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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, August 1, 2022
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Please note that this regular meeting of the Renton City Council is being offered as a hybrid
meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S
Grady Way, Renton, 98057 or remotely through Zoom.
Zoom Participants: Speakers providing audience comments through Zoom must click the link to
the registration form (linked below), fill it out, and submit it by 5 p.m. on the day of the Council
meeting. The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m.
on the day of the meeting. Registration is not required for those who wish to speak during
public hearings.
Registration for Audience Comment
Registration will be open at all times, but speakers must register by 5 p.m. on the day of a
Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the
Council meeting will not be called upon to speak and will be required to re-register for the next
Council meeting if they wish to speak at that next meeting.
· Request to Speak Registration Form
· You may also copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
· You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email
address and/or phone number, and topic in your message.
· Instructions for Virtual Attendance
For those wishing to attend by Zoom, please (1) click this link:
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (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 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on
the day of the meeting to request an invite with a link to the meeting.
Those providing audience comments will be limited to 3 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.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PUBLIC HEARING
a) Warehousing and Distribution Moratorium Extension
4. ADMINISTRATIVE REPORT
a) Administrative Report
5. AUDIENCE COMMENTS
• All remarks must be addressed to the Council as a whole, if a response is requested
please provide your name and address, including email address, to the City Clerk to
allow for follow‐up.
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed three minutes.
• When recognized, please state your name & city of residence for the record.
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.
6. 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 18, 2022.
Council Concur
b) AB - 3169 Human Resources / Risk Management Department recommends appointing
Maryjane Ortiz Van Cleave as the Administrator for the Equity, Housing, and Human
Services (EHHS) Department, at Step A of salary grade m49, effective August 1, 2022; and
approval to transfer the Neighborhood Program and its budget from the Executive
Services Department (ESD) to EHHS, effective August 1, 2022.
Council Concur
c) AB - 3167 Public Works Utility Systems Division recommends approval to execute a grant
agreement with the Department of Commerce, to accept $316,020 in grant funding, for
the Connecting Housing to Infrastructure Program (CHIP). These funds will be used for
reimbursement of waived utility system development charges Council approved for the
Watershed Apartments affordable housing project.
Refer to Finance Committee
7. 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.
8. LEGISLATION
Ordinance for First Reading and Advancement to second and final reading:
a) Ordinance No. 6075: Warehousing and Distribution Moratorium Extension (See Item 3.a)
Ordinances for first reading:
b) Ordinance No. 6076: D-197 Tree Regulations (Approved via 2/14/2022 P & D Committee)
c) Ordinance No. 6077: D-210 Medical Institutions in EA (Approved via 6/27/2022 P & D
Committee)
d) Ordinance No. 6078: D-211 Townhome MFTE (Approved via 6/27/2022 P & D Committee)
e) Ordinance No. 6079: D-212 Master Plan Timing (Approved via 6/27/2022 P & D
Committee)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
Cancelled
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
PUBLIC HEARING FOR EXTENDING MORATORIUM ON:
WAREHOUSING AND DISTRIBUTION FACILITIES
Renton City Council Public Hearing
August 1, 2022
Presented by: Paul Hintz, Principal Planner
425-430-7436
phintz@rentonwa.gov AGENDA ITEM #3. a)
Emergency Ordinance 6057 was adopted on February 14, 2022
Established moratorium on the acceptance of:
•land use applications;
•building permit applications; and
•business license applications for Warehousing and Distribution Facilities.
Ord. 6057 will sunset on August 14, 2022, unless lifted sooner by City Council or extended
pursuant to state law.
State law allows moratoriums to be extended for six months after a public hearing if a work
program is developed.
Staff have initiated a work program and are requesting the moratorium be extended until
February 1, 2023.
BACKGROUND
AGENDA ITEM #3. a)
Warehousing and Distribution Facilities are only allowed in the City’s industrial zones, which are
intended to implement the Employment Area land use designation of the City’s Comprehensive Plan.
Policy L-18 of the City’s Comprehensive Plan states, in part, “Employment Areas provide a
significant economic development and employment base for the City. Maintain a variety and balance
of uses through zoning that promotes the gradual transition of uses on sites with good access and
visibility to more intensive commercial and office uses.”
Warehousing and Distribution Facilities are land-intensive uses with relatively low numbers of
employees.
Trucking associated with such facilities create significant impacts on local roadways and produce
high levels of particulate pollution.
Taxes collected for these facilities are insufficient to mitigate their impacts.
City staff seek adequate time to complete the initiated work program to determine appropriate
zoning, development standards, and impact fees for Warehousing and Distribution Facilities.
BACKGROUND
AGENDA ITEM #3. a)
Staff Contact:
Paul Hintz, Principal Planner
425-430-7436
phintz@rentonwa.gov
Staff recommended actions:
Accept public testimony
Adopt an ordinance extending the moratorium on acceptance of land use applications,
building permit applications, or business license applications for Warehousing and
Distribution Facilities.
NEXT STEPS
AGENDA ITEM #3. a)
Mayor’s Office
Memorandum
DATE: August 1, 2022
TO: Ryan McIrvin, Council President
Members of Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• Cascade Park Playground is now open! The playground was expanded and relocated to
an area with better drainage and more visibility from 126th Avenue SW. Bright, new
equipment including climbers, steppers, monkey bars, slides, spinners, and swings
provide exciting play opportunities. Final work on the project will occur in early fall and
include installation of site furnishings adjacent to the play area. Questions may be
directed to Betsy Severtsen at 425-757-6657.
• The next pop-up lunch event will be held Tuesday, August 2 from 12 to 1:30 p.m. at
Liberty Park. Lunch and personal hygiene kits will be available to those with food
insecurities and/or who are unsheltered. This event is sponsored by the Equity,
Housing, and Human Services (EHHS) Department and the Emergency Feeding Program.
• Celebrate National Night Out at Renton Farmers Market on Tuesday, August 2, 2022,
from 3 to 7 pm. National Night Out lets residents across America send a powerful
message about neighborhood unity, awareness, safety, and police-community
partnerships. The event also sends an important message to criminals that our
community is united and dedicated to building a safer and more caring America
(https://natw.org/). Renton police command staff, officers, and staff will be on hand at
Farmers Market to talk about topics of concern for Renton residents. In addition to
getting to better know your department, they’ll be a chance to win prizes, play Plinko,
or participate in a ”stained-glass” art activity. There’s also a K9 Riley coloring contest. To
download the coloring page and entry form instructions, or for more information on
National Night Out, go to rentonwa.gov/nno
• Renton History Museum has just opened a timely new exhibit by Anna Mia Davidson of
photos from Carpathian Mountain villages of Ukraine. In spring 2004, Davidson traveled
to this remote region with special permission from the Ukraine Ministry of Cultural
Affairs to document the mountain people and their traditional ways. Her photographs
depict these proud people and the beautiful natural landscape where they have lived for
centuries. This exhibit is made possible by a grant from Renton Municipal Arts
Commission and will be at the museum until September 16.
AGENDA ITEM #4. a)
Ryan McIrvin, Council President
Members of Renton City Council
Page 2 of 2
August 1, 2022
• Information about preventative street maintenance, traffic impact projects, and road
closures happening this week can be found at http://rentonwa.gov/traffic. All projects
are weather permitting and unless otherwise noted, streets will always remain open.
Preventative street maintenance, traffic impact projects, and road closures will be at the
following locations:
Monday, August 1 through Thursday, August 4, 7:00 am to 4:00 pm. Repairs
continue on SE 164th between 128th Ave SE and 132nd Pl SE. Flaggers will be
directing traffic.
Monday, August 1 through Friday, August 5, 7:00 am to 2:30 pm. Single
intermittent lane closures on the southernmost eastbound lane closure on NE
Sunset Boulevard between Aberdeen Ave NE overpass and Harrington Avenue NE
due to utility construction. Questions may be directed to Brad Stocco, 425-282-
2373.
Monday, August 1 through Friday, August 5, 8:30 am to 3:00 pm. Intermittent lane
closures on Logan Avenue N just south of N 8th Street due to roadway construction.
Questions may be directed to Brad Stocco, 425-282-2373.
Monday, August 1 through Friday, August 5, 8:30 am to 3:00 pm. Intermittent lane
closures on N 8th Street between Logan Avenue N and Park Avenue N due to
roadway construction. Questions may be directed to Brad Stocco, 425-282-2373.
Monday, August 1 through Friday, August 5, 8:30 am to 3:00 pm. Intermittent lane
closure at the 4100 block of Lincoln Ave NE due to utility and roadway construction.
Questions may be directed to Kip Braaten, 206-503-1746.
Monday, August 1 through Friday, August 5, 8:30 am to 3:00 pm. Intermittent lane
closures on 116th Avenue SE at SE 186th Street due to roadway and utility
construction. Questions may be directed to Tom Main, 206-999-1833.
On-going Street Closure through October 4, 2023 (City of Renton Resolution No.
4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and
Harrington Place NE in support of the Solera Development Project (LUA20-000305).
Questions may be directed to Brad Stocco, 425-282-2373.
AGENDA ITEM #4. a)
July 18, 2022 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, July 18, 2022
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Ryan McIrvin, Council President
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ed Prince, Council Position No. 5
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
Councilmembers Absent:
Valerie O'Halloran, Council Position No. 3
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL EXCUSE ABSENT
COUNCILMEMBER VALERIE O'HALLORAN. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
Patrice Kent, Senior Assistant City Attorney
Jason Seth, City Clerk
Commander Lance Gray, Police Department
Attending Remotely:
Judith Subia, Council Liaison
Kristi Rowland, Deputy Chief Administrative Officer
Chip Vincent, Community and Economic Development Administrator
Ellen Bradley-Mak, Human Resources and Risk Management Administrator
Martin Pastucha, Public Works Administrator
Kari Roller, Finance Administrator
AGENDA ITEM #6. a)
July 18, 2022 REGULAR COUNCIL MEETING MINUTES
Maryjane Van Cleave, Communications & Engagement Director
Amanda Askren, Interim Economic Development Director
Ron Straka, Public Works Utility Systems Director
Deputy Chief Jeff Hardin, Police Department
ADMINISTRATIVE REPORT
CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent
progress towards goals and work programs adopted as part of its business plan for 2022 and
beyond. Items noted were:
• The next pop-up lunch event, sponsored by the Equity, Housing, and Human Services
(EHHS) Department and Emergency Feeding Program, will be held on Tuesday, July
19, from 12 to 1:30 p.m. at Liberty Park. Lunch and personal hygiene kits will be
available to those with food insecurities and/or who are unsheltered.
• Parks and Recreation, in partnership with Renton River Days Board of Directors, is
pleased to announce that Renton River Days is “On the Road Again,” with a full line-
up of activities:
• Ongoing through July 24 – a “Road Trip Around Renton” via a self-guided app that
includes a chance to win prizes. Register online at rentonwa.gov/register using the
keyword “Road Trip”
• Wednesday, July 20, 11:30am, “Picnic on the Patio” at Renton Senior Activity
Center; live music, outdoor games and lunch
• Friday, July 22, 4:30-8:30pm, live music/entertainment at Piazza Park; at dusk,
Family Movie “Encanto” at Liberty Park
• Saturday, July 23, 5K Fun Walks, Parade, and much more; for detailed information
and locations, please visit rentonriverdays.org
• Come connect with Renton Police Department officers and personnel at Pop-Up with
a Cop on Tuesday, July 26 at Sunset Neighborhood Park from 4 to 7 pm. Ask
questions, get safety information, and get to know who is serving your community.
Plus, there will be fun activities for all ages.
• Celebrate National Night Out at Renton Farmers Market on Tuesday, August 2, 2022
from 3 to 7 pm. National Night Out lets residents across America send a powerful
message about neighborhood unity, awareness, safety, and police-community
partnerships. The event also sends an important message to criminals that our
community is united and dedicated to building a safer and more caring America
(https://natw.org/). Renton police command staff, officers, and staff will be on hand
at Farmers Market to talk about topics of concern for Renton residents. In addition to
getting to better know your department, they’ll be a chance to win prizes, play Plinko,
or participate in a ”stained-glass” art activity. There’s also a K9 Riley coloring contest.
To download the coloring page and entry form instructions, or for more information
on National Night Out, go to rentonwa.gov/nno
• Is your home in need of minor repairs? The Housing Repair Assistance Program
focuses on conducting minor repairs such as plumbing, electrical, weatherproofing,
heating, ADA fixtures, and roofing that improve the environmental health and safety
of residents. Find out if you qualify for the program by visiting
www.rentonwa.gov/hrap. You may also contact the program via email at
humanservices@rentonwa.gov or by phone at 425-430-6650.
AGENDA ITEM #6. a)
July 18, 2022 REGULAR COUNCIL MEETING MINUTES
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of July 11, 2022. Council Concur.
b) AB - 3162 City Clerk submitted the 2021 Joint Legislative Audit and Review Committee Public
Records Request report. The report summarizes the City's responsiveness to public records
requests for the period January 1, 2021 to December 31, 2021. None; Information Only.
c) AB - 3163 Parks & Recreation Department submitted a Photo Shoot fee waiver from All is
Well Studios, and recommended approval to waive the $1,200 fee for a commercial film shoot
occurring on behalf of the Washington State Department of Health on July 15, 2022. Refer to
Finance Committee.
d) AB - 3164 Public Works Utility Systems Division submitted CAG-20-332, Renton Airport Private
Lift Station Replacement project, contractor Nordvind Company, and requested acceptance of
the project and authorization to release the retainage bond after 60 days once all required
releases from the State have been obtained. Council Concur.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Transportation Committee Chair Văn presented a report concurring in the staff recommendation
to adopt the resolution to authorize the temporary total closure of Bronson Way South between
North Riverside Drive and Mill Avenue South for up to forty-two (42) calendar days, between July
25 and December 31, 2022, to construct the Bronson Way Bridge – Seismic Retrofit and Painting
Project.
MOVED BY VǍN, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
b) Transportation Committee Chair Văn presented a report concurring in the staff recommendation
to approve the professional services agreement with Perteet, Inc. to provide construction
management services totaling $3,442,794.80 for the Rainier Avenue S Corridor Improvements –
Phase 4 Project.
MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
LEGISLATION
Resolutions:
a) Resolution No. 4473: A resolution was read amending the 2021/2022 City of Renton Fee
Schedule.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
AGENDA ITEM #6. a)
July 18, 2022 REGULAR COUNCIL MEETING MINUTES
b) Resolution No. 4474: A resolution was read authorizing the temporary full street closure of
Bronson Way South between North Riverside Drive and Mill Avenue South for the Bronson
Way Bridge – Seismic Retrofit and Painting Project.
MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
c) Resolution No. 4475: A resolution was read amending Council Policies and Procedures 800-03
& 800-06.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
Ordinances for second and final reading:
d) Ordinance No. 6073: An ordinance was read amending the City of Renton Fiscal Years
2021/2022 Biennial Budget as adopted by Ordinance No. 5991 and amended by Ordinance
Nos. 6017, 6021, 6030, and 6062, by increasing the budgeted revenues and expenditures by
$20,280,868 and $25,778,223 respectively, and establishing an effective date.
MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
e) Ordinance No. 6074: An ordinance was read amending Sections 4-6-030 and 4-6-100 of the
Renton Municipal Code, adopting requirements to apply source control Best Management
Practices for pollutant-generating sites, authorizing corrections, providing for severability, and
establishing an effective date.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED.
TIME: 7:12 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
18 Jul 2022
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
July 18, 2022
July 25, 2022
Monday
Council Holiday – No Meetings
August 1, 2022
Monday
CANCELED Utilities Committee, Chair Alberson
CANCELED Community Services Committee, Chair Rivera
CANCELED Transportation Committee, Chair Văn
CANCELED Committee of the Whole, Chair McIrvin
7:00 PM Council Meeting
Location: Council Chambers/Videoconference
AGENDA ITEM #6. a)
AB - 3169
City Council Regular Meeting - 01 Aug 2022
SUBJECT/TITLE: Confirm Maryjane Ortiz Van Cleave as Administrator of Equity,
Housing & Human Services Department (EHHS), and transfer
Neighborhood Program from Executive to EHHS Department
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Human Resources / Risk Management Department
STAFF CONTACT: Ellen Bradley-Mak, Administrator
EXT.: 7657
FISCAL IMPACT SUMMARY:
n/a
SUMMARY OF ACTION:
1. Maryjane Ortiz Van Cleave has been with the City of Renton since 2014. During that time she has steadily
progressed in her roles and responsibilities in the (former) Community Services and Executive Departments;
she was promoted to Director of Recreation and Neighborhoods in 2016, and has been Director of
Communications and Engagement since September 2021. Maryjane has a strong understanding and
knowledge of the city’s operations and policies, and has leveraged them to support the city’s business plan in
making Renton a welcoming and inclusive environment. Under her supervision and direction, she has many
accomplishments to her credit, including:
• Collaborated in the sheltering needs for Center of Hope during COVID
• Facilitated and championed the Bezos Preschool Academy, resulting in a 15 -year lease and partnership
• Overhauled $6.3 million dollar Recreation budget for fiscal years 2021/2022
• Obtained and launched several critical software programs
• Secured the first BSK grant and partnerships with the school district and several partners to overhaul
Highland’s afterschool program, now known as STREAM
• Secured the AARP Age Friendly designation and launched its citywide initiative
• Coordinated COVID-19 Mobile Vaccination Units for the City of Renton & Skyway community with Renton
Regional Fire Authority, Seattle Fire, and Seattle King Co. Public Health, and
• Executed the first strategic plan and revised cost recovery plan for the Recreation & Neighborhoods
Program.
As Administrator of the EHHS Department, Maryjane will bring a unique background and years of experience
designing and managing many types of community, recreation and engagement programs that have improved
and enriched the lives of Renton's residents.
2. The Neighborhood Program currently serves 100+ recognized neighborhoods that consist only of those
who own or rent within recognized Neighborhoods. According to the Renton Housing Action Plan: Needs
Assessment, Renton has a generally even distribution of homeowners a nd renters in the community overall,
with 52% of households owning their own home. By transferring the Neighborhood Program from the
Executive to the Equity, Housing and Human Services (EHHS) Department, the city can effectively expand the
AGENDA ITEM #6. b)
Program to serve and support residents who rent or do not live in a recognized Neighborhood, as well as
continuing to support Neighborhood homeowners. The knowledge and resources within the EHHS
department, including the new Community Engagement Coordinator and the use of an equity lens analysis,
will result in expanding the Neighborhood Program’s benefits and resources to enrich and benefit all residents
of the City.
EXHIBITS:
A. Proposed organizational charts for EHHS, and the Executive Department's "Communic ations and
Engagement" division
STAFF RECOMMENDATION:
1) Approve the appointment of Maryjane Ortiz Van Cleave as Administrator of the EHHS Department, at salary
step A of grade m49, effective August 1, 2022; and 2) Approve the transfer of the Neighborhood Program and
its budget and staff from the Executive to the EHHS Department, effective August 1, 2022.
AGENDA ITEM #6. b)
AdministratorAdministrator
Community Development
& Housing
Community Development
& Housing
Community Development
& Housing
Human ServicesHuman ServicesHuman Services
Community Outreach Community Outreach
Equity, Housing & Human Services
Department
Neighborhood ProgramsNeighborhood Programs
AGENDA ITEM #6. b)
Executive Services
Department
Communications & Engagement
Communications &
Engagement Director
Communications &
Engagement Director
Communications &
Engagement Director
Neighborhood Program Neighborhood Program Print & Mail ServicesPrint & Mail ServicesCommunications Communications AGENDA ITEM #6. b)
AB - 3167
City Council Regular Meeting - 01 Aug 2022
SUBJECT/TITLE: Agreement with Washington State Department of Commerce for the
Connecting Housing to Infrastructure Program (CHIP) using State
Capital Funds for the Watershed Apartments Project
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Katie Nolan, Water Utility Engineer
EXT.: 7335
FISCAL IMPACT SUMMARY:
The city has been awarded a grant from the Department of Commerce through the Connecting Housing to
Infrastructure in the amount of $316,020.00.
With Resolution No. 4458, Renton City Council approved a 100% waiver of the water, surface water, and
wastewater SDCs, for up to 100 units, for the Watershed Apartments Affordable Housing development. CHIP
grant funding will reimburse the Water Utility $175,950, Wastewater Utility $120,750, and the Surface Water
Utility $19,320 for the waived utility SDCs.
SUMMARY OF ACTION:
To assist with the development of affordable housing, the Utility Systems Division has been awarded $316,020
in grant funding from the Department of Commerce through the Connecting Housing to Infrastructure (CHIP)
grant Program. The grant funding will be u sed for reimbursement of waived utility system development
charges (SDCs) to support the Watershed Apartments affordable housing project construction. No match is
required.
Through the City of Renton’s Affordable Rental Housing Waived Fees Incentive (RM C 4-1-210C), Renton City
Council approved waiving 100% of the water, surface water, and wastewater SDCs for the Watershed
Apartments Project. Grant funding will reimburse these waived fees, for up to 100 units per RMC 4 -1-210C.
Funding for the CHIP grant program’s reimbursement of the waived SDCs comes from state funding under the
State Building Construction Account.
EXHIBITS:
A. Grant Award Letter
B. Grant Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the grant agreement with the Department of Commerce for the
Connecting Housing to Infrastructure Program (CHIP) using State Capital Funds for the Watershed Apartments
Project.
AGENDA ITEM #6. c)
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000
www.commerce.wa.gov
April 26, 2022
City of Renton
1055 South Grady Way
Renton, WA 98057
Delivered via Email to Katie Nolan: knolan@rentonwa.gov
RE: Connecting Housing to Infrastructure (CHIP) Grant
Dear CHIP recipient:
I am pleased to inform you that the City of Renton has been awarded $316,020 in grant funds from the
Connecting Housing to Infrastructure (CHIP) grant program for the Watershed Apartments project. The
2021 Legislature created this grant program to facilitate the development of affordable housing construction.
Funding for this program is provided from two accounts:
For waived system development charges, funds are from the State Building Construction Account,
and your grant will be governed by state building construction account rules. Projects funded with
State Building Construction Account funds (state) may only be used to cover eligible costs incurred
during the period of May 18, 2021, thru June 30, 2023, subject to re-appropriation by the Legislature.
If re-appropriated, the project must be completed and invoiced by June 30, 2025.
For infrastructure improvements, funds are from the state’s allocation of Coronavirus State and
Local Fiscal Recovery Funds (SLFRF) from the federal American Rescue Plan Act (ARPA) stimulus
funding provided by the U.S. Department of the Treasury (US Treasury).19 Your grant is a sub-
award of the state’s allocation for the SLFRF funds it received directly from the U.S. Treasury. All
grants must adhere to any and all compliance and reporting requirements for the use and expenditure
of SLFRF funds.20 Projects funded with Coronavirus State and Local Fiscal Recovery Funds
(federal) may only be used to cover eligible costs incurred during the period of March 3, 2021, thru
December 31, 2026, subject to re-appropriation by the Legislature, and must be obligated by
December 30, 2024.
This grant will be administered by the Washington Department of Commerce, Growth Management Services
(GMS) unit. Before we disburse the funds, a contract with an agreed upon scope of work and budget will
need to be executed between your organization and the Department of Commerce.
19 The federal funds are available under Section 602 Coronavirus State Fiscal Recovery Funds of Title VI of the Social
Security Act, as added by ARPA of 2021, Title IX, Subtitle M, Section 9901. The unique 5-digit federal assistance number
assigned to the SLFRF funds on SAM.gov is Assistance Listing Number (ALN) 21.027, formerly known as a CFDA
number.
20 Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds dated November 5, 2021
AGENDA ITEM #6. c)
All pre-contracting requirements must be met prior to executing a contract and before drawing down any
grant funds. If not already provided, these may include:
Proof of site control.
Commitment of other funds, and a project schedule showing affordable housing development be
able to begin construction within 24 months of the grant award.
Documentation of a program that will monitor affordability of units for a minimum of 25 years
or securitization (covenant and/or note and deed of trust for affordable housing units) if no other
partner.
For awards for system development charges, documentation of waived charges/fees or a letter of
commitment that the fees will be waived and the timeframe for such waiver.
For requests for utility improvement funding, documentation of state commercial prevailing
wages on the utility portion of the affordable housing project. Also, for the purposes of utility
contracts, you may subcontract, provided that a competitive process is used, and all contract
requirements flow down to the subcontractor.
Documentation of consultation with Department of Archeology and Historic Preservation
(DAHP) and affected tribes is completed or in process, consistent with GEO 21-02. With this
letter, Commerce delegates consultation authority to the grantee. Please complete the EZ-1 form
and submit to DAHP, and ensure Commerce is included in subsequent communications.
Risk assessment survey, if requested.
Proof of insurance coverage, if requested by Commerce.
Any documents needed to respond to new federal guidance.
Once all pre-contracting requirements have been met, a contract will be prepared and sent to you for
signature. The authorized representative will need to sign the contract and then return a scanned pdf copy to
the Commerce project manager. Then the project manager will route the contract for Commerce’s signature.
It generally takes two to four weeks to fully execute a contract. Once executed by Commerce, a fully
executed copy will be scanned and a pdf copy emailed to the jurisdiction and you will have access to the
funds. This is a reimbursement-style grant, meaning no advance payments under any circumstances,
reimbursable costs are those that you or a subcontractor have already incurred.
Eric Guida from our GMS housing programs will be in touch with you to develop the contract(s) and answer
any questions you may have. His email is eric.guida@commerce.wa.gov, and his phone number is
360.725.3044.
Sincerely,
Dave Andersen, AICP
Managing Director
Growth Management Services
cc: Eric Guida, Senior Planner, Growth Management Services
Anne Fritzel, AICP, Housing Programs Manager, Growth Management Services
AGENDA ITEM #6. c)
Capital Agreement with
City of Renton
through
Connecting Housing to Infrastructure Program (CHIP)
using State Capital Funds
Purpose:
To support the construction of affordable housing by reimbursing the
City for waived system development charges for the Watershed
Apartments project.
Start date: May 18, 2021
AGENDA ITEM #6. c)
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AGENDA ITEM #6. c)
TABLE OF CONTENTS
i
Face Sheet ..................................................................................................................... 1
Special Terms and Conditions ........................................................................................ 2
1. Contract Management ............................................................................. 2
2. Compensation .......................................................................................... 2
3. Billing Procedures and Payment .............................................................. 2
4. Subcontractor Data Collection.................................................................. 3
5. Historical or Cultural Artifacts ................................................................... 3
6. Insurance ................................................................................................. 3
7. Order of Precedence ................................................................................ 4
General Terms and Conditions ....................................................................................... 5
1. Definitions ................................................................................................ 5
2. Allowable Costs ....................................................................................... 5
3. All Writings Contained Herein .................................................................. 5
4. Amendments ............................................................................................ 5
5. Americans with Disabilities Act (ADA) ...................................................... 5
6. Approval .................................................................................................. 5
7. Assignment .............................................................................................. 5
8. Attorney’s Fees ........................................................................................ 5
9. Code Requirements ................................................................................. 6
10. Confidentiality/Safeguarding of Information .............................................. 6
11. Conformance ........................................................................................... 7
12. Conflict of Interest .................................................................................... 7
13. Copyright ................................................................................................. 7
14. Disallowed Costs ..................................................................................... 8
15. Disputes ................................................................................................... 8
16. Duplicate Payment ................................................................................... 8
17. Governing Law and Venue ....................................................................... 8
18. Indemnification ......................................................................................... 8
19. Independent Capacity of the Contractor ................................................... 9
20. Industrial Insurance Coverage ................................................................. 9
21. Laws ........................................................................................................ 9
22. Licensing, Accreditation and Registration .............................................. 10
23. Limitation of Authority ............................................................................ 10
24. Local Public Transportation Coordination ............................................... 10
25. Noncompliance With Nondiscrimination Laws ........................................ 10
26. Pay Equity.............................................................................................. 10
27. Political Activities ................................................................................... 10
28. Prevailing Wage Law ............................................................................. 10
29. Prohibition Against Payment of Bonus or Commission ........................... 10
30. Publicity ................................................................................................. 10
31. Recapture .............................................................................................. 11
32. Records Maintenance ............................................................................ 11
33. Registration With Department of Revenue ............................................. 11
34. Right of Inspection ................................................................................. 11
AGENDA ITEM #6. c)
ii
1. Savings .................................................................................................. 11
2. Severability ............................................................................................ 11
3. Subcontracting ....................................................................................... 11
4. Survival .................................................................................................. 12
5. Taxes ..................................................................................................... 12
6. Termination for Cause ........................................................................... 12
7. Termination for Convenience ................................................................. 12
8. Termination Procedures ......................................................................... 12
9. Treatment of Assets ............................................................................... 13
10. Waiver ................................................................................................... 13
Attachment A, Scope of Work
Attachment B, Budget
AGENDA ITEM #6. c)
FACE SHEET
1
Contract Number: 22-96720-017
Washington State Department of Commerce
Local Government Division, Growth Management Unit
Connecting Housing to Infrastructure Program (CHIP)
1. Contractor 2. Contractor Project
City of Renton
1055 South Grady Way
Renton, WA 98057
Watershed Apartments
615 Williams Avenue South
Renton, WA 98057
3. Contractor Representative 4. COMMERCE Representative
Katie Nolan
Water Utility Engineer
(425)757-7719
Renton, WA 98057
Eric Guida
Senior Planner
(360)725-3044
eric.guida@commerce.wa.gov
PO Box 42525
1011 Plum St SE
Olympia, WA 98504-2525
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$316,020 Federal: State: Other: N/A: May 18, 2021 June 30, 2023, subject to
re-appropriation
through June 30, 2025
9. Federal Funds (as applicable)
NA
10. Federal Agency
NA
CFDA Number:
NA
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
0012200-11 177-000-094 92278894
14. Contract Purpose
To support the construction of affordable housing by reimbursing the City for waived system development charges for the
Watershed Apartments project.
