HomeMy WebLinkAboutSingla2 Attachment 1CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE
FOLLOWING INTERIM ZONING CONTROLS IN RESPONSE TO THE RENTON RED
LION COVID-19 DEINTENSIFICATION SHELTER OPERATING IN THE CITY OF
RENTON SINCE APRIL 2020: (1) CLARIFYING PRINCIPAL, ACCESSORY, AND
UNCLASSIFIED USE REGULATIONS BY AMENDING SUBSECTIONS 4-2-050.A, 4-2-
050.C.4, 4-2-050.C.5, AND 4-2-050.C.6 OF THE RENTON MUNICIPAL CODE; (2)
CLARIFYING CERTAIN LAND USE DEFINITIONS IN THE RENTON MUNICIPAL CODE
BY AMENDING SUBSECTION 4-2-060.K OF THE RENTON MUNICIPAL CODE,
AMENDING THE DEFINITION OF "DIVERSION FACILITY" AND REMOVING THE
DEFINITION OF "DIVERSION INTERIM SERVICE FACILITY" IN SECTION 4-11-040 OF
THE REENTONI MUNICIPAL GODE, AMENDING THE DEFInTTinn0; "WOTF» ADD
ADDING n DEFINITinN OF "HOTE EXT€NB€D-STAY" IN S€cmcm 4-11-^8^ Af T'IPPII\� T'1 PCI 11■11 Ipl\�1 1 Ip 1 CC, Cf[ � p �
THE RENTON MUNICIPAL COD-, AND AMENDING THE DEFINITION OF "SOCIAL
SERVICE ORGANIZATIONS" IN SECTION 4-11-190 OF THE RENTON MUNICIPAL
CODE; (3) ALLOWING FOR ONE COVID-19 DEINTENSIFICATION SHELTER TO
TEMPORARILY OPERATE IN THE COMMERCIAL ARTERIAL (CA) ZONING DISTRICT
BY ADDING A DEFINITION OF "COVID-19 DEINTENSIFICATION SHELTER" IN
SECTION 4-11-030 OF THE RENTON MUNICIPAL CODE AND AMENDING
SUBSECTIONS 4-2-060.G, 4-2-080.A.71, AND 4-2-080.A.100 OF THE RENTON
MUNICIPAL CODE; AND (4) ALLOWING FOR AND REGULATING LAND USES
SERVING THOSE EXPERIENCING HOMELESSNESS BY ADDING A NEW SECTION 4-
4-045, HOMELESS SERVICES USE, TO THE RENTON MUNICIPAL CODE AND
ADDING A DEFINITION OF "HOMELESS SERVICES USE" TO SECTION 4-11-080 OF
THE RENTON MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; DECLARING AN
EMERGENCY; AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, in early 2020, the World Health Organization announced that the novel
coronavirus (COVID-19) was a global pandemic, the United States Department of Health and
Human Services Secretary Alex Azar declared a public health emergency because of COVID-19,
and Washington Governor Inslee declared a State of Emergency due to COVID-19; and
and
WHEREAS, on March 6, 2020, the Mayor proclaimed a local emergency due to COVID-19;
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WHEREAS, on March 31, 2020, King County's Local Health Officer, Dr. Jeff Duchin, issued
a Local Health Officer Order (which Dr. Duchin amended on May 20, 2020) (collectively, the
"County Health Order") authorizing King County to use only "legally available" resources to "de -
intensify or reduce the density of existing homelessness shelters and encampments" in response
to the COVID-19 pandemic, and further emphasized that the County Health Order did not
"authorize illegal means or behavior;" and
WHEREAS, on April 2, 2020, King County leased the Red Lion Hotel & Conference Center
located at 1 South Grady Way, Renton (the "Red Lion Site"), from the property owner Renton
Hotel Investors, LLC ("RHI"); and
WHEREAS, on or about April 9, 2020, in coordination with King County and under King
County's lease with RHI, the Downtown Emergency Service Center ("DESC") began using the Red
Lion Site as a COVID-19 deintensification shelter for persons experiencing homelessness (the
"COVID-19 Shelter"). DESC did so without coordinating with City officials or City staff and without
inquiring into or obtaining City land use or building permits or obtaining a City business license;
and
WHEREAS, as described by DESC, the COVID-19 Shelter operates as a 24-hour shelter for
DESC's clients experiencing homelessness, with a wide range of services including the provision
of meals, case management, and crisis intervention. DESC has been continuously operating the
COVID-19 Shelter since on or about April 9, 2020, in concert with King County; and
WHEREAS, City staff immediately made the following land use and zoning determinations
regarding the COVID-19 Shelter: (1) the only land use lawfully established on the Red Lion Site is
a "Hotel" land use; (2) the COVID-19 Shelter does not meet the Renton Municipal Code's (RMC's)
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definition of a "Hotel" land use (RMC 4-11-080); (3) a "deintensification shelter" is not among the
list of land use types that is recognized in the Renton Municipal Code (RMC 4-2-060 (Zoning Use
Table)); and (4) the potentially comparable land uses that are recognized in the Renton Municipal
Code are "diversion facility/ diversion interim service facility" or "congregate residence" and that
neither of those land uses is allowed within the Red Lion Site's Commercial Arterial ("CA") zoning
designation. These determinations caused City staff to determine that the COVID-19 Shelter is
not an allowed land use on the Red Lion Site; and
WHEREAS, City staff also immediately determined that the COVID-19 Shelter had opened
without King County, DESC, or RHI having first applied for a City business license for the COVID-
19 Shelter operations, in violation of RMC 5-5-3; and
WHEREAS, despite City staff's determinations that the COVID-19 Shelter is not an allowed
land use on the Red Lion Site and was operating without a required City business license, the City
was willing to temporarily forbear on taking code enforcement action against the COVID-19
Shelter if King County would enter into a Memorandum of Understanding ("MOU") with the City
regarding the operations of the COVID-19 Shelter and the duration of the COVID-19 Shelter's
operations at the Red Lion Site. Accordingly, the City provided a draft MOU to King County in
April 2020, and proceeded to negotiate in good faith with King County regarding an MOU, but
