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HomeMy WebLinkAboutOrdinance 21-009 Emergency Interim Housing CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 21-009 AN EMERGENCY ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY, WASHINGTON,ADOPTING IMMEDIATE INTERIM AMENDMENTS TO TITLE 19 SVMC BY ADDING A NEW CHAPTER 19.45 SVMC, AMENDING SECTIONS 19.60.050 AND 19.65.035 SVMC, AND AMENDING SVMC APPENDIX A RELATED TO INDOOR EMERGENCY SHELTERS, INDOOR EMERGENCY HOUSING, TRANSITIONAL HOUSING, AND PERMANENT SUPPORTIVE HOUSING, ESTABLISHING A WORK PLAN, SETTING A PUBLIC HEARING, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF THE INTERIM AMENDMENTS, AND OTHER MATTERS RELATING THERETO. WHEREAS,in 2021,the Washington State Legislature passed Engrossed Second Substitute House Bill 1220 (HE 1220) which becomes effective on July 25, 2021. HB 1220 adopts amendments to the Growth Management Act and other associated statutes related to affordable housing and homelessness. Amongst other requirements, HE 1220 forbids municipalities from prohibiting transitional housing and permanent supportive housing from residential zones and zones where hotels are permitted. HB 1220 also forbids municipalities from prohibiting indoor emergency shelters and indoor emergency housing in zones where hotels are permitted beginning on September 30, 2021. HB 1220 allows municipalities to adopt reasonable occupancy, spacing, and intensity of use requirements to protect public health and safety on indoor emergency shelters, indoor emergency housing, transitional housing, and permanent supportive housing, so long as such ordinances do not prevent siting sufficient housing for projected needs; and WHEREAS,the City has previously adopted regulations for transitional housing; and WHEREAS, the City has not adopted zoning regulations specific to indoor emergency shelters, indoor emergency housing, and permanent supportive housing, and the City's current regulations for transitional housing are more limited than allowed under HB 1220; and WHEREAS, due to the imminent effective dates of this law and the urgent need for emergency and transitional housing that is healthy,safe,and well planned,this emergency ordinance is necessary to protect public health and safety by permitting indoor emergency shelters, indoor emergency housing, transitional housing, and permanent supportive housing with reasonable occupancy, spacing, and intensity of use standards in the zones required by HB 1220 as set forth in the attached amendments; and WHEREAS, the City of Spokane Valley is in the process of reviewing amendments to the Comprehensive Plan, particularly CPA-2021-0004, which amends the Comprehensive Plan to add goals, policies, and strategies addressing homelessness; and WHEREAS, on June 1, 2021, pursuant to Resolution No. 21-001, the City Council adopted the Housing Action Plan which identified housing needs and strategies based on income level; and WHEREAS, City staff have reviewed City zoning regulations, the State Building Code, the International Property Maintenance Code, and analysis by homelessness experts to develop temporary occupancy, spacing, and intensity regulations to minimize negative impacts and the potential for conflicts Ordinance 21-009 Page I of 5 between the required transitional, permanent supportive, and emergency housing, and emergency shelters, and other surrounding existing uses; and WHEREAS, pursuant to Article 11, Section I1 of the Washington Constitution, the City is authorized to"make and enforce within its limits all such local police,sanitary and other regulations as are not in conflict with general laws,"which includes the adoption of regulations governing land uses within the City; and WHEREAS, RCW 35A.63.220 provides that "A legislative body that adopts a moratorium or interim zoning ordinance without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption,whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact Justifying its action before this hearing,then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of[or] interim zoning ordinance may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal." RCW 36.70A.390 provides substantially similar language and authority for agencies planning under the GMA, including the City,to adopt interim zoning regulations; and WHEREAS, interim regulations enacted under RCW 35A.63.220 and/or RCW 36.70A.390 are a method by which Iocal governments may immediately provide for reasonable occupancy, spacing, and intensity regulations for the housing and shelters mandated by HB 1220 while the City considers Comprehensive Plan amendments to add goals, policies, and strategies addressing homelessness that will enable the development of permanent regulations for indoor emergency shelters, indoor emergency housing,transitional housing, and permanent supportive housing; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium, interim zoning map, interim zoning ordinance, or interim official control prior to holding a public hearing,provided the City conducts a public hearing on the interim zoning regulation within 60 days of the date of adoption of the interim zoning regulation; and WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and WHEREAS,temporary interim amendments to Title 