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Chapter 9
PERMITS – SPECIFICCHAPTER GUIDE: This Chapter contains detailed permit process and evaluation criteria for the various permits and requests, including, but not limited to, conditional use permits, site plan review, variances, etc. While chapter 4-9 RMC contains the permit-specific review criteria and procedures, chapter 4-8 RMC provides general procedural, submittal, and appeal procedures. Both chapters should be reviewed in tandem.
This Chapter last amended by Ord. 5387, June 9, 2008.
4-9-010 ANNEXATION PROCEDURES:
It is the intention of the City Council that provisions of State law governing annexations as set forth in chapter 35A.14 RCW as it presently exists or as it may be amended shall control and that this section shall be supplemental thereto. Upon filing a Notice of Intent to Commence Annexation Proceedings with the City Clerk, as referenced in RMC 4-8-120D, the submitting party shall simultaneously pay an annexation processing fee in the amount stipulated in RMC 4-1-170A to compensate the City for administrative cost and expense in the processing, checking and handling of such annexation request, which fee shall likewise include the publication and posting expense of any notice pertaining to the annexation. (Ord. 5169, 12-5-05)
4-9-015 AQUIFER PROTECTION AREA PERMITS:
A. PURPOSE:
The purpose of this Section is to protect aquifers used as potable water supply sources by the City from contamination by hazardous materials. This Section establishes permit procedures, operating permits, closure permits, and uniform standards for release reporting, emergency response, closure and abandonments. (Amd. Ord. 4992, 12-9-2002)
B. APPLICABILITY:
1. Operating Permits Required: No person, persons, corporation, or other legal entities shall operate a facility in an aquifer protection area (APA) (see RMC 4-3-050Q1, Maps, Aquifer Protection) without first obtaining an operating permit from the Department. Any person who owns more than one facility in a single zone of the APA shall have the option of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Section are applicable to each facility individually.
2. Closure Permits Required in Zone 1: No owner of a facility in Zone 1 shall close a facility without first obtaining a closure permit to do so from the Department. The owner of a facility shall obtain a closure permit before operations requiring an operating permit cease at the facility or before the facility is sold or otherwise transferred to a new owner.
3. Reporting of Unauthorized Release of Hazardous Materials: All persons shall comply with RMC 4-3-050H10 and subsection G of this Section relating to unauthorized release of hazardous materials. (Amd. Ord. 4992, 12-9-2002)
C. EXEMPTIONS – OPERATING AND CLOSURE PERMITS:
The following land uses and activities do not require operating or closure permits, but may require compliance with other standards and regulations in RMC 4-3-050, Critical Areas Regulations.
1. Pipelines, Roadways, Railroads: Pipelines including storm and sanitary sewers and product pipelines, interstate freeways, State highways, arterials, local access streets, and railroads.
2. Cleanups, Monitoring and/or Studies under State or Federal Supervision: Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency.
3. Use, Storage, and Handling of Specific, Listed Hazardous Materials That Do Not Present a Risk to the Aquifer:
a. Hazardous Materials That Do Not Present a Risk to the Aquifer: Use, storage, and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Department are exempt from all regulation under this Section with the exception of the requirement to list these hazardous materials on the hazardous materials inventory statement as provided by RMC 4-8-120D15a, Operating Permit Application, Aquifer Protection Area.
b. Sale of Hazardous Materials in Original, Small Containers: Hazardous materials offered for sale in their original containers of five (5) gallons or less.
c. Hazardous Materials in De Minimis Amounts: Hazardous materials use, storage, and handling in de minimis amounts (aggregate quantities totaling twenty (20) gallons or less at the facility). Hazardous material weights shall be converted to volumes for purposes of determining whether de minimis amounts are exceeded. Ten (10) pounds shall be considered equal to one gallon.
d. Hazardous Materials Contained in Properly Operating Sealed Units: Hazardous materials contained in properly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use.
e. Residential Use, Storage, and Handling of Hazardous Materials: Noncommercial residential use, storage, and handling of hazardous materials provided that no home occupation business (as defined by chapter 4-11 RMC, Definitions) that uses, stores, or handles more than twenty (20) gallons of hazardous material is operated on the premises.
f. Fuel Tanks and Fluid Reservoirs Attached to Motor Vehicle: Hazardous materials in fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle.
g. Fuel Oil: Fuel oil used in existing heating systems.
h. Emergency – Governmental Organization: Public interest emergency use, storage, and handling of hazardous materials by governmental organizations.
i. Water Treatment and Water System Use: Hazardous materials used, stored, and handled by the City of Renton in water treatment processes and water system operations.
j. Fueling of Equipment Not Licensed for Street Use: Fueling of equipment not licensed for street use provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact with soil, surface water, or groundwater.
k. Hazardous Materials in Equipment Fuel Tanks: Hazardous materials in fuel tanks attached to private or commercial equipment and used directly in the operation of that equipment.
l. Hazardous Materials in Aerosol Cans.
m. Hazardous Materials at Specified Facilities: Hazardous materials at multi-family dwellings, hotels, motels, retirement homes, convalescent centers/nursing homes, mobile or manufactured home parks, group homes, and daycare family homes or centers when used by owners and/or operators of such facilities for on-site operation and maintenance purposes.
n. Janitorial Supplies: Hazardous materials used for janitorial purposes at the facility where the products are stored.
o. Personal Care Products: Hazardous materials used for personal care by workers or occupants of the facility at which the products are stored including but not limited to soaps, hair treatment, grooming aids, health aids, and medicines. (Amd. Ord. 4992, 12-9-2002)
D. ADMINISTRATION:
The Department Administrator, or his/her designee, shall have the power and authority to administer and enforce the provisions of this Chapter. (Amd. Ord. 4992, 12-9-2002)
E. OPERATING PERMIT:
1. Submittal Requirements and Fees: Submittal requirements shall be as listed in chapter 4-1 RMC, Administration and Enforcement, and RMC 4-8-120, Submittal Requirements – Specific to Application Type. There is no fee for an operating permit. (Amd. Ord. 4992, 12-9-2002)
2. Operating Permit Criteria – Zones 1 and 2:
a. Criteria – Zones 1 and 2: The Department shall not issue an operating permit for a facility unless adequate plans, specifications, test data, and/or other appropriate information has been submitted by the owner showing that the proposed design and construction of the facility meets the intent and provisions of this Section and RMC 4-3-050, Critical Areas Regulations, and will not impact the short term, long term or cumulative quantity or quality of groundwater.
b. Additional Criteria – Zone 1: In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of hazardous materials stored, handled, treated, used, or produced in excess of quantities reported in the initial aquifer protection area operating permit with the following exception: An increase in the quantity of hazardous
materials is allowed up to the amount allowed for a new facility in Zone 1 as provided by RMC 4-3-050C8d(i), Prohibited Activities – Aquifer Protection Areas.
3. Operating Permits – Conditions for Zone 1 and 2: Specific conditions for operating permits issued to facilities in Zones 1 and 2 of an APA are described in RMC 4-3-050H, Aquifer Protection. The following general conditions in subsections E3a, b, c, and d, and E4 through E6 of this Section shall be included as part of any operating permit issued pursuant to this Section:
a. In-House Inspection and Maintenance: Procedures for the in-house inspection and maintenance of containment devices and areas where hazardous materials are stored, handled, treated, used, and produced shall be identified in the operating permit for each facility. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be submitted to the Department annually and shall be available for inspection. Inspection and maintenance logs shall be maintained on-site by the owner for a period of at least three (3) years from the date the monitoring was performed.
b. Changes to Facility – Responsibility to Report: The permittee shall report to the Department within fifteen (15) days after any changes in a facility including:
i. The storage, handling, treatment, use, or processing of new hazardous materials;
ii. Changes in monitoring procedures; or
iii. The replacement or repair of any part of a facility that is related to the hazardous material(s).
c. Unauthorized Release – Responsibility to Report: The permittee shall report to the Department any unauthorized release occurrence, within twenty four (24) hours of its detection, in accordance with subsection H2a of this Section.
d. Compliance with Inspection Report: Within thirty (30) days of receiving an inspection report from the Department, the operating permit holder shall file with the Department a plan and time schedule to implement any required modifications to the facility or to the monitoring plan needed to achieve compliance with the intent of this Chapter or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Department.
4. Effect of Operating Permit: An operating permit, issued by the Reviewing Official, shall be effective for one year. The Reviewing Official shall not issue a permit to operate a facility until he/she determines that the facility complies with the provisions of these regulations. If an inspection of the facility reveals noncompliance, then the Responsible Official must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit. The facility owner shall apply to the Department for permit renewal at least sixty (60) days prior to the expiration of the permit.
5. Operating Permit Renewal: All aquifer protection area operating permits must be renewed by the Department on an annual basis.
6. Transferability: Operating permits may be transferred to a new facility owner if the new facility owner does not change any conditions of the permit, the transfer is registered with the Department within thirty (30) days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership.
F. CLOSURE PERMIT:
1. Submittal Requirements and Fees: Submittal requirements shall be as listed in chapter 4-1 RMC, Administration and Enforcement, and RMC 4-8-120, Submittal Requirements – Specific to Application Type. There is no fee for a closure permit.
