Loading...
HomeMy WebLinkAboutORD 6018CITY OF RENTON, WASHINGTON ORDINANCE NO. 6018 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, EXTENDING THE INTERIM ZONING CONTROL ESTABLISHED BY ORDINANCE NO. 5974 AND EXTENDED AND AMENDED BY ORDINANCE NO. 5997, IN RESPONSE TO THE OPERATIONAL LIMITS ON BUSINESSES DURING THE COVID-19 DECLARED PUBLIC HEALTH EMERGENCY BY (1) EXTENDING THE TEMPORARY "ECONOMIC RECOVERY REVOCABLE RIGHT-OF-WAY PERMIT" FOR BUSINESSES; (2) EXTENDING THE TEMPORARY "ECONOMIC RECOVERY SIGNS" FOR BUSINESSES; AND (3) EXTENDING THE INTERIM ZONING CONTROL TO WAIVE THE REQUIREMENT TO OBTAIN A TEMPORARY USE PERMIT FOR THE TEMPORARY EXPANSION OF A BUSINESS INTO AN ADJACENT VACANT SPACE IN A MULTI - TENANT BUILDING; EXTENDING AUTHORIZATION FOR THE TEMPORARY DESIGNATION OF A LIMITED NUMBER OF EXISTING PUBLIC PARKING STALLS WITHIN THE CENTER DOWNTOWN ZONING DISTRICT TO SUPPORT PARKING FOR SHORT-TERM CURBSIDE PICK-UP OR TO GO ORDERS FROM BUSINESSES; EXTENDING THE TEMPORARY WAIVER OF PARKING FEES FOR PARKING FOR PERIODS OF UP TO 10 HOURS WITHIN THE CITY'S CITY CENTER PARKING GARAGE LOCATED AT 655 SOUTH 2ND STREET; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, on July 13, 2020, in response to business -related impacts due to the novel coronavirus (COVID-19) pandemic, the City Council adopted interim zoning controls via Ordinance No. 5974, valid through December 31, 2020 or the date that the City enters Phase 4 of the Governor's Safe Start plan, whichever occurred first; and WHEREAS, Ordinance No. 5974 established a new type of temporary right-of-way permit known as an "Economic Recovery Revocable Right -of -Way Permit" which is similar to existing right-of-way permits but does not carry a permit fee to assist businesses that are able to use public right-of-way and/or their private parking lot areas in order to expand the area within which customers could be served — in keeping with appropriate social distancing standards and other public health guidelines— in order to help struggling businesses including restaurants survive and 1 ORDINANCE NO. 6018 help keep the employees who depend on the jobs that have been impacted and jeopardized by the coronavirus shut -downs employed; and WHEREAS, parklets and prefabricated outdoor spaces meet the intended purpose of "expanding the area within which a business may provide goods or services to customers while keeping with public health guidelines" that served as the basis for establishing Economic Recovery Revocable Right -of -Way Permits, and, thus, the City Council wishes to allow for them as an element of encouraging economic recovery in the City; and WHEREAS, Ordinance No. 5974 also established and temporarily allowed businesses to place signs known as "Economic Recovery Signs" in the form of A -Frame Signs and Event Signs, through December 31, 2020; and WHEREAS, on December 7, 2020, the City Council extended and amended Ordinance No. 5974, via Ordinance No. 5997, in response to the continued impacts the COVID-19 public health emergency has had on businesses. Ordinance No. 5997 is valid through June 7, 2021 or the date that the City enters Phase 4 of the Governor's Safe Start plan, whichever occurred first; and WHEREAS, in addition to extending and amending the interim zoning controls established in Ordinance No. 5974, Ordinance No. 5997 waived the requirement to obtain a Temporary Use Permit for the temporary expansion of a business into an adjacent vacant space in a multi -tenant building in compliance with the Governor's Safe Start plan and public heath guidelines for COVID- 19; and WHEREAS, in order to assist the struggling downtown business community, Ordinance No. 5997 approved the designation of a limited number of existing public parking stalls within 2 ORDINANCE NO. 6018 the area zoned Center Downtown (CD) as short-term parking for curbside pick-up orto go -orders; and WHEREAS, in order to accommodate the anticipated increases in short-term parking in the area zoned Center Downtown (CD) and to assist the struggling downtown business community, Ordinance No. 5997 temporarily waived hourly parking fees in the City's City Center Parking Garage located at 655 S 2nd St. for parking periods of up to 10 hours; and WHEREAS, since the adoption of Ordinance No. 5997 the Governor has issued various proclamations, in which the "Safe Start — Stay Healthy — County -By -County Phased Reopening" Plan has been replaced with the "Healthy Washington — Roadmap To Recovery"; and WHEREAS, Healthy Washington — Roadmap to Recovery has eliminated the reference to Phase 4 re -opening; and WHEREAS, the most recent Proclamation issued by the Governor, 20-25.13, states that Proclamation 20-25, et seq., will continue to be in effect until the state of emergency, issued on