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HomeMy WebLinkAboutORD 6081CITY OF RENTON, WASHINGTON ORDINANCE NO. 6081 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 4-2-060.0 OF THE RENTON MUNICIPAL CODE, ADDING A DEFINITION OF "BATTERY ENERGY STORAGE SYSTEM FACILITY" TO SECTION 4- 11-020 OF THE RENTON MUNICIPAL CODE, LIFTING THE MORATORIUM ESTABLISHED BY ORDINANCE NO. 6061, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Renton has adopted a Comprehensive Plan and zoning regulations pursuant to the Growth Management Act that authorizes land uses and activities within the City; and WHEREAS, the City received a Battery Energy Storage System ("BESS") pre -application meeting request; and WHEREAS, BESS is not an authorized or permitted use pursuant to the City's Comprehensive Plan and zoning regulations; and WHEREAS, the City Council had determined there was a need for a moratorium on accepting any land use application, building permit application, or business license application for BESS; and WHEREAS, the moratorium was established on April 18, 2022 by Ordinance No. 6061; and WHEREAS, once in effect, this ordinance shall supersede Ordinance No. 6061; and WHEREAS, in accordance with RCW 35A.63.220, a public hearing was scheduled and held on June 6, 2022; and WHEREAS, the moratorium is scheduled to be in effect until October 18, 2022, unless ended earlier by subsequent City Council action, or unless extended by the City Council pursuant to state law; and 1 ORDINANCE NO. 6081 WHEREAS, the City Council sought to understand any impacts and determine appropriate zoning and development standards for such systems; and WHEREAS, the City's Community and Economic Development Department (CED) regularly undertakes work programs to propose amendments to Title IV of the Renton Municipal Code (RMC); and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on July 1, 2022, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on July 20, 2022, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsection 4-2-060.0 of the Renton Municipal Code is amended by adding a row for Battery Energy Storage System Facility, as shown in Attachment A. All other provisions in Section 4-2-060 remain in effect and unchanged. 2 ORDINANCE NO. 6081 SECTION III. Section 4-11-020 of the Renton Municipal Code is amended to add a definition of "Battery Energy Storage System Facility" in alphabetical order to read as shown below. All other definitions in 4-11-020 remain in effect and unchanged. BATTERY ENERGY STORAGE SYSTEM FACILITY: One or more utility -scale energy storage systems designed to receive, store, and discharge energy to and from the electrical grid or energy generation facility for later use. Battery Energy Storage Systems generally consist of batteries assembled together and may include on - site switchyard, inverters, associated interconnection transmission line and supervisory control and data acquisition system. This definition excludes individual residential and commercial use systems for onsite energy use stand- alone 12-volt car battery or electric motor vehicles, and other consumer products. SECTION IV. The moratorium established by Ordinance No. 6061 is hereby ended on the same date as the effective date of this ordinance. SECTION V. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, 3 ORDINANCE NO.6081 such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VII. This ordinance shall be in full force and effect five (5) days after publication of 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 10th day of October, 2022. APPROVED BY THE MAYOR this 10th day of October, 2022. ArrAon�*frmne, Mayor Approved as to form: Shane Moloney, City Attorney * SEAL Date of Publication: 10/13/2022 (Summary) Z Z,�D, a ��0�uq��uaN� ORD-CED:2238 D-214:9/22/22 ''�i��R�TED sE��11`10 E ATTACHMENT A 4-2-060 Zoning Use Table — Uses Allowed in Zoning Designations: 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 O. UTILITIES Battery Energy Storage System Facility Communication broadcast and relay towers H H H H H H H H H H29 H29 H29 H H H H H H Electrical power generation and cogeneration H H66 H66 H66 H66 H66 H66 H66 H66 H66 Utilities, small P5 P5 P5 P5 P5 P5 P5 P5 P5 P P P P P P P P P P P Utilities, medium AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD AD AD AD AD AD AD AD AD AD AD Utilities, large H5 H5 H5 H5 H5 HS H5 H5 H5 H H H H H H H H H H H Solar energy system, ground- mounted, small-scale AC AC AC AC AC AC AC AC AC