HomeMy WebLinkAboutCity Council Regular Meeting - 07 Dec 2020 - Agenda - Pdf
CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, December 7, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely
through Zoom. Public testimony during public hearings and audience comments will be
accommodated through Zoom, but the public is requested to sign up for such testimony by
emailing cityclerk@rentonwa.gov or jmedzegian@rentonwa.gov.
For those wishing to attend by Zoom, please (1) click this link:
https://us02web.zoom.us/j/87006639675 (or copy the URL and paste into a web browser) or
(2) call-in to the Zoom meeting by dialing 253-215-8782 and entering 870 0663 9675, or (3)
email one of the above email addresses or call 425-430-6501 by 10 a.m. on the day of the
meeting to request an invite with a link to the meeting.
Those testifying or providing audience comment will be limited to 5 minutes each speaker
unless an exception is granted by the Council. Attendees will be muted and not audible to the
Council except during times they are designated to speak. Advance instructions for how to
address the Council will be provided to those who sign up in advance to speak and again
during the meeting.
The proceedings will also be available to view live on Renton’s Channel 21, and streaming live
at http://rentonwa.gov/streaming
1. CALL TO ORDER
2. ROLL CALL
3. PROCLAMATION
a) Mental Health Awareness Month - December 2020
4. PUBLIC HEARING
a) Emergency ORD – Interim Zoning Controls – Extend and Amend Economic Recovery
Revocable Permits and Signs
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENTS
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
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7. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of November 23, 2020.
Council Concur
b) AB - 2772 Administrative Services Department requests approval to write-off bad debt in
the total amount of $36,222.87 per Policy & Procedure 220-03.
Refer to Finance Committee
c) AB - 2771 Community & Economic Development Department recommends adoption of
an ordinance to amend and extend emergency Ordinance No. 5979 for six (6) additional
months to advance economic recovery for businesses in Renton by providing updates to
the no-fee Economic Recovery Revocable Right-of-Way Permit, waiving land use
requirements for temporary business expansions in adjacent vacant storefronts,
establishing short-term curbside pick-up stalls in the Center Downtown zone, and waiving
fees in the Downtown Parking Garage for up to ten (10) hours until Phase 4 of the Safe
Start Plan, or June 7, 2021, whichever occurs first.
Council Concur
d) AB - 2766 Community & Economic Development Department recommends further
consideration and first reading of an emergency ordinance adopting interim zoning
controls to amend Renton Municipal Code regarding "homeless services uses" (including
"COVID-19 deinstensification shelters") and related code amendments; and to schedule
second reading of the ordinance with any additional requested changes for December 14,
2020.
Council Concur
e) AB - 2770 Community Services Department recommends approval of the Agreement for
Design, Permitting and Construction Support for Cedar River Trail Relocation and Cedar
River Bank Stabilization Project, with GeoEngineers, Inc., in the amount of $375,638. This
project is eligible for reimbursement from FEMA, reducing the City's actual cost to
approximately $45,077.
Refer to Finance Committee
f) AB - 2773 Executive Department recommends approval of a Professional Services
contract with Outcomes by Levy, LLC, in the amount of $166,000 per year for lobbying
services for 2021 and 2022.
Refer to Finance Committee
g) AB - 2768 Public Works Administration recommends approval of Amendment No. 06-20
to LAG-93-004, lease with BHC, Inc., extending the lease to December 31, 2024 and
increasing annual lease revenue to $33,998.62 due to a CPI adjustment, for 48,777.51
square foot parcel at the Renton Municipal Airport.
Refer to Transportation (Aviation) Committee
h) AB - 2769 Public Works Utility Systems Division recommends approval of Amendment No.
2 to CAG-19-313, with Otak, Inc., in the amount of $558,917 for phase two design
services for the Monroe Ave NE Storm Improvement project.
Refer to Utilities Committee
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i) AB - 2759 Public Works Utility Systems Division recommends approval of Amendment No.
1 to CAG-19-139, with Osborn Consulting, Inc., in the amount of $128,582 for additional
design services for the SE 172nd St and 125th Ave SE Green Stormwater Infrastructure
project.
Refer to Utilities Committee
8. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: Vouchers, Renewal of City’s Liability Insurance, Arborist Prof. Svcs
Agreement
b) Transportation Committee: Bronson Way Street Vacation Compensation*
9. LEGISLATION
Ordinances for first reading:
a) Ordinance No. 5996: Emergency Ordinance Interim Zoning Controls - Homeless Shelters
(See Item 7.d)
b) Ordinance No. 5998: #D-176 Self-Service Storage in Commercial Zones (Docket 15,
Group B) (Approved via 10/12/2020 P&D Committee Report)
c) Ordinance No. 5999: #D-178 Standalone Solar Structures (Docket 15, Group B) (Approved
via 10/12/2020 P&D Committee Report)
d) Ordinance No. 6000: #D-179 CD Zone Changes (Docket 15, Group B) (Approved via
10/12/2020 P&D Committee Report)
e) Ordinance No. 6001: #D-180 Vesting Regulations (Docket 15, Group B) (Approved via
10/12/2020 P&D Committee Report)
f) Ordinance No. 6002: #D-181 Accessory Dwelling Unit (Docket 15, Group B) (Approved via
10/12/2020 P&D Committee Report)
g) Ordinance No. 6003: #D-182 SEPA Appeal Process (Docket 15, Group B) (Approved via
10/12/2020 P&D Committee Report)
h) Ordinance No. 6004: #D-183 Other Government Uses (Docket 15, Group B) (Approved via
10/12/2020 P&D Committee Report)
i) Ordinance No. 6005: 2020 Comprehensive Plan Amendments (Approved via 10/12/2020
P&D Committee Report)
j) Ordinance No. 6006: 19-M-01 900 Lind Ave Rezone (Approved via 10/12/2020 P&D
Committee Report)
k) Ordinance No. 6007: 19-M-02 Zoning and Land Use Reconciliation (Approved via
10/12/2020 P&D Committee Report)
l) Ordinance No. 6008: 19-M-03 Benson, Upland Group Rezone (Approved via 10/12/2020
P&D Committee Report)
m) Ordinance No. 6009: 1300 Bronson Way Street Vacation (VAC-20-001) )(See Item 8.b)
Ordinance for first and advancement to second and final reading:
n) Ordinance No. 5997: Emergency Ordinance Extending and Amending Interim Zoning
Controls Economic Recovery (See Item 4.a)
Ordinance for second and final reading:
o) Ordinance No. 5995: 2020 Year-end Budget Ordinance (First Reading 11/23/2020) LR - 000642
10. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
11. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
5:00 p.m. - 7th Floor -MEETING REMOTELY
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
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November 23, 2020 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES ‐ City Council Regular Meeting
7:00 PM ‐ Monday, November 23, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM.
ROLL CALL
Councilmembers Present:
Ruth Pérez, Council President
Randy Corman, Council Position No. 1
Angelina Benedetti, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ed Prince, Council Position No. 5
Kim‐Khánh Vǎn, Council Position No. 7
(All councilmembers attended remotely)
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Alex Tuttle, Assistant City Attorney
Jason Seth, City Clerk
Julia Medzegian, Council Liaison
Kristi Rowland, Organizational Development Manager
Preeti Shridhar, Deputy Public Affairs Administrator
Chip Vincent, Community & Economic Development Administrator
Martin Pastucha, Public Works Administrator
Ellen Bradley‐Mak, Human Resources and Risk Management Administrator
Kelly Beymer, Community Services Administrator
Cliff Long, Economic Development Director
Ron Straka, Utility Systems Director
Paul Hintz, Senior Planner
Angie Mathias, Long Range Planning Manager
Ian Gray, Urban Forestry and Natural Resources Manager
AGENDA ITEM #7. a)
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November 23, 2020 REGULAR COUNCIL MEETING MINUTES
Chief Ed VanValey, Police Department Administrator
Melissa Day, Administrative Assistant – Police Department
Commander Tracy Wilkinson, Police Department
(All City staff attended remotely except City Clerk Seth)
PUBLIC HEARING
a) Emergency ORD – Interim Zoning Controls ‐ Homeless Shelters: This being the date set, and
proper notices having been posted and published in accordance with local and State laws,
Mayor Pavone opened the public hearing to consider updating the Renton Municipal Code
(RMC) with an emergency ordinance regarding Interim Zoning Controls for homeless shelters.
Senior Planner Paul Hintz introduced himself to Council and noted his contact information for
the public. He reported that staff is recommending adoption of an emergency ordinance to:
1) Clarify Renton Municipal Code (RMC) land use definitions, and remove one land use;
2) Clarify and correct text related to Title IV’s unclassified use interpretation process, the
distinctions between “principal” and “accessory” uses, and staff titles;
3) Allow a single COVID‐19 De‐intensification Shelter for a limited term; and
4) Add the following land uses along with approval criteria/standards, and zoning
locational and scale limitations: “extended‐stay hotel” and “homeless services use.”
Mr. Hintz reviewed background information on this matter including the World Health
Organization’s announcement of the novel coronavirus (COVID‐19) global pandemic, King
County’s Local Health Officer authorizing King County to use only “legally available” resources
to “de‐intensify or reduce the density of existing homelessness shelters and encampments” in
response to the COVID‐19 pandemic, and that on or about April 9, 2020, in coordination with
King County and under King County’s lease with the Red Lion Hotel and Convention Center
(located at 1 S Grady Way), the Downtown Emergency Service Center (DESC) began using the
Red Lion Site as a COVID‐19 de‐intensification shelter for persons experiencing homelessness.
Mr. Hintz reported that city staff immediately made the following land use and zoning
determinations regarding the COVID‐19 shelter:
1) A “Hotel” is the only lawfully established land use on the Red Lion Site;
2) The COVID‐19 Shelter does not meet the RMC’s definition of a “Hotel”;
3) A “de‐intensification shelter” is not a recognized land use in RMC; and
4) A “diversion facility / diversion interim service facility” or “congregate residence” are
the only land use most similar to the COVID‐19 Shelter and neither of those land uses
are allowed within the Red Lion Site’s Commercial Arterial (CA) zone.
Continuing to review the matter’s background information, Mr. Hintz noted that attempts to
negotiate a Memorandum of Understanding (MOU) with King County for an agreed upon date
to terminate use of the Red Lion Site ended without commitment, subsequent to the MOU
negotiations dissolving, the City issued a two‐count Finding of Violation (FOV) for 1) land use
not allowed in zoning designation, and 2) operating without a City of Renton business license,
and King County and Red Lion Site owners both requested a hearing before the City’s Hearing
Examiner to challenge the FOV which was held on August 14, 2020, with DESC also
AGENDA ITEM #7. a)
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November 23, 2020 REGULAR COUNCIL MEETING MINUTES
participating in the hearing. (King County, DESC, and the Red Lion Site ownership are referred
to as the “shelter operators”).
Mr. Hintz also reported that a paraphrased argument from the shelter operators is that the
COVID‐19 Shelter is a hotel, and the City’s paraphrased argument is 1) the COVID‐19 Shelter
does not meet the definition of a “hotel” land use, 2) the COVID‐19 Shelter’s operations
appeared to most closely align with the RMC definitions for the “diversion facility / diversion
interim service facility” land use or the “congregate residence” land use, and 3) neither the
“diversion facility / diversion interim service facility” land use nor the “congregate residence”
land use is allowed within the CA zone (which is the Red Lion Site’s zoning designation).
Mr. Hintz also reported that the Hearing Examiner issued written decisions on the matter on
August 31, 2020 and October 2, 2020 and directed the shelter operators to either cease the
current use of the Red Lion Site within 60 days or to apply to the City for an “unclassified use”
interpretation. He noted that the Hearing Examiner opined that City staff will likely determine
that the outcome of the unclassified use interpretation may be to deem the COVID‐19 Shelter
a “Hotel” land use, a “Social Service Organizations” land use, or a combination of the two. Mr.
Hintz pointed out that the Hearing Examiner’s decision also noted in part that “The most
compelling reason to disagree with the City’s 30‐day interpretation (regarding Hotel uses) is
simply that the Renton City Council didn’t expressly adopt a 30‐day limit for hotel stays,” and
regarding the “social services organizations” land use, the Hearing Examiner’s decision states
in part “There is the argument to be made that added overnight shelter use (to a “social
services organizations” use which only expressly allows “day shelter” use) could reduce the
impacts of a day shelter and thereby make a conditional use permit unnecessary. If the
Council considered an overnight shelter a more benign use than a day shelter, it would have
expressly authorized it as a permitted use elsewhere in the use table.”
Concluding, Mr. Hintz reported the staff recommendations for Council action:
1) Clarify RMC land use definitions, and remove one land use:
a. Social Services Organization
i. Define as: “Public or nonprofit agencies that provide counseling,
therapy, job training, educational classes, food banks, clothing banks,
or other social or human services to persons needing such services
but do not provide crisis intervention, day or overnight shelter, or
case management.”
1. Hearing Examiner Conditional Use Permit (CUP) approval in R‐
14, Residential Multi‐Family (RMF), industrial zones,
Commercial Neighborhood (CN), Center Village (CV),
Commercial Arterial (CA), Commercial Downtown (CD),
Commercial Office (CO), and Commercial Office Residential
(COR) zones (no change recommended).
b. Hotel:
i. Define as: “A building or portion thereof wherein a majority of the
net floor area is dedicated for the rental of rooms for transient
occupancy for sleeping purposes in exchange for payment, and
typically based on a per night and per room basis for no more than 30
days. For the purposes of this definition, “transient” means less than
AGENDA ITEM #7. a)
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November 23, 2020 REGULAR COUNCIL MEETING MINUTES
one month, or less than 30 continuous days if the rental period does
not begin on the first day of the month. Hotel structures are at least
two stories in height, with lodging space above the first floor. Lodging
space may also be located on the first floor. Individual rooms are
accessed from a common hallway and include permanent provisions
for sanitation but do not include kitchen facilities. A commercial
kitchen and dining room catering to the hotel patrons may be
provided, event space, eating and drinking establishments, and
accessory shops and services typically located in or provided by hotels
and catering to the general public may be provided.”
1. Permitted outright in all industrial zones west of Rainier/167,
and all commercial zones except CN (no change
recommended).
c. Diversion Facility and Diversion Interim Service Facility
i. Define as: “A facility that provides inpatient healthcare for individuals
that are self‐admitted or ordered, diverted, or referred from jails,
hospitals, doctors or similar treatment facilities or professionals, or by
first responders in King County including law enforcement, first
responders, hospital emergency department social workers, and
similar professionals. Services may include an array of inpatient
healthcare treatment and support services including but not limited
to screening and assessment, psychological counseling, case
management, crisis management, detox services, substance use and
trauma‐related treatment services, behavioral/mental health care,
medical isolation, care, or treatment, counseling, respite services and
various levels of accommodations for sleeping purposes. Some
outpatient healthcare services may be provided.”
1. Hearing Examiner Conditional Use Permit (CUP) approval in
the Medium Industrial (IM) and Heavy Industrial (IH) zones
south of I‐405 (no change recommended).
2. Limited to 100 individuals.
3. Remove the “Diversion Interim Service Facility” land use.
2) Clarify and correct text related to Title IV’s unclassified use interpretation process, the
distinctions between “principal” and “accessory” uses, and staff titles.
a. Principal Uses: Permitted uses are distinct from other uses listed separately in
RMC 4‐2‐060, Zoning Use Table – Uses Allowed in Zoning Designations and/or
as defined.
b. Accessory Uses: Some accessory uses are specifically listed, whereas other
accessory uses are determined by the Administrator on a case‐by‐case basis.
c. Unclassified Uses: The Administrator, upon a proposed unclassified use, shall
indicate which zones, if any, do permit the use and may impose locational
restrictions and development standards.
d. Unclassified Use Criteria: The Administrator must find the use is in keeping
with the purpose and intent of the zone, the Renton Comprehensive Plan
policies and other adopted plans as may be applicable.
3) Allow a single COVID‐19 de‐intensification shelter for a limited term.
a. Define as: “Facility (whether situated inside or outside a building or a portion
of a building) used for the relocation of homeless shelters and encampments
AGENDA ITEM #7. a)
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November 23, 2020 REGULAR COUNCIL MEETING MINUTES
for the purposes of de‐intensifying or reducing density in response to the
novel coronavirus (COVID‐19) pandemic.
i. No more than one may operate within the CA zone.
ii. After June 1, 2021, no COVID‐19 de‐intensification shelter shall serve
more than 100 individuals at a time.
iii. No COVID‐19 de‐intensification shelter may operate within the CA
zone after the expiration of the interim zoning controls, unless City
Council extends the allowance for such facility.
4) Add the following land uses along with approval criteria/standards, and zoning
locational and scale limitations: “extended‐stay hotel” and “homeless services use”
a. Extended‐stay Hotel: Same definition as “hotel” except: Kitchen and
sanitation may be provided in individual rooms, unlike hotels where kitchen
facilities in individual rooms are prohibited. No limits on length of stay.
i. Permitted outright in all industrial zones and the CO zone west of
Rainier/167. Permitted outright in the COR zone.
b. Homeless Services Use (i.e. day shelters and overnight shelters)
i. Based on Bellevue’s Municipal Code for Homeless Services Use;
ii. Proposed for the Light Industrial (IL), IM, IH, CV, CO, and CA zones;
iii. Hearing Examiner Conditional Use Permit (CUP) approval, and limited
to 100 individuals for overnight shelters;
iv. Shelters with more than 50 beds must be separated from other
Homeless Services Uses by at least ½ mile;
v. Requires pre‐application submittal of all submittal material;
vi. Requires pre‐application community meeting; and
vii. Requires pre‐application site and building inspection.
1. Submittal Materials: Narrative, 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, City
Departments and local and state law enforcement).
2. Minimum General Requirements:
a. Adequate toilet, bathing, sleeping, laundry and
storage facilities;
b. Access to Wi‐Fi for occupants of the homeless
services use;
c. Recycling and solid waste collection facilities to meet
the demands;
d. Designated smoking areas located a minimum of 25
feet from perimeter of property lines;
e. Front desk staff provided during operating hours for
each homeless services use;
f. Designated and dignified privacy areas (e.g., lactation
rooms, medical/counseling rooms, etc.);
g. A permanent address and mailroom; and
h. A final safety and security plan
3. Minimum Day Shelter Requirements:
a. Access to electrical outlets to meet the demands
anticipated.
AGENDA ITEM #7. a)
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November 23, 2020 REGULAR COUNCIL MEETING MINUTES
4. Minimum Overnight Shelter Requirements:
a. Overnight sleeping accommodations (not to exceed
100 beds).
b. A dedicated electrical outlet for every occupant of a
permanent bed.
5. Design:
a. Crime Prevention Through Environmental Design
(CPTED). Examples include: Visibility of entrance and
exit points to and from any structure; open and well‐
lighted pedestrian connections; and video
surveillance of entrance and exit points.
6. Common Areas:
a. Common areas shall be provided to enhance resident
enjoyment through inclusion features such as
libraries, roof decks, patios, and gardens.
7. Mitigation Measures:
a. The City may impose conditions relating to the
development, design, use, or operation of a homeless
services use to mitigate environmental, public safety,
or other identifiable impacts.
