2025-01-22 Planning Board PacketAgenda
Edmonds Planning Board
REGULAR MEETING
BRACKETT ROOM
121 5TH AVE N, CITY HALL - 3RD FLOOR, EDMONDS, WA 98020
JANUARY 22, 2025, 7:00 PM
REMOTE MEETING INFORMATION:
Meeting Link:https://edmondswa-
gov.zoom.us/s/87322872194?pwd=WFdxTWJIQmxlTG9LZkc3KOhuS014QT09 Meeting ID: 873 2287
2194 Passcode:007978
This is a Hybrid meeting: The meeting can be attended in -person or on-line. The physcial
meeting location is at Edmonds City Hall 121 5th Avenue N., 3rd floor Brackett R000m
Or Telephone :US: +1 253 215 8782
LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES
We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and
their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and
taken care of these lands. We respect their sovereignty, their right to self-determination, and we
honor their sacred spiritual connection with the land and water.
1. CALL TO ORDER
2. ANNOUNCEMENT OF AGENDA
3. APPROVAL OF MINUTES
4. AUDIENCE COMMENTS
For topics not scheduled for a public hearing. Please limit your comments to 3 minutes.
5. PUBLIC HEARINGS
A. Native Plant Demo Garden Renaming Proposal
6. UNFINISHED BUSINESS
A. Neighborhood Centers and Hubs Code Update
7. NEW BUSINESS
A. Introduction to STEP Housing (File AMD2024-0006)
8. ADMINISTRATIVE REPORTS
9. SUBCOMMITTEE REPORT
10. PLANNING BOARD EXTENDED AGENDA
A. Extended Agenda
Edmonds Planning Board Agenda
January 22, 2025
Page 1
11. PLANNING BOARD MEMBER COMMENTS
12. PLANNING BOARD CHAIR COMMENTS
A. Chair Notes
13. ADJOURNMENT
Edmonds Planning Board Agenda
January 22, 2025
Page 2
5.A
Planning Board Agenda Item
Meeting Date: 01/22/2025
Native Plant Demo Garden Renaming Proposal
Staff Lead: Angie Feser, Director
Department: Parks, Recreation & Human Services
Prepared By: Angie Feser
Background/History
Long time Edmonds resident Susie Schaefer founded what is now known as the Edmonds Wildlife
Habitat and Native Plant Demonstration Garden (demo garden) in 2009, when she mobilized large
groups of volunteers to remove dense thickets of invasive plants and plant hundreds of native plants in
their place in an overgrown area adjacent to the Willow Creek Hatchery at 95 Pine Street. Within a year,
the garden was certified as a Wildlife Habitat by the National Wildlife Federation (NWF), and served as a
learning center for Edmonds residents, who attended free classes and workshops coordinated by Susie
to learn how to create habitat for wildlife on their own properties. Within a short time, the City of
Edmonds was recognized as a certified Community Wildlife Habitat by NWF, becoming only the 41st city
in the country to receive that recognition at the time.
Since its inception, the demo garden has served as a hub for the Edmonds community by offering
learning and service opportunities for all ages. In 2017, the hatchery became the operational
headquarters of Sound Salmon Solutions and the Edmonds Stewards, who use the garden as an outdoor
classroom to host a broad range of community groups from Scout troops to horticultural classes from
Edmonds College. A tireless advocate for the environment with a lifelong dedication to community
service, Susie has repeatedly been recognized by her community and by elected officials for her many
contributions to the City.
PROCFSS
The City of Edmonds has a park naming policy (attached) which allows for "the naming of parks, park
areas, and park facilities". Criteria for name selection is found in Sect F stating "Outstanding
accomplishments by an individual for the good of the community. Quality of the contribution should be
considered along with the length of service by the individual - this to be fully substantiated by person
making recommendation."
The Pilchuck Audubon organization submitted an application (attached) as per policy Section 2 (A)
Individuals, groups and/or organizations interested in proposing a name for an existing un-named park
area or park facility may do so in writing using a "Park Naming Form" that outlines the naming criteria.
These will be presented to the Parks, Recreation & Cultural Services Department for consideration by the
Planning Board.
The policy identifies the following steps -
1. The Planning Board will conduct a public hearing on the proposed names
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5.A
2. The Planning Board will make a naming recommendation to the City Council for final adoption or
amendment.
A short presentation is scheduled for the Public Hearing and it is attached.
Staff Recommendation
After concluding the Public Hearing, the Planning Board make a recommendation to City Council in
regards to renaming the existing Edmonds Wildlife Habitat and Native Plant Demonstration Garden to
the Susie Schaefer Wildlife and Native Plant Community Garden.
Attachments:
Park Naming Policy
Demo Garden Name Change Proposal - Pilchuck Audubon Society
2025.01.22 Demo Garden PH
Packet Pg. 4
5.A.a
City of Edmonds
Park Naming Policy
Purpose
The purpose of the policy is to establish consistent standard procedures and guidelines for
the naming of public parklands owned and/or operated by the City of Edmonds. The
renaming of parks is strongly discouraged.
Policy
The naming of City parks, park areas and park facilities shall be the function of the City
Council with assistance from Edmonds Planning Board and the Parks, Recreation and
Cultural Services Department.
Diversity, balance and creativity will be sought during adoption of names. The name
selected for a site will be recommended to the Edmonds City Council for approval or
amendment. City Council has final authority to approve or amend any recommendation.
Objectives
A. Provide name identification for individual parks, park areas or park
facilities.
B. Provide criteria for the process of naming parks, park areas or park
facilities.
C. Provide opportunities for public input including a public hearing at
Planning Board.
D. Ensure that the naming of parks, park areas, or park facilities is controlled
by the Edmonds City Council through recommendations from the
Planning Boarding..
Criteria
The naming of parks, park areas, and park facilities should be approached with caution,
patience, and deliberation.
Names submitted for consideration should provide some form of individual identity in
relation to the following:
A. The geographic location of the facility; this includes descriptive names.
B. An outstanding feature of the facility.
C. An adjoining subdivision, street, school, or natural feature. No park shall
be given the same name as an existing school site or public facility, except
where the sites abut one another.
D. A commonly recognized historical event, group, organization or individual
(living or deceased).
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5.A.a
E. An individual or organization that contributed significantly to the
acquisition or development of the facility to be named. This can include
either a deed or substantial monetary contribution, or contribution toward
acquisition and/or development of the park or park facility (typically not
less than 50 percent of the value of the property or improvements).
F. Outstanding accomplishments by an individual for the good of the
community. Quality of the contribution should be considered along with
the length of service by the individual — this to be fully substantiated by
person making recommendation.
G. Any individual who provided an exceptional service in the interest of the
park system as a whole. Typically, while serving in a public office, public
officials should not be considered as a candidate for naming.
Donated Land
Parks and park facilities that are donated to the City can be named by deed
restriction by the donor (i.e. Hutt Park in Edmonds). The naming and acceptance
of land is subject to recommendation by the Planning Board and approval by City
Council. Naming rights are not guaranteed if the donation of parkland is a
dedication as required by the subdivision ordinance (parkland dedication).
Naming Process
Parks Department staff will notify the Planning Board about proposed naming
opportunities. The recommendation of the Planning Board will be subject to final
approval or amendment by City Council action.
1. Temporary Naming
In the case of a new project, a temporary name will be designated by the City staff for
identification during acquisition and/or development of the park area or park facility.
Because temporary designations tend to be retained, the naming process for a new park
should be carried out as quickly as possible after its acquisition or development.
2. Permanent Naming
Citizen involvement in the naming process is encouraged and may be accomplished in a
variety of ways throughout the naming process.
A. Individuals, groups and/or organizations interested in proposing a name
for an existing un-named park area or park facility may do so in writing
using a "Park Naming Form" that outlines the naming criteria. These will
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5.A.a
be presented to the Parks, Recreation & Cultural Services Department for
consideration by the Planning Board.
B. A variety of means to encourage public participation to submit a name
(citizen contests, recommendations from previous owners, historical
review of the site, etc.) may be implemented by the Parks, Recreation &
Cultural Services Department at the request of the Planning Board. The
"Park Naming Form" will be available through the City website, copies
available at City Hall and the Anderson Center, and publicity through
Public Service Announcements, Channel 21, and other means.
C. The Planning Board will conduct a public hearing on the proposed names..
D. The Planning Board will make a naming recommendation to the City
Council for final adoption or amendment.
3. Park Renaming
Critical examination will be conducted to ensure that renaming the park will not diminish
the original justification for the name or the prior contributors. Renaming will follow the
same procedures as naming the park.
A. Only parks and facilities named for geographic location, outstanding
feature or subdivision should be considered for renaming. Parks that have
been named by deed restriction shall not be considered for renaming.
B. Parks and facilities named after individuals shall not be changed unless it
is found that because of the individual's character the continued use of
their name would not be in the best interest of the community.
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5.A.b
This form can be used for citizens to submit a proposal for a park, park area, or park facilty naming.
Names submitted may provide park identity in relation to the following naming guidelines:
• The geographic location of the park; this includes descriptive names.
• An adjoining neighborhood or street, natural feature or an outstanding feature of the park.
• No park shall be given the same name of an existing school site or public facility, except where the sites abut
one another.
• A commonly recognized historical event, group, organization or individual (living or deceased).
• Outstanding accomplishments by an individual for the good of the community. Quality of the contribution should
be considered along with the length of service by the individual — this to be fully substantiated by person making
recommendation.
------------------------------------------------------------------------------------
Please submit one name per entry.
Name Brian Zinke
Address 1429 Avenue D, PMB 198
Edmonds, WA, Zip
Snohomish, WA 98290
Phone 425-232-6811
Email director@pilchuckaudubon.org
? Name �I
this park!
Suggested name:
Susie Schaefer Wildlife and Native Plant Community Garden
Tell us why this name should be chosen: feel free to provide additional attachments.
Please attached letter.
Submit form to:
Park Naming Form
City of Edmonds
700 Main Street Or email to: edmondsparks@edmondswa.gov
Edmonds, WA 98020
All suggested names will go to the Planning Board for consideration and a hearing. The Planning Board will make a
recommendation to the City Council. The City Council has final authority to approve or amend any recommendation
EDMONDS PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT
700 MAIN STREET, EDMONDS, WA 98020 425.771.0230
Packet Pg. 8
5.A.b
1429 Avenue D, PMB 198
Snohomish, WA 98290
RE: Renaming garden at 95 Pine St
Dear City of Edmonds,
A'N.��
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PILCHUCK
AUDUBON SOCIETY
425-232-6811
www.pilchuckaudubon.org
We are proposing this name change to honor a long-time Edmonds resident whose life has been about service
and giving to her community. Susie Schaefer founded what is currently known as the Edmonds Wildlife Habitat
and Native Plant Demonstration Garden located at 95 Pine St. To recognize her contributions to the city and
community, we are proposing the garden be renamed the Susie Schaefer Wildlife and Native Plant Community
Garden.
The effort to create the garden began in 2009, and involved removal of dense thickets of invasive species, such
as blackberries, and the planting of hundreds of native plants in their place. Susie spearheaded this effort,
coordinating the large work parties required to transform the overgrown lot. The garden was officially opened
in 2010 and, with Susie's help, was certified as Wildlife Habitat by the National Wildlife Federation (NWF). In
addition to that, the garden played an instrumental role in getting the City of Edmonds certified as Community
Wildlife Habitat by NWF, becoming only the 415t city in the country to receive that recognition at the time.
The installation of native plants was only part of Susie's vision for the garden, though. Her dream for the
garden was to combine learning with hands-on opportunities and knowledge that participants could then take
home and apply to their own residences or shared community spaces. To facilitate that, she coordinated
frequent classes and programs about local wildlife and plants, hosting them at no -cost to attendees at the
hatchery classroom on site. In a 2020 My Edmonds News article, she's quoted, "My goal has always been to
get more people that will support wildlife in Edmonds and not just live in a real sterile suburbia."
City officials have previously praised Susie's commitment to the environment and her community. In the
previously linked My Edmonds News article, former Edmonds Mayor Mike Nelson was quoted saying, "In
addition to her no-nonsense, direct style, what I love most about Susie is her unwavering commitment to our
environment. The environment to her is not about supporting some abstract policy, it is about reconnecting
residents with the plants and wildlife in our neighborhoods and parks and the vital role they play." And former
City Councilmember Diane Buckshnis added, "Susie Schaefer has been a voice for nature and force to be
reckoned as her compassion is infectious. She was instrumental in making the Demonstration Garden by rolling
up her sleeves, smiling kindly and offering words of encouragement of a global vision to restore a habitat and
garden for Edmonds. We all owe her a debt of gratitude for her tenacity and strength to promote the
environment."
We believe it's time we repay our debt to Susie. Please join us in celebrating her contributions to the City and
community by renaming the garden she envisioned, and brought to reality, in her honor.
Sincerely,
Brian Zinke
Executive Director
Pilchuck Audubon Society
Packet Pg. 9
Edmonds Wildlife Habitat & Native Plant
Demonstration Garden
Renaming Proposal
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Photo by Chris Pyfer/My Edmonds News
PEKD�MO�NND�S
Edmonds Wildlife Habitat & Naive Plant Demonstration Garden
To
Susie Shaefer Wildlife &Native Plant Community Garden
Photos by Chris Walton/My Edmonds News
^EDMONDS
4 PARKS, RECREATION & HUMAN SERVICES
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Demo Darden History
• Founded by Susie in 2009
Willow Creek Hatchery 11-191
& Watershed
Education Center,
• Removed invasive plants and installed
hundreds native plants
Demonstration Certified Wildlife Habitat
den
(National Wildlife Federation)
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Photo by Chris Walton/My Edmonds News
• Classes and Workshops
• 2017 - Sound Salmon Solutions/ Edmonds
Stewards
• Outdoor classroom
Edmonds College horticulture classes
Scout and gardening groups
Edmonds Watershed Fun Fair in May
Susie Schaefer
Community -wide Contributions
fkEDMOND
PARKS, RECREATION & HUMAN SER
Process/Next Steps
Photo by Chris Pyfer/My Edmonds News
Process
Allowable by City's Park Naming Policy
Example: Hazel Miller Pollinator Garden within
Civic Center Playfields Park
Requested by Pi (chuck Audubon Society
Susie supports the new name
Next Steps
February 8t" - City Council
^EDMOND
4 PARKS. RECREATION & HUMAN SER
6.A
Planning Board Agenda Item
Meeting Date: 01/22/2025
Neighborhood Centers and Hubs Code Update
Staff Lead: Navyusha Pentakota
Department: Planning & Development
Prepared By: Navyusha Pentakota
Background/History
In 2021, the state legislature passed House Bill 1220 (later codified as RCW 36.70A.070(2)(a) and
36.70.070(2)(b), which included a requirement for cities and counties to plan for and accommodate the
number of housing units needed for very low to moderate income households, consistent with analysis
and guidance from the state Department of Commerce ("Commerce").
For Edmonds, about 2400 more housing units, especially multifamily housing, would be needed beyond
the existing capacity. To accommodate this additional number, the City's strategy was to designate
neighborhood centers and hubs that could accommodate new multifamily housing along with
commercial and mixed uses. Besides accommodating growth, neighborhood centers and hubs are seen
as opportunity to create a vibrant neighborhood atmosphere, with services and amenities, open spaces
and walkable streetscapes enhancing the sense of community.
Edmonds adopted its Comprehensive Plan update on December 17, 2024, which includes designated
neighborhood centers and hubs to accommodate multifamily housing and commercial uses. Of course, a
plan is just the start. The development code needs to be updated to accommodate the additional
housing cacpacity, and this was actually due by the end of 2024. With limited resources, the City could
not accomplish this before finalizing the Comprehensive Plan update. So, an interim (temporary)
ordinance to implement the concept of neighborhood centers and hubs was proposed by the staff and
adopted by the City Council on January 141h. However, aspects of the interim code need further
consideration over the next few months and are expected to involve multiple discussions with the
community, the Planning Board, and the City Council.
Staff Recommendation
This is an informational briefing. Staff will provide an overview of the interim ordinance adopted by the
Council on Jan 15th.
Narrative
As part of the 2024 Comprehensive Plan update, Edmonds has adopted a growth strategy where
designated areas called Neighborhood Centers and Neighborhood Hubs were identified to plan for and
accommodate future growth, both residential and commercial.
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6.A
There are four neighborhood Centers - Five Corners, Westgate, Firdale, and Medical District Expansion
and five neighborhood hubs - North Bowl, Maplewood, East Sea View, West Edmonds Way, and South
Ballinger, as illustrated in Figure 2.5 of the Comprehensive Plan.
These areas provide key opportunities within the City to create vibrant, sustainable places that:
Allow multifamily residential, commercial and mixed uses, along with existing single-family
housing
Require height limits consistent with Comprehensive Plan maps for each center and hub (i.e., 3,
4, or 5-story maximum)
Allow a bonus floor height of additional 10' as an incentive in some areas, when a development
proposal includes community amenities, such as a plaza, pocket park, or open space and more
Require relatively less parking spaces than for single-family houses and
Provide a new set of design standards applicable only to these specific areas.
To establish these neighborhood centers and hubs and to encourage development moving forward, a
new development code chapter was proposed: Chapter 16.120 ECDC.
The official due date to complete this code update is Dec, 2024.Since the city couldn't quite meet this
deadline, an interim ordinance was adopted by the city council on Jan 14th, 2025, to comply with state
requirements for accommodating the number of housing units needed for very low- to moderate -
income levels, consistent with the Comprehensive Plan.
An interim ordinance is a temporary way to adopt regulations to meet a time -sensitive goal. This
temporary code may be in effect no more than six months unless the City Council adopts an extension.
At the end of six months (or sooner, depending on Council action), the interim ordinance expires, and
Council may adopt a more permanent ordinance (with any changes from the interim version) prior to the
date the interim ordinance expires.
So, Staff is currently working on potential revisions to the interim ordinance by getting community and
Planning Board input and thinking through some aspects of the development code in much more detail.
That way, a more permanent ordinance could have input and be adopted by June 30th, 2025.
Because, per state law, an interim ordinance is considered temporary to address a time -sensitive
situation prior to establishing a longer term solution, public input does not need to be considered before
adopting an interim ordinance. However, a mandatory Public Hearing must be held within 60 days of
adopting an interim ordinance. In this case, the intent is to have the hearing as soon as possible (early
February), to allow input and deliberation to proceed with all due speed. Meanwhile, as staff continue
to work on this, community engagement will be sought through a variety of means to understand and
address community members' thoughts and concerns.
Planning Board needs to make a recommendation at a later stage regarding the permanent ordinance. A
public hearing will also be held before adoption of a final ordinance to replace the interim ordinance.
During the January 22nd meeting, Staff will give the Planning Board an overview of what's proposed in
the interim ordinance and the next steps in this process.
Attachments:
Adopted Interim Ordinance Centers and Hubs
NCH Interim.Ord Introduction
Packet Pg. 17
6.A.a
Chapter 16.120
Neighborhood Centers and Hubs
CL
Sections:
0
16.120.000
Purpose
y
16.120.010
Effect and applicability
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16.120.020
Definitions
L
W
16.120.030
Subdistricts
a
U
16.120.040 Uses a
L
16.120.050 Site development standards
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16.120.060 Community benefit for an incentive floor z
16.120.070 Multifamily building types y
16.120.080 Design standards
16.120.090 Signage
16.120.100 Motor vehicle parking
16.120.110 Bicycle parking facilities
16.120.120 Electric vehicle charging
16.120.000 Purpose.
The Neighborhood Centers and Hubs (NCH) Zone is established to promote the development of
neighborhood centers and neighborhood hubs as focal points within the city. Neighborhood
centers and hubs bring a mix of neighborhood retail, amenities, and services in proximity to
residents. They also help ensure capacity for multifamily housing to meet the city's
forecasted need to accommodate a broad range of income levels, consistent with the
City's Comprehensive Plan. Development in a neighborhood center or hub is intended to
be at a scale not much greater than what is possible around it and to encourage walkability
and an attractive environment that includes trees and open spaces.
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6.A.a
16.120.010 Effect and applicability.
A. This chapter applies to the neighborhood centers and hubs as designated in the
Comprehensive Plan.
B. Neighborhood centers are the areas of Westgate, Five Corners, Medical District
Expansion, and Firdale Village, as shown in Figure 2.5 of the City's Comprehensive Plan.
C. Neighborhood hubs are the areas of North Bowl, East Seaview, South Lake Ballinger,
West Edmonds Way, and Maplewood, as shown in Figure 2.5 of the City's Comprehensive
Plan.
D. In the centers and hubs, single-family houses and their accessory or secondary uses
shall be subject to the requirements of Chapter 16.20 ECDC for single-family residential
uses.
E. Where this chapter conflicts with any other, this chapter shall prevail for the designated
centers and hubs.
16.120.020 Definitions. In implementing this chapter, the following definitions apply.
A. "Community services" mean services provided by a nonprofit or religious organization to
aid people in obtaining housing, food, or medical treatment.
B. "Incentive floor" means the extra or bonus story allowed in a Mixed -Use 4 or Mixed -Use 5
subdistrict if the conditions in ECD 16.120.060 are met.
C." Indoor gathering space" mean an indoor space, such as a lobby, shared common
space, and meeting room, for permitted primary uses.
D. "Multifamily housing" means housing of at least four units attached to each other in
some combination or attached to commercial uses or community facilities.
E. "Pedestrian zone" means the area between the primary street and the exterior of a
building, excluding single-family houses and their accessory or secondary buildings, that is
less than twenty feet from a primary street.
F. "Pocket park" means a small outdoor area that provides dedicated space for passive or
active recreation, open to the public.
G. "Portable sign" means an A -frame sign that stands no taller than 36 inches or a
stanchion sign that stands no taller than 42 inches.
H. "Primary street" means the public street right-of-way that a building faces or when a
property borders two or more streets, the street that typically has the most traffic.
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6.A.a
"Retail" means the direct sale of goods to the public for use or consumption.
J. "Right -of -way -related uses" means bus stops, utilities, bicycle paths, pedestrian access,
Landscape, and other uses for public benefit, as typically allowed within or adjacent to a
public right of way.
K. "Voluntary housing" means assisted living, retirement homes, senior housing, adult
family homes, and other housing where residents may voluntarily live.
16.20.030 Subdistricts. The NCH zone has the following subdistricts:
A. Mixed -Use 3, which provides for an allowed land use or mix of land uses where the
maximum standard height of buildings is no more than three stories and no additional
incentive floor is allowed;
B. Mixed -Use 4, which provides for an allowed land use or mix of land uses where the
maximum standard height of buildings is three stories without an incentive floor and where
four stories are allowed with an incentive floor;
C. "Mixed -Use 5", which provides for an allowed land use or mix of land uses where the
maximum standard height of buildings is no more than four stories without an incentive
floor and where five stories are allowed with an incentive floor.
16.120.040 Uses.
A. Permitted primary uses are one or more of the following: multiple dwellings, single-
family dwellings built or permitted prior to January 1, 2025 and on the same building
footprint, other forms of voluntary housing, bed -and -breakfasts, commercial uses,
community facilities, community services, offices, open space, open air markets, pocket
parks, plazas, right -of -way -related uses, and community services.
B. Permitted accessory and secondary uses are one or more of the following: accessory
dwellings, home occupations, daycare, garages, workshops, mechanical equipment,
storage facilities, recreation, art, meeting rooms, commuter parking lots containing less
than ten designated spaces in association with a permitted primary use, private parking of
vehicles, indoor gathering spaces, and other uses that do not create a nuisance.
C. Prohibited uses are as follows: sexually oriented businesses, recreational marijuana,
half -way houses, hospitals, and hotels.
