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HomeMy WebLinkAboutSingla2 Attachment 1CITY 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 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 REENTONI MUNICIPAL GODE, AMENDING THE DEFInTTinn0; "WOTF» ADD ADDING n DEFINITinN OF "HOTE EXT€NB€D-STAY" IN S€cmcm 4-11-^8^ Af T'IPPII\� T'1 PCI 11■11 Ipl\�1 1 Ip 1 CC, Cf[ � p � THE RENTON MUNICIPAL COD-, 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.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 and WHEREAS, on March 6, 2020, the Mayor proclaimed a local emergency due to COVID-19; 1 ORDINANCE NO. WHEREAS, on March 31, 2020, King County's Local Health Officer, Dr. Jeff Duchin, issued a Local Health Officer Order (which Dr. Duchin amended on May 20, 2020) (collectively, the "County Health Order") authorizing King County to use only "legally available" resources to "de - intensify or reduce the density of existing homelessness shelters and encampments" in response to the COVID-19 pandemic, and further emphasized that the County Health Order did not "authorize illegal means or behavior;" and WHEREAS, on April 2, 2020, King County leased the Red Lion Hotel & Conference Center located at 1 South Grady Way, Renton (the "Red Lion Site"), from the property owner Renton Hotel Investors, LLC ("RHI"); and WHEREAS, on or about April 9, 2020, in coordination with King County and under King County's lease with RHI, the Downtown Emergency Service Center ("DESC") began using the Red Lion Site as a COVID-19 deintensification shelter for persons experiencing homelessness (the "COVID-19 Shelter"). DESC did so without coordinating with City officials or City staff and without inquiring into or obtaining City land use or building permits or obtaining a City business license; and WHEREAS, as described by DESC, the COVID-19 Shelter operates as a 24-hour shelter for DESC's clients experiencing homelessness, with a wide range of services including the provision of meals, case management, and crisis intervention. DESC has been continuously operating the COVID-19 Shelter since on or about April 9, 2020, in concert with King County; and WHEREAS, City staff immediately made the following land use and zoning determinations regarding the COVID-19 Shelter: (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) 2 ORDINANCE NO. 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 COVID-19 Shelter is not an allowed land use on the Red Lion Site; and WHEREAS, City staff also immediately determined that the COVID-19 Shelter had opened without King County, DESC, or RHI having first applied for a City business license for the COVID- 19 Shelter operations, in violation of RMC 5-5-3; and WHEREAS, despite City staff's determinations that the COVID-19 Shelter is not an allowed land use on the Red Lion Site and was operating without a required City business license, the City was willing to temporarily forbear on taking code enforcement action against the COVID-19 Shelter if King County would enter into a Memorandum of Understanding ("MOU") with the City regarding the operations of the COVID-19 Shelter and the duration of the COVID-19 Shelter's operations at the Red Lion Site. Accordingly, the City provided a draft MOU to King County in April 2020, and proceeded to negotiate in good faith with King County regarding an MOU, but King County would not agree to any MOU that committed King County or DESC to a timeframe for relocating the COVID-19 Shelter's operations from the Red Lion Site to another location within or beyond City of Renton limits; and WHEREAS, on June 30, 2020, when the MOU negotiations had dissolved with no commitment on the part of King County or DESC to relocating the COVID-19 Shelter to a location 3 ORDINANCE NO. 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;" 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 COVID-19 Shelter meets the RMC definition of a "Hotel" land use. However, they also took the position that even if the COVID-19 Shelter did not meet the definition of a "Hotel" land use that the COVID-19 pandemic and the County Health Order had the effect of exempting King County, RHI, and DESC from complying with the City's zoning and land use laws and permitting requirements; and WHEREAS, for its part, in front of the Hearing Examiner, the City took the positions that (1) the COVID-19 Shelter does not meet the RMC definition of a "Hotel" land use, (2) the COVID- 19 Shelter's operations appeared to most closely align with the RMC definitions for the "diversion facility / diversion interim service facility" land use or the "congregate residence" land use, (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 2 ORDINANCE NO. 