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2022-05-12 Agenda Packet Spokane Valley' Agenda Spokane Valley Planning Commission Regular Meeting Tuesday,May 12,2022 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 planninu spokanevalley.ora 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 planning@spokanevalley.ora 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://spokanevalley.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: April 14, 2022 &April 28, 2022 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: On any subject which is not on the agenda. 9. COMMISSION BUSINESS: a. Public Hearing: CTA-2022-0001 —Community Services Regulations 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall April 14,2022 I. Planning Commission Vice-Chairman Sherri Robinson called the meeting to order at 6:00 p.m. The meeting was held in person. II. III. 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 Lori Barlow, Senior Planner Bob McKinley, absent Eric Robison, Homeless&Housing Coordinator Nancy Miller Sherri Robinson There was consensus from the Planning Commission to excuse Chairman McKinley from the meeting. IV. AGENDA: Commissioner Beaulac moved to approve the April 14, 2022 agenda as presented There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. V. MINUTES: Commissioner Delucchi moved to approve the March 24, 2022 minutes as submitted. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Commissioner Robinson stated that she went to the new library ground-breaking ceremony and is very excited to see that project finally moving forward. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that long-time Planner Karen Kendall has left the City. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Study Session: CTA-2022-0001 —Community Services Interim Regulations Governing Transitional & Emergency Housing 04-14-2022 Planning Commission Minutes Page 2 of 4 Senior Planner Lori Barlow stated that staff is going to bring proposed permanent regulations governing transitional and emergency housing at the next Planning Commission meeting. The current presentation is to outline the interim regulations that are already in place based on House Bill (HB) 1220 that was passed by State Legislation in 2021. HB1220 requires that Washington cities plan for affordable housing in their next Comprehensive Plan update. It also states that the City cannot prohibit transitional housing and permanent supportive housing in any zones where residential dwellings or hotels are allowed and cannot prohibit emergency housing and emergency shelters in any zone where hotels are allowed. HB1220 does allow cities to adopt reasonable occupancy, intensity of use, and spacing standards to promote public health and safety but cities must allow enough transitional or emergency housing to meet current and projected needs. Ms. Barlow explained that the City regulations prior to July 20, 2021 allowed transitional housing only in the Multi-Family (MFR)zone through a conditional use permit process. This regulation is in direct conflict with HB 1220. Therefore,the City adopted Ordinance 21- 009 regarding interim regulations that were to remain in effect for one year until permanent regulations are adopted. Ms. Barlow stated that the interim regulations established Chapter 19.45 "Community Services As Interim Regulations." It outlined definitions for the four types of required housing: Emergency Housing, Emergency Shelter, Permanent Supportive Housing and Transitional Housing. It also updated the "Permitted Use Matrix" in the code to provide for uses in zones required by HB1220. Ms. Barlow explained that based on the interim regulations, any application received for one of the four housing types would require a Type II permit that would be administratively approved with conditions based on specific criteria. The criteria includes that there will be no kids unless the facility is specifically licensed for children, or the child is with their parent/guardian and the facility must comply with record keeping in the Community Management Information System (CMIS) and Coordinated Entry. The contents of the application must include the qualifications of operators and a detailed operations plan that outlines information regarding staff, security, code of conduct, outreach with neighbors, record keeping, coordination plan with street outreach teams regarding bed availability, onsite supervision, and inside functions. The regulations also limit that occupancy to twenty individuals in the non-residential zones and eight per dwelling unit in the residential zones. There are also requirements stating that there is a minimum of one mile spacing between facilities and the City can implement conditions to minimize nuisance impacts and adverse operations characteristics. Ms. Barlow mentioned that the City adopted a Housing Action Plan (HAP) in 2021 and it identified a need for 6,660 new dwelling units needed by 2037. It also identified that of those new dwelling units, 2,900 units are needed for households under 100% of the Area Median Income (AMI). The HAP was designed to implement strategies to increase housing supply for all income segments. The City also adopted a Comprehensive Plan Amendment (CPA-2021-0004)that formalized the City's commitment to a regional approach in reducing homelessness and provided guidance on zoning regulations for homeless services. Ms. Barlow said the proposed permanent regulations will be presented to the Planning Commission for review and recommendation at the next meeting. Commissioner Miller asked what the current and projected demands are for this type of housing. Homeless and Housing Coordinator Eric Robison answered that there are currently 100-120 unsheltered people in the City at any given time. Also, based on numbers received 04-14-2022 Planning Commission Minutes Page 3 of 4 from the school districts in the area that one in every thirty-seven students are without a permanent home. Currently,the City helps fund homeless services throughout the County but does not have any services directly located in Spokane Valley. Commissioner Miller asked the percentage of people who would use the services if they were provided. Mr. Robison answered that there are no clear percentages of people who would use the services but there is a need for immediate services such as detoxification centers, transitional services such as clean and sober housing, and long-term solutions such as affordable housing options. Commissioner Beaulac asked about the notification process to adjacent property owners. Ms. Barlow answered that based on the current interim regulations,the City is required to notify property owners immediately adjacent to the proposed site. Commissioner Beaulac asked if the notification is sent to the property owner or the tenants of a multi-family location. Ms. Barlow answered that the regulations state the notice be sent to the property owner. Mr. Beaulac mentioned that the tenants should be aware of the proposals when they are received. Planning Manager Chaz Bates commented that there is a proposed outreach program that will be outlined in the permanent regulations that will be discussed at the next meeting. Commissioner Granrath asked how many of the different types of housing exist in the City limits currently. Mr. Robison answered that the City does not have any emergency shelters, emergency housing, or permanent supportive housing. There are a few transitional housing locations. Commissioner Granrath asked who will be overseeing the facilities for on-going compliance with the City issued criteria. Ms. Barlow answered that the facilities will be granted a"Type 2"permit which has a set of rules that must be followed. If the facilities are not following the outlined compliance rules, residents can file a complaint and the City will go through the process to bring the facility back into compliance. Commissioner Delucchi mentioned that these types of facilities must apply for a state license through the Department of Health and Social Services, and they will have to comply with regulations for those licenses as well. Ms. Barlow commented that if these entities are receiving public funds,there would be reporting requirements for those monies received. Commissioner Haneke commented that he would feel better about the issuance of these types of permits if they are monitored by additional authorities for compliance so it is known that they maintaining all of the conditions of approval in the future. City Attorney Cary Driskell responded that the City does not actively monitor all issued permits for compliance because the City just doesn't have enough staff to facilitate that type of project. However, when a complaint is received, the City will work with the facility to address the reported items and confirm that all other criteria is being met. Commissioner Haneke commented that he would like to make sure that there is some sort of reporting being done by each facility that the City can monitor. Commission Robinson commented that if the facility is receiving public funds, they will have to be tracked, regulated and licensed. She feels that the City only has the authority to monitor code items such as structural, correct use, and responding to neighbors as requested. Commissioner Delucchi asked if the Housing Needs Assessment/HAP is going to be updated. Mr. Bates answered that an update will be done and adopted during the periodic update in 2026. 