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TECHNICAL COMMITTEE REPORT To: Planning Commission From: Technical Committee Staff Contacts: Erika Vandenbrande, Director, Planning and Community Development [PHONE REDACTED] Martin Pastucha, Director, Public Works [PHONE REDACTED] Jae Hill, AICP, Manager, Long Range Planning [PHONE REDACTED] Kimberly Dietz, Senior Planner [PHONE REDACTED] Date: November 7, 2018 Project File Number: LAND-2018-01232 Project Name: Redmond Zoning Code – Periodic Cleanup (Minor Amendments) Related File Numbers: SEPA-2018-01265 Applicant: City of Redmond Applicant’s Representative: Same as staff contacts Reason for Proposal Adoption: The proposed amendments are recommended by the Technical Committee to provide a periodic cleanup to portions of the Redmond Zoning Code (RZC) and Redmond Municipal Code (RMC). The amendments correct typographical errors; address inconsistencies or missing references to other portions of the RZC, RMC, and state and federal regulations; and revise place names, outdated terminology, and identifiers. ---PAGE BREAK--- Redmond Zoning Code - Periodic Cleanup (Minor Amendments) LAND-2018-01232 Technical Committee Report Page 2 of 11 The recommended minor corrections have been determined to be exempt from SEPA review per WAC 197-11- 800.19(B) as follows: (19) Procedural actions. The proposal, amendment or adoption of legislation, rules, regulations, resolutions or ordinances, or of any plan or program shall be exempt if they are: … Text amendments resulting in no substantive changes respecting use or modification of the environment. … I. APPLICANT PROPOSAL A. APPLICANT City of Redmond B. BACKGROUND AND REASON FOR PROPOSAL The City of Redmond periodically proposes amendments to its development regulations to address errors, discrepancies, and ambiguities. As a normal course of business, staff records proposed code corrections as discovered during the interim between the City Council’s action on such, then brings the collected amendments to the City Council for concurrence and approval. Staff also identifies other potential code updates due to changed conditions, new state or federal regulation, and emerging technologies or practices. Since the City Council’s last such action (Ord. 2803, eff. Oct. 17, 2015), staff has logged over 120 items including necessary code corrections and administrative interpretations. Staff analyzed and organized the comprehensive list of corrections and interpretations into three categories based on the item’s intent and scope (Attachment - Minor corrections include typographical errors, inconsistent or missing references to other portions of the RZC, revised place names, and outdated terminology or identifiers. Such minor corrections are exempt from SEPA review per WAC 197-11-800.19(B). - Policy consistent amendments are anticipated to require a relatively small amount of discussion and include issues such as clarifying vague language, providing definitions, and creating consistency with recently ---PAGE BREAK--- Redmond Zoning Code - Periodic Cleanup (Minor Amendments) LAND-2018-01232 Technical Committee Report Page 3 of 11 updated state laws. Beginning in 2019, staff will further develop these items for subsequent consideration and action. - New policy amendments are likely to result in significant discussion and require varying amounts of research. These are also likely to be recommended for individual consideration such as through the annual docketing process. The first of the three categories—minor corrections—is the sole focus of this recommendation; subsequent phases of review will address the remaining categories. For minor corrections, staff considered whether the correction or interpretation was constrained as follows: - Clearly maintains the intent, purpose, and direction of current regulation. - Scope and scale is limited to a small, isolated portion of the RZC. - Administrative interpretation of issue relying solely on existing code for clear and concise direction. II. RECOMMENDATION The Technical Committee recommends approval of the proposed amendments to the Redmond Zoning Code and Redmond Municipal Code. III. PRIMARY ISSUES CONSIDERED The primary issues considered for this package were clarity, accuracy, consistency and updates based on changed conditions. The Existing Conditions section below provides general descriptions and representative examples of the corrections, organized by type. Attachment A provides additional information concerning the individual amendments. IV. SUPPORTING ANALYSIS A. EXISTING CONDITIONS Corrections for Clarity The following describe amendments that improve the clarity of code in sections where the existing code is somewhat vague, define terminology in association with federal and state regulations, or reduce confusion where the code inaccurately describes a condition: • RZC 21.08.070 RIN (Residential Innovative) Single-Family Urban Residential to clarify for smaller dwelling units. • RZC 21.20.030 General Requirements and Incentives to clarify a Multifamily Property Tax Exemption reference pursuant to City Council’s action. • RZC 21.52.020 Transportation Management Program to clarify application of the Transportation Management Program. ---PAGE BREAK--- Redmond Zoning Code - Periodic Cleanup (Minor Amendments) LAND-2018-01232 Technical Committee Report Page 4 of 11 • RZC 21.64.040 Frequently Flooded Areas to correct terminology for hydraulic modeling. • RZC 21.72.060 Tree Protection Standards to clarify