HomeMy WebLinkAboutORD 6120CITY OF RENTON, WASHINGTON
ORDINANCE NO. 6120
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4-1-190.D, 4-1-190.G.4, AND 4-1-190.1.2 OF THE RENTON
MUNICIPAL CODE, AMENDING IMPACT FEE REGULATIONS REGARDING IMPACT
FEE DEDUCTIONS, AND ADDING A DEFINITION AND IMPACT FEE EXEMPTION
STANDARDS RELATED TO EARLY LEARNING FACILITIES, AUTHORIZING
CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, pursuant to RCW 82.02.050, the purpose of impact fees is to ensure that
adequate public facilities are available to serve new growth and development by imposing fees
on that new growth and development which are proportional to the impact it has on the City in
regards to transportation, parks, fire and emergency services, and schools; and
WHEREAS, the City seeks to exempt early learning facilities from eighty percent (80%) of
the transportation impact fees pursuant to RCW 82.02.060; and
WHEREAS, RMC 4-1-190.G.4 provides a time limit of three years for which the credit
toward impact fees from the previous use of most vacant buildings can be utilized; and
WHEREAS, RMC 4-1-190.G.4 does not apply a vacancy time limit for single family dwelling
units in order to use an impact fee deduction, and the City seeks to extend this to all dwelling
unit types; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on June 2, 2023, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
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WHEREAS, the Planning Commission held a public hearing on June 21, 2023, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
SECTION II. Subsection 4-1-190.D of the Renton Municipal Code is amended as follows:
D. DEFINITIONS:
The words and terms defined below shall have the following meanings for the
purposes of this Section, unless the context clearly requires otherwise. Terms
otherwise not defined herein shall be defined pursuant to RCW 82.02.090 or
given their usual and customary meaning.
1. "Administrator" means the Administrator or designee of the Department
of Community and Economic Development.
2. "Applicant" for the purposes of this Section includes an entity that controls
the applicant, is controlled by the applicant, or is under common control with
the applicant.
3. "Building permit" means an official document or certification which is
issued by the City and which authorizes the construction, alteration,
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enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
demolition, moving, or repair of a building or structure or any portions thereof.
4. "Capital facilities plan" means the capital facilities element of the City's
Comprehensive Plan adopted pursuant to chapter 36.70A RCW and such plan as
amended.
5. "City" means the City of Renton.
6. "Classrooms" means educational facilities of each respective school district
that the district determines are necessary to best serve its student population
and that are required to house students for its basic educational program.
Specialized facilities as identified by the school district, including but not limited
to gymnasiums, cafeterias, libraries, administrative offices, and child care
centers, shall not be counted as classrooms.
7. "Construction cost per student" means the estimated cost of construction
of a permanent school facility in the school district for the grade span of school
to be provided, as a function of the school district's design standard per grade
span and the requirements of students with special needs.
8. "Council" means the Renton City Council.
9. "Department" means the City's Department of Community and Economic
Development.
10. "Development activity" means any construction or expansion of a
building, structure, or use, any change in use of a building or structure, or any
changes in the use of land that generate the need for additional public facilities.
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11. "Development approval" means any written authorization from the City
of Renton which authorizes the commencement of a development activity.
12. "Early Learning Facility" is the same as defined in RCW 43.31.565(3) as now
enacted or hereafter amended.
4413. "Elderly" means a person aged sixty two (62) or older.
1414. "Encumbered" for transportation and parks means to reserve, set aside,
or otherwise earmark impact fees in order to pay for commitments, contractual
obligations, or other liabilities incurred for system improvements. For school and
fire it means impact fees identified by the district or RRFA as being committed as
part of the funding for a facility for which the publicly funded share has been
assured or building permits sought or construction contracts let.
1415. "Feepayer" is any person, collection of persons, or department or
bureau of any governmental entity or municipal corporation commencing a
development activity which creates the demand for additional system
improvements and which requires the issuance of a building permit or a permit
for a change of use. "Feepayer" includes an applicant for an impact fee credit.
1-516. "Fee Schedule" is the City of Renton Fee Schedule detailing amounts to
be paid for various permits, licenses, etc., that is published, kept on file, and made
available to the public on the City's website and in the office of the Renton City
Clerk.
4417. "Fire capital facilities plan" means the RRFA's capital improvement plan
adopted by the RRFA's governing board that includes the following:
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a. An inventory of existing capital facilities and equipment owned by the
RRFA, their locations, and capacities.
b. The identification of the demands projected new development is
anticipated to place on existing fire protection facilities and equipment.
c. A forecast of the capital facilities and equipment necessary to meet the
RRFA's adopted level of service with the increased demand of new development
within the RRFA.
d. The proposed locations of expanded or new capital facilities and
equipment and the associated timeline for construction or expansion.
e. At least a six (6) year financing component, updated as necessary to
maintain at least a six (6) year forecast period, for financing needed fire protection
facilities within projected funding levels, and identifying sources of financing for
such purposes, including bond issues.
f. Any other long-range projects planned by the RRFA.