19 SVMC, sections 19.60.050 and 19.65.035 SVMC, and SVMC Appendix A, for indoor emergency housing, indoor emergency shelter, transitional housing,and permanent supportive housing uses will protect public health and safety by allowing such uses with reasonable occupancy, spacing, and intensity of use standards while the Comprehensive Plan amendments are being reviewed and adopted and permanent regulations are being developed; and WHEREAS, the City Council finds that the emergency immediate interim amendments adopted and established by this Ordinance are necessary for the immediate preservation of the public health,public safety, public property and public peace. NOW,THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Ordinance 21-009 Page 2 of 5 Section 1. Preliminary Findings. The City Council hereby adopts the above recitals as findings of fact in support of this Ordinance. Section 2. Interim Amendments Adopted. A. The City Council hereby declares an emergency and adopts amendments to (1) Title 19 SVMC by adding a new chapter 19.45 SVMC"Community Services,"(2)sections 19.60.050 and 19.65.035 SVMC,and(3)SVMC Appendix A as provided in Exhibit A on an interim basis for the period of 365 days while this emergency ordinance is in effect. These temporary interim amendments are adopted pursuant to RCW 35A.63.220,RCW 36.70A.390, and FIB 1220. B. These interim amendments shall not affect any transitional housing application deemed complete prior to July 20, 2021, or any permit or license approved and issued for a transitional housing development prior to the effective date of this Ordinance. Section 3. Work Plan. The following work plan is adopted to address the issues involving the City's consideration and regulation of indoor emergency housing, indoor emergency shelters, transitional housing, and permanent supportive housing: A. 2021 Comprehensive Plan Amendments. The City is currently in the process of considering Comprehensive Plan amendments to adopt goals,policies, and strategies for homelessness in Spokane Valley. Such goals,policies,and strategies will provide a plan and guidance for consideration and development of permanent development regulations for indoor emergency shelters, emergency housing, transitional housing, and permanent supportive housing. Accordingly, the City shall take the following actions related to the 2021 Comprehensive Plan amendments: 1. First, the Spokane Valley Planning Commission ("Planning Commission") is hereby authorized and directed to hold public hearings and public meetings to fully receive and consider statements,testimony,positions,and other documentation or evidence related to the public health, safety, and welfare aspects of indoor emergency housing, indoor emergency shelters, transitional housing, and permanent supportive housing. The Planning Commission shall further continue its work and consider,review, and make recommendation on the pending Comprehensive Plan amendments to City Council. 2. Second,City Council shall consider the Planning Commission recommendation on the Comprehensive Plan amendments and adopt such final goals,policies, and strategies related to homelessness as it deems appropriate and in the interest of public health, safety, and welfare. B. Development Regulations. Upon adoption of the 2021 Comprehensive Plan amendments, the City shall develop and review such regulations as are appropriate to provide reasonable occupancy, spacing,and intensity limits on,and such other necessary and appropriate regulations for,indoor emergency shelters, emergency housing, transitional housing, and permanent supportive housing in compliance with the requirements of I B 1220 and the adopted Comprehensive Plan goals, policies, and strategies. As part of such development and review,the City shall take the following actions: 1. The Planning Commission is hereby authorized and directed to hold public hearings and public meetings to fully receive and consider statements, testimony, positions, and other documentation or evidence related to the public health, safety, and welfare aspects of indoor Ordinance 21-009 Page 3 of 5 emergency housing, indoor emergency shelters, transitional housing, and permanent supportive housing. The Planning Commission shall consider, review, and make recommendation on the regulations for indoor emergency shelters,emergency housing,transitional housing,and permanent supportive housing to City Council. 2. Upon receipt of a recommendation from Planning Commission, the City Council shall consider and adopt such regulations for indoor emergency housing, indoor emergency shelters, transitional housing, and permanent supportive housing as it determines to be necessary for the public health, safety, and welfare, and considering the requirements of HB 1220 and the adopted goals,policies, and strategies of the Comprehensive Plan. Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390,the City Council shall conduct a public hearing on these interim amendments on August 24, 2021 at 6:00 p.m., or as soon thereafter as the matter may be heard,to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the interim amendments set forth in this Ordinance. The hearing will take place at the City of Spokane Valley City Hall in City Council Chambers, and will be conducted both in-person and remotely using the ZOOM meeting web and telephone conference tool, or in such manner as provided by law,and will be hosted by the City of Spokane Valley, 10210 East Sprague Avenue, Spokane Valley, 99206. Immediately after conducting the public hearing, the City Council shall adopt findings of fact on the subject of these interim amendments and either justify the continued adoption of such interim amendments, cancel the interim amendments, or modify the interim amendments as determined necessary. Section 5. Duration. The interim amendments set forth in this Ordinance shall be in effect as of the date of this Ordinance and shall continue in effect for a period of 365 days from the date of this Ordinance, unless repealed, extended, or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 36.70A.390. Section 6. Ratification. Any act consistent with the authority set forth herein and prior to the effective date of this Ordinance is hereby ratified and affirmed. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence, clause,or phrase of this Ordinance. Section 8. Declaration of Emergency;Effective Date. The City Council hereby declares this Ordinance is designated as a public emergency necessary for the protection of public health, safety, and welfare to establish interim amendments setting reasonable occupancy, spacing, and intensity of use requirements on indoor emergency housing, indoor emergency shelters, transitional housing, and permanent supportive housing pursuant to HB 1220. These interim amendments must be imposed as an emergency measure to protect the public health, safety, and welfare, and to prevent the unsafe, over- concentrated, or otherwise unhealthy siting of indoor emergency housing, indoor emergency shelters, transitional housing, and permanent supportive housing units in an attempt to respond to the challenges of homelessness in an effective, responsible manner. This Ordinance does not affect existing vested rights, nor will it prohibit development within the City since all other allowable uses are not affected by these interim amendments. Based on the reasons and declaration of emergency stated herein,this Ordinance shall take effect immediately upon adoption by the City Council. Ordinance 21-009 Page 4 of 5 Passed by the City Council this 20th day of July, 2021. Ben Wick,Mayor ATTE / 4 Christine Bainbridge, City Clerk Approved as, •m: - Date of Publication: . '4' Office f the City Attorney Effective Date: July 20, 2021 Ordinance 21-009 Page 5 of 5 EXHIBIT "A" 1. SVMC Appendix A is hereby amended as follows: Appendix A—Definitions *** Community Services, use category: Uses of a public, nonprofit, or charitable nature that provide a local service to the community. Examples include funeral service facilities, religious institutions, senior centers, community centers,youth club facilities,hospices, drug and alcohol centers, social service facilities, mass shelters, short-term housing when operated by a public or nonprofit agency, vocational training for the physically or mentally disabled,soup kitchens,and surplus food distribution centers. Community Services include the following specific uses: • "Emergency housing" means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing,and personal hygiene needs of individuals or families.Emergency housing may or may not require occupants to enter into a Iease or an occupancy agreement. •"Emergency shelter"means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelters may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. • "Permanent Supportive Housing" means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care,treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. •"Transitional housing" means a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living. Detention and post-detention facilities, hospitals, psychiatric and/or substance abuse and secure community transition facilities are not transitional housing. Dwelling, caretaker's residence: A dwelling unit provided for the purpose of on-site supervision and security that is occupied by a bona fide employee of the property owner. See"Residential, use category." Dwelling, congregate: A residential facility under joint occupancy and single management arranged or used for lodging of unrelated individuals, with or without meals, including boarding or rooming houses, dormitories, fraternities and sororities, and convents and monasteries. Emergency shelters, emergency housing,transitional housing,and permanent supportive housing are not considered congregate dwellings. See"Group living, use category." Dwelling, cottage: A small single-family dwelling unit developed as a group of dwelling units clustered around a common area pursuant to SVMC 19.40.050 as now adopted or hereafter amended. Transit center: A facility serving transit patrons which may serve as a transfer point between different transportation modes and routes, and providing parking. See"Transportation, use category." Transportation, use category: Facilities that provide public or private transportation services and/or transfer points between modes of transportation. Examples include private airstrips,heliports,park and ride stations, private parking garages, and transit centers. *** 2. Section 19.60.050 SVMC is hereby amended as follows: Chapter 19.60 SVMC PERMITTED USES 19.60.050 Permitted uses matrix. Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Agriculture and Animal Animal processing/handling P Animal raising and/or keeping S S S S S S S Animal shelter S P P Beekeeping,commercial P Beekeeping,hobby S S S S Community garden S S S S S S S S Greenhouse/nursery,commercial P P P Kennel S S S S P P Orchard,tree farming,commercial P P Riding stable P P C Communication Facilities Radio/TV broadcasting studio P P P P Repeater facility P P P P P P P P P Small cell deployment S S S S S S S S S S S S Telecommunication wireless antenna array S S S S S S S S S S S Telecommunication wireless support tower S S S S S S S S S S S Tower,ham operator S S S S S S S S S S S Community Services Community hall,club,or lodge P P P P 1' P P I' Church,temple,mosque,synagogue and P P P P P I' P P P house of worship Crematory I' 1' P P Emergency housing I S S S S S Emergency shelter S S S S S Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU 1 POS Funeral home P P Permanent supportive housing S S S S S S S S S S S Transitional housing S S S S S S S S S S S Day Care Day care,adult P P P P P P P P P P P Day care,child(12 children or fewer) P P P P P P P P P P I' Day care,child(13 children or more) C C C C P P P P P P P Eating and Drinking Establishment P P P P P P S Education Schools,college or university P I' P Schools,K through 12 P P P P P P P P P Schools,professional,vocational and trade P P P P P P schools Schools,specialized training/studios P P P P Entertainment Adult entertainment and retail S Casino I' P P Cultural facilities P P P P Exercise facility S S S S Off-road recreational vehicle use t' 1' Major event entertainment P P P Racecourse P P P P Racetrack P P Recreational facility P P P P P P Theater,indoor P P P Group Living Assisted living/convalescent/nursing home P P I' P Community residential facilities(6 residents P P P P P P P or less) Community residential facilities(greater P P P than 6 and under 25 residents) Dwelling,congregate I' P P Industrial,Heavy Assembly,heavy P Hazardous waste treatment and storage S S Manufacturing,heavy I' Processing,heavy 1' 1 Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Mining S Industrial,Light Assembly,light P P P P P Manufacturing,light P P P Processing,light P I' Recycling facility S S S S Industrial service P p Lodging Bed and breakfast P P P P P P Hotel/motel P P P P S Recreational vehicle park/campground S Marijuana Uses Marijuana club or lounge Marijuana cooperative Marijuana processing S S Marijuana production S S Marijuana sales S S S Medical S P P P P I' Office Animal clinic/veterinary S S S S S Office,professional P P P P I' P P Parks and Open Space Cemetery P P P P Golf course P P P P P P P P P Golf driving range C C C C C P C P P P Parks P P P P P P P P P P Public/Quasi-Public Community facilities P P P P P P P P P P P P Essential public facilities R R R R R R R R R R Public utility local distribution facility S S S S S S S S P P P S Public utility transmission facility S S S S S S S S S S S S Tower,wind turbine support S S S S Residential Dwelling,accessory units S S S S S S S S S Dwelling,caretaker's residence S S S S S Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Dwelling,cottage S S S S Dwelling,duplex S P P S S Dwelling,industrial accessory dwelling unit S S Dwelling,multifamily P P P Dwelling,single-family P P P P P P P P Dwelling,townhouse S S S S S Manufactured home park S S S Retail Sales and Service P P S P P S S Transportation Airstrip,private P P Battery charging stations S S S S P P P I' P P P S Electric vehicle infrastructure P P P I' P P P P Heliport P P I-Ielistop C C E' Parking facility—controlled access P P P P P Railroad yard,repair shop and roundhouse P Transit center P P P P P Vehicle Services _ Automobile impound yard P l' Automobile/taxi rental P P P P P Automobile parts,accessories and tires P l' P P I' Automobile/truck/RV/motorcycle painting, P P P P repair,body and fender works Car wash P P S P P P Farm machinery sales and repair P P P Fueling station P P S P P P Heavy truck and industrial vehicles sales, P P rental,repair and maintenance Passenger vehicle,boat,and RV sales, P P P service and repair Towing P P P P Truck stop 1' I' Warehouse,Wholesale,and Freight Movement Auction house P P P Auction yard(excluding livestock) P P Catalog and mail order houses P P P P P Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Cold storage/food locker P P Freight forwarding P P Grain elevator P P Storage,general indoor f' 1' S P P P Storage,general outdoor S S S S P P Storage,self-service facility P t' P P P P Tank storage,critical material above ground S S Tank storage,critical material below ground S S S Tank storage,LPG above ground S S S S S S Warehouse P P P P P Wholesale business P P P P P 3. Chapter 19.65 SVMC is hereby amended by adding a new section 19.65.035 as follows: Chapter 19.65 SVMC SUPPLEMENTAL USE REGULATIONS *** 19.65.035 Community Services. A. Emergency Shelter. Where permitted, emergency shelters shall comply with the provisions in Chapter 19.45 SVMC, "Community Services". B. Emergency Housing. Where permitted, emergency housing shall comply with the provisions in Chapter 19.45 SVMC, "Community Services". C.Transitional Housing. Where permitted,transitional housing shall comply with the provisions in Chapter 19.45 SVMC, "Community Services". D. Permanent Supportive Housing. Where permitted, permanent supportive housing shall comply with the provisions in Chapter 19.45 SVMC,"Community Services". *** 4. Title 19 SVMC is hereby amended by adding a new chapter 19.45 SVMC as follows: Chapter 19.45 SVMC COMMUNITY SERVICES Sections: 19.45.010 Purpose. 