Chapter 17.42
PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING
Sections:
17.42.040 Land use requirements.
17.42.050 Operating agreement.
17.42.060 Minimum performance requirements.
17.42.070 Program rules – Code of conduct.
17.42.080 Safety and security plan.
17.42.090 Community relations plan.
17.42.100 Parking management plan.
17.42.010 Purpose and goal.
A. The purpose of these permanent supportive housing and transitional housing provisions is to support housing stability and individual safety to those experiencing homelessness and to ensure that housing is accessible to all economic segments of the population while protecting the public health and safety of both facility residents and the broader Clyde Hill community.
1. The goal of permanent supportive housing is to develop residents that retain their housing in a successful housing arrangement, improve each resident’s health status, and connect residents with community-based health care, treatment, or employment services.
2. The goal of transitional housing is to stabilize homeless persons or homeless families and to move them into permanent, independent living. (Ord. 997 § 3, 2023)
17.42.020 Applicability.
The provisions of this chapter apply to all permanent supportive housing and transitional housing facilities in the city. (Ord. 997 § 3, 2023)
17.42.030 Support services.
Permanent supportive housing should be paired with on-site or off-site services designed to achieve the goal of supporting a person living with a complex and disabling behavioral health or physical health condition and who was experiencing homelessness or was at imminent risk of homelessness prior to moving into a permanent supportive housing facility. If support services are offered, the owner or operator must offer these services to each resident. Transitional housing should be paired with on-site or off-site services designed to achieve the goal of stabilizing homeless persons or homeless families and to move them into permanent, independent living. If support services are offered, the owner or operator must offer these services to each resident. (Ord. 997 § 3, 2023)
17.42.040 Land use requirements.
A. Permanent supportive and transitional housing facilities are permitted uses in any R-1 district. These facilities are subject to the provisions of the Clyde Hill Municipal Code (CHMC), specifically including, without limitation, Chapter 17.16 CHMC and the following additional criteria:
1. No Supervised/Safer Consumption or Injection Use. Permanent supportive housing and transitional housing facilities or programs may not provide, directly or as an incidental service, a designated supervised/safer consumption site (SCS), supervised/safer injection facility (SIF), or supervised/safer injection service (SIS).
2. Facility Site Buffers and Spacing. Permanent supportive and transitional housing facilities cannot be located closer than 1,500 feet to a public or private elementary, middle, or high school, and cannot be located closer than 1,000 feet to a public park, library, or community center, with the exception that permanent supportive and transitional housing facilities may be located within one-quarter mile of the Clyde Hill/Yarrow Point SR 520 freeway station. In addition, permanent supportive and transitional housing facilities cannot be located closer than one-half mile to another permanent supportive or transitional housing facility. These buffer and spacing requirements apply whether the above-described facilities lie within or without Clyde Hill’s corporate boundaries. For the purposes of this subsection, the distance shall be measured in a straight line between the closest property line of the existing facility or the school/park/library/community center use and the closest property line of the proposed facility.
3. Total Temporary and Permanent Clyde Hill Resident Allocation. The total number of allowed transitional housing residents in Clyde Hill is six residents, who may be housed in one or more facilities within the city’s corporate boundaries. Until King County completes its permanent supportive housing unit allocation process, the total number of allowed permanent supportive housing units in Clyde Hill is two units. When King County completes its allocation process, the county’s allocation for permanent supportive housing units in Clyde Hill will control, and the number of allowed permanent supportive housing units under this subsection will automatically adjust to align with the King County allocation.
4. Reallocation. If allowed by the appropriate regulatory authorities, the city may contract with other cities or agencies to transfer Clyde Hill’s allocation of permanent supportive or transitional housing facilities to cities or agencies outside the city’s corporate boundaries.
5. Structure. A permanent supportive housing or transitional housing structure must be compatible in scale, form, and character with the residential neighborhood surrounding the facility.
6. Density. The density or maximum number of residents for permanent supportive housing and transitional housing must be limited to six residents, without regard to the number of residents that may be allowed under the occupancy standards in this title. The facility must be of sufficient square footage with appropriate household amenities to support the number of residents. No more than one family unit may reside in one bedroom. For the purposes of this chapter, “family unit” means (a) a single individual; (b) a married couple, state-registered domestic partners as defined by RCW 26.60.020, or partners in another legal union as defined by RCW 26.04.260; or (c) a parent or parents with their dependent children.