2. Closure Permits and Permit Conditions – Zone 1:
a. Closure Permit Application Required for Facilities: A closure permit application shall include:
i. A list of hazardous materials to be removed from premises, the method of removal, and the final destination (include product names and quantities);
ii. A list of potentially contaminated equipment and/or containment devices to be removed from premises and a description of the method of disposal or recycling;
iii. A plan prepared by a professional engineer or geologist licensed in the State of Washington to investigate the facility to determine whether it is free of contamination exceeding Model Toxics Control Act (MTCA) standards (chapter 173-340 WAC), to report findings to the Water Utility, and to describe remediation needed, if any, according to said standards and RMC 4-9-015G;
iv. A written agreement between the owner, the property owner, and the purchaser or other recipient, in lieu of subsections F2a(i) and (ii) of this Section, stating that the owner will not remove hazardous materials and containment devices from the facility because all agree that the materials and devices are needed to continue to operate the facility;
v. A schedule for implementation of subsections F2a(i) and (ii) of this Section and the investigation described in subsection F2a(iii).
b. No Detectable Unauthorized Releases: The owner of a facility being closed shall demonstrate to the satisfaction of the Department that no detectable unauthorized release has occurred or that unauthorized releases have been cleaned up. Cleanup shall be considered to be complete when, according to the best available scientific evidence, the risk of causing the city water supply to fail to meet Washington State drinking water quality standards has been removed and the cleanup meets the Model Toxics Control Act Cleanup Regulation (chapter 173-340 WAC). This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities.
c. Determination of Unauthorized Release: If an unauthorized release is determined to have occurred, the facility owner shall comply with subsection G of this Section, Unauthorized Releases.
d. Completion of Facility Closure: Facility closure will be accepted as complete by the Department upon implementation of the closure permit conditions and compliance with all other provisions of the Section.
e. Time to Complete Closure: Facility closure must be completed according to a timetable and permit conditions determined by the Department and shall, in all cases, be completed within one year of the date when a closure permit is required. (Amd. Ord. 4992, 12-9-2002)
G. UNAUTHORIZED RELEASES:
1. Unauthorized Release Prohibited, Reporting Required: Hazardous materials shall not be spilled, leaked, emitted, discharged, disposed, or allowed to escape or leach into the air, into groundwater, surface water, surface soils or subsurface soils. Exception: Intentional withdrawals of hazardous materials for the purpose of legitimate sale, use, or disposal and discharges permitted under Federal, State, or local law. All unauthorized releases as defined in RMC 4-11-210, Definitions U, shall be reported to the Department within twenty four (24) hours of discovery that the release has occurred. Unauthorized releases shall be reported by the person or persons responsible for the release and/or the owner of the property on which the release has occurred.
2. Unauthorized Releases from Facilities – Report Time and Content:
a. Requirement to Report within Twenty Four (24) Hours: Unauthorized releases shall be reported to the Department within twenty four (24) hours of discovery of the occurrence and shall be recorded in the owner’s inspection and maintenance log.
b. Unauthorized Release Report: The report shall contain the following information that is known at the time of filing the report:
i. List of type, quantity, and concentration of hazardous materials released.
ii. The results of all investigations completed at the time to determine the extent of soil or groundwater or surface water contamination because of the release.
iii. Method of cleanup implemented to date and proposed cleanup actions.
iv. Method and location of disposal of the released hazardous material and any contaminated soils, groundwater, or surface water.
v. Proposed method of repair or replacement of the containment device.
vi. Facility owner’s name and telephone number.
c. Cleanup Progress Reports: Until cleanup is complete, the owner shall submit reports to the Department every month or at a more frequent interval specified by the Department. The reports shall include the information requested in this Section. Cleanup shall be considered to be complete when, according to the best available scientific evidence, the risk of causing the City water supply to fail to meet State drinking water quality standards has been removed and the cleanup meets the Model Toxics Control Act Cleanup Regulation (chapter 173-340 WAC).
3. Monitoring Results:
a. Detection and Prevention of Further Contamination: Semi-annually, or more frequently, the Department may review all site monitoring results submitted by owners in an APA. The Department may require the owner to immediately accomplish the following if a hazardous material is detected in an owner’s monitoring well(s), surface water runoff, and/or site soils and the concentration exceeds Model Toxics Control Act Cleanup Standards as provided in chapter 173-340 WAC or if, according to the best available scientific information, the concentration may cause the City water supply to fail to meet State drinking water quality standards:
i. Locate and determine the source of the hazardous material detected.
ii. Stop and prevent any further unauthorized release(s), of the hazardous material detected, if under the control of the owner.
iii. Comply with the requirements for an unauthorized release(s) from a facility. (Amd. Ord. 4992, 12-9-2002)
b. Owners Proving Nonresponsible: The owner shall not be subject to this mandatory action specified in subsection G3a of this Section, Detection and Prevention of Further Contamination, if the owner can present acceptable technical data that substantiates that it is not responsible for the violation.
c. Remedy: The facility owner or other person responsible for an unauthorized release and/or the owner of the property on which a release of hazardous materials has occurred shall initiate and complete all actions necessary to remedy the effects of such release on the City of Renton water supply at no cost to the City. If an unauthorized release causes or is expected, according to the best available scientific evidence, to cause the drinking water supply of the City of Renton to fail to comply with State drinking water quality standards, and if the facility owner or other person responsible for an unauthorized release and/or the owner of the property on which the release has occurred fails to address the unauthorized release in a timely manner, the Department or its authorized agents shall have the authority to implement removal or remedial actions. Such actions may include, but not be limited to, the prevention of further groundwater contamination; installation of groundwater monitoring wells; collection and laboratory testing of water, soil, and waste samples; cleanup and disposal of hazardous materials, and remediation of soil and/or groundwater. The facility owner or other person responsible for an unauthorized release and/or the owner of the property on which the release has occurred shall be responsible for any costs incurred by the Department or its authorized agents in the conduct of such remedial actions and shall be responsible for City expenses incurred due to the unauthorized release including but not limited to removal and/or remedial actions, water supply operations, replacement of wells, and water treatment.
d. Additional Federal, State, and Local Laws: Reporting a release to the Department does not exempt or preempt any other reporting requirements under Federal, State, or local laws.
H. PERMIT SUSPENSION OR REVOCATION:
1. Operating Permit Suspension: The Department may, without warning or hearing, suspend an operating permit if continued operation of the facility constitutes an immediate threat to the aquifer or if violations have not been corrected within the time specified in an inspection report. Suspension is effective upon service of notice in writing to the owner or the person in charge at the facility that the permit is immediately suspended and that an opportunity for a hearing on the validity of the suspension will be provided if a written request for hearing is filed with the Administrator by the owner within ten (10) days after the suspension. The filing of a written request for hearing shall not stay the effectiveness of the suspension. When an operating permit is suspended, facility operations shall immediately cease.
2. Operating Permit Reinstatement After Suspension: The owner whose operating permit has been suspended may submit to the Department, within ten (10) days of notice of permit suspension or within twenty (20) days of a hearing, if one is requested, a written application for an inspection and reinstatement of a suspended permit. The application shall include a statement signed by the applicant that, in his or her opinion, the conditions causing suspension of the permit have been corrected. The Department shall, within five (5) working days following the receipt of the application, inspect the facility. The permit shall be reinstated within five (5) working days of the inspection if the facility is in complete compliance with RMC 4-3-050, Critical Areas Regulations, as determined by the Department.
3. Operating Permit Revocation: The Department may revoke an operating permit if the owner does not apply for a reinspection or hearing within ten (10) days of permit suspension, if the owner does not apply for a reinspection within twenty (20) days of a hearing, for repeated violations of any of the requirements of RMC 4-3-050, Critical Areas Regulations, for interference with the Department in the performance of duty, for submitting false or inaccurate information, and for intentional unauthorized release of hazardous materials within the APA. Prior to revocation, the Department shall notify, in writing, the owner of the specific reason(s) for which the permit is to be revoked and that the permit shall be revoked at the end of the tenth day following service of such notice unless a written request for hearing with the Administrator is filed with the Department by the owner within ten (10) days after the date of service, in which case the revocation shall be stayed until the issuance of a final decision following the hearing. When an operating permit is revoked, facility operations shall immediately cease. The decision as to whether an unauthorized release of hazardous materials by the owner was intentional shall be made by the Administrator of the Department of Building/Planning/Public Works or his or her designee.
4. Application for Closure Permit Following Operating Permit Revocation: The owner of a facility whose operating permit has been revoked shall immediately apply for a closure permit and shall comply with closure requirements and closure permit conditions according to a schedule determined by the Department.
5. Application for Operating Permit Following Revocation: The owner of a facility for which the operating permit has been revoked may make written application for a new permit. The owner of a facility for which the operating permit has been revoked for reasons including but not limited to accidental or intentional unauthorized release of hazardous materials into the APA may be permanently banned by the Administrator from obtaining an operating permit for the same facility or another facility at any location in the APA.
I. APPEAL:
Administrative determinations or permit decisions shall be subject to appeal pursuant to RMC 4-8-110, Appeals. (Ord. 4851, 8-7-2000)
4-9-020 COMPREHENSIVE PLAN ADOPTION AND AMENDMENT PROCESS:
A. PURPOSE: (Reserved)
B. APPLICABILITY:
Proposed amendments may be submitted by the Mayor, Planning Commission, City Council or private parties. (Ord. 4437, 2-21-1994)
1. Exemptions: (Reserved)
C. AUTHORITY: (Reserved)
D. TIMING FOR AMENDMENTS:
The City Council will consider amendments to the Comprehensive Plan not more than annually except for emergencies. Formal application for
Comprehensive Plan amendments shall be submitted by December 15th for consideration the following year. Application for preapplication review is recommended to occur by October 1st. Comprehensive Plan amendments shall be given the highest priority in the Planning Commission’s work program, and review shall be initiated within the first quarter of the work year. (Ord. 4437, 2-21-1994; Amd. Ord. 4794, 9-20-1999)
E. SUBMITTAL REQUIREMENTS AND FEES:
Shall be as listed in RMC 4-1-170, Land Use Review Fees, and RMC 4-8-120C, Land Use Applications. A fee shall only be charged for private amendments. (Ord. 4722, 5-11-1998; Amd. Ord. 4794, 9-20-1999)
F. PUBLIC NOTICE AND COMMENT PERIOD: (Reserved)
G. REVIEW CRITERIA:
The proposal shall demonstrate that the requested amendment is timely and meets at least one of the following criteria:
1. The request supports the vision embodied in the Comprehensive Plan, or
2. The request supports the adopted business plan goals established by the City Council, or
3. The request eliminates conflicts with existing elements or policies, or
4. The request amends the Comprehensive Plan to accommodate new policy directives of the City Council.
Proposals that include a concurrent rezone request shall also comply with the decision criteria for change of zone classification in RMC 4-9-180F for the rezone portions of the application. (Amd. Ord. 4794, 9-20-1999)
H. REVIEW PROCESS:
1. Preapplication Review: The City Council shall review preapplications for Comprehensive Plan amendments submitted by October 1st prior to determining the Planning Commission annual work program and before referring Comprehensive Plan amendment applications to the Planning Commission. Preapplication review is recommended to advise applicants of City Council policy directives prior to submission of a formal application. The City Council shall consider whether proposed amendments are timely and satisfy the review criteria established in RMC 4-9-020G. When an application is found to meet these criteria, the City Council shall authorize the inclusion of the application in the Planning Commission’s work program. Authorization does not imply affirmative support of an application, but merely agreement to consider the application on its merits.
