Chapter 19.45
COMMUNITY SERVICES
Sections:
19.45.030 Application requirements and standards.
19.45.040 Data entry into regional homeless management information system.
19.45.050 Waivers and decision.
19.45.010 Purpose.
The purpose of Chapter 19.45 SVMC is to allow and establish a review and permitting process for the location, siting, and indoor operation of emergency shelters, emergency housing, transitional housing, permanent supportive housing and transitional parking. These regulations are intended to protect public health and safety by requiring safe operations of these uses for both the residents and broader community. (Ord. 22-011 § 5 (Att. C), 2022).
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. (Ord. 22-011 § 5 (Att. C), 2022).
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. (Ord. 22-011 § 5 (Att. C), 2022).
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. Security cameras shall be provided to monitor parking areas.
c. Site/facility maintenance plan, including, at a minimum, regular trash patrol in the immediate vicinity of the site.
d. Occupancy policies, including resident responsibilities and a code of conduct that includes, at a minimum, a plan that addresses threatening or unsafe behavior, substance use, safety, and cleanliness.
e. Provision of human and social services, including a staffing plan and outcome measures.
f. Outreach with surrounding property owners and residents that includes at a minimum the following:
i. A description of how the proposed facility will serve the population that will be accommodated by the use;
ii. Identification of a phone number and point of contact at the site of the proposed facility for the community to report concerns;
iii. A plan for addressing reported concerns and documenting resolution, and making this information publicly available; and
iv. Notice to all property owners and residents of the proposed site consistent with the distribution requirements of SVMC 17.80.120(B)(1).
g. Procedures for maintaining accurate and complete records and how confidentiality will be maintained; and
h. For those providers that operate emergency shelters or emergency housing, a coordination plan with street outreach teams and enforcement agencies to ensure that space is available for people experiencing homelessness in the City.
3. A map showing transit, pedestrian and bicycle access from the subject site to services and schools.
4. Emergency shelters and emergency housing providers shall provide an interior space plan identifying all functions associated with the facility, including adequate waiting space. All functions must take place within a building or facility.
5. A parking plan that addresses the parking needs of the use based on the population served and projected needs. Parking shall be provided on site unless it can be provided for consistent with SVMC 22.50.020(B). The plan shall include security cameras and areas to be observed by the cameras.
6. An exterior lighting plan for the parking area in compliance with Chapters 19.75 and 22.60 SVMC.
7. Additional materials required for transitional parking uses include:
a. A site plan that indicates the facility parking and the parking area provided for the transitional parking;
b. The operations plan shall specify how waste and restroom access will be provided. Restroom access may be provided either in the building or in 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-1, R-2, R-3, R-4, and NC zones, transitional housing and permanent supportive housing shall be limited to no more than 10 adults per dwelling unit, not including children under the age of 18.
2. Emergency shelters, emergency housing, permanent supportive housing and transitional parking shall be located a minimum of one mile apart measured from the nearest property line of any use regulated by Chapter 19.45 SVMC. Transitional housing shall not be subject to any spacing requirements.
3. All residents, staff, and operators shall comply with all Spokane County Health District requirements related to food preparation, service, and donations.
4. Trash receptacles shall be provided in multiple locations throughout the facility and site. Managing parties shall contract with the applicable trash service provider for the duration of the use.
5. The number of parking spaces shall be required based on the population served and the projected needs of the emergency shelter, emergency housing, transitional housing, or permanent supportive housing facility as outlined in the parking plan and subject to review and approval of the City. Spaces shall be provided at a minimum, and may increase at the discretion of the City after review of the parking plan as follows:
a. One space for the maximum number of staff on duty throughout each day; and
b. Five spaces for transitional housing and permanent supportive housing in residential zones; or
c. Ten spaces for emergency shelters, emergency housing, transitional housing and permanent supportive housing in nonresidential zones;
d. Transitional parking uses do not need to provide additional parking;
e. Off-street parking shall comply with all other requirements of SVMC Title 22 including, but not limited to, paving, drainage, location, dimensions, and design standards.
6. On-site supervision shall be provided at all times, unless it can be demonstrated through the operations plan that this level of supervision is not warranted for the population being served.
7. No children under the age of 18 are allowed to stay overnight in emergency shelters, emergency housing, transitional housing, permanent supportive housing or transitional parking sites unless accompanied by a parent or guardian, or unless the facility is licensed to provide services to youth. If 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.
8. The sponsor and/or managing agency shall designate points of contact and provide 24-hour accessible phone contact information to the patrol operations commander for the Spokane Valley Police Department (SVPD). The names of the on-duty points of contact shall be posted on site daily, and their contact information shall be provided to the SVPD.
9. Transitional parking programs are subject to the following additional requirements:
a. Restroom access either within the buildings on the property or through use of portable facilities. Restrooms shall include handwashing stations or facilities in an adequate number as determined by the City. Restroom and handwashing station access shall be available at all hours of the day and night.
b. Organizations providing transitional parking spaces must continue to abide by the parking requirements in Chapter 22.50 SVMC so that the provision of transitional parking spaces does not reduce the total number of available parking spaces required for the primary use.
c. Recreational vehicles shall be allowed. (Ord. 22-011 § 5 (Att. C), 2022).
19.45.040 Data entry into regional homeless management information system.
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. (Ord. 22-011 § 5 (Att. C), 2022).
19.45.050 Waivers and decision.
A. The city manager or designee shall have the authority to grant, grant with conditions, or deny an application for emergency shelters, emergency housing, transitional housing, and permanent supportive housing under Chapter 19.45 SVMC. Conditions may be imposed to:
1. Minimize nuisance-generating features such as noise, waste, air quality, traffic, physical hazards, and other similar impact; and
2. Mitigate potentially adverse operational characteristics, including, but not limited to, direct intake of residents on site, daily check-in of residents to secure a bed, lack of resident enrollment in a program operated by the on-site agency, or lack of available intensive case management for residents on site.
B. In cases where the application does not meet the provisions of Chapter 19.45 SVMC or adequate mitigation may not be feasible or possible, the city manager or designee shall deny the application and issue a decision pursuant to SVMC 17.80.130.
C. The city manager may authorize the operation of a temporary emergency shelter for up to 30 days in situations where an immediate life, health, or safety concern exists due to unanticipated or severe environmental conditions. The city manager may authorize an extension to the 30 days for a specified period of time, if the city council has adopted a resolution pursuant to Chapter 38.52 RCW declaring that the conditions which gave rise to the operation of the temporary emergency shelter continue in effect, and constitute a threat to the life, health, and safety of the residents of the City. Temporary emergency shelters authorized by SVMC 19.45.050 are not subject to the requirements of Chapter 19.45 SVMC. (Ord. 22-011 § 5 (Att. C), 2022).