Chapter 3
ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS

CHAPTER GUIDE: Regulations restricting or governing development of environmentally sensitive areas, including shorelines of the state, are contained in chapter 4-3 RMC. These regulations are applied based on whether an environmentally sensitive or shoreline of the state are present within or nearby a property, irrespective of zoning district. Overlay districts unrelated to zoning boundaries are also included, and may restrict uses or apply special development standards. This Chapter does not contain procedural information. Related permit processes (i.e., shoreline permit procedures, aquifer permit procedures) are located in chapters 4-8 and 4-9 RMC.

This Chapter last amended by Ord. 5369, April 14, 2008.

4-3-010 ADULT RETAIL AND ENTERTAINMENT REGULATIONS: (Amd. Ord. 4827, 1-24-2000)

A. PROHIBITED IN CERTAIN AREAS:

Adult motion picture theaters, peep shows, panorams, adult retail uses, and places of adult entertainment are prohibited:

1. Within one thousand feet (1,000') of any residential zone (RC, R-1, R-4, R-8, R-10, RM, COR or RMH) or any single family or multiple family residential use. (Amd. Ord. 4773, 3-22-1999)

2. Within one thousand feet (1,000') of any public or private elementary or secondary school.

3. Within one thousand feet (1,000') of any family day care, day care center for children, nursery, or preschool.

4. Within one thousand feet (1,000') of any church or other facility or institution used primarily for religious purposes.

5. Within one thousand feet (1,000') of any public park or P-1 zone. (Amd. Ord. 4828, 1-24-2000)

EXCEPT: Adult retail uses and adult entertainment businesses, as defined herein, shall be permitted within those zones within the Employment Area Valley (EAV) land use designation of the comprehensive plan and south of I-405, and are not subject to the distance requirements set out herein. (Ord. 4828, 1-24-2000)

B. MEASUREMENT PROCEDURE:

The distances provided in this Section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated.

C. LIABILITY:

Nothing in this Section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City regulation or statute of the State of Washington regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

D. VIOLATIONS OF THIS CHAPTER AND PENALTIES:

Violation of this Section on adult retail and entertainment regulations is declared to be a public nuisance per se, which may be abated by the City by way of civil abatement procedures, RMC 1-3-3, or RMC 1-3-2, Civil Penalties, or both, and not by criminal prosecution. (Ord. 4261, 2-26-1990; Ord. 5159, 10-17-2005)

E. NONCONFORMING USES:

1. Amortization Schedule: Any adult entertainment, activity, use, or retail use located within the City limits on the effective date of Ordinance No. 4827 (February 27, 2000) that is made nonconforming by this Section shall be terminated within one year.

2. Extension Requests.

a. Timing: Such termination date may be extended upon the approval of an application filed with the City within one hundred twenty (120) days of the effective date of the ordinance codified in this Section requesting an extension to such one-year amortization period.

b. Decision Criteria: The administrative decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant demonstrating a significant economic hardship that is based on an irreversible financial investment or commitment unique to that location made prior to the effective date of the ordinance codified in this Section including, but not limited to, fixed assets and tenant improvements. A determination of significant economic hardship shall be based upon the degree to which the requirements of this Section diminish the viability of the business or precludes reasonable alternative uses of the subject property.

c. Process: The extension request shall be processed as a Type V procedure pursuant to RMC 4-8-080G.

d. Maximum Extension Period: No extension period shall be greater than one year.

e. Appeals: Rights to appeal the decision are governed by the provisions of RMC 4-8-110E8 and F6. (Ord. 4828, 1-24-2000)

4-3-020 AIRPORT RELATED HEIGHT AND USE RESTRICTIONS:

A. AIRPORT INFLUENCE AREA ESTABLISHED:

In order to regulate the use of property in the vicinity of the airport, all of the land within Safety Zones 1 through 6 of the Renton Municipal Airport shall be known as the Airport Influence Area, as shown in subsection F of this Section. (Ord. 5029, 11-24-03)

B. HEIGHT LIMITS:

Except as otherwise provided in this Code, no structure or tree shall penetrate the Federal Aviation Regulation Part 77 Objects Affecting Navigable Airspace, as shown in subsection G of this Section. (Ord. 1542, 4-17-1956; Ord. 1829, 5-17-1960; Amd. Ord. 5029, 11-24-03)

C. USE RESTRICTIONS:

1. Notwithstanding any other provisions of this Code, no use may be made of land within Airport Safety Zones 1 through 4, as shown in subsection F of this Section, in such a manner as to create electrical interference with radio communication between the airport and aircraft, making it difficult for fliers to distinguish between airport lights and others, result in glare in the eyes of fliers using the airport, impair visibility in the vicinity thereof, or otherwise endanger the landing, taking off, or maneuvering of aircraft.

2. Places of public assembly in the Airport Influence Area, as shown in subsection F of this Section, may be conditioned in terms of frequency of use, time of use, and number of people assembled.

3. Residential uses may be conditioned in relation to residential density in the Airport Influence Area, as shown in subsection F of this Section.

4. Nonresidential uses may be conditioned in relation to intensity of use in the Airport Influence Area, as shown in subsection F of this Section.

5. Bird attractants, such as uncovered refuse dumpsters, and uses that produce smoke, dust, glare, vapor, gasses or other emissions may be restricted in the Airport Influence Area, as shown in subsection F of this Section.

6. Noise-sensitive uses shall be prohibited from locating within the 65 DNL (or higher) noise contour of the Renton Municipal Airport, as shown in subsection H of this Section. (Ord. 5029, 11-24-03)

D. HAZARD MARKING AND LIGHTING:

Any permit or variance granted as provided in this Section and affecting Airport Safety Zones 1 through 4, as shown in subsection F of this Section, shall be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain thereon, at the owner’s own expense, such markers and lights as may be necessary to give adequate notice to aircraft of the presence of such airport hazard.

E. SAFETY VERIFICATION AND NOTIFICATION:

1. Land Use Permit Master Applications for proposed projects to be located within the Airport Influence Area shall require one of the following:

a. A certificate from an engineer or land surveyor, that clearly states that the proposed use will not penetrate the Federal Aviation Administration Regulation Part 77 Objects Affecting Navigable Airspace (subsection G of this Section); or

b. The maximum elevation of proposed buildings or structures based on the established airport elevation reference datum will not penetrate the Federal Aviation Administration Regulation Part 77 Objects Affecting Navigable Airspace (subsection G of this Section). Elevations shall be determined by an engineer or land surveyor.

2. Within the Airport Influence Area, as shown in subsection F of this Section, disclosure notice shall be placed on land title when

property is subdivided, or as part of approval of conditional use permits, special use permits, building permits, or other SEPA nonexempt projects. Such notice may relate to noise, low overhead flights, aviation operations that create high levels of noise, or aviation operations at night when there is greater sensitivity to noise.

3. Prior to approval of residential land use or other land uses where noise-sensitive activities may occur within the Airport Influence Area, as shown in subsection F of this Section, an avigation easement shall be granted to the City of Renton. The avigation easement shall be approved by the City Attorney prior to recording.

4. Prior to approval of land uses where aviation overflight may occur within the Airport Influence Area, as shown in subsection F of this Section, an avigation easement shall be granted to the City of Renton. The avigation easement shall be approved by the City Attorney prior to recording.

5. Applicants for projects located within the Airport Influence Area shall submit a description of construction and a construction schedule prior to issuance of building permits to prevent construction equipment, such as cranes, from penetrating the airspace without prior notification to responsible parties.

