HomeMy WebLinkAboutOrdinance 22-011 Housing and Emergency Shelters CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON -
ORDINANCE NO. 22-011
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,REPEALING INTERIM REGULATIONS ADOPTED BY ORDINANCE 21-009
RELATED TO INDOOR EMERGENCY SHELTERS, INDOOR EMERGENCY HOUSING,
TRANSITIONAL HOUSING, AND PERMANENT SUPPORTIVE HOUSING; ADOPTING A
NEW CHAPTER 19.45 SVMC, ADOPTING A NEW SVMC 19.65.035, AMENDING SVMC
17.80.030 AND 19.60.050, AND AMENDING SVMC APPENDIX A RELATED TO INDOOR
EMERGENCY SHELTERS, INDOOR EMERGENCY HOUSING, TRANSITIONAL HOUSING,
PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL PARKING; AND OTHER
MATTERS RELATING THERETO.
WHEREAS,in 2021,the Washington State Legislature passed Engrossed Second Substitute House
Bill 1220(HB 1220)which became effective July 25,2021,and later codified as RCW 35A.21.430. RCW
35A.21.430 amended the Growth Management Act and other associated statutes related to affordable
housing and homelessness. Amongst other requirements, RCW 35A.21.430 forbids municipalities from
prohibiting transitional housing and permanent supportive housing from residential zones and zones where
hotels are permitted. RCW 35A.21.430 also forbids municipalities from prohibiting indoor emergency
shelters and indoor emergency housing in zones where hotels are permitted as of September 30, 2021.
RCW 35A.2 1.430 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, prior to July 20, 2021 the City had adopted regulations for transitional housing, but
had not adopted zoning regulations specific to indoor emergency shelters, indoor emergency housing, and
permanent supportive housing; and the City's regulations in effect on that date for transitional housing were
more limited than allowed pursuant to RCW 35A.21.430; and
WHEREAS,due to the effective dates of the law and the urgent need for emergency and transitional
housing that is healthy,safe,and well planned,the City adopted Ordinance 21-009,later codified as chapter
19.45 SVMC,as an emergency ordinance establishing interim regulations to protect public health and safety
to permit indoor emergency shelters, indoor emergency housing, transitional housing, and permanent
supportive housing with reasonable occupancy,spacing,and intensity of use standards in the zones pursuant
to RCW 35A.21.430; and
WHEREAS, the interim amendments set forth in chapter 19.45 SVMC became effective on July
20, 2021, and shall continue in effect for a period of 365 subsequent days unless repealed, extended, or
modified by the City Council pursuant to RCW 35A.63.220 and RCW 36.70A.390; and
WHEREAS, Ordinance 21-009 also adopted a work plan directing the City to 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 pursuant to RCW 35A.21.430 and the adopted
Comprehensive Plan goals, policies,and strategies; and
WHEREAS, the work plan specifically directed the Planning Commission (Commission) 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, and further
directed the Commission to consider, review, and make recommendation on the regulations for indoor
Ordinance 22-011 Page 1 of 4
emergency shelters, emergency housing, transitional housing, and permanent supportive housing to City
Council; and
WHEREAS, City staff have proposed an amendment to the SVMC by adding a new chapter 19.45
and amending sections SVMC 17.80.030, 19.60.050, and 19.65.035, and amending SVMC Appendix A
related to indoor emergency shelters, indoor emergency housing, transitional housing, permanent
supportive housing, and transitional parking regulations; and
WHEREAS, pursuant to RCW 36.70A.106, the Washington State Depai Latent of Commerce was
notified on April 24, 2022, thereby providing a notice of intent to adopt amendments to Spokane Valley
development regulations; and
WHEREAS, on April 22 and 29, 2022,notice of the Commission public hearing was published in
the Valley News Herald; and
WHEREAS, on April 28,2022,the Commission held a study session; and
WHEREAS, on May 12, 2022, the Commission held a public hearing, received evidence,
information,public testimony, and a staff report with a recommendation, followed by deliberations; and
WHEREAS,on May 26,2022,the Commission approved the findings and recommended that City
Council adopt the amendments with modifications; and
WHEREAS, on June 14,2022, City Council reviewed the proposed amendments and Commission
Findings and Recommendations;and
WHEREAS, on June 28, 2022, City Council considered a first ordinance reading to adopt the
proposed amendments; and
WHEREAS,the amendments set forth below are consistent with the goals and policies of the City's
Comprehensive Plan; and
WHEREAS, chapters 17.80, 19.45, 19.60, 19.65, and Appendix A SVMC as amended, bear a
substantial relation to the public health, safety,welfare and protection of the environment; 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 occupancy,
spacing, and intensity regulations to minimize negative impacts and the potential for conflicts between the
required transitional, permanent supportive, and emergency housing, transitional parking, and emergency
shelters, and other surrounding existing uses.
