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HomeMy WebLinkAboutORD 60901 CITY OF RENTON, WASHINGTON ORDINANCE NO. 6090 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-1-190.R, 4-1-210.B, 4-2-080.A.25, 4-2-110.B.4, 4-2-110.E.39, 4-2- 115.E.2, 4-3-100.B, 4-3-100.E.5, AND 4-4-080.I OF THE RENTON MUNICIPAL CODE, CODIFYING ADMINISTRATIVE CODE INTERPRETATIONS FROM FEBRUARY 2019 TO SEPTEMBER, 2021, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to Renton Municipal Code Section 4‐1‐080, Interpretation, the Community and Economic Development Administrator (“Administrator’) is authorized to make interpretations regarding the implementation of unclear or contradictory regulations; and WHEREAS, the Administrator recognized that the certain Renton Municipal Code regulations addressed in this ordinance contained unclear or contradictory language; 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 February 14, 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 March 16, 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 4‐1‐190.R of the Renton Municipal Code is amended as follows: ORDINANCE NO. 6090 2 R. ADMINISTRATIVE FEES: 1. Administrative Fee: The City shall collect an administrative fee equal to five percent (5%) of the total school impact fee collected in order to defray the administrative cost of collecting, processing, and handling the impact fees described in this Section. 2. Deferred Fees: Each application for a deferral of payment of residential impact fees, either under subsection G7 G8 or 8 9 of this Section, shall pay a nonrefundable administrative deferral fee of eighty‐five dollars ($85.00) for each lot, single detached dwelling unit, or condominium unit and eighty‐five dollars ($85.00) for each multi‐family residential building. The fee shall be paid at the time the application for deferral is submitted to the City. 32. Independent Fee Calculations: Any feepayer submitting an independent fee calculation shall pay a fee to cover the cost of reviewing the independent fee calculation. The fee shall be five hundred dollars ($500.00), unless otherwise established by the Administrator, school district, or the RRFA, and shall be paid by the feepayer at submittal of the independent fee calculation. 43. Appeals: Any feepayer filing an appeal of impact fees shall pay the fee set by the City for appeals of administrative interpretations and decision. The appeal fee shall be paid at the time of filing of the appeal. 54. Account Established: Administrative fees shall be deposited into a separate administrative fee account within the impact fee account(s). ORDINANCE NO. 6090 3 Administrative fees shall be used to defray the actual costs associated with the assessment, collection, administration and update of the impact fees. 56. Refunds, Waivers, and Credits: Administrative fees shall not be refundable, shall not be waived, and shall not be credited against the impact fees. SECTION III. Subsection 4‐1‐210.B of the Renton Municipal Code is amended as follows: 4. Applicable Fees: For each site, a maximum of eighty percent (80%) of applicable impact fees and up to one hundred percent (100%) of all other applicable fees for up to one hundred (100) dwelling units may be waived. a. Fees which may be waived are: i. Building permit fees; ii. Building permit plan review fees; iii. Water, surface water, and wastewater system development charges; iv. Public Works plan review and inspection fees; v. Transportation and parks impact mitigation fees; vi. Fire impact mitigation fees, to the extent such waiver is authorized by interlocal agreement with the Renton Regional Fire Authority; vii. Civil plan review and inspection fees; and viii. Technology surcharge fees;. and viiii. Administrative fees for collecting, processing, and handling school impact fees. ORDINANCE NO. 6090 4 b. Fees which may not be waived are all fees not listed in subsection B4a of this Section, including: i. Fire plan review and permit fees. SECTION IV. Subsection 4‐2‐080.A.25 of the Renton Municipal Code is amended as shown below. All other provisions in 4‐2‐080.A remain in effect and unchanged. 25. A preschool or day care center, when accessory to a public or community facility listed in RMC 4‐2‐060G, as it exists or may be amended, is considered a permitted use which does not require a hearing examiner conditional use permit. SECTION V. The ‘Minimum Setbacks’ section in 4‐2‐110.B of the Renton Municipal Code is amended as shown below. All other provisions in 4‐2‐110.B remain in effect and unchanged. MINIMUM SETBACKS Front Yard and Secondary Front Yard RC, R‐1, R‐4, R‐ 6, R‐8, R‐10, R‐ 14 and RMF Setbacks applied to the primary structure also apply to accessory structures. Accessory structures shall not be located between the primary structure and a street.4 Side Yards for Accessory Buildings RC and R‐1 5 ft., unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. R‐4, R‐6, R‐8, R‐ 10, R‐14 and RMF 3 ft., unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. Rear Yards for Accessory Buildings RC 5 ft. ORDINANCE NO. 6090 5 R‐1, R‐4, R‐6, R‐ 8, R‐10, R‐14 and RMF 3 ft., unless located between the rear of the house and the rear property line, then 0 ft. rear yard is allowed. When located within 10 ft. of the rear property line, at least 25% of the lineal length of the rear yard shall remain unoccupied from accessory structures, except when the rear property line abuts an alley. Except for garages/carports accessed through alleys: to ensure adequate vehicular maneuvering area, garages and carports that are accessed through alleys shall be set back as follows: 1. 