Loading...
2021, 07-20 Study Session MINUTES City of Spokane Valley City Council Study Session Meeting Tuesday, July 20, 2021 Mayor Wick called the meeting to order at 6:00 p.m. The meeting was held in person in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Ben Wick, Mayor Mark Calhoun, City Manager Brandi Peetz,Deputy Mayor Chelsie Taylor, Finance Director Tim Hattenburg Councilmember Bill Helbig, City Engineer Rod Higgins, Councilmember John Bottelli, Parks, Rec & Facilities Director Linda Thompson, Councilmember Erik Lamb, Deputy City Attorney Arne Woodard, Councilmember Cary Driskell, City Attorney Jerremy Clark, Sr. Traffic Engineer Absent: Adam Jackson, Planning/Grants Engineer Pam Haley, Councilmember Dave Ellis,Police Chief Christine Bainbridge, City Clerk After Mayor Wick called the meeting to order, he announced the death of former Councilmember Chuck Hafner, an asked for a moment of silence in remembrance of Mr. Hafner. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmember Haley. It was moved by Councilmember Woodard, seconded and unanimously agreed to excuse Councihnember Haley from tonight's meeting. APPROVAL OF AGENDA: It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the amended agenda. ACTION ITEMS: A. Proposed Ordinance 21-009 Interim Development Regulations—Erik Lamb It was moved by Deputy Mayor Peetz and seconded to suspend the rules and approve Ordinance No. 21- 009, declaring an Emergency and adopting temporary interim regulations for reasonable occupancy, spacing, and intensity limits on transitional,permanent supportive, and emergency housing, and emergency shelters. Deputy City Attorney Lamb explained the purpose of this emergency ordinance along with the background information of House Bill 1220 regarding affordable housing and homelessness, and he went over the main sections of the ordinance, including a requirement to hold a public hearing, which he said is currently set for August 24,he noted the duration of the interim amendments,and that this ordinance would be effective upon adoption, all as noted in his Request for Council Action as well as within the draft ordinance. No public comments were solicited as a public hearing will be held August 24 for that purpose. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 1. Resolution 21-004 Amending Master Fee Schedule Chelsie Taylor It was moved by Deputy Mayor Peetz and seconded to approve resolution#21-004 repealing and replacing resolution #20-016, and approving the Master Fee Schedule for 2021. Finance Director Taylor explained that this is in conjunction with the recently approved ordinance adopting traffic fee studies;that the amended resolution adds two tables of transportation impact fees to Schedule G, which changes will be effective as of August 1,2021.No one signed up to speak via zoom.In the audience in the Council Chambers:Mr. John Harding, Spokane Valley: spoke about the fees and questioned if those fees could be used anywhere, and Council Meeting Minutes, Study Session: 07-20-2021 Page 1 of 3 Approved by Council: 08-10-2021 he questioned where does the money go,and can it go into any part of the budget. There were no additional public comments.At Mayor Wick's behest, Finance Director Taylor explained that the fees are restricted to the area identified in the studies, and that we have to track those on where they are collected and used; and if not used for a specific project, we would have to return the fees. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 2. Resolution 21-005,Establishing No Parking Zone—Jerremy Clark, Bill Helbig It was moved by Deputy Mayor Peetz and seconded to adopt Resolution #21-005 implementing Cherry Street Parking Restrictions. It was explained that this resolution adds parking restrictions along the east side of Cherry Street north of the intersection with Mansfield Avenue; also noted was a request from a school district official to evaluate this section of Cherry street as there was a concern with school buses maneuvering through the area with cars parked on both sides of the street. Mr. Clark noted that up until 2019, this street was a cul-de-sac. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed:none. Motion carried. 3. Motion Consideration: Potential Grant Opportunity, Transportation Improvement Board — Adam Jackson It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager or designee to apply for a TIB Grant for the Sullivan Road Corridor(Sprague to 8`"Avenue)TIB Urban Arterial, and the 9th Avenue (Coleman to Park) sidewalk projects as identified in Table 3. After Mr. Jackson went over the proposed projects, Councilmember Woodard asked about the possibility of using CDBG (Community Development Block Grant) funds for that second section along 8��', and Mr. Jackson said he would have to cheek if that is a possibility. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. NON-ACTION ITEMS: 4. Council Goals&Priorities for Use of Lodging Tax—Chelsie Taylor Finance Director Taylor went over the material included in her Request for Council Action form, including the tax rate on Iodging, the purpose and composition of the Lodging Tax Advisory Committee, State rules governing the use of the lodging tax,and finally the current Council goals and priorities for use of the initial 2% lodging tax. Director Taylor also explained bout the 1.3%additional lodging tax imposed by the City, which became effective July 1, 2015, and how the proceeds of this tax are to be used. Mayor Wick spoke of the Fairgrounds building expansion project and asked about the application process to apply for those funds. Mr. Calhoun explained that since this would be the first time an application would be made for that purpose, he suggested coming back to Council after staff has had time for further research. 5. Pre-trial Services interlocal Agreement—Morgan Koudelka, John Pietro Mr. Pietro explained that from time to time,the City conducts detailed reviews of the services provided to us by the County, and one such review included the pre-trial services; said that a new service of `misdemeanor evaluations' was identified that had not yet been included in an agreement, and that the proposed addendum would adopt this new service, and that the service was requested by the District Court judges. Mr. Pietro also noted this service has an effective date of 2011 which is when staff was able to determine the service was added; and said that staff recommends approval of this service as it provides the value of potentially reducing jail costs when it is safe to release defendants awaiting trial,and also to protect the community by informing judges when it is not prudent to release defendants;he noted the cost impact is minimal and these services have been worked into existing budget models. There was some discussion about reconciliations, and settle and adjust; and there was Council consensus to bring this forward for a motion at an upcoming Council meeting. Council Meeting Minutes, Study Session: 07-20-2021 Page 2 of 3 Approved by Council: 08-10-2021 6. Spokane Regional Emergency Communications Crime Check Online Reporting—Chief Ellis Police Chief Ellis gave a brief overview of the regional emergency communications crime check, on-line reporting; said it is going very well and the process allows police to see a map of where the crime is occurring, and also has the ability of being able to re-wind the call to see if anything was missed. 7.Advance Agenda—Mayor Wick There were no suggested changes to the advance agenda,although Councilmnember Thompson asked about a way to promote what is coming up on the agendas. City Manager Calhoun said he will talk with our PIO about a way to reach out to the community through social medial. 8. Council Comments—Mayor Wick There were no further Council comments. 9. City Manager Comments—Mark Calhoun Mr. Calhoun had no further comments. It was moved by Deputy Mayor Peetz and seconded that Council adjourn into executive session for approximately 15 minutes to discuss acquisition of real estate, and that no action is anticipated upon return to open session. Council adjourned into executive session at 7:18 p.m. At 7:33 p.m. Mayor Wick declared Council out of executive session, at which time it was moved by Councilrnember Thompson, seconded and unanimously agreed to adjourn. A Ben Wick,Mayor Christine Bainbridge, City Clerk Council Meeting Minutes, Study Session: 07-20-2021 Page 3 of 3 Approved by Council: 0 8-1 0-2021 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 20, 2021 Department Director Approval: >:1 Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed Emergency Ordinance No. 21-009 adopting interim regulations to address transitional housing, permanent supportive housing, emergency housing, and emergency shelters GOVERNING LEGISLATION: RCW 35A.63.220; 36.70A.390; RCW 36.70A; HB 1220. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: In 2021, the Washington State Legislature adopted Engrossed Second Substitute House Bill 1220 (HB 1220) regarding affordable housing and homelessness. Among various aspects, HB 1220 preempts the City from prohibiting transitional housing and permanent supportive housing in any residential zones or zones where hotels are permitted, and preempts the City from prohibiting emergency housing and emergency shelters in zones where hotels are permitted. HB 1220 provides definitions for permanent supportive housing, emergency housing, and emergency shelters, but does not define "transitional housing." However, HB 1220 does allow cities to adopt reasonable occupancy, spacing, and intensity limits on such housing and shelters. The majority of HB 1220 becomes effective on July 25, 2021, although the provisions affecting emergency housing and emergency shelters are not effective until September 30, 2021. Currently, the City only regulates "transitional housing" and allows it in the multifamily residential zone through a conditional use permit. Due to the preemption established in HB 1220, absent additional City regulations on