language regarding Development, a defined term. • RZC 21.76.050 Permit Types and Procedures to clarify the measurement of business days regarding the Hearing Examiner’s issuance of recommendation. • RZC 21.76.090.C Termination of Approval of Type I, II, and III Permits to ensure consistency between code sections, clarifying expiration per RZC Limitation of Preliminary Approval. • Clarifying the definitions of Manufacturing and Wholesale Trade and Story (of a structure). • RMC 7.04.154 Beekeeping to clarify language regarding this activity as a permitted use. This representative example recommends a clarification to accurately address the type of model used to map frequently flooded areas and to ensure consistency with the similar description of the modeling such as by the Washington Administrative Code (WAC): A hydraulic model is used for the type of analysis described in RZC 21.64.040 Frequently Flooded Areas. This name should be consistent with industry terminology for clarity and for reference to state regulations such as 220-660 WAC Hydraulic Code Rules. 21.64.040 Frequently Flooded Areas … 2. Classification of frequently flooded areas shall be determined by the Committee based on consideration of the following factors: a. Maps adopted pursuant to this chapter including the frequently flooded areas map, which identifies the approximate location and extent of the 100-year floodplain. This map shall be used as a general guide only for the assistance of property owners and other interested parties; boundaries are generalized. The actual type, extent, and boundaries of frequently flooded areas shall be determined in the field by a qualified consultant according to the procedures, definitions, and criteria established by this chapter. In the event of any conflict between the critical area location and designation shown on the City’s map and the criteria or standards of this section, the criteria and standards shall prevail. The City will employ hydrologic hydraulic models to define the extent of the zero-rise floodway. If the zero-rise floodway has not yet been defined for the property in question, the applicant will be responsible for modeling the base flood elevation and delineating the extent of the zero-rise floodway, consistent with the assumptions in the Bear Creek Basin Plan as adopted by the City. In ---PAGE BREAK--- Redmond Zoning Code - Periodic Cleanup (Minor Amendments) LAND-2018-01232 Technical Committee Report Page 5 of 11 the absence of a City hydrologic hydraulic model, FEMA data will be acceptable; Correction of References The following recommendations correct references to other sections of the RZC or RMC, ensuring accurate navigation for users of the code: • RZC 21.10.060 Bear Creek (BC), Valley View (VV), and Trestle (TR) Zones to repair a cross-reference to design guidelines. • RZC 21.10.150 Pedestrian System to correct references regarding the pedestrian system plan. • RZC 21.70.070 Responsible Official to correct reference to the RMC regarding the Technical Committee. • RZC 21.76.020 Overview of Development Process and RZC 21.76.060 Process Steps and Decision Makers to correct reference to the RZC regarding Design Standards. • RZC 21.76.070 Land Use Actions and Decision Criteria to correct a reference to RZC Variances. • RMC 3.10.080 Calculation of park, fire, and school impact fees using adopted fee schedules to correct reference to the 2007 North American Industry Classification System (NAICS) edition. This representative example recommends amending a reference for accuracy, correcting the code numbering to a specific section of the RZC. Table 21.10.060B Regulations Common to All Uses Standard Notes and Exceptions Other Standards 2 Stories A. The maximum height may be increased to four stories when the site’s development plan can demonstrate the goals and objectives outlined in Comprehensive Plan Policy DT-37, and the design guidelines outlined in RZC 21.62.020.G.2.cC are met through the site plan entitlement process. Correction of Inadvertent Omissions The following are amendments that rectify inadvertent omissions: • RZC 21.08.260 Attached Dwelling Units to include the RIN zoning designation regarding minimum lot sizes for multiplexes. • RZC 21.13.020 Northeast Design District to correct references to Ecological Score Requirements. • RMC 7.04.157 Chickens to include the number of chickens allowed in the RIN zone. ---PAGE BREAK--- Redmond Zoning Code - Periodic Cleanup (Minor Amendments) LAND-2018-01232 Technical Committee Report Page 6 of 11 This representative example recommends an amendment to restore specific use of the ecological score as an incentive for new development and to remove a newly obsolete reference. The omission occurred through Ordinance 2858, eff. Dec. 6, 2016 — a comprehensive, detailed amendment regarding Low Impact Development. Table 21.13.020F Incentive Program Applicable Performance Areas Maximum Incentive Increase ecological score to 46 by incorporating items 18 or 19, 6 or 20, and 7, 13 and 17. 