9 ft. garage doors shall be at least 26 ft. from the back edge of the alley, or 2. 16 ft. garage doors shall be at least 24 ft. from the back edge of the alley. Special Setbacks for Animal Husbandry or Agricultural Related Structures RC, R‐1, R‐4, R‐ 6, R‐8, R‐10, and R‐14 Agricultural related structures – 50 ft. from any property line. Stables and other animal husbandry related structures, see RMC 4‐4‐010, Animal Keeping and Beekeeping Standards. RMF n/a Clear Vision Area RC, R‐1, R‐4, R‐ 6, R‐8, R‐10, R‐ 14 and RMF In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4‐11‐030. SECTION VI. Subsection 4‐2‐110.E.39 of the Renton Municipal Code is amended as shown below. All other provisions in 4‐2‐110.E remain in effect and unchanged. 39. In the R‐8, R‐10, R‐14, and RMF zones: In addition to the applicable yard setback requirements of the zone and tTo ensure adequate vehicular maneuvering area, garages and carports that are accessed through alleys shall be set back as follows: ORDINANCE NO. 6090 6 a. Nine‐foot (9') garage doors shall be at least twenty‐six feet (26') from the back edge of the alley; or b. Sixteen‐foot (16') garage doors shall be at least twenty‐four feet (24') from the back edge of the alley. SECTION VII. Subsection 4‐2‐115.E.2 of the Renton Municipal Code is amended as shown below. All other provisions in 4‐2‐115.E remain in effect and unchanged. 2. Open Space: OPEN SPACE: Open space is a significant element in the development of livable communities and creates opportunities for good health. Guidelines: All open space shall be designed to preserve existing trees particularly native conifers, native deciduous trees, and other native vegetation consistent with RMC 4‐4‐070, Landscaping. Except for Native Growth Protection Areas, all common open space areas shall be designed to accommodate both active and passive recreational opportunities and be visible and open to the street. Pocket parks shall be designed to serve four (4) to ten (10) homes. Private yards are located at the rear or side of homes and can include trees, planting beds, and privacy fences. Reciprocal use easements can provide greater usability of private yards. Landscaping: R‐10 and R‐14 See RMC 4‐4‐070, Landscaping. Standards for Parks: R‐10 and R‐14 For developments that are less than ten (10) net acres: No park is required, but is allowed. For developments that are greater than ten (10) net acres: A minimum of one one‐half (.5) acre park, in addition to the common open space requirement, is required. Standards for Common Open Space: R‐10 and R‐14 Developments of three (3) or fewer dwelling units: No requirement to provide common open space. Developments of four (4) or more units: Required to provide common open space as outlined below. Above ground drainage facilities (i.e., ponds, swales, ditches, rain gardens, etc.) shall not be counted towards the common open space requirement. ORDINANCE NO. 6090 7 1. For each unit in the development, three hundred fifty (350) square feet of common open space shall be provided. 2. Open space shall be designed as a park, common green, pea‐patch, pocket park, or pedestrian entry easement in the development and shall include picnic areas, space for recreational activities, and other activities as appropriate. 3. Open space shall be located in a highly visible area and be easily accessible to the neighborhood. 4. Open space(s) shall be contiguous to the majority of the dwellings in the development and accessible to all dwellings. For sites one acre or smaller in size, open space(s) shall be no less than at least thirty feet (30') in at least one any dimension. For sites larger than one acre in size, open space(s) shall be no less than at least forty feet (40') in at least one any dimension. For all sites, to allow for variation, open space(s) of less than the minimum dimensions (thirty feet (30') or forty feet (40'), as applicable) are allowed; provided, that when all of a site’s open spaces are averaged, the applicable dimension requirement is met. 5. A pedestrian entry easement can be counted as open space if it has a minimum width of twenty feet (20') and within that twenty feet (20') a minimum five feet (5') of sidewalk is provided. 6. Pea‐patches shall be at least one thousand (1,000) square feet in size with individual plots that measure at least ten feet by ten feet (10' x 10'). Additionally, the pea‐patch shall include a tool shed and a common area with space for compost bins. Water shall be provided to the pea‐patch. Fencing that meets the standards for front yard fencing shall surround the pea‐patch with a one foot (1') landscape area on the outside of the fence. This area is to be landscaped with flowers, plants, and/or shrubs. 