HomeMy WebLinkAboutERC_Report_RMC_Title_IV_Docket_17B_AMDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
ERC Report 2022 Docket #17, Group B
ENVIRONMENTAL REVIEW COMMITTEE REPORT
ERC MEETING DATE: July 25, 2022
Project Name: 2021 Docket #17, Group B
Project Number: LUA22-000247, ECF
Project Manager: Angie Mathias, Long Range Planning Manager
Owner: City of Renton
Applicant: City of Renton
Contact: Angie Mathias, 425-430-6576
Project Location: All docket items are citywide.
Project Summary: The applicant is requesting Environmental (SEPA) Review to review for the following
non-project items:
#D-213 Commercial Parking for Mixed Use Buildings: Staff propose to amend
commercial parking standard for mixed use buildings to be the same as parking
standards for shopping centers.
#D-214 Battery Energy Storage Systems: The City received a pre-application to locate
a Battery Energy Storage System in the City. This is a use that is not identified in the
use table and is a new technology the City has no experience with. So, the City adopted
a moratorium on the use in order to allow time to review and consider what zones are
appropriate and what regulations are appropriate. Staff proposed allowing the use in
the IM and IH zones with specific regulations.
#D-215: Dwelling Units in the CO Zone: Staff propose to restrict the total amount of
floor area used for dwelling units within any given site in the Commercial Office (CO)
Zone to ensure the residential component of a mixed-use development is subordinate
to a primary land use.
#D-216: Special Fence Permits: Staff propose to limit the applicability of the Special
Administrative Fence Permit to sort and redirect complex requests toward the
appropriate level of review. The new applicability would be limited to fence or hedge
proposals that wish to remove or reduce development restrictions that are imposed
due to unique lot characteristics. All proposals that wish to exceed the existing
thresholds of fence or hedge development regulations (e.g., residential fences above
6 ft.) would need to be reviewed through an Administrative Variance.
#D-217 Personal Delivery Devices: This new land use has not been utilized within
Renton and is a new use that has not been reviewed or considered. With this docket
item staff gave consideration of permissibility of personal delivery devices (PDDs),
applicable location and zoning requirements, development standards for PDD
dispensers, rules for operating in the right-of-way, and other topics related to the
operation of PDDs.
#D-218: Rezoning in TOD Subarea: Staff propose to rezone several properties located
along and at the north end of Lind Ave SW, and lots on the north side of SW 16th St
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City of Renton Department of Community & Economic Development Environmental Review Committee Report
DOCKET #17, GROUP B LUA22-000247, ECF
Report of Monday, July 25, 2022 Page 2 of 8
ERC Report RMC Title IV Docket 17B
from Medium Industrial (IM) to Commercial Arterial (CA) pursuant to the recently
adopted Grady/Rainier Junction TOD Subarea Plan.
#D-219: Condominium Recording Documents: Staff proposes to replace the Building
Official with the Administrator as the authority responsible for administration and
enforcement of condominium conversion regulations. Additionally, staff proposes to
review code for outdated references and to require all condominium recording
documents to be routed to the Planning Division prior to submitting the materials for
recording with King County.
Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (footprint):
Proposed New Bldg. Area (gross):
N/A
N/A
Site Area: N/A Total Building Area GSF: N/A
STAFF
RECOMMENDATION:
Staff Recommends that the Environmental Review Committee issue a
Determination of Non-Significance (DNS).
PART ONE: PROJECT DESCRIPTION / BACKGROUND
#D-213 Commercial Parking for Mixed Use Buildings: The commercial uses permitted within mixed-use developments
are limited to retail sales, on-site services, eating and drinking establishments, taverns, daycares, preschools, indoor
recreational facilities, pet daycares, craft distilleries/small wineries/micro-breweries with tasting rooms, general
offices not located on the ground floor, and similar uses as determined by the Administrator. Renton municipal code
provides minimum and maximum off-street parking space requirements for specific uses in order to allow for the
provision of sufficient off-street parking to meet the needs of urban development, while not providing an excess
surplus of spaces. Currently, for mixed-use structures the quantity of parking spaces is measured based on the number
of commercial establishments. For mixed-use developments with two or three different uses, the total number of on-
site parking spaces required for the development is determined based on the sum of the requirements for the several
uses computed separately.