King County would not agree to any MOU that committed King County or DESC to a timeframe
for relocating the COVID-19 Shelter's operations from the Red Lion Site to another location within
or beyond City of Renton limits; and
WHEREAS, on June 30, 2020, when the MOU negotiations had dissolved with no
commitment on the part of King County or DESC to relocating the COVID-19 Shelter to a location
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allowed by the Renton Municipal Code, the City had run out of alternatives to engaging in code
enforcement proceedings regarding the COVID-19 Shelter. Thus, on that date, the City issued a
two -count Finding of Violation to King County, DESC, and RHI under code enforcement case
number CODE20-000321 finding that (1) the COVID-19 Shelter is a "land use not allowed in zoning
designation" (Violation 1) and (2) the COVID-19 Shelter was "operating without a City of Renton
business license" (Violation 2). Hereinafter, the Finding of Violation is the "FOV;" and
WHEREAS, King County and RHI both timely requested a hearing to challenge the FOV,
and the requested hearing regarding the FOV was held before the City's Hearing Examiner on
August 14, 2020, with DESC also participating in the hearing; and
WHEREAS, in front of the Hearing Examiner, King County, RHI, and DESC took the position
that the COVID-19 Shelter meets the RMC definition of a "Hotel" land use. However, they also
took the position that even if the COVID-19 Shelter did not meet the definition of a "Hotel" land
use that the COVID-19 pandemic and the County Health Order had the effect of exempting King
County, RHI, and DESC from complying with the City's zoning and land use laws and permitting
requirements; and
WHEREAS, for its part, in front of the Hearing Examiner, the City took the positions that
(1) the COVID-19 Shelter does not meet the RMC definition of a "Hotel" land use, (2) the COVID-
19 Shelter's operations appeared to most closely align with the RMC definitions for the "diversion
facility / diversion interim service facility" land use or the "congregate residence" land use, (3)
neither the "diversion facility / diversion interim service facility" land use nor the "congregate
residence" land use is allowed within the CA zoning designation (which is the Red Lion Site's
zoning designation), and (4) the pandemic and County Health Order did not preempt the City's
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zoning and land use laws; indeed, the County Health Order expressly restricted King County to
using "legally available" resources and forbade using "illegal means or behavior;" and
WHEREAS, by written decisions dated August 31, 2020 and October 2, 2020, the Hearing
Examiner ruled on the FOV (collectively, the "Hearing Examiner's FOV Decision"); and
WHEREAS, the Hearing Examiner's FOV Decision directed King County and DESC to choose
either to vacate the Red Lion Site within 60 days or to apply to the City for an "unclassified use"
interpretation in which the Department of Community & Economic Development ("CED") would
determine if the COVID-19 Shelter is allowed utilizing the criteria in RMC 4-2-050.C.6.a; and
WHEREAS, although the October 2, 2020 portion of the Hearing Examiner's FOV Decision
confirms that the "unclassified use analysis ... decision is left to City staff as governed by City
code," the Hearing Examiner's FOV Decision nevertheless pervasively projects that the outcome
of CED's unclassified use interpretation will be to deem the COVID-19 Shelter a "Hotel" land use,
a "Social Service Organizations" land use, or a combination of the two; and
WHEREAS, the Hearing Examiner's FOV Decision's projections that an unclassified use
interpretation would result in a "Hotel" and/or "Social Service Organizations" land use
determination were based, in part, on the following assumptions regarding the intent of the City
Council:
• Regarding the "Hotel" land use, the Hearing Examiner's FOV Decision states:
"The City has taken the strong position that the requirement in the hotel definition
that guest stays be "transient" means that stays must be 30 days or less. Although
the vast majority of hotel use may very well be 30 days or less, there is no basis to
conclude that hotels stays will not sometimes be longer due to exceptional
circumstances such as natural disasters and pandemics. The most compelling
reason to disagree with the City's 30-day interpretation is simply that the Renton
City Council didn't expressly adopt a 30-day limit for hotel stays. If the Council
wanted a hard and fast rule on the length of time that someone could stay in a
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hotel room, it would have been exceptionally easy and clear to throw that into the
definition of hotel or transient."
Cite: Hearing Examiner's August 31, 2020 decision, page 11, lines 22-29 (emphasis
added).
• Regarding the "Social Services Organizations" land use, the Hearing Examiner's
FOV Decision states:
"There is the argument to be made that added night shelter use [to a "Social Services
Organizations" use which only expressly allows "day shelter" use] could reduce the
impacts of a day shelter and thereby make a conditional use permit unnecessary. A
day shelter causes displacement of a homeless population every evening it shuts
down whereas a 24-hour shelter does not. However, it is too implausible to conclude
that's why the social services organization expressly authorizes just day shelters and
doesn't mention night shelters. If the Council considered a night shelter a more
benign use than a day shelter, it would have expressly authorized it as a permitted
use elsewhere in the use table."
