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HomeMy WebLinkAboutCI-176 CI-176 Page 1 of 9 Department of Community and Economic Development Planning Division ADMINISTRATIVE CODE INTERPRETATION ADMINISTRATIVE CODE INTERPRETATION #: CI-176 MUNICIPAL CODE SECTIONS: RMC 4-2-060, Zoning Use Tables – Uses Allowed in Zoning Designations RMC 4-2-080, Conditions Associated with Zoning Use Tables RMC 4-11-040 Definitions D RMC 4-11-080 Definitions H RMC 4-11-110 Definitions K RMC 4-11-160 Definitions P RMC 4-11-200 Definitions T REFERENCE: WA State Engrossed 2nd Substitute - E2SHB 1220 RCW 35A.21.430 SUBJECT: Compliance with RCW 35A.21.430 BACKGROUND: RCW 35A.21.430 states, in part, that a code city shall not prohibit transitional housing or permanent supportive housing (referred to herein as TH/PSH) in any zones in which residential dwelling units or hotels are allowed. Ordinance 6026 amended Renton Municipal Code (RMC) to comply with RCW 35A.21.430 and established that TH/PSH are allowed in every zone because either a hotel or residential dwelling units are allowed in every zone within the City of Renton. RCW 36.70A.030 and RCW 84.36.043 provide the definitions of “permanent supportive housing” and “transitional housing,” respectively, which each state that dwelling units are provided within each facility. A ‘dwelling unit’ is defined as a structure or portion of a structure designed, occupied, or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided for the exclusive use of a single household. Because both TH/PSH provide complete dwelling units for residents, they are regulated by development standards such as the maximum density; however, in zones where dwelling units are not allowed but hotels are CI-176 Page 2 of 9 allowed, there exists no maximum density standard to apply, which creates ambiguity in the application of Title IV, RMC. Staff have identified three zones or areas where hotels are allowed and therefore, TH/PSH are allowed, but residential dwelling units are prohibited and therefore, no residential density standard is applied: 1. Industrial Zones (IL, IM, & IH) in the Employment Area (EA) land use designation west of Rainier Avenue South/ SR-167; 2. The CO Zone outside of a ¼ mile radius from qualifying mass transit facilities; and 3. The CA Zone within the Benson, Cedar River, Talbot, or Valley Community Planning Areas. Furthermore, it is unclear if all standards that apply to attached dwellings in commercial zones are also applicable to attached dwellings within TH/PSH where located within commercial zones. DECISION: RMC shall be interpreted by: 1. moving “permanent supportive housing” and “transitional housing” in the Zoning Use Table under the subsection “D. Other Residential, Lodging and Home Occupations”; 2. applying Condition #88 of RMC 4-2-080 to both uses, and stating the uses are allowed only where either residential dwelling units or hotels are allowed; 3. amending Condition #88 of RMC 4-2-080 to state that a maximum density of 30 dwelling units per net acre is allowed where no maximum density standard is applied or where dwelling units are prohibited; 4. applying Condition #6 of RMC 4-2-080 to “transitional housing” and “permanent supportive housing” in all commercial zones, except for the CO Zone to which Condition #16 is applied. Similarly, applying Condition #6 to “assisted living facilities” in all commercial zones except the CO Zone to which Condition #16 is applied; 5. amending the definition of “attached dwelling” so the definition includes all buildings with attached dwelling units but excludes specified land uses; 6. amending the definition of “dwelling unit” to be more aligned with that of the International Building Code, specifying that a “kitchen” is required, and that “sanitary facilities” includes a sink, a toilet, and a shower or bathtub; 7. adding a definition for “kitchen”; CI-176 Page 3 of 9 8. amending the definitions of “transitional housing” and “permanent supportive housing” by linking said definitions to codified state definitions; and 9. Amending the definition of “homeless services use” so “emergency shelter” and “emergency housing” are linked to the state definitions. JUSTIFICATION: The ambiguity created by these conflicting provisions requires clarification for proper administration of Title IV of RMC and compliance with RCW 35A.21.430. The justifications below correspond with the decisions above. 