19.45.020 Applicability. 19.45.030 Submittal Requirements and Standards. 19.45.040 Data Entry into Regional Homeless Management Information System (HMIS). 19.45.050 Permit Required. 19.45.060 Waivers and decision. 19.45.010 Purpose. The purpose of this chapter is to allow and establish a review process for the location, siting, and operation of emergency shelters,emergency housing,transitional housing,and permanent supportive housing. These regulations are intended to protect public health and safety by requiring safe operations of emergency shelters, emergency housing,permanent supportive housing, and transitional housing for both the residents and broader community. 19.45.020 Applicability. This chapter applies to all proposals for new or expanding emergency shelter, emergency housing, transitional housing, and permanent supportive housing uses. If any component of a project is for emergency shelters, emergency housing, transitional housing, or permanent supportive housing, the entire project shall be subject to the substantive requirements of this chapter in addition to other applicable regulations for the other portions of the project. For example, if a project was for a combined transitional housing and substance abuse treatment facility, the project would be subject to the substantive approval criteria of this chapter for transitional housing and all other substantive approval criteria related to substance abuse treatment facilities. In the event of different notice, processing, hearing, and permit type requirements, the project would be subject to a single combined permit approval process using the greater notice,hearing and permit type requirements. 19.45.030 Submittal Requirements and Standards. A. Applicants shall submit applications for emergency shelters, emergency housing, transitional housing, and permanent supportive housing. Applications shall contain all information necessary for a Type II permit and the information identified in this subsection. An application that does not contain all necessary information shall not be considered complete. 1. Identification of sponsors and/or managing agencies, including, but not limited to: a. Identification of experience providing similar services to people experiencing homelessness; b. Certifications or academic credentials in an applicable human service field and/or applicable experience in a related program with people experiencing homelessness. 2. An operations plan that addresses the following elements: a. Key staff positions and their roles and responsibilities; b. Site/facility management, including a security and emergency plan; c. Site/facility maintenance, including at a minimum a plan for regular trash patrol in the immediate vicinity of the site; d. Occupancy policies, including resident responsibilities and a code of conduct that includes, at a minimum, a plan for on-site use or sale of alcohol and illegal drugs and that prohibits threatening or unsafe behavior.The sponsor and/or managing agency shall ensure that items deemed as weapons are stored in a safe location; e. Provision of human and social services, including staffing plan and outcome measures; f. Outreach with surrounding property owners and residents and ongoing good neighbor policy; g. Procedures for maintaining accurate and complete records and how confidentiality will be maintained; and h. For those providers that operate emergency shelters or emergency housing, a coordination plan with street outreach teams and enforcement agencies to ensure that emergency beds are easily accessible by these entities. As part of such plan, the provider will ensure that daily communication of available beds is provided to the City. The City Manager or designee will assist in this facilitation if needed. 3. An exterior lighting plan in compliance with chapters 19.75 and 22.60 SVMC.Lighting must be directed downward and glare must be contained within the facility site. 4. A map identifying transit, pedestrian and bicycle access from the subject site to services and schools. 5. An interior space plan identifying all functions associated with the facility, including adequate waiting space.All functions must take place within a building or facility. B. Design Standards and Requirements. Emergency shelters, emergency housing,transitional housing,and permanent supportive housing shall be subject to all locally applicable land use, development,zoning,and building regulation requirements including, but not limited to, all applicable requirements set forth in SVMC Titles 17 through 24 as the same are now adopted or hereafter amended. In addition, emergency shelters,emergency housing,transitional housing,and permanent supportive housing shall be subject to the following standards: 1. In the MFR, CMU, MU, RC, IMU, and I zones, emergency shelters, emergency housing, and