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HomeMy WebLinkAboutAgenda AGENDA Planning & Development Committee Regular Meeting 4:30 PM - Thursday, October 11, 2018 Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way 1. Fire Code Amendments a) AB - 2237 Community & Economic Development Department recommends revising Renton Municipal Code (RMC) 4-5, Building and Fire Prevention Standards, to update Private Smoking Clubs, Mobile Food Facilities, fire-suppression systems, and permit and fee requirements. 2. Title IV Docket #13, Groups C & D a) #D-153: Administrative Code Interpretations b) #D-154: Multi-Family Property Tax Exemption & Waived Fees 3. Safe and Healthy Housing a) Memo 4. Emerging Issues in CED AB - 2237 City Council Regular Meeting - 01 Oct 2018 SUBJECT/TITLE: Fire Code Amendments RECOMMENDED ACTION: Refer to Planning & Development Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Craig Burnell, Building Official EXT.: 7290 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: The Renton Regional Fire Authority has requested updates to the amendments to the 2015 edition of the International Fire Code. • The updates establish a clear definition of Private Smoking Club and establish requirements for fire- suppression systems and for mechanical exhaust systems for this use. • The updates establish certain requirements for Mobile Food Facilities relating to fire extinguishers and distance to buildings. • The updates clarify the threshold for installation of automatic sprinkler systems in buildings 5000 square feet and greater. • The updates establish clear requirement for permits required for maintenance or servicing of commercial cooking hood suppression systems. The updates to the amendments establish important safeguards to the public and provide clarification for administration of the Fire Code. EXHIBITS: A. Ordinance STAFF RECOMMENDATION: Adopt the amendments to RMC 4-5 updating Private Smoking Clubs, Mobile Food Facilities, fire-suppression systems, permit and fee requirements. AGENDA ITEM #1. a) 1  CITY OF RENTON, WASHINGTON    ORDINANCE NO. ________    AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING  SUBSECTIONS 4‐5‐070.C, 4‐5‐070.C.10, 4‐5‐070.C.16, 4‐5‐070.C.27, 4‐5‐070.C.33,  4‐5‐070.C.49, AND 4‐5‐070.C.54 OF THE RENTON MUNICIPAL CODE, AMENDING  THE CITY’S AMENDMENTS TO THE 2015 EDITION OF THE INTERNATIONAL FIRE  CODE, ADDING DEFINITIONS, ADDING A NEW SUBSECTION 4‐5‐070.C.78  REGULATING COMMERCIAL COOKING HOOD SUPPRESSION SYSTEM  CONTRACTORS, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN  EFFECTIVE DATE.     THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:  SECTION I. Subsection 4‐5‐070.C.10 of the Renton Municipal Code is amended as  follows:  10. Subsection 105.1.1, Permits required, of the International Fire Code,  2015 Edition, is hereby amended by adding a new subsection, to read as follows:  105.1.1.1 Operational permit fees. The fee for permits issued in  accordance with Subsection 105.6 of the International Fire Code and permits  issued for underground tank removal shall be as stipulated in the City of Renton  Fee Schedule Brochure. Fees for tank storage shall be assessed for each individual  tank.   Exceptions:  1. Permit fees for Class IIIB liquid storage shall be assessed for each  tank up to a total of five tanks, and no additional fee shall be charged for the sixth  through the tenth tank. The eleventh tank and each subsequent tank of Class IIIB  liquids shall be assessed per tank.  AGENDA ITEM #1. a) ORDINANCE NO. ________  2  2. Permit fees for carbon dioxide systems used in beverage dispensing  applications shall be waived.  The permits shall expire one (1) year after date of issuance or as  otherwise noted on the permit. The permit fee shall be payable at or before the  time of issuance or renewal of the permit. In the event of failure to remit payment  for an operational permit within thirty (30) days after receipt of application or  renewal notice, the fee for the permit shall be double the amount of the above‐ stated fee a late fee as specified for Fire Plan Review and Inspection Fees in the  City of Renton Fee Schedule shall be assessed in addition to the permit fees.  SECTION II. Subsection 4‐5‐070.C.16 of the Renton Municipal Code is amended as  follows:  16. Subsection 105.6, Required operational permits, of the International  Fire Code, 2015 Edition, is hereby amended to add two a new subsections to read  as follows:  105.6.4950 Mobile Food Facilities. An operational permit is required  to operate a mobile food facility.  105.6.51 Commercial Cooking Hood Suppression System Contractor.  A permit is required for all companies performing any inspection, service,  maintenance or repair on commercial cooking hood suppression systems. This  permit shall be valid for twenty‐four (24) months.    SECTION III. Subsection 4‐5‐070.C.27 of the Renton Municipal Code is amended as  follows:  AGENDA ITEM #1. a) ORDINANCE NO. ________  3  27. Section 202, General Definitions, of the International Fire Code, 2015  Edition, is hereby amended by adding the following definitions:  AUTOMATED EXTERNAL DEFIBRILLATOR (AED). An automated  external defibrillator (AED) is a portable automatic device used to restore normal  heart rhythm to patients in cardiac arrest.  MOBILE FOOD FACILITY. Permanent and nonpermanent food  operation vehicles that store, prepare, package, serve, vend, or otherwise provide  food for human consumption, on or off the premises.  PRIVATE SMOKING CLUB. A club that is privately operated, employs no  staff and is not open to the public, or which otherwise meets the criteria for such  a club as established by the King County Department of Public Health, that allows  flame lighted or heated smoking materials to be used for personal consumption  and is not located within single family residential or multi‐family residential  building.  SHALL. The word “shall” is defined to have the following meaning:  a. With respect to the functions and powers of the Fire Code  Official, any agents and employees of the City of Renton, and any Board authorized  hereunder, a direction and authorization to act in the exercise of sound discretion  and in good faith; and  b. With respect to the obligations upon owners, occupants of the  premises and their agents, there is a mandatory requirement to act in compliance  with this code at the risk of civil and criminal liability upon failure to so act.  AGENDA ITEM #1. a) ORDINANCE NO. ________  4  SPECIAL EVENT. For the purposes of this code, events that have large  occupant loads or create a potential hazard to the participants or the community  shall be defined as a “special event” including:  a. Any event that occurs in a permitted place of assembly that  introduces a hazard regulated by this code and not approved at the time of the  issuance of the Place of Assembly Permit.  b. Any event with an occupant load that exceeds three hundred  (300) in a location that does not have a Place of Assembly Permit.  c. All temporary places of assembly.  TEMPORARY PLACE OF ASSEMBLY. An occupancy not classified as  “Assembly Group A” that is used for activities normally restricted to assembly  occupancies and limited to a period of less than thirty (30) calendar days of  assembly use.  SECTION IV. Subsection 4‐5‐070.C.33 of the Renton Municipal Code is amended as  follows:  33. Subsection 403.2, Group A occupancies, of the International Fire Code,  2015 Edition, is hereby amended by adding new subsections to read as follows:  403.2.5 Automated External Defibrillators (AED). Group A‐1 through  A‐5 occupancies and special events, with an occupancy load or event of three  hundred (300) or more persons, shall have available and maintain an AED on the  premises.  AGENDA ITEM #1. a) ORDINANCE NO. ________  5  403.2.5.1 Placement. The location of the AEDs shall be as  determined by the Fire Code Official with a one way travel distance not to exceed  six hundred (600) feet.  403.2.5.2 Notification. The Fire Department shall be notified in  writing of the installation and location of an AED on the premises.  403.2.5.3 AED Maintenance. AEDs shall be maintained as per the  manufacturer’s requirements.  403.2.5.4 Automated External Defibrillator (AED) Training. Where  AEDs are required by this code, employees shall be trained in the use of and be  familiar with the locations of the AEDs.  SECTION V. Subsection 4‐5‐070.C of the Renton Municipal Code is amended to add a  new subsection 4‐5‐070.C.49, to read as shown below. All remaining subsections shall be  renumbered accordingly.  49. Section 609, Commercial Kitchen Hoods, of the International Fire Code,  2015 Edition, is amended to add a new subsection, to read as follows:  609.5  Type II hoods.  Type II hoods shall be installed at or above  any heating appliance utilized for the processing and preparation of  smoking materials or smoking related paraphernalia for personal  consumption. Hoods shall comply with the requirements of the  International Mechanical Code. Only approved heating appliances shall be  used for the processing and preparation of smoking materials and/or  AGENDA ITEM #1. a) ORDINANCE NO. ________  6  smoking paraphernalia. Heating appliances shall be installed in an  approved manner.  SECTION VI. Subsection 4‐5‐070.C.50, currently codified as 4‐5‐070.C.49, of the Renton  Municipal Code is amended as follows:  49.50. Chapter 6, Building Services and Systems, of the International Fire  Code, 2015 Edition, is hereby amended to add a new section, to read as follows:  SECTION 612  MOBILE FOOD FACILITIES  612.1 General. Mobile food facilities shall comply with this section.  612.2 Kitchen Hood. A Type I hood shall be installed at or above all  commercial cooking appliances and domestic cooking appliances used for  commercial purposes that produce grease laden vapors. Commercial kitchen  exhaust hoods shall comply with the requirements of the International  Mechanical Code. Hoods shall be inspected, tested and maintained in accordance  with NFPA 96.  612.3 Fire Extinguishers. Approved 2A:20BC 3A:40BC and Type K  rated fire extinguishers shall be provided in each mobile food facility as  determined by the Fire Code Official and the individual hazard presented by the  individual mobile food facility.  612.4 Liquefied petroleum gas (LP‐gas). LP‐gas shall be in  accordance with Chapter 61 and sections 612.4.1 and 612.4.2.  AGENDA ITEM #1. a) ORDINANCE NO. ________  7  612.4.1 Maximum number and quantity. A maximum of two  LP‐gas containers (one hundred (100) pounds each) with a total aggregate water  capacity of two hundred (200) pounds is permitted at one mobile food facility.  