HomeMy WebLinkAboutCity Council Regular Meeting - 14 Dec 2020 - Agenda - Pdf
CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, December 14, 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. Audience comments will be accommodated through Zoom, but the public is
requested to sign up for such testimony by calling 425-430-6501 or emailing
cityclerk@rentonwa.gov or jmedzegian@rentonwa.gov by 10 a.m. on the day of the meeting.
The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m. on the
day of the meeting.
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)
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 providing audience comments 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.
1. CALL TO ORDER
2. ROLL CALL
3. ADMINISTRATIVE REPORT
4. 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.
5. 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 December 7, 2020.
Council Concur
LR - 000799
b) AB - 2776 Mayor Pavone appoints the following individuals to the Renton Airport
Advisory Committee: Jeanne DeMund to the Kennydale Neighborhood primary position
(moving Ms. DeMund from the Kennydale Neighborhood alternate position) for a term
expiring May 7, 2024; and appoints Marcie Palmer to the Kennydale Neighborhood
alternate position for an unexpired term expiring on May 7, 2023.
Refer to Transportation (Aviation) Committee
c) AB - 2778 Community & Economic Development Department recommends approval of
the 2021 Lodging Tax Fund allocations in the total amount of $421,500.
Council Concur
d) AB - 2777 Community Services Department recommends approval of Amendment 1 to
CAG-20-101 with McKinstry Essention, in the amount of $2,407,491 for the Renton City
Hall - Phase 2 Improvements project.
Refer to Finance Committee
e) AB - 2775 Public Works Transportation Systems Division requests approval to execute
three agreements (when final), with the The Boeing Company: 1) Permanent Easement
Agreement in the amount of $640,000; 2) Temporary Construction Easement in the
amount of $188,546.95; and 3) The Boeing Compensation Agreement for Park Avenue
North Extension in the amount of $1,355,481, with the total compensation to The Boeing
Company for the Park Avenue North Extension project set at $2,184,027.95.
Refer to Committee of the Whole
f) AB - 2774 Public Works Transportation Systems Division submits CAG-14-151, SW Grady
Way Overlay project, with Lakeside Industries, Inc., and request acceptance of the project
and release of the contract bond after 60 days, once all State approvals are received.
Council Concur
6. 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, Bad Debt Write-off, Lobbyist Contract - Levy, Cedar River
Trail Relocation
b) Transportation Committee: BHC Lease Amendment, Airport
c) Utilities Committee: Green Stormwater Contract Amendment - Osborn, Monroe Av
Improvement Contract Amendment - Otak
7. LEGISLATION
Ordinances for second and final reading:
a) Ordinance No. 5996: Emergency Ordinance Interim Zoning Controls - Homeless Shelters.
(NOTE: Proposed Ordinance 5996 attached to the 12/14/2020 Agenda Packet has been
revised since first reading occurred on 12/7/2014)
b) Ordinance No. 5998: #D-176 Self-Service Storage in Commercial Zones (Docket 15,
Group B) (First Reading 12/7/2020)
c) Ordinance No. 5999: #D-178 Standalone Solar Structures (Docket 15, Group B) (First
Reading 12/7/2020)
LR - 000800
d) Ordinance No. 6000: #D-179 CD Zone Changes (Docket 15, Group B) (First Reading
12/7/2020)
e) Ordinance No. 6001: #D-180 Vesting Regulations (Docket 15, Group B) (First Reading
12/7/2020)
f) Ordinance No. 6002: #D-181 Accessory Dwelling Unit (Docket 15, Group B) (First Reading
12/7/2020)
g) Ordinance No. 6003: #D-182 SEPA Appeal Process (Docket 15, Group B) (First Reading
12/7/2020)
h) Ordinance No. 6004: #D-183 Other Government Uses (Docket 15, Group B) (First Reading
12/7/2020)
i) Ordinance No. 6005: 2020 Comprehensive Plan Amendments (First Reading 12/7/2020)
j) Ordinance No. 6006: 19-M-01 900 Lind Ave Rezone (First Reading 12/7/2020)
k) Ordinance No. 6007: 19-M-02 Zoning and Land Use Reconciliation (First Reading
12/7/2020)
l) Ordinance No. 6008: 19-M-03 Benson, Upland Group Rezone (First Reading 12/7/2020)
m) Ordinance No. 6009: 1300 Bronson Way Street Vacation (VAC-20-001) (First Reading
12/7/2020)
8. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
9. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 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
LR - 000801
December 7, 2020 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES ‐ City Council Regular Meeting
7:00 PM ‐ Monday, December 7, 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
Ed VanValey, Interim Chief Administrative Officer
Shane Moloney, City Attorney
Jason Seth, City Clerk
Julia Medzegian, Council Liaison
Kristi Rowland, Organizational Development Manager
Chip Vincent, Community & Economic Development Administrator
Martin Pastucha, Public Works Administrator
Jan Hawn, Administrative Services Administrator
Ellen Bradley‐Mak, Human Resources and Risk Management Administrator
Kelly Beymer, Community Services Administrator
Kari Roller, Fiscal Services Director
Vanessa Dolbee, Planning Director
Ron Straka, Public Works Utilities Systems Director
Melissa Day, Administrative Assistant – Police Department
AGENDA ITEM #5. a)
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December 7, 2020 REGULAR COUNCIL MEETING MINUTES
Commander Dan Figaro, Police Department
(All City staff attended remotely except City Clerk Seth)
PROCLAMATION
a) Mental Health Awareness Month: A proclamation by Mayor Pavone was read declaring
December 2020 to be Mental Health Awareness Month in the City of Renton, encouraging all
members of the community to fight the stigma of and provide support for mental illness.