COMMERCE, defined as the Department of Commerce and Contractor acknowledge and accept the terms of this Contract and
attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and
obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference:
Contractor Terms and Conditions including Attachment “A” – Scope of Work, and Attachment “B” – Budget.
FOR CONTRACTOR FOR COMMERCE
Armando Pavone, Mayor
Date
Mark Barkley, Assistant Director, Local Government Division
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
Last revision 10/13/2020
AGENDA ITEM #6. c)
SPECIAL TERMS AND CONDITIONS
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1. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed three-hundred-sixteen thousand twenty dollars
($316,020) for the performance of all things necessary for or incidental to the performance of work as
set forth in the Scope of Work. Contractor's compensation for services rendered shall be based on the
following rates or in accordance with the following terms:
3. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE [not more often
than monthly.]
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Contract Number 22-
96720-017. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must
accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition
of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The grantee must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end date.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
NOTE: Optional Provision - COMMERCE shall withhold 10 percent from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
AGENDA ITEM #6. c)
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4. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of
Grant funds expended for work performed by subcontractors, including but not necessarily limited to
minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall
mean subcontractors of any tier.
5. HISTORICAL OR CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall
complete the requirements of Governor’s Executive Order 05-05, where applicable, or Contractor shall
complete a review under Section 106 of the National Historic Preservation Act, if applicable. Contractor
agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations,
and agreements related to the preservation of historical or cultural resources and agrees to hold
harmless COMMERCE and the state of Washington in relation to any claim related to such historical
or cultural resources s discovered, disturbed, or damaged as a result of the project funded by this
Contract.
In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor’s
Executive Order 05-05, coordinate with Commerce and the Washington State Department of
Archaeology and Historic Preservation (“DAHP”), including any recommended consultation with any
affected tribe(s), during Project design and prior to construction to determine the existence of any tribal
cultural resources affected by Project. Contractor agrees to avoid, minimize, or mitigate impacts to the
cultural resource as a continuing prerequisite to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the Contractor shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at DAHP, and the Commerce
Representative identified on the Face Sheet. If human remains are uncovered, the Contractor shall
report the presence and location of the remains to the coroner and local enforcement immediately, then
contact DAHP and the concerned tribe's cultural staff or committee.
The Contractor shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources;
RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48
regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute
for completion of Governor’s Executive Order 05-05.
In the event that the Contractor finds it necessary to amend the Scope of Work the Contractor may be
required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic
Preservation Act.
6. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
AGENDA ITEM #6. c)
SPECIAL TERMS AND CONDITIONS
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7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A – Scope of Work
• Attachment B – Budget
• add any other attachments incorporated by reference on the Face Sheet
AGENDA ITEM #6. c)
GENERAL TERMS AND CONDITIONS
CAPITAL
STATE FUNDS
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1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to
act on the Director’s behalf.
B. “COMMERCE” shall mean the Department of Commerce.
C. “Contract” or “Agreement” means the entire written agreement between COMMERCE and the
Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail or
Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. ”State” shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
“subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to the
maximum amount stated on the Contract Award or Amendment Face Sheet.
3. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
4. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as
the “ADA” 28 CFR Part 35
The Contractor 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 telecommunications.
6. APPROVAL
This contract shall be subject to the written approval of COMMERCE’s Authorized Representative and
shall not be binding until so approved. The contract may be altered, amended, or waived only by a
written amendment executed by both parties.
7. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the
Contractor without prior written consent of COMMERCE.
8. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other
action brought to enforce Contract terms, each party agrees to bear its own attorneys’ fees and costs.
AGENDA ITEM #6. c)
GENERAL TERMS AND CONDITIONS
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9. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the
Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local
building Department.
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by
COMMERCE;
ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE;
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law. “Personal information” includes but is not limited to information related to
a person’s name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver’s license number and other
identifying numbers, and “Protected Health Information” under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
11. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
12. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMERCE
may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found
after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service
Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the
procurement of, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on the (YOUR PROGRAM
NAME) including but not limited to formulating or drafting the legislation, participating in grant
procurement planning and execution, awarding grants, and monitoring grants, during the 24 month
period preceding the start date of this Grant. Identify the individual by name, the agency previously or
currently employed by, job title or position held, and separation date. If it is determined by COMMERCE
AGENDA ITEM #6. c)
GENERAL TERMS AND CONDITIONS
CAPITAL
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7
that a conflict of interest exists, the CONTRACTOR may be disqualified from further consideration for
the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the
same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract
by the CONTRACTOR. The rights and remedies of COMMERCE provided for in this clause shall not
be exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
be reviewed as provided in the “Disputes” clause of this contract.
13. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered “works for hire”
under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in
all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and
represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract. The
Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE
shall have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor.
14. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
15. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the Contractor's name, address, and Contract number; and
• be mailed to the Director and the other party’s (respondent’s) Contract Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Director or the
Director’s designee and the requestor within five (5) working days.
AGENDA ITEM #6. c)
GENERAL TERMS AND CONDITIONS
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The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Contract shall be construed to limit the parties’ choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
16. DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work to
be charged against any other contract, subcontract, or other source.
17. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
18. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the
state, for, from and against all claims for injuries or death arising out of or resulting from the performance
of the contract. “Claim” as used in this contract, means any financial loss, claim, suit, action, damage,
or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease,
or death, or injury to or the destruction of tangible property including loss of use resulting therefrom.
The Contractor’s obligation to indemnify, defend, and hold harmless includes any claim by Contractor’s
agents, employees, representatives, or any subcontractor or its employees.
The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to the Contractor’s or any subcontractor’s performance or failure to perform the
contract. Contractor’s obligation to indemnify, defend, and hold harmless the State shall not be
eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies,
employees and officials.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
19. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents of
the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an
officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee
under law. Conduct and control of the work will be solely with the Contractor.
20. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
of its employees as may be required by law, COMMERCE may collect from the Contractor the full
amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed
by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE
under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I)
Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the
Contractor.
AGENDA ITEM #6. c)
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21. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of
local, state, and federal governments, as now or hereafter amended.
22. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
23. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify,
or waive any clause or condition of this Contract.
24. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
25. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor’s non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded,
canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further
contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure
set forth herein.
The funds provided under this contract may not be used to fund religious worship, exercise, or
instruction. No person shall be required to participate in any religious worship, exercise, or instruction
in order to have access to the facilities funded by this grant.
26. PAY EQUITY
The Contractor agrees to ensure that “similarly employed” individuals in its workforce are compensated
as equals, consistent with the following:
a. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. Contractor may allow differentials in compensation for its workers if the differentials are based
in good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels.
(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the
entire differential.
This Contract may be terminated by the Department, if the Department or the Department of Enterprise
services determines that the Contractor is not in compliance with this provision.
AGENDA ITEM #6. c)
GENERAL TERMS AND CONDITIONS
CAPITAL
STATE FUNDS
10
27. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any
person for public office.
28. PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project
funded by this contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing
Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The Contractor shall maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records
available for COMMERCE’s review upon request.
29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for
the purpose of obtaining approval of the application for such funds or any other approval or concurrence
under this Contract 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.
30. PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE’s name is mentioned, or language used from which the connection with
the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
31. RECAPTURE
In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws,
and/or the provisions of this contract, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this contract.
32. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
Contractor shall retain such records for a period of six years following the date of final payment. At no
additional cost, these records, including materials generated under the contract, shall be subject at all
reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
33. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of
Revenue.
AGENDA ITEM #6. c)
GENERAL TERMS AND CONDITIONS
CAPITAL
STATE FUNDS
11
34. RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor’s performance under this Contract shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the State
Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Contract. The Contractor shall provide
access to its facilities for this purpose.
35. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten business day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
36. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
37. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they
relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity;
or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor’s duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor’s performance of the subcontract.
38. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall
so survive.
39. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor’s
income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be
the sole responsibility of the Contractor.
40. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
AGENDA ITEM #6. c)
GENERAL TERMS AND CONDITIONS
CAPITAL
STATE FUNDS
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In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of
the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition
to any other rights and remedies, provided by law.
41. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this
Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of
this Contract for services rendered or goods delivered prior to the effective date of termination.
42. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,
may require the Contractor to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the contract had been completed, would have
been required to be furnished to COMMERCE;
AGENDA ITEM #6. c)
GENERAL TERMS AND CONDITIONS
CAPITAL
STATE FUNDS
13
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Contractor and in which COMMERCE has or may acquire an interest.
43. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or (ii) commencement of use of such property in the performance of this
contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor’s employees, agents
or Subcontractors.
44. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
AGENDA ITEM #6. c)
14
Attachment A
Scope of Work
Reimburse waived water, sewer, and stormwater system development charges for the
Watershed Apartments affordable housing project that serves and benefits low-income
households.
Based on the criteria within the state capital budget, SSB 1080 Sec 1074, (Laws of 2021), and
criteria developed by Commerce to ensure the terms of the appropriation are met, all grants must
meet the following criteria:
• Applicant must be a city, county or public utility district, applying in coordination with
the developer of a multi-unit affordable housing project, located within a jurisdiction that
imposed a sales and use tax under RCW 82.14.530(1)(a)(ii), 82.14.530(1)(b)(i)(B),
82.14.540, or 84.52.105.
• For system development charge waiver reimbursement, jurisdictions must have an
adopted fee waiver program, and documentation that the fees have been waived for the
affordable housing units by each provider for water, sewer, and stormwater, in
accordance with the budget.
• The utility project must serve new multi-unit affordable 1 housing projects that serve and
benefit low-income households.2 If the project is a mixed-income project, the affordable
portion of the development must be at least 25%. CHIP funds can pay for the system
development charges for the affordable units.
• The affordable housing project should be part of a program that will monitor affordability
for a minimum of 25 years, such as the Housing Trust Fund, low-income housing tax
credits, housing authority, or a city monitoring process. A covenant and/or note and deed
of trust may be required as part of securitization to ensure affordability.
1 “Affordable housing" has the same meaning as in RCW 43.185A.010, and means residential housing for rental
occupancy which, as long as the same is occupied by low-income households, requires payment of monthly housing
costs, including utilities other than telephone, of no more than thirty percent of the family's income. In the context of
homeownership, the definition from the Housing Trust Fund Handbook applies (Section 701.7): “affordability
occurs when a household’s monthly housing costs are generally no more than 38 percent of monthly household
income and total debt is no more than 45 percent of monthly household income. Housing costs include mortgage
principal, interest, property taxes, homeowner insurance, homeowner association fees, and land lease fees, as
applicable. Total debt includes other debt and utilities.”
2 "Low-income household" has the same definition as in RCW 43.185.010(6), and means a single person, family or
unrelated persons living together whose adjusted income is less than eighty percent of the median family income,
adjusted for household size, for the county where the project is located.
AGENDA ITEM #6. c)
15
Attachment B
Budget
Waived System Development Charges for
Water
City of Renton $175,950
Waived System Development Charges for
Sewer
City of Renton $120,750
Waived System Development Charges for
Stormwater
City of Renton $19,320
Total Waived System Development Charges $316,020
AGENDA ITEM #6. c)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, EXTENDING BY SIX
MONTHS THE MORATORIUM ON LAND USE, BUILDING PERMIT, AND BUSINESS
LICENSE APPLICATIONS FOR WAREHOUSING AND DISTRIBUTION; SETTING
FORTH FINDINGS OF FACT IN SUPPORT OF SAID SIX‐MONTH EXTENSION;
PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND
ESTABLISHING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, on February 14, 2022, the City Council adopted Ordinance No. 6057 declaring
a moratorium on land use, building permit, and business license applications for warehousing
and distribution facilities; and
WHEREAS, the City Council held a public hearing on April 11, 2022, to accept public
testimony regarding the moratorium declared by Ordinance No. 6057; and
WHEREAS, the City’s Community and Economic Development Department (CED) is
undertaking a work program to propose amendments to Title IV of the Renton Municipal Code
(RMC) regarding the Warehousing and Distribution land use and the impact fee amount for that
land use; and
WHEREAS, the City seeks adequate time to complete said work program; and
WHEREAS, the City Council has determined that there is a need to extend by six months
the moratorium on accepting any land use application, building permit application, or business
license application for warehousing and distribution facilities; and
WHEREAS, the City Council held a public hearing on August 1, 2022 to consider a six‐
month extension of the moratorium declared by Ordinance No. 6057;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
2
SECTION I. The recitals adopted as findings of fact in Ordinance No. 6057 in support of
the moratorium on land use, building permit, and business license applications for warehousing
and distribution facilities are hereby incorporated by this reference.