7. Grass‐crete or other pervious surfaces may be used in the common open space for the purpose of meeting the one hundred fifty feet (150') distance requirement for emergency vehicle access but shall not be used for personal vehicle access or to meet off‐street parking requirements. 8. Common open space areas shall have a maximum slope of five percent (5%). 9. Obstructions, such as retaining walls and fences, shall not be placed in common open spaces. Standards for Private Yards: R‐10 and R‐14 Developments of three (3) or fewer dwelling units: Each individual dwelling shall have a private yard that is at minimum six hundred (600) square feet in size. Backyard patios and reciprocal use easements may be included in the calculation of private yard. ORDINANCE NO. 6090 8 Developments of four (4) or more dwelling units: Each ground‐related dwelling shall have a private yard that is at least two hundred fifty (250) square feet in size with no dimension less than eight feet (8') in width. An additional two hundred fifty (250) square feet of open space per unit shall be added to the required amount of common open space for each unit that is not ground related. Common Open Space or Park Substitutions: R‐10 and R‐14 See RMC 4‐1‐240. Sidewalks, Pathways, and Pedestrian Easements: R‐10 and R‐14 All of the following are required: 1. Sidewalks shall be provided throughout the neighborhood. The sidewalk may disconnect from the road, provided it continues in a logical route throughout the development. Permeable pavement sidewalks shall be used where feasible, consistent with the Surface Water Design Manual. 2. Front yards shall have entry walks that are a minimum width of three feet (3') and a maximum width of four feet (4'). 3. Pathways shall be used to connect common parks, green areas, and pocket parks to residential access streets, limited residential access streets, or other pedestrian connections. They may be used to provide access to homes and common open space. They shall be a minimum three feet (3') in width and made of paved asphalt, concrete, or porous material such as: porous paving stones, crushed gravel with soil stabilizers, or paving blocks with planted joints. Sidewalks or pathways for parks and green spaces shall be located at the edge of the common space to allow a larger usable green and easy access to homes. 4. Pedestrian Easement Plantings: Sshall be planted with plants and trees. Trees are required along all pedestrian easements to provide shade and spaced twenty feet (20') on center. Shrubs shall be planted in at least fifteen percent (15%) of the easement and shall be spaced no further than thirty‐six inches (36") on center. 5. For all homes that do not front on a residential access street, limited residential access street, a park, or a common green: Pedestrian entry easements that are at least fifteen feet (15') wide plus a five‐foot (5') sidewalk shall be provided. SECTION VIII. Subsection 4‐3‐100.B of the Renton Municipal Code is amended as follows: B. APPLICABILITY AND CONFLICTS: ORDINANCE NO. 6090 9 1. Applicability: a. The following development activities shall be required to comply with the provisions of this Section: i. All subdivisions including short plats; ii. All new structures; iii. Conversion of vacant land (e.g., to parking or storage lots); iv. Conversion of a residential use to a nonresidential use, or the conversion of a nonresidential use to a residential use; v. Alterations, enlargements, and/or restorations of Re‐use of a nonconforming structures, for any purpose, that has been vacant for more than one year; pursuant to RMC 4‐10‐050, Nonconforming Structures vi. Exterior modifications such as facade changes, windows, awnings, signage, etc., shall comply with the design requirements for the new portion of the structure, sign, or site improvement. b. Any of the activities listed in subsection B1a of this Section and occurring in the following overlay areas or zones shall be required to comply with the provisions of this Section: i. District ‘A’: All areas zoned Center Downtown (CD). ii. District ‘B’: All areas zoned Residential Multi‐Family (RMF), and assisted living and convalescent centers within the Resource Conservation (RC), Residential‐1 (R‐1), Residential‐4 (R‐4), Residential‐6 (R‐6), Residential‐8 (R‐8), ORDINANCE NO. 6090 10 Residential‐10 (R‐10), Residential‐14 (R‐14), and Residential Manufactured Home Park (RMH) zones. iii. District ‘C’: All areas zoned Urban Center (UC) or Commercial Office Residential (COR). iv. District ‘D’: All areas zoned Center Village (CV), Commercial Arterial (CA), Commercial Neighborhood (CN), or Commercial Office (CO), except for those properties included in the Automall District and used for small vehicle sales or a secondary use identified in RMC 4‐3‐040C1, Uses Permitted in the Renton Automall District. 