04-14-2022 Planning Commission Minutes Page 4 of 4 Commissioner Beaulac asked if the City will know how many beds are available at any given time. Mr. Robison answered that one of the conditions of approval is reporting into the CMIS database. That program would provide information regarding bed availability. Commissioner Robinson asked if the database provides information on what types of beds are available (female, male, kids allowed, etc.). Mr. Robison answered that the database only includes shelters that are"low barrier," and they report by location which should give detail on what types of recipients they can house. Commissioner Granrath asked if the City has received any applications for the housing types outlined. Ms. Barlow answered that they City has not formally received any applications but there have been a few conversations with some entities that are interested in serving Spokane Valley. Commissioner Miller asked for regulation detail on the one mile spacing. Mr. Robison answered that the current regulations state one housing shelter type per mile. X. GOOD OF THE ORDER: Commissioner Robinson commented that she attends a local church and they have been significantly affected by the homelessness problem. The church has had to take steps to protect their property including changing their landscaping, posting "no trespassing/no camping" signs, and putting in security measures. She is happy that the City is taking steps to address the problem. She also mentioned that there was a fire at a local housing complex which caused several families to be displaced from their homes and there wasn't anything available in Spokane Valley to accommodate the people affected. XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:34 p.m. The vote on the motion was six in favor, zero against, and the motion passed. Bob McKinley, Chair Date Signed Marianne Lemons, Secretary Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall April 28,2022 I. Planning Commission Chairman Bob McKinley called the meeting to order at 6:00 p.m. The meeting was held in person. II. Administrative Assistant Deanna Horton took attendance, and the following members and staff were present: Fred Beaulac Cary Driskell, City Attorney Susan Delucchi Chaz Bates, Planning Manager Karl Granrath Deanna Horton,Administrative Assistant Walt Haneke Lori Barlow, Senior Planner Bob McKinley Eric Robison, Homeless&Housing Coordinator Nancy Miller Sherri Robinson III. AGENDA: Commissioner Haneke moved to approve the April 28, 2022 agenda as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. IV. MINUTES: Commissioner Beaulac moved to approve the April 14, 2022 minutes as submitted Commissioner Robinson stated that she would like the minutes to be resubmitted at the next meeting due to content error. She would like to wait until the next meeting when Planning Commission Secretary Marianne Lemons is available to address the errors. The vote on the motion was zero in favor, and seven against and the motion did not pass. The minutes will return for approval at the next meeting. V. COMMISSION REPORTS: Commissioner Robinson reported that she recently assisted at a fundraiser for NAOMI Community. VI. ADMINISTRATIVE REPORT: Senior Planner Bates stated that after conversations with City Administrative Staff and a review of the Planning Commission Code Of Conduct procedures, it has been determined that Planning Commissioners are not allowed to participate in meetings via ZOOM. It is required that Planning Commissioners appear in person now that the meetings have moved back to Council Chambers. Mr. Bates requested that Planning Commissioners let staff know ahead of time if they are unable to attend a meeting. VII. PUBLIC COMMENT: There was no public comment. VIII. COMMISSION BUSINESS: 04-28-2022 Planning Commission Minutes Page 2 of 5 a. Study Session: CTA-2022-0001 —Community Services Regulations Senior Planner Lori Barlow presented proposed permanent regulations governing transitional and emergency housing. She explained that the regulations were prompted by the adoption of House Bill (HB) 1220 that was passed by State Legislation in 2021. HB1220 requires that Washington cities plan for affordable housing in their next Comprehensive Plan update. It also states that the City cannot prohibit transitional housing and permanent supportive housing in any zones where residential dwellings or hotels are allowed and cannot prohibit emergency housing and emergency shelters in any zone where hotels are allowed. HB1220 does allow cities to adopt reasonable occupancy, intensity of use, and spacing standards to promote public health and safety but cities must allow enough transitional or emergency housing to meet current and projected needs. Ms. Barlow explained that the City regulations prior to July 20, 2021 allowed transitional housing only in the Multi-Family (MFR)zone through a conditional use permit process. This regulation is in direct conflict with HB1220. Therefore,the City adopted Ordinance 21- 009 regarding interim regulations that were to remain in effect for one year until permanent regulations are adopted. Ms. Barlow stated that staff was presenting draft permanent regulations that would replace the previous interim regulations (that will be entirely removed from the code upon expiration). The draft regulations will establish Chapter 19.45 "Community Services." It will establish definitions for the following: Emergency Housing, Emergency Shelter, Permanent Supportive Housing, Transitional Housing and Transitional Parking. It will also add uses to the Permit Type and Land Use Application Table, it will modify the"Permitted Use Matrix" in the code to provide for uses in zones required by HB1220, and it will identify uses that are subject to Spokane Valley Municipal Code (SVMC) supplemental use regulations. She mentioned that"Transitional Parking" was not included in the interim regulations. Ms. Barlow explained the definitions as outlined in the draft code and gave detail on the definitions that were modified and/or deleted from the interim regulations. She also explained the changes to Table 17.80-1 regarding Permit Procedures and the Permitted Use Matrix. She explained that the newly added items are all "Type 2"permits which are approved administratively by staff Staff can approve, approve with conditions, or deny the applications based on the application meeting the outlined criteria of the code. The permit procedure also outlines the notification process. A "Type 2"permit requires a notice of application with a comment period and a notice of decision must be issued by the City. Ms. Barlow outlined detail regarding the application requirements and standards. When an application is received it must include the following: identification of sponsors/agencies and their experience, an operations plan, an access to services map, an interior space plan, and a parking plan. The operations plan must detail staff contacts, a site management plan, a site maintenance plan, occupancy