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;" 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 and DESC to choose either to vacate the Red Lion Site within 60 days or to apply to the City for an "unclassified use" interpretation in which the Department of Community & Economic Development ("CED") would determine if the COVID-19 Shelter is allowed utilizing the criteria in RMC 4-2-050.C.6.a; and WHEREAS, although the October 2, 2020 portion of the Hearing Examiner's FOV Decision confirms that the "unclassified use analysis ... decision is left to City staff as governed by City code," the Hearing Examiner's FOV Decision nevertheless pervasively projects that the outcome of CED's unclassified use interpretation will be to deem the COVID-19 Shelter a "Hotel" land use, a "Social Service Organizations" land use, or a combination of the two; and WHEREAS, the Hearing Examiner's FOV Decision's projections that an unclassified use interpretation would result in a "Hotel" and/or "Social Service Organizations" land use determination were based, in part, on the following assumptions regarding the intent of the City Council: • Regarding the "Hotel" land use, the Hearing Examiner's FOV Decision states: "The City has taken the strong position that the requirement in the hotel definition that guest stays be "transient" means that stays must be 30 days or less. Although the vast majority of hotel use may very well be 30 days or less, there is no basis to conclude that hotels stays will not sometimes be longer due to exceptional circumstances such as natural disasters and pandemics. The most compelling reason to disagree with the City's 30-day interpretation is simply that the Renton City Council didn't expressly adopt a 30-day limit for hotel stays. If the Council wanted a hard and fast rule on the length of time that someone could stay in a 5 ORDINANCE NO. 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); and WHEREAS, on or about October 15, 2020, King County, DESC, and RHI jointly applied for an unclassified use interpretation for the COVID-19 Shelter, as provided for in the Hearing Examiner's FOV Decision (the "Unclassified Use Request"); and WHEREAS, an unclassified use interpretation application is not a permit application type that vests upon submittal of a complete application (See RMC 4-1-045 "Vesting"); and 2 ORDINANCE NO. 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, 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 further finds that the amended definition of "Diversion Facility" and the removal of the definition of "Diversion interim Service Facility," as set forth in Section VIII below, codifies City Council intent; and 7 ORDINANCE NO. WHEREAS, the City Council also finds that there is a need to adopt certain related clarifications to the Renton Municipal Code regarding the unclassified use interpretation process, the distinctions between "principal" and "accessory' uses, and the title of positions within CED; and WHEREAS, the City Council acknowledges that pursuant to the Hearing Examiner's FOV Decision, the Renton Municipal Code does not currently allow the COVID-19 Shelter to operate within the City's Commercial Arterial (CA) zoning district; and 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 deintensification 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 Council wishes to further consider the issue of whether COVID-19 deintensification shelters may operate within the City of Renton after the effective period of this ordinance, and it is the City Council's desire to have City staff further investigate the matter; and 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 0 ORDINANCE NO. 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, 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. 9 ORDINANCE NO. 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 c,,,-.,;ees DiV.508R DiF ete-Administratorto 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 t4e—a principal use and located within the same structure as the principal use or otherwise upon the same site occupied by tl+ a principal use 9-en an 10 ORDINANCE NO. a butteng/a djaEent let that is unae.r the Sa�Re; ship as the PFiRGiPaI I„+ 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 n,,.,elep.. eRt S,,.-.,;6eS 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 DevelepmeFit servieies DiTester Administrator pursuant to RMC 4-2-0404-2-05006. Any prohibited use is illegal and is a misdemeanor punishable under RMC 1-3-1,_ 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 SeF*ees DiVi R DiFeGtGF Administrator as similar to a listed permitted, conditionally permitted or accessory use, and not otherwise prohibited, pursuant to RMC 4-2-05006, 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. 11 ORDINANCE NO. 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 ServiEes T-swen Dmreeter Administrator may determine if an unclassified use or a classified use, 12 ORDINANCE NO. 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 SeFV*6eS DiViSi^^ DiFe�+^r- 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 DevelepmeRt servirces DivTsien Direster 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 SeF*EeS DiViSiGR PiFeeter 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 13 ORDINANCE NO. 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 Develepment Service-S. Direeter 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 Devekepment SeFViees [)*V* ^ DiFeeter 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 &imr�Administrator shall indicate which zones, if any, do permit the use subject to locational restrictions and development standards. If the Develepment SeFViees Dwyis*en DmFeeteF'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. 