2. Review of Formal Applications for Comprehensive Plan Amendments: The Planning Commission shall review technical studies and other pertinent information as needed prior to making a recommendation to the City Council on the merits of the application. If a Comprehensive Plan amendment application is submitted without a preapplication authorization, the review criteria in RMC 4-9-020G shall be considered by the Planning Commission in making its recommendation to the City Council. (Ord. 4437, 2-21-1994; Amd. Ord. 4794, 9-20-1999)
I. FINAL PLAN ACTION:
The Comprehensive Plan and any amendments shall be adopted by ordinance of the City Council after public hearing by the Council. (Ord. 3976, 3-3-1986)
J. CONCURRENT REVIEW OF REZONE PROPOSALS:
To maintain consistency with the Comprehensive Plan, any rezoning that would be required by approval of the proposed amendments to the Comprehensive Plan shall be considered concurrently with the proposed Comprehensive Plan changes. (Ord. 4437, 2-21-1994)
K. PERIODIC CITY REVIEW OF PLAN REQUIRED:
In order for the Plan to remain effective, it should be reviewed periodically. Conditions might change, and unforeseen events may occur, which might necessitate a re-evaluation. It is recommended that the Comprehensive Plan should be reviewed in its entirety at least once every ten (10) years, as many of the goals, objectives and policies supplement and complement each other, but it may also be revised through annual amendments as allowed by the Growth Management Act, or in an emergency. (Ord. 4437, 2- 21-1994)
4-9-025 TITLE 4 DEVELOPMENT REGULATION REVISION PROCESS:
A. PURPOSE:
In accordance with RCW 36.70A.470, a summary containing written comments on suggested development regulation amendments shall be coordinated by the Department of Economic Development, Neighborhoods, and Strategic Planning (EDNSP). The text revision process is the means either to suggest a change or to identify a deficiency, or both, in the development regulations. For the purposes of this section, “deficiency” refers to the absence of required or potentially desirable contents of the development regulations. A deficiency does not refer to whether a development regulation addresses a project’s probable specific adverse environmental impacts that could be mitigated in the project review process.
B. APPLICABILITY:
Title 4 development regulation amendment proposals will be processed in accordance with this section, unless specifically exempted below. Any interested party, including applicants, citizens, and government agencies, may submit items to the Title 4 development regulation amendment process. Comprehensive Plan amendments and Rezones are treated through separate processes.
C. EXEMPTION:
Imperative Title 4 amendments designated by the Mayor, City Council, Planning Commission, or City management staff may be given a higher priority and processed outside of the annual Title 4 amendment process outlined in this section.
D. AUTHORITY:
The Planning Manager of EDNSP shall coordinate the annual Title 4 development regulation amendment process.
E. PROCESS:
1. All proposed amendments relating to Title 4 development regulations shall be reviewed by EDNSP and considered for an amendment to Title 4 development regulations.
2. The deadline for submitting proposed amendments is December 15th for consideration in the amendment process for the following year.
3. By the first business day of May, the EDNSP Department shall issue a staff report response to all proposed amendments. Responses shall include a recommendation indicating whether or not the proposed amendment(s) are to be included in that year’s recommended Title 4 development regulation update. If the proposed changes will not be included in the next transmittal to Council, EDNSP shall indicate the reason(s) why, and shall inform the proponent that they may petition the Council during the review process.
4. By the first business day of May, EDNSP shall forward to the Council a report including all proposed amendments and comments with a staff response.
5. Upon receipt of the Title 4 development regulation amendment report, the City Clerk’s Office shall mail written notice to all proponents of amendment requests containing the Council review process for the current year, and informing proponents that they may petition the Council to consider amendment proposals that were not recommended. This notice shall include the schedule of dates for public hearings, committee meetings, and any other opportunities for public testimony on the current year’s Title 4 development regulations update.
6. Comments relating to Title 4 development regulations shall be reviewed by the appropriate City departments. Those that also require a Comprehensive Plan amendment shall be forwarded to EDNSP and considered for an amendment to the Comprehensive Plan pursuant to RMC 4-9-020.
7. Title 4 amendment proposals that are rejected by the City shall not be reconsidered, unless a compelling case for changed circumstances can be made, for a period of two (2) years. Proponents of Title 4 amendment proposals shall be notified in writing, once the status of the proposal is resolved.
F. SUBMITTAL REQUIREMENTS:
A City of Renton submittal form shall be submitted for a Title 4 development regulation amendment in order to be formally considered.
G. PUBLIC NOTICE AND COMMENT PERIOD:
See RMC 4-8-080H, and RMC 4-8-090.
The timeline for notifying the public of proposed Development Regulation amendments shall be as described in the Type X – Land Use Permits table of RMC 4-8-080H, unless Planning Commission review is deemed to be unnecessary. In that case, the timeline for the proposed development regulation amendment will be governed by Type IX permits. (Ord. 4975, 7-1-2002)
4-9-030 CONDITIONAL USE PERMITS:
A. PURPOSE OF CONDITIONAL USE PERMIT AND WHEN REQUIRED:
The purpose of a conditional use permit is to allow certain uses in districts from which they are normally prohibited by this Chapter when the proposed uses are deemed consistent with other existing and potential uses within the general area of the proposed use. Except as provided in this Section, a conditional use permit may not reduce the requirements of the zone in which the use is to be located. (Ord. 3599, 1-11-1982)
1. Exemptions from Permit Requirements: (Reserved)
B. WHO MAY APPLY:
A property owner, or his duly authorized agent, may file an application for a conditional use permit where the proposed use or development requires any such permit as set forth in RMC 4-2-060, Zoning Use Tables. (Ord. 3463, 8-11-1980, Amd. Ord. 4648, 1-6-1997)
C. CITY AUTHORITY:
The Hearing Examiner or the Zoning Administrator, as specified in RMC 4-2-060, Zoning Use Tables, shall have the authority to permit conditional uses.
D. APPLICANT’S RESPONSIBILITY:
The application shall set forth fully the grounds and the facts justifying the granting of the conditional use permit. (Ord. 4404, 6-7-1993)
E. SUBMITTAL REQUIREMENTS AND FEES:
Shall be as listed in RMC 4-1-170, Land Use Review Fees, and 4-8-120C, Land Use Applications. (Ord. 4722, 5-11-1998)
F. PUBLIC NOTICE AND COMMENT PERIOD REQUIRED PRIOR TO ADMINISTRATIVE DECISIONS:
Notice of the application shall be given pursuant to RMC 4-8-090, Public Notice Requirements. A fourteen (14) day comment period shall be provided prior to any final action by the City of the application for the administrative conditional use permit. (Ord. 4404, 6-7-1993)
G. DECISION CRITERIA:
The Hearing Examiner or Zoning Administrator shall consider the following factors, among all other relevant information:
1. Comprehensive Plan: The proposed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or ordinance of the City of Renton.
2. Community Need: There shall be a community need for the proposed use at the proposed location. In the determination of community need the Hearing Examiner shall consider the following factors, among all other relevant information:
a. The proposed location shall not result in either the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use.
b. That the proposed location is suited for the proposed use.
3. Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. The following site requirements shall be required: (Ord. 3599, 1-11-1982)
a. Lot Coverage: Lot coverage in residential districts (SF and MR) shall not exceed fifty percent (50%) of the lot coverage of the zone in which the proposed use is to be located. Lot coverage in all other zones shall conform to the requirements of the zone in which the proposed use is to be located. (Ord. 4404, 6-7-1993)
b. Yards: Yards shall conform to the requirements of the zone in which the proposed use is to be located. Additions to the structure shall not be allowed in any required yard.
c. Height: Building and structure heights shall conform to the requirements of the zone in which the proposed use is to be located. Spires, belltowers, public utility antennas or similar structures may exceed the height requirement upon approval of a variance. Building heights should be related to surrounding uses in order to allow optimal sunlight and ventilation, and minimal obstruction of views from adjacent structures.
4. Compatibility: The proposed use shall be compatible with the residential scale and character of the neighborhood. (Ord. 3599, 1-11-1982)
5. Parking: Parking under the building structure should be encouraged. Lot coverage may be increased to as much as seventy five percent (75%) of the lot coverage requirement of the zone in which the proposed use is located if all parking is provided underground or within the structure. (Ord. 3903, 4-22-1985)
6. Traffic: Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use and surrounding area shall be reviewed for potential effects on, and to ensure safe movement in, the surrounding area. (Ord. 3599, 1-11-1982)
7. Noise, Glare: Potential noise, light and glare impacts shall be evaluated based on the location of the proposed use on the lot and the location of on-site parking areas, outdoor recreational areas and refuse storage areas. (Ord. 3599, 1-11-1982)
8. Landscaping: Landscaping shall be provided in all areas not occupied by buildings or paving. The Hearing Examiner may require additional landscaping to buffer adjacent properties from potentially adverse effects of the proposed use. (Ord. 3599, 1-11-1982)
9. Accessory Uses: Accessory uses to conditional uses such as day schools, auditoriums used for social and sport activities, health centers, convents, preschool facilities, convalescent homes and others of a similar nature shall be considered to be separate uses and shall be subject to the provisions of the use district in which they are located.
10. Conversion: No existing building or structure shall be converted to a conditional use unless such building or structure complies, or is brought into compliance, with the provisions of this Chapter.
