Chapter 16.68
PERMANENT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING, EMERGENCY SHELTERS, AND EMERGENCY HOUSING
Sections:
16.68.010 Permanent supportive housing and transitional housing.
16.68.020 Emergency shelters and emergency housing.
16.68.030 Conversion of hotel or motel to emergency shelter.
16.68.040 Safe parking and encampments on religious land.
16.68.010 Permanent supportive housing and transitional housing.
A. Purpose. The purpose of this section is to provide regulations for the permitting of supportive housing that is proposed to provide housing to individuals and families experiencing or who are at imminent risk of homelessness, and on-site or off-site supportive services.
B. Applicability. The provisions of this section apply to all permanent supportive housing, and transitional housing in the city. Residential care facility may also need to comply with the provisions of this section if their function and purpose closely match with either permanent supportive housing or transitional housing.
C. Requirements.
1. An on-site manager and area(s) to provide on-site services are encouraged. If on-site services are provided they must be for residents only.
2. Minimum Performance Expectations for Operators.
a. The city will defer to the project’s funder, and insurance and licensing requirements, to ensure the safe and effective operation of these facilities.
b. For Permanent Supportive Housing.
i. Provision of access or connection to optional behavioral health treatment (including substance use disorder) and services.
ii. Provision of access or connection to optional employment assistance (e.g., job training and education).
iii. Provision of access or connection to optional housing-related services to help residents gain, maintain, or increase housing stability (e.g., tenant education and supports).
3. Parking Management Plan. An approved parking management plan is required.
a. No parking spaces are required for individual units, tenants, or residents residing in the building.
b. One and one-quarter spaces for every employee on maximum shift.
c. The parking plan must prohibit car camping on site and in adjacent on-street parking spaces. (Ord. 1414-24 § 1 (Exh. A))
16.68.020 Emergency shelters and emergency housing.
A. Purpose. The purpose of this section is to provide regulations for the permitting of emergency housing and emergency shelters that are proposed to provide housing to individuals and families experiencing, or who are at imminent risk of homelessness, or who are experiencing temporary displacement due to a natural disaster.
B. Applicability. The provisions of this section apply to all emergency housing and emergency shelters in the city. Residential care facility may also need to comply with the provisions of this section if their function and purpose closely match with either emergency housing or emergency shelters.
C. Requirements.
1. An on-site manager and area(s) to provide on-site services are encouraged. If on-site services are provided they shall be for residents only.
2. Active Operational Management Plan. An operational management plan must be established with the city prior to occupancy of an emergency shelter or emergency housing use. The operational management plan must include the following:
a. Description of the services to be provided on site.
b. Names and contact information for on-site staff with at least one designated phone number to be used in emergencies.
c. Identification of supporting agencies, supportive partnerships, and a summary of any operational funding information.
3. Good Neighbor Plan. A plan for outreach and communication with the neighborhood is required. This plan will be made available to the community and must include:
a. Identification of a “neighborhood liaison”: a staff person who has been designated to be a visible and friendly ambassador for the housing facility, nurture respectful relationships among community members, attend community events, and receive and respond to neighbor complaints in a timely manner.
b. Direct contact information for neighbors to communicate with the neighborhood liaison.
c. Protocols for addressing concerns of the surrounding neighborhood. These may include public meetings, information distribution, or other educational and outreach efforts.
4. Parking Management Plan. An approved parking management plan is required.
a. No minimum parking is required.
b. Adequate parking for staff is strongly encouraged.
c. The parking plan must prohibit car camping on site and in adjacent on-street parking spaces. (Ord. 1414-24 § 1 (Exh. A))
16.68.030 Conversion of hotel or motel to emergency shelter.
A. Except as provided in this section, the conversion of the lawful use of a hotel or motel property is unconditionally allowed:
1. From use as a hotel or motel, to use as an emergency shelter.
2. From use as a hotel or motel that was converted to an emergency shelter under subsection (A)(1) of this section, to use as affordable housing.
B. This section applies only to areas:
1. Within all zones that permit emergency shelter or emergency housing specified in Chapter 16.12 SMC.
C. The building must comply with applicable building codes, occupancy limits, and other standards applicable for the new use under this code. (Ord. 1414-24 § 1 (Exh. A))
16.68.040 Safe parking and encampments on religious land.
A. As required by RCW 35.21.915, as adopted or hereafter amended, a religious organization may host the homeless on property owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings.
