4-4-045 HOMELESS SERVICES USE:
A. PURPOSE:
The purpose of this Section is to provide zoning and land use regulations for homeless services uses that are proposed to or that do primarily provide shelter to one or more populations of people experiencing or transitioning from homelessness.
B. APPLICABILITY:
This Section applies to all homeless services uses, except as expressly set forth in this Section. This Section does not apply to:
1. Uses allowed under a temporary use permit issued pursuant to the terms of RMC 4-9-240, Temporary Use Permits; and uses temporarily allowed pursuant to RMC 4-2-060G and 4-2-080A101 (including a COVID-19 deintensification shelter);
2. Religious organizations hosting the homeless within buildings on their property under the terms of RCW 35A.21.360 (Hosting the homeless by religious organizations – When authorized – Requirements – Prohibitions on local actions);
3. Social service organizations;
4. Unrelated individuals living together as a “family” pursuant to the definition contained in RMC 4-11-060; and
5. Housing for which the tenants fall under the protections of Chapter 59.18 RCW.
C. DEFINITIONS:
1. Definitions Applicable to Terminology Used in This Section: See also definitions in chapter 4-11 RMC.
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 adequate nighttime residence, meaning: (i) Has a primary nighttime residence that is a public or private place not meant for human habitation; (ii) is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs); or (iii) is exiting an institution where (s)he/it has resided for ninety (90) days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.
f. “Operator” means any person, partnership, business, corporation, or other organization of any kind that proposes to site and operate or does operate a homeless services use in the City.
g. “Provider” means any person, partnership, business, corporation, or other organization of any kind that provides supportive services to a homeless population accessing a homeless services use.
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 F2e of this Section.
j. “Supportive services” are those provided to occupants of a homeless services use for the purpose of facilitating their independence and include, but are not limited to, services such as case management, food or meals, medical treatment, psychological counseling, childcare, transportation, and job training.
D. APPROVAL PROCESS REQUIRED:
A homeless services use requires a conditional use permit, approved by a Hearing Examiner and processed pursuant to the provisions of RMC 4-9-030 and the provisions of this Section. As an alternative to the conditional use permit process, if requested by the applicant and recommended by the Mayor, an applicant for a homeless services use may request the Council approve a negotiated development agreement under the provisions of RCW 36.70B.170 through 36.70B.210. The City Council’s decision to enter into a development agreement is a discretionary legislative decision and approval of such agreement is not subject to the criteria in subsection H of this section or the submittal requirements in subsection F of this section, but related information may be incorporated into a negotiated development agreement.
E. PREAPPLICATION PROCESS:
1. Preapplication Materials: A neighborhood meeting is recommended but not required pursuant to RMC 4-8-100A prior to submittal of an application for a conditional use permit for a homeless services use.
2. Preapplication Neighborhood Meeting: Reserved.
3. Preapplication Site Inspection by the City: Reserved.
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 F1 of this Section, information identified in this subsection shall also be included with the permit application. An application that does not contain the information listed in this subsection shall not be considered complete. All applications for homeless services use shall include the following:
a. A description of the homeless population to be served by the proposed homeless services use, dates and times of operation, and associated occupancy targets.
b. A statement of the operator’s experience at providing homeless services, including examples of similar facilities managed by the operator.
c. Reserved.
d. Reserved.
e. A standard operating procedures plan including, but not limited to:
i. A description of how the proposed homeless services use will serve the homeless population that will be accommodated by the use;
ii. A description of staffing for the proposed homeless services use based on anticipated population size and needs and the training provided to staff hired to fulfill the identified staffing demand;
iii. A description of the anticipated providers that will serve the population that will be accommodated by the homeless services use;
iv. A description of the known funders for the homeless services use;
v. A description of the procedures used to manage intake of the homeless population that is proposed to be served;
vi. A plan for encouraging prospective occupants to provide personal identification for inclusion in the Homeless Management Information System (HMIS) to help increase opportunities to provide access to housing and services and to secure public funding for the proposed homeless services use;
vii. Reserved;
viii. Where applicable, a plan to ensure that school-aged residents of the use are enrolled in school during their stay;
ix. Identification of a primary point of operator contact for assistance and referrals to send homeless individuals seeking services;
x. Reserved;
xi. A description of how the operator will inform and educate occupants of the homeless services use regarding the code of conduct (described in subsection F2f of this Section); and
xii. A description of consequences to be imposed for violating the code of conduct.
f. A code of conduct that applies within the homeless services use site to all individuals granted access to the proposed homeless services use and that includes, but is not limited to, the following terms:
i. Respect the rights of property owners to restrict access to areas of their property that are not open to the public;
ii. Maintain the site in a safe and habitable condition;
iii. Do not possess or use illegal substances;
iv. Respect State law restrictions on smoking and use designated smoking areas where provided; and
v. Comply with City of Renton regulations governing public conduct.
g. A safety and security plan describing measures that the operator will employ to promote the safety of shelter occupants and surrounding residents and businesses, including but not limited to:
i. Criteria for rejection or removal of an individual seeking access to the proposed homeless services use;
ii. A plan for deployment (including time, place and manner) of security patrols;
iii. A plan to address any behavior exhibited by clients of the homeless services use provider within a homeless services use and its site that threatens the safety of occupants or employees of the use, and a description of the consequences for engaging in such behavior;
iv. Reserved;
v. Reserved;
vi. A plan for managing individuals excluded from accessing the proposed homeless services use;
vii. A plan for coordination between the operator, public safety officers (e.g., police, fire, etc.), and any private security forces employed by surrounding property and business owners to ensure timely information sharing;
viii. Provision of a phone number, email address, and point of contact at the site of the proposed homeless services use for the community to report concerns;
ix. A plan for addressing reported concerns and documenting resolution, and sharing this information with relevant neighbors, as applicable to the concern; and
x. Identification of performance metrics that will be used to track compliance with the safety and security plan.
h. Reserved.