11. Public Improvements: The proposed use and location shall be adequately served by and not impose an undue burden on any public improvements, facilities, utilities and services. Approval of a conditional use permit may be conditioned upon the provision and/or guarantee by the applicant of necessary public improvements, facilities, utilities and/or services. (Ord. 3599, 1-11-1982)
H. ADDITIONAL DECISION CRITERIA FOR KENNELS:
The Hearing Examiner, in reviewing kennels, may require additional setbacks, fencing, screening, or soundproofing requirements as he deems necessary to insure the compatibility of the kennel with the surrounding neighborhood. (Ord. 3927, 7-15-1985)
1. Decision Criteria: Factors to be considered in determining such compatibility are:
a. Statements regarding approval/disapproval of surrounding neighbors relative to maintenance of a kennel at the address applied for.
b. Past history of animal control complaints relating to the dogs and cats of the applicant at the address for which the kennel is applied for.
c. Facility specifications/dimensions in which the dogs and cats are to be maintained.
d. Characteristics of animals to be kept: size, type.
e. The zoning classification of the premises on which the kennel is maintained.
f. Compliance with the requirements of RMC 4-4-010, Standards and Review Criteria for Keeping Animals.
2. Waiting Period Following Revocation or Refusal to Renew: For a period of one year after the date of revocation or refusal to renew, conditional use permits shall not be issued for kennels to applicants who have previously had such permits revoked or renewal refused. In addition, the applicant must meet the requirements of this Section or any provisions of the animal control authority. (Ord. 3927, 7-15-1985)
I. ADDITIONAL DECISION CRITERIA FOR SECURE COMMUNITY TRANSITION FACILITIES:
The reviewing official shall consider the following criteria in determining whether to issue a conditional use permit for secure community transition facilities.
1. Alternative locations were reviewed and consideration given to sites that are farthest removed from any risk potential activity. PC recommends amending to address DSHS comments that the original language creates a more restrictive standard.
2. There is no resulting concentration of residential facility beds operated by the Department of Corrections or the Mental Health Division of the Department of Social and Health Services, the number of registered sex offenders classified as Level II or Level III and the number of sex offenders registered as homeless in a particular neighborhood, community, jurisdiction or region.
3. Adequate buffering is provided from abutting and adjacent uses.
4. Adequate security is demonstrated by the applicant.
5. Public input is provided during the siting process. (Ord. 4982, 12-9-2002)
J. SPECIAL DECISION CRITERIA FOR WIRELESS COMMUNICATION FACILITIES IN LIEU OF STANDARD CRITERIA:
The governing authority shall consider the following factors in determining whether to issue a conditional use permit, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if the governing authority, concludes that the goals of RMC 4-4-140, Wireless Communication Facilities, are better served thereby. (Ord. 4689, 11-24-1997)
1. Height of the proposed tower.
2. Proximity of the tower to residential structures and residential district boundaries.
3. Nature of uses on adjacent and nearby properties.
4. Surrounding topography.
5. Surrounding tree coverage and foliage.
6. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
7. Proposed ingress and egress.
8. Potential noise, light and glare impacts.
9. Availability of suitable existing towers and other structures.
10. Compatibility with the general purpose, goals, objectives and standards of the Comprehensive Plan, the Zoning Ordinance and any other plan, program, map or ordinance of the City. (Ord. 4689, 11-24-1997)
K. SPECIAL DECISION CRITERIA FOR STAND ALONE RESIDENTIAL USES IN THE NE 4TH, SUNSET, OR PUGET BUSINESS DISTRICTS:
1. Stand alone residential use is not allowed to be located within one hundred fifty feet (150') of an adjacent or abutting arterial street, or in the Rainier Avenue Business District. The arterial streets are to include Sunset Boulevard, Duvall Avenue, Anacortes Avenue, or Union Avenue in the Sunset Business District; NE 4th Street, Union Avenue, or Duvall Avenue in the NE 4th Street Business District; and Puget Drive or South Benson Road in the Puget Drive Business District, as shown on the Business District Maps in RMC 4-3-040.
2. Stand alone residential use may be allowed when it is located a minimum distance of one hundred fifty feet (150') from an adjacent or abutting arterial street, subject to an administrative conditional use permit (see RMC 4-2-080A18c). The arterial streets to be included are identified in RMC 4-9-030K1.
3. A conditional use permit may be issued when it has been found that:
a. A mix of commercial, service, and residential uses exist within a one hundred fifty foot (150') radius of the proposed residential use; and
b. Commercial use of the property is not feasible for reasons including, but not limited to: lack of commercial frontage, lack of access, critical areas and/or critical area buffers, or property configuration; and
c. Residential use will augment the primary purpose of the commercial arterial zone; and
d. A pedestrian oriented physical connection between the residential and the commercial uses will be provided; and
e. The use as stand alone residential serves as a transition between the commercial and any lower density R-10 and/or R-8 zoned areas in proximity and a visual, pedestrian, and vehicular connection from the residential zoned areas to the commercial arterial zoned areas will be provided; and
f. Development standards from RMC 4-3-040F are met unless the applicant opts for a planned urban development, subject to RMC 4-9-150. Pedestrian connection standards from this section are met without modification. (Ord. 5191, 12-12-2005; Ord. 5331, 12-10-2007)
L. DECISION AND CONDITIONS:
The governing authority may grant, with or without conditions, or deny the requested conditional use permit. The Zoning Administrator or Hearing Examiner shall have authority to grant the conditional use permit upon making a determination, in writing, that the use is consistent with subsection G of this Section, Decision Criteria. The Zoning Administrator or Hearing Examiner may limit the term and duration of the conditional use permit. Conditions imposed by the Zoning Administrator or Hearing Examiner shall reasonably assure that nuisance or hazard to life or property will not develop. (Ord. 4404, 6-7-1993; Ord. 4584, 2-12-1996; Ord. 5191, 12-12-2005)
M. CONDITIONAL USE PERMIT TO BE COMBINED WITH SITE PLAN REVIEW:
Where a use or development requires review under RMC 4-9-200, Site Plan Review, the site plan review and administrative conditional use permit shall be combined. (Ord. 4404, 6-7-1993; Ord. 5191, 12-12-2005)
N. FINALIZATION: (Reserved) (Ord. 5191, 12-12-2005)
O. EXPIRATION AND EXTENSION:
See RMC 4-8-100H and I. (Ord. 5191, 12-12-2005)
P. MODIFICATIONS TO APPROVED PLAN: (Reserved) (Ord. 5191, 12-12-2005)
4-9-040 CONDOMINIUM CONVERSIONS:
A. PURPOSE: (Reserved)
B. AUTHORITY:
The Building Official is charged with the administration and enforcement of this Section and is authorized and directed to adopt, promulgate, amend and rescind administrative rules consistent with the provisions of this Section and necessary to carry out the duties of the Building Official hereunder. (Ord. 3366, 10-15-1979, eff. 10-24-1979)
C. APPLICABILITY TO CONVERSION OF RENTAL UNITS TO CONDOMINIUMS AND COOPERATIVES:
This Section shall apply only to the conversion and sale of rental units that have not yet been converted to condominium or cooperative units, and to those units in converted buildings that are not subject to a binding purchase commitment or have not been sold on the effective date of this Section (10-24-1979)
1. Exemptions: This Section shall not apply to condominium or cooperative units that are vacant on October 24, 1979, and which have been offered for sale prior to that date; provided, that any tenant who takes possession of the unit after October 24, 1979, shall be provided the disclosures required by subsection E of this Section and shall be entitled to the benefits of that Section if the required disclosures are not given.
D. APPLICABILITY TO TENANTS OCCUPYING RENTAL UNITS:
This Section shall apply only to those tenants and subtenants who occupy rental units in converted buildings at the time the notices, offers and disclosures provided by this Section are required to be delivered. This Section shall not apply to tenants who take possession of a unit vacated by a tenant who has received the notices and other benefits provided by this Section; provided, that developers shall disclose in writing to all tenants who take possession after service of the notice required by subsection E of this Section, that the unit has been sold or will be offered for sale as a condominium or cooperative. This disclosure shall be made prior to the execution of any written rental agreement or prior to the tenant’s taking possession, whichever occurs earlier. A developer’s fail-
ure to disclose, within the time specified above, that the unit has been sold or offered for sale shall entitle the tenant to all the protections and benefits of this Section.
E. TENANT PROTECTIONS:
1. Notice to Tenants of Filing of Conversion Declaration: Within seven (7) days of the filing of a condominium conversion declaration as provided by the Horizontal Property Regimes Act (chapter 64.32 RCW) the developer shall: (Ord. 3366, 10-15-1979)
a. Send to each tenant in the converted building, by registered or certified mail, return receipt requested, written notice of the filing. A tenant’s refusal to accept delivery shall be deemed adequate service.
b. File notice of the filing of such declaration with the City Clerk, giving the date of filing, file or recording number, office where filed, location and address of the structure and number of dwelling units contained within the structure, and the name, address and phone numbers of the owner(s), managers and persons responsible for the management of the structure.
2. Notice to All Tenants Prior to Offering Any Unit for Sale to the Public as a Condominium or Cooperative Unit: At least one hundred twenty (120) days prior to offering any rental unit or units for sale to the public as a condominium unit or cooperative unit, the developer shall deliver to each tenant in the building written notice of his intention to sell the unit or units. The notice shall specify the individual units to be sold and the sale price of each unit. This notice shall be in addition to and not in lieu of the notices required for eviction by chapters 59.12 and 59.18 RCW, and shall be delivered as provided in subsection E1a of this Section. With the notice the developer shall also deliver to the tenant a statement, in a format to be provided by the Building Official, of the tenant’s rights under this Section.
3. Purchase Rights of Tenant in Possession: With the notice provided in this subsection, the developer shall deliver to each tenant whose unit is to be offered for sale a firm offer of sale of the unit that the tenant occupies. In the event that more than one tenant occupies a single unit, the developer shall deliver the offer to all tenants jointly or separately. For one hundred twenty (120) days from the date of delivery of the offer the tenant shall have the exclusive right to purchase his or her unit on the terms offered.