8. Independent Technical Review:
a. The City may require the applicant to pay for
independent technical review by a consultant
retained by the City for review of materials submitted
by the applicant to demonstrate compliance with the
requirements.
Mayor Pavone invited public testimony:
Howard Schneiderman, attorney for King County, noted that he had submitted
written comments objecting to the adoption of the recommended ordinance.
Lisa Chait Rahman, attorney for DESC, noted that she had submitted written
comments objecting to the adoption of the recommended ordinance.
Allison Eisinger, Director of the Coalition on Homelessness, objected to the adoption
of the recommended ordinance.
Sumeer Singla, attorney for the owners of the Red Lion Hotel, objected to the
adoption of the recommended ordinance.
Daniel Malone, Executive Director of DESC, objected to the adoption of the
recommended ordinance, and emphasized that the City could have worked with the
service agencies to develop an ordinance that works for all parties involved.
Sara Cohn, from Washington Low‐Income Housing Alliance, objected to the adoption
of the recommended ordinance.
Sasha Pollock, Seattle, opposed the adoption of the recommended ordinance.
Alex Brennan, Executive Director of Futurewise, objected to the adoption of the
recommended ordinance.
Diane Dobson, CEO of the Renton Chamber of Commerce, explained that the City and
the Chamber had invited King County staff and officials to discuss options about the
AGENDA ITEM #7. a)
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November 23, 2020 REGULAR COUNCIL MEETING MINUTES
use of the Red Lion Hotel as a deintensification at community meetings but had been
dismissed. She thanked City staff and officials for working towards lessening the
impact of the shelter on the community.
Lindsey Grad, Legislative Director for SEIU, opposed the adoption of the
recommended ordinance.
Krysta Strasbaugh, Renton, objected to the adoption of the recommended ordinance.
City Clerk Seth noted for the record that correspondence regarding this issue had
been received from Sumeer Singla, Dr. Jeffrey Durchin, Lisa Chait Rahman, Shannon
Braddock, Lindsey Grad, Marty Kooistra and Patience Malaba, and had been
forwarded to the Council and Administration. He noted that the correspondence is
available to the public by request from the City Clerk Division.
There being no further public comments or discussion, it was
MOVED BY CORMAN, SECONDED BY PÉREZ, COUNCIL CLOSE THE ORAL
TESTIMONY PORTION AND KEEP THE PUBLIC HEARING OPEN TO ACCEPT WRITTEN
TESTIMONY, WHICH CAN BE DELIVERED TO CITYCLERK@RENTONWA.GOV, UNTIL
5:00 P.M. NOVEMBER 30, 2020 DECEMBER 1, 2020.**
Councilmember McIrvin remarked that additional time may be needed due to the
upcoming Thanksgiving Holiday.
MOVED BY CORMAN, SECONDED BY PÉREZ, COUNCIL AMEND THE MOTION TO
STRIKE NOVEMBER 30, 2020 AND INSERT DECEMBER 1, 2020. CARRIED.
**MAIN MOTION CARRIED AS AMENDED.
ADMINISTRATIVE REPORT
City Clerk Jason Seth reviewed a written administrative report summarizing the City’s recent
progress towards goals and work programs adopted as part of its business plan for 2020 and
beyond. Items noted were:
Start your holiday shopping season with Small Business Saturday on November 28.
Renton’s small businesses are offering incentives to shop locally. The Renton
Downtown Partnership is providing free goodie bags to shoppers who spend $10 or
more at downtown merchants. The bags will include coupons, promotions, and
surprise treats, and will be available throughout the shopping season while supplies
last. Renton residents can win a Winter Staycation that includes a one‐night stay for
two at a Renton hotel as well as dining and shopping credits. All you have to do is
patronize a store or restaurant in Renton that is new to you. Post photos on your
Facebook or Instagram account during November and December and tag them with
#RentonHolidays. Each post gets you one entry, so the more you post, the more
chances to win.
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AGENDA ITEM #7. a)
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November 23, 2020 REGULAR COUNCIL MEETING MINUTES
AUDIENCE COMMENTS
Diane Dobson, CEO of Renton Chamber of Commerce, thanked City officials and staff
for their hard work during the pandemic.
Paul Hagen, Renton, objected to the adoption of the ordinance amending City Code
regarding homeless shelters.
Joseph Todd, Renton, objected to the adoption of the ordinance amending City code
regarding homeless shelters.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing. Councilmember
Corman requested that Item 6.c be removed for separate consideration.
a) Approval of Council Meeting minutes of November 16, 2020. Council Concur.
b) AB ‐ 2765 City Clerk recommended acceptance of the appraisal of Street Vacation Petition
VAC‐20‐001, with CITC (Construction Industry Training Center) for a one‐foot wide strip of
right‐of‐way, located near 1300 Bronson Way N and situated east of Garden Ave N, west of
Meadow Ave N, north of Bronson Way N, and south of N 2nd St, and submitted the staff
recommendation to set the compensation at zero dollars ($0). Refer to Transportation
(Aviation) Committee.
d) AB ‐ 2767 Community Services Department requested authorization to utilize approximately
$76,535 of the $261,505 Best Start for Kids grant to increase a term‐limited position from
0.50 FTE (full‐time equivalent) position to 0.75 FTE beginning January 1, 2021, and extending
the term of the position through December 31, 2021. Council Concur.
e) AB ‐ 2764 Community Services Department recommended approval of an agreement with the
Davey Resource Group, Inc., in the amount of $134,400, for certified arborist services for
2021. Refer to Finance Committee.
f) AB ‐ 2748 Human Resources / Risk Management Department recommended approval of the
2021‐2022 liability insurance renewal, with Alliant Insurance Services, in the estimated
amount of $480,000. Refer to Finance Committee.
MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, MINUS ITEM 6.c. CARRIED.
SEPARATE CONSIDERATION ITEM 6.c
c) AB ‐ 2766 Community & Economic Development Department recommended approval of an
emergency ordinance adopting interim zoning controls to amend Renton Municipal Code to
add "homeless services use" and "extended‐stay hotel" as land uses along with associated
definitions, applicable standards, and identified zones in which the uses are permitted,
conditionally permitted or prohibited, as well as clarifying definitions of "diversion facility,"
"hotel," and "social service organization," while eliminating the definition of "diversion
interim service facility;" and additionally recommending allowing a single COVID‐19 de‐
intensification facility in the Commercial Arterial (CA) zone for a temporary period. Council
Concur.
MOVED BY CORMAN, SECONDED BY PRINCE, COUNCIL REFER ITEM 6.c TO THE
DECEMBER 7, 2020 COUNCIL MEETING. CARRIED.
AGENDA ITEM #7. a)
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November 23, 2020 REGULAR COUNCIL MEETING MINUTES
UNFINISHED BUSINESS
a) Committee of the Whole Council President Perez presented a report recommending
concurrence with the recommendation of the Administration to adopt the 2021 State Legislative,
Regional, and Federal Priorities as presented. The 2021 State Legislative Agenda and the 2021
State Support/Oppose Bills handout serves as a guidance for city staff as it works with the
legislature to achieve the city's goals. Additionally, the 2021 Regional and Federal Affairs Agenda
outlines the city's priorities and key issues related to the other government agencies and
jurisdictions that it coordinates with and that impact community. The Committee further
authorizes the Administration to work with state, local and federal agencies and the Legislature
to advances these Priorities and that the resolution regarding this matter be presented when it is
ready.
MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
approve the following payments:
1. Accounts Payable – total payment of $6,484,248.35 for vouchers, 10203‐10216,
388281‐388282, 388285‐388534; payroll benefit withholding vouchers 6418‐6437,
388564‐388572 and two wire transfers.
2. Payroll – total payment of $1,505,924.28 for payroll vouchers that include 566 direct
deposits. (10/16/20‐10/31/20 pay period).
3. Kidder Mathews vouchers 6223 ‐ 6240 totaling $64,404.60.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
c) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
approve an amendment in the 2020 year end budget in the amount of $12,166,453 for an
amended total of $845,857,129.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
d) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
authorize the Mayor and City Clerk to execute the Local Agency Agreement Supplement No. 3 to
CAG‐14‐066 with the Washington State Department of Transportation for the obligation of grant
funding and all subsequent agreements necessary to accomplish the Lake Washington Loop Trail
Phase 3 Project.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
e) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
approve the purchase of the Pure Network Storage System, including 24 months of support
subscription, installation, delivery and taxes from Ivoxy Consulting Inc. and per State of
Washington Participating State Contract in the amount of $247,977.61.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
AGENDA ITEM #7. a)
LR - 000652
November 23, 2020 REGULAR COUNCIL MEETING MINUTES
LEGISLATION
Ordinance for first reading:
a) Ordinance No. 5995: An ordinance was read amending the City of Renton fiscal years
2019/2020 Biennial Budget as adopted by Ordinance No. 5898, in the amount of $12,166,453,
adopting an amended 2020 City of Renton Salary Table, and establishing an effective date.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL REFER THE ORDINANCE FOR
SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. TIME:
8:26 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
23 Nov 2020
AGENDA ITEM #7. a)
LR - 000653
Council Committee Meeting Calendar
November 23, 2020
November 30, 2020 No Meetings – FIFTH MONDAY
December 7, 2020 Monday
2:00 PM Committee on Committees, Chair Corman - VIDEOCONFERENCE
1. 2021 Council Committee Assignments
3:00 PM Finance Committee, Chair Prince - VIDEOCONFERENCE
1. Renewal of City’s Liability Insurance
2. Arborist Professional Services Agreement
3. Emerging Issues in Finance
3:30 PM Planning and Development Committee, Chair Corman - VIDEOCONFERENCE
1. City of Renton and King County Growth Targets
2. Emerging Issues in CED
4:30 PM Transportation Committee, Chair McIrvin - VIDEOCONFERENCE
1. Set Compensation for Bronson Way Street Vacation
5:00 PM Committee of the Whole, Chair Pérez - VIDEOCONFERENCE
1. Renton School District Meet and Greet
7:00 PM City Council Meeting, Chair Pérez – VIDEOCONFERENCE
AGENDA ITEM #7. a)
LR - 000654
AB - 2766
City Council Regular Meeting - 07 Dec 2020
SUBJECT/TITLE: Adopt the Following Interim Zoning Controls: Clarifying Hotel, Social
Service Organizations, and Diversion Facility Land Use Definitions;
Defining and Establishing Regulations for Homeless Service Land
Uses; and Amending the Commercial Arterial (CA) Zoning District to
Allow One COVID-19 Deintensification Shelter to Temporarily Operate
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: C. E. "Chip" Vincent, CED Administrator
EXT.: 6588
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The Department of Community and Economic Development requests adoption of an emergency interim zoning control
ordinance. Within that ordinance, staff recommend amending Renton Municipal Code Title IV by adding “homeless
services use” and “extended-stay hotel,” as land uses, along with associated definitions, applicable standards, and
identified zones in which the uses are permitted, conditionally permitted, or prohibited, in addition to any other
locational restrictions as may be stated. Furthermore, staff recommend clarifying the definitions of “diversion facility,”
“hotel” and “social service organization” while also eliminating the definition of “diversion interim service facility.”
Additionally, staff recommend allowing a single COVID-19 de-intensification facility in the Commercial Arterial (CA) zone
for a temporary period. Finally, staff recommend that the Council direct staff to further investigate these matters and to
prepare and present recommended permanent legislation.
EXHIBITS:
A. Memo to Council
B. Draft Ordinance
STAFF RECOMMENDATION:
Approve the emergency ordinance adopting interim zoning controls and direct staff to further investigate the matters
and prepare and present recommended permanent legislation.
AGENDA ITEM #7. d)
LR - 000655
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT AND
DEPARTMENT OF COMMUNITY SERVICES
M E M O R A N D U M
DATE: December 3, 2020
TO: Ruth Pérez, Council President
Members of Renton City Council
VIA: Armondo Pavone, Mayor
FROM: C.E. “Chip” Vincent, CED Administrator, ext. 6588
Kelly Beymer, Community Services Administrator, ext. 6617
SUBJECT: Draft Ordinance: Interim Zoning Control – Homeless Shelters
INTRODUCTION:
During its November 23, 2020 regular meeting, the City Council held a public hearing on
the following matter: “Emergency Ordinance – Interim Zoning Controls – Homeless
Shelters.” The then‐current draft of the proposed ordinance was included in the
Council’s November 23, 2020 agenda materials and made available to the public.
Prior to, during, and following the public hearing, the Council and City staff have
received valuable input from the public regarding the proposed ordinance. City staff
have reviewed the public’s input and prepared an updated draft of the proposed
ordinance. The updated draft is included in the Council’s December 7, 2020 agenda
materials.
Meanwhile, some of the public comment and media coverage regarding the proposed
ordinance contain misunderstandings about the purpose and effect of the ordinance.
Accordingly, this memorandum describes and clarifies the December 7 draft of the
proposed ordinance.
Discussion follows on the next page.
AGENDA ITEM #7. d)
LR - 000656
Ruth Pérez, Council President
Page 2 of 6
December 3, 2020
DISCUSSION:
A. The Ordinance’s Relationship to King County’s and DESC’s Operations at the
Renton Red Lion Property.
1. Adopting the ordinance as an “emergency” allows immediate legal relief to the
DESC operations at the Renton Red Lion property, which is currently operating
illegally at the site. It also responds to the urgent needs associated more
generally with homelessness by allowing new homeless shelters to be situated
in the City under a permitting process.
Currently, the Renton Municipal Code does not allow a COVID‐19 deintensification
shelter to lawfully operate in the Red Lion property’s zoning district (Commercial
Arterial (CA)). King County’s unilateral relocation of the DESC shelter to a Commercial
Arterial‐zoned property without any coordination with the City and unwillingness to
comply with code enforcement efforts by the City highlight the need for direct
legislation. Without this legislation, the City Administration will be required to continue
to enforce the current code through expensive and time‐consuming litigation.
Adopting this ordinance as an “emergency” allows the Council to take immediate
ameliorative action to convert DESC’s operations at the Renton Red Lion property from
illegal to lawful under the City’s zoning code. Such immediate action cannot occur
under the ordinary timeframes associated with adopting development regulations.
More broadly, the City’s zoning code did not anticipate the primary use of a property
being an overnight homeless shelter. This emergency ordinance defines for the first
time what an overnight shelter is and how such a use will be regulated throughout the
City.
Although City staff is not aware of any planned new long‐term overnight shelters in the
City, without this emergency interim legislation, the City Administration will be required
to deny new shelters from being established and/or take code enforcement action
against those that may be established in defiance of the City’s code or on the basis of
erroneous interpretations of the existing code.
The City recognizes that homelessness is a regional problem that requires urgent
attention, but shelters such as the one at the Red Lion hotel has the imminent potential
to lead to health and safety risks in the community and create uncertainty for residents
of illegally operated shelters. By adopting interim regulations (as opposed to a
moratorium) while further legislation is being developed, an anticipated new shelter
operator could begin a permitting process without waiting for the normal time
consuming process to elapse for permanent zoning changes.
AGENDA ITEM #7. d)
LR - 000657
Ruth Pérez, Council President
Page 3 of 6
December 3, 2020
2. The ordinance does not require DESC residents to be evicted. The ordinance
provides King County and DESC significantly additional time to relocate the
shelter to a lawful location.
If King County and DESC take action to relocate the Renton Red Lion shelter (whether
within the City of Renton or elsewhere), none of the DESC residences will be forced to
be evicted.
The Renton Red Lion shelter is operating in violation of City zoning laws with no
certainty as to whether and when it will be required to cease operations. For this
reason, since April 2020, City leadership has unwaveringly urged King County and DESC
to make and implement a plan to relocate the shelter to a lawful location.
This ordinance represents the City offering a partnership with King County and DESC.
Under the ordinance, the City would allow the Renton Red Lion shelter to continue to
operate as it is currently being used until June 2021. Beginning in June 2021, King
County and DESC would operate the Renton Red Lion shelter at a scaled‐down level
(approximately 50%) and then complete relocation by January 1, 2022.
Here are the details, as found in the December 7 draft of the proposed ordinance:
Deadline to scale down (June 1, 2021):
o The ordinance allows every one of the Renton Red Lion shelter’s
residents to remain legally in the shelter until June 1, 2021.
o After June 1, 2021, the Renton Red Lion shelter’s operations must host no
more than 125 residents. The remaining portion of the Renton Red Lion
hotel building could then return to a hotel use.
Deadline to complete relocation (January 1, 2022):
o In addition to scaling down to no more than 125 residents by June 1,
2021, by January 1, 2022, the Renton Red Lion shelter must complete its
relocation to a lawful location.
o This additional year of operation through 2021 is nearly twelve times
more lead time than King County had in March of 2020 to relocate the
current residents from a Seattle shelter to the Renton Red Lion property.
AGENDA ITEM #7. d)
LR - 000658
Ruth Pérez, Council President
Page 4 of 6
December 3, 2020
3. The ordinance does not prohibit the Renton Red Lion hotel (or any other hotel)
from renting individual rooms for more than 30 days or accepting vouchers for
homeless residents to stay at the hotel.
The ordinance does not prevent the Renton Red Lion hotel (or any other hotel) from
renting individual rooms for more than 30 days, or from renting individual rooms to
homeless individuals, or even from renting a portion of its rooms to government
agencies supporting homeless individuals. Such a situation is distinguishable from what
has occurred at the Renton Red Lion property: converting an entire hotel building into a
homeless services use that has continuously endured for eight months and counting.
B. The Ordinance’s Relationship to Homeless Services throughout Renton.
1. The ordinance does not prohibit new homeless shelters; it explicitly allows
them subject to permit.
A purpose of this ordinance is to explicitly allow new homeless shelters to operate with
reasonable regulations that are designed to protect residents of those shelters and their
neighboring communities. The regulations are mostly borrowed from the City of
Bellevue’s homeless services regulations, but have been refined in the December 7 draft
of the proposed legislation to more rigorously incorporate equity lens perspectives, and
will be further reviewed by staff with input from the community for improvements to be
incorporated into permanent legislation.
2. The ordinance does not prevent coordination with homeless service providers,
and it does not make unlawful any existing, lawful operation.
The ordinance is interim temporary zoning that would create a temporary set of rules,
based on those adopted by the City of Bellevue (much of which the City of Puyallup has
also adopted), that will be in place for no longer than six (6) months if the Council takes
no subsequent formal action. During that time, the City can work with the community –
including coordinating with homeless service providers – and with the City’s Planning
Commission to develop further legislation.
Meanwhile, the ordinance does not render as illegal any existing, lawful operation (such
as the Cold Weather Shelter). No existing, lawful operation will be shut down as a result
of the ordinance.
AGENDA ITEM #7. d)
LR - 000659
Ruth Pérez, Council President
Page 5 of 6
December 3, 2020
3. City staff recommends limiting the capacity of overnight shelters to 100 to
mitigate impacts on the surrounding community.
The capacity restriction of 100 residents is also contained in the City of Bellevue’s
homeless services regulations. The need for this type of limitation is evidenced by the
impacts DESC’s Renton Red Lion shelter have created both within the shelter and in the
areas surrounding the shelter, as well as the amount of resources Renton’s emergency
service providers have had to dedicate to a single property.
The Renton Red Lion shelter operators insist that deintensifying the density in which its
high‐need, low‐barrier residents live reduces interpersonal conflicts and calls to 9‐1‐1.