13 or 14, 6 or 15, 7, and 12. NDD1 1 additional story b. Increase ecological score to 46 by incorporating items 18 or 19, 6 or 20, and 7, 13 and 17 13 or 14, 6 or 15, 7, and 12: incorporate green roofs or landscaped roofs, additional replacement trees or canopy- forming trees, and vegetated walls, and land for community food gardens and pervious paving for nonpollution-generating impervious surfaces, according to the standards described in RZC 21.32.060, Ecological Score Requirements. Map Repair The following recommended map repairs ensure consistency with the associated RZC text: • RZC 21.12 Overlake Regulations to include new street names in maps and associated code sections, as authorized by the Fire Chief per RMC 15.06 Fire Code. • RZC 21.13.140 MDD Building Placement and Form to provide consistency in terminology between code and associated map regarding pedestrian oriented uses and to provide clarity regarding measurement of Height Overlay Area depth. Administrative Interpretations RZC 21.76.100.D authorizes the code administrator — the Director of Planning and Community Development or designated representative to interpret the provisions of the RZC except where expressly provided otherwise. The following recommendations were previously approved as Administrative Interpretations: ---PAGE BREAK--- Redmond Zoning Code - Periodic Cleanup (Minor Amendments) LAND-2018-01232 Technical Committee Report Page 7 of 11 • RZC 21.08.180 Residential Development and Architectural, Site, and Landscape Design Regulations to clarify the technique for measuring a structure’s height. • RZC 21.08.180.D.2.b Building Orientation to clarify the methods for setting back a garage from the front street elevation and providing a transition area in the front yard toward the front street. • RZC 21.76.070.Y Site Plan Entitlement to clarify whether a site plan entitlement applies to light rail transit systems. • To clarify the definitions of a Preliminary Plat. B. COMPLIANCE WITH CRITERIA FOR PLAN AMENDMENTS Redmond Comprehensive Plan Policies PI-16 and LU-26 direct the City to take several considerations, as applicable, into account as part of decisions on proposed amendments to the Comprehensive Plan. The following is an analysis of how this proposal complies with the requirements for amendments. 1. Consistency with Growth Management Act (GMA), State of Washington Department of Commerce Procedural Criteria, VISION 2040 or its successor, and the King County Countywide Planning Policies. The proposal considers direction by the GMA, the Department of Commerce, VISION 2040, and Countywide Planning Policies. GMA’s planning goals include encouraging development in urban areas, reducing sprawl, encouraging efficient multimodal transportation systems, providing a variety of housing choices and levels of affordability, encouraging economic development, maintaining and enhancing natural resources and open space, protecting the environment and quality of life, and encouraging community participation in planning processes. RCW 36.70A establishes the procedural requirements for planning and maintaining consistency between a jurisdiction’s Comprehensive Plan and development regulations. The proposal addresses minor corrections as amendments to the Redmond Zoning Code and Redmond Municipal Code, ensuring previously established consistency with Redmond Comprehensive Plan policies as well as with direction by the GMA, the Department of Commerce, VISION 2040, and Countywide Planning Policies. Staff provided notice to the Department of Commerce on October 29, 2018, consistent with the required notification procedures (RCW 36.70A.106 and WAC 365-196-630). ---PAGE BREAK--- Redmond Zoning Code - Periodic Cleanup (Minor Amendments) LAND-2018-01232 Technical Committee Report Page 8 of 11 2. Consistency with Redmond’s Comprehensive Plan, including the following sections as applicable: a. Consistency with the goals contained in the Goals, Vision and Framework Policy Element. The proposal is limited to minor corrections within the RZC and RMC concerning typographical errors; inconsistencies or missing references to other portions of the RZC, RMC, and state and federal regulations; and revise place names, outdated terminology, and identifiers. The amendments maintain existing purpose, intent, and scope of current policies and codes, therefore continuing to ensure consistency with the Goals, Vision, and Framework Policy Element as previously established by the City Council’s respective actions. b. Consistency with the preferred land use pattern as described in the Land Use Element. Similarly, the proposal’s individual amendments also maintain previously established consistency with the City’s preferred land use pattern as described in the Land Use Element. c. Consistency with Redmond’s community character objectives as described in the Community Character/Historic Preservation Element or elsewhere in the Comprehensive Plan. The proposal, comprised of minor corrections, clearly avoids modifications to the purpose, intent, and scope of the respective portions of the RZC and RMC. Therefore, as previously established through City Council actions, the amendments continue to maintain consistency with Redmond’s community character objectives. d. Consistency with other sections as applicable including the Natural Environment; Economic Vitality; Transportation; Parks, Arts, Recreation, Culture and Conservation Elements. As the proposed amendments herein avoid modifications to the purpose, intent, and scope of respective portions of the RZC and RMC, the proposal also continues to maintain consistency with the Natural Environment; Economic Vitality; Transportation; Parks, Arts, Recreation, Culture and Conservation Elements of the Comprehensive Plan. ---PAGE BREAK--- Redmond Zoning Code - Periodic Cleanup (Minor Amendments) LAND-2018-01232 Technical Committee Report Page 9 of 11 3. Potential general impacts to the natural environment, such as impacts to critical areas and other natural resources, including whether development will be directed away from environmentally critical areas and other natural resources. The proposal, limited to minor corrections as described above, does not change citywide policies or regulations that protect the environment. 