(Ord. 1542, 4-17-1956; Amd. Ord. 5029, 11-24-03; Ord. 5100, 11-1-04)

F. AIRPORT INFLUENCE AREA MAP:

(Ord. 5029, 11-24-03; Ord. 5100, 11-1-04)

G. FEDERAL AVIATION REGULATION PART 77 OBJECTS AFFECTING NAVIGABLE AIRSPACE:

(Ord. 5100, 11-1-04)

H. RENTON MUNICIPAL AIRPORT ANNUAL AVERAGE NOISE EXPOSURE MAP:

(Ord. 5029, 11-24-03; Ord. 5100, 11-1-04)

4-3-030 (Reserved)

4-3-040 COMMERCIAL CORRIDOR BUSINESS DESIGNATIONS:

A. PURPOSE:

These regulations establish development standards to implement the Commercial Corridor Comprehensive Plan designation and establish “business districts.” These regulations guide the redevelopment of strip commercial urban forms into more concentrated urban forms, provide for design guidelines for residential development within the district, enhance the pedestrian environment, make the commercial environment more attractive, improve the City’s tax base, and result in a more successful business district. (Ord. 5191, 12-12-2005)

B. APPLICABILITY:

1. Renton Automall District.

a. Automall Area A: That area bounded by Grady Way S. on the north, Rainier Avenue S. (SR-167) on the east, I-405 on the south, and Seneca Avenue S. on the west; and

That area bounded by S.W. Grady Way on the north, Raymond Avenue S.W. on the west, Seneca Avenue S.W. on the east, and the alley midway between S.W. Grady and S.W. 12th Street, on the south.

b. Automall Area B: That area along the south side of S.W. Grady defined by the alley between S.W. Grady Way and S.W. 12th Street on the north, Seneca Avenue S.W. on the east, Raymond Avenue S.W. on the west, and I-405 on the south;

That area along the south side of S.W. Grady Way west of Raymond Avenue S. between S.W. Grady Way on the north, Raymond Avenue S. on the east, a north/south line approximately four hundred feet (400') west of Raymond Avenue S.W. on the west, and I-405 on the south;

That area along the north side of S.W. Grady Way west of Lind Avenue S. bounded by S.W. Grady Way on the south, Oakesdale Avenue S.W. on the west, S.W. 10th Street on the north, and Lind Avenue S.W. on the east;

That area along the north side of S.W. Grady Way between Lind Avenue to the west and Rainier Avenue S. on the east. Beginning at a point approximately four hundred feet (400') north of S.W. Grady Way along the east side of Lind Avenue S.W. on the west, then east for a distance of approximately three hundred twenty five feet (325'), then south to a point approximately one hundred eighty feet (180') north of S.W. Grady Way, then east from this point parallel to S.W. Grady Way to a point approximately ninety feet (90') west of Rainier Avenue S., then north from this point approximately sixty feet (60'), then west approximately fifty feet (50'), and then north approximately two hundred fifteen feet (215') and then east approximately one hundred sixty feet (160') to Rainier Avenue S. on the east;

That area north of South 7th Street and west of Hardie Avenue generally described as the area beginning at the northwest corner of South 7th Street and Hardie Avenue S. and then proceeding west approximately four hundred twenty five feet (425'), then north approximately four hundred fifty feet (450') to the southern edge of the Burlington Northern Railroad right-of-way, then east along the railroad right-of-way approximately two hundred thirty five feet (235') to Hardie Avenue and then south along Hardie Avenue to the beginning point;

That area north of South 7th Street between Hardie Avenue on the west, the Burlington Northern Railroad right-of-way on the north, and Rainier Avenue on the east;

That area north of South 7th Street between Rainier Avenue S. on the west, a line approximately one hundred ninety feet (190') north of and parallel to South 7th Street on the north, and Shattuck Avenue S. on the east;

The triangular area on the south side of South 7th Street between Hardie Avenue on the west and Rainier Avenue on the east;

The larger area north of S. Grady Way between Rainier Avenue on the west and Shattuck Avenue S. on the east between South 7th Street on the north and S. Grady Way on the south;

That area north of S. Grady Way between Shattuck Avenue S. on the west, the northern edge of the former railroad right-of-way approximately one hundred fifty feet (150') north of S. Grady Way, and Talbot Road/Smithers Avenue S. on the east;

That area along the south side of S. Grady Way between SR-167/Rainier Avenue S. on the west and a north/south line approximately one thousand six hundred thirty feet (1,630') east of SR-167 on the east, S. Grady Way on the north, and on the south, west along S. Renton Village Place approximately one hundred seventy five feet (175') to the 1998 zoning boundary between the CA Zone and the CO Zone on the south; and

That area along the south side of S. Grady Way east of Talbot Road bounded by Talbot Road on the west, S. Grady Way on the northwest, Renton City Hall on the north/northeast, Benson Road S. on the east/southeast, and the I-405 right-of-way on the south.

2. N.E. Sunset Boulevard Business District: That area (RMC 4-3-040H) along NE Sunset Blvd. from east of Duvall Ave. NE to west of Union Ave. NE.

3. Northeast Fourth Business District: That area (RMC 4-3-040I) along NE 3rd and 4th Streets between Queen Ave. NE on the west and Field Ave. NE on the east.

4. Rainier Ave. Business District: The area (RMC 4-3-040J) north of South 2nd Street on the north and the Houser railroad trestle on the south to the Renton Automall District. (Amd. Ord. 4839, 5-8-2000; Ord. 5100, 11-1-2004; Ord. 5331, 12-10-2007)

5. Puget Drive Business District: The area (RMC 4-3-040K) along Benson Road South and Puget Drive South that is south of Interstate 405 and north of the intersection of Puget Drive South and Benson Road South. (Ord. 5191, 12-12-2005; Ord. 5355, 2-25-2008)

C. USES PERMITTED IN THE RENTON AUTOMALL IMPROVEMENT DISTRICT:

The following use provisions take precedence over the underlying zoning:

USES ALLOWED IN AREA A Only the following uses are permitted within Automall Area A

USES ALLOWED IN AREA B

Within the CA Zone: Auto, motorcycle, snowmobile, lawn and garden equipment, and passenger truck sales; Secondary uses including: Licensing bureaus, car rentals, public parking, and other uses determined by the Zoning Administrator to directly support dealerships; Within the IM Zone: Auto, motorcycle, snowmobile, lawn and garden equipment, passenger truck sales, and existing office; Secondary uses including: Licensing bureaus, car rentals, public parking, off-site parking consistent with RMC 4-4-080E2 and other uses determined by the Zoning Administrator to directly support dealerships.

All uses permitted by the underlying zoning

D. DEVELOPMENT STANDARDS FOR USES LOCATED WITHIN THE RENTON AUTOMALL – AREAS A AND B:

All permitted uses in Area A and all auto sales and related uses in Area B of the Renton Automall shall comply with the following development standards:

	ALL USES IN AREA A, DEALERSHIPS AND RELATED USES IN AREA B	NON-DEALERSHIPS AND RELATED USES IN AREA B
SERVICE AREA ORIENTATION	Service areas shall not face public street frontage.	Service areas shall not face public street frontage.
LANDSCAPING – STREET FRONTAGE LANDSCAPING REQUIREMENTS for lots which abut Lind Avenue S.W., S.W. Grady Way, Talbot Road S. (SR-515) and Rainier Avenue S.	A 15-foot-wide landscape strip along these street frontages. This frontage requirement is in lieu of the frontage requirement listed for the zone in chapter 4-2 RMC. Unimproved portions of the right-of-way may be used in combination with abutting private property to meet the required 15-foot landscape strip width. The landscaping shall include a minimum 30-inch-high berm and red maples (Acer rubrum) planted 25 feet on center.	Pursuant to landscaping requirements listed in chapter 4-2 RMC (requirements for the underlying zone) and RMC 4-4-070.
LANDSCAPING – MINIMUM AMOUNT AND LOCATION	Minimum 2.5% of the gross site area shall be provided as on-site landscaping. Landscaping shall be consolidated and located at site entries, building fronts, or other visually prominent locations as approved through the site plan development review process.	Pursuant to landscaping requirements listed in chapter 4-2 RMC (requirements for the underlying zone) and RMC 4-4-070.
WHEEL STOPS	If frontage landscaping is relocated, then permanent wheel stops or continuous curbs must be installed a minimum of 2.5 feet from sidewalks to prevent bumper overhang of sidewalks. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern.	If frontage landscaping is relocated, then permanent wheel stops or continuous curbs must be installed a minimum of 2.5 feet from sidewalks to prevent bumper overhang of sidewalks. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern.
CUSTOMER PARKING	Customer parking shall be designated and striped near entry drives and visible from public streets. Where possible, customer parking shall be combined with adjacent dealership customer parking and shared access. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern.	Customer parking shall be designated and striped near entry drives and visible from public streets. Where possible, customer parking shall be combined with adjacent dealership customer parking and shared access. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern.
AUTOMALL RIGHT-OF-WAY IMPROVEMENT PLAN COORDINATION	Once completed, all development shall coordinate with a right-of-way improvement plan. A right-of-way improvement plan shall be completed by the City in coordination with adjacent property owners, and shall address gateways, signage, landscaping, and shared access.	Once completed, all development shall coordinate with a right-of-way improvement plan. A right-of-way improvement plan shall be completed by the City in coordination with adjacent property owners, and shall address gateways, signage, landscaping, and shared access.
AUTOMALL IMPROVEMENT PLAN COMPLIANCE	All development shall coordinate with the Automall Improvement Plan adopted by Resolution No. 3457. The plan addresses potential street vacations, right-of-way improvements, area gateways, signage, landscaping, circulation, and shared access.	All development shall coordinate with the Automall Improvement Plan adopted by Resolution No. 3457. The plan addresses potential street vacations, right-of-way improvements, area gateways, signage, landscaping, circulation, and shared access.
MODIFICATIONS		Where full compliance with these provisions would create a hardship for existing uses undergoing major modifications, the Zoning Administrator may modify them. Hardship for existing uses may result from existing lot coverage, existing siting of buildings, etc., which preclude full compliance.

