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HomeMy WebLinkAboutSingla 12.01.20From: Jason Seth <jseth@rentonwa.gov> To: Leslie Clark <LClark@Rentonwa.gov>; Chip Vincent <CVincent@Rentonwa.gov>; Shane Moloney <SMoloney@Rentonwa.gov>; Armondo Pavone <APavone@Rentonwa.gov>; Paul Hintz <PHintz@R entonwa.gov>; Council <Council@Rentonwa.gov> Cc: Mark Santos-Johnson <Msantosjohnson@Rentonwa.gov>; Julia Medzegian <Jmedzegian@Rentonwa.go v>; "Levy4@msn com" <Doug@Outcomesbylevy.onmicrosoft.com> Bcc: eprince@rentonwa.gov; rcorman@rentonwa.gov; rperez@rentonwa.gov; rmcirvin@rentonwa.gov; vohalloran@ rentonwa.gov; kvan@rentonwa.gov; abenedetti@rentonwa.gov Date: 2020-12-01 17:06 Subject: Interim Zoning Control - Homeless Shelters Public Hearing Written Comments Attachments: King County Comments on Emergency Ordinance Dec. 1 2020 (FINAL).docx unnamed.html Correspondence to Renton City Council December 1 2020.pdf Draft Renton City Council Ordinance with Renton Hotel Investors Edits.pdf image001.png unnamed.html This is the last of them. I separated these two so they would not get lost in the sheer volume of comments I forwarded earlier. Also, I will consolidate all of the comments and upload them as part of the public hearing record on the City’s website (Laserfiche). This will likely take a couple of days. -Jason Jason Seth, MMC (he/him) City Clerk/Public Records Officer 425-430-6502 LR - 000529 CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. From:Singla, Sumeer To:CityClerk Cc:Michael C. Walter; Shane Moloney; Alex Tuttle; Stephanie Rary; Leslie Clark; Elaine Spencer; Schneiderman, Howard; Kim, Jina; Madden, Lena; Lisa Chaiet Rahman Subject:RE: Renton Red Lion Site Date:Tuesday, December 1, 2020 2:48:14 PM Attachments:image001.pngDraft Renton City Council Ordinance with Renton Hotel Investors Edits.pdfCorrespondence to Renton City Council December 1 2020.pdf Please find the attached correspondence on behalf of Renton Hotel Investors, LLC. Thank you. Sumeer Singla Williams Kastner | Attorney at Law 601 Union Street, Suite 4100 Seattle, WA 98101-2380 P: 206-233-2924 | F: 206-628-6611 www.williamskastner.com | Bio | V-Card WASHINGTON OREGON From: Leslie Clark <LClark@Rentonwa.gov> Sent: Tuesday, November 24, 2020 2:59 PM To: Elaine Spencer <espencer@nwresourcelaw.com>; Schneiderman, Howard <Howard.Schneiderman@kingcounty.gov>; Kim, Jina <Jina.Kim@kingcounty.gov>; Madden, Lena <Lena.Madden@kingcounty.gov>; Lisa Chaiet Rahman <lrahman@nwresourcelaw.com>; Singla, Sumeer <SSingla@williamskastner.com> Cc: Michael C. Walter <MWalter@kbmlawyers.com>; Shane Moloney <SMoloney@Rentonwa.gov>; Alex Tuttle <ATuttle@Rentonwa.gov>; Stephanie Rary <SRary@Rentonwa.gov> Subject: RE: Renton Red Lion Site Dear Counsel – Thank you for your comments received to date on the draft ordinance; they are being considered. Many of the comments are high-level and do not address particular language in the draft ordinance. If you have comments on and/or requested redlining of particular language in the draft ordinance, we encourage you to make such comments and/or redlines and send to the email address for inclusion in the record and for consideration by the City. In case helpful to facilitate your comments and/or redlining, please find attached a Word version of the draft ordinance that was included in the City Council’s November 23 agenda packet. Thank you, Leslie LR - 000530 LESLIE CLARK | Senior Assistant City Attorney City of Renton | 1055 S. Grady Way | Renton WA 98057 LClark@Rentonwa.gov | Voicemail: (425) 430-6482 From: Leslie Clark <LClark@Rentonwa.gov> Sent: Friday, November 20, 2020 10:13 AM To: Elaine Spencer <espencer@nwresourcelaw.com>; Schneiderman, Howard <Howard.Schneiderman@kingcounty.gov>; Kim, Jina <Jina.Kim@kingcounty.gov>; Madden, Lena <Lena.Madden@kingcounty.gov>; Lisa Chaiet Rahman <lrahman@nwresourcelaw.com>; Singla, Sumeer <SSingla@williamskastner.com> Cc: Michael C. Walter <MWalter@kbmlawyers.com>; Shane Moloney <SMoloney@Rentonwa.gov>; Alex Tuttle <ATuttle@Rentonwa.gov>; Stephanie Rary <SRary@Rentonwa.gov> Subject: RE: Renton Red Lion Site This is to confirm that the agenda packet was posted to the City of Renton’s website yesterday. The packet includes a PowerPoint presentation for Monday’s public hearing, as well as a current draft of the ordinance. LESLIE CLARK | Senior Assistant City Attorney City of Renton | 1055 S. Grady Way | Renton WA 98057 LClark@Rentonwa.gov | Voicemail: (425) 430-6482 From: Leslie Clark <LClark@Rentonwa.gov> Sent: Tuesday, November 17, 2020 4:17 PM To: Elaine Spencer <espencer@nwresourcelaw.com>; Schneiderman, Howard <Howard.Schneiderman@kingcounty.gov>; Kim, Jina <Jina.Kim@kingcounty.gov>; Madden, Lena <Lena.Madden@kingcounty.gov>; Lisa Chaiet Rahman <lrahman@nwresourcelaw.com>; Singla, Sumeer <SSingla@williamskastner.com> Cc: Michael C. Walter <MWalter@kbmlawyers.com>; Shane Moloney <SMoloney@Rentonwa.gov>; Alex Tuttle <ATuttle@Rentonwa.gov>; Stephanie Rary <SRary@Rentonwa.gov> Subject: RE: Renton Red Lion Site The agenda packet will be available from the webpage linked below later this week, likely Thursday afternoon. Meanwhile, please find attached a copy of the draft ordinance. Leslie LESLIE CLARK | Senior Assistant City Attorney City of Renton | 1055 S. Grady Way | Renton WA 98057 LClark@Rentonwa.gov | Voicemail: (425) 430-6482 From: Elaine Spencer <espencer@nwresourcelaw.com> Sent: Tuesday, November 17, 2020 2:56 PM To: Leslie Clark <LClark@Rentonwa.gov>; Schneiderman, Howard LR - 000531 CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. <Howard.Schneiderman@kingcounty.gov>; Kim, Jina <Jina.Kim@kingcounty.gov>; Madden, Lena <Lena.Madden@kingcounty.gov>; Lisa Chaiet Rahman <lrahman@nwresourcelaw.com>; Singla, Sumeer <SSingla@williamskastner.com> Cc: Michael C. Walter <MWalter@kbmlawyers.com>; Shane Moloney <SMoloney@Rentonwa.gov>; Alex Tuttle <ATuttle@Rentonwa.gov>; Stephanie Rary <SRary@Rentonwa.gov> Subject: RE: Renton Red Lion Site Leslie, I tried the link to the City’s web site but something is wrong with it. Could you send us a copy of the draft ordinance. Thanks. Elaine L. Spencer, Attorney espencer@nwresourcelaw.com 206.971.1566 (d) 206.909.4237 (c) 101 Yesler Way, Suite 205 Seattle, WA 98104 www.nwresourcelaw.com CONFIDENTIALITY NOTICE: This email message and any included attachments are for the sole use of the intended recipient(s),and may contain confidential and/or privileged information. Do not read, copy, forward, or print this email message or anyattachments unless you are the intended recipient. If you are not the intended recipient, please notify the sender and destroy allcopies and printouts of this email message and/or attachments. From: Leslie Clark <LClark@Rentonwa.gov> Sent: Tuesday, November 17, 2020 2:48 PM To: Schneiderman, Howard <Howard.Schneiderman@kingcounty.gov>; Kim, Jina <Jina.Kim@kingcounty.gov>; Madden, Lena <Lena.Madden@kingcounty.gov>; Elaine Spencer <espencer@nwresourcelaw.com>; Lisa Chaiet Rahman <lrahman@nwresourcelaw.com>; Singla, Sumeer <SSingla@williamskastner.com> Cc: Michael C. Walter <MWalter@kbmlawyers.com>; Shane Moloney <SMoloney@Rentonwa.gov>; Alex Tuttle <ATuttle@Rentonwa.gov>; Stephanie Rary <SRary@Rentonwa.gov> Subject: Renton Red Lion Site Dear Counsel – During its Monday, November 23, 2020, regular meeting which will be held virtually and which will begin at 7:00 PM, the Renton City Council will hold a public hearing on the following topic: “An Ordinance of the City of Renton, Washington, Adopting the Following Interim Zoning Controls: Clarifying Hotel, Social Service Organizations, and Diversion Facility Land Use Definitions; Defining and Establishing Regulations for Homeless Service Land Uses; and Amending the Commercial Arterial (CA) Zoning District to Allow One COVID-19 Deintensification Shelter to Temporarily Operate.” LR - 000532 The notice of public hearing is attached and has also been posted to the City’s website here: https://rentonwa.gov/city_hall/administrative_services/city_clerk/public_notices. The notice of public hearing provides information regarding attendance and participation in the public hearing. Finally, the agenda packet for the November 23 meeting will be posted to the Renton City Council’s webpage later this week, likely Thursday afternoon: https://renton.civicweb.net/Portal/MeetingTypeList.aspx. The agenda packet will include a draft ordinance regarding the above-described topic. Please advise of any questions or concerns. Sincerely, LESLIE CLARK | Senior Assistant City Attorney City of Renton | 1055 S. Grady Way | Renton WA 98057 LClark@Rentonwa.gov | Voicemail: (425) 430-6482 LR - 000533 Office of the Prosecuting Attorney CIVIL DIVISION W400 King County Courthouse 516 Third Avenue Seattle, Washington 98104 (206) 477-1120 FAX (206) 296-0191 DANIEL T. SATTERBERG PROSECUTING ATTORNEY December 1, 2020 Mayor Amondo Pavone Renton City Hall 1055 South Grady Way Renton, WA 98057 Renton City Council Renton City Hall 1055 South Grady Way Renton, WA 98057 City Clerk’s Office: cityclerk@rentonwa.gov Re: Proposed Emergency Ordinance on Use of the Renton Red Lion for COVID-19 Shelter De-Intensification Dear Mayor Pavone, and Councilmembers, With this letter, King County is providing additional comments, as requested by City Attorney Leslie Clark on Tuesday November 24, regarding the City’s proposed emergency ordinance on the use of the Red Lion. King County again asks the City to decline to pass the emergency ordinance, for three overarching reasons. First, in King County’s view, as currently drafted, the proposed ordinance unreasonably requires King County and DESC to move vulnerable residents out of the Red Lion Hotel on a date certain, regardless of their risk of exposure to COVID-19 in the DESC Main Shelter. We urge you to resist the temptation to engage in the thinking that the pandemic will be over by June 1, 2021 with all that is unknown over the next few months. Requiring Main Shelter residents to pack up and return during this pandemic is not a valid option and impedes the Local Health Officer’s efforts and authority. King County asks that you decline to approve the emergency ordinance. Second, we at King County see no justification for passing an emergency ordinance, purportedly in response to the COVID-19 epidemic, which will hinder the Local Health Officer’s authority and efforts to reduce disease transmission via shelter de-intensification. Providing a few additional days for written comment, over the Thanksgiving holiday weekend, is an inadequate substitute for the careful, collaborative review the ordinance merits and impacts, particularly regarding requirements