612.4.2 LP‐gas cylinder hoses. Hoses shall be designed for a  working pressure of three hundred fifty (350) psig with a safety factor of five to  one (5:1) and shall be continuously marked with LP‐gas, propane, three hundred  fifty (350) working pressure and manufacturer’s name or trademark. Hose  assemblies, after application of couplings, shall have a design capacity of seven  hundred (700) psig. Hose assemblies shall be leak tested at time of installation at  not less than the operating pressure of the system in which they are installed.  612.4.3 LP‐gas cylinders. LP‐gas cylinders shall be secured in an  approved manner in an upright position. LP‐gas cylinders shall not be stored  within the facility at any time. If stored within a compartment, the compartment  shall have approved venting directly to the exterior and must not allow venting to  the interior of the facility at any time. If LP‐gas cylinder storage is added to the  rear of the facility, an appropriate, approved bumper shall be added to the rear of  the facility to provide adequate impact protection. Belly cylinder tanks shall be  installed according to DOT standards.  612.5 Location. Mobile food facilities shall not be located within  twenty ten feet (20'10’) of buildings, tents, canopies or membrane structures or  within ten feet (10') of any other mobile food facility.  Exceptions:   AGENDA ITEM #1. a) ORDINANCE NO. ________  8  1. When mobile food facilities are positioned on public streets,  the distance from buildings may be reduced to five feet (5'). This exception is  designated for events lasting a maximum of no more than three (3) consecutive  calendar days in a row.  2. When located on private property, the distance from buildings  may be reduced to five feet (5’) if exposed by a fire wall constructed of materials  of clay or concrete only and having no openings such as windows or doors.  SECTION VII. Subsection 4‐5‐070.C.55, currently codified as 4‐5‐070.54, of the Renton  Municipal Code is amended as follows:  54.55. Subsection 903.2, Where required, of the International Fire Code,  2015 Edition, is hereby amended to read as follows:  903.2 Where required. Approved automatic sprinkler systems in new  buildings and structures shall be provided in the locations described in this  section.  903.2.1  All newly constructed buildings with a gross square footage of  five thousand (5,000) or greater square feet, regardless of type of use as well as  zero lot line townhouses with an aggregate area of all connected townhouses  equaling five thousand (5,000) or greater square feet must be sprinklered   equipped with sprinklers in accordance with this Chapter. Additions to existing  buildings which would result in a gross floor area greater than five thousand  (5,000) square feet must be retrofitted with an automatic sprinkler system.  Exceptions:  AGENDA ITEM #1. a) ORDINANCE NO. ________  9  1. One‐time additions to International Building Code Group R‐3  occupancies of up to five hundred (500) square feet are permitted without  compliance with this section.  2. Single‐family and duplex dwellings and townhouses built in  compliance with the International Residential Code and meeting fire flow and  access requirements of the City of Renton.  When not required by other provisions of this chapter, a fire‐ extinguishing system installed in accordance with NFPA 13 may be used for  increases and substitutions allowed in Subsections 504.3, 506.2 and Table 601 of  the Building Code.  903.2.2  All newly established building occupancy uses defined as  Private Smoking Clubs. Fire sprinklers shall be installed throughout the entire fire  area utilized for such occupancy, regardless of size of such occupancy.  SECTION VIII. Subsection 4‐5‐070.C of the Renton Municipal Code is amended to add a  new subsection 4‐5‐070.C.78, to read as shown below. All remaining subsections shall be  renumbered accordingly.  78. Subsection 904.12.6, Operations and maintenance, of the  International Fire Code, 2015 Edition, is hereby amended to add a new subsection  to read as follows:  904.12.6.4  Commercial Cooking Hood Suppression System  Contractor.    AGENDA ITEM #1. a) ORDINANCE NO. ________  10  904.12.6.4.1 “Commercial Cooking Hood Suppression System  Contractor” Definition.  A person or organization that offers to undertake the  execution of contracts or accepts payment for the inspection, maintenance, or  servicing of a commercial cooking hood suppression system.   904.12.6.4.2 Penalty for Violation.  It shall be unlawful for any  person or organization to perform an inspection, maintenance, or servicing of a  commercial cooking hood suppression system contractor without a valid permit.  A violations of this section is a misdemeanor, punishable in accordance with RMC  1‐3‐1. Each separate instance where an inspection, maintenance or service was  provided constitutes a separate violation.  SECTION IX. If any section, subsection, sentence, clause, phrase or work of this  ordinance should be held to be invalid or unconstitutional by a court or 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 X. This ordinance shall be in full force and effect thirty (30) 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 this _______ day of ___________________, 2018.                         Jason A. Seth, City Clerk    AGENDA ITEM #1. a) ORDINANCE NO. ________  11  APPROVED BY THE MAYOR this _______ day of _____________________, 2018.                         Denis Law, Mayor    Approved as to form:             Shane Moloney, City Attorney  Date of Publication:      ORD:2014:9/18/18:scr  AGENDA ITEM #1. a) CITY OF RENTON Community and Economic Development Department h:\ced\planning\title iv\docket\d-153 administrative code interpretations\d-153 staff report.docx September 26, 2018 Administrative Code Interpretations Staff: Katie Buchl-Morales Date: September 26, 2018 Applicant or Requestor: N/A ______________________________________________________________________________ General Description: Title IV, Development Regulations, of Renton Municipal Code (RMC) are proposed to be amended based on recent administrative interpretations (attached) of unclear or contradictory code. These administrative decisions have already become effective. This report to the Planning Commission is part of the formal process by which code is to be amended based on such decisions. Municipal code section 4-1-080 provides guidance for Administrative Interpretations as it states: RMC 4-1-080.A.1.a: The Community and Economic Development Administrator, or designee, is hereby authorized to make interpretations regarding the implementation of unclear or contradictory regulations contained in this Title. Any interpretation of the Renton Title IV Development Regulations shall be made in accordance with the intent or purpose statement of the specific regulation and the Comprehensive Plan. Life, safety and public health regulations are assumed to prevail over other regulations. Interpretations are needed where there are unclear or contradictory regulations. Examples include mistakenly placed text, sections of code that lack predictability for users, and where certain situations were not evaluated in updating Title IV. Each decision has a public appeal period and is supplied with a background, justification, decision, and recommended code amendment. For more information about the process or each determination, go to:  Process: http://rentonwa.gov/business/default.aspx?id=24684  Background and decision: https://www.rentonwa.gov/city_hall/community_and_economic_development/long_range_pla nning/administrative_policy___code_interpretations/ Staff Recommendation: Amend code as described by each Administrative Code Interpretation shown below. Impact Analysis: Effect on rate of growth, development, and conversion of land as envisioned in the Plan None Effect on the City’s capacity to provide adequate public facilities None Effect on the rate of population and employment growth None Whether Plan objectives are being met as specified or remain valid and desirable Not applicable Effect on general land values or housing costs AGENDA ITEM #2. a) #D-153 Page 2 of 4 September 13, 2018 None Whether capital improvements or expenditures are being made or completed as expected Not applicable Consistency with GMA and Countywide Planning Policies Not applicable Effect on critical areas and natural resource lands None Staff recommends codifying all code amendments as written within each Administrative Code Interpretation abbreviated below.  CI-127 – Commercial/Office and Residential Thresholds in the COR Zone: ON HOLD  CI-128 – Security Devices for Landscaping Maintenance: CI-128 requires a security device prior to the recording of any plat and added a provision to permit use of security bonds as a way to ensure continued landscaping maintenance.  CI-129 – Residential Outdoor Storage: Extended outdoor storage provisions for zones R-6, R-10 and R-14; these zones were previously not cited.  CI-130 – Fire Impact Fees for Non-profit Organizations: Fire impact fee amounts for emergency response is determined by a Rate Study, which estimates fees needed for service based on the actual costs of providing services and the historical frequency of service needed based on land use. CI-130 removed non-profit organizations from the fee schedule because the Regional Fire Authority documents their emergency response activity based on land use. “Non-profit” status refers to tax-exemptions granted by the Internal Revenue Service and has no bearing on land use; documenting emergency responses based on non- profit status can result in inaccurate predictions of future emergency needs.  CI-131 – Remove the Density Requirement for Assisted Living Facilities in the CO Zone: Clarified and re-applied the geographic boundaries associated with assisted living facilities, which permits them in the area around Valley Medical Center. The boundaries were inadvertently removed with the adoption of Ordinance 5675 in 2012. Secondly, CI-131 removed the minimum density requirement for assisted living facilities because the minimum density threshold was intended for mixed use developments near transit, not assisted living facilities.  CI-132 – Restricted Hours of Operation for Mobile Food Vendors: RESCINDED  CI-133 – Storm Drainage Facility Perimeter Landscaping: CI-133 added a provision that requires perimeter landscaping for storm drainage facilities to be located within the storm drainage tract. The provision was added because staff has received proposals that located portions of the perimeter landscaping on single family lots in order to decrease the size of the stormwater tract and increase the developments yield. The added requirement increases the likelihood of proper maintenance and protects adjacent property owners from incurring costs associated with perimeter landscaping maintenance. AGENDA ITEM #2. a) #D-153 Page 3 of 4 September 13, 2018  CI-134 – Unit Lot Subdivisions in the CV Zone: Clarified that design regulations and parking requirements for unit lot subdivisions are applied consistently to the R-10, R-14, RMF, and CV zones, and granted more flexibility for the building orientation of unit lot subdivisions.  