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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, August 3, 2020 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely through Zoom. Public testimony during public hearings and audience comments will be accommodated through Zoom, but the public is requested to sign up for such testimony by emailing cityclerk@rentonwa.gov or jmedzegian@rentonwa.gov. For those wishing to attend by Zoom, please (1) click this link: https://us02web.zoom.us/j/87006639675 (or copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215-8782 and entering 870 0663 9675, or (3) email one of the above email addresses or call 425-430-6501 by 10 a.m. on the day of the meeting to request an invite with a link to the meeting. Those testifying or providing audience comment will be limited to 5 minutes each speaker unless an exception is granted by the Council. Attendees will be muted and not audible to the Council except during times they are designated to speak. Advance instructions for how to address the Council will be provided to those who sign up in advance to speak and again during the meeting. The proceedings will also be available to view live on Renton’s Channel 21, and streaming live at http://rentonwa.gov/streaming Although it is anticipated an updated order from the Governor will prohibit physical attendance at the meeting, if such an order is not issued, a space will be made available at the Renton City Hall, 1055 S. Grady Way, Renton, WA 98057, in Council Chambers located on the 7th Floor, Room 702 for the public to attend. 1. CALL TO ORDER 2. ROLL CALL 3. PROCLAMATION a) Women’s Right to Vote Centennial Anniversary - August 26, 2020 4. PUBLIC HEARING a) Emergency Waived Fees Ordinance 5973 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENTS NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of July 13, 2020. Council Concur b) AB - 2680 Mayor Pavone appoints the following individuals to the Renton Airport Advisory Committee: Mr. Chuck Kegley, Airport-at-Large (alternate position), with a term expiring May 7, 2023; and Mr. Charles Pepka, Washington State Pilots' Association (alternate position), with a term expiring May 7, 2023. Refer to Transportation (Aviation) Committee c) AB - 2682 City Clerk submits the 2019 Joint Legislative Audit and Review Committee (JLARC) Report for 2019 The report summarizes the City's responsiveness to public records requests for the period January 1, 2019 through December 31, 2019. None; Information Only d) AB - 2683 Community & Economic Development Department recommends approval of the Sunset Neighborhood Center Capital Grant agreement with the Renton Housing Authority (RHA) for a $400,000 grant to assist with renovation costs for the former Renton Higlands Library. The $400,000 is offset by a $400,000 payment towards a Promissory Note for the purchase of the former Renton Highlands Library by RHA. Refer to Finance Committee e) AB - 2679 Executive Department recommends approval of a Washington State Military Department Public Assistance Grant Agreement D20-2010 in order to receive 75% or more of eligible non-insurance covered damages sustained by the City during the storm period January 20 through February 10, 2020. Refer to Finance Committee f) AB - 2681 Public Works Administration requests authorization to reclassify a Traffic Maintenance Worker II (salary grade a12) to a Senior Maintenance Worker (salary grade a15). The fiscal impact for 2020 is approximately $558. Refer to Finance Committee g) AB - 2685 Transportation Systems Division recommends approval of a Capital Improvements Agreement with the King County Metro Transit Department, in an amount not to exceed $1,500,000 in reimbursement to the City for design services that support access to transit services and facilities in Renton. Refer to Finance Committee 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers, Public Works Department Reorganization b) Utilities Committee: WSDOT Limited Access Right-of-Way Runoff Study; Emerging Issues in Utilities (Including Water System Plan Update) 9. LEGISLATION Resolutions: a) Resolution No. 4414: Adopt 2021-2026 Business Plan to Strengthen Its Stand Against Racism and In Support of Racial Equity RES No. 4414 - MITF Letter Supporting Resolution b) Resolution No. 4415: Fee schedule Amendment Ordinances for second and final reading: a) Ordinance No. 5975: 2019/2020 Biennial Budget Amendment (First Reading 7/13/2020) b) Ordinance No. 5976: Shoreline Management Regulations Update (First Reading 7/13/2020) 10. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 11. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:30 p.m. - MEETING REMOTELY Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings \ Armondo Pavone Mayor '9 AGENDA ITEM #3. a) PUBLIC HEARING FOR MORATORIUM ON: APPLICATIONS FOR WAIVED FEE Renton City Council August 3, 2020 Presented by: Hannah Bahnmiller, Housing Programs Manager 206-503-3426 hbahnmiller@rentonwa.gov AGENDA ITEM #4. a) BACKGROUND Emergency Ordinance 5967 was adopted on April 6, 2020, establishing moratorium on the acceptance of fee waivers for Large Residential Projects in the CV zone, among other items A public hearing was opened by Planning Commission on June 3, 2020; comment on the waived fees item closed on July 8, 2020; Planning Commission deliberated and made recommendations on this item on July 15, 2020 Ordinance 5967 did not address waived fees applications for projects other than Large Residential Projects, allowing all other projects to apply for waived fees notwithstanding the moratorium Emergency Ordinance 5973 was adopted on June 22, 2020, establishing a moratorium on the acceptance of fee waivers for all projects AGENDA ITEM #4. a) BACKGROUND Ordinance 5967 cited: The need to assess the impacts of waiving fees for Large Residential Projects in the CV zone RCW 82.02.060 allows the City to waive up to 80% of transportation, parks and fire mitigating fees for eligible projects. Current provisions of RMC 4-1-210 allow 100% of all eligible fees to be waived, meaning the City pays the 20% difference above the statutory limit for transportation, parks, and fire impact mitigation fees AGENDA ITEM #4. a) BACKGROUND Ordinance 5973 cited: Ordinance 5967 did not address waived fee applications for any projects other than Large Residential Projects in the CV zone Staff have undertaken a work program to propose amendments to the fee waiver provisions, including measures to cap fee waivers for impact mitigation fees to the statutory limit Staff have briefed the Planning Commissions regarding proposed amendments to fee waiver provisions The revenue losses are projected this year due to the COVID-19 pandemic, and staff needs the opportunity to evaluate and amend the waived fee provisions before new applications are received to avoid further revenue impacts AGENDA ITEM #4. a) Staff Contact: Hannah Bahnmiller, Housing Programs Manager 206-503-3426 hbahnmiller@rentonwa.gov Tonight:Accept public testimony regarding Ordinance 5973 NEXT STEPS August 10, 2020: Planning & Development Committee Recommendation AGENDA ITEM #4. a) July 13, 2020 REGULAR COUNCIL MEETING MINUTES    CITY OF RENTON  MINUTES ‐ City Council Regular Meeting  7:00 PM ‐ Monday, July 13, 2020  Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way    CALL TO ORDER    Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM.    ROLL CALL    Councilmembers Present:  Ruth Pérez, Council President  Randy Corman, Council Position No. 1  Angelina Benedetti, Council Position No. 2   (arrived 7:02 p.m.)  Valerie O'Halloran, Council Position No. 3  Ryan McIrvin, Council Position No. 4  Ed Prince, Council Position No. 5  Kim‐Khánh Vǎn, Council Position No. 7  (all councilmembers attended remotely)   Councilmembers Absent:                               ADMINISTRATIVE STAFF PRESENT    Armondo Pavone, Mayor  Shane Moloney, City Attorney   Jason Seth, City Clerk  Julia Medzegian, Council Liaison  Kristi Rowland, Organizational Development Manager  Ellen Bradley‐Mak, Human Resources and Risk Management Administrator  Kelly Beymer, Community Services Administrator  Jan Hawn, Administrative Services Administrator  Martin Pastucha, Public Works Administrator  Cailín Hunsaker, Parks & Trails Director  Maryjane Van Cleave, Recreation Director  Ron Straka, Utility Systems Director  Jennifer Henning, Planning Director  Angie Mathias, Long Range Planning Manager  AGENDA ITEM #7. a) July 13, 2020 REGULAR COUNCIL MEETING MINUTES  Benita Horn, Inclusion & Equity Consultant  Deputy Chief Kevin Keyes, Police Department Administrator  Commander Chad Karlewicz, Police Department  (All City staff attended remotely except City Clerk Seth)      ADMINISTRATIVE REPORT    City Clerk Jason Seth reviewed a written administrative report summarizing the City’s recent  progress towards goals and work programs adopted as part of its business plan for 2020 and  beyond. Items noted were:   The City of Renton has received federal CARES Act funding from the Washington State  Department of Commerce to assist small businesses adversely impacted by COVID‐19.  Grants will be made in amounts up to $15,000 to qualifying businesses that:  o Have a Renton business license and are a for‐profit business, not a franchise  or national chain  o Have a physical location within Renton with a public‐facing storefront  o Have 25 or fewer employees (including the owner)  o Have been in operation in the City of Renton for at least two years  o Have experienced a revenue loss due to COVID‐19 related business closures  The application process will close at 5 p.m. on Thursday, July 30. More information  about the grant and application process is available at whyrenton.com/rentoncares.  Application assistance is available from the business support hotline at 206‐503‐1742  or by emailing thrive@rentonwa.gov. Requests for assistance in multiple languages  can be made via email.   The city is distributing face masks free to residents to help combat the spread of  COVID‐19. Distribution will take place every Wednesday and Thursday through the  end of July or for as long as supplies last. Mask distribution will take place at Renton  Community Center (1715 Maple Valley Hwy) from 4 to 6 p.m. on Wednesdays and  from 9 to 11 a.m. on Thursdays. Residents are asked to drive to the building’s main  entrance and each vehicle will receive two (2) five‐mask packets. There will be no  proof of residence required and we ask that you only pass through once. Renton  seniors picking up lunches at the Renton Senior Activity Center as part of the senior  lunch program will also receive masks.   Preventative street maintenance will continue to impact traffic and result in  occasional street closures.     AUDIENCE COMMENTS     Dr. Linda Smith, Renton, expressed support for the City’s efforts towards adopting a  resolution committing to ending structural racism and achieving racial equity. She  noted that although there is still much to be done, Renton is taking a step in the right  direction. Dr. Smith concluded by stating that the City’s budget should also be  reflective of the values of all its residents, and asked that an Equity and  Empowerment Commission be created to assist with funding programs to help  transform the lives of community residents.     Joseph Todd, Renton, stated that residents are speaking out on this issue because the  civil unrest in the country is perpetuated by the treatment of black Americans. He also  noted that equity conversations and framework lead with race policy decisions  AGENDA ITEM #7. a) July 13, 2020 REGULAR COUNCIL MEETING MINUTES  because racial inequities persist in every system across the country. Concluding, Mr.  Todd emphasized the need to add a paragraph in the resolution that ensures black  lives are included in this effort.     Larry Gossett, King County, noted that he is a former King County Councilmember and  expressed his appreciation for the City’s efforts towards adopting a resolution  committing to ending structural racism and achieving racial equity. He noted that  Renton’s African American population is nearly double what it is county‐wide and  explained that King County was able to frequently target assistance to blacks and  other disadvantaged groups. Concluding, Mr. Gossett applauded the City’s efforts but  also agreed that a specific paragraph that more directly speaks to how the City will  assist its African American and other disadvantaged communities should be added.    Sarah Hauer, Renton, explained that she is a pediatric occupational therapist  employed by the Renton School District. She conveyed a story about interactions with  two children with similar special needs; one, her nephew who is white and the other  child an African American. She emphasized how she has come to understand the fear  the African American child’s parents have of their son being physically restrained due  to the inconsistent application of special education and city and state laws.     Anson Huang, Renton, requested that the City be more intentional and transparent  when discussing racial disparities effecting black, indigenous, and people of color. He  remarked that inclusion and equity are not just buzzwords; they are words full of  hope and promises for a better future. He encouraged Council to add more language  highlighting the racial disparities and injustices faced by African Americans.     Winter Cashman, Renton, expressed support for the resolution committing to end  structural racism and achieve racial equity, but encouraged Council to delay adopting  the document until after adding language that protects gender identity and  expression.     Lylia Nichols, Renton, explained that she is a black woman, a nurse, a small business  owner in Renton, and a mother of two black sons. She expressed support for Mr.  Todd’s earlier comments, and support for the fight to make changes in the  community. Concluding, Ms. Nichols stated it is time to start having intentional  conversations around injustices, violence, and racism.     Meena Merchant, Renton, expressed support of the previous comments. She  emphasized that it is important to use language in the resolution that centers on  addressing anti‐racism and informs how policy actually becomes actionable.  Concluding, Ms. Merchant inquired about the status of the Black Lives Mural project,  noting that most residents support the mural and do not want the project to be  unnecessarily delayed.     Lanissa Youngquist, Renton, expressed support of the previous comments and urged  Council to use intentional language in support of the Black Lives Matter movement.  She also requested that Council use anti‐racist language in other City documents  including the business plan, the resolution adopting the business plan, and the  budget. Concluding, Ms. Youngquist explained the “Platinum Rule,” noting it means  people should be treated with dignity and respect on their own terms, not on our  own terms.    Dr. Dena Rosko, Renton, explained the term “second wound,” and urged Council to  use intentional language that does not invalidate or dismiss experiences nor blame  individuals for vocalizing their experiences. She also suggested an idea of establishing  AGENDA ITEM #7. a) July 13, 2020 REGULAR COUNCIL MEETING MINUTES  delegates for different neighborhoods. Concluding, Dr. Rosko urged Council to look at  how future budgeting can support community health and safety.     Krysta Strasbaugh, Renton, explained how power hoarding and using a sense of  urgency to accomplish goals were characteristics of white supremacy. She urged  Council to make sure that any sense of urgency was based on capturing the lived  experiences of black and indigenous communities and not simply to publish  documents in order to look good to the community.      Mayor Pavone thanked those who provided comments. Councilmember Corman also thanked  the speakers and noted that he agreed that the resolution did not need to be rushed. He  remarked that he wanted the final product to be right, not rushed. Councilmember Vǎn  thanked the speakers and agreed that the resolution could be delayed in order to incorporate  some of the comments heard at tonight’s meeting.     CONSENT AGENDA  Items listed on the Consent Agenda were adopted with one motion, following the listing. Councilmember  Vǎn removed Item 5.a for separate consideration.  b) AB ‐ 2671 Community & Economic Development Department recommended approval to  execute Amendment No. 4 to the Real Estate Disposition and Development Agreement  (related to the 200 Mill Building) with Cosmos International Corp., in order to extend the  terms of the agreement until the earlier of October 15, 2020 or 10 days after Cosmos has an  opportunity to review final King County Library Systems (KCLS) lease terms. Council Concur.   c) AB ‐ 2673 Community & Economic Development Department recommended adopting an  emergency ordinance to advance economic recovery for businesses in Renton, by providing  no‐fee Economic Recovery Revocable Right‐of‐Way Permits until Phase 4 of the Safe Start  Plan, or December 31, 2020 whichever occurs first; and allowance for Economic Recovery  Signs until December 31, 2020. Council Concur.   d) AB ‐ 2675 Executive Department recommended approval of a resolution adopting the  updated King County Regional Hazard Mitigation Plan. Council Concur.   e) AB ‐ 2676 Public Works Administration recommended approval of the reorganization of the  department's Airport Section currently under the direction of the Transportation Systems  Division to a separate Airport Division, reclassifying the Airport Manager (salary grade m33) to  Airport Director (m38), and authorize the department to hire an Airport Director at salary  grade m38, Step E, depending on qualifications of the applicant. Refer to Finance Committee.   f) AB ‐ 2661 Utility Systems Division recommended approval to execute an agreement with  Jacobs Engineering Group, Inc., in the amount of $170,009 for work associated with the  WSDOT Limited Access Right‐of‐Way Runoff Impacts Characterization Study. Refer to Utilities  Committee.    MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE  CONSENT AGENDA, MINUS ITEM 5.a. CARRIED.    SEPARATE CONSIDERATION ITEM 5.a   a) Approval of Council Meeting minutes of July 6, 2020. Council Concur.   AGENDA ITEM #7. a) July 13, 2020 REGULAR COUNCIL MEETING MINUTES   MOVED BY VǍN, SECONDED BY CORMAN, COUNCIL CONCUR TO AMEND THE  JULY 6, 2020 COUNCIL MEETING MINUTES TO INDICATE THAT COUNCILMEMBER  VǍN WAS PRESENT AND COUNCILMEMBER PRINCE WAS ABSENT. CARRIED.    MOVED BY CORMAN, SECONDED BY VǍN, COUNCIL CONCUR TO APPROVE  CONSENT AGENDA ITEM 5.a. AS AMENDED. CARRIED.    UNFINISHED BUSINESS   a) Finance Committee Chair Prince presented a report concurring in the staff recommendation to  approve the following payments:  1. Accounts Payable – total payment of $7,624,001.66 for vouchers, 384880‐384985,  384993‐385300 payroll benefit withholding vouchers 6300‐6303, 6314‐6321,  384986‐384992 and two wire transfers.  2. Payroll – total payment of $1,420,454.60 for payroll vouchers that include 587 direct  deposits and 3 checks (06/01/20‐06/15/20 pay period).    MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE  RECOMMENDATION. CARRIED.   b) Finance Committee Chair Prince presented a report concurring in the staff recommendation to  approve the City Clerk Division reorganization as follows:  1) Convert the Assistant Public Records Officer (a20, Step E) to Deputy City Clerk/Public  Records Officer (m24, Step E)  2) Convert Public Records Specialist (a11) to Public Records Specialist (a17) (currently  vacant)  3) Convert Enterprise Content Manager/Deputy Public Clerk (m24, Step E) to Enterprise  Content Manager (m27, Step E)  4) Establish City Clerk Specialist series by converting two City Clerk Specialist positions  (a11, Step E) to City Clerk Specialist (a15, Step E)    The estimated net cost for the change for 2020 is $17,051.21 including salary and full benefits,  which will be absorbed by the division’s current professional services, making the request budget  neutral. Annual cost after the vacant position is filled is approximately $55,000 annually and will  also be absorbed by the division’s current professional services budget. The effective date for  this re‐org is August 1, 2020.    MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE  RECOMMENDATION. CARRIED.   c) Finance Committee Chair Prince presented a report concurring in the staff recommendation to  approve an amendment in the 2019/2020 Budget appropriations in the amount of $(11,881,437)  with the total amended budget to be $833,690,676 for the biennium. The Finance Committee  recommended concurrence in the staff recommendation to approve an amendment in the  2019/2020 Fee Schedule as noted in a redlined version of the attached 2019/2020 Fee Schedule.  The Committee further recommended that the ordinance regarding the 2020 2nd Quarter  Budget Amendment be presented for first reading and that the resolution regarding the  2019/2020 Fee Schedule be presented for reading and adoption.   MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE  RECOMMENDATION. CARRIED.   AGENDA ITEM #7. a) July 13, 2020 REGULAR COUNCIL MEETING MINUTES  d) Finance Committee Chair Prince presented a report concurring in the staff recommendation to  approve the BJA FY 20 Coronavirus Emergency Supplemental Funding Program grant agreement  with the U.S. Department of Justice, to receive $100,954 in grant funds for the procurement of  Personal Protective Equipment (PPE), cleaning supplies, and other various equipment and  supplies if they contribute to the prevention, preparation, or response to the Coronavirus  pandemic. The Committee further recommended that the Mayor and City Clerk be authorized to  execute the agreement.    MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE  RECOMMENDATION. CARRIED.   e) Planning & Development Committee Chair Corman presented a report concurring in the staff  and Planning Commission recommendation to adopt the amendments to the Shoreline Master  Program. The Committee further recommended that the ordinance be presented for first  reading.    MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE  COMMITTEE RECOMMENDATION. CARRIED.    LEGISLATION   Resolutions:   a) Resolution No. 4413:  A resolution was read adopting the 2020‐2025 King County Regional  Hazard Mitigation Plan and authorizing the City's annex thereto, and adopting the City of  Renton Plan Annex.    MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS  READ. CARRIED.   b) Resolution No. 4414: A resolution was read adopting the 2021‐2026 Business Plan to  Strengthen Its Stand Against Racism and In Support of Racial Equity.    MOVED BY CORMAN, SECONDED BY VǍN, COUNCIL REFER RESOLUTION NUMBER  4414 AND THE BUSINESS PLAN TO THE ADMINISTRATION TO INCORPORATE  SOME OF THE COMMENTS HEARD AT TONIGHT'S COUNCIL MEETING.**    Discussion ensued regarding taking more time to incorporate some of the comments made  by speakers at tonight’s Council meeting; reasons for not wordsmithing the document  during the meeting; whether the resolution or the business plan it adopts was the more  vital document needed to effectuate the change residents and others are calling for;  ensuring gender identity and expression are included in the resolution; explanations of the  terms anti‐racist and anti‐racism; and general agreeance to postpone adoption of the  resolution for as long as necessary to ensure it meets a moderate level of approval by all  parties involved.**MOTION CARRIED.    Ordinances for first reading:   c) Ordinance No. 5975:  An ordinance was read amending the City of Renton fiscal years  2019/2020 Biennial Budget as adopted by Ordinance 5898, in the amount of $(11,881,437).    MOVED BY CORMAN, SECONDED BY PRINCE, COUNCIL REFER THE ORDINANCE  FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.   AGENDA ITEM #7. a) July 13, 2020 REGULAR COUNCIL MEETING MINUTES  d) Ordinance No. 5976:  An ordinance was read amending subsections 4‐3‐050.C.3; 4‐3‐050.C.4;  4‐3‐050.G.6.a; 4‐3‐090.A; 4‐3‐090.B.3; 4‐3‐090.C.3.b; 4‐3‐090.C.4.b; 4‐3‐090.D.1; 4‐3‐ 090.D.2.c; 4‐3‐090.D.2.d; 4‐3‐090.D.3.b; 4‐3‐090.D.5; 4‐3‐090.D.6.d; 4‐3‐090.D.7.a; 4‐3‐ 090.D.7.d; 4‐3‐090.D.8; 4‐3‐090.E.1; 4‐3‐090.E.4.a; 4‐3‐090.E.5.a.iv(b)(2); 4‐3‐090.E.7.b.ii(a); 4‐ 3‐090.E.10.e.ii(b); 4‐3‐090.E.10.e.iii(c); 4‐3‐090.E.11.a.x; 4‐3‐090.E.11.d.i(d); 4‐3‐090.E.11.d.iv;  4‐3‐090.F.1; 4‐3‐090.F.4.a.vi; 4‐3‐090.F.6.k; 4‐4‐130.C.9; 4‐4‐130.D.3.a.iii; 4‐9‐070.H.2; 4‐9‐ 190.B; 4‐9‐190.C; 4‐9‐190.D; 4‐9‐190.E; 4‐9‐190.H; 4‐9‐190.I; 4‐9‐190.J.11; 4‐9‐190.M; 4‐9‐ 190.O; 4‐9‐195.D.4.h; and 4‐9‐195.D.5; SECTION 4‐10‐095; and the definition of "Buffer,  Shorelines" in Section 4‐11‐020; the definitions of "Developable Area" and "Development" in  Section 4‐11‐040; the definition of "Floodway" in Section 4‐11‐060; the definition of "Lot  Measurements" in Section 4‐11‐120; and the definition (for RMC 4‐3‐090, Shoreline Master  Program Regulations, Use Only) of "Setback" in Section 4‐11‐190, of the Renton Municipal  Code, amending the City's Shoreline Master Program Regulations, providing for severability;  and establishing an effective date.    MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE  FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.   Ordinance for first and advancement to second and final reading:   e) Ordinance No. 5974:  An ordinance was read adopting an interim zoning control in response  to the phased opening of businesses following the Covid‐19 declared public health  emergency; temporarily establishing a permit to be known as an “Economic Recovery  Revocable Right‐Of‐Way Permit” for businesses; temporarily allowing “Economic Recovery  Signs” for businesses; providing for severability; declaring an emergency; and establishing an  immediate effective date.    MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL ADVANCE THE  ORDINANCE FOR SECOND AND FINAL READING AT TONIGHT'S MEETING.  CARRIED.     Following a second and final reading, it was    MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS  READ. CARRIED.    NEW BUSINESS   Please see the attached Council Committee Meeting Calendar.    ADJOURNMENT    MOVED BY PRINCE, SECONDED BY O'HALLORAN, COUNCIL ADJOURN. CARRIED.  TIME: 8:26 P.M.                Jason A. Seth, MMC, City Clerk           Jason Seth, Recorder 13 Jul 2020 AGENDA ITEM #7. a) Council Committee Meeting Calendar July 13, 2020 July 20 and 27, 2020 Monday NO MEETINGS Council Holiday August 3, 2020 Monday CANCELLED Community Services Committee, Chair Văn CANCELLED Transportation Committee, Chair McIrvin 4:00 PM Utilities Committee, Chair O’Halloran - VIDEOCONFERENCE * 1. WSDOT Limited Access Right-of-Way Runoff Study 2. Emerging Issues in Utilities Including Water System Plan Update 4:45 PM Finance Committee, Chair Prince - VIDEOCONFERENCE 1. Vouchers 2. Public Works Department Reorganization * 3. Emerging Issues (including METRO Funds Acceptance Briefing) 5:30 PM Committee of the Whole, Chair Pérez – VIDEOCONFERENCE 1. COVID-19 Human Services Update (Including long-term plan for shelters and feeding program – 200K grant) 7:00 PM City Council Meeting, Chair Pérez – VIDEOCONFERENCE * Revised title 072020 AGENDA ITEM #7. a) AB - 2680 City Council Regular Meeting - 03 Aug 2020 SUBJECT/TITLE: Appointments to Renton Airport Advisory Committee--Chuck Kegley and Charles Pepka RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Executive Department STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6521 FISCAL IMPACT SUMMARY: None SUMMARY OF ACTION: Mayor Pavone appoints the following to the Renton Airport Advisory Committee: Mr. Chuck Kegley, Airport-At-Large (alternate position), for a term expiring 5/7/23 Mr. Charles Pepka, Washington State Pilots Association (alternate position), for a term expiring 5/7/23 EXHIBITS: A. Recommendation Memo B. Application-Chuck Kegley C. Application-Charles Pepka STAFF RECOMMENDATION: Confirm Mayor Pavone's appointments of Mr. Chuck Kegley and Mr. Charles Pepka to the Renton Airport Advisory Committee. AGENDA ITEM #7. b) PUBLICWORKSDEPARTMENTMEMORANDUMDATE:July6,2020TO:ArmondoPavone,MayorFROM:MartinPastucha,PublicWorksAdministratorSTAFFCONTACT:JimSeitz,TransportationSystemsDirector,ext.7245SUBJECT:RentonMunicipalAirportRecommendationforAppointmenttotheRentonAirportAdvisoryCommitteeTheRentonAirportAdvisoryCommittee(RAAC)currentlyhasvacanciesfortheAlternateAirport-at-LargepositionandtheAlternateWashingtonStatePilotsAssociationposition.Afterreviewoftheapplicationsreceived,thefollowingapplicantspossessedthenecessaryqualificationsthatwillbestservetheCommittee.ChuckKegleyPositionRecommendation:AlternateAirport-at-LargeTermExpirationDate:May7,2021TheAlternateAirport-at-LargepositionrequiresitbeheldbyanindividualresidinginRenton.Mr.KegleyisalongtimeresidentofRenton.HepreviouslyservedaschairmanoftheRAAC.Heiscommittedtoaviationsafety,understandsaviationmattersandhasbeenadedicatedleaderattheRentonAirportformanyyears.BasedonthesequalificationsandhishistorywiththeAirport,IrecommendhisappointmenttotheAlternateAirport-at-Largeposition.CharlesPepkaPositionRecommendation:AlternateWashingtonStatePilotsAssociationTermExpirationDate:May7,2023TheWashingtonStatePilotsAssociationpositionrequiresitbeanindividualresidinginRenton.Mr.PepkaisalongtimeresidentofRentonwhoisapilotanduseroftheRentonAirport.Hehasworkedinthecity,servedoncitycommitteesandparticipatedincommunityactivitiesformanyyears.Basedonhispilotstatus,aviationknowledgeandhistoryofinvolvementinthecity,IrecommendhisappointmenttotheAlternateWashingtonStatePilotsAssociationposition.ThankyouforsupportingourrecommendationsforappointmentstotheRentonAirportAdvisoryCommittee.Ifyouhaveanyquestions,pleasecontactTransportationSystemsDirectorJimSeitzatjseitz@rentonwa.govorviaphoneatext.7245.cc:JasonAnderson,InterimAirportManagerh:\division.s\transpor.tat\admin\kelseymarshall\memorandum&contracts\2020\jim\raac\raacappointmentsmemo.docxAGENDA ITEM #7. b) CITY OF RENTON APPLICATION FOR BOARDS / COMMISSIONS / COMMITTEES If you are interested in participating in local government by membership on any of the following City boards, commissions or committees, please complete this application and return it to: Office of the Mayor City of Renton 1055 S Grady Way Renton, WA 98057 Check the boards/commissions/committees in which you are interested: AIRPORT ADVISORY COMMITTEE CIVIL SERVICE COMMISSION COMMUNITY PLAN ADVISORY BOARD – Benson Hill COMMUNITY PLAN ADVISORY BOARD – City Center HISTORICAL/MUSEUM BOARD HOUSING AUTHORITY HUMAN SERVICES ADVISORY COMMITTEE PARKS COMMISSION PLANNING COMMISSION RENTON MUNICIPAL ARTS COMMISSION SENIOR CITIZENS ADVISORY BOARD SISTER CITY COMMITTEE - CUAUTLA SISTER CITY COMMITTEE - NISHIWAKI Special membership requirements may apply for certain boards/commissions/committees. Call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR. MS. NAME DATE ADDRESS ZIP CODE PHONE: DAY NIGHT EMAIL: RENTON RESIDENT? IF SO, SINCE WHEN? CITY OF FORMER RESIDENCE EDUCATIONAL BACKGROUND OCCUPATION EMPLOYER OCCUPATIONAL BACKGROUND COMMUNITY ACTIVITIES (organizations/clubs/service groups, etc.) REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE CAN ATTEND DAY MEETINGS? CAN ATTEND NIGHT MEETINGS? Applications will be kept on file for one year. If you have questions about serving on a board, commission, or committee, please feel free to contact the mayor's office at 425-430-6500. 6/2019 AGENDA ITEM #7. b) 1 Hannah L Miller From:Hannah L Miller Sent:Tuesday, June 9, 2020 2:40 PM To:Hannah L Miller Subject:FW: Application for Boards/Commissions/Committees 2020-06-09 11:44 AM(PST) Submission Notification From: notification@civiclive.com <notification@civiclive.com> Sent: Tuesday, June 9, 2020 11:44 AM To: April Alexander <analexander@Rentonwa.gov> Subject: Application for Boards/Commissions/Committees 2020-06-09 11:44 AM(PST) Submission Notification Application for Boards/Commissions/Committees 2020-06-09 11:44 AM(PST) was submitted by Guest on 6/9/2020 2:44:17 PM (GMT-08:00) Canada/Pacific Name Value Airport Advisory Committee* Airport Advisory Committee* Civil Service Commission* Community Plan Advisory Board - Benson Hill Community Plan Advisory Board - City Center Historical/Museum Board* Housing Authority* Human Services Advisory Committee* Parks Commission* Planning Commission* Municipal Arts Commission* Senior Citizens Advisory Board* Sister City Committee - Cuautla Sister City Committee - Nishiwaki Gender Mr. Name Charles Pepka Address: 425 south 7 street renton wa 98057 Email rcsspring@aol.com Phone 206-612-0099 AltPhone: 425-255-1453 Resident Yes ResidentSince no formerresidence born in renton kennydale EducationBackground Tool maker Spring designer education includes engineering, accounting, business administration, Theory of constraints training Instructor for the Spring Manufacture Institute in basic and intermediate spring design. Private pilot MELI AGENDA ITEM #7. b) 2 OccupationalBackground President/ CEO Renton Coil Spring Co. Employer: Renton Coil Spring CO. 70 years in operation CommunityActivities Renton rotary 40 plus years Renton chamber of commerce Salvation Army food bank contributor Cops with cancer program Reasonforapplying As a pilot and a Long time Renton airport user I have an interest I the future of Renton airport in its mixed use with Boeing co and private and float operations Day Meetings Day Meetings Night Meetings Night Meetings To view this form submission online, please follow the link below: https://rentonwa.gov/form/one.aspx?objectId=16796019&contextId=9212967&returnto=submissions AGENDA ITEM #7. b) AB - 2682 City Council Regular Meeting - 03 Aug 2020 SUBJECT/TITLE: Joint Legislative Audit and Review Committee - 2019 Public Records Requests Report RECOMMENDED ACTION: None; Information Only DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: No direct impact. The report indicates the City spent approximately $671,961 in staff time fulfilling requests in 2019; and approximately $313,090 in additional costs for the purchase and/or maintenanc e of equipment, hardware, software and other services to fulfill requests in 2019. SUMMARY OF ACTION: Per Policy & Procedure 100-05, the City Clerk hereby submits the Joint Legislative Audit and Review Committee (JLARC) report for 2019. This report contains a numbers of measures used to audit and evaluate the City's responsiveness to Public Records Requests from January 1, 2019 through December 31, 2019. A copy of the report submitted to the State of Washington is attached. Highlights include: Statistics: Requests Received: 3,421 (2018); 4,117 (2019) Requests Closed: 3,3341 (2018); 4,055 (2019) Median Number of Days to Final Disposition: 4 (2018); 5 (2019) Average Number of Days to Final Disposition: 6.9 (2018); 2.2 (2019) Number of Requests Denied in Full: 1 (2018); 18 (2019) Number of Requests Redacted/Exempted: 1,307 (2018); 2,390 (2019) Estimated total staff time: 10,102 hours (2018); 9,359 hours (2019) Average staff time per request: 3 hours (2018); 2 hours (2019) Estimated amount of total staff time: $471,637 (2018); $671,961 (2019) Estimated amount of maintaining records: $316,287 (2018); $313,090 (2019) Estimated cost per request: $134.68 (2018); $160.03 (2019) Total expenses recovered: $84 (2018); $256 (2019) The full report includes additional measures and is attached. EXHIBITS: A. 2019 JLARC Report STAFF RECOMMENDATION: N/A AGENDA ITEM #7. c) Public Records Requests Report for Renton for 2019 Baseline data The reporting period is for the calendar year (January 1st to December 31st). Click here for guidance related to Baseline data. Metric 1 Total number of requests closed within five days. Click here for guidance related to Metric 1. Metric 2 The number of requests where an estimated response time beyond five days was provided. Click here for guidance related to Metric 2. Metric 3 Average and median number of days from receipt of request to the date of final disposition of request. Click here for guidance related to Metric 3. Baseline data Total number of open public records requests at the beginning of the reporting period 82 Of the number of requests open at the beginning of the reporting period, how many were closed during the reporting period? 26 Total number of public records requests received during the reporting period 4117 Total number of public records requests closed during the reporting period 4055 Number of requests closed within five days Number of requests closed within five days 1030 If your agency feels the data provided for this metric is unduly influenced by a small number of unusually large requests, you may provide additional explanation here Number of requests where an estimated response time beyond 5 days was provided Number of requests where an estimated response time beyond five days was provided 3087 You may provide additional explanation here for the data provided for this metric Average and median number of days from receipt to final disposition Number of requests with final disposition 4081 Page 1 of 6Public Records Reporting 6/23/2020https://app.leg.wa.gov/PublicRecordsReporting/Home/Review/2058 AGENDA ITEM #7. c) Metric 4 Number of public records requests for which the agency formally sought additional clarification from the requester. Click here for guidance related to Metric 4. Metric 5 Number of requests denied and the most common reasons for denying requests. Click here for guidance related to Metric 5. Number of days to final disposition 9095 Median number of days to final disposition 5 Average number of days to final disposition (calculated) 2.2 If your agency feels the data provided for this metric are unduly influenced by a small number of unusually large requests, you may provide additional explanation here Number of requests for which additional clarification was sought Number of requests with additional clarification sought 274 You may provide additional explanation here for the data provided for this metric Number of requests denied in part or in full. Number of closed requests that were denied in full 18 Number of closed requests that were partially denied or redacted 2390 Please provide the 5 to 10 most common reasons for denying requests during this reporting period Reason 1 Social Security Number Reason 2 Driver's License Number Reason 3 Attorney-Client Privileged Communication Reason 4 Active Investigation Reason 5 Materials submitted with Employment Application Page 2 of 6Public Records Reporting 6/23/2020https://app.leg.wa.gov/PublicRecordsReporting/Home/Review/2058 AGENDA ITEM #7. c) Metric 6 Number of requests abandoned by requesters. Click here for guidance related to Metric 6. Metric 7 Number of requests, by type of requester. Click here for guidance related to Metric 7. Reason 6 Personal Information Reason 7 Reason 8 Reason 9 Reason 10 You may provide additional explanation here for the data provided for this metric Number of requests abandoned by requesters Number of requests abandoned by requesters 22 You may provide additional explanation here for the data provided for this metric Number of requests, by type of requesters Requester type Other (please explain) Total requests Individuals 1974 Page 3 of 6Public Records Reporting 6/23/2020https://app.leg.wa.gov/PublicRecordsReporting/Home/Review/2058 AGENDA ITEM #7. c) Metric 8 Percent of requests fulfilled electronically compared to the percent of requests fulfilled by physical records. Click here for guidance related to Metric 8. Metric 9 Requester type Other (please explain) Total requests Law firms 558 Organizations 501 Insurers 628 Governments 256 Incarcerated persons 2 Media 79 Current or former employees 12 Other This option was selected by requestor 107 You may provide additional explanation here for the data provided for this metric Percent of requests fulfilled electronically compared to percent fulfilled by physical records Number of requests fulfilled electronically 3273 Number of requests fulfilled by physical records 62 Number of requests fulfilled by electronic and physical records 369 Number of requests closed with no responsive records 377 Percent of requests fulfilled electronically (calculated) 80% Percent of requests fulfilled by physical records (calculated) 2% Percent of requests fulfilled by electronic and physical records (calculated) 9% Percent of requests closed with no responsive records (calculated) 9% You may provide additional explanation here for the data provided for this metric Page 4 of 6Public Records Reporting 6/23/2020https://app.leg.wa.gov/PublicRecordsReporting/Home/Review/2058 AGENDA ITEM #7. c) Number of requests where one or more physical records were scanned to create an electronic version to fulfill disclosure. Click here for guidance related to Metric 9. Metric 10 Average estimated staff time spent on each public records request. Click here for guidance related to Metric 10. Metric 11 Estimated total costs incurred by the agency in fulfilling records requests, including staff compensation and legal review and average cost per request. Click here for guidance related to Metric 11. Metric 12 Number of claims filed alleging a violation of Chapter 42.56 or other public records statutes during the reporting period, categorized by type and exemption at issue (if applicable). Click here for guidance related to Metric 12. Metric 13 Number of requests where records were scanned Requests scanned 143 You may provide additional explanation here for the data provided for this metric Average estimated staff time spent on each request Estimated total staff time in hours 9359 Average estimated staff time in hours per request (calculated) 2 If your agency feels the data provided for this metric is unduly influenced by a small number of unusually large requests, you may provide additional explanation here Estimated total costs incurred Estimated total cost $671,961 Average estimated cost per request (calculated) $160.03 You may provide additional explanation here for the data provided for this metric Our agency applied an overhead rate in our calculation of estimated costs. Number of claims filed alleging a violation of Chapter 42.56 RCW There were no claims filed alleging a violation of Chapter 42.56 RCW. You may provide additional explanation here for the data provided for this metric Page 5 of 6Public Records Reporting 6/23/2020https://app.leg.wa.gov/PublicRecordsReporting/Home/Review/2058 AGENDA ITEM #7. c) Costs incurred by the agency litigating claims alleging a violation of Chapter 42.56 RCW or other public records statutes during the reporting period, including any penalties imposed on the agency. Click here for guidance related to Metric 13. Metric 14 Estimated costs incurred by the agency with managing and retaining records, including staff compensation and purchases of equipment, hardware, software, and services to manage and retain public records. Click here for guidance related to Metric 14. Metric 15 Expenses recovered by the agency from requesters for fulfilling public records requests, including any customized charges. Click here for guidance related to Metric 15. Costs incurred litigating claims alleging a violation of Chapter 42.56 RCW Total litigation costs $0 You may provide additional explanation here for the data provided for this metric Estimated costs incurred managing and retaining records Cost of agency staff who manage/retain records $199,324 Cost of systems that manage/retain records $89,973 Cost of services purchased for managing/retaining records $23,793 Total estimated cost for managing and retaining records (calculated) $313,090 You may provide additional explanation here for the data provided for this metric Our agency applied an overhead rate in our calculation of estimated costs. Expenses recovered from requesters Total Expenses Recovered Customized Service Charges Description of Service Charges $256 You may provide additional explanation here for the data provided for this metric Page 6 of 6Public Records Reporting 6/23/2020https://app.leg.wa.gov/PublicRecordsReporting/Home/Review/2058 AGENDA ITEM #7. c) AB - 2683 City Council Regular Meeting - 03 Aug 2020 SUBJECT/TITLE: Sunset Neighborhood Center Capital Grant Agreement RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Mark Santos-Johnson, Community Development & Housing Manager EXT.: 6584 FISCAL IMPACT SUMMARY: $400,000; offset by $400,000 payment received by City on 7/1/2020 from Renton Housing Authority towards Promissory Note for purchase of former Renton Highlands Library. SUMMARY OF ACTION: The Sunset Neighborhood Center (previously referred to as the Sunset Multi -Service & Career Development Center, the “Center”) is an integral part of the Sunset Area Transformation Plan and a critical community improvement to more effectively respond to the health and human service needs of residents in the Sunset Area and surrounding community. The City’s $400,000 capital grant will help RHA renovate the former Renton Highlands Library to open the Center in late-2020. On June 25, 2018, the Council passed a motion to award a $400,000 capital grant to the Renton Housing Authority (the “RHA”) to help renovate the former library for use as the Center, subject to an acceptable agreement to be approved by Council established between the City and RHA. Pursuant to the Council’s motion, on July 11, 2018, then-Mayor Law and RHA signed a Letter of Intent for the $400,000 capital grant. The Sunset Neighborhood Center Capital Grant Agreement (the “Agreement”) fulfills the Council’s June 25, 2018, authorization to proceed with negotiating a $400,000 capital grant agreement and also implements the remaining obligations as set forth in the July 11, 2018, Letter of Intent. As specified in the Agreement: • RHA agrees to use the City’s $400,000 capital grant to help renovate the former Renton Highlands Library for use as a placed-based multi-service center. More specifically, RHA agrees to use the funds for construction costs of the Center, including general construction and/or LEED Silver construction -related work. • RHA agrees to use the Property for a minimum of 10 years to provide services at the Center to respond to needs of residents in the Sunset Area neighborhood and surrounding Renton Highlands community, including, for example, child and/or adult learning, tutoring and/or mentoring; employment counseling and services and/or job training; integrated health services, including behavioral health counseling and services, health education and health and/or dental care services; case management; and/or legal assistance. The actual services to be provided will be determined based on the regional and community partners who participate in the Center, the community’s evolving needs, and the available funds for various services over a minimum of 10 years. AGENDA ITEM #7. d) RHA completed the design for the renovation of the former library and started renovations for the Center in February, 2020. The rehabilitation is projected to be completed in fall 2020 with occupancy of the Center scheduled for late-2020. Currently, the following partners are scheduled to provide services at the Center when it opens: RHA, Neighborhood House, HealthPoint, Valley Cities, and St. Vincent de Paul Society (Centro Rendu). EXHIBITS: A. Issue Paper B. Sunset Neighborhood Center Capital Grant Agreement C. Sunset Neighborhood Center Renderings & Construction Photos STAFF RECOMMENDATION: Staff recommends (1) approve the Sunset Neighborhood Center Capital Grant Agreement with the Renton Housing Authority for a $400,000 grant to help renovate the former Renton Highlands Library for the Sunset Neighborhood Center; and (2) authorize the Mayor to execute said a greement in substantially the same form. AGENDA ITEM #7. d) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:July 24, 2020 TO:Ruth Perez, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Jennifer T. Henning for C. E. “Chip” Vincent, CED Administrator STAFF CONTACT:Mark Santos-Johnson, Community Development & Housing Manager SUBJECT:Sunset Neighborhood Center Capital Grant Agreement ISSUE: Should Council approve an agreement with the Renton Housing Authority for a $400,000 capital grant to help renovate the former Renton Highlands Library for the Sunset Neighborhood Center? RECOMMENDATION: Staff recommends Council (1) approve the Sunset Neighborhood Center Capital Grant Agreement with the Renton Housing Authority for a $400,000 grant to help renovate the former Renton Highlands Library for the Sunset Neighborhood Center; and (2) authorize the Mayor to execute said agreement in substantially the same form. BACKGROUND SUMMARY: The Sunset Area is an ethnically diverse, low-income neighborhood in the Renton Highlands that has been a high-priority redevelopment and community revitalization area for the City since 2000. The 2014 Community Needs Assessment for Human Services and Housing for Renton identified significant unmet human service needs in the Sunset Area, including economic opportunity, basic needs, and health and wellness. As an integral part of the Sunset Area Transformation Plan created in 2015-2016, the City proposed to use the former Renton Highlands Library located at 2902 NE 12th Street (the “Property”) for the Sunset Neighborhood Center (which was previously referred to as the Sunset Multi-Service & Career Development Center, the “Center”). The City, Renton Housing Authority (the “RHA”), and Neighborhood House have been working since 2015 with multiple regional and community organizations on a plan to acquire, renovate, and use the Property to provide services at the Center. AGENDA ITEM #7. d) Ruth Perez, Council President Page 2 of 3 July 24, 2020 The total acquisition and renovation budget for the Center is approximately $4 million, including $885,000 for acquisition and the balance for architectural, engineering, construction, legal fees and other soft costs. In addition to the $885,000 committed by RHA to purchase the property, the project was awarded $1,412,000 by the Washington State legislature, $600,000 from the Bill & Melinda Gates Foundation and $20,000 from the First Financial Northwest/Renton Regional Community Foundation, plus the $400,000 grant from the City referenced in the Sunset Neighborhood Center Capital Grant Agreement (the “Agreement”). The balance of the projected costs will be paid for by RHA and/or with the receipt of other grant funds secured by RHA. The Property was sold by the City to RHA for the fair market value of $885,000 on March 16, 2018, for the planned purpose of creating the Center. RHA paid $85,000 to City at closing and executed a promissory note to the City for the balance of $800,000 with an interest rate of 1.70% annual percentage rate, to be paid off by RHA at $160,000 per year plus applicable accrued interest on the anniversary date of closing for five years (the “Property Loan”). As part of the City’s partnership with RHA to assist with the redevelopment of the former Sunset Terrace public housing property, RHA and the City entered into an Interlocal Agreement on November 22, 2016, for payment of demolition costs of properties owned by RHA, by which RHA agreed to reimburse the City pursuant to the terms of a promissory note (the “Demolition Loan”). On June 25, 2018, the Council passed a motion to award a $400,000 capital grant to RHA to help renovate the former Renton Highlands Library for use as the Center, subject to an acceptable agreement to be approved by Council established between the City and RHA. Pursuant to the Council’s motion, on July 11, 2018, then-Mayor Law and RHA signed a Letter of Intent for the $400,000 capital grant. The Letter of Intent required RHA to pay to the City $400,000 toward the remaining balance of the Property Loan at least 30 days in advance of when RHA needs the City to provide the $400,000 capital grant for the Center, and the City’s records mark receipt of such payment by RHA on July 1, 2020. The Letter of Intent further required RHA to pay the City the remaining balance of the Demolition Loan in the amount of $325,957 plus accrued interest by December 31, 2019, and the City’s records mark receipt of such payment by RHA on December 31, 2019. The Letter of Intent further required RHA to use the Property for the Center for a period of at least 10 years, commencing from the opening of the Center after renovations. The Sunset Neighborhood Center Capital Grant Agreement fulfills the Council’s June 25, 2018, authorization to proceed with negotiating a $400,000 capital grant agreement and also implements the remaining obligations as set forth in the July 11, 2018, Letter of Intent. As specified in the Agreement: AGENDA ITEM #7. d) Ruth Perez, Council President Page 3 of 3 July 24, 2020 RHA agrees to use the City’s $400,000 capital grant to help renovate the former Renton Highlands Library for use as a placed-based multi-service center. More specifically, RHA agrees to use the funds for construction costs of the Center, including general construction and/or LEED Silver construction-related work. RHA agrees to use the Property for a minimum of 10 years to provide services at the Center to respond to needs of residents in the Sunset Area neighborhood and surrounding Renton Highlands community, including, for example, child and/or adult learning, tutoring and/or mentoring; employment counseling and services and/or job training; integrated health services, including behavioral health counseling and services, health education and health and/or dental care services; case management; and/or legal assistance. The actual services to be provided will be determined based on the regional and community partners who participate in the Center, the community’s evolving needs, and the available funds for various services over a minimum of 10 years. RHA completed the design for the renovation of the former library and started renovations for the Center in February, 2020. (Please see the attached Sunset Neighborhood Center Renderings and Construction Photos.) The rehabilitation is projected to be completed in fall 2020 with occupancy of the Center scheduled for late-2020. Currently, the following partners are scheduled to provide services at the Center when it opens: Renton Housing Authority Neighborhood House HealthPoint Valley Cities St. Vincent de Paul Society (Centro Rendu) CONCLUSION: The Sunset Neighborhood Center is an integral part of the Sunset Area Transformation Plan and a critical community improvement to more effectively respond to the health and human service needs of residents in the Sunset Area and surrounding community. The City’s $400,000 capital grant will help RHA renovate the former Renton Highlands Library to open the Center in late-2020. cc: Jason Seth, City Clerk Jan Hawn, ASD Administrator Kelly Beymer, Community Services Administrator Cliff Long, Economic Development Director Guy Williams, Human Services Manager Attachments: Sunset Neighborhood Center Capital Grant Agreement Sunset Neighborhood Center – Renderings and Construction Photos AGENDA ITEM #7. d) Community and Economic Development Department CITY OF RENTON SUNSET NEIGHBORHOOD CENTER CAPITAL GRANT AGREEMENT This Sunset Neighborhood Center Capital Grant Agreement (“Agreement”) is dated for reference purposes as the ____ day of ______, 2020. The parties (“Parties”) to this agreement are the City of Renton, a non-charter code city under RCW 35A, a municipal corporation of the State of Washington, hereinafter referred to as the “City” or “Renton” and Renton Housing Authority, a public corporation of the State of Washington, hereinafter referred to as “RHA”. Collectively, Renton and RHA are the “Parties.” WITNESSETH: WHEREAS the Sunset Area is an ethnically diverse, low-income neighborhood in the Renton Highlands that has been a high-priority redevelopment and community revitalization area for the City since 2000; and WHEREAS in 2014 the City and RHA completed a Community Needs Assessment for Human Services and Housing for Renton, along with an addendum specific to the Sunset Area, (the “Needs Assessment”); and WHEREAS the Needs Assessment identified significant unmet human service needs in the Sunset Area, including economic opportunity, basic needs and health and wellness; and WHEREAS the proposed use of the former Renton Highlands Library located at 2902 NE 12th Street, Renton, Washington (the “Property”) for the Sunset Multi-Service & Career Development Center, which is also now referred to as the Sunset Neighborhood Center (the “Center”) was envisioned as an integral part of the Sunset Area Transformation Plan created in 2015-2016; and WHEREAS the City, RHA, and Neighborhood House (a 115-year old non-profit organization that partners with diverse individuals and families in King County to build community and achieve their goals for health, education and self-sufficiency) have been working since 2015 with multiple regional and community organizations on a plan to acquire, renovate, and use the Property to provide services at the Center; and WHEREAS the Property was sold by the City to RHA for the fair market value of $885,000, on March 16, 2018, for the planned purpose of creating the Center; and WHEREAS RHA, Neighborhood House, HealthPoint and the St. Vincent de Paul Society (Centro Rendu) currently plan to provide services at the Center; and AGENDA ITEM #7. d) Capital Grant Agreement – Sunset Neighborhood Center Page 2 of 9 WHEREAS the services envisioned for the Center include: child and/or adult learning, tutoring and mentoring; employment counseling and services and/or job training; integrated health services, including behavioral health counseling and services, health education and health and/or dental care services; case management; and/or legal assistance, and WHEREAS the total acquisition and renovation budget for the Center is approximately $4 million, including the $885,000 for acquisition and the balance for architectural, engineering, construction, legal fees and other soft costs; and WHEREAS, as to RHA’s $885,000 acquisition of the Property, RHA paid $85,000 to City at closing and executed a promissory note to the City for the balance of $800,000 with an interest rate of 1.70% annual percentage rate, to be paid off by RHA at $160,000 per year plus applicable accrued interest on the anniversary date of closing for five years (the “Property Loan”); and WHEREAS, in addition to the $885,000 committed by RHA to purchase the property, the project was awarded $1,412,000 by the Washington State legislature, $600,000 from the Bill & Melinda Gates Foundation and $20,000 from the First Financial Northwest/Renton Regional Community Foundation, plus the $400,000 grant from the City referenced in this agreement. The balance of the projected costs will be paid for by RHA and/or with the receipt of other grant funds secured by RHA; and WHEREAS, RHA and the City entered into an Interlocal Agreement on November 22, 2016, for payment of demolition costs of properties owned by RHA, by which RHA agreed to reimburse the City pursuant to the terms of a promissory note (“Demolition Loan”); and WHEREAS the City’s $400,000 capital grant will help RHA effectively renovate the Property so that the Center can be used to provide needed human services for the community; and WHEREAS the City wants to support the renovation and use of the Property for the Center with a goal of beginning to provide services at the Center in late-2020; and WHEREAS on June 25, 2018, the Renton City Council passed a motion to “(i) award a $400,000 capital grant to the Renton Housing Authority to help renovate the former Renton Highlands Library for use as the Sunset Multi-Service & Career Development Center, subject to an acceptable agreement to be approved by Council established between the City and the Renton Housing Authority; and (ii) authorize the Mayor to enter into and execute the Letter of Intent with the Renton Housing Authority for the $400,000 City capital grant;” and WHEREAS on July 11, 2018, then-Mayor Law and RHA signed the Letter of Intent that was referenced in the Renton City Council’s June 25, 2018 motion; and AGENDA ITEM #7. d) Capital Grant Agreement – Sunset Neighborhood Center Page 3 of 9 WHEREAS the Letter of Intent required RHA to pay to the City $400,000 toward the remaining balance of the Property Loan at least 30 (thirty) days in advance of when RHA needs the City to provide the $400,000 capital grant for the Center, and the City’s records mark receipt of such payment by RHA on July 1, 2020; and WHEREAS the Letter of Intent further required RHA to pay the City the remaining balance of the Demolition Loan in the amount of $325,957 plus accrued interest by December 31, 2019, and the City’s records mark receipt of such payment by RHA on December 31, 2019; and WHEREAS the Letter of Intent further required RHA to use the Property for the Center for a period of at least 10 (ten) years, commencing from the opening of the Center after renovations; and WHEREAS the City and RHA intend that this Agreement fulfill the Renton City Council’s June 25, 2018 authorization to proceed with negotiating a $400,000 capital grant agreement and also implement the Parties’ remaining obligations as set forth in the July 11, 2018 Letter of Intent. NOW, THEREFORE, in consideration of the mutual benefits and covenants herein referred to, and incorporating the language above in this Agreement, it is hereby agreed by and between the Parties as follows: 1. Scope and Obligations Incorporated from Letter of Intent. a. Scope of Work: In an effort to help offer more human services to residents in the Sunset Area neighborhood and the surrounding Renton Highlands community, the Parties agree that RHA shall use the City’s capital fund grant described in Section 4 of this Agreement to help renovate the Property for use as the Center to provide services to low- and moderate income Renton households. Project Exhibit A, “Scope of Work,” is attached hereto and incorporated herein by this reference. RHA shall comply with Exhibit A. b. Duration of Center’s Use. As set forth in Exhibit A, RHA shall use the Property for the Center for a period of at least 10 (ten) years, and RHA shall be subject to repayment obligations for failure to timely open the Center or for failure to operate for the minimum 10 (ten) years. c. Revised Promissory Note on Property Loan. The City agrees to return the original Property Loan promissory note to RHA, and RHA agrees to provide the City with a revised Property Loan promissory note with the same terms and conditions, but adjusted to reflect the remaining balance of the Property Loan at that time. AGENDA ITEM #7. d) Capital Grant Agreement – Sunset Neighborhood Center Page 4 of 9 2. Term. This Agreement shall be in effect as of the date of execution of this Agreement or August 1, 2020, whichever is later, and terminate on August 1, 2023, or three years from the date of execution of the Agreement, whichever is later (the “Term”), unless extended to a later date by written agreement of both Parties. 3. Termination. Prior to the expiration of the Term, this Agreement may be terminated or suspended immediately, with or without cause, upon written notice by Renton. RHA may cancel this Agreement only upon thirty (30) days’ written notice to Renton. In the event Renton terminates or suspends this Agreement, RHA will be entitled to receive compensation for any approved costs incurred prior to the effective date of such termination or suspension. The determination of the amount of any compensation to be paid shall be made by the Administrator of the Community and Economic Development Department, or any other City office, department or agency that shall succeed to its functions with respect to this Agreement, or his or her authorized designee. In the event of a dispute over the amount of compensation, the dispute shall be resolved by the City’s Chief Administrative Officer, or his/her designated representative, and RHA's Executive Director, or his/her designated representative. 4. Compensation. The total amount of funds pursuant to this Agreement shall not exceed Four Hundred Thousand Dollars ($400,000). Subject to the additional requirements set forth in Exhibit A, d isbursement will be made no later than forty-five (45) days after receipt of the letter requesting disbursement subject to the letter or documentation prerequisites noted in the Agreement. If Renton objects to any portion of the letter or documentation, it shall notify RHA. Renton reserves the option to disburse only that portion of funds that is consistent and not in dispute concerning RHA letter, documentation or performance prerequisites. In that event, the Parties will immediately make every effort to settle any disputed portion or portions. 5. Independent Contractor. RHA and Renton agree that RHA is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create, and it is not the intent of the Parties to create, an employer-employee relationship between the Parties hereto. Neither RHA nor any employee or volunteer of RHA shall be entitled to any benefits or rights given to Renton employees by virtue of the services provided under this Agreement. Renton shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to RHA, or any employee or volunteer of RHA. Industrial or any other insurance that is purchased for the benefit of Renton, regardless of whether such may provide a secondary or incidental benefit to RHA, shall not be deemed to convert this Agreement to an employment contract. AGENDA ITEM #7. d) Capital Grant Agreement – Sunset Neighborhood Center Page 5 of 9 6. Agency Indemnification. RHA represents to Renton that it has or will have adequate supervision for those participating in the project and that all applicable rules, regulations, statutes and ordinances will be complied with in their entirety. RHA agrees to indemnify, hold and defend Renton, its elected officials, officers, employees, agents and volunteers harmless from any and all claims, demands, losses, actions, violations and liabilities (including costs and all attorney’s fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees or representatives, arising from, resulting from, or connected with the Agreement to the extent caused by the negligent acts, errors or omissions of RHA, its partners, shareholders, agents, employees, or by RHA’s breach of this Agreement. RHA waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. RHA’s indemnification shall not be limited in any way by any limitation of the amount of damages, compensation or benefits payable to or by any third-party under workers’ compensation acts, disability benefit acts or any other benefits acts or federal, state or municipal benefits programs. 7. Discrimination Prohibited. In all of RHA’s services, programs, or activities, and all of RHA’s hiring and employment made possible by or resulting from this Agreement there shall be no discrimination by RHA or by RHA’s employees, agents, subcontractors, volunteers or representatives against any person because of age (except minimum age and retirement provisions), sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, unless based upon a bona fide occupational qualification in relationship to hiring and employment. Any material violation of this provision shall be grounds for Renton to immediately terminate this Agreement. 8. Hold Harmless. Contractor shall indemnify, defend and hold harmless Renton, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Contractor’s own employees, agents and volunteers, or damage to property caused by Contractor’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by Renton and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and Renton, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the extent of Contractor’s negligence. AGENDA ITEM #7. d) Capital Grant Agreement – Sunset Neighborhood Center Page 6 of 9 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. RHA shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with performance of the work hereunder by RHA, their agents, representatives, employees or subcontractors. No Limitation: The maintenance of insurance by RHA, as required by this Agreement, shall not be construed to limit the liability of RHA to the coverage provided by such insurance, or otherwise limit Renton’s recourse to any remedy available at law or in equity. RHA shall secure and maintain: a. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. b. Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being provided to Renton that are excluded in the commercial general liability insurance. c. Automobile Liability insurance: With a minimum combined single limit for bodily injury and property damage of $1,000,000 for each accident. This is required of all RHA and professional service providers where a vehicle will be used on the contract. Renton may request a copy of Consultant’ driving record abstract. d. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. e. It is agreed that on RHA’s commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. Renton’s insurance policies shall not be a source for payment of any RHA Contractor liability. f. Subject to Renton’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Renton before executing the work of this Agreement. g. RHA shall provide Renton with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. AGENDA ITEM #7. d) Capital Grant Agreement – Sunset Neighborhood Center Page 7 of 9 h. Termination: Notwithstanding any other provision of this Agreement, the failure of Consultant to comply with the above provisions of this section shall subject this Agreement to immediate termination without notice to any person in order to protect the public interest. i. Subcontractors. RHA shall ensure that each subcontractor of every tier obtain at a minimum the same insurance coverage and limits as stated herein for RHA. 10. Subcontracts and Purchases. Subcontract Defined. “Subcontract” shall mean any agreement between RHA and a subcontractor or between subcontractors that is based on this Agreement, provided that the term “subcontract” does not include the purchase of support services not related to the subject matter of this Agreement, or supplies. Writing Required: Any work or services assigned or subcontracted hereunder shall be in writing. RHA agrees that it is as fully responsible to Renton for the acts and omissions of its subcontractors and their employees and agents, as it is for the acts and omissions of its own employees and agents. 11. Debarred Contractors: RHA shall not make any award to any contractor, which is debarred, suspended or excluded from participation in federal assistance programs under Executive Order 12549, entitled “Debarment and Suspension.” The contractor shall certify that neither the contractor nor any member of the contractor’s development team is debarred, suspended or otherwise ineligible to participate in Federal Assistance programs under Executive Order 12549. 12. General Provisions. a. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. b. Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. c. Full Force and Effect. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. d. Assignment. Neither RHA nor Renton shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. AGENDA ITEM #7. d) Capital Grant Agreement – Sunset Neighborhood Center Page 8 of 9 e. Successors in Interest. Subject to the foregoing subsection, the rights and obligations of the Parties shall inure to the benefit of and may be binding upon their respective successors in interest, heirs, and assigns. f. No Waiver. Failure or delay of Renton to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of Renton to declare one breach or default does not act as a waiver of Renton’s right to declare another breach or default. g. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. h. Authority. Each individual executing this Agreement on behalf of Renton and RHA represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of RHA or Renton. i. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Written notice sent to Renton should be addressed as follows: Chip Vincent, Administrator City of Renton, Community & Economic Development Department 1055 South Grady Way Renton, WA 98057-3232 Written notice sent to RHA should be addressed as follows: Mark Gropper, Executive Director Renton Housing Authority 2900 NE 10th St Renton, WA 98056 j. Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. k. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to the completion dates set forth in the description of the Services is essential to RHA’s performance of this Agreement. AGENDA ITEM #7. d) Capital Grant Agreement – Sunset Neighborhood Center Page 9 of 9 l. Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to Renton at law, in equity, or by statues. m. Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. n. Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys’ fees, costs and expenses. o. Venue. The venue for any dispute related to this Agreement shall be Maleng Regional Justice Center, Kent, King County, Washington. IN WITNESS WHEREOF, the Parties enter into this Agreement by signing below. CITY OF RENTON By:__________________________ RENTON HOUSING AUTHORITY By:_________________________ Armondo Pavone Mayor Signature ____________________________ Name (print) ____________________________ Title ____________________________ Date ____________________________ Date Attest ____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: _________________________ Shane Moloney City Attorney AGENDA ITEM #7. d) Capital Grant Agreement – Sunset Neighborhood Center – Exhibit A Page 1 of 3 CITY OF RENTON SUNSET NEIGHBORHOOD CENTER CAPITAL GRANT AGREEMENT EXHIBIT A SCOPE OF WORK Project Title: Sunset Neighborhood Center Start Date: 8/1/20201 End Date: 8/1/2023 City Contact: Mark Santos-Johnson, Community Development and Housing Manager Telephone: (425) 430-6584 Fax: (425) 430-7300 E-mail: msantosjohnson@rentonwa.gov Renton Housing Authority Contact: Mark Gropper, Executive Director Telephone: 425-226-1850 x 223 E-mail: mrg@rentonhousing.org 1) Work Statement The Renton Housing Authority (hereinafter referred to as “RHA”) shall utilize the City of Renton’s capital grant to perform the activities specified below. Such services shall be provided in a manner that fully complies with all applicable federal, state and local laws, statutes, ordinances, rules and regulations, as are now in effect or may be hereafter amended. 2) Project Description and Obligations RHA completed the design for the renovation of the former library and started renovations for the Center in February, 2020. The rehabilitation is projected to be completed in September, 2020, with occupancy of the Center scheduled for late-2020. Once completed, the Center will serve as an anchor facility for education, training, health and/or human services for public housing and other low- and moderate-income residents who live in the Sunset Area neighborhood and the surrounding Renton Highlands community. Services will be provided by a variety of local and regional service providers. As of July 2020, the following partners are scheduled to provide services at the Center when it opens:  Renton Housing Authority  Neighborhood House  HealthPoint  St. Vincent de Paul Society (Centro Rendu) Additional service providers may participate in the project in the future, depending upon the community’s needs, available resources and available space at the Ce nter. The centralized space will serve as a catalyst for community-based, multi-agency collaboration. 1 See paragraph 2 of the Agreement for additional details regarding the Term of the Agreement. AGENDA ITEM #7. d) Capital Grant Agreement – Sunset Neighborhood Center – Exhibit A Page 2 of 3 RHA shall provide services at the Center to respond to needs of residents in the Sunset Area neighborhood and surrounding Renton Highlands community, including, for example, child and/or adult learning, tutoring and/or mentoring; employment counseling and services and/or job training; integrated health services, including behavioral health counseling and services , health education and health and/or dental care services; case management; and/or legal assistance (“Services”). However, the actual services to be provided will be determined based on the regional and community partners who participate in the Center, the community’s evolving needs and the available funds for various services over a minimum of 10 (ten) years. RHA shall use the City’s $400,000 grant to help renovate the former Renton Highlands Library for use as a placed-based multi-service center. As noted in (3) below, the funds shall be used for construction costs of the Center, including general construction and/or LEED construction - related work. 3) Compensation and Method of Payment RHA shall apply the City’s capital grant for the Center project in accordance with the Line Item budget below. The total amount of the funds pursuant to this Exhibit shall not exceed Four Hundred Thousand Dollars ($400,000). General Fund Capital Funds City of Renton Funds $400,000 Line Item Budget Personnel Services (detail below) $0 Office or Operating Supplies $0 Architectural & Engineering $0 Construction Contracts $400,000 Communications $0 Travel and Training $0 Other (specify below): $0 Total $400,000 4) Invoicing and Repayment Criteria for Compensation. RHA may request the $400,000 capital grant upon submittal of the architect’s certificate of payment for the contractor’s construction work demonstrating that at least seventy-five percent (75%) of the original construction contract work for the project has been completed. AGENDA ITEM #7. d) Capital Grant Agreement – Sunset Neighborhood Center – Exhibit A Page 3 of 3 Method of Payment. RHA will submit a letter requesting General Fund capital funds, including copies of supporting documents, such as the architect’s certificate of payment, to: Mark Santos-Johnson, Community Development & Housing Manager City of Renton, Department of Community & Economic Development 1055 S. Grady Way, 6th Floor Renton, WA 98057 Promise to Repay: Funding is contingent upon RHA obtaining a Certificate of Occupancy for the Center by August 1, 2023, and ensuring that for a minimum period of ten (10) years after its first date of opening, the Center is used to provide Services to residents of the Sunset Area neighborhood and surrounding Renton Highlands community. RHA will provide a copy of the Certificate of Occupancy for the Center to the City of Renton to “close out” the contract. If the Certificate of Occupancy is not obtained by the deadline, or the Center is not used to provide Services for the minimum period of ten (10) years, RHA agrees to repay to the City the entire Four Hundred Thousand Dollars ($400,000), with interest at the maximum statutory rate (12% per annum as of the date of this Agreement) (unless otherwise waived by the Renton City Council), upon receipt of repayment request by the City of Renton. The repayment of the Four Hundred Thousand Dollars ($400,000) with interest shall not excuse or cure any default by RHA under the Agreement. This paragraph shall survive the expiration or termination of the Agreement. 