4. Purchase Rights of Tenants Whose Units are Offered for Sale Prior to Effective Date of Section: Tenants of rental units which were offered for sale as condominium or cooperative units prior to the effective date of this Section but for which offers there have been no acceptances shall be entitled to the rights and benefits of this Section except that those rights provided by subsection E6 of this Section shall terminate sixty (60) days from the offer of sale of the unit to the tenant.
5. Subtenant’s Purchase Rights: Should a tenant reject an offer of sale, the subtenant in possession at the time the notice provided in this subsection is delivered shall be offered the unit on the same terms as those offered the tenant. For thirty (30) days following that offer or until the expiration of the tenant’s one hundred twenty (120) day option period as provided in this subsection, whichever occurs later, the subtenant shall have the exclusive right to purchase the unit on the terms offered to the tenant.
6. Rights of Tenants in Converted Buildings to Purchase Other Units in the Buildings: Should both the tenant and subtenant reject the offer of sale or fail to notify of the acceptance of the offer within the time periods set forth in subsections E3 and E5 of this Section or vacate, the unit shall be made available for purchase to other tenants and subtenants in the building. The right to purchase another unit in the building by tenants and subtenants shall extend to the end of the one hundred twenty (120) day notice period provided the tenant is in possession of that unit under subsection E3 of this Section. Whenever all tenants and subtenants in a building have indicated in writing their intention not to purchase a unit or the one hundred twenty (120) day notice period has expired and that unit is or becomes vacant then the developer may offer for sale and sell the unit to the public.
7. No Subsequent Sale on Better Terms: For a period of one year following the date of the offers provided in subsections E3, E5 and E6 of this Section, no offer shall be extended by the developer on terms more favorable in any respect than the offer previously extended to the tenant and/or subtenant unless the more favorable offer is first extended to the tenant and/or subtenant as required by subsections E3, E5 and E6 for a period of not less than thirty (30) days.
8. Evictions Only for Good Cause During Notice Period: No condominium or cooperative unit shall be sold or offered for public sale if, in the one hundred twenty (120) day period immediately preceding the sale or offer for public sale, any tenant has been evicted without good cause. For the purposes of this Section good cause shall mean: (1) failure to pay rent after service of a three (3) day notice to pay rent or vacate as provided in RCW 59.12.030(3); (2) failure to comply with a term or terms of the tenancy after service of a ten (10) day notice to comply or vacate as provided in RCW 59.12.030(4); and (3) the commission or permission of a waste or the maintenance of a nuisance on the premises and failure to vacate after service of a three (3) day notice as provided in RCW 59.12.030(5).
9. Tenant’s Right to Vacate: Tenants who receive one hundred twenty (120) day notices of sale may terminate their tenancies at any time during such period in the manner provided by RCW 59.18.200 and 59.18.220, but will forfeit all rights to purchase a unit.
F. CONSUMER PROTECTIONS:
1. Mandatory Housing Code Inspection and Repair – Notice to Buyers and Tenants: Prior to delivery of the one hundred twenty (120) day notice described in subsection E2 of this Section, developers shall, at their expense, request an inspection of the entire building by the Building Official for compliance with the housing and fire codes. The inspection shall be completed within forty five (45) days of a developer’s request unless the developer fails to provide or refuses access to Building and/or Fire personnel. The developer shall be required to install an approved fire alarm and smoke detector system in accordance with chapter 4-5 RMC. The installation of the fire alarm system and all violations of the Housing Code revealed by the inspection must be completed and corrected at least seven (7) days prior to the closing of the sale of the first unit or by the compliance date on the inspection report, whichever is sooner. A follow-up inspection for compliance shall be completed within seven (7) days of the developer’s request. A copy of the building inspection report and certification of repairs shall be provided by the developer to each prospective purchaser at least three (3) days before the signing of an earnest money agreement or other binding purchase commitment. Copies of the inspection report shall be delivered to tenants in the converted building by the developer with the notice of sale as provided in subsection E2 of this Section. An inspection fee as stipulated in RMC 4-1-140I shall be paid by the developer whenever an inspection is requested as required herein.
2. Certification of Repairs: For the protection of the general public, the Building Official shall inspect the repairs of defective conditions identified in the inspection report and certify that the violations have been corrected. The certification shall state that only those defects discovered by the Housing Code inspection and listed on the inspection report have been corrected and that the certification does not guarantee that all Housing Code violations have been corrected. Prior to the acceptance of any offer, the developer shall deliver a copy of the certificate to the purchaser. No developer, however, shall use the Building Official’s certification in any advertising for the purpose of inducing a person to purchase a condominium or cooperative unit.
3. Disclosure Requirements: In addition to the disclosures required by previous sections, the developer shall make available at a place on the premises convenient to the tenants during normal working hours the following information to prospective purchasers at least three (3) days before any purchase commitment is signed, or, in the case of existing tenants, with the one hundred twenty (120) day notice provided in subsection E2 of this Section: (1) copies of all documents filed with any governmental agency pursuant to the Horizontal Property Regimes Act (chapter 64.32 RCW); (2) an itemization of the specific repairs and improvements made to the entire building during the six (6) months immediately preceding the offer for sale; (3) an itemization of the repairs and improvements to be completed before close of sale; (4) a statement of the services and expenses which are being paid for by the developer but which will in the future be terminated, or transferred to the purchaser, or transferred to the owners’ association; (5) an accurate estimate of the useful life of the building’s major components and mechanical systems (foundation, exterior walls, exterior wall coverings other than paint or similar protective coating, exterior stairs, floors and floor supports, carpeting in common areas, roof cover, chimneys, plumbing system, heating system, water heating appliances, mechanical ventilation system, and elevator equipment) and an estimate of the cost of repairing any component whose useful life will terminate in less than five (5) years from the date of this disclosure. For each system and component whose expected life cannot be accurately estimated, the developer shall provide a detailed description of its present condition and an explanation of why no estimate is possible. In addition, the developer shall provide an itemized statement in budget form of the monthly costs of owning the unit that the purchaser intends to buy. The itemization shall include but shall not be limited to: (a) payments on purchase load; (b) taxes; (c) insurance; (d) utilities (which shall be listed individually); (e) homeowner’s assessments; (f) the projected monthly assessment needed for replacing building components and systems whose life expectancy is less than five (5) years; and (g) a statement of the budget assumptions concerning occupancy and inflation factors.
4. Warranty of Repairs – Set Aside for Repairs: Each developer shall warrant for one year from the date of completion all improvements and repairs disclosed pursuant to subsection E3 of this Section.
5. Unlawful Representations: It shall be unlawful for any developer, agent or person to make or cause to be made in any disclosure or other document required by this Section any statement or representation that is knowingly false or misleading. It shall also be unlawful for any developer, agent or other person to make, or cause to be made, to any prospective purchaser, including a tenant, any oral representation which differs from the statements made in the disclosures and other documents required to be provided tenants and purchasers by this Section.
6. Purchaser’s Right to Rescind: Any purchaser who does not receive the notices, disclosures and documents required by this Section may, at any time prior to closing of the sale, rescind, in writing, any binding purchase agreement without any liability on the purchaser’s part and the purchaser shall thereupon be entitled to the return of any deposits made on account of this agreement.
7. Delivery of Notice and Other Documents: Unless otherwise provided, all notices, contracts, disclosures, documents and other writings required by this Section shall be delivered by registered or certified mail, return receipt requested. The refusal of registered or certified mail by the addressee shall be considered adequate delivery. All documents shall be delivered to tenants at the address specified on the lease or rental agreement between the tenant and the developer or landlord. If there is no written lease or rental agreement then documents shall be delivered to the tenants’ address at the converted building or the last known address of the tenant, if other than the address at the converted building. In any sublet unit all documents shall be delivered to the tenant at his current address, if known, and to the subtenant in possession. If the tenant’s current address is unknown, then two (2) copies of all documents shall be delivered to the subtenant, one addressed to the tenant and the other addressed to the subtenant. Delivery of the one hundred twenty (120) day notice of intention to sell required by subsection E2 of this Section, the developer’s offer to sell, and all disclosure documents shall be delivered to the tenants in a converted building at a meeting between the developer and the tenants. The meeting shall be arranged by the developer at a time and place convenient to the tenants. At the meeting the developer shall discuss with the tenants the effect that the conversion will have upon the tenants. Should any tenant refuse to acknowledge acceptance of the notice, offer and disclosures, the developer shall deliver the documents in the manner prescribed in this subsection.
8. Acceptance of Offers: Acceptance by tenants or other beneficiaries of offers provided pursuant to this Section shall be in writing and delivered to the developer by registered or certified mail, return receipt requested, postmarked on or before the expiration date of the offer.
G. COMPLAINTS:
Any person subjected to any unlawful practice as set forth in this Section may file a complaint in writing with the Building Official. The Building Official is hereby authorized and directed to receive complaints and conduct such investigations as are deemed necessary. Whenever it is determined that there has been a violation of this Section, the Building Official is authorized to send written notice of said violation to the person responsible for the violation. If, within ten (10) days of said notice, the responsible person makes written request for reconciliation, the applicable department director is authorized to attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement.
H. COUNCIL WAIVER OF REQUIREMENTS:
The City Council is authorized to waive strict compliance with this Section in specific individual instances where the developer can show with clear, cogent and convincing evidence that: (1) the financial burden required to comply would greatly outweigh the benefits and would create an unreasonable hardship upon the developer; or (2) the units have been offered for sale as condominium units prior to the effective date of this Section (10-24-1979) and the developer has incurred significant financial obligations with the intention of meeting such obligations with the proceeds of the sale of such units, and the provisions of this Section will prevent meeting such obligation. (Ord. 3366, 10-15-1979)
I. VIOLATIONS OF THIS CHAPTER AND PENALTIES:
Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1. (Ord. 4351, 5-4-1992; Ord. 5159, 10-17-2005)
4-9-050 DANGEROUS BUILDINGS – ABATEMENT OF:
A. ADOPTION BY REFERENCE:
The “1997 Uniform Code for the Abatement of Dangerous Buildings” published by the International Conference of Building Officials, of which one copy has heretofore been filed and is now on file in the office of the City Clerk and made available for examination by the public, is hereby adopted by reference. (Ord. 5221, 9-11-2006; Ord. 4546, 7-24-1995)
B. PURPOSE:
It is the purpose of the provisions of this Section to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by any code or ordinance of the City, whereby buildings and/or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants, may be required to be repaired, vacated or demolished.