4. Potential general impacts to the capacity of public facilities and services. For land use related amendments, whether public facilities and services can be provided cost-effectively and adequately at the proposed density/intensity. The proposal, being comprised of amendments that maintain respective portions of the RZC and RMC, does not propose changes that would result in impacts to the capacity of public facilities and services. 5. Potential general economic impacts, such as impacts for business, residents, property owners, or City Government. The proposal is limited to minor corrections within the RZC and RMC concerning typographical errors; inconsistencies or missing references to other portions of the RZC, RMC, and state and federal regulations; and revise place names, outdated terminology, and identifiers. As the amendments avoid modifications to the purpose, intent, and scope of existing policies and regulations, economic conditions for businesses, residents, or property owners will not be altered. Due to the amendments addressing accuracy and clarity of the code, it is anticipated that the proposal will enhance the efficiency and communication between the City Government and its customers such as during interactions involving the Development Services Center. 6. For issues that have been considered within the last four annual updates, whether there has been a change in circumstances that makes the proposed amendment appropriate or whether the amendment is needed to remedy a mistake. The City Council’s last action of this nature was on October 17, 2015 for action on Ordinance 2803. Minor corrections to the RZC and RMC are processed periodically, with staff recording such issues and need for the City Council’s action during the interim between such actions. C. RELATIONSHIP TO PENDING AMENDMENTS IN THE 2017-18 COMPREHENSIVE PLAN AMENDMENT PACKAGE. ---PAGE BREAK--- Redmond Zoning Code - Periodic Cleanup (Minor Amendments) LAND-2018-01232 Technical Committee Report Page 10 of 11 The proposal has been reviewed to confirm that the respective amendments avoid impacting or addressing the substance of policies and code pending action via the 2017-2018 Comprehensive Plan Amendment package. The amendments contained herein include minor corrections that are non-substantive in scope, limited to typographical errors, inconsistent or missing references to other portions of the RZC, revised place names, and outdated terminology or identifiers. V. AUTHORITY AND ENVIRONMENTAL, PUBLIC AND AGENCY REVIEW A. AMENDMENT PROCESS RZC 21.76.070.AE and 21.76.050.K require that amendments to the Comprehensive Plan or Zoning Code (except zoning map amendments consistent with the Comprehensive Plan) be reviewed under the Type VI process. Under this process, the Planning Commission conducts a study session(s), an open record hearing(s) on the proposed amendment, and makes a recommendation to the City Council. The City Council is the decision-making body for this process. B. SUBJECT MATTER JURISDICTION The Redmond Planning Commission and the Redmond City Council have subject matter jurisdiction to hear and decide whether to adopt the proposed amendment. C. WASHINGTON STATE ENVIRONMENTAL POLICY ACT (SEPA) The City of Redmond, as the lead agency for this proposal, determined on October 31, 2018 that the proposal is categorically exempt from the SEPA threshold determination and EIS requirements pursuant to WAC 197-11- 800.19(b). D. 60-DAY STATE AGENCY REVIEW State agencies were sent 60-day notice of the proposed amendments on October 29, 2018. E. PUBLIC INVOLVEMENT The public has opportunities to comment on the proposed amendment through the Planning Commission review process and public hearing. A public hearing is scheduled for December 12, 2018. The hearing notice is attached as Exhibit C. ---PAGE BREAK--- Redmond Zoning Code - Periodic Cleanup (Minor Amendments) LAND-2018-01232 Technical Committee Report Page 11 of 11 During development of the recommended amendments, notice regarding the proposal was provided through the following City of Redmond webpages: • Zoning Code; • Development; and • Public Hearing Notices. Notice was also provided by mail and email to the parties of record regarding the 2015 Comprehensive Plan and Zoning Code Miscellaneous Amendments (Ord. 2803, eff. Oct. 17, 2015). F. APPEALS RZC 21.76.070.AE identifies Zoning Code Amendments as a Type VI permit. Final action is held by the City Council. The action of the City Council on a Type VI proposal may be appealed by filing a petition with the Growth Management Hearing Board pursuant to the requirements. VI. LIST OF EXHIBITS Exhibit A: Recommended Redmond Zoning Code and Redmond Municipal Code Periodic Cleanup – Minor Corrections 2018 - 2019 Exhibit B: Categorical Exemption from SEPA Determination Exhibit C: Public Hearing Notice for December 12, 2018 Hearing Conclusion in Support of Recommendation: The Technical Committee has found the proposal to be in compliance with the Redmond Zoning Code, Redmond Comprehensive Plan, Redmond Municipal Code, and State Environmental Policy Act (SEPA) rules. ERIKA VANDENBRANDE, MARTIN PASTUCHA, Director of Planning & Community Development Director of Public Works