D. Any development may have a mix of permitted uses.
E. Multifamily housing that is developed with more than twenty units shall provide ground
floor commercial space that is equal to at least ten percent of the ground floor footprint.
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6.A.a
F. Grocery and convenience stores must sell fresh produce and dairy or dairy -substitute
products. Less than half of the shelf and case space must be for the sale of alcoholic
beverages and packaged snack foods.
G. Outdoor dining is allowed, provided that, when within ten feet of a property in single-
family use, it is screened with a combination of plantings and fencing at six feet or more in
height. The provisions of EDC 17.70.040 do not apply to this district.
16.120.050 Site development standards.
A. Height.
1. The height of detached single-family houses and their accessory/secondary uses
is subject to ECDC 16.20.030 and 16.20.050, respectively.
2. Maximum number of stories for buildings in a center or hub, excluding detached
single-family houses and their accessory or secondary uses, shall be consistent
with Figure 2.5 of the Comprehensive Plan. Maximum standard height is identified
in this subsection, provided that exceptions may apply, pursuant to ECDC
16.120.050.A.3 and ECDC 16.120.060.
a. For Mixed -Use 3 subdistricts, buildings may be three stories tall and the
standard maximum building height is 30 feet, provided that it may be 33 feet
when the first -floor height is 12 feet. However, for any lot abutting or
immediately across the street from a single-family zone, the height of any
portion of a building that is within 20 feet of the property line shall be no
greater than 30 feet under any circumstances, even where criteria for height
exceptions, incentives or bonuses in this chapter are otherwise met.
b. For Mixed -Use 4 subdistricts, buildings may be either three stories tall,
with a standard maximum building height of 30 feet (or 33 feet when the first -
floor height is 12 feet) and not including an incentive floor, or four stories tall,
with a maximum height of 40 feet (or 42 feet if the first -floor height is 12 feet)
that includes one incentive floor. However, for any lot abutting or
immediately across the street from a single-family zone, the height of any
portion of a building that is within 20 feet of the property line shall be no
greater than 30 feet under any circumstances, even where criteria for height
exceptions, incentives or bonuses in this chapter are otherwise met.
c. For Mixed -Use 5 subdistricts, buildings may be four stories tall, with a
standard maximum building height of 40 feet (or 42 feet if the first -floor
height is 12 feet) and not including an incentive floor, or five stories tall, with
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6.A.a
a maximum height of 50 feet (or 52 feet if the first -floor height is 12 feet) that
includes one incentive floor. However, for any lot abutting or immediately
across the street from a single-family zone, the height of any portion of a
building that is within 20 feet of the property line shall be no greater than 30
feet under any circumstances, even where criteria for height exceptions,
incentives or bonuses in this chapter are otherwise met.
3. Exceptions for additional building height may apply only to the extent that one of
the conditions in this subsection is met. Exceptions are not additive; no more than
one of the exceptions shall apply to any building.
a. For buildings achieving green building certification pursuant to ECDC
16.45.040 or ECDC 16.45.045 and that have commercial uses (excluding for
vehicle parking) comprising at least 50% of the ground floor area, up to five feet
higher than the standard maximum height in that location;
b. For areas of centers and hubs that are eligible for an incentive or bonus floor,
as identified in Figure 2.5 of the Comprehensive Plan, and that meet the criteria
for community benefit, pursuant to ECDC 16.120.060, an additional floor up to
10 feet in height is allowed.
B. Setbacks. For single-family houses and their accessory or secondary uses, the minimum
setbacks are as stated in Chapter 16.20 ECDC. For other buildings: Minimum street
setback is15 ft, except that the minimum street setback for a retail facility on a corner lot is
a minimum of 10 ft; Minimum side setback is 10 ft; Minimum rear setback is15 ft.
C. Lot coverage. Maximum coverage of a lot is 45%, provided that maximum lot coverage
for a single-family house is 35%.
D. Building location. At least one building on a site containing a primary use must have a
street -facing fagade, of which two-thirds or more of the ground floor is located no further
than twenty feet from the primary street, provided that for a detached single-family and its
accessory or secondary uses, the setback requirements of Chapter 16.20 ECDC prevail.
E. Landscaping and lighting.
1. Any site not covered by an allowed use, such as a building or paved area, must be
Landscaped. Up to 10% of the landscaping may be comprised of hardscape
materials, such as boulders and rockeries. Small wooded areas and areas planned
for environmental conservation may remain in a more natural state, as approved in
the site plan.
Packet Pg. 22
6.A.a
2. Outdoor lighting must be provided at all external building entries and stairways
and to illuminate the site's address.
16.120.060 Community benefit for an incentive floor. An incentive or bonus floor at a
height up to 10 feet above the standard maximum height for its location will be permitted
when a development provides an approved plaza, pocket park, accessible open space, or
outdoor recreational site of at least 800 square feet for public use. The space must include
seating, landscaping, pedestrian access, and other amenities as part of a master plan that
has considered neighborhood input and been approved by the director or director's
designee. The space must be maintained consistent with the approved master plan or a
revised master plan that has had public input and approval by the director or director's
designee.
16.20.070 Multifamily building types. Multifamily building types may include apartments,
condominiums, townhomes, and mixed -use buildings that have at least four housing units.
16.120.080 Design Standards. Design standards are intended to encourage a pedestrian -
friendly appearance and avoid blank or unarticulated walls facing the street. The design
standards of this section do not apply to detached single-family houses and their
accessory or secondary uses. Design review will be conducted under ECDC 20.12.030.
A. The street -facing fagade of a building must have one or more windows on the ground
floor with transparent glazing totaling at least fifty square feet for each thirty linear feet of
wall. Each floor above the ground floor must have one or more windows with transparent
glazing totaling at least twenty-five square feet for every thirty linear feet of wall.
B. At the ground floor, a garage shall not comprise more than 50% of the fagade of a
building, including any townhome, that faces a primary street.
C. The street -facing fagade of a building shall have at least two of the following:
1. Articulated walls that have 18 or more inches of plane change every 30 feet
2. Covered pedestrian entry, provided that the cover is: (a) at least one foot above
the pedestrian entry door: (b) a minimum of seven feet in width and two feet in
depth; and (c) attached to the building.
3. Masonry base that extends at least three feet high from ground level
4. Windows that result in 50% more transparent glazing area than the minimum
required in 16.120.080.A.
5. Landscaped courtyard that is at least one/third of the building width and at least
ten feet deep.
Packet Pg. 23
6.A.a
6. One balcony per unit above the ground floor that shares a common wall with the
street -facing facade. Such balconies must be a minimum of two feet in depth and
four feet in width and accessible from an interior room.
D. Buildings shall have either a pitched roof of at least 3:12 pitch visible to the primary
street or a roofline visible to the primary street that has a parapet or fascia to define its
edge.
E. Any off-street parking must be provided at the side or rear of a building that fronts and is
within twenty feet of a primary street.
F. The pedestrian zone shall include pedestrian and ADA access to the building entry. The
remaining area must be filled by any combination of landscaping, planting containers,
seating, dining tables, receptacles for trash or recycling, artwork, bicycle or scooter
parking, rain gardens, paved pedestrian space (which may include pervious paving), other
approved pedestrian amenities, a maximum of one portable sign per twenty linear feet,
signage attached to the building, and as required, utility equipment and fire apparatus,
16.120.090 Signage. Only signage attached to a building and not supported from the
ground is permitted pursuant to requirements of Chapter 20.60 ECDC, provided that
portable signs are allowed within the pedestrian zone, up to one portable sign per twenty
linear feet. Wall signs, window signs, and projecting signs are subject respectively to ECDC
20.60.030, 20.60.035, and 20.60.040.
16.120.100 Motor vehicle parking. Motor vehicle parking, other than for electric bicycles
or electric scooters, is not allowed within the pedestrian zone.
A. For single-family houses, two off-street parking spaces are required. For accessory
dwellings, the parking requirements of ECDC 16.20.050 apply.
B. For a multiple dwelling, off-street parking is required at a ratio of:
1. At least 1.0 parking space per unit with less than 800 square feet living space;
2. At least 1.25 parking spaces per unit with 800-1200 square feet of living space;
3. At least 1.75 parking spaces per unit with more than 1200 square feet of living
space.
C. For commercial uses in a building, off-street parking is required at a ratio of:
1. One space for 800 square feet of commercial use when street parking is available
in front of the building (measured from the nearest property line orwithin 60 feet of
it.
Packet Pg. 24
6.A.a
2. One space per 400 square feet if street parking is not available in front of the
building (measured from the nearest property line) or within 60 feet of it.
3. Bed and breakfasts must have one off-street parking space per guest unit.
4. A commercial or mixed -use building that has less than 400 square feet of
commercial space is not required to have off-street parking if street parking is
available in front of the building (measured from the nearest property line) or within
60 feet of it.
D. For community facilities, off-street parking spaces are required pursuant to ECDC
17.50.020.C.
16.120.110 Bicycle parking facilities. Short-term and long-term bicycle parking is required
with development, pursuant to Chapter 17.20 ECDC.
16.120.120. Electric vehicle charging. Electric vehicle charging infrastructure is required
per ECDC 17.115.040.
Packet Pg. 25
6.A.b
Planning
Meeting
Packet Pg. 26
6.A.b
Due by 2024
Adopted
• Accessory dwellings (per HB 1337)
• Permit processing (per HB 5290)
• Removal of limits to number of people
occupying a household (per ESSB 5235)
Still due for 202/
• Neighborhood centers & hubs to
accommodate housing & commercial
• Permanent supportive housing &
emergency shelters ("STEP housing")
Due by 2025
• Middle housing (per HB 1110 & HB 2321—
expected to amend residential zoning
districts, subdivision, etc.)
• Design standards & review process (per
HB 1293)
• Vehicle parking (per SB 6015, SHB 2343 &
ESSB 6617)
• Multifamily (making units easier to add
under HB 1042, SSB 5058 & HB 1181)
• Bonus density for affordable housing on
land of religious organizations (per SHB
1377).
'Adopted Interim Ordinance
Packet Pg. 27
6.A.b
Two topics must be addressed by end of 2025:
• Critical area regulations
• Co -living housing (subject of HB 1998).
Other made updates useful (or necessary) in 2025:
• Zoning Map updates (specifically for neighborhood centers and hubs
and residential districts)
• Final version of Neighborhood Centers and Hubs
• Final version of STEP housing
• Definitions in Title 21 ECDC (as needed)
• Minor amendments to clarify certain requirements for parks
• Minor amendments to Title 19 (Building Code)
• Minor amendments to Tree Code (as needed to address legal issues)
• Amendments to address "Transitions" for Highway 99 subarea
Packet Pg. 28
6.A.b
■ In 2021, HB 1220 passed, requiring cities and counties to plan for
& accommodate needed housing units for very low- to moderate -
income levels
■ Commerce was required to develop guidance for jurisdictions to
follow on # and type of needed housing units
■ For Edmonds, this meant about 2400 more housing units (mostly
multifamily) beyond existing capacity
■ Edmonds adopted Comp Plan with new Neighborhood Centers &
Hubs to provide additional needed capacity
■ Next step: Code amendments to implement centers & hubs,
consistent with Comp Plan
■ Proposed as interim ordinances
Council Approved Growth Scenario
• Neighborhood Centers 1
I
Neighborhood Hubs
DoV&,tow,,
Waterfront
Aaviry Center
West Edmonds Way
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Packet Pg. 29
6.A.b
■ Development regulations to accommodate needed
housing units in Neighborhood Centers & Hubs
required by 12/31 /24
■ Adopting such regulations not feasible before Comp
Plan update
■ Adopted interim ordinance for Edmonds to comply
with state law and eligible for state grants & loans
Packet Pg. 30
6.A.b
■ Interim ordinance is temporary way to adopt regulations to meet time -
sensitive goal
■ May be in effect no more than 6 months unless Council adopts extension
■ Within 60 days of adopting interim ordinance, City must hold public hearing
for input (proposed for Jan. 28)
■ At end of 6 months, interim ordinance expires (unless Council acts sooner)
■ During interim period, more input can be gathered & regulations refined for
Council consideration in form of more permanent ordinance (with regular
adoption process) to replace interim
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6.A.b
Goal LU-3 Promote development within the centers and hubs...
■ Policy LUG-3.1 Encourage multi -family ■ Policy LU-3.3 Incentivize development that
residential development alongside diverse
mix of retail & commercial spaces within
centers & hubs
■ Policy LU-3.2 Establish Centers & Hubs as
focal point for residents needs, services, job,
housing with mobility options & recreation
provides signature pedestrian facilities &
public space, supports local business, &
incorporates affordable housing
■ Policy LU-4.4 Promote pedestrian -friendly
ground floor activities & street -facing
storefronts & commercial spaces that create
opportunities for community engagement in
all mixed -use areas
Packet Pg. 32
6.A.b
FOUR Neighborhood Centers:
1.
2.
3.
4.
Westgate
Five Corners
Medical District Expansion
Firdale
FIVE Neighborhood Hubs:
1. North Bowl
2. East Seaview
3. South Lake Ballinger
4. West Edmonds Way
5. Maplewood
Packet Pg. 33
6.A.b
■ Purpose
■ Effect & applicability
■ Definitions
■ Subdistricts
■ Uses
■ Site development standards
■ Community benefit requirements for incentive
floor
■ Multifamily building types
■ Design standards
■ Signage
■ Motor vehicle parking
■ Bicycle parking
■ EV charging
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6.A.b
■ Allow multifamily residential & commercial uses, along with existing single-family housing
■ Limit building heights consistent with Comp Plan maps (max 3, 4, or 5-stories, as applicable) & specify height
in feet.
■ Any property in a center or hub that abuts or is immediately across the street from a single-family zoning
district, the maximum height of a building within 20 feet of that property line is 30 feet (and any options for
greater height are not permitted there).
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Max Height w/
Max Height w/
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Max w/ 12' 1 st
Max Height
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Max Height w/ 12' 1 st floor &
Max
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w/ GBI *
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GBI =Green Building Incentive
Green building
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y of
6.A.b
For primary uses (excluding existing single-family houses):
■ At least one street -facing building generally must be no further back than 20' from primary
street at property line
For multifamily housing with < 20 units:
■ Ground floor commercial space must equal at least 10% of ground floor footprint
Packet Pg. 36
6.A.b
Require community benefit —such as plaza, pocket park, or open space —for any incentive
(bonus) floor
■ At least 800 s.f.
■ With seating, landscaping, etc., per approved master plan
For primary uses (excluding existing single-family houses):
■ At least one street -facing building generally must be no further back than 20' from primary
street at property line
For multifamily housing with < 20 units:
■ Ground floor commercial space must equal at least 10% of ground floor footprint
Packet Pg. 37
PARKING REQUIREMENTS
Vehicle Parkin
Type of Use
Existing SF House
ADUs
MF Unit >800 SF
MF Unit 800-1200 SF
MF Unit <1200 SF
Cmrcl / 800 SF w/ on street
available *
Cmrcl / 400 SF w/o on street
available
B&B / Guest Unit
• Exception: 0 spaces Rq'd if building has less than 400 SF Cmrcl Space
6.A.b
At street facade:
■ Window glazing totaling at least 50 sf for
each 30 linear ft of wall
Other:
■ Buildings to have pitched roof at least 3:12 or
w/ fascia or parapet to define edge
■ Garage to not comprise more than 50% ■ Off-street parking to beat side or rear of
of building front building
■ At least 2 of 6 design features for building ■ Pedestrian zone (area between public
front sidewalk and building front) must provide:
■ Pedestrian amenities, plantings +
necessary utility equipment, etc.
Packet Pg. 39
6.A.b
■ Public hearing (proposed for Feb 4tn )
■ Community outreach and input
■ Drafting of a longer -term code, with any refinements, for Council consideration in 6 months or less
■ Planning Board meetings and recommendation
■ Public hearing by City Council on draft longer -term code
■ Decision by City Council on longer -term code, with any amendments (circa June 2025)
Packet Pg. 40
6.A.b
Jan 27-Feb 10
Build baseline knowledge of what is
required and of the key decision
points
Learn community preferences for
preferred uses, design standards and
capability.
Takeaways:
• Community priorities
• Appropriate urban design
considerations
• Objectives for potential incentives
• Unique characteristics to leverage
March 16 - March 22
• Present initial draft/ what we've
heard
• Early feedback on the draft code
• Detailed discussions on
Community preferences for
incentives and parking
May 5-May 10
• Review and
feedback on draft
Planning Board Meetings
Packet Pg. 41
QUESTIONS?
11-••.•-
edmondswa.gov/2025codeupdates
? Email
2025codeupdates(@edmondswa.gov
Sign Up for updates on the webpage
■
6.A.b
Westgate
Five Corners
Medical District
Expansion
Firdale
MAPS
North Bowl
Maple Wood
East Sea View
West Edmonds
5. South Ballinger
Packet Pg. 43
NEIGHBORHOOD
CENTERS
Westgat
NEIGHBORHOOD
CENTERS
Corner
NEIGHBORHOOD
CENTERS
Medical District
Expansion
NEIGHBORHOOD
CENTERS
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NEIGHBORHOOD
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6.A.b
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NEIGHBORHOOD
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Packet Pg. 52
7.A
Planning Board Agenda Item
Meeting Date: 01/22/2025
Introduction to STEP Housing (File AMD2024-0006)
Staff Lead: Mike Clugston
Department: Planning Division
Prepared By: Michael Clugston
Background/History
In 2021, Washington state passed House Bill 1220 (HB 1220), which amended the Growth Management
Act (GMA) and municipal code requirements for housing. The law requires local governments like
Edmonds to plan for and accommodate housing affordable to all income levels, which includes
demonstrating sufficient land capacity for housing at all income levels to meet future housing needs,
including permanent supportive housing and emergency housing. Local governments must also identify
local barriers to production of affordable housing and take actions to remove those barriers.
Furthermore, RCW 36.130.020 provides that local governments may not adopt, impose, or enforce
requirements on an affordable housing development that are different than the requirements proposed
on housing developments generally. (Note: Permanent supportive housing is considered a type of
affordable housing.)
Housing targets were established for Edmonds as part of the recent periodic Comprehensive Plan
update, which are summarized in Attachment 4. As a high -cost community, Edmonds must plan for
6,814 units of permanent supportive and low-income housing (0-80% of Area Median Income) over the
next 20 years. Consistent with HB 1220, these targets informed the development of the Comprehensive
Plan goals and policies regarding Supportive Housing:
Goal H-9. Encourage stable housing and wraparound services to individuals experiencing
housing insecurity or at risk of becoming unhoused.
Policy H-9.1 Support county and nonprofit efforts to provide stable housing to individuals
experiencing housing insecurity or at risk of becoming unhoused.
Policy H-9.2 Support development of low-income (subsidized), low -barrier, permanent
supportive housing.
Policy H-9.3 Explore opportunities for small scale housing types, such as micro -housing
(shared kitchen and restrooms).
Policy H-9.4 Work with faith -based organizations that are interested in adding single -
person shelters, overnight shelters, and temporary small houses on property
owned or controlled by a religious organization.
Policy H-9.5 Allow transitional housing and permanent supportive housing in any zones
that allow residential dwelling units or hotels (RCW 35.21.683 and RCW
35A.21.430).
Policy H-9.6 Allow emergency shelters and emergency housing in any zones that allow
Packet Pg. 53
7.A
hotels.
Policy H-9.7 Allow permanent supportive housing in areas where multifamily housing is
permitted (RCW 35.21.689 and RCW 35A.21.305).
Policy H-9.8 Exempt emergency housing from impact fees (RCW 82.02.090).
Consistent with the Comprehensive Plan, the proposed code would address the Supportive Housing
Goal and Policies H-9.2, H-9.5, H-9.6, and H-9.7 by allowing:
Indoor emergency shelters and indoor emergency housing as permitted uses in zones in
which hotels are currently allowed in Edmonds.
Permanent supportive housing and transitional housing is permitted in all zones where
residential dwelling units or hotels are allowed.
Generally, such housing types are not built without significant subsidies from grants, governmental
entities or nonprofit resources. In that sense, their numbers are somewhat self-limiting. The need for
such housing is almost always greater than funding available.
Additional housing options could be considered for tiny houses and shelters, temporary pallet shelters,
tent encampments, and safe parking areas. These options would address Policies H-9.3 and H-9.4, but
these are non-standard types of housing that do not count toward the City's housing need allocation of
6,814 units of permanent supportive and low-income housing.
Staff Recommendation
No action is required. Staff will provide an introduction about the topic with Q/A to follow.
Narrative
HB 1220 requires changes to the City's development regulations to allow four specific housing types:
emergency shelter, transitional housing, emergency housing, and permanent supportive housing (STEP
Housing):
"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.
"Transitional housing" means a project that provides housing and supportive services to
homeless persons or families and that has as its purpose facilitating the movement of
homeless persons and families into independent living, generally in less than two years.
"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 include
day and warming centers that do not provide overnight accommodations.
"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
Packet Pg. 54
7.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.
Attachments 1 - 2 are documents produced by the Department of Commerce that provide additional
background information about STEP housing and the critical need for it throughout the state.
Attachment 3 is a model ordinance provided by the Department of Commerce.
Next steps
City Council will hold a public hearing on the interim ordinance within 60 days of adoption of the interim
code (currently proposed for January 28) to obtain public input about the proposed code language.
Then other community outreach will be done to inform and learn more. Meanwhile, the interim code
language will be compared with existing related code language in ECDC 17.105 (Emergency Temporary
Indoor Shelter), and ECDC 17.100 (Community Facilities). Public input and other timely information will
be considered in any revisions to the interim code and the resulting draft code will be presented for
consideration, subject to open public process, as a permanent ordinance. The interim code and related
information will be reviewed by the Planning Board, who will make a recommendation on a permanent
STEP housing code for City Council consideration. NOTE: The interim ordinance expires six months from
adoption, unless Council takes other action sooner.
Attachments:
Attachment 1- STEP Housing Factsheet
Attachment 2 - STEP Housing State of the Practice
Attachment 3 - STEP Housing Model Ordinance and User Guide
Attachment 4 - Comp Plan Housing Targets Summary
Packet Pg. 55
Planning for STEP Housing Types
There is a critical demand for 1.1 million homes
in Washington over the next two decades,
according to projections from the Washington
State Department of Commerce. Of that 1.1
million, more than 600,000 homes need to be
affordable for individuals at the lowest income
levels (i.e., less than or equal to 80 percent of the
area median income). In addition, if we do not
build more affordable housing, we will need
about 91,000 emergency housing beds in 20
years. Some of the housing for very low-income
segments can collectively be called "STEP."
What is STEP?
Future housing needs by area median income (AMI) group,,
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1.1 Million new homes will be needed in the next 20 yean
In addition, there will also need to be.
91,357 Emergency housing beds (temporary housing)
Indoor emergency Shelter, Transitional housing, Emergency housing and Permanent supportive housing
a facility that provides a temporary* shelter for individuals or families who are currently experiencing
homelessness. This includes day and warming centers that do not provide overnight accommodations. (RCW
36.70A.030(15))
a project that provides housing and supportive services for up to two years (or longer) for individuals or families
who are experiencing homelessness. The purpose of transitional housing is to facilitate the movement of
people from homelessness to permanent housing. (RCW 84.36.043(3)(c))
temporary* indoor accommodation for individuals or families who are homeless or at imminent risk of
becoming homeless. It is intended to address the basic health, food, clothing and personal hygiene needs of
individuals or families. (RCW 36.70A.030(14))
subsidized, leased housing with no limits on length of stay. It is designed to support people who were
experiencing homelessness or likely to experience homelessness before moving because of their complex and
disabling behavioral health and physical health conditions. Residents are provided with support services, such
as mental and physical health care and employment services, to help them stay housed. Permanent supportive
housing often has less strict admissions criteria than other forms of housing, especially related to rental history,
criminal history and personal behaviors. (See RCW 36.70A.030(31) for full definition)
*Temporary refers to the duration of residence for individual participants rather than the physical structure
itself or the duration of land use.