5) Records Project Files RHA shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Scope of Work. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City of Renton for this project. 6. Bills for payment. 7. Copies of approved invoices and warrants. AGENDA ITEM #7. d) Sunset Neighborhood Center RENDERINGS & PHOTOS 7/24/2020 AGENDA ITEM #7. d) Anticipated Opening: Fall 2020 AGENDA ITEM #7. d) AGENDA ITEM #7. d) AGENDA ITEM #7. d) Exam Rooms Classroom Offices and Meeting Rooms Multipurpose Room oHealthpoint oSt. Vincent de Paul/Centro Rendu oValley Cities oNeighborhood House AGENDA ITEM #7. d) AGENDA ITEM #7. d) DEMOLITION & RENOVATIONPHOTOS AGENDA ITEM #7. d) AGENDA ITEM #7. d) Anticipated Opening: Fall 2020 AGENDA ITEM #7. d) AB - 2679 City Council Regular Meeting - 03 Aug 2020 SUBJECT/TITLE: Acceptance of Public Assistance Grant Agreement for reimbursement, January-February 2020 Presidential Disaster Declaration #FEMA-4539- DR-WA RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Executive Department STAFF CONTACT: Mindi Mattson, Emergency Management EXT.: 7727 FISCAL IMPACT SUMMARY: The City of Renton experienced an estimated $8,000,000 in damages to multiple city-owned assets during a presidentially declared flooding disaster in February of 2020. The majority of these damages are eligible for reimbursement from FEMA and/or the State of Washington. SUMMARY OF ACTION: The city has qualified for a Washington State Public Assistance Grant to receive 75% or more of eligible non - insurance covered damages sustained by the city during the storm period of January 20 to February 10, 2020. Federal funding is provided by FEMA and will be administered by Washington State Military Department Emergency Management Division. The Preliminary Damage Assessment estimated eligible expenses are approximately $8,000,000. EXHIBITS: A. D20-2010 Public Assistance Grant Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Washington State Military Department Public Assistance Grant Agreement D20-2010. AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 1 of 21 City of Renton, D20-2010 Washington State Military Department PUBLIC ASSISTANCE GRANT AGREEMENT FACE SHEET 1.SUBRECIPIENT Name and Address: City of Renton 1055 S. Grady Way Renton, WA 98057 2.Grant Agreement Amount: To be determined, based upon approved project worksheets 3.Grant Number: D20-2010 4.SUBRECIPIENT, phone/email: 425-757-6021/mmattson@rentonwa.gov 5.Grant Agreement Start Date: January 20, 2020 6.Grant Agreement End Date: April 23, 2024 7.DEPARTMENT Program Manager, phone/email: Gerard Urbas, (253) 512-7402 Gary.urbas@mil.wa.gov 8.Data Universal Numbering System (DUNS): 92278894 9.UBI # (state revenue): 10. Funding Authority: Washington State Military Department (the “DEPARTMENT”), and Federal Emergency Management Agency (FEMA) 11. Funding Source Agreement #: FEMA-4539-DR-WA 12.Program Index # 704VC (Federal) / 702VE (State) / 704VD (Admin) 13.Catalog of Federal Domestic Asst. (CFDA) # & Title: 97.036, Public Assistance 14.Federal EIN #: 15. Total Federal Award Amount: N/A 16. Federal Award Date: N/A 17. Service Districts: (BY LEGISLATIVE DISTRICT): 11th, 33rd, 37th, 41st (BY CONGRESSIONAL DISTRICT): 8th and 9th 18. Service Area by County(ies): King County 19. Women/Minority-Owned, State Certified?: X N/A  NO  YES, OMWBE #_________ 20. Contract Classification:  Personal Services  Client Services X Public/Local Gov’t  Research/Development  A/E  Other________ 21. Contract Type (check all that apply):  Contract X Grant X Agreement  Intergovernmental (RCW 39.34)  Interagency 22. Contractor Selection Process: X “To all who apply & qualify”  Competitive Bidding  Sole Source  A/E RCW  N/A  Filed w/OFM?  Advertised?  YES NO _______ 23. Contractor Type (check all that apply)  Private Organization/Individual  For-Profit X Public Organization/Jurisdiction X Non-Profit  VENDOR  SUBRECIPIENT X OTHER 24. BRIEF DESCRIPTION: Presidential Disaster Declaration # FEMA-4539-DR-WA Severe Storms, Flooding, Mudslides, Landslides. To provide funds to the SUBRECIPIENT for the repair or restoration of damaged public facilities as approved by FEMA in project worksheets describing eligible scopes of work and associated funding. The DEPARTMENT is the Recipient and Pass-through Entity of the Presidential Disaster Declaration # FEMA-4539-DR-WA Severe Storms, Flooding, Mudslides, Landslides, and FEMA State Agreement, which are incorporated by reference, and makes a subaward of Federal award funds to the SUBRECIPIENT pursuant to this Agreement. The SUBRECIPIENT is accountable to the DEPARTMENT for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the DEPARTMENT and SUBRECIPIENT acknowledge and accept the terms of this Agreement, references and attachments hereto and have executed this Agreement as of the date and year written below. This Agreement Face Sheet, Special Terms and Conditions (Attachment 1), General Terms and Conditions (Attachment 2), Project Worksheet Sample (Attachment 3), Washington State Public Assistance Applicant Manual dated April 23, 2020 (Attachment 4), and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1.Applicable Federal and State Statutes and Regulations 5. Special Terms and Conditions 2.DHS Standard Terms and Conditions 6.General Terms and Conditions, and, 3.Presidential Declaration, FEMA State Agreement,7.Other provisions of the contract incorporated by reference. and other Documents 4.Statement of Work and/or Project Description as outlined in FEMA approved Project Worksheet(s) WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: __________________________________________ Signature Date Stacey McClain, Governor’s Authorized Representative Washington State Military Department FOR THE SUBRECIPIENT: __________________________________________ Signature Date print or type name:__Armondo Pavone_________ APPROVED AS TO FORM: ________________________________________ SUBRECIPIENT’s Attorney Date Form 5/12/2020 177-000-094 AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 2 of 21 City of Renton, D20-2010 Attachment 1 Washington State Military Department SPECIAL TERMS AND CONDITIONS ARTICLE I – KEY PERSONNEL The individuals listed below shall be considered key personnel and point of contact. Any substitution by either party must be submitted in writing. SUBRECIPIENT MILITARY DEPARTMENT Name Name Gerard Urbas Title Title Deputy State Coordinating Officer Public Assistance E-Mail E-Mail gary.urbas@mil.wa.gov Phone Phone (253) 512-7402 ARTICLE II - ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by FEMA applicable to the Presidential Declaration including, but not limited to, all criteria, restrictions, and requirements of the “FEMA State Agreement” published by FEMA and the federal regulations commonly applicable to FEMA grants, all of which are incorporated herein by reference. The Presidential Declaration and the FEMA State Agreement are incorporated in this Agreement by reference. The SUBRECIPIENT shall comply with the Washington State Public Assistance Applicant Manual dated April 23, 2020 incorporated in this Agreement as Attachment 4. The DHS Standard Terms and Conditions are incorporated by reference in this Agreement in Appendix F of the Washington State Public Assistance Applicant Manual dated April 23, 2020. The SUBRECIPIENT acknowledges that since this Agreement involves federal award funding, the period of performance described herein may begin prior to the availability of appropriated federal funds. The SUBRECIPIENT agrees that it will not hold the DEPARTMENT, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. Federal funding is provided by FEMA and is administered by the DEPARTMENT. Under the authority of Presidential Disaster Declaration number FEMA-4539-DR-WA, the DEPARTMENT is reimbursing the SUBRECIPIENT for those approved eligible costs and activities necessary under the Public Assistance Grant Program during the incident period beginning January 20, 2020 to February 10, 2020. Eligible costs and activities will be identified in Project Worksheets approved by FEMA and a Project Worksheet Sample is incorporated as Attachment 3. The DEPARTMENT is also providing Advance Payments to the SUBRECIPIENT where provided by FEMA and required and allowed by law. Any interest earned on advance payments (except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self-Determination Act (23 U.S.C. 450)) shall be promptly, but at least quarterly, remitted to the DEPARTMENT to be paid to FEMA. The SUBRECIPIENT may keep interest amounts up to $100 per year for administrative expenses. A. STATE AND FEDERAL REQUIREMENTS FOR PUBLIC ASSISTANCE GRANTS: The following requirements apply to all DHS/FEMA Presidential Disasters administered by the DEPARTMENT. 1.FUNDING The DEPARTMENT will administer the Public Assistance (PA) Grant Program, provide Advance payments, and reimburse approved eligible Public Assistance costs to the SUBRECIPIENT that are identified under the auspices of Presidential Disaster Declaration Number FEMA-4539-DR-WA and authorized by and consistent with the Stafford Act (P.L. 93-288, as amended) and applicable regulations. Mindi Mattson Emergency Management Coordinator mmattson@rentonwa.gov 425-757-6021 AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 3 of 21 City of Renton, D20-2010 It is understood that no final dollar figure is committed to at the time that t his Agreement is executed, but that financial commitments will be made by amendments to the project application as Project Worksheets are completed in the field and projects are authorized by state and federal officials. Pursuant to the FEMA-STATE AGREEMENT, FEMA will contribute not less than seventy-five (75) percent of the eligible costs for any eligible project and one hundred (100) percent of the federal PA Management Costs, up to five (5) percent of the total award amount for each Subrecipient, as provided for in subsection 3.E. of Article II of this Public Assistance Agreement. The SUBRECIPIENT commits to providing the remaining twenty-five (25) percent non-federal match to any eligible project that has been identified under the Presidential Disaster Declaration number FEMA-4539-DR-WA, subject to the following exceptions: DEPARTMENT Match: The Washington State Legislature may authorize the DEPARTMENT to provide a match to the SUBRECIPIENT’s non-federal share of eligible projects. Provision of a match by the DEPARTMENT, if authorized by the Washington State Legislature, shall not require amendment of this Agreement. If DEPARTMENT match funds are committed to the non-federal share by the DEPARTMENT pursuant to legislative authorization, the DEPARTMENT will formally notify the SUBRECIPIENT of the match in writing which will include information identifying any related reduction in the SUBRECIPIENT’s percentage commitment. Donated Resources: FEMA will credit the SUBRECIPIENT for the value of donated resources (non-cash contributions of property or services) related to eligible Emergency Work to offset the non-Federal cost share of its eligible Emergency Work project worksheets – categories A and B, and for the value of donated resources related to eligible work on a Permanent Work project to offset the non-Federal cost share of that specific Permanent Work project worksheet for which the resources were donated – categories C through G. The Donated Resources are recognized by FEMA in a Project Worksheet. Donated Resources offset the non- federal share of the eligible emergency work approved in Project Worksheets or specific permanent work approved in Project Worksheets. For non-state agency SUBRECIPIENTS, the donated resource value will first be applied to the SUBRECIPIENT’s non-federal share, and, if a DEPARTMENT match is authorized, any remaining donated resource value will be applied to the DEPARTMENT’s share. The value of the Donated Resources is calculated as described in FP 104-009-2 Public Assistance Program and Policy Guide (PAPPG) and the Public Assistance Donated Resources Recovery Policy, and is capped at the non-Federal share of approved eligible emergency work costs or capped at the non-Federal share of the specific approved eligible permanent work costs, as applicable. The Federal share of the Donated Resources will not exceed the non- federal share of eligible emergency work costs or of specific permanent work costs approved in Project Worksheets. Any excess credit for eligible emergency work costs can be credited only to other eligible emergency work costs, for the same SUBRECIPIENT in the same disaster. The value of excess donated resources cannot be credited toward or transferred to another eligible SUBRECIPIENT, or toward other State obligations. The DEPARTMENT does not match a FEMA donated resource credit. The Project Worksheet, sample provided in Attachment 3, is required to be completed by FEMA or State Project Specialists. 2.GRANT AGREEMENT PERIOD a.Activities payable under this Agreement and to be performed by the SUBRECIPIENT under this Agreement shall be those activities which occurred during or subsequent to the incident period defined in the FEMA State Agreement, and shall terminate upon completion of the project(s) approved by federal and state officials, including completion of close-out and audit. This period shall be referred to as the “Grant Agreement Period.” b.The Grant Agreement Period shall only be extended by (1) written notification of FEMA approval of the Grant Agreement Period followed up with a mutually agreed written amendment, or (2) written notification from the DEPARTMENT to the SUBRECIPIENT issued by the DEPARTMENT to address extensions of its underlying federal grant performance period or to provide additional time for completion of the SUBRECIPIENT’s project(s). 3.PAYMENTS The DEPARTMENT, using funds granted for the purposes of the Presidential Disaster Declaration from FEMA, shall issue payments to the SUBRECIPIENT in compliance with the Washington State Public Assistance Applicant Manual dated April 23, 2020 (Attachment 4) procedures as follows: AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 4 of 21 City of Renton, D20-2010 a.Small Project Payments: Payments are made for all small projects to the SUBRECIPIENT upon submission and approval of an A19-1A State of Washington Invoice Voucher to the DEPARTMENT, after FEMA has approved funding through approval of Project Worksheets. b.Progress Payments: Progress payment of funds for costs already incurred on large projects minus ten (10) percent retainage may be made to the SUBRECIPIENT upon submission by the SUBRECIPIENT of an A19-1A State of Washington Invoice Voucher, a letter of request, and a spreadsheet identifying the claimed costs supporting the payment request and approval by the DEPARTMENT. c.Improved Projects: Payments on improved projects (capped project) will be pro-rated based upon the percentage of the project that is funded under this disaster grant to the overall project cost. This percentage will be identified when the first payment on the improved project is made. Progress payments will be made as outlined above in Section B. d.Final Payment: Final Payment on a large project will be made following submission by the SUBRECIPIENT of a certification of completion on the STATEMENT OF DOCUMENTATION / FINAL INSPECTION REPORT form upon completion of project(s), completion of all final inspections by the DEPARTMENT, and final approval by FEMA. Final payment on a large project will include any retainage withheld during progress payments. Final payments may also be conditional upon financial review, if determined necessary by the DEPARTMENT or FEMA. Adjustments to the final payment may be made following any audits conducted by the Washington State Auditor’s Office, the United States Inspector General or other federal or state agency. e.The SUBRECIPIENT is eligible to receive federal PA Management Costs up to five (5) percent of the total award amount for each Subrecipient at the time of its request. PA Management Costs includes any of the following when associated with the PA portion of a maj or disaster or emergency: Indirect costs, direct administrative costs, and other administrative expenses associated with a specific project. Documentation is required to substantiate the eligibility of management activities and associated costs in accordance with PA Management Costs Interim Policy – Standard Operating Procedures. f.All payment requests shall be made on an A19-1A form, State of Washington, Invoice Voucher. Payments will be made by electronic fund transfer to the SUBRECIPIENT’s account. g.Federal funding shall not exceed the total federal contribution eligible for Public Assistance costs under Presidential Disaster Declaration number FEMA-4539-DR-WA. h.For state agencies, the DEPARTMENT will, through interagency reimbursement procedures, transfer payment to the SUBRECIPIENT. Payment will be transferred by journal voucher to Agency No. _________, Accounting Fund No. _____________. i.Within the total Grant Agreement Amount, travel, sub-contracts, salaries, benefits, printing, equipment, and other goods and services will be reimbursed on an actual cost basis unless otherwise provided in this Agreement. j.For travel costs, SUBRECIPIENTs shall comply with 2 CFR 200.474 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at http://www.gsa.gov, and follow the most restrictive. k.If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by DEPARTMENT Key Personnel. l.Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the SUBRECIPIENT consistent with record retention requirements of this Agreement, and be made available upon request by the DEPARTMENT, and local, state, or federal auditors. m.All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the DEPARTMENT within forty-five (45) days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the DEPARTMENT. AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 5 of 21 City of Renton, D20-2010 n.No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the SUBRECIPIENT, its subrecipient or contractor, or any non-federal entity to which the SUBRECIPIENT makes a subaward, and is invoiced by the vendor. o.SUBRECIPIENTs shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The SUBRECIPIENT may be required to demonstrate and document that the reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. The DEPARTMENT shall provide Advance Payments as provided by FEMA and as required and authorized by law. 4.CLOSEOUT To initiate close-out, the SUBRECIPIENT is required to certify in writing, by Project Worksheet Number, date completed, and total amount expended on the project, completion of the small projects. To initiate close-out of the large projects, the SUBRECIPIENT shall submit certification of completion on a STATEMENT OF DOCUMENTATION/FINAL INSPECTION REPORT form to the DEPARTMENT. The DEPARTMENT will then complete a site inspection and a financial review of documentation to support the claimed costs. Certifications on small and large projects are due within sixty days followin g the completion of the project or receipt of the approved Project Worksheet, whichever date is later. If SUBRECIPIENT is claiming federal PA Management Costs: Indirect costs, direct administrative costs, and other administrative expenses associated with a specific project must be supported by documentation to substantiate the eligibility of management activities and associated costs that has been prepared and assembled in accordance with PA Management Costs Interim Policy – Standard Operating Procedures prior to close-out. After all of the projects have been certified as complete and approved for closure by FEMA, the DEPARTMENT will forward a final A19-1A State of Washington Invoice Voucher to the SUBRECIPIENT for release of the remaining funds due to the subrecipient for eligible costs, including any retainage previously withheld, and the allowance for federal indirect costs. 5.DOCUMENTATION / REPORTING REQUIREMENTS For all Advance Payment, the SUBRECIPIENT shall provide documentation and receipts for all costs related to the Advance Payment and provide such to the DEPARTMENT quarterly. The SUBRECIPIENT is required to retain all documentation which adequately identifies the source and application of Public Assistance funds, including the federal indirect cost reimbursement, for six years following the closure of this disaster grant. For all funds received, source documentation includes adequate accounting of actual costs and recoveries incurred. The SUBRECIPIENT shall also comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete the Audit Certification/FFATA Form, provided by the DEPARTMENT. This form is required to be completed once per calendar year, per SUBRECIPIENT, and not per agreement. The DEPARTMENT’s Contracts Office will request the SUBRECIPIENT submit an updated form at the beginning of each calendar year in which the SUBRECIPIENT has an active agreement. Quarterly Reports: The SUBRECIPIENT is required to submit to the DEPARTMENT a quarterly report indicating the status of all their large projects. The status shall identify the costs incurred to date, the percentage of work completed, the anticipated completion date of the project and whether cost under runs or over runs are expected. In addition, the SUBRECIPIENT should note in the comment field any challenges or issues associated with the project. Failure to submit a complete quarterly report within fifteen (15) days following the end of the quarter will result in suspension of all payments to the SUBRECIPIENT until a complete quarterly report is received by the DEPARTMENT. The quarterly report will serve as the basis for any FEMA Office of Chief Financial Officer (OCFO) funds reduction. AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 6 of 21 City of Renton, D20-2010 6.TIME EXTENSIONS A time extension request is required to be forwarded to the DEPARTMENT by the SUBRECIPIENT for a project prior to the expiration of the approved completion date. If the project is approved and funded after the statutory approval time period for completion, then a time extension request must be submitted to the DEPARTMENT within fifteen days of receipt of the funding package. In accordance with 44CFR206.204, the DEPARTMENT reserves the right, in its sole discretion, to consider and approve a time extension request after expiration of the approved completion date and within the DEPARTMENT’s statutory extension authority. Requests for time extensions beyond the DEPARTMENT’s authority will be considered and approved by FEMA, at their sole discretion. All determinations made regarding time extension requests will be based on a case by case evaluation of specific factual circumstances. A time extension request must be in writing and identify the Project Worksheet number, the reason the project has not been completed within the prior approved completion period, the reason the time extension request was not submitted prior to the statutory approval time period (if applicable), a current status of the completion of the work, a detailed timeline for completion of the remaining elements, and an anticipated completion date for the completion of the remaining work. Failure to submit a time extension request in a timely manner may result in denial of the time extension request, and loss of funding for the related project. 7.PROCUREMENT The SUBRECIPIENT shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Exhibit A.11. 8.SUBRECIPIENT MONITORING: a.The DEPARTMENT will monitor the activities of the SUBRECIPIENT from award to closeout. The goal of the DEPARTMENT’s monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b.To document compliance with 2 CFR Part 200 Subpart F requirements, the SUBRECIPIENT shall complete and return to the DEPARTMENT 2 CFR Part 200 Subpart F Audit Certification Form” located at http://mil.wa.gov/emergency-management-division/grants/requiredgrantforms with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. c.Monitoring activities may include, but are not limited to: i.review of financial and performance reports; ii.monitoring and documenting the completion of Agreement deliverables; iii.documentation of phone calls, meetings, e-mails, and correspondence; iv.review of reimbursement requests and supporting documentation to ensure eligibility and consistency with Agreement work plan, budget, and federal requirements; v.observation and documentation of Agreement related activities; vi.on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d.The SUBRECIPIENT is required to meet or exceed the monitoring activities, as outlined above and in 2 CFR Part 200 Subpart F, for any non-federal entity to which the SUBRECIPIENT makes a subaward as a pass-through entity under this Agreement. e.Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. If the SUBRECIPIENT fails to comply with federal or state statutes or regulations, or the terms and conditions of this Agreement, the DEPARTMENT may impose any additional subaward conditions as described in 2 CFR 200.207. If the AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 7 of 21 City of Renton, D20-2010 DEPARTMENT determines that noncompliance cannot be remedied by imposing additional conditions, it may take one or more of the following actions: i. Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT. ii. Wholly or partially suspend or terminate the subaward to the SUBRECIPIENT. iii. Initiate suspension or debarment proceedings under 2 CFR 180 or recommend such a proceeding be initiated by the federal awarding agency. iv. Withhold further federal awards for the project or program. v. Take any other remedies that may be legally available. f. The DEPARTMENT agrees to: i. Provide technical assistance during all monitoring or evaluation activities. The DEPARTMENT will coordinate and schedule the meetings necessary to conduct and complete all monitoring and evaluation activities. ii. Develop the SUBRECIPIENT’s project worksheet(s) (PW) and supporting attachments with FEMA and the SUBRECIPIENT’s assistance based upon the costs determined to be eligible. iii. Submit the SUBRECIPIENT’s funding package to FEMA. iv. Notify the SUBRECIPIENT when funding approval is received, issue payment per the process described above see Article II, A.4 – Payments, and provide the SUBRECIPIENT with a copy of the approved project worksheet. v. Work with the SUBRECIPIENT to resolve any issues identified during the monitoring process. vi. Review and respond appropriately to the SUBRECIPIENT’s requests for time extensions and changes. 9. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) All subrecipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-department-supported- organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. B. FEMA STATE AGREEMENT TERMS AND CONDITIONS As a subrecipient of FEMA funding, the SUBRECIPIENT shall comply with all applicable DHS/FEMA terms and conditions of the Presidential Declaration and the FEMA State Agreement, which are incorporated in and made a part of this Agreement in Appendix F of the Washington State Public Assistance Applicant Manual dated April 23, 2020 (Attachment 4). AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 8 of 21 City of Renton, D20-2010 Attachment 2 Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the following terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "DEPARTMENT” means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the DEPARTMENT, or any of the officers or other officials lawfully representing that DEPARTMENT. The DEPARTMENT is a recipient of a federal award directly from a federal awarding agency and is pass-through entity making a subaward to a subrecipient under this Agreement. b. "SUBRECIPIENT" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the DEPARTMENT. However, the definition of “subrecipient” is the same as in 2 CFR 200.93 for all other purposes. “Monitoring Activities” means all administrative, construction, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. c. “Project” means those actions funded through the Public Assistance Program and described in approved Project Worksheets. Projects may include one or more of the following: reimbursement of costs for emergency response, debris removal and/or repair or restoration of damaged public facilities. A project may be a small, large, improved, or alternate project. d. “Investment Justification” means grant application investment justification submitted by the SUBRECIPIENT describing the project for which federal funding is sought and provided under this Agreement. Such grant application investment justification is hereby incorporated into this Agreement by reference. A.2 ADVANCE PAYMENTS The DEPARTMENT shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement, except as required under 2 CFR 200.305 for federal grants. SUBRECIPIENT shall not invoice the DEPARTMENT in advance of delivery and invoicing of such goods or services, except as authorized under 2 CFR 200.305. Pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C §5121- 5207), Advance Payment process, FEMA will process a SUBRECIPIENT project worksheet which is provided to the state of Washington for direct disbursement to SUBRECIPIENT. Pursuant to these provisions and RCW 43.88.160(5), these grant funds are not subject to the advance payments prohibition and will be disbursed immediately to SUBRECIPIENT as grants authorized by law with subsequent authentication and certification of expenditures. A.3 AMENDMENTS AND MODIFICATIONS The SUBRECIPIENT or the DEPARTMENT may request, in writing, an amendment or modification of this Agreement. Modifications may be requested for Grant Agreement end date, budget or scope change. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the DEPARTMENT and the SUBRECIPIENT. No other understandings or agreements, written or oral, shall be binding on the parties. A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part 35. The SUBRECIPIENT must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 9 of 21 City of Renton, D20-2010 A.5 APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND BREACH The DEPARTMENT relies upon the SUBRECIPIENT's application in making its determinations as to eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. A.6 ASSURANCES DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. In addition, as a SUBRECIPIENT of FEMA funding, the SUBRECIPEINT shall comply with all applicable DHS terms and conditions as specified in Appendix F of the Washington State Public Assistance Applicant Manual dated March 22, 2020 incorporated in this Agreement as Attachment 4. A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the SUBRECIPIENT certifies that the SUBRECIPIENT is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The SUBRECIPIENT shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency- management-division/requiredgrantforms. Any such form completed by the SUBRECIPIENT for this Agreement shall be incorporated into this Agreement by reference. Further, the SUBRECIPIENT agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The SUBRECIPIENT certifies that it will ensure that potential sub-contractors or sub-recipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered transactions” by any federal department or agency. “Covered transactions” include procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards to sub-recipients for any amount. With respect to covered transactions, the SUBRECIPIENT may comply with this provision by obtaining a certification statement from the potential sub-contractor or sub- recipient or by checking the System for Award Management (http://www.sam.gov) maintained by the federal government. The SUBRECIPIENT also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries’ “Debarred Contractor List” (http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors/). A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the SUBRECIPIENT hereby certifies that to the best of their knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the SUBRECIPIENT to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the SUBRECIPIENT will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as applicable, the SUBRECIPIENT will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 10 of 21 City of Renton, D20-2010 A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The SUBRECIPIENT and all its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, as supplemented by Department of Labor regulations (41 CFR chapter 60); Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3); Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5); Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR part 15); Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5); Energy Policy and Conservation Act (PL 94-163, 89 Stat. 871, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Title 44 of the Federal Regulations, 2 CFR Part 3002, Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. In the event of the SUBRECIPIENT’s or its contractor’s noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The SUBRECIPIENT is responsible for all costs or liability arising from its failure to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.10 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUBRECIPIENT or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such the SUBRECIPIENT who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The SUBRECIPIENT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. A.11 CONTRACTING & PROCUREMENT a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award of any contracts with contractors or sub-contractors that are entered into under the original contract award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200.326 Contract Provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 11 of 21 City of Renton, D20-2010 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The procurement process followed shall be in accordance with 2 CFR Parts 200 and 3002, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the SUB- GRANTEE. All subcontracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 12 of 21 City of Renton, D20-2010 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of Federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the DEPARTMENT, the SUBRECIPIENT, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any b ooks, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the SUBRECIPIENT has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 “Strengthening Buy-American Preferences for Infrastructure Projects,” the DEPARTMENT encourages SUBRECIPIENTS to use, to the greatest extent practicable and consistent with the law, iron and aluminum as well as steel, cement and other manufactured products produced in the United States, in Public Assistance and Hazard Mitigation Grant Program eligible public infrastructure repair and construction projects affecting surface transportation, ports, water resources including sewer and drinking water and power. Such preference must be consistent with the law, including cost and contracting requirements of 2 CFR Part 200. AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 13 of 21 City of Renton, D20-2010 b. The DEPARTMENT reserves the right to review the SUBRECIPIENT procurement plans and documents and require the SUBRECIPIENT to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 2 CFR 200.326. The SUBRECIPIENT must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the SUBRECIPIENT and DEPARTMENT to make a determination on eligibility of project costs. c. All sub-contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.12 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the SUBRECIPIENT's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the DEPARTMENT or as required to comply with the state Public Records Act, other law or court order. A.13 DISPUTES Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the SUBRECIPIENT and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share equally the cost of the third panel member. A.14 DUPLICATION OF BENEFITS The SUBRECIPIENT agrees that the funds for which federal or state assistance is requested does not, or will not, duplicate benefits or funds received for the same loss from any other source. The SUBRECIPIENT will pursue, and require sub-recipients to pursue, full payment of eligible insurance benefits for properties or any other losses covered in a project under this Agreement. The SUBRECIPIENT will repay the DEPARTMENT any funds provided under this grant agreement that are duplicated by other benefits, funds, or insurance proceeds. The SUBRECIPIENT will also seek recovery against any party or parties whose negligence or other intentional or tortious conduct may have caused or contributed to the expenditures for which these grants funds are provided. The SUBRECIPIENT will repay the DEPARTMENT any funds recovered by settlement, judgment, or other court order in an action to recover funds provided by this grant. The SUBRECIPIENT shall notify the DEPARTMENT as early as possible and work in conjunction with the DEPARTMENT and FEMA to ensure appropriate apportionment of any duplicated or recovered payment. A.15 HAZARDOUS SUBSTANCES The SUBRECIPIENT shall inspect and investigate the proposed development/construction site for the presence of hazardous substances. The SUBRECIPIENT shall fully disclose to the DEPARTMENT the results of its inspection and investigation and all other knowledge the SUBRECIPIENT has as to the presence of any hazardous substances at the proposed development/construction project site. The SUBRECIPIENT will be responsible for any associated clean-up costs. "Hazardous Substance" is defined in RCW 70.105D.020 (10). A.16 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the SUBRECIPIENT, its successors or assigns, will protect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the SUBRECIPIENT, its sub-contractors, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 14 of 21 City of Renton, D20-2010 To the extent allowed by law, the SUBRECIPIENT further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUBRECIPIENT, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the SUBRECIPIENT, or SUBRECIPIENT's agents or employees. Insofar as the funding source, the DEPARTMENT of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the federal government, the following shall apply: 44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.17 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the DEPARTMENT’s Authorized Signature and the Authorized Signature of the assigned SUBRECIPIENT Agent or Alternate for the SUBRECIPIENT Agent, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the SUBRECIPIENT shall have authority to sign reimbursement requests, certification of project completion, time extension requests, amendment and modification requests, requests for changes to project status, and other requests, certifications and documents authorized by or required under this Agreement. A.18 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate or suspend all or part of the Agreement as a “Termination for Cause” without providing the SUBRECIPIENT an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply with new funding limitations and conditions, although the DEPARTMENT has no obligation to do so. A.19 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred, or assigned by the SUBRECIPIENT. A.20 NONDISCRIMINATION The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A.21 NOTICES The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance. A.22 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHA/WISHA) The SUBRECIPIENT represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the SUBRECIPIENT's performance under this Agreement. To the extent allowed by law, the SUBRECIPIENT further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 15 of 21 City of Renton, D20-2010 damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so comply. A.23 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the SUBRECIPIENT. The SUBRECIPIENT shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the State of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.24 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.25 PRIVACY Personal information collected, used, or acquired in connection with this agreement shall be used solely for the purposes of this agreement. SUBRECIPIENT and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the DEPARTMENT or as provided by law or court order. SUBRECIPIENT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to personal information. The DEPARTMENT reserves the right to monitor, audit, or investigate the use of personal information collected, used, or acquired by the SUBRECIPIENT through this contract. The monitoring, auditing, or investigating may include but is not limited to “salting” by the DEPARTMENT. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The SUBRECIPIENT agrees to indemnify and hold harmless the DEPARTMENT for any damages related to the SUBRECIPIENT’s unauthorized use, loss or disclosure of personal information. For purposes of this provision, personal information includes, but is not limited to, information identifiable to an individual that relates to a natural person’s health, finances, education, business, use or receipt of governmental services, or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers. A.26 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided; however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.27 PUBLICITY The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and publicity matters relating to this Agreement wherein the DEPARTMENT’s name is mentioned or language used from which the connection of the DEPARTMENT’s name may, in the DEPARTMENT’s judgment, be inferred or implied. The SUBRECIPIENT agrees not to publish or use such advertising and publicity matters without the prior written consent of the DEPARTMENT. The SUBRECIPIENT may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. The SUBRECIPIENT shall include language which acknowledges the funding contribution of the DEPARTMENT and FEMA to this project in any release or other publication developed or modified for, or referring to, the project. AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 16 of 21 City of Renton, D20-2010 Publication resulting from work performed under this Agreement shall include an acknowledgement of the DEPARTMENT and FEMA’s financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA’s views. A.28 RECAPTURE PROVISION In the event the SUBRECIPIENT fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the SUBRECIPIENT of funds under this recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs and expenses thereof, including attorney fees. A.29 RECORDS AND REPORTS a. The SUBRECIPIENT agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the SUBRECIPIENT's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the “records”). b. The SUBRECIPIENT's records related to this Agreement and the projects funded may be inspected and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the SUBRECIPIENT with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the SUBRECIPIENT for such inspection and audit, together with suitable space for such purpose, at any and all times during the SUBRECIPIENT's normal working day. d. The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) year must be followed. A.30 RECOVERY OF FUNDS Any person who intentionally causes a condition for which funds are provided under this Agreement shall be liable for the costs incurred by the state and federal governments in responding to such disaster. In addition to its own duty to recover duplicated funds or funds expended due to the intentional or negligent actions of others. SUBRECIPIENT will cooperate in a reasonable manner with the DEPARTMENT and the United States in efforts to recover expenditures under this Grant Agreement. A.31 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project/statement of work/work plan (project) by providing grant funds pursuant to this Agreement, the project itself remains the sole responsibility of the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility to the SUBRECIPIENT, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the SUBRECIPIENT, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the SUBRECIPIENT shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including but not limited to FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws and executive orders. The SUBRECIPIENT shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the SUBRECIPIENT in connection with the project. The SUBRECIPIENT shall not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 17 of 21 City of Renton, D20-2010 agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.32 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.33 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) Non-federal entities as subrecipients that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity” means a State, local government, Indian Tribe, institution of higher education, or non-profit organization that carries out a federal award as a recipient or subrecipient. SUBRECIPIENTs that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The SUBRECIPIENT has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F. The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or contractors also maintain auditable records. The SUBRECIPIENT is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The SUBRECIPIENT must respond to DEPARTMENT requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The DEPARTMENT reserves the right to recover from the SUBRECIPIENT all disallowed costs resulting from the audit. Once the single audit has been completed and includes any audit findings, the SUBRECIPIENT must send a full copy of the audit to the DEPARTMENT and its corrective action plan no later than nine (9) months after the end of the SUBRECIPIENT’s fiscal year(s) to: Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The SUBRECIPIENT shall include the above audit requirements in any subawards. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the SUBRECIPIENT’s failure to comply with said audit requirements may result in one or more of the following actions in the DEPARTMENT’s sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 18 of 21 City of Renton, D20-2010 A.34 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The SUBRECIPIENT, and/or employees or agents performing under this Agreement are not employees or agents of the DEPARTMENT in any manner whatsoever. The SUBRECIPIENT will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Agreement, nor will the SUBRECIPIENT make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the SUBRECIPIENT is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the State of Washington in their own right and not by reason of this Agreement. A.35 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the SUBRECIPIENT shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the SUBRECIPIENT or its staff required by statute or regulation that are applicable to Agreement performance. A.36 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the SUBRECIPIENT may terminate this Agreement by providing written notice of such termination to the DEPARTMENTs Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the DEPARTMENT, in its sole discretion and in the best interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the SUBRECIPIENT. Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from incurring additional obligations of funds. In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.37 TERMINATION OR SUSPENSION FOR CAUSE In the event the DEPARMENT, in its sole discretion, determines the SUBRECIPIENT has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the DEPARTMENT has the right to immediately suspend or terminate this Agreement in whole or in part. The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action and provide a period of time in which to cure. The DEPARTMENT is not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT’s discretion. Any time allowed for cure shall not diminish or eliminate the SUBRECIPIENT’s liability for damages or otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the SUBRECIPIENT an opportunity to cure, the DEPARTMENT shall notify the SUBRECIPIENT in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the Agreement may be terminated in whole or in part. The DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUBRECIPIENT, if allowed, or pending a decision by the DEPARTMENT to terminate the Agreement in whole or in part. In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Agreement and the replacement or AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 19 of 21 City of Renton, D20-2010 cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the SUBRECIPIENT: (1) was not in default or material breach, or (2) failure to perform was outside of the SUBRECIPIENT’s control, fault or negligence, the termination shall be deemed to be a “Termination for Convenience”. A.38 TERMINATION PROCEDURES In addition to the procedures set forth below, if the DEPARTMENT terminates this Agreement, the SUBRECIPIENT shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the DEPARTMENT may require the SUBRECIPIENT to deliver to the DEPARTMENT any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the DEPARTMENT shall pay to the SUBRECIPIENT the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the DEPARTMENT prior to the effective date of Agreement termination, and the amount agreed upon by the SUBRECIPIENT and the DEPARTMENT for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are accepted by the DEPARTMENT, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the SUBRECIPIENT for termination. The DEPARTMENT may withhold from any amounts due the SUBRECIPIENT such sum as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potential loss or liability. The rights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing, the SUBRECIPIENT shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or sub-contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the DEPARTMENT, all of the rights, title, and interest of the SUBRECIPIENT under the orders and sub-contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and sub- contracts, with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent directed by the DEPATMENT any property which, if the Agreement had been completed, would have been required to be furnished to the DEPARTMENT; f. Complete performance of such part of the work as shall not have been terminated by the DEPARTMENT in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the DEPARTMENT may require, for the protection and preservation of the property related to this Agreement which is in the possession of the SUBRECIPIENT and in which the DEPARTMENT has or may acquire an interest. A.39 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The SUBRECIPIENT shall comply with 2 CFR §200.321 and will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 20 of 21 City of Renton, D20-2010 possible and will take all necessary affirmative steps to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Agreement. The following steps are required by the subrecipient if any contracts with contractors or sub-contractors are entered into under the original contract award: a. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize the State of Washington MWBE goals, as identified in. WAC 326-30-041. A.40 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by the laws of the State of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The SUBRECIPIENT, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.41 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. AGENDA ITEM #7. e) Public Assistance Grant Agreement Page 21 of 21 City of Renton, D20-2010 Attachment 3 PROJECT WORKSHEET SAMPLE U.S. DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT WORKSHEET O.M.B. No. 1660-0017 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 90 minutes per response. Burden means the time, effort and financial resources expended by persons to generate, maintain, disclose, or to provide information to us. You may send comments regarding the accuracy of the burden estimate and or any aspect of the collection, including suggestions for reducing the burden to: Information Collections Management, U. S. Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (OMB Control Number 1660-0017). You are not required to respond to this collection of information unless a valid OMB number appears in the upper right corner of this form. NOTE: Do not send your completed form to this address. DISASTER PROJECT NO. PA ID NO. DATE CATEGORY F E M A - - F M D R - R DAMAGED FACILITY WORK COMPLETE AS OF: : % SUBRECIPIENT COUNTY LOCATION LATITUDE LONGITUDE DAMAGE DESCRIPTION AND DIMENSIONS SCOPE OF WORK Does the Scope of Work change the pre-disaster conditions at the site? Yes No Special Considerations issues included? Yes No Hazard Mitigation proposal included? Yes No Is there insurance coverage on this facility? Yes No PROJECT COST I T E M CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST / / / / / / / / / TOTAL COST PREPARED BY TITLE SIGNATURE SUBRECIPIENT REP. TITLE SIGNATURE FEMA Form 90-91, FEB 06 REPLACES ALL PREVIOUS EDITIONS. AGENDA ITEM #7. e) AB - 2681 City Council Regular Meeting - 03 Aug 2020 SUBJECT/TITLE: Authorization to Reclassify a 1.0 FTE Traffic Maintenance Worker II Position (Pay Grade a12) to a Senior Traffic Maintenance Worker (Pay Grade a15) RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Administration STAFF CONTACT: Martin Pastucha, Public Works Administrator EXT.: 7311 FISCAL IMPACT SUMMARY: Reclassifying an existing 1.0 FTE Traffic Maintenance Worker II position (Pay Grade a12) to a newly created Senior Traffic Maintenance Worker (Pay Grade a15) has a fiscal impact to the Transportation Maintenance Section of approximately $558 for 2020, $7,524 for 2021 and $8,233 for 2022. If the reclassification of this position is approved, staff will conduct an internal promotional recruitment. The budget impact for reclassifying this position will be absorbed by salary savings from position vacancies in 2020. In future years the savings will come from savings in purchase of materials and contract services. The Transportation Maintenance Section has sufficient funding to support the position reclassification in 2021 and future years. SUMMARY OF ACTION: In 2019 the city made a decision to convert from the process of installing raised markings (buttons) to designate lane lines to reflective paint striping on its roadways. This decision was based on the button failure rate becoming increasingly high as a re sult of rising traffic volumes, damage done through snow removal and other efforts responding to inclement weather, and the cost and amount of time staff was required to dedicate to replace and reinstall the buttons. In addition, the city currently has some areas in which it contracts with King County to install paint striping and markings on an annual basis. The average cost of this agreement is $50,000 per year. The existing truck specifically built for the button installation process and purchased in 2006 was scheduled to be replaced in 2019. This purchase was put on hold while staff researched reflective paint materials and compared costs of the button process versus installing reflective paint on city roadways. Following their research staff determined the conversion to reflective paint would add the following savings and benefits to the roadway marking process: 1. Savings of $50,000 per year since the city would no longer need to contract with King County to install reflective paint on small, less traveled roadways. 2. Savings on materials for the cost of buttons versus reflective paint (buttons are approximately 5 times more in cost than paint). 3. Improved safety to the traveling public. Reflective paint markings are much more visible on roadways and provide a safer environment. 4. Improved safety for installation crews. Applying paint rather than buttons is a much more safe operation for staff. 5. Improved efficiency as staff spends approximately 8 weeks to complete a citywide button replacement project, where painting roadway markings will take an estimated 2-3 weeks. AGENDA ITEM #7. f) Council approved the purchase of the paint truck on February 10, 2020. The vehicle has been ordered and delivery is anticipated this fall. It is required by law that the driver of this vehicle hol ds a Commercial Driver’s License (CDL), however the requirements of the existing Traffic Maintenance Worker II classification do not include possession of a CDL. The city currently employs 2.0 FTEs Traffic Maintenance Worker II positions. Since the paint truck driver is required to possess a CDL, rather than add another 1.0 FTE, it makes sense to reclassify one of the existing Traffic Maintenance Worker II positions to the Senior Traffic Maintenance Worker, which will require the CDL credential, as well as an International Municipal Signal Association (IMSA) Pavement Marking Level II certification. Staff worked with the Human Resources Risk Management Department to create the new position of Senior Traffic Maintenance Worker.Adjustments were made to some of the job duties specific to those needed for the paint truck operations, including the addition of the requirement of a Commercial Driver’s License professional certification. The Public Works Department is requesting to reclassify a 1.0 FTE Traffic Mainten ance Worker II (Pay Grade a12) to the newly created Senior Traffic Maintenance Worker (Pay Grade a15). Should Council agree to the reclassification, staff will work with AFSCME Union 2170 to review the job description and pay grade of the newly created position. Upon AFSCME concurrence staff intends to open an internal recruitment process. EXHIBITS EXHIBITS: A. Proposed Organizational Chart STAFF RECOMMENDATION: Authorize the reclassification of a 1.0 Traffic Maintenance Worker II (Pay Grade a12) to a 1.0 Senior Maintenance Worker (Pay Grade a15). Staff will continue to work through the recruitment process with the Human Resources Risk Management Department and consult with AFSCME Union 2170 on the job description and proposed pay grade. The fiscal impact of the reclassification in 2020 is approximately $558. AGENDA ITEM #7. f) PUBLIC WORKS DEPARTMENT PROPOSED TRANSPORTATION SYSTEMS DIVISION REORGANIZATION Transportation Systems Director Jim Seitz Transportation Operations Manager Chris Barnes Civil Engineer III Flora Lee Engineering Specialists III Blake Costa Ethan Belen Ronald Mar Transportation Maintenance Manager Eric Cutshall Secretary II (0.5 FTE) Marketa Trubac Signal/Electronic Systems Supervisor Greg Ryan Signal/Electronic System Technician III James Garfield Kevin Kennedy Signal/Electronic System Technician II Armondo Fuentes Brad Jones David Whitmarsh,Jr. Traffic Signage &Marking Supervisor Russ Evans Traffic Maintenance Worker II John Wade Cody Bartlett Traffic Maintenance Worker I Robert Raban Sophal Sim Transportation Design Manager Bob Hanson Administrative Secretary I Josef Harnden Principal Civil Engineer Derek Akesson Civil Engineer III Hebe Bernardo Michelle Faltaous Emily Logan Keith Woolley Transportation Planning Manager Vangie Garcia Transportation Planner John “Dan”Hasty Program Development Coordinator I Heather Gregersen Civil Engineer III (0.5 FTE) Bob Mahn Airport Manager Vacant. Assistant Airport Manager Jason Anderson Civil Engineer II Will Adams Administrative Secretary I Vacant Airport Operations & Maintenance Supervisor Scott Babcock Airport Operations Specialist Joseph Fioretti Airport Maintenance Worker Christopher Mesa Donald Kramer Business Coordinator Vacant Administrative Secretary I Kelsey Marshall Secretary II Alexandra Taylor Existing FTE Proposed Change (Reclassify FTE) Reclassify Traffic Maintenance Worker II to Senior Traffic Maintenance Worker Vacant AGENDA ITEM #7. f) AB - 2685 City Council Regular Meeting - 03 Aug 2020 SUBJECT/TITLE: Capital Improvements Agreement Between the King County Metro Transit Department and the City of Renton for the Safe Routes to Transit Program RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Vangie Garcia, Transportation Planning and Programming Manager EXT.: 7319 FISCAL IMPACT SUMMARY: King County will compensate the city for the design of agreed upo n capital projects that reduce barriers to transit service in order to support access to transit services and facilities in the city. The county’s contribution costs shall not exceed a maximum amount of $1,500,000 (the “reimbursement cap”). The county wi ll reimburse the city for actual, eligible costs incurred for work performed, prior to December 31, 2020. Any costs incurred after that date shall not be reimbursed. SUMMARY OF ACTION: King County Metro’s Safe Routes to Transit Program supports capital projects that improve safety, convenience and accessibility for people walking, bicycling and using assistive mobility devices (such as wheelchairs or walkers), to connect to transit services and facilities. Metro worked with the cities of Renton, Kent and Auburn to redesign transit service and to identify barriers to accessing transit service. The redesigned transit service will take effect in fall 2020. The projects listed in this agreement complement and support the redesigned transit service for 2020, future Rapid Ride I-Line starting in 2023, and progresses the projects listed in the Renton Transit Access Study that was a King County proviso in the 2019-2020 budget. This agreement sets forth the mutual rights, responsibilities and obligations of the city and the county for the design and construction of the capital improvements. When completed, all projects become the property of the city and will be responsible for ongoing mainte nance, repair and replacement of project improvements. Projects included in this agreement are listed in Exhibit A of the attached Capital Improvements Agreement. EXHIBITS: A. Capital Improvements Agreement B. Map of Proposed Improvement Locations STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Capital Improvements Agreement with the King County Metro Transit Department. AGENDA ITEM #7. g) _______________________________________________________________ 2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT Between King County and the City of Renton Page 1 of 12 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT between KING COUNTY, METRO TRANSIT DEPARTMENT and CITY OF RENTON THIS SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT (the "Agreement") is entered into by and between the City of Renton, a municipality of the State of Washington (the "City"), and King County, a political subdivision of the State of Washington, through its Metro Transit Department (the "County" or “Metro”), either of which entity may be referred to hereinafter as "Party" or collectively as the "Parties." WHEREAS, Metro’s adopted long-range transit plan, Metro Connects, envisions more people walking and bicycling to transit, and making significant investments toward that vision, including funding for sidewalks, bikeways and other treatments; and WHEREAS, the County has appropriated funds in Metro’s Safe Routes to Transit Program to support capital projects that improve safety, convenience and accessibility for people walking, bicycling and using assistive mobility devices (such as wheelchairs or walkers) to connect to transit services and facilities; and WHEREAS, capital improvement projects made under the Safe Routes to Transit Program may include sidewalks, bikeways, safe crossings, ADA ramps, traffic calming devices and treatments, lighting, traffic counters, and other improvements that will enhance safety, comfort and access to transit services and facilities; and WHEREAS, the County expects that such improvements developed under the Safe Routes to Transit Program will help reduce collision risks and injuries involving people walking and cycling, attract more transit riders, help more riders connect to transit without use of a personal car, thereby supporting County objectives for equity, managing demand for car parking at transit facilities, reducing local traffic congestion and emissions, and supporting health; and WHEREAS, the County intends to work with local jurisdictions to fund the design and construction of such capital projects as sidewalks, bikeways, safe crossings, ADA ramps, traffic calming devices and treatments, lighting, traffic counters, and other improvements that will enhance safety, comfort and access to transit services and facilities; and WHEREAS, Metro has worked with the cities of Renton, Kent and Auburn to redesign transit service in their cities and to identify barriers to accessing transit service; and WHEREAS, the redesigned transit service will take effect in fall 2020; and AGENDA ITEM #7. g) _______________________________________________________________ 2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT Between King County and the City of Renton Page 2 of 12 WHEREAS, the County and the City have mutual interest in reducing barriers to transit service in order to support access to transit services and facilities in the City; and WHEREAS, the Parties have identified capital improvement project(s) that will support and improve transit access in the City; NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to establish the terms and conditions under which the County, as part of its Safe Routes to Transit Program, will reimburse the City for a portion of the costs of the design and/or construction of certain transit access capital improvements consisting, in summary, crossing improvements and infrastructure upgrades (the "Project"), as more particularly described in the Scope of Work ("SOW") set forth at Exhibit A, which is attached hereto and incorporated herein by this reference. 2. DUTIES AND RESPONSIBILITIES OF THE CITY 2.1 The City shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to design, construct and inspect the transit access capital improvements provided for in the Project description set forth in Exhibit A. The Project objectives and timelines are provided for with particularity in Exhibit A. 2.2 It shall be the City’s responsibility to design and build the Project in compliance with applicable requirements of federal, state and local laws, rules and regulations, including, but not limited to, the Americans with Disabilities Act (“ADA”). The City shall also be responsible for obtaining any necessary permits; review and approval by federal, state or local regulatory agencies, if applicable; and for conducting any required environmental review. The City shall also be responsible for the administration and funding of any contracts it enters into for the performance of its responsibilities under this Agreement. 2.3 Upon completion, all Project improvements shall become the property of the City. The City shall be responsible for ongoing maintenance, repair and replacement of any Project improvements. 2.4 The City will provide the County with regular progress reports, at least quarterly, to identify work progress and other matters of significance in the performance of this Agreement. 2.5 The City shall submit design plans for the Project improvements to the County for its review and written approval prior to initiating construction. The County will have the opportunity to review and provide written comments on the plans to ensure consistency with any applicable requirements and the County’s expectations for the Project. Should the City desire to change the final Project design after the County’s initial review and approval of the initial design plans, whether based on additional engineering or traffic analysis, input from stakeholders, or other factors, the County’s Contract Manager, as provided for in Section 18 of this Agreement, shall be AGENDA ITEM #7. g) _______________________________________________________________ 2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT Between King County and the City of Renton Page 3 of 12 notified of such proposed changes. Any such changes that are deemed significant by the County shall require joint written approval consistent with Section 15 of this Agreement. 2.6 The City shall contribute all in-kind costs as stated in subsection 2.1 and all construction costs in support of the Project. 3. DUTIES AND RESPONSIBILITIES OF THE COUNTY 3.1 The County will reimburse the City for a portion of the actual, eligible costs incurred by the City to design and construct the transit access capital improvements as provided for in the SOW set forth at Exhibit A. Under no circumstances will the County’s contribution to the City’s eligible Project costs exceed a maximum amount of $1,500,000 (the “Reimbursement Cap”). 4. INVOICE AND PAYMENT PROCEDURES 4.1 The County will reimburse the City for actual, eligible costs incurred for work performed pursuant to this Agreement as identified in the SOW, provided that costs incurred after December 31, 2020 shall not be reimbursed. The City shall submit a completed invoice to the County detailing quarterly activities, outcomes, expenses and reimbursement amount due within thirty (30) days of each quarter's end. The County shall pay the City within thirty (30) calendar days after the County has received completed invoices. In no event shall the total reimbursement to City for work performed pursuant to this Agreement exceed the Reimbursement Cap provided for in Subsection 3.1 of this Agreement. 4.2 In the event that it is determined that an overpayment has been made to the City by the County, the County will bill the City for the amount of overpayment. The City shall pay the County within thirty (30) days of receipt of an invoice for overpayment. 5. EFFECTIVE DATE AND DURATION OF AGREEMENT This Agreement shall take effect upon the latest date on which both Parties have signed the Agreement (the “Effective Date”) and shall remain in effect until March 31, 2021, unless extended by written amendment of the Parties pursuant to Section 15 of this Agreement or earlier terminated pursuant to the provisions of Section 7 of this Agreement. 6. DISPUTE RESOLUTION PROCESS 6.1 Designated Dispute Resolution Representatives. The following individuals are the designated representatives for the purpose of resolving disputes that arise under this Agreement: For the County: Carol Cooper, Managing Director King County Metro Transit Market Innovation Section 201 South Jackson Street, MS KSC-TR-0411 Seattle, WA 98104 (206) 477-5871 carol.cooper@kingcounty.gov AGENDA ITEM #7. g) _______________________________________________________________ 2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT Between King County and the City of Renton Page 4 of 12 For the City: Jim Seitz, Transportation Systems Director City of Renton 1055 South Grady Way Renton, WA 98057 (425) 430-7245 jseitz@rentonwa.gov 6.2 The County representative and the City representative shall confer to resolve disputes that arise under this Agreement as requested by either Party. The designated representatives shall use their best efforts and exercise good faith to resolve such disputes. 6.3 In the event the designated representatives are unable to resolve the dispute, the City’s Mayor or her/his designee and the General Manager of the County's Metro Transit Department or her/his designee shall confer and exercise good faith to resolve the dispute. 6.4 In the event the Mayor and the General Manager of Metro Transit are unable to resolve the dispute, the Parties may, if mutually agreed in writing, submit the matter to non-binding mediation. The Parties shall then seek to mutually agree upon the mediation process, who shall serve as the mediator, and the time frame the Parties are willing to discuss the disputed issue(s). 6.5 If the Parties cannot mutually agree as to the appropriateness of mediation, the mediation process, who shall serve as mediator, or the mediation is not successful, then either Party may institute a legal action in the King County Superior Court, situated in Seattle, Washington, unless another venue is mutually agreed to in writing. 6.6 The Parties agree that they shall have no right to seek relief in a court of law until and unless each of the above procedural steps has been exhausted. 7. TERMINATION 7.1 Termination for Convenience. The County may terminate this Agreement for its convenience and without cause upon thirty (30) days written notice to the City. In the event of termination of this Agreement by the County pursuant to this Subsection 7.1, the County shall be liable only for costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 7.2 Termination for Cause. Either Party may terminate this Agreement in the event that the other Party materially breaches this Agreement and such breach is not cured in the time provided in this Subsection 7.2. Written notice of intended termination and a description of the breach must be provided via certified mail by the Party terminating this Agreement to the other Party not less than thirty (30) calendar days prior to the intended effective date of termination. The breaching Party shall be given thirty (30) calendar days in which to cure its material breach to the reasonable satisfaction of the other Party. If the breaching Party fails to cure within thirty (30) calendar days, the Agreement shall terminate on the date specified in the notice. AGENDA ITEM #7. g) _______________________________________________________________ 2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT Between King County and the City of Renton Page 5 of 12 7.3 Termination for Non-Appropriation or Loss of Funding. In addition to termination for default, the County may terminate this Agreement for non-appropriation or loss of funding by giving not less than thirty (30) calendar days' written notice thereof to the City. 8. LEGAL RELATIONS 8.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entity. 8.2 No Partnership or Joint Venture. No joint venture, agent-principal relationship or partnership is formed as a result of this Agreement. 8.3 Independent Capacity. The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 8.4 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 8.5 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 8.6 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by, both Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party. 8.7 Survival. Each of the provisions of this Section 8 (Legal Relations) shall survive the expiration or earlier termination of this Agreement. 9. RECORDS RETENTION AND AUDIT 9.1 Maintenance of Records. During the term of the Agreement and for a period not less than six (6) years from the date of its expiration or earlier termination, the records and accounts pertaining to this Agreement are to be kept available by both Parties for inspection and audit by the other Party and the State Auditor, and copies of all records, accounts, documents, or other data pertaining to the Agreement will be furnished upon reasonable notice. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the six-year retention period. 9.2 Disclosure of Public Records. Both Parties acknowledge and agree that all non-privileged, non- exempt records that may be maintained pursuant to Subsection 9.1 of this Agreement are subject to public disclosure under the Washington State Public Records Act, Chapter 42.56 RCW. 10. FORCE MAJEURE AGENDA ITEM #7. g) _______________________________________________________________ 2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT Between King County and the City of Renton Page 6 of 12 Either Party to this Agreement shall be excused from performance of its responsibilities and obligations under this Agreement, and shall not be liable for damages due to failure to perform, during the time and to the extent that it is prevented from performing by a cause directly or indirectly beyond its control, including, but not limited to: late delivery or nonperformance by vendors of materials or supplies; any incidence of fire, flood, snow, earthquake, or acts of nature; strikes or labor actions; accidents, riots, insurrection, terrorism, or acts of war; order of any court or civil authority; commandeering material, products, or facilities by the federal, state or local government; or national fuel shortage; when satisfactory evidence of such cause is presented to the other Party to this Agreement, and provided that such non-performance is beyond the control and is not due to the fault or negligence of the Party not performing. 