SECTION II. The recitals incorporated by reference in SECTION I of this ordinance and the
above recitals are adopted as findings of fact in support of the six‐month extension of the
moratorium pursuant to RCW 35A.63.220 and RCW 36.70A.390 and are found to be true and
correct in all respects.
SECTION III. A public hearing was held on August 1, 2022.
SECTION IV. The City Council hereby extends by six months the moratorium upon the
submission or acceptance of any land use application, building permit application, or business
license application for Warehousing and Distribution.
SECTION V. The moratorium extended herein shall be in effect until February 1, 2023,
unless ended earlier by subsequent City Council action.
SECTION VI. 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.
SECTION VII. The City Council declares an emergency for the protection of the public
welfare and to enable the purpose and intent of this ordinance to be accomplished. This
ordinance shall take effect immediately when passed by the City Council. The City Clerk shall
cause to be published a summary of this ordinance in the City’s official newspaper. The summary
shall consist of this ordinance’s title.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
3
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD – CED:2228:6/29/22
AGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON; AMENDING
SUBSECTIONS 4‐2‐110.A, 4‐2‐110.E.6, AND 4‐2‐110.E.32; SECTION 4‐4‐130;
SUBSECTIONS 4‐8‐120.D.1 AND 4‐8‐120.D.20; SECTION 4‐9‐195; AND
DEFINITIONS IN SECTIONS 4‐11‐040, 4‐11‐120, AND 4‐11‐200; REVISING TREE
RETENTION AND LAND CLEARING REGULATIONS IN THE RENTON MUNICIPAL
CODE; AUTHORIZING CORRECTIONS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Renton (“City”) recognizes that trees are valued natural resources;
and
WHEREAS, current development regulations pertaining to tree retention and land
clearing do not provide sufficient protections for tree preservation; and
WHEREAS, the City seeks to revise standards for tree retention and land clearing
regulations; and
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 December 13, 2021, 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 January 19, 2022,
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:
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
2
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Subsection 4‐2‐110.A of the Renton Municipal Code is amended as shown
in Attachment A.
SECTION III. Subsections 4‐2‐110.E.6 and 4‐2‐110.E.32 of the Renton Municipal Code
are amended as shown below. All other provisions in 4‐2‐110.E remain in effect and unchanged.
6. Reserved. Within subdivisions, the minimum front yard and secondary
front yard setback may be reduced to no less than twenty feet (20') provided the
applicant can demonstrate to the Administrator’s satisfaction that the setback
reduction is necessary to preserve and maintain a landmark tree within a tree
protection tract, as each term is defined in RMC 4‐11‐200, Definitions T. An
arborist report, pursuant to RMC 4‐8‐120.D.1, shall be prepared and provided to
the City for review and concurrence, demonstrating that the setback reduction
and project proposal serves to preserve the critical root zone of the tree within a
tree protection tract.
32. Reserved. In order ensure compliance with Tier 1 requirements for
Tree Preservation Priority, pursuant to RMC 4‐4‐130.H.2.a, lot size and lot
dimensions of the zone may be decreased by a maximum of ten percent (10%),
provided the applicant can demonstrate to the Administrator’s satisfaction that
the reduction is necessary to ensure the preservation of all significant trees, as
defined in RMC 4‐11‐200, required for retention within dedicated tract(s),
pursuant to RMC 4‐4‐130.H.1.a, Minimum Tree Retention Requirements.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
3
SECTION IV. Section 4‐4‐130 of the Renton Municipal Code is amended as follows:
4‐4‐130 TREE RETENTION AND LAND CLEARING REGULATIONS:
A. PURPOSE:
This Section provides regulations for the clearing of land and the protection
and preservation of trees, shrubs, and ground cover plants. The purposes of these
regulations are to:
1. Preserve and enhance the City’s physical and aesthetic character by
minimizing indiscriminate removal or destruction of trees, shrubs, and ground
cover;
2. Implement and further the goals and policies of the City’s
Comprehensive Plan for the environment, open space, wildlife habitat,
vegetation, resources, surface drainage, watersheds, and economics;
3. Promote land development practices that result in minimal adverse
disturbance to existing vegetation and soils within the City while at the same time
recognizing that certain factors such as condition (e.g., disease, danger of falling,
etc.), proximity to existing and proposed structures and improvements,
interference with utility services, protection of scenic views, and the realization of
a reasonable enjoyment of property may require the removal of certain trees and
ground cover;
4. Minimize surface water and groundwater runoff and diversion, and aid
in the stabilization of soil, and minimize erosion and sedimentation, and minimize
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
4
the need for additional storm drainage facilities caused by the destabilization of
soils;
5. Retain clusters of trees for the abatement of noise and for wind
protection, and reduce air pollution by producing pure oxygen from carbon
dioxide;
6. Protect trees during construction activities from damage to tree roots,
trunks, and branches; and
7. Recognize that trees increase real estate values.
B. APPLICABILITY:
The regulations of this Section apply to any developed lot, and property where
land development or routine vegetation management activities are undertaken or
planned.
C. ALLOWED TREE REMOVAL ACTIVITIES:
Tree removal, vegetation management, and associated use of mechanical
equipment is permitted as follows, without the requirement of a routine
vegetation management permit, except as provided in subsection D.3 of this
Section, Restrictions for Critical Areas – General, and in RMC 4‐3‐110E5, 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
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
5
danger to life or property, substantial fire hazards, or interruption of services
provided by a utility.
2. Dangerous High‐Risk Trees: Removal of a dangerous high‐risk tree, as
defined in RMC 4‐11‐200, Definitions T, that has been certified as such by an
arborist with an International Society of Arboriculture (ISA) Tree Risk Assessment
Qualification (TRAQ), provided the removal is limited to three (3) high‐risk trees
within a one (1)‐year period and no landmark trees are proposed for removal. A
routine vegetation management Permit is required for the removal of more than
three (3) high‐risk trees within a one (1)‐year period and for the removal of high‐
risk landmark trees. 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: Removal of
vegetation necessary for the Iinstallation of distribution lines by public and private
utilities not including any significant tree removal; provided, that such activities
are categorically exempt from the provisions of the State Environmental Policy Act
and RMC 4‐9‐070, Environmental Review Procedures.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
6
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 C.12 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:
a. No tree removal shall occur as part of the Iinvestigative work. Tree
alteration shall be limited to the removal of fallen tree debris and minor tree
pruning, with supervision by an ISA certified arborist or American Society of
Consulting Arborists (ASCA) certified consultant. 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.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
7
b. With the exception of the removal of non‐native invasive ground
cover or weeds listed by King County Noxious Weed Control Board or other
government agency, no vegetation or ground cover removal shall occur as part of
the investigative work. Vegetation or ground cover alteration shall be limited to
the removal of vegetation debris and pruning of shrubs and ground cover, with
supervision by an ISA certified arborist or ASCA certified consultant. In every
location where site investigative work is conducted, disturbed areas shall be
minimized, and immediately restored with native ground cover.
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
Administrator.
9. Minor Tree Removal Activities: Removal of up to two (2) significant
trees within a one (1) year period, but no more than five (5) significant trees within
a five (5)‐year period, provided the removal is conducted in accordance with the
following requirements:
a. There is no active land development permit, as defined in RMC 4‐11‐
120, Definitions L, or submitted application for said permit, for the subject site;
b. The tree proposed for removal is not a protected tree or a landmark
tree, as defined in RMC 4‐11‐200, Definitions T;
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
8
c. The tree proposed for removal is not located within ten feet (10’) of
a surface parking lot with ten (10) or more parking spaces;
d. The tree proposed for removal is not one of the only two (2)
significant trees remaining on the lot, unless identified as a high‐risk tree,
consistent with subsection C.2 of this Section; and
e. In conducting minor tree removal activities, rights‐of‐ways shall
remain unobstructed unless a right‐of‐way use permit is obtained.
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
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
9
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
*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;
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.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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Type of Residential
Development
Minimum Tree
Density
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 C.9 of this Section, Minor Tree Removal
Activities, and subsection D.3 of this Section, Restrictions for Critical Areas –
General, is permitted for purposes of landscaping or gardening; provided, that no
mechanical equipment is used.
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
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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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 Land Development Permit.
D. PROHIBITED ACTIVITIES:
1. Tree Cutting Removal 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 Land
Development Permit, as defined in RMC 4‐11‐120, Definitions L, has been
approved by the City for the subject site. for the City approved site.
2. Tree Cutting Removal or Vegetation Management without the
Required Routine Vegetation Management Permit:
a. Tree cutting removal in excess of the limits established in subsection
C.9 of this Section, Minor Tree Removal Activities, is prohibited unless a Rroutine
Vvegetation Mmanagement Permit or land development permit has been
granted.
b. Routine vegetation management on an undeveloped property
without a rRoutine Vvegetation Mmanagement Ppermit is prohibited.
c. Removal of a landmark tree, as defined in RMC 4‐11‐200, Definitions
T, is prohibited unless a routine vegetation management permit or land
development permit has been granted. Use of non‐exempt mechanical equipment
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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(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 4‐3‐050.C5 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, pursuant to RMC 4‐3‐050.B, Applicability; and
ii. Buffers associated with shorelines of the State, pursuant to
RMC 4‐3‐090, Shoreline Master Program Regulations. Allowed tree removal and
vegetation management activities within the Shoreline buffer can be found in
RMC 4‐3‐090.F.1.i, Vegetation Management.
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 4‐3‐050.G.3, Native Growth Protection Areas.
5. Tree Topping: Tree topping shall be prohibited unless the City has
approved the tree for removal.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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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.
E. REVIEW AUTHORITY:
1. Authority and Interpretation: The Community and Economic
Development Administrator is authorized and directed to interpret and enforce
all the provisions of this Section when no other permit or approval requires
Hearing Examiner review. The Administrator may require retention above the
minimum standards, to require phasing of tree retention plans, or to require any
other measures to meet the purpose of this Section.
2. Independent Secondary Review: The Administrator may require
independent review of any arborist report or tree retention/land clearing (tree
inventory) plan land use application that involves tree removal and land clearing
at the City’s discretion. An The independent secondary review would include an
evaluation by an independent qualified professional regarding the applicant’s or
arborist’s analysis on the effectiveness of any proposed removal, retention,
mitigation, or replacement measures, to and may include recommendations as
appropriate. This review shall be paid for by the applicant, and the City shall select
the third‐party review professional.
F. PERMITS REQUIRED:
1. Land Development Permit Required for Site Preparation: An approved
land development permit, as defined in RMC 4‐11‐120, Definitions L, is required
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
14
in order to conduct tree removal or land clearing on any site for the sake of
preparing that site for future development.
2. Routine Vegetation Management Permit Required for the Following
Activities:
a. Routine Vegetation Management on Undeveloped Properties: Any
person who performs routine vegetation management, as defined in RMC 4‐11‐
180, Definitions R, on undeveloped property in the City must obtain a Rroutine
Vvegetation Mmanagement Ppermit prior to performing such work.
b. Use of Mechanical Equipment: Except where mechanical
equipment is twenty seven (27) horsepower or less, any person who uses
mechanical equipment for routine vegetation management, land clearing, tree
removal, landscaping, or gardening must obtain a Routine Vegetation
Management Permit prior to performing such work.
cb. Tree Removal in Excess of Maximum Allowance: A rRoutine
Vvegetation Mmanagement Ppermit shall be required for tree cutting in greater
amounts than specified under subsection C.9 of this Section, Minor Tree Removal
Activities, where tree cutting is proposed without an associated land development
permit Land Development Permit. Any tree cutting activities shall be the minimum
necessary to accomplish the intended purpose, and shall be consistent with
subsection D.3 of this Section, Restrictions for Critical Areas – General. Trees
removed in excess of the maximum amount allowed under subsection C.9 of this
Section, Minor Tree Removal Activities, shall be subject to RMC 4‐4‐130.H.1.e,
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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Replacement Requirements, unless determined by the Administrator to be
unfeasible in the specific case.
dc. Removal of Landmark Tree: A land development permit Land
Development Permit or Rroutine Vvegetation Mmanagement Ppermit shall be
required for which explicitly approves the removal of a landmark tree, as defined
by RMC 4‐11‐200, Definitions T, from any property. Replacement trees are
required if the minimum tree density credit requirement for the subject property
is not maintained upon removal of the landmark tree pursuant to subsection H.1.b
of this Section. Removal of a landmark tree may be granted for situations where:
i. The tree is determined to be a dangerous high‐risk tree; or
ii. The tree is causing obvious physical damage to structures
including but not limited to buildings foundations(over two hundred (200) square
feet), driveways, or parking lots, or utilities, and it can be demonstrated to the
Administrator’s satisfaction that for which no reasonable alternatives to tree
removal exists, including tree root pruning, tree root barriers, tree cabling, or
preventive maintenance, such as cleaning leaf debris, deadwood removal, or
directional/clearance pruning; or. Routine maintenance of roofs that is required
due to leaf fall does not constitute obvious physical damage to structures; or
iii. Removal of tree(s) to provide solar access to buildings
incorporating active solar devices. Windows are solar devices only when they are
south‐facing and include special storage elements to distribute heat energy; or
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
16
iv. The Administrator determines the removal is necessary to
achieve a specific and articulable purpose or goal of this Title.
3. Conditional Use Permit Required for Timber Stand Thinning: While
timber harvesting shall not be permitted until such time as a valid land
development is approved, a request may be made for maintenance and thinning
of existing timber stands to promote the overall health and growth of the stand.