4418. "Fire protection" shall mean fire protection facilities, including but not
limited to fire stations, fire apparatus, and any furnishings and equipment that can
be capitalized.
1919. "Grade span" means the categories into which a school district groups
its grades of students, i.e., elementary school, middle or junior high school, and
high school.
4420. "Hearing Examiner" shall mean that person or persons acting as the
Renton Hearing Examiner.
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-2-821. "Impact fee" means a payment of money imposed by the City of Renton
on development activity pursuant to this Section as a condition of granting
development approval. An impact fee does not include a reasonable permit fee,
an application fee, the administrative fee for collecting and handling impact fees,
the fee for reviewing independent fee calculations, or the fee for deferring
payment of impact fees.
2422. "Impact fee account(s)" means the separate accounting structure(s)
within the City's established accounts, which structure(s) shall identify separately
earmarked funds and which shall be established for the impact fees that are
collected. The account(s) shall be established pursuant to subsection M of this
Section and shall comply with the requirements of RCW 82.02.070.
2423. "Independent fee calculation" means the transportation impact fee
calculation, and/or economic documentation prepared by a feepayer, to support
the assessment of a transportation, parks or fire protection impact fee other than
by the use of the rates published in the Fee Schedule, or the calculations prepared
by the department where none of the fee categories or fee amounts in the Fee
Schedule accurately describe or capture the impacts of the development activity
on public facilities.
2-324. "Owner" means the owner of record of real property, although when
real property is being purchased under a real estate contract, the purchaser shall
be considered the owner of the real property if the contract is recorded.
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2425. "Parks" shall mean parks, open space, and recreation facilities including
but not limited to land, improvements, and any furnishings and equipment that
can be capitalized.
2-526. "Permanent school facilities" means the facilities of a school district with
a fixed foundation which are not relocatable facilities.
2-627. "Permit for change of use or change of use permit" means an official
document which is issued by the City which authorizes a change of use of an
existing building or structure or land.
2:�28. "Project improvements" means site improvements and facilities that are
planned and designed to provide service for a particular development project, are
necessary for the use and convenience of the occupants or users of the project,
and are not system improvements. No improvement or facility included in a
capital facilities plan adopted by the Council shall be considered a project
improvement.
-2-829. "Public facilities," for purposes of this Section, means the following
capital facilities owned or operated by the City of Renton, school districts, Renton
Regional Fire Authority, or other governmental entities: public streets and roads,
public parks, open space and recreation facilities and fire protection facilities.
2330. "Rate Study" means any rate study relating to impact fees for
transportation, parks, or fire protection adopted by the City of Renton.
3031. "Relocatable facility" means any factory -built structure, transportable in
one or more sections, such as that which is designed to be used as an education
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space needed to prevent the overbuilding of school facilities to meet the needs of
service areas within a school district, or to cover the gap between the time that
families move into new residential developments and the date that construction
is completed on permanent school facilities.
-3432. "Relocatable facilities cost per student" means the estimated cost of
purchasing and siting a relocatable facility in a school district for the grade span of
school to be provided, as a function of a school district's design standard per grade
span and the requirements of students with special needs.
2433. "RRFA" means the Renton Regional Fire Authority, a Washington State
municipal corporation established and operating pursuant to chapter 52.26 RCW.
'L334. "School capital facilities plan" means each respective school district's
capital facilities plan adopted by the School Board, which shall consist of:
a. A forecast of future needs for school facilities based on the school
district's enrollment projections;
b. The long-range construction and capital improvements projects of the
school district;
c. The schools under construction or expansion;
d. The proposed locations and capacities of expanded or new school
facilities;
e. At least a six (6) year financing plan component, updated as necessary
to maintain at least a six (6) year forecast period, for financing needed school
facilities within projected funding levels, and identifying sources of financing for
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such purposes, including bond issues authorized by the voters and projected bond
issues not yet authorized by the voters; and
f. Any other long-range projects planned by the school district.
-435. "School district design standard" means the space required, by grade
span, including the requirements of students with special needs, which is needed
in order to fulfill the educational goals of the school district as identified in each
respective school district's capital facilities plan.
-3-536. "Site cost per student" means the estimated cost of a site in a school
district for the grade span of school to be provided, as a function of the school
district's design standard per grade span and the requirements of students with
special needs.
