HomeMy WebLinkAboutChaiet Rahman3 Attachment 2CITY 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 DE-INTENSIFICATION SHELTER OPERATING IN THE
CITY OF RENTON SINCE APRIL 2020: (1) CLARIFYING 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 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 DE-INTENSIFICATION SHELTER TO TEMPORARILY OPERATE IN THE COMMERCIAL ARTERIAL (CA) ZONING DISTRICT BY ADDING A DEFINITION OF
“COVID-19 DE-INTENSIFICATION 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.100 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; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND ESTABLISHING AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, in early 2020, the World Health Organization announced that the novel coronavirus (COVID-19) was a global pandemic, the United States Department of Health and Human Services
Secretary Alex Azar declared a public health emergency because of COVID-19, and Washington Governor Inslee declared a State of Emergency due to COVID-19; and
WHEREAS, on March 6, 2020, the Mayor proclaimed a local emergency due to COVID-19; and
WHEREAS, on March 31, 2020, King County’s Local Health Officer, Dr. Jeff Duchin, issued a Local Health Officer Order (which Dr. Duchin amended on May 20, 2020) (collectively, the “County
Health Order”) authorizing King County to “de-intensify or reduce the density of existing homelessness shelters and encampments” in response to the COVID-19 pandemic, and
WHEREAS, on April 2, 2020, King County leased the Red Lion Hotel & Conference Center located at 1 South Grady Way, Renton (the “Red Lion Site”), from the property owner Renton Hotel
Investors, LLC (“RHI”); and
WHEREAS, 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
to temporarily house individuals previously housed at its downtown Seattle Main Shelter, located at The Morrison Hotel. DESC and King County needed to house these individuals in private
rooms, rather than congregate housing, where COVID-19 would spread rapidly. DESC communicated with the Renton Mayor, Chief of Police, and Fire Chief, but, given the immediate need to
move more than 200 people and the related services, DESC and King County did not obtain City land use or building permits or a City business license; and
WHEREAS, at the Red Lion, DESC 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. DESC has been continuously
operating at the Red Lion since on or about April 9, 2020, in concert with King County; and
WHEREAS, people experiencing homelessness are some of the most vulnerable people in our communities. Many are living with disabilities and all are going through extremely difficult and
traumatic experiences. People experiencing homelessness are disproportionately people of color.
WHEREAS, City staff immediately made the following land use and zoning determinations regarding the use of the Red Lion to de-intensify congregate homeless shelters: (1) the only land
use lawfully established on the Red Lion Site is a “Hotel” land use; (2) the COVID-19 Shelter does not meet the Renton Municipal Code’s (RMC’s) definition of a “Hotel” land use (RMC
4-11-080); (3) a “de-intensification 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 housing people experiencing
homelessness during the COVID-19 pandemic is not an allowed land use on the Red Lion Site; and
WHEREAS, on June 30, 2020, 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;” and
WHEREAS, King County and RHI both timely requested a hearing to challenge the FOV, and the requested hearing regarding the FOV was held before the City’s Hearing Examiner on August 14,
2020, with DESC also participating in the hearing; and
WHEREAS, in front of the Hearing Examiner, King County, RHI, and DESC took the position that the temporary use of the Red Lion for shelter de-intensification meets the RMC definition
of a “Hotel” land use. They also took the position that even if the shelter de-intensification use of the Red Lion 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 laws; and
WHEREAS, in front of the Hearing Examiner, the City took the positions that (1) the de-intensification use of the Red Lion does not meet the RMC definition of a “Hotel” land use, (2)
the use appeared to most closely align with the RMC definitions for the “diversion facility / diversion interim service facility” land use or the “congregate residence” land use, (3)
neither the “diversion facility / diversion interim service facility” land use nor the “congregate residence” land use is allowed within the CA zoning designation (which is the Red
Lion Site’s zoning designation), and (4) the pandemic and County Health Order did not preempt the City’s zoning and land use laws; and
WHEREAS, by written decisions dated August 31, 2020 and October 2, 2020, the Hearing Examiner ruled on the FOV (collectively, the “Hearing Examiner’s FOV Decision”); and
WHEREAS, the Hearing Examiner’s FOV Decision directed King County, DESC, and RHI 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 de-intensification use at the Red Lion is allowed utilizing the