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to establish reasonable occupancy,
spacing, and intensity of use standards consistent with RCW 35A.21.430 for indoor emergency housing,
indoor emergency shelters,transitional housing,permanent supportive housing and transitional parking.
Section 2. Finding and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the proposed
amendments and recommends approval of the amendments. The City Council has read and considered the
Planning Commission's findings. The City Council hereby makes the following findings:
A. Growth Management Act Policies - Washington State Growth Management
Act(GMA) provides that each city shall adopt a comprehensive land use plan
Ordinance 22-0I 1 Page 2 of 4
and development regulations that are consistent with and implement the
comprehensive plan.
B. The proposed amendment is supported by the Comprehensive Plan and is
consistent with the following goals and policies:
H-G4 Work collaboratively with local stakeholders to develop a Homeless Response
System specific to the needs of the Valley
H-G5 Work closely with and support the Regional Homeless System to ensure
continuity of care for community members that are unsheltered and unstably housed in
the Valley and throughout our region.
H-P6 Preserve and enhance the city's established single-family neighborhoods by
minimizing the impacts of more dense housing typologies such as duplexes and cottage
development.
H-P7 Work with service providers to bring additional resources to Valley residents.
H-P8 Ensure the provision of homeless and housing services have commensurate on-
site support to maintain the character of neighborhoods and minimize public service
calls.
H-P l 0 Ensure equal access for Valley residents to publicly funded programs,
transportation,job opportunities and housing.
H-P 12 Support the implementation of the Continuum of Care Five-Year Strategic Plan
to End Homelessness.
H-P 15 Encourage and support new projects and programs which seek to assist in
maintaining housing stability or provide exits from homelessness to housing.
H-P 16 Analyze and collect data through our local Community Management
Information System and use this data to help drive homeless and housing policy.
H-P17 Continue to support and participate in the Coordinated Entry implementation.
C. Conclusion:
1. The proposed text amendment is supported by the Comprehensive Plan
and consistent with the goals and policies.
2. The proposed amendment bears substantial relation to public health,
safety,welfare, and protection of the environment. The City is preempted
by HB 1220 from prohibiting emergency shelters, emergency housing,
transitional housing and permanent supportive housing in various zones
described in the bill. The City recognizes the need to provide safe and
stable parking areas for persons taking residence in their vehicles. HB
1220 authorizes the City to establish reasonable occupancy, spacing, and
intensity regulations for the mandated uses. The City is committed to
encouraging and supporting new providers or programs which assist the
City's unsheltered population and others experiencing housing instability.
These regulations prevent the unsafe, overconcentrated, or otherwise
unhealthy siting of these uses in an attempt to respond to the challenges of
Ordinance 22-011 Page 3 of 4
homelessness in an effective and responsible manner.
3. The proposed text amendment is consistent with Comprehensive Plan and
bears a substantial relation to public health,safety,welfare,and protection
of the environment.
Section 3. Repeal of chapter I9.45 SVMC. The City Council hereby repeals chapter 19.45
SVMC in its entirety, as set forth in Attachment A.
Section 4. Repeal of SVMC 19.65.035: The City Council hereby repeals SVMC 19.65.035 in
its entirety, as set forth in Attachment B.
Section 5. Adoption of new chapter 19.45 SVMC, "Community Services": The City Council
hereby adopts a new chapter 19.45 SVMC relating to indoor emergency shelters, indoor emergency
housing, transitional housing, permanent supportive housing, and transitional parking, as set forth in
Attachment C.
Section 6. Adoption of new SVMC 19.65.035: The City Council hereby adopts a new SVMC
19.65.035, as set forth in Attachment D.