Pastor Kacey Hahn accepted the proclamation with appreciation.
MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
PUBLIC HEARING
a) Emergency ORD – Interim Zoning Controls: 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 an Emergency Ordinance for amending and extending Interim
Zoning Controls for Economic Recovery related to revocable permits and signs.
Assistant Planner Brittany Gillia reported that Emergency Ordinance 5974 was adopted on
July 13, 2020 and explained that the ordinance established an interim zoning control to
temporarily allow “Economic Recovery Right‐of‐Way Use Permits” and “Economic Recovery
signs” until December 31, 2020 or when King County enters Phase 4 of the Governor’s Safe
Start Plan. She reported that:
Interim zoning controls are proposed to be extended until June 7, 2021 or until King
County enters Phase 4 of the Governor's Safe Start Plan, whichever occurs first;
"Economic Recovery Right‐of‐Way Use Permits" issued as part of Ordinance No. 5974
and remain valid through December 7, 2020 are proposed to be extended to coincide
with the new expiration period;
Additionally, a new statement that parklets that are "pre‐fabricated and engineered"
as well as parklets without structural components are within the scope of Economic
Recovery Revocable Right‐of‐Way permits;
Required Temporary Use Permits for businesses wishing to temporarily expand into
an adjacent tenant space are proposed to be waived;
A limited number of short‐term parking stalls are proposed to be established for
curbside pick‐up to go orders within the Center Downtown (CD) zone;
City Center Parking Garage fees are proposed to be waived for parking periods up to
ten (10) hours
Continuing, Ms. Gillia reported:
The ongoing presence of COVID‐19 is affecting businesses;
There is a continued need for economic recovery mitigation measures to assist
businesses;
The City is encouraging parklets and pre‐fabricated outdoor spaces as an
approach to furthering economic recovery;
AGENDA ITEM #5. a)
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December 7, 2020 REGULAR COUNCIL MEETING MINUTES
Increasing the number of parking stalls within the CD zone may assist
struggling businesses;
Any business within City limits may apply for an "Economic Recovery Right‐of‐
Way Use Permit"
Concluding, Ms. Gillia displayed several photographs depicting pre‐fabricated and non‐
structural examples of parklets, and recommended that Council adopt the ordinance
extending and amending economic recovery permits and signs.
Mayor Pavone invited public testimony:
Jon Glenn, Renton, speaking on behalf of the Renton Downtown Partnership,
urged Council to adopt the ordinance. He also invited Council to the "Shout
Out to Santa" event occurring December 12, 19, and 20 at 4 p.m. in the Cugini
parking lot.
There being no further comments or discussion, it was
MOVED BY CORMAN, SECONDED BY O'HALLORAN, COUNCIL CLOSE THE PUBLIC
HEARING. CARRIED.
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:
The Renton Airport Advisory Committee accepts applications on an ongoing basis for
all membership positions. The Committee currently has vacancies for positions
representing the following neighborhoods:
• Benson Hill (primary position)
• Benson Hill (alternate position)
• West Hill (alternate position)
• South Renton (alternate position)
• Highlands (alternate position)
For questions, please call 425‐430‐7394 or email us at rentonairport@rentonwa.gov.
If interested, please visit our website at http://rentonwa.gov/bcc to apply online or
download a PDF version of the application.
The Public Works Department would like to remind residents to help us prevent local
residential street flooding by monitoring catch basins near your home and keeping
them clear of leaves and other debris. Street sweepers are dispatched daily to clean
up debris along major arterials.
Cold weather is on the way. The Public Works Department will be applying deicer to
major arterials as needed. Snow is not far away. During snow events, it is imperative
that motorists do not park or abandon their vehicles within any portion of the traffic
lanes. Abandoned vehicles impair snow and ice removal, impact response of
emergency vehicles, and may be towed. Please remember that during snow and ice
events the department sanders and snowplows are dispatched to keep major arterials
AGENDA ITEM #5. a)
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December 7, 2020 REGULAR COUNCIL MEETING MINUTES
drivable. Visit our website at www.rentonwa.gov/snowroutes to view our deicing and
snow route maps.
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
Dr. Nancy Connelly, Seattle, stated she works at the Red Lion Inn and urged Council to
not pass Emergency Ordinance No. 5996 ‐ Interim Zoning Controls ‐ Homeless
Shelters.