C. APPLICABILITY:
The provisions of this Section shall apply to all dangerous buildings as herein defined, which are now in existence, or which may hereafter be constructed in the City.
D. APPEALS:
1. Authority and Process: The Board of Appeals, under Chapter 5 of the “1997 Uniform Code for the Abatement of Dangerous Buildings,” shall be the Hearing Examiner. Appeals may be filed pursuant to RMC 4-8-110, Appeals. (Ord. 5221, 9-11-2006)
2. Public Hearing Attendance: The Hearing Examiner shall hold a hearing at the time and place specified in the complaint of the Building Official, in which all parties in interest shall be given the right to file an answer to the complaint, to appear in person or otherwise, and to give testimony.
3. Examiner Findings and Decision: If after such hearing the Hearing Examiner shall determine that such structure is, in fact, a dangerous building as herein defined, the Examiner shall reduce such findings of fact to writing, in support of such determination and shall issue or cause to be issued and to be served upon the owner or party in interest of any such “dangerous building” in the manner provided herein for the service of the complaint an order which shall require the owner or party in interest, within the time specified in such order, to repair, alter or improve such dwelling, building or structure and to render it fit for human habitation or other use, or to vacate and close the dwelling, building or structure, if such course of action is deemed proper, or specified, to remove or demolish such dwelling, building or structure.
4. Recording of Order: If no appeal is filed from such order in the manner herein provided for, then a copy of such order shall be filed with the Auditor of King County.
E. VIOLATIONS OF THIS CHAPTER AND PENALTIES:
Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1. (Ord. 4546, 7-24-1995; Ord. 5159, 10-17-2005)
4-9-060 DEFERRAL OF IMPROVEMENT INSTALLATION PROCEDURES:
A. PURPOSE: (Reserved)
B. TEMPORARY (NINETY (90) DAY) OCCUPANCY PERMITS IN ADVANCE OF IMPROVEMENT INSTALLATION – BUILDING OFFICIAL DEFERRAL OF OFF- AND ON-SITE IMPROVEMENTS FOR OTHER THAN PLATS:
1. Applicability: A temporary occupancy permit may be granted by the Building Official, when the required improvements have not been deferred or installed and in the opinion of the Building Official are not necessary for life, safety or health, or structural integrity of the buildings on the site, and the improvements are to be installed and completed within ninety (90) days from the date of issuance of temporary occupancy permit. (Ord. 4348, 5-4-1992)
2. Decision Criteria: (Reserved)
3. Security Required: In all such cases, a certified or cashier’s check, letter of credit, set aside letter, or other acceptable security must be posted to the extent of one hundred fifty percent (150%) of the estimated cost of the improvements not installed and accepted. The amount of said security shall be provided by an estimate of the applicant together with supporting data from a reputable contractor or subcontractor and based upon full engineering plans. Such estimates shall be approved by the Building Official of the City; however, should the amount of the estimate be unacceptable to the City, the applicant shall be required to provide further estimates acceptable to the City. No temporary occupancy permit shall be granted until the security amount has been established following acceptable estimates.
4. Expiration: Said temporary occupancy permit shall be good for a period of not more than ninety (90) days. After improvements have been installed and approved by the City the security herein shall be released and the applicant may make application for a permanent occupancy permit.
5. Extension of Temporary Occupancy Permit Up to One Hundred Eighty (180) Days: Should extenuating circumstances or circumstances beyond the control of the applicant prevent the installation of such on-site or off-site improvements, the Building Official may extend the temporary occupancy permit to a total maximum of one hundred eighty (180) days. (Ord. 4348, 5-4-1992)
C. PLANNING/BUILDING/PUBLIC WORKS ADMINISTRATOR’S DEFERRAL OF PLAT IMPROVEMENTS OR DEFERRAL OF OTHER ON- AND OFF-SITE IMPROVEMENTS BEYOND TEMPORARY OCCUPANCY PERMIT:
1. Applicability: If a developer wishes to defer certain improvements listed in this Title until after obtaining a certificate of occupancy for any structures, or in the case of plats, final plat approval, the written application shall be made to the Planning/Building/Public Works Administrator or his/her designee stating the reasons why such delay is necessary. (Ord. 4521, 6-5-1995)
2. Decision Criteria: (Reserved)
3. Security Required: Upon approval by the Planning/Building/Public Works Administrator or his/her designee for such deferment, for good cause shown by the applicant, the applicant shall thereupon furnish security to the City in an amount equal to one hundred fifty percent (150%) of the estimated cost of the installation and required improvements. The decision of the Administrator as to the amount of such security shall be conclusive. (Ord. 4521, 6-5-1995)
4. Plans for Improvements Required: Should the Planning/Building/Public Works Administrator or his/her designee grant the deferral of part or all of the necessary on-site improvements, then full and complete engineering drawings of the on-site improvements shall be submitted as a condition precedent to the granting of any deferral. (Ord. 3988, 4-28-1986)
5. Waiver of Requirement for Plans: Board may waive requirement of construction plans for short plat improvement deferrals.
6. Expiration: Such security shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements shall be completed within the time specified by the Planning/Building/Public Works Administrator or his/her designee, and if no time is so specified, then not later than one year. For plats, if no time is established, then not later than one year after approval of the final plat by the City Council or one year after recording of a short subdivision. The security shall be held by the Finance Department. (Ord. 4521, 6-5-1995)
7. Extension of Time Limit: The Planning/Building/Public Works Administrator or his/her designee (Administrator) shall annually review the deferred improvements and the amount of the security. Should the Administrator determine that any improvement need not be installed immediately, then the Administrator may extend the deferral for an additional period of time up to an additional year. Any improvement deferred for five (5) years shall be required to be installed or shall be waived by the Administrator pursuant to RMC 4-9-250C, Waiver Procedures, unless the Administrator determines that it is more likely than not that the improvements would be installed within an additional five (5) year period of time, in which case the Administrator may continue to defer the improvements year to year subject to the other conditions contained in this Section. Should any improvement be initiated before the lapse of a deferral, and the work is diligently pursued, then the Administrator may extend the deferral period for a term equivalent to the time necessary to complete construction, but subject, however, to continuation of the security. At the same time as the granting of any additional deferral, the security for such deferral shall be reviewed and increased or decreased as the Administrator shall deem necessary, but shall remain in an amount equal to a minimum of one hundred fifty percent (150%) of the estimated cost of the installation of the deferred improvement. (Ord. 3988, 4-28-1986)
8. Acceptable Security: Security acceptable under this Section may be cash, letter of credit, set aside letter; provided, that the funds cannot be withdrawn, spent, or committed to any third party, or savings account assigned to the City and blocked as to withdrawal by the secured party without the City’s approval. Only if these security devices are unavailable to the applicant, or the applicant can show hardship, will the City accept a performance bond. Any security device must be payable to the City upon demand by the City and not conditioned upon approval or other process involving the applicant. Security must be unequivocally committed to the project being secured, and cannot be available for any other purpose. Any security that, according to its terms, lapses upon a date certain, will cause the deferral to lapse on that same date unless additional adequate substitute security has been posted prior to the termination date of the prior security. Each security document posted with the City must be approved by the City Attorney, whose decision as to the acceptability of the security shall be conclusive. (Ord. 4521, 6-5-1995)
9. Fee in Lieu of Required Street Improvements:
a. General. The provisions of this Section establish under what circumstances the requirements of this Chapter may be satisfied with payment of a fee in lieu of required street improvements.
b. Authority To Grant and Duration.
i. Application: If the proposed development of the subject property requires approval through a short plat approval described in the subdivision ordinance, a request for payment of a fee in lieu of street improvements will be considered as part of this process under the provisions of this Section.
ii. Duration: If granted under a short plat review process, the authorization to pay a fee in lieu of street improvements is binding on the City for all development permits issued for that short plat approval under the building code within five (5) years of the granting of the request for payment of a fee in lieu of street improvements.
c. Standards: The City will not accept the applicant’s proposed payment of a fee in lieu of street improvements if the Planning/Building/Public Works Administrator or his/her designee determines that it is in the City’s interest that the street improvements be installed abutting the subject property, taking into account such factors as the pedestrian safety impacts that result from the development. The City may accept payment of a fee in lieu instead of requiring installation of street improvements in the following circumstances:
i. There are no similar improvements in the vicinity and there is no likelihood that the improvements will be needed or required in the next five (5) years; or
ii. Installation of the required improvement would require substantial off-site roadway modifications; or
iii. The Planning/Building/Public Works Administrator or his/her designee determines that installation of the required improvement would result in a safety hazard; or
iv. Other unusual circumstances preclude the construction of the improvements as required.
d. Amount of Payment of Fee in Lieu of Street Improvements. In each instance where the City approves a proposed fee-in-lieu under the provisions of this Section, the amount of the fee-in-lieu shall be one hundred percent (100%) of the then-estimated cost of constructing the street improvements that would otherwise be required under this Chapter, based on information compiled and kept current by the Planning/Building/Public Works Department on the cost of street improvement construction.
e. Use of Funds. In each instance where the City accepts payment of a fee in lieu of installing a street improvement under the provisions of this Section, the City shall deposit those funds into a reserve account and expend the funds collected within five (5) years of the date collected to fund other pedestrian safety improvements in the City.
f. No Further Obligation from the Property. In each instance where the City accepts payment of a fee in lieu of installing street improvements, the subject property will not be subject to participation in future street improvement costs (along the property frontage) unless redevelopment occurs that will generate more traffic trips than what was occurring at the property at the time of the payment of the fee in lieu of installation of street improvements. (Ord. 5170, 12-5-2005)
10. (Repealed by Ord. 5170) (Ord. 4521, 6-5-1995)
11. Security Requirement Binding: The requirement of the posting of any security therefor shall be binding on the applicant and the applicant’s heirs, successors and assigns. (Ord. 3988, 4-28-1986)
12. Record of Deferral: The Planning/Building/Public Works Administrator or his/her designee shall note for the Department’s record the following information: the improvements deferred, amount of security or check deposited, time limit of security or check, name of bonding company, and any other pertinent information. (Ord. 4521, 6-5-1995)
13. Transfer of Responsibility: Whenever security has been accepted by the Planning/Building/Public Works Administrator or his/her designee, then no release of the owner or developer upon that security shall be granted unless a new party will be obligated to perform the work as agreed in writing to be responsible under the security, and has provided security. In the instance where security would be provided by a condominium owners’ association or property owners’ association, then it shall be necessary for the owners’ association to have voted to assume the obligation before the City may accept the security, and a copy of the minutes of the owners’ association duly certified shall be filed along with the security.
