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HomeMy WebLinkAboutORD 5959CITY OF RENTON, WASHINGTON ORDINANCE NO. 5959 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-4-080.G AND 4-9-240.D.1 OF THE RENTON MUNICIPAL CODE, AND ADDING SECTIONS 4-4-085 AND 4-9-105 TO THE RENTON MUNICIPAL CODE, REGULATING VEHICLE PARKING ON RESIDENTIALLY ZONED PROPERTY, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. 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 23, 2019, 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 September 4, 2019, 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 remain in effect and unchanged. SECTION II. Chapter 4-4 of the Renton Municipal Code is amended to add a new section 4-4-085, Parking of Vehicles on Residential Property, to read as follows: 4-4-085 PARKING OF VEHICLES ON RESIDENTIAL PROPERTY: A. PURPOSE: The primary purpose of yards on residential property is to provide access to light and air and to provide circulation, recreation, and landscaping around the 1 ORDINANCE NO. 5959 primary dwelling building. The presence of such yards on residential property is beneficial to the general health, safety, and welfare of the community. The purpose of this Section is to restrict the type and number of vehicles that may be parked on residential property by declaring the parking of vehicles in violation of this Section to be a public nuisance and such violations, if unabated, present a risk to public health, safety and welfare. This Section does not address the development standards for off-street parking facilities,which can be found in RMC 4-4-080. B.APPLICABILITY: This Section applies to the parking or storage of vehicles on any residentially zoned (RC, R-1, R-4, R-6, R-8, R-10, R-14, and RMF) lot upon which one (1) or more dwelling units exist. C. DEFINITIONS: For the purpose of this Section,the following terms shall be defined as follows: 1. Commercial Vehicle: Any motor vehicle that does not meet the definition of"recreational vehicle,"as defined herein, and (a) exceeds nine(9)feet in height measured from the ground to the highest part of the vehicle or frame- mounted cargo attachment, (b) has a cargo area,truck bed, or frame that extends more than nine (9)feet behind the vehicle's passenger cab or seating area, (c) has a curb weight of more than ten thousand (10,000) pounds, or (d) can accommodate eight (8) or more persons not including the driver.This definition is intended to include vehicles that are generally not for personal use and are not in 2 ORDINANCE NO. 5959 keeping with the character of residential areas, which includes but is not limited to, all box trucks, cargo trucks/vans, chassis cabs, cutaway trucks/vans, utility trucks, flat-bed trucks, high-cube (a.k.a., hicube) trucks, tow trucks, delivery trucks, and landscaping trucks. For the purpose of applying/enforcing this definition, the City may rely upon actual measurements, manufacturer published specifications, and/or observations and perceptions that make it apparent the maximum specifications are exceeded. 2. Curb Weight:The weight of a motor vehicle without occupants or cargo as determined by the vehicle manufacturer (also called "Gross Vehicle Weight" or empty scale weight") or as reported by the Washington State Department of Licensing. 3. Licensed Driver: A person who has obtained a valid driver's license in accordance with Chapter 46.20 RCW. 4. Recreational Vehicle:A vehicle, with or without motive power,capable of human habitation or camping purposes and/or used for sporting, recreation, or social activities including but not limited to trailers, motor coaches, motor homes, fifth-wheels, campers, camper shells, camper trailers, snowmobiles and snowmobile trailers, boats and boat trailers, all-terrain vehicles and all-terrain vehicle trailers, and utility trailers. 