Dr. Russell Berg, Seattle, spoke in favor of the Red Lion Inn and urged Council not to
pass Emergency Ordinance No. 5996 ‐ Interim Zoning Controls ‐ Homeless Shelters.
Michael and Zach Wildman, Renton, stated they feel unsafe in their neighborhood
which is blocks away from the Red Lion Inn, and urged Council to adopt Emergency
Ordinance No. 5996 ‐ Interim Zoning Controls ‐ Homeless Shelters.
April Berry, Renton, stated that she is a current resident at the Red Lion Inn and
shared a story of how staying there has helped her. She urged Council not to adopt
Emergency Ordinance No. 5996 ‐ Interim Zoning Controls ‐ Homeless Shelters.
Gabriella Duncan, Renton, shared her experiences as a homelessness advocate and
documentarian, and urged Council not to adopt Emergency Ordinance No. 5996 ‐
Interim Zoning Controls ‐ Homeless Shelters.
Melody Kroeger, Renton, remarked that the owner of the Red Lion Inn is receiving
$370,000 per month to house homeless individuals and questioned whether
operating the hotel as a shelter was to generate revenue or help the community. She
urged Council to adopt Emergency Ordinance No. 5996 ‐ Interim Zoning Controls ‐
Homeless Shelters.
Marvin Rosete, Renton, remarked that he is a human services professional and
supports the notion of limiting the number of individuals at a shelter. He urged
Council to adopt Emergency Ordinance No. 5996 ‐ Interim Zoning Controls ‐ Homeless
Shelters.
Diane Dobson, Renton, speaking on behalf of the Renton Chamber of Commerce,
spoke about the impacts the shelter at the Red Lion Inn has had on local businesses.
She urged Council to adopt Emergency Ordinance No. 5996 ‐ Interim Zoning Controls ‐
Homeless Shelters.
Nicole Macri, unknown, speaking on behalf of Downtown Emergency Services Center
(DESC), remarked that the City should be working with King County and DESC on this
issue. She urged Council to not adopt Emergency Ordinance No. 5996 ‐ Interim Zoning
Controls ‐ Homeless Shelters.
Carolyn Draper, Renton, spoke in opposition of the Red Lion Inn and urged Council to
adopt Emergency Ordinance No. 5996 ‐ Interim Zoning Controls ‐ Homeless Shelters.
Winter Cashman, Renton, spoke in opposition to Emergency Ordinance No. 5996 ‐
Interim Zoning Controls ‐ Homeless Shelters. They also spoke in opposition of
appointing current employees to new positions without recruiting for the positions.
Justin Jensen, Renton, expressed appreciation to Council for adopting the Mental
Health Awareness Month proclamation.
AGENDA ITEM #5. a)
LR - 000805
December 7, 2020 REGULAR COUNCIL MEETING MINUTES
Joshua Janet, Renton, stated he is a Housing and Community Development
professional and urged Council to not adopt Emergency Ordinance No. 5996 ‐ Interim
Zoning Controls ‐ Homeless Shelters.
Gabrielle Weidling, Renton, remarked that she feels safe living near the Red Lion Inn
and urged Council to not adopt Emergency Ordinance No. 5996 ‐ Interim Zoning
Controls ‐ Homeless Shelters.
Dave McCammon, Renton, spoke in favor of Emergency Ordinance No. 5996 ‐ Interim
Zoning Controls ‐ Homeless Shelters.
Nancy Quinn, Renton, spoke in favor of Emergency Ordinance No. 5996 ‐ Interim
Zoning Controls ‐ Homeless Shelters.
Dave Tilton, Renton, stated that he resents the attitude that Renton residents do not
have compassion for the homeless, but noted that Seattle's bad policy should not be
left for Renton to fix. He urged Council to adopt Emergency Ordinance No. 5996 ‐
Interim Zoning Controls ‐ Homeless Shelters.
Marcie Palmer, Renton, thanked Council and the Administration for their hard work,
and urged Council to adopt Emergency Ordinance No. 5996 ‐ Interim Zoning Controls ‐
Homeless Shelters.
Max and Jeremy Heller, Renton, spoke in opposition to the continuation of the Red
Lion Inn operating as a homeless shelter. They urged Council to adopt Emergency
Ordinance No. 5996 ‐ Interim Zoning Controls ‐ Homeless Shelters.
James Alberson, Renton, noted that the Red Lion Inn was supposed to be temporary
and King County appears to be attempting to make it a permanent facility. He urged
Council to adopt Emergency Ordinance No. 5996 ‐ Interim Zoning Controls ‐ Homeless
Shelters.
Don Persson, Renton, noted that Renton has been a leader in affordable housing and
assisting the homeless, citing the collaboration with the Renton Housing Authority
and the Center of Hope Women's Day Shelter located in City Hall as examples. He
urged Council to adopt Emergency Ordinance No. 5996 ‐ Interim Zoning Controls ‐
Homeless Shelters. He also noted that this ordinance will give staff additional time to
craft a permanent ordinance.