14 ORDINANCE NO. Interpretations made by the DevermeRt SeFviees Division D*FeEter Administrator shall be documented, and updates to Title 4 shall be updated , when PAncir+nn+.. eth the +i+le fer.. at and I,,,,PI Af r!n+-+i�respond t0 "unclassified use" interpretations upon appFaval by the legislative th-e •.made 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 spp4rpr, Duyur;nR Dur„ter- 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 ;R 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 15 ORDINANCE NO. 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 R M C 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 1-405. Diversion facilities shall be limited to serving one hundred (100) individuals. 100. R^,�c§cTccd No more than one (1) COVID-19 deintensification shelter may operate within the Commercial Arterial zoning district. After June 1. 2021. no COVID-19 deintensification shelter shall serve more than one hundred (100) rsons at anv time. No COVID-19 deintensification shelter may operate within the Commercial Arterial zoning district after the expiration of the interim zoning controls established in Ordinance No. [this ordinancel, unless extended by City action. 16 ORDINANCE NO. 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 deintensification 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: 17 ORDINANCE NO. 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. 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 adeauate nighttime residence. meanine: (i) Has a primary nighttime residence that is a public or private place not meant for human habitation: (ii) Is liviniz in a Dubliclv or Drivatelv oaerated shelter desienated to provide temporary living arrangements (including congregate shelters, transitional housing. and hotels and motels Daid for by charitable oreanizations 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. m ORDINANCE NO. 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 reauired by subsection F.2.e of this Section. The elements contained in the standard operating procedures plan would nerallv be aDDlicable to all homeless services in Renton irresaective of where they are proposed to be located. "SuDDortive services" are those Drovided to occuaants 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 treatm 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. 19 ORDINANCE NO. 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 tareet for each homeless services use oroaosed: 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 Citv or from a regional coalition for housi f. Demonstrated experience of the operator at running successful homeless services for the homeless aoaulation 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. 20 ORDINANCE NO. 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 communitv and anv issues or concerns of which the operator should be made aware. Notice of the neighborhood meeting shall be provided by the Administrator Dursuant to the reauirements of RMC 4-8-090.A. Neighborhood Meetings, and the required mailing radius for notice of a homeless services use shall be expanded to include owners. and the Dhvsical addresses for Droaerties that are not owner -occupied, of real property within one thousand feet (1,000) of the Droiect site. 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 21 ORDINANCE NO. 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 proiect approval. The inspection is intended to inform the applicant, the operator, the City, the underlying property owner, and the public are aware 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 aw licant from later compliance with all apDlicable code requirements. F. SUBMITTAL REQUIREMENTS: 1. An applicant seeking to establish a homeless services use is required to submit aaDlication materials that meet the submittal reauirements for a conditional use permit as required by RMC 4-8-120. 2. In addition to the applicable conditional use Dermit submittal requirements identified in subsection F.1 of this Section, information identified in this subsection shall also be included with the permit aaDlication. An aaalication that does not contain the information listed in this subsection shall not be considered complete. All applications for homeless services shall include the following: 22 ORDINANCE NO. a. A description of the homeless population to be served by the proposed homeless services use, dates and times of operation, and associated occupancV targets. b. A statement of the operator's experience at providing homeless services, including examples of similar facilities managed by the operator. c. A list of transit stops and park and rides within one-half (0.5) mile of the proposed homeless services use. d. A list of iob retraining and education uses within one-half mile (0.5) 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 staffine demand: use; iii. A description of the anticipated providers that will serve the ulation that will be accommodated by the homeless services u iv. A description of the known funders for the homeless services 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; 23 ORDINANCE NO. vi. A map of proposed travel routes that the operator will suggest individuals use when seeking access to the homeless services use; vii. A 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. Where appropriate and feasible, a plan for developing a communitv service model that is tailored to the homeless copulation to be served at the location where the homeless services use is proposed to be located. A communitv service model is intended to provide a framework for persons experiencing homelessness to work volunteer service hours within the scope of their abilitv in the communitv where thev are receiving support from a homeless services use; x. Where applicable. a plan to ensure that school-aized residents of the use are enrolled in school during their stay; xi. Identification of a Drimary 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 within the identified Derimeter area of the site: 24 ORDINANCE NO. 