CI-135 – Time Limits for Approved PUDs Not Associated with a Subdivision: Removed conflicts in time limits/expirations for Planned Urban Developments that are not associated with subdivisions and made time limits/expirations consistent with the site plan review process. Prior to CI-135 approval time limits for PUDs were unclear due to two competing expirations. Additionally, the amount of time allotted for large scale commercial/multi- family PUDs was not reasonable given the amount of time needed to prepare, submit, and gain approval of building permits and complete construction.  CI-136 – Denial of TUPs: RMC-4-9-240.J clearly authorizes the Administrator to accept, modify, or condition a Temporary Use Permit; denial powers were unintentionally omitted. CI-136 affirmed denial as an administrative power available to the Administrator for the review of TUPs, reflecting the powers given to the Administrator for other discretionary permits.  CI-137 – Comprehensive Land Use Map: Code and text of the Comprehensive Plan indicate that the CN Zone implements the Residential High Density (RHD) land use designation; the Comprehensive Land Use Map incorrectly shows the land use designation for CN zoned parcels as Commercial Mixed Use. CI-137 corrects the discrepancy to show that CN zoned parcels are designated RHD.  CI-138 – Residential Design; Materials and Color: Clarifies that where masonry siding is proposed at the edge of the façade, it shall also extend along the adjoining face no less than twenty four inches.  CI-139 – Definition of Big Box Retail: Re-named “big-box retail” to “wholesale retail” and amended the definition to address the following: type of consumers, type of products sold, the display and storage of products, and nature of how products are delivered/retrieved from the building rather than the size of the building. The revisions reflect that retail uses should be categorized by the nature of the business rather than physical characteristics of the building.  CI-140 – Retroactive Application of ULS Code: In 2016, code was developed for Unit Lot Subdivisions, which allows for the subdivision of land underlying townhouse units. At the time of adoption a provision was included to allow subdivision of land of existing townhouse developments. CI-140 added a provision that limits retroactive application of ULS code to townhouse developments that obtained a Certificate of Occupancy prior to the adoption of the ULS code in order to prevent circumvention of standards applicable to the ULS code (e.g., street standards).  CI-141 – Nonconforming Uses; Manufactured Home Parks and Detached Dwellings: RMC 4- 10-060 provides standards for existing legally established uses that do not comply with current regulations for the zone. CI-141 added a provision that allows the placement of a manufactured home on a previously approved manufactured home park “lot,” regardless of zoning. An additional provision was added to permit nonconforming, detached single-family AGENDA ITEM #2. a) #D-153 Page 4 of 4 September 13, 2018 dwellings to be altered or enlarged subject to the development standards and use provisions of the R-14 zone rather than the commercial zoning standards that might otherwise be applicable.  CI-142 – Residential Design; Scale, Bulk, and Character: Reinforces the intention of this code section, which is aimed at establishing diverse residential communities. CI-142 requires that a variety of elevations and models that demonstrate a variety of home sizes, character, and a diverse streetscape shall be used. Abutting, adjacent, and diagonal houses must have differing architectural elevations.  CI-143 – Noise Level Regulations; Designation of Zoned Areas: By designating local Environmental Designations for Noise Abatement (EDNA) by zone, the City unintentionally created circumstances where multi-family developments in commercial zones are not afforded the same noise regulations as multi-family development in residential zones. CI- 143 removed zone specific EDNAs from Code and adopts by reference Washington Administrative Code Section 173-60-030, which designates EDNAs by use. PENDING  CI-144 – Site Plan Review for Medical Institutions, Assisted Living and Convalescent Care in Low Density Residential Zones (RC-R-8): Created a provision that requires site plan review for medical institutions, assisted living, and convalescent care facilities, regardless of zone. Prior to CI-144, site plan review was not required in low density residential zones and was added due to the scale and intensity of such projects. PENDING  CI-145 – Clear Vision Area: Amended the definition of “clear vision area” to allow a maximum structure or planting height of forty two inches and prohibited signs over forty two inches in height within twenty of intersections and driveways. Changes were needed to create consistent application of clear vision area standards, as the majority of code sections already reflect forty two inches as the maximum height limit for structures in the clear vision area. PENDING  CI-146 – Rear Yard Setbacks for ADUs: Clarified that the rear setback for accessory dwelling units (ADUs) with a garage or carport should be measured from the farthest edge of the alley right-of-way, rather than the back edge of the alley and that rear yard setbacks for ADUs that do not incorporate a garage or carport should be measured from the rear property line of the property in which it is located. PENDING  CI-147 – Reconsideration of Shoreline Permits: Clarified that reconsideration requests are not permitted for permits subject to the Shoreline Management Act, including Shoreline Substantial Development Permits, Shoreline Conditional Use Permits, and Shoreline Variances. Due to the difference in appeal processes between shoreline permits and other locally issued permits or decisions, the option of a reconsideration request is not appropriate for any type of shoreline permit. PENDING AGENDA ITEM #2. a) Multi-Family Housing Incentives Page 1 of 10 September 27, 2018 CITY OF RENTON Community & Economic Development Department (CED) #D-154 MULTI-FAMILY PROPERTY TAX EXEMPTION & WAIVED FEES Staff: Mark Santos-Johnson Date: September 27, 2018 Applicant or Requestor: Administration GENERAL DESCRIPTION: The Planning and Development Committee requested that CED staff review the Waived Fees multi-family housing incentive and the Multi-Family Housing Property Tax Exemption housing incentive and recommend applicable changes. BACKGROUND: The City Council established the Waived Fees multi-family housing incentive in 2001 and the Multi-Family Housing Property Tax Exemption housing incentive in 2003. One or both of the multi-family housing incentives have been instrumental in facilitating significant new multi-family housing development in the City’s three highest priority redevelopment/revitalization areas, including Downtown Renton, the Sunset Area, and the South Lake Washington area. More specifically, to date, the Waived Fees multi-family housing incentive has been utilized by five completed projects in Downtown Renton and the Sunset Area (including two market-rate condo projects in Downtown Renton and three affordable rental projects in the Sunset Area) and the Multi-Family Housing Property Tax Exemption housing incentive has been used by ten completed projects in Downtown Renton, the Sunset Area, and the South Lake Washington area (including one market rate condo project, eight market-rate rental projects, and one affordable housing rental project). [For more information, please refer to the attached list of Waived Fee - Completed Projects (2001 – Current) and the attached list of Multi-Family Housing Property Tax Exemption - Completed Projects (2003 – Current).] Waived Fees – Background (RMC 4-1-210B and RMC 4-2-210C) The Waived Fees include two elements, an owner-occupied housing incentive (RMC 4-1-210B) and a rental housing incentive (RMC 4-2-210C). In 2001, the City Council approved Ordinance No. 4913 [codified in RMC 4-1-210B (Waived Fees – Owner-Occupied Housing Incentive) as subsequently amended] to allow certain development and mitigation fees for “For Sale” housing to be waived to encourage owner-occupied housing in Downtown Renton. In 2010, the City Council extended the incentive to include eligible owner- occupied housing in the Sunset Area. The Waived Fees housing incentive currently include the following applicable fees which may be waived by the City Council for an eligible project: building permit fees; building permit plan review fees; water, surface water, and wastewater system development charges; Public Works plan review and inspection fees; and fire, transportation, and parks impact mitigation fees. The owner-occupied Waived Fees housing incentive applies to eligible new construction projects with 100% of the housing units platted or condominium “For Sale” housing in the Center Downtown (CD), Center Village (CV), Residential 14 Dwelling Units/Acre (R-14), and Residential Multi-Family (RM-F) zones that are also located in Downtown Renton or the Sunset Area. AGENDA ITEM #2. b) Multi-Family Housing Incentives Page 2 of 10 September 27, 2018 In addition to being located in one of the targeted areas noted above, eligible multi-family owner-occupied housing projects must, for example, be newly constructed and have a minimum of 30 attached dwelling units if located in the CD or CV zones or a minimum of ten attached dwelling units if located in the R-14 or RMF zones. In 2011, the Renton City Council approved Ordinance 5617 [codified in RMC 4-1-210C (Waived Fees – Rental Housing Incentive) as subsequently amended] to allow certain development and mitigation fees for rental housing to be waived to encourage new multi-family rental housing in the Sunset Area (but not Downtown Renton – where only owner-occupied housing continued to be eligible for waived fees). The incentive applies to eligible new multi-family rental housing in the CV, RM-F, and R-14 zones and also located in the Sunset Area. Eligible new affordable multi-family rental housing projects in the Sunset Area received a 100% fee waiver (if a minimum of 50% of the units are set aside as affordable housing for households at or below 60% of the Area Median Income) and eligible new market-rate multi-family rental housing projects received a 50% fee waiver. In addition to being located in the Sunset Area, eligible multi-family rental housing projects must, for example, be