Loading...
HomeMy WebLinkAboutERC Report RMC Title IV Docket 18DDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ERC Report 2023 Docket #18D, Code Interpretations & International Building Code ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: October 9, 2023 Project Name: PR23-000002 2023 Docket #18D, Code Interpretations & International Building Code Adoption Project Number: LUA23-000326, 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: D-231: Codification of seven code interpretations - CI-169 applied the same standards in the RMF zone as all other zones where townhomes are allowed. CI-176 clarified that density applies to hotels used for permanent supportive housing and transitional housing and that full kitchens and bathrooms are part of those dwelling units. CI-177 increased the threshold for requiring frontage improvements from $150,000 to $175,000. CI-178 corrected the setback for residential accessory structures, including ADU’s, from 6’ to 4’. CI-179 struck a reference to minimum tree density in the development regulations; this was intended to be done with the tree regulations docket item. CI-181 amended the Shoreline Master Program as requested by the Department of Ecology; specifically citing the adopting ordinance number and date, stating that the SMP prevails if there is a conflict, increased the dollar amount that constitutes Substantial Development, and amended two tables to ensure clarity. CI- 182 clarified that criteria C through E should also be considered when reviewing applications for waivers for street improvements. D-232: International Building Code Adoption – The State Building Code Council has adopted the 2021 International Building Code Building Code with three amendments. The City of Renton would also like to adopt Appendix T related to solar panel readiness for single and two family homes. Code needs to be amended to be consistent with the new State requirements and will also be amended to strike portions related to Fire standards that are now codified with the Renton Regional Fire Authority. 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). City of Renton Department of Community & Economic Development Environmental Review Committee Report 2019 DOCKET #14, GROUP E LUA19-000237, ECF Report of Monday, March 23, 2020 ERC Report RMC Title IV Docket 18D PART ONE: PROJECT DESCRIPTION / BACKGROUND #D-231 Code Interpretations Administrative Policy and Code Interpretations are binding interpretations of land use codes administered by the City. Draft interpretations are posted online and public comments may be provided during a 14 day comment period following the posting. Interpretations are then issued at the end of the comment period, subject to comments received. The interpretation may be appealed provided it is filed with the City's Hearing Examiner within 14 days from the date of issuance. None of these Code Interpretations had comments received and none were appealed. This docket item is to codify a group of code interpretations. CI-169 The Residential Multi-Family (RMF) zone is the primary zone to allow standalone multi-family development. Historically, this zone has been developed with “attached flats” (i.e., apartments) and garden style apartments (a dwelling unit that is one of several stacked vertically, with exterior stairways and/or exterior corridors and surface parking.) The existing design standards were developed to focus on these land use types. Due to trends in residential construction, townhome development has become more prevalent in the RMF zone compared to other multi-family housing types. Townhomes, except the RMF, are subject to the standards of RMC 4-2-115, Residential Design and Open Space Standards. Code requires that projects developed under the Unit Lot Subdivision process in the RMF zone shall be subject to RMC 4-2-115, implying that townhome development not utilizing the Unit Lot Subdivision process would not be subject to RMC 4-2- 115. Additionally, RMC 4-3-100, Urban Design Regulations, notes that all new structures in the RMF zone shall be subject to Urban Design District ‘B’ design regulations. However, it was not the intent of Design District B to apply to townhome development. As the standards of RMC 4-2-115 are currently applied to Unit Lot Subdivisions in the RMF zone, staff proposes that townhome development in the RMF zone should follow the Unit Lot Subdivision process, therefore clarifying which standards should apply to proposed townhome development in the RMF zone. CI-176 clarified standards which Permanent Supportive Housing (PSH) and Transitional Housing (TH) use when they occur in zones that do not allow other housing types. In 2021, Washington State passed House Bill 1220 which required jurisdictions to allow PSH and TH in any zone that allows hotels or dwelling units. In 2021, with docket item D-200 Renton adopted regulations to be compliant with HB 1220, but the identification of a density that would apply to PSH and TH in zones that allow for hotels, but not dwelling units was not established. Additionally, it was recognized that if PSH or TH were to occur in one of these zones they would need to comply with the requirements for housing, not hotels. This Code Interpretation resolved both of those things. Additionally, staff revised the definitions of PSH, TH, Emergency Shelter, and Emergency Housing to reference back to the Revised Code of Washington anticipating further amendments from the Legislature and to remain compliant with their future revisions. First, clarify that density does apply to PSH and TH in all Industrial zones west of Rainier Avenue and/or State Route 167, throughout the Commercial Office (CO) zone, and in the Commercial Arterial (CA) zone in the Benson, Cedar, Talbot, and Valley Community Planning areas. Also, a standard of 30 dwelling units per acre for PSH and TH in those zones was identified. Second, the definition of dwelling unit was amended to more closely align with International Building Code, specifying that a kitchen and is part of a dwelling unit and that sanitary facilities means a sink, toilet, and a shower or bathtub are part of a dwelling unit. Next, a new definition for Kitchen was established. CI-177 increased the threshold for when a home addition or new construction is exempted from the requirements to install frontage improvements. The dollar value was increased from $150,000 to $175,000. The intent of the Code is to allow for small projects without triggering the need for property owners to put in sometimes very costly sidewalks, planting strip and curbs. The dollar value was last adjusted in 2017 and City of Renton Department of Community & Economic Development Environmental Review Committee Report DOCKET #18D, CODE INTERPRETATIONS & INTERNATIONAL BUILDING CODE ADOPTIONS LUA23-000326, ECF Report of Monday, October 9, 2023 Page 3 of 5 ERC Report RMC Title IV Docket 18DD