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; ii. Use operator -suggested routes of travel to access the homeless services use; iii. Maintain the site aesthetics: iv. Do not possess or use illegal substances; v. Respect state law restrictions on smokinia 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: 25 ORDINANCE NO. i. Criteria for resection or removal of an individual seeking access to the proposed homeless services use; ii. A plan for deployment (including time, place and manner) of security patrols; iii. A plan to address disruptive behavior 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, panhandling, and unpermitted camuing in the perimeter area of the homeless services use: v. Identification of site specific magnet areas (e.g., greenbelts, libraries. transit facilities. etc.) and a plan to address behavior that is inconsistent with the code of conduct and Renton Municipal Code; vi. Implementation of registered sex offender background checks and compliance with applicable registration and notification requirements; vii. A plan for managing individuals excluded from accessing the proposed homeless services; viii. A plan for coordination between the oaerator. Dublic sa officers (e.g., police, fire, etc.), and private security forces employed by surrounding property and business owners; 26 ORDINANCE NO. ix. A plan for coordination and communication between the operator, Renton Police, and other local and regional law enforcement agencies to ensure timely information sharing between agencies; x. A plan for coordination with state and local law enforcement to ensure compliance with conditions of parole, probation, or community custody, including but not limited to any residency restrictions; 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 makine this information Dubliclv available: and xiii. Identification of performance metrics that will be used to track compliance with the safety and security plan. h. Neighborhood meeting materials, for both the Pre -application Neighborhood Meeting and the Neighborhood Meeting, as required by RMC 4-8- 120. G. GOOD NEIGHBOR AGREEMENT PROCESS REQUIRED: Reserved. H. CITY APPROVAL REQUIREMENTS FOR HOMELESS SERVICES: icabilitv of Citv Review Process: A homeless services use reauires 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 27 ORDINANCE NO. 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; RMC; b. The proposal complies with the applicable requirements of the 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 Sect e. The proposal includes a safety and security plan meeting the uirements of subsection F.2.2 of this Section and incorooratina 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 ouraose and intent. 3. Minimum required notice and public engagement procedures for homeless services shall include the followin a. Notice of the pre -application neighborhood meeting shall be provided pursuant to RMC 4-8-090.A; provided that the required mailed notice for a homeless services use shall be expanded to include owners of real property within one thousand feet (1,000') of the proiect site; m ORDINANCE NO. 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.g of this Section. At the neighborhood meeting, a representative of the homeless services use operator shall present in writing and describe the proposed safety and security plan, and any input or comments received on the plan from the Renton Police Department. c. Notice of an application to establish any homeless services use shall be rovided pursuant to RMC 4-8-090. Reauired mailed notice for a homeless services use shall be expanded to include owners of real property within one thousand feet (1,000') of the project site; 4. Administrator's Recommendation: a. A written resort of the Administrator shall be prepared in resaonse the approval criteria and public comment. b. Notice of Availabilitv of the Administrator's Recommendation: Notice of the availability of the Administrator's recommendation shall be provided ursuant 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 proiect. Any increase in the number of beds beyond that applied for by the applicant and included in the City 29 ORDINANCE NO. approval, or changes to the population served by the homeless services use, shall be considered a major modification and processed as a new application. I. DEVELOPMENT STANDARDS/USE REQUIREMENTS: 1. General Development Requirements: The applicable general development requirements of the zone shall be met unless specifically modified 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 reauired Darkiniz stalls shall be established by the Administrator. b. Overnight Camr)inR is Prohibited: Camain2 is Drohibited in areas that provide accessory parking for the homeless services use. c. Entrance Area: Entrances to intake areas for a homeless services use shall provide for user queuing adequate to ensure: i. Protection from the weather and natural elements: and ii. Privacy for the homeless individuals seeking access to the use. d. Entrance and Elevator Separation: Entrances and elevators servin the homeless services shall be physically separated from entrances and elevators serving any residential use that is located on the same site. 3. Occupancy Limits and Size -Related Development Standards. 