policies and code of conduct, an outreach plan, record keeping and confidentiality, and a coordination plan with street outreach teams to ensure space availability. If the facility is proposing a transitional parking program, they would also have to provide a site plan showing where parking will occur, a restroom and handwashing stations, and details regarding overnight/day use. Ms. Barlow explained the standards and requirements that each application will have to meet. The facility must meet all local development,zoning and building codes, occupancy is limited to twenty adults in the non-residential zones and ten adults per dwelling unit in the residential zones,the facility must comply with Spokane County Health requirements,the 04-28-2022 Planning Commission Minutes Page 3 of 5 facility must have adequate trash receptables,the parking must be approved by the City,there must be onsite supervision, children are not allowed without a parent/guardian, and 24-hour points of contact are required. There are also requirements stating that there is a minimum of one mile spacing between facilities. The transitional parking program requirements include onsite access to restroom and handwashing stations, parking for organizations must be maintained and recreational vehicles are prohibited. Ms. Barlow stated that the public hearing for the proposed permanent regulations will be held at the next Planning Commission meeting for review and recommendation. Commission Delucchi asked if there is a definition for recreational vehicle (RV) and asked why living in an RV is prohibited. Ms. Barlow answered that there is a definition for recreational vehicle in the code. Homeless and Housing Coordinator Eric Robison answered that prohibiting recreational vehicles was determined by reviewing other communities parking projects. In those communities it was found that it was very hard to keep track of the individuals living in RV's and enforcing safety protocols. It was also found that the people living in RV's are less interested in moving into permanent housing than those living in vehicles. The proposed transitional parking intent is to allow a temporary housing solution and an RV could be used for long-term housing. Commissioner Delucchi asked about exterior lighting being excluded from transitional parking. Ms. Barlow answered that it was removed from the code because the lighting requirement was more geared towards planned encampments, but she stated that requirements for lighting could be added if the Planning Commission wanted. Commissioner Haneke asked if it would be possible to allow RV's but limit the time that they are allowed to park. Mr. Robison answered that time limits were discussed but there are situations where a person could be waiting for a significant amount of time to get into permanent housing and that could cause problems in these transitional parking areas. Mr. Haneke expressed that if people are allowed to live in their vehicles while waiting for a permanent home, an RV isn't much different. Commissioner Miller asked how the transitional parking would be monitored. Ms. Barlow answered that the parking areas would have to comply with all the rules and requirements just like the other housing solution types. Commissioner Beaulac asked about putting the housing types in the"industrial"zones. He expressed concern that these facilities would not be a good fit in these areas. Ms. Barlow answered that according to HB1220,these types of facilities must be allowed in any zone where hotels are allowed and hotels are allowed by the code in the industrial zone. Commissioner Beaulac asked if these facilities will be required to report using the Community Management Information System (CMIS) and Coordinated Entry Program. Ms. Barlow responded that the new regulations state that all entities must report regardless of whether they are private or publicly funded. Commissioner Delucchi asked about semi-trucks being allowed in transitional parking. Ms. Barlow answered that semi-trucks were not specifically considered but the regulations have a limit of 20 adults in non-residential zones and 10 adults in residential zones. Staff feels that the monitors of these sites will probably restrict semi-trucks to allow for the maximum adults to park in the space. Commissioner Miller asked about the one mile spacing of facilities. Ms. Barlow clarified that only type of facility can be built within a mile of another. According to the proposed 04-28-2022 Planning Commission Minutes Page 4 of 5 language, the different housing types cannot be combined into one facility. Each type of housing must be at least one mile apart. Commissioner Miller expressed that she would like something in the code regarding overbuilding of these types of facilities. She stated that she doesn't think a new one should be allowed if the current ones aren't running close to capacity. Mr. Robison responded that these facilities are expensive to build and typically if two facilities are being built in a similar location,they are generally serving a different population or providing different services. Commissioner Haneke answered about the notification process to the adjacent property owners. Ms. Barlow answered that according to Type 2 permitting regulations, a notice of application and a notice of decision is sent to the adjacent property owners. Commissioner Haneke asked if the notification is just adjacent properties or all properties within 400 feet of the proposed location. Ms. Barlow answered that the notice is only sent to the immediately adjacent properties. Commissioner Haneke expressed that he would like to see additional notices sent to residents. Commissioner Granrath asked about the determination of"experience"that is specified as a requirement. Mr. Robison answered that running a shelter is very difficult and the City wants to make sure that the applicant or their designees have some sort of knowledge and experience in this area. Commissioner Granrath asked if the City will impose conditions regarding fencing, landscaping, etc. to help mitigate the impact on surrounding areas. Ms. Barlow answered that the proposed language in 19.45.060 regarding"Waivers and Decisions" states that the City can impose conditions to minimize nuisance-generating features and mitigate potentially adverse operational characteristics. It also states that if adequate mitigation is not possible, the City can deny the application. Commissioner Robinson asked if there is a plan to get information out to the public regarding this new regulation. Ms. Barlow answered that the City is following the procedural process of publishing the public hearing notice, notifying stakeholders/agencies/providers and holding the public meetings. Mr. Robison responded that there has been some communication with the community about the City's plan for addressing homelessness and he hopes to increase that communication in the future. Commissioner Robinson commented that she would like to see more notification to the public of the decisions being contemplated or made to get more community "buy in". A brief recess was called at 7:25 p.m. The meeting was called back to order at 7:35 p.m. Commissioner Delucchi asked if the City has an issue with RV's being parked on the street. Mr. Robison answered that RV's being parked on the street and people living in RV's is a challenge for the City and Law Enforcement. City Attorney Driskell responded that the code does have restrictions in the code regarding camping in the right-of-way and the City Council will be reviewing stricter guidelines regarding parking on the street and junk vehicles for possible adoption. Ms. Delucchi commented that she would like to see the City reconsider prohibiting RV's. Commissioner Haneke asked if the Planning Commission could give suggested changes to staff to make to the proposed language to be brought back to the next meeting. Ms. Barlow answered that the public hearing has already been advertised and any changes to the proposed draft language will have to be made via motion during the public hearing. A public hearing will be held on this matter at the May 12, 2022 meeting. 