Permits allowing thinning beyond the limits allowed in subsection C.9 of this
Section, Minor Tree Removal Activities, shall be considered as a Cconditional Uuse
Ppermit by the Hearing Examiner according to the following criteria:
a. Appropriate approvals have been sought and obtained with the
Washington State Department of Natural Resources; and
b. The activity shall improve the health and growth of the stand and
maintain long‐term alternatives for preservation of trees; and
c. The activity shall meet the provisions of subsections H4H.5,
Applicability, Performance Standards and Alternates, and H5H.6, General Review
Criteria, of this Section; and
d. Thinning activities shall conform to the basal area density
recommendations of the Washington State Department of Natural Resources, but
shall not reduce the volume of tree canopy by more than forty percent (40%); and
e. A Ttree Rretention/Lland Cclearing (Ttree Iinventory) Pplan, as
defined in RMC 4‐8‐120.D.20, Definitions T, shall be required.
G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS:
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
17
Permits for routine vegetation management shall be processed consistent
with RMC 4‐9‐195, Routine Vegetation Management Permits.
H. PERFORMANCE STANDARDS FOR LAND DEVELOPMENT/BUILDING
PERMITS:
1. Protected Trees – Retention Required: Significant tTrees required to be
retained or planted pursuant to subsection H.1.a of this Section, Percentage of
Tree Retention Based on Zones, are considered “protected trees, as defined in
RMC 4‐11‐200, Definitions T.” Protected trees may contribute to each residential
lot’s required minimum tree density, but any trees that are in excess of an
individual lot’s minimum tree density shall not contribute to the total number of
trees that are required to be retained for the Land Development Permit. Protected
trees that do not contribute to a lot’s required minimum tree density shall be held
in perpetuity within a tree protection tract pursuant to subsection H2 of this
Section, Tree Protection Tract; protected trees on an individual lot are the
responsibility of the lot owner and may only be removed if in compliance with
subsection C of this Section, Allowed Tree Removal Activities. Significant
Protected trees shall be retained or planted as follows:
a. Percentage of Minimum Tree Retention Requirements Based on
Zones: Properties subject to an active land development permit Land
Development Permit or building permit shall retain the following percentages of
a minimum of thirty percent (30%) of all significant trees on‐site. based on the
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
18
property’s zone. Trees within critical areas and proposed public rights‐of‐way shall
not contribute to the number of significant trees required to be retained.
i. RC, R‐1, R‐4, R‐6 and R‐8 Zones: At least thirty percent (30%) of the
significant trees shall be retained in a residential or institutional development.
ii. R‐10, R‐14, RMF and RMH: At least twenty percent (20%) of the
significant trees shall be retained in a residential or institutional development.
iii. All Other Zones: At least ten percent (10%) of the significant trees
shall be considered protected and retained in commercial or industrial
developments.
iv. Utility Uses and Mineral Extraction Uses: Such operations shall
be exempt from the protected tree retention requirements of this Section if the
applicant can justify the exemption in writing to the Administrator’s satisfaction.
b. Tree Credit Requirements: With the exception of interior remodels
not involving any building addition, removal of trees, or alteration of impervious
areas, properties subject to an active land development permit shall comply with
all of the following minimum tree credit requirements, and apply the tree credit
value table at (H.1.b.v).
i. Tree credit requirements shall apply at a minimum rate of thirty
(30) credits per net acre.
ii. Either tree retention or a combination of tree retention and
supplemental tree planting (with new small, medium, or large tree species) shall
be provided to meet or exceed the minimum tree credits required for the site.
AGENDA ITEM # 8. b)
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19
iii. Supplemental tree planting shall consist of new small, medium,
or large species trees, as defined in RMC 4‐11‐200, Definitions T. The
supplemental trees shall be planted with a minimum size of two‐inch (2") caliper,
or evergreen trees with a minimum size of six feet (6') tall. The Administrator shall
have the authority to approve, deny, or restrict the tree species for proposed
supplemental trees.
iv. Within subdivisions, location of supplemental tree replanting
shall be prioritized within tree tract(s) versus individual lots.
v. Tree credit value for each tree, existing or new, is assigned as
shown in the following table:
TREE SIZE TREE CREDITS
New small species tree 0.25
New medium species tree 1
New large species tree 2
Preserved tree 6‐9 caliper inches 4
Preserved tree 10—12 caliper inches 5
Preserved tree 12—15 caliper inches 6
Preserved tree 16—18 caliper inches 7
Preserved tree 19—21 caliper inches 8
Preserved tree 22—24 caliper inches 9
Preserved tree 25—28 caliper inches 10
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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TREE SIZE TREE CREDITS
Preserved tree 29—32 caliper inches 11
Preserved tree 33—36 caliper inches 12
Preserved tree 37 caliper inches and greater 13
Example: A 0.22 net acre (9,583.2 square feet) lot would need seven (7) tree credits (30
× 0.22 = 6.6, rounded up to 7). The tree credit requirements for the lot could be met by
retaining one (1) existing seventeen‐inch (17”) tree (seven (7) tree credits) or by planting
three (3) new large species trees (two (2) tree credits each) and one (1) new medium
species tree (one (1) tree credit).
bc. Priority of Tree Retention Requirements: All significant trees
required to be retained shall be preserved in the priority order listed below, with
Priority One trees being the highest priority. Applications that propose retention
of lower priority trees in lieu of Priority One trees must demonstrate in writing to
the Administrator’s satisfaction that: (1) all reasonable efforts have been taken to
preserve trees utilizing the highest priority possible, (2) that retention of higher
priority trees is not feasible or practical for the project site, and (3) that the project
proposal meets or exceeds the purposes and intent of this Section. Significant
trees shall be retained in the following priority order:
Priority
One
i. Landmark trees;
ii. Significant trees that form a continuous canopy;
iii. Significant trees on slopes greater than twenty percent (20%);
iv. Significant trees adjacent to critical areas and their associated buffers;
v. Significant trees over sixty feet (60') in height or greater than eighteen
inches (18") caliper; and
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
21
vi. Trees that shelter interior trees or trees on abutting properties from
strong winds, which could otherwise allow such sheltered trees to be
blown down if removed.
Priority
Two
i. Healthy tree groupings whose associated undergrowth can be preserved;
ii. Other significant native evergreen or deciduous trees; and
iii. Other significant non‐native trees.
Priority
Three
Alders and cottonwoods shall be retained when all other trees have been
evaluated for retention and are not able to be retained, unless the alders
and/or cottonwoods are used as part of an approved enhancement project
within a critical area or its buffer.
Priority
One
i. Landmark trees;
ii. Significant trees that form
a continuous canopy;
iii. Significant trees on slopes
greater than twenty
percent (20%);
iv. Significant trees adjacent
to critical areas and their
associated buffers; and
v. Significant trees over sixty
feet (60') in height or
greater than eighteen
inches (18") caliper.
Priority
Two
i. Healthy tree groupings
whose associated
undergrowth can be
preserved;
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
22
ii. Other significant native
evergreen or deciduous
trees; and
iii. Other significant non‐
native trees.
Priority
Three
Alders and cottonwoods shall
be retained when all other
trees have been evaluated for
retention and are not able to
be retained, unless the alders
and/or cottonwoods are used
as part of an approved
enhancement project within a
critical area or its buffer.
cd. Calculating Tree Retention: Tree retention standards shall be
applied to the developable area, as defined in RMC 4‐11‐040, Definitions D, of a
property. (i.e., land within critical areas and their buffers, public rights‐of‐way,
private PUD streets, shared driveways, and Land within public trails shall be
excluded for calculation of tree retention provided the trail design serves to retain
Priority One trees, pursuant to subsection H.1.c of this Section). If the number to
be retained of trees required for compliance with minimum tree retention or
minimum tree credit requirements includes a fraction of a tree, any amount equal
to or greater than one‐half (1/2) tree shall be rounded up.
d. Minimum Tree Density: Pursuant to subsection C9e of this Section,
Minimum Tree Density, each residential lot to be created by subdivision shall have
retained, or newly planted, trees that satisfy the lot’s minimum tree density
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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requirement. Any protected tree, whether retained or newly planted, that is in
excess of the individual lot’s minimum tree density shall not contribute to the total
number of trees that are required to be retained for the Land Development
Permit.
e. Replacement Requirements: As an alternative to retaining trees,
tThe Administrator may authorize the planting of replacement trees, as an
alternative to retaining trees in conformance with subsection H.1.a of this Section,
on the site if provided it can be demonstrated to the Administrator’s satisfaction
that an insufficient number of trees can be retained, the proposed removal and
replacement is the minimum necessary to accomplish the desired purpose, and
the tree replacement complies with the following:.
i. Replacement Criteria: Replacement planting in lieu of minimum
tree retention may be granted for situations where:
(a) There are special circumstances related to the size, shape,
topography, location, or surroundings of the subject property; or
(b) The strict application of the code would prevent reasonable
use of property; or
(c) The strict application of the code would prevent compliance
with minimum density requirements of the zone; or
(d) The project is a short plat with four (4) or fewer lots.
ii. Replacement Quantity and Standards: When the minimum
number of protected trees cannot be retained, replacement trees with at least a
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
24
two‐inch (2") caliper, or evergreen trees at least six feet (6') tall, shall be planted
based on the tree credit value of each protected tree removed pursuant to the
table shown in subsection H.1.b of this Section. The protected trees used for
calculating required credit replacement shall be determined based on the priority
order of the significant trees proposed for removal on‐site. Replacement trees
shall not contribute to the total credits required pursuant to subsection H.1.b of
this Section. The City may require a surety or bond to ensure the survival of
replacement trees.
iii. Replacement Tree Species: The Administrator shall have the
authority to approve, deny, or restrict the tree species for proposed replacement
trees.
i. Replacement Ratio: When the required number of protected
trees cannot be retained, replacement trees, with at least a two‐inch (2") caliper
or an evergreen at least six feet (6') tall, shall be planted at a rate of twelve (12)
caliper inches of new trees to replace each protected tree removed. Up to fifty
percent (50%) of trees required pursuant to RMC 4‐4‐070, Landscaping, may
contribute to replacement trees. The City may require a surety or bond to ensure
the survival of replacement trees.
ii. Prohibited Types of Replacement Trees: Unless replacement
trees are being used as part of an approved enhancement project in a critical area
or buffer, they shall not consist of the following species:
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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(a) All Populus species including cottonwood (Populus
trichocarpa), quaking aspen (Populus tremuloides), lombardy poplar (Populus
nigra “Italica”), etc.;
(b) All Alnus species, which includes red alder (Alnus oregona),
black alder (Alnus glutinosa), white alder (Alnus rhombifolia), etc.;
(c) Salix species, which includes weeping willow (Salix
babylonica), etc.; and
(d) All Platanus species, which include London plane tree
(Platanus acerifolia), American sycamore, buttonwood (Platanus occidentalis),
etc.
iiif. Fee in Lieu: When the Administrator determines that it is infeasible
to replace or supplement trees on the site, payment into the City’s Urban Forestry
Program fund may be approved in an amount of money approximating the current
market value of the replacement trees and the labor to install them. The City shall
determine the value of replacement trees.
2. Tree Retention within Subdivisions Protection Tract: Trees retention
within subdivisions shall be conducted in accordance with the following
requirements: required to be retained (i.e., protected trees), and/or
Administrator approved replacement trees (excluding required street trees
pursuant to RMC 4‐4‐070F, Areas Required to be Landscaped), that are not
necessary to provide the required minimum tree density for residential lots, shall
be preserved by establishing a tree protection tract that encompasses the drip line
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
26
of all protected trees; however, multiple tree protection tracts may be approved
if it can be demonstrated, to the Administrator’s satisfaction, that multiple tracts
provide a better site design and/or support other adopted goals and purposes of
this Title.
a. Applicability Tree Preservation Priority: Tree protection tracts shall
be required for any protected trees that are not located on an individual lot. Tree
protection tracts may contribute to open space requirements, if applicable. All
trees required to be retained within a subdivision shall be preserved in the priority
order listed below, with Tier 1 being the highest priority. Applications that propose
compliance with a lower priority tier, or a combination of tiers, must demonstrate
in writing to the Administrator’s satisfaction that: (1) all reasonable efforts have
been taken to preserve trees utilizing the highest priority tier possible, (2) that
compliance with a higher tier is not feasible or practical for the project site, and
(3) that the project proposal meets or exceeds the purposes and intent of this
Section. Tree preservation shall be prioritized as follows:
i. Tier 1— Tree Protection Tract. Protection of trees or groves by
placement within a dedicated tract.
ii. Tier 2— Tree Protection Easement or Restrictive Covenant.
Protection of trees or groves by recordation of a permanent tree protection
easement (for groves of trees) or a restrictive covenant (for individual trees).
iii. Tier 3— Retention and Mitigation. Retention and removal of
trees, with subsequent mitigation by replanting.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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iv. Tier 4— Fee in Lieu of Planting. Fee in lieu of planting pursuant
to subsection H.1.f of this Section.
b. Tree Protection Tract and Easement Standards:
i. Tree protection tracts and easements should consist of an
aggregation of trees occupying a specific area and sufficiently uniform in species
composition, size, age, arrangement, and condition as to be distinguished from
adjoining areas;
ii. Trees shall be retained and maintained pursuant to the
recommendations of an ISA certified arborist or ASCA certified consultanta City
approved certified arborist or licensed landscape architect, as stated within the
required Tree Retention/Land Clearing (Tree Inventory) Plan;
iii. Amenities, as approved by the Administrator, may be installed
to facilitate passive recreation within the tract or easement. Such amenities might
include, but are not limited to, benches, picnic tables, and soft surface (semi‐
permeable) trails.
c. Replacement and Supplemental Planting Locations: The planting of
all replacement trees or supplemental trees shall be prioritized within tree
protection tract(s) or tree protection easement(s), when applicable, to the
maximum extent feasible to provide for adequate tree growth and heath.
cd. Tract Creation and Deed Restriction: The permit holder shall
establish and record a permanent and irrevocable deed restriction on the property
title of any tree protection tract or tracts easement created as a condition of a
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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permit. Such deed restriction(s) shall prohibit development, alteration, or
disturbance within the tract or easement except for purposes of installing
Administrator approved amenities, or habitat enhancement activities as part of an
enhancement project, which has received prior written approval from the City. A
covenant shall be placed on the any tract restricting its separate sale.
de. Fencing: The City shall require permanent fencing of the tree
protection tract or easement. This shall be accomplished by installing a wood,
split‐rail fence with applicable signage. The Administrator may approve
pedestrian‐sized openings for the purpose of facilitating passive recreation within
the tract for the benefit of the community. The Administrator may authorize
alternate styles and/or materials for the required fencing.
ef. Signage Required: The common boundary between a tree
protection tract and the abutting land must be permanently identified. This
identification shall include permanent wood or metal signs on treated wood, or
metal posts. Sign locations and size specifications are subject to City review for
approval. Suggested wording is as follows: “Protection of these trees is in your
care. Alteration or disturbance is prohibited by law.”
fg. Responsibility for Ownership and Maintenance: The relevant
homeowners’ association, abutting lot owners, the permit applicant or designee,
or other City approved entity shall have ownership and responsibility for
maintaining the tree protection tract(s), easement(s), and protected trees.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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gh. Maintenance Covenant and Note Required: The following note
shall appear on the face of all plats, short plats, PUDs, or other approved site plans
containing at least one tree protection tract or easement, and shall also be
recorded as a covenant running with the land on the title of record for all affected
lots on the title: “MAINTENANCE RESPONSIBILITY: All owners of lots created by or
benefiting from this City action are responsible for maintenance and protection of
the tree protection tract/easement. Maintenance includes ensuring that no
alterations occur within the tract/easement and that all vegetation remains
undisturbed unless the express written authorization of the City has been
received.”