11. NONDISCRIMINATION The City agrees to comply with all applicable federal, state, and local laws, rules, and regulations pertaining to nondiscrimination and agrees to require the same of any and all subcontractors providing services or performing any work using funds provided under this Agreement. During the performance of this Agreement, neither the City nor any entity subcontracting under the authority of this Agreement, shall discriminate or tolerate harassment on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification, in the administration or delivery of services or any other benefits under this Agreement. King County Code Chapter 12.16 and 12.17 are incorporated herein by reference, and such requirements shall apply to this Agreement. 12. INDEMNIFICATION The City and its successors and assigns shall protect, save, defend, indemnify and hold harmless the County, its elected officials, officers, employees, and agents while acting within the scope of their employment as such, from any and all costs, claims, actions, judgments, and/or awards of damages or expenses of any nature whatsoever, arising out of or in any way resulting from the City’s acts or omissions under this Agreement. The City agrees that it is fully responsible for the acts and omissions of its contractors, subcontractors, consultants, and their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. The City agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the City’s immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the County only, and only to the extent necessary to provide the County, its elected officials, officers, employees, and agents with a full and complete indemnity of claims made by the City’s employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. The provisions of this Section 12 shall survive the expiration or earlier termination of this Agreement. 13. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this AGENDA ITEM #7. g) _______________________________________________________________ 2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT Between King County and the City of Renton Page 7 of 12 Agreement unless stated to be such in a writing signed by an authorized representative of the Party and attached to the original Agreement. 14. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 15. CHANGES AND MODIFICATIONS This Agreement may be changed, modified, or amended only by written agreement executed by authorized representatives of both Parties. 16. REPRESENTATION ON AUTHORITY OF SIGNATORIES The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. 17. ALL TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 18. CONTRACT MANAGEMENT All contact information for the management of this Agreement shall be identified herein and may be updated by either Party for their agency only and shall be submitted in writing or electronic mail to the other Party. Any update to the Contract Managers shall state the effective date of said update. Contract Manager for City of Renton King County Contact Name Vangie Garcia Malva Slachowitz Title Transportation Planning and Programming Manager Senior Transportation Planner Address 1066 South Grady Way Renton, WA 98057 201 South Jackson Street, KSC-TR- 0411, Seattle, WA 98104 Telephone 425-430-7319 206-477-5873 Email vgarcia@rentonwa.gov malva.slachowitz@kingcounty.gov 19. ASSIGNMENT Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior written consent of the other Party. AGENDA ITEM #7. g) _______________________________________________________________ 2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT Between King County and the City of Renton Page 8 of 12 20. EXECUTION OF AGREEMENT – COUNTERPARTS This Agreement may be executed in two (2) counterparts, either of which shall be regarded for all purposes as an original. IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized representatives on the dates shown below their respective signatures. KING COUNTY By: ________________________________ Rob Gannon, General Manager King County Metro Transit Department Date: ___________________________ CITY OF RENTON By: ________________________________ Armondo Pavone, Mayor City of Renton Date: ___________________________ Attest By: ________________________________ Jason A. Seth City Clerk Date: ___________________________ Approved as to form only: By: __ Shane Moloney City Attorney CLB 7-15-20 1176 AGENDA ITEM #7. g) _______________________________________________________________ 2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT Between King County and the City of Renton Page 9 of 12 EXHIBIT A STATEMENT OF WORK SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENT AGREEMENT 1. Purpose a. To design and construct projects that improve pedestrian and bicycle facilities and user experience to key transit routes and facilities in the City. 2. Scope of Services a. Project Management: The City will manage the project using professionals with capital project experience. Budget and schedule will be monitored regularly throughout design and construction. The City will provide the County with progress reports at least quarterly, per Subsection 2.4 of this Agreement. b. Design: The City will select a design consultant using an RFQ/RFP process to design the project and develop the bid documents, if applicable. The project will be permitted as a capital project, under the City’s SEPA Planned Action. The City will maintain the lead agency role for SEPA. c. The City shall submit design plans for the Project improvements to the County for its review and written approval prior to initiating construction, per Subsection 2.5 of this Agreement. d. Monitoring and Measurement Plan: The City will work with King County to develop a monitoring and measurement plan and collect “before project” information for each location. e. Construction: The City will monitor construction through completion. f. Inspection: Existing City staff or a consultant project manager will provide construction inspection services, possibly with third party support for specific specialties. g. Monitoring and Reporting: The City will monitor usage of the project facilities on an annual basis for four years following project completion. The City will submit quarterly progress reports while design work is conducted under this Agreement. Upon project completion, all improvements constructed under the Project will be subject to the City’s maintenance policies and procedures. 3. Projects included in this Agreement # Location Proposed Improvements Phase/Elements 1 S 43rd St/S Carr Road and Talbot Road S Leading Pedestrian Interval. Construction AGENDA ITEM #7. g) _______________________________________________________________ 2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT Between King County and the City of Renton Page 10 of 12 # Location Proposed Improvements Phase/Elements 2 Intersection of Houser Way S, Main Ave S, and S 3rd St Intersection Improvements extend ped islands with low-cost materials, trim landscaping, add APS push buttons, add detectable warning surface at all curb ramps. Design and materials 3 Intersections along Sunset Blvd: Edmonds Ave, mid- block near Grocery Outlet, Kirkland Ave Interim crossing improvements on Sunset Blvd with low-cost materials: Mid-block Crossing at Grocery Outlet and Bulb-Outs at Kirkland Ave Design and materials 4 Multimodal intersection of Houser Way and Mill Ave S, Cedar River Trail and Railroad crossing Crossing Improvements with low-cost materials: reconfigure NE corner bulb-out, expand existing SW ped island, create SW bulb-out for Renton Youth and Family Services corner; restriping / new crosswalks, add detectable warning surface at all curb ramps. Design and materials 5 S 43rd St and Northbound on/off ramps to SR 167 Curb bulb or neckdown, restripe crosswalk Design and materials 6 Shattuck Ave S from S 7th St. to Grady Way Intersection Improvements (rubber/plastic curb and post materials): corner bulb-outs for wider turning radii, trim landscaping, add APS push buttons, add detectable warning surface at all curb ramps. Design and materials 7 S 3rd Place, Rainier Ave S to Shattuck Ave S New/Improved Streetlighting on S 3rd Place, where needed Design and materials 8 E Valley Rd and S 180th St Intersection Improvements with low-cost materials: extend ped islands, trim landscaping, add APS push buttons, add detectable warning surface at all curb ramps. Design and materials 9 S 7th St from Shattuck Ave S to Talbot Rd S; Intersection of S 7th St and Talbot Rd S Crossing improvements at S 7th St and Talbot, APS at all needed corners Design and materials 10 S. Puget Dr and Royall Hills Dr SE/116th Mini-Roundabout/Intersection Modifications Design and materials 11 SE 168th St & 128th Ave SE Intersection Improvements with low-cost materials: curb bulb outs on west corners, add APS push buttons at all corners, upgraded curb ramps with add detectable warning surfaces. Design 12 NE 12th St between Edmonds and Monroe Low Cost Alternative Sidewalk on NE 12th St, between Edmonds and Monroe where needed. Install crosswalks and appropriate signage where necessary. Design AGENDA ITEM #7. g) _______________________________________________________________ 2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT Between King County and the City of Renton Page 11 of 12 # Location Proposed Improvements Phase/Elements 13 NE 12th St, east of Sunset. Low Cost Alternative Sidewalk on NE 12th St, east of Sunset Blvd where it can be safely installed. Install crosswalks and appropriate signage where necessary. Design 14 Bronson Way N, between Park Ave N and Garden Ave N, near Liberty Park Intersections improvements to facilitate better traffic operations to Park Ave N and safer crossings across Bronson Way N. Design 15 S 2nd St and Lake Ave S RRFB with ADA curb ramps (to prepare for upgrade to HAWK signal with future S 2nd St project) Design 16 SE Petrovitsky Dr/118 Ave SE HAWK Signal* with pedestrian refuge, and painted crosswalk at SE Petrovitsky Dr/118th Ave SE Design 17 SE Petrovitsky Dr/122 Pl SE HAWK Signal* with pedestrian refuge, and painted crosswalk at SE Petrovitsky Dr/122nd Pl SE Design 18 SR 900/Oakesdale Ave SW HAWK Signal* with pedestrian refuge, and painted crosswalk at SR 900/SW Sunset Blvd and Oakesdale Ave SW Design *HAWK signals are subject to warrants and justification before installation. 4. Schedule Costs incurred after December 31, 2020 shall not be eligible for reimbursement under this Agreement unless extended by written amendment of the Parties pursuant to Section 15 of this Agreement. The project milestones are estimated as follows: Milestone Month/Year Project completion for work under this Agreement Dec 2020 (required end of reimbursable work) Future phases beyond this Agreement to be completed with city-secured funds Construction anticipated, by year 2020: Project 1 2021: Projects 2-7 2022: Projects 8-11 2023: Projects 12-14 2024-25*: Projects 15-18 *HAWK signals are subject to warrants and justification before installation. AGENDA ITEM #7. g) _______________________________________________________________ 2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT Between King County and the City of Renton Page 12 of 12 5. Budget The reimbursement cap by the County for City expenses is shown below, with estimated distribution by phase/expense. Funds may be shifted by phase as agreed per Subsection 2.5 of this Agreement. Phase/Expense Total Material Costs Est $365,000 Design Est $1,135,000 Total reimbursement cap from King County Max $1,500,000 AGENDA ITEM #7. g) Renton Safe Routes to Transit 2020 Proposed Improvement Locations AGENDA ITEM #7. g) 1  CITY OF RENTON, WASHINGTON    RESOLUTION NO. ________     A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE 2021 –  2026 BUSINESS PLAN TO STRENGTHEN ITS STAND AGAINST RACISM AND IN  SUPPORT OF RACIAL EQUITY.      WHEREAS, since 2008 the City of Renton has been diligently working to practice  inclusion, eliminate inequity through internal practices, citywide initiatives and  partnerships with other institutions and the community; and  WHEREAS, on the 24th of April 2017, the City of Renton issued a proclamation to stand  against racism; and  WHEREAS, Renton residents value initiatives that will end race‐based disparities and  make Renton a more equitable, inclusive, and dignified place for all to live; and  WHEREAS, in order for the City of Renton to fully embrace the change needed to move  our community forward, it is necessary to recognize, and acknowledge our country’s history of  discrimination and racial injustice. The land currently known as Renton was the ancestral land of  the Duwamish People and other Coast Salish Nations until their forceful and violent relocation at  the hands of white colonizers who broke the Treaty of Point Elliott in 1855 and failed to provide  a reservation and other benefits in exchange for 54,000 acres of land.  It is important to  remember that the Duwamish are still here and continue to be stewards of this land; and WHEREAS,  Renton reaffirms its commitment, in collaboration with all residents, to  review our ordinances, pursue policies and take action to ensure civil and human rights to all  individuals and its commitment to eradicating the historical and current effects of institutional  AGENDA ITEM # 9. a) RESOLUTION NO. ________  2  racism inflicted on communities of Black, Indigenous, people of color, immigrants, and refugees;  and  WHEREAS,  Renton hereby rejects prejudice and bigotry based on race, religion, gender,  gender identity and expression, sexual orientation, or national origin, mental or physical  disability, and condemns the actions, speech, and attitudes of those who promote hate against  any race, ethnicity or other basis, in an effort to interfere with the unalienable rights of any  human being; and  WHEREAS, the term institutional racism describes societal patterns and structures that  impose oppressive or otherwise negative conditions on identifiable groups, on the basis of race  or ethnicity.  The term structural racism refers to the collective impact on whole communities as  a result of institutional racism across multiple organizations/institutions; and  WHEREAS, the City of Renton confirms its commitment to join the Government Alliance  for Racial Equity, a national network of government agencies to achieve racial equity and advance  opportunities for all; and  WHEREAS,  the City of Renton hereby declares Renton an anti‐racist city that strives to  use the Renton Equity Lens to eradicate racial economic inequities and institutional racism to  value all residents and be a welcoming place to all people; and   WHEREAS, the City of Renton commits to ongoing community forums throughout the city  to engage all communities; including those historically marginalized such as Black, Indigenous,  people of color, immigrants and refugees, to seek input to help direct the city’s Business Plan and  to provide feedback on the City’s implementation of the Business Plan; and  AGENDA ITEM # 9. a) RESOLUTION NO. ________  3  WHEREAS, the Council annually adopts a six‐year business plan and the City’s Business  Plan is the overarching document that guides all decisions, priorities and resources, to help us  reach our mission and strategic goals, as well as maintain the operational and financial objectives  of Renton; and  WHEREAS, the Council reviewed the 2020 – 2025 Business Plan at its annual retreat on  February 28, 2020, at its regular Committee of the Whole meeting on June 22, 2020, and at its  regular Council Meeting on July 13, 2020; and  WHEREAS, the Council desires to update the 2021 – 2026 Business Plan to strengthen its  stand against racism and in support of racial equity;  NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,  DO RESOLVE AS FOLLOWS:   SECTION I. The 2021 – 2026 Business Plan, a copy of which is attached hereto as Exhibit  A, is hereby adopted by the Council, subject to later amendment as the Council sees fit.  PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2020.           ______________________________  Jason A. Seth, City Clerk       APPROVED BY THE MAYOR this ______ day of _______________________, 2020.           ______________________________  Armondo Pavone, Mayor     AGENDA ITEM # 9. a) RESOLUTION NO. ________  4  Approved as to form:        ______________________________  Shane Moloney, City Attorney     RES:1852:7/29/2020    AGENDA ITEM # 9. a) CITY OF RENTONBusiness Plan 2021–2026 GOALS VISION Renton: The center of opportunity in the Puget Sound Region where families and businesses thrive MISSION The City of Renton, in partnership and communication with residents, businesses, and schools, is dedicated to: Provide a safe, healthy, vibrant community Promote economic vitality and strategically position Renton for the future Support planned growth and influence decisions to foster environmental sustainability Build an inclusive informed city with equitable outcomes for all in support of social, economical, and racial justice Meet service demands provide high quality customer service Provide a safe, healthy, vibrant community Promote safety, health, and security through effective communication and service delivery Facilitate successful neighborhoods through community involvement Encourage and partner in the development of quality housing choices for people of all ages and income levels Promote a walkable, pedestrian and bicycle- friendly city with complete streets, trails, and connections between neighborhoods and community focal points Provide opportunities for communities to be better prepared for emergencies Promote economic vitality and strategically position Renton for the future Promote Renton as the progressive, opportunity-rich city in the Puget Sound region Capitalize on opportunities through bold and creative economic development strategies Recruit and retain businesses to ensure a dynamic, diversified employment base Nurture entrepreneurship and foster successful partnerships with businesses and community leaders Leverage public/private resources to focus development on economic centers Support planned growth and influence decisions to foster environmental sustainability Foster development of vibrant, sustainable, attractive, mixed-use neighborhoods in urban centers Uphold a high standard of design and property maintenance Advocate Renton’s interests through state and federal lobbying efforts, regional partnerships and other organizations Pursue transportation and other regional improvements and services that improve quality of life Assume a crucial role in improving our community’s health and environmental resiliency for future generations Pursue initiatives to increase mobility, promote clean energy in our existing buildings and in new development, preserve and expand open spaces and tree coverage, and other efforts to reduce CO2 and greenhouse gas emissions Building an inclusive informed city with equitable outcomes for all in support of social, economic, and racial justice Achieve equitable outcomes by eliminating racial, economic and social barriers in internal practices, city programs, services, and policies such as hiring and contracting Improve access to city services, programs and employment, provide opportunities and eradicate disparities for residents, workers and businesses Promote understanding and appreciation of our diversity through celebrations, educational forums and festivals Seek out opportunities for ongoing two-way dialogue with ALL communities, engage those historically marginalized, and ensure that we lift every voice, listen and take action on what we learn Build capacity within the city to implement inclusion and equity by providing the knowledge, skills, awareness, and tools to integrate anti-racism approaches into daily work Meet service demands and provide high quality customer service Plan, develop, and maintain quality services, infrastructure, and amenities Prioritize services at levels that can be sustained by revenue Retain a skilled workforce by making Renton the municipal employer of choice Develop and maintain collaborative partnerships and investment strategies that improve services Respond to growing service demands through partnerships, innovation, and outcome management EXHIBIT A AGENDA ITEM # 9. a) ArmondoPavoneMayorJuly27,2020MayorArmondoPavone,CouncilPresidentRuthPerez,RentonCouncilmembers:WearelongstandingandsomeofusfoundingmembersoftheMayor’sInclusionTaskForce.Werepresentsomeofthekeystakeholdergroupsincludingminority,ethnic,peopleofcolorandhistoricallyunderservedcommunitiesofcolor.OurCharteristofurtherthegoalofInclusionintheRentonBusinessPlan,toshareinformationwidelywithinourrespectivecommunities,toelevateconcernsfromourcommunitiestotheCityandtoserveasaPolicyAdvisoryboardtotheCity.ThiseveningwereviewedtheproposedchangestotheResolutionAdoptingthe2021-2026BusinessPlantoStrengthenitsStandAgainstRacismandinSupportofRacialEquity,andtheproposedchangestothegoalofInclusioninthe2021-2026RentonBusinessPlan.Duringthereview,werecommendedacoupleofminorchangestobothdocumentsandthenunanimouslyvotedtoadviseCounciltoadoptbothdocuments.Ouroverallfeelingsabouttheproposeddocumentswasbestexpressedbyoneofourmembers:“Ithinkthelanguagelooksgoodtome.It’smuchstrongerandmoreexplicit.Ultimatelywhat’smoreimportantarefleshingoutthespecificactionsthatthisdocumentdrives.”Mayor’sTaskForceMembers:MoniqueTaylorSwanVioletAesquivelCalebMayberryDucIranJulioAmadorMenkaSoniOlegPyndaRollyPolintan.RentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM # 9. 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2019/2020 CITY OF RENTON FEE SCHEDULE. WHEREAS, on November 23, 2009, the Council adopted Ordinance No. 5509, which removed many fees from the Renton Municipal Code and consolidated them into the 2010 City of Renton Fee Schedule brochure ; and WHEREAS, the fee schedule has been amended several times since 2009; and WHEREAS, on November 19, 2018, the City Council passed Resolution No. 4361, adopting an amended fee schedule for 2019 and 2020; and WHEREAS, on April 22, 2019, the City Council passed Resolution No. 4381, amending the fee schedule for 2019 and 2020 as a part of the City’s 2019 Carry Forward and 1st Quarter budget amendment; and WHEREAS, on July 15, 2019, the City Council passed Resolution No. 4385, amending the fee schedule for 2019 and 2020 as a part of the City’s 2019 2 nd Quarter budget amendment; and WHEREAS, on November 18, 2019, the City Council passed Resolution No. 4392, amending the fee schedule as a part of the City’s 2019/2020 Mid-Biennial budget amendment; and WHEREAS, on May 4, 2020, the City Council passed Resolution No. 4407, amending the fee schedule for 2019 and 2020 as part of the City’s 2019 Carry Forward and 1st Quarter budget amendment; and AGENDA ITEM # 9. b) RESOLUTION NO. _______ 2 WHEREAS, it is necessary to amend the fee schedule as a part of the City’s 2020 2 nd Quarter budget amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The fee schedule is amended and replaced with the 2019-2020 City of Renton Fee Schedule brochure, which is attached hereto and adopted by this reference (“Fee Schedule”). An updated copy of the Fee Schedule shall at all times be filed with the City Clerk as required by Ordinance No. 5509. SECTION II. The amended Fee Schedule adopted by Section I of this resolution shall be effective upon passage and approval of this resolution, and thereafter act as the City of Renton's Fee Schedule for all fees or charges referenced therein. The Fee Schedule shall remain in effect until amended or otherwise replaced by the City Council. In the event the Fee Schedule is not amended prior to the year 2021, the fees specified for the year 2020 shall continue to apply into and beyond 2021 until amended by the City Council. PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2020. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _______________________, 2020. ______________________________ Armondo Pavone, Mayor AGENDA ITEM # 9. b) RESOLUTION NO. _______ 3 Approved as to form: ______________________________ Shane Moloney, City Attorney RES:1849:6/22/2020 AGENDA ITEM # 9. b) Rev. May 2020 AGENDA ITEM # 9. b) Table of Contents Page SECTION I. MISCELLANEOUS FEES 1 SECTION II. MAPLEWOOD GOLF COURSE 2 SECTION III. City CENTER PARKING FEES 3 SECTION IV. AQUATIC FEES 3 SECTION V. CARCO THEATER (REPEALED) 3 SECTION VI. PARKS AND FACILITIES USE AND RENTAL 4 SECTION VII. COMMUNITY CENTER PASS CARD & FEES 5 SECTION VIII. AIRPORT CHARGES 5 SECTION IX. ANIMAL LICENSES FEES* ‐ RMC 5‐4‐25 SECTION X. BUSINESS LICENSES 5 SECTION XI. ADULT ENTERTAINMENT LICENSES 5 SECTION XII. DEVELOPMENT FEES 5 Building Fees:5 Land Use Review Fees:7 Public Works Fees: 9 Technology Surcharge Fee 13 Impact Fees: 13 SECTION XIII. FIRE DEPARMENT FIRE MARSHALL FEES (RFA) 14 AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION I. MISCELLANEOUS FEES 2019 2020 1. Maps: a. Zoning maps ‐ standard 11 x 17 $4 $4 b.  Zoning maps ‐ large 24 x 36 $12 $12 c.  Comprehensive Plan map ‐ standard 11 x 17 $4 $4 d.  Comprehensive Plan map ‐ large 24 x 36 $12 $12 e.  Precinct maps $5 $5 2. Plat: a.  First page $2 $2 b.  Each additional page $1 $1 3. Photocopies:  a.  Each 8.5" x 11" or 8.5" x 14"$0.15 $0.15 b.  Each 11" x 17"$0.20 $0.20 c.  Each 8.5" x 11" or 8.5" x 14" color $0.25 $0.25 4. Budget: a.  City's Budget $10 $10 b.  N/C N/C 5. Audio or Video Recording Copies: a.Audio recording, each copy $2 $2 b.Video recording, each copy $2 $2 6. Regulations and Plans: a.Comprehensive Plan and Map $30 $30 b.Title IV, Development Regulations: (i) Text and Zoning Map $110 $110 (ii) Text only $100 $100 c.Individual Chapters of Development Regulations $10 $10 d. Renton Municipal Code (two volumes)$400 $400 e.Code Supplements, per year: (i) Titles I ‐ III and VI ‐ X $70 $70 (ii) Title IV $70 $70 7. Miscellaneous Services: a.Certification and Notary Fees ‐ Clerk's Certification $10 $10 b.Notary Public Attestation or Acknowledgement or as $10 $10 otherwise provided for in RCW 42.28.090, per signature c.Hold Harmless Agreements and other similar documents $20 $20 not otherwise provided for d.Lamination of licenses, pictures $6 $6 e.Community Development Block Grants (CDBG) Loan Program: (i) Application Fee $200 $200 (ii) Loan Origination Fee $150 or 0.25% of loan  amount, whichever is  greater $150 or 0.25% of loan  amount, whichever is  greater (iii) Closing Costs (including any legal fees)50% of total actual  costs 50% of total actual  costs 8. Miscellaneous Charges for Police Services: a.Police Reports per page $0.15 $0.15 b.Record Checks (Written Response) $5 $5 c.Photographs ‐ Digital on CD $2 $2 d.Photographs ‐ black & white or color ‐ Cost of developing film Cost Cost e.Fingerprint Cards $5 $5 (i) Each additional card $1 $1 9. Charges for Fire Documents: a.Fire reports per page $0.15 $0.15 b.Fire investigative report on CD $2 $2 c.First copy ‐ black & white or color ‐ Cost of developing film Cost Cost d.Additional copy ‐ black & white or color ‐ Cost of developing film Cost Cost 10. Computer Listings: a.City of Renton new business list $10 $10 b.List of all business licenses $20 $20 c.Copies requested to be faxed, local number $3 $3 d.Copies requested to be faxed, long distance number (i) One (1) ‐ five (5) pages $10 $10 (ii) Six (6) or more pages (ten (10) page limit)$20 $20 11. Utility Fee: a.Special Request Water Meter Reading $30 $30 b.Utility New Account Setup $25 $25 c.Utility Billing Account Transfer (tenant billing form)$5 $5 d.Water utility outstanding balance search requested by $25 $25 fax, messenger, or letter 12. Schedule of Fines for False Alarms ‐ Security/Burglar: (effective February 1, 2019) a.One‐time Registration Fee $25 $25 b.Annual Registration Renewal N/C N/C c.First False Alarm in a registration year*N/C N/C City's Budget to other municipality or quasi‐municipal corporation or other nonprofit charitable or education organization AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION I. MISCELLANEOUS FEES (CONTINUED)2019 2020 d.Second False Alarm in a registration year*$100 $100 e.Third or more False Alarm in a registration year*$250 $250 f.Late Payment Fee $25 $25 g.Unregistered Alarm System Fee $50 $50 *A registration year shall mean January 1 thru December 31 each year. 13. NSF Check Fees $25 $25 14. Veteran Park Tile: Three lines $75 $75 15. Electronic Records: a.Photocopies or printed copies of electronic records, per page $0.15 $0.15 b.Scanning paper records, per page $0.10 $0.10 c.Electronic files or attachments uploaded for electronic delivery (email, cloud‐based data storage service, or $0.05 $0.05 other means of electronic delivery), for each four (4) files d.Transmission of records in an electronic format or for the use of agency equipment to send the records $0.10 $0.10 electronically, per gigabyte (GB) 16. Document Recording Fees: Actual Costs Actual Costs 17. School Impact Fee Administration 5% x School Impact  Fee 5% x School Impact  Fee SECTION II. MAPLEWOOD GOLF COURSE 2019 2020 1. a.Weekday: (i) 18 Hole $37 $39 (ii) 9 Hole $27 $29 (iii) 18 Hole, Senior $28 $30 (iv) 9 Hole, Senior $20 $22 (v) 18 Hole, Junior $19 $21 (vi) 9 Hole, Junior $15 $17 b.Weekend: (i) 18 Hole $44 $46 (ii) 9 Hole $27 $29 2. Club Rental*: a.Regular $18 $25 b.Premium $0 $50 3. Golf Cart Fees*: a.18 Hole $30 $34 b.18 Hole Single Rider $22 $26 c.9 Hole $18 $22 d.9 Hole Single Rider $12 $16 e.Trail Fee $10 $15 4. Driving Range Fees*: a.Large Bucket $9 $11 b.Small Bucket $6 $6 c.Warm‐up Bucket $4 $4 5. Lesson Fees: a.1/2 Hour Private $45 $45 b.1 Hour Private $65 $65 c.1/2 Hour Series Private $160 $160 d.1 Hour Series Private $240 $240 e.Group Series $100 $100 f.1/2 Hour Private, Junior $25 $25 g.Playing Lesson(3‐hole minimum/9‐hole maximum) per hole $15 $15 * Rates include Washington State Sales Tax (WSST) Green Fees*:  For purposes of this section, "weekend" shall mean Friday, Saturday, and Sunday. "Weekday" shall mean the remaining  four days of the week. "Junior" shall mean ages 17 and under, "Senior" shall mean ages 62 and over.  Off‐season and promotional rates determined by management; posted on website. *The charges identified in RCW 42.56.120(3)(b) (and referenced above) may be combined to the extent that more than one  type of charge applies to copies produced in response to a particular request. The actual cost of any digital storage media or  device provided by the agency. Alternatively, the City may charge a flat fee of up to $2 for the entire request as long as the cost of uploading and transmitting the electronic records is reasonably estimated to equal or exceed that amount. Only one $2 flat  fee per request is authorized for electronic records produced in installments. When records are provided electronically on a  CD, DVD, thumb drive, flash drive, or other electronic device, the requestor will be charged for the cost of the electronic  storage device. The City may charge an actual‐cost service charge for requests that require use of IT expertise to prepare data  comilations or provide customized electronic access services when not used by the City for other purposes. A cost estimate  and explanation will be provided to the requestor before incurring the costs. Option to waive charges.  The City may waive charges associated with fulfilling a request.  The decision will be based on  various factors, including the volume and format of the responsive documents. The decision to assess fees for fulfilling a public  records request shall be made on a consistent and equitable basis, dependent primarily upon the amount of staff time  required for copying, scanning, shipping, uploading, and/or transmitting the records associated with fulfilling a request. Certified copies.  If the requestor is seeking a certified copy of a City record, an additional charge of $1.00 per each complete  document may be applied to cover the additional expense and time required for certification The applicant shall pay all document recording fees charged by King county and all administrative fees charged by the title  company for processing. Payment in full shall by submitted to the City before documents are sent for recording Note:  Should Section I fees due total less than $4.00 and no other fee is due to the City at the same time, the department  administrator may authorize to waive the entire amount due at their discretion. AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION III. City CENTER PARKING FEES 2019 2020 1. City Center Parking Garage Fees: Parking rates for retail parking will be as follows: a.Zero (0) ‐ two (2) hours N/C N/C b.Two (2) ‐ four (4) hours $2 $2 c.Four (4) ‐ six (6) hours $4 $4 d.Six (6) ‐ (10) hours $6 $6 e. 10 hours or more $10 $10 f.Monthly pass‐holders, tax included $35 $35 SECTION IV. AQUATIC FEES 2019 2020 1. Admission for the Aquatic Center shall be as follows: a.Regular Session: (i) Infants ‐ under 1 year N/C N/C (ii) Youth ‐ 1 to 4 years $4.50 $6.00 (iii) Ages 5 and up $8.50 $11.00 (iv) Lap swim ‐ water walking only $3 $4 b.Season Pass: (i) Resident infants ‐ under 1 year N/C N/C (ii) Non‐resident infants ‐ under 1 year N/C N/C (iii) Resident ages 1 and up $60 $60 (iv) Non‐resident ages 1 and up $120 $120 c.Miscellaneous Rates: (i) Resident regular session per person rate (group rates)* $10 $12 (ii) Non‐resident regular session per person rate $16 $16 (iii) Locker Rental $0.25 $0.25 d.Canopy Rental Fees*: (includes canopy and admission for one leisure swim session): (i) Henry Moses Party Tent #1  (10' x 20' for up to twenty‐five (25) guests on wave pool): (1) Resident Rate, per session $310 $450 (2) Non‐resident Rate, per session $475 $550 (ii) Henry Moses Party Tent #2  (10' x 20' for up to twenty‐five (25) guests): (1) Resident Rate $200 $400 (2) Non‐Resident Rate $300 $500 (iii) Henry Moses Party Tent #3 (10' x 10' for up to ten (10) guests): (1) Resident Rate, per session $200 (2) Non‐resident Rate, per session $240 e.Resident Rate all inclusive*$1,800 $1,800 f.Non‐resident Rate all inclusive*$2,300 $2,300 *Sales tax not included in the rental fee g.Swim Lesson Program: Fees and associated descriptions are published in the "What's Happening " Renton Activities Guide h.End‐of‐year School Party Rentals: (i) Renton School District (1) 001 ‐ 299 students $1,900 $1,900 (2) 300 ‐ 399 students $2,250 $2,250 (3) 400 ‐ 499 students $2,400 $2,400 (4) 500 ‐ 599 students $2,550 $2,550 (ii) Other Schools and Districts (1) 001 ‐ 299 students $2,450 $2,450 (2) 300 ‐ 399 students $2,850 $2,850 (3) 400 ‐ 499 students $3,150 $3,150 (4) 500 ‐ 599 students $3,360 $3,360 2. Boat Launch Rates: a.Daily resident ‐ 7 days a week $10 $10 b.Daily Non‐resident ‐ 7 days a week $20 $20 c.Overnight resident ‐ 7 days a week $20 $20 d.Overnight Non‐resident ‐ 7 days a week $40 $40 e.Annual parking permit ‐ resident $60 $60 f.Annual parking permit ‐ non‐resident $120 $120 g.Additional sticker (launching permit)$5 $5 h.$50 $50 SECTION V. CARCO THEATER (REPEALED)2019 2020 SECTION VI. PARKS AND FACILITIES USE AND RENTAL 2019 2020 1. Outlying Picnic Shelters (Cedar River Trail, Liberty Park, Phillip Arnold Park, Teasdale Park and Heritage Park) Maximum of 50 people: a.Resident 10am‐7pm $90 $140 b.Non‐resident 10am‐7pm $180 $280 2. Gene Coulon Beach Park Shelters (South #1, South #2 and Creekside) Maximum of 75 people: a.Resident 10am‐7pm $100 $140 *Group Rates: Group rates offer guaranteed admission for the group. In order to qualify for a group rate, the group must consist  of ten (10) or more persons, and the session must be scheduled in advance. Please note that the number of groups may be  limited each day. Staff has the authority to offer discounted daily rates for partial sessions or Renton‐only events. Fishing Tournaments at Coulon Beach (additional rental fee if using the Pavilion area for weigh in and or electricity at the current rental rate) per event AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION VI. PARKS AND FACILITIES USE AND RENTAL (CONTINUED)2019 2020 b.Non‐resident 10am‐7pm $180 $280 e.South Shelters 1 & 2 Resident rate $300 $300 f.South Shelters 1 & 2 Non‐resident rate $600 $600 3. Gene Coulon Beach Park Shelters (North Shelter): a.Resident 10am‐7pm $120 $160 b.Non‐resident 10am‐7pm $240 $320 4. Tennis, Basketball and Sand Volleyball court rate per hour (Tournament Play Only): a.Tennis court $10 $10 b.Park basketball court $10 $10 c.Sand volleyball court $10 $10 5. Catering and Event Rate (All city parks apply): a.Resident half day $200 $200 b.Resident full day $350 $350 c.Non‐resident half day $400 $400 d.Non‐resident full day $700 $700 6. a.Each $50 $50 7. a.Resident rate per hour $10 $10 b.Non‐resident rate per hour $25 $25 c.Special Event Permit Fee $85 $85 8. Piazza Park Open Space Event Rental a.Full day rental  10am ‐ 7pm $500 $500 9. Photo Shoots per hour: a.Commercial Film and Photo Shoots per hour $300 $300 10. Electrical Spider Box rental: a.      Electrical spider box rental per box, per event, with special event approval $100 $100 11. Athletic Field Rental, Lights and Prep Fees: a.Sports field rental per hour ‐ resident $25 $25 b.Sports field rental per hour ‐ non‐resident $30 $30 c.Renton Area Youth Sports Agencies, per hour $6 $6 d.Field prep for softball/baseball ‐ resident per occurrence $30 $30 e.Field prep for soccer ‐ resident per occurrence $45 $45 f.Custom Field prep ‐ resident per occurrence $100 $100 g.Field prep for softball/baseball ‐ non‐resident per occurrence $35 $35 h.Field prep for soccer ‐ non‐resident per occurrence $50 $50 i.Custom Field prep ‐ non‐resident per occurrence $100 $100 j.Field lights all sports ‐ resident per hour $25 $25 k.Field lights all sports ‐ non‐resident per hour $30 $30 12. Banquet & Classroom Rental ‐ Community Center & Senior Activity Center: a.Friday evening 5 hour minimum ‐ resident $650 $650 b.Weekend Rates 10 hour minimum ‐ resident $1,300 $1,300 c.Extra hours ‐ per hour ‐ resident $130 $130 d.Friday 5 hour minimum ‐ non‐resident $750 $750 e.Weekend Rates 10 hour minimum ‐ non‐resident $1,500 $1,500 f.Extra hours ‐ per hour ‐ non‐resident $150 $150 g.Kitchen charge ‐ per hour $100 $100 h.Banquet Room ‐ Mon ‐ Fri ‐ daytime ‐ resident/hr 3 hour min $85 $85 i.Banquet Room ‐ Mon ‐ Fri ‐ daytime ‐ non‐resident/hr 3 hour min $90 $90 j.Damage deposit $550 $550 k.Contract violation fee ‐ per hour $200 $200 l.Cancellation Fee ‐ Less than 90 days $550 $550 13. Classroom and Gymnasium Rental ‐ Renton Community Center: a.Resident single gym athletic ‐ per hour $45 $45 b.Non‐resident single gym athletic ‐ per hour $50 $50 c.Resident double gym athletic ‐ per hour $90 $90 d.Non‐resident double gym athletic ‐ per hour $100 $100 e.Resident single gym non‐athletic $550 $550 f.Non‐resident single gym non‐athletic $675 $675 g.Resident double gym non‐athletic $1,100 $1,100 h.Non‐resident double gym non‐athletic $1,350 $1,350 i.Carpet fee single gym ‐ resident & non‐resident $325 $325 j.Carpet fee double gym ‐ resident & non‐resident $650 $650 k.Classroom resident $35 $35 l.Classroom Non‐resident $40 $40 14. Birthday Party Packages: a.Party package ‐ resident $65 $65 b.Party package ‐ non‐resident $75 $75 Inflatable and big toy rate:  Note: Along with rental fee for the use of City facility for each inflatable or big toy, Applicant or Renter shall provide proof of  insurance naming the City of Renton as additional insured. Open Space Area in the Parks (Cascade, Teasdale, Phillip Arnold, Cedar River, Earlington, Gene Coulon, Glencoe, Kennydale Lions,  Sunset, and Riverview Parks): AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION VI. PARKS AND FACILITIES USE AND RENTAL (CONTINUED)2019 2020 15. Facility Rental ‐ Neighborhood Center: a.Meeting room ‐ resident $35 $35 b.Gymnasium ‐ resident $35 $35 c.Meeting room ‐ non‐resident $40 $40 d.Gymnasium ‐ non‐resident $40 $40 16. Farmer's Market a.10x10 Lot $40 $40 b.Half Lot $20 $20 c.Application fee $30 $30 d.Electrical fee $5 $5 17. Reader Board a.One day/day of event $110 b.Two weeks prior to event $275 SECTION VII. COMMUNITY CENTER PASS CARD & FEES 2019 2020 Fees and associated descriptions are published in the "What's Happening " Renton Activities Guide SECTION VIII. AIRPORT CHARGES 2019 2020 1.Airport Fuel Flow Charge:  per gallon $0.08 $0.08 2.JetA Fuel Flow Charge:  per gallon $0.10 $0.10 3.Transient airplane parking daily $8 $8 4.Hangar wait list, one time fee $100 $100 5.Tie‐down wait list, one time fee $25 $25 6.Lost gate card fee per occurrence $50 $50 7.T‐Hangar, Non‐Refundable Move‐in Fee $250 $250 8.Penalty for violation of Minimum Standards/Airport Rules & Regulations (each occurrence)$500 $500 9.Penalty for Movement Area Incursions (each occurrence), assessed to sponsor/tenant $500 $500 SECTION IX. ANIMAL LICENSES FEES* ‐ RMC 5‐4‐2 2019 2020 1.Altered Animal Annual License $30 $30 2.Unaltered Animal Annual License $50 $50 3.Economically Qualified Resident Special Lifetime License $0 $0 4.Duplicate Tag $10 $10 5.Late Charge $30 $30 SECTION X. BUSINESS LICENSES 2019 2020 1. General Business License: a.Registration Fee $150 $150 b.Appeal of Business License Decision $250 $250 2. Penalties: a.The penalty to reinstate an expired business license $50 $50 b.The penalty  for failure to obtain a business license $250 $250 c. SECTION XI. ADULT ENTERTAINMENT LICENSES 2019 2020 1. Every person applying for a adult entertainment license  shall pay the applicable nonrefundable application fee: a.Adult Entertainment Business License $750 $750 b.Entertainer $75 $75 c.Manager $75 $75 d.License Replacement $10 $10 2. Penalties: a.Civil Penalty, per violation $1,000 $1,000 SECTION XII. DEVELOPMENT FEES 2019 2020 1. Building Fees: a.Building Permit Fees:1 (i) Base Fee/Valuation $1.00 to $500.00 $28 $28 (ii) Valuation $501.00 to $2,000.00 $28 + $3.65 x each  $100 value $28 + $3.65 x each  $100 value (iii) Valuation $2001.00 to 25,000.00 $82.75 + $16.75 x  each $1,000 value $82.75 + $16.75 x each  $1,000 value (iv) Valuation $25,001.00 to $50,000.00 $468 + $12 x each  $1,000 value $468 + $12 x each  $1,000 value (v) Valuation $50,001.00 to $100,000.00 $768 + $8.35 x each  $1,000 value $768 + $8.35 x each  $1,000 value (vi) Valuation $100,001.00 to $500,000.00 $1,185.50 + $6.70 x  each $1,000 value $1,185.50 + $6.70 x  each $1,000 value (vii) Valuation $500,001.00 to $1,000,000.00  $3,865.50 + $5.65 x  each $1,000 value $3,865.50 + $5.65 x  each $1,000 value 5%‐15% *Please note, impounded animals are subject to license fees, microchipping costs, and other out‐of‐pocket costs as specified in RMC 6‐6‐2. Failure to pay the license fee within one day after the day on which it is due and payable pursuant to subsection C7 of Chapter 5 of the RMC shall render the business enterprise subject to a penalty of (5%) of the amount of the license fee for the first  month of the delinquency and an additional penalty of (5%) for each succeeding month of delinquency, but not exceeding a  total penalty of (15%) of the amount of such license fee. 5%‐15% AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020 1. Building Fees: (continued) (viii) Valuation $1,000,001.00 and up $6,690.50 + $4.35 x  each $1,000 value $6,690.50 + $4.35 x  each $1,000 value b.Combination Building Permit Fees*1 (i) Plumbing up to 3,000 sq ft $250 $250 (ii) Plumbing over 3,000 sq ft $275 $275 (iii) Mechanical up to 3,000 sq ft $200 $200 (iv) Mechanical over 3,000 sq ft $225 $225 (v) Electrical up to 3,000 sq ft $225 $225 (vi) Electrical over 3,000 sq ft $275 $275 * Combination Building Permit fees are required for each new single family residential structure c.Building Plan Check Fee1 (i) Initial Building Plan Check Fee*65% of permit fee 65% of permit fee (ii) Additional Building Plan Check Fee 50% of initial plan  Check Fee 50% of initial plan  Check Fee d.Demolition Permit Fee: (i) Residential $122 $122 (ii) Commercial $265 $265 e.State Building Code Fee: (i) Non‐residential projects:$25 $25 (ii) Residential projects:$6.50 $6.50 (1) Each additional unit after first unit:$2 $2 f.Electrical Permit Fees: (i) Residential Fees ‐ Single ‐Family and Duplex (1) New Service ‐ Single Family and Duplex1 (a) Up to 200 AMP $212 $212 (b) Over 200  AMP $225 $225 (2) Service Changes/New Circuits ‐ Single Family and Duplex: (a) Change up to 200 AMP $165 $165 (b) Change over 200 AMP $175 $175 (c) Any new circuits added to above price is per each up to a maximum of $80.00 $20 $20 (d) Minimum fee for remodel/addition of new circuits without a service charge $165 $165 (ii) Multi‐Family, Commercial and Industrial Fees: (1) Value of work: $1.00 to $500.00 $63 $63 $500.01 to $1,000.00 $47 + 3.5% of  value $47 + 3.5% of  value $1,000.01 to 5,000.00 $82 + 3.05% of value $82 + 3.05% of value $5,000.01 to $50,000.00 $234 + 1.8% of value $234 + 1.8% of value $50,000.01 to $250,000.00 $1,127 + 1.05% of  value $1,127 + 1.05% of  value $250,000.01 to $1,000,000.00 $3,752 + 0.85% of  value $3,752 + 0.85% of  value $1,000,000.01 and up $12,152 + 0.47% of  value $12,152 + 0.47% of  value (iii) Temporary Electrical Services $165 $165 (iv) Miscellaneous Electrical Fees (1) Job Trailers $165 $165 (2) Signs per each $165 $165 (3) Mobile Homes $165 $165 (4)50% of commercial  fees Minimum $165 50% of commercial  fees Minimum $165 g.House Moving* ‐ minimum per hour Inspection Fee:$150 $150 h.Inspection Fee For Condominium Conversions $150 on 1st unit / $20  each add'l unit $150 on 1st unit / $20  each add'l unit i.Manufactured/Mobile Home Installation Fees*: (i) Within a manufactured home park $150 $150 (ii) Outside of a manufactured home park Building Permit Fees Building Permit Fees * Building Plan Check Fee is in addition to the building permit fees and combination building permit fees.  The plan check fee is equal to 65% of the building permit fee or the combination building permit fee.  Includes three (3) review cycles. Low Voltage Work (e.g., alarm systems; thermostats; computer, data, or phone lines; fiber optics, cable  television, etc.) Exemption: Residential telephone communication systems, thermostats, security systems, and cable television installations  are exempt from fees *This covers only the Building Section inspection of the structure prior to move. There is a separate additional fee charged  by the Public Works Department to cover the actual house move permit. A building permit is also required in order to site  the structure on the new site. AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020 1. Building Fees: (continued) j.Mechanical Permit Fees:1 (i) Residential ‐ Mechanical Permit base fee plus itemized fees below:$52 $52 (1)$20 $20 (2) Boiler or Compressor $20 $20 (3)$20 $20 (4) Ventilation/exhaust fan $20 $20 (5) Fuel Gas Piping (each gas piping system up to 6 outlets)$20 $20 (ii) Commercial or Multi‐Family ‐ Mechanical Permit base fee plus itemized fees below:$75 $75 (1)$35 $35 (2) Boiler or Compressor $75 $75 (3) Refrigeration System $75 $75 (4)$75 $75 (5) Incinerator: Installation or relocation of each  $100 $100 (6)$35 $35 (7) Fuel Gas Piping (each gas piping system up to 6 outlets)$35 $35 k.Plumbing Permit Fees:1 (i) Residential ‐ Plumbing Permit base fee plus itemized fees below:$52 $52 (1)$10 $10 (2) Water Service: For meter to house $10 $10 (3) Per fixture for repair or alteration of drainage or vent piping $10 $10 (4) Per drain for rainwater systems   $10 $10 (5) Per lawn sprinkler system, includes backflow prevention $10 $10 (6) Per vacuum breaker or backflow protection device on tanks, vats, etc.$10 $10 (7) Per interceptor for industrial waste pretreatment $10 $10 (8) Fuel Gas Piping: (each gas piping system up to 6 outlets)$20 $20 (ii) Commercial or Multi‐Family: Plumbing Permit base fee plus itemized fees below:$75 $75 (1) Per plumbing fixture (e.g., sink, shower, toilet, dishwasher, tub, etc.) or set of fixtures on one trap $15 $15 (2) Water Service: For meter to building $15 $15 (3) Per fixture for repair or alteration of drainage or vent piping $15 $15 (4) Per drain for rainwater systems   $15 $15 (5) Per lawn sprinkler system, includes backflow prevention $15 $15 (6) Per vacuum breaker or backflow protection device on tanks, vats, etc.$15 $15 (7) Per interceptor for industrial waste pretreatment $15 $15 (8) Fuel Gas Piping: (each gas piping system up to 6 outlets)$25 $25 (9) Medical Gas Piping: (each gas piping system up to 6 outlets)$75 $75 l.Sign Permit Fees: (i) Permanent Signs: (1) Roof, projecting, awning, canopy, marquee, and wall signs $250 $250 (2) Freestanding ground and pole signs  $250 $250 (ii) Temporary and Portable Signs: (1) Real Estate Directional Signs, pursuant to RMC 4‐4‐100J2, permit valid for a 12‐months period $75 $75 (2) Grand Opening Event Signs, pursuant to RMC 4‐4‐100J6d(i) $75 $75 (3) Event Signs, pursuant to RMC 4‐4‐100J6d(ii) and (iii) per sign, per promotion $50 $50 (4)$125 $125 (5) Commercial Property Real Estate Banner each sign permit is valid for 12 months.$75 $75 (6) Decorative Flags fee is per entrance and valid until flag(s) are removed $75 $75 (iii) Request for Administrative Modifications of City Center Sign Regulations per RMC 4‐4‐100H9:$250 $250 m.Miscellaneous Fees: (i) Inspection Fees: (1) Minimum Housing Inspection $125 $125 (2) WABO ‐ Adult Family Home; Misc building inspection $125 $125 (3) Reinspection Fee; Misc building inspection $125 $125 (ii) Plan Review Fees: (1) Electrical, Plumbing, or Mechanical Permits (percentage of permit fee)40% 40% (2) Additional Plan Review Fees: Over three review cycles (percentage of plan review fee)50% 50% (3) Miscellaneous Plan Review: hourly fee.$125/hr $125/hr (iii)2 X Permit Fee 2 X Permit Fee 2. Land Use Review Fees: a.General Land Use Review: (i) Additional Animals Permit $50 $50 (ii) Address Change $100 $100 (iii) Annexation: (1) Less than 10 acres $5,000 $5,000 *  Includes plan review and inspection fees for the foundation (electrical, plumbing, mechanical, sewer and water  connection fees are in addition to the below amounts). Heating system (furnace, heat pump, suspended heater, fireplace, wood stove, etc.).  A/C system (air  conditioner, chiller or Air Handling Unit (VAV) including ducts and vents) Appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for  which no other fee is listed in this code 1Per Resolution 4359, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or more lots  and vested as of the adoption date of Res. 4359, through December 31, 2020. Heating system (furnace, heat pump, suspended heater, fireplace, wood stove, etc.).  A/C system (air  conditioner, chiller or Air Handling Unit (VAV) including ducts and vents) Commercial Hood: Installation of each served by a mechanical exhaust, including the ducts for such hood each  Appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for  which no other fee is listed in this code Per plumbing fixture (e.g., sink, shower, toilet, dishwasher, tub, etc.) or set of fixtures on one trap A‐Frame Signs, pursuant to RMC 4‐4‐100J5 Charge is for the first sign, all subsequent signs are $50.00 Work commencing before permit Issuance:  Where work for which the permit is required is started prior to obtaining  the permit, a special investigation fee in an amount equal to twice the permit fee shall be charged. The special  investigation fee shall be paid in addition to the required permit fees. AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020 2. Land Use Review Fees: (Continued) (2) 10 acres or more $5,000 $5,000 (iv) Appeal (or reconsideration) of: (1) Hearing Examiner's Decision $500 $500 (2) Administrative Decision $500 $500 (3) Environmental Decision $500 $500 (v) Binding Site Plan (total fee for both preliminary and final phases)$5,140 $5,280 (vi) Code Text Amendment N/C N/C (vii) Comprehensive Plan Map or Text Amendment (each)$5,000 $5,000 (viii) Conditional Use Permit: (1) HEX $3,080 $3,170 (2) Administrative 3 $1,540 $1,580 (ix) Critical Areas Exemption N/C N/C (x) Critical Areas Permit $1,200 $1,200 (xi)100% of 100% of  contract cost contract cost (xii) Development Agreement $10,000 $10,000 (xiii)100% of cost 100% of cost (xiv) Environmental Checklist Review $1,540 $1,580 (xv) Environmental (SEPA) Addendum $1,540 $1,580 (xvi) Fence Permit (special)$150 $150 (xvii) Grading and Filling Permit (Hearing Examiner)$5,140 $5,280 (xviii) Landscape Review Fee $150 $150 (xix) Legal Lot Segregation N/C N/C (xx) Lot Consolidation $500 $500 (xxi) Lot Line Adjustment $1,030 $1,060 (xxii) Manufactured/Mobile Home Park: (1) Tentative $1,030 $1,060 (2) Preliminary $3,080 $3,170 (3) Final $1,540 $1,580 (xxiii) Open Space Classification Request $150 $150 (xxiv) Plats: (1) Short Plat (total fee for both preliminary and final phases)$5,140 $5,280 (2) Preliminary $10,280 $10,570 (3) Final Plat $5,140 $5,280 (xxv) Planned Urban Development: (1) Preliminary Plan $5,140 $5,280 (2) Final Plan $2,570 $2,640 (3) Reasonable Use Exception: (a) In conjunction with land use permit $500 $500 (b) Stand alone $1,500 $1,500 (xxvi) Public Arts Exemption N/C N/C (xxvii) Rezone  $5,000 $5,000 (xxix) Routine Vegetation Management Permit without Critical Areas  $100 $100 (xxx) Shoreline‐Related Permits: (1) Shoreline Permit Exemption N/C N/C (2) Substantial Development Permit $2,570 $2,640 (3) Conditional Use Permit $3,080 $3,170 (4) Variance $3,080 $3,170 (xxxi) Site Development Plan (Site Plan or Master Plan  which includes design review fee for projects subject to RMC 4‐3‐100): (1) Hearing Examiner Review $3,600 $3,700 (2) Administrative Review  $2,570 $2,640 (3) Modification (minor, administrative) $250 $250 (4)Application Application  Fees Fees (xxxii) Small Cell Permit, per site4 $500 $500  (xxxiii) Special Permit (Hearing Examiner) $2,570 $2,640 (xxxiv) Street Naming (Honorary) (1) Application $250 $250 (2) Installation $250 $250 (xxxv) Temporary Use Permits: (1) Tier 1 $100 $100 (2) Tier 2 $200 $200 (xxxvi) Variance (per each variance requested) Administrative or Hearing Examiner $1,300 $1,300 (xxxvii) Waiver or Modification of Code Requirements cost is per request $250 $250 (xxxviii) Zoning Compliance Letter $460 $470 b. Critical Areas Review Fee:  for those projects that propose impacts to critical areas and will be billed at the cost of  contract biologist’s review.1 Environmental Impact Statement Cost include the coordination, review and appeal. Draft and Final2 Modification (major) required new application and repayment of fee required Exception for Projects Vested in the County: For those projects that have vested to a land use permit under the development  regulations of King County, the King County Land Use Review Fee Schedule shall apply, and is hereby adopted by reference. A  copy of that fee schedule has been filed with the City Clerk and is available at the City Clerk’s office for public review. 1Per RMC 4‐3‐050F7, the City may charge and collect fees from any applicant to cover costs incurred by the City in review of plans, studies, monitoring reports and other  documents related to evaluation of impacts to or hazards from critical areas and subsequent code‐required monitoring. AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020 2. Land Use Review Fees: (Continued) 3. Public Works Fees: a.Franchise Application Fee*$5,000 $5,000 b.Franchise Permit Fees: 1,2 (i)(1) Small work, including trenching less than 60 linear feet or installation of 6 or less utility poles $600 $600 (ii)$600 $600 (ii)Master Lease Agreement including Site License Addendum, Small Cell Only (1) Master Lease Agreement Administrative Costs, $100 per staff hour Actual cost Actual cost (2) Pole Reservation, per pole $120 $120 (3) Administrative Fee, $100 per staff hour and/or cost of materials $760 deposit +$760 deposit + time and materials time and materials Actual cost Actual cost (5) All other fees, $100 per staff hour and/or cost of materials Actual cost Actual cost 1Bond required pursuant to RMC 9‐10‐5 c.Latecomers' Agreement Application Fees: (i) Processing fee* (Nonrefundable)  (1) If amount covered by latecomers’ is $50,000 or less $1,000 $1,000 (2) If amount covered by latecomers' is between $50,000 and $200,000 $2,000 $2,000 (3) If amount covered by latecomers' is greater than $200,000 $4,000 $4,000 (ii) Latecomers' Agreement – Administration and collection fee  (1) if amount covered by latecomers' is $50,000 or less 15% of total 15% of total (2) If amount covered by latecomers' is between $50,000 and $200,000 10% of total 10% of total (3) If amount covered by latecomers' is greater than $200,000 5% of total 5% of total (iii) Segregation processing fee, if applicable $750 $750 d.System Development Charge Tables: (i) Water and Wastewater System Development Charges: (1) 5/8 x 3/4 inch and 1 inch: (a) Water service fee3 $4,050 $4,400 (b) Fire service fee 1,2 $518 $563 (c) Wastewater fee3 $3,100 $3,400 (2) 1‐1/2 inch: (a) Water service fee3 $20,250 $22,000 (b) Fire service fee 1,2 $2,591 $2,815 (c) Wastewater fee3 $15,500 $17,000 (3) 2 inch: (a) Water service fee3 $32,400 $35,200 (b) Fire service fee 1,2 $4,146 $4,504 (c) Wastewater fee3 $24,800 $27,200 (4) 3 inch: (a) Water service fee3 $64,800 $70,400 (b) Fire service fee 1,2 $8,292 $9,008 (c) Wastewater fee3 $49,600 $54,400 (5) 4 inch: (a) Water service fee3 $101,250 $110,000 (b) Fire service fee 1,2 $12,956 $14,075 (c) Wastewater fee3 $77,500 $85,000 (6) 6 inch: (a) Water service fee3 $202,500 $220,000 *The administration and collection fee is deducted from each individual latecomer fee payment and the balance forwarded  to the holder of the latecomer’s agreement pursuant to RMC 9‐5, Tender of Fee. 2When the City is the lead agency for a proposal requiring an Environmental Impact Statement (EIS) and the Environmental Review Committee (ERC) determines that the EIS shall  be prepared, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing the EIS. The ERC shall advise the applicant(s) of  the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs. The ERC may determine that the City will  contract directly with a consultant for preparation of an EIS, or a portion of the EIS, and may bill such costs and expenses directly to the applicant. Such consultants shall be  selected by mutual agreement of the City and applicant after a call for proposals. If a proposal is modified so that an EIS is no longer required, the ERC shall refund any fees  collected under this subsection which remain after incurred costs are paid. The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice  requirements of this Title relating to the applicant’s proposal. The City shall not collect a fee for performing its duties as a consulted agency. The City may charge any person for  copies of any document prepared under this Title, and for mailing the document, in a manner provided by chapter 42.17 RCW. 3Per Resolution 4359, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or more lots  and vested as of the adoption date of Res. 4359, through December 31, 2020. 4Prior to issuance of a small cell permit, the applicant shall pay the actual administrative expenses incurred by the City that are directly related to the City's review of the  application, including plan inspection, and approval, as authorized by RCW 35.21.860(1)(b), as may be amended. *The fixed application fee established herein is intended to cover the City’s internal administrative costs in processing and  administering the franchise.  In addition to the fixed application fee, the City may require applicants to either directly pay or  reimburse the City for external costs reasonably incurred to process the application and/or administer the franchise  agreement.  The City may require applicants to deposit funds in advance to cover legal and/or other professional services  fees as they are incurred. 2The City may decide to contract with a consultant to perform plan reviews and inspections and may bill such costs and  expenses directly to the applicant. If a franchise agreement or master lease agreement does not specify the fee amount, the generic fee, as identified in the  following table, shall be collected:  (2) All other work, permit fee plus $60 per hour of inspection applied during regular inspection hours, overtime  inspection rates apply thereafter (4) Public Reimbursement (any costs incurred by the City on behalf of the permit applicant for installation or  operation of site equipment including electrical costs) AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020 3. Public Works Fees: (continued) (b) Fire service fee 1,2 $25,911 $28,150 (c) Wastewater fee3 $155,000 $170,000 (7) 8 inch: (a) Water service fee3 $324,000 $352,000 (b) Fire service fee 1,2 $41,458 $45,041 (c) Wastewater fee3 $248,000 $272,000 (ii) Storm Water System Development Charges: (1) New single family residence (including mobile/manufactured homes)3 $1,800 $1,900 (2) (3)$0.720 $0.760 per sq foot per sq foot e.Administrative Fees for SDC Segregation Request* $750 + administrative  costs   $750 + administrative  costs  f. (i) Water Construction Permit Fees:1 (1) Water meter tests for 3/4” to 2" meter $50 $50 (a) Water meter tests on meters 2" or larger $60 deposit + time  and materials $60 deposit + time and  materials (b) Open and close fire hydrants for fire flow tests conducted by others. Time and materials Time and materials (c) Water service disconnection (cut at main)$275 $275 (d) Meter resets $95 $95 (e) Repair of damage to service $250 $250 (f) Water main connections $560 $560 (g) Water main cut and cap $1,025 $1,025 (h) Water quality/inspection/purity tests $80 $80 (i) Specialty water tests (lead, copper, etc) Cost of test + $70  processing fee Cost of test + $70  processing fee (j) Water turn ons/offs after hours $185 $185 (k) Installation of isolation valve. $2,000 deposit + time  and materials $2,000 deposit + time  and materials (l)$250 + $0.15 $250 + $0.15  per lineal per lineal  foot foot (m) Miscellaneous water installation fees. Time and materials Time and materials (n) Service size reductions $50 $50  (o) Installation fees for ring and cover castings $200 $200  (2) Water meter installation fees – City installed:  (a) 3/4” meter installed by City within City limits. Installation of stub service and meter setter only $2,875 $2,875 (i) 3/4" meter drop in only $400 $400 (b) 3/4” meter installed by City outside City limits. Installation of stub service and meter setter only $2,935 $2,935 (i) 3/4" meter drop in only $400 $400 (c) 1” meter installed by the City.  Installation of stub service and meter setter only.$2,875 $2,875 (i) 1" meter drop in only $460 $460 (d) 1‐1/2" meter installed by the City. Installation of stub service and meter setter only $4,605 $4,605 (i) 1‐1/2” meter drop in only $750 $750 (e) 2” meter installed by the City. Installation of stub service and meter setter only.$4,735 $4,735 (i) 2" meter drop in only $950 $950 (3)$220 $220 (4) Hydrant Meter fees: (a) Hydrant meter permit fee $50 $50 (b) Deposits: (i) 3/4” meter and backflow prevention assembly.$500 $500 (ii) 3” meter and backflow prevention assembly.$2,000 $2,000 (iii) Deposit processing charge, nonrefundable.$25 $25 (c) Meter rental (begins on day of pickup): (i) 3/4” meter and backflow prevention assembly. Per month.$50 $50 (ii) 3” meter and backflow prevention assembly. Per month.$250 $250 (ii) Wastewater and Surface Water Construction Permit Fees:1 (1) Residential: (a) Wastewater permit fee $350 $375 (b) Surface water permit fee $350 $375 Addition to existing single family residence greater than 500 square feet (including mobile/manufactured homes) Fee not to exceed $1,800 (2019) or $1,900 (2020) $0.720 per sq foot Public Works Construction Permit Fees:   New water line chlorination fee. Fee plus $0.15 per lineal foot for any footage after the first two hundred fifty (250) lineal feet Water meter processing fees – Applicant installed: For meters larger than 2”, the applicant must provide materials  and installs.   $0.760 per sq foot All other uses charge per square foot of new impervious surface, but not less than $1,800 (2019) or $1,900  (2020) 1 Based upon the size of the fire service (NOT detector bypass meter) 2 Unless a separate fire service is provided, the system development charge(s) shall be based upon the size of the meter installed and a separate fire service fee will not be  charged. 3Per Resolution 4359, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or more  lots and vested as of the adoption date of Res. 4359, through December 31, 2020. *The applicant shall pay the City’s administrative costs for the preparation, processing and recording of the partial payment  of the fee(s). If the same segregation is used for more than one utility’s special assessment district, and/or latecomer’s  charge, then only one administrative fee is collected. AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020 3. Public Works Fees: (continued) (2) Commercial: (a) Wastewater permit fee $350 $375 (b) Surface water permit fee $350 $375 (3) Industrial: (a) Wastewater permit fee $350 $375 (b) Surface water permit fee $350 $375 f. (ii) Wastewater and Surface Water Construction Permit Fees:1 (continued) (4) Repair of any of the above (a) Wastewater permit fee $350 $375 (b) Surface water permit fee $350 $375 (5) Cut and cap/Demolition permit: (a) Wastewater permit fee $350 $375 (b) Surface water permit fee $350 $375 (6)$350 $375 (7)$350 $375 plus King County plus King County sewer rate sewer rate on discharged on discharged amount amount (iii) Right‐of‐way Permit Fees: (1) Single family residence $325 $325 (2) All other uses, excluding those listed $625 $625 (3) Wastewater or storm water service $350 $375 (4) King County ROW Permits/Inspections: (a) Service Installation Only $1,025 $1,025 (b) Utility Extension per 100' of Length (Min 200' Length) $1,025 $1,025 (iv)$525 $525 (v) (1) Standard locate $500 $500 (2) Large project locate $1,000 $1,000 g. (i) (1) $150,000.00 or less 6% of cost 6% of cost (2) Over $150,000.00 but less than $300,000.00. $9,000 + 5% over  $150,000 $9,000 + 5% over  $150,000 (3) $300,000.00 and over. $16,500 + 4% over  $300,000 $16,500 + 4% over  $300,000 (ii)Standard or minor drainage adjustment review $550 $550  h.Grade and Fill License Fees: Fees shall be based on Tier. Grade and Fill Quantity New or Replaced  Hard Surface Tier < 50 cy < 2,000 sf 0 50 cy ‐ 499 cy 2,000 sf ‐ 4,999 sf 1 500 cy ‐ 4,999 cy 5,000 sf ‐ < 1 ac 2 5,000 cy ‐ 49,999 cy 1 ac ‐ < 2.5 ac 3 50,000 cy ‐ 99,999 cy 2.5 ac ‐ < 5 ac 4 100,000 cy and larger 5 ac and larger 5 (i) Review/Intake Fee: (1) Tier 0 N/A N/A (2) Tier 1 $466 $466 (3) Tier 2 $621 $621 (4) Tier 3 $932 $932 (5) Tier 4 $1,242 $1,242 (6) Tier 5 $1,553 $1,553 Public Works Construction Permit Fees:  (continued) Reinspection for Wastewater or Surface Water Permits Public works plan review and inspection fees1,3: All developers, municipal or quasi‐municipal entities, or utility corporations or  companies, except those specifically exempted, shall pay fees under this Section. Exempted entities include City‐franchised  cable TV, cable modem, natural gas, telecommunications, and electrical power. The fee will be based upon percentages of the  estimated cost of improvements using the following formula.  Street and utility plan review and inspection fees; estimated construction cost2: The applicant must submit separate,  itemized cost estimates for each item of improvement subject to the approval by the Public Works Plan Review  Section. 1Includes three (3) review cycles. Additional reviews will be charged $1,500 each. 2Construction cost shall be based on the City's bond quantity worksheet and shall include all project related improvements outside of the building envelopes, including, but  not limited to, all costs required to construct the following: paved parking lots, private sidewalks or walkways; private and public storm water management facilities;  temporary erosion and sedimentation control facilities; water quality facilities; public and private streets; public and private sanitary sewers; public water main  improvements; required off‐site street, bike and pedestrian improvements; street lighting improvements; required landscaping and street tree improvements; and site  grading and mobilization costs. 3If deemed necessary by the City in its sole discretion, the City will contract with one or more consultants to provide plan reviews and/or inspections with the related costs  and expenses payable by the applicant. Cleared or  Disturbed Area Ground water discharge (temporary connection to wastewater system for discharge of contaminated ground  water over 50,000 gallons) Rate plus billed for current Renton and King County sewer rate on discharged  amount (meter provided by property owner) Work in right‐of‐way – construction permit: Utility and street/sidewalk improvements: A bond is required, as stipulated in RMC 9‐10‐5, Street Excavation Bond. Street light system fee, per new connection to power system  Exception: No permit fee shall be charged for individual homeowners for work in street rights‐of‐way for street tree or parking strip irrigation systems. No permit fee shall be  charged for moving pods or moving trucks in the right‐of‐way provided that they are in the right‐of‐way for no more than three (3) days. 1Per Resolution 4359, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or more  lots and vested as of the adoption date of Res. 4359, through December 31, 2020. Utility Locate Refresh Fee (Fee is due each time excavator calls in for locate refresh during 45‐day locate ticket) < 7,000 sf 7,000 sf ‐ < 3/4 acre 3/4 ac ‐ < 1 ac 1 ac ‐ < 2.5 ac 2.5 ac ‐ < 5 ac 5 ac and larger AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020 3. Public Works Fees: (continued) (ii) Inspection/Issuance Fee: (1) Tier 0 N/A N/A (2) Tier 1 $444 $444 (3) Tier 2 $887 $887 (4) Tier 3 $1,183 $1,183 (5) Tier 4 $2,366 $2,366 (6) Tier 5 $3,550 $3,550 h. Grade and Fill License Fees: Fees shall be based on Tier. (continued) (iii) Solid Waste Fills:1.5 x plan 1.5 x plan  check fee check fee (iv) Annual Licenses of Solid Waste Fills:  1.5 x plan 1.5 x plan  check fee check fee i. (i) Filing fee $250 $250 (ii) Processing fee $250 $250 j. (i) Single family and two family uses annually, fee plus leasehold excise tax1 if applicable $10.00 + LET1 $10.00 + LET1 (ii)0.5% x Value2 LET1 0.5% x Value2 LET1 (iii) (iv) Insurance Required:   (v) Exception for Public Agencies:  2Right‐of‐way value shall be based on the assessed value of the land adjoining the property as established by the King County Assessor k. (i) Filing fee $500 $500 (ii) Appraised Value of Vacated right‐of‐way: (1) Less than $25,000 $750 $750 (2) $25,000 to $75,000 $1,250 $1,250 (3) Over $75,000 $2,000 $2,000 l. (i) (ii) (iii) m.Water or Sewer ‐ Redevelopment: (i) Fee(s) based upon meter(s) proposed for final project minus fee(s) based upon meter existing on site. n.Miscellaneous Fees: (i) Re‐inspection Fee $125 $125 (ii) Plan Revision following Permit Issuance: (1)$250 $250 (2)$1,500 $1,500 The plan check fee for solid waste fills shall be one and one‐half (1‐1/2) times the plan checking fees listed above.  The fee for a grading license authorizing additional work to that under a valid license shall be the difference between  the fee paid for the original license and the fee shown for the entire project.  The fee for annual licenses for solid waste fills shall be one and one‐half (1‐1/2) times the plan checking fees listed  above. The fee for a grading license authorizing additional work to that under a valid license shall be the difference  between the fee paid for the original license and the fee shown for the entire project. Any unused fee may be carried  forward to the next year. If any work is done before the license is issued, the grading license fee shall be doubled. Release of easement fees: The imposition, collection, payment and other specifics concerning this charge are detailed in  chapter 9‐1 RMC, Easements. Revocable Right‐of‐way Permit Fees: All uses without public benefit fee is a per month charge based on property value2 of land to be utilized, plus  leasehold excise tax1, if applicable.  Uses with public benefit fee is a per year of assessed value of land adjoining the property, plus leasehold excise tax1,  if applicable. In no case less than $10.00.  Processing and completion fee, payable upon Council approval of the vacation and upon administrative  determination of appraised value of vacated right‐of‐way. Temporary connections to a City utility system may be granted for a one‐time, temporary, short‐term use of a portion of the  property for a period not to exceed three (3) consecutive years: Storm Water Fee; Fee equal to thirty percent (30%) of the current system development charge applicable to that  portion of the property.* 0.5% x Value2 LET1 0.5% x Value2 LET1 Public Liability and property damage insurance is also required pursuant to RMC 9‐2‐5B, Minimum Permit Requirements for Excess Right‐of‐Way Use. a no‐fee permit may be issued only when the applicant is a public agency  and when the proposed use of the right‐of‐ way provides a direct service to the public (e.g., Metro applications for right‐of‐way for bus shelters). 1There is hereby levied and shall be collected a leasehold excise tax on that act or privilege of occupying or using public owned real or personal property through a leasehold  interest at the rate established by the State of Washington Street and Alley vacation Fees: The imposition, collection, payment and other specifics concerning this charge are detailed in  chapter 9‐14 RMC, Vacations. Water Fee; Annual fee equal to thirty percent (30%) of the current system development charge applicable to the size  of the temporary water meter(s).* 30% of system  development charge 30% of system  development charge 30% of system  development charge 30% of system  development charge Wastewater Fee; Annual fee equal to thirty percent (30%) of the current system development charge applicable to  the size of the temporary domestic water meter(s).* 30% of system  development charge 30% of system  development charge *Fee shall be paid annually (non‐prorated), and shall be nonrefundable, nontransferable (from one portion of the property to another) and shall not constitute a credit to the  system development charge due at the time of permanent use of the utility system. The application for temporary connection shall consist of a detailed plan and a boundary  line of the proposed development service area for use in the fee determination. Credit for existing water or sewer service: Any parcel that currently has water and or sewer service is eligible for a prorated  system development charge. Minor (Results in a change 10% or less than the cost of construction based on the City's bond quantity  worksheet. Excludes minor adjustments that are approved by the City to be shown on record drawings.) Major (Results in a change of greater than 10% of the cost of construction based on the City's bond quantity  worksheet.) AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020 3. Public Works Fees: (continued) (iii) Street Frontage Improvements Fee‐In‐Lieu: (1) Street with existing storm drainage main line $110/LF $113/LF (2) Street with existing conveyance ditch $125/LF $128/LF (iv)$125/hr $125/hr (v)Actual cost Actual cost 4. Technology Surcharge Fee 5.0% 5.0% 5. Impact Fees: a. School Impact Fees: (i) Issaquah School District (1) Single Family Fee $15,276 $14,501 (2) Multi Family, Duplex, & Accessory Dwelling Fee (ADU)$4,399 $9,583 (ii) Kent School District (1) Single Family Fee $5,397 $5,554 (2) Multi Family, Duplex, & Accessory Dwelling Fee (ADU)$2,279 $2,345 (iii) Renton School District (1) Single Family Fee $6,877 $6,862 (2) Multi Family, Duplex, & Accessory Dwelling Fee (ADU)$2,455 $3,582 b. Transportation Impact Fees:1 (i) Light Industrial, per sq foot $6.84 $6.84 (ii)Apartment, per dwelling & Accessory Dwelling Unit (ADU)$4,836.31 $4,836.31 (iii) Church, per sq foot $3.86 $3.86 (iv)Coffee/Donut Shop, no drive up, per sq foot $159.19 $159.19 (v)Coffee/Donut Shop, with drive up, per sq foot $167.21 $167.21 (vi) Condominium & Duplexes per dwelling $4,064.56 $4,064.56 (vii)Convenience market ‐ 24 hour, per sq foot $159.71 $159.71 (viii)Daycare, per sq foot $70.39 $70.39 (ix)Drinking Place, per sq foot $44.31 $44.31 (x)Drive‐in bank, per sq foot $100.64 $100.64 (xi)Fast food, no drive‐up, per sq foot $102.14 $102.14 (xii) Fast food, with drive‐up, per sq foot $130.12 $130.12 (xiii)Gas station with convenience store, per pump $47,025.42 $47,025.42 (xiv)Gas station, per pump $62,872.06 $62,872.06 (xvi) General office, per sq foot $10.50 $10.50 (xvii)Health/fitness club, per sq foot $25.93 $25.93 (xviii) Hospital, per sq foot $5.62 $5.62 (xix)Hotel, per room $3,087.01 $3,087.01 (xx) Manufacturing, per sq foot $5.16 $5.16 (xxvi)Marina, per boat berth $1,646.41 $1,646.41 (xxi) Medical office, per sq foot $23.72 $23.72 (xxii) Mini‐warehouse, per sq foot $1.86 $1.86 (xxiii)Mobile home, per dwelling $4,630.52 $4,630.52 (xxiv) Motel, per room $2,829.76 $2,829.76 (xxv)Movie theater, per seat $463.06 $463.06 (xxvii)Nursing home, per bed $1,286.25 $1,286.25 (xxviii) Restaurant: sit‐down, per sq foot $43.89 $43.89 (xxix)Senior housing ‐ attached, per dwelling $2,109.46 $2,109.46 (xxx) Shopping center, per sq foot $19.14 $19.14 (xxxi)Single family house, per dwelling $7,820.42 $7,820.42 (xxxii) Supermarket, per sq foot $47.39 $47.39 (xxxiii) Net New PM Peak Hour Vehicle Trip (Proposed ‐ Existing), per PM Peak Hour Vehicle Trip $5,415.01 $5,415.01 c.Park Impact Fees:1 (i) Single family $3,945.70 $3,945.70 (ii) Multi‐family: 2 units, Duplexes, & Accessory Swelling Unit (ADU)$3,202.98 $3,202.98 (iii) Multi‐family: 3 or 4 units $3,048.25 $3,048.25 (iv) Multi‐family: 5 or more units $2,676.89 $2,676.89 (v) Mobile home $2,800.67 $2,800.67 d.Fire Impact Fees: (i) Residential ‐ single family (detached dwellings & duplexes), per dwelling unit $829.77 $829.77 (ii) Residential ‐ multi family & Accessory Dwelling Unit (ADU), per dwelling unit $964.53 $964.53 (iii) Hotel/motel/resort, per sq foot $1.29 $1.29 (iv) Medical care facility, per sq foot $3.92 $3.92 (v) Office, per sq foot $0.26 $0.26 (vi) Medical/dental office, per sq foot $1.99 $1.99 (vii) Retail, per sq foot $1.25 $1.25 (viii) Leisure facilities, per sq foot $2.36 $2.36 (ix) Restaurant/lounge, per sq foot $5.92 $5.92 After hours inspection (applies to inspections performed on Saturdays, Sundays, observed City of Renton holidays,  and non‐holiday Monday‐Fridays outside the hours of 7:00am to 3:30pm) Public Works Reimbursement (any work performed by City forces or under City contract on behalf of a permit  applicant to repair damage to the City infrastructure caused by the permit applicant or contractor under its control,  or any and all roadway or right‐of‐way cleanup efforts performed by City forces or under City contract that resulted  from the work performed by the permit applicant or contractors under its control. An additional technology surcharge shall be required for all fees included in the  following Subsections of Section XII, Development  Fees, of the City of Renton Fee Schedule Brochure: Subsection 1, Building Fees; Subsection 2, Land Use Review Fees, except for  appeals, critical areas review fee, and direct EIS costs; Subsections b, e, f, g and h of subsection 3, Public Works Fees; and Section  XIII, Fire Department Fire Marshall Fees AGENDA ITEM # 9. b) City of Renton Fee Schedule 2019‐2020 SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020 5. Impact Fees: (continued) (x) Industrial/manufacturing, per sq foot $0.15 $0.15 (xi) Church, per sq foot $0.56 $0.56 (xii) Education, per sq foot $0.72 $0.72 (xiii) Special public facilities, per sq foot $4.48 $4.48 *(i)‐(ii) is per unit *(iii)‐(xiii) is per square foot SECTION XIII. FIRE DEPARMENT FIRE MARSHALL FEES (RFA)2019 2020 a.Fire plan review and inspection fees: (i) $0 to $249.99 $35 $35 (ii) $250.00 to $999.99 $35 + 2%  of the cost $35 + 2%  of the cost (iii) $1,000.00 to $4,999.99 $60 + 2%  of the cost $60 + 2%  of the cost (iv) $5,000.00 to $49,999.99 $175 + 1.5%  of the cost $175 + 1.5%  of the cost (v) $50,000.00 to $99,999.99 $400 + 1.2%  of the cost $400 + 1.2%  of the cost (vi) $100,000.00 and above $900 + .75%  of the cost $900 + .75%  of the cost (vii)$125 $125 (viii) (ix) (x) Preventable Fire alarm fee: (1) First, second, and third preventable alarms N/C N/C (2) Fourth and fifth preventable alarms in a calendar year, fee is per each alarm.