Although these conflicts may have reduced as compared to a congregate shelter
environment, the increase in crime and demands upon Renton’s emergency responders
indicate a need for further deintensification to limit impacts at a single location and
further limit interpersonal conflicts between residents.
The Renton Red Lion shelter operators argue that they cannot control behaviors of their
residents in and around the shelter. The limitation of number of residents, therefore, is
not likely to eliminate the impacts to the surrounding neighborhood, but it is expected
to proportionately reduce those impacts.
C. This Ordinance Is Interim Legislation; Further Legislation Is Anticipated.
The proposed ordinance before the Council is interim legislation. The ordinance itself
expressly states that City staff will further study the subject matter of the ordinance for
further legislation by Council. Such further legislation is anticipated within the first half
of 2021.
During development of the further legislation, City staff will seek additional public input
and feedback, including from the community of homeless service providers. Our
commitment to investigating whether there is room to improve upon the interim
regulations in the anticipated future legislation includes, but is not limited to:
Further applying the City of Renton’s equity lens to the legislation;
Continuing review under potentially applicable laws and regulations, such as the
Federal Fair Housing Act, the Americans with Disabilities Act, and equal
protection rights;
Investigating the balance between homeless services use regulations that are
workable for providers but that appropriately mitigate compatibility issues
between shelters and surrounding land uses;
Refining the definitions of and regulations for similar land uses: Homeless
Services Uses, Social Service Organizations, and Diversion Facilities; and
Investigating whether low barrier shelters, such as those that welcome active
users of illegal drugs, and shelters that enforce expectations for their guests to
AGENDA ITEM #7. d)
LR - 000660
Ruth Pérez, Council President
Page 6 of 6
December 3, 2020
observe community norms and laws should be regulated differently than each
other.
Please do not hesitate to contact us at any time regarding this matter.
cc: Ed VanValey, Chief Administrative Officer
Shane Moloney, City Attorney
Vanessa Dolbee, Planning Director
AGENDA ITEM #7. d)
LR - 000661
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE
FOLLOWING INTERIM ZONING CONTROLS IN RESPONSE TO THE RENTON RED
LION COVID‐19 DEINTENSIFICATION SHELTER OPERATING IN THE CITY OF
RENTON SINCE APRIL 2020: (1) CLARIFYING AND MODIFYING PRINCIPAL,
ACCESSORY, AND UNCLASSIFIED USE REGULATIONS BY AMENDING
SUBSECTIONS 4‐2‐050.A, 4‐2‐050.C.4, 4‐2‐050.C.5, AND 4‐2‐050.C.6 OF THE
RENTON MUNICIPAL CODE; (2) CLARIFYING AND MODIFYING CERTAIN LAND USE
DEFINITIONS IN THE RENTON MUNICIPAL CODE BY AMENDING SUBSECTION 4‐
2‐060.K OF THE RENTON MUNICIPAL CODE, AMENDING THE DEFINITION OF
“DIVERSION FACILITY” AND REMOVING THE DEFINITION OF “DIVERSION
INTERIM SERVICE FACILITY” IN SECTION 4‐11‐040 OF THE RENTON MUNICIPAL
CODE, AMENDING THE DEFINITION OF “HOTEL” AND ADDING A DEFINITION OF
“HOTEL, EXTENDED‐STAY” IN SECTION 4‐11‐080 OF THE RENTON MUNICIPAL
CODE, AND AMENDING THE DEFINITION OF “SOCIAL SERVICE ORGANIZATIONS”
IN SECTION 4‐11‐190 OF THE RENTON MUNICIPAL CODE; (3) ALLOWING FOR ONE
COVID‐19 DEINTENSIFICATION SHELTER TO TEMPORARILY OPERATE IN THE
COMMERCIAL ARTERIAL (CA) ZONING DISTRICT BY ADDING A DEFINITION OF
“COVID‐19 DEINTENSIFICATION SHELTER” IN SECTION 4‐11‐030 OF THE RENTON
MUNICIPAL CODE AND AMENDING SUBSECTIONS 4‐2‐060.G, 4‐2‐080.A.71, AND
4‐2‐080.A.101 OF THE RENTON MUNICIPAL CODE; AND (4) ALLOWING FOR AND
REGULATING LAND USES SERVING THOSE EXPERIENCING HOMELESSNESS BY
ADDING A NEW SECTION 4‐4‐045, HOMELESS SERVICES USE, TO THE RENTON
MUNICIPAL CODE AND ADDING A DEFINITION OF “HOMELESS SERVICES USE” TO
SECTION 4‐11‐080 OF THE RENTON MUNICIPAL CODE; MAKING A LEGISLATIVE
DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM FULL COMPLIANCE
WITH THE STATE ENVIRONMENTAL POLICY ACT (CHAPTER 43.21.C RCW);
PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND
ESTABLISHING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, in early 2020, the World Health Organization announced that the novel
coronavirus (COVID‐19) was a global pandemic, the United States Department of Health and
Human Services Secretary Alex Azar declared a public health emergency because of the COVID‐
19 pandemic, and Washington Governor Inslee declared a State of Emergency due to COVID‐19;
and
AGENDA ITEM #7. d)
LR - 000662
ORDINANCE NO. ________
2
WHEREAS, on March 6, 2020, the Mayor proclaimed a local emergency due to COVID‐19;
and
WHEREAS, on March 31, 2020, King County’s Local Health Officer, Dr. Jeff Duchin, issued
a Local Health Officer Order (which Dr. Duchin amended on May 20, 2020) (collectively, the
“County Health Order”) authorizing King County to use only “legally available” resources to “de‐
intensify or reduce the density of existing homelessness shelters and encampments” in response
to the COVID‐19 pandemic, and further emphasized that the County Health Order did not
“authorize illegal means or behavior;” and
WHEREAS, on April 2, 2020, King County leased the Red Lion Hotel & Conference Center
located at 1 South Grady Way, Renton (the “Red Lion Site”), from the property owner Renton
Hotel Investors, LLC (“RHI”); and
WHEREAS, the Red Lion Site is located within the City’s Commercial Arterial (CA) zoning
designation, and is subject to City of Renton Municipal Code, including City zoning, land use, and
business use and licensing regulations; and
WHEREAS, on or about April 9, 2020, in coordination with King County and under King
County’s lease with RHI, the Downtown Emergency Service Center (“DESC”) began using the Red
Lion Site as a COVID‐19 deintensification shelter for persons experiencing homelessness (the
“COVID‐19 Shelter”). DESC began using the COVID‐19 Shelter to temporarily house individuals
previously housed at its downtown Seattle Main Shelter, located at The Morrison Hotel. DESC
and King County decided to house these individuals in private rooms, rather than congregate
housing, where COVID‐19 could spread more rapidly. DESC did so without coordinating with City
officials or City staff, and without obtaining City permits or obtaining a City business license; and
AGENDA ITEM #7. d)
LR - 000663
ORDINANCE NO. ________
3
WHEREAS, as described by DESC, the COVID‐19 Shelter operates as a 24‐hour shelter for
DESC’s clients experiencing homelessness, with a wide range of services including the provision
of meals, case management, and crisis intervention; and
WHEREAS, King County has represented that the maximum number of residents of the
COVID‐19 Shelter has been 235 individuals; and
WHEREAS, DESC has been continuously operating the COVID‐19 Shelter since on or about
April 9, 2020, in concert with King County, in contravention of City zoning and without City land
use or building permits or a City business license; and
WHEREAS, since the COVID‐19 Shelter began operating at the Red Lion Site, first
responders from the Renton Police Department and the Renton Regional Fire Authority have
experienced a marked increase in the numbers of calls for service to the Red Lion Site and its
vicinity, causing adverse impacts in the City of Renton; and
WHEREAS, City staff immediately made the following land use and zoning determinations
regarding DESC’s use of the Red Lion Site to deintensify congregate homeless shelters: (1) the
only land use lawfully established on the Red Lion Site is a “Hotel” land use; (2) the COVID‐19
Shelter does not meet the Renton Municipal Code’s (RMC’s) definition of a “Hotel” land use (RMC
4‐11‐080); (3) a “deintensification shelter” is not among the list of land use types that is
recognized in the Renton Municipal Code (RMC 4‐2‐060 (Zoning Use Table)); and (4) the
potentially comparable land uses that are recognized in the Renton Municipal Code are
“diversion facility / diversion interim service facility” or “congregate residence,” and that neither
of those land uses is allowed within the Red Lion Site’s Commercial Arterial (“CA”) zoning
designation. These determinations caused City staff to determine that the continued use of the
AGENDA ITEM #7. d)
LR - 000664
ORDINANCE NO. ________
4
Red Lion Site to house a homeless shelter operation is not an allowed land use on the Red Lion
Site; and
WHEREAS, City staff also immediately determined that the COVID‐19 Shelter had opened
without King County, DESC, or RHI having first applied for a City business license for the COVID‐
19 Shelter operations, in violation of RMC 5‐5‐3; and
WHEREAS, despite City staff’s determinations that the COVID‐19 Shelter is not an allowed
land use on the Red Lion Site and was operating without a required City business license, the City
was willing to temporarily forbear on taking code enforcement action against the COVID‐19
Shelter if King County would enter into a Memorandum of Understanding (“MOU”) with the City
regarding the operations of the COVID‐19 Shelter and the duration of the COVID‐19 Shelter’s
operations at the Red Lion Site. Accordingly, the City provided a draft MOU to King County in
April 2020, and proceeded to negotiate in good faith with King County regarding an MOU, but
King County would not agree to any MOU that committed King County or DESC to a timeframe
for relocating the COVID‐19 Shelter’s operations from the Red Lion Site to another location within
or beyond City of Renton limits that would allow for such a use under the Renton Municipal Code;
and
WHEREAS, on June 30, 2020, when the MOU negotiations had dissolved with no
commitment on the part of King County or DESC to relocating the COVID‐19 Shelter to a location
allowed by the Renton Municipal Code, the City had run out of alternatives to engaging in code
enforcement proceedings regarding the COVID‐19 Shelter. Thus, on that date, the City issued a
two‐count Finding of Violation to King County, DESC, and RHI under code enforcement case
number CODE20‐000321 finding that (1) the COVID‐19 Shelter is a “land use not allowed in zoning
AGENDA ITEM #7. d)
LR - 000665
ORDINANCE NO. ________
5
designation” (Violation 1), and (2) the COVID‐19 Shelter was “operating without a City of Renton
business license” (Violation 2). Hereinafter, the Finding of Violation is the “FOV;” and
WHEREAS, King County and RHI both timely requested a hearing to challenge the FOV,
and the requested hearing regarding the FOV was held before the City’s Hearing Examiner on
August 14, 2020, with DESC also participating in the hearing; and
WHEREAS, in front of the Hearing Examiner, King County, RHI, and DESC took the position
that the temporary use of the Red Lion Site for shelter deintensification meets the RMC definition
of a “Hotel” land use. They also took the position that even if the shelter deintensification use of
the Red Lion Site did not meet the definition of a “Hotel” land use, the Local Health Officer’s
authority under Washington law to protect the public from contagious diseases takes legal
precedence over and preempts Renton’s zoning and permitting laws; and
WHEREAS, for its part, in front of the Hearing Examiner, the City took the positions that
(1) the deintensification use of the Red Lion Site does not meet the RMC definition of a “Hotel”
land use, (2) the use appeared to most closely align with the RMC definitions for the “diversion
facility / diversion interim service facility” land use or the “congregate residence” land use, (3)
neither the “diversion facility / diversion interim service facility” land use nor the “congregate
residence” land use is allowed within the CA zoning designation (which is the Red Lion Site’s
zoning designation), and (4) the pandemic and County Health Order did not preempt the City’s
zoning and land use laws; indeed, the County Health Order expressly restricted King County to
using “legally available” resources and forbade using “illegal means or behavior,” which would
include the City of Renton’s legally adopted and enforced zoning, land use, and business licensing
laws; and
AGENDA ITEM #7. d)
LR - 000666
ORDINANCE NO. ________
6
WHEREAS, by written decisions dated August 31, 2020 and October 2, 2020, the Hearing
Examiner ruled on the FOV (collectively, the “Hearing Examiner’s FOV Decision”); and
WHEREAS, the Hearing Examiner’s FOV Decision directed King County and DESC to choose
either to vacate the Red Lion Site within 60 days or to apply to the City for an “unclassified use”
interpretation in which the Department of Community & Economic Development (“CED”) would
determine if the COVID‐19 Shelter is allowed utilizing the criteria in RMC 4‐2‐050.C.6.a; and
WHEREAS, although the October 2, 2020 portion of the Hearing Examiner’s FOV Decision
confirms that the “unclassified use analysis . . . decision is left to City staff as governed by City
code,” the Hearing Examiner’s FOV Decision nevertheless projects that the outcome of CED’s
unclassified use interpretation will be to deem the COVID‐19 Shelter a “Hotel” land use, a “Social
Service Organizations” land use, or a combination of the two; and
WHEREAS, the Hearing Examiner’s FOV Decision’s projections that an unclassified use
interpretation would result in a “Hotel” and/or “Social Service Organizations” land use
determination were based, in part, on the following assumptions regarding the intent of the City
Council:
Regarding the “Hotel” land use, the Hearing Examiner’s FOV Decision states:
“The City has taken the strong position that the requirement in the hotel definition
that guest stays be “transient” means that stays must be 30 days or less. Although
the vast majority of hotel use may very well be 30 days or less, there is no basis to
conclude that hotels stays will not sometimes be longer due to exceptional
circumstances such as natural disasters and pandemics. The most compelling
reason to disagree with the City’s 30‐day interpretation is simply that the Renton
City Council didn’t expressly adopt a 30‐day limit for hotel stays. If the Council
wanted a hard and fast rule on the length of time that someone could stay in a
hotel room, it would have been exceptionally easy and clear to throw that into the
definition of hotel or transient.”
AGENDA ITEM #7. d)
LR - 000667
ORDINANCE NO. ________
7
Cite: Hearing Examiner’s August 31, 2020 decision, page 11, lines 22‐29 (emphasis
added).
Regarding the “Social Services Organizations” land use, the Hearing Examiner’s
FOV Decision states:
“There is the argument to be made that added night shelter use [to a “Social Services
Organizations” use which only expressly allows “day shelter” use] could reduce the
impacts of a day shelter and thereby make a conditional use permit unnecessary. A
day shelter causes displacement of a homeless population every evening it shuts
down whereas a 24‐hour shelter does not. However, it is too implausible to conclude
that’s why the social services organization expressly authorizes just day shelters and
doesn’t mention night shelters. If the Council considered a night shelter a more
benign use than a day shelter, it would have expressly authorized it as a permitted
use elsewhere in the use table.”