(Amd. Ord. 5355, 2-25-2008)

E. POTENTIAL WAIVER OF STREET VACATION FEES FOR DEALERSHIPS LOCATED WITHIN THE RENTON AUTOMALL AREA A:

All street vacation fees and compensation for the right-of-way may be waived by the Council for developing properties in Area A, provided:

1. The properties are designated to be vacated on the Automall Improvement Plan Map,

2. The application for street vacation conforms to RMC 9-14-10, Administrative Procedure for Right-of-Way Vacations, and

3. The uses proposed conform to subsection C of this Section. (Amd. Ord. 4749, 10-19-1998)

F. DEVELOPMENT STANDARDS FOR USES LOCATED WITHIN THE NORTHEAST FOURTH STREET, PUGET DRIVE, RAINIER AVENUE, AND SUNSET BOULEVARD BUSINESS DISTRICTS:

1. Northeast Fourth, Puget, Rainier, and Sunset Business Districts:

a. Maximum Front Yard Setback: Maximum front setback of fifteen feet (15') from the property line. In the NE Fourth Business District, the fifteen-foot (15') setback may be modified to accommodate the Boulevard Improvement Plan. When the fifteen-foot (15') setback is modified, a fifteen-foot (15') landscaped buffer shall be required within the enlarged setback. Required parking shall not be located within a modified setback.

b. Public Plazas: There shall be provision of a public plaza of no less than one thousand (1,000) square feet with a minimum dimension of twenty feet (20') on one side abutting the sidewalk. The pub-

lic plaza must be landscaped consistent with RMC 4-4-070, including at minimum street trees, decorative paving, pedestrian-scaled lighting, and seating. These public plazas are to be provided at all intersections in the business districts at the intersections identified:

i. In the NE 4th Business District, any intersection with NE 4th Street.

ii. In the Sunset Business District, any intersection with Sunset Boulevard.

iii. In the Puget Business District, at the intersection of Benson Road and Puget Drive.

iv. In the Rainier Avenue Business District, at the intersections of Rainier Avenue and South 3rd, as well as Rainier Avenue and Airport Way.

c. Future Commercial Development Pads: For parcels that are not fully developed, designate appropriate areas for future pad development to occur in later phases.

d. Parking: The maximum number of parking spaces provided for uses within the corridor designation is limited to the minimum requirement in RMC 4-4-080F10, Number of Required Parking Spaces. Garage structures shall not open directly onto a principal arterial or street. Parking lots shall be oriented to minimize their visual impact on the site. No more than six (6) stalls may be consecutively clustered without an intervening landscaped area a minimum of five feet (5') in width and the length of the stall.

e. Pedestrian Connections:

i. Location of Pedestrian Connections:

(a) A minimum of one pedestrian connection shall be provided to connect the entry or entries of each detached building to the street in addition to sidewalks required in RMC 4-6-060F.

(b) A minimum of one pedestrian connection shall be provided from each parking field located on the back and/or side of a building to the entry or entries.

(c) A minimum of one pedestrian connection shall be provided from each side of a property or development abutting or adjacent to commercial and/or residential uses.

(d) Space for the minimum required pedestrian connections above shall be reserved for future pad development and when the proposed development is abutting or adjacent to an unused parcel.

ii. Design Standard for Internal Pedestrian Connections:

(a) Pedestrian connections shall be ADA accessible and a minimum of five feet (5') in width.

(b) At least one of the following materials shall be used to define the walkway: pavers, changes in texture, or changes in the composition of the paving.

(c) The entry and exit of the walkway shall be defined with a trellis, special railing, bollards, or other architectural features, as approved by the Reviewing Official.

(d) Planting strips required in RMC 4-6-060F shall be located between the road and the required sidewalk. Trees, shrubs, ground covers, and perennial planting are required components of landscaping. Landscaping is subject to the requirements of RMC 4-4-070.

(e) Bollards or other decorative features may be provided at the pedestrian access points between commercial and residential uses. Chains across vehicular or pedestrian access points are prohibited.

f. Additional Standards for Stand Alone Residential Uses: Site design shall include design elements that support a quality mixed use business district. The following minimum standards shall be met; however, the Reviewing Official may require additional elements consistent with site plan review criteria when determined necessary to integrate commercial and residential uses within this district.

i. Street Grid: The project shall use a modified street grid system where residential buildings are oriented to a street. A public street grid system within the project shall be provided. No cul-de sacs allowed. Hammerhead turnarounds may only be used if the ends are able to accommodate future connection as part of the modified street grid system. Emergency fire access shall be provided through public streets or private easements connecting to the adjacent commercial or residential area.

ii. Site Design: Each unit shall address the public street, private street, or court with a private residential entry on the front facade of the structure designed to provide individual ground floor connection to the outside.

iii. Residential Building Size: A maximum of four (4) consecutively attached units shall be allowed.

iv. Minimum Land Area: A minimum of one thousand two hundred (1,200) square feet of land area per dwelling unit is required. Each dwelling shall have a ground-related private useable outdoor space of at least two hundred (200) square feet with a minimum dimension of ten feet (10').

v. Building Design Standards: Urban Design Regulations District B standards shall be required. See RMC 4-3-100. Distinctive building design shall be provided with a superior level of quality for materials, details, and window placement. A consistent visual identity shall be applied to all sides of building that can be seen by the general public. Buildings should integrate pitched roofs, dormer windows, etc., to illustrate residential massing. Variation of modulation of vertical and horizontal facades of a minimum of six feet (6') depth and twenty feet (20') length is required at a minimum of a forty-foot (40') interval to reduce overall bulk and add interest and quality. Facades may be articulated with bays, terraces, balconies, awnings, stoops, recessed openings, etc. Large “boxes” without articulation are not allowed. No parapet or roof line shall exceed one-half the length of the building facade without a change in elevation. Building entries should be the most prominent feature of the facade, emphasized through the use of materials and architectural detail such as towers, projections, varied roofs, trellis work, pergolas, or covered entryways.

vi. Walling and Fencing: Any walling or fencing shall use materials used in the architectural treatment of the dwellings. In addition, where fencing occurs between residential and commercial uses, a minimum of one pedestrian access point shall be required consistent with the standards above.

vii. Additional Residential Parking Standards: Parking must be within an enclosed structure located to the rear of the primary structure or in a detached garage with rear access. If this absolutely cannot be accomplished due to physical constraints of the site, then garages shall be designed to have minimum impact on streetscape appearance and function through the use of shared drives, architectural detailing, or facade design. The required guest spaces for attached residential uses may be surface parking.