criteria in RMC 4-2-050.C.6.a; and
WHEREAS, on or about October 15, 2020, King County, DESC, and RHI jointly applied for an unclassified use interpretation for the current and temporary use of the Red Lion; and
WHEREAS, on or about October 23, 2020, King County, DESC, and RHI jointly commenced a lawsuit in King County Superior Court, under Cause No. 20-2-15681-7 KNT, challenging the Hearing
Examiner’s FOV Decision (hereinafter, the “Renton Shelter Lawsuit”); and
WHEREAS, pursuant to a stipulation of all parties to the Renton Shelter Lawsuit, the Renton Shelter Lawsuit’s case schedule was extended by 90 days with the first deadline in the action
now postponed until January 28, 2021; and
WHEREAS, in response to the Hearing Examiner’s FOV Decision, the City Council wishes to clarify and confirm its policy regarding “Hotel,” “Social Service Organizations,” and “Division
Facility / Diversion Interim Service Facility” land uses, to apply city-wide; and
WHEREAS, the City Council finds that the amended definition of “Hotel,” as set forth in Section IX below, codifies City Council intent, including adding the WAC 458-2-166(3) definition
of “transient” to the definition of “Hotel” to mean “for less than one month, or less than thirty continuous days if the rental period does not begin on the first day of the month;”
and
WHEREAS, the City Council further finds that adding a definition for “Hotel, Extended Stay,” as set forth in Section IX below, further clarifies the intent of the City Council; and
WHEREAS, the City Council further finds that the amended definition of “Social Services Organizations,” as set forth in Section X below, codifies City Council intent, including confirming
that “night shelter” operations are not an allowed component of a Social Service Organizations land use; and
WHEREAS, the City Council also finds that there is a need to adopt certain related clarifications to the Renton Municipal Code regarding the unclassified use interpretation process,
the distinctions between “principal” and “accessory” uses, and the title of positions within CED; and
WHEREAS, the City Council acknowledges that pursuant to the Hearing Examiner’s FOV Decision, the Renton Municipal Code may currently allow the use of the Red Lion for shelter de-intensification
to operate within the City’s Commercial Arterial (CA) zoning district; and
WHEREAS, therefore, in addition to clarifying the Renton Municipal Code in response to the Hearing Examiner’s FOV Decision, the City Council has determined that it will amend the Renton
Municipal Code to add a definition for a “COVID-19 de-intensification shelter” land use and to allow a single such land use within the City’s Commercial Arterial (CA) zoning district,
on a short-term basis coextensive with the effective period of this ordinance and subject to additional standards and regulations established in this ordinance; and
WHEREAS, the City intends to allow the COVID-19 de-intensification shelter land use allowed by this ordinance to operate until six months after the King County Local Health Officer determines
that the COVID-19 de-intensification is no longer needed to protect the Main Shelter residents from COVID-19; and
WHEREAS, meanwhile, the City Council recognizes that the homelessness crisis in King County is a serious regional challenge but that it is a regional challenge that predates the COVID-19
pandemic; and
WHEREAS, the City Council finds that one of the ways that the City can help combat the homelessness crisis that predated the COVID-19 pandemic is to expressly allow for homeless services
land uses within the City and to provide for reasonable regulation of such uses; and
WHEREAS, in response, the City Council has determined to, on an emergency and interim basis, define “homeless services use” land uses, state the zoning designations in which such land
uses are allowed, and establish regulations to be applied to such uses. During the interim period in which this ordinance is in effect, it is the City Council’s desire to have City
staff further study options for regulating homeless services uses; and
WHEREAS, the City Council finds that there is a need to adopt this ordinance as an interim zoning control ordinance on an emergency basis; and
WHEREAS, the City Council expressly intends that this ordinance moot the Unclassified Use Request; and
WHEREAS, the City Council expressly intends that this ordinance moot the Renton Shelter Lawsuit; and
WHEREAS, the City Council expressly intends that procedural and substantive due process rights be met in the contents of and process of adopting this ordinance; and
WHEREAS, the City Council held a public hearing on November 23, 2020, and December 7, 2020, regarding the subject matter of this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. The above recitals are adopted as findings of fact in support of this interim zoning control ordinance adopted herein pursuant to RCW 35A.63.220 and RCW 36.70A.390, and are
found to be true and correct in all respects.