7. Parking. The facility site must provide adequate on-site, with limited on-street, parking for staff, residents, and visitors. (Ord. 997 § 3, 2023)
17.42.050 Operating agreement.
A. The permanent supportive housing or transitional housing facility owner and operator (if owner and operator are not the same entity) must, unless specifically prohibited by law, enter into an operating agreement with the city prior to commencing use or occupancy. The form of agreement and its provisions must be acceptable to the city and must include, at a minimum, the following provisions:
1. The name(s) and contact information for the owner and operator.
2. The names and contact information for all on-site staff, including telephone, text, and email.
3. Guaranteed emergency contact information for immediate response, 24/7, at the facility. The guaranteed response may not be an answering service or other recorded message, but must be from a person who can take immediate action on site in response to the city’s concern.
4. A plan for routine and emergency communications with first responders.
5. A complete, detailed description of the services to be provided on site. The provider may not provide services other than those described in the agreement.
6. A staffing plan that, at a minimum, must include:
a. The certification requirements for all persons staffing or operating the facility;
b. All training programs the owner or operator will require of temporary and full-time staff;
c. A staff-to-client ratio that establishes adequate support for residents and facility operations during all hours of each day, together with a provision that at least the agreed staff-to-client ratio will be maintained during all hours of operation;
d. Roles and responsibilities of all staff, including owner and operator.
7. The prior experience of the operator in managing permanent supportive housing and transitional housing.
8. If applicable, a description of how resident occupancy will be phased up to full proposed capacity.
9. An operational plan that must include a complete description of program eligibility, the referral and/or selection process, and how the operator will comply with the provisions of the operating agreement and of this chapter.
10. Identification of supporting agencies and a description of supportive partnerships that will be engaged in ensuring that the operator can maintain the described level of service needed to support the resident population.
11. Contractual remedies for violation of the terms and conditions established in the operating agreement. At a minimum, they must provide:
a. An agreed violation prioritization level of concern, with the highest priority requiring immediate action no matter the time of day; if there is disagreement as to which priority level applies when a violation occurs, the city’s determination will be final.
b. Specific timelines for corrective action.
c. Financial and operational penalties, potentially including summary closure in extreme instances, for violations of the operating agreement.
12. City Council Approval. The city council must approve the operating agreement for it to take effect, and as a condition of approval, may identify additional stakeholders, agencies, and community partners that should be consulted in the development of any plans or agreements required under this chapter. (Ord. 997 § 3, 2023)
17.42.060 Minimum performance requirements.
A. Unless specifically prohibited by applicable law, the owner and operator must meet the following performance requirements, which must be described in detail either in the operating agreement or as an exhibit attached to the operating agreement, and which must be specific to each facility:
1. The owner and operator must work with local service providers to identify eligible homeless individuals who are living in, near, or who have ties to the city.
2. The owner and operator must coordinate with local service providers to refer homeless community members who enter but do not reside at the facility to appropriate service providers. On-site services such as laundry, hygiene, meals, case management, and social programs must be limited to the assigned residents and cannot be made available for drop in or other use by nonresidents.
3. The facility must have an adequate number of trained, and where required, certified staff present 24 hours per day and seven days per week (24/7 staffing). The owner or operator may request a waiver from this 24/7 staffing requirement if the owner or operator can demonstrate through the required operating agreement that it has the experience, capacity, and on-site security needed to manage the facility.
4. The facility owner or manager must conduct a criminal background check on every resident before admitting that person to the permanent supportive or transitional housing facility. The facility owner or manager may not admit any resident that has committed a felony crime or has an extensive misdemeanor crime record. The owner or operator may request a waiver from this requirement for a specified individual if the owner or operator can demonstrate through the required operating agreement that it has the experience, capacity, and on-site security needed to manage these persons.
5. Anyone who is required to register as a sex offender may not be a permanent or transitional resident at any facility. The owner or operator may request a waiver from this requirement for a specified individual if it can demonstrate through the required operating agreement that it has the experience and capacity needed to manage these persons. Should the owner or operator become aware that a current or prospective resident is an unregistered sex offender, the owner or operator must immediately contact the city and the appropriate agency to register the sex offender. The owner or operator must provide notice to all prospective residents that it will report any current or prospective resident that is an unregistered sex offender.