One challenge with this method of calculation for vertical mixed-use developments, is that it is not often known what
uses will occupy the proposed commercial units at the time of land use or building permit review. As a result, parking
needs for these commercial spaces cannot be predictably calculated. Furthermore, even if the uses of the proposed
commercial units could be anticipated, the existing method of parking space calculation creates challenges for future
changes of use when they are proposed, particularly if the number of stalls needed for the new use exceeds the actual
number of legally existing stalls by quantities that trigger compliance with current parking regulations. A standard
minimum and maximum parking stall requirement for all commercial uses within vertical mixed-use developments
would simplify the land use and building permit review process, as well as prevent parking conflicts with change-of-
use proposals. Staff recommend using the same standard as shopping centers which is a minimum of 2.5 and a
maximum of 5.0 parking spaces per 1,000 square feet of net floor area.
#D-214 Battery Energy Storage Systems: Battery Energy Storage Systems (BESS) are designed to receive, store, and
discharge energy generated by renewables, such as solar panels and wind turbines, to provide electricity for later use.
The battery systems can be connected to distribution or transmission networks, like an electrical grid, to support
regional electrification. Such systems can be designed and constructed to serve residential, commercial, and utility
scale projects. Energy storage technology is critical during peak demand times and/or times of power failure.
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City of Renton Department of Community & Economic Development Environmental Review Committee Report
DOCKET #17, GROUP B LUA22-000247, ECF
Report of Monday, July 25, 2022 Page 3 of 8
ERC Report RMC Title IV Docket 17B
The legislation passed by SB 5116 (2019) and enacted by Chapter 19.405 RCW, Washington Clean Energy
Transformation Act (CETA), requires Washington State to eliminate coal-fired electricity, transition the state’s
electricity supply to one hundred percent carbon neutral by 2030-, and one-hundred percent carbon-free by 2045
(RCW 19.405.010.2). Simultaneously, other climate actions call for building electrification (e.g., phasing out natural
gas) and all-electric new car target by 2030. Although these proposed actions, among others, support greenhouse gas
emission reduction they also increase demand on the existing electrical grid. BESS technology is designed to alleviate
the impacts of increased demand and create a more resilient electrical grid through investments in grid modernization.
In 2021, the Washington State Department of Commerce awarded $3.9 million in grant funding to utility companies
statewide to “advance a variety of renewable energy technologies and electricity system innovations.” The complete
list of awarded projects is available at Energy Grid Modernization - Washington State Department of Commerce.
Despite available funding for energy storage system feasibility and other grid modernization planning, there is a lack
of resources and adopted regulatory standards in Washington State on this topic, particularly for utility-scale systems.
There are several examples of BESS technology, however lithium-ion batteries are popular for energy facilities due to
the reduced cost of lithium-ion batteries in over the last decade and technological advancements continue to make
lithium-ion more competitive for long-term storage and overall capacity.
However, the lithium-ion BESS technology can experience “thermal runaway which causes them to release very hot
flammable, toxic gases. In large storage systems, failure of one lithium cell can cascade to include hundreds of
individual cells. The hot flammable gases can result in an explosion, or a very difficult to extinguish fire.” Further, fire
response and general emergency services lack experience with the fire and explosion hazards of BESS. The Monterey
Herald reports that there “almost 300 completed grid-scale lithium-ion BESS sites dot the globe, offering a means for
utilities to store clean energy on every continent except Antarctica. But this explosion of BESS facilities isn’t without
incident: The Electric Power Research Institute has documented 50 BESS failure events most of them occurring in just
the past four years.”
Given the documented risks associated with BESS, staff recommended allowing lithium-ion BESS technology to
industrial zones medium industrial (IM) and heavy industrial (IH). Such industrial zones are intentionally distanced
from residential areas to protect residential and commercial areas from adverse impacts associated with allowed land
uses in industrial zones. However, Renton Regional Fire Authority have submitted comments that they do not have
adequate equipment, training, and understanding of the implications of BESS to protect the public. The Pacific
Northwest National Laboratory is scheduled to release a study and recommendations about siting and standards for
BESS technology in September 2022.
Given the concerns of the Fire Authority and lack of full information on the land use, staff recommend defining the
use, but not allowing it in Renton. However, the item will continue to be reviewed and regulations may be advanced
in the future.
#D-215: Dwelling Units in the CO Zone: The Commercial Office (CO) Zone is established to provide areas appropriate
for professional, administrative, and business offices and related uses, offering high-quality and amenity work
environments. In addition, a mix of limited retail and service uses may be allowed to primarily support other uses
within the zone, subject to special conditions. Limited light industrial activities, which can effectively blend in with an
office environment, are allowed, as are medical institutions and related uses. Primary uses include general offices,
medical offices, medical institutions, conference centers, and hotels.