2. Conflicts: Where there are conflicts between the design requirements in subsection E of this Section and other sections of the Renton Municipal Code, the regulations of this Section shall prevail. SECTION IX. The Ground Level Details provisions in subsection 4‐3‐100.E.5 of the Renton Municipal Code are amended as shown below. All other provisions in 4‐3‐100.E.5 remain in effect and unchanged. GROUND LEVEL DETAILS Intent: To ensure that buildings are visually interesting and reinforce the intended human‐scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Guidelines: The use of material variations such as colors, brick, shingles, stucco, and horizontal wood siding is encouraged. The primary building entrance should be made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting (illustration below). Detail features should also be used, to include things such as decorative entry paving, street furniture (benches, etc.), and/or public art. ORDINANCE NO. 6090 11 Standards: All Districts All of the following are required: 1. Human‐scaled elements such as a lighting fixture, trellis, or other landscape feature shall be provided along the facade’s ground floor. 2. Upper portions of building facades shall have clear windows with visibility into and out of the building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be fifty percent (50%). 3. Display windows shall be designed for frequent change of merchandise, rather than permanent displays. Display racks and fixtures may not obscure more than fifty percent (50%) of the window space. 4. Window coverings, such as blinds and curtains, must be functional, they may not be affixed so that they cannot be open and/or closed. All of the following are prohibited: 1. Tinted and dark glass, highly reflective (mirror‐type) glass and film. 2. Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways. a. A wall (including building facades and retaining walls) is considered a blank wall if: i. It is a ground floor wall or portion of a ground floor wall over six feet (6') in height, has a horizontal length greater than fifteen feet (15'), and does ORDINANCE NO. 6090 12 not include a window, door, building modulation or other architectural detailing; or ii. Any portion of a ground floor wall has a surface area of four hundred (400) square feet or greater and does not include a window, door, building modulation or other architectural detailing. b. If blank walls are required or unavoidable, they shall be treated. The treatment shall be proportional to the wall and use one or more of the following (illustration below): i. A planting bed at least five feet (5') in width abutting the blank wall that contains trees, shrubs, evergreen ground cover, or vines; ii. Trellis or other vine supports with evergreen climbing vines; iii. Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; iv. Artwork, such as bas‐relief sculpture, mural, or similar; or v. Seating area with special paving and seasonal planting. District A 1. Where windows or storefronts occur, they must only contain clear glazing. Tinted, dark, and highly reflective (mirror‐type) glass and film are prohibited. 2. Any facade visible to the public shall be comprised of at least seventy five percent (75%) transparent windows and/or doors for at least the portion of the ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). 3. Opaque signage is only allowed on or in no more than ten percent (10%) of the window space. Stenciled or other signage types that allow visibility into the ORDINANCE NO. 6090 13 building are encouraged and do not count toward the ten percent (10%) calculation of signage in windows. Districts B, C, and D 1. Any facade visible to the public shall be comprised of at least fifty percent (50%) transparent windows and/or doors for at least the portion of the ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). 2. Where windows or storefronts occur, they must principally contain clear glazing. Tinted, dark, and highly reflective (mirror‐type) glass and film are prohibited. SECTION X. Subsection 4‐4‐080.I of the Renton Municipal Code is amended as follows: I. DRIVEWAY DESIGN STANDARDS: 1. Driveway Location – Hazard Prohibited: No driveway shall be constructed in such a manner as to be a hazard to any existing street lighting standard, utility pole, traffic regulating device, fire hydrant, abutting street traffic, or similar devices or conditions. The cost of relocating any such street structure when necessary to do so shall be borne by the abutting property owner. Said relocation of any street structure shall be performed only through the dDepartment and person holding authority for the particular structure involved. 2. Driveway Spacing Based Upon Land Use: a. Industrial, Warehouse and Shopping Center Uses: ORDINANCE NO. 6090 14 i. The location of ingress and egress driveways shall be subject to approval of the City under curb cut permit procedures. ii. There shall be a minimum of forty feet (40') between driveway curb returns where there is more than one driveway on property under unified ownership or control and used as one premises. iii. Driveways shall not be closer than five feet (5') to any property line (except as allowed under subsection I9 of this Section, Joint Use Driveways). b. All Other Uses: i. The location of ingress and egress driveways shall be subject to approval of the Department of Community and Economic Development under curb cut permit procedures. ORDINANCE NO. 6090 15 ii. Driveway width (aggregate width if more than one driveway exists) shall not exceed forty percent (40%) of the street frontage. iii. Driveways shall not be closer than five feet (5') to any property line (except as allowed under subsection I9 of this Section, Joint Use Driveways). iv. There shall be a minimum of eighteen feet (18') between driveway curb returns where there is more than one driveway on property under single ownership or control and used as one premises. 