Section 7. Amending SVMC 17.80.030; SVMC 19.60.050 and SVMC Appendix A. The
City Council hereby amends SVMC 17.80.030, SVMC 19.60.050,and SVMC Appendix A as set forth in
Attachment E.
Section 8. Other sections unchanged. All other provisions of Titles 17 and 19 SVMC and
Appendix A SVMC not specifically referenced hereto shall remain unchanged and in full force and effect.
Section 9. 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 10. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed by the City Council this 28'11 day of June, 2022.
q:4\- 066
Pam Haley,Mayor
ATTE
34-1- .7(?PC'""it
ristine Bainbridge, City Clerk
Approved as to Form:
fice le City ttornee
Date of Publication: l '/ 'a"c;c9
Effective Date: 2 -co - 02-dau
Ordinance 22-Oil Page 4 of 4
ATTACHMENT A
Chapter 19.45 SVMC COMMUNITY SERVICES
rJi'.ti Clvi"1-J
19.45.010 Purpose
19.45.020 Applies:
19 45 n3n Submittal Requirements a d Sta„dardth
t n 45 n5n Permit Regu;rd
i n 45 n6n Waive „d decisio
19.45.010 Purpose.
bi
of ncrgency shelters,emergency housing,transitional housing, and permanent-supportive-khous These
5 b
and broadet-eemmunity.
19.15.020 Applicabilit}'.
,
project shall be subject to the substantive requirements of this chapter in addition to other—applicable
5 g7
requirements, the project would be subject to a si+igle combined permit approval process using the greater
notice, hearing and permit type requirements.
and perma
information shall not be considered complete.
1. Identification of sponsors and/or managing agencies, including, but n t 'ii ited to:
b
homelessness;
ttpplicablcporicnce in a related program with-p .
2 A at. rla that ddr .. the follo =-elements
a. Key.stiff p_siti nd tho ole u� a onsib s
�p ..,
b. Site/facility management, including a socurity and emergency plan;
e--Site acuity maintenance, including at a minimum a plan for regular trash patrol in t e
immediate vicinity of the site;
s at-a--minimum, a plan for on site use or sale of alcohol-and illegal drugs and that
that items deemed as weapons are stored in a safe location;
p ;
f. Outreach with surrounding property owners and residents and ongoing good neighbor
g. P-reeedures for maintaining accurate and complete records and how confidentiality will
be maintained; and
'ders that operate emergency shelters o -emergency ho
coordination plan with street outreach teams and-enforcement agencies to ensure that
b ,
Manager or designee will assist in this facilitation if needed.
directed downward and glare must be contained within the facility site.
d. A map identifying transit, pedestrian and bicycle access from the subject site to services and
schools.
5. An interior space plan identifying all functions Iss _iated with the f,_lit„ `l__d_ng adequate
> a
permanent supportive housing shall be subject to all locally applicabled-itse a ..°ut .. . ,z. .. „ a„d
building regulation requirements including, but not limited to, all applicable requirements set forth in
a
shelters,emergency housing,transitional housing, and permanent rtive mousing shad be subject to the
following standards:
rgency housing, and
the underlying density of the particular zone.
2. Emergency shelters, emergency housing, transitional housing, and permanent supportive
hetuiling shall b ,
supportive housing to the nearest property line of another emergency shelter, emergency housing,
3. Emergency shelters, emergency housing, transitional housing, and permanent supportive
eptive
r•equiremenz+-S-z'-"v-ilate`irt@z�^ood related prepa ation,'seryice, •••,•-1 l.-..,.,fi,,,,n
number so as to accommodate the number of persons onsitc.
6. Emergency shelters, emergency housing, transitional housing, ,.permanent supportive
the minimum and maximum number of spaces, striping, and screening.
emonstrated through the
a
departments to ensure such compliance and shall implement all directives resulting from
inspections.
housing,transitional housing,or permanent supportive housing unless accompanied by a parent or
b
providing housing to youth, the sponsor and/or managing agency shall immediately contact Child
b b
information(211 hour accessible phone contact)to the patrol e ration nde or the Spokan e
. t(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.
inclusion in the Homeless Management Information System (HMIS).
} b b
A.d.. stray
under Coordinated Envy in HMIS.