April Berry, Renton, spoke again about being fortunate to live in the Red Lion Inn. She
urged Council to not adopt Emergency Ordinance No. 5996 ‐ Interim Zoning Controls ‐
Homeless Shelters.
Rev. Dr. Linda Smith, Renton, thanked Council for allowing everyone to speak on this
issue. She emphasized the importance of thinking about all people, residents of
Renton and residents of the Red Lion Inn, during this difficult time.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of November 23, 2020. Council Concur.
b) AB ‐ 2772 Administrative Services Department requested approval to write‐off bad debt in
the total amount of $36,222.87 per Policy & Procedure 220‐03. Refer to Finance Committee.
AGENDA ITEM #5. a)
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December 7, 2020 REGULAR COUNCIL MEETING MINUTES
c) AB ‐ 2771 Community & Economic Development Department recommended adoption of an
ordinance to amend and extend emergency Ordinance No. 5974 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 recommended 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
deintensification 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 recommended 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 recommended 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 recommended 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 recommended 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.
i) AB ‐ 2759 Public Works Utility Systems Division recommended 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.
MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Transportation Committee Chair McIrvin presented a report concurring in the staff
recommendation to accept the 1300 Bronson Way N Street Vacation appraisal and to set
compensation at $0. The Committee further recommended that the related ordinance be
presented for first reading.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #5. a)
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December 7, 2020 REGULAR COUNCIL MEETING MINUTES
b) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
approve the 2021 contract agreement with Davey Resource Group, Incorporated, in the amount
of $134,400 for Consulting Certified Arborist Inspector services to assist with the Community
Services Department ‐ Urban Forestry Program tree service requests.
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
renew the City’s liability insurance coverage with Alliant Insurance Services, at a rate increase of
22.3% for an annual premium cost of $542,239.43, and authorize the Mayor and City Clerk to
sign the implementing documents when ready. The liability insurance contract coverage includes
excess insurance for liability and insurance coverage for the airport, law enforcement, unmanned
aircraft (drones), and underground storage tanks (UST). Rates are secured though Alliant
Insurance Services, a third party broker who was approved by Council in 2015. Factors
determining premiums include market conditions, the City’s loss run history, levels of coverage
and the City’s self‐insured retention.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
d) Committee on Committees Chair Corman presented a report recommending the following
Council Committee assignments for 2021:
Finance
(2nd and 4th Mondays, 4:00 p.m.)
Valerie O'Halloran, Chair
Ed Prince, Vice Chair
Ryan McIrvin, Member
Public Safety
(3rd Monday, 4:30 p.m.)
Ruth Pérez, Chair
Ryan McIrvin, Vice Chair
Ed Prince, Member
Community Services
(1st Monday, 4:30 p.m.)
Kim‐Khánh Vǎn, Chair
Angelina Benedetti, Vice Chair
Ruth Pérez, Member
Utilities
(1st and 3rd Mondays, 3:30 p.m.)
Angelina Benedetti, Chair
Valerie O'Halloran, Vice Chair
Kim‐Khánh Vǎn, Member
AGENDA ITEM #5. a)
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December 7, 2020 REGULAR COUNCIL MEETING MINUTES
Planning & Development
(2nd and 4th Mondays, 5:00 p.m.)
Ed Prince, Chair
Ruth Pérez, Vice Chair
Valorie O'Halloran, Member
Transportation
(1st and 3rd Mondays, 5:00 p.m.)
Ryan McIrvin, Chair
Kim‐Khánh Vǎn, Vice Chair
Angelina Benedetti, Member
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Ordinances for first reading:
a) Ordinance No. 5996: An ordinance was read 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.
MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING.*
MOVED BY VǍN, SECONDED BY MCIRVIN, COUNCIL STRIKE THE NUMBER 125 AND
INSERT THE NUMBER 175 (PAGE 21, SECTION 101.A) AND STRIKE THE DATE
JANUARY 1, 2022 AND INSERT THE DATE JUNE 1, 2022 (PAGE 21, SECTION 101.B)
OF ORDINANCE NO. 5996.**
AGENDA ITEM #5. a)
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December 7, 2020 REGULAR COUNCIL MEETING MINUTES
Council discussion ensued regarding the compassion Council, the Administration, and the
community feels towards those suffering from homelessness, the necessity of changing dates
in the ordinance when they may need to be changed again in the future, clarification on
whether the motion to amend the main motion refers the issue to the Administration or
whether the intent was to modify the ordinance on the floor, Renton residents’ taxing
themselves in order to provide additional affordable housing options for the community, the
ordinance being a starting point with more permanent legislation being drafted in the future,
the desire of some Councilmembers to have a shelter located in Renton, concerns about
safety issues at the Red Lion Inn, the need to begin sub‐regional homelessness planning, and
clarifying that there that individuals housed at the Red Lion Inn will not have to leave
immediately if the ordinance is adopted because the ordinance provides ample time for the
County to re‐house the individuals elsewhere.