5. Trailer: Any vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a hitch or other 3 ORDINANCE NO. 5959 connector, and ordinarily used for transporting items upon public streets and highways. D. GENERAL: 1. Obstruction of Right-of-Way: It shall be a violation of this Section for a vehicle to be parked in such a manner that it intrudes into the public right-of-way. 2. Disabled or Unlicensed Vehicles and Boats: It is unlawful for any person to keep, store or park, or to permit any other person to keep, store or park, any disabled vehicle or boat, or unlicensed vehicle or boat, on any residentially zoned property within the City unless that vehicle or boat is stored and parked outside public view within a fully enclosed building at all times. Vehicles and boats which are kept on-site and outside of an enclosed building shall be operational and currently registered. 3. Impermissible Parking Locations: Except for recreational vehicles and commercial vehicles being used for development activity pursuant to a valid City- issued permit, all motor vehicles shall be parked on a lawfully established driveway or an approved impervious surface. A separate violation of this Section shall be deemed to have occurred when, after issuance of a citation, twenty-four 24) or more consecutive hours passes and the offending vehicle remains in an impermissible location, regardless of whether or not the vehicle has been relocated from the original location. For the purpose of this Section, driveways consisting of compacted dirt and/or gravel established prior to the effective date of this Section shall be considered a permissible parking location. 4 ORDINANCE NO. 5959 4. Maximum Number of Vehicles per Lot:A maximum of four(4)vehicles, not including motorcycles or mopeds, may be parked on a lot unless vehicles in excess of the allowed number are kept within an enclosed building. Additional vehicles may be allowed if: a. More than four (4) licensed drivers reside at the same address, an additional motor vehicle for each licensed driver over four (4) may be parked at that particular address, provided that each licensed driver and said vehicle are registered to that same address; or b. An Additional Vehicles Permit is obtained (see RMC 4-9-105). c. RMC 4-4-080, Parking, Loading and Driveway Regulations, allows more off-street parking stalls for the subject property based on the presence of lawfully established structures and uses. E. COMMERCIAL VEHICLES: No more than one (1) commercial vehicle shall park or otherwise be stored on any lot in any residential zone except as allowed through an Additional Vehicles Permit, provided that no semi-trucks, semi-cabs, or tractor trailers shall be permitted. The following vehicles shall be exempt from this subsection: 1. A vehicle that is being actively loaded or unloaded; or 2. A vehicle that is being used for the exclusive purpose of providing active and permitted construction or other hired services with the permission of the owner of the property at that location including, but not limited to, construction, carpentry, plumbing, landscaping, and moving services. 5 ORDINANCE NO. 5959 F. RECREATIONAL VEHICLES: Except for loading and unloading activities completed within three (3) days within a two (2)-week period, parking or storage of recreational vehicles is not permitted unless there is compliance with the following: 1. Permitted Parking Locations:The following locations are listed in order of preference. If a specified location is not available for parking a recreational vehicle due to physical constraints, conflicts with other provisions of Renton Municipal Code, or based on the judgment of the Administrator, then the subsequent location shall be an eligible location for compliance with this subsection. a. Within a vented garage, or a carport_; b. In a side or rear yard, and parked at least a five feet (5') from property lines for recreational vehicles taller than eight feet (8'), whether on or off a trailer. If parked broadside to a street on the side or rear of a lot, the recreational vehicle must be sight-screened from that street; c. Within a front yard on a driveway parked at least five feet (5')from the side property line and perpendicular to the street; d. In other locations determined by the Administrator to be less obtrusive than the above locations. Screening may be required to meet this standard; and e. If none of the above locations are feasible, the recreational/utility vehicle must be stored off-site. 6 ORDINANCE NO. 5959 2. Modifications:The Administrator shall have the authority to modify the standards of this Section, subject to the provisions of RMC 4-9-250.D, Modification Procedures. 