3. Driveway Width Maximums Based Upon Land Use: a. Industrial, Warehouse and Shopping Center Uses: i. Driveway width (aggregate width if more than one driveway exists) shall not exceed forty percent (40%) of the street frontage. ii. The width of any driveway shall not exceed fifty feet (50') exclusive of the radii of the returns or taper section, the measurement being made parallel to the centerline of the street roadway. iii. The Administrator may grant an exception upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reasonable alternative. b. Single Family and Duplex Uses: The maximum width of single loaded garage driveways shall not exceed nine feet (9') and double loaded garage driveways shall not exceed sixteen feet (16'). If a garage is not present on the subject property the maximum width of a driveway shall be sixteen feet (16'). ORDINANCE NO. 6090 16 c. All Other Uses: The width of any driveway shall not exceed thirty feet (30') exclusive of the radii of the returns or the taper section, the measurement being made parallel to the centerline of the street roadway. 4. Maximum Number of Driveways Based Upon Land Use: a. Industrial, Warehouse and Shopping Center Uses: There shall be no more than two (2) driveways for each three hundred thirty feet (330') of street frontage serving any one property or among abutting properties under unified ownership or control. For each additional one hundred sixty five feet (165') of street frontage an additional driveway may be allowed. b. All Other Uses: There shall be no more than one driveway for each one hundred sixty five feet (165') of street frontage serving any one property or among properties under unified ownership or control; for each one hundred sixty five feet (165') of additional street frontage another driveway may be permitted subject to the other requirements of this Section. 5. Driveway Angle – Minimum: The angle between any driveway and the street roadway or curb line shall not be less than forty‐five degrees (45°). 6. Driveway Grades – Maximum Based Upon Land Use: a. Single Family and Two (2) Family Uses: Maximum driveway slopes shall not exceed fifteen percent (15%); provided, that driveways exceeding eight percent (8%) shall provide slotted drains at the lower end with positive drainage discharge to restrict runoff from entering the garage/residence crossing any public sidewalk entering public or private streets, alleys, sidewalks, and/or pedestrian ORDINANCE NO. 6090 17 pathways. To exceed fifteen percent (15%), a variance from the Administrator is required. b. All Other Uses: Maximum driveway slope shall not exceed eight percent (8%). The Administrator may allow a driveway to exceed eight percent (8%) slope but not more than fifteen percent (15%) slope, upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reasonable alternative. To exceed fifteen percent (15%), a variance from the Administrator is required. 7. Surfacing Requirements for Driveways and Driveway Encroachments: Driveways and driveway approaches in the public right‐of‐way shall be paved with asphaltic concrete, cement, or equivalent alternative materials of a permanent nature as approved by the Public Works Department. Surfacing treatments that provide increased infiltration opportunities, such as permeable pavements, shall be used where feasible and consistent with the Surface Water Design Manual. 8. Two (2) Track Driveway Design: For single‐family lots, driveways may provide a pervious strip in the center in order to reduce the impervious surface of driveways. A two (2) track driveway does not allow for an increase in allowed driveway width. 9. Joint Use Driveways: a. Benefits: Joint use driveways reduce the number of curb cuts along individual streets and thereby improve safety and reduce congestion while ORDINANCE NO. 6090 18 providing for additional on‐street parking opportunities. Joint use driveways should be encouraged when feasible and appropriate, particularly when there is existing underutilized parking proximate to a subject site. b. Where Permitted: Adjoining lots may utilize a joint use driveway accessed from a public street where such joint use driveway reduces the total number of driveways entering the street network, subject to the approval of the Department of Community and Economic Development. Joint use driveways must be created upon the common property line of the properties served or through the granting of a permanent access easement when said driveway does not exist upon a common property line. If the adjoining lots are residential, the joint use driveway shall provide access to no more than two (2) lots and each lot shall abut a public street. Joint use access to the driveway shall be assured by easement or other legal form acceptable to the City. 10. Driveways Providing Access or Connection To and From the State Highway System: Any driveway providing access or connection to or from the state highway system shall be designed and installed pursuant to RMC 4‐6‐ 060F910. SECTION XI. 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