g. Additional Standards for Mixed Use (Within the Same Building) Commercial and Residential Uses: Site design shall include design elements that support a quality mixed use business district. The following minimum standards shall be met; however, the Reviewing Official may require additional elements consistent with site plan review criteria when determined necessary to integrate commercial and residential uses within this district.

i. Access: Hammerhead turnarounds may only be used if the ends are able to accommodate future connection as part of a modified street grid system. Emergency fire access shall be provided through public streets or private easements connecting to the adjacent commercial or residential area.

ii. Site Design: Commercial space must be reserved on the ground floor of all mixed use buildings, at a minimum depth of thirty feet (30') along the street frontage on the ground floor in the NE 4th, Sunset, Rainier, and Puget Business District Overlay. Residential uses shall not be located in the ground floor commercial space, except for a residential entry feature linking the residential portion of the development to the street.

iii. Building Design Standards: Urban Design Regulations District B standards shall be required. See RMC 4-3-100. Distinctive building design shall be provided with a superior level of quality for materials, details, and window placement. A consistent visual identity shall be applied to all sides of building that can be seen by the general public. Variation of modulation of vertical and horizontal facades of a minimum of six feet (6') depth and twenty feet (20') length is required at a minimum of a forty-foot (40') interval to reduce overall bulk and add interest and quality. Facades may be articulated with bays, terraces, balconies, awnings, stoops, recessed openings, etc. Large “boxes” without articulation are not allowed. No parapet or roof line shall exceed one-half the length of the building facade without a change in elevation. Building entries should be the most prominent feature of the facade, emphasized through the use of materials and architectural detail such as towers, projections, varied roofs, trellis work, pergolas, or covered entryways.

iv. Additional Mixed Use Parking Standards: Parking for the residential units must be within an enclosed structure located under the residential portion of the building. The required guest spaces for residential uses may be surface parking.

2. Rainier Avenue Business District: The district shall have the following additional requirements:

a. Access points are to be consolidated to properties.

b. New billboards prohibited.

c. Freestanding signs are restricted to monument signs.

d. Sidewalk width at the intersections of Rainier Avenue and SW Sunset Boulevard/South Third Street, Rainier Avenue and South Third Place, and Rainier Avenue and South Fourth Place shall be ten feet (10'), minimum.

e. Maximum setback of fifteen feet (15'). Building setback for a primary use may exceed the maximum; provided, that a designated area for a future pad development that will conform to the maximum setback is established through a recorded document.

f. The number of parking spaces provided for uses within the district is limited to the minimum requirement. (Amd. Ord. 5331, 12-10-2007)

G. MAPS OF AUTOMALL OVERLAY DISTRICTS:

(Amd. Ord. 5355, 2-25-2008)

H. NE SUNSET BOULEVARD CORRIDOR BUSINESS DISTRICT:

(Ord. 5191, 12-12-2005)

I. NE 4TH STREET CORRIDOR BUSINESS DISTRICT:

(Ord. 5191, 12-12-2005)

J. RAINIER CORRIDOR BUSINESS DISTRICT:

(Ord. 4839, 5-8-2000; Ord. 5100, 11-1-04; Ord. 5191, 12-12-2005; Ord. 5331, 12-10-2007)

K. PUGET DRIVE BUSINESS DISTRICT:

(Ord. 5191, 12-12-2005)

4-3-050 CRITICAL AREAS REGULATIONS:

A. PURPOSE:

1. General: The purposes of this section are to:

a. Manage development activities to protect environmental quality;

b. Assist or further the implementation of the policies of the Growth Management Act, the State Environmental Policy Act, chapter 43.21C RCW, and the City Comprehensive Plan;

c. Provide City officials with information to evaluate, approve, condition or deny public or private development proposals with regard to critical area impacts;

d. Protect the public life, health, safety, welfare, and property by minimizing and managing the adverse environmental impacts of development within and abutting critical areas; and

e. Protect the public from:

i. Preventable maintenance and replacement of public facilities needed when critical area functioning is impaired;

ii. Unnecessary costs for public emergency rescue and relief operations; and

iii. Potential litigation on improper construction practices occurring in critical areas.

2. Aquifer Protection: The overall purpose of the aquifer protection regulations is to protect aquifers used as potable water supply sources by the City from contamination by hazardous materials. Other specific purposes include:

a. Protect the groundwater resources of the City;

b. Provide a means of regulating specific land uses within aquifer protection areas;

c. Provide a means of establishing safe construction practices for projects built within an aquifer protection area; and

d. Protect the City’s drinking water supply from impacts by facilities that store, handle, treat, use, or produce substances that pose a hazard to groundwater quality.

3. Flood Hazards: It is the purpose of the flood hazard regulations to:

a. Minimize public and private losses due to flood conditions in specific areas; and

b. Minimize expenditure of public money and costly flood control projects; and

c. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; and

d. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; and

e. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; and

f. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

4. Geologic Hazards: The purposes of the geologic hazard regulations are to:

a. Minimize damage due to landslide, subsidence or erosion through the control of development; and

b. Protect the public against avoidable losses due to maintenance and replacement of public facilities, property dam-

age, subsidy cost of public mitigation of avoidable impacts, and costs for public emergency rescue and relief operations; and

c. Reduce the risks to the City and its citizens from development occurring on unstable slopes; and

d. Control erosion and sediment run-off from development.

5. Habitat Conservation: The primary purpose of habitat conservation regulations is to minimize impacts to critical habitats and to restore and enhance degraded or lower quality habitat in order to:

a. Maintain and promote diversity of species and habitat within the City; and

b. Coordinate habitat protection with the City’s open space system, whenever possible, to maintain and provide habitat connections; and

c. Help maintain air and water quality, and control erosion; and

d. Serve as areas for recreation, education, scientific study, and aesthetic appreciation.

6. Streams and Lakes: The purposes of the stream and lake regulations are to:

a. Protect riparian habitat in order to provide for bank and channel stability, sustained water supply, flood storage, recruitment of woody debris, leaf litter, nutrients, sediment and pollutant filtering, shade, shelter, and other functions that are important to both fish and wildlife; and

b. Prevent the loss of riparian acreage and functions and strive for a net gain over present conditions through restoration where feasible; and

c. Protect aquatic habitat for salmonid species. Other fish/aquatic species are addressed through Habitat Conservation regulations (see subsection A5 of this Section).

7. Wetlands: The purposes of the wetland regulations are to:

a. Ensure that activities in or affecting wetlands do not threaten public safety, cause nuisances, or destroy or degrade natural wetland functions and values; and

b. Preserve, protect and restore wetlands by regulating development within them and around them; and

c. Protect the public from costs associated with repair of downstream properties resulting from erosion and flooding due to the loss of water storage capacity provided by wetlands; and

d. Prevent the loss of wetland acreage and functions and strive for a net gain over present conditions. (Ord. 4851, 8-7-2000; Ord. 5137, 4-25-2005)

B. APPLICABILITY – CRITICAL AREAS DESIGNATIONS/MAPPING:

1. Lands to Which These Regulations Apply: The following critical areas, classified in subsections H1 through M1of this Section, are regulated by this Section:

a. Aquifer protection areas.

b. Areas of special flood hazard.

c. Sensitive slopes, twenty five percent (25%) to forty percent (40%) and protected slopes, forty percent (40%) or greater.

d. Medium, high, and very high landslide hazard areas.

e. High erosion hazards.

f. High seismic hazards.

g. Medium and high coal mine hazards.

h. Volcanic hazard areas.

i. Critical habitats.

j. Streams and Lakes.

i. All applicable requirements of this Section apply to Class 2 to 4 water bodies, as classified in subsection L1 of this Section.

ii. Class 5 water bodies, classified in subsection L1 of this Section, are exempt from all provisions of this Section.

iii. Class 1 water bodies, defined in subsection L1 of this Section, are not subject to this section, and are regulated in RMC 4-3-090, Shoreline Master Program Regulations, and RMC 4-9-197, Shoreline Permits.

k. Wetlands, Categories 1, 2 and 3.