Cite: Hearing Examiner's August 31, 2020 decision, page 11, lines 11-18 (emphasis
added); and
WHEREAS, on or about October 15, 2020, King County, DESC, and RHI jointly applied for
an unclassified use interpretation for the COVID-19 Shelter, as provided for in the Hearing
Examiner's FOV Decision (the "Unclassified Use Request"); and
WHEREAS, an unclassified use interpretation application is not a permit application type
that vests upon submittal of a complete application (See RMC 4-1-045 "Vesting"); and
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WHEREAS, on or about October 23, 2020, King County, DESC, and RHI jointly commenced
a lawsuit in King County Superior Court, under Cause No. 20-2-15681-7 KNT, challenging the
Hearing Examiner's FOV Decision (hereinafter, the "Renton Shelter Lawsuit"); and
WHEREAS, pursuant to a stipulation of all parties to the Renton Shelter Lawsuit, the
Renton Shelter Lawsuit's case schedule was extended by 90 days with the first deadline in the
action now postponed until January 28, 2021; and
WHEREAS, the City Council further finds that the amended definition of "Social Services
Organizations," as set forth in Section X below, codifies City Council intent, including confirming
that "night shelter" operations are not an allowed component of a Social Service Organizations
land use; and
WHEREAS, the City Council further finds that the amended definition of "Diversion
Facility" and the removal of the definition of "Diversion interim Service Facility," as set forth in
Section VIII below, codifies City Council intent; and
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WHEREAS, the City Council also finds that there is a need to adopt certain related
clarifications to the Renton Municipal Code regarding the unclassified use interpretation process,
the distinctions between "principal" and "accessory' uses, and the title of positions within CED;
and
WHEREAS, the City Council acknowledges that pursuant to the Hearing Examiner's FOV
Decision, the Renton Municipal Code does not currently allow the COVID-19 Shelter to operate
within the City's Commercial Arterial (CA) zoning district; and
WHEREAS, therefore, in addition to clarifying the Renton Municipal Code in response to
the Hearing Examiner's FOV Decision, the City Council has determined that it will amend the
Renton Municipal Code to add a definition for a "COVID-19 deintensification shelter" land use
and to allow a single such land use within the City's Commercial Arterial (CA) zoning district, on
a short-term basis coextensive with the effective period of this ordinance and subject to
additional standards and regulations established in this ordinance; and
WHEREAS, the City Council wishes to further consider the issue of whether COVID-19
deintensification shelters may operate within the City of Renton after the effective period of this
ordinance, and it is the City Council's desire to have City staff further investigate the matter; and
WHEREAS, meanwhile, the City Council recognizes that the homelessness crisis in King
County is a serious regional challenge but that it is a regional challenge that predates the COVID-
19 pandemic; and
WHEREAS, the City Council finds that one of the ways that the City can help combat the
homelessness crisis that predated the COVID-19 pandemic is to expressly allow for homeless
services land uses within the City and to provide for reasonable regulation of such uses; and
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WHEREAS, in response, the City Council has determined to, on an emergency and interim
basis, define "homeless services use" land uses, state the zoning designations in which such land
uses are allowed, and establish regulations to be applied to such uses. During the interim period
in which this ordinance is in effect, it is the City Council's desire to have City staff further study
options for regulating homeless services uses; and
WHEREAS, the City Council finds that there is a need to adopt this ordinance as an interim
zoning control ordinance on an emergency basis; and
WHEREAS, the City Council expressly intends that this ordinance moot the Unclassified
Use Request; and
WHEREAS, the City Council expressly intends that this ordinance moot the Renton Shelter
Lawsuit; and
WHEREAS, the City Council expressly intends that procedural and substantive due process
rights be met in the contents of and process of adopting this ordinance; and
WHEREAS, the City Council held a public hearing on November 23, 2020, regarding the
subject matter of this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The above recitals are adopted as findings of fact in support of this interim
zoning control ordinance adopted herein pursuant to RCW 35A.63.220 and RCW 36.70A.390, and
are found to be true and correct in all respects.
SECTION II. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
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SECTION III. Subsections 4-2-050.A, 4-2-050.C.4, 4-2-050.C.5, and 4-2-050.C.6 of the
Renton Municipal Code are amended as shown below. All other provisions in 4-2-050 remain in
effect and unchanged.
4-2-050 PERMITTED LAND USES ESTABLISHED:
A. CATEGORIES OF USES ESTABLISHED:
This Section establishes permitted, conditional, accessory and prohibited uses,
by zone, for all properties within the Renton City Limits. All uses in a given zone
are one of six (6) types:
PERMITTED USES: Land uses allowed outright within a zone as a principal use.
Permitted uses are distinct from other uses listed separately in RMC 4-2-060,
Zoning Use Table — Uses Allowed in Zoning Designations and/or as defined.
CONDITIONAL USES (ADMINISTRATIVE): Land uses which may be permitted
as a principal use within a zoning district following review by the Development
c,,,-.,;ees DiV.508R DiF ete-Administratorto establish conditions mitigating impacts
of the use and to assure compatibility with other uses in the district.
CONDITIONAL USES (HEARING EXAMINER): Uses with special characteristics
that may not generally be appropriate within a zoning district, but may be
permitted as a principal use subject to review by the Hearing Examiner to establish
conditions to protect public health, safety and welfare.
ACCESSORY USES: Uses customarily incidental and subordinate to t4e—a
principal use and located within the same structure as the principal use or
otherwise upon the same site occupied by tl+ a principal use 9-en an
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a butteng/a djaEent let that is unae.r the Sa�Re; ship as the PFiRGiPaI I„+ Some
accessory uses are specifically listed, particularly where a use is only allowed in an
accessory form, whereas other accessory uses are determined by the
n,,.,elep.. eRt S,,.-.,;6eS Division Administrator on a case -by -case basis per RMC 4-
2-050C4 and C6, Accessory Use Interpretations and Unclassified Uses.
PROHIBITED USES: Any use which is not specifically enumerated or
interpreted by the City as allowable in that district. Any use not specifically listed
as a permitted, conditional, or accessory use is prohibited, except those uses
determined to be unclassified and permitted by the DevelepmeFit servieies
DiTester Administrator pursuant to RMC 4-2-0404-2-05006. Any
prohibited use is illegal and is a misdemeanor punishable under RMC 1-3-1,_
UNCLASSIFIED USE: A use which does not appear in a list of permitted,
conditionally permitted, or accessory uses, but which is interpreted by the
Development SeF*ees DiVi R DiFeGtGF Administrator as similar to a listed
permitted, conditionally permitted or accessory use, and not otherwise
prohibited, pursuant to RMC 4-2-05006, Unclassified Uses.
B. ZONING USE TABLES ESTABLISHED:
The following tables establish whether a specific use is permitted in a zoning
district and whether the use is allowed as "permitted," "conditional," or
"accessory" use. The zone is located on the horizontal row and the specific use is
located on the vertical column of these tables.