February 29, 2020 pursuant to Proclamation 20-05, is rescinded; and WHEREAS, due to the continued state of emergency the City Council has determined that there is a need to extend beyond June 7, 2021 the interim zoning controls establishing the Economic Recovery Revocable Right -of Way Permit, establishing and allowing Economic Recovery Signs, waiving the requirement to obtain a temporary use permit for temporary expansion of business into an adjacent vacant space in a multi -tenant building, permitting the temporary designation of short term parking stalls within the Center Downtown (CD) zoning district for curbside pick-up or to go orders, and waiving parking fees for the City Center Parking Garage; and 3 ORDINANCE NO. 6018 WHEREAS, the City Council held a public hearing on June 7, 2021, to consider a six-month extension of the interim zoning controls established in Ordinance No. 5974 and Ordinance No. 5997; and 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 the interim controls 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. Council hereby extends the interim zoning control temporarily establishing the new permit known as an Economic Recovery Revocable Right -of Way Permit in the City of Renton. Economic Recovery Revocable Right -of -Way Permits shall be: (1) Available to businesses seeking to use the public right-of-way fronting their businesses and/or their private parking lots abutting their businesses to expand the area within which customers are served, such as for sidewalk sales, sidewalk pick-up, parklets without structural components, pre -fabricated and engineered parklets, and/or outdoor restaurant seating. Obtaining an Economic Recovery Revocable Right -of -Way Permit for such uses shall not excuse a business from complying with applicable public health requirements and guidelines, including social distancing; and (2) In effect from the date of issuance through December 7, 2021; and (3) Subject to the same application and review process as a revocable right-of-way permit issued under RMC 4-8-120 and RMC Chapter 9-2, except that no application fee or permit fee shall be required; and 4 ORDINANCE NO. 6018 (4) Subject to leasehold excise tax to the same extent as a revocable right-of-way permit issued under RMC 4-8-120 and RMC Chapter 9-2. (5) For Economic Recovery Revocable Right -of -Way Permits that were approved and/or issued between July 8, 2020 and June 7, 2021 and that were still valid and unexpired as of the effective date of this ordinance, the following shall apply: The period of validity that would otherwise apply under the standard expiration dates listed in this ordinance is extended until December 7, 2021. SECTION III. As an interim zoning control, Council hereby extends the period for the new sign type known as an Economic Recovery Sign in the City of Renton, by extending the same regulations established under Ordinance Nos. 5974 and 5997 for such signs. Accordingly, Economic Recovery Signs shall continue to be subject to the following for an extended period as stated: (1) Allowed for businesses to advertise economic recovery -related events such as grand re -openings or expanded services or capacities; and (2) Allowed in the form of A -Frame Signs and Event Signs, as further specified below; and (3) If an A -Frame Sign, subject to the following standards and requirements drawn from RMC 4-4-100.J.5: a. Number: I. Within City Center Sign Regulation Area: Only one of these signs is permitted per business per street frontage. 5 ORDINANCE NO. 6018 ii. Elsewhere in the City: One of these signs is permitted per business per street frontage and, in addition, an additional sign is permitted to be located abutting the business and building to which the sign relates. b. Location Requirements: i. Permitted Location: (1) Within City Center Sign Regulation Area: A -frame signs must be placed against the building and business to which the sign relates. (2) Elsewhere in the City: A -frame signs may be located on the public sidewalk abutting the business site and/or within the landscaping area on or abutting the business site, however, A -frame signs cannot be placed in the landscape strip between the curb and outer edge of the public sidewalk. Additionally, for businesses located within shopping centers, an additional A -frame sign may be placed against the building and business to which the sign relates. ii. Pedestrian Clearance: A minimum of four feet (4') of unobstructed sidewalk area between the outer edge of the sign and the street curb is required. iii. Clear Vision Area: No sign shall be located as to pose a danger and violate the clear vision area specified in subsection RMC 4-4-100.C.6, Prohibited Signs. Where a traffic vision hazard is created, the City may require a modification to the height or location of a sign to the degree necessary to eliminate the hazard. 