2. Mapping – General:

a. The exact boundary of each critical area depicted on maps referenced herein is approximate and is intended only to provide an indication of the presence of a critical area on a particular site. Additional critical areas may be present on a site. The actual presence of critical areas and the applicability of these regulations shall be based upon the classification criteria for each critical area.

b. The Planning/Building/Public Works Department shall provide an annual docket process to update the maps. As of the effective date of the ordinance codified in this section (April 25, 2005), critical area reports prepared for permit applications shall be incorporated into critical area mapping as part of the annual docket process. As a result of studies prepared through the permit application process, where the City required increased buffers rather than standard buffers, it shall be noted on the map.

3. Reports and Submittal Requirements: Study requirements and submittal requirements are required in each regulated critical area as follows:

a. General Submittal Requirements – All Critical Areas: See subsection F of this Section, Submittal Requirements and Fees, and RMC 4-8-120, Submittal Requirements Specific to Application Type.

b. Exempt Activities, Study Requirements: See subsection C4c of this Section, Reports and Mitigation Plans Required.

c. Aquifer Protection Area Permit Submittal Requirements: See subsection H1e of this Section and 4-9-015E.

d. Flood Hazard Data: Flood hazard data is to be applied pursuant to subsection I1b of this Section, Mapping and Documentation.

e. Geologic Hazards Special Studies Required: See subsection J2 of this Section, Special Studies Required.

f. Habitat Conservation Assessment Required: See subsection K2 of this Section, Habitat Assessment Required.

g. Streams and Lakes Studies Required: See subsection L3 of this Section, Studies Required.

h. Wetlands Studies Required: See subsection M3 of this Section, Study Required. (Ord. 4851, 8-7-2000; Ord. 4992, 12-9-2002; Ord. 5137, 4-25-2005)

C. APPLICABILITY – EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES:

1. Applicability: Unless determined to be exempt from permitting and standards, all proposed development, fill, and activities in regulated critical areas and their buffers shall comply with the requirements of this Section. Expansion or alteration of existing activities shall also comply with the requirements of this Section. Any person seeking to determine whether a proposed activity or land area is subject to this Section may request in writing a determination from the City. Such a request for determination shall contain the information requirements specified by the Department Administrator.

a. Aquifer Protection Areas – Compliance with Regulations: The following developments, facilities, uses and activities shall comply with the applicable provisions and restrictions of this Section and chapters 4-4, 4-5, 4-6, 4-9, and 5-5 RMC for the APA zone in which the developments, facilities, uses and activities are located, except as preempted by Federal or State law:

i. Development Permits: Development permits shall be reviewed for compliance with the aquifer protection requirements of this Section.

ii. Facilities: Facilities, as defined in RMC 4-11-060, Definitions F, which are existing, new, or to be closed, are subject to this Section as specified below:

(a) Existing Facilities: All owners of facilities which store, handle, treat, use, or produce hazardous materials or have done so in the past must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this Section;

(b) Existing Facilities – Limitation on Material Increase: 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 subsection C8d(i) of this Section, Prohibited Activities – Aquifer Protection Areas, Zone 1;

(c) New Facilities: All proposals for new facilities within any zone of an aquifer protection area must be reviewed for compliance with this Section prior to issuance of any development permits for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated, used, or produced;

(d) Abandonment: No person, persons, corporation or other legal entity shall temporarily or permanently abandon, close, sell, or otherwise transfer a facility in an APA without complying with the requirements of RMC 4-9-015F, Closure Permit, and permit conditions of this Section;

iii. Hazardous Materials – Use, Production, Storage, Treatment, Disposal, or Management: Persons that store, handle, treat, use, or produce a hazardous material as defined by chapter 4-11 RMC, Definitions, shall be subject to the requirements of this Section, and as further specified below:

(a) All applications for development permits for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated, used, or produced at a location in the APA must be reviewed for compliance with this Chapter by the Department prior to approval.

(b) The focus of review for all permits will be on the hazardous materials that will be stored, handled, treated, used, or produced; and the potential for these substances to degrade groundwater quality.

(c) An inventory of hazardous materials on forms provided by the Department shall be submitted to the Department upon application for a development permit.

(d) Where required by the Department, plans and specifications for secondary containment shall be submitted and shall comply with subsection H2d(i) of this Section, Secondary Containment – Zones 1 and 2. Development permits shall not be issued until plans and specifications for secondary containment, if required, have been approved by the Department.

(e) The Generic Hazardous Materials List attached and incorporated as subsection R of this Section is provided for informational purposes.

iv. Application of Pesticides and Nitrates: Persons who apply pesticides and/or fertilizer containing nitrate in the APA, except for homeowners applying only to their own property, shall comply with subsection H3 of this Section, Use of Pesticides and Nitrates – APA Zones 1 and 2.

v. Construction Activities: Persons engaged in construction activities as defined in RMC 4-11-030, Definitions C, shall comply with subsection H7 of this Section, Construction Activity Standards – Zones 1 and 2, and RMC 4-4-030C8, Construction Activity Standards – APA Zones 1 and 2;

vi. Fill Material: Persons placing fill material on sites within the APA shall comply with subsection H8 of this Section, Fill Material Requirements – Zones 1 and 2, and RMC 4-4-060L4, Fill Material;

vii. Fuel Oil Heating Systems: Owners of facilities and structures shall comply with subsection C8d(i)(i) and C8d(ii)(f) of this Section, Prohibited Activities – Aquifer Protection Areas, Zones 1 and 2, relating to conversion of heating systems to fuel oil and installation of new fuel oil heating systems.

viii. Pipelines: Owners of pipelines as defined in RMC 4-11-160 shall comply with subsection H6 of this Section, Pipeline Requirements;

ix. Solid Waste Landfills: Owners of existing solid waste landfills shall comply with subsection H9 of this Section, Regulations for Existing Solid Waste Landfills – Zones 1 and 2;

x. Surface Water Systems: Surface water systems shall meet the requirements of subsection H5 of this Section, Surface Water Requirements, and RMC 4-6-030E, Drainage Plan Requirements and Methods of Analysis;

xi. Unauthorized Release: All persons shall comply with subsection H10 of this Section, Hazardous Materials – Release Restrictions – Zones 1 and 2, and RMC 4-9-015G, Unauthorized Releases;

xii. Wastewater Disposal Systems: Owners of structures that are connected to existing on-site sewage disposal systems and proposed wastewater disposal systems shall comply with subsection H4 of this Section, Wastewater Disposal Requirements, and RMC 4-6-040J, Sanitary Sewer Standards, Additional Requirements that Apply within Zones 1 and 2 of an Aquifer Protection Area.

2. Permit Required:

a. Permit Required – Development or Alteration: Prior to any development or alteration of a property containing a critical area as defined in subsection B of this Section, Applicability – Critical Areas Designations/Mapping, the owner or designee must obtain a development permit, critical area permit, and/or letter of exemption. No separate critical area permit is required for a development proposal which requires development permits or which has received a letter of exemption. If a proposed activity is not exempt and does not otherwise require a development permit, but is subject to this Section, the Department Administrator shall determine whether to grant or deny a separate critical areas permit based upon compliance with applicable standards and regulations of this Section.

b. Aquifer Protection Area – Operating and Closure Permits: Aquifer protection area operating permit and closure permit requirements are contained in RMC 4-9-015, Aquifer Protection Area Permits.

3. Finding of Conformance Required:

a. General: Conformance with these critical area regulations shall be a finding in any approval of a development permit or aquifer protection area permit, and such finding shall be documented in writing in the project file.

b. Aquifer Protection Areas: No changes in land use shall be allowed nor shall permits for development be issued if the Department finds that the proposed land use, activity, or business is likely to impact the long-term, short-term or cumulative quality of the aquifer. The finding shall be based on the present or past activities conducted at the site; hazardous materials that will be stored, handled, treated, used or produced; and the potential for the land use, activity, or business to degrade groundwater quality.

