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2021-08-04 Planning Commission Packet - CanceledCity of Federal Way PLANNING COMMISSION August 4, 2021, 6:30 p.m. City Hall Council Chambers & Zoom Meeting AGENDA Notice: This meeting will be held in -person and via Zoom (audio only). • Public Comment may be submitted via email here, or sign up to provide live comments here • Call in and listen to the live meeting (888) 788-0099 or 253-215-8782 • Zoom meeting code 920 3994 8345 and passcode 431768 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES a. Planning Commission Meeting of July 21, 2021 4. PUBLIC COMMENT 5. COMMISSION BUSINESS a. Discussion — Permanent Supportive Housing & Emergency Shelter Code Revisions 6. STAFF BUSINESS a. Manager's Report 7. NEXT MEETING a. August 18, 2021, 6:30 p.m. 8. ADJOURNMENT Commissioners Lawson Bronson, Chair Tim O'Neil, Vice -Chair Wayne Carlson Hope Elder Diana Noble-Gulliford Tom Medhurst Dale Couture Eric Olsen, Alternate Jae So, Alternate Anna Patrick, Alternate City Staff Keith Niven, Planning Manager E. Tina Piety, Administrative Assistant 253-835-2601 www.cityof ederalwaL.corn K.9PLNPlanning Commission120211AgendalAgenda 08-04-21.do CITY OF FEDERAL WAY PLANNING COMMISSION July 21, 2021 City Hall 6:30 p.m. Zoom MEETING MINUTES Commissioners present: Tim O'Neil, Wayne Carlson, Diana Noble-Gulliford, Tom Medhurst, Dale Couture, Anna Patrick, and Eric Olsen. Commissioners absent: Lawson Bronson (excused) and Hope Elder and Jae So (unexcused). City Staff present: CD Director Brian Davis, Planning Manager Keith Niven, Assistant Planner Natalie Kamieniecki, Assistant City Attorney Kent van Alstyne, and Administrative Assistant II Tina Piety. CALL TO ORDER Vice -Chair O'Neil called the meeting to order at 6:30 P.M. MINUTES The July 7, 2021, minutes were approved as presented. PUBLIC COMMENT None COMMISSION BUSINESS Discussion; 2021 Federal Way Comprehensive Plan Amendments — Manager Niven introduced the topic. The city received two citizen -initiated proposed comprehensive plan amendments; the vacant Bally's fitness center (32818 1" Avenue South) and two parcels on Steel Lake (1931 South 304"' Street). At their June 15, 2021, meeting the City Council voted to place both proposals on the final Docket for further study. Earlier today, the Steel Lake proposal was withdrawn, leaving only the Bally's proposal. Associate Planner Natalie Kamieniecki will be delivering the presentation regarding the Bally's proposal. The intent of tonight's meeting is for information and questions, not deliberations. Earlier today Attorney van Alstyne sent the Commissioners information regarding the Appearance of Fairness Doctrine. Commissioner Noble-Gulliford asked what is the timeframe that Commissioners should be aware of in regards to ex parte communication? When the hearing has been advertised, scheduled or? Attorney van Alstyne responded the timeframe for ex parte communications is from the date the matter became "pending" before the Planning Commission. That date is when the Land Use and Transportation Committee (LUTC) voted to direct staff to research the applications, which was June 7, 2021. At that point, the applications were destined for Planning Commission consideration. Commissioner Noble-Gulliford stated that Commissioners don't always know when LUTC decides to send an item to them, will staff inform us in the future? Attorney van Alstyne replied that staff will keep the Commissioners informed. Planner Kamieniecki went into more detail about the comprehensive plan amendment process. Once the applicant has submitted their documentation (deadline this Friday), staff will begin the SEPA review process. Once the comment and appeal periods are completed, staff will prepare a report for a Planning Commission Public Hearing (planned for September). Once that is concluded, the report will go to the Planning Commission Minutes Page 1 July 21, 2021 LUTC and City Council for deliberation and possible adoption. The applicant is requesting a change of zoning and comprehensive plan designation from Office Park to Multifamily (RM 1800). The property is located at the southeast intersection of 1st Avenue South and South 328th Street, is currently vacant, and consists of six acres. It is surrounded by residential and some businesses. The applicant states that there is no market demand for a health and fitness club at this location. Demand for housing is rapidly increasing within the city and region resulting in a lack of diverse housing options and lack of housing inventory. This amendment will help with that lack. Commissioner Noble-Gulliford noted this property was developed as part of a master plan community (she believes in the '70s). Are there any underlying covenants, concomitants, or other restrictions on the property? Planner Kamieniecki stated she will need to research this issue. More thorough research and review will be done as part of the SEPA review process. Commissioner Patrick asked if the city has received inquiries from businesses about using this property. How does the market look in this area for office? What is the likelihood anyone would utilize it as office use? Planner Kamieniecki stated she will need to research this issue. For the three years she has been with the city, there have been no inquires for office use at this location. Manager Niven commented there is research staff can perform that will give insight into this issue. Staff can check our Planning inquiry folder, we can ask the property owner if they know of any inquiries, and we can look at how long the building has been empty. STAFF BUSINESS Manager's Report — Manager Niven stated the Housing Action Plan (HAP) went to the City Council last night for adoption and Council Members expressed concern over the small amount of public engagement and noted that all pubic outreach was done during the pandemic. Council requested staff hold an in -person open house. It will probably be held in early September. Afterward, the HAP will go back to LUTC and the City Council. Commissioner Carlson asked if there are meaningful comments to the HAP, will it first come back to the Planning Commission? Manager Niven replied that if there are substantive comments it will likely come back to the Planning Commission first. If not, then just to LUTC and Council. The City Council will likely hold Planning Commission interviews in September. The state legislative House Bill 1220 was discussed at last night's City Council meeting. The bill speaks to the placement of homeless housing and emergency shelters. As a result of this bill, King County is planning such housing in two hotels in Federal Way. There were a lot of contentious public comments. City staff is preparing code amendments to address this issue and will be bringing them to Planning Commission for discussion on August 4th and public hearings on August 18th and possibly September 1St Vice -Chair O'Neil will be out of town on August 4' but may be able to attend via Zoom. Commissioner Noble-Gulliford asked if the next meeting will be in -person or via zoom. Manager Niven replied that to date we have not received direction from the Mayor's office. They are working on technical issues because according to the state, all commission in -person meetings must now be televised. NEXT MEETING August 4, 2021, 6:30 pm ADJOURN The meeting adjourned at 7: P.M. KAPLN Planning Commission\20161Meeting Summary 07-21-21.doc Planning Commission Minutes Page 2 July 21, 2021 CITY OF Federal Way Centered on Opportunity COMMUNITY DEVELOPMENT DEPARTMENT 33325 81h Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cit offederaiwa .cam Jim Ferrell, Mayor MEMORANDUM DATE: 27 July 2021 TO: Federal Way Planning Commission FROM: Keith Niven, AICP, CEcD Planning Manager CC: Brian Davis Community Development Director SUBJECT: Proposed Code Amendments For Permanent Supportive Housing and Emergency Housing and Shelter (File 21-103086-00-UP) I. BACKGROUND Homelessness, housing insecurity, and housing affordability have all become common headlines in Western Washington for the past several years. Although the Federal Way Revised Code (FWRC) provides for some forms of transitional housing, recently adopted state law imposes new requirements on cities with compliance deadlines of July and September 2021. ESHB1220 In May 2021, the state legislature approved Engrossed Second Substitute House Bill (ESHB) 1220 (Attachment 1). According to the newly approved legislation, starting July 25"', "a city shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed." Furthermore, by September 30", cities must either: 1) allow indoor emergency shelters and indoor emergency housing in zones in which hotels are allowed; or 2) permit indoor emergency shelters and indoor emergency housing in a majority of zones within one -mile of transit. As identified in this bill, cities retain the authority to impose reasonable regulations on occupancy, spacing, and intensity of use requirements on the housing types listed above, to protect public health and safety. However, such ordinances cannot prevent the siting of a sufficient number of these housing and shelter types necessary to accommodate each city's projected need under RCW 36.70A.070(2)(a)(ii). FWRC Currently, the FWRC provides a definition for social service transition housing: "Social service transitional housing" means facilities providing temporary and transitional housing to individuals on an as -needed basis, operated by a nonprofit social service agency, licensed as required by the state, including, but not limited to, emergency shelters, homeless shelters, domestic violence shelters, and other such crisis intervention facilities; but excluding offices and group homes as defined in this chapter. Any limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to Proposed Code Amendments - 2021 Page 1 of 11 disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Federal Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that it would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.060 and FWRC Title 19, Division VI, Zoning Regulations. As a defined land use, social service transitional housing is currently allowed in the following zones: ■ Multifamily Residential ■ Neighborhood Business ■ Community Business ■ City Center Frame Determining Projected Need As stated in ESHB 1220, each jurisdiction is to provide "...a sufficient number of these housing and shelter types necessary to accommodate each city's projected need." To determine the city's projected need, the city would generally look for guidance from the state and King County. However, the Department of Commerce has stated they believe they will not be able to provide relevant data to King County until December 2022. Then, King County staff will need to allocate the number received from the state to the cities and unincorporated parts of the county. In other words, Federal Way will likely not receive any relevant data to help inform this number until mid-2023, despite being legally required to accommodate the quantity of need for such uses now. In the absence of state- or county -provided data, to determine the number of currently homeless in Federal Way, the best information available comes from the 2020 Seattle/King County Point in Time Count of Individuals Experiencing Homelessness. Unfortunately, the information is not provided at a city level. Rather it has been provided regionally (see below). rabte 1 indWdwis txpedeming HomNesmesa (Sheltered) 6y Pe6lon, 2017-2010 table 2 E.per<endng Namelessness lung lw,dl M k&n, 2017-2020 Shehrred 2017 2614 % N % N % N East County 11% 660 10% 569 9% 596 North Cou my 1% 71 3% 192 3% 2p4 Northeast COUFVIY 1% 68 1% 35 1% 61 523ttle 71% 4,392 71% 4,239 72% 4,42$ Southeast COUFAY 1% 30 1% 56 1 1% 72 5ouNnnres[ Court IS% 937 15% 880 13% 822 707AL 100% 1 5.158 173 Street (Unsheltered) 2017 2019 - 2010 % N % N % IJ East County 5% 319 6% 337 8% 446 North County 1% 53 2% 85 1% 55 Northeast County 2% 119 2% 99 3% 167 Seattle 70% 3,857 69% 1 3,558 67% 3,738 Southeast County 1% 70 1% 65 1% 55 Southwest Courtty 20% 1 1 1102 1 21% 1,084 20% 1,115 70TAL 1 100% 1 5,485 dM100% 5,228 100% _bEM72 Southwest King County includes Renton, Tukwila, Burien, SeaTac, Des Moines, Vashon, Federal Way, a portion of Milton, a portion of Auburn, and Kent. Looking at total population numbers for these cities, Federal Way represents approximately 17 percent of the population comprising Southwest King County. Taking a straight percentage of the total homeless population (sheltered and unsheltered) found in Southwest King County would mean Federal Way's proportionate share is (822 + 1115) x .17 = 329. Looking at the growth and decline of homelessness over the past four years (see graph), the absolute change from 2016 to 2020 (four years) represents an increase over that period of 10 percent. Extending that projection over 20 years (assuming a constant rate of growth) would generate the following numbers for Federal Way: 2020-2024: 329 x 1.1 = 362 2024-2028: 362 x 1.1 = 398 2032-2036: 398 x 1.1 = 438 2026-2040: 438 x 1.1 = 482 Proposed Code Amendments - 2021 Page 2 of 10 The 20-year need is the current count plus the anticipated 20-year growth or 329 + 120 (482 — 362) = 449. Individuals experiencing homelessness identified in the Point -in -Time count 11,643 12,112 10,688 Jan 29, 2016 Jan 27, 2017 Jan 26, 2018 11,199 11,751 Jan 25, 2019 Jan 24, 2020 Although there are several data sources, the street count was conducted on one night (January 24, 2020) and is generally regarded as an underrepresentation of those truly homeless. (A 2001 study using administrative data collected from homeless service providers estimated that the annual number of homeless individuals is 2.5 to 10.2 times greater than can be obtained using a point in time count. Stephen Metraux et al., Assessing Homeless Population Size Through the Use of Emergency and Transitional Shelter Services in 1998: Results from the Analysis of Administrative Data from Nine US Jurisdictions, 116 Pub. Health Rep. 344, [2001]). Using a conservative multiplier of 2.5 (see note above), 449 x 2.5 = 1,123. This forecast represents the combined shelter and permanent housing units to accommodate the city's needs for the next 20 years. 