In 2015, City Council adopted an ordinance (ORD 5759) allowing multifamily housing in the CO Zone based on the
following criteria, the most important of which is the proximity to mass transit facilities. The intent was to allow
housing in conjunction with the high-quality and amenity-rich work environments provided by the CO Zone if most of
the property lied within walking distance of public transit (commuter rail, park-and-ride lots, the Renton Transit
Center, and Rapid Ride bus service).
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City of Renton Department of Community & Economic Development Environmental Review Committee Report
DOCKET #17, GROUP B LUA22-000247, ECF
Report of Monday, July 25, 2022 Page 4 of 8
ERC Report RMC Title IV Docket 17B
However, since the adoption of ORD 5759, new qualifying mass transit facilities have become, or will soon be,
operational resulting in nearly every CO-zoned lot being eligible for residential development. The maximum density
in the CO Zone is 150 dwelling units per net acre and may be increased to 250 through an administrative conditional
use permit. If residential development is proposed, it must be part of a vertically mixed-use building with ground floor
retail accounting for at least 40% of the building’s footprint. However, even with the required ground floor retail, staff
are concerned the high demand for residential development will eventually result in the CO Zone being primarily
residential instead of fulfilling its purpose of being primarily developed for professional work environments.
The prospect of the CO Zone not being developed as intended presents difficulties for the city to achieve employment
growth targets. Part of the city’s mission pursuant to the 2023-2028 Business Plan is to promote economic vitality and
strategically position Renton for the future. While housing is crucially needed at a regional level, it’s necessary to
ensure the city’s development standards are positioning Renton for economic vitality; therefore, staff propose to limit
the square footage of residential development on any CO-zoned site to 25% of the total floor area on site. Staff
recommend increasing that percentage to 33% if the additional floor area is dedicated as affordable housing. The
remaining floor area would likely be developed as one or more standalone buildings for primary uses allowed in the
zone.
Additionally, staff propose eliminating the requirement that a residential building be a minimum of eight-stories, and
the requirement to permit the development as a Planned Urban Development. However, staff propose that any CO-
zoned site upon which residential development is proposed be approved only through the Master Plan Review
process.
#D-216: Special Fence Permits: Currently, Special Administrative Fence Permits are a Type 1 permit that are required
to vary from existing fence or hedge development standards. The application is simplified and only requires a letter
of justification, site plan, elevation and permit fee. The evaluation criteria for a Special Administrative Fence Permit
reviews proposals for consistency with the surrounding neighborhood, appropriate pedestrian scale, visual aesthetic,
and traffic impacts. Type 1 permits do not require public notice, therefore public comment is not solicited. Type 1
permit. All proposals are reviewed with the same criteria without regard for the scale of the request, including but
not limited to: residential fences, commercial and industrial fences, fences with barbed wire, electric fences and fences
requesting extreme height allowances.
At times, staff will receive Special Fence Permit applications proposing fences that greatly exceed standard
development regulations. The current procedure requires review of these proposals with evaluation criteria that are
not adequate for a full analysis. The criteria, as noted above, is focused mainly with the design of the fence or hedge
and does not evaluate the request based on external variables or hardships that may affect a request. By amending
the applicability for the Special Administrative Fence Permit, complex projects would go through the Administrative
Variance process which would provide a more in depth, holistic review of the request. Administrative Variances are a
Type 2 permit that require public notice and a two-week public comment period which would inform communities
about fence proposals that may have impact on their neighborhood.
To ensure deviations from fence and hedge development regulations are reviewed at an appropriate scale, staff
proposes to introduce an applicability section to Special Fence Permits that would limit the permit scope. Additionally,
staff recommends assessment and amendments to the Special Administrative Fence Permit review criteria. Staff also
proposes review of the Fences and Hedges code section for consistency relating to the updated Administrative Special
Fence Permit scope.