for the establishment of permanent homeless shelters. King County would welcome the opportunity to engage with the City to thoughtfully craft an ordinance to address permanent facilities for those experiencing homelessness. LR - 000534 Prosecuting Attorney King County Mayor Pavone and Renton City Council 11/1/2020 Page 2 Third, as currently drafted, the proposed ordinance creates numerous new barriers to ever establishing permanent facilities for the homeless within the City of Renton. The proposed ordinance would make new facilities more difficult to establish, and not make it possible to address the regional homelessness crisis. King County both reviewed in advance and contributed to DESC’s proposed redline version of the emergency ordinance. If adopted, DESC’s redlines would vastly improve the proposed ordinance. Given the limited time for thoughtful review, King County may still object to provisions of the ordinance even with DESC’s redlines. However, if the City elects to pass the emergency ordinance, King County asks that it do so by incorporating DESC’s proposed edits. Thank you in advance for your consideration. Sincerely, /s Howard P. Schneiderman Senior Deputy Prosecuting Attorney Counsel for King County, and Public Health – Seattle & King County LR - 000535 7288611.1 December 1, 2020 VIA EMAIL City Council City of Renton 1055 S. Grady Way Renton, WA 98057 City Clerk City of Renton 1055 S. Grady Way Renton, WA 98057 Re: Proposed Interim Zoning Controls Public Comment and Objection Dear Honorable Council and Planning Department: My clients, Renton Hotel Investors, LLC, were invited to provide input regarding the attached Draft ordinance currently under the Council’s consideration. As I have previously outlined in my written objection, which was followed by my public comments on November 23, 2020, my clients remain opposed to this legislation and the Council’s approach. Since November 23, 2020, my clients have been subject to additional harassment and concerning behavior. As you are aware, there was a recent incident at Renton Red Lion Inn, which required assistance from the Renton Fire Department and Renton Police Department. During this incident, a Renton Police Officer was heard (loudly enough for several people to hear) saying that he wished the entire Renton Red Lion Inn would burn to the ground or flood so he would not have to deal with “those people.” This is the same attitude and approach my clients have previously experienced, and now it is reaching a dangerous level where the same people who are dutybound to “protect and serve” my clients are wishing harm upon them and their business. The Council is considering passing this legislation during this same time where the pervasive and explicit attitude from City of Renton officials, personnel, and business leaders are all designed to wish harm upon my clients, either personally or on their livelihood. My clients have agreed to provide a “redline” version of our comments to avoid being accused of or dismissed for not being involved in the process. They are fully aware that their plea to not revise the definition of “Hotel” or “Extended Stay” will fall on deaf ears, since this legislation seems to have been predetermined to pass by the Council. After all, the City Council had initially considered this legislation “by consent” without much (or any) prior notice, and is now deciding to delay consideration LR - 000536 7288611.1 for a bit because it heard overwhelming opposition to the proposed legislation during the public comment period. The United States, Washington State, and King County are experiencing record number of COVID-19 cases. The City of Renton, specifically, is experiencing a disproportionate increase in COVID-19 cases. At the same time, the Council is considering limiting access to sustainable housing for the most vulnerable who are almost certainly going to be susceptible to COVID-19 and increase the spread of the disease just at the point when the Pandemic is peaking at a frighteningly alarming level. We hope the collective conscience of the Council will force them to look to their better angels and be sympathetic to the most vulnerable in our society. We thank the Council for its time and attention to our input. We hope you reconsider the proposed action, which is burdensome, procedurally improper, and unlawful under both state and federal law. Very truly yours, Sumeer Singla 206-233-2924 ssingla@williamskastner.com LR - 000537 1 CITY 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 RENTON MUNICIPAL CODE, AMENDING THE DEFINITION OF “HOTEL” AND ADDING A DEFINITION OF “HOTEL, EXTENDED-STAY” IN SECTION 4-11-080 OF THE RENTON MUNICIPAL CODE, 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 WHEREAS, on March 6, 2020, the Mayor proclaimed a local emergency due to COVID-19; and LR - 000538 ORDINANCE NO. ________ 2 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) LR - 000539 ORDINANCE NO. ________ 3 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 LR - 000540 ORDINANCE NO. ________ 4 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 LR - 000541 ORDINANCE NO. ________ 5 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 LR - 000542 ORDINANCE NO. ________ 6 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, 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 