3. Effective Date: Notwithstanding any other provision of this Section, recreational vehicles shall not be regulated by this subsection, RMC 4-4-085.F, Recreational Vehicles, for one (1) year from the effective date of the first ordinance codified in this Section. G. VIOLATIONS AND PENALTIES: Any person who owns or is in control of property where a violation of this Section has occurred shall be guilty of a misdemeanor, pursuant to RMC 1-3-1. SECTION III. The Type II Land Use Permit Procedures in subsection 4-8-080.G of the Renton Municipal Code are amended as shown below. All other provisions in 4-8-080.G remain in effect and unchanged. G. LAND USE PERMIT PROCEDURES: PUBLIC OPEN DECISION/ OPEN CLOSED JUDICIAL NOTICE OF RECOMMENDATION RECORD ADOPTION RECORD RECORD APPEAL LAND USE PERMITS APPLICATION HEARING? APPEAL HEARING TYPEI Building and Grading No No No Staff HE CC SC Permits' Business Licenses for No No No Staff HE CC SC Home Occupations (no customer visits/deliveries) Deferrals No No No Staff HE CC SC Final Plats No No No Staff CC SC Lot Line Adjustments No No No Staff HE CC SC 7 ORDINANCE NO. 5959 PUBLIC OPEN DECISION/ OPEN CLOSED JUDICIAL NOTICE OF RECOMMENDATION RECORD ADOPTION RECORD RECORD APPEAL LAND USE PERMITS APPLICATION HEARING APPEAL HEARING Minor Modification to No I No No Staff HE CC SC Previously Approved Site Plan (<10%) Modifications, No No No Staff HE CC SC Deviations, Alternates of Various Code Standards2 Public Art Exemption No No No Staff HE CC SC Certificate Routine Vegetation No No No Staff HE CC SC Management Permits SEPA exempt) Shoreline Exemptions No No No Staff HE CC SC Small Cell Permits No No No Staff HE CC SC Special Fence Permits No No No Staff HE CC SC Temporary Use Permit: No No No Staff HE CC SC Tier I Waivers2 No No No Staff HE CC SC Other SEPA Exempt No No No Staff HE CC SC Activities/Actions TYPE II Additional Animals Yes No No Staff HE CC SC Permit Administrative Yes No No Staff HE CC SC Variances Additional Vehicles Yes No No Staff HE CC SC Permit Business Licenses for Yes No No Staff HE CC SC Home Occupations with customer visits/deliveries) Conditional Approval Yes No No Staff HE CC SC Permit 8 ORDINANCE NO. 5959 PUBLIC OPEN DECISION/ OPEN CLOSED JUDICIAL NOTICE OF RECOMMENDATION RECORD ADOPTION RECORD RECORD APPEAL LAND USE PERMITS APPLICATION HEARING APPEAL HEARING nonconforming structures) Critical Area Permit Yes No No Staff HE CC SC Planned Urban Yes No No Staff HE CC SC Development, final Temporary Use Yes No No Staff HE CC SC Permits: Tier II Temporary Emergency Yes No No Staff HE CC SC Wetland Permit Variances, Yes No No Staff HE CC SC Administrative Binding Site Plans Yes No No Staff HE CC SC Conditional Use Permit Yes No No Staff HE CC SC administrative) Development Permit Yes No No Staff HE CC SC special flood hazard) Environmental Review9 Yes No No Staff HE CC SC Master Site Plan Yes No No Staff HE CC SC Approvals (individual phases) Site Plan Review Yes No No Staff HE CC SC administrative) Shoreline Permit Yes No No Staff DOE CC SC Short Plats Yes No No Staff HE CC SC TYPE III° Bulk Storage Special Yes Staff HE HE CC SC Permit Conditional Use Permit Yes Staff HE HE CC SC Hearing Examiner) Fill and Grade Permit, Yes Staff HE HE CC SC Special 9 ORDINANCE NO. 5959 PUBLIC OPEN DECISION/ OPEN CLOSED JUDICIAL NOTICE OF RECOMMENDATION RECORD ADOPTION RECORD RECORD APPEAL LAND USE PERMITS APPLICATION HEARING APPEAL HEARING Major Amendments to Yes Staff HE HE CC SC Plats Master Site Plan Yes Staff HE HE CC SC Approval (overall plan) Mobile Home Parks, Yes Staff HE HE CC SC Preliminary and Final Planned Urban Yes Staff HE HE CC SC Development, preliminary Preliminary Plats-10 Yes Staff HE HE CC SC Lots or More Shoreline Conditional Yes Staff HE DOE, HE SHB Use Permit6 Shoreline Variance6 Yes Staff HE DOE, HE SHB Site Plan Review Yes