11. PROPOSED CODE AMENDMENTS (Summary) This section provides a summary of the proposed code amendments. The complete proposed zoning code text is enclosed in Attachment 2. The issues these proposed code amendments are attempting to resolve are: 1. Ensure the FWRC is consistent with the requirements of ESHB 1220; 2. Create local standards to ensure compatibility, where the statute allows; and 3. Clarify any inconsistencies in the existing code with the provisions of the statute. A. Since the city's definition for "social service transitional housing" does not closely align with the definitions of the uses regulated in ESHB 1220, staff are recommending deleting this definition and replacing it with two newly defined terms: 1. Permanent supportive housing and transitional housing; and 2. Emergency housing and shelter. B. Social service transition housing and shelters are also listed under the definition for "Essential Public Facilities." Since the city is choosing to specifically define these land uses and provide use -specific standards for them, under the city code they will not be considered essential public facilities. C. The proposed code revision will make the following changes: Proposed Code Amendments - 2021 Page 3 of 10 Zone Permanent Supportive Housing Emergency Housing and Transitional Housing and Shelter SE Suburban Estate RS (Single -Family Residential RM(Multifamily Residential BN (Neighborhood Business ✓ ✓ BC(Community Business ✓ ✓ CC-C City Center Core ✓ ✓ CC-F(City Center Frame ✓ ✓ CE Commercial Enterprise) D. Since "emergency housing and shelter" contemplates similar uses to the previously existing social service transitional housing, and to avoid the necessity to invent new standards, "emergency housing and shelter" is utilizing the separation and intensity standards that belonged to social service transitional housing. E. Since "permanent supportive housing and transitional housing" is a new land use designation that is not sufficiently similar to the previously existing social service transitional housing, standards needed to be created for each of the zones in which it will be permitted. To determine if the separation criteria would allow for adequate capacity, Attachment 3 was prepared. Attachment 3 identifies that up to 18 facilities of up to 50 or 110 units could be located in the city generating up to 1,260 residences. F. Attachment 2 contains the complete changes. The following chart identifies the major discretional provisions with a comparison to what is allowed currently. Permanent Supportive Housing and Transitional Housing Setbacks Process Density FF S R Height Separation Parking SE Existing' None 1 home/lot 30 10 10 30 0 2/unit Proposed Process III 10 rooms/lot 30 20 20 30 2,640 ft Efficiency units: 1.0 per unit in a single ('/z mile) Studio units: 1.25 per unit structure One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/unit Proposed Code Amendments - 2021 Page 4 of 10 Setbacks Process Density FF S I R Height Separation Parking RS 35 Existingl None 1 home/lot 20 10 10 30 0 2/unit Proposed Process III 6 rooms/lot 20 10 20 30 2,640 feet Efficiency units: 1.0 per unit in a single ('/2 mile) Studio units: 1.25 per unit structure One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/unit RS 15 Existing' None 1 home/lot 20 5 5 30 0 2/unit Proposed Process I1I 6 rooms/lot 20 10 20 30 2,640 feet Efficiency units: 1.0 per unit in a single ('/2 mile) Studio units: 1.25 per unit structure One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/unit RS 9.6 Existingl None 1 home/lot 20 5 5 30 0 2/unit Proposed Process I1I 6 rooms/lot 20 10 20 30 2,640 ft Efficiency units: 1.0 per unit in a single ('/2 mile) Studio units: 1.25 per unit structure One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/unit RS 7.2 Existingl None 1 home/lot 20 5 5 30 0 2/unit Proposed Process I1I 6 rooms/lot 20 10 20 30 2,640 ft Efficiency units: 1.0 per unit in a single ('/z mile) Studio units: 1.25 per unit structure One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/unit RS 5.0 Existingl None 1 home/lot 20 5 5 30 0 2/unit Proposed Process I1I 6 rooms/lot 20 10 20 30 2,640 ft Efficiency units: 1.0 per unit in a single ('/z mile) Studio units: 1.25 per unit structure One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/unit Proposed Code Amendments - 2021 Page 5 of 10 Setbacks Process Density FF S I R Height Separation Parking RM 3600 Existingz Process II 12/acre 20 5 5 30 0 1-2/unit Proposed Process III 50/project 20 5 5 30 2,640 ft Efficiency units: 1.0 per unit cap, w/ 3600 ('/2 mile) Studio units: 1.25 per unit sf/unit One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/unit RM 2400 Existingz Process II 18/acre 20 5 5 30 0 1-2/unit Proposed Process III 50/project 20 5 5 30 2,640 ft Efficiency units: 1.0 per unit cap, w/ 2400 ('/2 mile) Studio units: 1.25 per unit sf/unit One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/unit RM 1800 Existingz Process II 24/acre 20 5 5 35 0 1-2/unit Proposed Process III 50/project 20 5 5 35 2,640 ft Efficiency units: 1.0 per unit cap, w/ 1800 ('/2 mile) Studio units: 1.25 per unit sf/unit One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/unit BN Existingz Process II 18/acre 0 10 10 35 or 30 0 1-2/unit Proposed Process III 18/acre, max 20 5 5 35 or 30 2,640 ft Efficiency units: 1.0 per unit 50/project ('/2 mile) Studio units: 1.25 per unit One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/unit BC Existing'- Process Il none 0 or 10 or 10 or 65 or 30 0 1-2/unit 20 20 20 Proposed Process III 50/project 20 adjacent to SF 55 or 30 2,640 ft Efficiency units: 1.0 per unit cap ('/2 mile) Studio units: 1.25 per unit One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/unit Proposed Code Amendments - 2021 Page 6 of 10 Setbacks Process Density F S R Height Separation Parking CC-C Existingz Process II none 20 5 5 200 or 70 0 1 or 1.7/unit or 0 Proposed Process III I I0/project 10 10 10 200 or 70 2,640 ft Efficiency units: 1.0 per unit cap ('Y2 mile) Studio units: 1.25 per unit One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/units CC-F Existing Process II None 20 5 5 85 or 70 0 1 or 1.7/unit or 0 Proposed Process III I I0/project 10 10 10 85 or 70 2,640 ft Efficiency units: 1.0 per unit cap ('/2 mile) Studio units: 1.25 per unit One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/unit CE Existing3 n/a n/a n/a n/a n/a n/a 0 n/a Proposed Process III I I0/project 5 20 or 20 or 55 or 30 2,640 ft Efficiency units: 1.0 per unit cap 5 5 ('/2 mile) Studio units: 1.25 per unit One bedroom units: 1.5 per unit Units with two bedrooms or more: 2/unit Notes ' Single-family detached dwelling 2 Multifamily dwelling units s Hotel -Motel III. PROCEDURAL SUMMARY 7/16/21: Public Notice of SEPA Decision published and posted (website) 7/16/21: Issuance of Determination of Nonsignificance (DNS) according to the State Environmental Policy Act (SEPA) 7/30/21: End of SEPA Comment Period 8/4/21: Planning Commission Briefing 8/23/21: End of SEPA Appeal Period 8/18/21: Public Hearing Proposed Code Amendments - 2021 Page 7 of 10 9/1/21: Public Hearing Continuation 9/13/21: LUTC Council Committee 10/5/21: City Council Pt Reading 10/19/21: City Council 2nd Reading IV. PUBLIC COMMENTS No comments were received as of the date of this memorandum. V. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: LUP1 Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUG3.1 Provide a wide range of housing densities and types in the single-family designated areas. HG1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. HG2 Involve the community in the development of new housing to a degree that is consistent with the scale of impact on the surrounding neighborhoods. HG3 Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the City. HP12 The FWRC and Land Use chapter of the FWCP will be coordinated to facilitate locating housing affordable to low-income, very low-income, and special needs households throughout the City, especially around the City Center and other areas that provide proximity to employment, safe and convenient access to transportation and human services, and adequate infrastructure to support housing development. HP21 Promote fair housing access to all persons without discrimination. HG7 Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. Proposed Code Amendments - 2021 Page 8 of 10 HP39 Periodically review the FWRC and remove any regulatory barriers to locating special needs housing and emergency and transitional housing within the City as required by the federal Fair Housing Act, to avoid over -concentration, and to ensure uniform distribution throughout all residential and mixed -use zones. HG8 Develop emergency shelter and transitional housing facilities for the homeless. HP44 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 mitigate significant impacts on existing residential neighborhoods or other surrounding use 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The governmental power to include zoning regulations potentially limiting the rights of property owners is not unlimited, and must substantially advance legitimate public interests and bear a substantial relationship to the public health, safety, or general welfare. The proposed FWRC text amendments do not limit the rights of property owners as it allows newly -defined land uses in established zoning districts where "permanent supportive housing and transitional housing" and "emergency housing and shelter" may potentially locate. Also, it establishes separation standards from like facilities, intensity, and setback standards particular to these uses and creates a public review process that is intended to protect the health, safety, and welfare of the general community. 3. The proposed amendments are in the best interest of the residents of the city. The proposed FWRC text amendments allow the city to legally regulate the location (setbacks and separation requirements), intensity (limit on units in one location), and parking requirements (similar to other multifamily housing). The proposed amendments clarify existing ambiguities in the code. And, the proposed amendments require all permits to be reviewed under a process (Level III) where public notice will be given. For these reasons, the proposed amendments will be in the best interest of the residents of the city. Vl. STAFF RECOMMENDATION Subject to public comment and commission deliberation, based on the above staff analysis and decisional criteria; staff recommends that the proposed amendments (Attachment 2) to FWRC Title 19, "Zoning and Development Code," be recommended for approval to the Land Use/Transportation Committee (LUTC) and City Council with the condition that the separation requirements be revisited in 2023 when the city receives city -specific need data from King County. Proposed Code Amendments - 2021 Page 9 of 10 ATTACHMENTS Attachment I — ESHB 1220 Attachment 2 — Proposed Code Amendments Attachment 3 — Capacity Evaluation Proposed Code Amendments - 2021 Page 10 of 10 CERTIFICATION OF ENROLLMENT ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1220 67th Legislature 2021 Regular Session Passed by the House April 14, 2021 Yeas 57 Nays 40 Speaker of the House of Representatives Passed by the Senate April 10, 2021 Yeas 25 Nays 24 President of the Senate Approved Governor of the State of Washington CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1220 as passed by the House of Representatives and the Senate on the dates hereon set forth. Chief Clerk FILED Secretary of State State of Washington 1 2 3 4 5 6 ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1220 AS AMENDED BY THE SENATE Passed Legislature - 2021 Regular Session State of Washington 67th Legislature 2021 Regular Session By House Appropriations (originally sponsored by Representatives Peterson, Macri, Bateman, Ryu, Lekanoff, Fitzgibbon, Kloba, Davis, Lovick, Santos, Ortiz -Self, Simmons, Berg, Hackney, Chopp, Tharinger, and Frame) READ FIRST TIME 02/22/21. AN ACT Relating to supporting emergency shelters and housing through local planning and development regulations; amending RCW 36.70A.020, 36.70A.390, and 36.70A.030; reenacting and amending RCW 36.70A.070; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 35.21 RCW; and adding a new section to chapter 36.70A RCW. 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 8 9 10 11 12 13 14 15 16 17 18 19 20 Sec. 1. RCW 36.70A.020 and 2002 c 154 s 1 are each amended to read as follows: The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations: (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. (2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low -density development. P. 1 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. (4) Housing. ((EneedL=aqe thelad i of affeLc ab &) ) Plan for and accommodate housing affordable to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. (5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. (6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions. (7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability. (8) Natural resource industries. Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forestlands and productive agricultural lands, and discourage incompatible uses. (9) Open space and recreation. Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. (11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. p. 2 E2SHB 1220.PL 1 2 3 4 5 6 I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 (12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. (13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance. Sec. 2. RCW 36.70A.070 and 2017 3rd sp.s. c 18 s 4 and 2017 3rd sp.s. c 16 s 4 are each reenacted and amended to read as follows: The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140. Each comprehensive plan shall include a plan, scheme, or design for each of the following: (1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of groundwater used for public water supplies. Wherever possible, the land use element should consider utilizing urban planning approaches that promote physical activity. Where applicable, the land use element shall review drainage, flooding, and stormwater runoff in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound. (2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary p. 3 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 to manage projected growth, as provided by the department of commerce, including: (i) Units for moderate, low, very low, and extremely low-income households; and (ii) Emergency housing, emergency shelters, and permanent supportive housing; (b) ( ("rrrcziddes) ) Includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences, and within an urban growth area boundary, moderate density housing options including but not limited to, duplexes, triplexes, and townhomes; (c) ((ideas ifi: ) Identifies sufficient capacity of land for housing((,,-)) including, but not limited to, government -assisted housing, housing for ((lew-ineeffte—€affii! )) moderate, low, very low, and extremely low-income households, manufactured housing, multifamily housing, (()) group homes (())L foster care facilities, emergency housing, emergency shelters, permanent supportive housing, and within an urban growth area boundary, consideration of duplexes, triplexes, and townhomes; (()) (d) ((mks)) Makes adequate provisions for existing and projected needs of all economic segments of the community, including: (i) Incorporating consideration for low, very low, extremely low, and moderate -income households; (ii) Documentincr programs and actions needed to achieve housing availability including gaps in local funding, barriers such as development regulations, and other limitations; (iii) Consideration of housing locations in relation to employment location; and (iv) Consideration of the role of accessory dwelling units in meeting housing needs; (e) Identifies local policies and regulations that result in racially disparate impacts, displacement, and exclusion in housincr, including: (i) Zoning that may have a discriminatory effect; (ii) Disinvestment; and (iii) Infrastructure availability; (f) Identifies and implements policies and regulations to address and begin to undo racially disparate impacts, displacement, and exclusion in housing caused by local policies, plans, and actions; p. 4 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (g) Identifies areas that may be at higher risk of displacement from market forces that occur with changes to zoning development regulations and capital investments; and (h) Establishes antidisplacement policies, with consideration given to the preservation of historical and cultural communities as well as investments in low, very low, extremely low, and moderate - income housing; equitable development initiatives; inclusionary zoning; community planning requirements; tenant protections; land disposition policies; and consideration of land that may be used for affordable housing. In counties and cities subject to the review and evaluation requirements of RCW 36.70A.215, any revision to the housing element shall include consideration of prior review and evaluation reports and any reasonable measures identified. The housing element should link jurisdictional goals with overall county goals to ensure that the housing element goals are met. (3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six -year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. Park and recreation facilities shall be included in the capital facilities plan element. (4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines. (5) Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element: (a) Growth management act goals and local circumstances. Because circumstances vary from county to county, in establishing patterns of p. 5 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter. (b) Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural economic advancement, densities, and uses that are not characterized by urban growth and that are consistent with rural character. (c) Measures governing rural development. The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by: (i) Containing or otherwise controlling rural development; (ii) Assuring visual compatibility of rural development with the surrounding rural area; (iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low -density development in the rural area; (iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and groundwater resources; and (v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. (d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows: (i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed -use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments. (A) A commercial, industrial, residential, shoreline, or mixed - use area are subject to the requirements of (d)(iv) of this p. 6 E2SHB 1220.PL I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 subsection, but are not subject to the requirements of (c)(ii) and (iii) of this subsection. (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed -use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population. (C) Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas. Development and redevelopment may include changes in use from vacant land or a previously existing use so long as the new use conforms to the requirements of this subsection (5); (ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low -density sprawl; (iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may allow the expansion of small- scale businesses as long as those small-scale businesses conform with the rural character of the area as defined by the local government according to RCW 36.70A.030(((16))) (23). Rural counties may also allow new small-scale businesses to utilize a site previously occupied by an existing business as long as the new small-scale business conforms to the rural character of the area as defined by the local government according to RCW 36.70A.030(((16-))) (23). Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low -density sprawl; (iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such p. 7 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low -density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary, the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries, such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low - density sprawl; (v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence: (A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter; (B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); or (C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5). (e) Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365. (6) A transportation element that implements, and is consistent with, the land use element. (a) The transportation element shall include the following subelements: (i) Land use assumptions used in estimating travel; (ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess p. 8 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 the impact of land -use decisions on state-owned transportation facilities; (iii) Facilities and services needs, including: (A) An inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state-owned transportation facilities within the city or county's jurisdictional boundaries; (B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated; (C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system. The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six -year street, road, or transit program and the office of financial management's ten-year investment program. The concurrency requirements of (b) of this subsection do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsection; (D) Specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below an established level of service standard; (E) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth; (F) Identification of state and local system needs to meet current and future demands. Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW; (iv) Finance, including: (A) An analysis of funding capability to judge needs against probable funding resources; P. 9 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six -year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should be coordinated with the ten-year investment program developed by the office of financial management as required by RCW 4 7 . 0 5 . 0 3 0 ; (C) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met; (v) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions; (vi) Demand -management strategies; (vii) Pedestrian and bicycle component to include collaborative efforts to identify and designate planned improvements for pedestrian and bicycle facilities and corridors that address and encourage enhanced community access and promote healthy lifestyles. (b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride -sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6), "concurrent with the development" means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years. If the collection of impact fees is delayed under RCW 82.02.050(3), the six -year period required by this subsection (6)(b) must begin after full payment of all impact fees is due to the county or city. (c) The transportation element described in this subsection (6), the six -year plans required by RCW 35.77.010 for cities, RCW P. 10 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, and the ten-year investment program required by RCW 47.05.030 for the state, must be consistent. (7) An economic development element establishing local goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life. A city that has chosen to be a residential community is exempt from the economic development element requirement of this subsection. (8) A park and recreation element that implements, and is consistent with, the capital facilities plan element as it relates to park and recreation facilities. The element shall include: (a) Estimates of park and recreation demand for at least a ten-year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand. (9) It is the intent that new or amended elements required after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Requirements to incorporate any such new or amended elements shall be null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans as required in RCW 36.70A.130. NEW SECTION. Sec. 3. A new section is added to chapter 35A.21 RCW to read as follows: A code city shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed. Effective September 30, 2021, a code city shall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one -mile proximity to transit. Reasonable occupancy, spacing, and intensity of use requirements may be imposed by ordinance on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters to protect public health and safety. Any such requirements on occupancy, spacing, and intensity of use may not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters necessary to accommodate each code P. 11 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 city's projected need for such housing and shelter under RCW 36.70A.070 (2) (a) (ii) . NEW SECTION. Sec. 4. A new section is added to chapter 35.21 RCW to read as follows: A city shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed. Effective September 30, 2021, a city shall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one -mile proximity to transit. Reasonable occupancy, spacing, and intensity of use requirements may be imposed by ordinance on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters to protect public health and safety. Any such requirements on occupancy, spacing, and intensity of use may not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters necessary to accommodate each city's projected need for such housing and shelter under RCW 36.70A.070(2)(a)(ii). Sec. 5. RCW 36.70A.390 and 1992 c 207 s 6 are each amended to read as follows: A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim zoning map, interim zoning ordinance, p. 12 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. This section does not apply to the designation of critical areas, agricultural lands, forestlands, and mineral resource lands, under RCW 36.70A.170, and the conservation of these lands and protection of these areas under RCW 36.70A.060, prior to such actions being taken in a comprehensive plan adopted under RCW 36.70A.070 and implementing development regulations adopted under RCW 36.70A.120, if a public hearing is held on such proposed actions. This section does not apply to ordinances or development regulations adopted by a city that prohibit building permit applications for or the construction of transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed or prohibit building permit applications for or the construction of indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed. Sec. 6. RCW 36.70A.030 and 2020 c 173 s 4 are each amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan. (2) "Affordable housing" means, unless the context clearly indicates otherwise, residential housing whose monthly costs, including utilities other than telephone, do not exceed thirty percent of the monthly income of a household whose income is: (a) For rental housing, sixty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development; or (b) For owner -occupied