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HomeMy WebLinkAboutERC_Report_RMC_Title_IV_Docket16BDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ERC Report 2019 Docket #16, Group B ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: August 23, 2021 Project Name: 2021 Docket #16, Group B Project Number: LUA21-000279, ECF Project Manager: Angie Mathias, Long Range Planning Manager Owner: City of Renton Applicant: City of Renton Contact: Angie Mathias, 425-430-6576 Project Location: All docket items are citywide. Project Summary: The applicant is requesting Environmental (SEPA) Review to review for the following non-project items: 1.ADU Amendments: The city received a request from a religious institution to allow Accessory Dwelling Units on their property. Current code only allows ADU’s associated with single family dwellings. 2.Retail Pet Sales: The City does not currently have specific regulations regarding retail pet sales. Additionally, the State adopted legislation that says retail pet stores can not sell cats and dogs, unless they did so prior to the effective date of the legislation. Renton has two stores this pertains to. Additional regulations for this use are proposed. 3.Height and Setbacks in the RMF Zone: The allowed height and setbacks in the RMF zone are inconsistent with other zones. It is recommended they be amended to be improve consistency. 4.Residential Accessory Structures: Many residential lots lack enough space to build detached accessory structures (sheds, ADUs). RMC treats roofs over backyard patios and decks like home additions, so many homeowners cannot build such roofs. RMC allows detached structures to be up to 18’ tall, which is very tall. Developers can restrict total buildable area by building inadequate stormwater facilities. Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (footprint): Proposed New Bldg. Area (gross): N/A N/A Site Area: N/A Total Building Area GSF: N/A STAFF RECOMMENDATION: Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance (DNS). PART ONE: PROJECT DESCRIPTION / BACKGROUND ADU Amendments: Staff proposes allowing religious institutions and non-profit organizations to construct ADU’s provided: 1.Proposals shall only be considered when housing is set aside for affordable housing or occupied exclusively by low-income households for at least 50 years or the life of the development, even if the religious organization no longer owns the property. This agreement shall be a covenant running with the land, binding on the assigns, heirs and successors of the applicant to the satisfaction of the City Attorney. DocuSign Envelope ID: 56134FD5-20FC-4D39-92EB-BC6FF2A53946 City of Renton Department of Community & Economic Development Environmental Review Committee Report 2021 DOCKET #16, GROUP B LUA21-000279, ECF Report of Monday, August 23, 2021 Page 2 of 4 ERC Report RMC Title IV Docket16BB 2. Compliance with Federal Fair Housing Regulations. 3. All proposals require a conditional Use Permit (CUP) so that the appropriate mitigation measures and conditions can be applied, if needed, to protect the public health, safety, and welfare of the community. As adopted in RMC 4-9-030, Conditional Use Permits. 4. Proposals for ADUs where an existing church underwent site plan review shall be required to apply for site plan modification to ensure that the proposed development is implemented in a manner that is consistent with the policies and regulations originally applied. 5. The maximum number of ADUs allowed on any given lot is three (3). Retail Pet Sales: In 2020, a new business came to the City to apply for a building permit to make tenant improvements for a Retail Pet Sales business. The City did not have that specific land use identified in the Zoning Use Table, but found that it was substantially similar to Kennels and Pet Day Care. The applicant indicated that they met the regulations applied to those types of businesses. The City docketed a review of those standards and consideration of additional regulations specific to Retail Pet Sales in general, as well as, specifically dogs and cats. Staff recommend adopting all the standards for Kennels and Pet Day Care for Retail Pet Stores selling cats and dogs. Additionally, the following: 1. No retail pet store shall knowingly sell a sick or injured animal. 2. No retail pet store shall misrepresent an animal to a consumer in any way. 3. Animals shall have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day. However, as appropriate to the animal, the lighting shall not be constant throughout all hours of the day. 4. There shall be adequate ventilation to provide for the health of animals and to assist in the removal of foul and obnoxious odors. This may be accomplished through the rotation and periodic opening of doors and windows, with fans, or ventilation equipment. 5. Retail pet stores will be inspected to ensure compliance with these regulations. The owner or keeper of a retail pet store shall admit any employee of the City, for the purpose of making an inspection, at any reasonable time that admission is requested. 6. The business license, issued by the City, of a retail pet store may be revoked or denied renewal for failure to comply with these regulations. For pet stores selling cats or dogs, staff have proposed adopting the following additional requirements: 1. An employee or owner shall come in to feed, water, and do the necessary cleaning when the retail pet store is closed. 