19.45.050 Permit Required.
,
3 }
19.45.060 Waivers and decision.
A The Cit„ Manager o. designee shall h a ,. th uthorit,. to gran+ 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:
b 7 } , 3
and other similar impact; and
enrollment in a program e ,eia e ,
management for residents on site.
3
ATTACHMENT B
Chapter 19,65
SUPPLEMENTAL USE REGULATIONS
19.65.035 Community services.
b
•b , provisions in
C, I ti i u ianhn fitted,t,.a itio al hou sh 11 comply with the provisions in
Chapter19.45 SVMC,Community Services.
D.Permanent Supp g. a
p ns in C4iapter 19. 5 SVMC r'u. ....unit. Ser v ices.
•
ATTACHMENT C
Chapter 19.45
COMMUNITY SERVICES
Sections:
19.45.010 Purpose.
19.45.020 Applicability.
19.45.025 Permit Type
19.45.030 Application requirements and standards.
19.45.040 Data entry into regional homeless management information system.
19.45.050 Waivers and decision.
19.45.010 Purpose.
The purpose of Chapter 19.45 SVMC is to allow and establish a review and permitting process for the location,
siting,and indoor operation of emergency shelters,emergency housing,transitional housing,permanent supportive
housing and transitional parking.These regulations are intended to protect public health and safety by requiring safe
operations of these uses for both the residents and broader community.
19.45.020 Applicability.
Chapter 19.45 SVMC applies to all proposals for new or expanding emergency shelter, emergency housing,
transitional housing,permanent supportive housing,and transitional parking uses or modifications to such uses.
19.45.025 Permit Type
Emergency shelter,emergency_housing,transitional housing,permanent supportive housing and transitional parking
uses are classified as a Type II permit and shall be processed pursuant to SVMC 17.80.070.
19.45.030 Application requirements and standards.
A.Application contents. All applications for emergency housing,transitional housing,permanent supportive
housing,and transitional parkin,gtpermits shall contain the following: •
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 plan, including a security and emergency plan, and a plan for managing
individuals excluded from accessing the proposed facility that specifically addresses loitering and
trespassing. Security cameras shall be provided to monitor parking areas.
•
c. Site/facility maintenance plan. including at a minimum,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 that addresses threatening or unsafe behavior,substance use,safety,and cleanliness.
e. Provision of human and social services, including a staffing plan and outcome measures.
f.Outreach with surrounding property owners and residents that includes at a minimum the following:
i. A description of how the proposed facility will serve the population that will be
accommodated by the use;
ii. identification of a phone number and point of contact at the site of the proposed facility
for the community to report concerns;
iii. A plan for addressing reported concerns and documenting resolution,and making this
information publicly available; and
iv. Notice to all property owners and residents of the proposed site consistent with the
distribution requirements of SV MC 17.80.I20.(B)7(1).
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 space is available for people experiencing
homelessness in the City.
3. A map showing transit, pedestrian and bicycle access from the subject site to services and schools.
4. Emergency shelters and emergency housing providers shall provide 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.
5.A parking plan that addresses the parking needs of the use based on the population served and projected
needs. Parking shall be provided on-site unless it can be provided for consistent with SVMC 22.50.020(B),
The plan shall include security cameras and areas to be observed by the cameras.
6. An exterior lighting plan for the parking area in compliance with Chapters 19,75 and 22.60 SVMC.
7. Additional materials required for transitional parking uses include:
a.A site plan that indicates the facility parking and the parking area provided for the transitional parking;
b. The operations plan shall specify how waste and restroom access will be provided.Restroom access may
be provided either in the building or portable facilities;
c.The operations plan shall specify if the site is available for overnight parking use only,or available for
parking during the daytime and overnight;and
d. A signed agreement between the organization and the managing agency, if applicable.
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. In addition,emergency shelters,emergency housing,transitional housing,permanent supportive housing
and transitional parking shall be subject to the following standards:
1. In the MFR,CMU, MU, RC, IMU,and I zones,emergency shelters, emergency housing,transitional housing
sites,permanent supportive housing sites and transitional parking sites shall be limited to no more than 20
individuals being served. In the R-I, R-2, R-3, R-4,and NC zones, transitional housing and permanent
supportive housing shall be limited to no more than ten adults per dwelling unit,not including children under
the age of 18.