SECTION II. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged.
SECTION III. Subsections 4-2-050.A, 4-2-050.C.4, 4-2-050.C.5, and 4-2-050.C.6 of the Renton Municipal Code are amended as shown below. All other provisions in 4-2-050 remain in effect
and unchanged.
4-2-050 PERMITTED LAND USES ESTABLISHED:
A. CATEGORIES OF USES ESTABLISHED:
This Section establishes permitted, conditional, accessory and prohibited uses, by zone, for all properties within the Renton City Limits. All uses in a given zone are one of six (6)
types:
PERMITTED USES: Land uses allowed outright within a zone as a principal use. Permitted uses are distinct from other uses listed separately in RMC 4-2-060, Zoning Use Table – Uses Allowed
in Zoning Designations and/or as defined.
CONDITIONAL USES (ADMINISTRATIVE): Land uses which may be permitted as a principal use within a zoning district following review by the Development Services Division Director Administrator
to establish conditions mitigating impacts of the use and to assure compatibility with other uses in the district.
CONDITIONAL USES (HEARING EXAMINER): Uses 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.
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 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 may 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 by an applicant, an administrative interpretation shall be made by the Development Services Division Director
Administrator to determine if a proposed use is allowed as an accessory use utilizing the rules of interpretation in subsection C4a of this Section. If the applicant does not concur
with the interpretation of whether a use is accessory or with the permit type applied to a use, appeal may be made pursuant to RMC 4-8-110, Appeals. Interpretations made by the Development
Services Division Director Administrator shall be documented, and updates to Title 4, when consistent with the title format and level of detail, shall incorporate “accessory use” interpretations
upon approval by the legislative authority.
a. Rules of Interpretation for Accessory Uses: To determine whether a use is permitted as accessory, the Development Services Division Director Administrator shall utilize the following
rules of interpretation:
i. If a use is allowed or conditionally allowed in a zone as a “permitted” use, accessory uses associated with the primary use that are determined to be incidental, necessary and commonly
found with the permitted
use may be allowed with the same permit type as the primary use, unless specifically stated otherwise.
ii. If a use is permitted or conditionally permitted as a primary use, subject to location restrictions, the listed use, even as an accessory use, is also subject to the same location
restrictions as the primary use, unless specifically stated otherwise. For example, if a use is restricted to a location within the Employment Area (EA) land use designation, then the
accessory form of the use is only permitted in the EA, unless specifically stated otherwise.
iii. Required parking, required site utilities/facilities, and other development standards required in order to establish or operate a use on a site according to the RMC are considered
accessory.
5. Prohibited Uses: If no symbol appears in the box at the intersection of the column and the row, the use is prohibited in that district unless otherwise determined by the Development
Services Division Director Administrator, pursuant to this subsection C6 of this Section, Unclassified Uses, or subsection C4, Accessory Use Interpretations.
6. Unclassified Uses: Upon inquiry 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
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.
SECTION V. Subsections 4-2-080.A.71 and 4-2-080.A.100 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 one hundred (100) individuals, unless the facility operates in a building pre-existing
the use as a diversion facility. In the case of a
reuse of an existing building, the limit of the number of people served by the facility is determined by physical capacity of the building.