4. Letter of Exemption:

a. Aquifer Protection, Flood Hazards, Geologic Hazards, Habitat Conservation, Streams and Lakes, Wetlands: Except in the case of public emergencies, all exemptions in subsections C5, C6 and C7 of this Section require that a letter of exemption be obtained from the Department Administrator prior to construction or initiation of activities.

b. Applicability of Section Requirements to Exempt Activities: Exempt activities provided with a letter of exemption may intrude into the critical area or required buffer subject to any listed conditions or requirements. Exempt activities do not need to comply with mitigation ratios of subsection M11 of this Section, Wetlands Creation and Restoration, or subsection M12 of this Section, Wetland Enhancement, unless required in exemption criteria.

c. Reports and Mitigation Plans Required: A report for the specific critical area affected, and/or enhancement or mitigation plan shall be required pursuant to subsections H to M of this Section, unless otherwise waived by the Department Administrator.

d. Administrator Findings: In determining whether to issue a letter of exemption for activities listed in subsections C5, C6, and C7 of this Section, the Administrator shall find that:

i. The activity is not prohibited by this or any other chapter of the RMC or State or Federal law or regulation;

ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles;

iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored, unless the exemption is a wetland below the size thresholds pursuant to subsection C5f(i) of this Section;

iv. Where water body or buffer disturbance has occurred in accordance with an exemption during construction or other activities, revegetation with native vegetation shall be required.

v. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data.

5. Specific Exemptions – Critical Areas and Buffers: Specific exempt activities are listed in the following table. If an “X” appears in a box, the listed exemption applies in the specified critical area and required buffer. If an “X” does not appear in a box, then the exemption does not apply in the particular critical area or required buffer. Where utilized in the following table the term “restoration” means returning the subject area back at a minimum to its original state following the performance of the exempt activity. Activities taking place in critical areas and their associated buffers and listed in the following table are exempt from the applicable provisions of this Section, provided a letter of exemption has been issued per subsection C4 of this Section, Letter of Exemption. Whether the exempted activities are also exempt from permits will be determined based upon application of chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code.

EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS
EXEMPT ACTIVITY	Aquifer Protection Area	Flood Hazard Area	Geologic Hazard Area	Habitat Conservation Area	Streams and Lakes: Class 2 to 4	Wetlands
a. Conservation, Enhancement, Education and Related Activities:
i. Natural Resource/Habitat Conservation or Preservation: Conservation or preservation of soil, water, vegetation, fish and other wildlife.	X1	X	X	X	X	X
ii. Enhancement activities as defined in chapter 4-11 RMC.		X	X	X	X	X
iii. Approved Restoration/Mitigation: Any critical area and/or buffer restoration or other mitigation activities which have been approved by the City.	X1	X	X	X	X	X
b. Research and Site Investigation:
i. Education and Research: Nondestructive education and research.	X1	X	X	X	X	X
ii. Site Investigative Work: Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities. Investigative work shall not disturb any more than five percent (5%) of the critical area and required buffer. In every case, impacts shall be minimized and disturbed areas shall be immediately restored at a 1:1 ratio.	X1	X	X	X	X	X
c. Agricultural, Harvesting, Vegetation Management:
i. Harvesting Wild Foods: The harvesting of wild foods in a manner that is not injurious to natural reproduction of such foods and provided the harvesting does not require tilling of soil, planting of crops or alteration of the critical area.	X1	X	X	X	X	X
c. Agricultural, Harvesting, Vegetation Management: (Continued)
ii. Existing/Ongoing Agricultural Activities: Existing and ongoing agricultural activities including farming, horticulture, aquaculture and/or maintenance of existing irrigation systems. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation; provided, that the agricultural activity must have been conducted within the last five years. Activities that bring a critical area into agricultural use are not part of an ongoing operation. Maintenance of existing legally installed irrigation, ditch and pipe systems is allowed; new or expanded irrigation, ditch, outfall or other systems are not exempt. If it is necessary to reduce the impacts of agricultural practices to critical areas, the Responsible Official may require a farm management plan based on the King County Conservation District’s Farm Conservation and Practice Standards, or other best management practices.		X	X	X	X	X
iii. Dead or Diseased Trees: Removal of dead, terminally diseased, damaged, or dangerous ground cover or hazard trees which have been certified as such by a forester, registered landscape architect, or certified arborist, selection of which to be approved by the City based on the type of information required, or the City prior to their removal.	X1	X	X	X	X: Limited to cutting of hazard trees; such hazard trees shall be retained as large woody debris in the stream/buffer corridor, where feasible.	X: Tree cutting of hazard trees or other woody vegetation accomplished such that trees are retained in the wetland and buffer where feasible.
d. Surface Water:
i. New Surface Water Discharges: New surface water discharges to wetland Categories 1, 2 and 3, or buffers of Categories 1, 2 and 3, and to streams or lakes from detention facilities, presettlement ponds or other surface water management structures; provided, the discharge meets the requirements of the Storm and Surface Water Drainage Regulations (RMC 4-6-030); will not result in significant adverse changes in the water temperature or chemical characteristics of the wetland or stream/lake water sources; and there is no increase in the existing rate of flow unless it can be demonstrated that the change in hydrologic regime would result in equal or improved wetland or stream/lake functions and values. Where differences exist between these regulations and RMC 4-6-030, these regulations will take precedence.				X	X	X
ii. New or Modified Regional Stormwater Facilities: Regional stormwater management facilities to be operated and maintained under the direction of the City Surface Water Utility that are proposed and designed consistent with the Washington State Department of Ecology Wetlands and Stormwater Management Guidelines or meeting equivalent objectives. For habitat conservation areas, this exemption applies only to Category 1 wetlands.				X	X	X
iii. Flood Hazard Reduction: Implementation of public flood hazard reduction and public surface water projects, where habitat enhancement and restoration at a 1:1 ratio are provided, and appropriate Federal and/or State authorization has been received.		X			X
iv. Storm Drainage Piping: Installation of new storm drainage lines in any geologic hazard area when a geotechnical report clearly demonstrates that the installation would comply with the criteria listed in RMC 4-3-050J2b and that the installation would be consistent with each of the purposes of the geologic hazard regulations listed in RMC 4-3-050A4. Also, to qualify for the exemption, the report must propose appropriate mitigation for any potential impacts identified in the report.			X
e. Roads, Parks, Public and Private Utilities:
i. Relocation of Existing Utilities out of Critical Area and Buffer: Relocation out of critical areas and required buffers of natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment and appurtenances (not including substations), with an associated voltage of fifty five thousand (55,000) volts or less, only when required by a local governmental agency, and with the approval of the City. Disturbed areas shall be restored.	X1	X	X	X	X	X
1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility.

EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS
EXEMPT ACTIVITY	Aquifer Protection Area	Flood Hazard Area	Geologic Hazard Area	Habitat Conservation Area	Streams and Lakes: Class 2 to 4	Wetlands
e. Roads, Parks, Public and Private Utilities: (Continued)
ii. Existing Parks, Trails, Roads, Facilities, and Utilities – Maintenance, Operation, Repair: Normal and routine maintenance, operation and repair of existing parks and trails, streets, roads, rights-of-way and associated appurtenances, facilities and utilities where no alteration or additional fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities to meet established safety standards. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment.			X	X	X	X
iii. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right-of-Way or Easements: Within existing and improved public road rights-of-way or easements, installation, construction, replacement, operation, overbuilding or alteration of all natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right-of-way, this exemption does not apply. Where applicable, restoration of disturbed areas shall be completed.			X	X	X	X
e. Roads, Parks, Public and Private Utilities: (Continued)
iv. Modification of Existing Utilities and Streets by Ten Percent (10%) or Less: Overbuilding (enlargement beyond existing project needs) or replacement of existing utility systems and replacement and/or rehabilitation of existing streets, provided: (1) The work does not increase the footprint of the structure, line or street by more than ten percent (10%) within the critical area and/or buffer areas, and occurs in the existing right-of-way boundary or easement boundary. (2) Restoration shall be conducted where feasible. Compensation for impacts to buffers shall include enhancement of the remaining buffer area along the impacted area where there is enhancement opportunity. (3) The Administrator determines that, based on best judgment, a person would not: (a) be able to meaningfully measure, detect, or evaluate insignificant effects; or (b) expect discountable effects to occur. (4) This exemption allows for 10% maximum expansion total, life of the project. After the 10% expansion cap is reached, future improvements are subject to all applicable provisions of this Section.			X	X: Exemption is not allowed in Category 1 wetlands.		X: Exemption is not allowed in Category 1 wetlands.
v. Vegetation Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks: Maintenance activities, including routine vegetation management and essential tree removal, and removal of non-native invasive vegetation or weeds listed by the King County Noxious Weed Board or other government agency, for public and private utilities, road rights-of-way and easements, and parks.		X	X	X	X: Trees shall be retained as large woody debris in the stream/buffer corridor, where feasible.	X: Tree cutting and vegetation management accomplished such that trees are retained in the wetland and buffer where feasible.
f. Wetland Disturbance, Modification and Removal:
i. Any Activity in Small Category 3 Wetlands: Any activity affecting hydrologically isolated Category 3 wetland no greater than two thousand two hundred (2,200) square feet when consistent with all of the following criteria: (1) Standing water is not present in sufficient amounts, i.e., approximately twelve inches (12") to eighteen inches (18") in depth from approximately December through May, to support breeding amphibians; (2) Species listed by Federal or State government as endangered or threatened, or the presence of essential habitat for those species, are not present; (3) Some form of mitigation is provided for hydrologic and water quality functions, for example, stormwater treatment or landscaping or other mitigation; and (4) A wetland assessment is prepared by a qualified professional demonstrating the criteria of the exemption are met. The wetland assessment shall be subject to independent secondary review at the expense of the applicant consistent with subsection F7 of this Section.						X
ii. Temporary Wetland Impacts: Temporary disturbances of a wetland due to construction activities that do not include permanent filling may be permitted; provided, that there are no permanent adverse impacts to the critical area or required buffer, and areas temporarily disturbed are restored at a 1:1 ratio. Category 1 wetlands and Category 2 forested wetlands shall be enhanced at a 2:1 ratio in addition to being restored. For habitat conservation areas, this exemption applies only to Category 1 wetlands.				X		X
g. Maintenance and Construction – Existing Uses and Facilities:
i. Remodeling, Replacing, Removing Existing Structures, Facilities, and Improvements: Remodeling, restoring, replacing or removing structures, facilities and other improvements in existence on the date this section becomes effective and that do not meet the setback or buffer requirements of this section provided the work complies with the criteria in RMC 4-10-090.			X	X	X	X
g. Maintenance and Construction – Existing Uses and Facilities: (Continued)
ii. Maintenance and Repair – Any Existing Public or Private Use: Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility or public structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment.			X	X	X	X
iii. Modification of an Existing Single Family Residence: Construction activity connected with an existing single family residence and/or garage; provided, that the work does not increase the footprint of the structure lying within the critical area or buffer; and provided, that no portion of the new work occurs closer to the critical area or required buffers than the existing structure unless the structure or addition can meet required buffers. Existing or rebuilt accessory structures associated with single family lots such as fences, gazebos, storage sheds, and play houses are exempt from this Section. New accessory structures may be allowed when associated with single family lots such as fences, gazebos, storage sheds, play houses and when built on and located in a previously legally altered area.			X	X	X	X
iv. Existing Activities: Existing activities which have not been changed, expanded or altered, provided they comply with the applicable requirements of chapter 4-10 RMC.		X	X	X	X	X
h. Emergency Activities:
i. Emergency Activities: Emergency activities are those which are undertaken to correct emergencies that threaten the public health, safety and welfare pursuant to the criteria in subsection C9b of this Section. An emergency means that an action must be undertaken immediately or within a time frame too short to allow full compliance with this Section, to avoid an immediate threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation.	X1	X	X	X	X	X
ii. Emergency Tree/Ground Cover Cutting or Removal by Agency or Utility: Removal of trees and/or ground cover by any City department or agency and/or public or private utility in emergency situations involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility.	X1	X	X	X	X: Downed hazard trees shall be retained as large woody debris in the stream/buffer.	X: Tree cutting and vegetation management accomplished such that trees are retained in the wetland and buffer where feasible.
iii. Emergency Activities in Aquifer Protection Area: Public interest emergency use, storage, and handling of hazardous materials by governmental organizations.	X1
i. Hazardous Materials:
i. Federal or State Pre-emption: Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency.	X1
ii. Use of Materials with No Risk: Use, storage, and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Department.	X1
1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility.

6. Limited Exemptions: Activities that are exempt from some, but not all provisions of this Section are listed in the following table. If an “X” appears in a box, the listed exemption applies in the specified critical area and required buffer. If an “X” does not appear in a box, then the exemption does not apply in the particular critical area or required buffer. Whether the exempted activities are also exempt from permits will be determined based upon application of chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code.

LIMITED EXEMPTIONS – WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS
EXEMPT ACTIVITY	Aquifer Protection Area	Flood Hazard Area	Geologic Hazard Area	Habitat Conservation Area	Streams and Lakes: Class 2 to 4	Wetlands
a. Hazardous Materials:
i. Materials for Sale in Original Small Containers: Hazardous materials offered for sale in their original containers of five (5) gallons or less shall be exempt from requirements in subsections H2d(i) through (vi) of this Section and the requirements pertaining to removal of existing facilities in subsection H2a(i).	X1
ii. Activities Exempt from Specified Aquifer Protection Area Requirements: The following are exempt from requirements in subsections H2d(i) through (vi) of this Section, the requirements pertaining to review of proposed facilities in subsection C8d, Prohibited Changes in Land Use and Types of New Facilities – Aquifer Protection Areas, and the requirements pertaining to removal of existing facilities in subsection H2a(i).	X1
(1) Hazardous materials use, storage, and handling in de minimis amounts (aggregate quantities totaling twenty (20) gallons or less at the facility or construction site). Weights of solid hazardous materials will be converted to volumes for purposes of determining whether de minimis amounts are exceeded. Ten (10) pounds shall be considered equal to one gallon.	X1
(2) Noncommercial residential use, storage, and handling of hazardous materials; provided, that no home occupation business (as defined by chapter 4-11 RMC) that uses, stores, or handles more than twenty (20) gallons of hazardous material is operated on the premises.	X1
(3) 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.	X1
(4) Fuel oil used in existing heating systems.	X1
(5) Hazardous materials used, stored, and handled by the City of Renton in water treatment processes and water system operations.	X1
a. Hazardous Materials: (Continued)
(6) 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 except for refueling associated with construction activity regulated by subsection H7 of this Section, Construction Activity Standards – Zones 1 and 2.	X1
(7) Hazardous materials contained in properly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use.	X1
(8) Hazardous materials in fuel tanks and fluid reservoirs attached to private or commercial equipment and used directly in the operation of that equipment.	X1
(9) Hazardous materials in aerosol cans.	X1
(10) 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.	X1
(11) Hazardous materials used for janitorial purposes at the facility where the products are stored.	X1
(12) 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 treatments, grooming aids, health aids, and medicines.	X1
iii. Uses, Facilities, and Activities in Zone 1 Modified Aquifer Protection Area Exempt from Specified Aquifer Protection Area Requirements: Facilities located in the Zone 1 Modified Aquifer Protection Area in Figure 4-3-050Q1 are exempt from the following:	X1
(1) Removal requirements in subsection H2a(i) of this Section except that the storage, handling, use, treatment, and production of tetrachloroethylene (e.g., dry-cleaning fluid) shall continue to be prohibited;	X1
(2) Additional facility requirements in subsection H2d(vi) of this Section;	X1
a. Hazardous Materials: (Continued)
(3) Wastewater requirements in RMC 4-6-040J1a but shall be subject to Zone 2 requirements in RMC 4-6-040J2;	X1
(4) The prohibition of septic systems contained in subsection C8d(i)(f) of this Section; and	X1
(5) Surface water management requirements of RMC 4-6-030E except that Zone 2 requirements contained in RMC 4-6-030E shall apply.	X1
1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility.