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C. INTERPRETATION OF ZONING USE TABLES:
1. Legend: The following letters have the following meanings when they
appear in the box at the intersection of the column and the row:
P Permitted Use
AD Conditional Use —Administrative
H Conditional Use — Hearing
Examiner
AC Accessory Use
2. Other Requirements Applicable: The above uses are subject to the
review procedures specified in chapter 4-9 RMC, Permits — Specific, the
development standards of chapters 4-3, Environmental Regulations and Overlay
Districts, 4-4, City -Wide Property Development Standards, and 4-6, Street and
Utility Standards, and may be subject to additional conditions as noted in
subsection C3 of this Section. The Aquifer Protection Regulations of RMC 4-3-050,
Critical Areas Regulations, further restrict usage of those properties located within
the Aquifer Protection Area Boundary shown in RMC 4-3-050Q, Maps.
3. Additional Use -Related Conditions: If a number also appears at the
intersection of the column and the row, the use is also subject to the additional
requirements as listed immediately following the use table in RMC 4-2-080,
Conditions Associated with Zoning Use Tables. All applicable requirements shall
govern a use whether specifically identified in this Chapter or not.
4. Accessory Use Interpretations: The Development ServiEes T-swen
Dmreeter Administrator may determine if an unclassified use or a classified use,
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even if not specifically listed as accessory (AC), is permitted as an accessory use in
a zone. Upon inquiry by an applicant, an administrative interpretation shall be
made by the Development SeFV*6eS DiViSi^^ DiFe�+^r- Administrator to determine
if a proposed use is allowed as an accessory use utilizing the rules of interpretation
in subsection C4a of this Section. If the applicant does not concur with the
interpretation of whether a use is accessory or with the permit type applied to a
use, appeal may be made pursuant to RMC 4-8-110, Appeals. Interpretations
made by the DevelepmeRt servirces DivTsien Direster Administrator shall be
documented, and updates to Title 4, when consistent with the title format and
level of detail, shall incorporate "accessory use" interpretations upon approval by
the legislative authority.
a. Rules of Interpretation for Accessory Uses: To determine whether
a use is permitted as accessory, the Development SeF*EeS DiViSiGR PiFeeter
Administrator shall utilize the following rules of interpretation:
i. If a use is allowed or conditionally allowed in a zone as a
"permitted" use, accessory uses associated with the primary use that are
determined to be incidental, necessary and commonly found with the permitted
use may be allowed with the same permit type as the primary use, unless
specifically stated otherwise.
ii. If a use is permitted or conditionally permitted as a primary use,
subject to location restrictions, the listed use, even as an accessory use, is also
subject to the same location restrictions as the primary use, unless specifically
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stated otherwise. For example, if a use is restricted to a location within the
Employment Area (EA) land use designation, then the accessory form of the use is
only permitted in the EA, unless specifically stated otherwise.
iii. Required parking, required site utilities/facilities, and other
development standards required in order to establish or operate a use on a site
according to the RMC are considered accessory.
5. Prohibited Uses: If no symbol appears in the box at the intersection of
the column and the row, the use is prohibited in that district unless otherwise
determined by the Develepment Service-S. Direeter Administrator,
pursuant to this subsection C6 of this Section, Unclassified Uses, or subsection C4,
Accessory Use Interpretations.
6. Unclassified Uses: Upon inquiry by an applicant, an administrative
interpretation shall be made by the Devekepment SeFViees [)*V* ^ DiFeeter
Administrator to determine if a proposed use,. not specifically listed, is allowed
utilizing the criteria in subsection C6a of this Section. Should interpretation be
made that a proposed, unlisted use not be allowed in a specific zoning district, the
&imr�Administrator shall indicate which zones, if any, do permit the use subject
to locational restrictions and development standards. If the Develepment SeFViees
Dwyis*en DmFeeteF's Administrator's interpretation indicates that an unlisted use is
not consistent with the permitted, conditional or accessory uses in any district, or
if a party does not concur with the permit type applied to a use, appeal may be
made to the City's Hearing Examiner pursuant to RMC 4-8-110, Appeals.
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Interpretations made by the DevermeRt SeFviees Division D*FeEter
Administrator shall be documented, and updates to Title 4 shall be updated , when
PAncir+nn+.. eth the +i+le fer.. at and I,,,,PI Af r!n+-+i�respond t0
"unclassified use" interpretations upon appFaval by the legislative th-e •.made
by the Administrator.
a. Criteria for Unclassified Uses: In order to make a determination that
an unclassified use is permitted, conditionally permitted or accessory, the
Development spp4rpr, Duyur;nR Dur„ter- Administrator must find that the use is:
i.In keeping with the purpose and intent of the zone, and
consistent with the Renton Comprehensive Plan policies and other adopted plans
as may be applicable; and
ii. Similar ;R nature to, and no more intense than, a specifically
listed permitted, conditional or accessory use; and
iii. Consistent with subsection C4 of this Section, if determined to
be permissible as an accessory use.
7. Use Table Conflicts: In the event of a conflict between RMC 4-2-060, the
Master Zoning Use Table and any other individual zoning use tables, RMC 4-2-
070A through 4-2-070S, the provisions of RMC 4-2-060 shall have priority.
8. Existing Legal Nonconforming Uses: Where the term "existing" follows
a listed use type within the table(s) (e.g., horticulture nurseries, existing), then
those who can document that their nonconforming uses were legal at the time
the nonconforming uses were established will be permitted to continue those
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nonconforming uses and given all the rights of other permitted uses within the
district. In addition, these uses may be rebuilt "as is, where is" should they suffer
damage. These uses may be remodeled without limitation on value and may be
enlarged subject to current code requirements (e.g., height limits, lot coverage,
density limits, setbacks, parking, etc.), unless otherwise specifically conditioned in
R M C 4-2-080.
SECTION IV. Subsection 4-2-060.G of the Renton Municipal Code is amended by
modifying one row and adding two rows, and 4-2-060.K of the Renton Municipal Code is
amended by adding one row, all as shown in Attachment A. All other provisions in 4-2-060 remain
in effect and unchanged.
SECTION V. Subsections 4-2-080.A.71 and 4-2-080.A.100 of the Renton Municipal Code
are amended as shown below. All other provisions in 4-2-080.A remain in effect and unchanged.