**MOTION TO AMEND MAIN MOTION FAILED.
AYES: Vǎn
NOES: Pérez, Corman, O’Halloran, Benedetti, McIrvin, Prince.
*MOTION TO REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT
COUNCIL MEETING CARRIED.
AYES: Pérez, Corman, O’Halloran, Benedetti, Prince
NOES: Vǎn, McIrvin
b) Ordinance No. 5998: An ordinance was read amending self‐storage standards in Subsections
4‐2‐060.M, 4‐2‐080.A.17, 4‐2‐080.A.22, and 4‐2‐080.A.59 of the Renton Municipal Code,
providing for severability, and establishing an effective date.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
c) Ordinance No. 5999: An ordinance was read adding regulations for standalone solar energy
structures by amending Subsection 4‐2‐060.O of the Renton Municipal Code, amending
Chapter 4‐4 of the Renton Municipal Code by adding a new Section 4‐4‐105 “Solar Energy
Systems,” and adding new definitions of “Solar Energy System” and “Solar Energy System,
Ground Mounted, Small Scale” to Section 4‐11‐190 of the Renton Municipal Code, providing
for severability, and establishing an effective date.
MOVED BY O'HALLORAN, SECONDED BY MCIRVIN, COUNCIL REFER THE
ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING.
CARRIED.
d) Ordinance No. 6000: An ordinance was read updating regulations for the Center Downtown
(CD) Zone by amending Subsections 4‐2‐060.L, 4‐2‐080.A.3, 4‐2‐080.A.6, and 4‐2‐120.B; and
the definition of “Dwelling, Attached” in Section 4‐11‐040 of the Renton Municipal Code;
providing for severability; and establishing an effective date.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
AGENDA ITEM #5. a)
LR - 000810
December 7, 2020 REGULAR COUNCIL MEETING MINUTES
e) Ordinance No. 6001: An ordinance was read amending Section 4‐1‐045 of the Renton
Municipal Code by renaming the section from “Vesting” to “Vesting Regulations,” eliminating
Shoreline Development Permits and Conditional Use Permits from the list of applications that
vest at complete application, clarifying duration of vesting, providing for severability, and
establishing an effective date.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
f) Ordinance No. 6002: An ordinance was read revising Accessory Dwelling Unit (ADU)
regulations by amending Subsections 4‐2‐110.C, 4‐2‐110.E, and 4‐2‐116.B.2 of the Renton
Municipal Code, providing for severability, and establishing an effective date.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
g) Ordinance No. 6003: An ordinance was read amending Subsection 4‐9‐070.R of the Renton
Municipal Code, relating to the State Environmental Policy Act (SEPA) appeals process,
providing for severability, and establishing an effective date.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
h) Ordinance No. 6004: An ordinance was read revising regulations relating to government
facilities by amending Subsection 4‐2‐060.G of the Renton Municipal Code, amending the
definition of “Government Facilities, Other” in Section 4‐11‐070 of the Renton Municipal
Code, and adding new definitions of “Government Maintenance Facilities, Other” and
“Government Office, Other” to Section 4‐11‐070 of the Renton Municipal Code, providing for
severability, and establishing an effective date.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
i) Ordinance No. 6005: An ordinance was read adopting the 2020 amendments to the City's
2015 Comprehensive Plan, maps, and data in conjunction therewith, and establishing an
effective date.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
j) Ordinance No. 6006: An ordinance was read changing the zoning classification of one parcel
(King County Parcel Number 1923059047) within the City of Renton from Industrial Medium
(IM) to Commercial Arterial (CA) (CPA 2019‐M‐01) and establishing an effective date.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
k) Ordinance No. 6007: An ordinance was read changing the zoning classification of 14 parcels
within the City of Renton and establishing an effective date.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
AGENDA ITEM #5. a)
LR - 000811
December 7, 2020 REGULAR COUNCIL MEETING MINUTES
l) Ordinance No. 6008: An ordinance was read changing the zoning classification of twenty‐nine
parcels bounded by SE Petrovitsky Road to the north, 118th Avenue SE to the East, SE 180th
Street to the south, and 116th Avenue SE to the west within the City Of Renton from
Residential Four (R‐4) to Residential Six (R‐6) (CPA 2019‐M‐03) and establishing an effective
date.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
m) Ordinance No. 6009: An ordinance was read vacating a portion of an alley, located near 1300
Bronson Way N and situated east of Garden Avenue N, west of Meadow Avenue N, north of
Bronson Way N, and south of N 2nd Street (1300 Bronson Way N Street Vacation; VAC‐20‐
001).