7. Exemptions in Buffers: The activities listed in the following table are allowed within critical area buffers, and are exempt from the applicable provisions of this Section, provided a letter of exemption has been issued per subsection C4 of this Section, Letter of Exemption. If an “X” appears in a box, the listed exemption applies in the specified buffer. If an “X” does not appear in a box, then the exemption does not apply in the required buffer. Whether the exempted activities are also exempt from permits will be determined based upon application of chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code.

EXEMPTIONS WITHIN CRITICAL AREA BUFFERS
EXEMPT ACTIVITY	Aquifer Protection Area	Flood Hazard Area	Geologic Hazard Area	Habitat Conservation Area	Streams and Lakes: Class 2 to 4	Wetlands
a. Activities in Critical Area Buffers:
i. Trails and Open Space: Walkways and trails, and associated open space in critical area buffers located on public property, or where easements or agreements have been granted for such purposes on private property. All of the following criteria shall be met.			X	X	X	X
(1) The trail, walkway, and associated open space shall be consistent with the Comprehensive Parks, Recreation, and Open Space Master Plan. The City may allow private trails as part of the approval of a site plan, subdivision or other land use permit approvals.
(2) Trails and walkways shall be located in the outer twenty-five percent (25%) of the buffer, i.e., the portion of the buffer that is farther away from the critical area. Exceptions to this requirement may be made for:
Trail segments connecting to existing trails where an alternate alignment is not practical.
Public access points to water bodies spaced periodically along the trail.
(3) Enhancement of the buffer area is required where trails are located in the buffer. Where enhancement of the buffer area adjacent to a trail is not feasible due to existing high quality vegetation, additional buffer area or other mitigation may be required.
(4) Trail widths shall be a maximum width of twelve (12) feet. Trails shall be constructed of permeable materials. Impervious materials may be allowed if pavement is required for handicapped or emergency access, or safety, or is a designated nonmotorized transportation route or makes a connection to an already dedicated trail, or reduces potential for other environmental impacts.
ii. Stormwater Management Facilities in Buffer: Stormwater management facilities in critical area buffers including stormwater dispersion outfall systems designed to minimize impacts to the buffer and critical area, where the site topography requires their location within the buffer to allow hydraulic function, provided the standard buffer zone area associated with the critical area classification is retained pursuant to subsection L or M6c of this Section, and is sited to reduce impacts between the critical area and surrounding activities. For Habitat Conservation Areas, this exemption applies only to Category 1 wetlands. Stormwater management facilities located in wetland buffers shall require buffer enhancement or buffer averaging when they are sited in areas of forest vegetation.				X	X	X

8. Prohibited Activities: Prohibited activities are identified below for each critical area governed by this Section.

a. General – All Critical Areas: No action shall be taken by any person, company, agency, or applicant which results in any alteration of a critical area except as consistent with the purpose, objectives, and requirements of this Section.

b. Prohibited Activities – Floodways: Encroachments, including fill, new construction, substantial improvements, and construction or reconstruction of residential structures is prohibited within designated floodways, unless it meets the provisions of subsection I4 of this Section, Additional Restrictions within Floodways.

c. Prohibited Activities – Streams/Lakes and Wetlands: Grazing of animals is not allowed within a stream, lake, wetland or their associated buffers.

d. Prohibited Changes in Land Use and Types of New Facilities– Aquifer Protection Areas.

i. Zone 1:

(a) Changes in land use and types of new facilities in which any of the following will be on the premises:

(1) More than five hundred (500) gallons of hazardous material;

(2) More than one hundred fifty (150) gallons of hazardous material in containers that are opened and handled;

(3) Containers exceeding five (5) gallons in size; or

(4) Tetrachloroethylene (e.g., dry-cleaning fluid).

(b) Surface impoundments (as defined in chapters 173-303 and 173-304 WAC);

(c) Hazardous waste treatment, storage, and disposal facilities;

(d) All types of landfills, including solid waste landfills;

(e) Transfer stations;

(f) Septic systems;

(g) Recycling facilities that handle hazardous materials;

(h) Underground hazardous material storage and/or distribution facilities;

(i) New heating systems using fuel oil except for commercial uses when the source of fuel oil is an existing above-ground waste oil storage tank; and

(j) Petroleum product pipelines.

ii. Zone 2:

(a) Surface impoundments (as defined in chapters 173-303 and 173-304 WAC);

(b) Recycling facilities that handle hazardous materials;

(c) Hazardous waste treatment, storage, and disposal facilities;

(d) Solid waste landfills;

(e) Transfer stations;

(f) New heating systems using fuel oil stored in underground storage tanks; and

(g) Petroleum product pipelines.

9. Temporary Emergency Exemption Procedure:

a. Temporary Emergency Exemption Purpose: Temporary emergency exemptions shall be used only in extreme cases and not to justify poor planning by an agency or applicant.

b. Temporary Emergency Exemption Review Authority and Decision Criteria: Issuance of an emergency permit by the City does not preclude the necessity to obtain necessary approvals from appropriate Federal and State authorities. Notwithstanding the provisions of this section or any other City laws to the contrary, the Department Administrator may issue a temporary emergency exemption letter if the action meets the following requirements:

i. An unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted;

ii. The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this Section and other applicable laws;

iii. Any emergency exemption letter granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for nonemergency activities under this Section.

c. Temporary Emergency Exemption Letter Process and Timing: The emergency exemption shall be consistent with the following procedural and time requirements:

i. Time Limits: The emergency shall be limited in duration to the time required to complete the authorized emergency activity; provided, that no emergency permit be granted for a period exceeding ninety (90) days except as specified in subsection C9c(ii) of this Section.

ii. Restoration Required: Require, within the ninety (90) day period, the restoration of any critical area altered as a result of the emergency activity, except that if more than ninety (90) days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration. For the purposes of this paragraph, restoration means returning the affected area to its state prior to the performance of the emergency activity.

iii. Public Notice Required: Notice of the issuance of the emergency permit and request for public comments shall be posted at the affected site(s) and City Hall no later than ten (10) days after the issuance of the emergency permit. If significant comments are received, the City may reconsider the permit.

iv. Expiration of Exemption Authorization: The emergency exemption authorization may be terminated at any time without process upon a determination by the Department Administrator that the action was not or is no longer necessary to protect human health or the environment.

10. Nonconforming Activities or Structures: Regulated activities legally in existence prior to the passage of this Section, but which are not in conformity with the provisions of this Section are subject to the provisions of RMC 4-10-090, Critical Areas Regulations – Nonconforming Activities and Structures. (Ord. 4851, 8-7-2000; Ord. 4992, 12-9-2002; Ord. 5137, 4-25-2005; Ord. 5308, 9-24-2007)

D. ADMINISTRATION AND INTERPRETATION:

1. General Provisions – All Critical Areas:

a. Duties of Administrator: The Planning/Building/Public Works Administrator (the Department Administrator) or his/her duly authorized representative, shall have the power and authority to enforce the provisions of this Section. For such purposes he/she shall have the power of a law enforcement officer.

b. Interpretation: The Department Administrator shall have the power to render interpretations of this Section and to adopt and enforce rules and regulations supplemental to this Section as he/she may deem necessary in order to clarify the application of the provisions of this Code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Section.

c. Compliance: Unless specifically exempted by this Section, the City shall not grant any approval or permit any regulated activity in a critical area or associated buffer prior to fulfilling the requirements of this Section.

d. Reviewing Official: Wherever referenced in this Section, Reviewing Official refers to the decision-making official or body authorized to grant permit approval for an activity.

2. Aquifer Protection:

a. Inspections Authorized: The Department Administrator or his/her designee shall have the right to conduct inspections of facilities at all reasonable times to determine compliance with this Section.

i. Annual Inspections: All permitted facilities in an APA will be subject to a minimum of one inspection per year by a Department inspector or designee.

ii. Monthly Inspections: All permitted facilities in Zone 1 of the aquifer protection area will be subject to monthly inspections to determine compliance with the provisions of the Section.

b. Potential to Degrade Groun