2. Information on the exercise needs, grooming needs, and potential health defects of the breed and/or type of cat or dog shall be provided. 3. The full name and United States Department of Agriculture license number of the breeder from which the animal was obtained shall be posted on the cage or enclosure of the animal for sale. 4. A retail pet store must, prior to obtaining a dog, obtain all inspection reports for the breeder created by the United States Department of Agriculture within the previous three years. A retail pet store must maintain and be able to produce the records during an inspection by the City and the records must be provided to the customer prior to purchase. 5. For stores selling dogs, all dogs must be obtained from a breeder who uses the same standards as identified in RCW 16.52.310. During the 2021-2022 session the Washington State Legislature considered and then adopted House Bill 1424. The legislation added a new section regarding the sale of cats and dogs. It states that retail pet stores may not offer for sale any dog or cat, except for retail pet stores that sold dogs or cats before the effective date of the new section. The State’s adoption of HB 1424 established a framework for the consideration of these types of ordinances the City DocuSign Envelope ID: 56134FD5-20FC-4D39-92EB-BC6FF2A53946 City of Renton Department of Community & Economic Development Environmental Review Committee Report 2021 DOCKET #16, GROUP B LUA21-000279, ECF Report of Monday, August 23, 2021 Page 3 of 4 ERC Report RMC Title IV Docket16BB is working within this framework to adopt legislation to not allow retail pet stores to sell cats and dogs, except those that sold them prior to the adoption of a new City ordinance. Height and Setbacks in the RMF ZONE: Staff seeks to revise the front and secondary front yard setbacks in the RMF Zone to be consistent with the setback requirements of the Residential-14 (R-14), Commercial Neighborhood (CN), Center Village (CV), and Commercial Arterial (CA) Zones. In the RMF Zone, the minimum front and secondary front yard setback is ten feet (10’) for townhouse structures and twenty feet (20’) for other attached dwelling developments. However, the ten foot (10’) minimum setback required for townhome developments in the RMF Zone is currently an outlier compared to the setbacks required in the R-14, CN, CV, and CA Zones. The R-14, CN, CV, and CA zones all require a minimum front and secondary front yard setback of fifteen feet (15’). Staff recommend applying the same 15’ setback to the RMF zone. Additionally, proposed amendments seek to ensure that additional height requests in the RMF zone are reviewed via the Conditional Use Permit process to be consistent with the review process in other zones, including the Residential-14 (R-14), Center Village (CV), Commercial Arterial (CA), Center Downtown (CD), Commercial Office (CO), and Light Industrial (IL) Zones. Finally, staff recommends additional height requests to not allow townhomes to exceed 35’. Residential Accessory Structures: Staff have heard from residents who desire greater capacity for Detached Accessory Structures (DASs), notably owners of lots subdivided to meet only the minimum standards (e.g., lot area, and depth or width). Additionally, the code treats roofs over backyard patios and decks like home additions, so many homeowners cannot build such roofs. The maximum height allowed is 18’ tall, which is very tall and inconsistent. Finally, developers can restrict total buildable area by building inadequate stormwater facilities and this creates limited buildable area for homeowners who wish to build DASs. Staff recommends the following: 1. Reduce the required separation between residential structures from 6 to 4 feet; 2. Grant each residential lot 5% of the lot area for a DAS, while upholding current impervious surface limits; 3. Increase the R-8 Zone rear yard setback to 25’ 4. Allow patio/deck roofs to intrude into rear yard setback, be granted 5% lot area (limited by allowed impervious surface) regulate height as a DAS, and require 5’ setbacks. 5. Reduce the allowed height of DASs to 12’ from grade to the top of the structure; and 6. Require stormwater facilities for new residential development to be capable of ensuring each lot in a development can achieve the maximum impervious surface allowed by RMC. PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS with a 14-day Appeal Period. B. Mitigation Measures 1. None C. Exhibits None DocuSign Envelope ID: 56134FD5-20FC-4D39-92EB-BC6FF2A53946 City of Renton Department of Community & Economic Development Environmental Review Committee Report 2021 DOCKET #16, GROUP B LUA21-000279, ECF Report of Monday, August 23, 2021 Page 4 of 4 ERC Report RMC Title IV Docket16BB D.Environmental Impacts There are no environmental impacts that are anticipated to occur in conjunction with the proposal. E.Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or “Advisory Notes to Applicant.” ✓Copies of all Review Comments are contained in the Official File and may be attached to this report. The Environmental Determination decision will become final if the decision is not appealed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). ✓Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on September 7, 2021. Due to the ongoing state of emergency enacted by Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub only on Tuesdays and/or Wednesdays. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. DocuSign Envelope ID: 56134FD5-20FC-4D39-92EB-BC6FF2A53946