100. Reserved. No more than one (1) COVID-19 de-intensification shelter may operate within the Commercial Arterial zoning district. No COVID-19 de-intensification shelter may operate
within the Commercial Arterial zoning district six months after the King County Local Health Officer determines that the COVID-19 de-intensification is no longer needed to protect the
Main Shelter residents from COVID-19.
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 regulations for homeless services uses that are proposed to or that do primarily provide shelter to one or more populations of people experiencing
or transitioning from homelessness.
B. APPLICABILITY:
This Section applies to all homeless services uses, except as expressly set forth in this Section. This Section does not apply to:
1. Temporary uses permitted under the terms of RMC 4-9-240, Temporary Use Permits;
2. COVID-19 de-intensification shelters;
3. Religious organizations hosting temporary encampments within buildings on their property under the terms of RCW 35A.21.360 (Temporary encampments for the homeless – Hosting by religious
organizations authorized – Prohibitions on local actions);
4. Social service organizations; and
5. Unrelated individuals living together as a “family” pursuant to the definition contained in RMC 4-11-060.
C. DEFINITIONS:
1. Definitions Applicable to Terminology Used in This Section: See also Definitions in RMC chapter 4-11.
a. “Code of conduct” is an agreement on rules of behavior between occupants of a homeless services use and operators and providers offering a homeless services use at a specific location.
The code of conduct is intended to protect the health, safety, and welfare of the occupants and employees of the homeless services use, and the surrounding residents and businesses.
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.
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, corporation, or other organization of any kind that proposes to site and operate a homeless services use in the City.
g. “Provider” means any person, partnership, 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. The elements contained in the standard
operating procedures plan would generally be applicable to all homeless services in Renton irrespective of where they are proposed to be located.
j. “Supportive services” are those provided to occupants of a homeless services use for the purpose of facilitating their independence and include, but are not limited to, services such
as case management, medical treatment, psychological counseling, childcare, transportation, and job training.
D. APPROVAL PROCESS REQUIRED: A homeless services use requires approval of a Hearing Examiner conditional use permit, processed pursuant to the provisions of RMC 4-9-030 and the provisions
of this Section.
E. PRE-APPLICATION PROCESS:
1. Pre-application Materials: Shall be submitted to the Department pursuant to RMC 4-8-100 before a permit application for a homeless services use may be filed. In addition to standard
pre-application submittal materials, materials for homeless services uses pre-applications shall include:
a. Name of the operator;
b. Statement of experience operating the type of homeless services use that is proposed or any other relevant experience;
c. Statement of homeless population to be served and occupancy target for each homeless services use proposed;
d. Data provided by the applicant describing the extent to which the proposed homeless population requires shelter and/or supportive services;
e. Whether the applicant intends to seek funding for the proposed homeless services use from the City or from a regional coalition for housing;
f. Demonstrated experience of the operator at running successful homeless services for the homeless population that is intended to be served;
g. The draft safety and security plan that has undergone preliminary review and incorporated feedback from the Renton Police Department; and
h. Any additional documentation submitted by the applicant for the pre-application meeting and written public comments received on the proposal through completion of the pre-application
neighborhood meeting required by subsection E.2 of this Section.
2. Pre-application Neighborhood Meeting: Prior to submittal of pre-application materials, the applicant shall hold a public informational meeting pursuant to RMC 4-8-090.A, Neighborhood
Meetings. The purpose of this meeting is to provide an early, open dialogue between the applicant, the operator, and property owners surrounding the proposed homeless services use.
The meeting should acquaint the surrounding property owners with the operator and provide for an exchange of information about the proposal and the community where the use is proposed
to be located. The operator shall share information regarding its intended permit application (e.g., the draft standard operating procedures, draft code of conduct, and draft safety
and security plan) for the proposed homeless
services use. The surrounding property owners should share characteristics of the surrounding community and any issues or concerns of which the operator should be made aware. Notice
of the neighborhood meeting shall be provided by the Administrator pursuant to the requirements of RMC 4-8-090.A, Neighborhood Meetings.