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
Ordinance for first and advancement to second and final reading:
n) Ordinance No. 5997: An ordinance was read extending and amending the interim zoning
control established by Ordinance No. 5974 in response to the operational limits on businesses
during the COVID‐19 declared public health emergency by (1) extending the temporary
“Economic Recovery Revocable Right‐of‐Way Permit” for businesses; (2) extending the
temporary “Economic Recovery Signs” for businesses; and (3) amending the interim zoning
control to waive the requirement to obtain a temporary use permit for the temporary
expansion of a business into an adjacent vacant space in a multi‐tenant building; authorizing
the temporary designation of a limited number of existing public parking stalls within the
Center Downtown zoning district to support parking for short‐term curbside pick‐up or to go
orders from businesses; temporarily waiving parking fees for parking for periods of up to 10
hours within the City’s City Center Parking Garage located at 655 South 2nd Street; providing
for severability; declaring an emergency; and establishing an immediate effective date.
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADVANCE THE
ORDINANCE FOR SECOND AND FINAL READING AT TONIGHT'S MEETING.
CARRIED.
Following a second and final reading, it was
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
Ordinance for second and final reading:
o) 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 CORMAN, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
AGENDA ITEM #5. a)
LR - 000812
December 7, 2020 REGULAR COUNCIL MEETING MINUTES
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED.
TIME: 9:39 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
07 Dec 2020
AGENDA ITEM #5. a)
LR - 000813
Council Committee Meeting Calendar
December 7, 2020
December 14, 2020 Monday
2:00 PM Planning and Development Committee, Chair Corman - VIDEOCONFERENCE
1. 2020 Year-end Wrap-up
2. Emerging Issues in CED
3:15 PM Utilities Committee, Chair O’Halloran - VIDEOCONFERENCE
1. Monroe Storm Improvement Project, OTAK Contract
2. Green Stormwater Project, Osborn Contract
3. Emerging Issues in Utilities
4:00 PM Finance Committee, Chair Prince - VIDEOCONFERENCE
1. Bad Debt Write-off
2. Cedar River Trail Relocation
3. Lobbyist Contract, Doug Levy
4. Vouchers
5. Emerging Issues in Finance
4:30 PM Transportation Committee, Chair McIrvin - VIDEOCONFERENCE
1. Airport Annual Lease with BHC
2. Emerging Issues in Transportation
5:15 PM Public Safety Committee, Chair Benedetti - VIDEOCONFERENCE
1. Emerging Issues in Public Safety
- Including Transition Updates
6:00 PM Committee of the Whole, Chair Pérez - VIDEOCONFERENCE
1. LTAC Funding Recommendations
7:00 PM City Council Meeting, Chair Pérez – VIDEOCONFERENCE
AGENDA ITEM #5. a)
LR - 000814
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 CITY
OF RENTON 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 response to the global novel coronavirus (COVID‐19) pandemic and to the
regional challenge of homelessness that predated the COVID‐19 pandemic, the Renton City
Council wishes to adopt interim zoning and land use legislation that supports those experiencing
homelessness and the service providers who are dedicated to serving those experiencing
homelessness;
AGENDA ITEM # 7. a)
LR - 000815
ORDINANCE NO. ________
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The statements set forth in Attachment B 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 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
AGENDA ITEM # 7. a)
LR - 000816
ORDINANCE NO. ________
3
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
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.
AGENDA ITEM # 7. a)
LR - 000817
ORDINANCE NO. ________
4
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.
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
AGENDA ITEM # 7. a)
LR - 000818
ORDINANCE NO. ________
5
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
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.
AGENDA ITEM # 7. a)
LR - 000819
ORDINANCE NO. ________
6
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
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.
AGENDA ITEM # 7. a)
LR - 000820
ORDINANCE NO. ________
7
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
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
AGENDA ITEM # 7. a)
LR - 000821
ORDINANCE NO. ________
8
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.
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.
AGENDA ITEM # 7. a)
LR - 000822
ORDINANCE NO. ________
9
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.
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
AGENDA ITEM # 7. a)
LR - 000823
ORDINANCE NO. ________
10
to one or more populations of people experiencing or transitioning from
homelessness.
B. APPLICABILITY:
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;
4. Unrelated individuals living together as a “family” pursuant to the
definition contained in RMC 4‐11‐060; and
5. Housing for which the tenants fall under the protections of Chapter
59.18 RCW.
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
AGENDA ITEM # 7. a)
LR - 000824
ORDINANCE NO. ________
11
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.
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.
AGENDA ITEM # 7. a)
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ORDINANCE NO. ________
12
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.
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.
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. PREAPPLICATION PROCESS:
1. Preapplication Materials: A neighborhood meeting is recommended
but not required pursuant to RMC 4‐8‐100.A prior to submittal of an application
for a conditional use permit for a homeless services use.
2. Preapplication Neighborhood Meeting: Reserved.
3. Preapplication Site Inspection by the City: Reserved.
AGENDA ITEM # 7. a)
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ORDINANCE NO. ________
13
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. Reserved.
d. Reserved.
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;
AGENDA ITEM # 7. a)
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ORDINANCE NO. ________
14
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. Reserved;
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. Reserved;
xi. A description of how the operator will inform and educate
occupants of the homeless services use regarding the code of conduct (described
in subsection F.2.f of this Section); and
AGENDA ITEM # 7. a)
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ORDINANCE NO. ________
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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 and that
includes, but is not limited to, the following terms:
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
v. Comply with City of Renton regulations governing public
conduct.
