Loading...
2022-04-14 Agenda Packet 01111111#1\11111%, Spokane Valley Agenda Spokane Valley Planning Commission Regular Meeting Tuesday,April 14,2022 at 6:00 p.m. Remotely via ZOOM meeting and In Person at 10210 E Sprague Avenue Note: In response to Governor Inslee's announcement reopening Washing under the "Washington Ready"plan, members of the public may attend Spokane Valley Planning Commission meetings in-person at City Hall at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in person or via Zoom as described below. Public comments will only be accepted for those items noted on the agenda as "public comment." Those wishing to make a comment via Zoom, need to email plannimz@spokanevallev.om prior to 4:00 p.m. the day of the meeting to speak during the comment period of the meeting. Comments can also be emailed to planninv a,spokanevallev.org and they will be read into the record or distributed to the Commission members via email. Otherwise, comments will be taken in-person at the meeting in Council Chambers. LINK TO ZOOM MEETING INFORMATION: https://spokaneval lev.zoom.us/j/87146597722 One tap mobile US: +12532158782„ 87146597722#or+13462487799„87146597722# US Dial by your location US: +1 253 215 8782 US 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: March 24, 2022 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: On any subject which is not on the agenda. 9. COMMISSION BUSINESS: a. Study Session: CTA-2022-0001 —Community Services Interim Regulations Governing Transitional and Emergency Housing 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall March 24,2022 I. Planning Commission Chairman Bob McKinley called the meeting to order at 6:00 p.m. The meeting was held remotely via ZOOM meeting. II. Planning Commission Secretary Lemons took attendance, and the following members and staff were present: Fred Beaulac Cary Driskell, City Attorney Susan Delucchi Chaz Bates, Planning Manager Karl Granrath Marianne Lemons,Administrative Assistant Walt Haneke Bob McKinley Nancy Miller, absent Sherri Robinson There was consensus from the Planning Commission to excuse Commissioner Miller from the meeting. III. AGENDA: Commissioner Robinson moved to approve the March 24, 2022 agenda as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. IV. MINUTES: Commissioner Beaulac moved to approve the AMENDED March 10, 2022 minutes as submitted. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. V. COMMISSION REPORTS: There were no Commission reports. Commissioner Granrath joined the meeting at 6:04 p.m. VI. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates stated that meetings will return to in-person at the next Planning Commission meeting to be held on April 14, 2022. VII. PUBLIC COMMENT: There was no public comment. VIII. COMMISSION BUSINESS: a. Findings Of Fact: 2022 Comprehensive Plan Amendments Planning Manager Chaz Bates presented the Findings of Fact for the 2022 Comprehensive Plan Amendments for approval. He stated that the Planning Commission held a public hearing on the proposed Comprehensive Plan Amendments on at the March 10, 2022 03-24-2022 Planning Commission Minutes Page 2 of 2 meeting. After receiving public testimony,the Planning Commission moved and voted 7-0 to recommend approval to the City Council of CPA-2022-0001 with added parking language, CPA-2022-0002 as submitted, CPA-2022-0003 with added comments regarding the fire station and CPA-2022-0004 as submitted. He explained that the approval of the Findings of Fact will formalize the recommendations that were made at the public hearing. Commissioner Robinson moved to approve the Findings of Fact for the approval of CPA- 2022-0001, CPA-2022-0002, CPA-2022-0003, CPA-2022-0004 as submitted. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. IX. GOOD OF THE ORDER: Commissioner Beaulac asked if it would be possible to change the newspaper of record from the Spokane Valley Herald to the Spokesman Review. Attorney Driskell explained that the City Council adopted the Herald as the newspaper of record and has not opted to change it. X. ADJOURNMENT: Commissioner Granrath moved to adjourn the meeting at 6:13 p.m. The vote on the motion was seven in favor, zero against, and the motion passed. Bob McKinley, Chair Date Signed Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: April 14, 2022 Item: Check all that apply n old business ® new business n public hearing n information ® study session n pending legislation AGENDA ITEM TITLE: CTA-2022-0001 Community Services Regulations—Study session GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040. PREVIOUS COMMISSION ACTION: None BACKGROUND: CTA-2022-0001 is a city-initiated code text amendment to adopt permanent regulations to address transitional housing,permanent supportive housing,emergency housing and emergency shelters. 