HomeMy WebLinkAboutERC_Report_D-200_Compliance_with_E2SHB_1220DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
ERC Report D:201 UC Zone Development Standards
ENVIRONMENTAL REVIEW COMMITTEE REPORT
ERC MEETING DATE: August 23, 2021
Project Name: D:200 Compliance with E2SHB 1220
Project Number: LUA21-000282, ECF
Project Manager: Paul Hintz, Senior Planner
Owner: City of Renton
Applicant: City of Renton
Contact: Paul Hintz, 425-430-7436
Project Location: All docket items are citywide.
Project Summary: GENERAL DESCRIPTION
Amend RMC to comply with Engrossed Second Substitute House Bill (HB) 1220, which
requires the city allow permanent supportive housing and transitional housing in any
zone where dwelling units or hotels are allowed. HB 1220 limits zoning discretion for
emergency shelters and emergency housing; staff recommend the option that allows
the city to choose a majority of zones instead of allowing in every zone that allows
hotels. Staff recommend such emergency facilities be regulated as a “homeless
services use” pursuant to Emergency Ordinances 5996 and 6019 (requiring specific
submittal standards and adhering to minimum standards). Additionally, staff
recommends including changes from those emergency ordinances that: 1) clarify land
use definitions; 2) correct text related to Title IV’s unclassified use interpretation
process; and 3) allow a single COVID-19 Deintensification Shelter for a limited term.
STAFF RECOMMENDATION
Staff recommend the following summarized zoning, occupancy, spacing, and intensity
of use requirements to comply with HB 1220.
1. Adopt the state’s definitions for “permanent supportive housing” and allow in
every zone by a Hearing Examiner (HEX) conditional use permit (CUP) subject to
standards of each zone (e.g., density, height, buildable area, etc.).
2. Adopt the state’s definition for “transitional housing” and allow in every zone by
a Hearing Examiner (HEX) conditional use permit (CUP) and limit the scale of such
facilities by zoning density limits or limit to 100 sleeping units, or 115 units there
is an agreement with the City to designate at least 15% of the units to those
currently experiencing homelessness in the City, whichever is less.
3. Revise the “homeless services use” definition to include the HB 1220 definitions
for “emergency shelters” and “emergency housing.”
4. Allow the homeless services use through a HEX CUP in the following zones: Center
Village (CV), Commercial Office (CO), Commercial Officer Residential (COR), Urban
Center (UC), all three industrial zones (IL, IM, and IH), Residential-1 (R-1),
Residential-10 (R-10), and Residential-14 (R-14).
5. Within the CV, CO, COR, UC, IL, IM, and IH zones, limit homeless services uses to
no more than 100 persons served, or up to 115 residents if there is an agreement
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City of Renton Department of Community & Economic Development Environmental Review Committee Report
D:200 COMPLIANCE WITH E2SHB1220 LUA21-000282, ECF
Report of Monday, August 23, 2021 Page 2 of 7
ERC Report D:200 Compliance with E2SHB 1220
PART ONE: PROJECT DESCRIPTION / BACKGROUND
BACKGROUND
RCW 35.21.689, which was adopted in 2019, states that “a city may not prohibit permanent supportive
housing in areas where multifamily housing is permitted." HB 1220 now adds “transitional housing” to
this prohibition and extends the geographic scope to any zones in which residential dwelling units or
hotels are allowed; and yet one, or both, of these two uses are allowed in every City of Renton zone, which
leaves the city with no zoning discretion for permanent supportive or transitional housing.
State law amended by HB 1220 states that effective September 30, 2021, a city shall not prohibit
emergency shelters and emergency housing in any zones in which hotels are allowed (Option A), except
in such cities that have adopted an ordinance authorizing emergency shelters and emergency housing in
a majority of zones within a one-mile proximity to transit (Option B).