caused, in part, the Hearing Examiner to conclude that the COVID-19 Shelter was not most similar to a “Diversion Facility / Diversion Interim Service Facility” land use; 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 LR - 000543 ORDINANCE NO. ________ 7 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, in response to the Hearing Examiner’s FOV Decision, the City Council wishes to clarify and confirm its policy regarding “Hotel,” “Social Service Organizations,” and “Division Facility / Diversion Interim Service Facility” land uses, to apply city-wide; and WHEREAS, the City Council finds that the amended definition of “Hotel,” as set forth in Section IX below, codifies City Council intent, including adding the WAC 458-2-166(3) definition of “transient” to the definition of “Hotel” to mean “for less than one month, or less than thirty continuous days if the rental period does not begin on the first day of the month;” and WHEREAS, the City Council further finds that adding a definition for “Hotel, Extended Stay,” as set forth in Section IX below, further clarifies the intent of the City Council; 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 LR - 000544 ORDINANCE NO. ________ 8 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 LR - 000545 ORDINANCE NO. ________ 9 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. LR - 000546 ORDINANCE NO. ________ 10 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 Services Division Director Administrator to 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 the a principal use and located within the same structure as the principal use or otherwise upon the same lot site occupied by the a principal use or on an LR - 000547 ORDINANCE NO. ________ 11 abutting/adjacent lot that is under the same ownership as the principal lot. 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 Development Services 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 Development Services Division Director Administrator pursuant to RMC 4-2-0404-2-050C6. Any prohibited use is illegal and is a misdemeanor punishable under RMC 1-3-1, Penalties. 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 Services Division Director Administrator as similar to a listed permitted, conditionally permitted or accessory use, and not otherwise prohibited, pursuant to RMC 4-2-050C6, 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. LR - 000548 ORDINANCE NO. ________ 12 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 Services Division Director Administrator may determine if an unclassified use or a classified use, LR - 000549 ORDINANCE NO. ________ 13 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 Services Division Director 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 Development Services Division Director 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 Services Division Director 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 LR - 000550 ORDINANCE NO. ________ 14 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 Development Services Division Director 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 Development Services Division Director 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 Director Administrator shall indicate which zones, if any, do permit the use subject to locational restrictions and development standards. If the Development Services Division Director’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. LR - 000551 ORDINANCE NO. ________ 15 Interpretations made by the Development Services Division Director Administrator shall be documented, and updates to Title 4 shall be updated , when consistent with the title format and level of detail, shallto incorporate respond to “unclassified use” interpretations upon approval by the legislative authoritymade 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 Services Division Director 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 in 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 LR - 000552 ORDINANCE NO. ________ 16 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 RMC 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 I-405. Diversion facilities shall be limited to serving one hundred (100) individuals. 100. Reserved. 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) persons at any 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 ordinance], unless extended by City action. LR - 000553 ORDINANCE NO. ________ 17 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: LR - 000554 ORDINANCE NO. ________ 18 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 adequate nighttime residence, meaning: (i) Has a primary nighttime residence that is a public or private place not meant for human habitation; (ii) Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations 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. LR - 000555 ORDINANCE NO. ________ 19 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 required by subsection F.2.e of this Section. The elements contained in the standard operating procedures plan would generally be applicable to all homeless services in Renton irrespective of where they are proposed to be located. j. “Supportive services” are those provided to occupants 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 treatment, 