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 preempted the City from prohibiting transitional housing and permanent supportive housing in any residential zones or zones where hotels were permitted and also preempted the City from prohibiting emergency housing and emergency shelters in zones where hotels were permitted. However, HB 1220 allowed cities to adopt reasonable occupancy,spacing,and intensity limits on such housing and shelters.The majority of HB 1220 became effective on July 25, 2021, although the provisions affecting emergency housing and emergency shelters were not effective until September 30,2021. At the time HB 1220 was passed the city only regulated "transitional housing" and allowed 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 would have been allowed in nearly all City zones with no limits other than generally applicable building code requirements beginning September 30, 2021. Due to the potential for significant impacts of such applications since the City did not have any occupancy, spacing, or intensity regulations for such uses temporary interim regulation were adopted to provide for reasonable occupancy, spacing, and intensity limits while the City developed permanent regulations regarding such housing and shelters. Ordinance No. 21-009 was adopted on July 20, 2021 and provided 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 formalized the zones where such uses were allowed pursuant to HB 1220. The interim regulations defined emergency shelters, emergency housing, transitional housing, and permanent supportive housing. They also limited these housing types to a density of 8 persons in residential zones, and 20 persons in the other permitted zones.A one-mile buffer was required between all such uses.The interim regulations required 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. Ordinance No.21-009 established Chapter 19.45 SVMC as interim regulations effective for a period of 365 days, unless repealed,extended or modified. The interim amendments will expire on July 19,2022 unless further action is taken. The city has begun the process of developing permanent regulations to address these uses,and will bring the draft regulations to the Planning Commission for review in subsequent meetings. Staff will provide an overview of HB 1220 and chapter 19.45 Community Services, which are the interim regulations that will expire on July 19,2022. Staff anticipates providing a draft of the proposed regulations at the April 28th meeting. RPCA Study Session for Code Text Amendment CTA-2022-000 1 Page 1 of 2 RECOMMENDED ACTION OR MOTION: No action recommended at this time. STAFF CONTACT: Lori Barlow, AICP, Senior Planner and Eric Robison, Housing and Homeless Coordinator ATTACHMENTS: 1. Presentation 2. Ordinance No. 21-009 3. Chapter 19.45 SVMC RPCA Study Session for Code Text Amendment CTA-2022-000 1 Page 2 of 2 Chapter 19.45 Community Services Interim Regulations Governing Transitional and Emergency Housing Study Session - April 14, 2022 Lori Barlow, Senior Planner and Eric Robison, Housing and Homeless Coordinator *Wane jVall+ey� Overview Engrossed Second Substitute House Bill 1220 (HB 1220) Current City regulations Adoption of Ordinance No. 21-009 - interim regulations Background on need for transitional and emergency housing Next steps H B 12 2 0 , _ ► aclulh Adopted by State Legislature i n 2021 " ll l' l.Il Ilc le,�p,���lfafi,�,y .11(;Ol(,1g4), Requires planning for affordable housing "�t�nflf,;ttee t:,;,, ;3sls llrlrl'11i, in next Comprehensive Plan Update 'I°:,u..:lk�:: ''" '' "'.n}•rlr,,�.5an r�..r rr.�vlr. rr.ll.,fvnurn.Il,n•LrA.ur., a"M.!lyre.ll uekrn•,.c y„y,l'•fh.,r,q�:r J 1,r -.: Preemption Ll'Jah,tl+e/r,m Urh,.,nn,,,n n All ha I1ar p1;ulnin0 lur anJ a',rN A,rL'nl lhv Lo'uJ r:/11111 I111/uirv..i::]; ,v ,„,,,n„;n rl,:na eni;nJ:,;,.L v:;:nonr.l.-r r��ialuJ. City cannot prohibit transitional housing and l•Vuvn "' ;, J' u'Hg6J' ,•Play,r n'Innr`n,,,, ,v..r `nl i:l rh.n :WJ 14 in lh.