04-28-2022 Planning Commission Minutes Page 5 of 5 IX. GOOD OF THE ORDER: Commissioner Beaulac asked if it would be possible to send a recommendation to the City Council to change the official paper of record from the Spokane Valley Herald to the Spokesman Review. City Attorney Driskell answered that staff would discuss the matter and figure out the best way to get the information to the City Council. Chairman McKinley stated that he will not be able to attend the May 12, 2022 Planning Commission meeting. X. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 8:10 p.m. The vote on the motion was seven in favor, one against, and the motion passed. Bob McKinley, Chair Date Signed Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: May 12, 2022 Item: Check all that apply n old business ® new business ® public hearing n information ❑ study session ❑ pending legislation AGENDA ITEM TITLE: CTA-2022-0001 Community Services Regulations—Public Hearing GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040. PREVIOUS COMMISSION ACTION: Study Sessions were conducted on April 14 and April 28,2022 BACKGROUND: In 2021,the Washington State Legislature adopted Engrossed Second Substitute House Bill 1220 (HB 1220). HB 1220 preempts the City from prohibiting transitional housing and permanent supportive housing in any residential zones or zones where hotels are permitted and preempts the City from prohibiting emergency housing and emergency shelters in zones where hotels are permitted.HB 1220 does allow the City to adopt reasonable occupancy, spacing,and intensity limits on such housing and shelters. Initially, HB 1220 became effective on July 25, 2021 and fully effective on September 30, 2021. At that time the City had no provisions addressing occupancy,spacing,and intensity limits on emergency shelters, emergency housing, transitional housing, and permeant supportive housing. Due to the preemption established in HB 1220 emergency shelters and emergency housing would have been allowed in nearly all non-residential zones and transitional housing and permanent supportive housing would have been allowed in all zones without limits or standards. Due to the potential for significant impacts of such uses, the City adopted Ordinance No. 21-009 as an emergency measure to establish interim regulations that provide reasonable occupancy, spacing, and intensity limits while the City developed permanent regulations regarding such housing and shelters. The interim amendments will expire on July 19,2022 unless further action is taken. CTA-2022-0001 is a city-initiated code text amendment to adopt permanent regulations to address transitional housing, permanent supportive housing, emergency housing, emergency shelters and transitional parking.The proposed regulations formalize the zones where such uses are allowed pursuant to HB 1220, identify permit processing procedures to include application contents, reasonable occupancy, spacing, and intensity limits, approval criteria,and associated definitions. The proposed regulations are similar to the interim regulations with some exceptions. The proposed regulations include clarifications to accommodate families, adding transitional parking regulations, clarification and expansion of required application materials, and other housekeeping items to maintain consistency with other portions of the SVMC. On April 28, 2022, the Planning Commission conducted a study session on the proposed amendments. Tonight's meeting will include a public hearing on the proposed amendments to the SVMC RECOMMENDED ACTION OR MOTION: Conduct the public hearing and deliberate on the proposed amendment. The Planning Commission may recommend approval,approval with modifications, or denial of the proposed draft regulations. The Commission will adopt findings and recommendation on the amendment to City Council on May 26, 2022. STAFF CONTACT: Lori Barlow, Senior Planner and Eric Robison, Housing and Homeless Coordinator ATTACHMENTS: 1. Presentation 2. Staff Report and Draft CTA-2022-0001 3. Interim and Proposed Regulations Comparison RPCA Public Hearing for Code Text Amendment CTA-2022-0001 Page 1 of 1 CTA-2022-0001 Community Services Regulations Public Hearing - May 12, 2022 Lori Barlow, Senior Planner and Eric Robison, Housing and Homeless Coordinator Spokane jValley� T® n fight's Ag end_ __s __ _ H Process Overview Public Hearing Next steps • 5/5/2022 PC Public Hearing-CTA-2022-0001 2 Process Overview — CTA-2022-0001 __, _=__ _ _ ____ _ __ _, Draft Regula provided with A •..:*r ,� ' ‘ for comm`� _ •\O .�� .` ik O �, �� . � Study Administrative , ,�' `�n ,`� Session Report ik ^� `�� O^ V • April 28,2022 =` � V • V �'�Q' b;Lti J► ,�titi (r Public J'� 15t Ordinance ey. �Q t)( �o Hearing LO QIC `'5) O 5\'�� �� A Reading \ 6 0 Q\� Finding & 2nd Ordinance Recommendation Reading i ,,., i publi' ,,;,. Ti ! -,i_ould V V V , ,,,'with ,,,,,xoA ,)0'. t.Ieny 5/5/2022 PC Public Hearing-CTA-2022-0001 3 . _ _ _. _ Background ________ _____ HB 1220 Adopted by State Legislature in 2021 Preemption — Cannot prohibit transitional housing and permanent °=° '.:`�<r;:�t BILL Local Government Committee ANALYSIS supportive housing in any zones where residential 1113122t► Briefl ew—rint.:Sum...tins rnergcrey•lrcltcr. dwellings and hotels are allowed rcgadeth,n, anti l:at nngthr ough local planning and Sputter.:Rmrc.enrali,es Pmmo..\lee eman,Ryu. Lorick.Santo.Oniaelf.Simnxm..Berg'Hackney, Lrkanoha iigerian,n.aloha.Da.i.. — Cannot prohibit emergency housing and emergency Hackney,Chopp, and Frame. ....Sum •Updats the dousing goals of the Growth 5(ana of gement Am to inc shelters in any zone where hotels are allowed i planning for and atummoda R ung alli:Nablc lxn,ng; include iIuN'irm jurivli+txma u:oJ.ln>.nw.lrn m.•bonging n the hoaxing elrmmt ortheecnmprehen netbal, I j •Itquine jurisdictions to address racially disparate impels end Allows Cityto adopt occu anc - „fO1----1Irn 41n clement of the`np^h'n.i,eplan. H p p Y9 I/raring Ilatr:1'27,21 __ _ __ intensity of use, and spacing standards to �adp.hdtra�,hkOom(786 1da4). Ilarkgrunadt promote public health and safety beG,.,xdh,danag..mmt,,edlGkd.,ltr the sta,eyeYnt andmrpanning�m u:,rk he edits anal Mann ic4.71tc GS prehrn e.•I ..Iniut..meth;cid., hinglMA...t A.land use dd.ignamn mud ow ins t(rth.•.o a ll Washington erantitio and cilia;and a signiliimn m•nmlprwmtion choice nnre2 all monde. and within dui are obligated by tlyaWrr 1'ucnterning planning ryuirmnmts of the MIA. I"'pnlaiwn.ba.Vrmrrum Effective July 25 2021 ' Tba•rr� L _ lieriont that fully plan umdn the GN/A to adopt intenally.yn.isden: Li City Council adopted Ordinance 21-009 on July • 20, 2021 — Emergency Interim regulations 5/5/2022 PC Public Hearing-CTA-2022-0001 Draft Regulations - Overview ri Replaces Interim Regulations(City Council will repeal Ord. No. 21-009) Draft Regulations Created Chapter 19.45 Community Services (replaces interim) Adds uses to Permit Type and Land Use Application Table (Type II) -- Modifies permitted use matrix for uses in zones required by HB 1220 - - Identifies uses are subject to 19.65 SVMC Supplemental Use Regulations Definitions Emergency Housing Emergency Shelter Permanent Supportive Housing Transitional Housing Transitional Parking 5/5/2022 PC Public Hearing-CTA-2022-0001 5 Definitions Appendix A (summarized ■ Definitions added : En Definitions modified: — *Emergency housing - Dwelling, congregate *Emergency shelter Group Living, Use — *Permanent supportive Category housing -•- Lodging, Use Category — Transitional housing ■ Definitions Deleted Transitional parking — Supportive Housing program — Transitional Housing *Definitions established in HB 1220 5/5/2022 PC Public Hearing-CTA-2022-0001 6 SVMC 17.80 .030 - Permit Procedures Table 17.80-1 - Permit Type and Land Use Application Type Land Use and Development Application SVMC Cross-Reference Alterations — preliminary and final SHP, BSP's 20.60 Binding site plan — preliminary and final 20.50 Emergency shelter i: ,:d Ernero--�-� F Minor alterations — preliminary subdivisions 20.50 Permanent su a ortiv€ ri ousinf, 19.4. Type II SEPA threshold determination.... 