71. Specified use(s) are only allowed south of 1-405. Diversion facilities
shall be limited to serving one hundred (100) individuals.
100. R^,�c§cTccd No more than one (1) COVID-19 deintensification shelter
may operate within the Commercial Arterial zoning district. After June 1. 2021. no
COVID-19 deintensification shelter shall serve more than one hundred (100)
rsons at anv time. No COVID-19 deintensification shelter may operate within the
Commercial Arterial zoning district after the expiration of the interim zoning
controls established in Ordinance No. [this ordinancel, unless extended by City
action.
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SECTION VI. Chapter 4-4 RMC of the Renton Municipal Code is amended to add Section
4-4-045, Homeless Services Use, to read as shown below.
4-4-045 HOMELESS SERVICES USE:
A. PURPOSE:
The purpose of this Section is to provide regulations for homeless services uses
that are proposed to or that do primarily provide shelter to one or more
populations of people experiencing or transitioning from homelessness.
B. APPLICABILITY:
This Section applies to all homeless services uses, except as expressly set forth
in this Section. This Section does not apply to:
1. Temporary uses permitted under the terms of RMC 4-9-240, Temporary
Use Permits;
2. COVID-19 deintensification shelters;
3. Religious organizations hosting temporary encampments within
buildings on their property under the terms of RCW 35A.21.360 (Temporary
encampments for the homeless — Hosting by religious organizations authorized —
Prohibitions on local actions);
4. Social service organizations: and
5. Unrelated individuals living together as a "family" pursuant to the
definition contained in RMC 4-11-060.
C. DEFINITIONS:
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1. Definitions Applicable to Terminology Used in This Section: See also
Definitions in RMC chapter 4-11.
a. "Code of conduct" is an agreement on rules of behavior between
occupants of a homeless services use and operators and providers offering a
homeless services use at a specific location. The code of conduct is intended to
protect the health, safety, and welfare of the occupants and employees of the
homeless services use, and the surrounding residents and businesses.
b. "Funder" means any person, partnership, corporation, or other
organization of any kind that provides funding to establish, construct, or operate
a homeless services use.
c. "Good neighbor agreement (GNA)." Reserved.
d. "Homeless services use." See definition in RMC 4-11-080.
e. "Homelessness" refers to the state of a person or group of persons
who lacks a fixed. regular. and adeauate nighttime residence. meanine: (i) Has a
primary nighttime residence that is a public or private place not meant for human
habitation: (ii) Is liviniz in a Dubliclv or Drivatelv oaerated shelter desienated to
provide temporary living arrangements (including congregate shelters,
transitional housing. and hotels and motels Daid for by charitable oreanizations or
by federal, state and local government programs); or (iii) Is exiting an institution
where (s)he/it has resided for ninety (90) days or less and who resided in an
emergency shelter or place not meant for human habitation immediately before
entering that institution.
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f. "Operator" means any person, partnership, corporation, or other
organization of any kind that proposes to site and operate a homeless services use
in the City.
g. "Provider" means any person, partnership, corporation, or other
organization of any kind that provides supportive services to a homeless
population accessing a homeless services use.
h. "Safety and security plan" refers to a plan developed by the
operator and updated to reflect input provided by the Renton Police Department
to address security concerns regarding a homeless services use that is proposed
at a specific location.
i. "Standard operating procedures" refer to a plan developed by the
operator that addresses the elements reauired by subsection F.2.e of this Section.
The elements contained in the standard operating procedures plan would
nerallv be aDDlicable to all homeless services in Renton irresaective of where
they are proposed to be located.
"SuDDortive services" are those Drovided to occuaants of a homeless
services use for the purpose of facilitating their independence and include, but are
not limited to. services such as case management. medical treatm
Psychological counseling, childcare, transportation, and job training.
D. APPROVAL PROCESS REQUIRED: A homeless services use requires
approval of a Hearing Examiner conditional use permit, processed pursuant to the
provisions of RMC 4-9-030 and the provisions of this Section.
19
ORDINANCE NO.
E. PRE -APPLICATION PROCESS:
1. Pre -application Materials: Shall be submitted to the Department
pursuant to RMC 4-8-100 before a permit application for a homeless services use
may be filed. In addition to standard pre -application submittal materials, materials
for homeless services uses pre -applications shall include:
a. Name of the operator;
b. Statement of experience operating the type of homeless services
use that is proposed or any other relevant experience;
c. Statement of homeless population to be served and occupancy
tareet for each homeless services use oroaosed:
d. Data provided by the applicant describing the extent to which the
proposed homeless population requires shelter and/or supportive services;
e. Whether the applicant intends to seek funding for the proposed
homeless services use from the Citv or from a regional coalition for housi
f. Demonstrated experience of the operator at running successful
homeless services for the homeless aoaulation that is intended to be served:
g. The draft safety and security plan that has undergone preliminary
review and incorporated feedback from the Renton Police Department: and
h. Any additional documentation submitted by the applicant for the
pre -application meeting and written public comments received on the proposal
through completion of the pre -application neighborhood meeting required by
subsection E.2 of this Section.
20
ORDINANCE NO.
2. Pre -application Neighborhood Meeting: Prior to submittal of pre -
application materials, the applicant shall hold a public informational meeting
pursuant to RMC 4-8-090.A, Neighborhood Meetings. The purpose of this meeting
is to provide an early, open dialogue between the applicant, the operator, and
Property owners surrounding the proposed homeless services use. The meeting
should acquaint the surrounding property owners with the operator and provide
for an exchange of information about the proposal and the community where the
use is proposed to be located. The operator shall share information regarding its
intended permit application (e.g., the draft standard operating procedures, draft
code of conduct, and draft safety and security plan) for the proposed homeless
services use. The surrounding property owners should share characteristics of the
surrounding communitv and anv issues or concerns of which the operator should
be made aware. Notice of the neighborhood meeting shall be provided by the
Administrator Dursuant to the reauirements of RMC 4-8-090.A. Neighborhood
Meetings, and the required mailing radius for notice of a homeless services use
shall be expanded to include owners. and the Dhvsical addresses for Droaerties
that are not owner -occupied, of real property within one thousand feet (1,000)
of the Droiect site.