•hou+inA�..L'r'4'^I�:r+J °n4'r''hvn,,,'o-cnml. L•Ilnlry ,nr Ihvvn, r„rna.'r,nl :r,,. permanent supportive housing in any zones rl .,hqF.1.Lra .Plan. where residential dwellings and hotels are °•roan„r,�Ylrll""°"vh Ih:liner rG.I lan: allowed rcyry; nJ vr�v".'ul•1tY rG.1, hvall the f;.11 111 r,rh..rar.. b�. �ln./i nnbe'"'/l1h.j nnho.anJ l::nd n,'.nnrnc�n.i,e Ifpagn„rx q• lia uirh'r n.'.anda.y Ir"n nnJ vn, rGrrorn,V lr.un.no, fl 4ui,'nr.•m.,l.r llWl.nv„hl .'nrli,;uril,r :rl y A — City cannot prohibit emergency housing and h.r.,,,, rFnvJ, •1"nWi.li�vn �r P"nr,l+ri n,,::,.,Jr l4nron�. Ihm rullp rlau wWer rh,•f;ll,l n„,, •r emergency shelters in any zone where hotels ' n+lh runvann are allowed 3 HB 1220 - cont. Allows City to adopt reasonable occupancy, intensity of use, and spacing standards to promote public health and safety Must allow enough transitional or emergency housing to meet current and projected needs Effective July 25, 2021 (Emergency housing and emergency shelter preemption effective September 30, 2021 Current City regulations (prior to Ord 21-009) "Transitional housing" Only allowed in Multi-family zone through a conditional use permit process Impact? Uses would be allowed in all zones provided in HB 1220 without any occupancy, spacing, or intensity standards. Potential for significant public health and safety issues for both transitional and emergency housing/shelters as well as surrounding neighbors. In process of developing Comprehensive Plan amendments (discussed later) Immediate impact without interim occupancy, spacing, and intensity regulations while City works through Comprehensive Plan amendments and permanent regulations. Ordinance No. 21-009 Interim regulations authorized pursuant to RCW 36.70A.390 and RCW 35A.63.220 May be adopted immediately so long as City conducts public hearing within 60 days and adopts findings of fact supporting the interim regulations. Interim regulations valid for 6 months, unless a work plan is adopted - then may be one year. City Council adopted interim regulations by Ordinance No. 21-009 on July 20, 2021. Adopted work plan Comprehensive Plan amendments Adopt permanent regulations Declaration of emergency due to immediate need for these regulations Public hearing conducted - August 24, 2021. Ordinance No . 21-Q09 - Interim Regulations Interim regulations - Established New Chapter 19.45 Community Services as Interim Regulations (to expire in 365 days) Definitions Emergency Housing Emergency Shelter Permanent Supportive Housing Transitional Housing Permitted Use Matrix amendments to provide for uses in zones required by HB 1220 Definitions Appendix A - Interim Regulatio n s Community services, use category: Uses of a public, nonprofit, or charitable nature that provide a Definitions community. Examples include funeral service facilities, religious institutions, senior centers, comm facilities, hospices, drug and alcohol centers, social service facilities, mass shelters, short-term hod?: established in or nonprofit agency, vocational training for the physically or mentally disabled, soup kitchens, and HB 1220 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: 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: Subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW. • Transitional housing: 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. C h a ter 19.45 SVMC - Interim Regulations LI Permitted Use Matrix Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R-4 AMR MU CAM NC RC IMU I POS Community, Services Community hall, club, or lodge P P P P P P P P 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 Chapter 19 .45 SVMC - Interim Regulations Chapter 19.45 SVMC: Criteria : Applies to all four uses Qualifications of operators Type II permit - administratively Operations plan — approved Staff No kids unless licensed or with Security parent or guardian Code of conduct CMIS/Coordinated Entry Outreach with neighbors Record keeping Coordination plan with street outreach teams regarding bed availability Onsite supervision Lighting, parking, sanitation, trash, bike and pedestrian access, all functions must be inside Chapter 19 .45 SVMC - Interim Regulations Chapter 19.45 SVMC - Occupancy: MFR, CMU, MU, RC, IMU and I zones: 20 individuals being served R-1 through R-4 and NC: 8 individuals being served per dwelling unit Permanent supportive housing - in commercial and MFR zones is treated like other residential uses for occupancy limits Spacing: 1 mile spacing Based on application, conditions to minimize nuisance impacts and adverse operational characteristics Housing Action Plan El Housing Action Plan — Need of 6,660 new dwelling units by 2037 — 2,900 units are needed for households below 100% AMI III — Implementing strategies to increase housing �� supply for all income segments ., SPOKANE \/ALLEY HOUSING ACTION PLAN HOUSING NEEDS ASSESSMENT SUMMARY REPORT, OCTOBER 2020 12 2021 Comprehensive Plan Amendment Comprehensive Plan Amendment CPA- 2021-0004: MN ,� — Formalizes the City's current commitment regional approach in reducing eg pp homelessness and; Lic .