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 any behavior exhibited by clients of the
homeless services use provider within a homeless services use and its site that
AGENDA ITEM # 7. a)
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threatens the safety of occupants or employees of the use, and a description of
the consequences for engaging in such behavior;
iv. Reserved;
v. Reserved;
vi. A plan for managing individuals excluded from accessing the
proposed homeless services use;
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. Reserved.
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
AGENDA ITEM # 7. a)
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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
conditional use permit application for a homeless services use. A permit
application shall not be approved or approved with conditions unless 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.
AGENDA ITEM # 7. a)
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3. Minimum required notice and public engagement procedures for
homeless services uses shall include the following:
a. Reserved.
b. Reserved.
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. Changes to an approved
conditional use permit for a homeless services use shall be subject to the revision
criteria for conditional use permits in RMC 4‐9‐030.J, Conditional Use Permits:
Major and Minor Revisions.
I. DEVELOPMENT STANDARDS/USE REQUIREMENTS:
1. General Development Requirements: Applicable general development
requirements (including, but not limited to, zoning and land use standards, street
and utility standards, and the uniform codes for building, mechanical, plumbing,
electrical, fire protection, and property management) shall be met unless
AGENDA ITEM # 7. a)
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specifically modified by the terms of this Section or by State law when applied to
a homeless services use.
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.
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
AGENDA ITEM # 7. a)
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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. Designated smoking areas located a minimum of twenty‐five
feet (25’) from perimeter property lines with appropriate cigarette disposal
facilities.
iii. Staffing provided during operating hours for each homeless
services use.
iv. 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.).
v. A permanent address to meet the needs anticipated by the
homeless services use provider.
vi. A final safety and security plan updated after any comments
have been received on the plan from the Renton Police Department.
b. For Overnight Shelters: Overnight sleeping accommodations that
do not exceed one hundred (100) beds.
AGENDA ITEM # 7. a)
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J. ADDITIONAL DESIGN REQUIREMENTS:
1. Crime Deterrence: Reserved.
2. Common Areas: Common areas shall be provided to enhance resident
enjoyment through inclusion of features such as libraries, roof decks, patios, and
gardens.
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
AGENDA ITEM # 7. a)
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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.
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.
AGENDA ITEM # 7. a)
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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‐
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 temporary 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
AGENDA ITEM # 7. a)
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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,
“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
AGENDA ITEM # 7. a)
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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
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.
AGENDA ITEM # 7. a)
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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 the issues. City staff are directed to bring
further proposed legislation through the public process that applies to proposed amendments to
the Renton Municipal Code’s development regulations, including the public hearing process
before the City’s Planning Commission, and then to present such further legislation to the City
Council for its consideration. City staff’s investigation and development of proposed further
legislation is to include the following:
a.Regarding COVID‐19 Deintensification Shelters:
Regulations applicable to the operations of a COVID‐19 deintensification
shelter within the City of Renton, including (1) the duration that such use
may be allowed to operate in the City without obtaining a conditional use
permit and (2) the zoning designations in which such use may lawfully
operate.
Siting considerations and availability of properties within the City
potentially suitable for a COVID‐19 deintensification shelter. Develop
recommendations for whether the list of allowed zoning designations (CO,
CV, IL, IM, and IH) under this interim ordinance should be expanded in the
further legislation.
b.Regarding Homeless Services Uses:
AGENDA ITEM # 7. a)
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Regulations applicable to homeless services uses within the City of Renton,
including (1) reasonable regulations and permitting requirements for such
uses and (2) the zoning designations in which such uses may lawfully
operate.
Siting considerations and availability of properties within the City
potentially suitable for homeless services uses. Develop
recommendations for whether the list of allowed zoning designations (CO,
CV, IL, IM, and IH) under this interim ordinance should be expanded in the
further legislation.
Regulations of uses serving those experiencing homelessness that are not
addressed in this interim zoning ordinance. Such uses include emergency
shelters responding to single sudden events and transitional housing.
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.
AGENDA ITEM # 7. a)
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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
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2120:12/10/2020
AGENDA ITEM # 7. a)
LR - 000842
ORDINANCE NO. ________ 29 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. a)LR - 000843
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ATTACHMENT B
STATEMENT
Establishment of COVID‐19 Shelter Operations at the Renton Red Lion
1. 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.
2. On March 6, 2020, the Mayor proclaimed a local emergency due to COVID‐19.
3. 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.”
4. 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”).
5. 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.
6. 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
AGENDA ITEM # 7. a)
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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.
Operations of the COVID‐19 Shelter and City Land Use, Zoning, and Business Licensing Laws
7. 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.
8. King County has represented that the maximum number of residents of the COVID‐19
Shelter has been 235 individuals.
9. 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.
10. 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 (RRFA) 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.
11. 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
AGENDA ITEM # 7. a)
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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
Red Lion Site to house a homeless shelter operation is not an allowed land use on the Red Lion
Site.
12. 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.
13. 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.