newly constructed and have a minimum of 30 attached dwelling units if located in the CV zone or a minimum of eight attached dwelling units if located in the RM-F or R-14 zones. Both the owner-occupied housing Waived Fees incentive and the rental housing Waived Fees incentive expire on December 31, 2018, unless extended by City Council action. Examples of Waived Fees Savings for Project The amount of development and mitigation fee savings for a project depends upon many things, including the nature, quality, and cost of the multi-family housing (e.g., size, type, parking, and amenities) and the applicable fee rates at the time. For illustration purposes, the estimated savings are noted below for one owner-occupied Waived Fees housing incentive project and one rental housing Waived Fees incentive project. Based on the current rates and projections completed at the time (2001), the 55 Williams project with 37 units was expected to receive a total savings of approximately $118,994 from the owner-occupied Waived Fees housing incentive, including $43,748 in fire, transportation and parks mitigation fees, $41,440 in water and wastewater system development charges, and $33,806 in building permit fees. (There were no surface water system development charges since 100% of the site was already an impervious surface from the prior use.) The incentive worked out to a savings of approximately $3,216 per unit in 2001. Based on the current rates and projections completed at the time (in 2011), the Glennwood Avenue Townhomes with eight units was expected to receive a total savings of approximately $52,916 from the rental housing Waived Fees incentive, including $28,609 in water, wastewater, and surface water system development charges, and $24,307 in building permit and plan review and inspection fees. (There were no mitigation fees since the project included eight replacement housing units.) The incentive worked out to a savings of approximately $6,615 per unit in 2011. Multi-Family Housing Property Tax Exemption – Background (RMC 4-1-220) The Multi-Family Housing Property Tax Exemption (Exemption) provision allows the value of qualified new housing construction to be exempt from ad valorem property tax for a limited period of time after AGENDA ITEM #2. b) Multi-Family Housing Incentives Page 3 of 10 September 27, 2018 completion of the project1. However, the Exemption does not include the value of the land, existing improvements or non-housing-related improvements (e.g., commercial space). The Exemption applies to all levels of the ad valorem property tax, including the local jurisdiction, county, state, and all local taxing districts. The Exemption is in addition to any other tax credits, grants, or incentives provided by law for the multi-family housing. At one time, the Exemption applied to three areas in Renton (Downtown Renton, the Sunset Area, and the South Lake Washington area), however the City Council omitted the South Lake Washington Area after three projects with a total of 1,075 units were completed by 2010. The exemption currently applies only to eligible new multi-family housing projects in Downtown Renton or the Sunset Area. Eligible multi-family housing projects must, for example, be newly constructed and have a minimum of 30 attached dwelling units if located in the CD or CV zones or a minimum of ten units if located in the R-14 or RMF zones. Example of Multi-Family Housing Property Tax Exemption Savings for Project For the most recent project approved by the City Council, the 108-unit Sunset Terrace market-rate rental project in the Sunset Area, the estimated potential property tax savings (based on 2017 rates and projections) from the Exemption was approximately $182,129 per year ($1.46 million for the eight-year period). This equates to a potential property tax savings of approximately $1,686 per year per housing unit ($13,941 per housing unit for the eight-year period). The City’s portion of the above estimated potential property tax savings related to the Exemption is approximately $40,809 per year ($326,476 for the eight- year period) for the Sunset Terrace project. NOTE: The Multi-Family Housing Property Tax Exemption is treated by the King County Assessor similar to other exempt properties. Essentially, the City’s levy rate is increased when properties are exempt, but the total property tax revenue remains the same for the City (i.e., since the tax liability is shifted to the non- exempt property owners, there is no lost City property tax revenue). However, for property taxpayers, the increased levy rate means that the non-exempt property owners pay a higher property tax as exempt properties are excluded from the tax roll but not from the tax liability. The Multi-Family Housing Property Tax Exemption incentive is scheduled to sunset on December 31, 2018, unless extended by City Council action. Interim Control for Multi-Family Housing Incentives On June 25, 2018, the City Council passed Ordinance No. 5884 wherein an emergency interim control was declared and imposed to prohibit the submission of, acceptance of, processing or, or decision on any applications for the two multi-family housing incentives, subject to some minor exceptions. The interim control is in effect until December 25, 2018, unless subsequently extended by the City Council. A public hearing was held on August 13, 2018, regarding the interim control ordinance and staff provided a briefing to the Planning and Development Committee on August 20, 2018. Both of the multi-family housing incentives currently sunset on 12/31/2018, unless otherwise extended by the City Council. 1 In 2007, the Washington State Legislature passed the Engrossed Second Substitute House Bill 1910, in part, to modify the limited the property tax exemption for future eligible projects to eight years or 12 years (the longer term being available if the project provides at least 20% of the units as affordable housing). AGENDA ITEM #2. b) Multi-Family Housing Incentives Page 4 of 10 September 27, 2018 The Administration believes that the housing incentives should be used as a tool to encourage multi-family housing development in the City’s priority community revitalization and redevelopment areas and/or to encourage more affordable multi-family housing in the City AND that an incentive should only be provided to market-rate multi-family housing projects that are the highest and best use of the applicable zoned- property. Staff have reviewed the history and use of the multi-family housing incentives and the City’s current community revitalization and redevelopment priorities and affordable housing needs and, as a result, have made a number of proposed changes to the multi-family housing incentives as noted below. Waived Fees – Proposed Changes (RMC 4-1-210B and RMC 4-1-210C) 1. To utilize the incentive to better respond to the community’s needs for more affordable housing, limit the Waived fees multi-family housing incentive to eligible affordable rental or homeownership projects and extend the incentive for three years (December 31, 2021). Unlike the Multi-Family Housing Property Tax Exemption incentive, the Waived Fees multi-family housing incentive results in a loss of revenue to the City. In order to align the Waived Fees with the greatest public benefit, staff recommend that only eligible affordable rental housing or affordable owner-occupied housing receive the Waived Fees incentive in the future (i.e., no market-rate rental housing or market-rate owner-occupied housing will be eligible to receive the Waived Fees incentive). In order to be able to use the Waived Fees incentive to encourage more affordable housing in the community, staff recommends that the provision (as amended herein) be extended for three years to December 31, 2021. 2. In order to support the City’s Comp Plan Housing Element and more effectively encourage and support the development of additional new affordable rental or homeownership housing, expand the Waived Fees for eligible low-income housing projects throughout the City and determine the minimum amount of affordable housing per zone for a project. In order to better respond to the affordable housing crisis in our region and to support a variety of affordable housing throughout Renton, staff recommend that the Waived Fees be expanded to all eligible zones throughout the City with a minimum number of affordable housing units per project depending upon the specific zone and whether the project is an affordable homeownership project (e.g., either ten or 30 units depending upon the allowed density of each zone). 3. To better respond to the community’s needs for more affordable housing, modify or establish the income limits for affordable housing (see 4 and 5 below) and require that any developer for an affordable housing project demonstrate their experience and/or ability and provide a third-party entity for compliance monitoring. Unfortunately, the City does not have adequate staff to do compliance monitoring for income eligibility and rental rates or sale prices for affordable housing projects in Renton. Generally projects developed by a non-profit organization or public housing authority utilize funding provided by King County and/or State of Washington, both of which have compliance monitoring staff. However, to help ensure that any affordable housing project that receives the Waived Fees incentive is operated well and complies with the applicable income eligibility requirements, staff recommend that any developer for an affordable housing project demonstrate their experience and/or ability to provide affordable housing and provide a third-party entity for compliance monitoring. AGENDA ITEM #2. b) Multi-Family Housing Incentives Page 5 of 10 September 27, 2018 4. Modify the low-income housing requirement for affordable rental housing for a project funded by the federal low-income housing tax credit program if the project owner elects to do income averaging so that all of the housing units must be affordable at or below 80% of the Area Median Income (AMI) and the average for all of the housing units are affordable at or below 60% of AMI. Otherwise, the current 60% of AMI requirement applies to all of the affordable rental housing units. A major source of potential funding for affordable rental housing projects is the federal Low-Income Housing Tax Credit (LIHTC) program. As part of the federal tax code changes adopted by the U.S. Congress last year, the LIHTC program was changed to allow for income averaging as described above. Staff recommends modifying the low-income housing requirement for the Waived Fees affordable rental housing incentive to allow for this option for a LIHTC-funded affordable housing project. 