• . — Provides guidance on zoning regulations for ; ' ;7.1 homeless services. 9 2017.2037 .. ADOKED:DECEMBER 2016BY 0RDINAN AMENDED BY ORDNANCE:19014:19.0CA 1043011 F' 13 Information on unsheltered individuals Staff estimated: at least 100-120 individuals in the ritv Pxneriencing homelessness in any one month— information current at time of interim Regulation Adoption(Ord, No.2021-009) Data based on street outreach and daily contacts rom o owing: SNAP County Outreach Spokane Valley Police Department - City of Spokane Valley Homeless and Housing Coordinator Given identified need, regulations must allow transitional and emergency facilities Interim regulations permitted facilities necessary to meet needs while addressing impacts from facilities Next Review Steps — CTA-2022-0001 6' Begin Review of CTA-2022- , Ok 0001 Permanent ��� Study Administrative Regulations to address , C•` Session Report CommunityServices . '� ` p LO Public �� 15t Ordinance ,`,�Oo Hearing CEO Reading QP Qi O Q\ Finding & 2 n d Ordinance Recommendation Reading 4/7/2022 16 - ---..,--,(- :7"17.v, . , , ,... ... - - • I •%.,, ., . 'tI'I„•++. .".,:''•.-+•. • "',--..'.',,`._•'- r 7,,,*,-..,•',7.I4:-•'- o.' =-.-.,_0.,:""f---'.;.a i..-TP4'.-,g'r.:4ii4L-='-'1..-'-I'4:''-',44,'.:':i0.2?'--:,lt'-"'l,.+i-,-S,r.----'=.:ii-.1'k3:.,-,.'.',Zi,.i:,.",1+.,,„---'7"2.1C,.r17•2-,_„04-24,'4.4,-1+.,+..r..7..,--.d 4-.-0'-...:i,i..•i-t:•-.ilI'••-,•.*i',.-rT-‘...t-r..;lZ:,'.....:-',l$,T:':,01- i f -, , , -'• •..'.,..1.',1 .,,. .. .....-. Questio ns & ••••;UP, . ,1-.''''S f.j•'''''-r7rVi.', -4'4,..,W-!. .E.'-e' 1 ,•• ;- . r r....›i...-J;... .•:". .• '._ ',.fr i-,219'.1.€1'4,••21.1.:;,,.'' -':'. -',..._._-ntil.f.V77.46 r , ;t•'ill.'r . :. •:. .., ..-••-•••;..“...-7'7' N,",• ,;,---4':, 6--w-Wili-i' ', , .. r t....4kii,,• - -..',,. \. - .-_- .-:-.'-- ,.'.,'As. ..?--,..",-..;.,, , . ,......,c: . .. !.::)...e.c.,:.'.,„ • • , .,.,...L?-• -.i..,:•:-;1:,6.i!--._.7-,'. ---;,"= -- .--,.-' Discussion ,,..;....,.....„.,. ..., " . . ,... . . . ..., '-,-f'.•i''-•',j+14.-,:,'“,-., , + 't,... ... . '''+'-',.;;P_' ;'- :-.• ..: '+'4: , '. -.•••.'.-r!...• 1-/tr'i-'-',..-.''.....-:.•••: • ..../-.• -:.`..:. '- -..'1'.),I-1,C+Siri.1:.•.+•; '...:•- ••;':. . ',.:',:,,,,,in-,4:,.:.;'}...,:-." ., ,•.. .. :‘,"-'•-:-..-'.:,... i-,-; *-f•:!'. -.. .. .' ,--,'"l's.:t-,-.,-- ' - ' . • . ' '''''' "' '.. .tifl.4'4•'l'‘4 V,,r.--- , . ., '.-It.if'i'd:kiNilF.• '-' . • CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.21-009 AN EMERGENCY ORDINANCE OF TIIE CITY OF SPOKANE VALLEY,SPOKANE COUNTY, WASHINGTON,ADOPTING IMMEDIATE INTERIM AMENDMENTS TO TITLE 19 SVMC BY ADDING A NEW CHAPTER 19.45 SVMC, AMENDING SECTIONS 19.60.050 AND 19.65.035 SVMC, AND AMENDING SVMC APPENDIX A RELATED TO INDOOR EMERGENCY SHELTERS, INDOOR EMERGENCY HOUSING, TRANSITIONAL HOUSING, AND PERMANENT SUPPORTIVE IIOUSING, ESTABLISIIING A WORK PLAN, SETTING A PUBLIC HEARING, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF THE INTERIM AMENDMENTS, AND OTHER MATTERS RELATING THERETO. WHEREAS,in 2021,the Washington State Legislature passed Engrossed Second Substitute House Bill 1220 (HB 1220) which becomes effective on July 25, 2021. 1-113 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. FIB 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 arc 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 FIR 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 between the required transitional, permanent supportive,and emergency housing, and emergency shelters, and other surrounding existing uses; and WHEREAS, pursuant to Article II, 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 arc 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, 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 arc being reviewed and adopted and permanent regulations are being developed; and WHEREAS, the City Council finds that the emergency immediate interim amendments adopted and established by this Ordinance are necessary for the immediate preservation of the public health, public