STEP 101 FACTSHEET - JULY 2024
V3.1
Packet Pg. 56
7.A.a
How should my jurisdiction plan for STEP?
Cities and counties must plan for and
accommodate housing affordable to all incomes
in their 20-year comprehensive plans and
development regulations. These housing needs
are determined through a countywide process
where each jurisdiction receives a share of the
total countywide housing need. By their
comprehensive periodic update deadline (see
map), cities and counties must:
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• Develop policies to plan for and
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accommodate housing affordable to all
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• Allow sufficient zoning capacity for these 20240,,. 3,- 02025meoe"mov314026wejrne3o, ■2027L ei,.M
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housing needs, including permanent
supportive housing (PSH) and emergency housing,
• Identify barriers to the development of affordable housing and an action plan to remove these barriers, and
• Based on new state laws adopted in 2021, cities must not prohibit emergency housing and emergency
shelters in all zones that allow hotels, and cities must allow permanent supportive housing and transitional
housing in all zones that allow hotels and residential development.
Why Is STEP Such a Big Issue?
From 2007 to 2013, as rent prices surged and
vacancy rates decreased, Washington experienced
a dramatic increase in people experiencing
homelessness. In 2021, Washington made changes
to its state planning framework to address the need
for more housing, including STEP. Local jurisdictions
are currently working to implement these changes in
their local regulations and comprehensive plans.
FROM 2007-2023,
WASHINGTON EXPERIENCED A
19.9%
RISE IN HOMELESSNESS
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RISING RENTS AND A LACK OF
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ARE THE CORE CAUSES OF
INCREASED
HOMELESSNESS IN THE STATE
STEP 101 FACTSHEET — JULY 2024
V3.1
Packet Pg. 57
7.A.a
Benefits of STEP
® Reduces the number of people living and sleeping in unsafe conditions and public spaces
Helps various populations, including people who are currently homeless or housing insecure, formerly homeless
aging adults, families with child welfare involvement, individuals with chronic patterns of homelessness, people
0 involved with the justice system, and adults with intellectual and developmental disabilities.
•
eProvides tenancy support services to help vulnerable people maintain stable housing
®Connects participants to essential services such as health care, job opportunities and public benefit income
Improves participants' mental and physical health through timely medical care
® Enhances participants' employment prospects and incomes and fosters social connections
Reduces the likelihood of residents being incarcerated
0 Decreases the public cost burden on other services, such as hospitals and emergency response, and therefore costs
the same amount or less than its alternatives
Relevant Laws for Siting and Permitting STEP
Growth Management Act:
RCW 36.70A.070(2)
RCW 35.21.683 and RCW
35A.21.430
RCW 36.130.020
RCW 36.70A.545
RCW 35.21.915. RCW
35A.21.360. and RCW
36.01.290
Local governments fully planning under the Growth Management Act (GMA) must plan
for and accommodate housing that is affordable to all income levels. Each jurisdiction is
required to allow sufficient capacity for STEP in accordance with their share of
countywide housing needs and make adequate provisions for these needs.
Cities must not prohibit indoor emergency shelters and indoor emergency housing in any
zones in which hotels are allowed, and must allow permanent supportive and transitional
housing in zones where residential dwelling units or hotels are allowed. The laws also
limit the application of occupancy, spacing and intensity of use requirements for STEP.
Local governments may not impose requirements on an affordable housing development
that are different from the requirements imposed on housing developments generally.
Affordable housing includes permanent supportive housing and other types of
subsidized and leased housing.
Local governments fully planning under the GMA must provide density bonuses for any
affordable housing, including STEP types with leases, on real property owned or
controlled by a religious organization.
Local governments may not impose overly restrictive regulatory limits on encampments,
safe parking, overnight shelters and temporary small houses on property owned or
controlled by a religious organization.
Local governments fully planning under the Growth Management Act (GMA) have the
RCW 36.70A.540 authority to offer incentives in exchange for providing development for low-income
households.
STEP 101 FACTSHEET — JULY 2024
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7.A.a
Promising Practices for Planning for STEP
Allow STEP outright as a permitted use in designated
zones. In some areas of Washington state, STEP is still Streamlines permitting
listed as a conditional use. This means STEP projects face Encourages STEP development
additional regulations that typically involve a longer local Reduces work for local government staff
government review process and may also include a public
input process that could delay permitting. The purpose of this process is to more carefully assess the
development's potential impacts on traffic, noise, safety and community character before granting approval
To increase STEP, communities can allow these projects in certain zones without this additional process.
Reduce and clarify requirements to streamline permitting
steps and reduce barriers for STEP development. Many
local ordinances and regulations are not consistent with
state law since they include occupancy, spacing and
intensity of use' requirements for STEP that are not
explicitly linked to public health and safety. Additionally,
many communities impose potentially burdensome development, operating, facility, reporting, service and
other requirements for STEP that differ from those for other similar residential dwelling types. When
developing local ordinances and regulations, jurisdictions can limit additional requirements for STEP to speed
up permitting, limit discretionary approval processes, reduce work for local government staff, support
developers and help increase affordable housing and STEP
production. Provides quicker and more predictable
Expedite permitting processes for STEP projects, thereby Prevents
providing quicker, more predictable timelines that help delays
prevent cost increases caused by project delays. Expedited
permitting processes require sufficient staff, so jurisdictions interested in this strategy can start by assessing
whether they need to hire additional employees to expedite
reviews more efficiently.
Provide land use and financial incentives to encourage households
more STEP production. Affordable housing and STEP Increases STEP production
developments face numerous challenges before they can
reach the construction phase, and a lack of project financing is often one of the most significant barriers. To
help STEP projects overcome this challenge, jurisdictions can play an important role by providing support
through density bonuses, reduced or waived fees, regulatory exemptions, free or discounted land, grants or
loans, tax exemptions, or other support.
Encourage STEP development in locations close to
healthcare services, transportation, jobs and other
amenities to promote economic mobility and access to
services. STEP housing is best suited for urban growth
areas and cities, but may be appropriate in select Limited
Areas of More Intense Rural Development (LAMIRDs) if
enough support services, transportation and infrastructure services are available.
2 Intensity with respect to STEP can refer to the density of people or services needed by participants in a single location or facility.
STEP 101 FACTSHEET — JULY 2024
V3.1 I Packet Pg. 59
MODEL ORDINANCE AND
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7.A.b
Acknowledgments
Washington State Department of Commerce
Laura Hodgson, Housing Planning and Data
Manager, Growth Management Services (GMS)
Anne Fritzel, AICP, Housing Section Manager, GMS
Kirsten Jewell, Housing Policy Manager, Housing
Division (HD)
Melodie Pazolt, Managing Director of Apple Health
and Homes Permanent Supportive Housing Unit,
HD
Kathy Kinard, Managing Director of Homelessness
Assistance Unit, HD
Abt Global
Lindsey Elam, AICP, Senior Analyst
Jill Khadduri, PhD, Principal Associate
Katie Kitchin, Director, State and Local Housing and
Asset Building
Candace Baker, Associate
Nam Ha, Associate Analyst
Georgia Rawhouser-Mylet, Associate Analyst
Frances Walker, Research Assistant
The Corporation for Supportive Housing
Theresa Tanoury, MSW, Seattle -based Senior
Program Manager
Lori Gutierrez, MSW, Senior Program Manager
Debbie Thiele, Western Region Managing Director
Sharon Rapport, California State Policy Director
Angela Brooks, FAICP, Illinois Program Director
Department of Commerce
P.O. Box 42525
Olympia, WA 98504-2525
www.commerce.wa.gov
For people with disabilities, this report is available on
request in other formats. To submit a request, please
call 7-1-1 and ask to be connected to 360-725-4000.
Thank you to the:
Advisory Committee:
Alliance for Housing Affordability at Housing
Authority of Snohomish County
Association of Washington Cities (AWC)
City of Bellingham
City of Port Townsend
City of Spokane
City of Vancouver
City of Wenatchee
Dee Caputo, FAICP, Washington State Department
of Commerce, Growth Management Services
(Retired)
Downtown Emergency Services Center (DESC)
Futurewise
GS Consulting
King County, Health through Housing
Mercy Housing Northwest
Washington State Association of Counties (WSAC)
Local jurisdictions and organizations that
participated in the state of the practice interviews:
City of Federal Way
City of Kenmore
City of Kent
City of Langley
City of Olympia
City of Spokane
City of Vancouver
City of Wenatchee
GS Consulting
King County
Lewis County
Plymouth Affordable Housing Development
Snohomish County
Washington State Department of Health
STEP STATE OF THE PRACTICE - JULY 2024
2
Packet Pg. 61
7.A.b
Contents
ExecutiveSummary..................................................................................................................................... 4
PromisingPractices..................................................................................................................................................4
Chapter1: Introduction................................................................................................................................ 7
Chapter2: Background................................................................................................................................ 9
Scale of Housing Needs in Washington State......................................................................................................... 9
Drivers of Homelessness in Washington State....................................................................................................... 9
Benefitsof STEP Development Types...................................................................................................................11
STEP Building Structure Types and Forms............................................................................................................12
Chapter 3: Relevant State and Federal Laws and Requirements.................................................................. 14
Definitions................................................................................................................................................................14
STEP Zoning and Development Regulation Laws.................................................................................................16
State Licensing and Operating Requirements.......................................................................................................21
Requirements Associated with State and Federal Funding................................................................................. 21
Chapter 4: Municipal Planning and Implementation.................................................................................... 25
PlanningRegionally for STEP................................................................................................................................. 25
Accommodating and Regulating STEP Locally
Permitting STEP ..................................................
Barriers to STEP Development ..........................
Promising Practices ...........................................
27
29
32
33
Appendices............................................................................................................................................... 35
Other Potentially Relevant Laws and Definitions.................................................................................................. 35
Licensing Requirements for Transient Accommodations and Crisis Shelters...................................................36
RelatedCase Law....................................................................................................................................................36
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Executive Summary
Washington state passed House Bill 1220 (HB 1220) in 2021, amending the Growth Management Act and
municipal code requirements (RCW 36.70A.070(2), RCW 35A.21.430 and RCW 35.21.683). The law requires
local governments to plan for and accommodate housing affordable to all income levels and outlines specific
zoning and development regulations for four different housing types. These housing types include indoor
Emergency Shelter, Transitional housing, Emergency housing and Permanent supportive housing (STEP).
Under the new municipal regulations, cities cannot prohibit emergency shelter and emergency housing in areas
where hotels or motels are allowed, and permanent supportive housing and transitional housing must be
allowed in any zones where residential dwellings and hotels are allowed. Additionally, local restrictions on
these developments related to spacing, occupancy and intensity of use that differ from other residential
development types must be linked to public health and safety and must allow for a sufficient number of
housing units to accommodate each city's projected housing needs.
Washington cities were required to update their regulations to be consistent with the municipal regulations by
September 2021. However, some communities lacked the necessary resources to comply, some were waiting
for Commerce to project housing needs for each county, and some implemented policies that created
additional barriers for increasing STEP in Washington. Local governing bodies have the police power to set
zoning and development rules, which is one way to lower barriers for affordable housing and STEP production
To encourage STEP, jurisdictions should avoid adding burdensome regulations and requirements and adopt
emerging best practices when developing their local ordinances.
The Washington State Department of Commerce contracted with Abt Global and the Corporation for
Supportive Housing to create a model ordinance and additional resources that are available to localities
throughout the state to regulate and encourage STEP development, comply with state and federal laws and
address local housing needs. To ensure the effectiveness of these efforts, an advisory committee consisting
of local jurisdictions, developers and non-profit organizations provided guidance and feedback.
The development of these materials also considered public input and promising practices from communities
in Washington and other parts of the country. These practices include reducing barriers to developing STEP by
creating local zoning ordinances that allow STEP outright as permitted uses in certain areas, reducing
regulations and requirements for STEP, expediting permitting processes for STEP, incentivizing STEP and
encouraging STEP near existing infrastructure and services.
Promising Practices
o Allow STEP developments outright as a permitted use in designated zones to streamline permitting. In
some areas of Washington state, STEP is still listed as a conditional use, so projects have additional
regulations that typically involve a more lengthy local government review process, and may also include a
public input process that may delay permitting projects. The purpose of the more involved conditional use
process is to more carefully assess the development's potential impacts on traffic, noise, safety and
community character before granting approval. To increase STEP production, communities can allow these
projects in certain zones without this additional process. For instance, in California, the County of Los
Angeles Homelessness Initiative encourages local jurisdictions to designate at least one area where
emergency shelters are allowed as a permitted use outright, also referred to as allowed by -right.'
' The Los Angeles County Homeless Initiative. Do's and Don'ts for Emergency Shelter Zoning. https://homeless.lacounty_gov/w -
content/uploads/2017/1 1/SB-2-Dos-and-Donts.pdf
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7.A.b
O Reduce and clarify requirements to streamline permitting and decrease barriers for STEP development.
Many initial STEP local ordinances and regulations are not consistent with state law by including
occupancy, spacing and intensity of use requirements for STEP that are not explicitly linked to public health
and safety in their ordinance. Additionally, many communities impose potentially burdensome
development, operating, facility, reporting, service and other requirements for STEP that differ from those
for other similar residential dwelling types. When developing local ordinances and regulations, jurisdictions
can limit additional requirements for STEP to speed up permitting, limit discretionary approval processes,
reduce work for local government staff, support developers and help increase affordable housing and
STEP production.
O Expedite permitting processes for STEP projects, thereby providing quicker, more predictable timelines
that help prevent cost increases caused by project delays. For example, Seattle has implemented an
expedited permitting process to encourage STEP production. Permanent supportive housing projects are
now exempt from design reviews, which can help speed up their construction timelines and address issues
of homelessness and housing insecurity more quickly. Another example includes the City of Port
Townsend and Jefferson County, which worked closely together to expedite the permitting for a specific
project that incorporates safe parking, a tiny house village and permanent supportive housing on the same
piece of county -owned property. Expedited permitting processes requires sufficient staff, so jurisdictions
interested in this strategy can start by assessing whether they need to hire additional employees to
expedite reviews more efficiently.
O Provide land use and financial incentives to encourage more STEP production. Affordable housing and
STEP developments face numerous challenges before they can reach the construction phase, and a lack of
project financing is often one of the most significant barriers. To help STEP projects overcome this
challenge, jurisdictions can play an important role by providing support through density bonuses, reduced
or waived fees, regulatory exemptions, free or discounted land, grants or loans, and more. A few cities with
incentives for affordable housing and STEP include Anacortes, Bellevue, Bothell, Burien, Marysville,
Redmond, Sammamish and Seattle. King County established the Health through Housing (HTH) Initiative,
which uses its affordable housing sales tax funds to collaborate with local cities to build up to 1,600
emergency housing and permanent supportive housing units for people experiencing or at risk of chronic
homelessness.2 s
O Encourage STEP development in locations close to healthcare services, transportation, job prospects and
other amenities to promote economic mobility and access to services. To meet the growing demand for
housing and other community needs, local affordable housing and STEP providers and developers agree
that jurisdictions can support the development of successful STEP by being intentional about the location
of STEP. Many communities throughout Washington state and the country encourage affordable housing
and STEP development in areas where existing infrastructure and services exist to promote sustainability;
inclusivity; accessible services, transportation and employment opportunities; and the overall wellbeing of
residents. Therefore, STEP is best suited for urban growth areas and cities, but may be appropriate in
2 King County. Health through Housing A Regional Approach to Address Chronic Homelessness.
https://kinacounty_aov/en/legacy/depts/community-human-services/initiatives/health-through-
housing#:-:text=The%20Health%2OThrouah%2OHousinci%20%28HTH%29%201nitiative%20is%20an.people%20experiencinci%20or%20a
t%20risk%20of%20chronic%20 homelessness.
3 HB 1590, laws of 2019, authorizes county or city legislative authorities to impose a local sales and use tax for housing and related
services and eliminates the requirement that the tax be subject to the approval of a majority of county or city voters. For other local
affordable housing funding tools, see Appendix B, Exhibit B5 (pages 120-121) of Guidance for Updating Your Housing Element.
STEP STATE OF THE PRACTICE - JULY 2024
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7.A.b
select Limited Areas of More Intense Rural Development (LAMIRDs) if enough support services,
transportation and infrastructure services are available.
O Partner with local service providers to create STEP regulations that are responsive to their needs.
Affordable housing developers and service providers understand what is involved with developing STEP
and how STEP operates. These stakeholders can help a local jurisdiction identify places in code where the
regulations may cause barriers to STEP development and identify ways to reduce or remove those barriers
Communities can use these emerging best practices to encourage STEP production, accommodate local
housing needs and support STEP developers, clients and staff. Implementing these practices can benefit some
of Washington's most vulnerable populations, increase housing stability, promote community integration and
contribute to larger initiatives to tackle homelessness and housing insecurity in the state.
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Chapter 1: Introduction
In 2021, Washington state passed House Bill 1220, which amended the Growth Management Act (GMA) and
municipal code requirements-(RCW 36.70A.070(2), and RCW 35A.21.430 and RCW 35.21.683, respectively).
The GMA requires cities and counties to develop comprehensive plans and development regulations for their
communities. The new law mandates that county and local governments plan for and accommodate housing
that is affordable for households of all income levels, including enough land capacity for all local housing
needs.
In addition, Sections 3-5 of the law outline specific zoning and development regulations for four different
housing types: Emergency Shelter, Transitional housing, Emergency housing and Permanent supportive
housing (STEP). Definitions for these types of housing and shelter are in the Growth Management Act and
other statutes:
0 Emergency shelter means a facility that provides a temporary4 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 include day and warming centers that do not provide
overnight accommodations. RCW 36.70A.030(15)
0 Transitional housing means a project that provides housing and supportive services to homeless persons
or families for up to two years5 and that has as its purpose facilitating the movement of homeless persons
and families into independent living. RCW 84.36.043(3)(c)
0 Emergency housing means temporary4 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. RCW 36.70A.030(14)
0 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. RCW
36.70A.030(31)
Most notably, state law says city codes cannot prohibit indoor emergency housing or indoor emergency
shelters in areas where hotels are allowed unless the city has already authorized such housing in more than
50% of their zones within one mile of transit. Areas zoned for hotels and all areas zoned for residential
dwellings in cities must allow permanent supportive housing and transitional housing.
Additionally, any local restrictions on spacing, occupancy and intensity of use for these STEP developments
that differ from other residential development types must be linked to public health and safety in a
4 Temporary applies to the person and how long they reside there, not the structure or length of time for the land use.
5 Although transitional housing is designed to move people into permanent housing in less than two years, some transitional housing
programs do not limit the stay to two years.
STEP STATE OF THE PRACTICE - JULY 2024 7
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7.A.b
community's local ordinance. These regulations must also not be so restrictive that they prevent the
development of a sufficient number of housing units to meet the city's identified housing needs.
O Occupancy: RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227 state cities and counties may not
regulate or limit the number of unrelated persons who may occupy a dwelling unit except as provided for in
state law, for short-term rentals or by occupant load per square foot.
O Spacing: Spacing can refer to the distance between similar uses or the proximity to services (e.g.,
transportation). Any spacing requirements should not exceed the spacing required by RCWs 9.94A.030.
9.94A.703 and 9.94A.8445, which create community protection zones of 880 feet to prevent sex offenders
from living near schools.
O Intensity. With respect to STEP, intensity can refer to the density of people, transportation and/or services
needed by the participants who live in a single location or facility.
Washington's jurisdictions were required to update their regulations consistent with the municipal regulation
requirements by September 2021. However, many communities lacked the resources or ability to do so at that
time, or were waiting for Commerce to project housing needs for their county. Furthermore, some of the
jurisdictions that updated their regulations did not comply with state and federal laws, and they imposed new
rules that hindered the development of STEP in Washington.
To help address these challenges, the Washington State Department of Commerce contracted with AM Global
and the Corporation for Supportive Housing, as well as worked with an advisory committee comprised of local
jurisdictions, developers and nonprofits to create resources
to support local governments. These resources include this
report, a model ordinance and other materials that localities
across the state can use to help them encourage STEP
development to comply with state and federal laws and
address local housing needs.
In addition to the advisory committee's feedback and public
input, this State of the Practice Report informed Commerce's
STEP Model Ordinance, User Guide and Best Practices
Report and Communications Toolkit to further support local
jurisdictions. STEP materials were also be coordinated with
the state's Apple Health and Homes Permanent Supportive
Housing (PSH) Communications Toolkit and the statutory
definitions for STEP.
The State of the Practice Report provides
county and local governments with:
• Background information on housing
needs in Washington state.
• Excerpts from relevant state and
federal laws.
• A summary of existing local
ordinances and regulations.
• Promising practices for addressing
the siting and development of STEP
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Chapter 2: Background
Washington does not have enough housing to meet demand, resulting in housing prices rising faster than local
wages, a main driver of increasing homelessness.6 To meet immediate affordable housing needs, state and
local governments must encourage a diverse set of housing options, including STEP, to adequately address
the unique needs of individuals, families, unaccompanied youth, seniors, veterans, people with disabilities and
other subpopulations who are at the greatest risk of losing their housing in these market conditions.
This chapter discusses:
• The scale of housing needs in Washington,
• Why there is so much need and the drivers of homelessness, and
• What STEP looks like in Washington state.
Scale of Housing Needs in Washington State
Updates to RCW 36.70A.070(2) in 2021 revised how jurisdictions should plan for housing in their
comprehensive plans. As part of this change, the Department of Commerce now provides projections of
individual counties' future housing needs, including emergency housing and permanent supportive housing
Counties must work with their local jurisdictions to plan for and accommodate these needs.
Commerce's final housing needs projections show a demand for 1.1 million homes over the next two decades
Of that 1.1 million, more than 600,000 homes need to be affordable for individuals at the lowest income levels
(i.e., less than or equal to 80% of the area median income). Census data and population forecasts underscore
the necessity for more than 50,000 new housing units annually to match the current projection as well as
expected population growth.'s
Because of an insufficient housing supply that cannot meet the rising demand, rent prices in Washington have
significantly increased, while wages have only grown modestly. As of March 2024, there is a shortage of
171,981 rental homes that are affordable to renters with extremely low -incomes.' In order to afford rent for a
two -bedroom home at the U.S. Department of Housing and Urban Development's (HUD) fair market rent, an
annual household income of $75,556 or $36.33 per hour is required, which is much higher than the state
minimum wage of $16.28 per hour.10, 11 To address the issue, many localities will need to plan for high and
medium -density housing such as apartments, condominiums, multiplexes and accessory dwelling units, which
are generally more affordable.