Cite: Hearing Examiner’s August 31, 2020 decision, page 11, lines 11‐18 (emphasis
added); and
WHEREAS, the Hearing Examiner’s FOV Decision’s projections that an unclassified use
interpretation would result in a “Hotel” and/or “Social Service Organizations” land use caused, in
part, the Hearing Examiner to conclude that the COVID‐19 Shelter was not most similar to a
“Diversion Facility / Diversion Interim Service Facility” land use; and
WHEREAS, on or about October 15, 2020, King County, DESC, and RHI jointly applied for
an unclassified use interpretation for the COVID‐19 Shelter, as provided for in the Hearing
Examiner’s FOV Decision (the “Unclassified Use Request”); and
WHEREAS, an unclassified use interpretation application is not a permit application type
that vests upon submittal of a complete application (See RMC 4‐1‐045 “Vesting”); and
WHEREAS, on or about October 23, 2020, King County, DESC, and RHI jointly commenced
a lawsuit in King County Superior Court, under Cause No. 20‐2‐15681‐7 KNT, challenging the
Hearing Examiner’s FOV Decision (hereinafter, the “Renton Shelter Lawsuit”); and
AGENDA ITEM #7. d)
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WHEREAS, pursuant to a stipulation of all parties to the Renton Shelter Lawsuit, the
Renton Shelter Lawsuit’s case schedule was extended by 90 days with the first deadline in the
action now postponed until January 28, 2021; and
WHEREAS, impacts from the COVID‐19 Shelter at the Red Lion Site have created concerns
and identified impacts from neighboring property owners, business owners, residents, tenants,
and visitors regarding the compatibility between the COVID‐19 Shelter and land uses within its
vicinity; and
WHEREAS, this incompatibility became immediately apparent upon the COVID‐19
Shelter’s opening when its operators enclosed the building in security fencing as a measure it
asserted was necessary due to the behavior of its residents and covered the Red Lion hotel’s
signs, making a hotel building located at a primary entrance to the City’s core to appear to be a
vacant and/or cordoned off building; and
WHEREAS, activities of COVID‐19 Shelter residents and the operation and oversight of the
COVID‐19 Shelter have created and continue to create significant public safety and welfare
concerns for the occupants of the COVID‐19 Shelter and surrounding residents, businesses, and
visitors. These public safety and welfare concerns include, but are not limited to dramatically
increased criminal activity, violations of building and fire codes, dramatically increased 9‐1‐1 calls
for emergency services, and threats to the safety of first responders who respond to 9‐1‐1 calls;
and
WHEREAS, the conduct of residents at the COVID‐19 Shelter has led to the Renton
Regional Fire Authority to request police safety escorts to all calls for service that it responds to,
something that does not occur with typical hotel patrons; and
AGENDA ITEM #7. d)
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WHEREAS, the COVID‐19 Shelter residents are at a high risk for interpersonal conflicts
and many have histories of violence, rule violations, and/or illegal substance use that cause other
shelters to deny them services; and
WHEREAS, the COVID‐19 Shelter operators assert that the incidence of such conflicts
have reduced as a result of deintensifying the distance from which the residents live and interact
with each other. Nevertheless, the number of interpersonal conflicts that include threats and
acts of violence (including arson) remains continually high; and
WHEREAS, repeated incidents of arson and threats of arson have highlighted the
significant risks posed by COVID‐19 Shelter residents’ repeated fire code violations; and
WHEREAS, risks of interpersonal conflicts and the related risks posed to COVID‐19 Shelter
residents and first responders are likely to be reduced by further reducing the number of
residents who are prone to interpersonal conflicts living within the same vicinity; and
WHEREAS, reducing the density of the COVID‐19 Shelter’s occupancy and number of
residents who have contributed to dramatically increased levels of criminal and other unsafe
activity and consistently reacted confrontationally to first responders is likely to improve the
safety of shelter residents, staff, visitors, first responders, and those working, living, and visiting
the surrounding vicinity; and
WHEREAS, in response to the Hearing Examiner’s FOV Decision, the City Council wishes
to legislatively clarify and confirm its policy and interpretation regarding “Hotel,” “Social Service
Organizations,” and “Division Facility / Diversion Interim Service Facility” land uses, to apply city‐
wide; and
AGENDA ITEM #7. d)
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WHEREAS, the City Council finds that the amended and clarified definition of “Hotel,” as
set forth in Section IX below, clarifies and codifies City Council intent, including adding the WAC
458‐20‐166(3) definition of “transient” to the definition of “Hotel” to mean “for less than one
month, or less than thirty continuous days if the rental period does not begin on the first day of
the month;” and
WHEREAS, the City Council further finds that adding a definition for “Hotel, Extended
Stay,” as set forth in Section IX below, further clarifies and codifies the intent of the City Council;
and
WHEREAS, the City Council further finds that the amended definition of “Social Services
Organizations,” as set forth in Section X below, clarifies and codifies City Council intent, including
confirming that “night shelter” operations are not an allowed component of a Social Service
Organizations land use; and
WHEREAS, the City Council further finds that the amended definition of “Diversion
Facility” and the removal of the definition of “Diversion Interim Service Facility,” as set forth in
Section VIII below, clarifies and codifies City Council intent; and
WHEREAS, the City Council also finds that there is a need to adopt certain related
clarifications to the Renton Municipal Code regarding the unclassified use interpretation process,
the distinctions between “principal” and “accessory” uses, and the title of positions within CED;
and
WHEREAS, the City Council acknowledges that pursuant to the Hearing Examiner’s FOV
Decision, the Renton Municipal Code does not currently allow the COVID‐19 Shelter to operate
within the City’s Commercial Arterial (CA) zoning district; and
AGENDA ITEM #7. d)
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WHEREAS, therefore, in addition to clarifying the Renton Municipal Code in response to
the Hearing Examiner’s FOV Decision, the City Council has legislatively determined that it will
amend the Renton Municipal Code to add a definition for a “COVID‐19 deintensification shelter”
land use and to allow a single such land use within the City without need for a conditional use
permit, on a short‐term basis coextensive with the effective period of this ordinance and subject
to additional standards and regulations established in this ordinance; and
WHEREAS, City staff has concluded that there are available properties in the City of
Renton in the following zoning designations upon which a COVID‐19 deintensification shelter
could be located after the completion of tenant improvements to the shelter operator’s
satisfaction: Light Industrial (IL), Medium Industrial (IM), Heavy Industrial (IH), Center Village
(CV), and Commercial Office (CO); and
WHEREAS, City staff has not been advised and is unaware that King County, DESC, or RHI
has inquired into or otherwise determined whether a COVID‐19 deintensification shelter could
be located on any properties in the Light Industrial, Medium Industrial, Heavy Industrial, Center
Village, or Commercial Office zones, either with or without tenant improvements, and the
identification and acquisition of one or more such properties could allow the COVID‐19
deintensification shelter to relocate and operate lawfully in an appropriate zone with appropriate
conditions and thus resolve the issues in the pending Renton Shelter Lawsuit and issues over use
of the Red Lion Site as a COVID‐19 deintensification shelter; and
WHEREAS, the City Council wishes to further consider the issue of whether COVID‐19
deintensification shelters may operate within the City of Renton after the effective period of this
ordinance, and it is the City Council’s desire to have City staff further investigate the matter; and
AGENDA ITEM #7. d)
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WHEREAS, meanwhile, the City Council recognizes that the homelessness crisis in King
County is a serious regional challenge but that it is a regional challenge that predates the COVID‐
19 pandemic; and
WHEREAS, the City Council finds that one of the ways that the City can help combat the
homelessness crisis that predated the COVID‐19 pandemic is to expressly allow for homeless
services land uses within the City and to provide for reasonable regulation of such uses; and
WHEREAS, in response, the City Council has determined to, on an emergency and interim
basis, define “homeless services use” land uses, state the zoning designations in which such land
uses are allowed, and establish regulations to be applied to such uses. During the interim period
in which this ordinance is in effect, it is the City Council’s desire to have City staff further study
options for regulating homeless services uses; and
WHEREAS, the City Council finds that there is a need to adopt this ordinance as an interim
zoning control ordinance on an emergency basis; and
WHEREAS, pursuant to WAC 197‐11‐880, the adoption of this interim zoning ordinance is
exempt from the requirements of a threshold determination under the State Environmental
Policy Act (SEPA), and future permanent zoning regulations shall be reviewed in accordance with
SEPA requirements; and
WHEREAS, the City Council expressly intends that this ordinance be a legislative policy
action which is not a site‐specific or quasi‐judicial action, and the City Council further recognizes
and intends that such legislative action has the effect of mooting the Unclassified Use Request
by King County, RHI, and DESC and mooting the Renton Shelter Lawsuit by creating an allowed
use for the COVID‐19 Shelter that moots the Hearing Examiner’s FOV Decision; and
AGENDA ITEM #7. d)
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WHEREAS, the City Council expressly intends that procedural and substantive due process
rights be met in the substance and contents of and process of adopting this ordinance; and
WHEREAS, the City Council held a public hearing on November 23, 2020, regarding the
subject matter of this ordinance, and heard oral testimony on the matter and considered written
comments received prior to the public hearing; and
WHEREAS, the City Council encouraged further public input on the subject matter of this
ordinance by keeping the public hearing open until December 1, 2020 at 5:00 PM for the purpose
of receiving additional written comment; and
WHEREAS, the City Council received and considered numerous written comments
submitted by members of the public; and
WHEREAS, in response to public comment, the City Council wishes to clarify that, as
described in the written presentation materials included in the City Council’s November 23, 2020
agenda packet, the City’s intention regarding the timing of this ordinance has been as follows:
November 23, 2020: Public hearing;
December 7, 2020: First reading of the ordinance with revisions that incorporate
feedback from public comments; and
December 14, 2020: Second reading of the ordinance, City Council action on the
ordinance, and effective date of the ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The above recitals are adopted as findings of fact in support of this interim
zoning control ordinance adopted herein pursuant to RCW 35A.63.220 and RCW 36.70A.390 and
AGENDA ITEM #7. d)
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interpretative and applicable judicial decisions, and are found to be true and correct in all
respects.
SECTION II. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION III. Subsections 4‐2‐050.A, 4‐2‐050.C.4, 4‐2‐050.C.5, and 4‐2‐050.C.6 of the
Renton Municipal Code are amended as shown below. All other provisions in 4‐2‐050 remain in
effect and unchanged.
4‐2‐050 PERMITTED LAND USES ESTABLISHED:
A. CATEGORIES OF USES ESTABLISHED:
This Section establishes permitted, conditional, accessory and prohibited uses,
by zone, for all properties within the Renton City Limits. All uses in a given zone
are one of six (6) types:
PERMITTED USES: Land uses allowed outright within a zone as a principal use.
Permitted uses are distinct from other uses listed separately in RMC 4‐2‐060,
Zoning Use Table – Uses Allowed in Zoning Designations and/or as defined.
CONDITIONAL USES (ADMINISTRATIVE): Land uses which may be permitted
as a principal use within a zoning district following review by the Development
Services Division Director Administrator to establish conditions mitigating impacts
of the use and to assure compatibility with other uses in the district.
CONDITIONAL USES (HEARING EXAMINER): Land uUses with special
characteristics that may not generally be appropriate within a zoning district, but
AGENDA ITEM #7. d)
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may be permitted as a principal use subject to review by the Hearing Examiner to
establish conditions to protect public health, safety and welfare.
ACCESSORY USES: Uses customarily incidental and subordinate to the a
principal use and located within the same structure as the principal use or
otherwise upon the same lot site occupied by the a principal use or on an
abutting/adjacent lot that is under the same ownership as the principal lot. Some
accessory uses are specifically listed, particularly where a use is only allowed in an
accessory form, whereas other accessory uses are determined by the
Development Services Division Administrator on a case‐by‐case basis per RMC 4‐
2‐050C4 and C6, Accessory Use Interpretations and Unclassified Uses.
PROHIBITED USES: Any use which is not specifically enumerated or
interpreted by the City as allowable in that district. Any use not specifically listed
as a permitted, conditional, or accessory use is prohibited, except those uses
determined to be unclassified and permitted by the Development Services
Division Director Administrator pursuant to RMC 4‐2‐0404‐2‐050C6. Any
prohibited use is illegal and is a misdemeanor punishable under RMC 1‐3‐1,
Penalties.
UNCLASSIFIED USE: A use which does not appear in a list of permitted,
conditionally permitted, or accessory uses, but which is interpreted by the
Development Services Division Director Administrator as similar to a listed
permitted, conditionally permitted or accessory use, and not otherwise
prohibited, pursuant to RMC 4‐2‐050C6, Unclassified Uses.
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B. ZONING USE TABLES ESTABLISHED:
The following tables establish whether a specific use is permitted in a zoning
district and whether the use is allowed as “permitted,” “conditional,” or
“accessory” use. The zone is located on the horizontal row and the specific use is
located on the vertical column of these tables.
C. INTERPRETATION OF ZONING USE TABLES:
1. Legend: The following letters have the following meanings when they
appear in the box at the intersection of the column and the row:
P Permitted Use
AD Conditional Use – Administrative
H Conditional Use – Hearing
Examiner
AC Accessory Use
2. Other Requirements Applicable: The above uses are subject to the
review procedures specified in chapter 4‐9 RMC, Permits – Specific, the
development standards of chapters 4‐3, Environmental Regulations and Overlay
Districts, 4‐4, City‐Wide Property Development Standards, and 4‐6, Street and
Utility Standards, and may be subject to additional conditions as noted in
subsection C3 of this Section. The Aquifer Protection Regulations of RMC 4‐3‐050,
Critical Areas Regulations, further restrict usage of those properties located within
the Aquifer Protection Area Boundary shown in RMC 4‐3‐050Q, Maps.
3. Additional Use‐Related Conditions: If a number also appears at the
intersection of the column and the row, the use is also subject to the additional
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requirements as listed immediately following the use table in RMC 4‐2‐080,
Conditions Associated with Zoning Use Tables. All applicable requirements shall
govern a use whether specifically identified in this Chapter or not.
4. Accessory Use Interpretations: The Development Services Division
Director Administrator mayshall determine if an unclassified use or a classified
use, even if not specifically listed as accessory (AC), is permitted as an accessory
use in a zone. Upon inquiry written application by an applicant, an administrative
interpretation shall be made by the Development Services Division Director
Administrator to determine if a proposed use is allowed as an accessory use
utilizing the rules of interpretation in subsection C4a of this Section. If the
applicant does not concur with the interpretation of whether a use is accessory or
with the permit type applied to a use, appeal may be made pursuant to RMC 4‐8‐
110, Appeals. Interpretations made by the Development Services Division Director
Administrator shall be documented, and updates to Title 4, when consistent with
the title format and level of detail, shall incorporate “accessory use”
interpretations upon approval by the legislative authority.
a. Rules of Interpretation for Accessory Uses: To determine whether
a use is permitted as accessory, the Development Services Division Director
Administrator shall utilize the following rules of interpretation:
i. If a use is allowed or conditionally allowed in a zone as a
“permitted” use, accessory uses associated with the primary use that are
determined to be incidental, necessary and commonly found with the permitted
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use may be allowed with the same permit type as the primary use, unless
specifically stated otherwise.
ii. If a use is permitted or conditionally permitted as a primary use,
subject to location restrictions, the listed use, even as an accessory use, is also
subject to the same location restrictions as the primary use, unless specifically
stated otherwise. For example, if a use is restricted to a location within the
Employment Area (EA) land use designation, then the accessory form of the use is
only permitted in the EA, unless specifically stated otherwise.
iii. Required parking, required site utilities/facilities, and other
development standards required in order to establish or operate a use on a site
according to the RMC are considered accessory.
5. Prohibited Uses: If no symbol appears in the box at the intersection of
the column and the row, the use is prohibited in that district unless otherwise
determined by the Development Services Division Director Administrator,
pursuant to this subsection C6 of this Section, Unclassified Uses, or subsection C4,
Accessory Use Interpretations.
6. Unclassified Uses: Upon inquirywritten application by an applicant, an
administrative interpretation shall be made by the Development Services Division
Director Administrator to determine if a proposed use, not specifically listed, is
allowed utilizing the criteria in subsection C6a of this Section. Should
interpretation be made that a proposed, unlisted use not be allowed in a specific
zoning district, the Director Administrator shall indicate which zones, if any, do
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permit the use subject to locational restrictions and development standards. If the
Development Services Division Director’s Administrator’s interpretation indicates
that an unlisted use is not consistent with the permitted, conditional or accessory
uses in any district, or if a party does not concur with the permit type applied to a
use, appeal may be made to the City’s Hearing Examiner pursuant to RMC 4‐8‐
110, Appeals. Interpretations made by the Development Services Division Director
Administrator shall be documented, and updates to Title 4 shall be updated , when
consistent with the title format and level of detail, shallto incorporate respond to
“unclassified use” interpretations upon approval by the legislative authoritymade
by the Administrator.
a. Criteria for Unclassified Uses: In order to make a determination that
an unclassified use is permitted, conditionally permitted or accessory, the
Development Services Division Director Administrator must find that the use is:
i. In keeping with the purpose and intent of the zone, and
consistent with the Renton Comprehensive Plan policies and other adopted plans
as may be applicable; and
ii. Similar in nature to, and no more intense than, a specifically
listed permitted, conditional or accessory use; and
iii. Consistent with subsection C4 of this Section, if determined to
be permissible as an accessory use.
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7. Use Table Conflicts: In the event of a conflict between RMC 4‐2‐060, the
Master Zoning Use Table and any other individual zoning use tables, RMC 4‐2‐
070A through 4‐2‐070S, the provisions of RMC 4‐2‐060 shall have priority.
8. Existing Legal Nonconforming Uses: Where the term “existing” follows
a listed use type within the table(s) (e.g., horticulture nurseries, existing), then
those who can document that their nonconforming uses were legal at the time
the nonconforming uses were established will be permitted to continue those
nonconforming uses and given all the rights of other permitted uses within the
district. In addition, these uses may be rebuilt “as is, where is” should they suffer
damage. These uses may be remodeled without limitation on value and may be
enlarged subject to current code requirements (e.g., height limits, lot coverage,
density limits, setbacks, parking, etc.), unless otherwise specifically conditioned in
RMC 4‐2‐080.
SECTION IV. Subsection 4‐2‐060.G of the Renton Municipal Code is amended by
modifying one row and adding two rows, and 4‐2‐060.K of the Renton Municipal Code is
amended by adding one row, all as shown in Attachment A. All other provisions in 4‐2‐060 remain
in effect and unchanged.
SECTION V. Subsections 4‐2‐080.A.71 and 4‐2‐080.A.101 of the Renton Municipal Code
are amended as shown below. All other provisions in 4‐2‐080.A remain in effect and unchanged.
71. Specified use(s) are only allowed south of I‐405. Diversion facilities
shall be limited to serving no more than one hundred (100) individuals at any time.
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101. Reserved.As many as one (1) COVID‐19 deintensification shelter
may operate within the City of Renton without obtaining a conditional use permit
to operate as a Homeless Services Use. The following applies to a COVID‐19
deintensification shelter operating pursuant to this exemption from the conditional
use permit requirements that would otherwise apply to a Homeless Services Use:
a. After June 1, 2021, the COVID‐19 deintensification shelter shall not serve
more than one hundred twenty‐five (125) persons at any time; and
b. The COVID‐19 deintensification shelter shall cease operations no later
than January 1, 2022, after which date the COVID‐19 deintensification shelter will
be unlawfully operating if it does not hold a valid conditional use permit for a
Homeless Services Use and is not operating in a location in which Homeless
Services Uses are allowed.
SECTION VI. Chapter 4‐4 RMC of the Renton Municipal Code is amended to add Section
4‐4‐045, Homeless Services Use, to read as shown below.
4‐4‐045 HOMELESS SERVICES USE:
A. PURPOSE:
The purpose of this Section is to provide zoning and land use regulations for
homeless services uses that are proposed to or that do primarily provide shelter
to one or more populations of people experiencing or transitioning from
homelessness.
B. APPLICABILITY:
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This Section applies to all homeless services uses, except as expressly set forth
in this Section. This Section does not apply to:
1. Uses allowed under a Temporary Use Permit issued pursuant to the
terms of RMC 4‐9‐240, Temporary Use Permits; and uses temporarily allowed
pursuant to RMC 4‐2‐060.G and 4‐2‐080.A.101 (including a COVID‐19
deintensification shelter);
2. Religious organizations hosting the homeless within buildings on their
property under the terms of RCW 35A.21.360 (Hosting the homeless by religious
organizations – When authorized – Requirements – Prohibitions on local actions);
3. Social service organizations; and
4. Unrelated individuals living together as a “family” pursuant to the
definition contained in RMC 4‐11‐060.
C. DEFINITIONS:
1. Definitions Applicable to Terminology Used in This Section: See also
Definitions in RMC chapter 4‐11.
a. “Code of conduct” is an agreement on rules of behavior between
occupants of a homeless services use and operators and providers offering a
homeless services use at a specific location. The code of conduct is intended to
protect the health, safety, and welfare of the occupants and employees of the
homeless services use, and the surrounding residents and businesses.
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b. “Funder” means any person, partnership, corporation, or other
organization of any kind that provides funding to establish, construct, or operate
a homeless services use.
c. “Good neighbor agreement (GNA).” Reserved.
d. “Homeless services use.” See definition in RMC 4‐11‐080.
e. “Homelessness” refers to the state of a person or group of persons
who lacks a fixed, regular, and adequate nighttime residence, meaning: (i) Has a
primary nighttime residence that is a public or private place not meant for human
habitation; (ii) Is living in a publicly or privately operated shelter designated to
provide temporary living arrangements (including congregate shelters,
transitional housing, and hotels and motels paid for by charitable organizations or
by federal, state, and local government programs); or (iii) Is exiting an institution
where (s)he/it has resided for ninety (90) days or less and who resided in an
emergency shelter or place not meant for human habitation immediately before
entering that institution.
f. “Operator” means any person, partnership, business, corporation,
or other organization of any kind that proposes to site and operate or does
operate a homeless services use in the City.
g. “Provider” means any person, partnership, business, corporation,
or other organization of any kind that provides supportive services to a homeless
population accessing a homeless services use.
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h. “Safety and security plan” refers to a plan developed by the
operator and updated to reflect input provided by the Renton Police Department
to address security concerns regarding a homeless services use that is proposed
at a specific location.
i. “Standard operating procedures” refer to a plan developed by the
operator that addresses the elements required by subsection F.2.e of this Section.
The elements contained in the standard operating procedures plan would
generally be applicable to all homeless services uses in Renton irrespective of
where they are proposed to be located.
j. “Supportive services” are those provided to occupants of a homeless
services use for the purpose of facilitating their independence and include, but are
not limited to, services such as case management, food or meals, medical
treatment, psychological counseling, childcare, transportation, and job training.
D. APPROVAL PROCESS REQUIRED: A homeless services use requires a
conditional use permit, approved by a Hearing Examiner and processed pursuant
to the provisions of RMC 4‐9‐030 and the provisions of this Section.
E. PRE‐APPLICATION PROCESS:
1. Pre‐application Materials: Shall be submitted to the Department
pursuant to RMC 4‐8‐100 before a permit application for a homeless services use
may be filed. In addition to standard pre‐application submittal (see RMC 4‐8‐
100.A), materials for homeless services uses pre‐applications shall include:
a. Name of the operator;
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b. Statement of experience operating the type of homeless services
use that is proposed or any other relevant experience;
c. Statement of homeless population to be served and occupancy
target for each homeless services use proposed;
d. Data provided by the applicant describing the extent to which the
proposed homeless population requires shelter and/or supportive services;
e. Whether the applicant intends to seek funding for the proposed
homeless services use from the City or from a regional coalition for housing;
f. Demonstrated experience of the operator at running successful
homeless services for the homeless population that is intended to be served;
g. The draft safety and security plan that has undergone preliminary
review and incorporated feedback from the Renton Police Department; and
h. Any additional documentation submitted by the applicant for the
pre‐application meeting and written public comments received on the proposal
through completion of the pre‐application neighborhood meeting required by
subsection E.2 of this Section.