B. Temporary safe parking areas, temporary tent encampments and temporary tiny house encampments must be located a minimum of 20 feet from the property line of abutting properties, unless the director finds that a reduced buffer width will provide adequate separation between the shelter and adjoining uses due to changes in elevation, intervening buildings or other physical characteristics of the site.
C. Temporary safe parking areas, temporary tent encampments and temporary tiny house encampments must not be located within a critical area or its buffer.
D. The maximum number of people allowed at one time in a single temporary safe parking area, temporary tent encampment or temporary tiny house encampment will be determined by the director taking into consideration site conditions, but in no case may the number be greater than 100 people. In determining the maximum number of people allowed at each individual encampment, the director shall consider factors such as the size and location of the site, the surrounding land uses, and other contextual factors.
E. Fencing adequate to limit access to the site for the safety and security of residents must be installed on the perimeter of the shelter site; provided, that fencing does not create a sight obstruction at the street or street intersections or curbs as determined by the city engineer. A six-foot-tall fence, which may include chain link or other temporary fencing materials, is presumed adequate for this purpose. The director may waive this requirement if there is sufficient vegetation, topographic variation, or other site considerations such that complete perimeter fencing would not be needed to serve this purpose.
F. If provided, exterior lighting must be directed downward and glare must be contained within the shelter site.
G. The following health and safety elements must be provided for the temporary shelter site:
1. Exterior 2A-10BC fire extinguishers within 75 feet from any point in the shelter site;
2. A designated smoking area;
3. Flame-retardant materials for tents over 300 square feet and canopies in excess of 400 square feet;
4. Prohibition of any open flames, except an outdoor heat source approved by the fire department;
5. A first aid kit large enough to serve the maximum population of the shelter site;
6. Obstruction-free access aisles as required by the fire department;
7. Appropriate power protection devices at any location where power is provided;
8. Trash receptacles in multiple locations throughout the site and regular trash patrols in the immediate vicinity of the site;
9. Regular removal of trash from individual trash receptacles and a centralized area for trash and recycling that is regularly serviced by a local provider of this service;
10. Chemical toilets set back at least 40 feet from all property lines as recommended by the portable toilet service provider, along with the recommended maintenance of these toilets, or access to toilets in an indoor location;
11. Hand-washing stations by the toilets;
12. Running water in an indoor location, or continuous running water in an outdoor location that is discharged to a location approved by the city;
13. Posting at the site and distribution to shelter guests copies of health and safety information provided by the city, county, or any other public agency;
14. Cooking facilities, if provided, may be located in an indoor or outdoor location and must include the following:
a. A sink with running water. If located outdoors, it must include continuous running water that is discharged to a location approved by the city;
b. A nonabsorbent and easily cleanable food preparation counter;
c. A refrigerator or cooler to keep perishable food cold; and
d. All products necessary to maintain the cooking facilities in clean condition.
15. Tiny house encampments must include the following additional indoor safety measures for the tiny homes:
a. A working battery-powered smoke and carbon monoxide alarm;
b. Two openings to allow escape of smoke. Openings must be within 12 inches of the top of the wall and on two opposing walls. Such openings must be a minimum of 12 square inches, with the smallest dimension of one inch. Openings must be screened to keep insects out. Screen openings must be one-eighth inch to one-quarter inch;
c. No fuel gas appliances or equipment;
d. No smoking, lighted candles or other type of flames;
e. No locks or latches that might inhibit an emergency escape from within the unit. A single cylinder deadbolt lock or lever-handled door latch is permitted, as long as it does not require the use of a tool or key to lock or unlock it from inside the unit.
H. On-site parking of the sponsor must not be displaced unless sufficient required off-street parking remains available for the host’s use to compensate for the loss of on-site parking or unless a shared parking agreement is executed with adjacent properties.
I. To limit outdoor waiting, the shelter must be open 24 hours per day.
J. All functions associated with the shelter, including adequate waiting space, must take place on the site proposed to house the encampment.
K. A code of conduct must be provided that not only protects the health, safety and welfare of shelter guests, but also mitigates impacts to neighbors and the community consistent with RCW 35.21.915, as adopted or hereafter amended. At a minimum, the code must include a prohibition on the on-site use or sale of alcohol and illegal drugs and threatening or unsafe behavior. The sponsor and/or managing agency shall ensure that items deemed as weapons are stored in a safe location.
L. An operations plan must be provided that addresses site management, site maintenance, and provision of human and social services.
M. The sponsor and/or managing agency shall designate points of contact and provide contact information (24-hour accessible phone contact) to the police department.
N. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective shelter guests and shall keep a log containing this information. (Ord. 1414-24 § 1 (Exh. A))