1. This is a more fitting category that includes similar uses like “assisted living facilities”; 2. Both uses are required by state law to be allowed where either residential dwellings or hotels are allowed, so this change will likely ensure RMC remains in compliance with state law; 3. Thirty dwelling units per net acre is a moderate density with respect to the various density maximums of other zones; 4. Much like “assisted living facilities” that provide housing and support services to a specified population, if TH/PSH is provided in the form of attached dwellings then all provisions normally applied to such dwelling units shall be applied to TH/PSH, specifically Conditions #6 and #16 of RMC 4-2-080. Because the current definition of “attached dwelling” includes “assisted living facilities” it is logical to also apply Conditions #6 and #16 as applied to TH/PSH; 5. “Attached dwelling” is defined to include one specified land use (assisted living facility) but to exclude several other land uses: boarding and lodging houses, accessory dwelling units, adult family homes, and group home I or group home II. Amending the definition to include all buildings or portions of buildings meeting the definition will ensure any land use providing attached dwellings is included in the definition by default. Conversely, any new exclusions will need to be carefully considered and added to the definition. 6. The current definition of “dwelling unit” cites various aspects that comprise a unit, specifically “cooking, sleeping, and sanitary facilities.” “Cooking facilities” could be misinterpreted to mean the most basic provisions for cooking food (e.g., a microwave). Similarly, “sanitary facilities” is somewhat vague. Clarity is provided by amending the definition to require a kitchen and specifying that sanitary facilities include a sink, a toilet, and a shower or bathtub. 7. A definition for “kitchen” is required due to the amended definition of “dwelling unit” (see #6 above). CI-176 Page 4 of 9 8. Because the city is required to permit TH/PSH pursuant to RCW 35A.21.430, it is prudent to link the definitions of TH/PSH to the state definitions in case the state changes the definitions; and 9. The same reasoning for linking the definitions of TH/PSH to the state definitions can be applied to the definitions of “emergency shelter” and “emergency housing.” ADMINISTRATOR APPROVAL: C. E. “Chip” Vincent EFFECTIVE DATE: May 23, 2022 BINDING: Under principles of judicial finality, administrative code interpretations that are not timely appealed are binding. This binding decision is a formally adopted interpretation of existing Renton Municipal Code. APPEAL PROCESS: To appeal this determination, a written appeal accompanied by the required filing fee must be filed with the City’s Hearing Examiner (1055 South Grady Way, Renton, WA 98057, 425-430-6551) no more than 14 days from the date of this decision. Section 4-8-110 of the Renton Municipal Code provides further information on the appeal process. DISCLAIMER: Excerpts from the Renton Municipal Code shown below may not contain the most recently codified text. In such instances, code amendments implemented through this Administrative Code Interpretation shall be construed to affect the current code and past/future Administrative Code Interpretations not yet codified in the same manner as shown below. Should any conflicts result, the Administrator shall determine the effective code. SPECIFIED CODE SEE THE FOLLOWING PAGES SHALL BE READ AS FOLLOWS: STAFF CONTACT: Paul Hintz x7436 CI-176 Page 5 of 9 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-1 UC-2 D. OTHER RESIDENTIAL, LODGING AND HOME OCCUPATIONS Accessory dwelling unit AC7 AC7 AC7 AC7 AC7 AC7 AC7 Adult family home P P P P P P P P P P P3 Assisted living AD AD P P P6 P3,6 P40,16 P6 P96,6 P96,6 Caretaker’s residence AC AC AC AC AC AC AC AC Congregate residence AD P P3 Group homes I AD H3 Group homes II for 6 or less AD P P P P P P P P P P3 P Group homes II for 7 or more H H H H H H H H P H H3 AD Home occupations (RMC 4-9-090) AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC Live-work unit AD AD AD Permanent supportive housing88 H H H H H H H H H H H H H6 H6 H6 H6 H16 H6 H6 H6 Transitional housing88 H H H H H H H H H H H H H6 H6 H6 H6 H16 H6 H6 H6 CI-176 Page 6 of 9 4-2-080 CONDITIONS ASSOCIATED WITH ZONING USE TABLES: A. SUBJECT TO THE FOLLOWING CONDITIONS: 88. Permanent supportive housing, as defined under RCW 36.70A.030, and Ttransitional housing, as defined under Chapter 84.36 RCW, is are allowed land uses where residential dwellings and/or hotel uses are allowed, subject to the density and dimensional standards of the corresponding zone or to no more than one hundred (100) dwelling units, whichever is less; where no density maximum is applied or dwelling units are prohibited, the maximum density allowed shall be thirty (30) dwelling units per net acre. The cap of one hundred (100) may be increased to one hundred fifteen (115) dwelling units if there is a written agreement with the City to designate at least fifteen percent (15%) of the dwelling units to those currently experiencing homelessness in the City. 89. Reserved. Minimum net residential density and structured parking requirements in RMC 4-2-120B, and all requirements in RMC 4-2-080A16 and RMC 4-4-150 shall not apply to new transitional or permanent supportive housing that is converted from an existing building originally permitted as a hotel in which the rooms contain both bathrooms and kitchens so that they may be converted into a number of residential dwelling units that do not exceed the number of previously approved hotel rooms. 