2. Pre‐application Neighborhood Meeting: Prior to submittal of pre‐
application materials, the applicant shall hold a public informational meeting
pursuant to RMC 4‐8‐090.A, Neighborhood Meetings. The purpose of this meeting
is to provide an early, open dialogue between the applicant, the operator, and
property owners surrounding the proposed homeless services use. The meeting
should acquaint the surrounding property owners with the operator and provide
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for an exchange of information about the proposal and the community where the
use is proposed to be located. The operator shall share information regarding its
intended permit application (e.g., the draft standard operating procedures, draft
code of conduct, and draft safety and security plan) for the proposed homeless
services use. The surrounding property owners should share characteristics of the
surrounding community and any issues or concerns of which the operator should
be made aware. Notice of the neighborhood meeting shall be provided by the
Administrator pursuant to the requirements of RMC 4‐8‐090.A, Neighborhood
Meetings.
3. Pre‐application Site Inspection by the City: If the applicant proposes to
use an existing structure to house a homeless services use, a pre‐application site
inspection by City staff shall be required. The applicant shall allow for an
inspection of the structure proposed to house a homeless services use by staff
representatives of the Community Services Department, the Department’s
Planning Division, the Building Official, the Police Department, and the Fire
Marshal. The purpose of the inspection is to preliminarily determine if the facility
meets the Building and Fire Code standards for the proposed use. The purpose of
this inspection is not to ensure that a facility meets the requirements of this Code
or to force an applicant to bring a proposed facility up to applicable standards
prior to project approval. The inspection is intended to inform the applicant, the
operator, the City, the underlying property owner, and the public of applicable
building modifications that would be necessary to establish a homeless services
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use prior to making an application. Code deficiencies that are not discovered or
recognized during this inspection shall not excuse the applicant from later
compliance with all applicable City, County, State, and Federal law requirements.
F. SUBMITTAL REQUIREMENTS:
1. An applicant seeking to establish a homeless services use is required to
submit application materials that meet the submittal requirements for a
conditional use permit as required by RMC 4‐8‐120.
2. In addition to the applicable conditional use permit submittal
requirements identified in subsection F.1 of this Section, information identified in
this subsection shall also be included with the permit application. An application
that does not contain the information listed in this subsection shall not be
considered complete. All applications for homeless services use shall include the
following:
a. A description of the homeless population to be served by the
proposed homeless services use, dates and times of operation, and associated
occupancy targets.
b. A statement of the operator’s experience at providing homeless
services, including examples of similar facilities managed by the operator.
c. A list of transit stops and park and rides within one‐half (0.5) mile of
the proposed homeless services use.
d. A list of job retraining and education uses within one‐half mile (0.5)
of the proposed homeless services use.
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e. A standard operating procedures plan including, but not limited to:
i. A description of how the proposed homeless services use will
serve the homeless population that will be accommodated by the use;
ii. A description of staffing for the proposed homeless services use
based on anticipated population size and needs and the training provided to staff
hired to fulfill the identified staffing demand;
iii. A description of the anticipated providers that will serve the
population that will be accommodated by the homeless services use;
iv. A description of the known funders for the homeless services
use;
v. A description of the procedures used to manage intake of the
homeless population that is proposed to be served;
vi. A plan for encouraging prospective occupants to provide
personal identification for inclusion in the Homeless Management Information
System (HMIS) to help increase opportunities to provide access to housing and
services and to secure public funding for the proposed homeless services use;
vii. Where appropriate and feasible, a plan for developing a
community service model that is tailored to the homeless population to be served
at the location where the homeless services use is proposed to be located. A
community service model is intended to provide a framework for persons
experiencing homelessness to work volunteer service hours within the scope of
AGENDA ITEM #7. d)
LR - 000689
ORDINANCE NO. ________
29
their ability in the community where they are receiving support from a homeless
services use;
viii. Where applicable, a plan to ensure that school‐aged residents
of the use are enrolled in school during their stay;
ix. Identification of a primary point of operator contact for
assistance and referrals to send homeless individuals seeking services;
x. A plan for managing exterior appearance of the proposed
homeless services use, including trash/litter, hazardous materials, and biohazards
on the property of the use and surrounding sidewalks;
xi. A description of how the operator will inform and educate
occupants of the homeless services use regarding the code of conduct; and
xii. A description of consequences to be imposed for violating the
code of conduct.
f. A code of conduct that applies within the homeless services use site
to all individuals granted access to the proposed homeless services use including,
but not limited to:
i. Respect the rights of property owners to restrict access to areas
of their property that are not open to the public;
ii. Maintain the site in a safe and habitable condition;
iii. Do not possess or use illegal substances;
iv. Respect state law restrictions on smoking and use designated
smoking areas where provided; and
AGENDA ITEM #7. d)
LR - 000690
ORDINANCE NO. ________
30
v. Comply with City of Renton regulations governing public
conduct (including but not limited to the prohibition on public camping, loitering,
trespassing, littering, creating a nuisance, etc.).
g. A safety and security plan describing measures that the operator
will employ to promote the safety of shelter occupants and surrounding residents
and businesses, including but not limited to:
i. Criteria for rejection or removal of an individual seeking access
to the proposed homeless services use;
ii. A plan for deployment (including time, place and manner) of
security patrols;
iii. A plan to address disruptive behavior exhibited by clients of the
homeless services use provider within a homeless services use and its site that
infringes on the safety of occupants or employees of the use, and a description of
the consequences for engaging in disruptive behavior;
iv. A plan for preventing loitering, creating a nuisance, and
unpermitted camping associated with the homeless services use;
v. Implementation of registered sex offender background checks
and compliance with applicable registration and notification requirements;
vi. A plan for managing individuals excluded from accessing the
proposed homeless services use;
AGENDA ITEM #7. d)
LR - 000691
ORDINANCE NO. ________
31
vii. A plan for coordination between the operator, public safety
officers (e.g., police, fire, etc.), and any private security forces employed by
surrounding property and business owners to ensure timely information sharing;
viii. Provision of a phone number, email address, and point of
contact at the site of the proposed homeless services use for the community to
report concerns;
ix. A plan for addressing reported concerns and documenting
resolution, and sharing this information with relevant neighbors, as applicable to
the concern; and
x. Identification of performance metrics that will be used to track
compliance with the safety and security plan.
h. Neighborhood meeting materials, for both the Pre‐application
Neighborhood Meeting and the Neighborhood Meeting, as required by RMC 4‐8‐
120.
G. GOOD NEIGHBOR AGREEMENT PROCESS REQUIRED: Reserved.
H. CITY APPROVAL REQUIREMENTS FOR HOMELESS SERVICES USES:
1. Applicability of City Review Process: A homeless services use requires
approval of a conditional use permit by a Hearing Examiner. The conditional use
permit shall be reviewed pursuant to RMC 4‐9‐030 as enhanced by the provisions
of this Section.
2. Decision Criteria Applicable to Conditional Use Permits for a Homeless
Services Use: The City may deny, approve, or approve with conditions a
AGENDA ITEM #7. d)
LR - 000692
ORDINANCE NO. ________
32
conditional use permit application for a homeless services use if the applicant
demonstrates that:
a. The proposal complies with the conditional use permit decision
criteria of RMC 4‐9‐030.D;
b. The proposal complies with the applicable requirements of the
RMC;
c. The proposal includes a standard operating procedures plan
meeting the requirements of subsection F.2.e of this Section;
d. The proposal includes a code of conduct meeting the requirements
of subsection F.2.f of this Section;
e. The proposal includes a safety and security plan meeting the
requirements of subsection F.2.g of this Section and incorporating the feedback
provided by the Renton Police Department; and
f. The proposal addresses all applicable design guidelines and
development standards of this Section and any applicable land use district overlay
in a manner which fulfills their purpose and intent.
3. Minimum required notice and public engagement procedures for
homeless services uses shall include the following:
a. Notice of the pre‐application neighborhood meeting shall be provided
pursuant to RMC 4‐8‐090.A;
b. A neighborhood meeting shall be held pursuant to RMC 4‐8‐090.A on
all applications to establish a homeless services use. Prior to the neighborhood
AGENDA ITEM #7. d)
LR - 000693
ORDINANCE NO. ________
33
meeting, the operator shall meet and confer with the Renton Police Department
regarding the proposed safety and security plan described in the submittal
materials as required by subsection F.2.g of this Section. At the neighborhood
meeting, a representative of the homeless services use operator shall present in
writing and describe the proposed safety and security plan, and any input or
comments received on the plan from the Renton Police Department.
c. Notice of an application to establish any homeless services use shall be
provided pursuant to RMC 4‐8‐090;
4. Administrator’s Recommendation:
a. A written report of the Administrator shall be prepared in response
to the approval criteria and public comment.
b. Notice of Availability of the Administrator’s Recommendation:
Notice of the availability of the Administrator’s recommendation shall be provided
pursuant to RMC 4‐8‐090.
5. Modifications to a Homeless Services Use: Conditions of approval for
a homeless services use apply for the life of the project. Any increase in the
number of beds beyond that applied for by the applicant and included in the City
approval, or changes to the population served by the homeless services use, shall
be considered a major modification and processed as a new application.
I. DEVELOPMENT STANDARDS/USE REQUIREMENTS:
1. General Development Requirements: The applicable general
development requirements of the zone shall be met unless specifically modified
AGENDA ITEM #7. d)
LR - 000694
ORDINANCE NO. ________
34
by the terms of this Section when applied to a homeless services use. If there is a
conflict between applicable general development requirements of the zone and
the terms of this Section when applied to a homeless services use, the terms of
this Section shall apply.
2. Parking Requirements: In addition to the terms of RMC 4‐4‐080, the
following requirements apply to all homeless services uses:
a. Number of Parking Stalls: Homeless services uses are unspecified
under the terms of RMC 4‐4‐080.F.10.d, and required parking stalls shall be
established by the Administrator and approved by the Hearing Examiner.
b. Overnight Camping is Prohibited: Camping is prohibited in areas
that provide accessory parking for the homeless services use.
3. Occupancy Limits and Size‐Related Development Standards:
a. All homeless services uses shall comply with occupancy limitations
contained in applicable building and fire codes and ordinances adopted by the
City.
b. In addition to compliance with subsection I.3.a of this Section,
overnight shelter uses shall not provide sleeping accommodations for more than
one hundred (100) residents, and shall comply with the following additional
requirements:
i. The City shall impose a condition on any approved overnight
shelter use limiting the number of beds to those requested by the applicant or one
hundred (100), whichever is less.
AGENDA ITEM #7. d)
LR - 000695
ORDINANCE NO. ________
35
ii. Shelters shall locate greater than one‐half (0.5) mile from any
other homeless services use, unless they are co‐located as part of a single
development and do not serve more than a combined one hundred (100)
residents.
iii. Shelters with more than fifty (50) beds should locate within one
(1) mile of a public transit stop.
4. Minimum Requirements:
a. Homeless Services Uses in General:
i. Toilet, bathing, sleeping, laundry, and storage facilities to meet
the demands anticipated by the homeless services use provider.
ii. Access to WiFi for occupants of the homeless services use.
iii. Designated smoking areas located a minimum of twenty‐five
feet (25’) from perimeter property lines with appropriate cigarette disposal
facilities.
iv. Staffing provided during operating hours for each homeless
services use.
v. Designated and dignified privacy areas to meet the needs of the
anticipated homeless population that is proposed to be served (e.g., lactation
rooms, medical/counseling rooms, caseworker consultation spaces, etc.).
vi. A permanent address to meet the needs anticipated by the
homeless services use provider.
AGENDA ITEM #7. d)
LR - 000696
ORDINANCE NO. ________
36
viii. A final safety and security plan updated after and comments
have been received on the plan from the Renton Police Department.
b. Day Shelter Use: Access to electrical outlets to meet the demands
anticipated by the homeless population that is proposed to be served.
c. Overnight Shelter Use:
i. Overnight sleeping accommodations that do not exceed one
hundred (100) beds.
ii. A dedicated electrical outlet for every occupant of a bed.
J. ADDITIONAL DESIGN REQUIREMENTS:
1. Crime Deterrence: The design of any homeless services use shall
incorporate Crime Prevention Through Environmental Design (CPTED) principles
and use available technology to deter crime. Examples may include:
a. Visibility of entrance and exit points to and from any structure
housing a homeless services use;
b. Open and well‐lighted pedestrian connections between the
homeless services use, accessory parking, transit services and other supportive
services in the area; and
c. Video surveillance of entrance and exit points to and from any
structure housing a homeless services use.
2. Common Areas: Common areas shall be provided to enhance resident
enjoyment through inclusion of features such as libraries, roof decks, patios, and
gardens.
AGENDA ITEM #7. d)
LR - 000697
ORDINANCE NO. ________
37
K. MITIGATION MEASURES:
The City may impose conditions relating to the development, design, use, or
operation of a homeless services use to mitigate environmental, public life, safety,
or welfare, or other identifiable impacts.
L. INDEPENDENT TECHNICAL REVIEW:
The applicant shall pay for independent technical review by a consultant
retained by the City for review of materials submitted by the applicant to
demonstrate compliance with the requirements of this Section.
SECTION VII. The definition of “COVID‐19 Deintensification Shelter” is added in
alphabetical order to Section 4‐11‐030 of the Renton Municipal Code as shown below. All other
definitions in Section 4‐11‐030 remain in effect and unchanged.
COVID‐19 DEINTENSIFICATION SHELTER: A facility (whether a separate structure,
or situated inside or outside a building or a portion of a building) used for the
relocation of homelessness shelters and encampments for the purposes of de‐
intensifying or reducing density in response to the novel coronavirus (COVID‐19)
pandemic. A COVID‐19 Deintensification Shelter that meets the definition of a
Homeless Services Use – Overnight Shelter is both a COVID‐19 Deintensification
Shelter and a Homeless Services Use – Overnight Shelter.
SECTION VIII. The definition of “Diversion Facility” in Section 4‐11‐040 of the Renton
Municipal Code is amended and the definition of “Diversion Interim Service Facility” in Section 4‐
11‐040 of the Renton Municipal Code is removed, as shown below. All other definitions in Section
4‐11‐040 remain in effect and unchanged.
AGENDA ITEM #7. d)
LR - 000698
ORDINANCE NO. ________
38
DIVERSION FACILITY: A facility which that provides community crisis services,
whereby inpatient healthcare for individuals that are self‐admitted or ordered,
diverted, or referred from jails, hospitals, doctors or other similar treatment
facilities or professionals, or by first responders, including law enforcement,
hospital emergency department social workers, and similar professionals. options
due to mental illness or chemical dependency. Services may include an array of
inpatient healthcare treatment and support services including but not limited to
screening and assessment, psychological counseling, case management, crisis
management, detox services, substance use and trauma‐related treatment
services, behavioral/mental health care, medical isolation, care, or treatment,
counseling, respite services, and various levels of accommodations for sleeping
purposes. Some outpatient healthcare services may be provided. Not included in
this definition are congregate residences, assisted living facilities, adult family
homes, group homes, convalescent centers, social service organizations, or
homeless services uses.
DIVERSION INTERIM SERVICE FACILITY: A facility which provides interim or
respite services, such as temporary shelter, medical/mental health treatment,
case management or other support options such as transportation arrangements
for patients referred to such a facility from a diversion facility.
SECTION IX. The definition of “Hotel” in Section 4‐11‐080 of the Renton Municipal Code
is amended as shown below. The definitions of “Homeless Services Use” and “Hotel, Extended‐
AGENDA ITEM #7. d)
LR - 000699
ORDINANCE NO. ________
39
Stay” are added in alphabetical order to Section 4‐11‐080 of the Renton Municipal Code as shown
below. All other definitions in Section 4‐11‐080 remain in effect and unchanged.
HOMELESS SERVICES USE: A day shelter or overnight shelter 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 includes but is not limited to 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. Overnight Shelter: Any facility that is operated for a long‐term and indefinite
period (and not in response to a single sudden event such as a natural disaster)
for the primary purpose of providing shelter for people experiencing
homelessness in general or for specific populations of people experiencing
homelessness. Supportive services may or may not be provided in addition to the
provision of shelter. A COVID‐19 deintensification shelter meeting this definition
is a Homeless Services Use – Overnight Shelter.
HOTEL: A building or portion thereof designed or used wherein a majority of the
net floor area is dedicated for the rental of rooms for transient occupancy rental
for sleeping purposes in exchange for payment, and typically based on a per night
and per room basis for no more than thirty (30) continuous days and not meeting
the definition of Homeless Services Use. For the purposes of this definition,
AGENDA ITEM #7. d)
LR - 000700
ORDINANCE NO. ________
40
“transient” means less than one (1) month, or less than thirty (30) continuous days
if the rental period does not begin on the first day of the month. Hotel structures
are at least two (2) stories in height, with lodging space generally above the first
floor. Lodging space may also be located on the first floor. Individual rooms are
typically accessed from a common hallway and include permanent provisions for
sanitation but do not provide kitchen facilities. A central commercial kitchen and
dining room catering to the hotel patrons may be provided, event space, eating
and drinking establishments, and accessory shops and services typically located in
or provided by hotels and catering to the general public may be provided. Not
included in this definition are facilities providing crisis intervention or case
management or both, multi‐family attached dwellings, bed and breakfasts, or
motels.
HOTEL, EXTENDED‐STAY: A building or portion thereof for rental of rooms with
permanent provisions for living, eating, sanitation, and cooking for temporary
occupancy without limits on duration. Extended‐stay hotel structures are at least
two (2) stories in height, with lodging space generally above the first floor, and not
meeting the definition of a Homeless Services Use. Lodging space may also be
located on the first floor. Individual rooms accessed from a common hallway. A
commercial kitchen and dining room catering to the extended‐stay patrons may
be provided; event space, eating and drinking establishments, and accessory
shops and services typically located in or provided by hotels or extended‐stay
hotels and catering to the general public may be provided. Not included in this
AGENDA ITEM #7. d)
LR - 000701
ORDINANCE NO. ________
41
definition are facilities providing crisis intervention or case management or both,
attached dwellings, bed and breakfasts, hotels, or motels.
SECTION X. The definition of “Social Service Organizations” in Section 4‐11‐190 of the
Renton Municipal Code is amended as shown below. All other definitions in Section 4‐11‐190
remain in effect and unchanged.
SOCIAL SERVICE ORGANIZATIONS: Public or nonprofit agencies that provide
counseling, therapy, job training, educational classes, food banks, clothing banks,
or other social or human services to persons needing such services due to physical,
mental, emotional, or other disabilities, but do not provide crisis intervention, day
or night shelter, or case management. Also, public or nonprofit agencies that
provide public services such as food banks, clothing banks, day shelters, and job
training centers. This does not include religious institutions, offices, government
facilities, schools, hospitals, clinics, day care, homeless services uses, medical
institutions, diversion facilities, lodging in any form, or residential uses.