2. Emergency shelters,emergency housing,permanent supportive housing and transitional parking shall be
located a minimum of 1.0 mile apart measured from the nearest property line of any use regulated by this
Chapter.Transitional housing shall not be subject to any spacing requirements.
3.All residents staff and o erators shall com 1 with all S okane Count Health District re uirements related
to food preparation,service, and donations.
4. Trash receptacles shall be provided in multiple locations throughout the facility and site. Managing parties
shall contract with the applicable trash service provider for the duration of the use.
5.The number of parking spaces shall be required based on the population served and the projected needs of
the emergency shelter,emergency housing,transitional housing,or permanent supportive housing facility as
outlined in the parking plan and subject to review and approval of the City. Spaces shall be provided at a
minimum, and may increase at the discretion of the City after review of the parking plan as follows:
a. One space for the maximum number of staff on duty throughout each day;and
b. Five spaces for transitional housing and permanent supportive housing in residential zones;or
c.Ten spaces for emergency shelters,emergency housing,transitional housing and permanent supportive
housing in non-residential zones.
d. Transitional parking uses do not need to provide additional parking.
e. Off street parking shall comply with all other requirements of Title 22 SVMC including,but not limited
to paving, drainage, location,dimensions, and design standards.
6. 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.
7. No children under the age of 18 are allowed to stay overnight in emergency shelters,emergency housing,
transitional housing,permanent supportive housing or transitional parking sites unless accompanied by a parent
or guardian,or unless the facility is licensed to provide services to youth. If child under the age of l8 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.
8. The sponsor and/or managing agency shall designate points of contact and provide 24-hour accessible phone
contact information 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 shall be
provided to the SVPD.
9. Transitional parking programs are subject to the following additional requirements:
a. Restroom access either within the buildings on the property or through use of portable facilities.
Restrooms shall include handwashing stations or facilities in an adequate number as determined by the
City. Restroom and handwashing station access shall be available at all hours of the day and night.
b. Organizations providing transitional parking spaces must continue to abide by the parking requirements
in SVMC 22.50 so that the provision of transitional parking spaces does not reduce the total number of
available parking spaces required for the primary use.
c. Recreational vehicles shall be allowed.
19.45.040 Data entry into regional homeless management information system.
A. Emergency shelter,emergency housing,transitional housing,or permanent supportive housing entities shall be
required to provide and comply with a plan for collecting information/data from prospective occupants for inclusion
in the homeless management information system.
19.45.050 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 Chapter
19.45 SVMC. 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 not limited to,direct intake of
residents on site, daily check-in of residents to secure a bed, lack of resident enrollment in a program operated
by the on-site agency,or lack of available intensive case management for residents on site.
B. In cases where the application does not meet the provisions of Chapter 19.45 SVMC or adequate mitigation may
not be feasible or possible,the City manager or designee shall deny the application and issue a decision pursuant to
SVMC 17.80.130.
C. The City Manager may authorize the operation of a temporary emergency shelter for up to 30 days in situations
where an immediate life,health,or safety concern exists due to unanticipated or severe environmental
conditions. The City Manager may authorize an extension to the 30 days for a specified_period of time, if City
Council has adopted a resolution pursuant to chapter 38.52 RCW declaring that the conditions which gave rise to the
operation of the temporary emergency shelter continue in effect,and constitute a threat to the life, health, and safety
of the residents of the City. Temporary emergency shelters authorized by this section are not subject to the
requirements of chapter 19.45 SVMC.
ATTACHMENT D
Chapter 19.65
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.
E.Transitional parking programs. Where permitted,transitional parking programs shall comply with the provisions
in Chapter 19.45 SVMC, Community Services.