$75 $75 (3)$150 $150 (xi) Late Payment Penalty $35 $35 b.Fire Permit type: (i)$100 $100 (ii) Hazardous materials and HPM facilities yearly $175 $175 (iii) Construction permit:  (iv) Replacement for lost permit, per each $35 $35 (v) (vi) Underground tank removal permit (commercial) See Fire plan review  and construction  permit fees See Fire plan review  and construction  permit fees (vii) Underground tank removal or abandonment‐in‐ place permit (residential)$84 $84 (viii)$125 $125  (ix) NSF check fees $25 $25  (xi)3% 3% 1Per Resolution 4359, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or more  lots and vested as of the adoption date of Res. 4359, through December 31, 2020. Construction Re‐inspection. Fee is per hour with a 2 hour minimum. The minimum may be assessed if the requested inspection does not meet the approval of the inspector. Violation/Second Re‐Inspection after 30‐day period (whenever 30 days or more have passed since Fire Department  notification of a violation, which required a first re‐inspection, and such violation has not been remedied or granted  an extension) $150 $150 Other requested inspection when not required by the fire code.  Fee is per hour with a minimum 1 hr when approved  by the Fire Marshal, such as home daycares RFA technology surcharge fee applied to Fire Department Fire Marshal Fees, subsection a. (i, ii, iii, iv, v, vi) and  subsection b. (iii) 20% of plan review fee  ‐ Min. $52 Hazardous production materials permit (for businesses storing, handling, or using hazardous production materials as  regulated in the fire code) permit is yearly $175 $175 Sixth preventable alarm and successive preventable alarms in a calendar year, fee is per each alarm. Operational fire code permit (issued in accordance with Section 105.6 of the IFC) fee is yearly (includes items such as  fire special events, covered stages, mobile food facilities, hot works, etc.) 20% of plan review fee  ‐ Min. $52 Third Re‐Inspection/Pre‐Citation Follow‐Up Inspection when re‐inspections are required beyond the first and second  re‐inspections $250 $250 AGENDA ITEM # 9. b) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEARS 2019/2020 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 5898, IN THE AMOUNT OF $(11,881,437). WHEREAS, on November 19, 2018, the City Council adopted Ordinance No. 5898 adopting the City of Renton’s 2019/2020 Biennial Budget; and WHEREAS, on April 22, 2019, the Council adopted Ordinance No. 5924 carrying forward funds appropriated in 2018, but not expended in 2018 due to capital project interruptions and delays in invoice payments, which needed to be carried forward and appropriated for expenditure in 2019, which required an adjustment to the 2019/2020 Biennial Budget; and WHEREAS, on July 15, 2019, the Council adopted Ordinance No. 5930 making minor corrections and recognizing grants, contributions and associated costs and new cost items not previously included in the budget, which required additional adjustments to the 2019/2020 Biennial Budget; and WHEREAS, Ordinance No. 5930 also adopted amended job classifications and pay ranges for City employees for 2019; and WHEREAS, on November 18, 2019, the Council adopted Ordinance No. 5939, providing a mid-biennial review pursuant to Chapter 35A.34 RCW, renaming the 1% For Arts Fund 125 to Municipal Arts Fund 125, and adopting amended job classifications and pay ranges for City employees for 2019/2020; and AGENDA ITEM # 9. a) ORDINANCE NO. ________ 2 WHEREAS, on May 4, 2020, the Council adopted Ordinance No. 5969 carrying forward funds appropriated in 2019, but not expended in 2019 due to capital project interruptions and delays in invoice payments, which needed to be carried forward and appropriated for expenditure in 2020; and WHEREAS, Ordinance No. 5969 also created the following new funds: Economic Development Reserve Fund 098, Police Seizure Fund 140, Police CSAM Seizure Fund 141, REET 1 Fund 308, and REET 2 Fund 309, to better track the resources and costs of the City; and WHEREAS, it is necessary to amend the City of Renton’s 2019/2020 Biennial Budget to adjust for budget reductions in response to the COVID-19 pandemic; and WHEREAS, minor corrections and the recognition of grants, contributions and associated costs, additional fund transfers, and new cost items not previously included in the budget require additional adjustments to the 2019/2020 Biennial Budget; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. To adjust for budget reductions in response to the COVID-19 pandemic, make minor corrections and recognize grants, contributions and associated costs, make additional fund transfers, and include new items not previously included in the budget, Ordinance Nos. 5898, 5924, 5930, 5939, and 5969 establishing the City of Renton’s 2019/2020 Biennial Budget are hereby amended in the total amount of $(11,881,437) for an amended total of $833,690,676 over the biennium. SECTION II. The City Council hereby adopts the amended 2019/2020 Biennial Budget. The 2020 2nd Quarter Budget Adjustment Summary by Fund is attached as Exhibit A and the 2019 AGENDA ITEM # 9. a) ORDINANCE NO. ________ 3 Adjusted Budget Summary by Fund is attached as Exhibit B. Detailed lists of adjustments are available for public review in the Office of the City Clerk, Renton City Hall. SECTION III. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2020. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _______________________, 2020. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2111:6/22/2020 AGENDA ITEM # 9. a) ORDINANCE NO. _______ 4 Exhibit A: 2020 2nd Quarter Budget Adjustment Summary by Fund BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE Fund 2020 Beg Fund Bal Changes 2020 Adj. Fund Bal 2020 Budgeted Revenue Changes 2020 Adjusted Revenue 2020 Budgeted Expenditure Changes 2020 Adjusted Expenditure Ending Fund Balance Reserved/ Designated Available Fund Balance 0XX GENERAL FUND 48,056,982 - 48,056,982 125,971,723 5,195,622 131,167,345 134,629,020 (10,466,397) 124,162,622 55,061,705 (11,997,443) 43,064,262 102 ARTERIAL STREETS - - - - - - - - - - - 110 SPECIAL HOTEL-MOTEL TAX 943,889 - 943,889 200,000 - 200,000 429,062 37,500 466,562 677,327 677,327 125 MUNICIPAL ARTS 98,865 - 98,865 180,660 - 180,660 253,790 18,000 271,790 7,735 7,735 127 CABLE COMMUNICATIONS DEVELOPMENT 603,760 - 603,760 97,674 - 97,674 97,674 - 97,674 603,760 603,760 135 SPRINGBROOK WETLANDS BANK 345,658 - 345,658 - - - - - - 345,658 345,658 140 POLICE SEIZURE - - - 671,102 40,000 711,102 - 711,102 711,102 - - 141 POLICE CSAM SEIZURE - - - 126,011 - 126,011 - 126,011 126,011 - - 215 GENERAL GOVERNMENT MISC DEBT SVC 3,999,457 - 3,999,456 8,143,007 - 8,143,007 7,162,386 - 7,162,386 4,980,077 (2,717,575) 2,262,502 303 COMMUNITY SERVICES IMPACT MITIGATION 1,886,999 - 1,886,999 86,500 - 86,500 1,202,364 (256,455) 945,909 1,027,590 1,027,590 305 TRANSPORTATION IMPACT MITIGATION 2,942,344 - 2,942,344 1,435,875 - 1,435,875 2,500,656 (688,669) 1,811,987 2,566,233 2,566,233 308 REET 1 - - - 3,143,855 - 3,143,855 1,775,000 - 1,775,000 1,368,855 1,368,855 309 REET 2 - - - 3,143,855 - 3,143,855 1,775,000 - 1,775,000 1,368,855 1,368,855 316 MUNICIPAL FACILITIES CIP 26,395,567 - 26,395,567 7,970,026 (1,089,455) 6,880,571 30,575,902 1,595,161 32,171,063 1,105,076 1,105,076 317 CAPITAL IMPROVEMENT 18,947,853 - 18,947,853 27,739,809 (611,469) 27,128,339 46,419,080 (1,120,312) 45,298,768 777,424 777,424 326 HOUSING OPPORTUNITY/ECO DEV REVOLVING 2,570,350 - 2,570,350 6,309 - 6,309 2,576,659 - 2,576,659 - - 336 NEW LIBRARY DEVELOPMENT 16,408 - 16,408 - - - - - - 16,408 16,408 346 NEW FAMILY FIRST CENTER DEVELOPMENT 8,551,401 - 8,551,401 75,000 - 75,000 648,948 - 648,948 7,977,453 7,977,453 402 AIRPORT OPERATIONS & CIP 6,259,402 - 6,259,402 3,051,767 - 3,051,767 8,097,828 (249,404) 7,848,424 1,462,745 (185,119) 1,277,626 403 SOLID WASTE UTILITY 2,266,127 - 2,266,127 19,616,816 - 19,616,816 19,476,649 (109,566) 19,367,083 2,515,861 (400,000) 2,115,861 404 GOLF COURSE SYSTEM & CAPITAL 173,750 - 173,750 2,872,920 - 2,872,920 2,650,253 (173,570) 2,476,682 569,988 (601,171) (31,183) 405 WATER OPERATIONS & CAPITAL 37,569,067 - 37,569,067 19,516,652 - 19,516,652 50,487,098 (546,587) 49,940,511 7,145,208 (1,519,861) 5,625,346 406 WASTEWATER OPERATIONS & CAPITAL 19,832,351 - 19,832,351 11,630,784 - 11,630,784 26,039,906 (239,556) 25,800,350 5,662,785 (812,562) 4,850,223 407 SURFACE WATER OPERATIONS & CAPITAL 18,377,556 - 18,377,556 25,542,717 - 25,542,717 31,567,984 (431,882) 31,136,102 12,784,170 (954,204) 11,829,966 416 KING COUNTY METRO 5,961,906 - 5,961,906 17,007,226 - 17,007,226 17,007,226 - 17,007,226 5,961,906 5,961,906 501 EQUIPMENT RENTAL 6,851,811 - 6,851,811 5,662,319 (2,062,605) 3,599,714 6,954,176 (2,138,977) 4,815,199 5,636,326 5,636,326 502 INSURANCE 19,095,508 - 19,095,508 3,390,962 (19,456) 3,371,506 4,249,334 3,580,544 7,829,878 14,637,136 (14,246,164) 390,972 503 INFORMATION SERVICES 4,490,062 - 4,490,062 5,927,868 (418,000) 5,509,868 8,076,416 (441,000) 7,635,416 2,364,515 2,364,515 504 FACILITIES 1,220,276 - 1,220,276 5,328,266 (1,014,615) 4,313,651 6,102,750 (1,023,189) 5,079,561 454,367 454,367 505 COMMUNICATIONS 803,561 - 803,561 1,214,441 (37,315) 1,177,126 1,300,852 (37,315) 1,263,537 717,150 717,150 512 HEALTHCARE INSURANCE 5,151,648 - 5,151,648 12,649,694 - 12,649,694 12,526,781 (26,876) 12,499,905 5,301,437 (3,749,972) 1,551,465 522 LEOFF1 RETIREES HEALTHCARE 15,799,729 - 15,799,729 1,244,462 (1,000,000) 244,462 1,248,243 - 1,248,243 14,795,948 (14,795,948) - 304 FIRE IMPACT MITIGATION 2,120,558 - 2,120,558 99,000 - 99,000 113,808 - 113,808 2,105,750 (2,105,750) - 611 FIREMENS PENSION 7,565,902 - 7,565,902 468,000 - 468,000 200,475 - 200,475 7,833,427 (7,833,427) - Total Other Funds 220,841,765 - 220,841,765 188,243,577 (6,212,915) 182,030,662 291,516,298 (1,415,040) 290,101,258 112,771,168 (49,921,751) 62,849,417 TOTAL ALL FUNDS 268,898,747 - 268,898,747 314,215,300 (1,017,293) 313,198,007 426,145,318 (11,881,437) 414,263,881 167,832,873 (61,919,194) 105,913,679 2 year total 645,182,269 (1,017,293) 644,164,976 845,572,113 (11,881,437) 833,690,676 167,832,873 (61,919,194) 105,913,679 AGENDA ITEM # 9. a) ORDINANCE NO. ________ 5 Exhibit B: 2019 Adjusted Budget Summary by Fund BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE Fund 2019 Beg Fund Bal Changes 2019 Adj Fund Bal 2019 Budgeted Changes 2019 Adjusted 2019 Budgeted Changes 2019 Adjusted Ending Fund Balance Reserved/ Designated Available Fund Balance 0XX GENERAL FUND 44,542,987 - 44,542,987 125,561,221 - 125,561,221 133,793,547 - 133,793,547 36,310,660 (11,374,240) 24,936,420 102 ARTERIAL STREETS 163,671 - 163,671 103,365 - 103,365 267,036 - 267,036 - - 110 SPECIAL HOTEL-MOTEL TAX 722,387 - 722,387 225,000 - 225,000 444,647 - 444,647 502,740 502,740 125 MUNICIPAL ARTS 119,446 - 119,446 102,000 - 102,000 204,683 - 204,683 16,764 16,764 127 CABLE COMMUNICATIONS DEVELOPMENT 529,159 - 529,159 97,674 - 97,674 105,674 - 105,674 521,159 521,159 135 SPRINGBROOK WETLANDS BANK 340,895 - 340,895 - - - - - - 340,895 340,895 215 GENERAL GOVERNMENT MISC DEBT SVC 2,307,173 - 2,307,173 8,444,717 - 8,444,717 7,914,936 - 7,914,936 2,836,954 (2,717,575) 119,379 303 COMMUNITY SERVICES IMPACT MITIGATION 2,578,256 - 2,578,256 86,500 - 86,500 1,200,000 - 1,200,000 1,464,756 1,464,756 305 TRANSPORTATION IMPACT MITIGATION 3,332,524 - 3,332,524 1,020,000 - 1,020,000 2,324,200 - 2,324,200 2,028,324 2,028,324 316 MUNICIPAL FACILITIES CIP 20,675,238 - 20,675,238 20,470,370 - 20,470,370 39,952,505 - 39,952,505 1,193,102 1,193,102 317 CAPITAL IMPROVEMENT 5,492,313 - 5,492,313 40,114,969 - 40,114,969 43,712,273 - 43,712,273 1,895,009 1,895,009 326 HOUSING OPPORTUNITY/ECO DEV REVOLVING 2,582,203 - 2,582,203 21,500 - 21,500 68,900 - 68,900 2,534,803 (2,500,000) 34,803 336 NEW LIBRARY DEVELOPMENT 456,591 - 456,591 - - - 445,591 - 445,591 11,000 11,000 346 NEW FAMILY FIRST CENTER DEVELOPMENT 4,193,806 - 4,193,806 5,075,000 - 5,075,000 1,389,638 - 1,389,638 7,879,168 7,879,168 402 AIRPORT OPERATIONS & CIP 4,985,377 - 4,985,377 3,298,685 - 3,298,685 7,912,888 - 7,912,888 371,174 (181,653) 189,521 403 SOLID WASTE UTILITY 2,276,333 - 2,276,333 19,512,021 - 19,512,021 19,403,677 - 19,403,677 2,384,676 (400,000) 1,984,676 404 GOLF COURSE SYSTEM & CAPITAL 110,812 - 110,812 2,447,340 - 2,447,340 2,354,233 - 2,354,233 203,919 (468,149) (264,230) 405 WATER OPERATIONS & CAPITAL 38,002,973 - - 18,841,192 - 18,841,192 48,784,107 - 48,784,107 8,060,058 (3,033,114) 5,026,944 406 WASTEWATER OPERATIONS & CAPITAL 18,879,201 - 18,879,201 11,582,615 - 11,582,615 24,728,976 - 24,728,976 5,732,840 (1,862,878) 3,869,962 407 SURFACE WATER OPERATIONS & CAPITAL 16,356,030 - 16,356,030 20,608,113 - 20,608,113 26,628,203 - 26,628,203 10,335,940 (1,231,544) 9,104,396 416 KING COUNTY METRO 5,512,418 - 5,512,418 16,922,613 - 16,922,613 16,922,613 - 16,922,613 5,512,418 5,512,418 501 EQUIPMENT RENTAL 6,493,018 - 6,493,018 7,705,395 - 7,705,395 9,249,649 - 9,249,649 4,948,764 4,948,764 502 INSURANCE 18,522,154 - 18,522,154 3,343,143 - 3,343,143 4,216,235 - 4,216,235 17,649,063 (15,874,475) 1,774,588 503 INFORMATION SERVICES 3,934,408 - 3,934,408 6,122,843 - 6,122,843 7,758,840 - 7,758,840 2,298,411 2,298,411 504 FACILITIES 1,376,859 - 1,376,859 5,318,843 - 5,318,843 5,538,128 - 5,538,128 1,157,574 1,157,574 505 COMMUNICATIONS 685,593 - 685,593 1,105,816 - 1,105,816 1,132,460 - 1,132,460 658,949 658,949 512 HEALTHCARE INSURANCE 4,259,511 - 4,259,511 11,027,762 - 11,027,762 11,655,841 - 11,655,841 3,631,432 (3,496,752) 134,680 522 LEOFF1 RETIREES HEALTHCARE 13,876,628 - 13,876,628 1,241,273 - 1,241,273 978,262 - 978,262 14,139,639 (14,139,639) - 304 FIRE IMPACT MITIGATION 1,455,669 - 1,455,669 99,000 - 99,000 128,576 - 128,576 1,426,093 1,426,093 611 FIREMENS PENSION 7,146,983 - 7,146,983 468,000 - 468,000 210,475 - 210,475 7,404,508 (7,404,508) - Total Other Funds 187,367,629 - 187,367,629 205,405,748 - 205,405,748 285,633,247 - 285,633,247 107,140,130 (53,310,287) 53,829,843 TOTAL ALL FUNDS 231,910,616 - 231,910,616 330,966,969 - 330,966,969 419,426,795 - 419,426,795 143,450,790 (64,684,527) 78,766,263 AGENDA ITEM # 9. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-3-050.C.3; 4-3-050.C.4; 4-3-050.G.6.a; 4-3-090.A; 4-3-090.B.3; 4- 3-090.C.3.b; 4-3-090.C.4.b; 4-3-090.D.1; 4-3-090.D.2.c; 4-3-090.D.2.d; 4-3- 090.D.3.b; 4-3-090.D.5; 4-3-090.D.6.d; 4-3-090.D.7.a; 4-3-090.D.7.d; 4-3-090.D.8; 4-3-090.E.1; 4-3-090.E.4.a; 4-3-090.E.5.a.iv(b)(2); 4-3-090.E.7.b.ii(a); 4-3- 090.E.10.e.ii(b); 4-3-090.E.10.e.iii(c); 4-3-090.E.11.a.x; 4-3-090.E.11.d.i(d); 4-3- 090.E.11.d.iv; 4-3-090.F.1; 4-3-090.F.4.a.vi; 4-3-090.F.6.k; 4-4-130.C.9; 4-4- 130.D.3.a.iii; 4-9-070.H.2; 4-9-190.B; 4-9-190.C; 4-9-190.D; 4-9-190.E; 4-9-190.H; 4-9-190.I; 4-9-190.J.11; 4-9-190.M; 4-9-190.O; 4-9-195.D.4.h; AND 4-9-195.D.5; SECTION 4-10-095; AND THE DEFINITION OF "BUFFER, SHORELINES" IN SECTION 4-11-020; THE DEFINITIONS OF "DEVELOPABLE AREA" AND "DEVELOPMENT" IN SECTION 4-11-040; THE DEFINITION OF "FLOODWAY" IN SECTION 4-11-060; THE DEFINITION OF "LOT MEASUREMENTS" IN SECTION 4-11-120; AND THE DEFINITION (FOR RMC 4-3-090, SHORELINE MASTER PROGRAM REGULATIONS, USE ONLY) OF "SETBACK" IN SECTION 4-11-190, OF THE RENTON MUNICIPAL CODE, AMENDING THE CITY'S SHORELINE MASTER PROGRAM REGULATIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on September 6, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on October 17, 2018, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. AGENDA ITEM # 9. b) ORDINANCE NO. ________ 2 SECTION II. The following Renton Municipal Code sections, subsections, and definitions are amended as shown on Exhibit A, which is attached and incorporated as if fully set forth herein: 4-3-050.C.3; 4-3-050.C.4; 4-3-050.G.6.a; 4-3-090.A; 4-3-090.B.3; 4-3-090.C.3.b; 4-3-090.C.4.b; 4-3-090.D.1; 4-3-090.D.2.c; 4-3-090.D.2.d; 4-3-090.D.3.b; 4-3-090.D.5; 4-3-090.D.6.d; 4-3-090.D.7.a; 4-3-090.D.7.d; 4-3-090.D.8; 4-3-090.E.1; 4-3-090.E.4.a; 4-3-090.E.5.a.iv(b)(2); 4-3-090.E.7.b.ii(a); 4-3-090.E.10.e.ii(b); 4-3-090.E.10.e.iii(c); 4-3-090.E.11.a.x; 4-3-090.E.11.d.i(d); 4-3-090.E.11.d.iv; AGENDA ITEM # 9. b) ORDINANCE NO. ________ 3 4-3-090.F.1; 4-3-090.F.4.a.vi; 4-3-090.F.6.k; 4-4-130.C.9; 4-4-130.D.3.a.iii; 4-9-070.H.2; 4-9-190.B; 4-9-190.C; 4-9-190.D; 4-9-190.E; 4-9-190.H; 4-9-190.I; 4-9-190.J.11; 4-9-190.M; 4-9-190.O; 4-9-195.D.4.h; 4-9-195.D.5; 4-10-095; The definition of "Buffer, Shorelines" in 4-11-020; The definitions of "Developable Area" and "Development" in 4-11-040; The definition of "Floodway" in 4-11-060; The definition of "Lot Measurements" in 4-11-120; and The definition (for RMC 4-3-090, Shoreline Master Program Regulations, use only) of "Setback" in 4-11-190. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. AGENDA ITEM # 9. b) ORDINANCE NO. ________ 4 SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2020. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2020. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2059:5/28/2020 AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 1 EXHIBIT A CONTENTS 4-3-050 Critical Areas Regulations: ...................................................................................................... 8 C. Exempt, Prohibited and Nonconforming Activities: ......................................................................................... 8 1. Permit Required: ............................................................................................................................................... 8 2. Letter of Exemption: ......................................................................................................................................... 8 3. Exemptions – Critical Areas and Buffers: ..................................................................................................... 9 4. Exemptions – In Buffers Only:....................................................................................................................... 19 5. Prohibited Activities ........................................................................................................................................ 21 6. Nonconforming Activities or Structures........................................................................................................ 23 4-3-050 Critical Areas Regulations – Development Standards: .......................................................... 24 G. DEVELOPMENT STANDARDS: .......................................................................................................................... 24 6. Habitat Conservation Areas: ........................................................................................................................ 24 4-3-090 Shoreline Master Program Regulations: ................................................................................ 25 A. PROGRAM ELEMENTS: ....................................................................................................................................... 25 B. REGULATED SHORELINES: ................................................................................................................................. 26 1. Shorelines of Statewide Significance: ......................................................................................................... 26 2. Shorelines: ........................................................................................................................................................ 26 3. The Jurisdictional Area Includes: .................................................................................................................. 26 C. SHORELINES OVERLAY DISTRICTS: ................................................................................................................. 27 1. Natural Environment Overlay District: ........................................................................................................ 27 2. Urban Conservancy Overlay District: ......................................................................................................... 27 3. Single Family Residential Overlay District: ................................................................................................ 28 4. Shoreline High Intensity Overlay District: ................................................................................................... 28 5. Shoreline High Intensity – Isolated Lands – Overlay District: ................................................................. 29 6. Aquatic Shoreline Overlay District: ............................................................................................................. 30 D. GENERAL DEVELOPMENT STANDARDS: ........................................................................................................ 30 1. Applicability: ................................................................................................................................................... 30 AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 2 2. Environmental Effects: .................................................................................................................................... 30 3. Use Compatibility and Aesthetic Effects: .................................................................................................... 48 4. Public Access: ................................................................................................................................................... 49 5. Building and Development Location – Shoreline Orientation: ................................................................ 57 6. Archaeological, Historical, and Cultural Resources: ................................................................................. 59 7. Standards for Density, Setbacks, and Height: .......................................................................................... 60 8. Private Property Rights: ................................................................................................................................. 69 9. Treaty Rights: ................................................................................................................................................... 69 E. USE REGULATIONS: ............................................................................................................................................ 70 1. Shoreline Use Table: ...................................................................................................................................... 70 2. Aquaculture: ..................................................................................................................................................... 77 3. Boat Launching Ramps: .................................................................................................................................. 77 4. Commercial and Community Services: ........................................................................................................ 79 5. Industrial Use: .................................................................................................................................................. 81 6. Marinas: ............................................................................................................................................................ 83 7. Piers and Docks: .............................................................................................................................................. 86 8. Recreation: ....................................................................................................................................................... 96 9. Residential Development: .............................................................................................................................. 98 10. Transportation: ........................................................................................................................................... 100 11. Utilities: ........................................................................................................................................................ 105 F. SHORELINE MODIFICATION: .......................................................................................................................... 112 1. Vegetation Conservation: ........................................................................................................................... 112 2. Landfill and Excavation: ............................................................................................................................. 123 3. Dredging: ...................................................................................................................................................... 125 4. Shoreline Stabilization: ............................................................................................................................... 129 5. Flood Control: ............................................................................................................................................... 135 6. Stream Alteration: ....................................................................................................................................... 136 4-4-130 Tree Retention and Land Clearing Regulations: .................................................................. 138 C. ALLOWED TREE REMOVAL ACTIVITIES:....................................................................................................... 138 1. Emergency Situations: ................................................................................................................................. 138 2. Dangerous Trees: ......................................................................................................................................... 138 AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 3 3. Maintenance Activities/Essential Tree Removal – Public or Private Utilities, Roads and Public Parks: .................................................................................................................................................................. 138 4. Installation of SEPA Exempt Public or Private Utilities: ......................................................................... 138 5. Existing and Ongoing Agricultural Activities: ......................................................................................... 138 6. Commercial Nurseries or Tree Farms: ...................................................................................................... 138 7. Public Road Expansion: ............................................................................................................................... 138 8. Site Investigative Work: ............................................................................................................................. 138 9. Minor Tree Removal Activities: .................................................................................................................. 139 10. Landscaping or Gardening Permitted: ................................................................................................. 140 11. Operational Mining/Quarrying: ............................................................................................................ 141 12. Utilities, Traffic Control, Walkways, Bikeways within Existing, Improved Rights-of-Way or ..... 141 13. Land Development Permit Required: ..................................................................................................... 141 D. PROHIBITED ACTIVITIES: ................................................................................................................................. 141 1. Tree Cutting in Advance of Issuance of Land Development Permit: ................................................... 141 2. Tree Cutting or Vegetation Management without Required Routine Vegetation Management Permit: ................................................................................................................................................................. 141 3. Restrictions for Critical Areas – General: ............................................................................................... 141 4. Restrictions for Native Growth Protection Areas: .................................................................................. 142 5. Tree Topping: ............................................................................................................................................... 142 6. Removal of Landmark Tree: ...................................................................................................................... 142 4-9-070 Environmental Review Procedures: ..................................................................................... 143 4-9-190 Shoreline Permits: ................................................................................................................ 145 A. PURPOSE: .......................................................................................................................................................... 145 B. SHORELINE DEVELOPMENT APPROVAL: ..................................................................................................... 145 1. Development Compliance: ......................................................................................................................... 145 2. Shoreline Overlay: ...................................................................................................................................... 145 3. Substantial Development Permit: .............................................................................................................. 145 4. Shoreline Conditional Use Permit:............................................................................................................. 146 5. Shoreline Variance: ..................................................................................................................................... 146 6. Land Division: ................................................................................................................................................ 146 7. Approval Criteria: ....................................................................................................................................... 146 AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 4 8. Written Findings Required: ........................................................................................................................ 147 9. Building Permit Compliance: ...................................................................................................................... 147 10. Restoration Project Relief: ....................................................................................................................... 147 C. EXEMPTIONS FROM PERMIT SYSTEM: ......................................................................................................... 149 1. ......................................................................................................................................................................... 149 D. EXEMPTION CERTIFICATE PROCEDURES: .................................................................................................... 155 1. Application Required: ................................................................................................................................. 155 2. Consistency Required: ................................................................................................................................. 155 3. Conditions Authorized: ................................................................................................................................ 155 4. Permit Required if Project Not Exempt in Part: ...................................................................................... 155 E. SHORELINE PERMIT APPLICATION PROCEDURES: ..................................................................................... 155 1. Information Prior to Submitting a Shoreline Substantial Development Permit Application:........... 155 2. Shoreline Substantial Development Permit Required: ........................................................................... 156 3. Shoreline Substantial Development .......................................................................................................... 156 4. Secondary Review by Independent Qualified Professionals: ............................................................. 156 5. Public Notice: ................................................................................................................................................ 156 6. Standard Public Comment Time: ............................................................................................................... 157 7. Special Public Comment Time: ................................................................................................................... 157 8. Review Guidelines: ...................................................................................................................................... 157 9. Conditional Approval: ................................................................................................................................ 157 10. Notification: ................................................................................................................................................ 157 F. REVIEW CRITERIA: ............................................................................................................................................ 157 1. General: ........................................................................................................................................................ 157 2. Additional Information: ............................................................................................................................... 158 3. Procedural Amendments: ............................................................................................................................ 158 4. Burden of Proof on Applicant:................................................................................................................... 158 G. SURETY DEVICES: ............................................................................................................................................ 158 H. ADMINISTRATIVE APPEALS: ........................................................................................................................... 158 I. VARIANCES AND CONDITIONAL USES: ....................................................................................................... 159 1. Purpose: ......................................................................................................................................................... 159 2. Authority: ....................................................................................................................................................... 159 AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 5 a. Conditional Use Permits: ............................................................................................................................. 159 b. Variances: ..................................................................................................................................................... 159 c. State Department of Ecology Decision: .................................................................................................... 159 d. Time Limit, Permit Validity, and Appeals: ............................................................................................... 159 3. Maintenance of Permitted Uses Allowed: ............................................................................................... 160 4. Variances: ..................................................................................................................................................... 160 5. Conditional Use: ........................................................................................................................................... 162 J. TIME REQUIREMENTS FOR SHORELINE PERMITS: ....................................................................................... 163 1. Applicability: ................................................................................................................................................ 163 2. Unspecified Time Limits: .............................................................................................................................. 163 3. Discretionary Time Limits for Shoreline Substantial Developments: .................................................... 163 4. Discretionary Time Limits for Shoreline Conditional Uses or Shoreline Variances: .......................... 163 5. Extension Requests: ...................................................................................................................................... 164 6. Standard Period of Validity:..................................................................................................................... 164 7. Certification of Construction Commencement: ........................................................................................ 164 8. Time Allowed for Construction Completion: ............................................................................................ 164 9. Effective Date of Filing: .............................................................................................................................. 164 10. Notification to City of Other Permits and Legal Actions: .................................................................. 165 11. Permit Processing Time: ............................................................................................................................ 165 12. Construction Not Authorized Until Proceedings Completed: ............................................................. 165 13. Special Allowance for Construction: ...................................................................................................... 165 K. RULINGS TO STATE: ........................................................................................................................................ 165 L. TRANSFERABILITY OF PERMIT: ........................................................................................................................ 166 M. ENFORCEMENT: ............................................................................................................................................... 166 N. RESCISSION OF PERMITS: .............................................................................................................................. 166 1. Noncompliance with Permit: ....................................................................................................................... 166 2. Notice of Noncompliance: .......................................................................................................................... 166 3. Posting: .......................................................................................................................................................... 166 4. Public Hearing: ............................................................................................................................................. 166 5. Final Decision: ............................................................................................................................................... 166 O. APPEALS: ........................................................................................................................................................... 166 AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 6 P. VIOLATIONS AND PENALTIES: ...................................................................................................................... 167 1. Prosecution: ................................................................................................................................................... 167 2. Injunction: ....................................................................................................................................................... 167 3. Violators Liable for Damages: .................................................................................................................. 167 Q. SHORELINE MORATORIUM: .......................................................................................................................... 167 4-9-195 Routine Vegetation Management Permits ........................................................................... 169 A. PURPOSE: .......................................................................................................................................................... 169 B. AUTHORITY:....................................................................................................................................................... 169 C. APPLICABILITY: ................................................................................................................................................. 169 D. PROCEDURES AND REVIEW CRITERIA: ........................................................................................................ 169 1. Submittal: ...................................................................................................................................................... 169 2. Information Required: ................................................................................................................................. 169 3. Time: ............................................................................................................................................................... 169 4. Review Criteria: ........................................................................................................................................... 169 5. Routine Vegetation Management Permit Conditions: ........................................................................... 170 6. Time Limits for Routine Vegetation Management Permits: ................................................................... 171 E. APPEALS: ............................................................................................................................................................ 171 F. VIOLATIONS AND PENALTIES: ....................................................................................................................... 171 4-10-095 Shoreline Master Program, Nonconforming Uses, Activities, Structures, and Sites ........... 172 A. NONCONFORMING STRUCTURES: ............................................................................................................. 172 B. NONCONFORMING USES: ............................................................................................................................ 172 C. NONCONFORMING SITE: ............................................................................................................................. 172 D. PRE-EXISTING LEGAL LOT: RESERVED. ........................................................................................................ 172 E. CONTINUATION OF USE: ............................................................................................................................... 172 F. PARTIAL AND FULL COMPLIANCE, ALTERATION OF AN EXISTING STRUCTURE OR SITE: ................ 173 1. Partial Compliance for Non-Single -Family Development: .................................................................. 173 2. Partial Compliance for Single Family Development: ............................................................................ 177 *The full buffer/setback as required in RMC 4-3-090.D.7.a, Shoreline Bulk Standards, or as modified under RMC 4-3-090.F.1, Vegetation Conservation. ................................................................ 179 4-11-020 DEFINITIONS B:.................................................................................................................. 180 AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 7 4-11-040 Definitions D: ..................................................................................................................... 180 DEVELOPMENT: ................................................................................................................................................ 180 4-11-060 DEFINITIONS F: .................................................................................................................. 180 4-11-120 DEFINITIONS L: .................................................................................................................. 181 4-11-190 DEFINITIONS S: .................................................................................................................. 182 AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 8 4-3-050 CRITICAL AREAS REGULATIONS: C. EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES: 1. Permit Required: a. Development or Alteration: Prior to any development or alteration of a property containing a critical area as defined in subsection B of this Section, entitled Applicability, the owner or designee must obtain a development permit, critical area permit, and/or letter of exemption. No separate critical area permit is required for a development proposal which requires development permits or which has received a letter of exemption. b. Operating and Closure Permits – Wellhead Protection Areas: Wellhead Protection Areas operating permit and closure permit requirements are contained in RMC 4-9-015, Aquifer Protection Areas Permits. 2. Letter of Exemption: a. Flood Hazard Areas, Geologically Hazardous Areas, Habitat Conservation Areas, Streams and Lakes, Wellhead Protection Areas, Wetlands: Except in the case of public emergencies, all other exemptions in this subsection C may require that a letter of exemption be obtained from the Administrator prior to construction or initiation of activities. b. Applicability of Requirements to Exempt Activities: Exempt activities provided with a letter of exemption may intrude into the critical area or required buffer subject to any listed conditions or requirements. Exempt activities do not need to comply with mitigation ratios of subsection J of this Section unless required in exemption criteria. c. Reports and Mitigation Plans Required: A critical area report, and/or enhancement or mitigation plan shall be required pursuant to subsections F and L of this Section, unless otherwise waived by the Administrator. d. Admi nistrator Findings: In determining whether to issue a letter of exemption for activities listed in this subsection C, the Administrator shall find that: i. The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulation; AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 9 ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; iv. Where water body or buffer disturbance has occurred in accordance with an exemption during construction or other activities, revegetation with native vegetation shall be required; v. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Administrator may require compliance with the Wellhead Protection Area requirements of this Section otherwise relevant to that hazardous material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data. 3. Exemptions – Critical Areas and Buffers: Exempt activities are listed in the following table. If an “X” appears in a box, the listed exemption applies in the specified critical area and required buffer. If an “X” does not appear in a box, then the exemption does not apply in the particular critical area or required buffer. Where utilized in the following table the term “restoration” means returning the subject area back to its original state or better following the performance of the exempt activity. Activities taking place in critical areas and their associated buffers and listed in the following table are exempt from the applicable provisions of this Section, provided a letter of exemption has been issued. Whether the exempted activities are also exempt from permits will be determined based upon application of chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code. All activities within shoreline jurisdiction are subject to Shoreline Master Program Regulations in RMC 4-3-090 and 4-10-095. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 10 EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Flood Hazard Areas Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Type F, Np, & Ns Wellhead Protection Areas Wetlands a. Conservation, Enhancement, Education and Related Activities: i. Natural Resource/Habitat Conservation or Preservation2 X X X X X1 X ii. Enhancement activities as defined in Chapter 4-11 RMC X X X X X iii. Approved Restoration/Mitigation3 X X X X X1 X b. Research and Site Investigation: i. Nondestructive Education and Research X X X X X1 X ii. Site Investigative Work4 X X X X X1 X c. Agricultural, Harvesting, Vegetation Management: i. Harvesting Wild Foods5 X X X X X1 X ii. Existing/Ongoing Agricultural Activities6 X X X X X iii. Dangerous Trees7 X X X X8 X1 X8 d. Surface Water: i. New Surface Water Discharges9 X X X AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 11 EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Flood Hazard Areas Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Type F, Np, & Ns Wellhead Protection Areas Wetlands ii. Modification of existing Regional Stormwater Facilities10 X iii. Flood Hazard Areas Reduction11 X X iv. Storm Drainage Piping12 X e. Roads, Parks, Public and Private Utilities18: i. Relocation of Existing Utilities out of Critical Area and Buffer13 X X X X X1 X ii. Maintenance, Operation, and Repair of New trails, existing Parks, Trails, Roads, Facilities, and Utilities – Maintenance, Operation, Repair, and the Construction of New Trails14 X X X X iii. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right-of- Way or Easements15 X X X X iv. Modification of Existing Utilities and Streets by Ten Percent (10%) or Less16 X X17 X17 f. Temporary Wetland Impacts: AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 12 EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Flood Hazard Areas Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Type F, Np, & Ns Wellhead Protection Areas Wetlands i. Temporary Wetland Impacts19 X X g. Maintenance and Construction – Existing Uses and Facilities: i. Remodeling, Replacing, Removing Existing Structures, Facilities, and Improvements20 X X X X ii. Maintenance and Repair – Any Existing Public or Private Use21 X X X X iii. Modification of an Existing Single Family Dwelling22 X X X X iv. Existing Activities23 X X X X X h. Emergency Activities: i. Emergency Activities24, 25, 26, 27 X X X X X1 X i. Hazardous Materials: i. Federal or State Preemption28 X1 ii. Use of Materials with No Risk29 X1 Footnotes: AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 13 1. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Administrator may require compliance with the Wellhead Protection Area requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 2. Conservation or preservation of soil, water, vegetation, fish and other wildlife. Within shoreline jurisdiction this includes watershed restoration projects as defined in WAC 173-27-040(2)(o) or projects to improve fish or wildlife habitat or fish passage approved by the Washington State Department of Fish and Wildlife as described in WAC 173-27-040(2)(p). 3. Any critical area and/or buffer restoration or other mitigation activities which have been approved by the City. Within shoreline jurisdiction this includes watershed restoration projects as defined in WAC 173-27-040(2)(o) or projects to improve fish or wildlife habitat or fish passage approved by the Washington State Department of Fish and Wildlife as described in WAC 173-27- 040(2)(p). 4. Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities. Investigative work shall not disturb any more than five percent (5%) of the critical area and required buffer. In every case, impacts shall be minimized and disturbed areas shall be immediately restored at a one-to-one (1:1) ratio. Within shoreline jurisdiction, this includes the marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with the normal public use of the surface water. Limitations on site exploration and investigative activities are defined in WAC 173-27-040(2)(m) for properties within shoreline jurisdiction. 5. The harvesting of wild foods in a manner that is not injurious to natural reproduction of such foods and provided the harvesting does not require tilling of soil, planting of crops or alteration of the critical area. 6. Existing and ongoing agricultural activities including farming, horticulture, aquaculture and/or maintenance of existing irrigation systems. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation; provided, that the agricultural activity must have been conducted within the last five (5) years. Activities that bring a critical area into agricultural use are not part of an ongoing operation. Maintenance of existing legally installed irrigation, ditch and pipe systems is allowed; new or expanded irrigation, ditch, outfall or other systems are not exempt. If it is necessary to reduce the impacts of agricultural practices to critical areas, a farm management plan may be required based on the King County Conservation District’s Farm Conservation and AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 14 Practice Standards, or other best management practices. Within shoreline jurisdiction practices normal or necessary for farming are defined in WAC 173-27-040(2)(e). 7. Removal of non-native invasive ground cover or weeds listed by King County Noxious Weed Board or other government agency or dangerous trees, as defined in Chapter 4-11 RMC which have been approved by the City and certified dangerous by a licensed landscape architect, or certified arborist, selection of whom to be approved by the City based on the type of information required. 8. Limited to cutting of dangerous trees; such hazardous trees shall be retained as large woody debris in critical areas and/or associated buffers, where feasible. 9. New surface water discharges in the form of dispersion trenches, outfalls and bioswales are allowed within the outer twenty five percent (25%) of the buffer of a Category III or IV wetland only provided that: the discharge meets the requirements of the Storm and Surface Water Drainage Regulations Drainage (Surface Water) Standards (RMC 4-6-030); no other location is feasible; and will not degrade the functions or values of the wetland or stream. Where differences exist between these regulations and RMC 4-6-030, these regulations will take precedence. 10. Modifications to existing regional stormwater management facilities operated and maintained under the direction of the City Surface Water Utility that are designed consistent with the current version of the Washington State Department of Ecology Wetlands and Stormwater Management Guidelines Manual or meeting equivalent objectives. 11. Implementation of public flood hazard areas reduction and public surface water projects, where habitat enhancement and restoration at a one-to-one (1:1) ratio are provided, and appropriate Federal and/or State authorization has been received. 12. Installation of new storm drainage lines in any geologic hazard area when a geotechnical report clearly demonstrates that the installation would comply with the criteria listed in RMC 4-3- 050.J.1 and that the installation would be consistent with each of the purposes of the critical area regulations listed in RMC 4-3-050.A. Also, to qualify for the exemption, the report must propose appropriate mitigation for any potential impacts identified in the report. 13. Relocation out of critical areas and required buffers of natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment and appurtenances (not including substations), with an associated voltage of fifty five thousand (55,000) volts or less, only when AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 15 required by a local governmental agency, and with the approval of the City. Disturbed areas shall be restored. 14. Normal and routine maintenance, operation and repair of existing parks, and trails, or the construction of new trails, streets, roads, rights-of-way and associated appurtenances, facilities and utilities where no alteration or additional fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities or to construct new trails to meet established safety standards. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. 15. Within existing and improved public road rights-of-way or easements, installation, construction, replacement, operation, overbuilding or alteration of all natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right-of-way, this exemption does not apply. Where applicable, restoration of disturbed areas shall be completed. Within shoreline jurisdiction the exemption also applies to any project with a certification from the governor pursuant to chapter 80.50 RCW. 16. Overbuilding (enlargement beyond existing project needs) or replacement of existing utility systems and replacement and/or rehabilitation of existing streets, provided: a. The work does not increase the footprint of the structure, line or street by more than ten percent (10%) within the critical area and/or buffer areas, and occurs in the existing right-of-way boundary or easement boundary. b. Restoration shall be conducted where feasible. Compensation for impacts to buffers shall include enhancement of the remaining buffer area along the impacted area where there is enhancement opportunity. c. The Administrator determines that, based on best judgment, a person would not: (i) be able to meaningfully measure, detect, or evaluate insignificant effects; or (ii) expect discountable effects to occur. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 16 d. This exemption allows for ten percent (10%) maximum expansion total, life of the project. After the ten percent (10%) expansion cap is reached, future improvements are subject to all applicable provisions of this Section. 17. Exemption is not allowed in Category I wetlands. 18. Maintenance activities, including routine vegetation management and essential tree removal, and removal of non-native invasive vegetation or weeds listed by the King County Noxious Weed Board or other government agency, for public and private utilities, road rights-of-way and easements, and parks. 19. Temporary disturbances of a wetland due to construction activities that do not include permanent filling may be permitted; provided, that there are no permanent adverse impacts to the critical area or required buffer, and areas temporarily disturbed are restored at a one-to-one (1:1) ratio. Category I wetlands and Category II forested wetlands shall be enhanced at a two-to-one (2:1) ratio in addition to being restored. For Habitat Conservation Areas, this exemption applies only to Category I wetlands. 20. Remodeling, restoring, replacing or removing structures, facilities and other improvements in existence or vested on the date this Section becomes effective and that do not meet the setback or buffer requirements of this Section provided the work complies with the criteria in RMC 4-10-090. 21. Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility or public structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. Normal maintenance and repair for structures within shoreline jurisdiction is defined by WAC 173-27-040(2)(b). 22. Additions and alterations of an existing single family residence and/or garage (attached or detached); provided, that the addition/alteration does not increase the footprint of the structure lying within the critical area or buffer; and provided, that no portion of the addition/alteration occurs closer to the critical area or required buffers than the existing structure unless the structure or addition can meet required buffers. Existing or rebuilt accessory structures associated with single family dwelling and rebuilt with the same footprint such as fences, gazebos, storage sheds, and play houses are AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 17 exempt from this Section. New accessory structures may be allowed when associated with single family dwellings such as fences, gazebos, storage sheds, play houses and when built on and located in a previously legally altered area. 23. Existing activities which have not been changed, expanded or altered, provided they comply with the applicable requirements of chapter 4-10 RMC. 24. Emergency activities are those which are undertaken to correct emergencies that threaten the public health, safety and welfare. An emergency means that an action must be undertaken immediately or within a time frame too short to allow full compliance with this Section, to avoid an immediate threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation. Within shoreline jurisdiction, emergency activities are defined by WAC 173-27-040(2)(d). 25. Emergency tree and/or ground cover removal by any City department or agency and/or public or private utility involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility. 26. Emergency activities in Wellhead Protection Areas: Public interest emergency use, storage, and handling of hazardous materials by governmental organizations. 27. Temporary emergency exemptions shall be used only in extreme cases and not to justify poor planning by an agency or applicant. Issuance of an emergency permit by the City does not preclude the necessity to obtain necessary approvals from appropriate Federal and State authorities. Notwithstanding the provisions of this Section or any other City laws to the contrary, the Administrator may issue a temporary emergency exemption letter if the action meets the requirements: a. An unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; b. The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this Section and other applicable laws; c. Any emergency exemption letter granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for nonemergency activities under this Section. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 18 d. The emergency exemption shall be consistent with the following procedural and time requirements: i.a. The emergency shall be limited in duration to the time required to complete the authorized emergency activity; provided, that no emergency permit be granted for a period exceeding ninety (90) days except as specified in RMC 4-3-050C. ii.b. Any critical area altered as a result of the emergency activity must be restored within the ninety (90) day period, except that if more than ninety (90) days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration. For the purposes of this paragraph, restoration means returning the affected area to its state prior to the performance of the emergency activity. iii.c. Notice of the issuance of the emergency permit and request for public comments shall be posted at the affected site(s) and City Hall no later than ten (10) days after the issuance of the emergency permit. If significant comments are received, the City may reconsider the permit. iv.d. Expiration of Exemption Authorization: The emergency exemption authorization may be terminated at any time without process upon a determination by the Administrator that the action was not or is no longer necessary to protect human health or the environment. 28. Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency. 29. Use, storage, and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Department. 30. Normal protective bulkhead is defined in WAC 173-27-040(2)(c). 31. The construction of docks are defined and limited by WAC 173-27-040(2)(h). 32. The operation, maintenance, or construction of facilities as part of an irrigation system are defined in WAC 173-27-040(2)(i). 33. Limitations on the removal and control of aquatic noxious weeks is defined in WAC 173-27- 040(2)(n). AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 19 4. Exemptions – In Buffers Only: The activities listed in the following table are allowed within critical area buffers, and are exempt from the applicable provisions of this Section, provided a letter of exemption has been issued pursuant to this subsection C. If an “X” appears in a box, the listed exemption applies in the specified buffer. If an “X” does not appear in a box, then the exemption does not apply in the required buffer. Whether the exempted activities are also exempt from permits will be determined based upon application of chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code. All activities within shoreline jurisdiction are subject to Shoreline Master Program Regulations in RMC 4-3-090 and 4-10-095. EXEMPTIONS WITHIN CRITICAL AREA BUFFERS EXEMPT ACTIVITY Flood Hazard Areas Geologic Hazard Area Habitat Conservation Areas Streams and Lakes: Types F, Np, & Ns Wellhead Protection Areas Wetlands a. Activities in Critical Area Buffers: i. Trails and Open Space1 X X X X ii. Stormwater Treatment and Flow Control Facilities in Buffer2 X iii. Stormwater Conveyance in Buffer3 X X X Footnotes: 1. Walkways and trails, and associated open space in critical area buffers located on public property, or where easements or agreements have been granted for such purposes on private property. All of the following criteria shall be met: a. The trail, walkway, and associated open space shall be consistent with the Parks, Recreation, and Natural Areas Plan. The City may allow private trails as part of the approval of a site plan, subdivision or other land use permit approvals. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 20 b. Trails and walkways shall be located in the outer twenty five percent (25%) of the buffer, i.e., the portion of the buffer that is farther away from the critical area. Exceptions to this requirement may be made for: i. Trail segments connecting to existing trails where an alternate alignment is not practical. ii. Public access points to water bodies spaced periodically along the trail. c. Enhancement of the buffer area is required where trails are located in the buffer. Where enhancement of the buffer area abutting a trail is not feasible due to existing high quality vegetation, additional buffer area or other mitigation may be required. d. Trail widths shall be a maximum width of twelve feet (12'). Trails shall be constructed of permeable materials which protect water quality, allow adequate surface water and ground water movements, do not contribute to erosion, are located where they do not disturb nesting, breeding, and rearing areas, and designed to avoid or reduce the removal of trees. Impervious materials may be allowed if pavement is required for handicapped or emergency access, or safety, or is a designated nonmotorized transportation route or makes a connection to an already dedicated trail, or reduces potential for other environmental impacts. e. Any crossing over a stream or wetland shall be generally perpendicular to the critical area and shall be accomplished by bridging or other technique designed to minimize critical area disturbance. It shall also be the minimum width necessary to accommodate the intended function or objective. 2. Stormwater management facilities shall not be built within a critical area buffer except as allowed in Reference 5, Wetlands Protection Guidelines of the City’s Surface Water Design Manual and shall require buffer enhancement or buffer averaging when they are sited in areas of forest vegetation, provided the standard buffer zone area associated with the critical area classification is retained pursuant to RMC 4-3-050G2, and is sited to reduce impacts between the critical area and surrounding activities. 3. Necessary conveyance systems including stormwater dispersion outfall systems designed to minimize impacts to the buffer and critical area, where the site topography requires their location within the buffer to allow hydraulic function, provided the standard buffer zone area associated with the critical area classification is retained pursuant to RMC 4-3-050G2, and is sited to reduce impacts between the critical area and surrounding activities. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 21 4. WAC 173-27-040(2)(g) defines and identifies the limitations on the construction of a single family home and appurtenances. Single family residences and appurtenances must be located landward of the ordinary high water mark and the perimeter of a wetland. Based on the results of a critical area report, and/or enhancement or mitigation plan, the City shall condition development to require buffer enhancement or buffer averaging, site design that reduces impacts between the critical area and surrounding activities, and a building setback. 5. Prohibited Activities: Prohibited activities are identified below for each critical area governed by this Section. No action shall be taken by any person, company, agency, or applicant which results in any alteration of a critical area except as consistent with the purpose, objectives, and requirements of this Section. a. Floodways: Encroachments, including fill, new construction, substantial improvements, and construction or reconstruction of residential structures is prohibited within designated floodways, unless it meets the provisions of subsection G4e of this Section, Additional Restrictions within Floodways. b. Streams/Lakes and Wetlands: Grazing of animals is not allowed within a stream, lake, wetland or their associated buffers. c. Wellhead Protection Areas: i. All Wellhead Protection Areas – Pesticides and Fertilizers: The application of hazardous materials such as pesticides or fertilizers containing nitrates within one hundred feet (100') of a well or two hundred feet (200') of a spring. ii. Zone 1, as identified in subsection G8 of this Section: (a) Changes in land use and types of new facilities in which any of the following will be on the premises: (1) More than five hundred (500) gallons of hazardous material; (2) More than one hundred fifty (150) gallons of hazardous material in containers that are opened and handled; (3) Containers exceeding five (5) gallons in size; or (4) Tetrachloroethylene (e.g., dry-cleaning fluid); AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 22 (b) Surface impoundments (as defined in Chapters 173-303 and 173-304 WAC); (c) Hazardous waste treatment, storage, and disposal facilities; (d) All types of landfills, including solid waste landfills; (e) Transfer stations; (f) Septic systems; (g) Recycling facilities that handle hazardous materials; (h) Underground hazardous material storage and/or distribution facilities; (i) New heating systems using fuel oil except for commercial uses when the source of fuel oil is an existing above-ground waste oil storage tank; (j) Petroleum product pipelines; (k) Hazardous materials use on the site in quantities greater than that allowed for new facilities as provided in subsection C5ciia of this Section, changes in land use and types of new facilities, of this subsection, once a facility is closed, relocated, or the use of hazardous materials is terminated, reinstatement of the use of hazardous materials shall be prohibited; (l) Facility closure, sale, transfer or temporary or permanent abandonment in a Wellhead Protection Area without complying with the requirements of RMC 4-9-015F, Closure Permit, and permit conditions of this Section; and (m) Facility changes in operations that increase the aggregate quantity of hazardous materials stored, handled, treated, used, or produced with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility as provided by subsection C5ciia of this Section, changes in land use and types of new facilities, of this Section. iii. Zone 2, as identified in subsection G8 of this Section: (a) Surface impoundments (as defined in Chapters 173-303 and 173-304 WAC); (b) Recycling facilities that handle hazardous materials; AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 23 (c) Hazardous waste treatment, storage, and disposal facilities; (d) Solid waste landfills; (e) Transfer stations; (f) New heating systems using fuel oil stored in underground storage tanks; and (g) Petroleum product pipelines. iv. Zone 1 Modified, as identified in subsection G8 of this Section: The prohibitions of Zone 1 Modified are the same as Zone 1 with the exceptions as follows: (a) Hazardous Materials Inventory: Existing facilities are not subject to the five hundred (500) gallons maximum hazardous material quantity limitation in Zone 1 and therefore don’t have to reduce inventory or relocate. Proposed facilities are subject to the maximum quantity. (b) Septic Tanks: Existing septic tanks are allowed to remain and new septic tanks are allowed if City sewers are not available. (c) Surface Water Management: Infiltration of runoff is allowed and pipe materials are not subject to Zone 1 specifications. (d) Site Improvements: An existing facility that was in compliance with improvements required at the installation of the facility is not subject to new site improvements (groundwater monitoring, paving, runoff control, etc.). 6. Nonconforming Activities or Structures: Regulated activities legally in existence prior to the passage of this Section, but which are not in conformity with the provisions of this Section, are subject to the provisions of RMC 4-10-090, Critical Areas Regulations – Nonconforming Activities and Structures. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 24 4-3-050 CRITICAL AREAS REGULATIONS – DEVELOPMENT STANDARDS: G. DEVELOPMENT STANDARDS: 6. Habitat Conservation Areas: a. Classification of Critical Habitats: Habitats that have a primary association with the documented presence of non-salmonid or salmonid species (see subsection L1 of this Section and RMC 4-3-090, Shoreline Master Program Regulations, for salmonid species) species proposed or listed by the Federal government or State of Washington as endangered, threatened, sensitive and/or of local importance. b. Mapping: Critical habitats are identified by lists, categories and definitions of species promulgated by the Washington State Department of Fish and Wildlife (Non-game Data System Special Animal Species) as identified in WAC 232-12-011220-200-100; in the Priority Habitat and Species Program of the Washington State Department of Fish and Wildlife; or by rules and regulations adopted currently or hereafter by the U.S. Fish and Wildlife Service. c. Buffers: The Administrator shall require the establishment of buffer areas for activities in, or adjacent to, habitat conservation areas when needed to protect fish and wildlife habitats of importance. Buffers shall consist of an undisturbed area of native vegetation, or areas identified for restoration, established to protect the integrity, functions and values of the affected habitat. Buffer widths shall be based on: i. Type and intensity of human activity proposed to be conducted on the site and adjacent sites. ii. Recommendations contained within a habitat assessment report. iii. Management recommendations issued by the Washington Department of Fish and Wildlife. d. Alterations Require Mitigation: The Administrator may approve mitigation to compensate for adverse impacts of a development proposal to habitat conservation areas through use of a federally and/or state certified mitigation bank or in-lieu fee program. See subsection L of this Section. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 25 4-3-090 SHORELINE MASTER PROGRAM REGULATIONS: A. PROGRAM ELEMENTS: The Renton Shoreline Master Program consists of the following elements, which are subject to review and approval by the Washington State Department of Ecology pursuant to RCW 90.58.090: 1. The Shoreline Management Element of the Renton Comprehensive Plan. 2. This Section, RMC 4-3-090, Shoreline Master Program Regulations, which is subject to review and approval by the Washington State Department of Ecology pursuant to RCW 90.58.090. 3. Chapter RMC 4-11 RMC, Definitions, which are subject to review and approval by the Washington State Department of Ecology pursuant to RCW 90.58.090 to the extent that they relate to this Section or are defined by RCW 90.58.030, WAC 173-26-020, and WAC 173-27-030. 4. RMC 4-9-190, Shoreline Permits, which are subject to review and approval by the Washington State Department of Ecology pursuant to RCW 90.58.090 to the extent that they relate to specific procedural mandates of chapter 90.58 RCW and WAC 173-27. 5. RMC 4-10-095, Shoreline Nonconforming Uses, Activities, Structures, and Sites, which are subject to review and approval by the Washington State Department of Ecology pursuant to RCW 90.58.090 to the extent that they relate to specific procedural mandates of chapter 90.58 RCW . 6. RMC 4-3-050, Critical Areas Regulations, only those provisions incorporated by reference into the Shoreline Master Program pursuant to RMC 4-3-090.D.2.c. 76. The Shoreline Restoration Element of the Shoreline Master Program, of which one printed copy in book form has heretofore been filed and is now on file in the office of the City Clerk and made available for examination by the general public, shall not be considered to contain regulations but shall be utilized as a guideline for capital improvements planning by the City and other jurisdictions undertaking ecological restoration activities within Shoreline Management Act jurisdiction. 87. The Shoreline Environment Overlay Map, of which one printed copy has heretofore been filed and is on file in the office of the City Clerk and made available for examination by the general public, and another printed copy of which is available at the Department of Community and Economic Development. An electronic copy may also be posted online at the City’s website www.rentonwa.gov. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 26 B. REGULATED SHORELINES: The Renton Shoreline Master Program applies to Sshorelines of the State, which include Shorelines of Statewide Significance and shorelines as defined in chapter 4-11 RMC and as listed below. 1. Shorelines of Statewide Significance: a. Lake Washington; b. Green River (the area within the OHWM of the Green River is not within the Renton City Limits, but portions of the two hundred foot (200') shoreline jurisdiction are within City limits). 2. Shorelines: a. Cedar River; b. May Creek from the intersection of May Creek and NE 31st Street in the southeast quarter of the southeast quarter of Section 32-24-5E WM; c. Black River; d. Springbrook Creek from the Black River on the north to SW 43rd Street on the south; e. Lake Desire (in the City’s potential annexation area at the time of adoption of the Shoreline Master Program). 3. The Jurisdictional Area Includes: a. Lands within two hundred feet (200'), as measured on a horizontal plane, from the OHWM, or lands within two hundred feet (200') from floodways, whichever is greater; b. Contiguous floodplain areas; and c. All marshes, bogs, swamps, and river deltas associated with streams, lakes, and tidal waters that are subject to the provisions of the State Shoreline Management Act. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 27 C. SHORELINES OVERLAY DISTRICTS: 1. Natural Environment Overlay District: a. Designation of the Natural Environment Overlay District: The objectives and criteria for the designation of this district are located in the Shoreline Management Element of the Comprehensive Plan. b. Application: The location of this district is found on the Shoreline Environment Overlay Map, see subsection A6 A8 of this Section, and shall include that portion of the north bank of the Black River lying west of its confluence with Springbrook Creek. c. Acceptable Activities and Uses: As listed in subsection E of this Section, Use Regulations. 2. Urban Conservancy Overlay District: a. Designation of the Shoreline Urban Conservancy Environment Overlay District: The objectives and criteria for the designation of this district are located in the Shoreline Management Element of the Comprehensive Plan. b. Application: The location of this district is found on the Shoreline Environment Overlay Map, see subsection A68 of this Section, and shall include: • That portion of the Lake Washington shoreline within Gene Coulon Park extending from one hundred feet (100') north of the northerly end of the northernmost driveway to the northerly end of the park. • May Creek east of Lake Washington, including the open space area within the Barbee Mill site. • That portion of the south bank of the Cedar River extending from three hundred fifty feet (350') east of I-405 right-of -way to SR 169. • The Cedar River, extending from SR 169 to the easterly limit of the Urban Growth Area. • That portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the creek in the vicinity of SW 38th Street abutting the City’s Wetlands Mitigation Bank shall be designated conservancy. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 28 • Per WAC 176-26-211(2)(e) all areas within shoreline jurisdiction that are not designated within the Shoreline Master Program are automatically assigned to be in the Urban Conservancy Overlay District until the shoreline can be re-designated through a Shoreline Master Program amendment approved by the Washington State Department of Ecology. c. Acceptable Activities and Uses: As listed in subsection E of this Section, Use Regulations. 3. Single Family Residential Overlay District: a. Designation of the Single Family Residential Overlay: The objectives and criteria for the designation of this district are located in the Shoreline Management Element of the Comprehensive Plan. b. Application: The location of this district is found on the Shoreline Environment Overlay Map, see subsection A68 of this Section, and shall include those shoreline areas with residential zoning and use located on Lake Washington, the Cedar River, May Creek, and Lake Desire. Publicly owned park and open space areas with residential zoning shall be excluded. c. Acceptable Activities and Uses: As listed in subsection E of this Section, Use Regulations. 4. Shoreline High Intensity Overlay District: a. Designation of the High Intensity Overlay District: The objectives and criteria for the designation of this district are located in the Shoreline Management Element of the Comprehensive Plan. b. Application: The location of this district is found on the Shoreline Environment Overlay Map, see subsection A68 of this Section, and shall include: • The Commercial/Office/Residential (COR) zoning designation generally zoned properties north of May Creek, including the Quendall Site and Seahawks Headquarters site. • The southerly portion of Gene Coulon Park, generally south of and including the over- water walkway, concession areas, parking areas, boat launch areas, and the swimming beach. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 29 • The Urban Center (UC), and Industrial-Heavy zoned (IH) areas along the south shoreline of Lake Washington, the Municipal Airport, and adjacent COR designated areas. • The Cedar River from the mouth to I-405. • The north side of the Cedar River east of I-405 within areas of COR zoning designation. • Areas of Springbrook Creek not in Natural or Urban Conservancy overlays. c. Acceptable Activities and Uses: Subject to subsection E of this Section, Use Regulations, which allows land uses in chapter 4-2 RMC in this overlay district, subject to the preference for water-dependent and water-oriented uses. Uses adjacent to the water’s edge and within buffer areas are reserved for water-oriented development, public/community access, and/or ecological restoration. 5. Shoreline High Intensity – Isolated Lands – Overlay District: a. Designation of the High Intensity – Isolated Lands – Overlay District: The objectives and criteria for the designation of this district are located in the Shoreline Management Element of the Comprehensive Plan. b. Application: The location of this district is found on the Shoreline Environment Overlay Map, see subsection A68 of this Section, and shall include: i. Areas within shoreline jurisdiction of the Green River but isolated by the intervening railroad right-of-way. ii. Areas immediately north of the Cedar River (right bank) and north of Riverside Drive between Williams Avenue South and Bronson Way North. c. Acceptable Activities and Uses: Allowed uses are detailed in subsection E1 of this Section, Shoreline Use Table. The shoreline regulations that apply within this overlay are the land use regulations of Title IV, Development Regulations, of the Renton Municipal Code, subject to the permit and procedural requirements of the Shoreline Master Program. In most cases, the performance standards in this Section do not apply to development or uses in this overlay. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 30 6. Aquatic Shoreline Overlay District: a. Designation of the Aquatic Overlay District: The objectives and criteria for the designation of this district are located in the Shoreline Management Element of the Comprehensive Plan. b. Application: The Aquatic Overlay District is defined as the area waterward of the OHWM of all streams and rivers, all marine water bodies, and all lakes, constituting shorelines of the State together with their underlying lands and their water column; but do not include associated wetlands and other shorelands shoreward of the OHWM. This designation is not found on the Shoreline Environment Map, but shall be assigned based on the description above. c. Acceptable Activities and Uses: Subject to subsection E of this Section, Use Regulations, water-dependent uses and a limited range of water-oriented uses are allowed in the Aquatic Overlay, subject to provision of shoreline ecological enhancement and public access. D. GENERAL DEVELOPMENT STANDARDS: 1. Applicability: This Section shall apply to all use and development activities within the shoreline. Items included here will not necessarily be repeated in subsection E of this Section, Use Regulations, and shall be used in the evaluation of all shoreline permits. Renton Municipal Code provisions in Title IV, Development Regulations, Chapter 4, City-wide Property Development Standards (chapter 4-4 RMC) contain regulations and standards governing site development of property City-wide, such as parking, landscaping, fencing, tree retention, and others. Such provisions shall apply within shoreline jurisdictions unless there is a conflict with the standards set forth by the Shoreline Master Program. In case of conflict, the standards set forth in the Shoreline Master Program shall prevail. 2. Environmental Effects: a. No Net Loss of Ecological Functions: i. No Net Loss Required: Shoreline use and development shall be carried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all development and use. Permitted uses are designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 31 that shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. ii. Impact Evaluation Required: In assessing the potential for net loss of ecological functions or processes, project-specific and cumulative impacts shall be considered and mitigated on- or off- site. iii. Evaluation of Mitigation Sequencing Required: An application for any permit or approval shall demonstrate all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. Mitigation shall occur in the following prioritized order: (a) Avoiding the adverse impact altogether by not taking a certain action or parts of an action, or moving the action. (b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts. (c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment. (d) Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the adverse impact by replacing, enhancing, or providing similar substitute resources or environments and monitoring the adverse impact and taking appropriate corrective measures. b. Burden on Applicant: Applicants for permits have the burden of proving that the proposed development is consistent with the criteria set forth in the Shoreline Master Program and the Shoreline Management Act, including demonstrating all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 32 c. Critical Areas within Shoreline Jurisdiction: i. Applicable Critical Area Regulations: The following critical Critical areas regulations, as codified in shall be regulated in accordance with the provisions of RMC 4-3-050, Critical Area Regulations, are adopted by reference except for the provisions excluded modified in subsection D2cii and excluded in D2ciii of this Section. Said provisions shall apply to any use, alteration, or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with the provision adopted by reference and the Shoreline Master Program. Within shoreline jurisdiction, the regulations of RMC 4-3-050 shall be liberally construed together with the Shoreline Master Program to give full effect to the objectives and purposes of the provisions of the Shoreline Master Program and the Shoreline Management Act. If there is a conflict or inconsistency between any of the adopted provisions below and the Shoreline Master Program, the most restrictive provisions shall prevail. (a) Aquifer protection areas. (b) Areas of special flood hazard. (c) Sensitive slopes, twenty five percent (25%) to forty percent (40%), and protected slopes, forty percent (40%) or greater. (d) Landslide hazard areas. (e) High erosion hazards. (f) High seismic hazards. (g) Coal mine hazards. (h) Fish and wildlife habitat conservation areas: Critical habitats. (i) Fish and wildlife habitat conservation areas: Streams and Lakes: Classes 2 through 5 only. ii. The following provisions of the Critical Areas Regulations in RMC 4-3-050 are modified within shoreline jurisdiction: AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 33 (a) RMC 4-3-050.G.1 is not adopted within shoreline jurisdiction. Uses and developments within shoreline jurisdiction, including proposals with critical areas, are subject to the standard of no net loss of shoreline ecological functions and processes. (b) Within shoreline jurisdiction, variances to critical areas regulations shall be processed through a shoreline variance in RMC 4-9-190.I, rather than RMC 4-9-250. (c) To provide for flexibility in the administration of the ecological protection provisions of the Shoreline Master Program, alternative averaged buffer approaches provided in RMC 4-3- 050.I may be utilized within shoreline jurisdiction. Other reduced buffer allowances provided in RMC 4-3-050.I are not applicable within the shoreline jurisdiction. (d) Wetland Identification, Rating, Buffer, Mitigation Ratio, and Buffer Averaging provisions of 4-3-090.D.2.d shall apply within shoreline jurisdiction. iii. Inapplicable Critical Area Regulations: The following provisions of RMC 4-3-050, Critical Area Regulations, shall not apply within shoreline jurisdiction: (a) RMC 4-3-050.K Variances, RMC 4-3-050.G.1 and any related reference to RMC 4-9- 250. (b) RMC 4-3-050.M Appeals, shoreline permit appeals are dictated by the Shoreline Management Act and must be executed in accordance with RCW 90.58.180. (c) Any allowance provided based on a reference to Reasonable Use. Within the shoreline jurisdiction, reasonable use is demonstrated through the shoreline variance. (e) Other GMA authorized administrative provisions such as appeals, permits, penalties and enforcement that are not consistent with the Shoreline Management Act. (f) RMC 4-3-050G.9.d.ii Independent buffer study allowances for alternative wetland buffers. (g) Pursuant to 4-3-050.C.3 Table footnote 22, allowances for new accessory structures, such as fences, gazebos, storage sheds, and playhouses within a critical area buffer are not applicable within the shoreline jurisdiction. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 34 (a) RMC 4-3-050N, Alternates, Modifications and Variances, subsections N1, Alternates, and N3, Variances, and (b) RMC 4-9-250, Variances, Waivers, Modifications and Alternatives. (c) Wetlands, including shoreline associated wetlands, unless specified below. ivii. Critical Area Regulations for Class 1 Fish Habitat Conservation Areas: Shoreline Environments designated as Natural or Urban Conservancy shall be considered Class 1 Fish Habitat Conservation Areas. Regulations for fish habitat conservation areas Class 1 Type S Streams and Lakes are contained within the development standards and use standards of the Shoreline Master Program, including but not limited to subsection F1 of this Section, Vegetation Conservation, which establishes vegetated buffers adjacent to water bodies and specific provisions for use and for shoreline modification in subsections E and F of this Section. There shall be no modification of the required setback and buffer for non-water-dependent uses in Class 1 Type S Fish Habitat Conservation areas without an approved Shoreline Conditional Use Permit. iv. Alternate Mitigation Approaches: To provide for flexibility in the administration of the ecological protection provisions of the Shoreline Master Program, alternative mitigation approaches may be applied for as provided in RMC 4-3-050.L.1.g.iv N2, Modifications Alternative Mitigation. Modifications within shoreline jurisdiction may be approved for those critical areas regulated by that Section as a Shoreline Conditional Use Permit where such approaches provide increased protection of shoreline ecological functions and processes over the standard provisions of the Shoreline Master Program and are scientifically supported by specific studies performed by qualified professionals. d. Wetlands within Shoreline Jurisdiction: i. Wetland Identification: Wetlands shall be identified in accordance with the requirements of RCW 36.70A.175 and 90.58.380. Unless otherwise provided for in this Chapter, all areas within the City meeting the criteria in the approved Federal Washington State Wetland Identification and Delineation Manual and regional supplements(Ecology Publication No. 96-94), regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this Chapter. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 35 ii. Wetland Rating System: Wetlands shall be rated based on categories that reflect the functions and values of each wetland. Wetland categories shall be based on the criteria provided in the Washington State Wetland Rating System for Western Washington, revised August 2004 2014 Update (Ecology Publication No. 04-06-025 14-06-029). These categories are generally defined as follows: (a) Category I Wetlands: Category I wetlands are those wetlands of exceptional value in terms of protecting water quality, storing flood and stormwater, and/or providing habitat for wildlife as indicated by a rating system score of seventy (70) twenty-three (23) points or more. These are wetland communities of infrequent occurrence that often provide documented habitat for critical, threatened or endangered species, and/or have other attributes that are very difficult or impossible to replace if altered. (b) Category II Wetlands: Category II wetlands have significant value based on their function as indicated by a rating system score of between fifty one (51) twenty (20) and sixty nine (69) twenty-two (22) points. They do not meet the criteria for Category I rating but occur infrequently and have qualities that are difficult to replace if altered. (c) Category III Wetlands: Category III wetlands have important resource value as indicated by a rating system score of between thirty (30) sixteen (16) and fifty (50) nineteen (19) points. (d) Category IV Wetlands: Category IV wetlands are wetlands of limited resource value as indicated by a rating system score of less than thirty (30) sixteen (16) points. They typically have vegetation of similar age and class, lack special habitat features, and/or are isolated or disconnected from other aquatic systems or high quality upland habitats. iii. Wetland Review and Reporting Requirements: A wetland assessment study shall be required. iv. Wetland Buffers: (a) Buffer Required: Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field. Buffers shall not include AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 36 areas that are functionally and effectively disconnected from the wetland by a permanent road or other substantially developed surface of sufficient width and with use characteristics such that buffer functions are not provided and that cannot be feasibly removed, relocated or restored to provide buffer functions. (b) Buffer May Be Increased: The buffer standards required by this Chapter presume the existence of a dense vegetation community in the buffer adequate to protect the wetland functions and values. When a buffer lacks adequate vegetation, the Administrator of the Department of Community and Economic Development or designee may increase the standard buffer, require buffer planting or enhancement, and/or deny a proposal for buffer reduction or buffer averaging. (c) Minimum Buffer Width: Wetland Category Low Wildlife Function (less than 20 points) Moderate Wildlife Function (20 – 28 points) High Wildlife Function (29 or more points) Buffer Width (feet) Category IV 50 50 50 1 Category III 75 125 150 1 Category II 100 150 225 Category I 125 150 225 1. Habitat scores over 26 points would be very rare for Category III wetlands and almost impossible for Category IV wetlands that have a total rating of 30 or less. Wetland Category High Habitat Functions (8-9 points) Moderate Habitat Functions (6-7 points) Low Habitat Functions (3-5 points) Buffer Width (feet) Category I – Bogs & Natural Heritage Wetlands 225 190 190 Category I – All Others 225 110 75 Category II 225 110 75 AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 37 Category III 225 110 60 Category IV 40 40 40 (d) Buffer Requirements for Wetland Mitigation Banks: Where wetland mitigation sites or wetland banks have been approved, required buffers shall be as specified in the mitigation site or wetland bank approval. (e) Increased Buffer for Steep Slopes: Where lands within the wetland buffer have an average continuous slope of twenty percent (20%) to thirty five percent (35%), and the required buffer width is less than one hundred feet (100'), the buffer shall extend to a thirty percent (30%) greater dimension. In all cases, where slopes within the buffers exceed thirty five percent (35%), the buffer shall extend twenty five feet (25') beyond the top of the bank of the sloping area or to the end of the buffer associated with a geological hazard if one is present, whichever is greater. v. Provisions for Small Isolated Wetlands: All wetlands shall be regulated regardless of size; provided, that the Administrator of the Department of Community and Economic Development or designee shall assure that preservation of isolated wetlands and associated buffers of less than ten thousand (10,000) square feet of combined wetland and buffer shall maintain effective wetland functions, or be mitigated as provided below. (a) Wetlands and associated buffers of one thousand (1,000) square feet or less may be displaced when the wetland meets all of the following criteria, as documented in a wetland mitigation plan: (1) The wetland is not associated with a riparian corridor; (2) The wetland is not part of a wetland mosaic, or collection of small wetlands that are hydrologically related to one another; (3) The wetland does not contain habitat identified as essential for local populations of priority species identified by Washington Department of Fish and Wildlife; (4) Impacts of displaced wetlands are mitigated pursuant to subsection D2dx of this Section. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 38 (b) Category III and IV wetlands and buffers between one thousand (1,000) and four thousand (4,000) square feet may be displaced; provided, that all of the following criteria are documented in a wetland mitigation plan: (1) The wetland does not score twenty (20) points or greater for habitat in the 2004 Western Washington Rating System; (2) The wetland is depressional and is recharged only by precipitation, interflow or groundwater and adjacent development cannot assure a source of recharge to maintain its hydrologic character through stormwater infiltration, or other means; (3) The wetlands does not have a potential to reduce flooding or erosion or has the potential to maintain or improve water quality as evidenced by a score of at least ten (10) points on the applicable criteria of the Wetland Rating Form for Western Washington; (4) The total area of the combined wetland and buffer is ten thousand (10,000) square feet or less and: (A) It does not achieve a score of at least twenty (20) points on the Habitat Functions criteria of the Wetland Rating Form for Western Washington; and (B) The wetland and buffer is not connected to a larger open space complex which may include, but is not limited to, a stream buffer, a buffer associated with a geological hazard, or other designated open space buffer sufficient to allow movement of terrestrial wildlife to and from the wetland and buffer complex without interruption by roads, paved areas or buildings within fifty feet (50'); (5) Impacts of displaced wetlands are mitigated pursuant to subsection D2dx of this Section. v. Mitigation Ratios for Wetland Impacts: Compensatory mitigation for wetland alterations shall be based on the wetland category and the type of mitigation activity proposed. The replacement ratio shall be determined according to the ratios provided in the table below. The created, re- established, rehabilitated, or enhanced wetland area shall at a minimum provide a level of function equivalent to the wetland being altered and shall be located in an appropriate landscape setting. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 39 Wetland Mitigation Type and Replacement Ratio* Wetland Category Creation Re-establishment Rehabilitation Enhancement Only Category IV 1.5:1 1.5:1 3:1 6:1 Category III 2:1 2.1 4:1 8:1 Category II 3:1 3.1 6:1 12:1 Category I 6:1 6:1 8:1 Not allowed *Ratio is the replacement area: impact area. vi. Wetland Buffer Averaging: The Administrator of the Department of Community and Economic Development or designee may average wetland buffer widths on a case-by-case basis when the applicant demonstrates through a wetland study to the satisfaction of the Administrator of the Department of Community and Economic Development or designee that all the following criteria are met: (a) The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a “dual-rated” wetland with a Category I area adjacent to a lower rated area; (b) The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower functioning or less sensitive portion; (c) The total area of the buffer after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge; (d) The buffer at its narrowest point is never less than three quarters (3/4) of the required width. vii. Reasonable Use: Wetland buffer averaging to allow reasonable use of a parcel may be permitted when all of the following are met: (a) There are no feasible alternatives to the site design that could be accomplished without buffer averaging; AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 40 (b) The averaged buffer will not result in degradation of the wetland’s functions and values as demonstrated by a wetland assessment study; (c) The total buffer area after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge; (d) The buffer at its narrowest point is never less than three quarters (3/4) of the required width except where the Administrator of the Department of Community and Economic Development or designee finds that there is an existing feature such as a roadway that limits buffer dimension, or an essential element of a proposed development such as access that must be accommodated for reasonable use and requires a smaller buffer. viii. Wetland Buffer Increase Allowed: The Administrator of the Department of Community and Economic Development or designee may increase the width of the standard buffer width on a case-by-case basis, based on a critical area study, when a larger buffer is required to protect critical habitats as outlined in RMC 4-3-050K, or such increase is necessary to: (a) Protect the function and value of that wetland from proximity impacts of adjacent land use, including noise, light and other disturbance, not sufficiently limited by buffers provided above; (b) To maintain viable populations of priority species of fish and wildlife; or (c) Protect wetlands or other critical areas from landslides, erosion or other hazards. ix. Allowed activities in wetlands and buffers: The following uses and activities may be allowed in wetlands or buffer areas by the Administrator of the Department of Community and Economic Development or designee subject to the priorities, protection, and mitigation requirements of this Section: (a) Utilities: Utility lines and facilities providing local delivery service, not including facilities such as electrical substations, water and sewage pumping stations, water storage tanks, petroleum products pipelines and not including transformers or other facilities containing hazardous substances, may be located in Category I, II, III, and IV wetlands and their buffers and/or Category I wetland buffers if the following criteria are met: AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 41 (1) There is no reasonable location or route outside the wetland or wetland buffer based on analysis of system needs, available technology and alternative routes. Location within a wetland buffer shall be preferred over a location within a wetland; (2) The utility line is located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation; (3) Clearing, grading, and excavation activities are limited to the minimum necessary to install the utility line, which may include boring, and the area is restored following utility installation; (4) Buried utility lines shall be constructed in a manner that prevents adverse impacts to subsurface drainage. This may include the use of trench plugs or other devices as needed to maintain hydrology; (5) Impacts on wetland functions are mitigated in accordance with subsection D2dx of this Section. (b) Roadways, Railways, and Bridges: Public and private roadways and railroad facilities, including bridge construction and culvert installation, if the following criteria are met: (1) There is no reasonable location or route outside the wetland or wetland buffer based on analysis of system needs, available technology and alternative routes. Location within a wetland buffer shall be preferred over a location within a wetland; (2) Facilities parallel to the wetland edge are located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation; (3) Clearing, grading, and excavation activities are limited to the minimum necessary, which may include placement on elevated structures as an alternative to fill, where feasible; (4) Impacts on wetland functions are mitigated in accordance with subsection D2dx of this Section. (c) Access to Private Development Sites: Access to private development sites may be permitted to cross Category II, III, or IV wetlands or their buffers, pursuant to the criteria in subsection D2ix(b) of this Section; provided, that alternative access shall be pursued to the AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 42 maximum extent feasible, including through the provisions of chapter 8.24 RCW. Exceptions or deviations from technical standards for width or other dimensions, and specific construction standards to minimize impacts may be specified, including placement on elevated structures as an alternative to fill, if feasible. (d) Existing Facilities: Maintenance, repair, or operation of existing structures, facilities, or improved areas, including minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact wetland functions, and subject to the provisions for nonconforming use and facilities in chapter 4-10 RMC. (e) Stormwater Facilities: Stormwater conveyance or discharge facilities such as dispersion trenches, level spreaders, and outfalls may be permitted within a Category I, II, III, or IV wetland buffer on a case-by-case basis if the following are met: (1) Due to topographic or other physical constraints, there are no feasible locations for these facilities to discharge to surface water through existing systems or outside the buffer. Locations and designs that infiltrate water shall be preferred over a design that crosses the buffer; (2) The discharge is located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation and avoids long-term rill or channel erosion. (f) Recreational or Educational Activities: Outdoor recreational or educational activities which do not significantly affect the function of the wetland or regulated buffer (including wildlife management or viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted within Category II, III, or IV wetlands or their buffers and within a Category I wetland buffer if the following criteria are met: (1) Trails shall not exceed four feet (4') in width and shall be surfaced with gravel or pervious material, including boardwalks; (2) The trail or facility is located in the outer fifty percent (50%) of the buffer area unless a location closer to the wetland edge or within the wetland is required for interpretive purposes; AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 43 (3) The trail or facility is constructed and maintained in a manner that minimizes disturbance of the wetland or buffer. Trails or facilities within wetlands shall be placed on an elevated structure as an alternative to fill; (4) Wetland mitigation in accordance with subsection D2dx of this Section. x. Wetland Mitigation Requirements: Activities that adversely affect wetlands and/or wetland buffers shall include mitigation sufficient to achieve no net loss of wetland function and values in accordance with subsection D7 of this Section and this subsection. Compensatory mitigation shall be provided for all wetland alteration and shall re-establish, create, rehabilitate, enhance, and/or preserve equivalent wetland functions and values. (a) Preferred Mitigation Sequence: Mitigation sequencing shall take place in the prioritized order provided for in subsection D2aiii of this Section. (b) Consistency with Policies and Publications Required: Wetland mitigation requirements shall be consistent with the applicable standards for studies and assessment in Chapter 6 of: Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10, March 2006; Wetland Mitigation in Washington State – Part 1: Agency Policies and Guidance (Version 1); and Washington State Department of Ecology Publication No. 06-06-011a, Olympia, WA, except in cases when this Code provides differing standards. (c) Wetland alterations: Compensation for wetland alterations shall occur in the following order of preference: (1) Re-establishing wetlands on upland sites that were formerly wetlands. (2) Rehabilitating wetlands for the purposes of repairing or restoring natural and/or historic functions. (3) Creating wetlands on disturbed upland sites such as those consisting primarily of nonnative, invasive plant species. (4) Enhancing significantly degraded wetlands. (5) Preserving Category I or II wetlands that are under imminent threat; provided, that preservation shall only be allowed in combination with other forms of mitigation and AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 44 when the Administrator of the Department of Community and Economic Development or designee determines that the overall mitigation package fully replaces the functions and values lost due to development. (d) Mitigation Ratios for Wetland Impacts: Compensatory mitigation for wetland alterations shall be based on the wetland category and the type of mitigation activity proposed. The replacement ratio shall be determined according to the ratios provided in the table below. The created, re-established, rehabilitated, or enhanced wetland area shall at a minimum provide a level of function equivalent to the wetland being altered and shall be located in an appropriate landscape setting. Wetland Mitigation Type and Replacement Ratio* Wetland Category Creation Re-establishment Rehabilitation Enhancement Only Category IV 1.5:1 1.5:1 2:1 3:1 Category III 2:1 2.1 3:1 4:1 Category II 3:1 3.1 4:1 6:1 Category I 6:1 6:1 8:1 Not allowed *Ratio is the replacement area: impact area. (e) Mitigation Ratio for Wetland Buffer Impacts: Compensation for wetland buffer impacts shall occur at a minimum 1:1 ratio. Compensatory mitigation for buffer impacts shall include enhancement of degraded buffers by planting native species, removing structures and impervious surfaces within buffers, and other measures. (f) Special Requirements for Mitigation Banks: Mitigation banks shall not be subject to the replacement ratios outlined in the replacement ratio table above, but shall be determined as part of the mitigation banking agreement and certification process. (g) Buffer Requirements for Replacement Wetlands: Replacement wetlands established pursuant to these mitigation provisions shall have adequate buffers to ensure their protection and sustainability. The buffer shall be based on the category in subsection D2dii of this Section; provided, that the Administrator of the Department of Community and Economic Development or designee shall have the authority to approve a smaller buffer when existing site constraints (such as a road) prohibit attainment of the standard buffer. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 45 (h) Adjustment of Ratios: The Administrator of the Department of Community and Economic Development or designee shall have the authority to adjust these ratios when a combination of mitigation approaches is proposed. In such cases, the area of altered wetland shall be replaced at a 1:1 ratio through re-establishment or creation, and the remainder of the area needed to meet the ratio can be replaced by enhancement at a 2:1 ratio. For example, impacts to one acre of a Category II wetland requiring a 3:1 ratio for creation can be compensated by creating one acre and enhancing four (4) acres (instead of the additional two (2) acres of creation that would otherwise be required). (i) Location: Compensatory mitigation shall be provided on-site or off-site in the location that will provide the greatest ecological benefit and have the greatest likelihood of success; provided, that mitigation occurs as close as possible to the impact area and within the same watershed sub-basin as the permitted alteration. (j) Protection: All mitigation areas whether on- or off-site shall be permanently protected and managed to prevent degradation and ensure protection of critical area functions and values into perpetuity. Permanent protection shall be achieved through deed restriction or other protective covenant in accordance with RMC 4-3-050E4. (k) Timing: Mitigation activities shall be timed to occur in the appropriate season based on weather and moisture conditions and shall occur as soon as possible after the permitted alteration. (l) Wetland Mitigation Plans Required: Wetland mitigation plans shall be prepared in accordance with RMC 4-3-050M16. All compensatory mitigation projects shall be monitored for a period necessary to establish that performance standards have been met, but generally not for a period less than five (5) years. Reports shall be submitted quarterly for the first year and annually for the next five (5) years following construction and subsequent reporting shall be required if applicable to document milestones, successes, problems, and contingency actions of the compensatory mitigation. The Administrator of the Department of Community and Economic Development or designee shall have the authority to modify or extend the monitoring period and require additional monitoring reports for up to ten (10) years when any of the following conditions apply: (1) The project does not meet the performance standards identified in the mitigation plan; AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 46 (2) The project does not provide adequate replacement for the functions and values of the impacted critical area; (3) The project involves establishment of forested plant communities, which require longer time for establishment. xi. Development Standards Near Wetlands: Development standards for adjacent development shall minimize adverse effects on the wetland, and shall include: (a) Subdivision of land shall assure that each lot has sufficient building area outside wetlands and buffers. Lots in subdivisions shall be oriented whenever feasible to provide a rear yard of at least twenty feet (20') between the buffer area and buildings; (b) Fencing shall be provided at the perimeter of residential development to limit domestic animal entry into wetlands and buffer areas; (c) Activities that generate noise shall be located as far from the wetland and buffer as feasible. Roads, driveways, parking lots and loading areas, mechanical or ventilating equipment shall be located on sides of buildings away from the wetland, or separated by noise attenuating walls; (d) Light penetration into buffer areas and wetlands shall be limited by locating areas requiring exterior lighting away from the wetland boundary, or limiting light mounting heights to a maximum of four feet (4'). Windows that will be lit at night should be minimized on the side of buildings facing wetlands and buffers, or screened as provided below; (e) Runoff should be routed to infiltration systems, to the maximum extent feasible, to provide groundwater interflow recharge to wetlands and/or water bodies and to limit overland flow and erosion; (f) Surface or piped stormwater should be routed to existing conveyances or to other areas, wherever hydraulic gradients allow. Where stormwater is routed to wetlands, system design shall assure that erosion and sedimentation will be avoided to the maximum extent feasible; (g) To prevent channelized flow from lawns and other landscaped areas from entering the buffer, and to prevent washing of fertilizers, herbicides and pesticides into the buffer, if slopes adjacent to the buffer exceed fifteen percent (15%), a ten feet (10') wide swale to intercept runoff or other effective interception facility approved by the Administrator of the AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 47 Department of Community and Economic Development or designee shall be provided at the edge of the buffer; (h) Adopt and implement an integrated pest management system including limiting use of fertilizers, herbicides and pesticides within twenty five feet (25') of the buffer. xii. Vegetation Management Plan Required: In order to maintain effective buffer conditions and functions, a vegetation management plan shall be required for all buffer areas, to include: (a) Maintaining adequate cover of native vegetation including trees and understory; if existing tree cover is less than a density of twenty (20) trees per acre, planting shall be required consisting of seedlings at a density of three hundred (300) stems per acre or the equivalent; (b) Providing a dense screen of native evergreen trees at the perimeter of the buffer if existing vegetation is not sufficient to prevent viewing adjacent development from within the buffer. Planting shall be required equivalent to two (2) rows of three feet (3') high stock of native evergreens at a triangular spacing of fifteen feet (15'), or three (3) rows of gallon containers at a triangular spacing of eight feet (8'). Fencing may be required if needed to block headlights or other sources of light or to provide an immediate effective visual screen; (c) Providing a plan for control of invasive weeds, and removal of existing invasive species; (d) Providing for a monitoring and maintenance plan for a period of at least five (5) years, except this provision may be waived for single family residential lots at the discretion of the Administrator of the Department of Community and Economic Development or designee. e. Development Standards for Aquatic Habitat: i. Stormwater Requirements: Development shall provide stormwater management facilities including water quality treatment designed, constructed, and maintained in accordance with the current stormwater management standards. Water quality treatment facilities shall be provided for moderate alteration of nonconforming structures, uses and sites as provided for in RMC 4- 10-095. ii. Erosion and Sediment Control Requirements: Best management practices for control of erosion and sedimentation shall be implemented for all development in shorelines through approved temporary erosion and sediment control plan, or administrative conditions. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 48 iii. Lighting Requirements: Nighttime lighting shall be designed to avoid or minimize interference with aquatic life cycles through avoidance of light sources that shine directly onto the water. Exterior lighting fixtures shall include full cut off devices such that glare or direct illumination does not extend into water bodies. Lighting shall include timers or other switches to ensure that lights are extinguished when not in use. 3. Use Compatibility and Aesthetic Effects: a. General: Shoreline use and development activities shall be designed and operated to allow the public’s visual access to the water and shoreline and maintain shoreline scenic and aesthetic qualities that are derived from natural features, such as shoreforms and vegetative cover. b. View Obstruction and Visual Quality: The following standards and criteria shall apply to developments and uses within the jurisdiction of the Shoreline Master Program: i. View Corridors Required: Where commercial, industrial, multiple use, multi-family and/or multi- lot developments are proposed, primary structures shall provide for view corridors between buildings where views of the shoreline are available from public right-of-way or trails. ii. Maximum Building Height: Buildings shall be limited to a in height of no more than thirty five feet (35') above average finished grade level except at specific locations as specified in Table 4- 3-090D7a, Shoreline Bulk Standards. iii. Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All new or expanded commercial development adjacent to residential use and public parks shall provide fifteen feet (15') setbacks from adjacent properties to attenuate proximity impacts such as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. iv. Lighting Requirements: Display and other exterior lighting shall be designed and operated so as to prevent glare, to avoid illuminating nearby properties used for noncommercial purposes, and to prevent hazards for public traffic. Methods of controlling spillover light include, but are not limited to, limits on the height of light structure, limits on light levels of fixtures, light shields, and screening. v. Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ materials that limit reflected light. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 49 vi. Integration and Screening of Mechanical Equipment: Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent feasible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that obstructs views of such equipment. vii. Visual Prominence of Freestanding Structures to Be Minimized: Facilities not incorporated into buildings including fences, piers, poles, wires, lights, and other freestanding structures shall be designed to minimize visual prominence. viii. Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated buffers shall not exceed four feet (4') in width; provided, that where ADA requirements apply, such facilities may be increased to six feet (6') in width. Stairways shall conform to the existing topography to the extent feasible. ix. Other Design Standards: Any other design standards included in community plans or regulations adopted by the City shall be incorporated. c. Community Disturbances: Noise, odors, night lighting, water and land traffic, and other structures and activities shall be considered in the design plans and their impacts avoided or mitigated. d. Design Requirements: Architectural styles, exterior designs, landscaping patterns, and other aspects of the overall design of a site shall be in conformance with urban design and other standards contained in RMC 4-3-100, Urban Design Regulations, and other applicable provisions of RMC Title IV, Development Regulations, as well as specific policies and standards of the Shoreline Master Program. e. Screening Required: The standards in RMC 4-4-095 concerning screening of mechanical equipment and outdoor service and storage areas shall apply within shorelines with the additional criteria that the provisions for bringing structures or sites into conformance shall occur for minor alteration or renovation as provided in RMC 4-9-190. 4. Public Access: a. Physical or Visual Access Required for New Development: Physical or visual access to shorelines shall be incorporated in all new development when the development would either generate a demand for one or more forms of such access, would impair existing legal access AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 50 opportunities or rights, or is required to meet the specific policies and regulations of the Shoreline Master Program. A coordinated program for public access for specified shoreline reaches is established in the Comprehensive Plan, Shoreline Policy SH-31 Table of Public Access Objectives by Reach Element, Policy SH-31 with provisions for public access, including off-site facilities designated in the table Public Access Requirements by Reach in subsection D4f of this Section. b. Public Access Required: Public access shall be provided for the following development, subject to the criteria in subsection D4d of this Section. i. Water-dependent uses and developments that increase public use of the shorelines and public aquatic lands, or that would impair existing legal access opportunities, or that utilize public harbor lands or aquatic lands, or that are developed with public funding or other public resources. ii. Non-water-dependent development and uses shall provide community and/or public access consistent with the specific use standards in subsection E of this Section, Use Regulations, unless ecological restoration is provided. iii. Developments of more than ten (10) single family residential lots or single family dwelling units, including subdivision, within a proposal or a contiguously owned parcel are required to provide public access. Developments of more than four (4) but less than ten (10) single family residential lots or single family dwelling units, including subdivision, within a proposal or a contiguously owned parcel are required to provide community access. iv. Development of any non-single- family residential development or use consistent with the specific use standards in subsection E9 of this Section, Residential Development. v. Any use of public aquatic lands, except as related to single family residential use of the shoreline, including docks accessory to single family residential use. vi. Publicly financed or subsidized flood control or shoreline stabilization shall not restrict public access to the shoreline and shall include provisions for new public access to the maximum extent feasible. vii. Public access provided by shoreline street ends, public utilities, and rights-of-way shall not be diminished by any public or private development or use (RCW 35.79.035 and RCW 36.87.130). AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 51 c. Criteria for Modification of Public Access Requirements: The requirements for public access may be modified as a shoreline conditional use for any application in which the following criteria are demonstrated to be met in addition to the general criteria for a Shoreline Conditional Use Permit. In cases where a Substantial Development Permit is not required, use of this waiver or modification may take place only through a shoreline variance. It is the responsibility of the applicant to demonstrate that the criteria are met. As a condition of modification of access requirements, contribution to an off-site public access site shall be required. i. Unavoidable health or safety hazards to the public exist that cannot be prevented by any practical means. ii. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions. iii. The cost of providing the access, or mitigating the impacts of public access, is unreasonably disproportionate to the total long-term development and operational cost over the life-span of the proposed development. iv. Significant environmental impacts will result from the public access that cannot be mitigated. v. Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated. vi. Prior to determining that public access is not required, all reasonable alternatives must be pursued, including but not limited to: (a) Regulating access by such means as maintaining a gate and/or limiting hours of use; (b) Designing separation of uses and activities (e.g., fences, terracing, use of one-way glazing, hedges, landscaping, etc.); and (c) Providing for specific facilities for public visual access, including viewing platforms that may be physically separated from the water’s edge, but only if access adjacent to the water is precluded. d. Design Criteria for Public Access Sites: Public access shall incorporate the following location and design criteria: AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 52 i. Walkways or Trails Required in Vegetated Open Space: Public access on sites where vegetated open space is provided along the shoreline shall consist of a public pedestrian walkway parallel to the OHWM of the property. The walkway shall be buffered from sensitive ecological features, may be set back from the water’s edge, and may provide limited and controlled access to sensitive features and the water’s edge where appropriate. Fencing may be provided to control damage to plants and other sensitive ecological features and where appropriate. Trails shall be constructed of permeable materials and limited to four feet (4') to six feet (6') in width to reduce impacts to ecologically sensitive resources. ii. Access Requirements for Sites Without Vegetated Open Space: Public access on sites or portions of sites not including vegetated open space shall be not less than ten percent (10%) of the developed area within shoreline jurisdiction or three thousand (3,000) square feet, whichever is greater, on developments including non-water-dependent uses. For water- dependent uses, the amount and location may be varied in accordance with the criteria in subsection F3 of this Section. Public access facilities shall extend along the entire water frontage, unless such facilities interfere with the functions of water-dependent uses. The minimum width of public access facilities shall be ten feet (10') and shall be constructed of materials consistent with the design of the development; provided, that facilities addressed in the Renton Trails and Bicycle and Trails Master Plan shall be developed in accordance with the standards of that plan. iii. Access Requirements for Over-Water Structures: Public access on over-water structures on public aquatic lands, except for docks serving a single family residence, shall be provided and may include common use of walkway areas. Moorage facilities serving five (5) or more vessels shall provide a publicly accessible area of at least ten feet (10') at or near the end of the structure. Public marinas serving twenty (20) or more vessels may restrict access to specific moorage areas for security purposes as long as an area of at least ten percent (10%) of the over-water structure is available for public access and an area of at least twenty (20) square feet is provided at or near the end of the structure. Public access areas may be used in common by other users, but may not include adjacent moorage that obstructs public access to the edge of the water or obstructs views of the water. iv. Resolution of Different Standards: Where City trail or transportation plans and development standards specify dimensions that differ from those in subsections D4di, D4dii, or D4diii of this Section, the standard that best serves public access, while recognizing constraints of protection and enhancement of ecological functions, shall prevail. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 53 v. Access Requirements Determined by Reach: A coordinated program for public access for specified shoreline reaches is established in the Comprehensive Plan, Shoreline Management Element, Policy SH-31 Table of Public Access Objectives by Reach and in subsection D4f of this Section, Table of Public Access Requirements by Reach: (a) The City shall utilize the reach policies for public access as guidance in applying these provisions to individual development sites. (b) The City shall utilize the reach policies for public access as guidance in planning and implementing public projects. vi. Fund for Off-Site Public Access: The City shall provide a fund for off-site public access and may assess charges to new development that do not meet all or part of their public access requirements. Such a fund and charges may be part of or coordinated with park impact fees. Off-site public access shall be developed in accordance with the reach policies for public access. e. Public Access Development Standards: Public access facilities shall incorporate the following design and other features: i. Relation to Other Facilities: (a) Preferred Location: Public access shall be located adjacent to other public areas, accesses, and connecting trails, connected to the nearest public street, and include provisions for handicapped and physically impaired persons, where feasible. (b) Parking Requirements: Where public access is within four hundred feet (400') of a public street, on-street public parking shall be provided, where feasible. For private developments required to provide more than twenty (20) parking spaces, public parking may be required in addition to the required parking for the development at a ratio of one space per one thousand (1,000) square feet of public access area up to three (3) spaces and at one space per five thousand (5,000) square feet of public access area for more than three (3) spaces. Parking for public access shall include the parking spaces nearest to the public access area and may include handicapped parking if the public access area is handicapped accessible. (c) Planned Trails to Be Provided: Where public trails are indicated on the City’s transportation, park, or other plans, construction of trails shall be provided within shoreline and non-shoreline areas of a site. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 54 ii. Design: (a) General: Design of public access shall provide the general public with opportunity to reach, touch, and enjoy the water’s edge and to view the water and the shoreline from adjacent locations and shall be as close horizontally and vertically to the shoreline’s edge as feasible; provided, that public access does not adversely affect sensitive ecological features or lead to an unmitigated reduction in ecological functions. (b) Privacy: Design shall minimize intrusions on privacy of adjacent use by avoiding locations adjacent to residential windows and/or outdoor private residential open spaces or by screening or other separation techniques. iii. Use and Maintenance: (a) Public Access Required for Occupancy: Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity or in accordance with other provisions for guaranteeing installation through a monetary performance assurance. (b) Maintenance of Public Access Required: Public access facilities shall be maintained over the life of the use or development. Future actions by successors in interest or other parties shall not diminish the usefulness or value of required public access areas and associated improvements. (c) Public Access Must Be Legally Recorded: Public access provisions on private land shall run with the land and be recorded via a legal instrument such as an easement, or as a dedication on the face of a plat or short plat. Such legal instruments shall be recorded prior to the time of building occupancy or plat recordation, whichever comes first. (d) Maintenance Responsibility: Maintenance of the public access facility shall be the responsibility of the owner unless otherwise accepted by a public or nonprofit agency through a formal recorded agreement. (e) Hours of Access: Public access facilities shall be available to the public twenty four (24) hours per day unless an alternate arrangement is granted though the initial shoreline permitting process for the project. Changes in access hours proposed after initial permit approval shall be processed as a shoreline conditional use. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 55 (f) Signage Required: The standard State-approved logo or other approved signs that indicate the public’s right of access and hours of access shall be installed and maintained by the owner. Such signs shall be posted in conspicuous locations at public access sites and at the nearest connection to an off-site public right-of-way. f. Public Access Requirements by Reach: The following table identifies the performance standards for public access within the shoreline, and shall be applied if required by the use regulations or development standards of the Shoreline Master Program. SHORELINE REACH Public Access Lake Washington Lake Washington Reach A and B Public access shall be provided when lots are subdivided or new nonresidential development occurs consistent with standards of this Section. Lake Washington Reach C The potential for provision of public access from new development will occur after cleanup of the Superfund site with multi-use development, which shall include shoreline access across the entire property, with controlled access to the water’s edge, consistent with requirements for vegetation conservation and ecological restoration and provisions for water-dependent use, consistent with standards of this Section. Provision of public access from future redevelopment of the Seahawks and Barbee Mill site shall include a continuous public access trail parallel to the shoreline with controlled public access balanced with provisions for ecological restoration, as well as to shared or commercial docks, consistent with standards of this Section. Lake Washington Reach D and E Public access shall be provided when lots are subdivided or new nonresidential development occurs consistent with standards of this Section. Lake Washington Reach F and G Public access is one element of park functions that should be continued and incorporated in future plans and balanced with goals for recreation and improving ecologic functions. Lake Washington Reach H Public access should continue in the future as part of multi-use development of the balance of the property consistent with standards of this Section. Development should include supporting water-oriented uses and amenities such as seating and landscaping. Lake Washington Reach I Public access is currently not feasible on the three acres of upland State- owned aquatic lands managed by DNR. In the future, if the Boeing site is redeveloped, public access should be provided parallel to the shoreline along the entire property, consistent with standards of this Section, together with goals for ecological restoration and water-dependent and water-oriented use. Lake Washington Reach J Public access to the Lake Waterfront is provided from the lawn area of the Will Rogers, Wiley Post Memorial Sea Plane Base and should be maintained if such access is not in conflict with the aeronautical use of the property. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 56 SHORELINE REACH Public Access Lake Washington Reach K If redevelopment of non-single -family use occurs, public access shall consist of a public pedestrian walkway parallel to the shoreline along the entire property frontage with controlled access to the water’s edge, consistent with standards of this Section and requirements for vegetation conservation and ecological restoration. Public access shall be provided when lots are subdivided consistent with standards of this Section. May Creek May Creek A If development occurs adjacent to the streamside, open space standards for vegetation conservation and public access shall be met consistent with standards of this Section. May Creek B At the time of redevelopment, public access should be provided consistent with standards of this Section from a trail parallel to the water along the entire property with controlled public access to the water consistent with standards of this Section, and goals of preservation and enhancement of ecological functions. May Creek C and D At the time of development of private lands, public access should be provided consistent with standards of this Section from a trail parallel to the water consistent with trails on public land. All trail development should be set back from the water’s edge with controlled public access to the water and consistent with standards of this Section and goals of preservation and enhancement of ecological functions. Cedar River Cedar River A Public physical access from a trail parallel to the water should be provided if the Renton Municipal Airport redevelops in the future, balanced with goals of ecological restoration. Cedar River B Public access should generally be provided within the corridor of public lands adjacent to the river; however, adjacent private parcels not separated by public streets should provide active open space and other facilities to provide gathering places to enjoy the shoreline environment, together with water- oriented uses. Revisions to the existing trail to relocate further from the water’s edge to allow revegetation should be considered in the future as part of public park and river maintenance plans. Cedar River C Public/community access along the waterfront should be provided as private lands on the north side of the river redevelop, considered along with the goal of restoration of ecological functions. Public or community access shall be provided when residential development occurs consistent with standards of the Shoreline Master Program. Cedar River D The primary goal for management of this reach should be ecological enhancement. Additional public access to the water’s edge may be provided if consistent with ecological functions. Public access shall be provided when residential lots are subdivided consistent with standards of this Section. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 57 SHORELINE REACH Public Access Green River Reach A Public physical access from a trail parallel to the water should be provided as private lands redevelop. Public agency actions to improve public access should include acquisition of trail rights to connect the trail system to the Green River Trail and Fort Dent Park. Expansion of public access in the Black River Riparian Forest should occur only if consistent with ecological functions. Black River/Springbrook A Public physical access from a trail parallel to the water should be provided as private lands redevelop. Expansion of public access in the Black River Riparian Forest should occur only if consistent with ecological functions. A trail system is present on the west side of the stream adjacent to the sewage treatment plant and should be retained and possibly enhanced to connect to the Lake to Sound Trail. Springbrook B Enhancement of the trail system on the WSDOT right-of-way that crosses under I-405 should be implemented as part of future highway improvements or other public agency actions. Springbrook C If future development occurs in this area, a continuous trail system connecting to the existing trail system to the south should be planned, consistent with protection of ecological values of wetlands and streamside vegetation. Lake Desire Lake Desire If the existing boat launch area is altered in the future, public access other than boating facilities should include a viewing area. There is currently no formal public access to the water at the Natural Area at the south end of the lake or the County designated Natural Area at the north end of the lake. Interpretive access should be implemented consistent with standards of this Section and goals for preservation and restoration of ecological values. Public access shall be provided when lots are subdivided or new nonresidential development occurs consistent with standards of this Section. 5. Building and Development Location – Shoreline Orientation: a. General: Shoreline developments shall locate the water-dependent, water-related, and water- enjoyment portions of their developments along the shoreline. Development and use shall be designed in a manner that directs land alteration to away from the least most sensitive portions of the site to maximize vegetation conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; minimize risk to persons and property; and preserve aesthetic values. b. Design and Performance Standards: i. Reserved. Location of Development: Development and use shall be designed in a manner d that directs land alteration to the least sensitive portions of the site. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 58 ii. Reserved. Stream/Lake Study Required: An assessment of the existing ecological functions provided by topographic, physical, and vegetation characteristics of the site shall accompany development proposals; provided, that an individual single family residence on a parcel less than twenty thousand (20,000) square feet shall not be subject to this requirement.. Such assessments shall include the following general information: (a) Impacts of the proposed use/development on ecological functions with clear designation of existing and proposed routes for water flow, wildlife movement, and other features. (b) Infrastructure requirements such as parking, services, lighting and other features, together with the effects of those infrastructure improvements on shoreline ecological functions. iii. Minimization of Site Alteration: Development shall minimize site alteration in sites with substantial unaltered natural features by applying the following criteria: (a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading, and alteration of topography and natural features. (b) Impervious surfacing for parking lot/space areas shall be limited through the use of under-building parking or permeable surfaces where feasible. (c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible. (d) Development shall be located and designed to avoid the need for structural shoreline stabilization over the life of the development. Exceptions may be made for the limited instances where stabilization is necessary to protect allowed uses, particularly water- dependent uses, where no alternative locations are available and no net loss of ecological functions will result. iv. Location for Accessory Development: Accessory development or use that does not require a shoreline location shall be located outside of shoreline jurisdiction unless such development is required to serve approved water-oriented uses and/or developments or unless otherwise allowed in a High Intensity designation. When sited within shoreline jurisdiction, uses and/or developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials shall be located inland away from the land/water interface and landward of water-oriented developments and/or other approved uses unless a location closer to the water is reasonably necessary. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 59 v. Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of reasonable access to navigable waters. Existing water-related recreation shall be preserved. 6. Archaeological, Historical, and Cultural Resources: a. Detailed Cultural Assessments May Be Required: The City will work with tribal, State, Federal, and other local governments as appropriate to identify significant local historical, cultural, and archaeological sites in observance of applicable State and Federal laws protecting such information from general public disclosure. Detailed cultural assessments may be required in areas with undocumented resources based on the probability of the presence of cultural resources. b. Coordination Encouraged: Owners of property containing identified or probable historical, cultural, or archaeological sites are encouraged to coordinate well in advance of application for development to assure that appropriate agencies such as the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups have ample time to assess the site and identify the potential for cultural resources. c. Detailed Cultural Assessments Required: Upon receipt of application for a development in an area of known or probable cultural resources, the City shall require a site assessment by a qualified professional archaeologist or historic preservation professional and ensure review by qualified parties including the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups. d. Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts are discovered in the process of development, work on that portion of the site shall be stopped immediately, the site secured, and the find reported as soon as possible to the Administrator of the Department of Community and Economic Development or designee. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and affected tribes. The Administrator of the Department of Community and Economic Development or designee shall provide for a site investigation by a qualified professional and may provide for avoidance, or conservation of the resources, in coordination with appropriate agencies. e. Access for Educational Purposes Encouraged: Land owners are encouraged to provide access to qualified professionals and the general public if appropriate for the purpose of public education related to a cultural resource identified on a property. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 60 7. Standards for Density, Setbacks, and Height: a. Shoreline Bulk Standards: This table establishes the minimum required dimensional requirements for development including all structures and substantial alteration of natural topography. Additional standards may be established in subsection E of this Section, Use Regulations, and subsection F of this Section, Shoreline Modification. Table 4-3-090D7a – Shoreline Bulk Standards Natural Urban Conservancy Shoreline Single Family13 High Intensity13 High Intensity Isolated Aquatic Setbacks and Buffers Structure Setback from Ordinary High Water Mark (OHWM) – Minimum1 Water-Dependent Use 100 ft. 100 ft. None2 None2 None Water-Related or Water Enjoyment Use 100 ft. 100 ft. 100 ft.3 100 ft.4 None Non-Water-Oriented Use 100 ft. 100 ft. 100 ft.3 100 ft.5 None Front Yard, Side Yard, and Rear Yard Setbacks Governed by underlying zoning in chapter 4-2 RMC except in cases where specific shoreline performance standards provide otherwise. A zoning variance Variance from the front and side yard standards may be granted administratively if needed to meet the established shoreline buffer or setback from OHWM, as specified in this Section and if standard the variance criteria of RMC 4-9-250 are met. Vegetation Conservation Buffer for Single Family Residential Uses 1 100 ft. 100 ft. Varies based on lot depth. If the lot depth is: more than 170 ft. – 50 ft. more than 150 ft. to 170 ft – 35 ft. more than 130 ft. to 150 ft. – 20 ft. 100 ft. to 130 ft. – 15 ft. less than 100 ft. – 10 ft. 2,3,4,5,9 None AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 61 Table 4-3-090D7a – Shoreline Bulk Standards Natural Urban Conservancy Shoreline Single Family13 High Intensity13 High Intensity Isolated Aquatic 100 ft.4,5 Vegetation Conservation Buffer for All Other Uses 1 100 ft. 100 ft. 100 ft. 2, 5, 9 100 ft.2,4,5,9 None Building Height – Maximum In Water Not allowed Not allowed 35 ft.6 35 ft.6 35 ft.6 Within 100 ft. of OHWM Not allowed Not allowed 35 ft.7 35 ft.8 Governed by underlying zoning in chapter 4- 2 RMC9 RMC More Than 100 ft. from OHWM 15 ft. 35 ft. 35 ft.7 35 ft.8 Governed by underlying zoning in chapter 4- 2 RMC9 RMC Accessory Building 15 ft. 15 ft. 15 ft. Same as above Governed by underlying zoning in chapter 4- 2 RMC9RMC Coverage Standards Impervious Area within the Vegetation Conservation Buffer/Setback Not allowed 5%10 5%10 5%10 Governed by underlying zoning in chapter 4- 2 RMC9RMC Impervious Area landward of the buffer and within 100 ft. of OHWM – Maximum Not allowed 10%11 50%11 50%11 Governed by underlying zoning in chapter 4- 2 RMC9RMC AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 62 Table 4-3-090D7a – Shoreline Bulk Standards Natural Urban Conservancy Shoreline Single Family13 High Intensity13 High Intensity Isolated Aquatic Lot Coverage for Buildings landward of the buffer and within 100 ft. of OHWM – Maximum 5%12 5%12 25%12 None12 Governed by underlying zoning in chapter 4- 2 RMC9RMC Lot Coverage for Buildings More Than 100 ft. from OHWM – Maximum 5% 15% 35% Governed by underlying zoning in chapter 4- 2 RMC9 Governed by underlying zoning in chapter 4- 2 RMC9 Table Notes: 1. Architectural features of buildings, such as eaves or balconies, and other building elements above the first floor may project a maximum of five feet (5') into the buffer/setback area as established in this table, or as modified by subsection F1 of this Section, Vegetation Conservation building setback. These projections are allowed within the buffer when the building setback is zero feet (0’) from the buffer. The Administrator may allow other projections in the building setback listed in RMC 4-2-110.E.4 where not otherwise specifically addressed in the SMP and not conflicting with the purpose of the building setback. 2. Setback For water-dependent uses, the buffer and associated building setback shall be the maximum determined by the specific needs of the water-dependent use and shall not apply to a structure housing any other use. 3. Building setback and buffer may be based on lot depth as provided in subsection F1c of this Section. Alternative Buffer Widths and Setbacks for Single Family Lots: Setbacks: If the buffer is less than one hundred feet (100’) from the OHWM the building setback is established as the common line setback or fifteen feet (15’) landward from the minimum buffer, whichever is greater. The common line setback is calculated by measuring the closest point of the primary structure to the OHWM on each of the abutting properties and averaging the two (2) primary building setbacks. If a dwelling unit does not exist on an abutting property then the setback AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 63 of the abutting property without a dwelling unit, for the purposes of determining an average setback, shall be equal to thirty percent (30%) of the parcel depth. Buffers: If there is an existing buffer greater than the minimum required it shall be maintained to its present extent, or no greater than one hundred feet (100’) from the OHWM, whichever is closer to the OHW M. If the present buffer is regulated to one hundred feet (100’), the required building setback shall be zero feet (0’). 4. Buildings related to Wwater-oriented uses may be established closer to OHWM only in cases where the vegetation conservation buffer is varied modified in accordance with subsection F1 of this Section, Vegetation Conservation. Buildings provided that in no case shall buildings be no located closer than fifty feet (50'), except as consistent with a Master Site Plan approved prior to the adoption of this Section from OHWM. 5. Non-water-oriented uses may be established closer to OHWM only in cases where the vegetation conservation buffer is varied in accordance with subsection F1 of this Section, Vegetation Conservation. Buildings shall be no closer than seventy five feet (75'), except as consistent with a Master Site Plan approved prior to the adoption of this Section. When a buffer is one hundred feet (100’), the required building setback shall be zero feet (0’). Where the buffer is reduced per RMC 4-3-090.F.1, the Administrator shall require a building setback to ensure that buildings are not located within one hundred feet (100’) of the OHWM in the Natural and Urban Conservancy Environments. In the High Intensity Environment, the required building setback may be reduced to within seventy-five feet (75’) of the OHWM in accordance with RMC 4-3-090.F.1. In the Single Family Environment the buffer and setback is subject to Table Note 3 Alternative Vegetated Buffer Widths and Setbacks for Existing Single Family Lots. 6. Additional height may be allowed if essential to the function of a water-dependent use, except as consistent with a Master Site Plan approved prior to the adoption of this Section. 7. If the maximum allowed height in the underlying zoning is less than the maximum allowed height in the shoreline overlay, a non-shoreline variance from the standard in chapter 4-2 RMC, Zoning Districts – Uses and Standards, must be obtained from the Administrator of the Department of Community and Economic Development or designee to allow any height over the amount allowed in the underlying zone. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 64 8. Additional height may be allowed if essential to the function of a water-dependent use. Height up to that established in chapter 4-2 RMC, Zoning Districts – Uses and Standards, may be allowed for non-water-dependent uses in the following reaches: Lake Washington Reaches C, H, I, and J; Cedar River Reaches A, B, and C; Black River Reach A; May Creek Reach B; and Springbrook Creek Reaches B, C, and D: a. For buildings landward of one hundred feet (100') from OHWM, the maximum building height shall be defined by a maximum allowable building height envelope that shall: i. Begin along a line lying parallel to and one hundred feet (100') from OHWM at a height of either thirty-five feet (35') or one-half (1/2) the maximum height allowed in the underlying zone, whichever is greater; and ii. Have an upward, landward transition at a slope of one vertical to one horizontal from the beginning height either (a) until the line at which the maximum height allowed in the underlying zoning in chapter 4-2 RMC is reached (from which line the height envelope shall extend landward at the maximum height allowed in the underlying zoning), or (b) to the end of shoreline jurisdiction, whichever comes first. b. For buildings allowed waterward of one hundred feet (100') from OHWM through a modified setback and buffer, the maximum building height shall be as follows: i. Between the modified setback and buffer line and the line lying parallel to and one hundred feet (100') from OHWM, the maximum building height shall be defined by a maximum allowable building height envelope that shall: (a) Begin at a height of thirty-five feet (35') along the line of the modified setback and buffer; and (b) Have an upward, landward transition at a slope of one vertical to one horizontal from the beginning height either until the line at which the maximum height allowed in the underlying zoning in chapter 4-2 RMC is reached (from which line the height envelope shall extend landward at the maximum height allowed in the underlying zoning) or to the line lying parallel to and one hundred feet (100') from OHWM, whichever comes first; and AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 65 ii. Landward of one hundred feet (100') from OHWM, the applicant shall have the option of choosing the maximum building height defined by either: (a) Using the maximum allowable building height envelope described in Table Note 8.a, above; or (b) Having the maximum allowable building height envelope described in Table Note 8.b.i, above, continue an upward, landward transition at a slope of one vertical to one horizontal from the envelope’s height along a line lying parallel to and one hundred feet (100') from OHWM either until the line at which the maximum height allowed in the underlying zoning in chapter 4-2 RMC is reached (from which line the height envelope shall extend landward at the maximum height allowed in the underlying zoning), or to the end of shoreline jurisdiction, whichever comes first. 9. For short plats of no more than four (4) lots approved in the Shoreline Single Family or High Intensity shoreline designations, use of the minimum buffer and setback by lot depth is allowed. Height is governed by the underlying standards in chapter 4-2 RMC; provided, that if a property is separated from OHWM by an intervening parcel in separate ownership and the distance from OHWM is less than one hundred feet (100'), the height adjacent to the intervening parcel in separate ownership and the distance from OHWM is less than one hundred feet (100'),, the height adjacent to the intervening parcel is limited to an increase over the maximum allowed use of the intervening parcel at a slope of one vertical to one horizontal. 10. No building coverage is allowed in buffers. Up to five percent (5%) impervious surface is allowed in vegetation conservation buffers/setbacks for access to the shoreline, or a pathway up to six feet (6') wide that is located to minimize impervious surface coverage, whichever is greater. In addition, for projects that provide public access and the opportunity for substantial numbers of people to enjoy the shoreline, up to twenty-five percent (25%) impervious surface is allowed within the buffer; provided, that no more than five percent (5%) impervious surface is allowed closer than twenty-five feet (25') from the OHWM or a pathway up to six feet (6') wide, whichever is greater. The Administrator may approve public access within the first twenty-five feet (25’) from the OHWM where such area already exceeds twenty-five percent (25%) impervious area consistent with RMC 4-10-095. 11. In cases where the depth of the vegetation conservation buffer setback is modified in accordance with subsection F1 of this Section, Vegetation Conservation, that portion of the first less AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 66 than one hundred feet (100') from the OHWM, upon which development is to be located the area landward of the buffer and within one hundred feet (100’) of the OHWM is permitted a maximum of fifty percent (50%) impervious surface, unless a different standard is stated below: Lake Washington Reaches H and I – Up to seventy-five percent (75%) impervious surface, except as consistent with a Master Site Plan approved prior to the adoption of this Section. Lake Washington Reach J – No limit is provided for the Renton Municipal Airport. Cedar River Reach A – No limit is provided for the Renton Municipal Airport. Cedar River Reach B and C – No limit to impervious surface. Cedar River Reach D – No more than five percent (5%) impervious surface. Springbrook Creek Reaches B through D – No more than sixty-five percent (65%) impervious surface. 12. No building coverage is allowed in vegetation conservation buffers. If the buffer depth is modified in accordance with subsection F1 of this Section, Vegetation Conservation, that portion of the setback falls within first one hundred feet (100') from OHWM upon which development is, the area landward of the setback to be located and within one hundred feet (100’) of the OHWM shall be permitted the following lot coverage: Lake Washington High Intensity Overlay District – Up to fifty percent (50%) building coverage, except as consistent with a Master Site Plan approved prior to the adoption of this Section. Cedar River Reach A – Up to twenty percent (20%) for the Renton Municipal Airport. Cedar River Reach B – No limit on building coverage. Cedar River Reach C – Up to sixty-five percent (65%) building coverage, or up to seventy-five percent (75%) if parking is provided within a building or parking garage (parking stall may not be located within one hundred feet (100') of OHWM). Cedar River Reach D – No more than five percent (5%) building coverage. Green River A – Up to fifty percent (50%) building coverage. Springbrook Creek Reach A – No more than five percent (5%) building coverage. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 67 Springbrook Creek Reaches B through D – Up to fifty percent (50%) building coverage. 13. Fences may be permitted in the Single Family and High Intensity designations as follows: a. Fences along a property line aligned roughly perpendicular to the shoreline shall be located landward of the prescribed buffer and shall be no more than four feet (4’) high when separating two residential lots and no more than six feet (6’) high when separating a residential lot from public lands, including right-of-ways. For nonconforming sites where maintained lawn, landscaping, or active use area exists waterward of the prescribed buffer, fences perpendicular to the shoreline may be located waterward of the prescribed buffer but shall be no closer than fifteen feet (15') to the OHWM. b. Fences aligned roughly parallel to the shoreline shall be located landward of the prescribed buffer and shall be no more than four feet (4’) high. For nonconforming sites where maintained lawn, landscaping, or active use area exists waterward of the prescribed buffer, fences parallel to the shoreline may be located waterward of the prescribed buffer but shall be no closer than fifteen feet (15') to the OHWM. c. The opaque portions of a fence (e.g., boards or slats) must not cover more than sixty percent (60%) of the fence; at least forty percent (40%) of the fence must be open. Chain link fences shall not permitted in buffers of rivers or streams; where allowed, chain link fencing shall be vinyl coated. d. No trees shall be removed in order to install the fence. e. No fences may be erected in critical areas or their buffers except in conformance with RMC 4-3-050. f. All fences shall be located outside the flood hazard area. b. City-Wide Development Standards: Table 4-3-090D7a replaces the standards of the underlying zone in chapter 4-2 RMC for those specific standards enumerated. All other standards of the Renton development regulations, flood control regulations, subdivision regulations, health regulations, and other adopted regulatory provisions apply within shoreline jurisdiction. In the event AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 68 the provisions of the Shoreline Master Program conflict with provisions of other City regulations, the more restrictive shall prevail. c. Measurement: i. Horizontal measurement shall be measured outward on a plane and in the direction that results in the greatest dimension from property lines, or from other features specified. ii. Height is measured consistent with the definition of “building height” in RMC 4-11-020. d. Activities Uses and Improvements Exempt from Buffers and Setbacks: The following development activities uses and improvements are not subject to allowed within buffers and setbacks; subject to the shoreline bulk or coverage standards provided, that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological functions; and provided further, that they comply with all the applicable regulations in RMC Title IV: i. Water-Dependent Development: Those portions of approved water-dependent development that require a location waterward of the OHWM of streams, rivers, lakes, ponds, marine shorelines, associated wetlands, and/or within their associated buffers. ii. Underground Utilities: Underground utilities, including stormwater outfalls and conveyance pipes. iii. Modifications Necessary for Agency Compliance: Modifications to existing development that are necessary to comply with environmental requirements of any agency, when otherwise consistent with the Shoreline Master Program; provided, that the Administrator of the Department of Community and Economic Development or designee determines that: (a) The facility cannot meet the dimensional standard and accomplish the purpose for which it is intended; (b) The facility is located, designed, and constructed to meet specified dimensional standards to the maximum extent feasible; and (c) The modification is in conformance with the provisions for nonconforming development and uses. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 69 iv. Necessary Access: Roads, railways, and other essential public facilities that must cross shorelines and are necessary to access approved water-dependent development subject to development standards in subsection E of this Section, Use Regulations. v. Stairs and Walkways: Stairs and walkways not greater than five feet (5') in width or eighteen inches (18') in height above grade, except for railings. vi. Essential Public Facilities: An essential public facility or public utility where the Administrator of the Department of Community and Economic Development or designee determines that: (a) The facility cannot meet the dimensional standard and accomplish the purpose for which it is intended; and (b) The facility is located, designed, and constructed to meet specified dimensional standards to the maximum extent feasible. vii. Shared Moorage: Shared moorages shall not be subject to side yard setbacks when located on or adjacent to a property line shared in common by the project proponents and where appropriate easements or other legal instruments have been executed providing for ingress and egress to the facility. viii. Flood Storage: Approved compensating flood storage areas. 8. Private Property Rights: Regulation of private property to implement any program goals such as public access and protection of ecological functions must be consistent with all relevant constitutional and other legal limitations. These include, but are not limited to, property rights guaranteed by the United States Constitution and the Washington State Constitution, applicable Federal and State case law, and State statutes, such as RCW 34.05.328, 43.21C.060, and 82.02.020. The Administrator of the Department of Community and Economic Development or designee shall have the authority to make findings concerning public access regarding nexus and proportionality on any shoreline permit. 9. Treaty Rights: Rights reserved or otherwise held by Indian Tribes pursuant to treaties, executive orders, or statutes, including right to hunt, fish, gather, and the right to reserved water, shall not be impaired or limited by any action taken or authorized by the City under its Shoreline Master Program, and all rights shall be accommodated. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 70 E. USE REGULATIONS: 1. Shoreline Use Table: Uses specified in the table below are subject to the use and development standards elsewhere in this Section and the policies of the Shoreline Master Program. Uses not specified in this table may be allowed through a Shoreline Conditional Use permit if allowed in the underlying zoning. All development within shoreline jurisdiction, even if a permitted use in the table below, is subject to a Shoreline Substantial Development permit or Shoreline Exemption as required in RMC 4-9-190.B.3. Table 4-3-090E1 Shoreline Use Table: KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use Permit Natural Urban Conservancy Single Family Residential Aquatic High Intensity High Intensity Isolated RESOURCE Aquaculture P1 P1 X P P X Mining X X X X X X Preservation and Enhancement of Natural Features or Ecological Processes P1 P P P8 Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2- 060 are allowed in this overlay district. Low Intensity Scientific, Cultural, Historic, or Educational Use P1 P P P8 Fish and Wildlife Resource Enhancement P1 P P P8 AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 71 Table 4-3-090E1 Shoreline Use Table: KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use Permit Natural Urban Conservancy Single Family Residential Aquatic High Intensity High Intensity Isolated Conditional Use Permit. RESIDENTIAL Detached Dwellings X P4 P5 X Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit. Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2- 060 are allowed in this overlay district. Attached Dwellings X X X X Accessory Dwelling Units X AD AD X Group Homes I X X X X Group Homes II (for six or fewer residents) X X P X Group Homes II (for seven or more residents) X X H X Adult Family Home X X HAs allowed in underlying zoning. X CIVIC USES K-12 Educational Institution (public or private) X X P X Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, Except for the land uses specifically prohibited in this table, land uses allowed in the Roads (not providing direct access to permitted or conditional uses) X X H X AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 72 Table 4-3-090E1 Shoreline Use Table: KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use Permit Natural Urban Conservancy Single Family Residential Aquatic High Intensity High Intensity Isolated subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit. underlying zoning in RMC 4-2- 060 are allowed in this overlay district. COMMERCIAL USES Home Occupations X P AD X Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2- 060 are allowed in this overlay district. Adult Day Care I X X AD X Adult Day Care II X X H X AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 73 Table 4-3-090E1 Shoreline Use Table: KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use Permit Natural Urban Conservancy Single Family Residential Aquatic High Intensity High Intensity Isolated corresponding Shoreline Conditional Use Permit. RECREATION Parks, Neighborhood H1 H6 P P8 Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit. Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2- 060 are allowed in this overlay district. Parks, Regional/Community H1 H6 AD6 P8 Passive Recreation H1 P P P8 Public Hiking and Bicycle Trails, Over Land H1 P1 P X Active Recreation X P2 P P8 Boat Launches X P X P8 Mooring Piles X P P P8 Boat Moorage X P P P8 Boat Lifts X X P7 P8 Boat Houses X X X X Golf Courses X H2 H X Marinas X X AD6 P8 Expansion of Existing Over-Water Trails H10 AD10 AD10 AD10 AD10 X INDUSTRIAL Industrial Use X X X H8 Except for the land uses specified in this table, land uses Except for the land uses specifically AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 74 Table 4-3-090E1 Shoreline Use Table: KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use Permit Natural Urban Conservancy Single Family Residential Aquatic High Intensity High Intensity Isolated allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit. prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2- 060 are allowed in this overlay district. UTILITIES Structures for Floodway Management, Including Drainage or Storage and Pumping Facilities H1 P P P8 Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2- 060 are allowed in this overlay district. Local Service Utilities X P3 P3 P8 AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 75 Table 4-3-090E1 Shoreline Use Table: KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use Permit Natural Urban Conservancy Single Family Residential Aquatic High Intensity High Intensity Isolated Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit. Major Service Utilities X H6 H6 H6 P3 P8 ACCESSORY USES Parking Areas X P3 P3 X Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit. Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2- 060 are allowed in this overlay district. Roads X P3 P3 X Bed and Breakfast House X X AD X Sea Plane Moorage X X P P8 Helipads X X P P8 AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 76 Table 4-3-090E1 Shoreline Use Table: KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use Permit Natural Urban Conservancy Single Family Residential Aquatic High Intensity High Intensity Isolated USES NOT SPECIFIED X X H9 H8 H9 X Table Notes: 1. Provided that the use does not degrade the ecological functions or natural character of the shoreline area. 2. Use is allowed, but structures shall not be placed within the shoreline jurisdiction. 3. Allowed only to serve approved or conditional uses, but should be located outside of shoreline jurisdiction if feasible. 4. Limited to existing lots, or clustered subdivisions that retain sensitive areas. 5. Includes uses customarily incidental to and subordinate to the primary use, and located on the same lot. 6. Existing use is permitted, but new use is subject to a Shoreline Conditional Use Permit. 7. Allowed as accessory to a residential dock; provided, that all lifts are placed as far waterward as feasible and safe; and platform lifts are fully grated. 8. Only allowed if the use is water-dependent. 9. If the unspecified use is prohibited in the underlying zoning it is also prohibited in shoreline jurisdiction. Reserved. 10. No new over-water trails shall be allowed unless it is part of the expansion of an existing over- water trail or over-water trail system. Such expansions shall be considered a conditional use if AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 77 allowed in the Public Access Requirements by Reach Table at subsection D4f of this Section and if impacts are limited. 2. Aquaculture: a. No Net Loss Required: Aquaculture shall not be permitted in areas where it would result in a net loss of ecological functions and shall be designed and located so as not to spread disease to native aquatic life, or establish new non-native species which cause significant ecological impacts. b. Aesthetics: Aquaculture facilities shall not significantly impact the aesthetic qualities of the shoreline. c. Structure Requirements: All structures over or in the water shall meet the following restrictions: i. They shall be securely fastened to the shore. ii. They shall be designed for a minimum of interference with the natural systems of the waterway including, for example, water flow and quality, fish circulation, and aquatic plant life. iii. They should not prohibit or restrict other human uses of the water, such as swimming and/or boating. iv. They shall be set back appropriate distances from other shoreline uses, if potential conf licts exist. 3. Boat Launching Ramps: a. Boat Launching Ramps Shall Be Public: Any new boat launching ramp shall be public, except those related to a marina, water-dependent use, or providing for hand launching of small boats with no provisions for vehicles or motorized facilities. b. No Net Loss Required: Choice of sites for boat launching ramps shall ensure no net loss of ecological functions through assessment of the shoreline conditions and impacts of alteration of those conditions, as well as the disturbance resulting from the volume of boat users. c. Consideration of Impacts on Adjacent Uses: Launch ramps locations shall consider impacts on adjacent uses including: i. Traffic generation and the adequacy of public streets to service. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 78 ii. Impacts on adjacent uses, including noise, light, and glare. iii. Hours of operation may be restricted to assure compatibility. iv. Potential impacts on aquatic habitat, including impacts of disturbance by boats using the facility. d. Water and Shore Characteristics: i. Water depth shall be deep enough off the shore to allow use by boats without maintenance dredging. ii. Water currents and movement and normal wave action shall be suitable for ramp activity. e. Topography: The proposed area shall not present major geological or topographical obstacles to construction or operation of the ramp. Site adaptation such as dredging shall be minimized. f. Design to Ensure Minimal Impact: The ramp shall be designed so as to allow for ease of access to the water with minimal impact on the shoreline and water surface. g. Surface Materials: The surface of the ramp may be concrete, precast concrete, or other hard permanent substance. Loose materials, such as gravel or cinders, will not be used. The material chosen shall be appropriate considering the following conditions: i. Soil characteristics; ii. Erosion; iii. Water currents; iv. Waterfront conditions; v. Usage of the ramp; vi. Durability; and vii. Avoidance of contamination of the water. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 79 h. Shore Facilities Required: i. Adequate on-shore parking and maneuvering areas shall be provided based on projected demand. Provision shall be made to limit use to available parking to prevent spillover outside designated parking areas. ii. Engineering design and site location approval shall be obtained from the appropriate City department. 4. Commercial and Community Services: a. Use Preference and Priorities: New commercial and community services developments are subject to the following: i. Water-Dependent Uses: Water-dependent commercial and community service uses shall be given preference over water-related and water-enjoyment commercial and community service uses. Prior to approval of water-dependent uses, the Administrator of the Department of Community and Economic Development or designee shall review a proposal for design, layout, and operation of the use and shall make specific findings that the use qualifies as a water- dependent use. Water-dependent commercial and community service uses shall provide public access in a manner that will not interfere with the water-dependent aspects of the use. The portion of a site not required for water-oriented use may include multiple use, approved non- water-oriented uses, ecological restoration, and public access. All uses shall provide public access in accordance with subsection D4f of this Section, Table of Public Access Requirements by Reach. On Lake Washington, multiple use development that incorporates water-dependent use within one hundred feet (100') of the OHWM may not include non-water-oriented uses at the ground level. ii. Water-Related Uses: Water-related commercial and community service uses shall not be approved if they displace existing water-dependent uses. Prior to approval of a water-related commercial or community service use, review of the design, layout, and operation of the use shall confirm that the use has a functional requirement for a waterfront location, or the use provides a necessary service supportive of the water-dependent uses, and/or the proximity of the use to its customers makes its services less expensive and/or more convenient. On Lake Washington, allowed water-related commercial and community service uses shall be evaluated in terms of whether the use facilitates a State-wide interest, including increasing public access and public recreational opportunities in the shoreline. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 80 iii. Water-Enjoyment Uses: Water-enjoyment commercial and community service uses shall not be approved if they displace existing water-dependent or water-related uses or if they occupy space designated for water-dependent or water-related use identified in a substantial development permit or other approval. Prior to approval of water-enjoyment uses, review of the design, layout, and operation of the use shall confirm that the use facilitates public access to the shoreline as, or the use provides for, aesthetic enjoyment of the shoreline for a substantial number of people as a primary characteristic of the use. The ground floor of the use must be ordinarily open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that foster shoreline enjoyment. On Lake Washington, allowed water-enjoyment commercial uses shall be evaluated in terms of whether the use facilitates a State-wide interest, including increasing public access and public recreational opportunities in the shoreline. iv. Non-Water-Oriented Uses: Non-water-oriented commercial and community service uses may be permitted where: (a) Located on a site physically separated from the shoreline by another private property in separate ownership or a public right-of-way such that access for water-oriented use is precluded; provided, that such conditions were lawfully established prior to the effective date of the Shoreline Master Program, or established with the approval of the City; or (b) Proposed on a site where navigability is severely limited (i.e., all shoreline rivers and creeks), the commercial or community service use provides a significant public benefit such as providing public access and/or ecological restoration; or (c) The use is part of a multiple use project that provides significant public benefit with respect to the objectives of the Shoreline Management Act such as: (1) Restoration of ecological functions in both in aquatic and upland environments that shall provide native vegetation buffers according to the standards for the specific reach as specified in subsection F1 of this Section, Vegetation Conservation, and in accordance with the Restoration Element of this plan or other plans and policies including the WRIA 8 Salmon Restoration Plans; or (2) The balance of the water frontage not devoted to ecological restoration and associated buffers shall be provided as public access. Community access may be AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 81 allowed subject to the provisions of subsection E9 of this Section, Residential Development. b. Over-Water Structures: Over-water structures are allowed only for those portions of water- dependent commercial uses that require over-water facilities or for public recreation and public access facilities. Non-water-dependent commercial uses shall not be allowed over water except in limited instances where they are appurtenant to and necessary in support of water-dependent uses. c. Setbacks: Public access adjacent to the water may be located within the required setback, subject to the standards for impervious surface in subsection D7a of this Section, Setbacks, for non-water-oriented commercial buildings and shall be located no closer than one hundred feet (100') from the OHWM; provided, this requirement may be modified in accordance with subsection F1 of this Section, Vegetation Conservation. d. Scenic and Aesthetic Qualities: All new or expanded commercial and community services developments shall take into consideration the scenic and aesthetic qualities of the shoreline and compatibility with adjacent uses as provided in subsection D3 of this Section, Use Compatibility and Aesthetic Effects and subsection D5 of this Section, Building and Development Location – Shoreline Orientation. 5. Industrial Use: a. Use Preferences and Priorities: Industrial developments shall be permitted subject to the following: i. Water-Dependent Uses: New industrial uses in new structures within the required setback of the shoreline must be water-dependent. ii. Existing Non-Water-Dependent Uses: Existing non-water-dependent uses may be retained and expanded, subject to provisions for nonconforming uses activities and sites; provided, that expansion of structures within the required setback between the building and the water shall be prohibited unless it is demonstrated that the impacts of the expansion can be mitigated through on-site measures such as buffer enhancement or low impact stormwater development. Changes in use are limited to existing structures. iii. Water-Related Uses: Water-related industrial uses may not be approved if they displace existing water-dependent uses. Prior to approval of a water-related industrial use, review of the design, layout, and operation of the use shall confirm that the use has a functional requirement AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 82 for a waterfront location, or the use provides a necessary service supportive of the water- dependent uses, and/or the proximity of the use to its customers makes its services less expensive and/or more convenient. Allowed water-related commercial uses shall be evaluated in terms of whether the use facilitates a public interest, including increasing public access and public recreational opportunities in the shoreline. iv. Non-Water-Oriented Uses: Non-water-oriented industrial uses may be permitted where: (a) Located on a site physically separated from the shoreline by another private property in separate ownership or a public right-of-way such that access for water-oriented use is precluded; provided, that such conditions were lawfully established prior to the effective date of the Shoreline Master Program; or (b) On a site that abuts the water’s edge where navigability is severely limited (i.e., all shoreline rivers and creeks) and where the use provides significant public benefit with respect to the objectives of the Shoreline Management Act by: (1) Restoration of ecological functions in both in aquatic and upland environments that shall provide native vegetation buffers according to the standards for the specific reach as specified in subsection F1 of this Section, Vegetation Conservation, and in accordance with the Restoration Element of this plan and other plans and policies including the WRIA 8 and 9 Salmon Restoration Plans; or (2) The balance of the water frontage not devoted to ecological restoration and associated buffers shall be provided as public access in accordance with subsection D4 of this Section, Public Access. b. Clustering of Non-Water-Oriented Uses: Any new use of facility or expansion of existing facilities shall minimize and cluster those water-dependent and water-related portions of the development along the shoreline and place inland all facilities which are not water-dependent. c. Over-Water Structures: Over-water structures are allowed only for those portions of water- dependent industrial uses that require over-water facilities. Any over-water structure is water- dependent, is limited to the smallest reasonable dimensions, and is subject to shoreline conditional use approval. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 83 d. Materials Storage: New industrial development may not introduce exterior storage of materials outside of buildings within shoreline jurisdiction, except by approval of a Shoreline Conditional Use Permit subject to the additional criteria that exterior storage is essential to the use. e. No Discharge Allowed: Each industrial use shall demonstrate that no spill or discharge to surface waters will result from the use or shall demonstrate in the permit application a specific program to contain and clean up spills or discharges of pollutants associated with the industrial use and activity. f. Offshore Log Storage: Offshore log storage shall only be allowed only to serve a processing use and shall be located where water depth is sufficient without dredging, where water circulation is adequate to disperse polluting wastes and where they will not provide habitat for salmonid predators. g. Scenic and Aesthetic Qualities: New or expanded industrial developments shall take into consideration the scenic and aesthetic qualities of the shoreline and compatibility with adjacent uses as provided in subsection D3 of this Section, Use Compatibility and Aesthetic Effects, and subsection D5 of this Section, Building and Development Location – Shoreline Orientation. 6. Marinas: a. Applicability: The standards specified for marinas shall be applied to all development as described below: i. Joint use single family docks serving four (4) or more residences. ii. Any dock allowed for multi-family uses. iii. Docks serving all other multiple use facilities including large boat launches and mooring buoy fields. b. Lake Washington: Marinas on Lake Washington shall be permitted only when: i. Detailed analysis of ecological conditions demonstrate that they will not result in a net loss of ecological functions and specifically will not interfere with natural geomorphic processes including delta formation, or adversely affect native and anadromous fish. ii. Future dredging is not required to accommodate navigability. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 84 iii. Adequate on-site parking is available commensurate with the size and character of moorage facilities provided in accordance with the parking standards in RMC 4-4-080F. Parking areas not associated with loading areas shall be sited as far as feasible from the water’s edge and outside of vegetated buffers described in subsection F1 of this Section, Vegetation Conservation. iv. Adequate water area is available commensurate with the actual moorage facilities provided. v. The location of the moorage facilities is adequately served by public roads. c. Location Criteria: i. Marinas shall not be located near beaches commonly used for swimming unless no alternative location exists, and mitigation is provided to minimize impacts to such areas and protect the public health, safety, and welfare. ii. Marinas and accessory uses shall be located only where adequate utility services are available, or where they can be provided concurrent with the development. iii. Marinas, launch ramps, and accessory uses shall be designed so that lawfully existing or planned public shoreline access is not unnecessarily blocked, obstructed, nor made dangerous. d. Design Requirements: i. Marinas shall be designed to result in no net loss of ecological functions. ii. Marinas and boat launches shall provide public access for as many water-dependent recreational uses as possible, commensurate with the scale of the proposal. Features for such access could include, but are not limited to: docks and piers, pedestrian bridges to offshore structures, fishing platforms, artificial pocket beaches, and underwater diving and viewing platforms. iii. Dry upland boat storage is preferred for permanent moorage in order to protect shoreline ecological functions, efficiently use shoreline space, and minimize consumption of public water surface areas unless: (a) No suitable upland locations exist for such facilities; or (b) It is demonstrated that wet moorage would result in fewer impacts to ecological functions; or AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 85 (c) It is demonstrated that wet moorage would enhance public use of the shoreline. iv. Marinas, launch ramps, and accessory uses shall be located and designed with the minimum necessary shoreline stabilization. v. Public access shall be required in accordance with subsection D4 of this Section, Public Access. vi. Piers and docks shall meet standards in subsection E7 of this Section, Piers and Docks. vii. New covered moorage for boat storage is prohibited. Covered over-water structures may be permitted only where vessel construction or repair work is to be the primary activity and covered work areas are demonstrated to be the minimum necessary over-water structures. When feasible any covered over-water structures shall incorporate windows, skylights, or other materials to allow sufficient light to reach the water’s surface. e. Operation Requirements: i. Marinas and other commercial boating activities shall be equipped with facilities to manage wastes, including: (a) Marinas with a capacity of one hundred (100) or more boats, or further than one mile from such facilities, shall provide pump-out, holding, and/or treatment facilities for sewage contained on boats or vessels. (b) Discharge of solid waste or sewage into a water body is prohibited. Marinas and boat launch ramps shall have adequate restroom and sewage disposal facilities in compliance with applicable health regulations. (c) Garbage or litter receptacles shall be provided and maintained by the operator at locations convenient to users. (d) Disposal or discarding of fish or shellfish cleaning wastes, scrap fish, viscera, or unused bait into water or in other than designated garbage receptacles near a marina or launch ramp is prohibited. (e) Public notice of all regulations pertaining to handling and disposal of waste, sewage, fuel, oil or toxic materials shall be reviewed and approved and posted where all users may easily read them. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 86 ii. Fail safe facilities and procedures for receiving, storing, dispensing, and disposing of oil or hazardous products, as well as a spill response plan for oil and other products, shall be required of new marinas and expansion or substantial alteration of existing marinas. Handling of fuels, chemicals, or other toxic materials must be in compliance with all applicable Federal and State water quality laws as well as health, safety, and engineering requirements. Rules for spill prevention and response, including reporting requirements, shall be posted on site. 7. Piers and Docks: a. General Criteria for Use and Approval of All New or Expanded Piers and Docks: i. Piers and docks shall be designed to minimize interference with the public use and enjoyment of the water surface and shoreline, nor create a hazard to navigation. ii. The dock or pier shall not result in the unreasonable interference with the use of adjacent docks and/or piers. iii. The use of floating docks in lieu of other types of docks is to be encouraged in those areas where scenic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. iv. The expansion of existing piers and docks is preferred over the construction of new. v. The responsibility rests on the applicant to affirmatively demonstrate the need for the proposed pier or dock in his/her application for a permit, except for a dock accessory to a single family residence on an existing lot. vi. All piers and docks shall result in no net loss of ecological functions. Docks, piers, and mooring buoys, including those accessory to single family residences, shall avoid, or if that is not possible, minimize and mitigate adverse impacts to shoreline ecological functions such that no net loss of ecological functions results. vii. Over-water construction not required for moorage purposes is regulated as a recreation use. viii. New or expanded piers and docks allowed for water-dependent uses shall be consistent with the following criteria: AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 87 (a) Water-dependent uses shall specify the specific need for over-water location and shall be restricted to the minimum size necessary to meet the needs of the proposed water- dependent use. (b) Water-related, water-enjoyment and multiple uses may be allowed as part of a dock or pier to serve as water-dependent use structures where they are clearly auxiliary to and in support of water-dependent uses, provided the minimum size requirement needed to meet the water-dependent use is not violated. (c) Public access is required over all docks utilizing public aquatic lands that serve water- dependent uses, water-enjoyment uses and multiple uses, provided it does not preclude the water-dependent use. (d) The dock or pier length shall not extend beyond a length necessary to provide reasonable and safe moorage. b. Additional Criteria for New or Expanded Residential Docks: i. Single Family Docks: (a) Single Family Joint Use Docks: A pier or dock which is constructed for private recreation moorage associated with a single family residence, for private joint use by two or more single family waterfront property owners, or a community pier or dock in new waterfront single family subdivision, is considered a water-dependent use; provided, that it is designed and used only as a facility to access watercraft owned by the occupants, and to incidental use by temporary guests. No fees or other compensation may be charged for use by nonresidents of piers or docks accessory to residences. (b) Individual Single Family Docks: The approval of a new dock or pier or a modification or extension of an existing dock or pier shall include a finding that the following criteria have been met: (1) A new dock providing for private recreational moorage for an individual lot may not be permitted in subdivisions approved on or before January 28, 1993, unless shared moorage is not available, and there is no homeowners association or other corporate entity capable of developing shared moorage. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 88 (2) A new dock shall not be allowed for an individual lot in cases where a joint use dock has been constructed to serve the subject lot. (3) Prior to approval of a new dock for private recreational moorage for an individual lot, the owner should demonstrate that adjacent owners have been contacted and they have declined to develop or utilize a shared dock. Such information should be provided in the project narrative at the time of permit submittal. (4) A new dock should be approved only in cases where use of a mooring buoy is demonstrated to be impractical for reducing over-water coverage. ii. Multi-Family Docks: Multi-family residential use is not considered a water-dependent use under the Shoreline Management Act and moorage for multi-family residential use shall be provided only when the following criteria are met: (a) The dock provides a public benefit of shoreline ecological enhancement in the form of vegetation conservation buffer enhancement in accordance with subsection F1 of this Section, Vegetation Conservation, and/or public access in accordance with subsection D4 of this Section, Public Access; (b) Moorage at the proposed dock shall be limited to residents of the apartments, condominiums, or similar developments for which the dock was built; (c) Multi-family moorage serving more than four (4) vessels meets the criteria for the approval of marinas in subsection E6 of this Section, Marinas. iii. Shared Docks Required for New Development: Shared moorage shall be provided for all new residential developments of more than two (2) single family dwelling units. New subdivisions shall contain a restriction on the face of the plat prohibiting individual docks. A site for shared moorage shall be owned in undivided interest by property owners within the subdivision. Shared moorage facilities shall be available to property owners in the subdivision for community access and may be required to provide public access depending on the scale of the facility. If shared moorage is provided, the applicant/proponent shall file at the time of plat recordation a legally enforceable joint use agreement. Approval shall be subject to the following criteria: (a) Shared moorage to serve new development shall be limited to the amount of moorage needed to serve lots with water frontage. Shared moorage use by upland property owners shall be reviewed as a marina. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 89 (b) As few shared docks as possible shall be developed. Development of more than one dock shall include documentation that a single dock would not accommodate the need or that adverse impacts on ecological functions would result from the size of dock required. (c) The size of a dock must consider the use of mooring buoys for some or all moorage needs and the use of all or part of the dock to allow tender access to mooring buoys. (d) Public access shall be provided over all shared docks utilizing public aquatic lands that accommodate five (5) or more vessels. c. Design Criteria – General: i. Pier Type: All piers and docks shall be built of open pile construction except that floating docks may be permitted where there is no danger of significant damage to an ecosystem, where scenic values are high and where one or more of the following conditions exist: (a) Extreme water depth, beyond the range of normal length piling. (b) A soft bottom condition, providing little support for piling. (c) Bottom conditions that render it not feasible to install piling. ii. Construction and Maintenance: All piers and docks shall be constructed and maintained in a safe and sound condition. iii. Approach: Approaches to piers and docks shall consist of ramps or other structures that span the entire foreshore to the point of intersection with stable upland soils. Limited fill or excavation may be allowed landward of the OHWM to match the upland with the elevation of the pier or dock. iv. Materials: Applicants for the new construction or extension of piers and docks or the repair and maintenance of existing docks shall use materials that will not adversely affect water quality or aquatic plants and animals over the long term. Materials used for submerged portions of a pier or dock, decking, and other components that may come in contact with water shall be approved by applicable State agencies for use in water to avoid discharge of pollutants from wave splash, rain or runoff. Wood treated with creosote, pentachlorophenol or other similarly toxic materials is prohibited. Pilings shall be constructed of untreated materials, such as untreated wood, approved plastic composites, concrete or steel. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 90 v. Pilings: Pile spacing shall be the maximum feasible to minimize shading and avoid a “wall” effect that would block or baffle wave patterns, currents, littoral drift, or movement of aquatic life forms, or result in structure damage from driftwood impact or entrapment. The first piling set shall be spaced at the maximum distance feasible to minimize shading and shall be no less than eighteen feet (18'). Pilings beyond the first set of piles shall minimize the size of the piles and maximize the spacing between pilings to the extent allowed by site-specific engineering or design considerations. vi. Minimization of Nearshore Impacts: In order to minimize impacts on nearshore areas and avoid reduction in ambient light level: (a) The width of piers, docks, and floats shall be the minimum necessary to serve the proposed use. (b) Ramps shall span as much of the nearshore as feasible. (c) Dock surfaces shall be designed to allow light penetration. (d) Lights shall avoid illuminating the water surface. Lighting facilities shall be limited to the minimum extent necessary to locate the pier or dock at night for docks serving residential uses. Lighting to serve water-dependent uses shall be the minimum required to accommodate the use and may not be used when the water-dependent aspects of the use are not in operation. vii. Covered Moorage: Covered moorage is not allowed on any moorage facility unless translucent materials are used that allow light penetration through the canopy, or through the roof of legal, pre-existing boat houses. Temporary vessel covers must be attached to the vessel. New boat houses are not allowed. viii. Seaplane Moorage: Seaplane moorage may be accommodated at any dock that meets the standards of the Shoreline Master Program. ix. Other Agency Requirements: If deviation from the design standards specified in subsection E7 of this Section, Piers and Docks, is approved by another agency with permitting authority, such as the Washington Department of Fish and Wildlife or the U.S. Army Corps of Engineers, it shall be approved with a variance, subject to all conditions and requirements of those permitting agencies. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 91 d. Design Standards: Single Family Joint Use and Community Docks Commercial and Industrial Docks – Water-Dependent Uses Non-Water- Dependent Uses WHEN ALLOWED Maximum of one pier or dock per developed waterfront lot or ownership. A joint use dock may be constructed for two (2) or more contiguous waterfront properties and may be located on a side property line, or straddling a side property line, common to both properties or be provided with an access easement for all lots served.1 Joint use docks or piers serving more than four (4) residences shall be regulated as marinas. Water-dependent commercial and industrial uses may develop docks and piers to the extent that they are required for water-dependent use. Public access shall be provided in accordance with subsection D4 of this Section, Public Access. Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. LENGTH – MAXIMUM Docks and Piers Minimum needed to provide moorage for a single family residence, a maximum of one ell and two (2) fingers. Maximum: 80 ft. from OHWM.2 Minimum needed to provide moorage for the single family residences or community being served. Maximum: 80 ft. from OHWM.2 Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Maximum: 120 ft. from OHWM.2 Facilities adjacent to a designated harbor area: The dock or pier may extend to the lesser of: a) The general standard, above; or b) The inner harbor line or such point beyond the inner harbor line as is allowed by formal authorization by the Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 92 Single Family Joint Use and Community Docks Commercial and Industrial Docks – Water-Dependent Uses Non-Water- Dependent Uses Washington State Department of Natural Resources (DNR) or other agency with jurisdiction. Ells and Fingers 26 ft. 26 ft. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Floats 20 ft. 20 ft. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. WIDTH Docks and Piers 4 ft.4 6 ft. Maximum walkway: 8 ft., but 12 ft. if vehicular access is required for the approved use.3 Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. Ells and Floats 6 ft. 6 ft. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Fingers 2 ft. 2 ft. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 93 Single Family Joint Use and Community Docks Commercial and Industrial Docks – Water-Dependent Uses Non-Water- Dependent Uses Ramp Connecting a Pier/Dock to a Float 3 ft. for walkway, 4 ft. total 3 ft. for walkway, 4 ft. total Minimum needed to serve specific vessels or other water- dependent uses specified in the application. PILINGS – MAXIMUMS Mooring Piles Two (2) piles, up to 12 in. in diameter, installed within 24 ft. of a dock or pier and out of the nearshore area. Four (4) piles, up to 12 in. in diameter, installed within 24 ft. of a dock or pier and out of the nearshore area. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. SETBACKS – MINIMUMS Side Setback No portion of a pier or dock may lie closer than 5 ft. to an adjacent property line and may not interfere with navigation. No portion of a pier or dock may lie closer than 5 ft. to an adjacent property line and may not interfere with navigation. No portion of a pier or dock may lie closer than 30 ft. to an adjacent property line. Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. Table Notes: 1. A joint use ownership agreement or covenant shall be executed and recorded with the King County Assessor’s Recorder’s Office prior to the issuance of permits. A copy of the recorded agreement shall be provided to the City. Such documents shall specify ownership rights and maintenance provisions, including: specifying the parcels to which the agreement shall apply; AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 94 providing that the dock shall be owned jointly by the participating parcels and that the ownership shall run with the land; providing for easements to access the dock from each lot served and provide for access for maintenance; providing apportionment of construction and maintenance expenses; and providing a means for resolution of disputes, including arbitration and filing of liens and assessments. 2. Maximum length is eighty feet (80') unless a depth of ten feet (10') cannot be obtained. In such circumstances the dock may be extended until the water depth reaches a point of ten feet (10') in depth at ordinary low water. 3. Additional width may be allowed to accommodate public access in addition to the water- dependent use. 4. That portion of a pier or dock beyond thirty feet (30') from OHWM may be up to six feet (6') wide, without a variance, if approved by the U.S. Army Corps of Engineers or the Washington Department of Fish and Wildlife; or a pier or dock may be six feet (6') wide, waterward from land, without a variance, if the property owner qualifies for State disabled accommodations. e. Maintenance and Repair of Docks: Existing docks or piers that do not comply with these regulations may be repaired in accordance with the criteria below. i. When the repair and/or replacement of the surface area exceeds thirty percent (30%) of the surface area of the dock/pier, light penetrating materials must be used for all replacement decking. For floating docks, light penetrating materials shall be used where feasible, and as long as the structural integrity of the dock is maintained. ii. When the repair involves replacement of the surfacing materials only, there is no requirement to bring the dock/pier into conformance with dimensional standards of this Section. iii. When the repair/replacement involves the replacement of more than fifty percent (50%) of the pilings, or more, the entire structure shall be replaced in compliance with these regulations. For floating docks, when the repair/replacement involves replacement of more than fifty percent (50%) of the total supporting structure (including floats, pilings, or cross-bars), the entire structure shall be replaced in compliance with these regulations. iv. When the existing dock/pier is moved or expanded or the shape reconfigured, the entire structure shall be replaced in compliance with these regulations. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 95 f. Buoy and Float Regulations: i. Buoys Preferred: The use of buoys for moorage is preferable to piers, docks, or floats and buoys may be sited under a shoreline exemption instead of a Substantial Development Permit, provided they do not exceed the cost threshold. ii. Floats: Floats shall be allowed under the following conditions: (a) The float is served by a dock attached to the shore for use of only a tender. The dock shall be the minimum length to allow access to a tender and may not exceed a length of forty feet (40'). (b) Floats shall be anchored to allow clear passage on all sides by small watercraft. (c) Floats shall not exceed a maximum of one hundred (100) square feet in size. A float proposed for joint use between adjacent property owners may not exceed one hundred and fifty (150) square feet per residence. Floats for public use shall be sized in order to provide for the specific intended use and shall be limited to the minimum size necessary. (d) A single family residence may only have one float. (e) Floats shall not be located a distance of more than eighty feet (80') beyond the OHWM, except public recreation floats. g. Variance to Dock and Pier Dimensions: i. Requests for greater dock and pier dimensions than those specified above may be submitted as a shoreline variance application, unless otherwise specified. ii. Any greater dimension than those listed above may be allowed subject to findings that a variance request complies with: (a) The general criteria for shoreline variance approval in RMC 4-9-190I4. (b) The additional criteria that the allowed dock or pier cannot reasonably provide the purpose for which it is intended without specific dimensions to serve specific aspects of a water-dependent use. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 96 (c) Meets the general criteria for all new and expanded piers and docks in subsection E7a of this Section. 8. Recreation: a. When Allowed: Recreation activities are allowed when: i. There is no net loss of ecological functions, including on- and off-site mitigation. ii. Water-related and water-enjoyment uses do not displace water-dependent uses and are consistent with existing water-related and water-enjoyment uses. iii. The level of human activity involved in passive or active recreation shall be appropriate to the ecological features and shoreline environment. iv. State-owned shorelines shall be recognized as particularly adapted to providing wilderness beaches, ecological study areas, and other recreational uses for the public in accordance with RCW 90.58.100(4). b. Location Relative to the Shoreline: Activities provided by recreational facilities must bear a substantial relationship to the shoreline, or provide physical or visual access to the shoreline. i. Water-dependent recreation such as fishing, swimming, boating, and wading should be located on the shoreline. ii. Water-related recreation such as picnicking, hiking, and walking should be located near the shoreline. iii. Non-water-related recreation facilities shall be located inland. Recreational facilities with large grass areas, such as golf courses and playing fields, and facilities with extensive impervious surfaces shall observe vegetation management standards providing for native vegetation buffer areas along the shoreline. c. Over-Water Structures: Over-water structures for recreation use shall be allowed only when: i. They allow opportunities for substantial numbers of people to enjoy the shorelines of the State. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 97 ii. They are not located in or adjacent to areas of exceptional ecological sensitivity, especially aquatic and wildlife habitat areas. iii. They are integrated with other public access features, particularly when they provide limited opportunities to approach the water’s edge in areas where public access is set back to protect sensitive ecological features at the water’s edge. iv. No net loss of ecological functions will result. d. Public Recreation: Public recreation uses shall be permitted within the shoreline only when the following criteria are considered: i. The natural character of the shoreline is preserved and the resources and ecology of the shoreline are protected. ii. Accessibility to the water’s edge is provided consistent with public safety needs and in consideration of natural features. iii. Recreational development shall be of such variety as to satisfy the diversity of demands of the local community. iv. Water-related and water-enjoyment uses do not displace water-dependent uses and uses are consistent with existing water-related and water-enjoyment uses. v. Recreational development is located and designed to minimize detrimental impact on the adjoining property. vi. The development provides parking and other necessary facilities to handle the designed public use. vii. Effects on private property are consistent with all relevant constitutional and other legal limitations on regulation or acquisition of private property. viii. Public parks and other public lands shall be managed in a manner that provides a balance between providing opportunities for recreation and restoration and enhancement of the shoreline. Major park development shall be approved only after a master planning process that provides for a balance of these elements. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 98 e. Private Recreation: i. Private recreation uses and facilities that exclude the public from public aquatic lands are prohibited. Private recreation uses that utilize public aquatic lands shall provide public access in accordance with criteria in subsection D4 of this Section, Public Access. ii. Private recreational uses open to the public shall be permitted only when the following standards are met: (a) There is no net loss of ecological functions, including on- and off-site. (b) There is reasonable public access provided to the shoreline at no fee for sites providing recreational uses that are fee supported, including access along the water’s edge where appropriate. In the case of Lake Washington, significant public access shall be provided in accordance with public access criteria in subsection D4 of this Section, Public Access. (c) The proposed facility will have no significant detrimental effects on adjacent parcels and uses. (d) Adequate, screened, and landscaped parking facilities that are separated from pedestrian paths are provided. (e) Recreational uses are encouraged in multiple use commercial development. 9. Residential Development: a. Single Family Priority Use and Other Residential Uses: Single family residences are a priority on the shoreline under the Shoreline Management Act (RCW 90.58.020). All other residential uses are subject to the preference for water-oriented use and must provide for meeting the requirements for ecological restoration and/or public access. b. General Criteria: Residential developments shall be allowed only when: i. Density and other characteristics of the development are consistent with the Renton Comprehensive Plan and Zoning Code. ii. Residential structures shall provide setbacks and buffers as provided in subsection D7a of this Section, Shoreline Bulk Standards, or as modified under subsection F1 of this Section, Vegetation Conservation. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 99 c. Public Access Required: Unless deemed inappropriate due to health, safety, or environmental concerns, new single family residential developments, including subdivision of land for ten (10) or more parcels, shall provide public access in accordance with subsection D4 of this Section, Public Access. Unless deemed inappropriate due to health, safety or environmental concerns, new multi- family developments shall provide a significant public benefit such as providing public access and/or ecological restoration along the water’s edge. For such proposed development, a community access plan may be used to satisfy the public access requirement if the following written findings are made by the Administrator of the Department of Community and Economic Development or designee: i. The community access plan allows for a substantial number of people to enjoy the shoreline; and ii. The balance of the waterfront not devoted to public and/or community access shall be devoted to ecological restoration. d. Shoreline Stabilization Prohibited: New residential development shall not require new shoreline stabilization. Developable portions of lots shall not be subject to flooding or require structural flood hazard reduction measures within a channel migration zone or floodway to support intended development during the life of the development or use. Prior to approval, geotechnical analysis of the site and shoreline characteristics shall demonstrate that new shoreline stabilization is unlikely to be necessary for each new lot to support intended development during the life of the development or use. e. Critical Areas: New residential development shall include provisions for critical areas including avoidance, setbacks from steep slopes, bluffs, landslide hazard areas, seismic hazard areas, riparian and marine shoreline erosion areas, and shall meet all applicable development standards. Setbacks from hazards shall be sufficient to protect structures during the life of the structure (one hundred (100) years). f. Vegetation Conservation: All new residential lots shall meet vegetation conservation provisions in subsection F1 of this Section, Vegetation Conservation, including the full required buffer area together with replanting and control of invasive species within buffers to ensure establishment and continuation of a vegetation community characteristic of a native climax community. Each lot must be able to support intended development without encroachment on vegetation conservation areas, except for public trains and other uses allowed within such areas. Areas within vegetation conservation areas shall be placed in common or public ownership when feasible. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 100 g. New Private Docks Restricted: All new subdivisions shall record a prohibition on new private docks on the face of the plat. An area reserved for shared moorage may be designated if it meets all requirements of the Shoreline Master Program including demonstration that public and private marinas and other boating facilities are not sufficient to meet the moorage needs of the subdivision. h. Floating Residences Prohibited: Floating residences are prohibited. 10. Transportation: a. General Standards: New and expanded transportation facilities shall be designed to achieve no net loss of ecological functions within the shoreline. To the maximum extent feasible the following standards shall be applied to all transportation projects and facilities: i. Facilities shall be located outside of the shoreline jurisdiction and as far from the land/water interface as possible. Expansion of existing transportation facilities shall include analysis of system options that assess the potential for alternative routes outside shoreline jurisdiction or set back further from the land/water interface. ii. Facilities shall be located and designed to avoid significant natural, historical, archaeological, or cultural sites, and mitigate unavoidable impacts. iii. Facilities shall be designed and maintained to prevent soil erosion, to permit natural movement of groundwater, and not adversely affect water quality or aquatic plants and animals over the life of the facility. iv. All debris and other waste materials from construction shall be disposed of in such a way as to prevent their entry by erosion into any water body and shall be specified in submittal materials. v. Facilities shall avoid the need for shoreline protection. vi. Facilities shall allow passage of flood waters, fish passage, and wildlife movement by using bridges with the longest span feasible or when bridges are not feasible, culverts and other features that provide for these functions. vii. Facilities shall be designed to accommodate as many compatible uses as feasible, including, but not limited to: utilities, viewpoint, public access, or trails. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 101 b. Roads: i. New public or private roads and driveways shall be located inland from the land/water interface, preferably out of the shoreline, unless: (a) Perpendicular water crossings are required for access to authorized uses consistent with the Shoreline Master Program; or (b) Facilities are primarily oriented to pedestrian and nonmotorized use and provide an opportunity for a substantial number of people to enjoy shoreline areas, and are consistent with policies and regulations for ecological protection. ii. Road locations shall be planned to fit the topography, where possible, in order that minimum alteration of existing natural conditions will be necessary. iii. RCW 36.87.130 prohibits vacation of any right-of -way that abuts freshwater except for port, recreational, educational or industrial purposes. Therefore, development, abandonment, or alteration of undeveloped road ends within Shoreline Master Program jurisdiction is prohibited unless an alternate use is approved in accordance with the Shoreline Master Program. c. Railroads: New or expanded railroads shall be located inland from the land/water interface and out of the shoreline where feasible. Expansion of the number of rails on an existing right-of-way shall be accompanied by meeting the vegetation conservation provisions for moderate expansion of nonconforming uses in RMC 4-10-095, Shoreline Master Program, Nonconforming Uses, Activities, Structures and Sites. d. Trails: i. Trails that provide public access on or near the water shall be located, designed, and maintained in a manner that protects the existing environment and shoreline ecological functions. Preservation or improvement of the natural amenities shall be a basic consideration in the design of shoreline trails. ii. The location and design of trails shall create the minimum impact on adjacent property owners including privacy and noise. iii. Over-water structures may be provided for trails in cases where: AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 102 (a) Key trail links for local or regional trails must cross streams, wetlands, or other water bodies. (b) For interpretive facilities. (c) To protect sensitive riparian and wetland areas from the adverse impacts of at grade trails, including soil compaction, erosion potential and impedance of surface and groundwater movement. iv. Trail width and surface materials shall be appropriate for the context with narrow soft surface trails in areas of high ecological sensitivity where the physical impacts of the trail and the number of users should be minimized with wider hard-surfaced trails with higher use located in less ecologically sensitive areas. e. Parking: i. When Allowed: Parking facilities in shorelines are not a preferred use and shall be allowed only as necessary to serve an authorized primary use. ii. Public Parking: (a) In order to encourage public use of the shoreline, public parking is to be provided at frequent locations on public streets, at shoreline viewpoints, and at trailheads. (b) Public parking facilities shall be located as far as feasible from the shoreline unless parking areas close to the water are essential to serve approved recreation and public access. In general, only handicapped disabled parking should be located near the land/water interface with most other parking located within walking distance and outside of vegetation conservation buffers provided in subsection F1 of this Section, Vegetation Conservation. (c) Public parking facilities shall be designed and landscaped to minimize adverse impact upon the shoreline and adjacent lands and upon the water view. iii. Private Parking: (a) Private parking facilities should be located away from the shoreline unless parking areas close to the water are essential to serve approved uses and/or developments. When sited AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 103 within shoreline jurisdiction, parking shall be located inland away from the land/water interface and landward of water-oriented developments and/or other approved uses. (b) Surface parking areas shall be located and designed to minimize visual impacts as viewed from the shoreline and from views of the shoreline from upland properties. (c) Parking structures shall be located outside of shoreline vegetation conservation buffers and behind or within the first row of buildings between the water and the developed portions of a site and designed such that the frontage visible from the shoreline accommodates other uses and parked cars are not visible from that frontage. (d) Parking lot design, landscaping and lighting shall be governed by the provisions of chapter 4-4 RMC and the provisions of the Shoreline Master Program. f. Aviation: i. Prohibited Near Natural or Urban Conservancy Areas: Aviation facilities are prohibited within two hundred feet (200') of a Natural or Urban Conservancy Shoreline Overlay District. ii. Airports: (a) A new airport shall not be allowed to locate within the shoreline; however, an airport already located within a shoreline shall be permitted. (b) Upgrades of facilities to meet FAA requirements or improvements in technology shall be permitted. (c) Facilities to serve seaplanes may be included as an accessory use in any existing airport. (d) Helipads may be included as an accessory use in any existing airport. (e) Aviation-related manufacturing shall be permitted in an airport. (f) New or upgraded airport facilities shall be designed and operated such that: (1) All facilities that are non-water-dependent shall be located outside of shoreline jurisdiction, if feasible. When sited within shoreline jurisdiction, uses and/or developments such as parking, hangars, service buildings or areas, access roads, AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 104 utilities, signs, and storage of materials shall be located as far from the land/water interface as feasible. The minimum setback shall be twenty feet (20') from the OHWM of the shoreline and shall be designed and spaced to allow viewing of airport activities from the area along the water’s edge. (2) New or upgraded airport facilities shall minimize impacts on shoreline ecological functions, including control of pollutant discharge. The standards for water quality and criteria for application shall be those in current stormwater control regulations. (3) New facilities dispensing fuel or facilities associated with use of hazardous materials shall require a Shoreline Conditional Use Permit. iii. Seaplanes: (a) Private: (1) Operation of a single private seaplane on waters where FAA has designated a seaplane landing area is not regulated by the Shoreline Master Program. (2) Moorage of a seaplane is addressed in subsection E7 of this Section, Piers and Docks. (b) Commercial: New commercial seaplane facilities, including docks and storage area bases, may be allowed in industrial areas provided such bases are not contiguous to residential areas and provided they meet standards in subsection E7 of this Section, Piers and Docks. iv. Helicopter Landing Facilities: (a) Private: Establishment of a helipad on a single family residential lot is allowed subject to the standards of RMC 4-2-080A111. Conditions shall be imposed to mitigate impacts within the shoreline. (b) Commercial: New commercial heliports, including those accessory to allowed uses, are allowed by Shoreline Conditional Use Permit, subject to the standards of the Shoreline Master Program. v. New Seaplane Facilities and Heliports – Criteria for Approval: AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 105 (a) Review shall include consideration of location approval in terms of compatibility with affected uses including short- and long-term noise impacts, impacts on habitat areas of endangered or threatened species, environmentally critical and sensitive habitats, and migration routes: (1) On adjacent parcels; and (2) On over-flight areas. (b) Conditions shall be imposed to mitigate impacts within the shoreline and also non- shoreline over flight and related impacts. 