5. To better align with potential public funding, reduce the minimum number of units in an affordable homeownership project in higher density zones. King County and the State of Washington are the two most common and significant public funders to support affordable homeownership projects. Unfortunately, both of them have a limited amount of funds and/or limit the amount of funds per housing unit that they are willing to provide for a project. Consequently, it is difficult to do large affordable homeownership projects. Staff recommends a minimum of ten units for an eligible affordable homeownership project for any eligible zone in the City. 6. Establish a low-income housing requirement for affordable homeownership housing to require a minimum of 50% of the housing units at or below 80% of AMI with the balance of the housing units at or below 120% of AMI. RMC 4-1-210B (Waived Fees – Owner-Occupied Housing Incentive) currently does not distinguish between market-rate housing and affordable housing. However, since staff are recommending in item 5 above that affordable homeownership projects be allowed to have a lower minimum number of housing units in higher density zones, we need to establish an affordable housing definition for the owner-occupied Waived Fees incentive. Many non-profit organizations target affordable homeownership for households at 80% of AMI or less. However, some non-profit organizations would like to be able to include some moderate income (i.e., 120% of AMI or less) affordable units in order to be able to help subsidize and increase the number of 80% of AMI or less affordable units that can be included in a project. To provide more flexibility for developers to create affordable homeownership for households at 80% of AMI or less, staff recommend establishing a low-income housing requirement for affordable homeownership housing to require a minimum of 50% of the housing units at or below 80% of AMI with the balance of the housing units at or below 120% of AMI. 7. Consult with the Renton Regional Fire Authority on whether to retain the fire impact mitigation fee as an eligible waived fee. Since the Waived Fee multi-family housing incentive was last extended in 2015, Renton residents approved the Renton Regional Fire Authority. Staff are working with the Renton Regional Fire Authority to discuss the proposed modifications to the Waived Fees incentive. Staff would like to maintain the fire impact mitigation fee as an eligible waived fee, but we will only be able to do so with the support of the Renton Regional Fire Authority. AGENDA ITEM #2. b) Multi-Family Housing Incentives Page 6 of 10 September 27, 2018 8. Require that the affordable rental housing be maintained for a minimum of thirty years and that the 80% affordable homeownership units be affordable in perpetuity through a community land trust or other similar model acceptable to the City. Housing affordability is a long-term and increasing problem for our region. In order to provide long- term affordability for the multi-family housing projects that benefit from the Waived Fees incentive, staff recommends that affordable rental housing be maintained for a minimum of thirty years and that the 80% affordable homeownership units (but not the 120% affordable homeownership units) be affordable in perpetuity through a community land trust or other similar model acceptable to the City. The developer’s ability to meet this requirement will be considered as part of their efforts to demonstrate their experience and/or ability as referenced in item 3 above. Multi-Family Housing Property Tax Exemption Program – Proposed Changes (RMC 4-1-220) 1. To continue to support the City’s priority community revitalization areas, extend the Multi-Family Housing Property Tax Exemption (Exemption) program for three years (to December 31, 2021), unless otherwise extended by the City Council and maintain the current Downtown Renton and Sunset Area eligible areas. In order to be able to continue to use Exemption incentive to encourage more multi-family housing development and community revitalization in both Downtown Renton and the Sunset Area, the City’s two current highest priority redevelopment areas, staff recommends that the Exemption (as amended herein) be extended for three years to December 31, 2021. 2. To better respond to the community’s needs for more affordable housing, lower the income limits for the affordable housing units (e.g., from 80% to 60% of the area median income for affordable rental housing and from 120% to 80% for affordable homeownership housing) and require that any developer for a project with affordable housing demonstrate their experience and/or ability and provide a third- party entity for compliance monitoring. When the Washington State Legislature originally approved 84.14 RCW (“New and Rehabilitated Multiple-Unit Dwellings in Urban Centers,” a.k.a. the multi-family housing property tax exemption legislation program), the provision included a ten-year property tax exemption for eligible projects. In 2007, the WA State Legislature modified 84.14 RCW to provide an eight-year property tax exemption for market-rate projects and a 12-year exemption for projects that included a minimum of 20% of the units as affordable housing. To use the incentive to encourage affordable housing, the state essentially offered a 50% increase in the length of the exemption for eligible projects. In 2007, the City modified RMC 4-1-220 (Property Tax Exemption for Multi-Family Housing in Residential Targeted Areas) to address the changes in 84.14 RCW and adopted the primary income standards that were included in the new legislation with an 80% AMI for affordable rental housing and a 120% AMI for affordable homeownership. In July 2017, the City’s Long Range Planning staff provided an affordable housing presentation to the Committee of the Whole. As part of the presentation, staff noted that South King County had approximately 44,000 “cost burdened” rental households as of 2016 (i.e., households who pay more than 30% of their income on housing) – 80% of whom are at 50% AMI or less. In addition, approximately one-third of the rental households between 30% AMI and 50% AMI were “severely cost burdened” (i.e., households who pay more than 50% of their income on housing) and approximately 80% of the rental households below 30% AMI were severely cost burdened. AGENDA ITEM #2. b) Multi-Family Housing Incentives Page 7 of 10 September 27, 2018 The Housing and Human Services Element of the Renton Comprehensive Plan (adopted by the City Council in 2015) notes in Policy HHS-9 that the City’s goal is to achieve a housing stock that is affordable for the following minimum percentages of the City’s households, as determined by AMI range (and otherwise reflected in the Countywide Planning Policies): Total Households AMI______________________ 12% Below 30% AMI (very low income) 12% 30% to 50% AMI (low income) 16% 51% to 80% AMI (moderate income) As noted in the last year’s affordable housing presentation to the Committee of the Whole, here are number of housing units needed in Renton to meet the above goal and the Countywide Planning Policies for the City of Renton: Income Limits 2016 2030 % of Population Below 30% AMI (very low income) 2,993 4,773 12% 30% to 50% AMI (low income) Met 1,068 12% 51% to 80% AMI (moderate income) Met Met 16% (For additional information, please see the attached Committee of the Whole Affordable Housing presentation 7-10-2017.) The current King County 80% Area Median Income (AMI) figures are $59,920 for a one-person household and $85,600 for a four-person household; commensurate rents at the 80% of AMI are $1,498 for a one-person household and approximately $2,026 for a four-person household. (For additional information, please see the 2018 HUD King County Rent & Income standards via the Washington State Housing Finance Commission’s website.) Earlier this year, staff compiled the information below regarding some market-rate rental properties in Renton. As a whole, the market rental rates were fairly close to the 80% AMI rental rates. May 2018 Rents for Available Apartments Apartment Studio 1 Bed 2 bed 3 bed Altitude $1,405 $1,565 $1,930 Lofts $2,015 $2,090 $2,473 Sanctuary $1,573 $1,703 $2,281 Avaya Trails $1,865 $2,098 $2,544 Affordable Monthly Rent (30% Income) Family Size 50% 60% 70% 80% 90% 100% 1 $936 $1,124 $1,311 $1,498 $1,685 $1,873 2 $1,070 $1,284 $1,498 $1,712 $1,926 $2,140 3 $1,204 $1,445 $1,685 $1,926 $2,167 $2,408 4 $1,293 $1,551 $1,810 $2,068 $2,327 $2,585 AGENDA ITEM #2. b) Multi-Family Housing Incentives Page 8 of 10 September 27, 2018 The current King County 60% Area Median Income (AMI) figures are $44,940 for a one-person household and $64,200 for a four-person household; commensurate rents at the 60% of AMI are $1,123 for a one-person household and approximately $1,519 for a four-person household. (For additional information, please see the 2018 HUD King County Rent & Income standards via the Washington State Housing Finance Commission’s website.) Given the great need for more affordable housing in the community and the need to provide more housing that is affordable to more low-income households, staff recommend lowering the income limits for the affordable housing units from 80% AMI or less to 60% AMI or less for affordable rental housing and from 120% AMI or less to 80% AMI or less for affordable homeownership housing. As noted above, unfortunately the City does not have adequate staff to do compliance monitoring for income eligibility and rental rates or sale prices for affordable housing projects in Renton. Generally projects developed by a non-profit organization or public housing authority utilize funding provided by King County and/or State of Washington, both of which have compliance monitoring staff. However, to help ensure that any affordable housing project that receives the Exemption incentive is operated well and complies with the applicable income eligibility requirements, staff recommend that any developer for an affordable housing project demonstrate their experience and/or ability to provide affordable housing and provide a third-party entity for compliance monitoring. 