HB 1220 allows cities to adopt reasonable occupancy, spacing, and intensity of use requirements for
permanent supportive housing, transitional housing, emergency housing, and emergency shelters to
protect public health and safety. Any such requirements on occupancy, spacing, and intensity of use may
not prevent the siting of a sufficient number of permanent supportive housing, transitional housing,
emergency housing, or emergency shelters necessary to accommodate each city's projected need for such
housing and shelter under RCW 36.70A.070(2)(a)(ii).
Emergency Ordinances 5996 and 6019 created such reasonable occupancy, spacing, and intensity
standards for a “Homeless Services Use” – day and overnight shelters for homeless individuals – which is
effectively what ESSHB defines as emergency shelters and emergency housing. Ordinance 5996 allows the
homeless services use in the IL, IM, IH, CV, and CO zones by a Hearing Examiner conditional use permit or
by development agreement. These facilities are limited to no more than 100 persons served, or up to 115
residents if there is an agreement with the city to designate at least 15% of the sleeping units to those
currently experiencing homelessness in the city.
with the City to designate at least 15% of the sleeping units to those currently
experiencing homelessness in the City.
6. In residential zones, allow homeless services uses to have up to ten occupants in
R-1 and R-10 Zones, and fourteen in the R-14 Zone. The number of occupants
includes staff, but excludes persons related by blood or marriage, or persons with
disabilities.
7. Require within all zones any homeless services use with 50 beds in one facility to
be separated from other facilities by at least ½ mile unless they do not provide
more than a combined 150 beds.
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).
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City of Renton Department of Community & Economic Development Environmental Review Committee Report
D:200 COMPLIANCE WITH E2SHB 1220 LUA21-000282, ECF
Report of Monday, August 23, 2021 Page 3 of 7
ERC Report D:200 Compliance with E2SHB 1220
Additional occupancy, spacing, and intensity standards for a homeless services use include:
• Shelters with more than 50 beds must be separated from other Homeless Service Uses by at least
½ mile unless they do not serve more than a combined 150 residents;
• Submittal materials include a narrative, standard operating procedures, and plans to address
potential issues based on the homeless population(s) served (e.g., code of conduct, security,
maintenance, method(s) of communication to the community, the city, law enforcement).
• Adequate toilet, bathing, sleeping, laundry and storage facilities;
• Access to Wi-Fi for occupants of the homeless services use;
• Recycling and solid waste collection facilities to meet the demands;
• Designated smoking areas located a minimum of 25 feet from perimeter property lines;
• Front desk staff provided during operating hours for each homeless services use;
• Designated and dignified privacy areas (e.g., lactation rooms, medical/counseling rooms, etc.).
• A permanent address and mailroom; and
• A final safety and security plan.
Many of the provisions of Ordinances 5996 and 6019 were crafted in cooperation with King County to
accommodate their new permanent supportive housing facility, which is a former extended-stay hotel in
on Oakesdale Ave SW in the CO zone. For example, Ord. 6019 exempted such facilities in the CO zone
from minimum density, structured parking requirements, and mixed-use development standards.
TERMINOLOGY
Adopting the following definitions is critical to complying with HB 1220:
"Emergency shelter" means a facility that provides a temporary shelter for individuals or families who are
currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy
agreement. Emergency shelter facilities may include day and warming centers that do not provide
overnight accommodations. (Definition from HB 1220).
"Emergency housing" means temporary indoor accommodations for individuals or families who are
homeless or at imminent risk of becoming homeless that is intended to address the basic health, food,
clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not
require occupants to enter into a lease or an occupancy agreement. (Definition from HB 1220).
"Transitional housing" means a project that provides housing and supportive services to homeless
persons or families for up to two years and that has as its purpose facilitating the movement of homeless
persons and families into independent living. (Definition from RCW 84.36.043(2)(c)).
“Permanent supportive housing” is subsidized, leased housing with no limit on length of stay that
prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions
practices designed to use lower barriers to entry than would be typical for other subsidized or
unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors.
Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a
person living with a complex and disabling behavioral health or physical health condition who was
experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain
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City of Renton Department of Community & Economic Development Environmental Review Committee Report
D:200 COMPLIANCE WITH E2SHB 1220 LUA21-000282, ECF
Report of Monday, August 23, 2021 Page 4 of 7
ERC Report D:200 Compliance with E2SHB 1220
their housing and be a successful tenant in a housing arrangement, improve the resident's health status,
and connect the resident of the housing with community-based health care, treatment, or employment
services. Permanent supportive housing is subject to all of the rights and responsibilities defined in
chapter 59.18 RCW. (Definition from RCW 36.70A.030).
Generally, permanent supportive housing is meant to be a permanent form of housing for households
facing homelessness, while the others are meant to provide a transition between homelessness and a
permanent housing option. Permanent supportive housing must be regulated no differently than any
other type of housing in each zone.
OPTION A VERSUS OPTION B
OPTION A - Allow emergency shelters and emergency housing in zones where hotels are allowed.
Currently, hotels are allowed in nine zones: Commercial Arterial (CA)1, Center Downtown (CD), Center
Village (CV), Commercial Office (CO), Commercial Officer Residential (COR), Urban Center (UC)2, and all
three industrial zones (IL, IM, and IH)3.
1. Not permitted within the Commercial and Mixed-Use land use designation along Northeast
Sunset Boulevard, Northeast Fourth (4th) Street, or South Puget Drive.
2. Not allowed within 1,000' of the centerline of Renton Municipal Airport runway.
3. Only allowed in the Employment Area (EA) land use designation west of Rainier Avenue South/
SR-167
Hotels are typically allowed in most commercial zones because of their mutually beneficial relationship
with nearby businesses, and proximity to regional roadways and transit options; however, while
emergency shelters and emergency housing benefit from pro ximity to transit, such housing can create
negative impacts on nearby businesses and public places.
OPTION B - Allow emergency shelters and emergency housing in a majority of zones within one mile of
transit.
Currently, public transit bus stops inside and outside the city with a buffer of one mile covers the entirety
of the city and therefore, “Option B” would allow City Council to choose ten of the city’s nineteen zones
to be eligible for emergency shelters and emergency housing.
Because public transit bus stops inside and outside the city with a buffer of one mile covers the entirety
of the city, emergency shelters and emergency housing will benefit from proximity to transit regardless
of which zones are chosen. Such discretion also allows City Council to consider zones that do not allow
hotels, which might offer other benefits to such housing not realized in commercial zones, such as
integration into residential neighborhoods or areas with substantial open space and natural areas.
PROJECTED NEED
The new state law required cities to not prevent the siting of a sufficient number of permanent supportive
housing, transitional housing, emergency housing, or emergency shelters necessary to accommodate
each city's projected need for such housing and shelter. However, there is no guidance from the state for
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cities to estimate their projected needs or how to determine if any adopted regulations will effectively
prevent “a sufficient number.”
Emergency housing and shelters: To estimate the projected need for emergency housing and shelters,
staff used data from the 2020 Seattle/King County Point-in-Time Count of Individuals Experiencing
Homelessness (Count-Us-In-2020-Final.pdf (kcrha.org)). In that report Renton is considered part of the
southwest area, which includes Burien, Tukwila, Kent, SeaTac, Auburn, Algona, Des Moines, Federal Way,
Kent, Milton, Normandy Park, Pacific, and Vashon Island. Of the county’s total count of 11,751 people
experiencing both sheltered and unsheltered homelessness, 16% (1,880) were in King County’s southwest
area. Because Renton accounts for approximately 17.5% of the southwest population, staff posits that the
city’s projected need for emergency housing and shelters is approximately 329 beds (17.5% of 1,880).