3. Pre-application Site Inspection by the City: If the applicant proposes to use an existing structure to house a homeless services use, a pre-application site inspection shall be required.
The applicant shall allow for an inspection of the structure proposed to house a homeless services use by staff representatives of the Building Official and Fire Marshal. The purpose
of the inspection is to preliminarily determine if the facility meets the Building and Fire Code standards for the proposed use. The purpose of this inspection is not to ensure that
a facility meets the requirements of this Code or to force an applicant to bring a proposed facility up to applicable standards prior to project approval. The inspection is intended
to inform the applicant, the operator, the City, the underlying property owner, and the public of applicable building modifications that would be necessary to establish a homeless services
use prior to making an application. Code deficiencies that are not discovered or recognized during this inspection
shall not excuse the applicant from later compliance with all applicable code requirements.
F. SUBMITTAL REQUIREMENTS:
1. An applicant seeking to establish a homeless services use is required to submit application materials that meet the submittal requirements for a conditional use permit as required
by RMC 4-8-120.
2. In addition to the applicable conditional use permit submittal requirements identified in subsection F.1 of this Section, information identified in this subsection shall also be included
with the permit application. An application that does not contain the information listed in this subsection shall not be considered complete. All applications for homeless services
shall include the following:
a. A description of the homeless population to be served by the proposed homeless services use, dates and times of operation, and associated occupancy targets.
b. A statement of the operator’s experience at providing homeless services, including examples of similar facilities managed by the operator.
c. A list of transit stops and park and rides within one-half (0.5) mile of the proposed homeless services use.
e. A standard operating procedures plan including, but not limited to:
i. A description of how the proposed homeless services will serve the homeless population that will be accommodated by the use;
ii. A description of staffing for the proposed homeless services use 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 proposed perimeter area around the site where the code of conduct and applicable Sections of the safety and security plan will apply;
vii. A brief description of the procedures used to manage intake of the homeless population that is proposed to be served;
viii. 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;
ix.
x. Where applicable, a plan to ensure that school-aged residents of the use are enrolled in school during their stay;
xi. Identification of a primary point of operator contact for assistance and referrals to send homeless individuals seeking services;
xii. A plan for managing exterior appearance of the proposed homeless services use, including trash/litter, hazardous materials, and biohazards, on the property of the use and surrounding
sidewalks;
xiii. A description of how the operator will inform and educate occupants of the homeless services regarding the code of conduct; and
xiv. A description of consequences to be imposed for violating the code of conduct.
f. A code of conduct that applies within the perimeter area to all individuals granted access to the proposed homeless services including, but not limited to:
i. Respect the rights of property owners to restrict access to areas of their property that are not open to the public;
iii. Maintain the site aesthetics;
iv. Do not possess or use illegal substances in public spaces;
v. Respect state law restrictions on smoking and use designated smoking areas where provided; and
vi. Comply with City of Renton regulations governing public conduct (including but not limited to the prohibition on public camping, loitering, trespassing, panhandling, etc.).
g. A safety and security plan describing measures that the operator will employ to promote the safety of shelter occupants and surrounding residents and businesses, including but not
limited to:
iii. A plan to address disruptive behavior exhibited by clients of the homeless services provider within a homeless services use and in the perimeter area that infringes on the safety
of occupants or employees of the use, and a description of the consequences for engaging in disruptive behavior;
iv. A plan for managing loitering and panhandling by clients of the homeless services provider in the perimeter area of the homeless services use;
viii. A reasonable plan for coordination between the operator, public safety officers (e.g., police, fire, etc.), and private security forces employed by surrounding property and business
owners;
xi. Provision of a phone number and point of contact at the site of the proposed homeless services use for the community to report concerns;
xii. A plan for addressing reported concerns and documenting resolution, and sharing this information with relevant neighbors, as applicable to the concern; and
h. Neighborhood meeting materials, for both the Pre-application Neighborhood Meeting and the Neighborhood Meeting, as required by RMC 4-8-120.