#D-217 Personal Delivery Devices: Personal delivery devices (PDDs) provide autonomous delivery service for retail
packages, food, and other items. These electric powered wheeled machines are “intended to help businesses cut costs
on deliveries, reduce delivery vehicle congestion, and cut greenhouse gas emissions from delivery vehicles. Businesses
and consumers will expect to benefit from reduced delivery times, improved delivery and freight efficiency, and an
DocuSign Envelope ID: 3C6F2901-B5D0-4AC2-9DA2-A649C28AB2FA
City of Renton Department of Community & Economic Development Environmental Review Committee Report
DOCKET #17, GROUP B LUA22-000247, ECF
Report of Monday, July 25, 2022 Page 5 of 8
ERC Report RMC Title IV Docket 17B
overall increase in productivity for delivery companies.” (MRSC Insight, September 2, 2021). Several companies,
including FedEx, Amazon, and Postmates have developed PDD technology, although at varying stages of development
and/or deployment.
In 2019, the Washington State Legislature passed HB 1325, which adopted minimum regulations for PDD operations
and safety. Pursuant to state legislation, PDDs are required to operate in accordance with all ordinances, rules, and
regulations established by the jurisdiction governing the rights-of-way (RCW 46.75.020(1)).
The legislation passed by HB 1325 and enacted by Chapter 46.75 RCW, identifies PDDs as an “electrically powered
device” that is intended to transport delivery items on sidewalks and crosswalks. If no sidewalk is present, operation
is allowed on the shoulder of roadways where the authorized speed limit is less than 45 mph. Devices shall weigh less
than 120 pounds, excluding any property being carried by the device, and must follow a 6-mph speed limit and be
equipped with a braking system. Vehicles must treat PDDs as pedestrians and allow them the provided right-of-way
in their area of operation. To access the legislation as adopted, please visit HB 1325.
The adopted state legislation did not address two key components related to PDD operation: 1. Rules for operating
within the right-of-way; and 2. Zoning requirements and other development standards for PDD dispensers. However,
state legislation authorizes municipalities to adopt local regulations that PDD entities must follow. Given that PDDs
are not yet widely distributed, most jurisdictions have not had the opportunity to advance legislation that address
PDD operation and dispenser requirements. To date, only the City of Auburn has adopted regulations for operating
within the right-of-way. In January 2022, the City of Kirkland adopted a moratorium on PDDs to study and develop
local regulation. Kirkland City Council is tentatively scheduled to consider Planning Commission’s recommendation on
September 10, 2022.
Staff presented three options to Planning Commission. 1: Prohibit the devices and dispensaries, 2: Allow a pilot
program, and 3: Outright allow the use. Based on feedback from the Planning Commission staff have eliminated the
option to outright allow the use. Staff continue to review the use and consider the feedback received to date, but
continue to consider either a pilot program or not allowing the use in the City.
#D-218: Rezoning in TOD Subarea: The Rainier/Grady Junction TOD Subarea Plan provides a vision and strategies to
guide future growth and achieve a holistic, people-oriented neighborhood around Sound Transit's planned bus rapid
transit (BRT) line and transit center at the intersection of Rainier Ave S and S Grady Way. The strategies in the plan
aim to facilitate mixed-use development, maximize multimodal transportation options, improve pedestrian
connectivity, and integrate the subarea with adjacent areas by establishing a neighborhood that is distinct from
Downtown yet aligned with the goals of the City Center Community Plan. The plan recommends development
regulations and public investments that can catalyze the private investment needed to fully implement the vision.
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City of Renton Department of Community & Economic Development Environmental Review Committee Report
DOCKET #17, GROUP B LUA22-000247, ECF
Report of Monday, July 25, 2022 Page 6 of 8
ERC Report RMC Title IV Docket 17B
One land use recommendation from the plan is to rezone several IM-zoned properties to the CA Zone along Lind Ave
SW and on the north side of SW 16th St. The rezones would facilitate commercial and residential mixed-use
development in the area and help promote small nodes of commercial development at key intersections along Lind
Ave SW.
The following chart identifies some land uses that will either (1) not be allowed, (2) continue to be allowed, or (3)
newly be allowed if the rezones occur:
Not Allowed Continue to be Allowed New Land Uses Allowed
• *Manufacturing and
fabrication, light
• *Outdoor storage
• *Construction/contractor’s
office
• Manufacturing and
fabrication, medium
• Vehicle and equipment
rental, large
• Vehicle service and repair,
large
• Vehicle sales, small
• Industrial engine or
transmission rebuild
• Assembly and/or
packaging operations
• Commercial laundries
• Bulk storage
• Indoor storage
• *General offices
• *Other higher
education institution
• *Vehicle service and
repair, small (only CA
via CUP)
• *Wholesale retail (CA
only)
• *Church
• *Adult Entertainment
• *Off-site services
• Laboratories: light
manufacturing
• Laboratories: research,
development and
testing
• Veterinary
offices/clinics
• Conference centers
• Medical/dental offices
• Wholesale retail (CA
only)
• Vehicle sales, large
(boats, RVs, etc.)