11. Utilities: a. Criteria for All Utilities: i. Local utility services needed to serve water-dependent and other permitted uses in the shoreline are subject to standards for ecological protection and visual compatibility. ii. Major utility systems shall be located outside of shoreline jurisdiction, to the extent feasible, except for elements that are water-dependent and crossings of water bodies and other elements of shorelands by linear facilities. iii. New public or private utilities shall be located inland from the land/water interface, preferably out of shoreline jurisdiction, unless: (a) Perpendicular water crossings are unavoidable; or (b) Utilities are necessary for authorized shoreline uses consistent with the Shoreline Master Program. iv. Linear facilities consisting of pipelines, cables and other facilities on land running roughly parallel to the shoreline shall be located as far from the water’s edge as feasible and preferably outside of shoreline jurisdiction. v. Linear facilities consisting of pipelines, sewers, cables and other facilities on aquatic lands running roughly parallel to the shoreline that may require periodic maintenance that would disrupt shoreline ecological functions shall be discouraged except where no other feasible alternative exists. When permitted, provisions shall assure that the facilities do not result in a net AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 106 loss of shoreline ecological functions or significant impacts to other shoreline resources and values. vi. Utilities shall be located in existing rights-of-way and corridors, whenever reasonably feasible. vii. Local service utilities serving new development shall be located underground, wherever reasonably feasible. viii. Utility crossings of water bodies shall be attached to bridges or located in other existing facilities, if reasonably feasible. If new installations are required to cross water bodies or wetlands they should avoid disturbing banks and streambeds and shall be designed to avoid the need for shoreline stabilization. Crossings shall be tunneled or bored where reasonably feasible. Installations shall be deep enough to avoid failures or need for protection due to exposure due to streambed mobilization, aggregation or lateral migration. Underwater utilities shall be placed in a sleeve if reasonably feasible to avoid the need for excavation in the event of the need for maintenance or replacement. ix. In areas where utility installations would be anticipated to significantly alter natural groundwater flows, a barrier or conduit to impede changes to natural flow characteristics shall be provided. x. Excavated materials from construction of utilities shall be disposed of outside of the vegetation conservation buffer except if utilized for ecological restoration and shall be specified in submittal materials. xi. Utilities shall be located and designed to avoid natural, historic, archaeological or cultural resources to the maximum extent feasible and mitigate adverse impacts where unavoidable. xii. Utilities shall be located, designed, constructed, and operated to result in no net loss of shoreline ecological functions with appropriate on- and off-site mitigation including compensatory mitigation. xiii. All utility development shall be consistent with and coordinated with all local government and State planning, including comprehensive plans and single purpose plans to meet the needs of future populations in areas planned to accommodate growth. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 107 xiv. Site planning and rights-of-way for utility development should provide for compatible multiple uses such as shore access, trails, and recreation or other appropriate use whenever possible. Utility right-of-way acquisition should be coordinated with transportation and recreation planning. xv. Vegetation Conservation: (a) Native vegetation shall be maintained whenever reasonably feasible. (b) When utility projects are completed in the water or shoreland, the disturbed area shall be restored as nearly as possible to the original condition. (c) All vegetation and screening shall be hardy enough to withstand the travel of service trucks and similar traffic in areas where such activity occurs. xvi. A structure or other facility enclosing a telephone exchange, sewage pumping or other facility, an electrical substation, or other above ground public utility built in the shoreline area shall be: (a) Housed in a building that shall conform architecturally with the surrounding buildings and area or with the type of building that will develop as provided by the zoning district and applicable design standards. (b) An unhoused installation on the ground or a housed installation that does not conform with the standards above shall be sight-screened in accordance with RMC 4-4-095 with evergreen trees, shrubs, and landscaping materials planted in sufficient depth to form an effective and actual sight barrier within five (5) years. (c) An unhoused installation of a potentially hazardous nature, such as an electrical distribution substation, shall be enclosed with an eight (8) foot high open wire fence, or masonry wall. Such installations shall be sight-screened in accordance with RMC 4-4- 095 with evergreen trees, shrubs, and landscaping materials planted in sufficient depth to form an effective and actual sight barrier, except at entrance gate(s), within five (5) years. b. Special Considerations for Pipelines: i. Installation and operation of pipelines shall protect the natural conditions of adjacent water courses and shorelines. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 108 ii. Water quality is not to be degraded to the detriment of aquatic life nor shall water quality standards be violated. iii. Petro-chemical or toxic material pipelines shall have automatically controlled shutoff valves at each side of the water crossing. iv. All petro-chemical or toxic material pipelines shall be constructed in accordance with the regulations of the Washington State Transportation Commission and subject to review by the City Public Works Department. c. Major Utilities – Specifications: i. Electrical Installations: (a) Overhead High Voltage Power Lines: (1) Overhead electrical transmission lines of fifty-five (55) kV and greater voltage within the shoreline shall be relocated to a route outside of the shoreline, where feasible when: • Such facilities are upgraded to a higher voltage. • Additional lines are placed within the corridor. (2) The support structures for new overhead power lines shall be designed to avoid or minimize impacts to shoreline areas. (b) Underwater electrical transmission lines shall be located and designed to: (1) Utilize existing transportation or utility corridors where feasible. (2) Avoid adverse impacts to navigation. (3) Be posted with warning signs. (c) Electrical Distribution Substations: Electrical distribution substations shall be: (1) Located outside of the shoreline, where feasible, and may be located within a shoreland location only when the applicant proves no other site out of the shoreland area exists. (2) Located as far as feasible from the land/water interface. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 109 (3) Screened as required by in the criteria for all utilities, above. ii. Communications: This Section applies to telephone exchanges including radar transmission installations, receiving antennas for cable television and/or radio, wireless communication facilities and any other facility for the transmission of communication signals. (a) Communications installations may be permitted in the shoreline area only when there exists no feasible site out of the shoreline and water area. (b) All structures shall meet the screening requirements in the criteria for all utilities, above. (c) If approved within the shoreline, such installations shall reduce aesthetic impacts by locations as far as possible from residential, recreational, and commercial activities. (d) Cellular communication facilities may be located in the shoreline only when mounted on buildings and screened by architectural features compatible with the design of the building. iii. Pipeline Utilities: All pipeline utilities shall be underground. When underground projects are completed on the bank of a water body or in the shoreland or a shoreline, the disturbed area shall be restored to the original configuration. Underground utility installations shall be permitted only when the finished installation shall not impair the appearance of such areas. iv. Public Access: All utility companies shall be asked to provide pedestrian public access to utility owned shorelines when such areas are not potentially hazardous to the public. Where utility rights-of-way are located near recreational or public use areas, utility companies shall be encouraged to provide said rights-of-way as parking or other public use areas for the adjacent public use area. As a condition of location of new utilities within the shoreline, the City may require provision of pedestrian public access. v. All-Inclusive Utility Corridor: When it is necessary for more than one major utility to go along the same general route, the common use of a single utility right-of-way is strongly encouraged. It would be desirable to include railroad lines within this right-of-way also. d. Local Service Utilities, Specifications: i. Electrical Distribution: New electrical distribution lines within the shoreline shall be placed underground; provided, that distribution lines that cross water or other critical areas may be allowed to be placed above ground if: AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 110 (a) There is no feasible alternative route. (b) Underground installation would substantially disrupt ecological functions and processes of water bodies and wetlands; horizontal drilling or similar technology that does not disturb the surface is not feasible. (c) Visual impacts are minimized to the extent feasible. (d) If overhead facilities require prevent that native trees and other vegetation cannot to be maintained in a vegetation conservation buffer as provided in subsection F1 of this Section, Vegetation Conservation, compensatory mitigation shall be provided on- or off-site. ii. Water Lines: (a) New water lines shall not cross water, wetlands or other critical areas unless there is no reasonably feasible alternative route. (b) Sizes and specifications shall be determined by the Public Works Department in accordance with American Water Works Association (AWWA) guidelines. iii. Sanitary Sewer: (a) The use of outhouses or privies is prohibited. Self-contained outhouses may be allowed for temporary, seasonal, or special events. (b) All uses shall hook to the municipal sewer system. There shall be no septic tanks or other on-site sewage disposal systems. (c) Sewage trunk lines, interceptors, pump stations, treatment plants, and other components that are not water-dependent shall be located away from shorelines unless: (1) Alternative locations, including alternative technology, are demonstrated to be infeasible. (2) The facilities do not result in a net loss of shoreline ecological functions. (3) The facilities do not result in significant impacts to other shoreline resources and values such as parks and recreation facilities, public access and archaeological, historic, and cultural resources, and aesthetic resources. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 111 (d) Storm drainage and pollutant drainage shall not enter the sanitary sewer system. (e) During construction phases, commercial sanitary chemical toilets may be allowed only until proper plumbing facilities are completed. (f) All sanitary sewer pipe sizes and materials shall be approved by the Public Works Department. iv. Stormwater Management: (a) The City will work with private property owners and other jurisdictions to maintain, enhance and restore natural drainage systems to protect water quality, reduce flooding, reduce public costs and prevent associated environmental degradation to contribute to the goal of no net loss of shoreline ecological functions. (b) All new development shall meet current stormwater management requirements for detention and treatment. (c) Individual single family residences may be subject to water quality management requirements to ensure the quality of adjacent water bodies. (d) Stormwater ponds, basins and vaults shall be located as far from the water’s edge as feasible and may not be located within vegetation conservation buffers. (e) The location design and construction of stormwater outfalls shall limit impacts on receiving waters and comply with all appropriate local, State, and Federal requirements. Infiltration of stormwater shall be preferred, where reasonably feasible. (f) Stormwater management may include a low impact development stormwater conveyance system in the vegetation buffer, if the system is designed to mimic the function and appearance of a natural shoreline system and complies with all other requirements and standards of subsection F1 of this Section, Vegetation Conservation. v. Solid Waste Facilities: (a) Facilities for processing, storage, and disposal of solid waste are not normally water- dependent. Components that are not water-dependent shall not be permitted on shorelines. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 112 (b) Disposal of solid waste on shorelines or in water bodies has the potential for severe adverse effects upon ecological functions, property values, public health, natural resources, and local aesthetic values and shall not be permitted. (c) Temporary storage of solid waste in suitable receptacles is permitted as an accessory use to a primary permitted use, or for litter control. F. SHORELINE MODIFICATION: 1. Vegetation Conservation: a. Standard Vegetation Conservation Buffer Width: Except as otherwise specified in this Section the Shoreline Master Program, water bodies defined as shorelines shall have a minimum one hundred foot (100') vegetation management buffer measured from the OHWM of the regulated shoreline of the State. Where streams enter or exit pipes, the buffer shall be measured perpendicular to the OHWM from the end of the pipe along the open channel section of the stream. b. Vegetation Conservation Buffer Widths by Reach: The Administrator of the Department of Community and Economic Development or designee may apply the following vegetation buffers provided for in Table 4-3-090F1l, Vegetation Conservation Standards by Reach, as an alternative to the standard vegetation conservation buffer for sites for development that implement water-oriented use and public access as provided in the table for each reach. c. Alternative Vegetated Buffer Widths and Setbacks for Existing Single Family Lots: i. Reserved. i. Modified Requirements Based on Lot Depth: The Administrator of the Department of Community and Economic Development or designee shall apply the following vegetation buffers and building setbacks for existing single family residences and existing single family lots consisting of property under contiguous ownership without a variance. Lot depth shall be measured from the OHWM in a perpendicular direction to the edge of the contiguously owned parcel or to an easement containing existing physical improvements for road access for two (2) or more lots. Lot Depth Building Setback Vegetated Buffer Greater than 130 feet 45 feet 20 feet 100 feet, up to 130 feet 35 feet 15 feet AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 113 Lot Depth Building Setback Vegetated Buffer Less than 100 feet 25 feet 10 feet ii. Setback Modifications for Site Improvements: Existing single family residences on existing single family lots subject to the building setback standards in subsection F1ci of this Section may Table 4-3-090D7a may further reduce their building setback than stated in Table 4-3- 090D7a by making one or more of the site improvements listed below,. In no case shall provided that the building setback shall not be reduced to less than twenty five feet (25').from the minimum buffer. The reduced setback and site improvement shall be recorded in a covenant approved by the City Attorney. The site improvement shall be maintained by the property owner. (a) The building setback shall be reduced by five feet (5') for every two hundred fifty (250) square feet of existing impervious surface removed. from lands within the building setback or minimum buffer. (b) The building setback shall be reduced for properties that agree to reduce limit future impervious coverage to a standard lower than the standard in subsection D7a of this Section, Shoreline Bulk Standards. The reductions shall be five feet (5') for every two hundred fifty (250) square feet of future impervious surface coverage that is limited, and recorded as a maximum impervious coverage standard (in percent), rounded down to the nearest whole number. (c) Properties that replace existing rigid shoreline stabilization with preferred alternatives under subsection F4aiii of this Section, Shoreline Stabilization Alternatives Hierarchy, shall qualify for a setback reduction that correlates with the degree in improvement in ecological function and value that is expected to result from the change, as reported in a standard stream/lake study. (d) Properties that propose projects to improve habitat functions and values shall qualify for a setback reduction that correlates with the degree in improvement in ecological function and value that is expected to result from the project, as reported in a standard stream/lake study. iii. Modifications for Narrow Lots: For such single family residential lots with a lot width of less than sixty feet (60'), setbacks and the buffers may be reduced by ten percent (10%), but shall be no less than: AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 114 (a) Building setback: twenty five feet (25'). (b) Vegetated buffer: fifteen feet (15'). iv. Other Setbacks May Be Reduced: Modification from the front and side yard standards may be granted administratively if needed to meet the established setback from the OHWM, as specified in this Section, and if standard variance criteria are met in RMC 4-9-250B, Variances. d. Reduction of Vegetated Buffer or Setback Width: i. Administrator of the Department of Community and Economic Development or Designee May Reduce: Based upon an applicant’s request, the Administrator of the Department of Community and Economic Development or designee may approve a reduction in the standard buffer widths/ or setbacks where the applicant can demonstrate compliance with criteria in the subsections below. Buffer enhancement shall be required where appropriate to site conditions, habitat sensitivity, and proposed land development characteristics. ii. Water-Dependent Uses: (a) Areas approved for water-dependent use or public access may be excluded from vegetated the buffer if the approval is granted through review of a Substantial Development Permit, Conditional Use Permit, or variance; provided, that the area excluded is the minimum needed to provide for the water-dependent use or public access. (b) Access to private docks through a vegetated buffer may be provided by a corridor up to six feet (6') wide. iii. Vegetation Conservation Standard Table Applied: Vegetated bBuffers specified for areas enumerated in Table 4-3-090F1l, Vegetation Conservation Standards by Reach, shall be applied in accordance with those provisions. iv. Buffer and Setback Reduction Standards: Based Except for single family residential uses in the High Intensity and Single Family Environments, based upon an applicant’s request, and the acceptance of a standard stream or lake study, the Administrator of the Department of Community and Economic Development or designee may approve a reduction in the standard buffer widths/ or setbacks by up to fifty percent (50%) if within the High Intensity Overlay or by up to twenty-five percent (25%) in all other shoreline overlays except when the buffer widths/setbacks are established by subsection F1c of this Section, Alternative Vegetated Buffer AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 115 Widths and Setbacks for Existing Single Family Lots, where the applicant can demonstrate compliance with applicable criteria in the subsections below: (a) The proposal complies with either of will reduce non-native invasive species to less than five percent (5%) and result in extensive native vegetation in the following two (2) criteria: (1) The remaining area of the proposed reduced-width buffer is already extensively vegetated with native species, including trees and shrubs, and has less than five percent (5%) non-native invasive species cover; or. (2) The area of the proposed reduced-width buffer can be enhanced with native vegetation and removal of non-native species; and (b) The proposed project, with width reduction, will result in no net loss of ecological functions as consistent with subsection D2a of this Section, No Net Loss of Ecological Functions; and (c) Reduction of the buffer /or setback shall not create the need for rigid shoreline stabilization as described in subsections F4aiii(d) and (e) of this Section, Shoreline Stabilization Alternatives Hierarchy; and (d) The reduction shall not create any significant unmitigated adverse impacts to other property in the vicinity. (e) Review Procedures: (1) Buffer reductions in the High Intensity Overlay shall be approved by the Administrator of the Department of Community and Economic Development or designee processed as part of a Substantial Development Permit. Buffer reductions in all other shoreline overlays shall be processed through a Shoreline Conditional Use Permit, pursuant to RMC 4-9-190I, Variances and Conditional Uses. (2) Written findings shall be made required to demonstrate that the buffer reduction substantially implements the criteria of this Section. v. Buffer Reductions for the Conversion on Nonconforming Uses: Based upon an applicant’s request, and the City’s acceptance of a supplemental stream or lake study, the Administrator of the Department of Community and Economic Development or designee may approve a AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 116 reduction in the standard buffer in a case where if an existing nonconforming site is not redeveloped and but the proposal includes removal of existing over-water structures, or removal or reconstruction of shoreline protection structures, or other restoration of shorelines or buffer areas in a manner that meets the standards of the Shoreline Master Program, and results in to a vegetated buffer a minimum ten feet (10') from existing buildings or impervious surface (e.g., such as parking areas and driveways in current use to serve the nonconforming buildings or uses). e. Increased Buffer Widths: Vegetated bBuffers may be increased by the Administrator of the Department of Community and Economic Development or designee as required or allowed by if the criteria below are met. i. Areas of High Blow-Down Potential: Where the stream/lake area is in an area of high blow- down potential as determined by a qualified professional, the buffer width may be expanded up to an additional fifty feet (50') on the windward side, when determined appropriate to site circumstances and ecological function by the Administrator of the Department of Community and Economic Development or designee. ii. Buffers Falling Within Protected Slopes or Very High Landslide Areas: When the required stream/lake buffer falls within a protected slope or very high landslide hazard area or buffer, the stream/lake buffer width shall extend to the boundary of the protected slope or the very high landslide hazard buffer. f. Averaging of Buffer Width: i. Authority: Based upon an applicant’s request, and the acceptance of a standard stream or lake study, the Administrator of the Department of Community and Economic Development or designee may approve buffer width averaging except where specific vegetation buffers in Table 4-3-090F1l, Vegetation Conservation Standards by Reach, are stated. ii. Criteria for Approval: Buffer width averaging may be allowed only where the applicant demonstrates all of the following: (a) The water body and associated riparian area contain variations in ecological sensitivity or there are existing physical improvements in or near the water body and associated riparian area; AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 117 (b) Buffer width averaging will result in no net loss of stream/lake/riparian ecological function; (c) The total area contained within the buffer after averaging is no less than that contained within the required standard buffer width prior to averaging; (d) In no instance shall the buffer width be reduced to less than fifty feet (50'); (e) The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905, or where there is an absence of valid scientific information. The steps in RMC 4-9-250F shall be followed. g. Buffer Enhancement: Buffer enhancement as a separate action may be proposed on any property and may be implemented without full compliance with the standards of this Section; provided, that the project includes a buffer enhancement plan using native vegetation and provides documentation that the enhanced buffer area will maintain or improve the functional attributes of the buffer. Any change to existing nonconforming facilities or use on a site shall meet the provisions for nonconforming sites. h. Exemption Criteria: As determined by the Administrator of the Department of Community and Economic Development or designee, for development proposed on sites separated from the shoreline by intervening, and lawfully created, public roads, railroads, other off-site substantial existing improvements, or an intervening parcel under separate ownership, the requirements of this Code for a vegetation buffer may be waived. For the purposes of this Section, the intervening lots/parcels, roads, or other substantial improvements shall be found to: i. Separate the subject upland property from the water body due to their height or width; and ii. Substantially prevent or impair delivery of most ecological functions from the subject upland property to the water body. i. Vegetation Management: Vegetation adjacent to water bodies in the shoreline shall be managed to provide the maximum ecological functions feasible, in accordance with these standards: i. Streams and lakes with vegetation conservation buffer areas that are largely undisturbed native vegetation shall be retained except where the buffer is to be enhanced or where alteration is allowed in conformance with this Section for a specific development proposal. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 118 ii. In the absence of a development proposal, existing, lawfully established landscaping and gardens within a vegetation conservation buffer may be maintained in their existing condition including but not limited to mowing lawns, weeding, removal of noxious and invasive species, harvesting and replanting of garden crops, pruning and replacement planting of ornamental vegetation or indigenous native species to maintain the condition and appearance of such areas as they existed prior to adoption of this Code, provided this does not apply to areas previously established as native growth protection areas, mitigation sites, or other areas protected via conservation easements or similar restrictive covenants. iii. Removal of noxious weeds and/or invasive species may be allowed without permit review in any vegetation conservation buffer area; provided, that removal consists of physical uprooting or chemical treatment of individual plants or shallow excavation of no more than one thousand (1,000) square feet of dense infestations. iv. Removal or pruning of dangerous trees located in a buffer requires a routine vegetation management permit. iv. New development or redevelopment of nonconforming uses shall develop and implement a vegetation management plan that complies with the standards of this Code. Unless otherwise provided, a vegetation management plan shall preserve, enhance or establish native vegetation within the specified vegetation buffer. If a low impact development stormwater system is proposed in accordance with subsection E11div(f) of this Section, it must be included in the vegetation management plan. When required, vegetation management plans shall be prepared by a qualified professional; provided, that the Administrator of the Department of Community and Economic Development or designee may establish prescriptive standards for vegetation conservation and management as an alternative to requiring a specific plan for a development. Vegetation management plans shall describe actions that will be implemented to ensure that buffer areas provide ecological functions equivalent to a dense native vegetation community to the extent possible. Required vegetation shall be maintained over the life of the use and/or development. For private development a conservation easement or similar recorded legal restriction shall be recorded to ensure preservation of the vegetation conservation and management area. vi. The Administrator of the Department of Community and Economic Development or designee may approve, in cases of redevelopment or alteration of existing single family residential lots, a vegetation management plan that does not include large native trees, if such trees would block AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 119 more than thirty percent (30%) of existing water views allowed from the existing residence on a lot. Native vegetation consisting of groundcover, shrubs and small trees shall be provided to provide as many of the vegetation functions feasible. This provision shall not apply to new lots created by subdivision or other means. j. Documentation: i. Provisions of subsection F1 of this Section, Vegetation Conservation, as they pertain to existing single family residences and lots, determinations and evidence shall be included in the application file. ii. For all development requiring a Shoreline Substantial Development Permit, findings and determinations regarding the application of increased or reduced buffer width shall be included as specific findings in the permit. iii. For development not requiring a Shoreline Substantial Development Permit, approval of a reduced buffer width shall require review as a shoreline variance by the Hearing Examiner per RMC 4-9-190. The setback provisions of the zoning district for the use must also be met unless a variance to the zoning code is achieved. k. Off-Site Vegetation Conservation Fund: The City shall provide a fund for off-site provision of areas for vegetation conservation. The Administrator of the Department of Community and Economic Development or designee shall assess charges to new development that has been granted a shoreline variance because the vegetation conservation buffer requirement under subsection D7a of this Section, Shoreline Bulk Standards, or as modified under subsection F1 of this Section, Vegetation Conservation, cannot be met on-site. The Administrator of the Department of Community and Economic Development or designee shall also assess charges to existing development subject to major alteration in which on-site shoreline stabilization mitigation, if required, is infeasible according to RMC 4-10-095F, Partial and Full Compliance, Alteration of an Existing Structure or Site. Credit shall be given for areas of vegetation buffer on the shoreline provided by development. Expenditures from such a fund for provision of areas where the functions of shoreline vegetation conservation would be provided shall be in accordance with the restoration plan or other watershed and aquatic habitat conservation plans and shall be spent within the WRIA in which the assessed property is located. l. Vegetation Conservation Buffer Standards by Reach: The following table identifies the performance standards for maintenance and restoration of the vegetation conservation buffer and AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 120 shall be applied if required by the use regulations or development standards of the Shoreline Master Program. Table 4-3-090F1l – Vegetation Conservation Standards by Reach SHORELINE REACH Vegetation Conservation Objectives Lake Washington Lake Washington Reach A and B This developed primarily single family area provides primarily lawn and ornamental vegetation at the shoreline. Opportunities to limit ongoing adverse impacts shall be implemented through providing for native vegetation in buffers adjacent to the water based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. Lake Washington Reach C If areas redevelop, the full one hundred foot (100') buffer of native vegetation shall be provided, except where water-dependent uses are located. Buffer averaging, pursuant to subsection F1f of this Section, may be used if consistent with a NOAA Natural Resources Damage Settlement and approved by the U.S. EPA and the National Marine Fisheries Service. Lake Washington Reach D and E This developed primarily single family area provides primarily lawn and ornamental vegetation at the shoreline. Opportunities to limit ongoing adverse impacts shall be implemented through providing for native vegetation in buffers adjacent to the water based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. Lake Washington Reach F Enhancement of native riparian vegetation shall be implemented as part of park management, balanced with opportunities to provide public visual and physical access to the shoreline. The City may fund shoreline enhancement through fees paid for off -site mitigation from development elsewhere on Lake Washington. Lake Washington Reach G Enhancement of native riparian vegetation shall be implemented as part of park management, while recognizing that this portion of the park is oriented primarily to opportunities to provide public visual and physical access to the shoreline including over-water structures, supporting concessions, boat launch and public beach facilities. Lake Washington Reach H Buffers for vegetation management are not required in this reach. This site has an approved Master Site Plan that includes significant public access. Opportunities for public access along the waterfront and the development of water-oriented uses are the designated priorities for this reach. Lake Washington Reach I The area of vegetation on public aquatic lands should be enhanced in the short term. Upon redevelopment, vegetation buffers shall be extended into the site adjacent to vegetated areas along the shoreline. Vegetation restoration shall be balanced with public access and water- AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 121 Table 4-3-090F1l – Vegetation Conservation Standards by Reach SHORELINE REACH Vegetation Conservation Objectives oriented use on the balance of the site. Public access shall not impact any restored lands on this site. Lake Washington Reach J Enhanced riparian vegetation shall be provided in a manner consistent with maintaining aviation safety as part of airport management. Lake Washington Reach K Redevelopment of multi-family sites shall provide vegetation buffers at the full standard, with possible employment of provisions for averaging or reduction. Single family development in this reach provides primarily lawn and ornamental vegetation at the shoreline. Opportunities to limit ongoing adverse impacts shall be implemented through providing for native vegetation in buffers adjacent to the water based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. May Creek May Creek A This developed as a residential area and opportunities to limit impacts shall be implemented through providing for native vegetation in buffers adjacent to the water based on the standards related to lot depth together shoreline protection incorporating vegetation. May Creek A and B Full standard native vegetation buffers shall be provided with development of this property. May Creek C and D Full standard native vegetation buffers shall be provided on this reach with existing private lots, subject to buffer standards related to lot depth, together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. Cedar River Cedar River A Enhancement of native riparian vegetation shall be implemented as part of park management, balanced with needs of flood control levees and opportunities to provide public visual and physical access to the shoreline. Cedar River B Enhancement of native riparian vegetation shall be implemented as part of flood control management programs that may be integrated with opportunities to provide public visual and physical access to the shoreline. Vegetation management and public access should be addressed in a comprehensive management plan prior to issuance of shoreline permits for additional flood management activities. This developed single family area shall implement vegetation management based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation as provided for alteration of nonconforming uses, structures, and sites. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 122 Table 4-3-090F1l – Vegetation Conservation Standards by Reach SHORELINE REACH Vegetation Conservation Objectives Cedar River C Enhancement of native riparian vegetation shall be implemented as part of management of public parks. Full standard native vegetation buffers should be maintained on the public open space on the south side of the river, subject to existing trail corridors and other provisions for public access. Enhancement of native riparian vegetation within the standard or modified buffers shall be provided upon redevelopment of the north shore, except in areas where public/community access is provided. The vegetation conservation buffer may be designed to incorporate floodplain management features including floodplain compensatory storage. Cedar River D Full standard native vegetation buffers shall be provided on this reach with existing private lots subject to buffer standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. Green River Green River Reach A Full standard native vegetation buffers shall be provided with redevelopment of this property in this reach, balanced with provisions for public access. Vegetation conservation within railroad rights-of-way shall not be required within areas necessary for railway operation. Vegetation preservation and enhancement should be encouraged in areas of railroad right-of-way not devoted to transportation uses. Expansion of railroad facilities may require specific vegetation preservation and enhancement programs, consistent with the standards of the Shoreline Master Program. Black River/Springbrook Creek Black River/Springbrook A Public open space that exceeds buffer standards should be maintained and native vegetation enhanced. Full standard buffers should be provided upon redevelopment of adjacent land, recognizing the constraints of existing transportation and public facilities. Springbrook B Full standard buffers should be provided upon redevelopment of adjacent land, recognizing the constraints of existing transportation and public facilities. Springbrook C and D Vegetation enhancement should be implemented within the drainage district channels in conjunction with management plans including adjustments to channel dimensions to assure continued flood capacity with the additional hydraulic roughness provided by vegetation. Full standard vegetated buffers should be provided upon redevelopment of adjacent land presuming revegetation of the stream channel. Vegetation management should retain a continuous trail system that may be relocated further from the stream edge. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 123 Table 4-3-090F1l – Vegetation Conservation Standards by Reach SHORELINE REACH Vegetation Conservation Objectives Lake Desire Lake Desire This developed primarily single family area provides primarily lawn and ornamental vegetation at the shoreline. Opportunities to limit ongoing adverse impacts should be implemented through providing for native vegetation in buffers adjacent to the water based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. Shoreline vegetation enhancement should take place at the WDFW boat launching site balancing values of riparian vegetation with public access. Existing shoreline vegetation in the publicly owned natural areas should be preserved with some accommodation for interpretive access to the water as a part of park management plans, subject to the primary objective of protecting ecological functions. 2. Landfill and Excavation: a. General Provisions: Landfill and excavation shall only be permitted in conjunction with an approved use or development and allowed with assurance of no net loss of shoreline ecological functions. Excavation below the OHWM is considered “dredging” and is addressed in a separate section. b. Criteria for Allowing Landfills and Excavations Below Ordinary High Water Mark: Landfills and excavations shall generally be prohibited below the OHWM, except for the following activities, and in conjunction with documentation of no net loss of ecological functions as documented in appropriate technical studies: i. Beach or aquatic substrate replenishment in conjunction with an approved ecological restoration activity; ii. Replenishing sand on public and private community beaches; iii. Alteration, maintenance and/or repair of existing transportation facilities and utilities currently located within shoreline jurisdiction, when alternatives or less impacting approaches are not feasible; AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 124 iv. Construction of facilities for public water-dependent uses or public access; when alternatives or less impacting approaches are not feasible; and provided, that filling and/or excavation are limited to the minimum needed to accommodate the facility; v. Activities incidental to the construction or repair of approved shoreline protection facilities, or the repair of existing shoreline protection facilities; vi. Approved flood control projects; vii. In conjunction with a stream restoration program including vegetation restoration; and viii. Activities that are part of a remedial action plan approved by the Department of Ecology pursuant to the Model Toxics Control Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or otherwise authorized by the Department of Ecology, U.S. Army Corps of Engineers, or other agency with jurisdiction, after review of the proposed fill for compliance with the policies and standards of the Shoreline Master Program. c. Review Standards: All landfills and excavations shall be evaluated in terms of all of the following standards: i. The overall value to the public of the results of the fill or excavation site as opposed to the value of the shoreline in its existing state as well as evaluation of alternatives to fill that would achieve some or all of the objectives of the proposal. ii. Effects on ecological functions including, but not limited to, functions of the substrate of streams and lakes and effects on aquatic organisms, including the food chain, effects on vegetation functions, effects on local currents and erosion and deposition patterns, effects on surface and subsurface drainage, and effects on flood waters. iii. Whether shoreline stabilization will be necessary to protect materials placed or removed and whether such stabilization meets the policies and standards of the Shoreline Master Program. iv. Whether the landfill or excavation will adversely alter the normal flow of flood water, including obstructions of flood overflow channels or swales, after taking into account any compensating flood storage provided by the proposal. v. Whether public or tribal rights to the use and enjoyment of the shoreline and its resources and amenities are impaired. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 125 d. Performance Standards: Performance standards for fill and excavation include: i. Disturbed areas shall be immediately stabilized and revegetated to avoid or minimize erosion and sedimentation impacts, both during initial work and over time. Natural and self-sustaining control methods are preferred over structures. ii. Landfills and excavation shall be designed to blend physically and visually with existing topography. e. Shoreline Conditional Use Required: All fill and excavation waterward of the OHWM not associated with ecological restoration, flood control or approved shoreline stabilization shall require a Shoreline Conditional Use Permit. 3. Dredging: a. General: Dredging and dredge material disposal, when permitted, shall be done in a manner which avoids or minimizes significant ecological impacts. Impacts which cannot be avoided should be mitigated in a manner that assures no net loss of shoreline ecological functions. b. Dredging Limited: Dredging is permitted only in cases where the proposal, including any necessary mitigation, will result in no net loss of shoreline ecological functions and is limited to the following: i. Establishing, expanding, relocating or reconfiguring navigation channels and basins where necessary to assure safe and efficient accommodation of existing navigational uses. Maintenance dredging of established navigation channels and basins shall be restricted to maintaining previously dredged and/or existing authorized location, depth, and width. ii. For flood control purposes, when part of a publicly adopted flood control plan. iii. For restoration or enhancement of shoreline ecological functions benefiting water quality and/or fish and wildlife habitat and approved by applicable local, State and Federal agencies. iv. For development of approved water-dependent uses provided there are no feasible alternatives. v. Dredging may be permitted where necessary for the development and maintenance of public shoreline parks and of private shorelines to which the public is provided access. Dredging may be permitted where additional public access is provided. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 126 vi. Maintenance dredging for access to existing legally established boat moorage slips including public and commercial moorage and moorage accessory to single family residences; provided, that dredging shall be limited to maintaining the previously dredged and/or existing authorized location, depth, and width. Dredging shall be disallowed to maintain depths of existing private moorage where it results in a net loss of ecological functions. vii. Minor trenching to allow the installation of necessary underground pipes or cables if no alternative, including boring, is feasible, and: (a) Impacts to fish and wildlife habitat are avoided to the maximum extent possible. (b) The utility installation shall not increase or decrease the natural rate, extent, or opportunity of channel migration. (c) Appropriate best management practices are employed to prevent water quality impacts or other environmental degradation. viii. Dredging is performed pursuant to a remedial action plan approved under authority of the Model Toxics Control Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or pursuant to other authorization by the Department of Ecology, U.S. Army Corps of Engineers, or other agency with jurisdiction, after review of the proposed materials for compliance with the policies and standards of the Shoreline Master Program. ix. Dredging is necessary to correct problems of material distribution and water quality, when such problems are adversely affecting aquatic life or recreational areas. c. Dredging Prohibited: Dredging shall be prohibited in the following cases: i. Dredging shall not be performed within the deltas of the Cedar River and May Creek except for purposes of ecological restoration, for public flood control projects, for water-dependent public facilities, or for limited maintenance dredging in conformance with this Section. ii. Dredging is prohibited solely for the purpose of obtaining fill or construction material. Dredging which is not directly related to those purposes permitted in subsection F3b of this Section is prohibited. iii. Dredging for new moorage is prohibited. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 127 iv. Dredging may not be performed to maintain facilities established for water-dependent uses in cases where the primary use is discontinued unless the facility meets all standards for a new water-dependent use. v. Dredging of public aquatic lands is prohibited unless approval is granted from the Washington State Department of Natural Resources. d. Review Criteria: i. New development, including the development of associate piers and docks, should be sited and designed to avoid or, if that is not possible, to minimize the need for new and maintenance dredging. Where alternatives such as the utilization of shallow access to mooring buoys is feasible, such measures shall be used. ii. All proposed dredging operations shall be designed by an appropriate State-licensed professional engineer. A stamped engineering report and an assessment of potential impacts on ecological functions shall be prepared by qualified consultants and shall be submitted to the Renton Planning Division as part of the application for a shoreline permit. iii. The responsibility rests solely with the applicant to demonstrate the necessity of the proposed dredging operation. iv. The responsibility rests solely with the applicant to demonstrate that: (a) There will be no net loss of ecological functions including but not limited to adverse effect on aquatic species including fish migration. (b) There will be no adverse impact on recreational areas or public recreation enjoyment of the water. v. Adjacent Bank Protection: (a) When dredging bottom material of a body of water, the banks shall not be disturbed unless absolutely necessary. The responsibility rests with the applicant to propose and carry out practices to protect the banks. (b) If it is absolutely necessary to disturb the adjacent banks for access to the dredging area, the responsibility rests with the applicant to propose and carry out a method of restoration of the disturbed area to a condition minimizing erosion and siltation. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 128 vi. Avoidance of Adverse Effects: The responsibility rests with the applicant to demonstrate the proposed dredging will avoid conditions that may adversely affect adjacent properties including: (a) Creating a nuisance to the public or nearby activity. (b) Damaging property in or near the area. (c) Causing substantial adverse effect to plant, animal, aquatic or human life in or near the area. (d) Endangering public safety in or near the area. vii. The applicant shall demonstrate control of contamination and pollution to water, air, and ground through specific operation and mitigation plans. viii. Disposal of Dredge Material: The applicant shall demonstrate that the disposal of dredged material will not result in net loss of ecological functions or adverse impacts to properties adjacent to the disposal site. (a) The applicant shall provide plans for the location and method of disposing of all dredged material. (b) Dredged material shall not be deposited in a lake, stream, or marine water except if approved as habitat enhancement or other beneficial environmental mitigation as part of ecological restoration, a contamination remediation project approved by appropriate State and/or Federal agencies, or is approved in accordance with the Puget Sound Dredged Disposal Analysis evaluation procedures for managing in-water-disposal of dredged material by applicable agencies, which may include the U.S. Army Corps of Engineers pursuant to Section 10 (Rivers and Harbors Act) and Section 404 (Clean Water Act) permits, and Washington State Department of Fish and Wildlife hydraulic project approval. (c) In no instance shall dredged material be stockpiled in a shoreland area that would result in the clearing of native vegetation. Temporary stockpiling of dredged material is limited to one hundred eighty (180) days. (d) If the dredged material is contaminant or pollutant in nature, the applicant shall propose and carry out a method of disposal that complies with all regulatory requirements. (e) Permanent land disposal shall demonstrate that: AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 129 (1) Shoreline ecological functions will be preserved, including protection of surface water and groundwater. (2) Erosion, sedimentation, flood waters or runoff will not increase adverse impacts to shoreline ecological functions or property. (3) Sites will be adequately screened from view of local residents or passersby on public rights-of-way. (4) The site is not located within a channel migration zone. e. Shoreline Conditional Use Required: Dredging shall require a shoreline conditional use unless associated with existing water-dependent uses, habitat enhancement, a remedial action plan approved under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the Model Toxics Control Act, or public recreation facilities or uses. 4. Shoreline Stabilization: a. General Criteria for New or Expanded Shoreline Stabilization Structures: i. Avoidance of Need for Stabilization: The need for future shoreline stabilization should be avoided to the extent feasible for new development. New development on steep slopes or bluffs shall be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of the structure, as demonstrated by a geotechnical analysis. ii. Significant Impact to Other Properties Prohibited: The need for shoreline stabilization shall be considered in the determination of whether to approve new water-dependent uses. Development of new water-dependent uses that would require shoreline stabilization which causes significant impacts to adjacent or down-current properties and shoreline areas should not be allowed. iii. Shoreline Stabilization Alternatives Hierarchy: Structural shoreline stabilization measures should be used only when more natural, flexible, nonstructural methods such as vegetative stabilization, beach nourishment and bioengineering have been determined infeasible. Alternatives for shoreline stabilization should be based on the following hierarchy of preference: (a) No action (allow the shoreline to retreat naturally), increase building setbacks, and relocate structures. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 130 (b) Flexible defense works constructed of natural materials including measures such as soft shore protection, bioengineering, including beach nourishment, protective berms, or vegetative stabilization. (c) Flexible defense works, as described above, with rigid works, as described below, constructed as a protective measure at the buffer line. (d) A combination of rigid works, as described below, and flexible defense works, as described above. (e) Rigid works constructed of artificial materials such as riprap or concrete. iv. Limited New Shoreline Stabilization Allowed: New structural stabilization measures shall not be allowed except when necessity is demonstrated in one of the following situations: (a) To protect existing primary structures: (1) New or enlarged structural shoreline stabilization measures for an existing primary structure, including residences, should not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by currents, or waves within three (3) years, or where waiting until the need is immediate would prevent the opportunity to use measures that avoid impacts on ecological functions. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization if on-site drainage is a cause of shoreline instability at the site in question. (2) The shoreline stabilization is evaluated by the hierarchy in subsection F4aiii of this Section. (3) The shoreline stabilization structure will not result in a net loss of shoreline ecological functions. (4) Measures to reduce shoreline erosion in a channel migration zone (CMZ) require a geomorphic assessment by a Washington-licensed geologist with engineering geology or hydrogeology specialty license plus experience in conducting fluvial geomorphic assessments. Erosion control measures are only allowed if it is demonstrated that: the AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 131 erosion rate exceeds that which would normally occur in a natural condition; the measure does not interfere with fluvial hydrological and geomorphologic processes normally acting in natural conditions; and the measure includes appropriate mitigation of impacts to ecological functions associated with the stream. (b) New Development: In support of new development when all six (6) of the conditions listed below apply and are documented by a geotechnical analysis: (1) The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage. (2) Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient. (3) The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by natural processes, such as currents and waves. (4) The shoreline stabilization structure is evaluated by the hierarchy in subsection F4aiii of this Section. (5) The shoreline stabilization structure together with any compensatory mitigation proposed by the applicant and/or required by regulatory agencies is not expected to result in a net loss of shoreline ecological functions. (6) The proposed new development is not located in a channel migration zone (CMZ). (c) Restoration and Remediation Projects: To protect projects for the restoration of ecological functions or hazardous substance remediation projects pursuant to chapter 70.105D RCW when both of the conditions below apply and are documented by a geotechnical analysis: (1) The shoreline stabilization structure together with any compensatory mitigation proposed by the applicant and/or required by regulatory agencies is not expected to result in a net loss of shoreline ecological functions. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 132 (2) The shoreline stabilization structure is evaluated by the hierarchy in subsection F4aiii of this Section. (d) Protect Navigability: To protect the navigability of a designated harbor area when necessity is demonstrated in the following manner by a geotechnical report: (1) Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient. (2) The shoreline stabilization structure together with any compensatory mitigation proposed by the applicant and/or required by regulatory agencies is not expected to result in a net loss of shoreline ecological functions. (3) The shoreline stabilization structure is evaluated by the hierarchy in subsection F4aiii of this Section. v. Content of Geotechnical Report: Geotechnical analysis pursuant to this Section that addresses the need to prevent potential damage to a primary structure shall address the necessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. The geotechnical analysis shall evaluate the need and effectiveness of both hard and soft armoring solutions in preventing potential damage to a primary structure. Consideration should be given to permit requirements of other agencies with jurisdiction. vi. Stream Bank Protection Required: New or expanded shoreline stabilization on streams should assure that such structures do not unduly interfere with natural stream processes. The Administrator of the Department of Community and Economic Development or designee shall review the proposed design for consistency with State guidelines for stream bank protection as it relates to local physical conditions and meet all applicable criteria of the Shoreline Master Program, subject to the following: (a) A geotechnical analysis of stream geomorphology both upstream and downstream shall be performed to assess the physical character and hydraulic energy potential of the specific stream reach and adjacent reaches upstream or down, and assure that the physical integrity of the stream corridor is maintained, that stream processes are not adversely affected, and that the revetment will not cause significant damage to other properties or valuable shoreline resources. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 133 (b) Revetments or similar hard structures are prohibited on point and channel bars, and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat enhancement or restoration. (c) Revetments or similar hard structures shall be placed landward of associated wetlands unless it can be demonstrated that placement waterward of such features would not adversely affect ecological functions. (d) Revetments or similar structures shall not be developed on the inside bend of channel banks in a stream except to protect public works, railways and existing structures. (e) Revetments shall be designed in accordance with WDFW stream bank protection guidelines. (f) Groins, weirs and other in-water structures may be authorized only by Shoreline Conditional Use Permit, except for those structures installed to protect or restore ecological functions, such as woody debris installed in streams. A geotechnical analysis of stream geomorphology both upstream and downstream shall document that alternatives to in-water structures are not feasible. Documentation shall establish impacts on ecological functions that must be mitigated to achieve no net loss. b. Design Criteria for New or Expanded Shoreline Stabilization Structures: When any structural shoreline stabilization measures are demonstrated to be necessary, the following design criteria shall apply: i. Professional Design Required: Shoreline stabilization measures shall be designed by a qualified professional. Certification by the design professional may be required to ensure that installation meets all design parameters. ii. General Requirements: The size of stabilization measures shall be limited to the minimum necessary. Use measures shall be designed to assure no net loss of shoreline ecological functions. Soft approaches shall be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and businesses or to meet resource agency permitting conditions. iii. Restriction of Public Access Prohibited: Publicly financed or subsidized shoreline erosion control measures shall be ensured to not restrict appropriate public access to the shoreline except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to ecological functions. See public access provisions; WAC 173-26-221(4). AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 134 Where feasible, ecological restoration and public access improvements shall be incorporated into the project. iv. Restriction of Navigation Prohibited: Shoreline stabilization should not be permitted to unnecessarily interfere with public access to public shorelines, nor with other appropriate shoreline uses including, but not limited to, navigation, public or private recreation and Indian treaty rights. v. Aesthetic Qualities to Be Maintained: Where possible, shoreline stabilization measures shall be designed so as not to detract from the aesthetic qualities of the shoreline. vi. Public Access to Be Incorporated: Required restoration and/or public access should be incorporated into the location, design and maintenance of shoreline stabilization structures for public or quasi-public developments whenever safely compatible with the primary purpose. Shore stabilization on publicly owned shorelines should not be allowed to decrease long-term public use of the shoreline. c. Existing Shoreline Stabilization Structures: Existing shoreline stabilization structures not in compliance with this Code may be retained, repaired, or replaced if they meet the applicable criteria below: i. Repair of Existing Structures: An existing shoreline stabilization structure may be repaired as long as it serves to perform a shoreline stabilization function for a legally established land use, but shall be subject to the provisions below if the land use for which the shoreline stabilization structure was constructed is abandoned per RMC 4-10-060, Nonconforming Uses, or changed to a new use. ii. Additions to Existing Structures: Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures. iii. Changes in Land Use: An existing shoreline stabilization structure established to serve a use that has been abandoned per RMC 4-10-060, Nonconforming Uses, discontinued, or changed to a new use may be retained or replaced with a similar structure if: (a) There is a demonstrated need documented by a geotechnical analysis to protect principal uses or structures from erosion caused by currents or waves; and AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 135 (b) An evaluation of the existing shoreline stabilization structure in relation to the hierarchy of shoreline stabilization alternatives established in subsection F4aiii of this Section shows that a more preferred level of shoreline stabilization is infeasible. In the case of an existing shoreline stabilization structure composed of rigid materials, if alternatives (a) through (c) of the hierarchy in subsection F4aiii of this Section would be infeasible then the existing shoreline stabilization structures could be retained or replaced with a similar structure. iv. Waterward Replacement Prohibited for Structures Protecting Residences: Replacement walls or bulkheads, if allowed, shall not encroach waterward of the ordinary high-water mark or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shoreline stabilization structure. v. Restoration and Maintenance of Soft Shorelines Allowed: Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high-water mark. Replenishment of substrate materials to maintain the specifications of the permitted design may be allowed as maintenance. vi. No Net Loss: Where a net loss of ecological functions associated with critical habitats would occur by leaving an existing structure that is being replaced, the structure shall be removed as part of the replacement measure. 5. Flood Control: a. Permitted Flood Control Projects: Flood control works shall be permitted when it is demonstrated by engineering and scientific evaluations that: i. They are necessary to protect health, safety and/or existing development; ii. Nonstructural flood hazard reduction measures are infeasible; and iii. Measures are consistent with an adopted comprehensive flood hazard management plan that evaluates cumulative impacts to the watershed system. b. Prohibited Flood Control Projects: New or expanding development or uses in the shoreline, including subdivision of land, that would likely require new structural flood control works within a stream, channel migration zone, or floodway shall not be allowed. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 136 c. Long-Term Compatibility: New or expanded flood control works and in-stream structures should be planned and designed to be compatible with appropriate multiple uses of stream resources over the long term, especially in shorelines of Statewide significance. d. Criteria for Allowing Flood Control Projects: New flood control works should only be allowed in the shoreline if they are necessary to protect existing development and where nonstructural flood hazard reduction measures are infeasible. e. Native Vegetation: Flood control works should incorporate native vegetation to the extent feasible to enhance ecological functions, create a more natural appearance, improve ecological functions, and provide more flexibility for long-term shoreline management. f. Consideration of Alternatives: To minimize flood damages and to maintain natural resources associated with streams, overflow corridors and other alternatives to traditional bank levees, revetments and/or dams shall be considered. Setback levees and similar measures should be employed where they will result in lower flood peaks and velocities, and more effective conservation of resources than with high bank levees. On Cedar River Reach D, setting back existing levees to provide for enhanced natural stream processes may be pursued when adequate provisions are made for protecting existing public and private uses. g. Public Access Required: Flood control works shall provide access to public shorelines whenever possible, unless it is demonstrated that public access would cause unavoidable public health and safety hazards, security problems, unmitigatable ecological impacts, unavoidable conflicts with proposed uses, or unreasonable cost. At a minimum, flood control works should not decrease public access or use potential of shorelines. 6. Stream Alteration: a. Definition of Stream Alteration: Stream alteration is the relocation or change in the flow of a river, stream or creek. b. Alterations to Be Minimized: Stream alteration shall be minimized, and when allowed should change natural stream processes as little as possible. c. Allowed if No Feasible Alternative: Unless otherwise prohibited by subsection E10 of this Section, Transportation, and subsection E11 of this Section, Utilities, stream alteration may be allowed for transportation and utility crossings and in-stream structures only where there is no feasible alternative. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 137 d. Allowed for Flood Hazard Reduction: Stream alteration may be permitted if it is part of a public flood hazard reduction program or a habitat enhancement project approved by appropriate State and/or Federal agencies. e. Prohibited Alterations: Stream alteration solely for the purpose of enlarging the developable portion of a parcel of land or increasing the economic potential of a parcel of land is prohibited. f. Detriment to Adjacent Parcels Prohibited: Stream alteration is prohibited if it would be significantly detrimental to adjacent parcels. g. Applicant’s Responsibility: The applicant has the sole responsibility to demonstrate the necessity of the proposal and compliance with the criteria of the Shoreline Master Program. h. Professional Design Required: All proposed stream alterations shall be designed by an appropriately State-licensed professional engineer. The design shall be submitted with a supplemental lake/stream study to the Planning Division as part of the application. i. Impacts to Aquatic Life to Be Minimized: The design, timing and the methods employed will have minimal adverse effects on aquatic life, including minimizing erosion, sedimentation and other pollution during and after construction. j. Flow Levels to Be Maintained: The project must be designed so that the low flow is maintained and fish escapement is provided for. k. Conditional Use Permit Required in a Channel Migration Zone (CMZ): Stream alterations within a channel migration zone require a Shoreline Conditional Use Permit. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 138 4-4-130 TREE RETENTION AND LAND CLEARING REGULATIONS: C. ALLOWED TREE REMOVAL ACTIVITIES: Tree removal and associated use of mechanical equipment is permitted as follows, except as provided in subsection D3 of this Section, Restrictions for Critical Areas – General, and in RMC 4-3-110E5b, Urban Separator Overlay Regulations. Except as stated in subsection C9 of this Section, no Routine Vegetation Management Permit is required for the following activities/work: 1. Emergency Situations: Removal of trees and/or ground cover by the City and/or public or private utility in emergency situations involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility. 2. Dangerous Trees: Removal of a dangerous tree, as defined in RMC 4-11-200, Definitions T, that has been certified as such by a City approved, licensed landscape architect or certified arborist. 3. Maintenance Activities/Essential Tree Removal – Public or Private Utilities, Roads and Public Parks: Maintenance activities including routine vegetation management and essential tree removal for public and private utilities, road rights-of-way and easements, and public parks. 4. Installation of SEPA Exempt Public or Private Utilities: Installation of distribution lines by public and private utilities; provided, that such activities are categorically exempt from the provisions of the State Environmental Policy Act and RMC 4-9-070, Environmental Review Procedures. 5. Existing and Ongoing Agricultural Activities: Clearing associated with existing and ongoing agricultural activities as defined in RMC 4-11-010, Definitions A. 6. Commercial Nurseries or Tree Farms: Removal of only those trees which are planted and growing on the premises of a licensed retailer or wholesaler. 7. Public Road Expansion: Expansion of public roads, unless critical areas would be affected (refer to subsection C12 of this Section, Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right-of-Way or Easements). 8. Site Investigative Work: Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests, and other related activities including the use of mechanical equipment to perform site investigative work, provided the work is conducted in accordance with the following requirements: AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 139 a. Investigative work should not disturb any more than five percent (5%) of any protected sensitive area described in subsection D3 of this Section, Restrictions for Critical Areas – General, on the subject property. In every case, impacts shall be minimized and disturbed areas restored. b. In every location where site investigative work is conducted, disturbed areas shall be minimized, and immediately restored. c. A notice shall be posted on the site by the property owner or owner’s agent indicating that site investigative work is being conducted, and that the work must minimize disturbance to the critical areas identified in subsection D3 of this Section, Restrictions for Critical Areas – General. d. No site investigative work shall commence without first notifying the Community and Economic Development Administrator. 