H. CITY APPROVAL REQUIREMENTS FOR HOMELESS SERVICES:
1. Applicability of City Review Process: A homeless services use requires approval of a conditional use permit. The conditional use permit shall be reviewed pursuant to RMC 4-9-030
as enhanced by the provisions of this Section.
2. Decision Criteria Applicable to Conditional Use Permits for a Homeless Services Use: The City may deny, approve, or approve with conditions a conditional use permit application for
a homeless services use if the applicant demonstrates that:
a. The proposal complies with the conditional use permit decision criteria of RMC 4-9-030.D;
b. The proposal complies with the applicable requirements of the RMC;
c. The proposal includes a standard operating procedures plan meeting the requirements of subsection F.2.# of this Section;
d. The proposal includes a code of conduct meeting the requirements of subsection F.2.# of this Section;
e. The proposal includes a safety and security plan meeting the requirements of subsection F.2.# of this Section and incorporating the feedback provided by the Renton Police Department;
and
f. The proposal addresses all applicable design guidelines and development standards of this Section and any applicable land use district overlay in a manner which fulfills their purpose
and intent.
3. Minimum required notice and public engagement procedures for homeless services shall include the following:
a. Notice of the pre-application neighborhood meeting shall be provided pursuant to RMC 4-8-090.A;
b. A neighborhood meeting shall be held pursuant to RMC 4-8-090.A on all applications to establish a homeless services use. Prior to the neighborhood meeting, the operator shall meet
and confer with the Renton Police Department regarding the proposed safety and security plan described in the submittal materials as required by subsection F.2.# of this Section. At
the neighborhood meeting, a representative of the homeless services use operator shall present in
writing and describe the proposed safety and security plan, and any input or comments received on the plan from the Renton Police Department.
c. Notice of an application to establish any homeless services use shall be provided pursuant to RMC 4-8-090.
4. Administrator’s Recommendation:
a. A written report of the Administrator shall be prepared in response the approval criteria and public comment.
b. Notice of Availability of the Administrator’s Recommendation: Notice of the availability of the Administrator’s recommendation shall be provided pursuant to RMC 4-8-090.
5. Modifications to a Homeless Services Use: Conditions of approval for a homeless services use apply for the life of the project. Any increase in the number of beds beyond that applied
for by the applicant and included in the City approval, or changes to the population served by the homeless services use, shall be considered a major modification and processed through
the Use Modification Application Process pursuant to #######.
I. DEVELOPMENT STANDARDS/USE REQUIREMENTS:
1. General Development Requirements: The applicable general development requirements of the zone shall be met unless specifically modified by the terms of this Section when applied to
a homeless services use.
2. Parking, Circulation and Walkway Requirements: In addition to the terms of RMC 4-4-080, the following requirements apply to all homeless services:
a. Number of Parking Stalls: Homeless services are unspecified under the terms of RMC 4-4-080.F.10.d, and required parking stalls shall be established by the Administrator, based on
staff demand, feasibility, and available transit.
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 shall comply with occupancy limitations contained in applicable building and fire codes and ordinances adopted by the City.
b. Overnight shelter uses shall not provide sleeping accommodations for more than one hundred (100) residents in a new building, constructed for the use, and shall comply with the following
additional requirements:
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 in General:
i. Adequate toilet, bathing, sleeping, laundry, and storage facilities to meet the demands anticipated by the homeless services provider.
ii.
iii. Designated smoking areas complying with all state and local laws.
iv. Adequate staffing provided during operating hours for each homeless services use to meet the demands anticipated by the homeless services provider.
v. Designated and dignified privacy areas to meet the needs of the anticipated homeless population that is proposed to be served (e.g.,
lactation rooms, medical/counseling rooms, caseworker consultation spaces, etc.).
vi. A permanent address to meet the demands anticipated by the homeless services provider.
viii. A final safety and security plan updated after input and comments have been received on the plan from the Renton Police Department.
b. Access to electrical outlets to meet the demands anticipated by the homeless services provider.