SECTION XI. The interim zoning controls imposed herein shall be in effect for six (6)
months from the passage of this ordinance, unless ended earlier by subsequent City Council
action, or unless subsequently extended by the City Council pursuant to state law.
SECTION XII. During the interim period in which these interim zoning controls are in
effect, City staff are directed to further investigate:
(1) The matter of COVID‐19 deintensification shelters and what further zoning and land
use regulation, if any, of such uses the City should undertake; and
AGENDA ITEM #7. d)
LR - 000702
ORDINANCE NO. ________
42
(2) The matter of homeless services uses and what further zoning and land use regulation,
if any, of such uses the City should undertake.
City staff should present to the City Council for its consideration an update regarding
these two matters prior to the expiration of the interim zoning controls established in this
ordinance, as well as any further recommended legislation.
SECTION XIII. 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 XIV. The City Council declares an emergency for the protection of the public
welfare and to enable the purpose and intent of this ordinance to be accomplished. This
ordinance shall take effect immediately when passed by the City Council. The City Clerk shall
cause to be published 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 _______ day of ___________________, 2020.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2020.
Armondo Pavone, Mayor
AGENDA ITEM #7. d)
LR - 000703
ORDINANCE NO. ________
43
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2120:12/3/2020
AGENDA ITEM #7. d)
LR - 000704
ORDINANCE NO. ________ 44 ATTACHMENT A 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 G. OTHER COMMUNITY AND PUBLIC FACILITIES Diversion facility and diversion interim service facility H71 H71 Homeless services use H H H H H COVID‐19 deintensification shelter P101 P101 P101 P101 P101 P101 K. SERVICES Hotel, extended‐stay P29 P29 P29 P29 P AGENDA ITEM #7. d)LR - 000705
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE
FOLLOWING INTERIM ZONING CONTROLS IN RESPONSE TO THE RENTON RED
LION COVID‐19 DEINTENSIFICATION SHELTER OPERATING IN THE CITY OF
RENTON SINCE APRIL 2020: (1) CLARIFYING AND MODIFYING PRINCIPAL,
ACCESSORY, AND UNCLASSIFIED USE REGULATIONS BY AMENDING
SUBSECTIONS 4‐2‐050.A, 4‐2‐050.C.4, 4‐2‐050.C.5, AND 4‐2‐050.C.6 OF THE
RENTON MUNICIPAL CODE; (2) CLARIFYING AND MODIFYING CERTAIN LAND USE
DEFINITIONS IN THE RENTON MUNICIPAL CODE BY AMENDING SUBSECTION 4‐
2‐060.K OF THE RENTON MUNICIPAL CODE, AMENDING THE DEFINITION OF
“DIVERSION FACILITY” AND REMOVING THE DEFINITION OF “DIVERSION
INTERIM SERVICE FACILITY” IN SECTION 4‐11‐040 OF THE RENTON MUNICIPAL
CODE, AMENDING THE DEFINITION OF “HOTEL” AND ADDING A DEFINITION OF
“HOTEL, EXTENDED‐STAY” IN SECTION 4‐11‐080 OF THE RENTON MUNICIPAL
CODE, AND AMENDING THE DEFINITION OF “SOCIAL SERVICE ORGANIZATIONS”
IN SECTION 4‐11‐190 OF THE RENTON MUNICIPAL CODE; (3) ALLOWING FOR ONE
COVID‐19 DEINTENSIFICATION SHELTER TO TEMPORARILY OPERATE IN THE
COMMERCIAL ARTERIAL (CA) ZONING DISTRICT BY ADDING A DEFINITION OF
“COVID‐19 DEINTENSIFICATION SHELTER” IN SECTION 4‐11‐030 OF THE RENTON
MUNICIPAL CODE AND AMENDING SUBSECTIONS 4‐2‐060.G, 4‐2‐080.A.71, AND
4‐2‐080.A.101 OF THE RENTON MUNICIPAL CODE; AND (4) ALLOWING FOR AND
REGULATING LAND USES SERVING THOSE EXPERIENCING HOMELESSNESS BY
ADDING A NEW SECTION 4‐4‐045, HOMELESS SERVICES USE, TO THE RENTON
MUNICIPAL CODE AND ADDING A DEFINITION OF “HOMELESS SERVICES USE” TO
SECTION 4‐11‐080 OF THE RENTON MUNICIPAL CODE; MAKING A LEGISLATIVE
DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM FULL COMPLIANCE
WITH THE STATE ENVIRONMENTAL POLICY ACT (CHAPTER 43.21.C RCW);
PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND
ESTABLISHING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, in early 2020, the World Health Organization announced that the novel
coronavirus (COVID‐19) was a global pandemic, the United States Department of Health and
Human Services Secretary Alex Azar declared a public health emergency because of the COVID‐
19 pandemic, and Washington Governor Inslee declared a State of Emergency due to COVID‐19;
and
AGENDA ITEM # 9. a)
LR - 000706
ORDINANCE NO. ________
2
WHEREAS, on March 6, 2020, the Mayor proclaimed a local emergency due to COVID‐19;
and
WHEREAS, on March 31, 2020, King County’s Local Health Officer, Dr. Jeff Duchin, issued
a Local Health Officer Order (which Dr. Duchin amended on May 20, 2020) (collectively, the
“County Health Order”) authorizing King County to use only “legally available” resources to “de‐
intensify or reduce the density of existing homelessness shelters and encampments” in response
to the COVID‐19 pandemic, and further emphasized that the County Health Order did not
“authorize illegal means or behavior;” and
WHEREAS, on April 2, 2020, King County leased the Red Lion Hotel & Conference Center
located at 1 South Grady Way, Renton (the “Red Lion Site”), from the property owner Renton
Hotel Investors, LLC (“RHI”); and
WHEREAS, the Red Lion Site is located within the City’s Commercial Arterial (CA) zoning
designation, and is subject to City of Renton Municipal Code, including City zoning, land use, and
business use and licensing regulations; and
WHEREAS, on or about April 9, 2020, in coordination with King County and under King
County’s lease with RHI, the Downtown Emergency Service Center (“DESC”) began using the Red
Lion Site as a COVID‐19 deintensification shelter for persons experiencing homelessness (the
“COVID‐19 Shelter”). DESC began using the COVID‐19 Shelter to temporarily house individuals
previously housed at its downtown Seattle Main Shelter, located at The Morrison Hotel. DESC
and King County decided to house these individuals in private rooms, rather than congregate
housing, where COVID‐19 could spread more rapidly. DESC did so without coordinating with City
officials or City staff, and without obtaining City permits or obtaining a City business license; and
AGENDA ITEM # 9. a)
LR - 000707
ORDINANCE NO. ________
3
WHEREAS, as described by DESC, the COVID‐19 Shelter operates as a 24‐hour shelter for
DESC’s clients experiencing homelessness, with a wide range of services including the provision
of meals, case management, and crisis intervention; and
WHEREAS, King County has represented that the maximum number of residents of the
COVID‐19 Shelter has been 235 individuals; and
WHEREAS, DESC has been continuously operating the COVID‐19 Shelter since on or about
April 9, 2020, in concert with King County, in contravention of City zoning and without City land
use or building permits or a City business license; and
WHEREAS, since the COVID‐19 Shelter began operating at the Red Lion Site, first
responders from the Renton Police Department and the Renton Regional Fire Authority have
experienced a marked increase in the numbers of calls for service to the Red Lion Site and its
vicinity, causing adverse impacts in the City of Renton; and
WHEREAS, City staff immediately made the following land use and zoning determinations
regarding DESC’s use of the Red Lion Site to deintensify congregate homeless shelters: (1) the
only land use lawfully established on the Red Lion Site is a “Hotel” land use; (2) the COVID‐19
Shelter does not meet the Renton Municipal Code’s (RMC’s) definition of a “Hotel” land use (RMC
4‐11‐080); (3) a “deintensification shelter” is not among the list of land use types that is
recognized in the Renton Municipal Code (RMC 4‐2‐060 (Zoning Use Table)); and (4) the
potentially comparable land uses that are recognized in the Renton Municipal Code are
“diversion facility / diversion interim service facility” or “congregate residence,” and that neither
of those land uses is allowed within the Red Lion Site’s Commercial Arterial (“CA”) zoning
designation. These determinations caused City staff to determine that the continued use of the
AGENDA ITEM # 9. a)
LR - 000708
ORDINANCE NO. ________
4
Red Lion Site to house a homeless shelter operation is not an allowed land use on the Red Lion
Site; and
WHEREAS, City staff also immediately determined that the COVID‐19 Shelter had opened
without King County, DESC, or RHI having first applied for a City business license for the COVID‐
19 Shelter operations, in violation of RMC 5‐5‐3; and
WHEREAS, despite City staff’s determinations that the COVID‐19 Shelter is not an allowed
land use on the Red Lion Site and was operating without a required City business license, the City
was willing to temporarily forbear on taking code enforcement action against the COVID‐19
Shelter if King County would enter into a Memorandum of Understanding (“MOU”) with the City
regarding the operations of the COVID‐19 Shelter and the duration of the COVID‐19 Shelter’s
operations at the Red Lion Site. Accordingly, the City provided a draft MOU to King County in
April 2020, and proceeded to negotiate in good faith with King County regarding an MOU, but
King County would not agree to any MOU that committed King County or DESC to a timeframe
for relocating the COVID‐19 Shelter’s operations from the Red Lion Site to another location within
or beyond City of Renton limits that would allow for such a use under the Renton Municipal Code;
and
WHEREAS, on June 30, 2020, when the MOU negotiations had dissolved with no
commitment on the part of King County or DESC to relocating the COVID‐19 Shelter to a location
allowed by the Renton Municipal Code, the City had run out of alternatives to engaging in code
enforcement proceedings regarding the COVID‐19 Shelter. Thus, on that date, the City issued a
two‐count Finding of Violation to King County, DESC, and RHI under code enforcement case
number CODE20‐000321 finding that (1) the COVID‐19 Shelter is a “land use not allowed in zoning
AGENDA ITEM # 9. a)
LR - 000709
ORDINANCE NO. ________
5
designation” (Violation 1), and (2) the COVID‐19 Shelter was “operating without a City of Renton
business license” (Violation 2). Hereinafter, the Finding of Violation is the “FOV;” and
WHEREAS, King County and RHI both timely requested a hearing to challenge the FOV,
and the requested hearing regarding the FOV was held before the City’s Hearing Examiner on
August 14, 2020, with DESC also participating in the hearing; and
WHEREAS, in front of the Hearing Examiner, King County, RHI, and DESC took the position
that the temporary use of the Red Lion Site for shelter deintensification meets the RMC definition
of a “Hotel” land use. They also took the position that even if the shelter deintensification use of
the Red Lion Site did not meet the definition of a “Hotel” land use, the Local Health Officer’s
authority under Washington law to protect the public from contagious diseases takes legal
precedence over and preempts Renton’s zoning and permitting laws; and
WHEREAS, for its part, in front of the Hearing Examiner, the City took the positions that
(1) the deintensification use of the Red Lion Site does not meet the RMC definition of a “Hotel”
land use, (2) the use appeared to most closely align with the RMC definitions for the “diversion
facility / diversion interim service facility” land use or the “congregate residence” land use, (3)
neither the “diversion facility / diversion interim service facility” land use nor the “congregate
residence” land use is allowed within the CA zoning designation (which is the Red Lion Site’s
zoning designation), and (4) the pandemic and County Health Order did not preempt the City’s
zoning and land use laws; indeed, the County Health Order expressly restricted King County to
using “legally available” resources and forbade using “illegal means or behavior,” which would
include the City of Renton’s legally adopted and enforced zoning, land use, and business licensing
laws; and
AGENDA ITEM # 9. a)
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WHEREAS, by written decisions dated August 31, 2020 and October 2, 2020, the Hearing
Examiner ruled on the FOV (collectively, the “Hearing Examiner’s FOV Decision”); and
WHEREAS, the Hearing Examiner’s FOV Decision directed King County and DESC to choose
either to vacate the Red Lion Site within 60 days or to apply to the City for an “unclassified use”
interpretation in which the Department of Community & Economic Development (“CED”) would
determine if the COVID‐19 Shelter is allowed utilizing the criteria in RMC 4‐2‐050.C.6.a; and
WHEREAS, although the October 2, 2020 portion of the Hearing Examiner’s FOV Decision
confirms that the “unclassified use analysis . . . decision is left to City staff as governed by City
code,” the Hearing Examiner’s FOV Decision nevertheless projects that the outcome of CED’s
unclassified use interpretation will be to deem the COVID‐19 Shelter a “Hotel” land use, a “Social
Service Organizations” land use, or a combination of the two; and
WHEREAS, the Hearing Examiner’s FOV Decision’s projections that an unclassified use
interpretation would result in a “Hotel” and/or “Social Service Organizations” land use
determination were based, in part, on the following assumptions regarding the intent of the City
Council:
Regarding the “Hotel” land use, the Hearing Examiner’s FOV Decision states:
“The City has taken the strong position that the requirement in the hotel definition
that guest stays be “transient” means that stays must be 30 days or less. Although
the vast majority of hotel use may very well be 30 days or less, there is no basis to
conclude that hotels stays will not sometimes be longer due to exceptional
circumstances such as natural disasters and pandemics. The most compelling
reason to disagree with the City’s 30‐day interpretation is simply that the Renton
City Council didn’t expressly adopt a 30‐day limit for hotel stays. If the Council
wanted a hard and fast rule on the length of time that someone could stay in a
hotel room, it would have been exceptionally easy and clear to throw that into the
definition of hotel or transient.”
AGENDA ITEM # 9. a)
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Cite: Hearing Examiner’s August 31, 2020 decision, page 11, lines 22‐29 (emphasis
added).
Regarding the “Social Services Organizations” land use, the Hearing Examiner’s
FOV Decision states:
“There is the argument to be made that added night shelter use [to a “Social Services
Organizations” use which only expressly allows “day shelter” use] could reduce the
impacts of a day shelter and thereby make a conditional use permit unnecessary. A
day shelter causes displacement of a homeless population every evening it shuts
down whereas a 24‐hour shelter does not. However, it is too implausible to conclude
that’s why the social services organization expressly authorizes just day shelters and
doesn’t mention night shelters. If the Council considered a night shelter a more
benign use than a day shelter, it would have expressly authorized it as a permitted
use elsewhere in the use table.”