G. GOOD NEIGHBOR AGREEMENT PROCESS REQUIRED:
Reserved.
H. CITY APPROVAL REQUIREMENTS FOR HOMELESS SERVICES USES:
1. Applicability of City Review Process: Unless approved by way of development agreement, a homeless services use requires approval of a conditional use permit by a Hearing Examiner. The conditional use permit shall be reviewed pursuant to RMC 4-9-030 as enhanced by the provisions of this Section.
2. Decision Criteria Applicable to Conditional Use Permits for a Homeless Services Use: The City may deny, approve, or approve with conditions a conditional use permit application for a homeless services use. A permit application shall not be approved or approved with conditions unless the applicant demonstrates that:
a. The proposal complies with the conditional use permit decision criteria of RMC 4-9-030D;
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 F2e of this Section;
d. The proposal includes a code of conduct meeting the requirements of subsection F2f of this Section;
e. The proposal includes a safety and security plan meeting the requirements of subsection F2g of this Section and incorporating the feedback provided by the Renton Police Department; and
f. The proposal addresses all applicable design guidelines and development standards of this Section and any applicable land use district overlay in a manner which fulfills their purpose and intent.
3. Minimum required notice and public engagement procedures for homeless services uses shall include the following:
a. Reserved.
b. Reserved.
c. Notice of an application to establish any homeless services use shall be provided pursuant to RMC 4-8-090.
4. Administrator’s Recommendation:
a. A written report of the Administrator shall be prepared in response to the approval criteria and public comment.
b. Notice of Availability of the Administrator’s Recommendation: Notice of the availability of the Administrator’s recommendation shall be provided pursuant to RMC 4-8-090.
5. Modifications to a Homeless Services Use: Conditions of approval for a homeless services use apply for the life of the project. Changes to an approved conditional use permit for a homeless services use shall be subject to the revision criteria for conditional use permits in RMC 4-9-030J, Conditional Use Permits: Major and Minor Revisions.
I. DEVELOPMENT STANDARDS/USE REQUIREMENTS:
1. General Development Requirements: Applicable general development requirements (including, but not limited to, zoning and land use standards, street and utility standards, and the uniform codes for building, mechanical, plumbing, electrical, fire protection, and property management) shall be met unless specifically modified by the terms of this Section or by State law when applied to a homeless services use.
2. Parking Requirements: In addition to the terms of RMC 4-4-080, the following requirements apply to all homeless services uses:
a. Number of Parking Stalls: Homeless services uses are unspecified under the terms of RMC 4-4-080F10d, and required parking stalls shall be established by the Administrator and approved by the Hearing Examiner.
b. Overnight Camping is Prohibited: Camping is prohibited in areas that provide accessory parking for the homeless services use.
3. Occupancy Limits and Size-Related Development Standards:
a. All homeless services uses shall comply with occupancy limitations contained in applicable building and fire codes and ordinances adopted or amended by the City.
b. In commercial and industrial zones where homeless services are permitted, such facilities shall not provide sleeping accommodations for more than one hundred (100) occupants, or up to one hundred and fifteen (115) residents if there is a written agreement with the City to designate at least fifteen percent (15%) of the sleeping units to those currently experiencing homelessness in the City.
c. Within the R-1 Zone, homeless services uses shall not provide sleeping accommodations for more than ten (10) occupants including staff. Within the R-10 and R-14 Zones, homeless services uses shall not provide sleeping accommodations for more than fourteen (14) occupants including staff.
d. Homeless services uses shall locate greater than one-half (0.5) mile from any other homeless services use, unless they do not serve more than a combined one hundred fifteen (115) residents.
e. Facilities with more than fifty (50) beds shall locate within one (1) mile of a public transit stop.
4. Minimum Requirements:
a. Homeless Services Uses in General:
i. Toilet, bathing, sleeping, laundry, and storage facilities to meet the demands anticipated by the homeless services use provider.
ii. Designated smoking areas located a minimum of twenty-five feet (25') from perimeter property lines with appropriate cigarette disposal facilities.
iii. Staffing provided during operating hours for each homeless services use.
iv. Designated and dignified privacy areas to meet the needs of the anticipated homeless population that is proposed to be served (e.g., lactation rooms, medical/counseling rooms, caseworker consultation spaces, etc.).
v. A permanent address to meet the needs anticipated by the homeless services use provider.
vi. A final safety and security plan updated after any comments have been received on the plan from the Renton Police Department.
b. For Overnight Shelters: Overnight sleeping accommodations that do not exceed one hundred (100) beds.
J. ADDITIONAL DESIGN REQUIREMENTS:
1. Crime Deterrence: Reserved.
2. Common Areas: Common areas shall be provided to enhance resident enjoyment through inclusion of features such as libraries, roof decks, patios, and gardens.
K. MITIGATION MEASURES:
The City may impose conditions relating to the development, design, use, or operation of a homeless services use to mitigate environmental, public life, safety, or welfare, or other identifiable impacts.
L. INDEPENDENT TECHNICAL REVIEW:
The City may require the applicant to pay for independent technical review by a consultant retained by the City for review of materials submitted by the applicant to demonstrate compliance with the requirements of this Section. (Ord. 5996, 12-14-2020; Ord. 6019, 6-14-2021; Ord. 6026, 9-20-2021)