3. Pre -application Site Inspection by the City: If the applicant proposes to
use an existing structure to house a homeless services use, a pre -application site
inspection shall be required. The applicant shall allow for an inspection of the
structure proposed to house a homeless services use by staff representatives of
21
ORDINANCE NO.
the Building Official and Fire Marshal. The purpose of the inspection is to
preliminarily determine if the facility meets the Building and Fire Code standards
for the proposed use. The purpose of this inspection is not to ensure that a facility
meets the requirements of this Code or to force an applicant to bring a proposed
facility up to applicable standards prior to proiect approval. The inspection is
intended to inform the applicant, the operator, the City, the underlying property
owner, and the public are aware of applicable building modifications that would
be necessary to establish a homeless services use prior to making an application.
Code deficiencies that are not discovered or recognized during this inspection
shall not excuse the aw licant from later compliance with all apDlicable code
requirements.
F. SUBMITTAL REQUIREMENTS:
1. An applicant seeking to establish a homeless services use is required to
submit aaDlication materials that meet the submittal reauirements for a
conditional use permit as required by RMC 4-8-120.
2. In addition to the applicable conditional use Dermit submittal
requirements identified in subsection F.1 of this Section, information identified in
this subsection shall also be included with the permit aaDlication. An aaalication
that does not contain the information listed in this subsection shall not be
considered complete. All applications for homeless services shall include the
following:
22
ORDINANCE NO.
a. A description of the homeless population to be served by the
proposed homeless services use, dates and times of operation, and associated
occupancV targets.
b. A statement of the operator's experience at providing homeless
services, including examples of similar facilities managed by the operator.
c. A list of transit stops and park and rides within one-half (0.5) mile of
the proposed homeless services use.
d. A list of iob retraining and education uses within one-half mile (0.5)
of the proposed homeless services use.
e. A standard operating procedures plan including. but not limited to:
i. A description of how the proposed homeless services will serve
the homeless population that will be accommodated by the use:
ii. A description of staffing for the proposed homeless services use
and the training provided to staff hired to fulfill the identified staffine demand:
use;
iii. A description of the anticipated providers that will serve the
ulation that will be accommodated by the homeless services u
iv. A description of the known funders for the homeless services
v. A description of the proposed perimeter area around the site
where the code of conduct and applicable Sections of the safety and security plan
will apply;
23
ORDINANCE NO.
vi. A map of proposed travel routes that the operator will suggest
individuals use when seeking access to the homeless services use;
vii. A description of the procedures used to manage intake of the
homeless population that is proposed to be served;
viii. A plan for encouraging prospective occupants to provide
personal identification for inclusion in the Homeless Management Information
System (HMIS) to help increase opportunities to provide access to housing and
services and to secure public funding for the proposed homeless services use;
ix. Where appropriate and feasible, a plan for developing a
communitv service model that is tailored to the homeless copulation to be served
at the location where the homeless services use is proposed to be located. A
communitv service model is intended to provide a framework for persons
experiencing homelessness to work volunteer service hours within the scope of
their abilitv in the communitv where thev are receiving support from a homeless
services use;
x. Where applicable. a plan to ensure that school-aized residents
of the use are enrolled in school during their stay;
xi. Identification of a Drimary point of operator contact for
assistance and referrals to send homeless individuals seeking services;
xii. A plan for managing exterior appearance of the proposed
homeless services use, including trash/litter, hazardous materials, and biohazards
within the identified Derimeter area of the site:
24
ORDINANCE NO.
xiii. A description of how the operator will inform and educate
occupants of the homeless services regarding the code of conduct; and
xiv. A description of consequences to be imposed for violating the
code of conduct.
f. A code of conduct that applies within the perimeter area to all
individuals granted access to the proposed homeless services including, but not
limited to:
i. Respect the rights of property owners to restrict access to areas
of their property that are not open to the public;
ii. Use operator -suggested routes of travel to access the homeless
services use;
iii. Maintain the site aesthetics:
iv. Do not possess or use illegal substances;
v. Respect state law restrictions on smokinia and use designated
smoking areas where provided; and
vi. Comply with City of Renton regulations governing public
conduct (including but not limited to the prohibition on public camping, loitering,
trespassing, panhandling, etc.).
g. A safety and security plan describing measures that the operator
will employ to promote the safety of shelter occupants and surrounding residents
and businesses, including but not limited to:
25
ORDINANCE NO.
i. Criteria for resection or removal of an individual seeking access
to the proposed homeless services use;
ii. A plan for deployment (including time, place and manner) of
security patrols;
iii. A plan to address disruptive behavior within a homeless
services use and in the perimeter area that infringes on the safety of occupants or
employees of the use, and a description of the consequences for engaging in
disruptive behavior;
iv. A plan for managing loitering, panhandling, and unpermitted
camuing in the perimeter area of the homeless services use:
v. Identification of site specific magnet areas (e.g., greenbelts,
libraries. transit facilities. etc.) and a plan to address behavior that is
inconsistent with the code of conduct and Renton Municipal Code;
vi. Implementation of registered sex offender background checks
and compliance with applicable registration and notification requirements;
vii. A plan for managing individuals excluded from accessing the
proposed homeless services;
viii. A plan for coordination between the oaerator. Dublic sa
officers (e.g., police, fire, etc.), and private security forces employed by
surrounding property and business owners;
26
ORDINANCE NO.
ix. A plan for coordination and communication between the
operator, Renton Police, and other local and regional law enforcement agencies
to ensure timely information sharing between agencies;
x. A plan for coordination with state and local law enforcement to
ensure compliance with conditions of parole, probation, or community custody,
including but not limited to any residency restrictions;
xi. Provision of a phone number and point of contact at the site of
the proposed homeless services use for the community to report concerns;
xii. A plan for addressing reported concerns and documenting
resolution. and makine this information Dubliclv available: and
xiii. Identification of performance metrics that will be used to track
compliance with the safety and security plan.
h. Neighborhood meeting materials, for both the Pre -application
Neighborhood Meeting and the Neighborhood Meeting, as required by RMC 4-8-
120.