21.20.060 Short subdivision — preliminary and final 20.30, 20.40 i"ransitional housing 19.45 Transitional parking program_ 19.zF Vacation — short subdivisions and binding site plans where there 20.70 is no vacation of an area designated or dedicated for public use Wireless communication facilities 22.120 5/5/2022 PC Public Hearing-CTA-2022-0001 Chapter 19.60 SVMC - Permitted Use Matrix __:._______A Permitted Use Matrix Parks and Open Residential Mixed Use Commercial Industrial Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Community Services Community hall,club,or lodge P P P P P P P P Church,temple, mosque, synagogue P P P P P P P P P and house of worship Crematory p P P P Emergency housing L) S Emergency shelter S S S S Funeral home P P Permanent supportive housing S S S Transitional housing S C S S S Transitional Parking S S S 5/5/2022 PC Public Hearing-CTA-2022-0001 Cha • ter 19.65 SVMC - Su . . IementaI Use Regs. 19.65.035 Community . 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. 5/5/2022 PC Public Hearing-CTA-2022-0001 9 Chapter 19 .45 - CormmunitY Services Similar to interim regulations except Transitional LI Purpose p Parking is added and Application Requirements and Applicability - applies to all 5 uses Standards were modified for clarity Li Permit Type Type II permit - administratively approved and notice required Application Requirements and Standards Ei Data Entry into regional homeless management information system Requires all providers to collect data from persons for HMIS Waivers and Decisions Allows the City to approve, approve with conditions and deny permits Conditions to address nuisance and adverse operational impacts may be imposed 5/5/2022 PC Public Hearing-CTA-2022-0001 SVMC 19 .45.030A. Application Contents P ID of sponsors/agencies and Operations Plan to include: experience Staff Contacts • Operations Plan Site Management Plan Security, emergencies, loitering and LI Transit, Pedestrian and bicycle trespassing access map to services and schools Site Maintenance Plan Waste management site Cl Interior Space Plan - all functions Occupancy Policies and Code of conduct located inside building or facility Outreach Plan • Parking Plan Record keeping and confidentiality ;Transitional Parking Coordination plan with street outreach Site plan, restroom and handwashing teams to ensure space availability stations, overnight/day use 5/5/2022 PC Public Hearing-CTA-2022-0001 Li SVMC 19.45.030. B Standards and Requirements All Community Services Transitional Parking Meet development, zoning and building codes additional requirements: Have occupancy limits On-site access to restroom 1 o In nonresidential zones up to 20 adults and handwashing stations o In residential zones up to 8 adults Required parking for Be separated by a minimum of 1 mile organizations must be Comply with County health requirements maintained Have trash service Recreational Vehicles are Have parking plan approved by City prohibited. Have onsite supervision No children w/out guardian Have a 24-hour contact 5/5/2022 PC Public Hearing-CTA-2022-0001 y"v, ,--1... 1%. . .„ il-.., pa - : m dtir p u ,.... -........ wok • PUBLIC. *pm, imOWIE— H j' i 4 3 i jil' L' H , : , . -- --- , . . . . .. ,, ,. , .,. V' 5/5/2022 PC Public Hearing-CTA-2022-0001 13 Next Review Steps — CTA-2022-0001 •c%�'��• ��• ���4‘ Study � .• Session Administrative titi April 28,2022 •N Report ,`� ti- p• ,tio � Q, �:� QJ► ,titi Public •J� 1st Ordinance O ��6 ��` �o Hearing c0 QP \5� 00 55�e, May 12,2022 Reading 0- Finding & 2nd Ordinance Recommendation Reading May 26, 2022 5/5/2022 PC Public Hearing-CTA-2022-0001 14 COMMUNITY AND PUBLIC WORKS BUILDING&PLANNING SCITY of 0 ne STAFF REPORT AND RECOMMENDATION TO THE Valley PLANNING COMMISSION CTA-2022-0001 STAFF REPORT DATE: May 2,2022 HEARING DATE AND LOCATION: May 12,2022 beginning at 6:00 p.m.; This hearing will be conducted in person and remotely using web and telephone conference tools. A link to the Zoom meeting will be provided on the agenda and posted to the City's webpage:www.spokanevalley.org/planningcommission. Proposal Description: A city-initiated code text amendment (CTA) to establish regulations to address emergency housing, transitional housing, permanent supportive housing, and transitional parking with reasonable occupancy, spacing, and intensity of use standards, identify the zones where such uses are allowed, and other matters related. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150,and 19.30.040. SUMMARY OF CONCLUSIONS: Staff concludes that CTA-2022-0001 is consistent with the minimum criteria for review and approval,and consistent with the goals and policies of the Comprehensive Plan. STAFF CONTACT: Lori Barlow, AICP, Senior Planner, and Eric Robison, Homeless and Housing Coordinator REVIEWED BY: Chaz Bates, Planning Manager ATTACHMENTS: Exhibit 1: Proposed Amendment APPLICATION PROCESSING: Chapter 17.80 SVMC,Permit Processing Procedures. The following table summarizes the procedural steps for the proposal. Procedural Action Date SEPA—DNS Issued April 22,2022 Published Notice of Public Hearing: April 22 and 28,2022 Department of Commerce 60-day Notice of Intent to April 24,2022 Adopt Amendment Background: In 2021, the Washington State Legislature adopted Engrossed Second Substitute House Bill 1220 (HB 1220) regarding affordable housing and homelessness. HB 1220 preempts the City from prohibiting transitional housing and permanent supportive housing in any residential zones or zones where hotels are permitted and preempts the City from prohibiting emergency housing and emergency shelters in zones where hotels are permitted.HB 1220 does allow cities to adopt reasonable occupancy,spacing,and intensity limits on such housing and shelters. HB 1220 provides definitions for permanent supportive housing, emergency housing,and emergency shelters,but does not define"transitional housing."The provisions of Staff Report and Recommendation CTA-2022-00 0 1 HB 1220 affecting transitional housings and permanent supportive housing became effective on July 25, 2021, and the provisions affecting emergency housing and emergency shelters became effective on September 30,2021. .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 be allowed in nearly all City zones with no limits other than generally applicable building code requirements, and similarly all emergency shelters and emergency housing would be allowed in the RC Regional Commercial(RC),MU Mixed Use (MU), CMU Corridor Mixed Use(CMU), IMU Industrial Mixed Use(IMU), and I Industrial (I)zones without any limits other than generally applicable building code requirements. At that time, the City only regulated "transitional housing" and allowed it in the multifamily residential zone through a conditional use permit The City recognized the potential for significant impacts from such land uses to adjacent properties and the community since the City did not have any occupancy,spacing, or intensity regulations for such uses except as noted.As a result the City adopted Ordinance#21-009 on July 20, 2021 which established temporary interim regulations to provide for reasonable occupancy, spacing, and intensity limits on such uses until the City developed permanent regulations regarding such housing and shelters. The interim regulations will expire on July 19,2022,unless other action is taken. The City has initiated this code text amendment to provide reasonable occupancy, spacing, and intensity limits on transitional,permanent supportive,and emergency housing,and emergency shelters.The City has also introduced regulations to manage Transitional Parking programs in non-residential zones. The CTA formalizes the zones where such uses are required to be allowed pursuant to HB 1220 and provides definitions for each of the uses. The proposed regulations limit these housing types to serving 10 adults in residential zones, and 20 adults in the RC, CMU, MU, IMU and I zones. A one-mile buffer is required between all such uses. The regulations require compliance with the building codes, and additional requirements related to homelessness services, such as requiring a code of conduct and information submittal to the Homelessness Management Information System. As required by HB 1220, the City must allow a sufficient number of facilities to provide for current and projected needs. Staff currently estimates that there are approximately 100-120 unsheltered individuals living in Spokane