Staff HE HE CC Hearing Examiner) Special Permits Yes Staff HE HE CC Temporary Use Yes Staff HE HE CC SC Permits:Tier III Temporary Homeless Encampments Variances (associated Yes Staff HE HE CC with Hearing Examiner land use review) TYPE IV4 Rezones (site-specific, Yes Staff, HE HE CC SC not associated with a Comprehensive Plan amendment) TYPE V4 Street Vacations8 Yes Public Works Staff CC CC SC TYPE VI4 10 ORDINANCE NO. 5959 PUBLIC OPEN DECISION/ OPEN CLOSED JUDICIAL NOTICE OF RECOMMENDATION RECORD ADOPTION RECORD RECORD APPEAL LAND USE PERMITS APPLICATION HEARING APPEAL HEARING Development Yes Staff, PC PC CC GMHB Regulation Text Amendments8 Comprehensive Plan Yes Staff, PC PC CC GMHB Map or Text Amendments (may include associated rezones)8 LEGEND: Staff—Community and Economic Development Staff ERC— Environmental Review Committee PC—Planning Commission Admin. —Community and Economic Development Administrator HE— Hearing Examiner CC—City Council DOE—Washington State Department of Ecology SC—Superior Court SHB—Shoreline Hearings Board GMHB—Growth Management Hearings Board NA—Not Applicable FOOTNOTES: 1. SEPA exempt or for which the SEPA/land use permit process has been completed. 2. Administratively approved. 11 ORDINANCE NO. 5959 3. Deleted. 4. Environmental review may be associated with a land use permit. The Environmental Review Committee (ERC) is responsible for environmental determinations. 5. The Community and Economic Development Administrator shall hear variances where not associated with a development that requires review by the Hearing Examiner. 6. Shoreline conditional use permits and shoreline variances also require approval of the State Department of Ecology(DOE). DOE has up to thirty(30) days to make a decision on a permit. This time period does not count toward the one hundred twenty (120) day maximum time limit for permit decisions. DOE's decision is followed by a twenty one (21)day appeal period, during which time no building permit for the project may be issued. 7. An open record appeal of an environmental threshold determination must be held concurrent with an open record public hearing. 8. Street vacations, development regulation text amendments, and Comprehensive Plan map or text amendments are exempt from the one hundred twenty (120) day permit processing time limit. 9. Environmental review for a permitted/secondary/accessory use not requiring any other land use permit. SECTION IV. Chapter 4-9 of the Renton Municipal Code is amended to add a new section 4-9-105, Additional Vehicles Permit,to read as follows: 12 ORDINANCE NO. 5959 4-9-105 ADDITIONAL VEHICLES PERMIT: A. PURPOSE: To ensure the parking or storage of additional vehicles on residentially zoned property occurs in a manner that does not adversely affect public health, safety or welfare, and is appropriate based on available parking and vehicular access. B. APPLICABILITY: Additional Vehicles Permits are required if the number of vehicles or the allowed weight of a vehicle exceeds the standards of RMC 4-4-085, Parking of Vehicles on Residential Property. Additional Vehicles Permits are issued to properties and remain valid unless the permit is revoked. C. AUTHORITY AND RESPONSIBILITY: The Development Services Division, if satisfied that all requirements for an Additional Vehicles Permit application are met, may approve, deny, or conditionally approve the issuance of the Additional Vehicles Permit. Staff may inspect the property prior to approval to determine if the information in the application is correct and the property can accommodate the additional vehicle(s) based on Renton Municipal Code standards and regulations. D. 'MAXIMUM NUMBER OF VEHICLES PERMITTED WITH AN ADDITIONAL VEHICLES PERMIT: The number of vehicles allowed with the Additional Vehicles Permit is at the discretion of the Development Services Division in consideration of any effects on 13 ORDINANCE NO. 5959 adjoining properties, and whether or not adequate parking and vehicular access is available to accommodate the additional vehicles. E. NOTIFICATION: 1. Notification: Public notice shall be accomplished consistent with RMC 4-8-090, Public Notice Requirements. 