Drivers of Homelessness in Washington State
Based on the U.S. Department of Housing and Urban Development's (HUD) Annual Homeless Assessment
Report to Congress for 2023, Washington is one of 25 states that have had a significant increase in
6 Washington State Department of Commerce. Drivers of Homelessness in Washington State. 2018.
www.youtube.com/watch?v=X8NUHqpPf-U
' Washington Department of Commerce. Washington state will need more than 1 million homes in the next 20 years. State of
Washington. 2023. www.commerce.wa.aov/news/washington-state-will-need-more-than-1-million-homes-in-next-20-years/
8 For projections broken down by county, see Washington Department of Commerce's Planning for Housing in Washington (2023)
9 National Low Income Housing Coalition. 2024 Washington Housing Profile. https://nlihc.org/sites/default/files/SHP_WA.pdf
10 National Low Income Housing Coalition. How much do you need to earn to afford a modest apartment in your state? 2023.
https://nlihc.ora/oor
11 Washington Department of Labor & Industries. Minimum Wage. 2024. www.Ini.wa.aov/workers-rights/wages/minimum-wage/
STEP STATE OF THE PRACTICE - JULY 2024 9
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homelessness, with a 19.9% rise from 2007 to 2023.12 This trend is driven mainly by rising rental costs, w is
force individuals living on the edge into homelessness. Since 2012, rental prices in the state have increased
significantly, particularly in urban centers such as King County. Low vacancy rates have worsened the
situation, making it difficult for people to find housing even with adequate income or rental assistance. Despite
an increase in income in the state, rents have risen at a faster rate, particularly for middle and lower -income
households. Increases in homelessness driven by increasing rent prices have overshadowed the increased
investments and effectiveness of homeless housing systems since 2012.
While events such as losing a job, experiencing family instability or drug or alcohol addiction can put
individuals and families at greater risk of homelessness in a tight housing market, evidence suggests that
these factors are not responsible for Washington's trend of increasing unsheltered homelessness. In the same
period that homelessness in Washington significantly increased, the state experienced:
• Growth in workforce participation
• Declines in teenage pregnancy and divorce
• Drug overdose deaths increasing slower than they were nationally
• Gross Domestic Product and wage growth
• Sharp increases in rental prices
This evidence shows that rising rents, combined with lagging income growth and a lack of housing supply, are
the core causes of increased homelessness in the state. Additional investments and system improvements at
both state and local levels are needed to address this issue. Tackling the root causes of rent increases is
crucial for effectively reducing homelessness.13
People of color in Washington state are disproportionately affected by homelessness. As of July 2023, the
demographic composition of the homeless or unstably housed population in Washington reflects a diverse
range of backgrounds and significant disparities in who is experiencing homelessness. Among more than
202,000 homeless people recorded, approximately 13.2% identify as Native American or Alaska Native,
contrasting to the 2% representation in Washington state's total population. Similarly, 19.8% of the homeless
population are African American or Black, a demographic distinctly higher than the 4.6% representation in the
state's overall population. Additionally, 5.5% of the homeless population identify as Native Hawaiian or Pacific
Islander, compared to 0.8% representation in Washington state's total population (see Chart 1).
According to the 2023 Homelessness in Washington report by Commerce, over 13,000 young people aged 12
to 24 face homelessness, often without parental support, termed "unaccompanied homelessness." This issue
stems from complex factors, such as family dysfunction, system failures (like foster care exits) and societal
challenges like economic instability and racism. Notably, 15% of youth experience homelessness within a year
of leaving public systems and structural racism contributes to disproportionate rates among Black and Native
youth, who make up at least 50% of homeless youth.
LGBTQ+ youth facing family rejection are also at heightened risk, comprising up to 40% of the homeless youth
population. Additionally, lack of education significantly increases the likelihood of homelessness; a national
survey found that youth who did not complete high school were 4.5 times more likely to experience
12 de Sousa, et al. AHAR Report. 2023. U.S. Department of Housing and Urban Development.
www.huduser.gov/portal/datasets/ahar.htm1
13 Washington State Department of Commerce. Drivers of Homelessness in Washington State. 2018.
www.youtube.com/watch?v=X8NUHqpPf-U
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7.A.b
homelessness than those who completed high school.14 This forms a concerning cycle of instability for
vulnerable youth, highlighting the urgent need for comprehensive support systems.
These figures indicate the significance of addressing homelessness across various racial and ethnic
communities and highlight the need for targeted support and resources to address the unique challenges
faced by each group within the homeless population.
Chart 1: Racial Disparities in Homelessness
in Washington state
08%
Native Hawaiian/Pacific Islander
Black or African American
Native American or Alaska Native 61111111111111111111
Asian Em
Hispanic or Latino
White
■ % of Washington state total Population ■ % of Washington state Homeless Population
Benefits of STEP Development Types
STEP can help various populations, including formerly homeless aging adults, families with child welfare
involvement, individuals with chronic patterns of homelessness, people involved with the justice system and
adults with intellectual and developmental disabilities.
STEP, like emergency shelters, emergency housing and transitional housing, may help individuals and families
experiencing homelessness meet their basic needs while they wait for affordable permanent housing to
become available. By offering an alternative, STEP can reduce the number of people living and sleeping in
unsafe conditions and divert people from living in public spaces.
Benefits of STEP include the following:
o Provides support services aiding participants in maintaining stable housing.
o Connects individuals to essential services such as physical and mental health care, employment
opportunities and public benefit income.15
14 Chapin Hall. Missed Opportunities: Education Among Youth Experiencing Homelessness in America. University of Chicago. 2019.
https://nn4youth.org/wp-content/uploads/ChapinH all_VoYC_Education-Brief.pdf
11 Public benefit income is Income that is received from public sources such as Medicare, social security, disability, SNAP, Housing and
Essential Needs (HEN), etc.
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7.A.b
O Improves participants' mental and physical health through timely medical care, access to mental hea
care and preventive care.
O Enhances participants' employment prospects and incomes, fostering social connections.
O Reduces the likelihood of participants being incarcerated.
O Permanent supportive housing decreases the public cost burden on other services, such as hospitals and
emergency shelters; therefore, it costs the same amount or less than its alternatives.16
STEP Building Structure Types and Forms
The term STEP, as used in this report and the state's model ordinance, refers to developments that adhere to
the International Residential Building Code (IRBC), which includes rules for a permanent foundation, safe
plumbing and electrical practices, insulation, weather tightness, energy efficiency and safety (smoke alarms
and egress).
With regard to emergency housing and emergency shelter, RCW 35.21.683 and RCW 35A.21.430 state that
jurisdictions must not prohibit indoor emergency shelters and indoor emergency housing in all zones in which
hotels are allowed. "Indoor," as used in the definitions of indoor emergency housing and indoor emergency
shelter (RCW 36.70A.030) is interpreted in this report and the state's model ordinance as a subset of all of the
possible building forms in which shelters can be provided, as indicated in Table 1. "Indoor" implies buildings
that are affixed to the ground and have indoor plumbing, and therefore would exclude housing forms that are
on wheels or that lack internal sanitation and/or cooking facilities.
Therefore, cities are not required to allow non -building code compliant structures as STEP, but the Department
of Commerce encourages local governments to allow non-standard types of STEP as an alternative to sleeping
outside to provide safer places for people experiencing homelessness. These non-standard housing types
could include, for example, safe parking, pallet shelters and other non-standard projects that offer occupants
sanitation services, connections to community services and support in finding permanent housing.
Some local jurisdictions have observed that many organizations are proposing non -building code compliant
structures or structures that may not have indoor plumbing, especially for emergency shelter, such as
temporary pallet shelters, tent encampments and safe parking areas. This sometimes presents challenges for
local jurisdictions because their codes may limit these types of structures. An additional challenge observed is
that there are no adopted statewide standards for safe human habitation in temporary emergency shelters, but
building codes for these shelters should be available by July 2026.11 Additionally, tiny homes and park model
homes18 may also face barriers because their size and dimensions may not conform to standard building
codes.
STEP can be provided through a variety of building, facility and shelter types and forms, including but not
limited to those listed in Table 1. Permanent supportive housing requires a lease, while emergency and
transitional housing may or may not require one.19
16 Corporation for Supportive Housing. FAQ's about Supportive Housing Research: Is Supportive Housing Cost Effective? 2018.
www.csh.org/wp-content/uploads/2018/06/Cost-Effectiveness-FAQ. pdf
17 The Washington Legislature adopted Senate Bill 5553 in 2023 that directs the state building code council to adopt standards for
temporary emergency shelters and make them available for local adoption. This may assist local governments with these building code
questions for unique shelter accommodations.
18 Park model homes, as defined in RCW 59.20.030(20), means a recreational vehicle intended for permanent or semi -permanent
installation and is used as a primary residence. Essentially, they are a cross between manufactured homes and recreational vehicles
(RVs).
19 Some of the forms listed in Table 1, such as tiny homes, can also be used for other housing types that are not related to STEP.
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Table 1 - STEP Building Structure Types and Forms
Single -site Congregate Living Y Y Y
Scattered -site Apartments Y Y Y Y
Tiny Homes* as defined in RCW 35.21.686 Y Y Y Y
or Small Cottages**
Tiny Homes on Wheels, as defined in RCW Y Y Y Y
35.21.686
Tiny Shelters,*** including Prefabricated Y Y
Shelter and Containers (e.g., pallet shelters)
Park Model Homes as defined in RCW Y Y Y Y
59.20.030(20)
Manufactured Home as defined in RCW Y Y Y Y
59.20.030(9)
Tent Encampments Y
Safe Parking (cars or RVs)**** Y
Single-family homes Y Y Y Y
Hotel/ Motel Units Y Y Y Y
Crisis Shelters Y
Rental Units with Leases Y Y Y
No Leases Typically Y Y
*See RCW 35.21.686: a dwelling to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking, and sanitation built in
accordance with the state building code.
**Small Cottages, as defined in the forthcoming Housing Trust Fund (HTF) Handbook: Single dwelling units smaller than 400 square feet, built on a
foundation that provides complete living facilities such as living, sleeping, eating, cooking and sanitation. To be eligible for HTF capital funding, these
must be built to Washington State Building Code, defined within Appendix Q of the Washington Residential Building Code revised 2021.
***Tiny Shelters, as defined in the forthcoming Housing Trust Fund (HTF) Handbook: Temporary shelters that do not have the amenities of a single
dwelling unit, and rely on shared facilities for dining, laundry and bathrooms. Structure may or may not be on a foundation. For HTF funding, Washington
State Building Code will be required when supplemental standards are adopted.
****RVs are not intended for long-term living except in manufactured home parks, where they must be allowed, and local governments may designate
other areas where they may be allowed (RCW 35.21.684). Although it is recognized that RVs are used for long-term housing in many places.
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Chapter 3: Relevant State and Federal Laws and
Requirements
Various state and federal laws, definitions and other requirements contribute to the siting and development of
STEP in the state of Washington. This chapter discusses:
• Definitions for important undefined or related terms in the Growth Management Act, RCWs 35A.21 and
35.21, and other existing laws;
• Excerpts from current standards, rules, ordinances and legal precedents;
• Summaries of state licensing and operating requirements; and
• Explanations of federal and state funding requirements.
Definitions
The additional definitions provided below are from
legislation relevant to the siting and development of STEP
in Washington state. These definitions provide additional
information for interpreting the laws, guiding development,
and promoting consistency and adherence to state
requirements:
Affordable housing means, unless the context clearly
indicates otherwise, residential housing whose monthly
costs, including utilities other than telephone, do not
exceed 30% of the monthly income of a household whose
income is:
For rental housing, 60%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
For owner -occupied housing, 80% 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. RCW 36.70A.030
Affordable housing development, at a minimum in the
context of RCW 36.130, means a housing development in
which at least 25% of the dwelling units within the
Related Terms
Crisis shelter is defined as a transient
accommodation, at a permanent physical
location, providing emergency or planned
lodging services to a specific population, for
periods of less than thirty days. A crisis shelter
may or may not be reimbursed for services in
the form of rental fee or labor, WAC 246-360-
010. A crisis shelter could be categorized under
emergency housing or shelter, and there is
potential overlap with transitional housing.
Efforts are underway to update transient
accommodations rules to address these
challenges with support from the Department
of Commerce, the State Board of Health, and
the state legislature.
Shelter can also be defined as temporary
lodging with supportive services, offered by
community -based domestic violence programs
to victims of domestic violence and their
children. RCW 70.123.020
Transient accommodation is defined as any
facility that offers three or more lodging units
to guests for periods of less than 30 days,
consistent with WAC 246-360.
development are set aside for or are occupied by low-income households at a sales price or rent amount that
is considered affordable by a federal, state or local government housing program, (RCW 36.130.010). Indoor
emergency housing or transitional housing that is administered through a lease and permanent supportive
housing are determined to be affordable housing under RCW 36.130.020.20
20 Draft Washington Administrative Code (WAC) Changes - 365-196-Part 4 - March 2024
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Emergency housing is defined in two distinct ways in state code. The Department of Revenue uses the
definition in RCW 84.36.043(3)(b) to assess the tax-exempt status of organizations operating emergency
shelters. The definition diverges from the Department of Commerce's definition of emergency shelter in the
Introduction section. Emergency housing, in the context of RCW 84.36.043, refers to a project that offers
housing and supportive services to homeless individuals or families for a duration of up to sixty days.
Homeless Management Information System is a generic term for an electronic record system that enables
information -gathering about and continuous case management of people experiencing homelessness across
agencies in a particular jurisdiction (city, county and/or state). Homeless service providers collect information
about their clients and input it into HMIS so that it can be matched with information from other providers in the
state to get accurate counts of clients and the services they need. In order to be eligible for federal homeless
assistance funding, agencies must participate in an HMIS that allows them to collect and report on the specific
data elements outlined in the HMIS Data and Technical Standards.
Homeless, homeless individual and homeless person, as defined by federal law and HUD, means—
(1) an individual or family who lacks a fixed, regular and adequate nighttime residence;
(2) an individual or family with a primary nighttime residence that is a public or private place not designed for
or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned
building, bus or train station, airport or camping ground;
(3) an individual or family living in a supervised publicly or privately operated shelter designated to provide
temporary living arrangements (including hotels and motels paid for by Federal, State or local government
programs for low-income individuals or by charitable organizations, congregate shelters and transitional
housing);
(4) an individual who resided in a shelter or place not meant for human habitation and who is exiting an
institution where he or she temporarily resided;
(5) an individual or family who —
(A) will imminently lose their housing, including housing they own, rent or live in without paying rent, are
sharing with others, and rooms in hotels or motels not paid for by Federal, State or local government
programs for low-income individuals or by charitable organizations, as evidenced by—
(i) a court order resulting from an eviction action that notifies the individual or family that they must
leave within 14 days;
(ii) the individual or family having a primary nighttime residence that is a room in a hotel or motel and
where they lack the resources necessary to reside there for more than 14 days; or
(iii) credible evidence indicating that the owner or renter of the housing will not allow the individual or
family to stay for more than 14 days, and any oral statement from an individual or family seeking
homeless assistance that is found to be credible shall be considered credible evidence for purposes of
this clause;
(B) has no subsequent residence identified; and
(C) lacks the resources or support networks needed to obtain other permanent housing; and
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7.A.b
(6) unaccompanied youth and homeless families with children and youth defined as homeless under other
Federal statutes who —
(A) have experienced a long term period without living independently in permanent housing,
(B) have experienced persistent instability as measured by frequent moves over such period, and
(C) can be expected to continue in such status for an extended period of time because of chronic
disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic
violence or childhood abuse, the presence of a child or youth with a disability, or multiple barriers to
employment.
The federal government provides further criteria and reporting requirements for defining homelessness.
Reasonable, for the purposes of RCW 35A.21.43O and RCW 35.21.683 and this report, includes only those
requirements imposed to protect public health and safety. Requirements that prevent the siting of a sufficient
number indoor STEP are not reasonable. In addition, reasonable requirements must comply with any
applicable civil rights protections provided by the Washington Law Against Discrimination, the Fair Housing
Act, and the American with Disabilities Act. Reasonable requirements can vary with geographic size and
population of the jurisdiction and the current siting of these housing types. Any occupancy, spacing, and
intensity of use requirements should be justified by reference to building code, fire code or other citations
within an ordinance.
Reasonable accommodations and reasonable modifications, as defined by the U.S. Department of Housing and
Urban Development (HUD), are changes that allow individuals with disabilities to access, use and enjoy
housing, including dwelling units, public and common areas, laundry rooms and parking. A reasonable
accommodation or reasonable modification has to be connected to your disability. The Americans with
Disability Act often refers to these types of accommodations as "modifications."
Religious organization means the federally protected practice of a recognized religious assembly, school or
institution that owns or controls real property defined in RCW 36.O1.29O(6)(c). State laws allow religious
organizations more flexibility than other developers or providers hosting emergency housing and shelters. The
definition provided in the model ordinance applies to counties and "hosting the homeless." It is likely that a
local government may need to use a broader definition than just one that owns or controls property in other
contexts. This definition is just for the purpose of RCW 36.01.290, hosting the homeless by religious
organizations, and RCW 36.70A.545, increased density bonus for affordable housing located on property
owned by a religious organization. It is not required to be used more broadly.
Sufficient in the context of RCW 35.21.683 and RCW 35A.21.430 refers to the availability of adequate
permanent supportive housing and indoor emergency housing or shelter within a jurisdiction. Specifically,
"sufficient" means enough permanent supportive housing and indoor emergency housing or shelter could be
built under current local regulations or is available to meet local housing needs based on the jurisdiction's
share of the countywide housing need by income level in its comprehensive plan.
STEP Zoning and Development Regulation Laws
A number of state and federal laws relate to zoning and development regulations that apply to STEP. These
laws are described below and summarized in the quick reference chart provided in Table 2.
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7.A.b
Washington state laws that specifically apply to STEP
O The Growth Management Act and RCWs 35A.21 and 35.21 require local governments to plan for and
accommodate housing affordable to all income levels as provided by the Department of Commerce.
Documentation of land use capacity for emergency housing and permanent supportive housing needs is
required for both counties and cities (RCW 36.70A.070(2)(c)). Countywide housing needs are determined
based on a selected population target from the state -provided population projection range, using
Commerce's Housing for All Planning Tool (HAPT) to identify projected housing needs by income level.
These countywide housing needs are to be allocated to each jurisdiction in a county. Each jurisdiction
should document its share of the countywide housing need by income level in its comprehensive plan's
housing element and show that it has sufficient land capacity for these needs in a land capacity analysis.
O The Growth Management Act and RCWs 35A.21 and 35.21 establish minimum requirements to meet state
law for STEP. Cities may only impose reasonable occupancy, spacing and intensity of use limits on
permanent supportive housing, transitional housing, indoor emergency housing and indoor emergency
shelters to protect public health and safety (RCW 35.21.683 and RCW 35A.21.430). Any such limits must
not prevent the siting of a sufficient number of STEP units and beds necessary to accommodate projected
needs as required for the community's housing element.
O Consistent with RCW 35.21.683 and RCW 35A.21.430, city code must allow permanent supportive and
transitional housing in any zones in which residential dwelling units or hotels are allowed. This requirement
includes traditional single-family detached housing zones.
O Consistent with RCW 35.21.683 and RCW 35A.21.430, city code 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. Even if a jurisdiction does not allow hotels in any
zone, they must allow the siting of a sufficient number of indoor emergency shelter beds and/or
emergency housing units to meet their allocation.
O City code must allow permanent supportive housing in areas where multifamily housing is permitted under
RCW 35.21.689.
State laws for land use regulation
O Fully planning local governments are required to document how they have sufficient land use capacity for
all future housing needs by income level (RCW 36.70A.070(2)(c)). To determine whether jurisdictions have
the land capacity for STEP, local governments can refer to Guidance for Updating your Housing Element
Book 2 for specific steps, starting on page 41 for emergency housing, and starting on approximately page
31 for permanent supportive housing.
O Fully planning counties are required to have countywide planning policies that consider the need for
housing for all economic segments and the parameters for its distribution (RCW 36.70A.210(3)(e)).
O A city, county or other local governmental entity or agency may not adopt, impose or enforce requirements
on an affordable housing development that are different than the requirements imposed on housing
developments generally (RCW 36.130.020). However, this law does not prohibit any city, county or other
local governmental entity or agency from extending preferential treatment to affordable housing
developments, including, but not limited to a reduction or waiver of fees, changes in applicable
requirements, or other treatment that reduces or is likely to reduce the development or operating costs of
an affordable housing development.21
21 A local government may also impose and enforce requirements on affordable housing developments as conditions of loans, grants
or affordable housing incentives (RCW 36.130.020(3)). However, regulations must be consistent to all affordable housing that receives
STEP STATE OF THE PRACTICE - JULY 2024 17
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n
0
0
X
U
0
0
C47
0
7.A.b
City and county regulations may not limit the number of unrelated persons that may occupy a househola or
dwelling unit except for lawful limits on occupant load per square foot or building code limits (RCW
35.21.682, RCW 35A.21.314 and RCW 36.01.227). Jurisdictions looking for assistance should consult their
building official/applicable building codes.
City and county development regulations must allow an increased density bonus consistent with local
needs for any affordable housing development (including permanent supportive housing and STEP with
leases) of any single-family or multifamily residence located on real property owned or controlled by a
religious organization (RCW 36.70A.545). Communities may choose to increase zoning on those properties
c
or determine a certain bonus density should they apply for a development.
q
Regulatory limits on outdoor encampments, safe parking efforts, indoor overnight shelters, and temporary
o
small houses on property owned or controlled by a religious organization must be consistent with RCW
c
35.21.915 and RCW 36.01.290, which are very rigorous lists of potential items. For example, any religious
a
organization hosting the homeless with a publicly funded managing agency must utilize the Homeless
Management Information System (RCW 35.21.915(5)).
A city, county or other local governmental entity or agency may impose and enforce requirements on
=
affordable housing developments as conditions of loans, grants, financial support, tax benefits, subsidy
o
funds or sale or lease of public property; or as conditions to eligibility for any affordable housing incentive
=
program under RCW 36.70A.540 or any other program involving bonus density, transfer of development
w
rights, waiver of development regulations or fees or other development incentives.
U)
State law establishes an 880-foot community protection zone around public and private schools, which
regulates where level two and three sex offenders may not live (RCW 9.94A.020(6)). It is not necessary or
c
advised to add local regulations to create a community protection zone.
;
Public hearing requirements for moratoria and interim zoning control are not applicable to ordinances or o
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 (RCW 36.70A.390).
Restrictions and requirements imposed on the siting, development and operations of STEP must not
violate civil rights protections provided by the Washington Law Against Discrimination, as well as the
4-
federal Fair Housing Act and the Americans with Disabilities Act, in RCW 49.60.222 specifically (1)(f) and
0
(2)(a), (b) and (c). Individuals experiencing homelessness or at risk of homelessness are disproportionately
2
members of several protected classes under state and federal laws. These classes include but are not
0
limited to people with disabilities and people of color. To comply with these regulations, policymakers
N
must ensure equitable access to supportive services and housing opportunities for all individuals.
Permanent supportive housing and other types of housing that require leases must adhere to the
a
Washington State Residential -Landlord Tenant Act, which include laws such as landlords must give tenants
at least 2 days' written notice before entering a rental to make repairs or inspect the place and landlords
must have good cause for evicting a tenant (e.g., not paying rent, missing a payment under an installment
c
plan, not following the rental agreement or drug -related or gang -related activity).
Washington State Environmental Policy Act (SEPA) requires all branches of government in the state to
examine their laws, regulations and policies to assess their environmental impacts to ensure
Q
environmental values are part of state and local decision -making.
benefit, and proportional and connected to benefit. For example - if a jurisdiction allowed parking waivers for developments, they could
require a parking management plan, or if the jurisdiction provided a grant or funding for affordable housing, the jurisdiction could
require that audits be performed to ensure units are available to residents meeting income requirements.