transitional housing shall be limited to a density of no more than 20 individuals being served. In the R-1, R-2, R-3, R-4, and NC zones, emergency shelters, emergency housing, transitional housing, and permanent supportive housing shall be limited to no more than 8 individuals per dwelling unit. In all other permitted zones, permanent supportive housing uses shall be limited to the underlying density of the particular zone. 2. Emergency shelters, emergency housing, transitional housing, and permanent supportive housing shall be located or maintained a minimum of one mile apart, as measured from the nearest property line of such emergency shelter, emergency housing, transitional housing, or permanent supportive housing to the nearest property line of another emergency shelter, emergency housing, transitional housing,or permanent supportive housing use. 3. Emergency shelters, emergency housing, transitional housing, and permanent supportive housing shall comply with Title 24 SVMC requirements regarding toilets and sanitation. 4. Emergency shelters, emergency housing, transitional housing, and permanent supportive housing,and all residents,staff,and operators shall comply with all Spokane County Health District requirements related to food related preparation, service, and donations. 5. Trash receptacles must be provided in multiple locations throughout the facility and site in a number so as to accommodate the number of persons onsite. 6. Emergency shelters, emergency housing, transitional housing, and permanent supportive housing shall comply with Title 22 SVMC requirements for parking, including, but not limited to, the minimum and maximum number of spaces,striping, and screening. 7. On-site supervision shall be provided at all times, unless it can be demonstrated through the operations plan that this level of supervision is not warranted for the population being served. 8. The sponsor and/or managing agency shall ensure compliance with all applicable laws and regulations.The sponsor and/or managing agency shall permit inspections by local agencies and/or departments to ensure such compliance and shall implement all directives resulting from inspections. 9. No children under the age of 18 are allowed to stay overnight in emergency shelters,emergency housing,transitional housing, or permanent supportive housing unless accompanied by a parent or guardian, or unless the facility is licensed to provide services to youth. If a child under the age of 18 without a parent or guardian present attempts to stay in a facility not specifically licensed for providing housing to youth,the sponsor and/or managing agency shall immediately contact Child Protective Services and actively endeavor to find alternative housing for the child. 10. The sponsor and/or managing agency shall designate points of contact and provide contact information(24-hour accessible phone contact)to the patrol operations commander for the Spokane Valley Police Department(SVPD). The names of the on-duty points of contact shall be posted on site daily, and their contact information must be provided to the SVPD. 19.45.040 Data Entry into Regional Homeless Management Information System (III IIS). A. If an emergency shelter, emergency housing, transitional housing, or permanent supportive housing entity receives local, state, or federal funds, they shall be required to provide and comply with a plan for collecting information/data from prospective occupants to provide personal identifying information for inclusion in the Homeless Management Information System (HMIS). B. For those entities not receiving local, state or federal funding that require them to enter data into the regional database, they are strongly encouraged to share aggregate data with the contracted HMIS Administration. C. Within 60 days of opening, the provider shall reach out to the relevant Coordinated Entry Leads and schedule a training for onsite staff so that they may directly enroll, assess and place all referrals offered under Coordinated Entry in H1vlTS. 19.45.050 Permit Required. Except as otherwise provided in SVMC 19.45.020, establishment of emergency shelters, emergency housing, transitional housing, and permanent supportive housing requires approval of a Type II permit as provided in Chapter 17.80 SVMC and compliance with any other applicable regulations. 19.45.060 Waivers and decision. A. The City Manager or designee shall have the authority to grant, grant with conditions, or deny an application for emergency shelters, emergency housing, transitional housing, and permanent supportive housing under this chapter. Conditions may be imposed to: 1. Minimize nuisance-generating features such as noise,waste, air quality,traffic,physical hazards and other similar impact; and 2. Mitigate potentially adverse operational characteristics, including, but are not limited to, direct intake of residents onsite, daily check-in of residents in order to secure a bed, lack of resident enrollment in a program operated by the onsite agency, or lack of available intensive case management for residents on site. B. In cases where the application does not meet the provisions of this chapter or adequate mitigation may not be feasible or possible,the City Manager or designee shall deny the application.