Permanent supportive housing and transitional housing: Staff estimates there are potentially 3,917
Renton households at risk of becoming homeless. The estimation is based on the number of rente r
households in the low-income 30% (1,187) to extremely low-income 69% (2,730) categories who are
extremely cost-burdened (greater than 50% of income used toward housing costs) (data from City of
Renton Housing Action Plan: Housing Needs Assessment (rentonwa.gov)). While staff have estimated a
number of households at risk of becoming homeless, this number does not necessarily correspond directly
with the potential number of dwelling units necessary to satisfy the demand for permanent supportive or
transitional housing.
STAFF RECOMMENDATION
Because Ordinances 5996 and 6019 were carefully crafted to address experienced and potential problems
with homeless housing facilities in the city while also ensuring the creation of King County’s new
permanent supportive housing facility on Oakesdale Ave SW, staff recommend retaining all of the
provisions from that legislation (abbreviated summary provided below). However, because this proposed
legislation is expedited to comply with state law and there are few Washington municipalities with
example code to consider, staff recommend reviewing the adopted occupancy, spacing, and intensity of
use standards in the future, and consider zoning for emergency housing and emergency shelters upon the
creation or elimination of zoning districts.
Along with legislation to address HB 1220, staff recommend including changes from Ordinances 5996
and 6019 that:
1. clarify RMC land use definitions;
2. clarify and correct text related to Title IV’s unclassified use interpretation process, the distinctions
between “principal” and “accessory” uses, and staff titles; and
3. allow a single COVID-19 Deintensification Shelter for a limited term.
To comply with HB 1220 staff recommend amending Renton Municipal Code to:
8. Adopt the state’s definition for “permanent supportive housing” and allow in every zo ne by a
Hearing Examiner (HEX) conditional use permit (CUP) subject to standards of each zone (e.g.,
density, height, buildable area, etc.).
9. Adopt the state’s definition for “transitional housing” and allow in every zone by a Hearing
Examiner (HEX) conditional use permit (CUP) and limit the scale of such facilities by zoning density
limits or limit to 100 sleeping units, or 115 units there is an agreement with the City to designate
at least 15% of the units to those currently experiencing homelessness in the City, whichever is
less.
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City of Renton Department of Community & Economic Development Environmental Review Committee Report
D:200 COMPLIANCE WITH E2SHB 1220 LUA21-000282, ECF
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ERC Report D:200 Compliance with E2SHB 1220
10. Revise the “homeless services use” definition to include the HB 1220 definitions for “emergency
shelters” and “emergency housing.”
11. Choose “Option B” to allow the homeless services use through a HEX CUP in the following zones:
Center Village (CV), Commercial Office (CO), Commercial Officer Residential (COR), Urban Center
(UC), all three industrial zones (IL, IM, and IH), Residential-1 (R-1), Residential-10 (R-10), and
Residential-14 (R-14).
12. Within the CV, CO, COR, UC, IL, IM, and IH zones, limit homeless services uses to no more than
100 persons served, or up to 115 residents if there is an agreement with the City to designate at
least 15% of the sleeping units to those currently experiencing homelessness in the City.
13. In residential zones, allow homeless services uses to have up to ten occupants in R-1 and R-10
Zones, and fourteen in the R-14 Zone. The number of occupants includes staff, but excludes
persons related by blood or marriage, or persons with disabilities.
14. Require within all zones any homeless services use with 50 beds in one facility to be separated
from other facilities by at least ½ mile unless they do not provide more than a combined 150 beds.
15. Require submittal materials to include a summary of the population(s) to be served, the
operator’s experience providing homeless services, standard operating procedures, etc.
16. Require the following minimum standards:
a. Toilet, bathing, sleeping, laundry, and storage facilities to meet the demands anticipated by
the homeless services use provider.
b. Staffing provided during operating hours.
c. Designated and dignified privacy areas to meet the needs of the anticipated homeless
population that is proposed to be served (e.g., medical rooms, counseling spaces, etc.).
d. A final safety and security plan updated after any comments have been received on the plan
from the Renton Police Department.
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
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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.
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