STEP STATE OF THE PRACTICE - JULY 2024 18
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7.A.b
Federal laws
O According to the Fair Housing Act, city and county codes must not discriminate against the siting of
housing for people with disabilities or any reasonable accommodations associated with the housing. The
Fair Housing Act prohibits jurisdictions from making zoning or land use decisions or implementing land
use policies that exclude or discriminate against people with disabilities. The Fair Housing Act also
prohibits enforcing a "neutral" rule or policy that has a disproportionately adverse effect on a protected
class unless there is a valid business reason for the rule or policy and the housing provider can show that
there is no less discriminatory means of achieving the same result. Federal fair housing protected classes
are race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status
and disability.
O The Americans with Disabilities Act prohibits discrimination against individuals with disabilities and
provides enforceable standards to address discrimination, including accessible design standards for newly
constructed and renovated state and federal facilities, public accommodations and commercial buildings.
O The Religious Land Use and Institutionalized Persons Act states, "no government shall impose or
implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of
a person, including a religious assembly or institution, unless the government demonstrates that
imposition of the burden on that person, assembly, or institution (a) is in furtherance of a compelling
governmental interest; and (b) is the least restrictive means of furthering that compelling governmental
interest."
The federal and state laws described above apply to certain STEP types, as set forth in the reference Table 2.
Table 2 - STEP Types and Applicable Laws
The Growth Management Act and RCWs 35A.21 and 35.21 require local governments to
plan for and accommodate housing affordable to all income levels.
RCW 35.21.683 and RCW 35A.21.430 states that cities shall not prohibit indoor emergency
shelters and indoor emergency housing in any zones in which hotels are allowed. Cities
must also allow permanent supportive and transitional housing in zones where residential
dwelling units or hotels are allowed. They may limit occupancy, spacing and intensity of
use requirements to protect public health and safety so long as such limits allow the siting
of a sufficient number of units/beds to accommodate each city's projected housing
needs.
RCW 35.21.689 and RCW 35A.21.305 require cities to allow permanent supportive housing
in areas where multifamily housing is permitted.
RCW 36.130.020 prohibits any local government from having requirements on an
affordable housing development that are different from the requirements imposed on
housing developments generally.
RCW 35.21.682. RCW 35A.21.314 and RCW 36.01.227 prohibit any local government from
having requirements related to unrelated persons that may occupy a unit.
Y*
Y*
Y
Y
I
Y
I Y
RCW 36.70A.545 requires fully planning cities and counties to allow increased density I I Y*
bonuses for any affordable housing on real property owned or controlled by a religious
organization.
Y*
RCW 35.21.915, RCW 35A.21.360 and RCW 36.01.290 any local government regulatory I Y I I Y
limits on encampments, safe parking, overnight shelters, and temporary small houses on
property owned or controlled by a religious organization.
RCW 36.70A.540 gives authority to local governments to offer incentives in exchange for I I Y* I Y*
providing development for low-income housing units.
VA
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7.A.b
RCW 36.70A.070(2)(c) requires fully planning local governments to document how they I Y** I I Y I Y
have sufficient land use capacity for all future housing needs by income level.
RCW 36.70A.210(3)(e) requires fully planning counties to have countywide planning
Y
Y
Y
Y
policies that consider the need for housing for all economic segments and the parameters
for its distribution.
Y
Y
Y
Y
RCW 9.94A.020(6) regulates where level two and three sex offenders may not live.
RCW 36.70A.390 states public hearing requirements for moratoria and interim zoning
Y
Y
Y
Y
control are not applicable to regulations that prohibit building permit applications for
transitional housing or permanent supportive housing in any zones in which residential
dwellings or hotels are allowed or prohibit indoor emergency shelters and indoor
emergency housing in any zones in which hotels are allowed.
Washington Law Against Discrimination prohibits requirements imposed on STEP that
Y
Y
Y
Y
violate civil rights protections.
I
I Y*
I Y*
I Y
Washinaton State Residential -Landlord Tenant Act includes laws landlords must follow.
Washington State Environmental Policy Act requires all branches of government in the Y Y Y Y
state to examine their laws' environmental impacts. At the local level, this requires an
assessment of comprehensive plans, development regulations, and project permits unless
specifically exempted by the act.
i
Americans with Disabilities Act prohibits discrimination against individuals with Y Y Y Y
disabilities and provides enforceable standards to address discrimination.
Fair Housing Act prohibits "neutral" policy that has a disproportionately adverse effect on Y Y Y Y
a protected class.
Religious Land Use and Institutionalized Persons Act prevents the implementation of land Y Y Y Y
use regulations that impose a substantial burden on the religious exercise of a person.
*Only applicable when the housing has a lease.
**Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs.
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7.A.b
State Licensing and Operating
Requirements
In Washington state, not all STEP have licensing and operating
requirements under state law.
Temporary Accommodations
The Department of Health (DOH) has the authority to license
some shelters under transient accommodation rules,
consistent with WAC 246-360. A transient accommodation is
any facility that offers three or more lodging units to guests for
periods of less than 30 days. Shelters are required to be
licensed through DOH if they offer three or more lodging units
for periods of less than thirty days. Most shelters operate
without licenses, and many are unaware of the requirement. If
DOH receives a complaint about shelter conditions, they may
inspect the facility to determine if it should be licensed as a
transient accommodation. If the shelter meets the requirement
and is not licensed, DOH will inform them of the requirement
and assist in the licensing process. STEP for youth
populationS22 (chapter 100-145 WAC) and other specific
housing programs may have additional licensing requirements.
Permanent Supportive Housing
Permanent supportive housing requires leases and must
adhere to the state landlord -tenant laws under Chapter 59.18
RCW. The Department of Commerce strives to align permanent
supportive housing with the guidance and best practices of
both the federal and state governments; these include the
evidence -based best practice model and guidelines of the U.S.
Department of Health and Human Service, Substance Abuse
and Mental Health Services Administration (SAMHSA) that
emphasize choice, safety and integration into the community.
Similar best practices have been established by the
Washington Health Care Authorit and the Department of
Social and Health Services.
The Washington State Department of
Health (DOH) and Department of Social
and Health Services (DSHS)
DOH and Residential Care Services within
DSHS are the two main licensing bodies in
the state relevant to residential facilities.
DOH licenses residential treatment facilities,
which are sometimes confused with STEP.
Residential treatment facilities are defined
as establishments in which twenty-four hour
on -site care is provided for the evaluation,
stabilization or treatment of residents for
substance use, mental health, co-occurring
disorders, or for drug exposed infants. A few
examples of these facilities in Washington
state are Pioneer Human Services, offering
residential treatment programs for
substance abuse recovery, and Navos,
providing residential treatment options in
addition to comprehensive mental health
and addiction recovery services. Washington
State Health Care Authority reimburses the
services within residential treatment
facilities through Managed Care
Organizations and Behavioral Health
Administrative Service Organizations.
DSHS is responsible for the licensing and
oversight of adult family homes, assisted
living facilities, nursing facilities,
intermediate care facilities for individuals
with intellectual disabilities, and certified
community residential services and
supports. These settings are also
sometimes confused with STEP.
Requirements Associated with State and Federal Funding
Developing and operating STEP usually requires some form of financial assistance from the public sector,
financial institutions, private investors or non-profit organizations.23 Often a combination of these funding
sources is needed, each with its own unique requirements. When creating local ordinances and regulations for
STEP, jurisdictions can consider the complex funding sources and their existing requirements that these types
22See definition of "youth" in WAC 100-145-1305. Generally "youth" means a person who is under 18 years old, except for a few
circumstances when "youth" can be up to 21 or 25 years old.
23 For more funding sources, see page 16 of the Health & Housing Partnership Toolkit for Washington State (2023).
STEP STATE OF THE PRACTICE - JULY 2024
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Packet Pg. 80
7.A.b
of projects are already required to meet. This consideration is important to ensure that local requirements an
processes do not become overly burdensome when combined with others, as this can make it even more
difficult to develop STEP. In Washington state, some of the typical funding sources for STEP include:
Apple Health and Homes
In 2022, Washington allocated $60 million in capital funding to support the acquisition and construction of
homes exclusively for eligible participants in the Apple Health and Homes (AHAH) initiative. AHAH integrates
healthcare services with housing by providing capital financing and operating assistance paired with
supportive housing and employment services. Eligible participants must be Foundational Community Supports
Medicaid beneficiaries with medical risk factors such as chronic patterns of homelessness, behavioral health
needs, disabilities or long-term care needs.
Consolidated Homeless Grant
The Consolidated Homeless Grant (CHG) is an important resource for the state's homeless crisis response
system. It comprises four separate funds allocated to grantees such as county governments and nonprofits:
CHG Standard, Permanent Supportive Housing for Chronically Homeless Families (PSH CHF), Eviction
Prevention and Housing and Essential Needs (HEN). These grant programs fund various types of assistance,
including homelessness prevention, street outreach, emergency shelters, transitional housing, rapid re -housing
and permanent supportive housing.
Each fund has its own guidelines and grant management requirements, such as documentation needed for
clients, reporting requirements, staff training requirements, operational expenses, administrative cost
requirements and service delivery requirements. Each county must maintain a Coordinated Entry process and
follow the Washing State Coordinated Entry Guidelines to keep a record of intake, assessment and referral that
gets households in a housing crisis connected to available resources in the community. To qualify for CHG-
funded support, households must meet both housing status and income requirements. The Department of
Commerce's Housing Division publicly tracks CHG outcome measures for each county online, offering
transparency about grantees' performance and adding an additional layer of accountability.
Lead/subgrantees providing direct service must enter client data into the Homeless Management Information
System (HMIS) for all temporary and permanent housing interventions regardless of funding source, according
to the most updated HMIS Data Standards. As mandated by the Homelessness Housing and Assistance Act,
the Washington Department of Commerce is responsible for maintaining a statewide HMIS data warehouse.
Commerce is responsible for operating a HMIS for counties that are part of the Balance of State Continuum of
Care (CoC), while the five Washington counties with the largest populations have their own CoCs and separate
HMIS. The Department of Commerce's Housing Division uses HMIS to analyze aggregate data and publish
counties' homeless system performance and the state of equity in homeless systems, providing transparency
about how counties are performing and information on CHG outcome measures. Both the Department of
Commerce and the other CoCs report system performance measures to HUD.
Emergency Solutions Grants
The Emergency Solutions Grant (ESG) program utilizes federal funding from HUD's Homeless Emergency
Assistance and Rapid Transitions to Housing Act of 2009 (HEARTH Act). All Commerce grantees and
subgrantees must follow all applicable sections of the program regulations, as outlined in the HUD ESG Interim
Rule. The ESG grant aids communities in providing street outreach, emergency shelter, rental assistance and
related services to adults and families with children facing or at risk of homelessness. Its main goals are to
prevent homelessness among households at risk and rapidly re -house individuals experiencing homelessness.
STEP STATE OF THE PRACTICE - JULY 2024 22
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In addition to the HUD Interim Rule, the Washington State Department of Commerce also has its own
guidelines and grant management requirements for the ESG fund, such as documentation needed for clients
and requirements for reporting, staff training, operational expenses, administrative costs and service delivery.
To qualify for ESG-funded support, households must meet both housing status and income requirements.
Similar to other grants, lead/subgrantees providing direct service must enter client data into the Homeless
Management Information System (HMIS) for all temporary and permanent housing interventions regardless of
funding source, according to the most updated HMIS Data Standards.
System Demonstration Grant
The System Demonstration Grant (SDG) combines state homeless resources into a single grant opportunity for
county governments under the administration of the Department of Commerce. It comprises four separate
funds allocated to grantees such as county governments and nonprofits: SDG Standard, Permanent Supportive
Housing for Chronically Homeless Families (PSH CHF), Eviction Prevention and Housing and Essential Needs
(HEN). These grant programs fund various types of assistance, including homelessness prevention, street
outreach, emergency shelters, transitional housing, rapid re -housing and permanent supportive housing."
Each fund has its own guidelines and grant management requirements, such as documentation needed for
clients and requirements for reporting, staff training, operational expenses, administrative costs and service
delivery. To qualify for SDG-funded support, households must meet both housing status and income
requirements. SDG counties should adhere to the HUD CoC Program Coordinated Entry requirements and
guidelines as outlined in the Coordinated Entry Core Elements.
Washington State Housing Finance Commission - Tax Credits
The federal Low Income Housing Tax Credit (LIHTC) program, established under the 1986 Tax Reform Act,
helps develop low-income rental housing by providing tax credits to qualified owners, including permanent
supportive housing. The Washington State Housing Finance Commission administers these credits for
residential rental properties in the state. The LIHTC program operates under a Qualified Allocation Plan (QAP),
Rules and Policies, which outline preferences, criteria and procedures for credit allocation and compliance
monitoring. The policies guide project evaluation and eligibility criteria, emphasizing values such as racial
equity and resource efficiency. Commission staff interpret and administer the policies to ensure compliance
with federal regulations.
Washington State Housing Trust Fund
Washington state's Housing Trust Fund can also provide capital for developing and preserving permanent
supportive housing. Loans are provided for projects that serve households with less than 80% of the Area
Median Income (AMI), but most properties are for properties targeted to households with incomes less than
30% of AM[, including people experiencing homelessness and people needing supportive housing.
Local Funding Sources
In addition to state and federal resources, county and city governments can support funding STEP housing,
facilities and service models. For example, the City of Seattle passed an unprecedented levy in 2023 to support
affordable housing development, including units for people experiencing homelessness, and to provide short-
24 More details on SDG are available in the Department of Commerce's Guidelines for the System Demonstration Grant, Version 2,
Updated June 10, 2024.
STEP STATE OF THE PRACTICE - JULY 2024 23
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term rent assistance and housing stability services to prevent homelessness.25, 26 Each county also funds Rs
own homeless services through locally retained document recording fees, as outlined in RCW 36.22.250.
Other local option tools for addressing affordable housing funding gaps include:21
O Housing and related services sales tax (RCW 82.14.530)
O Affordable housing property tax levy (RCW 84.52.105)
O REET 2 (RCW 82.46.035) - GMA jurisdictions only and only available through 2025
O Lodging Tax (RCW 67.28.150 and RCW 67.28.160) to repay general obligation bonds or revenue bonds
O Mental Illness and Drug Dependency Tax (RCW 82.14.460) - jurisdictions with a population over 30,000
O Donating surplus public lands for affordable housing projects (RCW 39.33.015)
O Impact fee waivers for affordable housing projects (RCW 82.02.060)
O Application fee waivers or other benefits for affordable housing projects (RCW 36.70A.540)
Other Funding Sources
Additionally, public housing authorities can use HUD Project Based Vouchers (PBVs) to support projects. PBVs
are an integral part of a public housing authority's Housing Choice Voucher program aimed at providing
affordable housing options. Public housing authorities utilize existing tenant -based voucher funding from the
federal government to allocate PBV units to specific projects selected either through competitive or non-
competitive processes. Up to 20% of authorized voucher units can be used for PBV assistance in projects
where owners agree to affordable housing rehabilitation, construction or unit set -asides. In certain cases, an
additional 10% of authorized voucher units may be used for PBVs.
Private fundraising, philanthropic organizations and non -profits can also be funding sources for STEP
development and operation. Examples in Washington state include the Amazon Housing Equity Fund,
Evergreen Impact Housing Fund, Tulalip Foundation and the Washington Community Reinvestment
Association. Community development financial institutions can also help finance STEP. For example:
O Corporation for Supportive Housing offers predevelopment and acquisition financing for permanent
supportive housing projects.
O Impact Capital offers predevelopment and acquisition financing for any community facility (including
emergency shelters) and any affordable housing (including transitional, emergency and permanent
supportive housing).
O Washington Community Reinvestment Association offers multifamily permanent loans for affordable
housing projects and economic development loans for any community facility; this is not specifically for
STEP, but if a permanent loan is required, WCRA could be an option.
21 Seattle Office of Housing. Mayor Bruce Harrell celebrates voters' historic passage of $970 million housing levy. The City of Seattle.
2023. https://housing.seattle.gov/mayor-bruce-harrell-celebrates-voters-historic-passage-of-970-million-housing4 vyL
26 Seattle Office of Housing. City of Seattle celebrates affordable housing investments and anti -displacement achievements. The City of
Seattle. 2024. https://housina.seattle.gov/2023-housing-investments/
27 Some tools may be unavailable for certain jurisdictions. For example, only GMA jurisdictions can use REET 2, or the surrounding
county may have already implemented the housing and related services sales tax. See MRSC's summary of Affordable Housina
Funding Sources for more details and the Association of Washington Cities (AWC)/MRSC booklet on Homelessness & housing toolkit
for cities (2022).
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Chapter 4: Municipal Planning and Implementation
This chapter provides an overview of the current situation in Washington state regarding regional and local
planning for STEP. It covers how counties coordinate the allocation of housing needs to local jurisdictions and
discusses how local governments are addressing the siting and permitting of STEP to help meet those housing
needs.
Planning Regionally for STEP
Revisions to RCW 36.70A.070(2) in 2021 updated requirements for how fully planning jurisdictions must plan
for housing in their comprehensive plans. To support local planning, the Department of Commerce provides
projections of individual counties' housing needs by income level, including emergency housing and permanent
supportive housing. Each county must decide collectively with its cities and towns how to allocate these
projections among its local jurisdictions. Each jurisdiction must then document its share of countywide
housing needs by income level and their plan to accommodate that share of housing needs in its
comprehensive plan.28
The Department of Commerce's Housing for All Planning Tool provides countywide projected housing needs
for all income levels. The income levels are 0-30% of area median income (AMI) non -permanent supportive
housing, 0-30% AMI permanent supportive housing, 30-50% AMI, 50-80% AMI, 80-100% AMI, 100-120% AMI,
and 120% AMI and above, as well as emergency housing needs. Commerce collaborated with stakeholders to
develop the projection methodology.29
Each county that is fully planning under the Growth Management Act may have countywide planning policies
and processes for allocating these needs to local jurisdictions. Many communities are still in the process of
receiving their allocations, as the requirement deadlines to update comprehensive plans varies based on the
individual county.31
Homelessness and housing affordability is a challenge that affects entire counties and requires solutions that
often go beyond the resources of one city or town government. Therefore, many planning and implementation
efforts take place at the county level in Washington. Typically, city and county governments collaborate with
nonprofits and housing authorities to build and operate facilities and administer programs for people
experiencing homelessness. Building a regional network of partners and stakeholders can be important for a
successful plan to address homelessness.
Tedd Kelleher, Housing Policy Director for the Washington State Department of Commerce, stresses the
importance of using available data sources to understand existing housing conditions, including existing
housing stock, household incomes, homeless populations and housing risk factors.31
28 Resources for projected housing needs are in Book 1 of Commerce's Housing Element Guidance. Projecting housing needs by
income level begins on page 34. Information on how to allocate the countywide housing needs from the countywide projections to
individual jurisdictions begins on page 60.
29 To view the Department of Commerce's methodology for projecting housing needs, see Book 1 of Commerce's Housing Element
Guidance, starting on page 28.
30 The deadline for completing each jurisdiction's comprehensive plan is available on Commerce's Periodic Update webpage.
31 Counties should examine local data to understand their community demographics and the disparities in their homeless and unstably
housed populations. See the Department of Commerce's Snapshot of Homelessness in Washington State for January 2021 for
information about each county's homeless and unstably housed population.
STEP STATE OF THE PRACTICE - JULY 2024 25
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Furthermore, RCW 36.70A.070(2) mandates that jurisdictions address several topics as they update the
housing elements of their comprehensive plans. The plans must:
• Identify existing and future housing needs, including their portion of projected countywide housing
needs provided by Commerce.
• Set goals and policies for moderate -density housing within urban growth areas.
• Identify sufficient land available to meet housing needs across all income levels, including emergency
housing and permanent supportive housing.
• Document barriers to housing availability and actions to remove these barriers.
• Identify racially disparate impacts and risks of displacement from housing policies.
• Establish anti -displacement measures and policies to begin to undo racially disparate impacts.32
Dave Andersen, the Managing Director of the Growth Management Services unit, says successful communities
revise their housing planning strategies to focus on inclusivity and equity to accommodate residents across all
income levels. This work entails a shift towards planning for diverse housing options such as apartments,
condominiums, missing middle housing and accessory dwelling units, as well as deeply affordable housing
types such as permanent supportive housing and emergency housing.
Counties' Policies and Approaches for Allocating Housing Needs
Counties have employed various approaches to allocating housing needs among local jurisdictions. Allocating
housing needs by income level to jurisdictions within the county involves several steps, most notably
determining the amount of overall population and housing that goes to each jurisdiction and then the
allocation of housing needs by income level.
As counties decide where overall population and housing should be directed, most communities use data on
employment locations, transportation accessibility, service availability, infrastructure and land capacity to
determine the appropriate percentage of housing growth to plan for in each area. These percentages are then
integrated into the Department of Commerce's Housing for All Planning Tool to determine an allocation of
housing needs by income level to each jurisdiction or to inform a local -designed method of allocating housing
needs. Many counties have policies about where overall growth should be directed within the county that can
assist with this work. Commerce also recommends that counties develop countywide policies about where
more affordable housing should be planned for to support the allocation of housing needs.
In King County, the county developed countywide planning policies to guide where growth would be directed
within the county and principles to determine the allocation of housing needs by income level to jurisdictions.
These principles included increasing housing choices for low- and moderate -income households in areas with
fewer affordable housing options currently and promoting a more equitable allocation of housing choices
across all jurisdictions. After significant stakeholder coordination, they decided on a framework where more
affordable housing would be directed to places with fewer affordable housing options, fewer income -restricted
housing options, and a greater imbalance of low -wage workers to low -wage jobs.
Some counties have special circumstances to consider for allocating their housing needs. For example, local
tourism plays a vital role in driving the economy of Port Townsend and Jefferson County, and the area needs
affordable housing for tourism workers to live in throughout the year. The region witnesses an increase in the
number of visitors during the summer, and there is also a growing trend of vacation homes that remain vacant
sz Washington State Department of Commerce. Guidance and Data for Updating Housing Elements. Webinar. May 2023.
https://deptofcommerce.app.box.com/s/j3fq kx8x7brlstds3yv4gh7p9zwpure6
STEP STATE OF THE PRACTICE - JULY 2024 26
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for a significant part of the year. Furthermore, short-term vacation rentals such as Air BnBs are becoming a
dominant segment of the housing supply, which limits housing availability for other residents. This situation is
particularly severe for lower -income residents. As they move away, the county loses its working-class
population, which can have severe consequences for the local economy. Jefferson County will be considering
this local trend as they complete their housing need allocations in 2024.
Accommodating and Regulating STEP Locally
Based on a review of recently implemented local STEP regulations and state of the practice interviews, some
local regulations and processes to permit STEP conflict with the state and federal laws noted in Chapter 3,
while others incentivize the production of STEP to help address their county's housing needs. In general, local
regulations have the potential to provide more flexibility and greater opportunities for establishing STEP.
Where to Allow STEP
0 In some cases, local ordinances permit the construction of STEP in mixed -use and commercial areas,
which is consistent with state law. Some jurisdictions have multifamily zoning overlays that allow for
permanent supportive housing in single-family residential zones, which is also consistent. However, some
communities still limit STEP in these areas, and others do not address certain types of STEP (e.g.,
emergency shelter and emergency housing) in their ordinances, which is inconsistent with state law.
0 In certain communities, permanent supportive housing and transitional housing are permitted in residential
areas based on special criteria (e.g., limits on total units or total residents, distance from other STEP types
and transit and total staff on -site). These regulations may be inconsistent with RCW 36.130.020 when
other residential housing types do not have these same restrictions or criteria. Similar local regulations are
commonly applied to emergency shelter and emergency housing in commercial zones.
0 Generally, local regulations encourage STEP development in areas that already have access to services,
such as transit, which is a best practice. However, some communities require such projects to be within a
certain distance of transit facilities, which can create a barrier for STEP development and may be
inconsistent with state law if this restriction is not clearly linked to public health and safety purposes.