-3637. "Standard of service" means the standard adopted by a school district
which identifies the program year, the class size by grade span and the
requirements of students with special needs, the number of classrooms, the types
of facilities the school district believes will best serve its student population, and
other factors as identified by a school district. The school district's standard of
service shall not be adjusted for any portion of the classrooms housed in
relocatable facilities which are used as transitional facilities or for any specialized
facilities housed in relocatable facilities. Except as otherwise defined by the School
Board pursuant to a Board resolution, "transitional facilities" shall mean those
facilities that are used to cover the time required for the construction of
permanent school facilities; provided, that the school district has the necessary
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financial commitments in place to complete the permanent school facilities called
for in the school district's capital facilities plan.
37-38. "Street" or "road" means a public right-of-way and all related
appurtenances, including lawfully required off -site mitigation, which enable
motor vehicles, transit vehicles, bicycles, and pedestrians to travel between
destinations. For purposes of this Section, public streets and roads are collectively
referred to as "transportation."
3939. "Student factor" means the number derived by a school district to
describe how many students of each grade span are expected to be generated by
a dwelling unit. Student factors shall be based on a school district's record of
average actual student generation rates for new developments constructed over
a period of not more than five (5) years prior to the date of the fee calculation;
provided, that if such information is not available in the school district, data from
adjacent districts, districts with similar demographics, or countywide averages
may be used. Student factors must be separately determined for single family and
multi -family dwelling units, and for grade spans.
3940. "System improvements," for purposes of this Section, means public
facilities that are included in the City of Renton's capital facilities plan, and such
plan as amended, and are designed to provide service to the community at large,
in contrast to project improvements.
4941. "Transportation" means public streets and roads and related
appurtenances.
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SECTION III. Subsection 4-1-190.G.4 of the Renton Municipal Code is amended
as follows:
4. Impact Fee Deductions for Vacant Structures or Buildings: For the
purposes of this Section, an existing structure or building or portion thereof
charged impact fees can be deemed vacant only after it has first been occupied.
For development that is charged impact fees for commercial uses) occupancy
shall be demonstrated by the issuance of a business license. Impact fee deductions
for vacant structures or buildings shall apply as follows: T"^"^ ;s net ,'i^,i* ^^ *"^
a. When an existing structure or building or portion thereof has been
vacant for less than three (3) years, the impact fee shall be the applicable impact
fee for the land use category of the new use, less any impact fee previously paid
for the land use category of the prior use. If no impact fee was paid for the prior
use, the impact fee for the new use shall be reduced by an amount equal to the
current impact fee rate for the prior use.
b. Except for dwelling units, Wwhen an existing structure or building or
portion thereof has been vacant for a period of three (3) years or more, the impact
fee shall be the applicable impact fee for the land use of the new category; there
shall not be a deduction of the impact fee that was or was not previously paid for
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the land use category of the prior use. Dwelling units are eligible for impact fee
deductions regardless of the duration the unit has been vacant.
SECTION IV. Subsection 4-1-190.1.2 of the Renton Municipal Code is amended to add a
new subsection 4-1-190.1.2.h to read as follows:
2. Transportation, Parks, and Fire Impact Fees: Except as provided for
below, the following shall be exempted from the payment of all transportation,
parks, and fire impact fees:
a. Alteration or replacement of an existing residential structure that does
not create an additional dwelling unit or change the type of dwelling unit.
b. Alteration or replacement of an existing nonresidential structure that
does not expand the usable space or change the existing land use.
c. Miscellaneous improvements which do not generate increased need
for public facilities, including, but not limited to, fences, walls, residential
swimming pools, and signs.
d. Demolition or moving of a structure.
e. Projects that have undergone prior State Environmental Policy Act
(SEPA) review and received a final decision that includes mitigation requirements
on the condition that the SEPA mitigation obligation has or will be fulfilled by the
time the impact fees, if applicable, would be due.
210.
f. Housing that qualifies for waived fees under the provisions of RMC 4-1-
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g. Temporary manufactured homes for medical hardships that meet the
criteria identified in RMC 4-9-240.
h. An Early Learning Facility is exempt from paying eighty percent (80%)
of the required Transportation Impact Fee. This exemption is reflected in the Fee
Schedule.
SECTION V. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION VII. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City's official newspaper. The summary shall consist of this
ordinance's title.
PASSED BY THE CITY COUNCIL the 2nd day of October, 2023.
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APPROVED BY THE MAYOR this 2nd day of October, 2023.
Approved as to form:
Shane Moloney, City Attorney
Date of Publication: 10/5/2023 (Summary)
ORD-CED:2270:9/5/23
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