3. Tree Retention/Land Clearing (Tree Inventory) Plan Required: When a
land development permit Land Development Permit, as defined in RMC 4‐11‐120,
is submitted to the City it shall be accompanied by a Ttree Rretention/Lland
Cclearing (Ttree Iinventory) Pplan as defined in pursuant to RMC 4‐8‐120D20,
Submittal Requirements – Specific to Application Type.
4. Arborist Report Required: When a land development permit, as defined
in RMC 4‐11‐120, is submitted to the City it shall be accompanied by an Arborist
Report pursuant to RMC 4‐8‐120, Submittal Requirements – Specific to
Application Type.
45. Applicability, Performance Standards and Alternates: All land clearing
and tree removal activities shall conform to the criteria and performance
standards set forth in this Section unless otherwise recommended in an approved
AGENDA ITEM # 8. b)
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soil engineering, engineering geology, hydrology, or forest management plan and
where the alternate procedures will be equal to or superior in achieving the
purposes of this Section. All land clearing and tree removal activities may be
conditioned to ensure that the standards, criteria, and purposes of this Section
are met.
56. General 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 land clearing and tree removal will not create or contribute to
landslides, accelerated soil creep, settlement or subsidence, flooding, erosion, or
increased turbidity, siltation, or other form of pollution in a watercourse.
b. Land clearing and tree removal will be conducted to maintain or
provide visual screening and buffering between land uses of differing intensity,
consistent with applicable landscaping and setback provisions of the Renton
Municipal Code.
c. Land clearing and tree removal shall be conducted so as to expose
the smallest practical area of soil to erosion for the least possible time, consistent
with an approved build‐out schedule and including any necessary erosion control
measures.
d. Land clearing and tree removal shall be consistent with subsection
D,3 of this Section, Restrictions for Critical Areas – General, and RMC 4‐3‐050,
Critical Areas Regulations.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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e. 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.
f. Land clearing and tree removal shall be conducted to maximize the
preservation of any tree in good health that is an outstanding specimen because
of its size, form, shape, age, color, rarity, or other distinction as a community
landmark.
67. Timing: The City may restrict the timing of the land clearing and tree
removal activities to specific dates and/or seasons when such restrictions are
necessary for the public health, safety and welfare, or for the protection of the
environment.
78. Restrictions for Critical Areas: See subsection D.3 of this Section,
Restrictions for Critical Areas – General, and RMC 4‐3‐050, Critical Areas
Regulations.
89. Condition Measures for Tree/Ground Cover Retention: The following
measures may be used in conditioning a land development permit or building
permit proposal, to comply with the general review criteria of subsection H5 H.6
of this Section, General Review Criteria:
a. Trees shall be maintained to the maximum extent feasible on the
property where they are growing. Modification of the tree retention and land
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
32
clearing plan, or the associated land development permit Land Development
Permit, may be required to ensure the retention of the maximum number of trees.
b. The applicant may be required to replace trees, provide interim
erosion control, hydroseed exposed soils, or other similar conditions which would
implement the intent of this Section.
c. Trees that shelter interior trees or trees on abutting properties from
strong winds that could otherwise cause them to blow down should be retained.
910. Protection Measures During Construction: Protection measures in
this subsection shall apply for all trees that are to be retained on‐site and off‐site.
Off‐site trees containing drip lines that encroach onto the site under construction
shall be considered protected trees unless the applicant obtains written
permission from the abutting property owner to remove the off‐site trees and it
is determined that the tree removal on the abutting property owner is in
compliance with subsection C of this Section, Allowed Tree Removal Activities. All
of the following tree protection measures shall apply:
a. Construction Storage Prohibited: The applicant may not fill,
excavate, stack or store any equipment, dispose of any materials, supplies or
fluids, operate any equipment, install impervious surfaces, or compact the earth
in any way within the area defined by the drip line of any tree to be retained.
ba. Fenced Protection Area Required Temporary Tree Protection
Fencing: Prior to development activities, the applicant shall erect and maintain a
six‐foot (6') high, post‐driven, chain‐link temporary construction fenceing around
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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the drip lines of all retained trees, or if a tree protection tract or easement is
provided, at a distance surrounding the tree equal to one and one‐quarter feet (1‐
1/4') for every one inch (1") of trunk caliper, whichever is greater, or along the
perimeter of thea tree protection tract or easement. The temporary tree
protection fencing shall be installed with steel posts driven at a depth that will
adequately ensure the fence remains in an upright position for the duration of the
development. The temporary tree protection fencing shall not be disturbed,
removed, or relocated until the conclusion of construction activities. Protected
trees may be fenced individually or in groups of trees. Individual trees shall be
fenced on four (4) sides. If some tree or vegetation removal is necessary in order
to gain access to retained trees for the purposes of installing temporary tree
protection fencing, the applicant shall submit a phased tree removal plan for
review and approval by the Administrator, prior to all development activities.
Placards shall be placed on fencing every fifty feet (50') indicating the words, “NO
TRESPASSING – Protected Trees,” or on each side of the fencing if less than fifty
feet (50'). Site access to individually protected trees or groups of trees shall be
fenced and signed. Individual trees shall be fenced on four (4) sides. In addition,
the applicant shall provide supervision whenever equipment or trucks are moving
near trees.
b. Tree Protection Signage: Signage shall be placed on the tree
protection fencing at intervals of no more than twenty feet (20’) along the entirety
of the protective tree fence. The sign(s) shall be designed, constructed, and
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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installed in accordance with official specifications provided by the Administrator
and shall convey the information deemed necessary by the Administrator.
c. Construction Storage Prohibited: The applicant may not fill,
excavate, stack, or store any equipment, dispose of any materials, supplies or
fluids, operate any equipment, or compact the earth in any way within the area
defined by the drip line of any tree to be retained.
cd. Protection from Grade Changes: If the grade level adjoining to a
tree to be retained is to be raised, the applicant shall construct a dry rock wall or
rock well around the tree. The diameter of this wall or well must be equal to the
tree’s drip line.
de. Impervious Surfaces Prohibited within the Drip Line: The
applicant may not install impervious surface material within the area defined by
the drip line of any tree to be retained, unless otherwise approved by the City.
f. Utilities Prohibited Within the Drip Line: The applicant may not
install utilities within the area defined by the drip line of any tree to be retained,
unless otherwise approved by the City.
eg. Restrictions on Grading within the Drip Lines of Retained
Trees: The grade level around any tree to be retained may not be lowered within
the greater of the following areas: (i) the area defined by the drip line of the tree,
or (ii) an area around the tree equal to one and one‐half feet (1‐1/2') in diameter
for each one inch (1") of tree caliper. A larger tree protection zone based on tree
size, species, soil, or other conditions may be required.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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fh. Vegetation and Undergrowth Protection Mulch Layer
Required: With the exception of invasive species removal which has received prior
written approval from the City, removal of the existing vegetation within the drip
line of protected trees is prohibited during development activities. Native
understory trees, shrubs, and other vegetation shall be protected within the
designated tree protection area for the duration of the development activities. All
areas within the required fencing shall be covered completely and evenly with a
minimum of three inches (3") of bark mulch prior to installation of the protective
fencing. Exceptions may be approved if the, except in areas where mulch will
adversely affect protected ground cover plants.
gi. Monitoring Required during Construction: For all protected trees
required to be retained in compliance with a land use decision, Tthe applicant shall
retain an ISA certified arborist or ASCA certified consultanta certified arborist or
licensed landscape architect to ensure trees are protected from development
activities and/or to prune branches and roots, fertilize, and water as appropriate
for any trees and ground cover that are to be retained. The ISA certified arborist
or ASCA certified consultant shall supervise the installation of any required tree
protection fencing, permanent or temporary.
Hj. Alternative Protection: Alternative safeguards may be used if
determined by the Administrator that such safeguards would to provide equal or
greater tree protection.
1011. Maintenance:
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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a. All retained and replacement trees, including protected trees, shall
be maintained in perpetuity from the date of the final land development permit
Land Development Permit issued for the project, unless tree removal is authorized
pursuant to this Section;
b. All retained trees and vegetation shall be pruned and trimmed to
maintain a healthy growing condition or to prevent limb failure;
c. With the exception of dangerous high‐risk trees specifically retained
to provide wildlife habitat, any protected tree that becomes a dangerous high‐risk
tree, as defined in RMC 4‐11‐200, or any protected or replacement tree that is
stolen removed, shall be replaced within three (3) months or during the next
planting season if the loss does not occur in a planting season.
I. RESERVED.
J. VIOLATIONS AND PENALTIES:
1. Penalties: Penalties for any violation of any of the provisions of this
Section shall be in accordance with chapter 1‐10 RMC, Code Enforcement. In a
prosecution under this Section, each tree removed, damaged, or destroyed will
constitute a separate violation, in accordance with RMC 1‐10‐7, Failure to Comply,
and the Renton Municipal Code. and each tree protection fence (required
pursuant to subsection H.10 of this Section) removed, damaged, fallen, or
relocated in violation of the provisions of this Section, will constitute a separate
violation. Prosecution of any violation(s) of this Section shall be in accordance with
AGENDA ITEM # 8. b)
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RMC 1‐10‐7, Failure to Comply, and any other applicable terms of the Renton
Municipal Code.
2. Additional Liability for Damage: In addition, any person who violates
any provision of this Section or of a permit 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.
3. Ground Cover Restoration Required: The City may require replacement
of all improperly removed ground cover with species similar to those which were
removed or other approved species such that the biological and habitat values will
be replaced. Restoration shall include installation and maintenance of interim and
emergency erosion control measures that shall be required as determined by the
City.
4. Tree Removal Mitigation: Tree replacement and mitigation shall be
conducted in accordance with the following requirements:
a. Tree Mitigation Fee: Upon determination that a tree, vegetation, or
tree protection fencing has been removed or altered in violation of a land
development permit or in violation of this Section, the Administrator may impose
a mitigation fee of up to two thousand dollars ($2,000) per tree or per violation,
plus the installation of replacement trees and/or paying a fee in lieu, pursuant to
subsection J.4.c and J.4.e of this Section, for the equivalent credit value of the
tree(s) removed.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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b. Tree Violation Measurement: For the purposes of code
enforcement, if a tree has been removed and only the stump remains, the size of
the tree shall be determined by the diameter of the top of the stump, unless prior
documented record from an ISA certified arborist or ASCA certified consultant was
completed within one (1) year of the date of violation.
c. Tree Replacement Quantity: For each tree that was improperly cut
and/or removed in violation of this Section, replacement planting shall occur at a
rate based on the credit value of the tree(s) removed pursuant to the table shown
in subsection H.1.b of this Section.
d. Tree Replacement Standards: The Administrator shall have the
authority to approve, deny, or restrict the tree species for proposed replacement
trees. Replacement trees shall be planted with a minimum size of two‐inch (2")
caliper, or evergreen trees with a minimum size of six feet (6') tall. The City may
require a bond to ensure the survival of replacement trees.
e. Tree Replacement Fee in Lieu: If the Administrator determines that
it is infeasible to replace trees on the site, payment into the City’s Urban Forestry
Program fund may be approved in an amount of money approximating the current
market value of the replacement trees and the labor to install them. The City shall
determine the value of replacement trees.
f. Applicability: Protected and retained trees that are removed in
violation of a land development permit shall have the drip lines maintained in
perpetuity as protected tree drip lines, as defined in RMC 4‐11‐040, Definitions D.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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No impervious surface, obstructions, or structures are permitted within a
protected tree drip line. Tree replacement planting shall be prioritized within the
protected tree drip line to the maximum extent feasible for optimal health of the
replacement trees.
4. Replacement Required: The City may require, for each tree that was
improperly cut and/or removed in violation of this Section, replacement planting
with one or more trees of equal quality and species at a ratio of one‐to‐one (1:1)
caliper inches. The replacement trees will be of sufficient caliper to adequately
replace the lost tree(s), and be a minimum of two (2) caliper inches. The City may
require a bond to ensure the survival of replacement trees. If the Administrator
determines that it is infeasible to replace trees on the site, payment into the City’s
Urban Forestry Program fund may be approved in an amount of money
approximating the current market value of the replacement trees and the labor to
install them. The City shall determine the value of replacement trees.
5. Stop Work: For any parcel on which trees and/or ground cover are
improperly removed and subject to code enforcement and penalties under this
Section, the City shall stop work on any existing permits and halt the issuance of
any or all future permits or approvals until the property is fully restored in
compliance with this Section and all penalties are paid.
SECTION V. The definitions of “Arborist Report” and “Arborist Report, Final” in
subsection 4‐8‐120.D.1, and “Tree Retention/Land Clearing (Tree Inventory) Plan” in subsection
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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4‐8‐120.D.20 of the Renton Municipal Code are amended as shown below. All other definitions
in 4‐8‐120.D remain in effect and unchanged.