14. Administrative Approval Required Prior to Transfer of Responsibility: The City shall not be required to permit a substitution of one party for another on any security if the Planning/Building/Public Works Administrator or his/her designee, after full review, feels that the new owner does not provide sufficient security to the City that the improvements will be installed when required.
15. Proceeding Against Security: The City reserves the right, in addition to all other remedies available to it by law, to proceed against such security or other payment in lieu thereof. In case of any suit or action to enforce any provisions of this code, the developer shall pay the City all costs incidental to such litigation including reasonable attorney’s fees. The applicant shall enter into an agreement with the City requiring payment of such attorney’s fees. (Ord. 4521, 6-5-1995; Ord. 5156, 9-26-2005)
4-9-065 DENSITY BONUS REVIEW:
A. PURPOSE:
The purpose of the density bonus review is to provide a procedure to review requests for density bonuses authorized in chapter 4-2 RMC. Density bonuses are offered to meet the intent of the Comprehensive Plan policies, including but not limited to Land Use and Housing Element policies and the purpose and intent of the zoning districts. (Amd. Ord. 4985, 10-14-2002; Ord. 5137, 4-25-2005)
B. APPLICABILITY:
The density bonus review procedure and review criteria are applicable to applicants who request bonuses in the zones which specifically authorize density bonuses in chapter 4-2 RMC. This Section of chapter 4-9 RMC contains density bonus procedures and review criteria for the residential uses in the R-14 and RM-U Zones, as well as assisted living in all zones where it is permitted. (Amd. Ord. 4985, 10-14-2002; Ord. 5137, 4-25-2005; Ord. 5369, 4-14-2008; Ord. 5387, 6-9-2008)
C. REVIEW PROCESS:
1. Concurrent Review: Density bonus review shall occur concurrently with any other required land use permit that establishes the permitted density and use of a site, including subdivisions, site plan review, and conditional use permits. When the development proposal does not otherwise require a subdivision, site plan review, or conditional use permit to establish the permitted density of a site, but includes a density bonus request, the development proposal shall be reviewed under administrative site plan review requirements.
2. Reviewing Official: The Reviewing Official for the required land use permit as described in subsection C1 of this Section, Concurrent Review, shall also determine compliance with the density bonus process.
3. Submittal Requirements and Fees: An applicant shall submit applications and fees in accordance with the requirements for the primary development application per chapters 4-1 and 4-8 RMC. (Amd. Ord. 4985, 10-14-2002; Ord. 5137, 4-25-2005)
D. BONUS ALLOWANCES AND REVIEW CRITERIA:
The following table lists the conditions under which additional density or alternative bulk standards may be achieved:
R-14 ZONE
RM-U ZONE
ASSISTED LIVING
Density and Unit Size Bonus – Purpose:
The bonus provisions are intended to allow greater flexibility in the implementation of the purpose of the R-14 designation. Bonus criteria encourage provision of aggregated open space and rear access parking in an effort to stimulate provision of higher amenity neighborhoods and project designs which address methods of reducing the size and bulk of structures. Applicants requesting such bonuses must demonstrate that the same or better results will occur as a result of creative design solutions that would occur with uses developed under standard criteria.
The bonus provisions are intended to allow greater densities within the portion of the RM-U zone located within the Urban Design District and north of South 2nd Street for those development proposals that provide high quality design and amenities.
The bonus provisions are intended to allow assisted living to develop with higher densities, but with a building footprint and scale of building that would be expected for other multi-family structures in the applicable zone. It is expected that the density bonus will be achieved with no variances to the development regulations of the applicable zone.
Maximum Additional Units Per Acre:
1 to 4 additional dwelling units per net acre. Densities of greater than 18 units per net acre are prohibited.
Up to 25 dwelling units per net acre. Densities of greater than 100 dwelling units per net acre are prohibited.
The units in a project that are for assisted living are allowed to develop at 1.5 times the maximum density of the zone the project is in.
In the R-1 and R-10 zones the maximum density for assisted living shall be 18 units/net acre.
Maximum Allowable Bonus Dwelling Unit Mix/Arrangement:
Dwelling units permitted per structure may be increased as follows:
(i) Dwellings Limited to 3 Attached: A maximum of 4 units per structure, with a maximum structure length of 100 feet.
(ii) Dwellings Limited to 6 Attached: A maximum of 8 units per structure with a maximum structural height of 35 feet, or 3 stories and a maximum structural length of 115 feet.
NA
Projects that include both assisted living and independent living may only apply the density bonus ratio to the units that are built as assisted living units.
Bonus Criteria:
Bonuses may be achieved independently or in combination. To qualify for one or both bonuses the applicant shall provide either:
(i) Alley and/or rear access and parking for 50% of detached, semi-attached, or townhouse units (parcels abutting an existing alley are required to take alley access and shall not qualify for the bonus based upon this provision), or
(ii) Civic uses such as a community meeting hall, senior center, recreation center, or other similar uses as determined by the Zoning Administrator, or
(iii) A minimum of 5% of the net developable area of the project in aggregated common outdoor open space. Common outdoor open space areas may be used for any of the following purposes (playgrounds, picnic shelters/facilities and equipment, village greens/square, trails, corridors or natural). Structures such as kiosks, benches, fountains and maintenance equipment storage facilities are permitted; provided, that they serve and/or promote the use of the open space. To qualify as common open space, an area must meet each of the following conditions:
function as a focal point for the development,
have a maximum slope of 10%,
have a minimum width of 25', except for trails or corridors,
be located outside the right-of-way,
be improved with landscaping in public areas, and
be maintained by the homeowner’s association if the property is subdivided, or by the management organization as applied to the property if the property is not subdivided.
Development projects within the applicable area that meet both the “Minimum requirements” and at least one “Guideline” in each of the following four categories:
Building Siting and Design;
Parking, Access, and Circulation;
Landscaping/Recreation/Common Space; and
Building Architectural Design
applying to Area “A” of the Urban Design District located in RMC 4-3-100 shall be permitted a maximum density of 100 dwelling units per net acre.
Assisted living units must be designated for people who are at least 55 years of age. The definitions of Assisted Living in RMC 4-11-010 and Dwelling Multi-Family, Assisted Living in RMC 4-11-040 must be met.
Bonus Criteria (continued):
(iv) Provision of a minimum of 2 units of affordable housing per net developable acre (fractional results shall be rounded up to the next whole number).
In addition, in order to qualify for a bonus, developments shall also incorporate a minimum of 3 features described below:
(i) Architectural design which incorporates enhanced building entry features (e.g., varied design materials, arbors and/or trellises, cocheres, gabled roofs).
(ii) Active common recreation amenities such as picnic facilities, gazebos, sports courts, recreation center, pool, spa/jacuzzi.
(iii) Enhanced ground plane textures or colors (e.g., stamped patterned concrete, cobblestone, or brick at all building entries, courtyards, trails or sidewalks).
(iv) Building or structures incorporating bonus units shall have no more than 75% of the garages on a single facade.
(v) Surface parking lots containing not more than 6 parking stalls separated from other parking areas by landscaping with a minimum width of 15 feet.
(vi) Site design incorporating a package of at least 3 amenities which enhance neighborhood character, such as coordinated lighting (street or building), mailbox details, address and signage details, and street trees as approved by the Reviewing Official.
General Provisions:
NA
NA
NA
(Ord. 4963, 5-13-2002; Amd. Ord. 4985, 10-14-2002; Ord. 5137, 4-25-2005; Ord. 5286, 5-14-2007; Ord. 5369, 4-14-2008; Ord. 5387, 6-9-2008)
4-9-070 ENVIRONMENTAL REVIEW PROCEDURES:
A. PURPOSE:
The City, recognizing that man depends on his biological and physical surroundings for food, shelter and other needs, and for cultural enrichment as well, and recognizing further the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high density urbanization, industrial expansions, resource utilization and exploitation and new and expanding technological advances, and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the City, in cooperation with Federal, State and other local governments and in cooperation with other concerned public and private organizations, to use all practicable means and measures in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic and other requirements of present and future generations of Washington citizens.
In order to carry out the policy set forth in this Section, it is the continuing responsibility of the City to use all practicable means, consistent with other essential considerations of State and City policies, to improve and coordinate plans, functions, programs and resources to the end that the State and its citizens may:
1. Fulfill the responsibilities of each generation as trustees of the environment for succeeding generations;
2. Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;
3. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
4. Preserve important historic, cultural and natural aspects of our national heritage;
5. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
6. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and
7. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. (Amd. Ord. 4835, 3-27-2000)
B. APPLICABILITY:
This part contains the basic requirements that apply to the State Environmental Policy Act (SEPA) process and sets forth methods and procedures which will insure that presently unquantified environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations. To the fullest extent possible, the City will utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on man’s environment. The policies and goals set forth in this Section are supplementary to those set forth in existing authorizations of the State and City.
1. Exemptions: See WAC 197-11-800. (Amd. Ord. 4999, 1-13-2003)
C. INTERPRETATION:
To the fullest extent possible, the policies, regulations and laws of the State of Washington and of the City shall be interpreted and administered in accordance with the policies set forth in this Title.
