ORD 24-981 - Relating to Licensing Perm Supportive-Transitional-Emergency HousingORDINANCE NO.24-981
AN ORDINANCE of the City of Federal Way, Washington, relating to
licensing of permanent supportive housing and transitional housing,
and emergency housing and shelter, amending FWRC 12.35.070 and
12.35.080 (Amending Ordinance No. 22-929).
WHEREAS, the City of Federal Way ("City") adopted licensing provisions for permanent
supportive housing and transitional housing and emergency housing and shelter with the adoption
of Ordinance 22-929 in January 2022; and
WHEREAS, the licensing provisions were drafted for facilities housing residents
overnight; and
WHEREAS, Federal Way has an emergency shelter that does not accommodate overnight
residents; and
WHEREAS, this ordinance contains amendments to FWRC Title 12, clarifying the
licensing requirements for facilities that do not have overnight residents; and
WHEREAS, it is in the public interest for the City Council to adopt the amendments to
FWRC Title 12.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by providing clearer code provisions.
(c) These code amendments comply with Chapter 36.70A RCW, Growth Management.
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(d) These code amendments are consistent with the intent and purpose of its title of
FWRC Title 12 and will implement and is consistent with the applicable provisions of the Federal
Way Comprehensive Plan.
(e) These code amendments bear a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
FWRC.
(f) These code amendments have followed the proper procedures required under the
Section 2. Conclusions. Pursuant to the recitals and the findings set forth in Section 1, the
Federal Way City Council makes the following Conclusions of Law with respect to the decisional
criteria necessary for the adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUG 9 Support a diverse community comprised of neighborhoods that provide a
range of housing options;
LUP 10 Support the continuation of a strong residential community.
LUG 3 Preserve and protect Federal Way's single-family neighborhoods.
LUP 13 Maintain and protect the character of existing single-family neighborhoods
through strict enforcement of the City's land use regulations.
HP 43 Coordinate City actions related to homelessness with the City's Community
Services Division and non-profit housing and human services providers.
HP 44 Emergency shelters should be permitted and regulated to ensure there are
adequate opportunities to locate them within the City, to avoid overconcentration of
facilities, to ensure that such facilities and housing are properly managed, and to avoid or
Ordinance No. 24-981 Page 2 of 6
mitigate significant impacts on existing residential neighborhoods or other surrounding
uses.
(b) The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare as they are intended to improve the use of development agreements
within the City. Development agreements were added to State statute because the lack of certainty
in the approval of development projects can result in a waste of public and private resources,
escalate housing costs for consumers and discourage the commitment to comprehensive planning
which would make maximum efficient use of resources at the least economic cost to the public.
Assurance to a development project applicant that upon government approval the project may
proceed in accordance with existing policies and regulations, and subject to conditions of approval,
all as set forth in a development agreement, strengthen the public planning process, encourage
private participation and comprehensive planning, and reduce the economic costs of development.
(c) The proposed amendments are in the best interest of the public and the residents of
the City of Federal Way because: 1) they are responsive to issues raised this year; and, 2) they
provide clarifications for currently -ambiguous code sections thereby reducing the need for further
director interpretations and the potential for appeals and/or litigation.
Section 3. FWRC 12.35.070 is hereby amended to read as follows:
12.35.070 Standards of safety and operation.
(1) Every facility licensed under the provisions of this chapter, except for emergency housing and
shelter facilities that do not provide overnight accommodations, must meet the following safety
and operational requirements:
(a) Adopt and broadly disseminate a written security and emergency plan for residents,
guests, and employees.
Ordinance No. 24-981 Page 3 of 6
(b) Establish protocols to work with current or prospective residents and guests with active
felony warrants to resolve the outstanding warrant(s) with applicable legal authorities.
(c) Take all reasonable and legal steps to obtain verifiable identification information,
including full name and date of birth, from all current and prospective residents, and keep
a log containing this information.
(d) Prohibit direct intake of residents without referral.
(e) Incorporate procedures into operations to ensure complete and accurate recordkeeping.
(f) Post prominently a list of all human and health services offered with a brief description
of the service(s) and the availability of such service(s).
(g) Follow Crime Prevention Through Environmental Design (OPTED) standards for
landscaping and plant maintenance.
(h) Broadly disseminate information to residents identifying transit, pedestrian and bicycle
routes to services and schools from the site.
(2) Every standalone facility exclusively for permanent supportive housing and transitional
housing, and/or emergency housing and shelter licensed under the provisions of this chapter,
except for permanent supportive housing and transitional housing in the suburban estate (SE) or
single-family residential (RS) zones, must meet the following additional safety and operation
requirements:
(a) Install lighting in all internal common areas providing a minimum of one and one-half
foot-candles at ground level 24 hours per day, seven days a week.
(b) Have a manager or operator's representative on the premises at all times during
operating hours.
Ordinance No. 24-981 Page 4 of 6
(3) Every newly constructed facility licensed under the provisions of this chapter, except for newly
constructed permanent supportive housing and transitional housing in the suburban estate (SE) or
single-family residential (RS) zones, must also implement the security program and strategies
addressed in FWRC 19.115.040.
Section 4. FWRC 12.35.080 is hereby amended to read as follows:
12.35.080 Standards of conduct.
Every facility licensed under the provisions of this chapter must adopt and enforce standards of
conduct applicable to all residents and guests designed to ensure that:
(1) All residents and guests comply with all applicable federal, state, and local laws, including all
safety and sanitation requirements and the city's building, fire, and zoning and development codes.
(2) No residents or guests shall exhibit threatening or unsafe behavior.
(3) No residents or ug ests shall use, possess, or sell illegal drugs.
Section 5. SeverabiliV. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to any other persons
or circumstances.
Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 7. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Ordinance No. 24-981 Page 5 of 6
Section 8. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this 16th day of January 2024
CITY OF FEDERAL WAY:
(:J�
JMtLL, MAYOR
ATTEST:
E ANIE COURTN IV
MC, CITY CLERK
APPROVED AS TO FORM:
3]E 9. ?C
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 12/27/2023
PASSED BY THE CITY COUNCIL: 01/16/2024
PUBLISHED: 01/19/2024
EFFECTIVE DATE: 01/24/2024
ORDINANCE NO.: 24-981
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