safety, public property and public peace. NOW,THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Ordinance 21-009 Page 2 of 5 Section 1. Preliminary Findings. '1'hc 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 LIB 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 arc 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 frilly receive and consider statements, testimony, positions, and other documentation or evidence related to the public health, safety, and welfare aspects of indoor Ordinance 2I-009 Page 3 of 5 emergency housing, indoor emergency shelters, transitional housing, and permanent supportive housing. The Planning Commission shall consider, review, and make recommendation on the regulations for indoor emergency shelters,emergency housing,transitional housing,and permanent supportive housing to City Council. 2. Upon receipt of a recommendation from Planning Commission,the City Council shall consider and adopt such regulations for indoor emergency housing, indoor emergency shelters, transitional housing, and permanent supportive housing as it determines to be necessary for the public health, safety, and welfare, and considering the requirements of FIB 1220 and the adopted goals, policies,and strategies of the Comprehensive Plan. Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390,the City Council shall conduct a public hearing on these interim amendments on August 24, 2021 at 6:00 p.m., or as soon thereafter as the matter may be heard, to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the interim amendments set forth in this Ordinance. The hearing will take place at the City of Spokane Valley City Hall in City Council Chambers, and will be conducted both in-person and remotely using the ZOOM meeting web and telephone conference tool, or in such manner as provided by law,and will be hosted by the City of Spokane Valley, 10210 East Sprague Avenue, Spokane Valley, 99206. Immediately after conducting the public hearing, the City Council shall adopt findings of fact on the subject of these interim amendments and either justify the continued adoption of such interim amendments, cancel the interim amendments, or modify the interim amendments as determined necessary. Section 5. Duration. The interim amendments set forth in this Ordinance shall be in effect as of the date of this Ordinance and shall continue in effect for a period of 365 days from the date of this Ordinance, unless repealed, extended, or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 36.70A.390. Section 6. Ratification. Any act consistent with the authority set forth herein and prior to the effective date of this Ordinance is hereby ratified and affirmed. Section 7. Severability. if any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence,clause,or phrase of this Ordinance. Section 8. Declaration of Emergency: Effective Date. The City Council hereby declares this Ordinance is designated as a public emergency necessary for the protection of public health, safety, and welfare to establish interim amendments setting reasonable occupancy, spacing, and intensity of use requirements on indoor emergency housing, indoor emergency shelters, transitional housing, and permanent supportive housing pursuant to I-IB 1220. These interim amendments must be imposed as an emergency measure to protect the public health, safety, and welfare, and to prevent the unsafe, over- concentrated, or otherwise unhealthy siting of indoor emergency housing, indoor emergency shelters, transitional housing,and permanent supportive housing units in an attempt to respond to the challenges of homelessness in an effective, responsible manner. This Ordinance does not affect existing vested rights, nor will it prohibit development within the City since all other allowable uses are not affected by these interim amendments. Based on the reasons and declaration of emergency stated herein,this Ordinance shall take effect immediately upon adoption by the City Council. Ordinance 21-009 Page 4 of 5 Passed by the City Council this 20th clay of July,2021. : LJ Ben Wick, Mayor ATTEWt1 Christine Bainbridge,City Clerk Approved as,to-F rm:_ / %�- AttoMey / _Ai.