Ordinance 21-013 adopts Findings Re Supportive Housing CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.21-013
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING FINDINGS OF FACT JUSTIFYING THE ADOPTION OF
ORDINANCE NO. 21-009 AND THE ADOPTION OF INTERIM AMENDMENTS RELATED TO
INDOOR EMERGENCY SHELTERS, INDOOR EMERGENCY HOUSING, TRANSITIONAL
HOUSING, AND PERMANENT SUPPORTIVE HOUSING, AND OTHER MATTERS
RELATING THERETO.
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 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 local 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, in 2021,the Washington State Legislature passed Engrossed Second Substitute House
Bill 1220(BB 1220)which became 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, 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
Ordinance 2I-013 Page I of 5
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,pursuant to RCW 35A.63.220,RCW 36.70A.390,and HB 1220, on July 20,2021,the
City of Spokane Valley City Council(City Council)adopted Ordinance No.21-009,which adopted interim
regulations to establish reasonable occupancy, spacing, and intensity of use regulations for emergency
shelters, emergency housing,transitional housing, and permanent supportive housing; and
WHEREAS, pursuant to RCW 35A.63.220, RCW 36.70A.390, and Ordinance No. 21-009, on
August 24, 2021, the City Council conducted a public hearing on Ordinance No. 21-009 and the adoption
of the interim regulations;and
WHEREAS,City Council heard testimony from two interested members of the public at the public
hearing; and
WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390,the City Council is required to
adopt findings of fact after conducting the public hearing.
NOW,THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Pursuant to RCW 35A.63.220 and RCW 36.70A.390,on August 24,2021,the City
Council conducted a public hearing on Ordinance No. 21-009 and the adoption of interim regulations to
establish reasonable occupancy, spacing, and intensity of use on emergency shelters, emergency housing,
transitional housing, and permanent supportive housing. The City Council hereby adopts the following as
findings of fact in support of Ordinance No. 21-009 and the adoption of interim regulations therein:
1. In 2021,the Washington State Legislature passed Engrossed Second Substitute House Bill 1220
(HB 1220)which became 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,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.
2. The City has previously adopted regulations for transitional housing.
3. 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.
4. Without immediate adoption of interim regulations, indoor emergency shelters, indoor
emergency housing, transitional housing, and permanent supportive housing would be allowed in
the zones specified in HB 1220 without any occupancy, spacing, and intensity of use regulations.
Allowing the transitional, permanent supportive, and emergency housing and shelters without
occupancy, spacing, and intensity of use standards creates a substantial likelihood of significant
Ordinance 21-013 Page 2 of 5
public health and safety issues for both residents within such uses,as well as surrounding neighbors.
This will create an immediate impact due to the effective date of FEB 1220.
5. 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. CPA-2021-0004, once adopted, will guide adoption of
permanent regulations related to homelessness, including regulations for transitional, permanent
supportive, and emergency housing and shelters.
6. 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. The City
identified a need of 6,660 new dwelling units by 2037 and that 2,900 new units are needed for those
at or below 100% of AM1. The Housing Action Plan identifies strategies to implement to address
needed housing. New affordable housing will assist those seeking to leave homelessness, as well
as to prevent others from entering homelessness. This will further impact the need for transitional,
permanent supportive, and emergency housing and shelters.
7. In 2021, the City began keeping data on the number of unhoused individuals within the City.
This data is currently being collected based on SNAP outreach team interactions, Spokane Valley
Police interactions,and the City's Homeless and Housing Coordinator's interactions with unhoused
individuals. Based on the data collected to date, the City estimates that approximately 100-120
individuals are unhoused within the City each month.
8. 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 between the required transitional, permanent supportive, and emergency housing, and
emergency shelters, and other surrounding existing uses.
9. Based on the data collected, the City has determined that spacing of one mile between the
transitional, permanent supportive, and emergency housing and shelters will fit the geography of
the City, limit negative impacts that can occur from clustering uses too close together and allow
sufficient number of uses within the City to meet estimated needs. Based on the data collected,the
City has determined that limiting facilities to a maximum of 20 individuals served will benefit the
public health by promoting an increase in exits from homelessness, ensuring a housing model that
easily integrates a trauma informed approach to case management, limiting staff burnout,
encouraging more individuals to seek housing,minimizing the negative impacts within the facilities
and on the surrounding neighborhoods, and preventing the "warehousing" of individuals.
10. 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.
11, 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
Ordinance 21-013 Page 3 of 5
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.
12. 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 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.
13. 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.
14. Pursuant to WAC 197-11-880, the adoption of Ordinance No. 21-009 was exempt from the
requirements of a threshold determination under the State Environmental Policy Act.
15. Pursuant to Ordinance No. 21-009,the City Council adopted a work plan to review and adopt
permanent fmal regulations for indoor emergency housing, indoor emergency shelter, transitional
housing, and permanent supportive housing uses.
16. On August 24, 2021, the City Council conducted a properly noticed public hearing. The City
Council heard testimony from two interested individuals. City Council has considered all public
testimony received.
17. 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.
18. Due to the imminent effective dates of HB 1220 and the urgent need for emergency and
transitional housing that is healthy, safe, and well planned, the emergency adoption of Ordinance
No.21-009 and the interim regulations therein was necessary for the immediate preservation of the
public health, public safety, public property and public peace 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.
19. The adoption of Ordinance No. 21-009 and the adoption of interim regulations for indoor
emergency housing, indoor emergency shelters, transitional housing, and permanent supportive
housing uses is consistent with the goals and policies of the City's Comprehensive Plan.
Ordinance 21-013 Page 4 of 5
Section 2. Duration. The interim amendments set forth in Ordinance No. 21-009 shall be and
remain in effect for a period of 365 days from the effective date of Ordinance No.21-009, 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 3. 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 4. 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 5. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed by the City Council this 7th day of September, 2021.
Ben Wick,Mayor
AT ES
Christine Bainbridge, City Clerl
Approved as to Form:
Date of Publication: 9 -
Office he Cit+ orney Effective Date:
f'1' ram— Jda/
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