30 ORDINANCE NO. 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, 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 ereater than one-half (0.5) mile from any other homeless services use, unless they are co -located as part of a single development. iii. Shelters with more than fifty (50) beds should locate within one 1) mile of a aublic transit stop. 4. Minimum Requirements: a. Homeless Services in General: i. Adequate toilet, bathing, sleeping, laundry, and storage facilities to meet the demands anticiaated by the homeless copulation that is aroaosed to be served. ii. Access to WiFi for occupants of the homeless services use. 31 ORDINANCE NO. iii. Designated smoking areas located a minimum of twenty-five feet (25') from perimeter property lines with appropriate cigarette disposal facilities. iv. Adequate staffing provided during operating hours for each homeless services use. v. Designated and dignified privacy areas to meet the demands 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 and mailroom to meet the demands anticipated by the homeless population that is proposed to be served. viii. A final safety and security plan updated to incorporate input and comments received on the plan from the Renton Police Department. b. Day Shelter Use: Access to electrical outlets to meet the demands anticipated by the homeless population that is proposed to be served. c. Overnight Shelter Use: i. Overnight sleeping accommodations that do not exceed one hundred (100) beds. ii. A dedicated electrical outlet for every occupant of a bed. J. ADDITIONAL DESIGN REQUIREMENTS: 1. Crime Deterrence: The design of any homeless services use shall incorporate Crime Prevention Through Environmental Design (CPTED) principles and use available technology to deter crime. Examples include: 32 ORDINANCE NO. 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. 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 safety, or other identifiable impacts. L. INDEPENDENT TECHNICAL REVIEW: The City may require the applicant 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 reauirements 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. COVID-19 DEINTENSIFICATION SHELTER: A facility (whether situated inside or outside a building or a portion of a building) used for the relocation of 33 ORDINANCE NO. 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 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 that provides cemmwRit„ ^.._._ servie- wh e Finpatient healthcare for individuals that are self -admitted or ordered diverted, or referred from jails, hospitals, doctors or ^similar treatment facilities or professionals, or by first responders in King County, including law enforcement, hospital emergency department social workers, and similar rofessionals. eptions due to ^+-a' ;"^^55 A-r ehemieal dep n 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. 34 ORDINANCE NO. 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. Dhones. 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 riod (and not in response to a single event such as a disaster) for the Drima 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. 35 ORDINANCE NO. Wetel Strue-turp-S -;;rp- -;it least twe (2) steFies OR height, with IGdgiRg SpaGE? ahR;AP thP 36 ORDINANCE NO. 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 ^hysie ', „ eRtal, emetional, ^ ether .Ji-sahilitime- , but do not provide crisis intervention, day or night shelter, or case management. Alse, PUbliG OF ReRPFGfit that tFaiRi^^ eenterSThis does not include religious institutions, offices, government facilities, schools, hospitals, clinics, day care, homeless services uses, medical institutions, diversion facilities, lodging in any form, or residential uses. SECTION XI. The interim zoning controls imposed herein shall be in effect for six (6) months from the passage of this ordinance, unless ended earlier by subsequent City Council action, or unless subsequently extended by the City Council pursuant to state law. SECTION XII. During the interim period in which these interim zoning controls are in effect, City staff are directed to further investigate: 37 ORDINANCE NO. (1) The matter of COVID-19 deintensification shelters and what further zoning and land use regulation, if any, of such uses the City should undertake; and (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 M ORDINANCE NO. APPROVED BY THE MAYOR this day of _ 2020. Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2120:11/17/2020 Armondo Pavone, Mayor 39 O z W U z Q z 0 LA Z U O Z p C9 U a I N LLI =I a o z Z U O N OI Q U c>.� =I w � u O F 0-) Z J N Z _O H A Q z � c N W C7 � z 00 z O �p N J Q � Z W N Lu LA J U L Q LL U J m Q1 D 4 a v V) Z Q I_- o W V) — Z > a1 V) � U U 4 C - cn v > OU L tan, _0 CA W N LLI 2 C O N N � o> Ol � O U w N X N oa 0 0 2 U Y 2