Valley in any given month.This estimate is based upon street outreach and direct contacts made by the Spokane Valley Homeless and Housing Coordinator, SNAP outreach teams,and the Spokane Valley Police Department and the recent Point-in-Time CountThe City does need to provide regulations that allow transitional,permanent supportive,and emergency housing and emergency shelters.Through the draft regulations, the City will allow providers to establish such facilities to address the current and projected needs,while still addressing impacts from such facilities. ANALYSIS: On July 19,2022 the interim regulations will expire.At that time Title 19 SVMC Zoning will allow transitional housing in the Multifamily Residential zone through a conditional use permit.Emergency shelters,emergency housing,will be allowed in the RC, CMU,MU,IMU and I zones,and the transitional housing and permanent supportive housing will be allowed in nearly all zones without any limits other than generally applicable building code requirements. The proposed amendment: 1. The proposed regulations identify the zones allowed and provide for reasonable occupancy, spacing,and intensity limits on emergency shelters,emergency housing,transitional housing, and permanent supportive housing consistent with HB 1220. In the absence of regulations the city has determined that there is potential for significant impacts from such uses. For example,the zoning code does not contain a limit on how many persons Page 2 of 6 • Staff Report and Recommendation CTA-2022-0001 could be served in a transitional housing facility regardless of what zone it is located. This could result in a fifty-person transitional housing facility allowed to locate in a single family residential zone with an 8 dwelling unit per acre density. While both are residential uses,the impacts from the density,scale and size of the structure is evident and easily managed by limiting the number of persons served to be compatible with the density of the zone. The proposed code text amendment proposes to limit the number of persons to 10 adults,not including children under the age of 18,to be served at transitional housing and permanent supportive housing located in residential zones.This will ensure that the density of the development is compatible with the density of the single-family residential zones.Emergency shelters,emergency housing, transitional housing and permanent non-supportive housing in non-residential zones may serve up to 20 adults,not including children under the age of 18. This provides opportunity for a larger scale facility in a setting where higher densities are common for residential development. 2. The proposed regulations limit the population served to 20 adults in facilities located in nonresidential zones,and 10 adults in those transitional housing or permanent supportive housing facilities located in residential zones to ensure safe and manageable conditions. Concerns associated with providing effective shelter for unsheltered persons are known to be safety and site management. -A prevalent reason that unsheltered individuals and families refuse or avoid shelters is the fear of large groups and concerns over safety. -Common concerns from unsheltered persons are having possessions stolen and physical safety, exposure to health conditions, or the prevalence of drugs or alcohol. Community concerns include impacts of having large numbers of individuals aggregating,or coming and going from sites,increase in unlawful activities in the area, property damage or affects to property values.Best practices have shown that providers serving small populations are able to more effectively manage the facilities to meet the needs of the population served as well as reduce impacts to adjacent and nearby residents,property owners and/or businesses.The City's approach to limit the capacity at each site recognizes both the concerns of those persons experiencing homelessness and the community at large. 3. A one-mile buffer prevents the concentration of community services(or emergency shelters, emergency housing,transitional housing and permanent non-supportive housing)to avoid unintended impacts to property owners or businesses as well as ensures that services are provided throughout the community in areas needed. Individuals and families experiencing homelessness come from all areas of the community. It's beneficial to provide services to individuals and families throughout the community to afford them the opportunity to be close to their jobs,or close to their children's schools,etc.. Often transportation barriers separate individuals from their network of family,friends,churches, and other social support. Requiring the services and facilities to be separated by one mile ensures that the sites are distributed throughout the community,provides accessible opportunities, and avoids the concentration of the uses and potential indirect impacts to districts or neighborhoods. 4. The transitional parking regulations provide a safe place to park and connections to human and social services for people who are using their vehicles as residences. Due to a variety of reasons,that include rising rent, lack of available and affordable housing,the pandemic etc.,more individuals and families have found themselves in temporary situations that include living in their vehicles.The City has documented cases of persons who are living in their vehicles while parked in the public right-of-way or on private property. The transitional parking regulations create an opportunity for providers to offer a safe and stable place for persons to park their vehicles where they have access to services that may include food and clothing,on-site Page 3 of 6 Staff Report and Recommendation CTA-2022-0001 service providers who can link them to housing,employment, and medical services. In the absence of a safe and stable location to park,the cycle of moving from location to location continues. Transitional parking programs can connect vehicle residents with the services that can lead to emergency housing or transitional housing. 5. The regulations implement the goals and policies of the Housing Element of the Comprehensive Plan. In 2021,the City adopted an amendment to the Comprehensive Plan's goals,policies and strategies to guide the development of implementing regulations for the siting and/or provision of homeless services(CPA-2021-0004).As part of the development of the Comprehensive Plan amendment the City developed a Community Engagement Plan(CEP)designed to solicit input, gather feedback,and increase awareness of housing needs and opportunities in the City. The CEP included formal stakeholder interviews as well as a community wide survey.A total of 318 responses were received. Overall,the community was supportive of introducing services for unsheltered and unstably housed persons,conveyed strong responses on limiting the size of facilities,and agreed that community resources should be located in close proximity to public transportation. The adoption of CPA-2021-0004 formalized the City's commitment and participation in regional efforts to address homelessness and housing instability and provided policy support that enables safe,equitable,and efficient provision of services throughout the City, and provided guidance to the development of the interim and proposed regulations A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17(General Provisions)of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F)Municipal Code Text Amendment Approval Criteria The City may approve a Municipal Code Text amendment if it finds that: i. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan: Staff Analysis: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following Comprehensive 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. Page 4 of 6 Staff Report and Recommendation CTA-2022-0001 H-P10 Ensure equal access for Valley residents to publicly funded programs, transportation,job opportunities and housing. H-P12 Support the implementation of the Continuum of Care Five-Year Strategic Plan to End Homelessness. H-P15 Encourage and support new projects and programs which seek to assist in maintaining housing stability or provide exits from homelessness to housing. H-P16 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. Strategy: Develop regulations that provide for the safe, efficient, and equitable provision of supportive housing services within the City. ii. The proposed amendment bears a substantial relation to public health,safety, welfare,and protection of the environment: Staff Analysis: 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. These regulations prevent the unsafe, overconcentrated,or otherwise unhealthy siting of these uses in an attempt to respond to the challenges of homelessness in an effective and responsible manner. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC 17.80.150(F). 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): Adequate public noticing was conducted for CTA-2022-0001 pursuant to adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: The City has not received any substantive agency comments to date. b. Conclusion(s): No concerns noted. Page 5 of 6 Staff Report and Recommendation CTA-2022-000I B. CONCLUSION For the reasons set forth in Section A the proposed code text amendment to adopt regulations to address emergency housing,transitional housing, permanent supportive housing and transitional parking with reasonable occupancy, spacing, and intensity of use standards, identify the zones where such uses are allowed, and other matters related, is consistent with the requirements of SVMC 17.80.150(F)and the Comprehensive Plan. Page 6 of 6 CTA-2022-0001 Community Services—Draft Page 1/14 Chapter 19.45 COMMUNITY NITY SERVICES Sections: 19.45.010 Purpose. 19.45.020 Applicability. 19.45.025 Permit Type 19.45.0 30 Application requirements and standards. 19.45.040 Data entry into regional homeless management information system. 19.45.060 Waivers and decision. 19.45.010 Purpose. • The purpose of Chapter 19.45 SVi\IC 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 parking permits shall contain the following: 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 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. 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: CTA-2022-0001 Community Services—Draft Page 2/14 i. A description of how the proposed facility will serve the yes-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 SVMC 17.80.120.(B):(1). e. 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 parkin,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). 6. Additional materials required for transitional parking uses include: a. A site plan that indicates the facility parking. the parkin,area provided for the transitional parking: 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-l. 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.transitional housing.-permanent supportive housing and transitional parking shall be located a minimum of one mile apart measured from the nearest property line of any-use regulated by this Chapter. 3. All residents.staff.and operators shall comply with all Spokane County Health District requirements related to food preparation,service,and donations. CTA-2022-0001 Community Services—Draft Page 3/14 • 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. Off street parking shall comply with all other requirements of Title 22 SV\IC 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. I f 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. S.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 sCity. 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 SViviC 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 not 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. 19.45.060 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 SVNIC.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 SV\iC 17.80.130. CTA-2022-0001 Community Services—Draft Page 4/14 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—Permit Type 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 ci,r•cnr tinclicrun,�I nirr�__n_c inu.i _ 1-_1. Minor alterations—preliminary subdivisions 20.50 Type II 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 Shoreline variance 21.50 Short subdivision—preliminary and final 20.30,20.40 CTA-2022-0001 Community Services—Draft Page 5/14 Type Land Use and Development Application SVMC Cross-Reference 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 III 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 IV 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.( Page 6/14 CTA-2022-0001 Community Services Chapter 19.60 PERMITTED USES Sections: 19.60.010 General. 19.60.020 Use categories. 19.60.030 Uses not listed. 19.60.040 Explanation of table abbreviations. 19.60.050 Permitted uses matrix. 19.60.010 General. A.Uses allowed in each zoning district are shown in SVMC 19.60.050,Permitted uses matrix. B.Uses within shoreline jurisdiction are also subject to additional use restrictions pursuant to Chapter 21.50 SVMC, Shoreline Regulations.. 19.60.020 Use categories. Uses are assigned to the category that describes most closely the nature of the use.Uses have been classified into general use categories and subcategories.Definitions and examples are provided in Appendix A,Definitions.. 19.60.030 Uses not listed. A.If a use is not listed,the city manager or designee shall have the authority to allow uses that are similar to a use category or use listed in SVMC 19.60.050,subject to the same review procedures as the similar use. B.Accessory Uses.The city manager or designee shall have the authority to allow accessory uses when they are subordinate to,or incidental to,the primary use on the same lot and permitted within the zoning district. C.Temporary Uses.Temporary uses are permitted for a limited period of time or pending the occurrence of an event pursuant to Chapter 19.160 SVMC,Temporary Use Permits. 19.60.040 Explanation of table abbreviations. The following describe the abbreviations used in SVMC 19.60.050,Permitted uses matrix: A.Permitted uses are designated with a"P."Permitted uses are allowable uses within a zoning district. B.Conditional uses are designated with a"C."Conditional uses are authorized pursuant to Chapter 19.150 SVMC, Conditional Use Permits. C.Essential public facility(EPF)uses are designated with an"E."Essential public facility uses are of statewide, regional/countywide or local significance.EPFs shall be subject to Chapter 19.90 SVMC,Essential Public Facilities (EPFs). D.Uses subject to supplemental use regulations are designated with an"S."The supplemental regulations are set forth in Chapter 19.65 SVMC and shall apply to the corresponding supplemental uses listed in SVMC 19.60.050, Permitted uses matrix. E.Prohibited uses are designated with a blank cell. 19.60.050 Permitted uses matrix. Page 7/14 CTA-2022-0001 Community Services Parks and Residential Mixed Use Commercial Industrial Open Space R-1 R-2 R-3 R-4 NIFR MU CMU NC RC IMU I POS Agriculture and Animal Animal processing/handling P Animal raising and/or keeping S S SS S S S Animal shelter S P P Beekeeping,commercial P Beekeeping,hobby SS SS Community garden SS SS S S S S Greenhouse/nursery,commercial P P P Kennel S S S S P P Orchard,tree farming,commercial P P Riding stable P P C Communication Facilities Radio/TV broadcasting studio P P P P Repeater facility PP PP P P P P P Small cell deployment S S SS S S S S S S S S Telecommunication wireless antenna ' S S S S S S S S S S S array Telecommunication wireless support S S S S S S S S S S S tower Tower,ham operator SS S S S S S S S S S Community Services Community hall,club,or lodge P P P P P P P P Church,temple,mosque,synagogue P P P P P P P P P and house of worship Crematory P P P P hntrrecncc housin S S - IImeruencr shelter _ ` ._ - — Funeral home P P Im:lnent ,,,,,,,,111,e 111lll,lll_ — Il-r:ut,itionul hou;in_ InarkinC _ — - Day Care Day care,adult PP P P P P P P P P P Day care,child(12 children or fewer) P P P P P P P P P P P Page 8/14 CTA-2022-0001 Community Services Parks and Residential Mixed Use Commercial Industrial Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Day care,child(13 children or more) C C C C P P P P P P P Eating and Drinking Establishment P P P P P P S Education Schools,college or university P P P Schools,K through 12 PPPP P P P P P Schools,professional,vocational and P P P P P P trade schools