-tr Date of Publication: 1�f/`� �;;162/Office f theity 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 1-lousing" means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status,and connect the resident of the housing with community-based health care,treatment,or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. •"Transitional housing"means a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living. Detention and post-detention facilities,hospitals,psychiatric and/or substance abuse and secure community transition facilities are not transitional housing. *** Dwelling, caretaker's residence: A dwelling unit provided for the purpose of on-site supervision and security that is occupied by a bona fide employee of the property owner. See"Residential, use category." Dwelling, congregate: A residential facility under joint occupancy and single management arranged or used for lodging of unrelated individuals, with or without meals, including boarding or rooming houses, dormitories, fraternities and sororities, and convents and monasteries. Emergency shelters, emergency housing,transitional housing,and permanent supportive housing are not considered congregate dwellings. See"Group living, use category." Dwelling,cottage: A small single-family dwelling unit developed as a group of dwelling units clustered around a common area pursuant to SVMC 19.40.050 as now adopted or hereafter amended. Transit center: A facility serving transit patrons which may serve as a transfer point between different transportation modes and routes, and providing parking. See"Transportation, use category." Transportation, use category: Facilities that provide public or private transportation services and/or transfer points between modes of transportation. Examples include private airstrips, heliports,park and ride stations, private parking garages,and transit centers. ** 2. Section 19.60.050 SfalC:is hereby amended as follows: Chapter 19.60 SVMC PERMITTED USES 19.60.050 Permitted uses matrix. Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R-4 MI'R MU CMU NC RC 1MU 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 I' 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 I' P I' Repeater facility I' 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 I' P 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 Parks Residential Mixed Use Commercial Industrial and Open Space It-1 R-2 R-3 R-4 1lFR I\lU CMtJ NC RC !MU I POS Funeral home I' P Permanent supportive housing S S S S S S S S S S S Transitional housing S S S S S S S S S S S Day Care I)ay care,adult P P P P P P I' P P P P Day care,child(12 children or fever) P P P P P P P P P P P Day care,child(13 children or more) C C C C I' P P P P I' P Eating and Drinking Establishment P P P P P P S Education Schools.college or university P I' P Schools. K through 12 P P P P P P P P P Schools,professional,vocational and trade P I' P P P I' schools Schools,specialized training/studios P P P P Entertainment Adult entertainment and retail S Casino P 1' 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 I' I' P Racetrack P P Recreational facility P I' P P P P Theater,indoor P P P Group Living Assisted living/convalescent/nursing home P P I' P Community residential facilities(6 residents P P P P P P P or less) Community residential facilities(greater I' P P than 6 and under 25 residents) Dwelling,congregate P P P Industrial,Heavy Assembly,heavy P Hazardous waste treatment and storage S S Manufacturing,heavy P Processing,heavy P Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 12-3 12-4 MTR MU CMU NC RC IMU I POS Mining S Industrial,Light Assembly,light P P P P P Manufacturing, light P P P Processing, light P P Recycling facility S S S S Industrial service P P Lodging 13cd and breakfast P I' P P P P Hotel/motel P P I' P S Recreational vehicle park/campground S Marijuana Uses Marijuana club or lounge Marijuana cooperative Marijuana processing S S Marijuana production S S Marijuana sales S S S Medical S P P P P I' Office Animal clinic/veterinary S S S S S Office,professional f P P P P P P Parks and Open Space Cemetery P P P P Golf'course P P P P I' 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 l' Public/Quasi-Public Community facilities P P P P P P P P P P P I' Essential public facilities 12 R R R R R R R R 12 Public utility local distribution facility S S S S S S S S I' P P S Public utility transmission facility S S S S S S S S S S S S Tower,wind turbine support S S S S Residential Dwelling,accessory units S S S S S S S S S Dwelling,caretaker's residence S S S S S Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 12-3 R-4 MFR MU CMU NC RC Ii\•ltl 1 POS Dwelling,cottage S S S S Dwelling,duplex S P P S S Dwelling, industrial accessory dwelling unit S S Dwelling,multifamily P P