9. Minor Tree Removal Activities: Except as provided in subsection D3 of this Section, Restrictions for Critical Areas – General, removal of trees and associated use of mechanical equipment is permitted at the rates specified within the table below, provided subsections C9a through e of this Section are satisfied. A Routine Vegetation Management Permit is required for removal of trees in excess of the rates listed below for all properties. A Routine Vegetation Management Permit is required for the removal of any trees within shoreline jurisdiction if the removal is not included in another land use permitting process. Lot Size Maximum number of significant trees* allowed to be removed in any twelve (12) month period Maximum number of significant trees* allowed to be removed in five (5) years Lots up to 10,000 sq. ft. 2 4 Lots 10,001 to 20,000 sq. ft. 3 6 Lots 20,001 sq. ft. or greater 6 12 *Except landmark trees (greater than a thirty inch (30") caliper) shall not be removed without a Routine Vegetation Management Permit. Within shoreline jurisdiction, tree removal shall occur outside of the buffer, except when necessary to remove dangerous trees or if part of an approved shoreline vegetation conservation buffer enhancement plan. a. There is not an active land development application for the site; b. The trees proposed for removal are not protected trees; AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 140 c. The tree is not a landmark tree; and d. Minimum Tree Density: i. A minimum tree density shall be maintained on each residentially zoned lot, as specified in the table below. The tree density may consist of existing trees, replacement trees, trees required pursuant to RMC 4-4-070F1, Street Frontage Landscaping Required, or a combination. If the number of trees required includes a fraction of a tree, any amount equal to or greater than one- half (1/2) shall be rounded up; and Type of Residential Development Minimum Tree Density Multi-family development (attached dwellings)3 Four (4) significant trees1 for every five thousand (5,000) sq. ft. Single family development (detached dwellings)2 Two (2) significant trees1 for every five thousand (5,000) sq. ft. 1Or the gross equivalent of caliper inches provided by one or more trees. 2Lots developed with detached dwellings in the R-10 and R-14 zones are exempt. 3Development in the RMF zone is exempt. ii. Property owners are responsible for maintaining these trees in a healthy condition. e. Rights-of-Way Unobstructed: In conducting minor tree removal activities, rights-of-way shall not be obstructed unless a right-of-way use permit is obtained. 10. Landscaping or Gardening Permitted: Land clearing in conformance with the provisions of subsection C9 of this Section, Minor Tree Removal Activities, and subsection D3 of this Section, Restrictions for Critical Areas – General, is permitted for purposes of landscaping or gardening; provided, that no mechanical equipment is used. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 141 11. Operational Mining/Quarrying: Land clearing and tree removal associated with previously approved operational mining and quarrying activities. 12. Utilities, Traffic Control, Walkways, Bikeways within Existing, Improved Rights-of-Way or Easements: Within existing improved public road rights-of-way or easements, installation, construction, replacement, operation, overbuilding, or alteration of all natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right- of-way, this exemption does not apply. Restoration of disturbed areas shall be completed. 13. Land Development Permit Required: Tree removal authorized by a Land Development Permit. D. PROHIBITED ACTIVITIES: 1. Tree Cutting in Advance of Issuance of Land Development Permit: There shall be no tree removal or land clearing on any site for the sake of preparing that site for future development unless a Land Development Permit, as defined in RMC 4-11-120, Definitions L, for the City approved site. 2. Tree Cutting or Vegetation Management without Required Routine Vegetation Management Permit: a. Tree cutting in excess of the limits established in subsection C9 of this Section, Minor Tree Removal Activities, is prohibited unless a Routine Vegetation Management Permit has been granted. b. Routine vegetation management on an undeveloped property without a Routine Vegetation Management Permit is prohibited. c. Use of non-exempt mechanical equipment (mechanical equipment with more than twenty-seven (27) horsepower) without a Routine Vegetation Management Permit is prohibited. 3. Restrictions for Critical Areas – General: Unless exempted by critical areas, RMC 4-3-050C5 or Shoreline Master Program Regulations, RMC 4-3-090, no tree removal, or land clearing, or ground cover management is permitted: a. On portions of property with: i. Critical areas, habitats, pursuant to RMC 4-3-050BK, Applicability Habitat Conservation; and AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 142 ii. Streams and lakes, pursuant to RMC 4-3-050L, Streams and Lakes; iii. Buffers associated with Shorelines shorelines of the State, pursuant to RMC 4-3-090, Shoreline Master Program Regulations; and. Allowed tree removal and vegetation management activities within the Shoreline buffer can be found in subsection 4-3-090F.1.i, Vegetation Management.; and iv. Wetlands and wetland buffers, pursuant to RMC 4-3-050M, Wetlands; b. On protected slopes except as allowed in this Section or in the Critical Areas Regulations, RMC 4-3-050; or c. Areas classified as very high landslide hazards, except as allowed in this Section or in the Critical Areas Regulations, RMC 4-3-050. 4. Restrictions for Native Growth Protection Areas: Tree removal or land clearing shall not be permitted within a native growth protection area except as provided in RMC 4-3-050G.3E4, Native Growth Protection Areas. 5. Tree Topping: Tree topping shall be prohibited unless the City has approved the tree for removal. 6. Removal of Landmark Tree: The removal of a landmark tree (a tree with a caliper of thirty inches (30") or greater) is prohibited without an approved Routine Vegetation Management Permit or a Land Development Permit. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 143 4-9-070 ENVIRONMENTAL REVIEW PROCEDURES: H. CRITICAL AREAS/INAPPLICABLE EXEMPTIONS: 1. Critical Areas Maps: The map(s) in RMC 4-3-050E identify critical areas. The maps in RMC 4-3- 090 identify regulated Shorelines shorelines of the State. The specific environmentally critical areas where SEPA exemptions are not applicable are identified in subsection H3 of this Section. 2. Critical Areas Designated: Wetlands, Protected Slopes, Very High Landslide Hazard Areas, Streams and Lakes, Channel Migration Zones, Shorelines shorelines of the State designated as Aquatic Shoreline, Natural Environment or Urban Conservancy, and the one hundred (100) year floodway, as mapped and identified pursuant to subsection H1 of this Section, or when present according to the critical area classification criteria of RMC 4-3-050, are designated as environmentally critical areas pursuant to the State Environmental Policy Act, WAC 197-11-908. 3. Inapplicable Exemptions: a. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. Unidentified exemptions shall continue to apply within environmentally critical areas of the City. b. For each critical area, the exemptions within WAC 197-11-800 that are inapplicable for that area are: WAC 197-11-800(1), except for the construction of one new single -family residence on an existing legal lot, provided the proposed development complies with RMC 4-3-050 and 4-3- 090; however, this exception does not apply to projects within a channel migration zone or those projects requiring a variance or reasonable use exception from RMC 4-3-050 or 4-3- 090. WAC 197-11-800(2)(e), (f), (g), (h) WAC 197-11-800(6)(d) WAC 197-11-800(13)(c) WAC 197-11-800(23)(c), (e) WAC 197-11-800(24)(a), (b), (c), (d), (f), (g) AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 144 WAC 197-11-800(25) c. Additionally, the exemptions within WAC 197-11-800 are inapplicable to wetlands: WAC 197-11-800(3), except for the repair, remodeling, or maintenance of an existing single - family residence, provided the proposed development complies with RMC 4-3-050 and 4-3- 090. This exception would not apply to projects within a channel migration zone or those projects requiring a variance or reasonable use exception from RMC 4-3-050 or 4-3-090. WAC 197-11-800(4) WAC 197-11-800(6) WAC 197-11-800(8) 4. Proposals Located within Critical Areas: The City shall treat proposals located wholly or partially within a critical area no differently than other proposals under this Section, making a threshold determination for all such proposals. The City shall not automatically require an EIS for a proposal merely because it is proposed for location in a critical area. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 145 4-9-190 SHORELINE PERMITS: A. PURPOSE: The purpose of this Section is to ensure consistency with the State Shoreline Management Act and with the City’s Shoreline Master Program. B. SHORELINE DEVELOPMENT APPROVAL: 1. Development Compliance: All uses and developments within the jurisdiction of the Shoreline Management Act (hereinafter the “Act”) shall be planned and carried out in a manner that is consistent with the Shoreline Master Program and the policy of the Act as required by RCW 90.58.140(1), regardless of whether a shoreline permit, statement of exemption, shoreline variance, or shoreline conditional use permit is required. The Administrator of the Department of Community and Economic Development or designee shall assure compliance with the provisions of the Shoreline Master Program for all permits and approvals processed by the City, and may add conditions of approval in order to ensure compliance. 2. Shoreline Overlay: Shoreline regulations shall apply as an overlay and in addition to development regulations, including but not limited to zoning, environmental regulations, development standards, subdivision regulations, and other regulations established by the City. a. Allowed uses shall be limited by the general polices and specific regulations regarding use preferences for water-dependent and water-oriented uses. Allowed uses may be specified and limited in specific shoreline permits. In the case of nonconforming development, the use provisions of this code shall be applied to any change of use, including occupancy permits. b. In the event of any conflict between shoreline policies and regulations and any other regulations of the City, shoreline policies and regulations shall prevail unless other regulations provide greater protection of the shoreline natural environment and aquatic habitat. c. All regulations applied within the shoreline shall be liberally construed to give full effect to the objectives and purposes for which they have been enacted. Shoreline Master Program policies, found in the City’s Comprehensive Plan, establish intent for the shoreline regulations in addition to chapter 90.58 RCW and chapters 173-26 and 173-27 WAC. 3. Substantial Development Permit: A substantial development permit shall be required for all proposed use and development of shorelines unless the proposal is specifically exempt pursuant to AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 146 RCW 90.58.140(1) or WAC 173.27. An exemption from obtaining a shoreline substantial development permit is not an exemption from compliance with the Act, the Shoreline Master Program, or from any other regulatory requirements. a. Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemptions from the substantial development permit process. b. The burden of proof that a development or use is exempt is on the applicant/proponent of the exempt development action. c. If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire project. 4. Shoreline Conditional Use Permit: A development or use that is listed as a shoreline conditional use pursuant to the Shoreline Master Program or is an unlisted use must obtain a conditional use permit even if the development or use does not require a substantial development permit. 5. Shoreline Variance: When an activity or development is proposed that does not comply with the bulk, dimensional, and/or performance standards of the program, such development or use shall only be authorized by approval of a shoreline variance even if the development or use does not require a substantial development permit. 6. Land Division: In the case of land divisions, such as short subdivisions, long plats and planned unit developments, the Administrator of the Department of Community and Economic Development or designee shall document compliance with bulk and dimensional standards as well as policies and regulations of the Shoreline Master Program and attach appropriate conditions and/or mitigating measures to such approvals to ensure the design, development activities and future use associated with such land division(s) are consistent with the Shoreline Master Program. 7. Approval Criteria: In order to be approved, the Administrator of the Department of Community and Economic Development or designee must find that a proposal is consistent with the following criteria: a. All regulations of the Shoreline Master Program appropriate to the shoreline designation and the type of use or development proposed shall be met, except those bulk and dimensional standards that have been modified by approval of a shoreline variance. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 147 b. All policies of the Shoreline Master Program appropriate to the shoreline area designation and the type of use or development activity proposed shall be considered and substantial compliance demonstrated. A reasonable proposal that cannot fully conform to these policies may be permitted, provided it is demonstrated to the Administrator of the Department of Community and Economic Development or designee that the proposal is clearly consistent with the overall goals, objectives and intent of the Shoreline Master Program. c. For projects located on Lake Washington the criteria in RCW 90.58.020 regarding shorelines of sStatewide significance and relevant policies and regulations of the Shoreline Master Program shall also be adhered to. 8. Written Findings Required: All permits or statements of exemption issued for development or use within shoreline jurisdiction shall include written findings prepared by the Administrator of the Department of Community and Economic Development or designee, including compliance with bulk and dimensional standards and policies and regulations of the Shoreline Master Program. The Administrator of the Department of Community and Economic Development or designee may attach conditions to the approval of exempt developments and/or uses as necessary to assure consistency of the project with the Act and the program. 9. Building Permit Compliance: For all development within shoreline jurisdiction, the Administrator of the Department of Community and Economic Development or designee shall not issue a building permit for such development until compliance with the Shoreline Master Program has been documented. If a shoreline substantial development permit is required, no permit shall be issued until all comment and appeal periods have expired. Any permit issued by the Administrator of the Department of Community and Economic Development or designee for such development shall be subject to the same terms and conditions that apply to the shoreline permit. 10. Restoration Project Relief: The City may grant relief from Shoreline Master Program development standards and use regulations when the following apply: a. A shoreline restoration project causes or would cause a landward shift in the OHWM, resulting in the following: i. Land that had not been regulated under this chapter prior to construction of the restoration project is brought under shoreline jurisdiction; or AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 148 ii. Additional regulatory requirements apply due to a landward shift in required shoreline buffers or other regulations of the applicable Shoreline Master Program; and iii. Application of Shoreline Master Program regulations would preclude or interfere with use of the property permitted by local development regulations, thus presenting a hardship to the project proponent. b. The proposed relief meets all of the following criteria: i. The proposed relief is the minimum necessary to relieve the hardship; ii. After granting the proposed relief, there is net environmental benefit from the restoration project; iii. Granting the proposed relief is consistent with the objectives of the shoreline restoration project and consistent with the Shoreline Master Program; and iv. Where a shoreline restoration project is created as mitigation to obtain a development permit, the project proponent required to perform the mitigation is not eligible for relief under this Section. c. The application for relief must be submitted to the Department of Ecology for written approval or disapproval. This review must occur during the department’s normal review of a shoreline substantial development permit, conditional use permit, or variance. If no such permit is required, then the department shall conduct its review when the local government provides a copy of a complete application and all supporting information necessary to conduct the review. i. Except as otherwise provided in subsection B10d of this Section, the Department of Ecology shall provide at least twenty (20) days’ notice to parties that have indicated interest to the department in reviewing applications for relief under this section, and post the notice on to their website. ii. The department shall act within thirty (30) calendar days of close of the public notice period, or within thirty (30) days of receipt of the proposal from the local government if additional public notice is not required. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 149 d. The public notice requirements of subsection B10c of this Section do not apply if the relevant shoreline restoration project was included in a Shoreline Master Program or shoreline restoration plan as defined in WAC 173-26-201, as follows: i. The restoration plan has been approved by the department under applicable Shoreline Master Program guidelines; and ii. The shoreline restoration project is specifically identified in the Shoreline Master Program or restoration plan or is located along a shoreline reach identified in the Shoreline Master Program or restoration plan as appropriate for granting relief from shoreline regulations; and iii. The Shoreline Master Program or restoration plan includes policies addressing the nature of the relief and why, when, and how it would be applied. C. EXEMPTIONS FROM PERMIT SYSTEM: 1. The following shall not be considered substantial developments for the purpose of this Master Program and are exempt from obtaining a Shoreline Substantial Development Permit (SSDP). An exemption from an SSDP is not an exemption from compliance with the Act or the Shoreline Master Program, or from any other regulatory requirements. 1a. Governor’s Certification: Any project with a certification from the Governor pursuant to chapter 80.50 RCW. 2b. Projects Valued at $5,000 7,047.00 or Less: Any development of which the total cost or fair market value does not exceed five seven thousand forty-seven dollars ($5,000.00),7,047.00), or as adjusted per RCW 90.58.030(3), if such development does not materially interfere with the normal public use of the water or shorelines of the State. 3c. Maintenance and Repair: Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. ai. “Normal maintenance” includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. bii. “Normal repair” means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 150 appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to the shoreline resource or environment. ciii. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including, but not limited to, its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. 4d. Emergency Construction: Emergency construction necessary to protect property from damage by the elements. ai. An “emergency” is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow for full compliance with the Shoreline Master Program. bii. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed to be the appropriate means to address the emergency situation, upon abatement of the emergency situation, the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to chapter 90.58 RCW, chapter 173-27 WAC or the Shoreline Master Program shall be obtained. ciii. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and the Shoreline Master Program. div. In general, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency. 5e. Agricultural Construction or Practices: Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures, including, but not limited to, head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling, other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 151 of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations. 6f. Construction of Single Family Residence and Accessory Buildings: Construction on shorelands by an owner, lessee or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five feet (35') above average grade level as defined in WAC 173-27-030 and which meets all requirements of the State agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this Section. ai. “Single family” residence means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. An “appurtenance” is necessarily connected to the use and enjoyment of a single family residence and is located landward of the OHWM and/or the perimeter of a wetland. bii. Construction authorized under this exemption shall be located landward of the OHWM. 7g. Construction of Noncommercial Docks: Construction of a dock including a community dock designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multi-family residences. ai. This exception applies if the fair market value of the dock does not exceed: (A) twenty thousand dollars ($20,000.00) for docks that are constructed to replace existing docks and are of equal or lesser square footage than the dock being replaces; or (B) ten thousand dollars ($10,000.00); however) for all other docks constructed in fresh waters. However, if subsequent construction having a fair market value exceeding two thousand five hundred dollars ($2,500.00) occurs within five (5) years of completion of the prior construction, and the combined fair market value of the subsequent and prior construction exceeds the amount specified above, the subsequent construction shall be considered a substantial development permit; and bii. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 152 8h. Construction Authorized by the Coast Guard: Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids such as channel markers and anchor buoys. 9i. Operation, Maintenance, or Construction Related to Irrigation: Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater for the irrigation of lands. 10j. Marking of Property Lines on State-Owned Lands: The marking of property lines or corners on State-owned lands when such marking does not interfere with the normal public use of the surface of the water. 11k. Operation and Maintenance of Agricultural Drainage or Dikes: Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system. 12l. Activities Necessary for Permit Application: Site exploration and investigation activities that are prerequisites to preparation of an application for development authorization under the Shoreline Master Program, if: ai. The activity does not interfere with the normal public use of the surface waters. bii. The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values. ciii. The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity. div. A private entity seeking development authorization under the Shoreline Master Program first posts a performance bond or provides other evidence of financial responsibility to the Planning Division to ensure that the site is restored to pre-existing conditions. ev. The activity is not subject to the permit requirements of RCW 90.58.550. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 153 13m. Removal or Control of Aquatic Noxious Weeds: The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through the use of a herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other State agencies under chapter 43.21C RCW. 14n. Watershed Restoration Projects: Watershed restoration projects as defined below: ai. “Watershed restoration project” means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: i.(a) A project that involves less than ten (10) miles of streamreach, in which less than twenty-five (25) cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings. ii.(b) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water. iii.(c) A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the State, provided that any structure, other than a bridge or culvert or in stream habitat enhancement structure associated with the project, is less than two hundred (200) square feet in floor area and is located above the OHWM of the stream. bii. “Watershed restoration plan” means a plan, developed or sponsored by a State department, a federally recognized Indian Tribe, a city, a county or a conservation district, for which agency and public review has been conducted pursuant to chapter 43.21C RCW, the State Environmental Policy Act. The watershed restoration plan generally contains a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 154 15o. Projects to Improve Fish and Wildlife Passage or Habitat: A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish passage, when all of the following apply: ai. The project has been approved in writing by the Department of Fish and Wildlife as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the intended purpose. bii. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to chapter 75.20 77.04 RCW. ciii. The Planning Division has determined that the project is consistent with the Shoreline Master Program. 16p. Hazardous Substance Remediation: Hazardous substance remedial actions pursuant to WAC 173-26-231(3)(a)(iii)(B)(V)7-040(3). 17q. Projects on Lands Not Subject to Shoreline Jurisdiction Prior to Restoration: Actions on land that otherwise would not be under the jurisdiction of the Shoreline Management Act except for a change in the location of OHWM or other criteria due to a shoreline restoration project creating a landward shift in the OHWM that brings the land under the jurisdiction of the Act. r. Americans with Disabilities Act: The external or internal retrofitting of an existing structure with the exclusive purpose of compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec 12101 et seq.) or to otherwise provide physical access to the structure by individuals with disabilities. 2. Developments not required to obtain shoreline permits or local reviews: Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review to implement the Shoreline Management Act do not apply to the following: a. Remedial Actions: Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decrees, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the Department of Ecology when it conducts a remedial action under chapter 70.105D RCW. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 155 b. Boatyard Improvement to Meet NPDES Permit Requirements: Pursuant to RCW 90.58.355, any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system stormwater general permit. c. WSDOT Facility Maintenance and Safety Improvements: Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain shoreline permits or local reviews. d. Environmental Excellence Program: Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045. e. Energy Facility Site Evaluation: Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to chapter 80.50 RCW. D. EXEMPTION CERTIFICATE PROCEDURES: 1. Application Required: Any person claiming exemption from the shoreline substantial development permit requirements of the Shoreline Master Program as a result of the exemptions specified in this Section shall make application for a no-fee exemption certificate to the Planning Division in the manner prescribed by that division. 2. Consistency Required: Any development which occurs within the regulated shorelines of the State under Renton’s jurisdiction, whether it requires a permit or not, must be consistent with the intent of the State law. 3. Conditions Authorized: The City may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Shoreline Management Act and the Shoreline Master Program. 4. Permit Required if Project Not Exempt in Part: If any part of a proposed development is not eligible for exemption, then a shoreline substantial development permit is required for the entire proposed development project. E. SHORELINE PERMIT APPLICATION PROCEDURES: 1. Information Prior to Submitting a Shoreline Substantial Development Permit Application: Prior to submitting an application for a shoreline permit or an exemption from a shoreline permit, the applicant should informally discuss a proposed development with the Planning Division. This will enable AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 156 the applicant to become familiar with the requirements of the Shoreline Master Program, building and zoning procedures, and enforcement procedures. 2. Shoreline Substantial Development Permit Required: No shoreline development shall be undertaken on shorelines of the State City without first obtaining a “substantial development permit” from the Planning Division. 3. Shoreline Substantial Development Permit Application Forms and Fees: Fees shall be as listed in RMC 4-1-170, Land Use Review Fees the City of Renton Fee Schedule. Applications for such permits shall be made on forms and reviewed according to procedures prescribed by the Planning Division. Application forms may be revised from time to time by the Planning Division without prejudice to any existing applications. Such forms should be designed to provide such information as is necessary to determine whether such a permit is justified. 4. Secondary Review by Independent Qualified Professionals: When appropriate due to the type of critical areas, habitat, or species present, or project area conditions, the Administrator of the Department of Community and Economic Development or designee may require the applicant to prepare or fund analyses or activities conducted by a third party or parties selected by the Administrator of the Department of Community and Economic Development or designee and paid for by the applicant. Analyses and/or activities conducted under this subsection include, but are not limited to: a. Evaluation by an independent qualified professional of the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate; and b. A request for consultation with the Washington Department of Fish and Wildlife, Washington State Department of Ecology, or the local Native American Indian Tribe or other appropriate agency; and/or c. Analysis of detailed surface and subsurface hydrologic features both on and adjacent or abutting to the site. 5. Public Notice: Three (3) copies of a notice of development application shall be posted prominently on the property concerned and in conspicuous public places within three hundred feet (300') thereof. The notice of development application shall also be mailed to property owners within three hundred feet (300') of the boundaries of the subject property. The required contents of the notice of development application are detailed in RMC 4-8-090B, Public Notice Requirements. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 157 6. Standard Public Comment Time: Each notice of development application shall include a statement that persons desiring to present their views to the Planning Division with regard to said application may do so in writing to that division and persons interested in the Planning Division’s action on an application for a permit may submit their views in writing or notify the Planning Division in writing of their interest within fourteen (14) thirty (30) days from the date of the notice of application. 7. Special Public Comment Time: Notice of development application for a substantial development permit regarding a limited utility extension as defined in RCW 90.58.140(11)(b) or for the construction of a bulkhead or other measures to protect a single family residence and its appurtenant structures from shoreline erosion shall include a fourteen (14) day comment period. Such notification or submission of views to the Planning Division shall entitle those persons to a copy of the action taken on the application. 8. Review Guidelines: Unless exempted or authorized through the variance or conditional use permit provisions of the Shoreline Master Program, no substantial development permit and no other permit shall be granted unless the proposed development is consistent with the provisions of the Shoreline Master Program, the Shoreline Management Act of 1971, and the rules and regulations adopted by the Department of Ecology thereunder. 9. Conditional Approval: Should the Administrator of the Department of Community and Economic Development or designee find that any application does not substantially comply with criteria imposed by the Shoreline Master Program and the Shoreline Management Act of 1971, he/she may deny such application or attach any terms or condition which he/she deems suitable and reasonable to effect the purpose and objective of the Shoreline Master Program. 10. Notification: It shall be the duty of the Planning Division to timely furnish copies of all applications and actions taken by said division unto such other officials or departments whose jurisdiction may extend to all or any part of the proposed development, including any State or Federal agencies and Indian tribes. F. REVIEW CRITERIA: 1. General: The Planning Division shall review an application for a permit based on the following: a. The application. b. The environmental checklist or environmental impact statement, if one is required. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 158 c. Written comments from interested persons. d. Information and comments from all affected City departments. e. Evidence presented at a public hearing. f. No authorization to undertake use or development on shorelines of the State shall be granted by the Administrator of the Department of Community and Economic Development or designee unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Management Act and the Shoreline Master Program. 2. Additional Information: The Planning Division may require an applicant to furnish information and data in addition to that contained or required in the application forms prescribed. Unless an adequate environmental statement has previously been prepared for the proposed development by another agency, the City’s Environmental Review Committee shall cause to be prepared such a statement, prior to granting a permit, when the State Environmental Policy Act of 1971 would require such a statement. 3. Procedural Amendments: In addition to the criteria hereinabove set forth in this Section, the Department of Community and Economic Development may from time to time promulgate additional procedures or criteria and such shall become effective, when reduced to writing, and filed with the City Clerk and as approved by the City Council and the Department of Ecology. 4. Burden of Proof on Applicant: The burden of proving that the proposed substantial development is consistent with the criteria which must be met before a permit is granted shall be on the applicant. G. SURETY DEVICES: The Planning Division may require the applicant to post a surety device in favor of the City of Renton to assure full compliance with any terms and conditions imposed by said department on any shoreline permit. Said surety device shall be in an amount to reasonably assure the City that any deferred improvement will be carried out within the time stipulated and in accordance with RMC 4-1-230, Suretiesy and Bonds. H. ADMINISTRATIVE APPEALS: The Department of Community and Economic Development shall have the final authority to interpret the Shoreline Master Program for the City of Renton. Where an application is denied or changed, per subsection E6 of this Section, an applicant may appeal the decision denying or changing a “substantial AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 159 development permit” to the Shoreline Hearings Board for an open record appeal in accordance with RMC 4-8-110. See RMC 4-8-110H for appeal procedures to the Shoreline Hearings Board. Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the State pursuant to RCW 90.58.140 may seek review from the Shorelines Hearings Board by filing a petition for review within twenty-one (21) days of the date of filing of the decision as defined in RCW 90.58.140(6). I. VARIANCES AND CONDITIONAL USES: 1. Purpose: The power to grant variances and conditional use permits should be utilized in a manner which, while protecting the environment, will assure that a person will be able to utilize his property in a fair and equitable manner. 2. Authority: a. Conditional Use Permits: Conditional use permits shall be processed either by the Hearing Examiner or administratively in accordance with the provisions of RMC 4-2-060, Zoning Use Table – Uses Allowed in Zoning Designations; provided, that: i. Additional requirements for conditional use permits may be provided within shoreline jurisdiction in this Section and will prevail over the provisions of RMC 4-2-060. ii. If an administrative process is not specified, a conditional use permit shall be processed by the Hearing Examiner. iii. Proposed uses not specified in this Section or in RMC 4-2-060 and not prohibited may be allowed by Hearing Examiner conditional use permit. b. Variances: The Hearing Examiner shall have authority to grant conditional use permits and variances in the administration of the Renton Shoreline Master Program. c. State Department of Ecology Decision: Both variances and conditional use permits are forwarded to the Department of Ecology and the Attorney General’s office for approval or denial. d. Time Limit, Permit Validity, and Appeals: Conditional permits and variances shall be deemed to be approved within thirty (30) calendar days from the date of receipt by the Department of Ecology and the Attorney General’s office unless written communication is received by the applicant and the City indicating otherwise. The Department of Ecology shall render and transmit to the City AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 160 and the applicant its final decision approving, approving with conditions, or disapproving conditional use permits and variances within thirty (30) days of submittal per WAC 173-27-200. i. Conditional use permits and variances shall be filed with submitted to the State in accordance with RCW 90.58.140(6) and WAC 173-27-130. ii. Permit validity requirements of subsection J of this Section shall apply to conditional use and variance permits. iii. Appeals of conditional use or variance permits shall be made by filing a petition for review with the Shoreline Hearings Board in accordance with RCW 90.58.180 RMC 4-8-110H. 3. Maintenance of Permitted Uses Allowed: It shall be recognized that a lawful use at the time the Shoreline Master Program is adopted is to be considered a permitted use, and maintenance and restoration shall not require a variance or a conditional use permit. 4. Variances: a. Purpose: Upon proper application, a substantial development permit may be granted which is at variance with the criteria established in the Shoreline Master Program where, owing to special conditions pertaining to the specific piece of property, the literal interpretation and strict application of the criteria established in the Shoreline Master Program would cause undue and unnecessary hardship or practical difficulties. The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in the Shoreline Master Program where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of the master program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. b. Decision Criteria: Variance permits should be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. The fact that the applicant might make a greater profit by using his property in a manner contrary to the intent of the Shoreline Master Program is not, by itself, sufficient reason for a variance. The Hearing Examiner must find each of the following: i. Exceptional or extraordinary circumstances or conditions applying to the subject property, or to the intended use thereof, that do not apply generally to other properties on shorelines in the same vicinity. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 161 ii. The variance permit is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties on shorelines in the same vicinity. iii. The variance permit will not be materially detrimental to the public welfare or injurious to property on the shorelines in the same vicinity. iv. The variance granted will be in harmony with the general purpose and intent of the Shoreline Master Program. v. The public welfare and interest will be preserved; if more harm will be done to the area by granting the variance than would be done to the applicant by denying it, the variance shall be denied, but each property owner shall be entitled to the reasonable use and development of his lands as long as such use and development is in harmony with the general purpose and intent of the Shoreline Management Act of 1971, and the provisions of the Shoreline Master Program. vi. The proposal meets the variance criteria in WAC 173-27-170. vii. Proposals that vary the size of the vegetation conservation buffer must provide for off-site mitigation in accordance with RMC 4-3-090F1k. i. Variance permits for development and/or uses that will be located landward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030(2)(c), and/or landward of any wetland as defined in RCW 90.58.030(2)(h), may be authorized provided the applicant can demonstrate all of the following: (a) That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with, reasonable use of the property; (b) That the hardship is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant's own actions; (c) That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment; AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 162 (d) That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; (e) That the variance requested is the minimum necessary to afford relief; and (f) That the public interest will suffer no substantial detrimental effect. ii. Variance permits for development and/or uses that will be located waterward of the OHWM, as defined in RCW 90.58.030 (2)(c), or within any wetland as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant can demonstrate all of the following: (a) That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes all reasonable use of the property; (b) That the proposal is consistent with the criteria established under subsection I4b(i)(b)-(f) of this Section; and (c) That the public rights of navigation and use of the shorelines will not be adversely affected. iii. Variances from the use regulations of the Shoreline Master Program are prohibited. 5. Conditional Use: a. Purpose: Upon proper application, and findings of compliance with conditional use permit criteria, a conditional use permit may be granted. The objective of a conditional use provision is to provide more control and flexibility for implementing the regulations of the Shoreline Master Program. With provisions to control undesirable effects, the scope of uses can be expanded to include many uses. The purpose of a conditional use permit is to provide a system which allows flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the act and the Shoreline Master Program. b. Decision Criteria: Uses classified as conditional uses can may be permitted only after consideration and by meeting such performance standards that make the use compatible with other permitted uses within that area. A conditional use permit may be granted subject to the AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 163 Administrator of the Department of Economic Development or designee determines ing compliance with each all of the following conditions: i. The proposed use is consistent with the policies of RCW 90.58.020 and the Shoreline Master Program; The use must be compatible with other permitted uses within that area. ii. The proposed use will not interfere with the normal public use of public shorelines;. iii. The proposed use of the site and design Design of the project site will be compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan the surroundings and the Shoreline Master Program;. iv. The proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and The use shall be in harmony with the general purpose and intent of the Shoreline Master Program. v. The public interest suffers no substantial detrimental effect. The use meets the conditional use criteria in WAC 173-27-160. J. TIME REQUIREMENTS FOR SHORELINE PERMITS: 1. Applicability: The time requirements of this Section shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit authorized under the Shoreline Master Program. 2. Unspecified Time Limits: Where specific provisions are not included to establish time limits on a permit as part of action on a permit by the City or the Department of Ecology, the time limits in subsections J6 and J8 of this Section apply. 3. Discretionary Time Limits for Shoreline Substantial Developments: If it is determined that standard time requirements of subsections J6 and J8 of this Section should not be applied, the Planning Division shall adopt appropriate time limits as a part of action on a substantial development permit upon a finding of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of the Shoreline Master Program and RCW 90.58.143. 4. Discretionary Time Limits for Shoreline Conditional Uses or Shoreline Variances: If it is determined that standard time requirements of subsections J6 and J8 of this Section should not be AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 164 applied, the Hearing Examiner, upon a finding of good cause and with the approval of the Department of Ecology, shall establish appropriate time limits as a part of action on a conditional use or variance permit. “Good cause” means that the time limits established are reasonably related to the time actually necessary to perform the development on the ground and complete the project that is being permitted. 5. Extension Requests: Requests for permit extension shall be made in accordance with subsections J6 and J8 of this Section. 6. Standard Period of Validity: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143 and subsection J2 or J3 of this Section, construction activities, or a use or activity, for which a permit has been granted pursuant to the Shoreline Master Program must be commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Planning Division before the expiration date, and notice of the proposed extension is given to parties of record and the Department of Ecology. 7. Certification of Construction Commencement: Construction activities or commencement of construction referenced in subsection J6 of this Section means that construction applications must be submitted, permits must be issued, and foundation inspections must be completed before the end of the two (2)-year period. 8. Time Allowed for Construction Completion: A permit authorizing construction shall extend for a term of no more than five (5) years after the effective date of a shoreline permit, unless a longer period has been specified pursuant to RCW 90.58.143 and subsection J2 or J3 of this Section. If an applicant files a request for an extension prior to expiration of the shoreline permit the Planning Division shall review the permit and upon a showing of good cause may authorize a single extension of the shoreline permit for a period of up to one year. Otherwise said permit shall terminate. Notice of the proposed permit extension shall be given to parties of record and the Department of Ecology. To maintain the validity of a shoreline permit, it is the applicant’s responsibility to maintain valid construction permits in accordance with adopted building codes. 9. Effective Date of Filing: For purposes of determining the life of a shoreline permit, the effective date of a substantial development permit, shoreline conditional use permit, or shoreline variance permit shall be the date of filing as provided in RCW 90.58.140(6). The permit time periods in subsections J6 and J8 of this Section do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions, or due to the need to obtain any other AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 165 government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. 10. Notification to City of Other Permits and Legal Actions: It is the responsibility of the applicant to inform the Planning Division of the pendency of other permit applications filed with agencies other than the City, and of any related administrative or legal actions on any permit or approval. If no notice of the pendency of other permits or approvals is given to the Division prior to the expiration date established by the shoreline permit or the provisions of this Section, the expiration of a permit shall be based on the effective date of the shoreline permit. 11. Permit Processing Time: The City shall issue permits within applicable time limits specified by State law. Substantial development permits for a limited utility extension as defined in RCW 90.58.140(11)(b) or for the construction of a bulkhead or other measures to protect a single family residence and its appurtenant structures from shoreline erosion shall be issued within twenty-one (21) days of the last day of the comment periods specified in subsections E6 and E7 of this Section. Permit review time for projects on a state highway is pursuant to RCW 47.01.485. 12. Construction Not Authorized Until Proceedings Completed: No construction pursuant to such permit shall begin or be authorized and no building, grading or other construction permits or use permits shall be issued by the City until twenty-one (21) days from the date the permit was filed with the Department of Ecology and the Attorney General, or until all review proceedings are completed as were initiated within the twenty-one (21) days of the date of filing. Filing shall occur in accordance with RCW 90.58.140(6) and WAC 173-27-130. 13. Special Allowance for Construction: If the granting of a shoreline permit by the City is appealed to the Shoreline Hearings Board, and the Shoreline Hearings Board has approved the granting of the permit, and an appeal for judicial review of the Shoreline Hearings Board decision is filed, construction authorization may occur subject to the conditions, time periods, and other provisions of RCW 90.58.140(5)(cb). K. RULINGS TO STATE: Any ruling on an application for a substantial development permit under authority of the Shoreline Master Program, whether it is an approval or denial, shall, with the transmittal of the ruling to the applicant, be filed concurrently with the Department of Ecology and the Attorney General by the Planning Division. Filing shall occur in accordance with RCW 90.58.140(6) and WAC 173-27-130. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 166 L. TRANSFERABILITY OF PERMIT: If a parcel which has a valid shoreline permit is sold to another person or firm, such permit may be transferred to the new owner. M. ENFORCEMENT: All provisions of the Shoreline Master Program shall be enforced by the Planning Division. For such purposes, the Administrator of the Department of Community and Economic Development or his duly authorized representative shall have the power of a police officer. N. RESCISSION OF PERMITS: 1. Noncompliance with Permit: Any shoreline permit issued under the terms of the Shoreline Master Program may be rescinded or suspended by the Planning Division of the City upon a finding that a permittee has not complied with conditions of the permit. 2. Notice of Noncompliance: Such rescission and/or modification of an issued permit shall be initiated by serving written notice of noncompliance on the permittee, which notice shall be sent by registered or certified mail, return receipt requested, to the address listed on the application or to such other address as the applicant or permittee may have advised the City; or such notice may be served on the applicant or permittee in person or his agent in the same manner as service of summons as provided by law. 3. Posting: In addition to such notice, the Planning Division shall cause to have notice posted in three (3) public places of which one posting shall be at or within the area described in the permit. 4. Public Hearing: Before any such permit can be rescinded, a public hearing shall be held by the Hearing Examiner. Notice of the public hearing shall be made in accordance with RMC 4-8-090D, Public Notice Requirements. 5. Final Decision: The decision of the Hearing Examiner shall be the final decision of the City on all rescinded applications. A written decision shall be transmitted to the Department of Ecology, the Attorney General’s office, the applicant, and such other departments or boards of the City as are affected thereby and the legislative body of the City. O. APPEALS: See RMC 4-8-110H. Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the State pursuant to RCW 90.58.140 may seek review from the Shorelines Hearings AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 167 Board by filing a petition for review within twenty-one (21) days of the date of filing of the decision as defined in RCW 90.58.140(6). P. VIOLATIONS AND PENALTIES: 1. Prosecution: Every person violating any of the provisions of the Shoreline Master Program or the Shoreline Management Act of 1971 shall be punishable under conviction by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment, and each day’s violation shall constitute a separate punishable offense. 2. Injunction: The City Attorney may bring such injunctive, declaratory or other actions as are necessary to ensure that no uses are made of the shorelines of the State within the City’s jurisdiction which are in conflict with the provisions and programs of the Shoreline Master Program or the Shoreline Management Act of 1971, and to otherwise enforce provisions of this Section and the Shoreline Management Act of 1971. 3. Violators Liable for Damages: Any person subject to the regulatory program of the Shoreline Master Program who violates any provision of the Shoreline Master Program or the provisions of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. The City Attorney may bring suit for damages under this subsection on behalf of the City. Private persons shall have the right to bring suit for damages under this subsection on their own behalf and on behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by violation, the Court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including monetary damages, the Court in its discretion may award attorney’s fees and costs of the suit to the prevailing party. Q. SHORELINE MORATORIUM: 1. The City Council may adopt moratoria or other interim official controls as necessary and appropriate to implement the provisions of the Shoreline Management Act. 2. Prior to adopting such moratorium or other interim official controls, the City Council shall: a. Hold a public hearing on the moratorium or control within sixty (60) days of adoption; AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 168 b. Adopt detailed findings of fact that include, but are not limited to, justifications for the proposed or adopted actions and explanations of the desired and likely outcomes; and c. Notify the Department of Ecology of the moratorium or control immediately after its adoption. The notification must specify the time, place, and date of any public hearing held. 3. Said moratorium or other official control shall provide that all lawfully existing uses, structures, or other development shall continue to be deemed lawful conforming uses and may continue to be maintained, repaired, and redeveloped, so long as the use is not expanded, under the terms of the land use and shoreline rules and regulations in place at the time of the moratorium. 4. Said moratorium or control adopted under this Section may be effective for up to six (6) months if a detailed work plan for remedying the issues and circumstances necessitating the moratorium or control is developed and made available for public review. A moratorium or control may be renewed for two (2) six (6) month periods if the City Council complies with subsection Q2a of this Section before each renewal. 5. If a moratorium or control is in effect on the date a proposed Master Program or amendment is submitted to the Department of Ecology, the moratorium or control must remain in effect until the department's final action under RCW 90.58.090; however, the moratorium expires six (6) months after the date of submittal if the department has not taken final action. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 169 4-9-195 ROUTINE VEGETATION MANAGEMENT PERMITS A. PURPOSE: This Section provides a permit process for routine vegetation management implementing the tree retention and land clearing regulations in RMC 4-4-130. B. AUTHORITY: The Administrator is hereby authorized and directed to interpret and enforce all the provisions of this Section. C. APPLICABILITY: Unless exempted by RMC 4-4-130C, Allowed Tree Removal Activities, a Routine Vegetation Management Permit is required for any property where routine vegetation management activities are undertaken. D. PROCEDURES AND REVIEW CRITERIA: Permits for routine vegetation management shall be processed as follows: 1. Submittal: An application for a routine vegetation management permit shall be submitted to the Development Services Division together with any necessary fees as specified in the City of Renton Fee Schedule. 2. Information Required: A routine vegetation management permit application shall contain the information requested in RMC 4-8-120, Submittal Requirements – Specific to Application Type. 3. Time: The permit shall be reviewed administratively within a reasonable period of time. 4. Review Criteria: All land clearing and tree removal activities shall comply with RMC 4-4-060, Grading, Excavation, and Mining Regulations, and shall meet the following criteria: a. The lot shall comply with minimum tree density requirements pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations. b. The land clearing and tree removal shall be consistent with restrictions for critical areas, pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations, and RMC 4-3-050, Critical Areas Regulations. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 170 c. Removal of a landmark tree shall meet the review criteria for removal of a landmark tree, pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations. d. Street frontage and parking lot trees and landscaping shall be preserved, unless otherwise approved by the Administrator. e. The land clearing and tree removal shall not remove any landscaping or protected trees required as part of a land development permit. f. The land clearing and tree removal shall maintain visual screening and buffering between land uses of differing intensity, consistent with applicable landscaping and setback provisions. g. The land clearing and tree removal shall not create or contribute to a hazardous condition, such as increased potential for blowdown, pest infestation, disease, or other problems that may result from selectively removing trees and other vegetation from a lot. h. The land clearing and tree removal shall be consistent with the requirements of the Shoreline Master Program, pursuant to RMC 4-3-090F.1 Vegetation Conservation and RMC 4-4-130, Tree Retention and Land Clearing Regulations. 5. Routine Vegetation Management Permit Conditions: The routine vegetation management permit may be denied or conditioned by the City to restrict the timing and extent of activities or to require tree replacement in order to further the intent of this Section including: a. Preserve and enhance the City’s aesthetic character and maintain visual screening and buffering. b. Preserve habitat to the greatest extent feasible. c. Prevent landslides, accelerated soil creep, settlement and subsidence hazards. d. Minimize the potential for flooding, erosion, or increased turbidity, siltation or other form of pollution in a watercourse. e. Ensure that the proposal will be consistent with RMC 4-4-130D3, Restrictions for Critical Areas – General, and 4-4-130D4, Restrictions for Native Growth Protection Areas. f. Ensure that the proposal will be consistent with RMC 4-3-090 Shoreline Master Program Regulations. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 171 6. Time Limits for Routine Vegetation Management Permits: Any permit for routine vegetation management shall be valid for one year from the date of issuance. An extension may be granted by the Administrator for a period of one year upon application by the property owner or manager. Application for such an extension must be made at least thirty (30) days in advance of the expiration of the original permit and shall include a statement of justification for the extension. E. APPEALS: Appeal of the decision to grant, grant with conditions, or deny a routine vegetation management permit shall be made consistent with RMC 4-8-110, Appeals. F. VIOLATIONS AND PENALTIES: Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 172 4-10-095 SHORELINE MASTER PROGRAM, NONCONFORMING USES, ACTIVITIES, STRUCTURES, AND SITES A shoreline use or development which was lawfully constructed or established prior to the effective date of the applicable Shoreline Master Program, or amendments thereto, but which does not conform to present regulations or standards of the program, may be continued; provided, that: A. NONCONFORMING STRUCTURES: Nonconforming structures within shoreline jurisdiction shall be governed by RMC 4-10-050, this section with the exception of docks and piers, which shall be governed by RMC 4-3-090E7, Piers and Docks, and shoreline stabilization structures, which shall be governed by RMC 4-3-090F4, Shoreline Stabilization. B. NONCONFORMING USES: Nonconforming uses within shoreline jurisdiction shall be governed by RMC 4-10-060., except where superseded by Subsection E or Subsection F of this Section. C. NONCONFORMING SITE: Nonconforming sites within the shoreline jurisdiction shall be governed by this Section. A lot which does not conform to development regulations on a site not related to the characteristics of a structure including, but not limited to, the vegetation conservation, shoreline stabilization, landscaping, parking, fence, driveway, street opening, pedestrian amenity, screening and other regulations of the district in which it is located due to changes in Code requirements, condemnation or annexation. D. PRE-EXISTING LEGAL LOT: RESERVED. Reserved. E. CONTINUATION OF USE: The continuation of existing use and activities does not require prior review or approval. Operation, maintenance, or repair of existing legally established structures, infrastructure improvements, utilities, public or private roads, or drainage systems that do not require construction permits are allowed. Such improvements are only allowed if the activity does not modify the character, scope, or size of the original structure or facility or increase the impact to, or encroach further within, the sensitive area or AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 173 buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair. Operation and maintenance includes vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure, or utilities; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the sensitive area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species. F. PARTIAL AND FULL COMPLIANCE, ALTERATION OF AN EXISTING STRUCTURE OR SITE: This Section is applied The following provisions shall apply to lawfully established uses, buildings and/or structures, and related site development that do not meet the specific standards of the Shoreline Master Program, including but not limited to maximum building coverage and impervious area, building setbacks, and vegetation conservation buffers. Alteration or expansion of existing structures or impervious areas may take place with partial compliance with the standards of this Code, as provided below, provided that: the proposed alteration or expansion will result in no net loss of shoreline ecological function; and developable portions of lots shall not be subject to flooding or require structural flood hazard reduction measures within a channel migration zone or floodway to support intended development during the life of the development or use. In no case shall a structure with extending into a nonconforming shoreline buffer or setback from the shoreline be allowed to extend further waterward than the existing structure. Alterations of existing structures or developed sites shall not result in or increase any nonconforming condition unless permitted by this Section. 1. Partial Compliance for Non-Single -Family Development: The following provisions shall apply to all development except single family: Alteration of an Existing Structure Footprint and/or Impervious Surface(s) Compliance Standard Alteration Without Expansion Expansion or remodel that does not change the building footprint or increase impervious surface. No site changes required. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 174 Alteration of an Existing Structure Footprint and/or Impervious Surface(s) Compliance Standard Minor Alteration Expansion of building footprint by up to 500 sq. ft. or up to 10% (whichever is less); or • Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: o Partial compliance with Vegetation Conservation provisions of RMC 4-3- 090F1, Vegetation Conservation, consisting of revegetation of a native community of at least 50% of the area between an existing building and the water’s edge; provided, that the area to be revegetated does not exceed 10 ft., unless a greater area is desired by the applicant, or o An alternate mitigation proposal prepared by a qualified professional and approved by Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. • Remove over water structures that do not provide public access, or do not serve a water-dependent use. Expansion of impervious surface by up to 1,000 sq. ft. or up to 10% (whichever is less); or. Remodeling or renovation that equals less than 30% of the replacement value of the existing structures or improvements, excluding plumbing, electrical and mechanical systems and normal repair and maintenance. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 175 Alteration of an Existing Structure Footprint and/or Impervious Surface(s) Compliance Standard Moderate Alteration Expansion of building footprint by more than 500 sq. ft. or between 10.1-25% (whichever is less); or • Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: o Partial compliance with Vegetation Conservation provisions of RMC 4-3- 090F1, Vegetation Conservation, consisting of revegetation of a native community of at least 80% of the area between an existing building and the water’s edge, or at least 10 ft., or o An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. • Remove over water structures that do not provide public access, or do not serve a water- dependent use. • Piers and docks shall be required to replace any solid decking with light penetrating surfacing materials. Expansion of impervious surface by more than 1,000 sq. ft., or between 10.1-25% (whichever is less); or. Remodeling or renovation that equals 30.1-50% of the replacement value of the existing structures or improvements, excluding plumbing, electrical and mechanical systems and normal repair and maintenance. Major Alteration Expansion of building footprint by more than 25%; or • Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: Expansion of impervious surface by more than 25%.; or AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 176 Remodeling or renovation that equals more than 50% of the replacement value of the existing structures or improvements, excluding plumbing, electrical and mechanical systems and normal repair and maintenance. o Full compliance with Vegetation Conservation provisions of RMC 4-3- 090F1, Vegetation Conservation, consisting of revegetation of a native community of the full required* buffer, or 100% of the area between an existing building and the water’s edge if the full buffer cannot be planted, or at least 10 ft., or o An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. • Remove over water structures that do not provide public access, or do not serve a water- dependent use. • Piers and docks shall be required to replace any solid decking with light penetrating surfacing materials. • Developments with existing shoreline stabilization shall mitigate for the impacts of shoreline stabilization in one of the following ways: o Shoreline stabilization structures not conforming to, or otherwise permitted by, the provisions of this Code shall be reviewed and upgraded according to the standards of RMC 4-3-090F4aiii, Shoreline Stabilization Alternatives Hierarchy, or o An alternative mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would identify near shore mitigation to improve shoreline function or values on-site, or o If the two alternatives above are infeasible, then the project proponent shall contribute to an off-site vegetation conservation fund, in accordance with RMC 4-3-090F1k. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 177 *The full buffer and/ setback as required in RMC 4-3-090D7a, Shoreline Bulk Standards, or as modified under RMC 4-3-090F1, Vegetation Conservation. 2. Partial Compliance for Single Family Development: Lawfully constructed single family homes, their appurtenances, and impervious area built or installed before the adoption of the Shoreline Master Program (October 24, 2011) shall be considered conforming if alteration expansion or replacement is consistent with the compliance standards below: Alteration of an Existing Structure Footprint and/or Impervious Surface(s) Compliance Standard Alteration Without Expansion Expansion Alteration or replacement remodel that does not change the building footprint or increase impervious surface. No site changes required. Minor Alteration Alteration or replacement that expands Expansion of the building footprint by up to 500 sq. ft. outside of the required* setback and buffer; or No site changes required. Alteration or replacement that expands Expansion of the impervious surface by up to 1,000 sq. ft. outside of the required* setback and buffer. Moderate Alteration Alteration or replacement that expands Expansion of the building footprint: • within the required* setback or buffer in any amount,; or • total expansion of 500 sq. ft. to 1,000 sq. ft.; or Alteration of replacement that expands impervious surface: • within the required* setback or buffer in any amount; • or total expansion of 1,000 sq. ft. to 1,500 sq. ft. • Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: o Partial compliance with Vegetation Conservation provisions of RMC 4-3- 090F1, Vegetation Conservation, consisting of revegetation of a native community of at least 80% of the area between an existing building and the water’s edge; provided, that the area to be revegetated need not be more than 25% of the lot depth in feet, or AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 178 Alteration of an Existing Structure Footprint and/or Impervious Surface(s) Compliance Standard Expansion of impervious surface within the required* setback in any amount, or total expansion of 1,000 sq. ft. to 1,500 sq.ft. o An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. • Docks shall be required to replace solid decking with light penetrating surfacing materials. Major Alteration Alteration or replacement that expands Expansion of the building footprint by more than 1,000 sq. ft., or • Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: o Full compliance with Vegetation Conservation provisions of RMC 4-3- 090F1, Vegetation Conservation, consisting of revegetation of a native community of the full required* buffer, or 100% of the area between an existing building and the water’s edge if the full buffer cannot be planted, or o An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. • Docks shall be required to replace solid decking with light penetrating surfacing materials. •Developments with existing shoreline stabilization shall mitigate for the impacts of Alteration of replacement that expands Expansion of impervious surface by more than 1,500 sq. ft. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 179 Alteration of an Existing Structure Footprint and/or Impervious Surface(s) Compliance Standard shoreline stabilization in one of the following ways: o Shoreline stabilization structures not conforming to, or otherwise permitted by, the provisions of this Code shall be reviewed and upgraded according to the standards of RMC 4-3-090F4aiii, Shoreline Stabilization Alternatives Hierarchy, or o An alternative mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would identify near shore mitigation to improve shoreline function or values on- site, or o If the two alternatives above are infeasible, then the project proponent shall contribute to an off-site vegetation conservation fund, in accordance with RMC 4-3-090F1k. *The full buffer/setback as required in RMC 4-3-090.D.7.a, Shoreline Bulk Standards, or as modified under RMC 4-3-090.F.1, Vegetation Conservation. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 180 4-11-020 DEFINITIONS B: BUFFER, SHORELINES: A strip of land that is designated to permanently remain vegetated in an undisturbed and natural condition to protect an adjacent aquatic, riparian, or wetland site from upland impacts, to provide habitat for wildlife and to afford limited public access. Uses and activities within the buffer are extremely limited. The buffer is measured horizontally upland from and perpendicular to the OHWM. 4-11-040 DEFINITIONS D: DEVELOPABLE AREA: Land area outside of critical areas, critical area and shoreline buffers, and public rights-of-way that is otherwise developable. DEVELOPMENT: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A use consisting of the construction or of exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any other projects of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any state of water level. This does not include dismantling or removing structures if there is no other associated development or redevelopment. 4-11-060 DEFINITIONS F: FLOODWAY: The channel of river or other watercourse and the abutting land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1'). AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 181 FLOODWAY: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) For purposes of determining the jurisdiction of the Shoreline Master Program in conjunction with the definition of “shoreland,” “floodway” means the area as identified in a Master Program, that either: (i) Has been established in Federal Emergency Management Agency flood insurance rate maps or floodway maps; or (ii) consists of tThose portions of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. Regardless of the method used to identify the floodway, tThe floodway shall not include those lands that can reasonably be expected to be protected flood waters by flood control devices maintained by or maintained under license from the federal government, the State, or a political subdivision of the State. 4-11-120 DEFINITIONS L: LOT MEASUREMENTS: A. Lot Depth: Except for lots abutting a shoreline of the State, lot depth shall be the horizontal distance between the front and rear lot lines, measured from midpoint to midpoint; except in the case of flag lots and irregularly shaped lots. For flag lots, the “flagpole” portion of the lot shall be ignored for the purpose of calculating lot depth. For irregularly shaped lots and lots without an obvious rear lot line, the lot depth shall be measured to the midpoint of an imaginary line at least fifteen feet (15') in length located entirely within the lot and farthest removed and parallel to the front lot line or its tangent. For lots abutting a shoreline of the State, lot depth shall be measured from and perpendicular to the OHWM to the opposing and most distant lot line or to an easement containing existing physical improvements for road access for two (2) or more lots. AGENDA ITEM # 9. b) ORDINANCE NO. ________ EXHIBIT A 182 B. Lot Width: Width of a lot shall be measured perpendicular to and at the midpoint of the line used to determine lot depth. 4-11-190 DEFINITIONS S: SETBACK: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A required open space land area specified in the Shoreline Master Program, measured horizontally upland from and perpendicular to the OHWM Vegetation Conservation Buffer within which no buildings or other permanent structures may be constructed and that serves to protect the vegetation conservation buffer during development activities, use, and routine maintenance of structures and improvements landward of the building setback. AGENDA ITEM # 9. b)