4-11-040 DEFINITIONS D: DWELLING, ATTACHED: A dwelling unit connected to one or more dwellings by common roofs, walls, or floors or a dwelling unit or units attached to garages or other nonresidential uses. This definition includes all buildings or portions of buildings meeting this definition, assisted living facilities but excludes boarding and lodging houses, accessory dwelling units, adult family homes, group home I or group home II as defined herein. Attached dwellings include the following types: A. Flat: A dwelling unit attached to one or multiple dwelling units by one or more common roof(s), wall(s), or floor(s) within a building. Typically, the unit’s habitable area is provided on a single level. Unit entrances are provided from a common internal corridor. B. Townhouse: A ground-related dwelling attached to one or more such units in which each unit has its own exterior, ground-level access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common walls. Townhouse units may be multi- story. C. Carriage House: One or more dwelling units built above one or more private garage(s). The attached garage(s) typically contains vehicles and/or storage for people living in another building as well as occupants of the carriage house. This definition does not include accessory dwelling unit. CI-176 Page 7 of 9 D. Garden Style Apartment(s): A dwelling unit that is one of several stacked vertically, with exterior stairways and/or exterior corridors and surface parking. Parking is not structured and may include detached carports or garages. Buildings and building entries are oriented toward internal drive aisles and/or parking lots and not street frontage. There is typically no formal building entry area connected to a public sidewalk and a public street. Site planning may incorporate structures developed at low landscaped setbacks. DWELLING UNIT: A structure or portion of a structure designed, occupied or intended for occupancy as a single unit providing complete, independent living facilities with separated living quarters, with a kitchen, cooking, sleeping, and sanitary facilities provided for the exclusive use of a single household. For the purposes of this definition, sanitary facilities shall include a sink, a toilet, and a shower or bathtub. 4-11-080 DEFINITIONS H: HOMELESS SERVICES USE: Shelters or housing 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 may include 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. Emergency Shelter: Emergency shelter has the same meaning as Consistent with RCW 36.70A.030, “emergency shelter,” and as thereafter amended. 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. 3. Emergency Housing: Emergency housing has the same meaning as Consistent with RCW 36.70A.030, “emergency housing,” and as thereafter amended. 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. A COVID-19 deintensification shelter meeting this definition is a homeless services use. CI-176 Page 8 of 9 4-11-110 DEFINITIONS K: KITCHEN: a kitchen means an area within a dwelling unit that is used or designed to be used for the preparation or cooking of food and that contains the following: gas line and/or 240-volt electrical outlet; a stove/range with an approved exhaust system; a sink with dimensions no less than twenty-two (22) inches wide, sixteen (16) inches long, and eight (8) inches deep with a waste line drain one-and-one-half (1-½) inches or greater in diameter; and a refrigerator exceeding five (5) cubic feet in capacity or space opening with an electrical outlet that may reasonably be used for a refrigerator exceeding five (5) cubic feet in capacity. 4-11-160 DEFINITIONS P: PERMANENT SUPPORTIVE HOUSING: Permanent supportive housing has the same meaning as RCW 36.70A.030, “Permanent supportive housing,” and as thereafter amended. Consistent with RCW 36.70A.030, subsidized, leased dwelling units 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 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. 4-11-200 DEFINITIONS T: TRANSITIONAL HOUSING: Transitional housing has the same meaning as RCW 84.36.043, “Transitional housing,” and as thereafter amended. Consistent with RCW 84.36.043, a project that provides one or more dwelling units and supportive services to homeless persons or families for up to two (2) years and that has as its purpose facilitating the transition of homeless persons and families into independent living.