housing, eighty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (3) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, p. 13 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production. (4) "City" means any city or town, including a code city. (5) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter. (6) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. (7) "Department" means the department of commerce. (8) "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. (9) "Emergency housing" means 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. (10) "Emergency shelter" means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may p. 14 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 include day and warming centers that do not provide overnight accommodations. (11) "Extremely low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below thirty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (((10))) (12) "Forestland" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forestland is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forestland to other uses. (((11))) (13) "Freight rail dependent uses" means buildings and other infrastructure that are used in the fabrication, processing, storage, and transport of goods where the use is dependent on and makes use of an adjacent short line railroad. Such facilities are both urban and rural development for purposes of this chapter. "Freight rail dependent uses" does not include buildings and other infrastructure that are used in the fabrication, processing, storage, and transport of coal, liquefied natural gas, or "crude oil" as defined in RCW 90.56.010. (( ' )) (14) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns. ((()) (15) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's p. 15 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 proximity to population areas, and the possibility of more intense uses of the land. (((14))) (16) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below eighty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (((15))) (17) "Minerals" include gravel, sand, and valuable metallic substances. (((16) )) (18) "Moderate -income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 120 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (19) "Permanent supportive housing" is 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. (( ' )) (20) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. ((® )) (21) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services. p. 16 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (((19) )) (22) "Recreational land" means land so designated under RCW 36.70A.1701 and that, immediately prior to this designation, was designated as agricultural land of long-term commercial significance under RCW 36.70A.170. Recreational land must have playing fields and supporting facilities existing before July 1, 2004, for sports played on grass playing fields. (((20-))) (23) "Rural character" refers to the patterns of land use and development established by a county in the rural element of its comprehensive plan: (a) In which open space, the natural landscape, and vegetation predominate over the built environment; (b) That foster traditional rural lifestyles, rural -based economies, and opportunities to both live and work in rural areas; (c) That provide visual landscapes that are traditionally found in rural areas and communities; (d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat; (e) That reduce the inappropriate conversion of undeveloped land into sprawling, low -density development; (f) That generally do not require the extension of urban governmental services; and (g) That are consistent with the protection of natural surface water flows and groundwater and surface water recharge and discharge areas. (( 2 )) (24) "Rural development" refers to development outside the urban growth area and outside agricultural, forest, and mineral resource lands designated pursuant to RCW 36.70A.170. Rural development can consist of a variety of uses and residential densities, including clustered residential development, at levels that are consistent with the preservation of rural character and the requirements of the rural element. Rural development does not refer to agriculture or forestry activities that may be conducted in rural areas. (( 2 )) (25) "Rural governmental services" or "rural services" include those public services and public facilities historically and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire and police protection services, transportation and public transit services, and other public utilities associated with rural development and normally not p. 17 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 associated with urban areas. Rural services do not include storm or sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4). (((23))) (26) "Short line railroad" means those railroad lines designated class II or class III by the United States surface transportation board. (((24))) (27) "Urban governmental services" or "urban services" include those public services and public facilities at an intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with rural areas. (((25))) (28) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources, rural uses, rural development, and natural resource lands designated pursuant to RCW 36.70A.170. A pattern of more intensive rural development, as provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth. (((26-))) (29) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110. (((27))) (30) "Very low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below fifty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. ((® )) (31) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from p. 18 E2SHB 1220.PL 1 nonwetland sites, including, but not limited to, irrigation and 2 drainage ditches, grass -lined swales, canals, detention facilities, 3 wastewater treatment facilities, farm ponds, and landscape amenities, 4 or those wetlands created after July 1, 1990, that were 5 unintentionally created as a result of the construction of a road, 6 street, or highway. Wetlands may include those artificial wetlands 7 intentionally created from nonwetland areas created to mitigate 8 conversion of wetlands. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 NEW SECTION. Sec. 7. A new section is added to chapter 36.70A RCW to read as follows: In addition to ordinances, development regulations, and other official controls adopted or amended, a city or county should consider policies to encourage the construction of accessory dwelling units as a way to meet affordable housing goals. These policies could include, but are not limited to: (1) The city or county may not require the owner of a lot on which there is an accessory dwelling unit to reside in or occupy the accessory dwelling unit or another housing unit on the same lot; (2) The city or county may require the owner not to use the accessory dwelling unit for short-term rentals; (3) The city or county may not count residents of accessory dwelling units against existing limits on the number of unrelated residents on a lot; (4) The city or county may not establish a minimum gross floor area for accessory dwelling units that exceeds the state building code; (5) The city or county must make the same allowances for accessory dwelling units' roof decks, balconies, and porches to encroach on setbacks as are allowed for the principal unit; (6) The city or county must apply abutting lot setbacks to accessory dwelling units on lots abutting zones with lower setback requirements; (7) The city or county must establish an amnesty program to help owners of unpermitted accessory dwelling units to obtain a permit; (8) The city or county must permit accessory dwelling units in structures detached from the principal unit, must allow an accessory dwelling unit on any lot that meets the minimum lot size required for the principal unit, and must allow attached accessory dwelling units on any lot with a principal unit that is nonconforming solely because P. 19 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 the lot is smaller than the minimum size, as long as the accessory dwelling unit would not increase nonconformity of the residential use with respect to building height, bulk, or lot coverage; (9) The city or county may not establish a maximum gross floor area requirement for accessory dwelling units that are less than 1,000 square feet or 60 percent of the principal unit, whichever is greater, or that exceeds 1,200 square feet; (10) A city or county must allow accessory dwelling units to be converted from existing structures, including but not limited to detached garages, even if they violate current code requirements for setbacks or lot coverage; (11) A city or county may not require public street improvements as a condition of permitting accessory dwelling units; and (12) A city or county may require a new or separate utility connection between an accessory dwelling unit and a utility only when necessary to be consistent with water availability requirements, water system plans, small water system management plans, or established policies adopted by the water or sewer utility provider. If such a connection is necessary, the connection fees and capacity charges must: (a) Be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system; and (b) Not exceed the reasonable cost of providing the service. --- END --- p. 20 E2SHB 1220.PL Attachment 2 Proposed Code Amendments 1 19.05.190 S definitions. KIM •.• NO 1 19.05.040 D definitions. "Dwelling unit" means one or more rooms in a structure or structures, excluding mobile homes and outdoor storage containers and similar structures used or designed to be used as living facilities, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory -built home or manufactured home is considered a dwelling unit under this title only if it meets the standards and criteria of a designated manufactured home established in RCW 35 ^�45 35A.63.145. There are the following 4$12 types of dwelling units: (1) `Dwelling unit, attached" means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) "Dwelling unit, detached" means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) "Dwelling unit, efficiency" means a small one -room unit, which includes all living and cooking areas with a separate bathroom. (4) "Dwelling unit, stacked" means a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. (5) "Dwelling unit, multifamily" means a building containing two or more dwelling units, which are either attached or stacked. See definition of "dwelling unit, townhouse." (6) `Dwelling unit, senior citizen housing" means housing available for the exclusive occupancy of persons over 55 years of age. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 1 of 50 (7) "Dwelling unit, small lot detached" means detached residential dwelling units developed on multifamily - zoned property. Each unit is located on its own fee -simple lot. One of the dwelling unit's sides may rest on a lot line (zero lot line) when certain site development conditions are met. (8) `Dwelling unit, special needs housing" means housing not specifically defined by this title, and which will be processed under the classification most closely related to the proposed use, as determined by the director. (9) `Dwelling unit, studio" means a one -room unit, which includes all living and cooking areas with a separate bathroom. Studios may have a wide open living space, and are typically larger than an "efficiency apartment." Studio apartments can contain a loft. (10) "Dwelling unit, townhouse" means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (11) `Dwelling unit, zero lot line townhouse" means attached residential dwelling units with common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the dwelling's sides rest on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. 02. `Dwelling unit, permanent supportive housing and transitional housing" means housing that combines low -barrier affordable housing, health care, and supportive services for individuals and families experiencing homelessness or at imminent risk of homelessness, and persons with a disabilitypresents barriers to employment and housing stability. Permanent supportive housing may prioritize people who need comprehensive support services to retain tenancy and utilize admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing. Permanent supportive housing has no limit on length of stay, whereas transitional housing is typically no more than two years. Permanent supportive housing is paired with on -site or off -site voluntary services. 