occupancy, spacing, and intensity, all transitional housing and permanent supportive housing will be allowed in nearly all City zones beginning July 25, 2021 with no limits other than generally applicable building code requirements. Further, beginning September 30, 2021, without additional City regulations on occupancy, spacing, and intensity, emergency housing and emergency shelters will be allowable in the RC (regional commercial), CMU (Corridor Mixed Use), IMU Industrial Mixed Use, and I (industrial) zones without any limits other than generally applicable building code requirements. Notably, as part of the 2021 Comprehensive Plan amendments, the City is proposing goals, policies, and strategies related to homelessness and affordable housing. Once adopted, the City will consider and adopt appropriate regulations to govern land uses related to homelessness, including transitional housing, permanent supportive housing, emergency housing, and emergency shelters. While such review is occurring, applicants may submit applications for transitional housing, permanent supportive housing, emergency housing, and emergency shelters based on the preemption in HB 1220. There is a potential for significant impacts from such applications since the City does not have any occupancy, spacing, or intensity regulations for such uses. For example, there are currently no limits on how many beds a transitional housing facility could have, regardless of what zone it may be located within. Accordingly, staff believes that temporary interim regulations to provide for reasonable occupancy, spacing, and intensity limits on such uses is appropriate while the City processes the pending Comprehensive Plan amendment and develops permanent regulations regarding such housing and shelters. RCW 36.70A.390 and RCW 35A.63.220 authorize the City to adopt temporary interim development regulations for transitional, permanent supportive, and emergency housing and emergency shelters without conducting a public hearing and without utilizing the City's standard approval process through the Planning Commission and multiple readings by City Council. The interim regulations provide temporary regulations based on initial review of the issues surrounding such uses and ensures that new plans and regulations will not be rendered moot by intervening development. After adoption of the interim regulations, the City Council must conduct a public hearing on the interim regulations within 60 days and adopt findings of fact for the regulations. Additionally, the proposed interim regulations include a work plan and can be effective for up to 365 days from the date of adoption. After adoption of the interim regulations, the City will work through the work plan and develop policy and final regulations through its standard process. Interim regulations may be extended if the City conducts a public hearing on the ongoing work plan and extension of the interim regulations and adopts findings of facts for the extension. Pursuant to the requirements of RCW 36.70A.390 and RCW 35A.63.220, proposed Ordinance No. 21-009 provides for a declaration of emergency and adoption of temporary interim regulations to provide reasonable occupancy, spacing, and intensity limits on transitional, permanent supportive, and emergency housing, and emergency shelters. It also formalizes the zones where such uses are required to be allowed pursuant to HB 1220. The interim regulations define emergency shelters, emergency housing, transitional housing, and permanent supportive housing. They also limit these housing types to a density of 8 persons in residential zones, and 20 persons in the other permitted zones. A one-mile buffer is required between all such uses. The interim regulations require compliance with the building codes generally, and additional requirements related to homelessness services, such as requiring a code of conduct and information submittal to the Homelessness Management Information System. The interim regulations apply upon the effective date and will not impact any existing applications or prior approved transitional housing projects. Further, proposed Ordinance No. 21-009, if adopted by Council, sets a public hearing for Tuesday, August 24, 2021, establishes a work plan to consider goals, policies, and strategies in the Comprehensive Plan and to adopt such permanent regulations as are determined to be appropriate, adopts preliminary findings of fact, and establishes an effective period of up to 365 days for the interim regulations. Finally, proposed Ordinance No. 21-009 is designated as a public emergency and would be effective upon adoption. OPTIONS: Move to approve the Ordinance, with or without further amendments; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: I move to suspend the rules and approve Ordinance No. 21-009, declaring an Emergency and adopting temporary interim regulations for reasonable occupancy, spacing, and intensity limits on transitional, permanent supportive, and emergency housing, and emergency shelters. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Erik Lamb, Deputy City Attorney; Jenny Nickerson, Building Official; Arielle Anderson, Housing and Homeless Coordinator ATTACHMENTS: Proposed Ordinance No. 21-009. Draft CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 21-009 AN EMERGENCY ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY, WASHINGTON,ADOPTING ININIEDIATE INTERIM AMENDMENTS TO TITLE 19 SVMC BY ADDING A NEW CHAPTER 19.45 SVIVEC, 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 H I ARING, 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 (HB 1220) which becomes effective on July 25, 2021. FEB 1220 adopts amendments to the Growth Management Act and other associated statutes related to affordable housing and homelessness. Amongst other requirements, HB 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 1 of 5 Draft between the required transitional,permanent supportive, and emergency housing, and emergency shelters, and other surrounding existing uses; and WHEREAS, pursuant to Article 11, Section 11 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 3 5A.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 fmdings 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 fmdings 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 local governments may immediately provide for reasonable occupancy, spacing, and intensity regulations for the housing and shelters mandated by HE 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 Draft 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 HB 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 FIB 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 Draft 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 hearings) 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 Draft Passed by the City Council this 20th day of July, 2021. Ben Wick, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Date of Publication: Office of 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 lease 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 ri hts and res onsibilities defined in cha ter 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." • • • 7 7 facilities-arc l C-t�l�'Frri�iiurhv'acaiug. ueve ,unity services, use category." ac �. vu�.. 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. r 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 P P P P Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R-4 MI+R MU CMU NC RC IMU I POS Church,temple,mosque,synagogue and P P P P P P P P P house of worship Crematory P P P P Emergency housing S S S S S Emergency shelter S S S S S Funeral home P P Permanent supportive housing S S S S S S S S S S S Transitional housing S S S S GS 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 I P P P P P P P P 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 P P Schools,K through 12 P P P P P P P P P Schools,professional,vocational and trade t' P P P P P schools Schools,specialized training/studios I' P P P Entertainment Adult entertainment and retail S Casino P P P Cultural facilities P P P P Exercise facility S S S S Off-road recreational vehicle use P P 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 P 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 P P P Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R-4 MPH MU CMU NC RC IMU I POS Industrial,Heavy Assembly,heavy P Hazardous waste treatment and storage S S Manufacturing,heavy P Processing,heavy P Mining S Industrial,Light Assembly,light P P P P P Manufacturing,light P P P Processing,light P P Recycling facility S S S S Industrial service P P Lodging Bed and breakfast P PP 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 P Office Animal clinic/veterinary S S S S S Office,professional P P P P P 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 Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I PO5 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 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 P P P P S Electric vehicle infrastructure P P P P P P P P Heliport P P Helistop C C P 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 P Automobile/taxi rental P P P P P Automobile parts,accessories and tires P P P P P Automobile/trucic/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 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 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 Cold storage/food locker P P Freight forwarding P P Grain elevator P P Storage,general indoor P P S P P P Storage,general outdoor S S S S P P Storage,self-service facility P P 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 andpermit type requirements. 19.45.030 Submittal Requirements and Standards. A. Applicants shall submit applications for emergency shelters, emergency housing. transitional housings 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. I. 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 (HMIS). 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 HMIS. • 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.