Occupancy, Spacing and Intensity Rules
Local regulations for STEP also often include rules related to occupancy, spacing, density, parking,
environmental standards and other development and operational requirements. Typical restrictions on the
spacing, occupancy and intensity of use of STEP in local jurisdictions include limits on the number of people a
project can serve by placing limits on total units and/or occupancy, the number of staff and the distance
between STEP projects. These restrictions can be inconsistent with state law if these restrictions are not tied
to public health and safety (e.g., reference to local building code) or limit a sufficient number of STEP housing
to accommodate a jurisdiction's local projected housing need.
Some communities have distance restrictions that prohibit the construction of emergency shelters or
emergency housing within one-half mile of another existing or proposed shelter or emergency housing project
Variations of this requirement are common in Washington's jurisdictions. Other less common restrictions
include limits on how many STEP projects can exist in a community and limits on how close STEP projects can
be to schools. In most cases, jurisdictions have not included findings on how these regulations are linked to
public health and safety, which may be in conflict with state law, and possibly federal Fair Housing laws. Most
of these jurisdictions have also not identified that these restrictions still permit a sufficient number of STEP
housing to accommodate local housing needs.
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7.A.b
Most jurisdictions also do not have special provisions regarding density bonuses for STEP sponsored by
religious organizations, which prevents them from allowing increased densities consistent with RCW
36.70A.5451 and is therefore inconsistent with state law.
Development and Operational Requirements
Other development regulations and operating requirements have been incorporated in recent local ordinances
regarding STEP that differ from requirements for other residential dwelling types, and therefore are likely
inconsistent with state law for permanent supportive housing and transitional housing (RCW 36.120.020) and
may create barriers for all STEP, including:
O Specific parking, setback and lot requirements
O Required operations plans
O Required coordination with local police and fire departments (e.g., developing safety plans)
O Public noticing requirements
O Required approaches for mitigating potential impacts on the project's surrounding neighborhood
O Requirements for what services and amenities must be available on -site
O Minimum stay and eligibility criteria for tenants
O Regular performance reporting requirements
O Subjecting projects to special inspections (e.g., mandatory annual inspections)
Some local developers recommend that jurisdictions become more flexible regarding their requirements,
especially parking minimums, when projects anticipate a high ratio of tenants who use public transportation or
have alternate modes of transportation and do not need onsite parking.
Operations Plans
Many communities require STEP or certain STEP types, such as emergency shelters or emergency housing, to
submit operations plans before they can be permitted. The required information varies by jurisdiction.
However, common documentation requirements include:
O Contact information for staff key and their roles and responsibilities
O A facility management plan, including security policies and an emergency management plan
O Site and facility maintenance policies
O Occupancy policies
O Staffing plans and outcome measures for human and social services plan and outcome measures
O A community engagement plan
O Documentation of record -keeping processes
O A description of transportation either provided or accessible to residents
While not common in Washington, some jurisdictions have additional requirements, like staff background
checks, minimum codes of conduct for STEP tenants, good neighbor agreements and business licenses.
In many cases in the state of the practice review, besides which zones they are permitted in, all STEP types
must meet the same local development and operational requirements. However, in some communities,
emergency shelters and emergency housing have additional requirements that permanent supportive housing
and transitional housing do not (e.g., required operations plans, distance from schools, floor area ratios,
occupancy standards and good neighbor agreements). To support specific types of STEP projects that
support vulnerable populations, some communities offer exemptions to regulations, such as public notice
requirements, for projects designed to be confidential locations —for example, shelters and housing for
survivors of domestic violence.
STEP STATE OF THE PRACTICE - JULY 2024 28
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7.A.b
Permitting STEP
The local permitting process for STEP can vary depending on the jurisdiction and their permitting procedures.
The approval process for a land use permit depends on whether the permit is classified as Type I, 11, III, or other
permit. While the number of permit types and their terminology may vary by jurisdiction,33 in general, the more
complex the project, the greater level of public notice and review is needed.sa, ss For example, simple building
permits are administratively approved under a Type I permit, while permitting for projects requiring a higher
level of review such as conditional use permits commonly fall under Type III and higher.
Project permit decisions can involve different decision makers and different levels of public input. Project
permits approved by local planning staff without public hearings are considered administratively approved.
More complex projects may involve review by a hearings examiner, public hearings and may include discretion
in permitting decisions. These permit types are called quasi-judicial because additional procedures are
factored into the permitting decision. Generally speaking, quasi-judicial permitting proceedings provide for
public notice, public testimony and decisions based on adopted criteria. Conditional use permits and variances
heard and decided by a hearings examiner are common examples of quasi-judicial permits.
Table 3 provides examples of processes for STEP based on the state of the practice review.
Table 3 - Examples of Local Permit Processes
Approval Process Administrative
Type I projects commonly only
require administrative approval
without public notice. Some
jurisdictions require only
administrative approval for
Description STEP in certain areas (i.e., they
do not require approval at the
level of hearing examiner or
planning commission), which
removes barriers to STEP
production.
Public Hearing No
Administrative Discretionary
In some jurisdictions, Type II
projects can be approved
administratively with public notice
and extra land use regulations, while
in others, they may require approval
by a hearing examiner. Hearing
examiners often approve
conditional use permits, which
require a higher level of approval
than administrative.
Some jurisdictions require a pre -
application review and meeting for
Type II projects and higher to help
expedite the permitting process.
No, unless on appeal
Quasi -Judicial
Type III projects often require
public notice and a public hearing
before a hearing examiner, or in
rare cases the planning
commission or city council, who
makes the final decision. For
example, in mixed -use and
commercial districts, some
jurisdictions require a public
comment period and final
approval from a hearing examiner
for STEP projects, which can
create barriers to increasing
STEP.
Yes
33 For more examples of local permit procedures, read MRSC's Streamlining Local Permit Review Procedures (2024).
34 For resources on local planning, project review, and permitting, read the relevant sections of the Department of Commerce's A Short
Course On Local Planning Resource Guide Version 5.3 (2017).
31 The Local Project Review Act (RCW 36.70B) codified into state law a series of best practices for the local land use permit process to
better enable citizens and developers to know what to expect and to provide for more timely and efficient permit issuance.
STEP STATE OF THE PRACTICE - JULY 2024
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7.A.b
Type I decisions may be Type II decisions are generally Type III decisions are generally
Appeal appealable depending on local appealed to court under the Land
project processes. appealable to a hearings examiner. Use Petition Act (LUPA).
Some jurisdictions in Washington state still require a conditional -use permit for all STEP regardless of their
location, which is usually not consistent with state law for permanent supportive housing and transitional
housing (RCW 36.130.020). As conditional use projects, these must meet certain criteria and go through a
special approval process that can delay the project's timeline and increase the likelihood that the city council
or the decision -making entity will not approve the project due to public opposition.
One jurisdiction modified its land use regulations, broadening zoning codes to include permanent supportive
housing in its definition of multifamily dwellings. This change means that permanent supportive housing is
now automatically allowed without additional conditions, consistent with RCW 36.130.020.
Some jurisdictions require a conditional -use permit for emergency housing and emergency shelter. This permit
type has stricter requirements to ensure the project can be compatible with the neighborhood. During the
project's application stage, administrative staff conduct a thorough review of the project to ensure compliance
with all local requirements. Once the project is confirmed to be in compliance, a public hearing is held with a
hearing examiner who will issue the final decision. Based on feedback and questions from local jurisdictions to
the Department of Commerce, many communities are looking for solutions to reduce barriers for the siting and
development of STEP.
Based on a review of local examples, Commerce recommends local governments consider the following ways
to reduce barriers to permitting STEP when developing their regulations:
• Allow permanent supportive housing and transitional housing to be permitted with the same process
as housing development generally (RCW 36.130.020).
• Use the lowest level permitting type for STEP possible.
• To support classifying STEP as a permitted use outright with an administrative review, a jurisdiction
can adopt clear conditions and criteria for review to aid judgment in making decisions.
• Ensure when a conditional use process is required for STEP, the requirements to address compatibility
and possible impacts are detailed clearly in code to allow a clear and objective permitting process.
Permitted STEP Projects in Washington
STEP projects of varying types and building forms are located throughout the state:
An example of a permitted emergency shelter built in Washington is The HUB on Third (opened in 2017)
in Walla Walla. This facility is adjacent to a local public high school and provides services for homeless
and at -risk youth, including a six -bed emergency shelter, a medical clinic and day care for parenting
youth. The project is co -located with a permanent supportive housing development. Several public
STEP STATE OF THE PRACTICE - JULY 2024 30
Packet Pg. 89
funding sources made The HUB possible,
including the Washington State Housing
Trust Fund, State Building Communities Fund
and the City of Walla Walla's Community
Development Block Grant funds."
• An example of transitional housing in
Washington is Tulalip Village of Hope
(opened in 2022) on the Tulalip
Reservation.37 This community has 17 tiny
homes for Tulalip individuals and families,
each with one to two bedrooms and full
kitchens and bathrooms. A common building
onsite has a shared computer lab,
conference room, therapeutic room and
community space. Residents have access to
counseling and social work support, case
management and programming focusing on
topics such as personal finance and self-
improvement.38 The site was formerly the
Tulalip Homeless Shelter, but it was
expanded to provide transitional housing
when it became apparent that no affordable
housing was available for people to move
into.
• An example of permanent supportive
housing is Plymouth on First Hill (opened in
2017), a multi -story apartment building in
Seattle with 80 furnished studio
apartments.39 This building is strategically
located near medical institutions and
The HUB on Third in Walla Walla (co -located emergency shelter, health
care and childcare services). Source: Blue Mountain Action Council c14
Plymouth on First Hill in Seattle (permanent supportive housing),
Source: Plymouth Housing
provides medical and behavioral health care to residents on site. Residents also have access to
community rooms and a computer lab, which is available for job searching.
Another shelter example includes The Catalyst in Spokane (formerly a Quality Inn), which is operated by
Catholic Charities of Eastern Washington and partially funded by the Washington State Department of
Commerce Rights of Way Initiative / Encampment Resolution Program. The Catalyst (opened in 2022)
provides 87 rooms and various services for people experiencing homelessness, such as meals, laundry,
transportation, substance misuse programs, healthcare access and local benefit connections.40
36 GS Consulting. The HUB on Third, Walla Walla (Sept. 2017). https://gsaffordablehousing.com/past-projects/f/the-hub-on-third-walla-
walla
37 Washington State Department of Commerce. The Tulalip Tribe Village of Hope: 17 tiny homes become permanent supportive
housing. 2023. https://wastatecommerce.medium.com/the-tulalip-tribe-village-of-hope-17-tiny-homes-become-permanent-supportive-
hous i ng-e4dcc62072d7
38 Tulalip Tribes. Village of Hope — Transitional Housing and Permanent Supportive Housing. www.tulaliptribes-
nsn.gov/Dept/VillageOfHopee
39 Plymouth Housing. What's it like inside a Plymouth building?. https://pllymouthhousing.org/our-housing/tour-a-Plymouth-building/
40 Catholic Charities Eastern Washington. www.cceasternwa.org/catalyst
STEP STATE OF THE PRACTICE - JULY 2024
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7.A.b
An example of permitted emergency housing is the SafePlace shelter in Olympia. This shelter allows
adults and children fleeing from domestic violence to stay temporarily and receive social services. It
has 10 bedrooms with 28 beds. People staying there have access to food and a kitchen, a telephone,
computers and laundry. They also receive advocacy and crisis intervention services, support group
meetings, child advocacy and safety planning support. Staff are always onsite.41
Barriers to STEP Development
Local regulations and processes can have a significant impact on STEP production. These policies can either
reduce red tape and bureaucracy or create obstacles for development, so it can be helpful for local
governments to understand potential challenges to help address them effectively.
A number of barriers exist for developing STEP and affordable housing in general, including but not limited to
O Rising costs of land, labor, materials and insurance
O High permit fees, impact fees and utility connection fees
O Slow or limited capacity at local jurisdictions to process, permit and approve a proposed development
O Lack of clear and accessible information on the permitting process
O Limited developer and workforce capacity
O NIMBY (Not -In -My -Backyard) attitudes
O Neighborhood covenants and restrictions
O Limited subsidized funding sources
O Requirements to fund new infrastructure
Some local regulations and requirements may also create barriers for STEP development, including, but not
limited to:
O Unclear development regulations and regulations inconsistent with state and federal laws (e.g., Fair
Housing Laws)
O Requirements for STEP that are different from those for general housing development
O Conditional use permits, design review requirements and discretionary review processes
O Spacing requirements (e.g., minimum distances from parks, schools or other facilities)
O Limiting maximum densities or floor area ratios
O Excessive off-street parking requirements, building height limits and ground -floor retail requirements
O Facility, operating and reporting requirements
O Requirements for coordination with local police and fire departments
O Arbitrary limits on occupants or operation times
O Restrictions on support spaces, such as office space, within a permanent supportive housing building in a
residential zone
O Requiring many additional plans, agreements or conditions (e.g., good neighbor agreements, background
checks, or sobriety)
Jurisdictions that want to implement regulations in line with state and federal laws and encourage STEP
production can avoid adding unnecessary regulations and requirements. Instead, they can adopt the best
41 SafePlace. Residential Services SafePlace Shelter. https://www.safeplaceolympia.orci/a-safe-place-to-stay.html
STEP STATE OF THE PRACTICE - JULY 2024
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practices emerging from other Washington jurisdictions and communities across the country when developing
their local ordinances.
Promising Practices
Communities in Washington state and across the country have implemented measures to remove barriers to
STEP and encourage STEP production. The following are promising practices from some of those jurisdictions
including allowing STEP outright as a permitted use in certain areas, reducing regulations and requirements for
STEP, expediting permitting processes for STEP, incentivizing STEP and encouraging STEP near existing
infrastructure and services.
O Allow STEP developments outright as a permitted use in designated zones to streamline permitting. In
some areas of Washington state, STEP is still listed as a conditional use, so projects have additional
regulations that typically involve a local government review process, and may also include a public input
process that may delay permitting projects. The purpose of this process is to more carefully assess the
development's potential impacts on traffic, noise, safety and community character before granting
approval. To increase STEP production, communities can allow these projects in certain zones without this
additional process. For instance, in California, the County of Los Angeles Homelessness Initiative
encourages local jurisdictions to designate at least one area where emergency shelters are allowed as a
permitted use outright, also referred to as allowed by-right.42
O Reduce and clarify requirements to streamline permitting and decrease barriers for STEP development.
Many initial STEP local ordinances and regulations are not consistent with state law by including
occupancy, spacing and intensity of use requirements for STEP that are not explicitly linked to public health
and safety in their ordinance. Additionally, many communities impose potentially burdensome
development, operating, facility, reporting, service and other requirements for STEP that differ from those
for other similar residential dwelling types. When developing local ordinances and regulations, jurisdictions
can limit additional requirements for STEP to speed up permitting, limit discretionary approval processes,
reduce work for local government staff, support developers and help increase affordable housing and
STEP production.
O Expedite permitting processes for STEP projects, thereby providing quicker, more predictable timelines
that help prevent cost increases caused by project delays. For example, Seattle has implemented an
expedited permitting process to encourage STEP production. Permanent supportive housing projects are
now exempt from design reviews, which can help speed up their construction timelines and address issues
of homelessness and housing insecurity more quickly. Another example includes the City of Port
Townsend and Jefferson County, which worked closely together to expedite the permitting for a specific
project that incorporates safe parking, a tiny house village and permanent supportive housing on the same
piece of county -owned property. Expedited permitting processes require sufficient staff, so jurisdictions
interested in this strategy can start by assessing whether they need to hire additional employees to
expedite reviews more efficiently.
O Provide land use and financial incentives to encourage more STEP production. Affordable housing and
STEP developments face numerous challenges before they can reach the construction phase, and a lack of
project financing is often one of the most significant barriers. To help STEP projects overcome this
challenge, jurisdictions can play an important role by providing support through grants or loans, density
bonuses, reduced or waived fees, regulatory exemptions, free or discounted land, and more. A few cities
with incentives for affordable housing and STEP include Anacortes, Bellevue, Bothell, Burien, Marysville,
42 The Los Angeles County Homeless Initiative. Do's and Don'ts for Emergency Shelter Zoning. https://homeless.lacounty_gov/w -
content/uploads/2017/1 1/SB-2-Dos-and-Donts.pdf
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Redmond, Sammamish and Seattle. King County established the Health Through Housing Initiative, w 1c
uses its affordable housing sales tax funds to collaborate with local cities to build up to 1,600 emergency
housing and permanent supportive housing units for people experiencing or at risk of chronic
homelessness.as,aa
O Encourage STEP development in locations close to healthcare services, transportation, job and other
amenities to promote economic mobility and access to services. To meet the growing demand for
housing and other community needs, local affordable housing and STEP providers and developers agree
that jurisdictions can support the development of successful STEP by being intentional about the location
of STEP. Many communities throughout Washington state and the country encourage affordable housing
and STEP development in areas where existing infrastructure and services exist to promote sustainability;
inclusivity; accessible services, transportation and employment opportunities; and the overall wellbeing of
residents. Therefore, STEP housing is best suited for urban growth areas and cities, but may be appropriate
in select Limited Areas of More Intense Rural Development (LAMIRDs) if enough support services,
transportation and infrastructure services are available.
O Partner with local service providers to create STEP regulations that are responsive to their needs.
Affordable housing developers and service providers understand what is involved with developing STEP
and how STEP operates. These stakeholders can help a local jurisdiction identify places in code where the
regulations may cause barriers to STEP development and identify ways to reduce or remove those barriers.
Communities can use these emerging best practices to encourage affordable housing production, meet local
housing needs and support STEP developers, clients and staff. Implementing these practices can benefit some
of Washington's most vulnerable populations, increase housing stability, promote community integration and
contribute to larger initiatives to tackle homelessness and housing insecurity in the state. The Department of
Commerce also highly encourages communities to adopt the state's model ordinance and other
recommendations in the STEP Model Ordinance, Users Guide and Best Practices Report to increase STEP
development in the state of Washington.
To further support jurisdictions in the adoption and implementation of their ordinances related to STEP,
Commerce is developing the STEP Communications Toolkit, including a sample staff report and other
materials to help local planning staff, appointed and elected officials and others communicate the benefits,
challenges and best practices associated with planning for STEP. These tools will be coordinated and
consistent with the Department of Commerce Housing Division's Apple Health and Homes Permanent
Supportive Housing Communications Toolkit.
43 King County. Health through Housing A Regional Approach to Address Chronic Homelessness.
https://kinacounty_aov/en/legacy/depts/community-human-services/initiatives/health-through-
housing#:-:text=The%20Health%2OThrouah%2OHousinci%20%28HTH%29%201nitiative%20is%20an.people%20experiencinci%20or%20a
t%20risk%20of%20chronic%20 homelessness.
44 HB 1590, laws of 2019, authorizes county or city legislative authorities to impose a local sales and use tax for housing and related
services and eliminates the requirement that the tax be subject to the approval of a majority of county or city voters. For other local
funding affordable housing funding tools, see Appendix B, Exhibit B5 (pages 120-121) of Guidance for Updating Your Housing Element.
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Appendices
Other Potentially Relevant Laws and Definitions
It is important to note that not all definitions in this section are in the Growth Management Act (GMA), so they
are not necessarily applicable or binding for the purposes of GMA planning, but are included because they
provide some additional context on the terms when they are not defined in the GMA. For example, the
definition of homelessness or homeless comes from the Criminal Sentencing Reform Act of 1981.
Adult family home is a dwelling, licensed by the State of Washington Department of Social and Health Services,
in which a person or persons provide personal care, special care, room and board to more than one but not
more than six adults who are not related by blood or marriage to the person or persons providing the services.
An existing adult family home may provide services to up to eight adults upon approval from the Department
of Social and Health Services. Licensure requirements are covered under RCW 70.128.066 and in accordance
with Section 903 of the Washington State Fire Code, which states that an adult family home with a capacity of
seven or eight that serves residents who require assistance during an evacuation must install an automatic
sprinkler system.
Assisted living facility means any home or other institution, however named, which is advertised, announced or
maintained for the express or implied purpose of providing housing, basic services, and assuming general
responsibility for the safety and well-being of the residents, and may also provide domiciliary care, to seven or
more residents after July 1, 2000. However, an assisted living facility that is licensed for three to six residents
prior to or on July 1, 2000, may maintain its assisted living facility license as long as it is continually licensed
as an assisted living facility. "Assisted living facility" shall not include any independent senior housing,
independent living units in continuing care retirement communities, or other similar living situations including
those subsidized by the department of housing and urban development. RCW 18.20.020
Crisis residential center is defined as an agency which is a temporary protective residential facility operated to
perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 43.185C.295 through
43.185C.310.
Experiencing homelessness is defined as lacking a fixed, regular and adequate nighttime residence, including
circumstances such as sharing the housing of other persons due to loss of housing, economic hardship,
fleeing domestic violence, or a similar reason as described in the federal McKinney-Vento homeless
assistance act (Title 42 U.S.C., chapter 119, subchapter 1) as it existed on January 1, 2021. RCW 13.34.030(9)
Group home means a residence that is licensed as either an assisted living facility or an adult family home by
the Department of Social and Health Services under chapter 388-78A or 388-76 WAC. Group homes provide
community residential instruction, supports and services to two or more clients who are unrelated to the
provider.
Group training home means a certified nonprofit residential facility that provides full-time care, treatment,
training and maintenance for clients, as defined under RCW 71 A.22.020(2).
Homelessness or Homeless is defined as a condition where an individual lacks a fixed, regular and adequate
nighttime residence and who has a primary nighttime residence that is: A supervised, publicly or privately
operated shelter designed to provide temporary living accommodations; a public or private place not designed
for, or ordinarily used as, a regular sleeping accommodation for human beings; or a private residence where
STEP STATE OF THE PRACTICE - JULY 2024 35
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7.A.b
the individual stays as a transient invite (RCW 9.94A.030(30)). This definition is not from the Growth
Management Act but comes from the Sentencing Reform Act of 1981.
Homeless person is defined as an individual living outside or in a building not meant for human habitation or in
which they have no legal right to occupy, in an emergency shelter or in a temporary housing program that may
include a transitional and supportive housing program if habitation time limits exist. This definition includes
substance abusers, people with mental illness and sex offenders who are homeless (RCW 43.185C.010(12)).
This definition is not from the Growth Management Act but is found in the homeless housing and assistance
statutes.
Residential treatment facility means an establishment in which twenty-four hour on -site care is provided for the
evaluation, stabilization or treatment of residents for substance use, mental health, co-occurring disorders or
for drug exposed infants. RCW 71.12.455(7)
Supported living means instruction, supports and services provided by service providers to clients living in
homes that are owned, rented or leased by the client or their legal representative. WAC 388-101-3000(49)
RCW 9A.44.190 and RCW 9A.44.193 (re: sex offenders near children) state an owner, manager or operator
may order a covered offender from the legal premises of a covered entity, defined as a public or private facility
whose primary purpose is to provide for the education, care or recreation of a child or children, including but
not limited to community and recreational centers, playgrounds, schools, swimming pools and state or
municipal parks. To do this, the owner, manager or operator must provide the offender a written notice that
informs them to leave the legal premises and not return without the written permission of the covered entity.
Licensing Requirements for Transient Accommodations and Crisis
Shelters
Chapter 246-360 WAC outlines health and safety standards for transient accommodations in Washington
state, covering establishments providing three or more lodging units for stays shorter than thirty days. This
includes crisis shelters, though not all emergency shelters may fit the specific crisis shelter definition.