Arborist Report: A report prepared by an ISA certified arborist or ASCA
certified consultant a certified arborist or licensed landscape architect that
correlates with the Tree Retention/Land Clearing (Tree Inventory) Plan and
includes the following: and identifies size, species, health, and reason for any
removal. The report shall identify the limits of disturbance for all retained trees.
a. The project location, description of proposed development, and
description of proposed tree removal; and
b. A conceptual tree removal and retention plan; and
c. An inventory of all trees on‐site to be retained and removed, with
details regarding tree species, size, health, proposed reasons for any removal, and
the tree credit value for each tree pursuant to the table shown in RMC 4‐4‐
130.H.1.b, Tree Credit Requirements; and
d. In cases where high‐risk trees are proposed for removal, the report
shall be prepared by an arborist with ISA Tree Risk Assessment Qualification
(TRAQ) and include an ISA Tree Risk Assessment standard form fully completed.
Arborist Report, Final: A report prepared by an ISA certified arborist or
ASCA certified consultant a certified arborist or licensed landscape architect
summarizing field verification of the health of the retained trees post construction
and recommendations for long‐term care.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
41
Tree Retention/Land Clearing (Tree Inventory) Plan: A completed tree
retention worksheet accompanied by a full dimensional plan, drawn by an ISA
certified arborist, ASCA certified consultant, or a licensed landscape architect,
based on finished grade, drawn at the same scale as the project site plan with the
northern property line at the top of the sheet, clearly showing the following:
a. All property boundaries and adjacent streets;
b. Location of all areas proposed to be cleared;
c. Species and sizes of vegetation to be removed, altered, or retained
and the boundaries and predominant species of stands of trees consisting of five
(5) or more trees. This requirement applies only to trees six‐inch (6") caliper and
larger, fifty‐four inches (54") above grade, and the location, size and species of all
protected trees on the site;
d. For trees proposed to be retained, a complete description of each
tree’s health, condition, and viability;
e. For trees proposed to be retained, a description of the method(s)
used to determine the limits of disturbance (i.e., critical root zone, root plate
diameter, or a case‐by‐case basis description for individual trees);
f. For projects subject to a land development permit, as defined in
RMC 4‐11‐120, Definitions L, an analysis of minimum tree retention compliance
and minimum tree credit compliance pursuant to RMC 4‐4‐130.H.1;
AGENDA ITEM # 8. b)
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g. For subdivision applications, an analysis of the project proposal’s
compliance with the tree preservation priority requirements as outlined in RMC
4‐4‐130.H.2.a,Tree Preservation Priority;
fh. For trees proposed to be preserved within a tree protection tract or
easement, any special instructions for maintenance (e.g., trimming, ground
clearing, root pruning, monitoring, aftercare, etc.);
gi. For trees not viable for retention, the reason(s) for removal based
on poor health, high risk of failure due to structure, defects, unavoidable isolation
(i.e., high blow down potential), or unsuitability of species, etc., and for which no
reasonable alternative action is possible (pruning, cabling, etc.);
hj. A description of the impact of necessary tree removal to the
remaining trees, including those in a grove or on abutting properties;
ik. For development applications, a discussion of timing and
installation of tree protection measures that must include fencing and be in
accordance with the tree protection standards as outlined in RMC 4‐4‐130H9 4‐4‐
130.H.10, Protection Measures During Construction;
jl. The suggested location and species of supplemental trees to be used
when required. The report shall include planting and maintenance specifications;
km. Future building sites and drip lines of any trees which will
overhang/overlap a construction line;
ln. Location and dimensions of rights‐of‐way, utility lines, fire hydrants,
street lighting, and easements;
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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mo. Where the drip line of a tree overlaps an area where construction
activities will occur, this shall be indicated on the plan;
np. For allowed activities, including allowed exemptions,
modifications, and variances, show all trees proposed to be removed in priority
tree retention areas: slopes twenty‐five percent (25%) to thirty‐nine percent
(39%), high or very high landslide hazard areas, and high erosion hazard areas;
oq. Show trees to be removed in protected critical areas: wetlands,
Shorelines of the State, streams and lakes, floodways, floodplain slopes forty
percent (40%) or greater, very high landslide hazard areas, and critical habitat if
the activity is exempt or allowed by the critical areas regulations in RMC 4‐3‐
050.C.3, Exemptions – Critical Areas and Buffers;
pr. Show all trees to be retained in critical area buffers; and
qs. In all other areas of the site, trees to be removed may be indicated
generally with clearing limit lines except for protected trees. Show tThe location,
size, and species of all protected trees on a on‐site shall be shown. The plan shall
also differentiate between any proposed protected trees and any approved
proposed replacement trees or supplemental trees required pursuant to RMC 4‐
4‐130.H.1, Protected Trees. from the protected trees. Replacement trees may be
authorized in accordance with RMC 4‐4‐130H1e, Replacement Requirements, and
the number of replacement trees shall be determined pursuant to any planned
replanting areas in accordance with RMC 4‐4‐130H1c, Calculating Tree Retention.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
44
In all other areas of the site, trees to be removed may be indicated generally with
clearing limit lines except for protected trees.
SECTION VI. Section 4‐9‐195 of the Renton Municipal Coded is amended as follows:
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 4‐4‐130.C, Allowed Tree Removal Activities, a
Rroutine Vvegetation Mmanagement Ppermit 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.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
45
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 credit 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;.
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,
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
46
disease, or other problems that may result from selectively removing trees and
other vegetation from a lot; and.
h. The land clearing and tree removal shall be consistent with the
requirements of the Shoreline Master Program, pursuant to RMC 4‐3‐090.F.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 4‐4‐130.D.3,
Restrictions for Critical Areas – General, and 4‐4‐130.D.4, 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 # 8. b)
ORDINANCE NO. ________
47
6. Time Limits for Routine Vegetation Management Permits: Any permit
for routine vegetation management shall be valid for one (1) year from the date
of issuance. An extension may be granted by the Administrator for a period of one
(1) 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.
SECTION VII. Section 4‐11‐040 of the Renton Municipal Code is amended to add a new
definition of "Drip Line, Protected,” in alphabetical order, to read as shown below. All other
definitions in 4‐11‐040 remain in effect and unchanged.
DRIP LINE, PROTECTED: A tree drip line identified to be retained and preserved as
an undisturbed, vegetated area that fully encompasses the drip line of a protected
tree removed in violation of a land development permit.
SECTION VIII. The definition of “Land Development Permit” in section 4‐11‐120 of the
Renton Municipal Code is amended as follows:
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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LAND DEVELOPMENT PERMIT: An approved preliminary or final plat for single
family residential project, a building permit, civil construction permit, site plan, or
preliminary or final planned urban development plan.
SECTION IX. The definitions of “Tree” and “Tree Removal” in section 4‐11‐200 of the
Renton Municipal Code are amended as shown below. All other definitions in 4‐11‐200 remain in
effect and unchanged.
TREE: A woody perennial usually having one dominant trunk, or, for certain
species, a multi‐stemmed trunk system, with a potential minimum height of ten
feet (10') at maturity. Any trees listed on the Complete King County Weed List shall
not qualify as a tree.
A. Tree, Dangerous High‐Risk: Any tree that has been certified, in a written
arborist report, as dead, terminally diseased, damaged, or otherwise dangerous
to persons or property by a licensed landscape architect, or certified arborist.
prepared by an arborist with ISA Tree Risk Assessment Qualification (TRAQ), as
possessing the following ISA Tree Risk Assessment characterizations:
1. The tree has a probable or imminent likelihood of failure; and
2. The tree has a medium or high likelihood of impact; and
3. The consequences of failure for the tree are significant or severe.
B. Tree, Landmark: A tree with a caliper of thirty twenty‐four inches (3024")
or greater, except for Big Leaf Maples, Black Cottonwoods, and Red Alder trees,
which qualify as landmark trees with a caliper of thirty inches (30") or greater.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
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C. Tree, Protected: A significant tree identified to be retained, or a new tree
required to be planted, as a condition of approval for a land development permit
Land Development Permit.
D. Tree, Significant: A tree with a caliper of at least six inches (6"), or an except
alder or cottonwood trees, which qualify as significant trees with a caliper of at
least eight inches (8") or greater. Trees qualified certified as dangerous high‐risk
shall not be considered significant. Trees planted within the most recent ten (10)
years shall qualify as significant trees, regardless of the actual caliper.
E. Tree, Small Species: A tree with a mature height of thirty feet (30’) or less.
F. Tree, Medium Species: A tree with a mature height between thirty feet (30’)
and fifty feet (50’).
G. Tree, Large Species: A tree with a mature height of fifty feet (50’) or more.
TREE REMOVAL: The removal of a tree, through either direct or indirect actions,
including but not limited to: (1) clearing, damaging or poisoning resulting in a
dangerous high‐risk tree; (2) removal of more than forty percent (40%) of the live
crown; or (3) damage to roots or trunk that is likely to destroy the tree’s structural
integrity.
SECTION X. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
50
titles in the Renton Municipal Code affected by this ordinance. The City Clerk is further authorized
to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal
Code affected by this ordinance.
SECTION XI. If any section, subsection, sentence, clause, phrase, or word 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.
SECTION XII. 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 ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD‐CED:2216:7/7/22
AGENDA ITEM # 8. b)
ORDINANCE NO. ________ 51 ATTACHMENT A 4‐2‐110A1 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY STRUCTURES) RC R‐132 R‐410, 32 R‐6 R‐8 R‐10 R‐14 RMF Minimum Net Density (per Net Acre)1, 2, 15 None 3 dwelling units 4 dwelling units 5 dwelling units30 7 dwelling units30 10 dwelling units30 Maximum Net Density (per Net Acre, Except per Net 10 Acres in RC)2, 14, 15 1 dwelling unit 1 dwelling unit7, 36 4 dwelling units 6 dwelling units 8 dwelling units38 10 dwelling units29 14 dwelling units29 20 dwelling units29 Maximum Number of Dwellings (per Legal Lot)2 1 dwelling with 1 accessory dwelling unit 1 dwelling with 1 accessory dwelling unit7 1 dwelling with 1 accessory dwelling unit 1 dwelling with 1 accessory dwelling unit Detached dwellings: 1 dwelling with 1 accessory dwelling unit Attached dwellings: n/a Per Maximum Net Density Minimum Lot Size2, 28, 31 10 acres 1 acre3, 32 9,000 sq. ft.32, 34 7,000 sq. ft.32, 34 5,000 sq. ft.34 Detached dwellings: 4,000 sq. ft. Attached dwellings: n/a Detached dwellings: 3,000 sq. ft. Attached dwellings: n/a n/a AGENDA ITEM # 8. b)
ORDINANCE NO. ________ 52 RC R‐132 R‐410, 32 R‐6 R‐8 R‐10 R‐14 RMF Minimum Lot Width31 150 ft. 100 ft.32 70 ft.32 60 ft.32 50 ft. 40 ft. 30 ft. Townhouses: 25 ft. Other Attached Dwellings: 50 ft. Minimum Lot Width31 (Corner Lots) 175 ft. 110 ft. 80 ft. 70 ft. 60 ft. 50 ft. 40 ft. Townhouses: 30 ft. Other Attached Dwellings: 60 ft. Minimum Lot Depth31 300 ft. 200 ft.3, 32 100 ft.32 90 ft.32 80 ft. 70 ft. 60 ft. Townhouses: 50 ft. Other Attached Dwellings: 65 ft. Minimum Front Yard4, 5, 31 30 ft. 30 ft.6 30 ft.6, 33 25 ft.6 20 ft. except when all vehicle access is taken from an alley, then 15 ft.39 15 ft.11, except when all vehicle access is taken from an alley, then 10 ft.39 Townhouses: 15 ft.11, except when all vehicle access is taken from an alley, then 10 ft.39 Other Attached Dwellings: 20 ft. Minimum Rear Yard4, 22, 31 35 ft. 30 ft. 25 ft.33 25 ft. 25 ft.39 15 ft.21, 39 10 ft.21, 39 Townhouses: 10 ft.13, 39 AGENDA ITEM # 8. b)
ORDINANCE NO. ________ 53 RC R‐132 R‐410, 32 R‐6 R‐8 R‐10 R‐14 RMF Other Attached Dwellings: 15 ft.39 Minimum Side Yard4, 31 25 ft. 15 ft. Combined 20 ft. with not less than 7.5 ft. on either side. Combined 15 ft. with not less than 5 ft. on either side. 5 ft. Detached Units: 4 ft. Attached Units: 4 ft. for unattached side(s), 0 ft. for the attached side(s).23 Detached Units: 4 ft. Attached Units: 4 ft. for unattached side(s), 0 ft. for the attached side(s).23 5 ft. for unattached side(s), 0 ft. for the attached side(s).13 Minimum Secondary Front Yard4, 5, 31 (applies to Corner Lots) 30 ft. 30 ft.6 30 ft.6, 33 25 ft.6 15 ft.11 15 ft.11 15 ft.11 Townhouses: 15 ft.11 Other Attached Dwellings: 20 ft. Maximum Building Coverage (including Primary and Accessory) 10% 20% 35% 40% 50% 55% 65% Townhouses: 70% Other Attached Dwellings: 35% A maximum coverage of 45% may be allowed through the AGENDA ITEM # 8. b)
ORDINANCE NO. ________ 54 RC R‐132 R‐410, 32 R‐6 R‐8 R‐10 R‐14 RMF Hearing Examiner site development plan review process. Maximum Impervious Surface Area 15% 25% 50% 55% 65% 70% 80% 75% Maximum Number of Stories 3 2 3 Maximum Wall Plate Height8, 9, 12, 18, 19 32 ft. 24 ft. 24 ft., increase up to 32 ft. possible subject to administrative conditional use permit approval. Townhouses: 32 ft. Other Attached Dwellings: 32 ft., increase up to 42 ft. possible subject to administrative conditional use permit approval. Maximum Number of Units per Building2 n/a No more than 4 units per building. No more than 6 units per building. n/a AGENDA ITEM # 8. b)
ORDINANCE NO. ________ 55 RC R‐132 R‐410, 32 R‐6 R‐8 R‐10 R‐14 RMF Minimum Tree Density 2 significant trees per 5,000 sq. ft. See RMC 4‐4‐130. Attached units: 4 significant trees per 5,000 sq. ft. See RMC 4‐4‐130. n/a Minimum Freeway Frontage Setback 10 ft. landscaped setback from the street property line. Maximum Wireless Communication Facilities Height (including Amateur Radio Antennas) See RMC 4‐4‐140, Wireless Communication Facilities. Amateur radio antennas are allowed a maximum height of 6 feet without a Conditional Use Permit. Larger structures will have a maximum height determined by the Conditional Use Permit process, RMC 4‐9‐030, Conditional Use Permits. Design Standards See RMC 4‐2‐115, Residential Design and Open Space Standards. Landscaping See RMC 4‐4‐070, Landscaping. Exterior Lighting See RMC 4‐4‐075, Lighting, Exterior On‐Site. Screening See RMC 4‐4‐095, Screening and Storage Height/Location Limitations. Exception for Pre‐Existing Legal Lots See RMC 4‐10‐010, Nonconforming Lots. AGENDA ITEM # 8. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4‐2‐020.R, 4‐2‐060.K, 4‐2‐080.A.29, AND 4‐2‐080.A.56, AND
SECTION 4‐11‐130 OF THE RENTON MUNICIPAL CODE, AMENDING MEDICAL
INSTITUTIONS REGULATIONS IN THE EMPLOYMENT AREA (EA) LAND USE
DESIGNATION, AUTHORIZING CORRECTIONS, 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 May 13, 2022, 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 June 1, 2022, 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.