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. LR - 000556 ORDINANCE NO. ________ 20 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 target for each homeless services use proposed; 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 City or from a regional coalition for housing; f. Demonstrated experience of the operator at running successful homeless services for the homeless population 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. LR - 000557 ORDINANCE NO. ________ 21 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 community and any issues or concerns of which the operator should be made aware. Notice of the neighborhood meeting shall be provided by the Administrator pursuant to the requirements 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 physical addresses for properties that are not owner-occupied, of real property within one thousand feet (1,000’) of the project 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 LR - 000558 ORDINANCE NO. ________ 22 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 project 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 applicant from later compliance with all applicable code requirements. F. SUBMITTAL REQUIREMENTS: 1. An applicant seeking to establish a homeless services use is required to submit application materials that meet the submittal requirements for a conditional use permit as required by RMC 4-8-120. 2. In addition to the applicable conditional use permit submittal requirements identified in subsection F.1 of this Section, information identified in this subsection shall also be included with the permit application. An application that does not contain the information listed in this subsection shall not be considered complete. All applications for homeless services shall include the following: LR - 000559 ORDINANCE NO. ________ 23 a. A description of the homeless population to be served by the proposed homeless services use, dates and times of operation, and associated occupancy 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 job 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 staffing demand; iii. A description of the anticipated providers that will serve the population that will be accommodated by the homeless services use; iv. A description of the known funders for the homeless services use; 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; LR - 000560 ORDINANCE NO. ________ 24 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 community service model that is tailored to the homeless population to be served at the location where the homeless services use is proposed to be located. A community service model is intended to provide a framework for persons experiencing homelessness to work volunteer service hours within the scope of their ability in the community where they are receiving support from a homeless services use; x. Where applicable, a plan to ensure that school-aged residents of the use are enrolled in school during their stay; xi. Identification of a primary 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 perimeter area of the site; LR - 000561 ORDINANCE NO. ________ 25 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 smoking 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: LR - 000562 ORDINANCE NO. ________ 26 i. Criteria for rejection 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 camping in the perimeter area of the homeless services use; v. Identification of site specific magnet areas (e.g., greenbelts, parks, 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 operator, public safety officers (e.g., police, fire, etc.), and private security forces employed by surrounding property and business owners; LR - 000563 ORDINANCE NO. ________ 27 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 making this information publicly 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: 1. Applicability of City Review Process: A homeless services use requires 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 LR - 000564 ORDINANCE NO. ________ 28 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; b. The proposal complies with the applicable requirements of the RMC; 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 Section; e. The proposal includes a safety and security plan meeting the requirements of subsection F.2.g of this Section and incorporating 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 purpose and intent. 3. Minimum required notice and public engagement procedures for homeless services shall include the following: 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 project site; LR - 000565 ORDINANCE NO. ________ 29 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 provided pursuant to RMC 4-8-090. 