G. GOOD NEIGHBOR AGREEMENT PROCESS REQUIRED: Reserved.
H. CITY APPROVAL REQUIREMENTS FOR HOMELESS SERVICES:
icabilitv of Citv Review Process: A homeless services use reauires
approval of a conditional use permit. The conditional use permit shall be reviewed
pursuant to RMC 4-9-030 as enhanced by the provisions of this Section.
2. Decision Criteria Applicable to Conditional Use Permits for a Homeless
Services Use: The City may deny, approve, or approve with conditions a
27
ORDINANCE NO.
conditional use permit application for a homeless services use if the applicant
demonstrates that:
a. The proposal complies with the conditional use permit decision
criteria of RMC 4-9-030.D;
RMC;
b. The proposal complies with the applicable requirements of the
c. The proposal includes a standard operating procedures plan
meeting the requirements of subsection F.2.e of this Section;
d. The proposal includes a code of conduct meeting the requirements
of subsection F.2.f of this Sect
e. The proposal includes a safety and security plan meeting the
uirements of subsection F.2.2 of this Section and incorooratina the feedback
provided by the Renton Police Department; and
f. The proposal addresses all applicable design guidelines and
development standards of this Section and any applicable land use district overlay
in a manner which fulfills their ouraose and intent.
3. Minimum required notice and public engagement procedures for
homeless services shall include the followin
a. Notice of the pre -application neighborhood meeting shall be provided
pursuant to RMC 4-8-090.A; provided that the required mailed notice for a
homeless services use shall be expanded to include owners of real property within
one thousand feet (1,000') of the proiect site;
m
ORDINANCE NO.
b. A neighborhood meeting shall be held pursuant to RMC 4-8-090.A on
all applications to establish a homeless services use. Prior to the neighborhood
meeting, the operator shall meet and confer with the Renton Police Department
regarding the proposed safety and security plan described in the submittal
materials as required by subsection F.2.g of this Section. At the neighborhood
meeting, a representative of the homeless services use operator shall present in
writing and describe the proposed safety and security plan, and any input or
comments received on the plan from the Renton Police Department.
c. Notice of an application to establish any homeless services use shall be
rovided pursuant to RMC 4-8-090. Reauired mailed notice for a homeless
services use shall be expanded to include owners of real property within one
thousand feet (1,000') of the project site;
4. Administrator's Recommendation:
a. A written resort of the Administrator shall be prepared in resaonse
the approval criteria and public comment.
b. Notice of Availabilitv of the Administrator's Recommendation:
Notice of the availability of the Administrator's recommendation shall be provided
ursuant to RMC 4-8-090.
5. Modifications to a Homeless Services Use: Conditions of approval for
a homeless services use apply for the life of the proiect. Any increase in the
number of beds beyond that applied for by the applicant and included in the City
29
ORDINANCE NO.
approval, or changes to the population served by the homeless services use, shall
be considered a major modification and processed as a new application.
I. DEVELOPMENT STANDARDS/USE REQUIREMENTS:
1. General Development Requirements: The applicable general
development requirements of the zone shall be met unless specifically modified
by the terms of this Section when applied to a homeless services use.
2. Parking, Circulation and Walkway Requirements: In addition to the
terms of RMC 4-4-080, the following requirements apply to all homeless services:
a. Number of Parking Stalls: Homeless services are unspecified under
the terms of RMC 4-4-080.F.10.d. and reauired Darkiniz stalls shall be established
by the Administrator.
b. Overnight Camr)inR is Prohibited: Camain2 is Drohibited in areas
that provide accessory parking for the homeless services use.
c. Entrance Area: Entrances to intake areas for a homeless services use
shall provide for user queuing adequate to ensure:
i. Protection from the weather and natural elements: and
ii. Privacy for the homeless individuals seeking access to the use.
d. Entrance and Elevator Separation: Entrances and elevators servin
the homeless services shall be physically separated from entrances and elevators
serving any residential use that is located on the same site.
3. Occupancy Limits and Size -Related Development Standards.
30
ORDINANCE NO.
a. All homeless services shall comply with occupancy limitations
contained in applicable building and fire codes and ordinances adopted by the
City.
b. Overnight shelter uses shall not provide sleeping accommodations
for more than one hundred (100) residents, and shall comply with the following
additional requirements:
i. The City shall impose a condition on any approved overnight
shelter use limiting the number of beds to those requested by the applicant or one
hundred (100), whichever is less.
ii. Shelters shall locate ereater than one-half (0.5) mile from
any other homeless services use, unless they are co -located as part of a single
development.
iii. Shelters with more than fifty (50) beds should locate within one
1) mile of a aublic transit stop.
4. Minimum Requirements:
a. Homeless Services in General:
i. Adequate toilet, bathing, sleeping, laundry, and storage facilities
to meet the demands anticiaated by the homeless copulation that is aroaosed to
be served.
ii. Access to WiFi for occupants of the homeless services use.
31
ORDINANCE NO.
iii. Designated smoking areas located a minimum of twenty-five
feet (25') from perimeter property lines with appropriate cigarette disposal
facilities.
iv. Adequate staffing provided during operating hours for each
homeless services use.
v. Designated and dignified privacy areas to meet the demands of
the anticipated homeless population that is proposed to be served (e.g., lactation
rooms, medical/counseling rooms, caseworker consultation spaces, etc.).
vi. A permanent address and mailroom to meet the demands
anticipated by the homeless population that is proposed to be served.
viii. A final safety and security plan updated to incorporate input
and comments received on the plan from the Renton Police Department.
b. Day Shelter Use: Access to electrical outlets to meet the demands
anticipated by the homeless population that is proposed to be served.
c. Overnight Shelter Use:
i. Overnight sleeping accommodations that do not exceed one
hundred (100) beds.
ii. A dedicated electrical outlet for every occupant of a bed.