6. The owner and operator must provide each resident case management services including:
a. Access or connection to behavioral health treatment (including substance use disorder) and services.
b. Access or connection to employment assistance (e.g., job training and education).
c. Access or connection to housing-related services to help residents gain, maintain, or increase housing stability (e.g., tenant education and supports).
7. The owner and operator must manage access to the facility to avoid attendance by nonauthorized staff, visitors, or other persons.
8. The owner and operator must allow city representatives and representatives from other agencies with jurisdiction over the facility to inspect the facility at any time 24 hours per day, seven days per week to ensure compliance with this chapter and all other applicable rules and regulations. The owner or operator will implement all directives resulting from the inspection within the time allowed by the person(s) conducting the inspection. The person(s) conducting the inspection may provide, but may not be required to provide, reasonable notice of the facility inspection.
9. The owner and operator must perform routine repair and maintenance of the facility’s building, both within and without the building, including landscaping. (Ord. 997 § 3, 2023)
17.42.070 Program rules – Code of conduct.
A. The owner and operator must, unless specifically prohibited by law, provide program rules or a code of conduct in consultation with all service providers that will apply to all residents, visitors, and staff, which must be described in detail and attached as an exhibit to the operating agreement, and must be specific to each facility:
1. The program rules or code of conduct must describe expectations of residents, visitors, and staff and set consequences for failing to comply. Consequences and corrective action must be individualized, address the specific behavior, and move residents along a behavioral path that fosters greater responsibility and achieves a positive outcome for the resident. Examples include, without limitation, a requirement that an individual attend specific counseling, participate in a specific support group, or provide more frequent check-ins with case workers or counselors.
2. The program rules or code of conduct must at a minimum prohibit the following, unless otherwise agreed in the operating agreement:
a. The use or sale of alcohol and recreational marijuana;
b. The use or sale of recreational drugs;
c. The use of illegal drugs;
d. The sale of illegal drugs;
e. Threatening or unsafe behavior; and
f. Weapon possession.
3. Program rules or code of conduct must be reviewed and approved by the Clyde Hill police department prior to final approval by the city council. (Ord. 997 § 3, 2023)
17.42.080 Safety and security plan.
The owner and operator must develop a safety and security plan in consultation with and subject to the approval of the Clyde Hill police department. At a minimum, the plan must include following elements, which must be described in detail and attached as an exhibit to the operating agreement, and which must be specific to each facility:
A. Behavioral health crisis management protocols.
B. De-escalation methods and staff training in de-escalation protocols.
C. Protocols for routine and emergency communications with first responders.
D. Security systems or protocols that provide for the security and safety of persons within the surrounding neighborhood. (Ord. 997 § 3, 2023)
17.42.090 Community relations plan.
The owner and operator must provide a community relations plan that will address how the site will involve, interact with, and impact facility residents, community neighbors, and businesses, which must be described in detail and attached as an exhibit to the operating agreement, and which must be specific to each facility. Minimum elements must include the following:
A. Strategies and policies concerning:
1. Public safety and neighborhood responsiveness;
2. Community engagement;
3. Dispute resolution; and
4. Equity and social justice.
B. Potential impacts to nearby residences or businesses, including a proposed mitigation approach. These potential impacts must be reviewed and updated periodically.
C. Facility performance expectations drafted in consultation with the local community, site operators, service providers, those with lived experience of homelessness, and city representatives.
D. Identification of a “neighborhood liaison,” who will be a staff person who works at the site and has been designated to be a visible and friendly ambassador for the facility, who will nurture respectful relationships among community members, attend community events, and receive and respond to neighbor complaints in a timely manner.
E. Provide a neighborhood dispute resolution process. (Ord. 997 § 3, 2023)
17.42.100 Parking management plan.
The owner and operator must provide a parking management plan. This plan must be included as an exhibit to the operating agreement and must be specific to each facility. In the plan, on-street parking will be counted as off-site, not on-site, parking. The plan for on-site and off-site parking must account for factors such as the potential number of residents, total support staff requirements, site constraints, and impacts to the surrounding neighborhood. No matter the size, location, or number of residents, the minimum parking requirements will be one on-site parking space for each resident that owns a vehicle that will be parked on site; provided, however, the absolute minimum parking requirement for each facility must be one on-site parking space for each unit plus one on-site parking space for every two employees. The plan must include a prohibition of vehicle camping in on-site and off-site parking. (Ord. 997 § 3, 2023)