Cite: Hearing Examiner’s August 31, 2020 decision, page 11, lines 11‐18 (emphasis
added); and
WHEREAS, the Hearing Examiner’s FOV Decision’s projections that an unclassified use
interpretation would result in a “Hotel” and/or “Social Service Organizations” land use caused, in
part, the Hearing Examiner to conclude that the COVID‐19 Shelter was not most similar to a
“Diversion Facility / Diversion Interim Service Facility” land use; and
WHEREAS, on or about October 15, 2020, King County, DESC, and RHI jointly applied for
an unclassified use interpretation for the COVID‐19 Shelter, as provided for in the Hearing
Examiner’s FOV Decision (the “Unclassified Use Request”); and
WHEREAS, an unclassified use interpretation application is not a permit application type
that vests upon submittal of a complete application (See RMC 4‐1‐045 “Vesting”); and
WHEREAS, on or about October 23, 2020, King County, DESC, and RHI jointly commenced
a lawsuit in King County Superior Court, under Cause No. 20‐2‐15681‐7 KNT, challenging the
Hearing Examiner’s FOV Decision (hereinafter, the “Renton Shelter Lawsuit”); and
AGENDA ITEM # 9. a)
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WHEREAS, pursuant to a stipulation of all parties to the Renton Shelter Lawsuit, the
Renton Shelter Lawsuit’s case schedule was extended by 90 days with the first deadline in the
action now postponed until January 28, 2021; and
WHEREAS, impacts from the COVID‐19 Shelter at the Red Lion Site have created concerns
and identified impacts from neighboring property owners, business owners, residents, tenants,
and visitors regarding the compatibility between the COVID‐19 Shelter and land uses within its
vicinity; and
WHEREAS, this incompatibility became immediately apparent upon the COVID‐19
Shelter’s opening when its operators enclosed the building in security fencing as a measure it
asserted was necessary due to the behavior of its residents and covered the Red Lion hotel’s
signs, making a hotel building located at a primary entrance to the City’s core to appear to be a
vacant and/or cordoned off building; and
WHEREAS, activities of COVID‐19 Shelter residents and the operation and oversight of the
COVID‐19 Shelter have created and continue to create significant public safety and welfare
concerns for the occupants of the COVID‐19 Shelter and surrounding residents, businesses, and
visitors. These public safety and welfare concerns include, but are not limited to dramatically
increased criminal activity, violations of building and fire codes, dramatically increased 9‐1‐1 calls
for emergency services, and threats to the safety of first responders who respond to 9‐1‐1 calls;
and
WHEREAS, the conduct of residents at the COVID‐19 Shelter has led to the Renton
Regional Fire Authority to request police safety escorts to all calls for service that it responds to,
something that does not occur with typical hotel patrons; and
AGENDA ITEM # 9. a)
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WHEREAS, the COVID‐19 Shelter residents are at a high risk for interpersonal conflicts
and many have histories of violence, rule violations, and/or illegal substance use that cause other
shelters to deny them services; and
WHEREAS, the COVID‐19 Shelter operators assert that the incidence of such conflicts
have reduced as a result of deintensifying the distance from which the residents live and interact
with each other. Nevertheless, the number of interpersonal conflicts that include threats and
acts of violence (including arson) remains continually high; and
WHEREAS, repeated incidents of arson and threats of arson have highlighted the
significant risks posed by COVID‐19 Shelter residents’ repeated fire code violations; and
WHEREAS, risks of interpersonal conflicts and the related risks posed to COVID‐19 Shelter
residents and first responders are likely to be reduced by further reducing the number of
residents who are prone to interpersonal conflicts living within the same vicinity; and
WHEREAS, reducing the density of the COVID‐19 Shelter’s occupancy and number of
residents who have contributed to dramatically increased levels of criminal and other unsafe
activity and consistently reacted confrontationally to first responders is likely to improve the
safety of shelter residents, staff, visitors, first responders, and those working, living, and visiting
the surrounding vicinity; and
WHEREAS, in response to the Hearing Examiner’s FOV Decision, the City Council wishes
to legislatively clarify and confirm its policy and interpretation regarding “Hotel,” “Social Service
Organizations,” and “Division Facility / Diversion Interim Service Facility” land uses, to apply city‐
wide; and
AGENDA ITEM # 9. a)
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WHEREAS, the City Council finds that the amended and clarified definition of “Hotel,” as
set forth in Section IX below, clarifies and codifies City Council intent, including adding the WAC
458‐20‐166(3) definition of “transient” to the definition of “Hotel” to mean “for less than one
month, or less than thirty continuous days if the rental period does not begin on the first day of
the month;” and
WHEREAS, the City Council further finds that adding a definition for “Hotel, Extended
Stay,” as set forth in Section IX below, further clarifies and codifies the intent of the City Council;
and
WHEREAS, the City Council further finds that the amended definition of “Social Services
Organizations,” as set forth in Section X below, clarifies and codifies City Council intent, including
confirming that “night shelter” operations are not an allowed component of a Social Service
Organizations land use; and
WHEREAS, the City Council further finds that the amended definition of “Diversion
Facility” and the removal of the definition of “Diversion Interim Service Facility,” as set forth in
Section VIII below, clarifies and codifies City Council intent; and
WHEREAS, the City Council also finds that there is a need to adopt certain related
clarifications to the Renton Municipal Code regarding the unclassified use interpretation process,
the distinctions between “principal” and “accessory” uses, and the title of positions within CED;
and
WHEREAS, the City Council acknowledges that pursuant to the Hearing Examiner’s FOV
Decision, the Renton Municipal Code does not currently allow the COVID‐19 Shelter to operate
within the City’s Commercial Arterial (CA) zoning district; and
AGENDA ITEM # 9. a)
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WHEREAS, therefore, in addition to clarifying the Renton Municipal Code in response to
the Hearing Examiner’s FOV Decision, the City Council has legislatively determined that it will
amend the Renton Municipal Code to add a definition for a “COVID‐19 deintensification shelter”
land use and to allow a single such land use within the City without need for a conditional use
permit, on a short‐term basis coextensive with the effective period of this ordinance and subject
to additional standards and regulations established in this ordinance; and
WHEREAS, City staff has concluded that there are available properties in the City of
Renton in the following zoning designations upon which a COVID‐19 deintensification shelter
could be located after the completion of tenant improvements to the shelter operator’s
satisfaction: Light Industrial (IL), Medium Industrial (IM), Heavy Industrial (IH), Center Village
(CV), and Commercial Office (CO); and
WHEREAS, City staff has not been advised and is unaware that King County, DESC, or RHI
has inquired into or otherwise determined whether a COVID‐19 deintensification shelter could
be located on any properties in the Light Industrial, Medium Industrial, Heavy Industrial, Center
Village, or Commercial Office zones, either with or without tenant improvements, and the
identification and acquisition of one or more such properties could allow the COVID‐19
deintensification shelter to relocate and operate lawfully in an appropriate zone with appropriate
conditions and thus resolve the issues in the pending Renton Shelter Lawsuit and issues over use
of the Red Lion Site as a COVID‐19 deintensification shelter; and
WHEREAS, the City Council wishes to further consider the issue of whether COVID‐19
deintensification shelters may operate within the City of Renton after the effective period of this
ordinance, and it is the City Council’s desire to have City staff further investigate the matter; and
AGENDA ITEM # 9. a)
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WHEREAS, meanwhile, the City Council recognizes that the homelessness crisis in King
County is a serious regional challenge but that it is a regional challenge that predates the COVID‐
19 pandemic; and
WHEREAS, the City Council finds that one of the ways that the City can help combat the
homelessness crisis that predated the COVID‐19 pandemic is to expressly allow for homeless
services land uses within the City and to provide for reasonable regulation of such uses; and
WHEREAS, in response, the City Council has determined to, on an emergency and interim
basis, define “homeless services use” land uses, state the zoning designations in which such land
uses are allowed, and establish regulations to be applied to such uses. During the interim period
in which this ordinance is in effect, it is the City Council’s desire to have City staff further study
options for regulating homeless services uses; and
WHEREAS, the City Council finds that there is a need to adopt this ordinance as an interim
zoning control ordinance on an emergency basis; and
WHEREAS, pursuant to WAC 197‐11‐880, the adoption of this interim zoning ordinance is
exempt from the requirements of a threshold determination under the State Environmental
Policy Act (SEPA), and future permanent zoning regulations shall be reviewed in accordance with
SEPA requirements; and
WHEREAS, the City Council expressly intends that this ordinance be a legislative policy
action which is not a site‐specific or quasi‐judicial action, and the City Council further recognizes
and intends that such legislative action has the effect of mooting the Unclassified Use Request
by King County, RHI, and DESC and mooting the Renton Shelter Lawsuit by creating an allowed
use for the COVID‐19 Shelter that moots the Hearing Examiner’s FOV Decision; and
AGENDA ITEM # 9. a)
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WHEREAS, the City Council expressly intends that procedural and substantive due process
rights be met in the substance and contents of and process of adopting this ordinance; and
WHEREAS, the City Council held a public hearing on November 23, 2020, regarding the
subject matter of this ordinance, and heard oral testimony on the matter and considered written
comments received prior to the public hearing; and
WHEREAS, the City Council encouraged further public input on the subject matter of this
ordinance by keeping the public hearing open until December 1, 2020 at 5:00 PM for the purpose
of receiving additional written comment; and
WHEREAS, the City Council received and considered numerous written comments
submitted by members of the public; and
WHEREAS, in response to public comment, the City Council wishes to clarify that, as
described in the written presentation materials included in the City Council’s November 23, 2020
agenda packet, the City’s intention regarding the timing of this ordinance has been as follows:
November 23, 2020: Public hearing;
December 7, 2020: First reading of the ordinance with revisions that incorporate
feedback from public comments; and
December 14, 2020: Second reading of the ordinance, City Council action on the
ordinance, and effective date of the ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The above recitals are adopted as findings of fact in support of this interim
zoning control ordinance adopted herein pursuant to RCW 35A.63.220 and RCW 36.70A.390 and
AGENDA ITEM # 9. a)
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interpretative and applicable judicial decisions, and are found to be true and correct in all
respects.
SECTION II. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION III. Subsections 4‐2‐050.A, 4‐2‐050.C.4, 4‐2‐050.C.5, and 4‐2‐050.C.6 of the
Renton Municipal Code are amended as shown below. All other provisions in 4‐2‐050 remain in
effect and unchanged.
4‐2‐050 PERMITTED LAND USES ESTABLISHED:
A. CATEGORIES OF USES ESTABLISHED:
This Section establishes permitted, conditional, accessory and prohibited uses,
by zone, for all properties within the Renton City Limits. All uses in a given zone
are one of six (6) types:
PERMITTED USES: Land uses allowed outright within a zone as a principal use.
Permitted uses are distinct from other uses listed separately in RMC 4‐2‐060,
Zoning Use Table – Uses Allowed in Zoning Designations and/or as defined.
CONDITIONAL USES (ADMINISTRATIVE): Land uses which may be permitted
as a principal use within a zoning district following review by the Development
Services Division Director Administrator to establish conditions mitigating impacts
of the use and to assure compatibility with other uses in the district.
CONDITIONAL USES (HEARING EXAMINER): Land uUses with special
characteristics that may not generally be appropriate within a zoning district, but
AGENDA ITEM # 9. a)
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may be permitted as a principal use subject to review by the Hearing Examiner to
establish conditions to protect public health, safety and welfare.
ACCESSORY USES: Uses customarily incidental and subordinate to the a
principal use and located within the same structure as the principal use or
otherwise upon the same lot site occupied by the a principal use or on an
abutting/adjacent lot that is under the same ownership as the principal lot. Some
accessory uses are specifically listed, particularly where a use is only allowed in an
accessory form, whereas other accessory uses are determined by the
Development Services Division Administrator on a case‐by‐case basis per RMC 4‐
2‐050C4 and C6, Accessory Use Interpretations and Unclassified Uses.
PROHIBITED USES: Any use which is not specifically enumerated or
interpreted by the City as allowable in that district. Any use not specifically listed
as a permitted, conditional, or accessory use is prohibited, except those uses
determined to be unclassified and permitted by the Development Services
Division Director Administrator pursuant to RMC 4‐2‐0404‐2‐050C6. Any
prohibited use is illegal and is a misdemeanor punishable under RMC 1‐3‐1,
Penalties.
UNCLASSIFIED USE: A use which does not appear in a list of permitted,
conditionally permitted, or accessory uses, but which is interpreted by the
Development Services Division Director Administrator as similar to a listed
permitted, conditionally permitted or accessory use, and not otherwise
prohibited, pursuant to RMC 4‐2‐050C6, Unclassified Uses.
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B. ZONING USE TABLES ESTABLISHED:
The following tables establish whether a specific use is permitted in a zoning
district and whether the use is allowed as “permitted,” “conditional,” or
“accessory” use. The zone is located on the horizontal row and the specific use is
located on the vertical column of these tables.
C. INTERPRETATION OF ZONING USE TABLES:
1. Legend: The following letters have the following meanings when they
appear in the box at the intersection of the column and the row:
P Permitted Use
AD Conditional Use – Administrative
H Conditional Use – Hearing
Examiner
AC Accessory Use
2. Other Requirements Applicable: The above uses are subject to the
review procedures specified in chapter 4‐9 RMC, Permits – Specific, the
development standards of chapters 4‐3, Environmental Regulations and Overlay
Districts, 4‐4, City‐Wide Property Development Standards, and 4‐6, Street and
Utility Standards, and may be subject to additional conditions as noted in
subsection C3 of this Section. The Aquifer Protection Regulations of RMC 4‐3‐050,
Critical Areas Regulations, further restrict usage of those properties located within
the Aquifer Protection Area Boundary shown in RMC 4‐3‐050Q, Maps.
3. Additional Use‐Related Conditions: If a number also appears at the
intersection of the column and the row, the use is also subject to the additional
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requirements as listed immediately following the use table in RMC 4‐2‐080,
Conditions Associated with Zoning Use Tables. All applicable requirements shall
govern a use whether specifically identified in this Chapter or not.
4. Accessory Use Interpretations: The Development Services Division
Director Administrator mayshall determine if an unclassified use or a classified
use, even if not specifically listed as accessory (AC), is permitted as an accessory
use in a zone. Upon inquiry written application by an applicant, an administrative
interpretation shall be made by the Development Services Division Director
Administrator to determine if a proposed use is allowed as an accessory use
utilizing the rules of interpretation in subsection C4a of this Section. If the
applicant does not concur with the interpretation of whether a use is accessory or
with the permit type applied to a use, appeal may be made pursuant to RMC 4‐8‐
110, Appeals. Interpretations made by the Development Services Division Director
Administrator shall be documented, and updates to Title 4, when consistent with
the title format and level of detail, shall incorporate “accessory use”
interpretations upon approval by the legislative authority.
a. Rules of Interpretation for Accessory Uses: To determine whether
a use is permitted as accessory, the Development Services Division Director
Administrator shall utilize the following rules of interpretation:
i. If a use is allowed or conditionally allowed in a zone as a
“permitted” use, accessory uses associated with the primary use that are
determined to be incidental, necessary and commonly found with the permitted
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use may be allowed with the same permit type as the primary use, unless
specifically stated otherwise.
ii. If a use is permitted or conditionally permitted as a primary use,
subject to location restrictions, the listed use, even as an accessory use, is also
subject to the same location restrictions as the primary use, unless specifically
stated otherwise. For example, if a use is restricted to a location within the
Employment Area (EA) land use designation, then the accessory form of the use is
only permitted in the EA, unless specifically stated otherwise.
iii. Required parking, required site utilities/facilities, and other
development standards required in order to establish or operate a use on a site
according to the RMC are considered accessory.
5. Prohibited Uses: If no symbol appears in the box at the intersection of
the column and the row, the use is prohibited in that district unless otherwise
determined by the Development Services Division Director Administrator,
pursuant to this subsection C6 of this Section, Unclassified Uses, or subsection C4,
Accessory Use Interpretations.
6. Unclassified Uses: Upon inquirywritten application by an applicant, an
administrative interpretation shall be made by the Development Services Division
Director Administrator to determine if a proposed use, not specifically listed, is
allowed utilizing the criteria in subsection C6a of this Section. Should
interpretation be made that a proposed, unlisted use not be allowed in a specific
zoning district, the Director Administrator shall indicate which zones, if any, do
AGENDA ITEM # 9. a)
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permit the use subject to locational restrictions and development standards. If the
Development Services Division Director’s Administrator’s interpretation indicates
that an unlisted use is not consistent with the permitted, conditional or accessory
uses in any district, or if a party does not concur with the permit type applied to a
use, appeal may be made to the City’s Hearing Examiner pursuant to RMC 4‐8‐
110, Appeals. Interpretations made by the Development Services Division Director
Administrator shall be documented, and updates to Title 4 shall be updated , when
consistent with the title format and level of detail, shallto incorporate respond to
“unclassified use” interpretations upon approval by the legislative authoritymade
by the Administrator.
a. Criteria for Unclassified Uses: In order to make a determination that
an unclassified use is permitted, conditionally permitted or accessory, the
Development Services Division Director Administrator must find that the use is:
i. In keeping with the purpose and intent of the zone, and
consistent with the Renton Comprehensive Plan policies and other adopted plans
as may be applicable; and
ii. Similar in nature to, and no more intense than, a specifically
listed permitted, conditional or accessory use; and
iii. Consistent with subsection C4 of this Section, if determined to
be permissible as an accessory use.
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7. Use Table Conflicts: In the event of a conflict between RMC 4‐2‐060, the
Master Zoning Use Table and any other individual zoning use tables, RMC 4‐2‐
070A through 4‐2‐070S, the provisions of RMC 4‐2‐060 shall have priority.
8. Existing Legal Nonconforming Uses: Where the term “existing” follows
a listed use type within the table(s) (e.g., horticulture nurseries, existing), then
those who can document that their nonconforming uses were legal at the time
the nonconforming uses were established will be permitted to continue those
nonconforming uses and given all the rights of other permitted uses within the
district. In addition, these uses may be rebuilt “as is, where is” should they suffer
damage. These uses may be remodeled without limitation on value and may be
enlarged subject to current code requirements (e.g., height limits, lot coverage,
density limits, setbacks, parking, etc.), unless otherwise specifically conditioned in
RMC 4‐2‐080.
SECTION IV. Subsection 4‐2‐060.G of the Renton Municipal Code is amended by
modifying one row and adding two rows, and 4‐2‐060.K of the Renton Municipal Code is
amended by adding one row, all as shown in Attachment A. All other provisions in 4‐2‐060 remain
in effect and unchanged.
SECTION V. Subsections 4‐2‐080.A.71 and 4‐2‐080.A.101 of the Renton Municipal Code
are amended as shown below. All other provisions in 4‐2‐080.A remain in effect and unchanged.
71. Specified use(s) are only allowed south of I‐405. Diversion facilities
shall be limited to serving no more than one hundred (100) individuals at any time.
AGENDA ITEM # 9. a)
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101. Reserved.As many as one (1) COVID‐19 deintensification shelter
may operate within the City of Renton without obtaining a conditional use permit
to operate as a Homeless Services Use. The following applies to a COVID‐19
deintensification shelter operating pursuant to this exemption from the conditional
use permit requirements that would otherwise apply to a Homeless Services Use:
a. After June 1, 2021, the COVID‐19 deintensification shelter shall not serve
more than one hundred twenty‐five (125) persons at any time; and
b. The COVID‐19 deintensification shelter shall cease operations no later
than January 1, 2022, after which date the COVID‐19 deintensification shelter will
be unlawfully operating if it does not hold a valid conditional use permit for a
Homeless Services Use and is not operating in a location in which Homeless
Services Uses are allowed.
SECTION VI. Chapter 4‐4 RMC of the Renton Municipal Code is amended to add Section
4‐4‐045, Homeless Services Use, to read as shown below.
4‐4‐045 HOMELESS SERVICES USE:
A. PURPOSE:
The purpose of this Section is to provide zoning and land use regulations for
homeless services uses that are proposed to or that do primarily provide shelter
to one or more populations of people experiencing or transitioning from
homelessness.
B. APPLICABILITY:
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This Section applies to all homeless services uses, except as expressly set forth
in this Section. This Section does not apply to:
1. Uses allowed under a Temporary Use Permit issued pursuant to the
terms of RMC 4‐9‐240, Temporary Use Permits; and uses temporarily allowed
pursuant to RMC 4‐2‐060.G and 4‐2‐080.A.101 (including a COVID‐19
deintensification shelter);
2. Religious organizations hosting the homeless within buildings on their
property under the terms of RCW 35A.21.360 (Hosting the homeless by religious
organizations – When authorized – Requirements – Prohibitions on local actions);
3. Social service organizations; and
4. Unrelated individuals living together as a “family” pursuant to the
definition contained in RMC 4‐11‐060.
C. DEFINITIONS:
1. Definitions Applicable to Terminology Used in This Section: See also
Definitions in RMC chapter 4‐11.
a. “Code of conduct” is an agreement on rules of behavior between
occupants of a homeless services use and operators and providers offering a
homeless services use at a specific location. The code of conduct is intended to
protect the health, safety, and welfare of the occupants and employees of the
homeless services use, and the surrounding residents and businesses.
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b. “Funder” means any person, partnership, corporation, or other
organization of any kind that provides funding to establish, construct, or operate
a homeless services use.
c. “Good neighbor agreement (GNA).” Reserved.
d. “Homeless services use.” See definition in RMC 4‐11‐080.
e. “Homelessness” refers to the state of a person or group of persons
who lacks a fixed, regular, and adequate nighttime residence, meaning: (i) Has a
primary nighttime residence that is a public or private place not meant for human
habitation; (ii) Is living in a publicly or privately operated shelter designated to
provide temporary living arrangements (including congregate shelters,
transitional housing, and hotels and motels paid for by charitable organizations or
by federal, state, and local government programs); or (iii) Is exiting an institution
where (s)he/it has resided for ninety (90) days or less and who resided in an
emergency shelter or place not meant for human habitation immediately before
entering that institution.
f. “Operator” means any person, partnership, business, corporation,
or other organization of any kind that proposes to site and operate or does
operate a homeless services use in the City.
g. “Provider” means any person, partnership, business, corporation,
or other organization of any kind that provides supportive services to a homeless
population accessing a homeless services use.
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h. “Safety and security plan” refers to a plan developed by the
operator and updated to reflect input provided by the Renton Police Department
to address security concerns regarding a homeless services use that is proposed
at a specific location.
i. “Standard operating procedures” refer to a plan developed by the
operator that addresses the elements required by subsection F.2.e of this Section.
The elements contained in the standard operating procedures plan would
generally be applicable to all homeless services uses in Renton irrespective of
where they are proposed to be located.
j. “Supportive services” are those provided to occupants of a homeless
services use for the purpose of facilitating their independence and include, but are
not limited to, services such as case management, food or meals, medical
treatment, psychological counseling, childcare, transportation, and job training.
D. APPROVAL PROCESS REQUIRED: A homeless services use requires a
conditional use permit, approved by a Hearing Examiner and processed pursuant
to the provisions of RMC 4‐9‐030 and the provisions of this Section.
E. PRE‐APPLICATION PROCESS:
1. Pre‐application Materials: Shall be submitted to the Department
pursuant to RMC 4‐8‐100 before a permit application for a homeless services use
may be filed. In addition to standard pre‐application submittal (see RMC 4‐8‐
100.A), materials for homeless services uses pre‐applications shall include:
a. Name of the operator;
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b. Statement of experience operating the type of homeless services
use that is proposed or any other relevant experience;
c. Statement of homeless population to be served and occupancy
target for each homeless services use proposed;
d. Data provided by the applicant describing the extent to which the
proposed homeless population requires shelter and/or supportive services;
e. Whether the applicant intends to seek funding for the proposed
homeless services use from the City or from a regional coalition for housing;
f. Demonstrated experience of the operator at running successful
homeless services for the homeless population that is intended to be served;
g. The draft safety and security plan that has undergone preliminary
review and incorporated feedback from the Renton Police Department; and
h. Any additional documentation submitted by the applicant for the
pre‐application meeting and written public comments received on the proposal
through completion of the pre‐application neighborhood meeting required by
subsection E.2 of this Section.