1 19.05.050 E definitions. "Emergency housing and shelter" means any permanent structure that provides temporary shelter or accommodations for individuals or families who are currently homeless or at imminent risk of becoming homeless and may include day and warming centers that do not provide overnight accommodations. "Essential public facility" is any facility or conveyance that: (1) Is typically difficult to site due to unusual site requirements and/or significant public opposition; (2) Is a necessary component of a system, network or program which provides a public service or good; (3) Is owned or operated by a unit of local or state government, a private or nonprofit organization under contract with a unit of government or receiving government funding, or private firms subject to a public service obligation; and (4) Meets the following definitions of either a Class I or a Class II essential public facility: (a) Class I facilities are those facilities of a county, regional or state-wide nature intended to serve a population base that extends significantly beyond the boundaries of the city. Class I facilities Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 2 of 50 may include several local jurisdictions or a significant share of the Puget Sound regional population and may include, but are not limited to, the following: (i) State or regional education facilities (except minor branch facilities), including: research facilities, university branch campuses, and community colleges; (ii) State or regional transportation facilities, including: light and/or standard rail lines, commuter terminals, transit centers, and park -and -ride lots in residential zones; (iii) State or regional correctional facilities; (iv) Solid waste handling facilities (large scale), including: transfer stations and recycling centers; (v) Sewage treatment plants; (vi) Power plants; (b) Class II facilities are those facilities of a local nature intended to meet the service needs of the local community. Class II facilities are typically characterized by providing some type of in- patient care, assistance, or monitoring and may include, but are not limited to, the following: (i) Substance abuse facilities; (ii) Mental health facilities; (iii) Group homes/special needs housing; (iv) Local schools, including: elementary schools, middle schools, and high schools; shelters, and -release. I . Notwithstanding any provision to the eofAr-ar-y, soeial sen4ee tfansitional housing where the total number- 0 etttfi& in all zones where residential tise is pefmifted. Any seeial sefviee tfansitienal housing tha4 exeeeds the maximum nUmber- of residents allowed under- the definition of "family" must be approved under FWGG Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 3 of 50 Chapter 19.195 SUBURBAN ESTATE (SE)1 Sections: 19.195.010 Detached dwelling unit. 19.195.015—Permanent supportive housing and transitional housing. 19.195.020 Public or private stables. 19.195.030 Raising agricultural crops. 19.195.040 Keeping, raising animals, etc. 19.195.050 Other agricultural, livestock uses. 19.195.060 Churches, etc. 19.195.070 Golf course. 19.195.080 Micro -breweries, micro -distilleries, micro -wineries. 19.195.090 Day care facilities, commercial — Up to 50 attendees. 19.195.100 Schools. 19.195.110 Noncommercial sports fields, etc. 19.195.120 Community recreation areas. 19.195.130 Public transit shelter. 19.195.140 Public utility. 19.195.150 Government facility. 19.195.160 Public parks. 19.195.170 Cemeteries. 19.195.180 Accessory dwelling units. 19.195.190 Personal wireless service facility. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 4 of 50 19.195.015 Permanent supportive housing and transitional housing. The following uses shall be permitted in the Suburban Estate zone (SE) zone subject to the regulations and notes set forth in this section: USE ZONE CHART - DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS Require Minimums Maximums Required ZONE - - Required Yards Review Process Front Side each Rear Parking Spaces - USED REGULATIONS❑ Lot Size Lot Coverage Height of SE SPECIAL REGULATIONS AND NOTES Structure Permanent supportive Process 5 30 20 ft. 20 10% 30 ft. See 1. The proposed housing, in excess of 2 units, must be distanced at least '/z mile (2,640 ft.) from any other stand-alone permanent supportive housing or transitional housing and transitional III acres ft. ft. above average Notes 9 and 10 housing housingfacility, acility, as measured from the nearest points of each such property. 2. There shall be no more than 10 residences located within a single structure per lot. building elevation 3. The properly is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit Studio units — 1.25 per unit One bedroom units — 1.5 per unit Units with two bedrooms or more — 2.0 per unit. 10. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). Process L IL III and IV are described in Chapter 19.55 FWRC. For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et sm. Chapter 19.65 FWRC. For details regarding required yards, see FWRC 19.125.160 et seq. Chapter 19.70 FWRC respectively. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 5 of 50 Chapter 19.200 SINGLE-FAMILY RESIDENTIAL (RS)1 Sections: 19.200.010 Detached dwelling unit. 19.200.020 Zero lot line townhouse and townhouse (attached) dwelling units. 19.200.040 Manufactured home parks. 19.200.045—Permanent supportive housing and transitional housing. 19.200.050 Churches, etc. 19.200.060 Golf course. 19.200.080 Day care facilities, commercial — Up to 50 attendees. 19.200.090 Schools. 19.200.100 Senior citizen or special needs housing. 19.200.110 Noncommercial sports fields, etc. 19.200.120 Recreation areas. 19.200.130 Public transit shelter. 19.200.140 Public utility. 19.200.150 Government facility. 19.200.160 Public parks. 19.200.170 Cemeteries. 19.200.180 Accessory dwelling units. 19.200.190 Personal wireless service facility. 19.200.200 Urban agriculture. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 6 of 50 19.200.045 Permanent supportive housing and transitional housing. The following uses shall be permitted in the Single -Family Residential (RS,) zone subject to the regulations and notes set forth in this section: _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums Maximums - USE REGULATIONS d Required Yards ZONE re ire d Requi Lot Lot Height of Parking RS Size Front Side Rear Coverage Structure Spaces each � - SPECIAL REGULATIONS AND NOTES Review Process Permanent supportive Process See Note 20 ft. 10 ft. 20 ft. See Note 9 30 ft. above average See Notes 11 1. Minimum lot size is as follows: a. In RS 35.0 zones, the minimum lot size is 35,000 sq. ft. b. In RS 15.0 zones, the minimum lot size is 15,000 sq. ft. housing and transitional III housing 1. and 12 building c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft. elevation d. In RS 7.2 zones, the minimum lot size is 7,200 sq. ft. e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft. 2. The proposed housing, in excess of 2 units, must be distanced at least ''/z mile (2,640 ft.) from any other stand-alone permanent supportive housing or transitional housing facility, as measured from the nearest points of each such property. 3. There shall be no more than 6 residences located within a single structure per lot. 4. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 5. The housing will operate under a written community engagement plan, approved by the governingagency, gency, board, or official, which must address, at a minimum: 1) how the facility will engage with the communitT2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design, guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Maximum lot coverage is as follows: a. In RS 35.0 = 50%. b. In RS 15.0 = 50%. c. In RS 9.6 = 60%. d. In RS 7.2 = 60%. e. In RS 5.0 = 60%. f. See FWRC 19.110.020(2)(b) for calculation of lot coverage for flag lots. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 7 of 50 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums Maximums - — USE REGULATIONS Required Required Yards Lot Height of Coverage Structure Required ZONE RS SPECIAL REGULATIONS AND NOTES Lot Size Front Side each Rear Review Parking Spaces Process 10. The subject property must contain at least 400 sq. ft. of open space per dwelling unit. This includes a minimum of 200 sq. ft. of private open space for each unit and the remainder as usable common open space. Private open space may include yards, patios, and balconies. Type III landscaping 10 ft. in width shall be provided along all arterial rights -of -way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. At least 10 percent of the public open space must be developed and maintained with children's play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case the open space shall be developed with age -appropriate equipment. If the subject property contains four or more units, this required public open space must be in one or more pieces, each having both a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 percent of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit Studio units — 1.25 per unit One bedroom units — 1.5 per unit Units with two bedrooms or more — 2.0 per unit. 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). Process I, II, III and IV are described in Chapter 19.55 FWRC, For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, — — Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et sec. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et sec. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 8 of 50 Chapter 19.205 MULTIFAMILY RESIDENTIAL (RM)l Sections: 19.205.010 Zero lot line townhouse and townhouse (attached) dwelling units. 19.205.020 Small lot detached dwelling units. 19.205.030 Detached dwelling units. 19.205.040 Multifamily dwelling units. 19.205.050 Manufactured home parks. 19.205.070 Senior citizen or special needs housing. 19.205.080 Permanent supportive housing and transitional housing. 19.205.090 Convalescent centers — Nursing homes. 19.205.100 Churches, etc. 19.205.120 Day care facilities, commercial — Up to 50 attendees. 19.205.130 Schools. 19.205.140 Noncommercial sports fields, etc. 19.205.150 Recreation areas. 19.205.160 Public transit shelter. 19.205.170 Public utility. 19.205.180 Governmental facility. 19.205.190 Public parks. 19.205.200 Personal wireless service facility. 19.205.210 Urban agriculture. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 9 of 50 Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 10 of 50 19.205.080 Permanent supportive housing and transitional housing. The following uses shall be permitted in the Multifamily Residential (RM) zone subject to the regulations and notes set forth in this section: _ _ - - - USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS Require Minimums Maximums Height of Structure Required ZONE RM SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Lot Coverage Front Side — each Rear Review Parking Spaces Process ❑ ❑ Permanent supportive Process 7,200 20 ft. 5 ft. 5 ft. 60% In RM 3.6 and 2.4 zones,30 See Notes 10 1. The proposed housing, in excess of 2 units, must be distanced at least''/z mile housing and transitional housing III sa• ft. (2,640 ft.) from any other stand-alone permanent supportive housing or See Note and 11 transitional housing facility, as measured from the nearest points of each such property. 2. There shall be no more than 50 residences located within a single facility or ft. above 2 average building complex; and, the minimum amount of lot area per dwelling is as follows: a. In RM 3.6 zones, the subject properly must contain at least 3,600 sq. ft. of elevation. lot area per dwelling. b. In RM 2.4 zones, the subject property must contain at least 2,400 sq. ft. of In RM 1.8 zones, 35 lot area per dwelling. c. In RM 1.8 zones, the subject property must contain at least 1,800 sq. ft. of ft. above lot area per dwelling. 3. The property is situated proximate to, and has convenient access to, public average buildiniz transportation, shopping, health care providers, and other services and facilities elevation frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertainingto o the property or residents. 5. The housing will operate under a written communitengagement plan, approved by the governingagency, gency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for aqppropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 11 of 50 _ USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ - _ - USE REGULATIONS Require Minimums Required Yards Maximums Height of Structure Required ZONE RM SPECIAL REGULATIONS AND NOTES Lot Size Lot Coverage Front— Side each Rear Review Parking Spaces Process ❑ ❑ 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. The subject property must contain at least 400 sq. ft. per dwelling unit of usable open space usable for many activities and may include common open spaces such as plazas, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. At least 10 percent of this required open space must be developed and maintained with children's play equipment. If the subject property contains four or more units, this required open space must be in one or more pieces each having a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 percent of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit Studio units — 1.25 per unit One bedroom units — 1.5 per unit Units with two bedrooms or more — 2.0 per unit. 11. Alternativelyy, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). Process I, II, III and IV are described in Chanter 19.55 FWRC, For other information about parking and parking areas, see Chapter 19.130 FWRC. Chanter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et sec. Chapter 19.70 FWRC respectively. For details re ag rding required yards, see FWRC 19.125.160 et sec. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 12 of 50 Chapter 19.215 NEIGHBORHOOD BUSINESS (BN) Sections: 19.215.010 Office/retail. 19.215.015 Breweries, distilleries, and wineries. 19.215.020 Entertainment. 19.215.030 Vehicle service stations. 19.215.040 Schools — Day care facilities, commercial — Animal kennels or animal care facilities. 19.215.050 Multifamily dwelling units. 19.215.060 Group homes. 19.215.070 Social a transitional housing Permanent supportive housing and transitional housing. 19.215.080 Government facility, public parks, public transit shelter. 19.215.090 Public utility. 19.215.100 Personal wireless service facility. 19.215.110 Churches. 19.215.120 Funeral homes — Mortuaries. 19.215.140 Urban agriculture. 19.215.150 Senior citizen or special needs housing. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 13 of 50 19.215.070 Permanent supportive housing and transitional housing. The following uses shall be permitted in the Neighborhood Business (BN,) zone subject to the regulations and notes set forth in this section: _ - - - - USE REGULATIONS USE ZONE CHART FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards B N Required Zone Lot Lot Hei hg t of Parking Size Front Side Rear Covera e Structure S_I aces each SPECIAL REGULATIONS AND NOTES DIRECTIONS: Required Review Process Permanent supportive Process See Note 20 ft. 5 ft. 5 ft. None See Note 8 See Notes 10 1. The proposed housing, in excess of 2 units, must be distanced at least'h mile housing and transitional housing III (2,640 ft.) from any other stand-alone permanent supportive housing or 2 and 11 transitional housing facility, as measured from the nearest points of each such ro e 2. There shall be no more than 50 residences located within a single facility or complex; and, the subject property must contain at least 2,400 sq. ft. of lot area per dwelling or one acre for every 18 units. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertainingto o the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governingagency, gency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. If any portion of the structure is within 100 ft. of a single-family residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 14 of 50 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums Maximums - Required Yards BN Front Side each Rear _ - USE REGULATIONS Required Lot Size Lot Coverage Height of Structure Required Zone SPECIAL REGULATIONS AND NOTES Review Parking Spaces Process 9. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit and may include common open space such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit Studio units — 1.25 per unit One bedroom units — 1.5 per unit Units with two bedrooms or more — 2.0 per unit. 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(21. Process I, II, III and IV are described in L For other information about parking and parking areas, see Chapter 19.130 FWRC. Chanter 19.55 FWRC, Chapter 19.60 FWRC, — For details of what may exceed this height limit, see FWRC 19.110.050 et sec. Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et sec. Chapter 19.70 FWRC respectively. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 15 of 50 Minimums ReEpair-ed. Height afRequir-e Review Le} Par-king feeess Sj,e e1�Reaf C4vw4„ru Spaees USE REGULAT-10 () - r SPECIAL REGULATIONS n'f'IONS AND NOTES f EI Seei,.l seFyiees gP9@ess Nerve 2-0 04t 8 3-5-� Peter -mine 1 The sit., m permit these uses only if--. tfansiti. nal housing U4 €L €L aloe on a ease a. A stand alone faeilit-y is distaneed at least 1,000 ft. fFem any other- stand alone f4eility See «..4..s /I C Vp-GsG building ba&is b. The f4eility and program seewes and maintains all lieenses andlor- approvals as .,here the teta .ry.be- ",a.`+" elevation r-e"ir-ed by 4i.e state of residents does no e*eeed the fnaximu See Bete publie ,shapping,health , Ge"entl y „t:lized by the i ents of the p peft. the definition -of .] The p .ill he operated under- the thit-y e f ..t4blg L.ea-.1 avrrvx ere at e - e ae rt e , "family." Set or to w-hem staff afe responsible an , RG 1 n 1 0 ncn who .ill be available to sity a ffi i lsi f eees ,�. a L'[lte r-e elye eefteeffis peftainin . to the e. The f s;l;t.. will have staffing supen4sion, and se f4y a e e..ts appropriate to the P .. be« of elients and to its hour-s of operation. near-byof an r-esidenees. g The f eil;t. has adequate eg street par -king and the .,ppeafanee eonforms ...;th the ehar-aeter- of stfffottnding uses. h The f eility ; in eemplianee with applicable health, fire building and safety i. Thp, rate under- a written management plan, approved by the govemi-ag , the F„11 foree and e fF et ., if they were set f fth in fitil in this ehapter. tmits or oeetipaney r-ooms or- suites permitted in a stand alone development based on t Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 16 of 50 _ - D T USE ZONE CHART DIRECTIONS: LTUCT, read-�;m use ... THEN, aer66f . REGULATIONS - i�jT���� irvi r 7 Revie P-�ss Minimums C4.•....4.. «.. Parking spaees - SPECIAL T REGULATIONS TT A TIONS AND ATl1TL' C The „i fie the the « tha+ be Loused in the L-e4 t� Frei [� 1�i a. s naPd.-e of oeetipaney and s will proposed development. h The the the dwelling ,.nits ,.oeettpaney „i fie size of r-eemsor-suites and s n figuf tion of the facilities ,,.:thin these units, Y n1 ,items The : , the develep e-- e. aets near -by residential uses of proposed . 3. A than five the total dwelling in minimum of one unit and no mor-e pefeent of units -a mixed use development may he seeialser-viees tF nsitien.,l housing deter -mined , a ease by ease basis then that the 30 ft. r-esiden4ial zone, peftion of stmeture shall not exeeed above aver -age pro«eft., line of the residential zone. by development buffers, lot landseaping, other site e •>required padEing .f f ee ..,ten f eil:t:e.. et.. 7. For- desigfi that to the Chapter- 19.115 FWR eommtmity guidelines apply pr-ojeet, see 9. For- landseaping that te the Chapter- 19.125 FWRC=. r-eqiiifements apply pfejeet, see (Gent:n..ed e * « . D«,.,. e.... T TT TTT and Al ....,. ,7,...,.«:1.,.,] :« _ _ _ _ _ _ L Ti,..- ,.tT.eF inF ,... -ration ..bout .,ar4i..g and parking... e !''hapte« 19.130 FIAT C Chapter 1 n Ec T IMx G Ct.,...4e.. 19cn ❑xxlDG - - - - - r,... det„:1.. ,.F,..t..,t may eed this height limit a FIAT r 1 n 1 1 n 050 e Chapter 1 n 5 D AIRC e Ct.....4e.- t � 1; xxroC .- .el.. .see FIAIRG 19.125.160 et seq. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 17 of 50 _ _ - USEi� r J USE ZONE D T CHART • x:TDCT read down te find se THEN ,yEr-ess fer-REGULATIONS Dl"GTTlxN Require Nfinifffflffis Ret& of PFAE n SPECIAL D L'!`_T TT A T7l1TTC AND NOTES Let Required Yards - to the stib•eet p eFt.. D.-..,.ess T TT TTT and1V are described :„ rh..„te.. 49,60 rxxror - - - - For detail. ,.c...T.a ., rl,apt.« 19,65 Dxx/Dr,e Chapter 1 n'In T: xx7D r.-.el., For s ro.-aye eed this height limit see rxxror 19.110.050 e detail.,riling required yards, o FWRC� 1 O 17c 1 Gn et seEl Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 18 of 50 Chapter 19.220 COMMUNITY BUSINESS (BC) Sections: 19.220.010 Office/retail — Manufacturing and production, limited. 19.220.015 Breweries, distilleries, and wineries. 19.220.020 Entertainment — Generally. 19.220.030 Vehicle and equipment sales, service, repair, rental — Self-service storage facilities. 19.220.040 Schools — Day care facilities, commercial — Animal kennels. 19.220.050 Multifamily dwelling units. 19.220.060 Hotels — Motels. 19.220.070 Hospital facilities — Convalescent centers — Nursing homes. 19.220.080 Senior citizen or special needs housing. 19.220.090 Group homes. 19.220.100 Permanent supportive housing and transitional housing. 19.220.105—Emergency housing and shelter. 19.220.110 Government facility, public parks, public transit shelter. 19.220.115 Public utility. 19.220.120 Personal wireless service facility. 19.220.130 Churches. 19.220.140 Urban agriculture. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 19 of 50 _ - iTc�,. W� I e USE ZONE DIRECTIONS n T CHART . LTDCT fea �f1n use iiEL-NTaeiesJ'f f DDG�T ATIONS R � Miniffmms �f �g �b � - SPECIAL REGULATIONS ATIONS AND NOT-'C Let Let � Re e.l Var.ls (eaeh7 Reef Process Soeinl se fyiees tfansit;enal heusing _ p. Uev:tted ee#igl.t .,ea the total v.nv 12focess M None 2-0 4, 04. 8 4, 35ft. AOVe �e elevation T1�toT, mine en a ease � ba-si 1 The eity may « fmit these , .. o «l:F• A f4eility is distEmeed least 1,000 a. stand alene at F eility . «.lef this elassi fieation � �Wilding o,„g.e 4w"'Y nd b.41n ntn4n off;,ent. do e exeeed the number- allowed wide the definition -of See > WRG 10 1 nc n6n (_A_A_BE) to 55 ft. . tr-anspoi4ation, health f6eilities - See notesand and 11 ptiblie shopping, eare providers, and other- sen,iees and f eq ently nt:lized by the ,. .,;,lent., of the p eft., a The p ,ill be operated . «lef the authority of a reputable gwg beard, See notes 4, 5 8 , € y'. The f6eility have e. will staffing, super -vision, and seetifity afrangements appr-epr-ia epefatien to the n ff lbef e f el;en4s a -ad to itshours of The fkility has the the g. adequate off street par -king and appear-anee eenfeltrfls with ehafaetef of au. -founding uses. h The f ,.flit., : panee l;bllth a pl;eae health, fife, building, f bld with e e and safe �� fate . n.lef a ,.-:tten plan i. Th. f e;lit-f by the will o management approved standards, be followed ha-,�e the ffill for-ee if they fafth in fW! in shall and and effeet as were set Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 20 of 50 C Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 21 of 50 _ _ iT��,. CDf7 TTCE ZONE C14nUT DIRECTTON& FIRST, read to find ..SE ... iH_EN, 2E£69:fe. narv11LAT-IONS Required � Pam$ Minii 9 Hei& O C� Required De AEing s - SPECIAL T REGULATIONS AND NOTES LetSide � Required afds Ffen / l`-eff detefmined by development ifed le othef site par -king lee.,«:«.. .-fee ,...,tef f eilit:e.. etc > > > ve,e lan 7Fof a nity design guidelines that apply to the « e,.r !`haptef 12.115 F IRC 10. D e f .f to Chapter- 1 () FI IRG to .lete. ««eyisi„ns this title mine what othe« R ft of may apply to the s*eet pfoperty. n BF) to ., e e building 25 ft. 55 ft. A A BF elevation (A exeeed above maximum of if all of the f llewi .•ite.-ia are et• The height is to the additional fleeessai=y st4wttifal, equipment, or aeeommodate in the a. the eper-atienal needs of iise eendoeted 1 G ft . flee . -to ee:ling height have .- 1 2 ft. .,mini«.depth m of and of 1. Reight e «lies with note -5 Height e 35 # is set b ek fom « family by ft e. f single zones o additional fef eaek ane ft. oif height ever 35 ft.; and th-e..gh vafiatiefis in r-eef l.eigh40 f..mso angles,-n ma4e.•:..le Process T TT TTT and Al a fe ,1e..,..-:bed :« !''1.apt.« 1 n C5 DlAaC For ethe in-4F .-«...ti......bout ..ar4c:.... and «...d.:..g e e Chapter 1 (]1 MIII D\D!' Chapter 1 (1 60 T: ARIDC, � Chapter 1 (1 LC FIAT C, Fordetails of. hat may exceed this height limit see FNVR ` 19.110.050 et seq. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 22 of 50 19.220.100 Permanent supportive housing and transitional housing. The following uses shall be permitted in the Community Business (BC) zone subject to the regulations and notes set forth in this section: _ _ - _ - USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums Maximums Required Parking Spaces BC Zone SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Lot Coverage Height of Structure Front Side each Rear Review Process ❑ ❑ Permanent supportive Process None 20 feet adjacent None 55 ft. above average building elevation (ABE) See notes 9 See Notes 14 and 15 1. The proposed housing, in excess of 2 units, must be distanced at housing and transitional housing III to RS or SE zones least''/2 mile (2,640 ft.) from any other stand-alone permanent supportive housing or transitional housing facility, as measured from the nearest points of each such property. 2. There shall be no more than 50 residences located within a single _ facility or complex. 3. The property is situated proximate to, and has convenient access to public transportation, shopping, health care providers, and other and 10 services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governingagency, gency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the cityprior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community. design guidelines that apply to the project, see Chapter 19.115 FWRC. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 23 of 50 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ - _ - USE REGULATIONS Required Minimums Maximums Height of Structure Required Parking Spaces BC Zone SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Rear Lot Coverage Front Side — each Review Process 9. Building height may not exceed 30 ft. above average building elevation for the portion of the building located within 100 ft. from a single-family residential zone. 10. All buildings except for related parking structures up to 65 ft. in height (,six stories), must be gabled with pitched roofs, unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 11. Housing and accessory living facilities may be located on the ground floor only as follows: (a) ground level space that spans at least 60 percent of the total length of the principal commercial facade of all buildings, as determined by the director, is occupied with one or more other use(s) allowed in this zone; and (b) ground level space that spans at least 40 percent of the total length of all other street -facing facades of all buildings is occupied with one or more other use(s) allowed in this zone. Parkin in n conjunction with other uses allowed in this zone may also be located on the ground floor of the structure if non -visible from the right-of-way or public areas. 12. All nonresidential ground floor spaces must have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft. 13. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit, and may include private spaces such as yards, patios, and balconies, as well as common areas such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. 14. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit Studio units — 1.25 per unit Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 24 of 50 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums Maximums Required Yards - BC _ Required Required Zone Review - Lot Lot Height of Parking Process Size Front Side — Rear Coverage Structure Spaces USE REGULATIONS each - SPECIAL REGULATIONS AND NOTES One bedroom units — 1.5 per unit Units with two bedrooms or more — 2.0 per unit. 15. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2), Process L IL III and IV are described in L For other information about parking and parking areas, see Chapter 19.130 FWRC. Chester 19.55 FWRC, Chapter 19.60 FWRC, - For details of what may exceed this height limit, see FWRC 19.110.050 et sec. Chanter 19.65 FWRC. For details regarding required yards, see FWRC 19.125.160 et seq. Chapter 19.70 FWRC respectively. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 25 of 50 19.220.105 Emergency Housing and Shelter. The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: _ USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ " - - USED REGULATIONS❑ Require Minimums Height of Required Parking Spaces BC Zone SPECIAL REGULATIONS AND NOTES Lot Size Required Yard s � Review Process Front Side — each Rear Structure Emergency housing and Process III None 5 ft. See notes 1 45 ft. above average building elevation See Notes 13 1. Minimum side and rear yards shall be 20 feet adjacent to residential zones and 5 ft. shelter and 2 and 14 adjacent to all other zones. 2. The city may permit these uses only if: a. A stand-alone facility is distanced at least 1,000 ft. from any other stand-alone _ Except 20 ft. along simile- family residential facility under this classification or public school, as measured from the nearest points (AABE) to 55 ft. AABE See Notes of each such property. b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public zones See Note 10 transportation, shopping, health care providers, and other services and facilities 6 and 7 frequently utilized by the residents of the property. oard, d. The program will be operated under the authority of a reputable governingboard, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 26 of 50 _ USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ Minimums - - - USED REGULATIONS❑ Require Required Yards Height of Required Parkin Spaces BC Zone SPECIAL REGULATIONS AND NOTES b. The size of the dwelling units or occupancy rooms or suites and the specific Lot Size Review Process Front Side each Rear Structure configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4. A minimum of one unit and no more than five percent of the total dwelling units in a mixed -use development may be social services transitional housing 5. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case -by -case basis. 6. If approved by the director of community development, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft.; b. Height also complies with note 7; c. Height over 40 ft. is set back from nonresidential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. 7. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. Process I, II, III and IV are described in Chanter 19.55 FWRC, For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et sec. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 27 of 50 1 19.220.100 Emergency housing and shelter. (Continued) _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums - Required Yards - BC Front Side each Rear - - USE REGULATIONS Required Lot Size Hdght of Structure Required Zone SPECIAL REGULATIONS AND NOTES Review Parking Spaces _� Process 8. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 10. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 12. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 13. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit Studio units — 1.25 per unit One bedroom units — 1.5 per unit Units with two bedrooms or more — 2.0 per unit. 14. Alternatively, an gpplicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). Process I, II, III and IV are described in L For other information about parking and parking areas, see Chapter 19.130 FWRC. Chanter 19.55 FWRC, Chapter 19.65 FWRC, 19.For details of what may exceed this height limit, see FWRC 19.110.050 et sec. FWRC, For details regarding required yards, see FWRC 19.125.160 et sec. Chapter 19.70 FWRC respectively. - - - Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 28 of 50 Chapter 19.225 CITY CENTER CORE (CC—C)1 Sections: 19.225.010 Office use. 19.225.015 Breweries, distilleries, and wineries. 19.225.020 Retail use. 19.225.030 Retail shopping center, regional. 19.225.040 Entertainment. 19.225.050 Hotel, convention or trade centers. 19.225.055—Emer2ency housing and shelter. 19.225.060 Parking garages. 19.225.070 Multifamily dwelling units, senior citizen, or special needs housing. 19.225.075—Permanent supportive housing and transitional housing. 19.225.080 Hospital — Convalescent centers — Nursing homes. 19.225.090 Schools — Day care facilities, commercial. 19.225.100 Government facility, public parks, public transit shelter. 19.225.110 Public utility. 19.225.120 Personal wireless service facility. 19.225.130 Churches. 19.225.140 Urban agriculture. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 29 of 50 19.225.055 Emergency Housing and Shelter. The following uses shall be permitted in the City Center Core (CC-C) zone subject to the regulations and notes set forth in this section: _ - - - - E REGULATIONS USE USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums Height of Structure Required Parkin S aces � CC-C Zone SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Side Front Review Process each Rear Emergency housing Process None 20 ft. 5 ft. 70 ft. or 200 ft. See Note 5 See Notes 1. Minimum side and rear yards shall be 20 feet along residential zones and 5 ft. and shelter III 11 and 12 along all other zones. 2. The ci , maypermit these uses only if: a. A stand-alone facility is distanced at least 1,000 ft. from any other stand- alone facility under this classification or public school, as measured from the nearest points of each such property b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility, e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. £ The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governingagency, gency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community) how the facility will respond to community complaints or concerns: and, 3) who is the point of contact for the community. plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 30 of 50 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums - Required Yards CC-C Front Side — each Rear _ - USE REGULATIONS Required Lot Size Hei hg t of Structure Required Parkiniz Spaces Zone SPECIAL REGULATIONS AND NOTES Review Process 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4.. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case -by -case basis. 5. Building height may be increased from the permitted outri hg t height of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. Process I, II, III and IV are described in Chapter 19.55 FWRC, For other information about parking and parking areas, see Chapter 19.130 FWRC. Chanter 19.60 FWRC, Chester 19.65 FWRC. For details of what may exceed this height limit. see FWRC 19.110.050 et sec. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et sec. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 31 of 50 1 19.225.055 Emergency housing and shelter. (Continued) _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards - CC-C Front Side each - _ USE REGULATIONS Required Lot Size Rear Height of Structure Required Zone SPECIAL REGULATIONS AND NOTES Review Parking Spaces _ Process 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit Studio units — 1.25 per unit One bedroom units — 1.5 per unit Units with two bedrooms or more — 2.0 per unit. 12. Alternatively, an gpplicant may choose to submit a parking study in accordance with FWRC 19.130.080(21 Process I, II, III and IV are described in Chanter 19.55 FWRC. For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et sec. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et sec. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 32 of 50 19.225.075 Permanent supportive housing and transitional housing. The following uses shall be permitted in the City Center Core (CC-C) zone subject to the regulations and notes set forth in this section: _ _ - - - USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums Required Yards Maximums Lot Height of Coverage Structure Required Parkin aces Spaces CC-C Zone REGULATIONS AND NOTES Lot Size Front — Side each Rear Review Process Permanent supportive Process None 10 feet None 70 ft. or 200 ft. See Notes 11 See Notes 16 and 17 1. The proposed housing, in excess of 2 units, must be distanced at least'/2 housing and transitional housing III mile (2,640 ft.) from any other stand-alone permanent supportive housing or transitional housing facility, as measured from the nearest points of each such property. 2. There shall be no more than 110 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, and 12 public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a mutable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2L the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the cityprior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Where the building is located near right-of-way, the ground floor must consist of non-residential space(s) with a minimum floor -to -ceiling height Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 33 of 50 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ - _ _ USE REGULATIONS Required Minimums Maximums Height of Structure Required Parking Spaces CC-C Zone SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Rear Lot Coverage Front Side — each Review Process of 13 ft., or, residential spaces that contribute an active presence to the streetscaye. 10. Primary building entries to residential, retail, or parking must face an arterial street with no multifamily residential ground -floor parking visible from arterial streets. 11. All buildings, except for related parking structures up to 65 ft. in height (six stories), must be with pitched roofs, unless the building is taller ,gabled than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 12. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 13. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private open spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p= patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu of payment may be utilized for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 14. Any common open space requirements may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 15. Surface parking areas must be located so that they are not visible from arterials or pedestrian oriented walkways. When determined by the director or designee that such requirement is not feasible, surface parking may be screened from public view by a compact evergreen hedge, a solid wall or fence, or in a manner approved by the community development director or designee. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 34 of 50 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums Maximums Required Yards - CC-C _ Required Required Zone Review _ Lot Lot Height of Parking Process Size Front Side — Rear Coverage Structure Spaces USE REGULATIONS each SPECIAL REGULATIONS AND NOTES 16. 4-Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit Studio units — 1.25 per unit One bedroom units — 1.5 per unit Units with two bedrooms or more — 2.0 per unit. 17. Alternatively, an gpl2licant may choose to submit a parking study accordance with FWRC 19.130.080(2).6 Process I, II, III and IV are described in Chanter 19.55 FWRC, For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding_required yards, see FWRC 19.125.160 et seq. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 35 of 50 Chapter 19.230 CITY CENTER FRAME (CC-F)1 Sections: 19.230.010 Office use. 19.230.015 Breweries, distilleries, and wineries. 19.230.020 Retail use. 19.230.030 Entertainment, etc. 19.230.040 Vehicle service station. 19.230.050 Hotel, convention and trade centers. 19.230.055—Emergency housing and shelter. 19.230.060 Multifamily dwelling units, senior citizen, or special needs housing. 19.230.065—Permanent supportive housing and transitional housing. 19.230.070 Group homes. 19.230.090 Schools — Day care facilities, commercial. 19.230.100 Hospitals — Convalescent centers — Nursing homes. 19.230.110 Parking garages. 19.230.120 Government facility, public parks, public transit shelter. 19.230.130 Public utility. 19.230.140 Personal wireless service facility. 19.230.150 Churches. 19.230.160 Urban agriculture. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 36 of 50 19.230.055 Emergency Housing and Shelter. The following uses shall be permitted in the City Center Frame (CC-F) zone subject to the regulations and notes set forth in this section: _ - - - - USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums Required Yards Height of Required Parkin g Spaces CC-F Zone SPECIAL REGULATIONS AND NOTES Lot Size Front Side — each Rear Review Process Structure Emergency housing Process None 5 ft. See notes 1 and 2 45 ft. above average buildiniz elevation See Notes 11 and 12 1. Minimum side and rear yards shall be 20 feet along residential zones and 5 ft. along and shelter III all other zones. 2. The city may permit these uses only if: a. A stand-alone facility is distanced at least 1,000 ft. from any other stand-alone See note 8 facility under this classification or public school, as measured from the nearest points of (AABE) each such property b. The facili and program secures and maintains all licenses and/or approvals as to 55 ft. AABE See notes , required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, 4 and 5 social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 37 of 50 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ - _ - USE REGULATIONS Required Minimums Required Yards Hei hg t of Required Parking Spaces CC-F Zone SPECIAL REGULATIONS AND NOTES a. The specific nature of the occupancy and the persons that will be housed in the Lot Size Front Side — each Rear Review Process Structure proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4. If approved by the director of community development, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft.; b. Height also complies with note 5; c. Height over 40 ft. is set back from all residential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. 5. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single- family residential zone. Process I, II, III and IV are described in Chanter 19.55 FWRC, Chanter 19.60 FWRC, Chapter 19.65 FWRC. Chapter 19.70 FWRC respectively. _ For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et sec. For details regarding required yards, see FWRC 19.125.160 et sec. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 38 of 50 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums - Required Yards CC-F Front Side — each Rear _ - USE REGULATIONS Required Lot Size Hei hg t of Required Parking Spaces Zone SPECIAL REGULATIONS AND NOTES Review Process Structure 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit Studio units — 1.25 per unit One bedroom units — 1.5 per unit Units with two bedrooms or more — 2.0 per unit. 12. Alternatively, an gpplicant may choose to submit a parking study in accordance with FWRC 19.130.080(21. Process I, II, III and IV are described in Chanter 19.55 FWRC. For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chanter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et sec. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 39 of 50 19.230.065 Permanent supportive housing and transitional housing. The following uses shall be permitted in the City Center Frame (CC-F,) zone subject to the regulations and notes set forth in this section: _ _ - - USE❑ REGULATIONS[]SPECIAL USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums Maximums Required CC-F Zone REGULATIONS AND NOTES Lot Size Required Yards q Lot Coverage Height of Structure Review Process Front Side each Rear Parking Spaces Permanent supportive Process None 10 feet None 70 ft. or 85 ft. See Notes 9 and 10 See Notes 15 and 16 1. The proposed housing, in excess of 2 units, must be distanced at least ''/z mile housing and transitional III (2,640 ft.) from any other stand-alone permanent supportive housing or transitional housing _ housing facility, as measured from the nearest points of each such property. 2• There shall be no more than 110 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or agency, or proprietor, to whom staff ,government are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governingagency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Building height may be increased from the permitted outright height of 70 ft. to 85 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 10. Structures on property that adjoins a single-family residential zone shall be set back a minimum of 20 ft. from the property line adjacent to the single-family residential zone. The height of structures shall not exceed 30 ft. above average building elevation when located within 100 ft. from such property line, unless the project proposes utilizing an existing building. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 40 of 50 _ USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ Minimums Maximums - - Require Hei hg t of Required CC-F Zone Lot Required Yards Lot Review Pam - USED REGULATIONS❑ Process Size Front Side — each Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES 11. All buildings except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs, unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 12. Where the building is located near right-of-way, the ground floor must consist of non-residential space(s) with a minimum floor -to -ceiling height of 13 ft.; or, residential spaces that have been designed to contribute to an active presence to the streetscape. 13. The subject propeLty must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 14. Any common open space requirements may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 15. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit Studio units — 1.25 per unit One bedroom units — 1.5 per unit Units with two bedrooms or more — 2.0 per unit. 16. Alternatively, an pplicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). Process I, II, III and IV are described in Chapter 19.55 FWRC, For other information about parking and parking areas, see Chapter 19.130 FWRC. Chanter 19.60 FWRC, - Chaater 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et sec. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et sec. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 41 of 50 Minimums Require Yards- Requife Height af R owi Law L-6t Ct.-.,..t,,, Par-king �e Re Side l es - SPECIAL REGULATIONS TT A TIONS AND NOTES 1 11 Seeiali--sett iice3 gi6eess Neffe z� O- 8 3-5- Peter -mine 1 The eity m pefmit these uses only if--. tfansitional housing M fl, & above on a ease a. A stand .,lone f eil:t is .listanee.l ..t least 1,000 # F em.. other- stand alone DeFmitte,l e t.-igk g�T building ba&is b. The f4eility and program seewes and maintains all lieenses andlor- approvals as .,here the tet..l « .-«be - elevation .-e.l by the st..te of residents .lee no _ e. The *eet « e.- y is situated in ele a pfoximity to and has e e «t e*eeed the maximu See note and f eilities Fe"e«tl y .,tilized by the «esi lent., of the « «ert.. the definition -of .] The program .ill he operated tinder- the thty of gFS avrro ere authority reputablee "filly."" See l.e r-seeial se ie e e«tageney, or-pr-ete to whenn st-A-9anFe - > WRG 1 n 10 ncn eeneefns e«taining to the f edit.. e. The facility will have staffing, supen4sion, and se .-:ty afr-angements . to to the number- of elie«ts and to its hour-s of operation. near -by r-esidenees g The f e:lity has adequate off street pa -king and the .,ppeafaffee of rms ...:th the eh. faete.- of stt-.-ettnding h The f edit. ; in eemplianee with applicable health, fire, building and safety Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 42 of 50 _ - D T USE ZONE CHART DIRECTIONS: LTDCT, '2afind use . THEN, cEr69u for- REGULATIONS - i$ USE r 7 l� l finis C4.-....4..«.. g ��"_-"es - SPECIAL T REGULATIONS A TIONS AND Nl1TL' C The the th..t ww ill be housed in the the '-64 M1 11C'111C „ ` 1`eaeh)-_' l s eifie nature of a. oeetipaney and p s proposed development. h The the e:f:e the dwelling ,.oeeWaney size of units foomsor-,:tos and s .,f;.w...-..tie of the facilities ,.within those units, «n1 of suites. The : , the devel,...« e. aets near -by residential uses of proposed e-- development. D«....e.... T TT TTT ,.«a TV ,. a ,1 e..,.«:he,1 : - - - - - - L -Fe« ethe« ..F r.---a4on a....4 parka..g and ki parng areas, e Chapter- gro ' Chapter 1 o GG DTxroC :ihe 1 n 1 2n pA Chapter 10 (n Per details ,.v...h..t may ees heightfnsee L'xx7D C 19 1 1 n 050t ese Chapter In GG C\xID!'' a thisliit - - - Tie« details ia ile T:Tx-C-, 1 n 1 Gn e (`h.....t,.« 19,70 DTxro r,�«,........,.tiw...h, regarding «equreyards, 7R17G seq. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 43 of 50 D«....,.....haptef T TT TTT ..«,1 Txl ..«.. ,1....,.«:1.,.,1 :« Pfeeess 1, 1 GG and _ _ _ _ _ _ L Fa f athef i... faff atian a1 aut «Id..,...nd .. afk «eas see rT.apt f 12.130 FIAIRG rT.,....,,.. 1n cn rxxror - - - - Fai act"'i8 ^f 'v'v iat ••, v tliio i^'^t' 1'«.' ^^ F �x,P 19.110.050 et seq. Chapter 19.65 >: xxror o�ai a o may exeee o.. eight ::.�.�.� ee Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 44 of 50 Chapter 19.240 COMMERCIAL ENTERPRISE (CE)1 Sections: 19.240.010 Manufacturing and production, general. 19.240.020 Warehouse — Distribution — Storage facilities — Truck stops — Automotive emissions testing facilities. 19.240.030 Commercial photography — Communications — Product testing — Industrial laundry facilities. 19.240.040 Hazardous waste treatment and storage — Chemical manufacturing — Gravel batch plant — Transfer station. 19.240.050 Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair — Self-service storage — Tow and taxi lots. 19.240.060 Retail — Bulk retail. 19.240.070 Retail, general and specialty — Manufacturing and production, limited. 19.240.080 Office uses. 19.240.085—Permanent supportive housing and transitional housing. 19.240.090 Hotels — Motels. 19.240.095—Emergency housing and shelter. 19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels. 19.240.110 Entertainment — Generally. 19.240.115 Breweries, distilleries, and wineries. 19.240.120 Entertainment — Adult entertainment, activity, retail, or use (adult uses). 19.240.125 Public utility. 19.240.130 Government facilities, public parks, public transit shelter. 19.240.140 Personal wireless service facilities. 19.240.160 Churches. 19.240.170 Urban agriculture. 19.240.180 Group homes. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 45 of 50 19.240.095 Permanent supportive housing and transitional housing. The following uses shall be permitted in the Commercial Enterprise (CE,) zone subject to the regulations and notes set forth in this section: _ _ - _ - USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS CE Zone SPECIAL REGULATIONS AND NOTES Required Minimums Required Yards Maximums Height of Required Lot Size Lot Coverage Front Side — each Rear Review Process Parkin Spaces Structure ❑ ❑ Permanent supportive Process None 5 ft. See Note 12 None 45 ft. above average building elevation See Notes 13 and 14 1. The proposed housing, in excess of 2 units, must be distanced at least 'h mile housing and transitional housing III (2,640 ft.) from any other stand-alone permanent supportive housing or transitional housing facility, as measured from the nearest points of each such propewy. 2. There shall be no more than 110 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, public (AABE) to 55 ft. AABE and four floors See Notes 9 and 10 transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertainingto o the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governingagency, gency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. If approved by the director, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft.; b. Height complies with note 10; Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 46 of 50 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums Maximums - Required Yards CE Front Side — each Rear _ - USE REGULATIONS Required Lot Size Lot Coverage Height of Required Zone SPECIAL REGULATIONS AND NOTES Review Process Parking Spaces Structure c. Height over 40 ft. is set back from all residential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. 10. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. 11. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, unds, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 12. Minimum side and rear yards shall be 20 ft. adjacent to single-family residential zones and 5 ft. adjacent to all other zones. 13. Parking, spaces shall be provided as follows: Efficiency units — 1.0 per unit Studio units — 1.25 per unit One bedroom units — 1.5 per unit Units with two bedrooms or more — 2.0 per unit. 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). Process I, II, III and IV are described in Chanter 19.55 FWRC, For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chanter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 47 of 50 19.240.095 Emergency housing and shelter. The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section: _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ - _ - USE REGULATIONS Required Minimums Height of g Required ZONE E _ SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Side Rear each Front Review Process Parking Spaces Structure 0 Emergency housing Process None 5 ft. See notes 45 ft. above average building elevation See Notes 10 1. Minimum side and rear yards shall be 20 feet adjacent to single family residential and shelter III 1 and 2 zones and 5 ft. adjacent to all other zones. 2. The city may permit this use only if a. The proposed facility is distanced at least 1,000 ft. from any other stand-alone See note 3 and 11 facility under this classification or public school, as measured from the nearest points of AABE to 55 ft. AABE See notes each such property b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities 3 and 4 frequently utilized by the residents of the property. d. The facility will be operated under the authority of a reputable governingboard, oard, social service, or government agencyproprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertainingto o the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 48 of 50 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ - Minimums Required Yards ZONE Front Side — each Rear _ - USE REGULATIONS Required Lot Size Hei ht of g Required C E _ SPECIAL REGULATIONS AND NOTES 3. If approved by the director, the height of a structure may exceed 40 ft. above average Review Process Parking Spaces Structure 0 building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft.; b. Height also complies with note 4; c. Height over 40 ft. is set back from nonresidential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. 4. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single- family residential zone. Process I, II, III and IV are described in Chanter 19.55 FWRC, For other information about parking and parking areas, see Chapter 19.130 FWRC. Chester 19.6FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et sec. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et sec. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 49 of 50 1 19.220.100 Emergency housing and shelter. (Continued) _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards - CE Front Side each - _ USE REGULATIONS Required Lot Size Rear Height of Structure Required Zone SPECIAL REGULATIONS AND NOTES Review Parking Spaces _ Process 5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit Studio units — 1.25 per unit One bedroom units — 1.5 per unit Dwelling units with two bedrooms or more — 2.0 per unit. 11. Alternatively, an gpplicant may choose to submit a parking study in accordance with FWRC 19.130.080(21 Process I, II, III and IV are described in Chanter 19.55 FWRC. For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et sec. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et sec. Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter File 21-103086-00-UP Attachment A — Proposed Code Amendments Page 50 of 50 Attachment 3 Permanent Supportive Housing and Transitional Housing Capacity Map Scenario 1: -'/2 mile separation -18 high/medium capacity locations -1,260 capacity