AGENDA ITEM # 7. a)
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Enforcement Proceedings and Hearing Examiner Decision
14. 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
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.”
15. 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.
16. 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.
17. 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
AGENDA ITEM # 7. a)
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“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.
18. 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”).
19. 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.
20. 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.
21. 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:
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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.”
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).
22. 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.
AGENDA ITEM # 7. a)
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Unclassified Use Application and Commencement of Litigation in King County Superior Court
23. 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”).
24. 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”).
25. 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”).
26. 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.
Compatibility and Compliance Concerns
27. 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.
28. 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, 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.
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29. The COVID‐19 Shelter has created and continues to create significant public safety
and welfare concerns for the residents of the COVID‐19 Shelter and its vicinity. These public
safety and welfare concerns include, but are not limited to, documented significant increases in
criminal activity, violations of building and fire codes, documented significant increases in 9‐1‐1
calls for emergency services, and instances of threats to first responders who respond to 9‐1‐1
calls to the COVID‐19 Shelter. Instances of threats to RRFA personnel resulted in the RRFA
requesting police safety escorts to all calls for service to the COVID‐19 Shelter.
30. By memorandum dated December 9, 2020, the RRFA Fire Chief and Fire Marshal
issued a notice to the COVID‐19 Shelter operators that several safety concerns regarding the
COVID‐19 Shelter’s operations had caused the RRFA to deem the COVID‐19 Shelter an assisted
living facility and/or institutional occupancy for fire code purposes.
31. The COVID‐19 Shelter operates as a low‐barrier shelter for residents with high needs,
including persons struggling with histories of interpersonal conflict, rule violations, and/or illegal
substance use that have caused other shelters to deny them services.
32. The COVID‐19 Shelter operators assert that the incidence of such conflicts has
reduced as a result of deintensifying the distance from which the residents live and interact with
each other, but the number of 9‐1‐1 calls for service to the COVID‐19 Shelter has not trended
down since the COVID‐19 Shelter began its operations.
33. Incidents of interpersonal conflict, arson, and threats of arson at the COVID‐19 Shelter
have continued to occur at the COVID‐19 Shelter.
34. Numbers of incidents of interpersonal conflict and arson or threatened arson are
likely to be reduced by reducing the number of the COVID‐19 Shelter’s residents.
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35. Reducing the number of the COVID‐19 Shelter’s residents is likely to improve the
safety and welfare of shelter residents, staff, visitors, first responders, and those working, living,
and visiting the surrounding vicinity.
Clarification and Confirmation of Land Use Definitions and Processes
36. 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.
37. The City Council finds that the amended and clarified definition of “Hotel,” as set forth
in this ordinance, 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.”
38. The City Council further finds that adding a definition for “Hotel, Extended Stay,” as
set forth this ordinance, further clarifies and codifies the intent of the City Council.
39. The City Council further finds that the amended definition of “Social Services
Organizations,” as set forth in this ordinance, clarifies and codifies City Council intent, including
confirming that “night shelter” operations are not an allowed component of a Social Service
Organizations land use.
40. 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 in this
ordinance, clarifies and codifies City Council intent.
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41. 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.
Conversion of COVID‐19 Deintensification Shelter Use from an Illegal Use to a Legal Use
42. The Renton Municipal Code does not currently allow the COVID‐19 Shelter to operate
within the City’s Commercial Arterial (CA) zoning district.
43. 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 specified zoning designations in the City without need for a conditional use
permit, on a temporary basis and subject to additional standards and regulations established in
this ordinance.
44. 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:
Commercial Office (CO), Center Village (CV), Light Industrial (IL), Medium Industrial (IM), and
Heavy Industrial (IH).
45. 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 property within the City that is zoned CO, CV, IL, IM, or IH (either with or without
tenant improvements). King County’s 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
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Renton Shelter Lawsuit and issues over use of the Red Lion Site as a COVID‐19 deintensification
shelter.
Intent to Expressly Allow Homeless Services Uses in the City of Renton
46. 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.
47. 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 for short‐term‐stay shelters (day shelters and overnight shelters) within the
City and to provide for reasonable regulation of such uses.
48. 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.
This Ordinance Responds to an “Emergency” as that Term is Used under State Law
49. The City Council finds that there is a need to adopt this ordinance as an interim zoning
control ordinance on an emergency basis.
50. 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.
Procedural and Substantive Issues
51. 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
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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.
52. 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.
53. 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.
54. The City Council encouraged further public input on the subject matter of this
ordinance by, among other things, keeping the public hearing open until December 1, 2020 at
5:00 PM for the purpose of receiving additional written comment.
55. In addition to oral public comment and testimony, the City Council received and
considered numerous written comments and testimony submitted by members of the public
before the hearing, during the hearing, and following the hearing.
56. In response to public comment and testimony, 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
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December 14, 2020: Second reading of the ordinance (with revisions that
incorporate further feedback from public comments), City Council action on the
ordinance, and effective date of the ordinance.
AGENDA ITEM # 7. a)
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