ATTACHMENT E
Chapter 17.80
PERMIT PROCESSING PROCEDURES
17.80.030 Assignment of development application classification.
A.Assignment by Table.Land use and development applications shall be classified pursuant to Table 17.80-1
below:
Table 17.80-1—FermitType and Land Use Application
Type Land Use and Development Application SVMC Cross-Reference
Accessory dwelling units 19.40
Administrative determinations by city manager or designee or building Multiple
official
Administrative exception 19.140
Administrative interpretation 17.50.010
Boundary line adjustments and eliminations 20.80
Building permits not subject to SEPA 21.20.040
Floodplain development 21.30
Grading permits 24.50
Type I
Home business permit 19.65.180
Shoreline letter of exemption 21.50
Record of survey to establish lots within a binding site plan 20.60.030
Right-of-way permits 22.130.100
Site plan review 19.130
Small cell permit 22.121;22.122
Temporary use permit 19.160
Time extensions for preliminary subdivision,short subdivision,or binding 20.30.060
site plan
Alterations—preliminary and final short subdivisions and preliminary and 20.60
final binding site plans(where there is no alteration of a public dedication)
Binding site plan—preliminary and final 20.50
Emergency Shelter and Emergency Housing 19.45
Minor alterations—preliminary subdivisions 20.50
Type II Permanent supportive housing 19,45
SEPA threshold determination 21.20.060
Shoreline conditional use permit 21.50
Shoreline nonconforming use or structure review 21.50
Shoreline substantial development permit 21.50
Type Land Use and Development Application SVMC Cross-Reference
Shoreline variance 21.50
Short subdivision--preliminary and final 20.30,20.40
Transitional housing 19.45
Transitional Parking Programs 19.45
Vacation—short subdivisions and binding site plans where there is no 20.70
vacation of an area designated or dedicated for public use
Wireless communication facilities 22.120
Alterations—final subdivisions(where a public hearing is requested) 20.50
Alterations—preliminary and final short subdivisions and preliminary and 20.60
final binding site plans(where there is alteration of a public dedication)
Conditional use permits 19.150
Subdivisions—preliminary 20.30
Type Ill
Substantial alterations—preliminary subdivisions 20.50
Vacation—subdivision;short subdivisions and binding site plans where there 20.70
is vacation of an area designated or dedicated for public use
Variance 19.170
Zoning map amendments(site-specific rezones) 19.30.030
Annual Comprehensive Plan amendments(text and/or map) 17.80.140
Type LV Area-wide zoning map amendments 17.80.140
Development Code text amendments 17.80.150
B.Assignment by City Manager or Designee.Land use and development applications not defined in Table 17.80-1
shall be assigned a type based on the most closely related application type by the city manager or designee,unless
exempt under SVMC 17.80.040. When more than one procedure may be appropriate,the process providing the
greatest opportunity for public notice shall be followed.
C. Shoreline letters of exemption,shoreline substantial development permits, shoreline conditional use permits,
shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the
procedures set forth in Chapter 17.80 SVMC,subject to any additional or modified procedures provided in Chapter
21.50 SVMC, Shoreline Regulations,including submittals,completeness review,notices,hearings,and decisions.
D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth
in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law,including but not
limited to 47 USC 1455(a) (Section 6409(a)of the Middle Class Tax Relief and Job Creation Act of 2012)and
Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible
facilities requests, collocations, small cell permits, and new wireless communication facilities.
E. Except as provided in Table 17.80-1,change of conditions for permits shall be processed the same as the original
permit type.