3. To better align with potential public funding, reduce the minimum number of units in an affordable homeownership project in higher density zones. King County and the State of Washington are the two most common and significant public funders to support affordable homeownership projects. Unfortunately, both of them have a limited amount of funds and/or limit the amount of funds per housing unit that they are willing to provide for an affordable homeownership project. Consequently, it is currently difficult to do large affordable homeownership projects. Staff recommends a minimum of ten units for an eligible affordable homeownership project for any eligible zone. 4. To target the incentive for the highest and best use projects, make market-rate townhomes ineligible in higher density zones. All of the approved Exemption projects to date have been multi-family flats rather than townhomes. However, more recently, there has been an increased interest in townhome development in the City, even when higher-density multi-family housing is allowed [such as in the Center Village (CV) zone in the Sunset Area]. As noted above, the Administration believes that the Exemption incentive should only be provided to market-rate multi-family housing projects that are the highest and best use of the applicable zoned-property. Consequently, staff recommend that market-rate townhomes are ineligible in the higher density CD and CV zones. 5. Table the “City Center TOD” area as a potential new eligible residential targeted area until the City engages in a planning process and review for the “City Center TOD” area and modifies any applicable zoning, density, and/or development regulations to support the plan. CED, the Administration, the Planning and Development Committee, and the Planning Commission have previously considered a request from a developer to modify the eligible areas for the Exemption program to establish a “City Center TOD” area that would include property near the current South AGENDA ITEM #2. b) Multi-Family Housing Incentives Page 9 of 10 September 27, 2018 Renton Park & Ride and the proposed new transit center on the adjacent “Sound Ford” property at the northeast corner of Rainier Avenue S and S Grady Way. The developer’s property is zoned Commercial Office (CO) which allows for residential use, but is primarily as office development zone. The City is currently working with Sound Transit and Metro on preliminary plans for the proposed new transit center on the “Sound Ford” property. However, staff have not had an opportunity to do any long range land use planning for the area around the proposed new transit center, including but not limited to potential changes in zoning, density, and/or development regulations, to most effectively support the proposed new transit center. As noted above, the Administration believes that the Exemption incentive should only be provided to market-rate multi-family housing projects that are the highest and best use of the applicable zoned- property. Furthermore, no long-range land use planning has been completed to establish a foundation for whether or how the Exemption might best be utilized to support high-density multi-family housing development and community revitalization in the area around the proposed new transit center. Consequently, staff recommends that the request for a “City Center TOD” area be tabled at this time. STAFF RECOMMENDATION: Staff recommends revising the Waived Fees and Multi-Family Housing Property Tax Exemption code sections to effect the proposed changes noted above. IMPACT ANALYSIS: Effect on rate of growth, development, and conversion of land as envisioned in the Plan Not applicable. There is no significant anticipated effect on the rate of growth, development, and conversion of land envisioned in the Plan. However, we do anticipate that the proposed multi-family housing incentive changes will create some new multi-family housing units in Downtown Renton and the Sunset Area, the City’s two current highest priority redevelopment areas, and some new affordable housing units in Renton. Effect on the City’s capacity to provide adequate public facilities Not applicable. There are no anticipated effects on the City’s capacity to provide adequate public facilities. Effect on the rate of population and employment growth Not applicable. There are no significant anticipated effects on the rate of population and employment growth created by the proposed changes. However, we do anticipate some increase in population and employment from the proposed multi-family housing incentive changes. Whether Plan objectives are being met as specified or remain valid and desirable The proposed multi-family housing incentive changes address a number of the Goals and Policies in the Housing & Human Services Element of the Comprehensive Plan, including:  Goal HHS-A (Adopt practices to advance the provision of affordable housing for renters and homeowners)  Policy HHS-1 (Provide resource assistance to potential new homeowners)  Policy HHS-3 (Work with organizations, including the Renton Housing Authority and non-profit developers, to address the need for housing affordable to very low-income households)  Policy HHS-4 (Promote homeownership opportunities for households of all incomes) AGENDA ITEM #2. b) Multi-Family Housing Incentives Page 10 of 10 September 27, 2018  Policy HHS-9 (Foster new housing to achieve a housing stock that meets the Countywide Planning Policies for affordable housing) Effect on general land values or housing costs The affordable housing elements of the proposed changes in the multi-family housing incentives will help create more new rental and owner-occupied housing development in Renton that is affordable to more low- and/or moderate-income households in the community. Whether capital improvements or expenditures are being made or completed as expected Not applicable. There are no anticipated effects on capital improvements or expenditures created by the proposed changes. Consistency with GMA, the Plan, and Countywide Planning Policies The proposed amendments are consistent with GMA, the Plan, and Countywide Policies. (For additional information, please refer to the information above for “Whether Plan objectives are being met…” Effect on critical areas and natural resource lands Not applicable. There are no anticipated effects on critical areas and natural resource lands. ATTACHMENTS:  Waived Fee – Completed Projects (2001 to current)  Multi-Family Housing Property Tax Exemption – Completed Projects (2003 to current)  2018 HUD King County Rent & Income standards via the Washington State Housing Finance Commission’s website  Committee of the Whole Affordable Housing presentation 7-10-2017 AGENDA ITEM #2. b) Waived Fees - Completed Projects (2001 - Current) September 25, 2018 Project Name Number of Housing Units Designated Residential Targeted Area Type of Housing Market-Rate or Affordable Housing Year Completed 55 Williams 37 Downtown For Sale Market-Rate 2002 Chateau de Ville 50 Downtown For Sale Market-Rate 2008 Glennwood Townhomes 8 Sunset Rental Affordable 2012 Kirkland Avenue Townhomes 18 Sunset Rental Affordable 2014 Sunset Court Apartments 50 Sunset Rental Affordable 2018 Total 163 Summary of Completed Projects, Housing Units, and Type of Units by Targeted Area Projects Housing Units For Sale Rental Market-Rate Affordable Housing Downtown Renton 2 87 87 87 Sunset 3 76 76 76 Total 5 163 87 76 87 76 Note: The City Council has approved the 35-unit Sunset Mixed Use market-rate rental project in the Sunset Area for the Waived Fees, but the project has not yet started construction. AGENDA ITEM #2. b) Multi-Family Housing Property Tax Exemption - Completed Projects (2003 - Current) September 25, 2018 Project Name Number of Housing Units Designated Residential Targeted Area Type of Housing Final Certificate of Tax Exemption Date Number of Years of Exemption First Year of Exemption Final Year of Exemption Merrill Gardens at Renton Centre 154 Downtown Rental 07/20/2007 10 2008 2017 Parkside at 95 Burnett 106 Downtown Rental 11/16/2007 10 2008 2017 The Bristol II at Southport 195 South Lake WA Rental 06/27/2008 10 2009 2018 Chateau de Ville 50 Downtown For Sale 12/16/2008 10 2009 2018 Liberty Square Apartments 92 Downtown Rental 7/23/2009 12 2010 2021 The Sanctuary 440 South Lake WA Rental 11/10/2009 10 2010 2019 The Reserve 440 South Lake WA Rental 7/28/2010 10 2011 2020 Harrington Square 217 Sunset Rental 9/1/2011 10 2012 2021 The Lofts at Second and Main 101 Downtown Rental 9/6/2017 8 2018 2025 Total 1,795 Summary of Completed Projects and Housing Units by Designated Residential Targeted Area Projects Units Downtown Renton 5 503 South Lake Washington 3 1,075 Sunset 1 217 Total 10 1,795 Note: The City Council approved the 108-unit Sunset Terrace rental housing project in the Sunset Area for an exemption, but the project has not yet started construction. AGENDA ITEM #2. b) King County MTSP-Income and Rent Limits Effective 411118 Median Income:$103,400. Set-aside 1-2-3-4-5-6-7-8-Percentage person person person person person person person person 30%22470 25680 28890 32100 34680 37260 39810 42390 35%26215 29960 33705 37450 40460 43470 46445 49455 40%29960 34240 38520 42800 46240 49680 53080 56520 ‘°‘°33705 38520 43335 48150 52020 55890 59715 63585 50%37450 42800 48150 53500 57800 62100 66350 70650 60%44940 51360 57780 64200 69360 74520 79620 84780 80%59920 68480 77040 85600 92480 99360 106160 113040 Set-aside Studio I -Bedroom 2-Bedroom 3-Bedroom 4-Bedroom 5-BedroomPercentage 30%561 601 722 834 931 1027 5%655 702 842 973 1086 1198 40%749 802 963 1113 1242 1370 45%842 902 1083 1252 1397 1541 50%936 1003 1203 1391 1552 1712 60%1123 1203 1444 1669 1863 2055 AGENDA ITEM #2. b) AFFORDABLE HOUSING Committee of the Whole Presentation July 10, 2017 1 AGENDA ITEM #2. b) PRESENTATION OVERVIEW 1.The Need for Affordable Housing 2.Existing Methods to Increase Affordable Housing in Renton 3.Staff’s Recommended Approaches to Improve Efforts 2 AGENDA ITEM #2. b) THE NEED FOR AFFORDABLE HOUSING 1.Significant employment and population growth in a relatively short period; 2.High demand resulting in: •Market-driven sale price/rent increases; •Fast-paced redevelopment of older housing stock; •Greater competition for all housing types; and •Causing price increases throughout supply curve. 3.Median household incomes rising, but unevenly and at much a lower rate than sale prices/rent. 3 AGENDA ITEM #2. b) Source: King County 4Median Home Values: Zillow, 2017. Median Rents: ACS One Year Estimates, US Census (2010-2015). Median Income: ACS One Year Estimates, US Census (2010-2015) Renton’s Population Growth Benson Hill annexation Source: OFM, 2010-2017 Renton Vacancy Rates x Housing Unit Type (2010-2016)AGENDA ITEM #2. b) 5 THE NEED FOR AFFORDABLE HOUSING Notes: •Potential population is defined as the estimated total number of people that could be housed within the sum of built housing stock based upon historical averages. •Historical averages are 2.86 persons per single family home and 2.08 persons per multifamily home. based upon 2010-2016 data.•For example, in 2016 there were a total of 41,005 single family and multifamily homes in Renton. This represents a housing supply that could support a potential population of 102,666. The actual number of people living in single family and multifamily homes, the population demand for housing, was 99,262. As a result, the surplus supply outpaced demand by an estimated 3,404 people.