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 project site; 4. Administrator’s Recommendation: a. A written report of the Administrator shall be prepared in response the approval criteria and public comment. b. Notice of Availability of the Administrator’s Recommendation: Notice of the availability of the Administrator’s recommendation shall be provided pursuant 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 project. Any increase in the number of beds beyond that applied for by the applicant and included in the City LR - 000566 ORDINANCE NO. ________ 30 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 required parking stalls shall be established by the Administrator. b. Overnight Camping is Prohibited: Camping is prohibited 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 serving 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. LR - 000567 ORDINANCE NO. ________ 31 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 greater 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 public transit stop. 4. Minimum Requirements: a. Homeless Services in General: i. Adequate toilet, bathing, sleeping, laundry, and storage facilities to meet the demands anticipated by the homeless population that is proposed to be served. ii. Access to WiFi for occupants of the homeless services use. LR - 000568 ORDINANCE NO. ________ 32 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: LR - 000569 ORDINANCE NO. ________ 33 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 requirements 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 LR - 000570 ORDINANCE NO. ________ 34 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 which that provides community crisis services, whereby inpatient healthcare for individuals that are self-admitted or ordered, diverted, or referred from jails, hospitals, doctors or other similar treatment facilities or professionals, or by first responders in King County, including law enforcement, hospital emergency department social workers, and similar professionals. options due to mental illness or chemical dependency. 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. LR - 000571 ORDINANCE NO. ________ 35 DIVERSION INTERIM SERVICE FACILITY: A facility which provides interim or respite services, such as temporary shelter, medical/mental health treatment, case management or other support options such as transportation arrangements for patients referred to such a facility from a diversion facility. 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, phones, 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 period (and not in response to a single event such as a disaster) for the primary 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. LR - 000572 ORDINANCE NO. ________ 36 HOTEL: A building or portion thereof designed or used wherein a majority of the net floor area is dedicated for the rental of rooms for transient occupancy rental for sleeping purposes in exchange for payment, and typically based on a per night and per room basis for no more than thirty (30) days. For the purposes of this definition, “transient” means less than one (1) month, or less than thirty (30) continuous days if the rental period does not begin on the first day of the month. Hotel structures are at least two (2) stories in height, with lodging space above the first floor. Lodging space may also be located on the first floor. Individual rooms are typically accessed from a common hallway and include permanent provisions for sanitation but do not provide kitchen facilities. A central commercial kitchen and dining room catering to the hotel patrons may be provided, event space, eating and drinking establishments, and accessory shops and services typically located in or provided by hotels and catering to the general public may be provided. Not included in this definition are facilities providing crisis intervention or case management or both, multi-family attached dwellings, bed and breakfasts, or motels. HOTEL, EXTENDED-STAY: A building or portion thereof for rental of rooms with permanent provisions for living, eating, sanitation, and cooking for temporary occupancy without limits on duration. Extended-stay hotel structures are at least two (2) stories in height, with lodging space above the first floor. Lodging space may also be located on the first floor. Individual rooms accessed from a common hallway. A commercial kitchen and dining room catering to the extended-stay LR - 000573 ORDINANCE NO. ________ 37 patrons may be provided; event space, eating and drinking establishments, and accessory shops and services typically located in or provided by hotels or extended-stay hotels and catering to the general public may be provided. Not included in this definition are facilities providing crisis intervention or case management or both, attached dwellings, bed and breakfasts, hotels, or motels. 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 physical, mental, emotional, or other disabilities, but do not provide crisis intervention, day or night shelter, or case management. Also, public or nonprofit agencies that provide public services such as food banks, clothing banks, day shelters, and job training centers. This 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: LR - 000574 ORDINANCE NO. ________ 38 (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 LR - 000575 ORDINANCE NO. ________ 39 APPROVED BY THE MAYOR this _______ day of _____________________, 2020. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2120:11/17/2020 LR - 000576 ORDINANCE NO. ________ 40 USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC G. OTHER COMMUNITY AND PUBLIC FACILITIES Diversion facility and diversion interim service facility H71 H71 Homeless services use H H H H H H COVID-19 deintensification shelter P100 K. SERVICES Hotel, extended-stay P29 P29 P29 P29 P LR - 000577