2. Comment Period and Decision: The notice of application comment period shall expire prior to the issuance of a decision by the Development Services Division, which may approve, conditionally approve or deny the proposed application. F. CONDITIONS: The Development Services Division, in reviewing an Additional Vehicles Permit application, may require screening of the additional vehicle(s) from adjoining properties or the public right-of-way as deemed necessary to ensure compatibility or mitigation of their effects. Other conditions may be applied based upon the determination of the Development Services Division that conditions are warranted to meet the purpose and intent of applicable regulations and decision criteria. G. REVOCATION OF PERMIT: An Additional Vehicles Permit may be revoked if the.vehicles parked or stored on the property are found to be in violation of other provisions of Renton Municipal Code (e.g., the vehicles are found to be inoperable), or if unlawful activities related to vehicles have occurred (e.g., vehicle sales or vehicle repair). 14 ORDINANCE NO. 5959 SECTION V. Subsection 4-9-240.D.1 of the Renton Municipal Code is amended as shown below. All other provisions in 4-9-240.D remain in effect and unchanged. D.TEMPORARY USE PERMITS ARE REQUIRED FOR OTHER TEMPORARY USES OR STRUCTURES: The following uses or structures are separated into Tier I, Tier II, and Tier III temporary use categories.Those in the Tier I category are processed as Type I land use applications,those in the Tier II category are processed as Type II applications, and those in the Tier III category are processed as Type III applications. Projects subject to SEPA are processed differently. 1. Tier I: Examples of temporary uses in this category include: a. Activities allowed by the base zone, b. Mobile food vendors located in the CN, COR, and UC zones, c. More than one mobile food vendor per lot in the IL, IM, IH, CV, CA, CD, and CO zones, d. Vehicle sales events held on property not currently used as an auto dealership and within the Automall Area and/or Employment Area, e. Christmas tree lots, f. Sales events not determined to be exempt pursuant to subsection C3 of this Section, g. Temporary manufactured homes for medical hardship, 15 ORDINANCE NO. 5959 h. Model homes (equaling the lesser of five (5) homes or twenty percent (20%) of the total lots, when located within the subdivision or residential development to which they pertain), and i. Proposed temporary uses not listed in this subsection that are found to meet the intent and purposes of this Section, as determined by the Administrator. I. Habitation of motorhomes, travel trailers, or campers for up to thirty 30) days and no more than four (4) times each calendar year, provided that the habitation of such vehicle may occur for no more than seven (7) days within a six 6) month period without a permit. 2. Tier II: Examples of temporary uses in this category include: a. Activities limited or prohibited by the base zone, b. Mobile food vendors located in the residential zoning designations or within fifty feet (50') of a lot zoned residential, c. Mobile food vendors operating between the hours of 12:00 a.m. midnight) and 5:00 a.m. on a daily basis per subsection K2 of this Section, d. Storage trailers, e. Circuses, carnivals, fairs, or similar transient amusement or recreational activities, and f. Proposed temporary uses not listed in this subsection that are found to meet the intent and purposes of this Section, as determined by the Administrator. 16 ORDINANCE NO. 5959 3. Tier III: Temporary homeless encampments is the use in this category, and shall have an application fee of one hundred dollars ($100.00). SECTION VI. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, 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 9th day of December, 2019. Jaso A. Seth, C' y Clerk APPROVED BY THE MAYOR this 9th day of December, 2019. 211/1./ Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney 177. SEAL Date of Publication: 12/13/2019 (Summary) 2 ORD:2086:11/13/19 i,°RAI EDISEQ;\.`` 17