• Vehicle rental, small
• *Retail sales
• *Recreational facilities,
indoor (in CO: limited to
25% of an office or
residential building)
• Attached dwelling units
(CA only)
• Taverns (CA only)
• Craft distilleries with
tasting rooms, small
wineries, and micro-
breweries
• Fast-food restaurants
(CA only)
*Land use currently exists on lot(s) subject to rezone
There are existing land uses that will not be allowed under the proposed zoning, which would make the uses
nonconforming. Pursuant to the Renton Municipal Code’s (RMC) Nonconforming Use provisions (RMC 4-10-060), land
uses that are nonconforming are allowed to continue if the use is not abandoned. A use is considered abandoned
when it is discontinued for a period of one year or more, it has been replaced by a conforming use; or it has been
changed to another nonconforming use under permit from the city.
Below is a map of the proposed rezones:
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City of Renton Department of Community & Economic Development Environmental Review Committee Report
DOCKET #17, GROUP B LUA22-000247, ECF
Report of Monday, July 25, 2022 Page 7 of 8
ERC Report RMC Title IV Docket 17B
#D-219: Condominium Recording Documents: The City’s condominium conversion regulations were drafted in 1979
and do not reflect new staff positions and divisions have been formed and code should be updated to reflect the City’s
current organizational chart. In addition, code needs to be reviewed to ensure that common modern housing
typologies are not being excluded from condominium regulations.
There are no provisions in Renton Municipal Code (RMC) that require an applicant to have their condominium
recording documents reviewed by City staff prior to being submitted to King County for recording. Additionally, it is
not stated in King County Code (KCC) that an applicant is required to have jurisdictional approval prior to recording.
The King County Code does not require review for conformity with codes, plans and policies on a municipal level; the
code found in KCC Title 19 regarding document review is limited to only State-wide and County-wide policies. This
poses an issue when an applicant submits condominium documents to King County that are in violation of RMC
because there is no procedure for City staff to intervene and as a result noncompliant projects may be recorded.
Along with this, staff has encountered issues when working with developers on phased projects. The applicant is not
required to involve staff with the recording process which leaves room for errors if the applicant does not involve staff
and submits incorrect or incomplete documents for recording. Staff recommend revising code to reflect the current
organizational structure of the Department of Community and Economic Development. This includes listing the
Administrator as the authority to administer and enforce said Sections, and the ability for the Administrator to request
revisions for proposals that violate Renton Municipal Code.
Staff also recommends introducing the requirement for applicants to submit all condominium recording documents,
for both new projects and condominium conversions, to the City for review prior to recording with King County.
Additionally, staff recommends amending code as needed to remove outdated references.
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City of Renton Department of Community & Economic Development Environmental Review Committee Report
DOCKET #17, GROUP B LUA22-000247, ECF
Report of Monday, July 25, 2022 Page 8 of 8
ERC Report RMC Title IV Docket 17B
PART TWO: ENVIRONMENTAL REVIEW
In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts
that are not adequately addressed under existing development standards and environmental regulations.
A. Environmental Threshold Recommendation
Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials:
Issue a DNS with a 14-day Appeal Period.
B. Mitigation Measures
1. None
C. Exhibits
None
D. Environmental Impacts
There are no environmental impacts that are anticipated to occur in conjunction with the proposal.
E. Comments of Reviewing Departments
The proposal has been circulated to City Department and Division Reviewers. Where applicable, their
comments have been incorporated into the text of this report and/or “Advisory Notes to Applicant.”
Copies of all Review Comments are contained in the Official File and may be attached to this report.
The Environmental Determination decision will become final if the decision is not appealed within the 14-day
appeal period (RCW 43.21.C.075(3); WAC 197-11-680).
Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in
writing on or before 5:00 p.m. on August 8, 2022. Due to the ongoing state of emergency enacted by Governor’s
Proclamation 20-28.14 (and as amended), the City Clerk’s Office is working remotely. For that reason, appeals
must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor
Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be
collected at a future date if your appeal is submitted electronically. Appeals to the Hearing Examiner are governed
by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s
Office, cityclerk@rentonwa.gov.
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