Crisis shelters are required to obtain a valid license from the DOH, with renewal required annually. Licensing
processes involve submitting applications, self -inspection reports and passing an on -site survey. Licensees
must adhere to regulations outlined in Chapter 70.62 RCW and other relevant state and local laws, displaying
their license prominently. Responsibilities include conducting self -inspections, responding to deficiencies
issued by the DOH and ensuring premises maintenance.
DOH regulates facility functions in transient accommodations to meet basic health and safety standards and
enforces compliance when needed. Specific standards are outlined for amenities such as water supply,
sewage disposal construction, heating and bedding. Compliance ensures adequate services for residents.
RCW 43.185C.295 also outlines specific licensing and operating requirements for residential crisis shelters
that specifically serve juveniles and youth facing homelessness or family instability.
Related Case Law
A number of related cases exist regarding the siting, development and operation of STEP. The following is a
living list of cases that will be updated over time.
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Olmstead v. L.C.
In 1999, the U.S. Supreme Court made a decision in the Olmstead v. L.C. case, which requires states to offer
community services to individuals with mental disabilities so that they can live in community settings rather
than in institutions. This decision creates greater opportunities for people with disabilities to choose where
they want to live and helps address racial equity, as Black, Indigenous and People of Color (BIPOC) are
disproportionately represented in institutional care. STEP is one way to support people with disabilities in living
and becoming integrated into the community.45
Homeward Bound in Puyallup v. City of Puyallup
In 2018, the City of Puyallup adopted an ordinance related to the siting of day use centers and overnight
shelters serving people experiencing homelessness. The ordinance only permitted these uses in the city's
limited manufacturing district, subject to certain restrictions such as obtaining a conditional use permit.
However, in 2019, the Growth Management Hearings Board found this law to be incompatible with the city's
comprehensive plan policies. Consequently, Puyallup revised its ordinance, allowing these facilities to be
established in commercial areas as well as limited manufacturing zones, which the Hearing Board found to be
in compliance. Despite these changes, the city's amendments have continued to be challenged, with some
claiming that Puyallup is violating the Growth Management Act and not doing enough to plan for and
accommodate STEP, like in Homeward Bound in Puyallup v. Central Puget Sound Growth Management
Hearings Board and the City of Puyallup.
Martin v. City of Boise
In 2019, the U.S. Supreme Court denied the City of Boise's petition regarding its Camping and Disorderly
Conduct Ordinances, which upheld the law that people experiencing homelessness in the 9th Circuit (covering
nine states) cannot be punished for sleeping outside on public property if adequate alternatives are not
provided. The ruling in Martin v. Boise encouraged local governments to plan for alternatives to homelessness.
However, on June 28, 2024, in the case of Grant Pass v. Johnson, the U.S. Supreme Court overturned the
Martin v. Boise ruling.
Johnson v. City of Grants Pass
In 2022, the U.S. Court of Appeals for the 9th Circuit, in the Johnson v. City of Grants Pass case, upheld a ban
on criminalizing people sleeping outside on public property. As in Martin v. Boise, the court determined that
without adequate alternatives, people experiencing homelessness can sleep in tents, vehicles or use other
forms of shelter without being subjected to civil or criminal prosecution or fines.46 However, on June 28, 2024,
in the case of Grant Pass v. Johnson, the U.S. Supreme Court decided that jurisdictions could criminalize
camping and sleeping in public, overturning the Grant Pass case's previous decision.47
Catholic Community Services of Western Washington vs. City of
Federal Way Community Development Department
41 Corporation Supportive Housing. Supportive Housing and Olmstead: State of the Conversation. February 2024. www.csh.org/w-
content/uploads/2024/03/CSH-Supportive-Housing-and-Olmstead-2024.pdf
46 National Low Income Housing Coalition. Court Declares Civil and Criminal Punishments for Homelessness Are Cruel and Unusual
2022. https://nlihc.org/resource/court-declares-civil-and-criminal-punishments-homelessness-are-cruel-and-unusual
47 For information on combating the criminalization of homelessness, see the Washington Low Income Housing Alliance's toolkit.
STEP STATE OF THE PRACTICE - JULY 2024
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In 2023, the City of Federal Way denied an application from Catholic Community Services for the change OT use
of a motel to an emergency shelter. The city denied the application because it violated FWRC 19.220.105,
which includes spacing requirements for emergency housing and shelters.48 Catholic Community Services filed
an appeal challenging the city's method of measuring the distance between the shelters, as well as the validity
of FWRC 19.220.105. The appeal also asserted that FWRC 19.220.105 does not comply with the Growth
Management Act (GMA) or the Religious Land Use and Institutionalized Persons Act (RLUIPA). The hearing
examiner dismissed the appeal because the examiner had no jurisdiction "to address the validity of City ^,
ordinances."49 Additionally, because FWRC 19.220.105 was not appealed to the Growth Management Hearings c
board within 60 days of publication, the hearing examiner had no jurisdiction to decide on the code's q
compliance with the GMA.so
Catholic Community Services also filed a land use petition in the Superior Court of Washington for King County
regarding the city's use of spacing requirements to limit the siting of a sufficient number of emergency
shelters and emergency housing.51 The superior court dismissed the case without trial, affirming the hearing
examiner's earlier decision.
48 FWRC 19.220.105. Emergency Housing and Shelter.
httos://www.codeDublishina.com/WA/FederalWav/htmI/FederalWavl 9/FederalWav19220.html#19.220.105
49 Administrative Appeal, Permit No. 22-105684-UP. July 31, 2023. HEX 23-004 Summary Judgment Order - Catholic Community
Services (Dismissed)pdf (cityoffederalway.com)
50RCW 36.70A.290(21.
51 Case 23-2-15583-1 SEA. Catholic Community Services of Western Washington vs. City of Federal Way Community Development
Department.
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Acknowledgments
Washington State Department of Commerce
Laura Hodgson, Housing Planning and Data Manager, Growth
Management Services Unit (GMS), Local Government Division (LGD)
Anne Fritzel, AICP, Housing Section Manager, GMS, LGD
Kirsten Jewell, Housing Policy Manager, Housing Division (HD)
Melodie Pazolt, Managing Director, Apple Health and Homes
Permanent Supportive Housing Unit, HD
Kathy Kinard, Managing Director, Homelessness Assistance Unit, HD
Abt Global
Lindsey Elam, AICP, Senior Analyst
Jill Khadduri, PhD, Principal Associate
Katie Kitchin, Director, State and Local Housing and Asset Building
Candace Baker, Associate
Nam Ha, Associate Analyst
Georgia Rawhouser-Mylet, Associate Analyst
Frances Walker, Research Assistant
The Corporation for Supportive Housing
Theresa Tanoury, MSW, Seattle -based Senior Program Manager
Lori Gutierrez, MSW, Senior Program Manager
Debbie Thiele, Western Region Managing Director
Sharon Rapport, California State Policy Director
Angela Brooks, FAICP, Illinois Program Director
1011 Plum St. SE
P.O. Box 42525
Olympia, WA 98504-2525
www.commerce.wa.gov
For people with disabilities, this report is available on request in other
formats. To submit a request, please call 360-725-4000 (TTY 360-586-0772).
STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024
Advisory Committee:
Alliance for Housing Affordability at Housing Authority of Snohomish
County
Association of Washington Cities (AWC)
City of Bellingham
City of Port Townsend
City of Spokane
City of Vancouver
City of Wenatchee
Dee Caputo, FAICP, Washington State Department of Commerce,
Growth Management Services (Retired)
Downtown Emergency Services Center (DESC)
Futurewise
GS Consulting
King County, Health through Housing
Mercy Housing Northwest
Washington State Association of Counties (WSAC)
Local jurisdictions and organizations that participated in the
interviews that informed this report:
City of Federal Way
City of Kenmore
City of Kent
City of Langley
City of Olympia
City of Spokane
City of Vancouver
City of Wenatchee
GS Consulting
King County
Lewis County
Plymouth Affordable Housing Development
Snohomish County
Washington State Department of Health
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Table of Contents
Chapter1: Introduction........................................................................................................................................................................................4
Background............................................................................................................
Emerging Best Practices.......................................................................................
5
6
Chapter2: Background........................................................................................................................................................................................7
2021 Updates to the Growth Management Act......................................................................................................................................................................7
RelevantState and Federal Laws............................................................................................................................................................................................8
State of the Practice in Washi
.............................................................................................................10
Chapter3: Planning for STEP 101......................................................................................................................................................................13
STEP Definitions .....................................
STEP Financing and Development Process ................
Supporting STEP Projects and Operations ..................
13
15
17
Chapter4: Comprehensive Planning for STEP....................................................................................................................................................18
Chapter5: Permitting STEP...............................................................................................................................................................................19
Chapter6: Model Ordinance...............................................................................................................................................................................22
Chapter7: Accommodating Enough STEP..........................................................................................................................................................31
Demonstrating Sufficient Land Capacity
31
ReducingDevelopment Barriers............................................................................................................................................................................................32
Addressing Potential Community Concerns........................................................................................................................................................................35
Chapter8: Adoption and Implementation...........................................................................................................................................................39
Appendix...........................................................................................................................................................................................................40
Methodology...........................................................................................................................................................................................................................40
STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 3
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Chapter 1: Introduction
The Washington State Department of Commerce created the STEP User Guide and
Best Practices Report to assist planning staff, elected and appointed officials, and
other representatives of Washington's jurisdictions as they develop local ordinances
and regulations pertaining to the siting and development of Emergency shelter,
Transitional housing, Emergency housing and Permanent supportive housing (STEP)
Definitions for these types of housing and shelter are in the Growth Management Act
and other statutes.
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 include day and warming centers that do not provide
overnight accommodations. RCW 36.70A.030(15)
Transitional housing means a project that provides housing and supportive
services to homeless persons or families for up to two years' and that has as its
purpose facilitating the movement of homeless persons and families into
independent living. RCW 84.36.043(3)(c)
Emergency housing is temporary indoor accommodations for individuals or
families who are homeless or at imminent risk of becoming homeless and is
intended to address 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.3 RCW 36.70A.030(14)
• 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. It utilizes admissions practices designed to use lower barriers to
The HUB on Third in Walla Walla (co -located emergency shelter, health care
and childcare services), Source: Blue Mountain Action Council (BMAC)
The PAD House in Whatcom County (emergency housing), Source:
Northwest Youth Services
Gonzaga Family Haven in Spokane (permanent supportive housing),
Source: Catholic Charities of Eastern Washington
1 For STEP, temporary applies to the person and how long they reside there, not the structure or length of time for the land use. However, when planning for STEP, it is best for
communities not to limit lengths of stay because it could be inconsistent with a project's funding requirements.
2 Although transitional housing is designed to move people into permanent housing in less than two years, some transitional housing programs do not limit the stay to two years.
3 Any STEP project that requires a lease or occupancy agreement is subject to all of the rights and responsibilities defined in chapter 59.18 RCW (Landlord Tenant Law).
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entry than 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
w
connect the resident of the housing with community -based health care, treatment, or employment services. RCW 36.70A.030(31)
co
Background
0
Washington experienced a significant 19.9% increase in homelessness from 2007 to 2023 a one of the main reasons for this is the state's lack of
3
affordable housing, resulting in housing prices rising faster than the lowest incomes.5 e To address this crisis, state and local governments must
c
encourage a variety of shelter and housing options, including STEP, to meet the unique needs of individuals, families, unaccompanied youth,
L
_
seniors, veterans, people with disabilities and other subpopulations who are at the greatest risk of losing their housing in these market conditions.
Fully planning local governments are required to identify sufficient land capacity for future housing needs of all economic segments and must
address barriers such as zoning and other rules that affect housing production (RCW 36.70A.070(2)). Cities are also required to allow STEP housing
in certain zones (RCW 35.21.683 and RCW 35A.21.430).
This report provides an overview of information local governments may need to plan for their local STEP housing needs, including:
• Emerging best practices for planning for STEP,
• Relevant state and federal laws for regulating STEP,
• Information on STEP housing types, development processes, planning steps, and permitting processes for STEP,
• A model ordinance for jurisdictions to use in developing their local STEP regulations,
• Guidance for local governments as they develop their regulations for STEP, and
• Strategies local governments can employ to encourage STEP development.
Commerce contracted with Abt Global and the Corporation for Supportive Housing to create this report that localities can use throughout
Washington. To ensure the effectiveness of these efforts, an advisory committee consisting of local government representatives, developers and
non-profit organizations provided guidance and feedback. The development of the report's contents also considered public input and emerging best
practices from communities in Washington and other parts of the country.
4 de Sousa, et al. The Annual Homeless Assessment (AHAR) Report. 2023. U.S. Department of Housing and Urban Development. www.huduser.gov/portal/datasets/ahar.html
5 TVW. Governor's Results Washington Initiative. Homelessness and Housing Crisis, March 2024. https://tvw.org/video/governors-results-washington-initiative-
2024031242/?eventlD=2024031242
6 Washington State Department of Commerce. Homelessness in Washington. March 2024.
httos://aoo.lea.wa.aov/ReDortsToTheLeaislature/Home/GetPDF?fileName=CommerceReDorts2023 HID _Homelessness _in_Washinaton 24def55e-7087-43fc-adOc-
7894a56106ab.pdf
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Emerging Best Practices
Communities can use the following strategies to accommodate local housing needs, prevent perpetuating discriminatory practices that make it
difficult to site and develop STEP, encourage affordable housing production, and support STEP developers, residents and staff. Additionally, these
strategies can benefit some of Washington's most vulnerable populations, increase housing stability, promote community integration and
contribute to larger initiatives to tackle homelessness and housing insecurity in the state.
• Allow STEP developments outright as a permitted use in designated zones
• Encourage STEP development in locations close to healthcare services, transportation, jobs and other amenities to promote economic mobility
and access to services
• Reduce and clarify requirements to streamline permitting steps and reduce barriers for STEP development
• Provide land use and financial incentives to encourage more STEP production
• Expedite permitting processes for STEP projects, thereby providing quicker, more predictable timelines that help prevent cost increases caused
by project delays
• Encourage developers to have pre -development application meetings with local planning staff to ensure they are aware of all the local
regulations and processes that apply to a project
• Understand the development process and funding requirements for STEP
• Partner with local service providers to create STEP regulations that are responsive to their needs and remove barriers to STEP development
• Facilitate communication between developers, providers and community members
• Use consistent definitions for STEP
• Partner with neighboring jurisdictions to create consistent regulations for STEP
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Chapter 2: Background
The Growth Management Act (GMA) requires cities and
counties to develop comprehensive plans and
development regulations for their communities. This
chapter provides an overview of recent changes to the
GMA for STEP, relevant state and federal laws for STEP,
and the state of the practice for regulating STEP in
Washington as of 2024.
2021 Updates to the Growth
Management Act
In 2021, Washington state passed House Bill 1220 (HB
1220), which amended the Growth Management Act
(GMA) and municipal code requirements (RCW
36.70A.070(2). and RCW 35A.21.430 and RCW
35.21.683, respectively).'
The law requires fully planning local governments$ to 6
plan for and accommodate housing affordable to all ■ 2024 Due Do «„ b« 31- ■ 2025Due oeoeIt,ber 31»2026 aw jum 3o- ■ 2027 ow jws 30
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income levels, which includes demonstrating sufficient �
* Staffed C01N1tiN Mt pMtielty p1arM11Rp under t!» Growth MafNpeftNn! Act
land capacity for housing at all income levels to meet =
future housing needs, including permanent supportive housing and emergency housing.' Local governments must also identify local barriers to
production of affordable housing and take actions to remove those barriers. They must complete these plans and associated updates to zoning and =
development regulations based on the periodic update schedule identified by the state legislature (see above right). w
In addition, municipal code changes in 2021 required changes to specific zoning and development regulations in cities for four different housing
types: emergency shelter, transitional housing, emergency housing and permanent supportive housing (STEP). These updates were required by
September 2021.10 However, some cities were unable to address the requirement to permit STEP by the required deadline and others were waiting
for their comprehensive plan periodic update to complete the work. Some lacked the necessary resources to implement the state laws, some were
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' For more information on the Growth Management Act and other relevant state and federal laws pertaining to STEP, see the STEP State of the Practice Report. 4)
8 Fully planning communities are all those jurisdictions in dark blue, light blue and green on the GMS Regional Variations map. E
9 Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs and land capacity guidance.
10 Defer to local jurisdictions' ordinances to determine if your community has updated its regulations for STEP. Q
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waiting for Commerce to project housing needs for each county, and some implemented policies that created additional barriers to increasing
in Washington.
In addition to the requirements about where STEP must be allowed in cities, state law was updated to state that any local restrictions on spacing,
occupancy and intensity of use for these developments must be linked specifically to public health and safety reasons (e.g., reference emergency
response times, building code, etc.) in their ordinance's findings section. 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).
Additional state laws and guidance for occupancy, spacing and intensity are as follows.
Occupancy: Cities and counties may not regulate or limit the number of unrelated persons who may occupy a dwelling unit except as provided
for in state law for short-term rentals or by occupant load per square foot, RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227.
Spacing: Spacing can refer to the distance between similar uses or the proximity to services (e.g., transportation). Any spacing requirements
should not exceed the spacing required by RCWs 9.94A.030, 9.94A.703 and 9.94A.8445, which create community protection zones of 880 feet
to prevent sex offenders from living near schools.
Intensity: With respect to STEP, intensity can refer to the density of people, transportation, and/or services needed by the participants who live in
a single location or facility.
Relevant State and Federal Laws
In addition to the Growth Management Act, other state and federal laws apply to STEP; Table 1 provides law summaries and links.
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Table 1 - STEP Types and Applicable Laws
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The Growth Management Act and RCWs 35A.21 and 35.21 require fully planning local governments to plan for and accommodate I Y I Y I Y I Y to
housing affordable to all income levels.
RCW 35.21.683 and RCW 35A.21.430 requires cities to not prohibit indoor emergency shelters and indoor emergency housing in
Y
Y
Y
c
Y o
zones where hotels are allowed. Cities must allow permanent supportive and transitional housing in zones where residential
U
dwelling units or hotels are allowed. These regulations may limit occupancy, spacing and intensity of use requirements to protect
public health and safety so long as such limits allow the siting of a sufficient number of units/beds to accommodate each city's
o
projected housing needs.
Y
RCW 35.21.689 and RCW 35A.21.305 require cities to allow permanent supportive housing in areas where multifamily housing is
permitted.
Y*
Y*
Y
RCW 36.130.020 prohibits any local government from having requirements on an affordable housing development that are different
from those imposed on housing developments generally.
Y
Y
y
N
Y
RCW 35.21.682. RCW 35A.21.314 and RCW 36.01.227 prohibit any local government from having requirements related to unrelated
Y
persons that may occupy a unit.
_
RCW 36.70A.545 requires fully planning cities and counties to allow increased density bonuses for any affordable housing on real
Y*
Y*
Y v
property owned or controlled by a religious organization.
_
RCW 35.21.915, RCW 35A.21.360. and RCW 36.01.290 prohibit any local government from regulatory limits on encampments, safe
Y
Y
overni overnight shelters, and temporary small houses on property owned or controlled b a religious organization.
parking, 9 P Y P P Y Y 9�r,
RCW 36.70A.540 gives authority to local governments to offer incentives in exchange for providing development for low-income Y* Y* Y
housing units.
RCW 36.70A.070(2)(c) requires fully planning local governments to document how they have sufficient land use capacity for all Y** Y Y
future housing needs by income level.
RCW 36.70A.210(3)(e) requires fully planning counties to have countywide planning policies that consider the need for housing for Y Y Y Y
all economic segments and the parameters for its distribution.
RCW 9.94A.030(6) regulates where level two and three sex offenders may not live.
RCW 36.70A.390 states public hearing requirements for moratoria and interim zoning control are not applicable to regulations that
prohibit building permit applications for transitional housing or permanent supportive housing in any zones in which residential
dwellings or hotels are allowed or prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels
are allowed.
Y
Y
Y
Y
Y
Y
Y
Y
Washington Law Against Discrimination prohibits requirements imposed on STEP that violate civil rights protections.
Y
Y
Y
Y
Washington State Residential -Landlord Tenant Act includes laws landlords must follow.
Y*
Y*
Y
Y
Washington State Environmental Policy Act requires all branches of government in the state to examine their laws' environmental
Y
Y
Y
impacts. At the local level, this requires an assessment of comprehensive plans, development regulations, and project permits
unless specifically exempted by the act.
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Americans with Disabilities Act prohibits discrimination against individuals with disabilities and provides enforceable standards to
address discrimination.
Fair Housing Act prohibits "neutral" policy that has a disproportionately adverse effect on a protected class.
Religious Land Use and Institutionalized Persons Act prevents the implementation of land use regulations that impose a substantial
burden on the religious exercise of a person.
Y
Y
Y
*Only applicable when the housing has a rental agreement, occupancy agreement or lease. A "rental agreement," "occupancy agreement" or "lease" establishes or modifies the
terms, conditions, rules, regulations and other provisions concerning the use and occupancy of a dwelling unit.
**Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs.
State of the Practice in Washington
Commerce spoke with a number of communities to learn how they developed and regulated STEP. This section reflects these findings.
In Washington, many communities use local land use policies to influence the development of STEP. It is appropriate for local governments to apply
land use and development regulations to these housing types, as with all other developments, by law. While some recently adopted STEP
regulations are consistent with state and federal laws and encourage the production of STEP to meet their local housing needs, some existing local
regulations and processes conflict with state and federal laws. In general, local regulations in Washington state could align better with state
requirements, provide more flexibility and greater opportunities for establishing STEP, and remove barriers to this affordable housing need."
The following are examples of observed regulatory and process barriers for STEP development in the state of Washington:
Permit processes: Generally, local authorities permit STEP development in areas that already have access to services such as transit, which is a
best practice. However, some jurisdictions still require a conditional use permit for all STEP, which is inconsistent with state laws for permanent
supportive housing and STEP housing with leases (RCW 36.130.020), but also creates a barrier to siting any STEP project. Under this permitting
process, these projects must meet certain criteria and go through a special approval process that can delay the project's timeline and increase
the likelihood that a hearing examiner or the city council will not approve the project following public opposition. These additional conditions
and delays result in significant costs to the project sponsors and public funders and may discourage a STEP developer from pursuing projects
in their jurisdiction.
• Occupancy, spacing and intensity requirements: Local regulations for STEP often include rules related to occupancy, spacing, intensity or
density, parking, environmental standards and other development and operational requirements that could create barriers for STEP production.
>> All fully planning local governments are directed by RCW 36.70A.070(2)(d) to "make adequate provisions for existing and projected needs of all economic segments of the
community,"
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Typical restrictions on the occupancy, spacing and intensity of use of STEP in local jurisdictions include limits on the number of clients a project
can serve, the number of staff and the distance between STEP projects. Most jurisdictions also do not have special provisions regarding density
bonuses for STEP sponsored by religious organizations (RCW 36.70A.545). Some communities have distance restrictions that prohibit the
construction of emergency shelters or emergency housing within one-half mile of another existing or proposed shelter or emergency housing w
projects. Variations of this requirement are common in Washington's jurisdictions.
0
In most cases, jurisdictions have not shown in their ordinances' findings how their spacing, occupancy and intensity of use regulations are c
linked to public health and safety (e.g., referencing local building and fire code), therefore they are not in compliance with state laws that require t
this demonstration and possibly in violation of federal fair housing laws. Their spacing requirements are also not consistent with the c
Department of Commerce's recommendations that any spacing requirements should not exceed the spacing already required by RCWs
9.94A.0301 9.94A.703 and 9.94A.8445, which create community protection zones of 880 feet to prevent sex offenders from living near schools.