0 ORDINANCE NO. 6018 c. Size: Signs shall be no larger than thirty-two inches (32") wide and thirty-six inches (36") tall. d. Construction Specifications and Materials: The sign must be professionally manufactured of durable material(s). No lighting or attachments, such as balloons are permitted. e. Maintenance and Appearance: Signs must be maintained in accordance with the provisions of RMC 4-4-100.D.3, Sign Maintenance Required, and subsection RMC 4-4-100.D.4, Appearance of Signs. f. Alteration of Landscaping Prohibited: No landscaping may be damaged or modified to accommodate an A -frame sign. The City may require replacement of any damaged landscaping pursuant to RMC 4-4-070.0,, Damaged Landscaping. g. Removal upon Close of Business Required: A -frame signs shall not be displayed during nonbusiness hours. h. Proof of Insurance and Hold Harmless Agreement for Signs on Public Right -of - Way: Before placing any such A -Frame sign, the business must provide the Community & Economic Development Department's Development Services Division with (1) proof of general commercial liability insurance (certificate of liability insurance) meeting the requirements of RMC 4-4-1001.4 and (2) a signed hold harmless agreement that specifies that the owner of the sign will defend, indemnify, and hold the City harmless for any loss, injuries, damage, claims or lawsuit, including attorney's fees that arise from the sign. 7 ORDINANCE NO. 6018 i. Confiscation of Signs: Signs that do not comply with these provisions may be confiscated by the City; and (4) If an Event Sign, subject to the following standards and requirements drawn from RMC 4-4-10016: a. [Intentionally omitted.] b. Types of Event Signage Allowed: Any combination of the following types of signage are permitted: balloons, pole/wall strung and wall -hung banners not exceeding one hundred (100) square feet each in size, pole -hung banners not exceeding twenty (20) square feet each in size, flags, inflatable statuary, pennants/streamers, searchlights, wind animated objects, and other similar advertising devices approved by the Development Services Division. Rigid portable signs are also allowed provided the sign is a maximum of thirty-two (32) square feet in area on one face per sign not exceeding six feet (6') in height. Rigid portable signs are limited to one per street frontage outside the Automall. c. [Intentionally omitted.] d. [Intentionally omitted.] e. Placement Limitations for Event Signs: i. Roof: No sign or advertising device shall be placed on top of a roof or extend vertically above the fascia of the building. ii. Perimeter Street Landscaping: Event signage shall not be located within required perimeter street landscaping; and (5) Allowed without a permit and without a fee through December 7, 2021. 8 ORDINANCE NO. 6018 SECTION IV. As an interim zoning control, Council hereby extends the temporary waiver of the requirement to obtain a Temporary Use Permit for the temporary expansion of a business into an adjacent vacant space in a multi -tenant building in compliance with the Governor's Healthy Washington — Road to Recovery plan and public heath guidelines for COVID-19. All other permits required for such expansions shall continue to be required. SECTION V. Council hereby temporarily extends approval of the designation by the Administrator of the Public Works Department, or designee, of a limited number of existing public parking stalls within the Center Downtown (CD) zone to support short-term parking for curbside pick-up or to go orders from businesses located in the City center. SECTION VI. Council hereby temporarily extends the waiver of the following parking fees established in Section III of the City of Renton Fee Schedule for the following parking periods within the City Center Parking Garage: • Zero (0) to two (2) hours; • Two (2) to four (4) hours; • Four (4) to six (6) hours; and • Six (6) to (10) hours. SECTION VII. The Mayor or his designee is authorized to implement any and all administrative procedures necessary to carry out the directives of this legislation. SECTION Vill. A public hearing was held on June 7, 2021. SECTION IX. The interim controls extended herein shall be in effect until December 7, 2021, unless earlier lifted or subsequently extended by action of the City Council. 9 ORDINANCE NO. 6018 SECTION X. 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 XI. 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 7th day of June, 2021. APPROVED BY THE MAYOR this 7th day of June, 202 L. Approved as to form: Shane Moloney, City Attorney Date of Publication: 6L10 2021 (Summary) ORD:2167:6/2/2021 Arknonf'o Pavone, Mayor pF RE * SEAL i 7r TED 10