SECTION II. Subsection 4‐2‐020.R of the Renton Municipal Code is amended as follows:
R. MEDIUM INDUSTRIAL ZONE (IM):
The purpose of the Medium Industrial Zone (IM) is to provide areas for
medium‐intensity industrial activities involving manufacturing, processing,
assembly, and warehousing. Uses in this zone may require some outdoor storage
and may create some external emissions of noise, odor, glare, vibration, etc., but
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
2
these are largely contained on‐site. Compatible uses that directly serve the needs
of other uses permitted within the district are also allowed zone‐wide.
Additionally, within the Employment Area designation, an even wider variety of
commercial and service uses may be permitted.
SECTION III. Subsection 4‐2‐060.K of the Renton Municipal Code is amended as shown
in Attachment A.
SECTION IV. Subsections 4‐2‐080.A.29 and 4‐2‐080.A.56 of the Renton Municipal Code
are amended as shown below. All other provisions in 4‐2‐080.A remain in effect and unchanged.
29. Specified use(s) are only allowed in the Employment Area (EA) land
use designation west of Rainier Avenue South/ SR‐167, provided:
a. Gambling facilities, vehicle and equipment rental, and
communication broadcast and relay towers are prohibited within the area south
of I‐405 and north of SW 16th Street.
b. Outdoor storage (existing and new), vehicle storage, and large
vehicle sales are only allowed in the area south of I‐405 and west of Rainier
Avenue South/SR‐167. Outdoor storage is allowed as an accessory use in all
industrial zones.
c. Bulk storage shall be subject to the special permits provisions of
RMC 4‐9‐220. Bulk storage is only allowed at least one hundred feet (100') from
any residential zoning designations. Bulk storage shall be consistent with the
provisions of RMC 4‐4‐110, Storage, Bulk.
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
3
d. Medical institutions shall be subject to the provisions for Urban
Design District ‘D’ pursuant to RMC 4‐3‐100, Urban Design Regulations.
56. Reserved Specified use(s) are prohibited within the Employment Area
(EA).
SECTION V. The definition of ‘Medical Institutions’ in section 4‐11‐130 of the Renton
Municipal Code is amended as shown below. All other definitions in 4‐11‐130 remain in effect
and unchanged.
MEDICAL INSTITUTIONS: Facilities providing physical or mental health services,
in‐patient accommodations, and medical or surgical care of the sick or injured.
Medical institutions are allowed one helipad as an accessory use, if functionally
and architecturally integrated into the primary use, regardless of the treatment of
helipads in the underlying zoning. This definition includes hospitals, clinics,
hospices, and holistic health centers, and nursing homes as defined in Group I‐2
of the IFC. This definition excludes medical and dental offices, convalescent
centers, assisted living, and group homes I and II.
SECTION VI. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
4
SECTION VII. If any section, subsection, sentence, clause, phrase, or word 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.
SECTION VIII. 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 ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD‐CED:2226:7/7/22
AGENDA ITEM # 8. c)
ORDINANCE NO. ________ 5 ATTACHMENT A 4‐2‐060 Zoning Use Table – Uses Allowed in Zoning Designations: USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R‐1 R‐4 R‐6 R‐8 RMH R‐10 R‐14 RMF IL IM IH CN CV CA CD CO COR UC‐1 UC‐2 K. SERVICES Services, General Bed and breakfast house, accessory AD AD AD AD AD AD AD AD AD P Bed and breakfast house, professional AD AD AD5 AD P Hotel P29 P29 P29 P P20 P P P P18 P18 Hotel, extended stay P29 P29 P29 P29 P Motel P29 P29 P29 P P20 Off‐site services P29 P29 P29 P29 On‐site services AD33 P29 P29 P29 P22 P P P P54 P21 P82 P82 Drive‐in/drive‐through service AC61 AC61 AC61 AC80 AC61 AC80 AC61 AC61 AC61 AC82 AC82 Vehicle rental, small P P P AD P20 Vehicle and equipment rental, large P29 P29 P29 AGENDA ITEM # 8. c)
ORDINANCE NO. ________ 6 USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R‐1 R‐4 R‐6 R‐8 RMH R‐10 R‐14 RMF IL IM IH CN CV CA CD CO COR UC‐1 UC‐2 Day Care Services Adult day care I AC AC AC AC AC AC AC AC AC P P P P P P P P P P100 P100 Adult day care II H H H H H H H P P P P P P P P12 P21 P100 P100 Day care centers H25 H25 H25 H25 H25 H25 H25 P P P P P P P P P21 P100 P100 Family day care AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC3 AC AC AC AC Healthcare Services Convalescent centers H H H H P AD P3 P40 AD AD96 AD96 Medical institutions H H H H H H H H H2956 H2956 H56 H H H H P40 H H H AGENDA ITEM # 8. c)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTION 4‐1‐220.D.2 OF THE RENTON MUNICIPAL CODE, AMENDING MULTI‐
FAMILY TAX EXEMPTION HOUSING TYPES, AUTHORIZING CORRECTIONS,
PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on December 22, 2003, the Renton City Council passed Ordinance No. 5061
(codified in RMC 4‐1‐220) establishing a limited property tax exemption to encourage multi‐
family housing development in designated residential targeted areas; and
WHEREAS, the provisions of RMC 4‐1‐220, Property Tax Exemption for Multi‐Family
Housing in Residential Targeted Areas, have been successful in encouraging increased residential
opportunities and in stimulating new construction of multi‐family housing in the City’s priority
community revitalization and redevelopment areas and encouraging more affordable multi‐
family housing in the City; and
WHEREAS, the Administration believes that multi‐family housing incentives should be
used as a tool to encourage more multi‐family housing development in the City’s priority
community revitalization and redevelopment areas and to encourage more affordable multi‐
family housing in the City; and
WHEREAS, the Administration believes that an incentive should only be provided to
market‐rate multi‐family housing projects that represent the highest and best use of the
applicable zoned property; and
WHEREAS, the Administration believes that townhomes do not represent the highest and
best use of the applicable zoned property; and
AGENDA ITEM # 8. d)
2
ORDINANCE NO. ________
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 May 13, 2022, 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 June 1, 2022, considered all
relevant matters, and heard all parties appearing in support or in 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.
SECTION II. Subsection 4‐1‐220.D.2 of the Renton Municipal Code is amended as
shown below. All other provisions in 4‐1‐220.D remain in effect and unchanged.
2.Size and Structure:
a.If the project is located in the Downtown and within the Residential‐
14 (R‐14) Zone, or in the Sunset Area and within either the Residential Multi‐
Family (RMF) Zone or the Residential‐14 (R‐14) Zone, the project shall (i) consist
of a minimum total of ten (10) new dwelling units of multi‐family housing, and (ii)
be located within a new residential structure(s) or a new mixed‐use development
as allowed by the RMC for the specific zone. At least fifty percent (50%) of the
space within the project shall be intended for permanent residential occupancy.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
3
b. If the project is located in the Downtown and within the Center
Downtown (CD) Zone, or in the Sunset Area and within the Center Village (CV)
Zone, the following applies:
i. If the project is located in the Downtown and within the Center
Downtown (CD) Zone, the project shall (a) consist of a minimum total of thirty (30)
new dwelling units of multi‐family housing and (b) be a new structure(s) and (c)
be a mixed‐use development, unless the Administrator waives one or more of
these requirements. If the Administrator waives the mixed‐use development
requirement, the multi‐family housing shall be located in a new residential
structure(s). At least fifty percent (50%) of the space within the project shall be
intended for permanent residential occupancy.
ii. If the project is located in the Sunset Area and within the Center
Village (CV) Zone, the project shall (a) consist of a minimum total of thirty (30) new
dwelling units of multi‐family housing and (b) be located in a new structure(s) and
(c) be a mixed‐use development, unless the Administrator waives the minimum
number of new units requirement or the mixed‐use development requirement.
The Administrator cannot waive the new structure(s) requirement. If the
Administrator waives the mixed‐use development requirement, the multi‐family
housing shall be located in a new residential structure(s). At least fifty percent
(50%) of the space within the project shall be intended for permanent residential
occupancy.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
4
iii. If one hundred percent (100%) of the housing units in a
homeownership project are affordable housing, the project shall (a) consist of a
minimum of ten (10) new dwelling units of multi‐family housing and (b) be located
within a new residential structure(s) or a new mixed‐use development as allowed
by the RMC for the specific zone. At least fifty percent (50%) of the space within
the project shall be intended for permanent residential occupancy. The project
shall designate and sell at least fifty percent (50%) of total housing units as
affordable for households at or below eighty percent (80%) of median income,
and designate and sell any remaining housing units as affordable for households
at or below one hundred twenty percent (120%) of median income. In addition,
the housing units affordable for households at or below eighty percent (80%) of
median income shall remain affordable in perpetuity through a community land
trust or other similar model acceptable to the City.
iv. The value of Mmarket‐rate townhomes projects are is not
eligible for the exemption.
c. If the project is located in the Rainier/Grady Junction TOD Subarea
and within the Commercial Arterial (CA), Commercial Office (CO) Zone, or in the
South Lake Washington and within the Urban Center‐1 (UC‐1), or the Urban
Center‐2 (UC‐2) Zone, the following applies:
i. If the project is located in the Rainier/Grady Junction TOD
Subarea or South Lake Washington and within the Commercial Arterial (CA),
Commercial Office (CO), Urban Center‐1 (UC‐1), or the Urban Center‐2 (UC‐2)
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
5
Zone, the project shall (a) consist of a minimum total of one hundred (100) new
dwelling units of multi‐family housing, subject to subsection D2cii of this Section,
and (b) be a new structure(s) and (c) be a mixed‐use development, unless the
Administrator waives one or more of these requirements. If the Administrator
waives the mixed‐use development requirement, the multi‐family housing shall
be located in a new residential structure(s). At least fifty percent (50%) of the
space within the project shall be intended for permanent residential occupancy.
ii. If one hundred percent (100%) of the housing units in a
homeownership project are affordable housing, the project shall (a) consist of a
minimum of ten (10) new dwelling units of multi‐family housing and (b) be located
within a new residential structure(s) or a new mixed‐use development as allowed
by the RMC for the specific zone. At least fifty percent (50%) of the space within
the project shall be intended for permanent residential occupancy. The project
shall designate and sell at least fifty percent (50%) of total housing units as
affordable for households at or below eighty percent (80%) of median income,
and designate and sell any remaining housing units as affordable for households
at or below one hundred twenty percent (120%) of median income. In addition,
the housing units affordable for households at or below eighty percent (80%) of
median income shall remain affordable in perpetuity through a community land
trust or other similar model acceptable to the City.
iii. The value of Mmarket‐rate townhomes projects are is not
eligible for the exemption.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
6
SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION IV. If any section, subsection, sentence, clause, phrase, or word 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.
SECTION V. 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 ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
7
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD‐EHHS:2231:7/12/22
AGENDA ITEM # 8. d)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTION 4‐9‐200.J OF THE RENTON MUNICIPAL CODE, SETTING A TIME LIMIT
OF TEN YEARS FOR PHASED MASTER PLANS, AUTHORIZING CORRECTIONS,
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 May 13, 2022, 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 June 1, 2022, 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.
SECTION II. Subsection 4‐9‐200.J of the Renton Municipal Code is amended as follows:
J. EXPIRATION AND EXTENSIONS:
1. Non‐Phased Plans:
a. Master Plans: The Hearing Examiner shall determine, and document
in writing, an appropriate expiration date for the master plan, granting up to five
(5) years. An applicant shall submit a complete site plan application for the
development within the specified time frame if a site plan was not combined with
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
2
the master plan application. The Administrator may grant a one (1) year extension
for good cause.
b. Site Plans: The final approval of a Site Plan shall expire within two
(2) years of the date of approval. A single two (2) year extension may be granted
for good cause by the Administrator. The Administrator may determine at his or
her their discretion that a public hearing before the Hearing Examiner is required
for such extension.
2. Phased Plans:
a. Master Plans: The Administrator may grant master plan approval for
large projects planned to be developed or redeveloped in phases over a period of
years exceeding the five (5) year time limit for non‐phased plans, however the
time limit shall not exceed ten (10) years. Such approval shall include clearly
defined phases and specific time limits for each phase and a determination of
eligibility for any extensions of the time limits.
b. Site Plans: An applicant may submit a site plan application for either
the entire site or a portion of the site covered by a master plan, provided the
application complies with phasing and timing requirements of the master plan
approval. In every case, the site plan application and review shall cover at least
that portion of the site which is directly related to the proposed development as
well as any areas that may be impacted by the development.
SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
3
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION IV. If any section, subsection, sentence, clause, phrase, or word 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.
SECTION V. 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 ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
4
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD‐CED:2230:7/22/22
AGENDA ITEM # 8. e)