D. GENERAL STATE REQUIREMENTS – ADOPTION BY REFERENCE:
The City of Renton adopts as its own the policies and objectives of the State Environmental Policy Act of 1971, as amended (chapter 43.21C RCW). The City of Renton adopts the following sections of chapter 197-11 WAC by reference:
WAC
197-11-040 Definitions.
197-11-050 Lead agency.
197-11-055 Timing of the SEPA process.
197-11-060 Content of environmental review.
197-11-070 Limitations on actions during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information required of applicants.
E. AUTHORITY FOR THIS SECTION:
The City of Renton adopts this Section under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This Section contains this City’s SEPA procedures and policies. The SEPA rules, chapter 197-11 WAC, must be used in conjunction with this Section. The City of Renton possesses the authority to deny or condition actions in order to mitigate or prevent probable significant adverse environmental impacts. This authority applies to all City activities including actions as defined in this Section, whether or not such activities are considered to be ministerial in nature.
F. LEAD AGENCY AUTHORITY:
1. Adoption by Reference: The City adopts the following sections by reference, as supplemented by WAC 173-806-050 and 173-806-053 and this part:
WAC
197-11-900 Purpose of this part.
197-11-902 Agency SEPA policies.
197-11-916 Application to ongoing actions.
197-11-920 Agencies with environmental expertise.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency.
197-11-926 Lead agency for governmental proposals.
197-11-928 Lead agency for public and private proposals.
197-11-930 Lead agency for private projects with one agency with jurisdiction.
197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.
197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.
197-11-936 Lead agency for private projects requiring licenses from more than one state agency.
197-11-938 Lead agencies for specific proposals.
197-11-940 Transfer of lead agency status to a state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
197-11-948 Assumption of lead agency status.
2. Determination of Lead Agency: The department within the City receiving an application for or initiating a proposal that involves a nonexempt action shall determine when the City is the lead agency for that proposal under WAC 197-11-940 and 197-11-922 through 197-11-940; unless the lead agency
has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.
3. Lead Agency Agreements: The Environmental Review Committee is authorized to make agreements as to the lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the Environmental Review Committee and any department that will incur responsibilities as the result of such agreement approved the agreement.
4. Effect of Other Agency’s Threshold Determinations on City Project Review: When the City is not the lead agency for a proposal, all departments of the City shall use and consider, as appropriate, either the determination of nonsignificance (DNS) or the final environmental impact statement (EIS) of the lead agency in making decisions on the proposal. The Environmental Review Committee shall not prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the City may conduct supplemental environmental review under WAC 197-11-600.
5. City Objections to Determinations of Other Lead Agency: If the City or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen (15) days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen (15) day time period. Any such petition on behalf of the City may be initiated by the Environmental Review Committee.
G. SEPA RESPONSIBLE OFFICIAL AUTHORITY:
1. Official Designated: For those proposals for which the City is the lead agency, the responsible official shall be the Environmental Review Committee. The Environmental Review Committee shall make the threshold determination, supervise scoping and preparations of any required environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by section so the SEPA rules that were adopted by reference in WAC 173-806-020. (Ord. 4522) The Environmental Review Committee shall consist of three (3) officials designated by the Mayor with concurrence by the City Council.
2. Duties of Responsible Official: For all proposals for which the City is the lead agency, the Environmental Review Committee shall make the threshold determination, supervise scoping and preparations of any required environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020. (Ord. 3891, 2-25-1985) In those instances in which the City is the lead agency, the Environmental Review Committee shall supervise compliance with the threshold determination and, if an EIS is necessary, shall supervise preparation of the draft and final EIS. (Ord. 3891, 2-25-1985) The Environmental Review Committee may develop further administrative and procedural guidelines for the administration by the responsible official of the provisions of this Chapter.
3. Consultation Requests: The Environmental Review Committee, or its designate, shall be responsible for preparation of written comments for the City in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS. The Environmental Review Committee, or its designate, shall be responsible for the City compliance with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City.
H. OTHER AUTHORITY:
1. Hydraulic Projects: For those proposals requiring a hydraulic project approval under RCW 75.20.100, the State Department of Fish and Wildlife shall be considered an agency with jurisdiction.
2. Successor Agencies: If a specific agency has been named in these rules, and the functions of that agency have changed or been transferred to another agency, the term shall mean any successor agency.
I. CATEGORICAL EXEMPTIONS:
1. Adoption by Reference: The City adopts the following sections by reference, as supplemental in this part: WAC 197-11-300, Purpose of this part; and 197-11-305, Categorical exemptions. The City adopts by reference the following rules for categorical exemptions, as supplemented in this Section, including WAC 173-806-070 (Flexible thresholds), 173-806-080 (Use of exemptions), and 173-806-190 (Environmentally sensitive areas):
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
2. Local Modifications to State Categorical Exemptions: The City of Renton establishes the following exempt levels for minor new construction under WAC 197-11-800 (A)(b) based on local conditions. Whenever the City establishes new exempt levels under this Section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800(1)(c).
a. For landfills and excavations in WAC 197-11-800(a)(b)(v): Up to five hundred (500) cubic yards.
3. Exemption Decision Authority: Each department within the City that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal shall determine whether the license and/or the proposal is exempt. The department’s determination that a proposal is exempt shall be final and not subject to administrative review.
4. Proposal Description: In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060).
5. Review Criteria: A department which is determining whether or not a proposal is exempt shall ascertain the total scope of the proposal and the governmental licenses required. If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and some which are not, the proposal is not exempt. For any such proposal, the lead agency shall be determined, even if the license application which triggers the department’s consideration is otherwise exempt. If the lead agency is the City, then the responsible official shall be designated as defined in subsection G of this Section.
6. Proposals Which Include Exempt and Nonexempt Actions: If a proposal includes both exempt and nonexempt actions, exempt actions may be authorized with respect to the proposal prior to the compliance with the procedural requirements of these guidelines except that:
a. Ineligible for Exemption: The City shall not give authorization for:
i. Any nonexempt action;
ii. Any action that would have an adverse environmental impact;
iii. Any action that would limit the choice of alternatives; or
iv. Any action that will irrevocably commit the City to approve or authorize a major action.
b. Denial Authorized: A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and a department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.
7. Timing for Decisions Relating to Categorical Exemptions: Identification of categorical exempt actions shall occur within ten (10) days of submission of an adequate and complete application.
8. Effect of Exemption: If a proposal is exempt, none of the procedural requirements of this Section apply to the proposal. The City shall not require completion of an environmental checklist for an exempt proposal.
J. ENVIRONMENTALLY SENSITIVE AREAS/INAPPLICABLE EXEMPTIONS:
1. Maps Depicting Environmentally Critical Areas and Critical Area Designation:
a. Maps Adopted by Reference: The map(s) in RMC 4-3-050Q identify critical areas. The maps in RMC 4-3-090 identify regulated Shorelines of the State. The specific environmentally critical areas where SEPA exemptions are not applicable are identified in subsection J1b of this section.
b. Critical Areas Designated: Wetlands, Protected Slopes, Very High Landslide Hazard Areas, Class 2 to 4 Streams and Lakes, Shorelines of the State designated as Natural or Conservancy, or Shorelines of the State designated Urban if also meeting the requirement of subsection J2a or J2c of this Section, and the one hundred (100) year floodway, as mapped and identified pursuant to subsection J1a of this Section, or when present according to the critical area classification criteria of RMC 4-3-050, are designated as environmentally critical areas pursuant to the State Environmental Policy Act, WAC 197-11-908.
2. Inapplicable State Environmental Policy Act (SEPA) Exemptions:
a. General: Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped.
b. Environmentally Critical Areas: For each environmentally critical area, the exemptions within WAC 197-11-800 that are inapplicable for that area are:
WAC 197-11-800(1)
WAC 197-11-800(2)(d, e, g)
WAC 197-11-800(6)(a)
WAC 197-11-800(24)(a, b, c, d, f, g)
WAC 197-11-800(25)(f, h)
c. Wetlands: The following SEPA categorical exemptions shall not apply to wetlands:
WAC 197-11-800(1)
WAC 197-11-800(2)
WAC 197-11-800(3)
WAC 197-11-800(4)
WAC 197-11-800(6)
WAC 197-11-800(8)
WAC 197-11-800(25)
Unidentified exemptions shall continue to apply within environmentally critical areas of the City.
3. Threshold Determinations for Proposals Located within Environmentally Sensitive Areas: The City shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this Section, making a threshold determination for all such proposals. The City shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally sensitive area. (Ord. 4835, 3-27-2000; Ord. 5137, 4-25-2005)
K. ENVIRONMENTAL CHECKLIST: (Amd. Ord. 4835, 3-27-2000)
1. When Required: A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this Section; except, a checklist is not needed if the Environmental Review Committee and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency.
2. Use of Checklist to Determine Lead Agency and Threshold Determination: The department within the City receiving the application or initiating the action shall use the environmental checklist to determine the lead agency. If the City is the lead agency, the Environmental Review Committee shall use the environmental checklist for making the threshold determination.
3. Checklist Preparation Process for Private Proposals: For private proposals, the department within the City receiving the application will require the applicant to complete the environmental checklist, providing assistance as necessary. The Environmental Review Committee may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:
a. The City has technical information on a question or questions that is unavailable to the private applicant; or
b. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
4. Checklist Preparation Process for City Proposals: For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
5. Optional Environmental Review Prior to Preparation of Detailed Plans and Specifications: If the City’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the Environmental Review Committee conduct an environmental review prior to submission of detailed plans specification. A completed environmental checklist shall be submitted along with the appropriate environmental fees. The Environmental Review Committee may require specific detailed information at any time.
L. THRESHOLD DETERMINATION PROCESS: (Amd. Ord. 4835, 3-27-2000)
This part contains rules for evaluating the impacts of the proposals not requiring an environmental impact statement (EIS).
1. Adoption by Reference: The Ci