Schools,specialized training/studios P p p p Entertainment Adult entertainment and retail S Casino P P P Cultural facilities P p P P Exercise facility S S S S Off-road recreational vehicle use p p Major event entertainment P P P Racecourse P P P P Racetrack P P Recreational facility P P P P P P Theater,indoor P P P Group Living Assisted living/convalescent/nursing P P P P home Community residential facilities(6- PPPP P P P residents or less) Community residential facilities P P p (greater than-&_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 Mining S Industrial,Light Page 9/14 CTA-2022-0001 Community Services Parks and Residential Mixed Use Commercial Industrial Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Assembly,light P P P P P Manufacturing,light P P p Processing,light P p Recycling facility S S S S Industrial service p p Lodging Bed and breakfast PP PP P p Hotel/motel P p p p S Recreational vehicle park/campground S Marijuana Uses Marijuana club or lounge Marijuana cooperative Marijuana processing S S Marijuana production S S Marijuana sales S S S Marijuana transporter 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 PP PP Golf course PPP p p p p p p Golf driving range CCCCC P C P P P Parks PP PP P P P P P P Public/Quasi-Public Community facilities PPPP P P P P P P P P Essential public facilities EEEEE E E E E E E Public utility local distribution facility S S S S S S S S P P P S Public utility transmission facility S S SS S S S S S S S S Tower,wind turbine support S S S S Residential Page 10/14 CTA-2022-0001 Community Services Parks and Residential Mixed Use Commercial Industrial Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Dwelling,accessory units SSSS 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 S S dwelling unit Dwelling,multifamily P P P Dwelling,single-family PPPP P P P P Dwelling,townhouse S S S S S Manufactured home park S S S Retail Sales and Service P P S P P S S Transportation Airstrip,private p p Battery charging stations SS SS 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 P roundhouse Transit center P P P P p Vehicle Services Automobile impound yard P P Automobile/taxi rental P P P p p Automobile parts,accessories and tires P P P P P Automobile/truck/RV/motorcycle P P p p painting,repair,body and fender works Car wash P P S P p P Farm machinery sales and repair P P P Fueling station p P S P P P Heavy truck and industrial vehicles P P sales,rental,repair and maintenance Passenger vehicle,boat,and RV sales, P P p service and repair Towing P P P P Page 11/14 CTA-2022-0001 Community Services Parks and Residential Mixed Use Commercial Industrial Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Truck stop P P Warehouse,Wholesale,and Freight Movement Auction house P P P Auction yard(excluding livestock) P p Catalog and mail order houses P P P P P Cold storage/food locker P P Freight forwarding P P Grain elevator P p Storage,general indoor P P S P P P Storage,general outdoor S S S S P P Storage,self-service facility P P P P P P Tank storage,critical material above S S ground Tank storage,critical material below S S S ground Tank storage,LPG above ground S S S S S S Warehouse P P P P P Wholesale business P P P P P Page 12/14 CTA-2022-0001 Community Services 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 19.15 SVMC,Community Services. B. Emer,encv 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. Spokane Valley Municipal Code Page 13/14 APPENDIX A DEFINITIONS APPENDIX A DEFINITIONS A.General Provisions. 1.For the purpose of this code,certain words and terms are herein defined.The word"shall"is always mandatory.The word"may"is permissive,subject to the judgment of the person administering the code. 2.Words not defined herein shall be construed as defined in Webster's New Collegiate Dictionary. 3.The present tense includes the future,and the future the present. 4.The singular number includes the plural and the plural the singular. 5.Use of male designations shall also include female. B.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: 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 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.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 program: 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. Spokane Valley Municipal Code Page 14/14 APPENDIX A DEFINITIONS 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. Emerecnc\ shelters.emeruenc\ housinu. transitional housine.and permanent sunoortiv c housine are not considered congregate dwellinus. See-Group living. use cateeorc .. 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, cmcrecnc\ shelters. emereencv housing. transitional housing and permanent supportive honsinu. 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. 1 ransiti,olial il,,u-:in_and mass siicltcr> al. included in the 'Community >cry ices. use catc,.2o1-v .. to b iesid nti..l develop t •tl tl 11 'a -t' I lli r � b'• b b b , • housing See—"Coil" ni 7 se is s, s uc �zT Comparison of Interim and Proposed Regulations Code Section Interim Proposed Comments Purpose Identify a review process,location, siting and operation Y Y Substantively the same Applicability Identifies the uses Y Y Proposed adds Transitional Parking and Provides examples for procedural processing Y eliminates unneccessary examples;TP added throughout code Submittal requirements and standards Identifies sponsors/managing agencies, experiences and credentials Y Y Provide and operations plan to include: Y Y Staff and responsibilities Y Y Expanded site management section to Site management(security and energency plan Y Y identify loitering and trespassing; Site maintenance ( including trash patrol) Y Y simplified language in occupancy Occupancy policies(code of conduct, alcohol/drugs,weapons storage) Y Y policies; expanded outreach section to Provision of human and social services Y Y identify services provided, point of Ourtreach with surrounding property owners and residents and ongoing good Y Y contact to report concerns, plan for Records Procedrues Y Y addressing concerns and notice Coordination plan with outreach teams to provide space Y Y requiredments for 400' exterior lighting plan Y ped/bike plan access to services and schools Y y adds transit to map requirements Interior space plan Y Y Parking plan Y proposed by provider based on need transitional Parking requirements: Y New section A site plan .Y address waste and restroom access Y Specify overnight parking versus daytime and overnight Y Signed agreement between organization/manager Y Design Standards and Requirements Limits population served to 20 individuals in nonresidential zones Y Y Clarifies population limits to 20 or 8 Limits population served to 8 individuals in residential zones Y Y adults not including children under 18 Allows permanent supportive housing consistent with density in nonresidential Limits PSH to 20 adults regardless of zones Y zone All uses must be located atlease one mile or more apart Y Y Eliminated - all uses must comply with Requires all uses to comply with SVMC 24 for toilets/sanitation Y SVMC 24; considered redundant shall comply with Spokane County Health District Standards Y Y Trash receptables provided Y Y Reworded to require parking be proposed to city for approval based on services provided; no standard in Title Parking requirements linked to Title 22 SVMC Y Y 22 SVMC On-site supervision provided unless approved otherwise Y Y No children allowed unless with parents or guardians Y Y Designate 24 hour points of contact/post on site Y Y Adds requirements specifc to Transitional parking requirements Y transitional parking Identify 24 hour restroom and handwashing access- portable or indoors Y Transitional parking spaces may not reduce required parking spaces Y Prohibits recreational vehicles Y data entry in regional HMIS Agencies collecting local state or federal funds provide a data collection plan Y Modified -all providers, both public and Providers not collecting public funds encouraged to provide plan Y Y private, are requried to provide data Provide training on data collection Y into regional HMIS; training eliminated Waivers and Decision City manager has authority to approve, approve with conditions or deny Y Y no substantive change