•Population living in manufactured homes have been excluded for summary reporting purposes. •Source data is OFM, 2010-2016. Renton Housing Supply Keeping Pace with Population Demand AGENDA ITEM #2. b) THE NEED FOR AFFORDABLE HOUSING •U.S. Department of Housing & Urban Development (HUD) determines the Median Household Income –often referred to as Area Median Income (AMI) •As of April 2017, the King County AMI is $96,000 for a family of four. •Households that pay >30% of income on housing are “cost-burdened” •>50% of income = “severely cost-burdened” Source: Washington State Housing Needs Assessment: South King County 6 AGENDA ITEM #2. b) THE NEED FOR AFFORDABLE HOUSING •40% of Renton households are cost-burdened •15.6% are severely cost-burdened •48% of rental households are cost-burdened and •44% of homeowners with a mortgage are cost-burdened Source: Under One Roof: Analysis of City-Level Affordable Housing Commitments and Actions to Meet Housing Needs in King County •Renton Housing Authority ceased accepting housing voucher program (Section 8) applications, and has 1,600 people on the current wait-list. 7 AGENDA ITEM #2. b) THE NEED FOR AFFORDABLE HOUSING Position Annual (Starting) Salary “Affordable” Monthly Rent “Affordable” Home Price City of Renton Civil Engineer I $66,000 $1,650 $289,473 Renton School District Teacher with BA *no experience $35,700 $893 $156,578 Teacher with MA *no experience $42,800 $1,070 $187,719 KC Library System Librarian $42,000 $1,050 $184,210 U.S. Postal Service Mail Carrier $51,429 $1,285 $225,565 Postmaster $73,994 $1,849 $324,534 8 Sources: City of Renton; Renton School District; and Glassdoor.com AGENDA ITEM #2. b) THE NEED FOR AFFORDABLE HOUSING Sources: Zillow and King County Dept. of Assessments Apartments Studio 1 Bed 2 Bed 3 Bed Location Year Built The Reserve $1,505+$1,695+$2,260+-The Landing 2008 The Lofts (2nd & Main)-$1,475+$1,950+$2,410+Downtown 2017 Copper Ridge -$1,125+$1,375+$1,795+Talbot 1985 Grammercy -$1,360+$1,415+$1,925+Benson 1985 2017 King County Fair Market Rents According to HUD Studio 1 Bed 2 Bed 3 Bed 4 Bed $1,093 $1,249 $1,544 $2,240 $2,654 Actual Monthly Rent of Select Renton Apartment Complexes AGENDA ITEM #2. b) Source: The Housing Development Consortium Source: Northwest Multiple Listing Service THE NEED FOR AFFORDABLE HOUSING 10 Jurisdiction SFH Condo Res/Condo Combined Federal Way $360,000 $152,500 $345,000 Des Moines $365,052 $185,000 $350,000 Auburn $369,500 $214,000 $355,000 Kent $380,000 $234,950 $360,000 Burien $421,511 $171,500 $400,000 Renton $477,753 $230,000 $435,000 King Co.$619,800 $361,000 $550,000 Seattle $695,941 $443,500 $632,000 Redmond $872,500 $419,500 $767,000 Bellevue $1,100,000 $470,000 $852,800 Median Home Sale Prices (January 2017 thru June 2017) Income Limits 2016 2030 % of Pop. 0-30% AMI 2,993 4,773 12% 30%-50%AMI Met 1,068 12% 50%-80% AMI Met Met 16% Housing Units Needed to Meet Countywide Planning Policies •In 2012, the median home sale price in Renton was $299,975. •The median sale price of single-family houses has averaged an annual ~11.8% increase for the past five years.AGENDA ITEM #2. b) EXISTING METHODS TO INCREASE AFFORDABLE HOUSING IN RENTON 11 1.Bonus Density 2.Accessory Dwelling Units 3.Multifamily Property Tax Exemption 4.Waived Fees 5.Partnerships 6.Manufactured Home Park Zoning 7.Housing Repair Assistance Program 8.Regional Collaboration AGENDA ITEM #2. b) BONUS DENSITY •One bonus market-rate dwelling unit for each “affordable unit” (bonus for Assisted Living Facilities is permitted outright) •Units must remain affordable for the life of the project. Affordable Housing Subject Zones Maximum Density CD, UC, CV, CO, COR, R-14, and RMF 30% above maximum density 12 AGENDA ITEM #2. b) ACCESSORY DWELLING UNITS Permitted through a Conditional Use Permit: 1.Size:no more than 75% of the primary building’s footprint or 800 sq. ft. (whichever is less); 2.Location:must be located in the rear yard; 3.Parking:at least one of-street parking stall is required; 4.Owner Occupancy: the owner of the property must reside in either one of the units (i.e., both units may not be rented) 5.Compatibility:the ADU must be architecturally similar to the primary residence. •Reduced all applicable fees associated with ADUs (except school district impact fees) to 50% of the current amounts; and •Waive all fees (except school district impact fees) for every third ADU created within a newly platted subdivision (10 or more lots). •ADUs are charged school impact fees as multifamily units (ranges from 22%- 43% of single-family fee among the three school districts) 13 AGENDA ITEM #2. b) MULTIFAMILY PROPERTY TAX EXEMPTION •Provides limited exemptions from property taxation for qualified new multi- family housing located in designated residential targeted areas. Location: 1.Sunset Area: Within the Sunset Area and in the Center Village (CV), Residential Multi-Family (RMF), or the Residential-14 (R-14) Zone. •At least 10 dwelling units; and •>50% of project for residential occupancy. 2.Downtown:In the Downtown and within the Center Downtown (CD) Zone or Residential-14 Zone (R-14). •At least 30 dwelling units; and •>50% of project for residential occupancy. Exemptions: •8 years for any qualifying project •12 years for projects with >20% for rental at <80% AMI or for ownership at <120% AMI •NOTE: Staff recommends reducing the income levels to 50% AMI for rentals and 80% AMI for ownership. 14 AGENDA ITEM #2. b) Owner-occupied Housing: Sunset Area R-14 and RMF >10 units CV >30 units Downtown R-14 >10 units CD >30 units Applicable Fees (*subject to City Council approval): 1.Building permit fees; 2.Building permit plan review fees; 3.Water, surface water, and wastewater system development charges; 4.Public Works plan review and inspection fees; and 5.Fire, transportation, and parks impact mitigation fees. Rental Housing: Sunset Area R-14 and RMF >8 units CV >30 units •100% of fees may be waived for eligible rental housing projects with >50% units affordable for incomes below <60% AMI; or •50% of the above fees may be waived for eligible market-rate rental housing. •No affordability requirement WAIVED FEES 15 AGENDA ITEM #2. b) PARTNERSHIPS WITH THE RHA 16 AGENDA ITEM #2. b) MANUFACTURED HOME PARK ZONING The RMH Zone is intended to protect established manufactured home parks and to expand the variety of affordable housing types available within the City. 17 AGENDA ITEM #2. b) 18 HOUSING REPAIR ASSISTANCE PROGRAM To be eligible one must: 1.Live in the house subject to repairs; 2.own the home for at least the last 12 months; and 3.have a total household adjusted gross income that is within the following ranges: Family Size Maximum Annual Income 1 $50,400 2 $57,600 3 $64,800 4 $72,000 5 $77,800 6 $83,550 7 $89,300 8 $95,050 •2017-2018 annual budget of $71,805 Minimum and maximum expenditures per client per calendar year are $750 to $4,000 for: •Safety •Plumbing •Electrical •Heating •Adaptations for Disabilities •Weatherproofing AGENDA ITEM #2. b) 19 REGIONAL COLLABORATION Regional Affordable Housing Task Force 1.Assess the current state of regional housing affordability in King County; 2.Develop a statement of intent to address the regional affordable housing crisis; 3.Identify collective tools and actions that can be taken to create and preserve more affordable homes; 4.Develop a state legislative strategy to address affordable housing and homelessness; and 5.Develop a dashboard for displaying region-wide progress in meeting the Countywide Planning Policies.AGENDA ITEM #2. b) A.Funding B.Land Use Tools C.Tenant Protections STAFF’S RECOMMENDED STRATEGIES FOR CITY COUNCIL’S CONSIDERATION 20 AGENDA ITEM #2. b) 1.The Washington State Constitution limits the total amount of property tax levies to 1% of a property’s true and fair value. 2.Portion for affordable housing may not exceed $0.50 per $1,000 of assessed valuation. 3.This money can be put in a local Housing Trust Fund and leveraged to create and preserve affordable housing. REGIONAL AND/OR LOCAL HOUSING LEVY Highlights: Allows for flexible use of funds according to community need Supports housing and services for vulnerable populations Dedicated and significant revenue stream Target Population: 80% AMI and below; Often used at 30% AMI and below •Has the potential to provide a substantial amount of money for affordable housing that can be leveraged with other funding sources. •For example, the 2009 Seattle Housing Levy has brought in $145 million which has funded 10,000 affordable homes for seniors, formerly homeless individuals and families, and low-to moderate-wage workers, and provided loans to more than 600 first-time homebuyers and rental assistance to over 4,000 households. 21 AGENDA ITEM #2. b) 1.Well-known for their flexibility, sustainability, and success in addressing critical housing needs. 2.Most housing trust funds provide loans and grants through a competitive application process. 3.Eligible activities are usually include new construction, rehabilitation, acquisition, emergency repairs, accessibility, first time homeownership, operating and maintenance costs, and many others. Highlights: Flexible use of dedicated funds Funding is typically provided via linkage fees, document recording fees, inclusionary zoning in-lieu fees, REET, hotel/motel taxes, etc. •Bellingham established the “Home Fund” in 2012, which will collect $21 million over 7 years. •In the past four years, the Fund has committed to create 331 units of rental housing, and seen 106 of these to completion. •The fund will preserve 136 units, and has seen 114 of these to completion. 22 LOCAL HOUSING TRUST FUND AGENDA ITEM #2. b) 1.Linkage fees require developers to pay a fee, usually charged per square foot, for new development. 2.While linkage fees can be adopted for residential development, commercial linkage fees are more common. 3.Ideally, the linkage fee rate should be related to the new need for affordable housing created by the commercial development. LINKAGE FEES Highlights: No public cost Limits displacement of low- income renters caused by commercial development Significant funding source Target Population: Based on labor market conditions •While new commercial development creates new jobs, it can also drive up housing prices. •Linkage fees are a way to balance out the impacts of new development and ensure that there is affordable housing within proximity to the new jobs. 23 AGENDA ITEM #2. b) 1.Fee waivers are currently enabled for two relatively small areas of the City (the downtown and the Sunset area). 2.By removing the geographic restrictions and instead basing the waivers on performance standards would likely result in the production of more affordable housing units. 