J. ADDITIONAL DESIGN REQUIREMENTS:
1. Crime Deterrence: When and where feasible, the design of any homeless services use shall incorporate Crime Prevention Through Environmental Design (CPTED) principles and use available
technology to deter crime. Examples include:
a. Visibility of entrance and exit points to and from any structure housing a homeless services use;
b. Open and well-lighted pedestrian connections between the homeless services use, accessory parking, transit services and other supportive services in the area; and
c. Video surveillance of entrance and exit points to and from any structure housing a homeless services use.
2. Common Areas: Common areas shall be provided to enhance resident enjoyment through inclusion of features such as libraries, roof decks, patios, and gardens. Unavailability of any
one of more of these features will not prevent the approval of a homeless services use application.
K. MITIGATION MEASURES:
The City may impose reasonable and feasible conditions relating to the development, design, use, or operation of a homeless services use to mitigate environmental, public safety, or
other identifiable impacts.
SECTION VII. The definition of “COVID-19 De-intensification Shelter” is added in alphabetical order to Section 4-11-030 of the Renton Municipal Code as shown below.
COVID-19 DE-INTENSIFICATION SHELTER: A facility (whether 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.
SECTION VIII. The definition of “Diversion Facility” in Section 4-11-040 of the Renton Municipal Code is amended, 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 in King County, 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.
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 for the primary purpose of providing shelter for people experiencing homelessness in general
or for specific populations of people experiencing homelessness. Supportive services may or may not be provided in addition to the provision of shelter.
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) days. 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 above the first floor. Lodging space may also be located on the first floor. Individual rooms are typically accessed from a common hallway and include permanent provisions
for sanitation but do not provide kitchen facilities. A central commercial kitchen and dining room catering to the hotel patrons may be provided, event space, eating and drinking establishments,
and accessory shops and services typically located in or provided by hotels and catering to the general public may be provided. Not included in this definition are facilities providing
crisis intervention or case management or both, multi-family attached dwellings, bed and breakfasts, or motels.
HOTEL, EXTENDED-STAY: A building or portion thereof for rental of rooms with permanent provisions for living, eating, sanitation, and cooking for temporary occupancy without limits on
duration. Extended-stay hotel structures are at least two (2) stories in height, with lodging space above the first floor. 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.
SECTION XI. The interim zoning controls imposed herein shall be in effect for six months from the passage of this ordinance, unless ended earlier by subsequent City Council action,
or unless subsequently extended by the City Council pursuant to state law.
SECTION XII. During the interim period in which these interim zoning controls are in effect, City staff are directed to further investigate:
(1) The matter of COVID-19 de-intensification shelters and what further zoning and land use regulation, if any, of such uses the City should undertake; and
(2) The matter of homeless services uses and what further zoning and land use regulation, if any, of such uses the City should undertake.
City staff should present to the City Council for its consideration an update regarding these two matters prior to the expiration of the interim zoning controls established in this ordinance,
as well as any further recommended legislation.
SECTION XIII. If any Section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such
invalidity or unconstitutionality thereof shall not affect the constitutionality of any other Section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION XIV. The City Council declares an emergency for the protection of the public welfare and to enable the purpose and intent of this ordinance to be accomplished. This ordinance
shall take effect immediately when passed by the City Council. The City Clerk shall cause to be published a summary of this ordinance in the City’s official newspaper. The summary
shall consist of this ordinance’s title..
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2020.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2020.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2120:11/17/2020
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
H
H
H
H
H
H
COVID-19 de-intensification shelter
P100
K. SERVICES
Hotel, extended-stay
P29
P29
P29
P29
P