construction costs have increased since then. The adjustment was necessary to remain consistent with the intent of the code. CI-178 As part of Docket Item D-199, Residential Accessory Structures, staff proposed code amendments to reduce the required separation between residential structures from six feet (6’) to four feet (4’), including detached accessory structures and accessory dwelling units (ADUs). In the same docket cycle, staff proposed unrelated ADU code amendments via Docket Item D-191, ADUs as Accessory Uses to Religious Institutions. Ordinance 6049 adopted amendments related to D-199, including amendments to RMC 4-2-110.B, Development Standards for Residential Development (Detached Accessory Buildings), which reduced the required separation between residential structures from 6 feet to 4 feet. Ordinance 6046 adopted amendments related to D-191 and was intended to include the proposed amendments to RMC 4-2-110.C, Development Standards for Residential Development (Accessory Dwelling Units), as proposed via D-199, but this amendment was erroneously omitted. This CI amended code to 4’ separation. CI-179 strikes a portion of the Development Regulations Table that was inadvertently omitted from D-197 Tree Regulations in 2022. One of the changes the docket item made was to shift from using Minimum Tree Density to a Tree Credit system to determine how many trees need to be provided and/or retained for land use actions. A line in a different code section than the Tree Retention and Land Clearing Regulations referred to the Minimum Tree Density and was not stricken as part of the docket ordinance. This CI strikes that item in the table. CI-181 makes amendments to the Shoreline Master Program (SMP) in order to comply with requirements from the Department of Ecology. On November 20, 2019, Ecology provided the city with an initial determination of consistency with the policy of the Shoreline Management Act (SMA) and applicable rules. The city’s final adopted ordinance incorporated most of Ecology’s required and recommended changes provided as part of the initial determination, however Ecology identified some inconsistencies and requested some additional recommended changes to provide clarity and consistency of implementation. The CI identifies the specific date and ordinance number the SMP was adopted, Ordinance Number 5976, on August 3, 2020. It specified that if there is a conflict between the SMP and the Critical Areas Ordinance, that the SMP shall prevail. The dollar threshold codified in the SMP is $7,047, Effective July 1, 2022, the dollar threshold for substantial development was increased to $8,504. So, that amount was increased. Lastly, two tables were amended to further emphasize the already established standards. CI-182 ORD. 5981 revised criteria for waivers of street improvements to clarify that a street waiver must ensure that it will not have a negative impact on other properties and that it will have a de minimis effect on public health, safety or welfare if the improvements were not installed. If the aforementioned criteria are met, additional justification may include, but is not limited to: improvements that would also harm critical areas, improvements that will be installed as part of a City project, and if existing street topography would make the required street improvements infeasible. As adopted, the decision criteria waivers of street improvements could be misinterpreted to mean the later criteria beyond the first two are not requirements to receive a waiver of the street improvements. A code interpretation specifying all criteria are required was needed to avoid ambiguity that could lead to misinterpretation and incorrect application of code. D-232 International Building Code Adoption - A new 2021 version of State, National, Uniform and International Building Codes has been adopted by the State Building Code Council (SBCC) and it is to become effective March 15, 2024. Renton Municipal Code need to be amended to comply with these standards. Additionally, sections related to Fire Code should be deleted and an optional appendix is recommended for adoption. City of Renton Department of Community & Economic Development Environmental Review Committee Report DOCKET #18D, CODE INTERPRETATIONS & INTERNATIONAL BUILDING CODE ADOPTIONS LUA23-000326, ECF Report of Monday, October 9, 2023 Page 4 of 5 ERC Report RMC Title IV Docket 18DD The SBCC was created to advise the Legislature on building code issues and to develop the building codes used in Washington State. These codes help to ensure buildings and facilities constructed in the State are safe and healthy for building occupants, accessible to persons with disabilities and the elderly, and energy efficient. The SBCC adopts these codes with some required appendices and makes other appendices optional for local jurisdictions. Renton Municipal Code currently references the 2018 version. The SBCC has authority to adopt amendments to these codes for statewide applicability. They have adopted Residential Code Appendix Q regarding tiny homes, Appendix U regarding dwelling unit fire sprinklers, and Appendix E for supplementary accessibility. Renton Code needs to be amended to reflect the current 2021 IBC and the required appendices. In 2022, the Renton Regional Fire Authority adopted the International Fire Code. The current code chapter 4-5-060 has many requirements related to fire code that are now in the Fire Code. Staff recommends these sections be stricken. Staff also recommends that the City also adopt Appendix T, solar-ready provisions for one and two family dwelling units. Adoption of Appendix T is consistent with the goals and policies of the Clean Economy Strategy 2.0. This appendix will require new construction of single-family dwellings and duplexes to build roofing structures that will be able to accommodate solar panels in the future. Requiring this of new residential construction of single-family dwellings and duplexes may slightly increase the cost of construction that likely will affect the sale price. However, that cost is estimated to be much less than a retrofit later in order to have adequate support for installation of solar panels. 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 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). City of Renton Department of Community & Economic Development Environmental Review Committee Report DOCKET #18D, CODE INTERPRETATIONS & INTERNATIONAL BUILDING CODE ADOPTIONS LUA23-000326, ECF Report of Monday, October 9, 2023 Page 5 of 5 ERC Report RMC Title IV Docket 18DD Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on October 23, 2023. Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. 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. The appeal submitted in person may be paid on the first floor in our Finance Department. 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.