I' Dwelling,single-family I' P P P P P P P Dwelling.townhouse S S S S S Mannlactured home park S S S Retail Sales and Service P P S P P S S Transportation Airstrip,private P 1' Battery charting,stations S S S S P P I' I' P P P S Electric vehicle infrastructure I' P P I' P 1' P P Ilelipurt I' I' Ilelistop C C P Parking facility—controlled access P P P P P Railroad yard,repair shop and roundhouse 1' "Transit center P I' P P P Vehicle Services Automobile impound yard P P Automobile/taxi rental P P I' P P Automobile parts,accessories and tires I' 1' P P I' Automobile/truck/RV/motorcycle painting, p P I' I' repair.body and tender works Car wash P P S P P P Farm machinery sales and repair P P P Fueling station P P S I' 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 lowing P P P P Truck stop P P Warehouse,Wholesale,and Freight Movement Auction house 1' P P Auction yard(excluding livestock) P P Catalog and mail order houses P P P I' P Parks Residential Mixed Use Commercial Industrial and Open Space R-I R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Cold storage/food locker P P Freight forwarding P I' 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 I-lousing. Where permitted, permanent supportive housing shall comply with the provisions in Chapter 19.45 SVMC, "Community Services". *** 4. Title 19 SViVIC 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. 19.45.0401)ata Entry into Regional Homeless Management Information System (HMIS). 19.4.5.050 Permit Required. 19.45.060 Waivers and decision. 19.45.010 Purpose. The purpose of this chapter is to allow and establish a review process for the location,siting,and operation of emergency shelters,emergency housing,transitional housing,and permanent supportive housing. These regulations are intended to protect public health and safety by requiring safe operations of emergency shelters,emergency housing,permanent supportive housing,and transitional housing for both the residents and broader community. 19.45.020 Applicability. This chapter applies to all proposals for new or expanding emergency shelter, emergency housing, transitional housing, and permanent supportive housing uses. If any component of a project is for emergency shelters, emergency housing, transitional housing,or permanent supportive housing, the entire project shall be subject to the substantive requirements of this chapter in addition to other applicable regulations for the other portions of the project. For example, if a project was for a combined transitional housing and substance abuse treatment facility, the project would be subject to the substantive approval criteria of this chapter for transitional housing and all other substantive approval criteria related to substance abuse treatment facilities. In the event of different notice, processing, hearing, and permit type requirements, the project would be subject to a single combined permit approval process using the greater notice, hearing and permit type requirements. 19.45.030 Submittal Requirements and Standards. A. Applicants shall submit applications for emergency shelters, emergency housing, transitional housing, and permanent supportive housing. Applications shall contain all information necessary for a Type II permit and the information identified in this subsection. An application that does not contain all necessary information shall not be considered complete. • 1. Identification of sponsors and/or managing agencies,.including, but not limited to: a. Identification of experience providing similar services to people experiencing homelessness; b. Certifications or academic credentials in an applicable human service field and/or applicable experience in a related program with people experiencing homelessness. 2. An operations plan that addresses the following elements: a. Key staff positions and their roles and responsibilities; b. Site/facility management, including a security and emergency plan; c. Site/facility maintenance, including at a minimum a plan for regular trash patrol in the immediate vicinity of the site; d. Occupancy policies, including resident responsibilities and a code of conduct that includes, at a minimum,a plan for on-site use or sale of alcohol and illegal drugs and that prohibits threatening or unsafe behavior.The sponsor and/or managing agency shall ensure that items deemed as weapons are stored in a safe location; e. Provision of human and social services, including staffing plan and outcome measures; f. Outreach with surrounding property owners and residents and ongoing good neighbor po 1 icy; 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 Iuformation System (HtVIIS). 