J. ADDITIONAL DESIGN REQUIREMENTS:
1. Crime Deterrence: The design of any homeless services use shall
incorporate Crime Prevention Through Environmental Design (CPTED) principles
and use available technology to deter crime. Examples include:
32
ORDINANCE NO.
a. Visibility of entrance and exit points to and from any structure
housing a homeless services use;
b. Open and well -lighted pedestrian connections between the
homeless services use, accessory parking, transit services and other supportive
services in the area; and
c. Video surveillance of entrance and exit points to and from any
structure housing a homeless services use.
2. Common Areas: Common areas shall be provided to enhance resident
enjoyment through inclusion of features such as libraries, roof decks, patios, and
gardens.
K. MITIGATION MEASURES:
The City may impose conditions relating to the development, design, use, or
operation of a homeless services use to mitigate environmental, public safety, or
other identifiable impacts.
L. INDEPENDENT TECHNICAL REVIEW:
The City may require the applicant pay for independent technical review by a
consultant retained by the City for review of materials submitted by the applicant
to demonstrate compliance with the reauirements of this Section.
SECTION VII. The definition of "COVID-19 Deintensification Shelter" is added in
alphabetical order to Section 4-11-030 of the Renton Municipal Code as shown below.
COVID-19 DEINTENSIFICATION SHELTER: A facility (whether situated inside or
outside a building or a portion of a building) used for the relocation of
33
ORDINANCE NO.
homelessness shelters and encampments for the purposes of de -intensifying or
reducing density in response to the novel coronavirus (COVID-19) pandemic.
SECTION VIII. The definition of "Diversion Facility" in Section 4-11-040 of the Renton
Municipal Code is amended and the definition of "Diversion Interim Service Facility" in Section 4-
11-040 of the Renton Municipal Code is removed, as shown below. All other definitions in Section
4-11-040 remain in effect and unchanged.
DIVERSION FACILITY: A facility that provides cemmwRit„ ^.._._ servie-
wh e Finpatient healthcare for individuals that are self -admitted or ordered
diverted, or referred from jails, hospitals, doctors or ^similar treatment
facilities or professionals, or by first responders in King County, including law
enforcement, hospital emergency department social workers, and similar
rofessionals. eptions due to ^+-a' ;"^^55 A-r ehemieal dep n Services
may include an array of inpatient healthcare treatment and support services
including but not limited to screening and assessment, psychological counseling,
case management, crisis management, detox services, substance use and trauma -
related treatment services. behavioral/mental health care. medical isolation. care
or treatment, counseling, respite services, and various levels of accommodations
for sleeping purposes. Some outpatient healthcare services may be provided. Not
included in this definition are congregate residences, assisted living facilities, adult
family homes, group homes, convalescent centers, social service organizations, or
homeless services.
34
ORDINANCE NO.
SECTION IX. The definition of "Hotel" in Section 4-11-080 of the Renton Municipal Code
is amended as shown below. The definitions of "Homeless Services Use" and "Hotel, Extended -
Stay" are added in alphabetical order to Section 4-11-080 of the Renton Municipal Code as shown
below. All other definitions in Section 4-11-080 remain in effect and unchanged.
HOMELESS SERVICES USE: A day shelter or overnight shelter as defined below:
1. Day Shelter: A facility that offers a haven to people experiencing homelessness
by providing a safe place to rest during the day or evening, but with no overnight
stays. Support services for homeless populations is an integral part of a day shelter
use and includes but is not limited to access to food, seating, showers, laundry,
restrooms. storage, a computer lab. Dhones. fax and a critical mailing address.
Spaces for meetings and examinations are generally provided to accommodate
counseling and access to medical/dental and legal assistance.
2. Overnight Shelter: Any facility that is operated for a long-term and indefinite
riod (and not in response to a single event such as a disaster) for the Drima
purpose of providing shelter for people experiencing homelessness in general or
for specific populations of people experiencing homelessness. Supportive services
may or may not be provided in addition to the provision of shelter.
35
ORDINANCE NO.
Wetel Strue-turp-S -;;rp- -;it least twe (2) steFies OR height, with IGdgiRg SpaGE? ahR;AP thP
36
ORDINANCE NO.
SECTION X. The definition of "Social Service Organizations" in Section 4-11-190 of the
Renton Municipal Code is amended as shown below. All other definitions in Section 4-11-190
remain in effect and unchanged.
SOCIAL SERVICE ORGANIZATIONS: Public or nonprofit agencies that provide
counseling, therapy, job training, educational classes, food banks, clothing banks
or other social or human services to persons needing such services due to ^hysie ',
„ eRtal, emetional, ^ ether .Ji-sahilitime- , but do not provide crisis intervention, day
or night shelter, or case management. Alse, PUbliG OF ReRPFGfit that
tFaiRi^^ eenterSThis does not include religious institutions, offices, government
facilities, schools, hospitals, clinics, day care, homeless services uses, medical
institutions, diversion facilities, lodging in any form, or residential uses.
SECTION XI. The interim zoning controls imposed herein shall be in effect for six (6)
months from the passage of this ordinance, unless ended earlier by subsequent City Council
action, or unless subsequently extended by the City Council pursuant to state law.
SECTION XII. During the interim period in which these interim zoning controls are in
effect, City staff are directed to further investigate:
37
ORDINANCE NO.
(1) The matter of COVID-19 deintensification shelters and what further zoning and land
use regulation, if any, of such uses the City should undertake; and
(2) The matter of homeless services uses and what further zoning and land use regulation,
if any, of such uses the City should undertake.
City staff should present to the City Council for its consideration an update regarding
these two matters prior to the expiration of the interim zoning controls established in this
ordinance, as well as any further recommended legislation.
SECTION XIII. 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 XIV. The City Council declares an emergency for the protection of the public
welfare and to enable the purpose and intent of this ordinance to be accomplished. This
ordinance shall take effect immediately when passed by the City Council. The City Clerk shall
cause to be published 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 , 2020.
Jason A. Seth, City Clerk
M
ORDINANCE NO.
APPROVED BY THE MAYOR this day of _ 2020.
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2120:11/17/2020
Armondo Pavone, Mayor
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