2. Pre‐application Neighborhood Meeting: Prior to submittal of pre‐
application materials, the applicant shall hold a public informational meeting
pursuant to RMC 4‐8‐090.A, Neighborhood Meetings. The purpose of this meeting
is to provide an early, open dialogue between the applicant, the operator, and
property owners surrounding the proposed homeless services use. The meeting
should acquaint the surrounding property owners with the operator and provide
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for an exchange of information about the proposal and the community where the
use is proposed to be located. The operator shall share information regarding its
intended permit application (e.g., the draft standard operating procedures, draft
code of conduct, and draft safety and security plan) for the proposed homeless
services use. The surrounding property owners should share characteristics of the
surrounding community and any issues or concerns of which the operator should
be made aware. Notice of the neighborhood meeting shall be provided by the
Administrator pursuant to the requirements of RMC 4‐8‐090.A, Neighborhood
Meetings.
3. Pre‐application Site Inspection by the City: If the applicant proposes to
use an existing structure to house a homeless services use, a pre‐application site
inspection by City staff shall be required. The applicant shall allow for an
inspection of the structure proposed to house a homeless services use by staff
representatives of the Community Services Department, the Department’s
Planning Division, the Building Official, the Police Department, and the Fire
Marshal. The purpose of the inspection is to preliminarily determine if the facility
meets the Building and Fire Code standards for the proposed use. The purpose of
this inspection is not to ensure that a facility meets the requirements of this Code
or to force an applicant to bring a proposed facility up to applicable standards
prior to project approval. The inspection is intended to inform the applicant, the
operator, the City, the underlying property owner, and the public of applicable
building modifications that would be necessary to establish a homeless services
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use prior to making an application. Code deficiencies that are not discovered or
recognized during this inspection shall not excuse the applicant from later
compliance with all applicable City, County, State, and Federal law requirements.
F. SUBMITTAL REQUIREMENTS:
1. An applicant seeking to establish a homeless services use is required to
submit application materials that meet the submittal requirements for a
conditional use permit as required by RMC 4‐8‐120.
2. In addition to the applicable conditional use permit submittal
requirements identified in subsection F.1 of this Section, information identified in
this subsection shall also be included with the permit application. An application
that does not contain the information listed in this subsection shall not be
considered complete. All applications for homeless services use shall include the
following:
a. A description of the homeless population to be served by the
proposed homeless services use, dates and times of operation, and associated
occupancy targets.
b. A statement of the operator’s experience at providing homeless
services, including examples of similar facilities managed by the operator.
c. A list of transit stops and park and rides within one‐half (0.5) mile of
the proposed homeless services use.
d. A list of job retraining and education uses within one‐half mile (0.5)
of the proposed homeless services use.
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e. A standard operating procedures plan including, but not limited to:
i. A description of how the proposed homeless services use will
serve the homeless population that will be accommodated by the use;
ii. A description of staffing for the proposed homeless services use
based on anticipated population size and needs and the training provided to staff
hired to fulfill the identified staffing demand;
iii. A description of the anticipated providers that will serve the
population that will be accommodated by the homeless services use;
iv. A description of the known funders for the homeless services
use;
v. A description of the procedures used to manage intake of the
homeless population that is proposed to be served;
vi. A plan for encouraging prospective occupants to provide
personal identification for inclusion in the Homeless Management Information
System (HMIS) to help increase opportunities to provide access to housing and
services and to secure public funding for the proposed homeless services use;
vii. Where appropriate and feasible, a plan for developing a
community service model that is tailored to the homeless population to be served
at the location where the homeless services use is proposed to be located. A
community service model is intended to provide a framework for persons
experiencing homelessness to work volunteer service hours within the scope of
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their ability in the community where they are receiving support from a homeless
services use;
viii. Where applicable, a plan to ensure that school‐aged residents
of the use are enrolled in school during their stay;
ix. Identification of a primary point of operator contact for
assistance and referrals to send homeless individuals seeking services;
x. A plan for managing exterior appearance of the proposed
homeless services use, including trash/litter, hazardous materials, and biohazards
on the property of the use and surrounding sidewalks;
xi. A description of how the operator will inform and educate
occupants of the homeless services use regarding the code of conduct; and
xii. A description of consequences to be imposed for violating the
code of conduct.
f. A code of conduct that applies within the homeless services use site
to all individuals granted access to the proposed homeless services use including,
but not limited to:
i. Respect the rights of property owners to restrict access to areas
of their property that are not open to the public;
ii. Maintain the site in a safe and habitable condition;
iii. Do not possess or use illegal substances;
iv. Respect state law restrictions on smoking and use designated
smoking areas where provided; and
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v. Comply with City of Renton regulations governing public
conduct (including but not limited to the prohibition on public camping, loitering,
trespassing, littering, creating a nuisance, etc.).
g. A safety and security plan describing measures that the operator
will employ to promote the safety of shelter occupants and surrounding residents
and businesses, including but not limited to:
i. Criteria for rejection or removal of an individual seeking access
to the proposed homeless services use;
ii. A plan for deployment (including time, place and manner) of
security patrols;
iii. A plan to address disruptive behavior exhibited by clients of the
homeless services use provider within a homeless services use and its site that
infringes on the safety of occupants or employees of the use, and a description of
the consequences for engaging in disruptive behavior;
iv. A plan for preventing loitering, creating a nuisance, and
unpermitted camping associated with the homeless services use;
v. Implementation of registered sex offender background checks
and compliance with applicable registration and notification requirements;
vi. A plan for managing individuals excluded from accessing the
proposed homeless services use;
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vii. A plan for coordination between the operator, public safety
officers (e.g., police, fire, etc.), and any private security forces employed by
surrounding property and business owners to ensure timely information sharing;
viii. Provision of a phone number, email address, and point of
contact at the site of the proposed homeless services use for the community to
report concerns;
ix. A plan for addressing reported concerns and documenting
resolution, and sharing this information with relevant neighbors, as applicable to
the concern; and
x. Identification of performance metrics that will be used to track
compliance with the safety and security plan.
h. Neighborhood meeting materials, for both the Pre‐application
Neighborhood Meeting and the Neighborhood Meeting, as required by RMC 4‐8‐
120.
G. GOOD NEIGHBOR AGREEMENT PROCESS REQUIRED: Reserved.
H. CITY APPROVAL REQUIREMENTS FOR HOMELESS SERVICES USES:
1. Applicability of City Review Process: A homeless services use requires
approval of a conditional use permit by a Hearing Examiner. The conditional use
permit shall be reviewed pursuant to RMC 4‐9‐030 as enhanced by the provisions
of this Section.
2. Decision Criteria Applicable to Conditional Use Permits for a Homeless
Services Use: The City may deny, approve, or approve with conditions a
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conditional use permit application for a homeless services use if the applicant
demonstrates that:
a. The proposal complies with the conditional use permit decision
criteria of RMC 4‐9‐030.D;
b. The proposal complies with the applicable requirements of the
RMC;
c. The proposal includes a standard operating procedures plan
meeting the requirements of subsection F.2.e of this Section;
d. The proposal includes a code of conduct meeting the requirements
of subsection F.2.f of this Section;
e. The proposal includes a safety and security plan meeting the
requirements of subsection F.2.g of this Section and incorporating the feedback
provided by the Renton Police Department; and
f. The proposal addresses all applicable design guidelines and
development standards of this Section and any applicable land use district overlay
in a manner which fulfills their purpose and intent.
3. Minimum required notice and public engagement procedures for
homeless services uses shall include the following:
a. Notice of the pre‐application neighborhood meeting shall be provided
pursuant to RMC 4‐8‐090.A;
b. A neighborhood meeting shall be held pursuant to RMC 4‐8‐090.A on
all applications to establish a homeless services use. Prior to the neighborhood
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meeting, the operator shall meet and confer with the Renton Police Department
regarding the proposed safety and security plan described in the submittal
materials as required by subsection F.2.g of this Section. At the neighborhood
meeting, a representative of the homeless services use operator shall present in
writing and describe the proposed safety and security plan, and any input or
comments received on the plan from the Renton Police Department.
c. Notice of an application to establish any homeless services use shall be
provided pursuant to RMC 4‐8‐090;
4. Administrator’s Recommendation:
a. A written report of the Administrator shall be prepared in response
to the approval criteria and public comment.
b. Notice of Availability of the Administrator’s Recommendation:
Notice of the availability of the Administrator’s recommendation shall be provided
pursuant to RMC 4‐8‐090.
5. Modifications to a Homeless Services Use: Conditions of approval for
a homeless services use apply for the life of the project. Any increase in the
number of beds beyond that applied for by the applicant and included in the City
approval, or changes to the population served by the homeless services use, shall
be considered a major modification and processed as a new application.
I. DEVELOPMENT STANDARDS/USE REQUIREMENTS:
1. General Development Requirements: The applicable general
development requirements of the zone shall be met unless specifically modified
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by the terms of this Section when applied to a homeless services use. If there is a
conflict between applicable general development requirements of the zone and
the terms of this Section when applied to a homeless services use, the terms of
this Section shall apply.
2. Parking Requirements: In addition to the terms of RMC 4‐4‐080, the
following requirements apply to all homeless services uses:
a. Number of Parking Stalls: Homeless services uses are unspecified
under the terms of RMC 4‐4‐080.F.10.d, and required parking stalls shall be
established by the Administrator and approved by the Hearing Examiner.
b. Overnight Camping is Prohibited: Camping is prohibited in areas
that provide accessory parking for the homeless services use.
3. Occupancy Limits and Size‐Related Development Standards:
a. All homeless services uses shall comply with occupancy limitations
contained in applicable building and fire codes and ordinances adopted by the
City.
b. In addition to compliance with subsection I.3.a of this Section,
overnight shelter uses shall not provide sleeping accommodations for more than
one hundred (100) residents, and shall comply with the following additional
requirements:
i. The City shall impose a condition on any approved overnight
shelter use limiting the number of beds to those requested by the applicant or one
hundred (100), whichever is less.
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ii. Shelters shall locate greater than one‐half (0.5) mile from any
other homeless services use, unless they are co‐located as part of a single
development and do not serve more than a combined one hundred (100)
residents.
iii. Shelters with more than fifty (50) beds should locate within one
(1) mile of a public transit stop.
4. Minimum Requirements:
a. Homeless Services Uses in General:
i. Toilet, bathing, sleeping, laundry, and storage facilities to meet
the demands anticipated by the homeless services use provider.
ii. Access to WiFi for occupants of the homeless services use.
iii. Designated smoking areas located a minimum of twenty‐five
feet (25’) from perimeter property lines with appropriate cigarette disposal
facilities.
iv. Staffing provided during operating hours for each homeless
services use.
v. Designated and dignified privacy areas to meet the needs of the
anticipated homeless population that is proposed to be served (e.g., lactation
rooms, medical/counseling rooms, caseworker consultation spaces, etc.).
vi. A permanent address to meet the needs anticipated by the
homeless services use provider.
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viii. A final safety and security plan updated after and comments
have been received on the plan from the Renton Police Department.
b. Day Shelter Use: Access to electrical outlets to meet the demands
anticipated by the homeless population that is proposed to be served.
c. Overnight Shelter Use:
i. Overnight sleeping accommodations that do not exceed one
hundred (100) beds.
ii. A dedicated electrical outlet for every occupant of a bed.
J. ADDITIONAL DESIGN REQUIREMENTS:
1. Crime Deterrence: The design of any homeless services use shall
incorporate Crime Prevention Through Environmental Design (CPTED) principles
and use available technology to deter crime. Examples may include:
a. Visibility of entrance and exit points to and from any structure
housing a homeless services use;
b. Open and well‐lighted pedestrian connections between the
homeless services use, accessory parking, transit services and other supportive
services in the area; and
c. Video surveillance of entrance and exit points to and from any
structure housing a homeless services use.
2. Common Areas: Common areas shall be provided to enhance resident
enjoyment through inclusion of features such as libraries, roof decks, patios, and
gardens.
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K. MITIGATION MEASURES:
The City may impose conditions relating to the development, design, use, or
operation of a homeless services use to mitigate environmental, public life, safety,
or welfare, or other identifiable impacts.
L. INDEPENDENT TECHNICAL REVIEW:
The applicant shall pay for independent technical review by a consultant
retained by the City for review of materials submitted by the applicant to
demonstrate compliance with the requirements of this Section.
SECTION VII. The definition of “COVID‐19 Deintensification Shelter” is added in
alphabetical order to Section 4‐11‐030 of the Renton Municipal Code as shown below. All other
definitions in Section 4‐11‐030 remain in effect and unchanged.
COVID‐19 DEINTENSIFICATION SHELTER: A facility (whether a separate structure,
or situated inside or outside a building or a portion of a building) used for the
relocation of homelessness shelters and encampments for the purposes of de‐
intensifying or reducing density in response to the novel coronavirus (COVID‐19)
pandemic. A COVID‐19 Deintensification Shelter that meets the definition of a
Homeless Services Use – Overnight Shelter is both a COVID‐19 Deintensification
Shelter and a Homeless Services Use – Overnight Shelter.
SECTION VIII. The definition of “Diversion Facility” in Section 4‐11‐040 of the Renton
Municipal Code is amended and the definition of “Diversion Interim Service Facility” in Section 4‐
11‐040 of the Renton Municipal Code is removed, as shown below. All other definitions in Section
4‐11‐040 remain in effect and unchanged.
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DIVERSION FACILITY: A facility which that provides community crisis services,
whereby inpatient healthcare for individuals that are self‐admitted or ordered,
diverted, or referred from jails, hospitals, doctors or other similar treatment
facilities or professionals, or by first responders, including law enforcement,
hospital emergency department social workers, and similar professionals. options
due to mental illness or chemical dependency. Services may include an array of
inpatient healthcare treatment and support services including but not limited to
screening and assessment, psychological counseling, case management, crisis
management, detox services, substance use and trauma‐related treatment
services, behavioral/mental health care, medical isolation, care, or treatment,
counseling, respite services, and various levels of accommodations for sleeping
purposes. Some outpatient healthcare services may be provided. Not included in
this definition are congregate residences, assisted living facilities, adult family
homes, group homes, convalescent centers, social service organizations, or
homeless services uses.
DIVERSION INTERIM SERVICE FACILITY: A facility which provides interim or
respite services, such as temporary shelter, medical/mental health treatment,
case management or other support options such as transportation arrangements
for patients referred to such a facility from a diversion facility.
SECTION IX. The definition of “Hotel” in Section 4‐11‐080 of the Renton Municipal Code
is amended as shown below. The definitions of “Homeless Services Use” and “Hotel, Extended‐
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Stay” are added in alphabetical order to Section 4‐11‐080 of the Renton Municipal Code as shown
below. All other definitions in Section 4‐11‐080 remain in effect and unchanged.
HOMELESS SERVICES USE: A day shelter or overnight shelter 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 includes but is not limited to 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. Overnight Shelter: Any facility that is operated for a long‐term and indefinite
period (and not in response to a single sudden event such as a natural disaster)
for the primary purpose of providing shelter for people experiencing
homelessness in general or for specific populations of people experiencing
homelessness. Supportive services may or may not be provided in addition to the
provision of shelter. A COVID‐19 deintensification shelter meeting this definition
is a Homeless Services Use – Overnight Shelter.
HOTEL: A building or portion thereof designed or used wherein a majority of the
net floor area is dedicated for the rental of rooms for transient occupancy rental
for sleeping purposes in exchange for payment, and typically based on a per night
and per room basis for no more than thirty (30) continuous days and not meeting
the definition of Homeless Services Use. For the purposes of this definition,
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“transient” means less than one (1) month, or less than thirty (30) continuous days
if the rental period does not begin on the first day of the month. Hotel structures
are at least two (2) stories in height, with lodging space generally above the first
floor. Lodging space may also be located on the first floor. Individual rooms are
typically accessed from a common hallway and include permanent provisions for
sanitation but do not provide kitchen facilities. A central commercial kitchen and
dining room catering to the hotel patrons may be provided, event space, eating
and drinking establishments, and accessory shops and services typically located in
or provided by hotels and catering to the general public may be provided. Not
included in this definition are facilities providing crisis intervention or case
management or both, multi‐family attached dwellings, bed and breakfasts, or
motels.
HOTEL, EXTENDED‐STAY: A building or portion thereof for rental of rooms with
permanent provisions for living, eating, sanitation, and cooking for temporary
occupancy without limits on duration. Extended‐stay hotel structures are at least
two (2) stories in height, with lodging space generally above the first floor, and not
meeting the definition of a Homeless Services Use. Lodging space may also be
located on the first floor. Individual rooms accessed from a common hallway. A
commercial kitchen and dining room catering to the extended‐stay patrons may
be provided; event space, eating and drinking establishments, and accessory
shops and services typically located in or provided by hotels or extended‐stay
hotels and catering to the general public may be provided. Not included in this
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definition are facilities providing crisis intervention or case management or both,
attached dwellings, bed and breakfasts, hotels, or motels.
SECTION X. The definition of “Social Service Organizations” in Section 4‐11‐190 of the
Renton Municipal Code is amended as shown below. All other definitions in Section 4‐11‐190
remain in effect and unchanged.
SOCIAL SERVICE ORGANIZATIONS: Public or nonprofit agencies that provide
counseling, therapy, job training, educational classes, food banks, clothing banks,
or other social or human services to persons needing such services due to physical,
mental, emotional, or other disabilities, but do not provide crisis intervention, day
or night shelter, or case management. Also, public or nonprofit agencies that
provide public services such as food banks, clothing banks, day shelters, and job
training centers. This does not include religious institutions, offices, government
facilities, schools, hospitals, clinics, day care, homeless services uses, medical
institutions, diversion facilities, lodging in any form, or residential uses.
SECTION XI. The interim zoning controls imposed herein shall be in effect for six (6)
months from the passage of this ordinance, unless ended earlier by subsequent City Council
action, or unless subsequently extended by the City Council pursuant to state law.
SECTION XII. During the interim period in which these interim zoning controls are in
effect, City staff are directed to further investigate:
(1) The matter of COVID‐19 deintensification shelters and what further zoning and land
use regulation, if any, of such uses the City should undertake; and
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(2) The matter of homeless services uses and what further zoning and land use regulation,
if any, of such uses the City should undertake.
City staff should present to the City Council for its consideration an update regarding
these two matters prior to the expiration of the interim zoning controls established in this
ordinance, as well as any further recommended legislation.
SECTION XIII. 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 XIV. The City Council declares an emergency for the protection of the public
welfare and to enable the purpose and intent of this ordinance to be accomplished. This
ordinance shall take effect immediately when passed by the City Council. The City Clerk shall
cause to be published 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 _______ day of ___________________, 2020.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2020.
Armondo Pavone, Mayor
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Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2120:12/3/2020
AGENDA ITEM # 9. a)
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ORDINANCE NO. ________ 44 ATTACHMENT A 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 G. OTHER COMMUNITY AND PUBLIC FACILITIES Diversion facility and diversion interim service facility H71 H71 Homeless services use H H H H H COVID‐19 deintensification shelter P101 P101 P101 P101 P101 P101 K. SERVICES Hotel, extended‐stay P29 P29 P29 P29 P AGENDA ITEM # 9. a)LR - 000749