3.Reduce the income limits from 60% AMI to 50% AMI to match Renton’s defined income limits and also to match the proposed reduction for MFTE rental limits. 4.Establish a cap of 80% for ownership units, which would also match our defined income limits and the proposed amendments to the MFTE provisions. CONSIDER EXPANDING FEE WAIVERS Highlights: Low technical knowledge needed to implement Reduces development cost 24 AGENDA ITEM #2. b) 1.Similar to existing MFTE program, but allows existing multifamily buildings to dedicate a portion (e.g., 25-50%) of total units to affordable housing in exchange for property tax exemption. 2.Each proposed development may be decided on a case by case basis depending on factors such as the quality of the existing housing units. 3.Properties enrolled in the program would be regularly inspected to meet minimum health and quality standards. 4.The program could prevent displacement of long-time community members in areas that are gentrifying PRESERVATION PROPERTY TAX PROGRAM Highlights: Similar to existing City of Renton MFTE Could prevent displacement 25 A 2013 study by the Center for Housing Policy found that construction of new subsidized rental housing costs 25-40% more than rehabilitating existing housing.AGENDA ITEM #2. b) DEVELOPMENT INCENTIVES 26 Bellevue increase bldg. coverage by 5%; % of compact stalls increased by 75%; height bonus; reduced open space. Tukwila height bonus Newcastle parking reductions; FAR increase Redmond one story height increase Sammamish potential parking reduction, one-story height increase Shoreline potential parking reduction Kirkland height bonus Kenmore lot coverage increase, parking reduction, height increase, yard reductions, open space reduction AGENDA ITEM #2. b) 1.Inclusionary zoning (IZ) requires or incentivizes new developments over a certain size to allot a portion or number of units as affordable housing. 2.Developers can often opt out of building the units themselves by paying a fee in lieu, which occurs often with commercial development. 3.Mandatory inclusionary zoning is seen as a more effective tool for increasing affordable housing supply as past voluntary programs have shown meager results. 4.Inclusionary zoning can be tied to incentives such as up-zones, reduced parking requirements, or reduced fees and taxes in order to help offset the cost to developers of providing affordable housing. 5.This tool does not cost the government or typical taxpayer money and developers benefit from incentives. INCLUSIONARY ZONING Highlights: No public cost Flexible program design Provides incentives for developers and promotes affordability alongside growth 27 Cities with IZ Owner Renter Federal Way 80%50% Issaquah 80%70% Redmond 80%80% Sammamish 80%80% Tukwila 80%50% Kenmore 85%85% Tacoma 80%50% Newcastle 80%70% Kirkland 80%-100% varies by zone 50% Shoreline Varies from 60-80% AMI based on number of bedrooms and subarea location.AGENDA ITEM #2. b) The goals of a program may vary, but in general the following would be appropriate: 1.Create a permanent stock of affordable housing 2.Reduce the cost of development of affordable housing 3.Create mixed income neighborhoods DEVELOPMENT OF SURPLUS OR NPO LAND Highlights: Form partnerships with the RHA and NPOs with surplus land (e.g., churches) City can control process and product Opportunity to create housing units for ownership 28 AGENDA ITEM #2. b) 1.Right of First Refusal laws require property owners to notify tenants, nonprofits, and/or the city before selling an affordable housing property in order to give the entity first chance of purchase. RIGHT OF FIRST REFUSAL OR RIGHT TO PURCHASE Highlights: Cost-effective Prevents displacement Encourages no net-loss of affordable housing 29 2.Right to Purchase laws go a step further and give tenants, nonprofits, and/or the city an exclusive chance to purchase the property. 3.Either can be implemented to be triggered by the end of an affordability period or any sale of affordable property. Since 1990, San Francisco has required: •property owners to give the City and tenants 18 months advance notice of intent to prepay or terminate participation in local, state or federal subsidy programs. •The City or a designated nonprofit, has exclusive right to purchase the property for eight months at a “fair return price” which guarantees the owners a minimum of a 10% return on their investment.AGENDA ITEM #2. b) Recommended next step: Refer to the Planning & Development Committee for further analysis and recommendations. 30 AGENDA ITEM #2. b) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: October 11, 2018 TO: Ed Prince, Council President Members of Renton City Council CC: Denis Law, Mayor Robert Harrison, Chief Administrative Officer FROM: C.E. “Chip” Vincent, CED Administrator STAFF CONTACT: Angie Mathias, Long Range Planning Manager SUBJECT: Safe & Healthy Housing Program Almost half of the City of Renton’s housing units, about 48%, are rental units, and about 40% of the City’s housing stock was developed 40 or more years ago. To promote a basic quality of life for rental housing residents and for the economic well-being of the city, the Community and Economic Development Department (CED) has been considering a Safe and Healthy Housing Program allowed by the Washington State Landlord-Tenant Act that would license rental housing like other businesses and certify that rental units meet property maintenance and related health and safety codes. In February 2018, the City Council’s Committee of the Whole met to review the progress of the Renton Safe and Healthy Housing Program. The overall parameters of the program were agreeable to the Councilmembers present. CED next steps included: • Balancing the protection of tenants from retribution and property owners’ rights • Penalties for non-compliance • Evaluation of the fee structure to balance revenues with City resource costs Council questions and comments included: • What is the level of compliance with Bremerton and Tacoma who have similar self-certification programs? • Renton’s proposed rental business license fees should be lower, and there should be carrots for properties that are properly registered and penalties if not. Since February, CED staff have coordinated with the City Attorney’s office, Community Services, and Finance. Additionally, staff had two meetings with the Rental Housing Association and has briefed the Planning and Development Committee of proposed changes to the program. AGENDA ITEM #3. a) Ed Prince, Council President Page 2 of 3 October 11, 2018 c:\users\jmedzegian\desktop\ced memo to council cc mayor re healthy housing.docx Balancing Tenant Protection and Property Owners Rights Staff has proposed that the form property owners will sign certifying their property meets all the requirements of the Rental Registration Checklist include a Right of Entry provision. This provision will allow inspectors to enter the property with the consent of the tenant to determine if the requirements of the checklist are being met. Staff believe this is the best way to ensure property owners cannot assume a complaint of their tenants to the City was the reason an inspection occurred. Exterior violations could also trigger need for an internal inspection. Finally, anonymous calls or emails will be followed up on and may trigger the need for an internal inspection. All of these measures should work to ensure adequate protection for tenants. Penalties It is recommended that for consistency, penalties would follow the same process as the penalties already established for Code Enforcement. That process begins with notice to correct, then financial penalties, and eventually can lead to court proceedings. Balancing the Fee Structure & Lowering the Fees The original proposed program required both a business license and the registration of each rental unit. The current proposal only requires a business license that costs $150 per year with no additional costs to property owners, unless there is a violation. The City will be required to have a standard business license fee process as of January 2018 per recent changes to state law. The fees have been adjusted to apply the standard Business License Fee. The overall level of fees and associated revenue is less than considered in February 2018. The potential fee revenue compared to expected costs shows a closer balance. Additionally, the current proposal only requires three new staff positions; a landlord-tenant specialist/housing planner, code compliance/building inspector, and an accounting assistant. Example Programs – Compliance Neither Bremerton nor Tacoma have formal tracking programs on properties/units in compliance. However, a 2015 auditor report on Bremerton’s program found that 56% of the units are licensed and 44% are not. The ways in which Bremerton finds out if a landlord/property is not licensed includes: review of utility billings (e.g. water), when landlord license accounts are closed due to property sales, review of Assessor owner and site address records, and complaints. Similarly, Tacoma finds leads from their Utility division, through building and land use permit inspections, Assessor records comparing owner and site addresses. The City then sends a letter to the owner as appropriate. As a result of the less than full compliance, revenue analysis at 60% compliance is assumed. This is assuming a modestly more successful Renton program over the case study examples. AGENDA ITEM #3. a) Ed Prince, Council President Page 3 of 3 October 11, 2018 c:\users\jmedzegian\desktop\ced memo to council cc mayor re healthy housing.docx Summary of Proposed Safe and Healthy Housing Program Feature Rationale 1 Require business license registration Provides notifications to landlords when emergencies or nuisance complaints arise. 2 Implement a self- certification program Streamlined and efficient – most landlords in good stead. Focus on problem landlords. 3 Update property maintenance code standards Per National Center for Healthy Housing & King County. 4 Create a new Landlord- Tenant/Housing Specialist position Provide support, education, and information to landlords and tenants and coordinate between multiple departments. 5 Provide enforcement through Code Compliance staff Already enforce other building and property codes. 6 Limit City inspections Effectively use Code Compliance staff and follow Landlord-Tenant Act. Focus on exterior inspections through complaints. Interior inspections only after tenants and landlord permission or through court warrants. Allow use of qualified approved inspectors. 7 Phase in the program One-year education and outreach campaign to landlords and rental housing tenants to build awareness and encourage compliance. AGENDA ITEM #3. a)