Chapter 19.60
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 I' P
Riding stable P P C'
Communication Facilities
Radio/TV broadcasting studio l' P 1' P
Repeater facility P P P P l' P P P P
Small cell deployment S S S S S S S S S SS 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 SS
Community Services
Community hall,club,or lodge 13 I' P P P P I' 1'
Church,temple,mosque,synagogue and p l' P I' P P P P P
house of worship
Crematory P P P P
Emergency housingEmergency housing SS SS SS SS SS
Emergency shclterEmeraency shelter SS SS SS SS SS
Funeral home P P
Perr anont s r"'.e-housingPermanent
Supportive Dousing SS SS SS SS SS SS SS SS SS SS SS
Transitional housing SS SS SS SS SS SS S-S SS -SS SS SS
Transitional parking S S S S S
Day Care
Day care,adult P P P 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 MFR MU CMU NC RC IMU I POS
Day care,child(12 children or fewer) l' P P 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 I'
Schools,K through 12 P P I' P P P P P P
Schools,professional,vocational and trade p P P P P P
schools
Schools,specialized training/studios I' P P I'
Entertainment
Adult entertainment and retail S
Casino P P P
Cultural facilities P P I' 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 1' T I' 1' P i' I'
or less)
Community residential facilities(greater 1' P I'
than 6 and under 25 residents)
Dwelling,congregate P P 1'
Industrial,Heavy
Assembly,heavy P
Hazardous waste treatment and storage S S
Manufacturing,heavy P
Processing,heavy P
Mining S
Industrial,Light
Assembly,light 1' P P P P
Manufacturing, light P I' p
Processing,light 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
Recycling facility S S S S
Industrial service P P
Lodging
Bed and breakfast P P P P P P
I-lotelimotel 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 1' 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 P. R
Public utility local distribution facility S S S S S S S S P P P S
v
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 1' P P
Dwelling,single-family P P P P P 1' 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
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
Batteay 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 i'
Transit center I' 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 i' P P
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 I' I' S P l' P
Heavy truck and industrial vehicles sales, , 1,
I
rental,repair and maintenance
Passenger vehicle,boat,and RV sales, P P P
service and repair
Towing I' P P P
Truck stop P P
Warehouse,Wholesale,and Freight
Movement
Auction house P P i'
Auction yard(excluding livestock) P l'
Catalog and mail order houses I' 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
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
-
Storage,self-service facility I' 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
1
APPENDIX A
DEFINITIONS
Appendix A—Definitions
B. Definitions
Contimmity-Ser-viees-Fuse-eategary -U-ses-ef-a-publier nonprofit,or charitable nature that provide a local set wee-to
the community. Examples-include funeral service fa iliti ligious i,stitution enio cente, mu;ty- enter
youth e ,
when--operated by a public or nonp' {it ati al tr ng f th ph. all Mentally_disabled ,,up
kitchens, and surplus food-distribution-centers. "Community services"include the following specife uses
1, ail ry indoor accommodations for individuals f,,ilien wh„
, r
p a
a lease or an occupancy agreement.
II 11
g .
b •
"Permanent "
prioritizes peopl ns practices
designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing
IF lat d t" „t.,l hist„ 1 1 t d 1 bah Pe „t o „portive 1,.,usin i ed
with on site or off site voluntary services designed to support a person living with a complex a
health-ep-hys-ieal-h-ealth-eendition-who-was-e*periencing homelessness or was at imminent risk of homelessness prior
to .,ovi g into housing t., retain their—housing and be a successful tenant in a housing arrangement, improve the
ased health care, treatment, or
employment services. Permanent supportive housing is subjget-to all of the rights and responsibilities defined in
chapter 59.18 RCW.
t rtive 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
m-
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: 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: An indoor 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: Subsidized leased housing with no limit on length of sta 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 histo and .ersonal behaviors. Permanent su •ortive housin: is_ aired 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: A project that provides housing and supportive services to homeless persons or families, or
other displaced individuals or families in need of protective shelter,for up to two years and that has as its purpose
facilitating the movement of homeless or otherwise displaced 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,
• Transitional parking_pragram: A program for people who are experiencing homelessness and sleeping in their
vehicles at night. A transitional parking program can include locations open only for overnight use,or locations
only during the daytime and overnight where persons experiencing homelessness reside in their vehicles on site.
Dwelling, congregate: A residential facility under joint occupancy and single management arranged or used for
g g,
housing, and per gr b "
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."
Group living,use category:Living facilities for groups of unrelated individuals that include at least one person
residing on the site who is responsible for supervising,managing,monitoring,and/or providing care,training, or
treatment of residents characterized by shared facilities for eating,hygiene, and/or recreation. Examples include
dormitories,fraternities and sororities,assisted living facilities,nursing and convalescent homes,aggregate
dwellings,and community residential facilities. Excludes detention and post-detention facilities, emergency
shelters,emergency housing, transitional housing and permanent supportive housing.
Lodging, use category:Establishments that provide a person,typically a traveler, a place to stay for a short period
of time. Examples include bed and breakfasts,hotels, and motels.Transitional housing and mass shelters are
included in the"Community services, use category."
Stipp: • _: For purposes of Chapter 19.,1 car C rti e he si e fers to :to r e.manent
residential develop ••r tr . .,ir sidentiai d-welling
d families with an on site
5 , ,
facilities,hospital,psychiatric and/or substance abuse and secure community transition facilities are not transitional
'lousily,. See"Community services,use category-