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. 4/7/22,12:21 PM Print Preview Chapter 19.45 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. * Code reviser's note:Ord.21-009,codified in this chapter, provides that this chapter"shall be in effect as of[July 20, 20211 and shall continue in effect for a period of 365 days...unless repealed,extended or modified by the City Council ...." 19.45.010 Purpose. The purpose of Chapter 19.45 SVMC 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. (Ord. 21-009 § 2(A)(Exh.A), 2021). 19.45.020 Applicability. Chapter 19.45 SVMC 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 Chapter 19.45 SVMC 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 Chapter 19.45 SVMC 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 https://www.codepublishing.com/WA/SpokaneValley/cgi/menuCompile.pI 1/5 4/7/22,12:21 PM Print Preview single combined permit approval process using the greater notice, hearing and permit type requirements. (Ord. 21-009 § 2(A)(Exh.A), 2021). 19.45.030 Submittal requirements and standards. A.Applicants shall submit applications for emergency shelters, emergency housing,transitional housing, and permanent supportive housing. Applications shall contain all information necessary for a Type II permit and the information identified in SVMC 19.45.030(A).An application that does not contain all necessary information shall not be considered complete. 1. Identification of sponsors and/or managing agencies, including, but not limited to: a. Identification of experience providing similar services to people experiencing homelessness; b. Certifications or academic credentials in an applicable human service field and/or applicable experience in a related program with people experiencing homelessness. 2.An operations plan that addresses the following elements: a. Key staff positions and their roles and responsibilities; b. Site/facility management, including a security and emergency plan; c. Site/facility maintenance, including at a minimum a plan for regular trash patrol in the immediate vicinity of the site; d. Occupancy policies, including resident responsibilities and a code of conduct that includes, at a minimum, a plan for on-site use or sale of alcohol and illegal drugs and that prohibits threatening or unsafe behavior.The sponsor and/or managing agency shall ensure that items deemed as weapons are stored in a safe location; e. Provision of human and social services, including staffing plan and outcome measures; f. Outreach with surrounding property owners and residents and ongoing good neighbor policy; g. Procedures for maintaining accurate and complete records and how confidentiality will be maintained; and h. For those providers that operate emergency shelters or emergency housing, a coordination plan with street outreach teams and enforcement agencies to ensure that emergency beds are easily accessible by these entities.As part of such plan, the provider will https://www.codepublishing.com/WA/SpokaneValley/cgi/menuCompile.pl 2/5 4/7/22,12:21 PM Print Preview 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 eight 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 SVMC Title 24 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 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 on site. https://www.codepublishing.com/WA/SpokaneValley/cgi/menuCompile.pl 3/5 4/7/22,12:21 PM Print Preview 6. Emergency shelters, emergency housing, transitional housing, and permanent supportive housing shall comply with SVMC Title 22 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. (Ord. 21-009 § 2(A)(Exh.A), 2021). 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 on-site staff so that they may directly enroll, assess and place all referrals offered under coordinated entry in HMIS. (Ord. 21-009 § 2(A)(Exh.A), 2021). https://www.codepublishing.com/WA/SpokaneValley/cgi/menuCompile.pl 4/5 4/7/22,12:21 PM Print Preview 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. (Ord. 21-009 § 2(A)(Exh.A), 2021). 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 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 in order 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. (Ord. 21-009 § 2(A)(Exh.A), 2021). https://www.codepublishing.com/WA/SpokaneValley/cgi/menuCompile.pl 5/5