Jurisdictions with spacing and intensity requirements have also not identified how they will have sufficient capacity for their future housing
needs at each income level in their 20-year comprehensive plans and development regulations, which is inconsistent with state law requiring
this demonstration if communities adopt these types of regulations.12 A combination of density and spacing requirements for STEP can easily
result in a community not having enough sites available with the capacity to meet local housing need allocations, impacting the jurisdiction's
ability to make adequate provision for this type of housing and adhere to state law. Furthermore, RCW 36.70A.070(2)(d)(ii) states that
jurisdictions must assess barriers, such as development regulations, gaps in local funding and other limitations, as part of documenting
programs and actions needed to achieve housing availability in their comprehensive plans. Barrier assessment should consider factors that may
negatively affect production for each type of housing allowed in the jurisdiction.13
Parking minimums: STEP projects are commonly required to meet similar parking minimums as other housing, mixed -use or other development
types. Because STEP residents or clients may be less likely to own a car, especially in urban environments near transit, these requirements may
limit or create barriers for STEP development. In some Washington communities, the planning director and/or city engineer determines STEP
projects' parking requirements or approves a parking study for required parking; this process may support flexibility and reduce barriers for
STEP projects.14 Other communities have parking minimums specific to STEP (e.g., one parking space for every two employees and every four
beds).
12 RCW 35.21.683 and RCW 35A.21.430 note these restrictions shall 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] city's projected need for such housing and shelter. Additionally, fully planning cities and
counties are required with their periodic update to show sufficient land capacity for housing needs at all income levels. (RCW 36.70A.070(2)(c))
13 Strategies that jurisdictions can consider implementing to help STEP overcome development barriers are discussed staring on page 32.
14 Planning director and/or city engineer approval may also create ambiguity if there are not clear standards or examples that developers can reference.
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Operations plans: Many communities also require STEP or certain STEP types, such as emergency shelters or emergency housing, to submi
operations plans or agreements before they can be permitted. The required information for operations plans varies by jurisdiction. However,
common documentation requirements include:
a
• Contact information for key staff and their roles and responsibilities W
• A facility management plan, including security policies and an emergency management plan o
• Site and facility maintenance policies =
• Occupancy policies
• A staffing plan -�
• A community engagement plan
• Documentation of record -keeping processes =-
• A description of transportation either provided or accessible to residents
3
These requirements can create barriers to STEP production and are inconsistent with state law generally when required of permanent
supportive housing, as well as transitional and emergency housing with leases, unless they are required of other housing generally because the N
state considers these affordable housing (RCW 36.130.020). -a
To encourage STEP, local developers said jurisdictions can be more flexible regarding their specific requirements, such as reducing or waiving
parking minimums when projects anticipate a high ratio of tenants who use public transportation or have alternate modes of transportation
and do not need onsite parking. Jurisdictions can also help by only requesting STEP projects provide operations plans when there is sufficient
local government capacity and expertise to review the plans and only asking for necessary information that can be important for local
government to have on file (e.g., emergency contact number and a safety plan). If a local government requires any of these additional plans or
information, Commerce recommends that local governments require only basic information and that they provide examples of the plans for
local developers to reference and understand what is required.
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Chapter 3: Planning for STEP 101
Jurisdictions should use Washington state's definitions for STEP to ensure consistency across the state and encourage STEP development by
making definitions and policies more straightforward for developers. When planning for STEP, it is also helpful to consider the various processes w
involved in planning, siting, funding, permitting, building, licensing and operating STEP projects.
co
STEP Definitions o
Washington state uses specific terms and definitions for STEP that are used throughout this report; see Chapter 1: Introduction. For the purposes of a
the state's model ordinance and this report, STEP refers to developments that meet the Washington State Residential Building Code based on the o
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2021 International Residential Code, which includes rules for a permanent foundation, safe plumbing and electrical practices, insulation, weather
tightness, energy efficiency and safety (smoke alarms and egress). T
With regard to emergency housing and emergency shelter, RCW 35.21.683 and RCW 35A.21.430 state that jurisdictions must not prohibit indoor
emergency shelters and indoor emergency housing in all zones in which hotels are allowed. "Indoor," as used in the definition of indoor emergency
housing (RCW 36.70A.030), and "indoor" with respect to indoor emergency housing and indoor emergency shelter in RCW 35.21.683 and RCW
35A.21.430, is interpreted in this report and the state's model ordinance as a subset of all of the possible building forms in which shelter can be
provided. Indoor implies buildings that are affixed to the ground and have indoor plumbing, and therefore would exclude forms on wheels (e.g.,
recreational vehicles) or that lack internal sanitation and/or cooking facilities, such as tiny shelters or pallet shelters.15
Non-standard types: Local jurisdictions have observed many organizations proposing non -building code compliant structures or structures that
may not have indoor plumbing, such as temporary pallet shelters, tent encampments and safe parking areas. This sometimes presents challenges
for jurisdictions because their local codes may limit these types of structures. An additional challenge observed is that there are no adopted
statewide standards for safe human habitation of these structures, but building codes for some temporary emergency shelters should be available
by July 2026.16 Tiny homes and park model homes" may also face barriers because their size and dimensions may not conform to standard
building codes, or local governments may limit where these homes are allowed as primary dwellings.
Non-standard STEP types cannot be counted towards a jurisdiction's local housing need allocations, because they are more like sanctioned
encampments than emergency shelters. The U.S. Department of Housing and Urban Development (HUD) and the Washington State Department of
Commerce's Homeless Assistance Unit currently do not fund these projects as "emergency shelters." Furthermore, depending on the shelter and
15 Therefore, cities are not required to allow non -building code compliant structures as STEP, but the Department of Commerce encourages local governments to allow non-standard
types of STEP as an alternative to sleeping outside to provide safer places for people experiencing homelessness.
16 The Washington Legislature adopted Senate Bill 5553 in 2023, which directs the state building code council to adopt standards for temporary emergency shelters and make them
available for local adoption. Adopting these state building code standards may assist local governments with their building code questions for unique shelter accommodations.
17 Park model homes are recreational vehicles intended for permanent or semi -permanent installation. They are used as a primary residence (RCW 59.20.030).
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services offered, occupants may still be considered "unsheltered" under federal definitions. For example, HUD considers someone living in their car
as experiencing unsheltered homelessness.'$
However, the Department of Commerce encourages local governments to allow non-standard types of STEP as an alternative to sleeping outside to
provide safer places for people experiencing homelessness. These non-standard housing types could include, for example, safe parking and other
non-standard projects that offer occupants sanitation services, connections to community services and support in finding permanent housing.19
Local governments may consider making land available for non-traditional projects, taking into consideration other potential uses of public land.20
While there are currently no state or federal standards for non-standard shelter types, some existing federal, state and local laws apply to this issue,
for example:
• In 2019, the U.S. Supreme Court denied the City of Boise's petition regarding its Camping and Disorderly Conduct Ordinances, which upheld the
law that people experiencing homelessness cannot be punished for sleeping outside on public property if adequate alternatives are not
provided. The ruling in Martin v. Boise encouraged local governments to plan for alternatives to homelessness. However, on June 28, 2024, in
the case of Grant Pass v. Johnson, the U.S. Supreme Court decided that jurisdictions could criminalize camping and sleeping in public,
overturning the Grant Pass case's previous decision and the Martin v. Boise ruling.21
• RCW 36.70A.540 states that local governments may use their development regulations and other means to expand opportunities for low-
income housing units, including tiny home communities.
• Some local jurisdictions have implemented regulations for these non-standard housing types. Thurston County recently finalized its interim
homeless encampment facility regulations, and the City of Bellingham has regulated temporary shelters, including encampments, safe parking
areas and tiny house shelters, since 2018. The City of Port Townsend created new regulations to support STEP, including wooden tent villages.
Before adopting these code changes, Community Build, a nonprofit, built "wooden tents" (one -room structures serving as effective shelters that
do not meet the legal definition of a dwelling unit) in Port Townsend. Permitting these tent encampments kept people sheltered and safer than
the alternatives (e.g., sleeping outside). Port Townsend staff reported fewer conflicts than expected between wooden tent encampments and
neighboring uses. However, the project did face several challenges. It needed to be approved through a temporary conditional use process,
18 HUD defines unsheltered homelessness as an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a
regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport or camping ground. For more information, see Unsheltered
Homelessness on the HUD Exchanoe.
19 Currently, there are no state or federal guidelines in place for the use of safe parking areas as permitted emergency shelter options. This absence leaves jurisdictions to determine
their own policies for integrating safe parking into STEP planning. At least ten jurisdictions in Washington have established safe parking programs; for more information, see the
National Vehicle Residency Collective's National Parking Program List.
20 The Portland State University's Homelessness Research & Action Collaborative for the Joint Office of Homeless Services found that tiny home villages only cost less to develop
when land is free, compared to more traditional forms of STEP (motels and congregate shelter). It also found that operating costs for villages vary because of their staffing needs.
Operating expenses for tiny home villages are higher than congregate shelters. However, this study found that alternative shelter types, like these villages, are more successful in
transitioning people out of homelessness and meeting their needs than congregate shelters. The most appropriate shelter type for a community varies and can be based on a
number of factors (e.g., client needs and preferences, land suitability, properties available for acquisition, and a project's lifespan).
21 For information on combating the criminalization of homelessness, see the Washington Low Income Housing Alliance's toolkit.
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which required the project's managing agencies to extend the permit or move to a new location every six months. The city reported this was
costly and inefficient.
Housing vs. facilities: Some residential types are sometimes confused with STEP, particularly permanent supportive housing. Residents residing in
permanent supportive housing are subject to all the rights and responsibilities defined in chapter 59.18 RCW, also known as the Washington State
Residential Landlord -Tenant Act. A person residing in permanent supportive housing has full rights of tenancy through a lease with their landlord,
but this is not the case in licensed residential facilities, such as licensed adult family homes, group living homes for persons with intellectual or
developmental disabilities, or assisted living facilities for seniors where residents must pay towards the cost of their care."
Disaster Relief / Recovery Shelter: While STEP may be used in the event of a disaster (e.g., floods, wildfires, landslides, and earthquakes) to meet
immediate needs, disaster relief and recovery shelters established by FEMA, local governments or others in response to a disaster (before or after)
is not considered STEP. Disaster relief/recovery shelters have different funding sources, managers, and operators and can trigger different
regulations and local processes. Local governments can consult their emergency preparedness plans and FEMA's Planning Considerations:
Disaster Housing for more information on disaster shelter and housing planning.
STEP Financing and Development Process
STEP projects often face significant financial barriers and have complicated funding sources, each with its own requirements. When considering
development regulations, jurisdictions should take these funding sources and their requirements into consideration and try to avoid creating
potentially duplicative or overly burdensome standards that may overlap with the other requirements projects need to meet to obtain funding and be
viable.23 Some common funding sources for STEP include:
• Washington State's Apple Health and Homes Initiative, Housing Trust Fund and Consolidated Homeless Grant
• Support from county and local governments, financial institutions and philanthropic organizations (e.g., tax -increment financing, grants, loans,
reduced impact fees and system development charge waivers, free or reduced price land, cash and materials donations)
• Low -Income Housing Tax Credits, Historic Tax Credits and New Markets Tax Credits
• The U.S. Department of Housing and Urban Development (e.g., Home Investment Partnership Program and Community Development Block
Grants) and Rental income, Housing Choice Vouchers and Medicaid (for leased units)24, 25
22 For more information on STEP and other housing types, seethe Department of Commerce's STEP Housing Definitions Factsheet.
21 Small cities and counties who need assistance with STEP planning or regulations can reach out to the Department of Commerce or their Regional Planner as a resource.
24 The Urban Institute, in partnership with the National Housing Conference, developed an interactive tool that helps illustrate how affordable housing developments "pencil out" and
discusses how these types of projects typically need some form of government support.
21 For more information on funding sources, see the Department of Commerce's STEP State of the Practice Report and STEP Operations Guide.
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STEP project sponsor or another partner identifies STEP project partners create a detailed development plan STEP project partners make any necessary revisions to
community needs (e.g., reviewing existing
community plans, studies and date and engaging (e.g., architectural drawings, engineering plans, and other the development plan after it is reviewed by local
relevant documentation) and apply for a building permit. government departments, such as building, zoning and
the local Continuum of Care lead agency and fire safety, to ensure compliance with all relevant
public housing authority) and develops a design
concept to help address those needs. regulations to receive permit approval.
STEP project sponsor or another partner
Identifies additional key partners (e.g., architect,
attorney, development consultant, funders, tax
credit syndicator if using Low Income Housing Tax
Credits, general contractor and management
company) and begins securing financial
com mit mec" tw Maie" COO'MWAion
STEP project partners identify an appropriate
Location (e.g., where the project complies with
zoning code, development regulations and
funding requirements) and obtain site control. A
project's funding can drive its site selection; for
example, some funders' scoring criteria look at
neighborhood demographics, amenities, transit
options and other location characteristics.
STEP project partners secure funding commitments.
Developing and operating STEP projects requires some
form of financial assistance from the public sector,
financial institutions, private investors or non-profit
organizations. Often, a combination of these funding
sources is needed, each with its own unique
requirements.
STEP project partners conduct a site assessment,
financial feasibility analysis and other predevelopment
activities, like community engagement. In some
jurisdictions, neighborhood responses to affordable
housing can drive local siting and permitting decisions.
Some developers may need to conduct early public
outreach and engagement to foster community support
for their project.
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STEP project obtains a certificate of occupancy and
opens for operation. In Washington state, most STEP
accomodations do not have licensing and operating
requirements under state law. However, once STEP
opens, operation involves numerous activities, such
as developing operating procedures and policies,
ordering furniture and supplies, hiring and training
staff, marketing services, planning for move -ins,
property management, service delivery and
responding to fundersllenders reporting requirements.
Supporting STEP Projects and Operations
Consistent with state funding guidelines for a variety of funding sources,26 Commerce recommends that local governments support low -barrier
projects consistent with the "Housing First" model.
Low -barrier projects require minimal eligibility requirements and documentation.21 Households experiencing homelessness are not screened out
based on the following criteria: having little or no income, poor credit or financial history, poor or lack of rental history, involvement with the criminal
justice system, active or history of substance use, disability -related services support, lacking ID or proof of US residency or behaviors perceived as
indicating a lack of "housing readiness," including resistance to receiving services. Low -barrier projects have realistic and clear expectations. Rules
and policies are narrowly focused on maintaining a safe environment and avoiding exiting people back into homelessness.
Low -barrier projects do not have work or service requirements. If the project requires households to pay a share of rent, they allow reasonable
flexibility in payment. Emergency shelters may not require occupants to enter into a lease or an occupancy agreement. Households in low -barrier
programs are not terminated because they will not participate in supportive service programs. In addition, alcohol and/or substance use in and of
itself is not considered a reason for termination. If a household is terminated from a low -barrier project due to violating rules focused on
maintaining a safe environment, there must be a process in place for the household to be considered for re -enrollment if the household
demonstrates unsafe behavior is unlikely to re -occur (i.e., engaged in new treatment plan, mental health services, medical care, etc.).
Housing First is a philosophy and approach to housing and services that is often associated with permanent supportive housing, but it is applicable
to all STEP types. Housing First revolves around several core tenets including entry that is not conditioned on sobriety, previous service
participation, credit or evictions; housing is provided as quickly as possible; and the participant has a choice in housing selection within the bounds
of available options. Housing First provides voluntary, tenant -driven supportive services to residents to help them comply with lease terms and to
address behaviors that impact housing stability.28
Housing First is a trauma -informed practice that recognizes that an individual's life events or circumstances that they experience as physically or
emotionally harmful have lasting adverse effects on that individual, mentally, physically, socially or emotionally.29 The design and operations of
STEP projects should be trauma -informed, which includes an emphasis on safety in the physical environment, promoting self -efficacy and control
over one's belongings and daily activities, and ongoing education of staff on trauma -related behaviors and trauma -informed practices.
26 For example, according to Guidelines for the Consolidated Homeless Grant (CHG). Updated March 2024, "By July 1, 2025, no less than 80% of a county's CHG funded projects
(programs and facilities) must be low barrier."
27 The description of low -barrier projects in this paragraph come from Commerce's Guidelines for the Consolidated Homeless Grant (CHG). Updated March 2024, pages 9 and 10
28 This "Introduction to Housing First" contains more of the basics of the "Housing First" principles. Additional resources on Housing First can be found on Commerce's Housing
Division Grantee Training webpaae under "Housing First."
29 Substance Abuse and Mental Health Services Administration. SAMHSA's Concept of Trauma and Guidance for a Trauma -Informed Approach. U.S. Department of Health and
Human Services. 2014. https://store.samhsa.gov/sites/default/files/smal4-4884.pdf.
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Chapter 4: Comprehensive Planning for STEP
Homelessness and housing affordability is a challenge that affects an entire county and requires solutions that often go beyond the resources of
one city or town government. Therefore, many planning and implementation efforts start or take place at the county level in Washington.30 w
Revisions to RCW 36.70A.070(2) in 2021 updated requirements for how jurisdictions should plan for housing in their comprehensive plans. To 0
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implement the new law, the Department of Commerce provides projections of housing needs for each county, including emergency housing and `o
permanent supportive housing.31 Each county must decide how to allocate these projections among its local jurisdictions. Each jurisdiction must
then document its share of countywide housing needs by income level and plan for and accommodate that share of housing needs in its
comprehensive plan.32
Each county that is fully planning under the Growth Management Act must have countywide planning policies and processes for allocating their
countywide housing needs to local jurisdictions (RCW 36.70A.210(3)(e)).33 Many communities are still in the process of allocating countywide
projections of need to local governments. Countywide collaboration in this process is vital to ensure a coordinated approach to planning for
housing for all income levels.
As counties decide where overall population and housing should be directed, most communities use data on employment locations, transportation
accessibility, service availability, infrastructure and land capacity to determine the appropriate percentage of housing growth to plan for in each
area. Local governments then use this information and the Department of Commerce's Housing for All Planning Tool to determine a distribution of
housing needs by income level to each jurisdiction or to inform a local -designed method of allocating housing needs. Counties may use their
countywide planning policies about where overall growth should be directed within the county to assist with this work or local data such as
information about where existing support services are located or likely to locate, where existing affordable housing and STEP housing are located,
and other local factors to inform their decisions.
30 In addition to comprehensive planning for housing of all income levels under the Growth Management Act, Washington state law (RCW 43.185C.050) requires that each county
local homeless housing task force develop and recommend to its local government legislative authority a five-year homeless housing plan for its jurisdictional area. Each county's 5-
year plan can be found on Commerce's website.
31 Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs.
32 Resources for projected housing needs are in Book 1 of Commerce's Housing Element Guidance. Projecting housing needs by income level begins on page 34. Information on
how to allocate the countywide housing needs from the countywide projections to individual jurisdictions begins on page 60.
33 RCW 36.70A.210(3): A countywide planning policy shall, at a minimum, address policies that consider the need for affordable housing, such as housing for all economic segments
of the population and parameters for its distribution.
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Chapter 5: Permitting STEP
The local permitting process for STEP can vary depending on the jurisdiction and their permitting procedures. The approval process for a land use a
permit typically depends on whether the permit is classified as Type I, II, III or other permit. While the number of permit types and their terminology
may vary by jurisdiction, in general, the more complex the project, the greater the level of public notice and review is needed. sa. ss, sb For example, o
simple building permits are administratively approved under a Type I permit, while permitting for projects requiring a higher level of review such as
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conditional use permits, commonly fall under Type III and higher.
Project permit decisions can involve different decision makers and levels of public input. Projects permits approved by local planning staff without
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public hearings are considered administrative decisions. More complex projects may involve review by a hearings examiner, public hearings and
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may include discretion in permitting decisions. These permit types are called quasi-judicial because additional procedures are factored into the
permitting decision. Generally speaking, quasi-judicial permitting proceedings provide for public notice, public testimony and decisions based on
adopted criteria. Conditional use permits and variances heard and decided by a hearings examiner are common examples of quasi-judicial permits.
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Table 2 provides recommendations for permitting processes related to STEP, including information on whether the level of permitting might be
considered a permitted or conditional use in land use tables.
34 For more examples of local permit procedures, read MRSC's Streamlining Local Permit Review Procedures (2024).
35 For resources on local planning, project review, and permitting, read the Department of Commerce's A Short Course On Local Planning Resource Guide Version 5.3 (2017).
36 The Local Project Review Act (RCW 36.70B) codified into state law a series of best practices for the local land use permit process to better enable citizens and developers to know
what to expect and to provide for more timely and efficient permit issuance.
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Table 2 - Example of Local Permit Processes by Project Types
Approval Process
Recommended review process for STEP
Type
Permitting Table
Administrative
Emergency shelter and emergency housing
that meet local development standards in
areas zoned for hotels
Transitional housing and permanent
supportive housing that meet local
development standards in areas zoned for
other housing types and hotels
Outdoor encampments, safe parking, indoor
overnight shelters, and temporary small
houses on property owned or controlled by a
religious organization
Permitted
Administrative Discretionary
Emergency shelter, transitional housing,
emergency housing and permanent
supportive housing that require an
exemption to local development
regulations
Affordable housing developments on
property owned or controlled by a religious
organization seeking an increased density
bonus consistent with the community's
housing needs allocation
Permitted, sometimes with footnotes, OR
Administrative Conditional Use
(emergency housing and emergency
shelter ONLY, not PSH or transitional
housing)37
Quasi -Judicial
Projects that do not meet the
requirements for a Type 1 or Type II
Permit.
Conditional Use*
* Commerce recommends allowing emergency housing and emergency shelter as permitted uses whenever possible, instead of conditional uses
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The permit type for STEP facilities is mainly determined when a jurisdiction amends its zoning regulations and determines whether STEP facilities
are a permitted use, administratively approved use or a conditional use in particular zoning districts. Jurisdictions should give particular attention tc
the code development process and make concerted efforts to notice and involve the public so that the public has been engaged on decisions on
where STEP facilities may be located and their applicable permit process. To reduce barriers to siting STEP facilities, Commerce recommends local
governments adopt development regulations as follows:
37 PSH and transitional housing should not be an administrative conditional use unless other housing generally is permitted as an administrative conditional use (RCW 36.130.020)
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7.A.c
• Allow permanent supportive housing and transitional housing to be permitted using the same process as housing development genera y
(RCW 36.130.020).
• Use the lowest level permitting type for STEP (e.g. Type I permit process is preferred to Type III).
• When a conditional use permit process is required for STEP, clearly specify the required standards STEP facilities must meet to address
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compatibility and impacts. This will facilitate a STEP project's ability to meet the criteria for approving the permit.
When permitting projects, it is important for jurisdictions to effectively communicate to the public when they do and do not have influence over the
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permit decision -making process. For example, communities can consider including this information in the messaging for public notices. If a
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jurisdiction plans to organize an informational meeting about a STEP project, jurisdictions should be careful with the wording of notices to explain
that these are informational community meetings to present the facts of a project and local feedback cannot affect the permitting decision.
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Chapter 6: Model Ordinance
The model ordinance presented here supports jurisdictions in developing ordinances that are consistent with state and federal laws, implement
their comprehensive plan, help address their county's allocations of housing needs and encourage STEP. The model ordinance provides sample w
regulatory language. The primary components of the ordinance are: N
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• Section 1 General: Ordinance number and title, recitals or whereas clauses, enactment clause and statement of purpose. o
• Section 11 Definitions: Definitions of the terms used in the ordinance.
• Section III Substantive Provisions: More detailed guidance on zoning and development regulations and a zoning matrix. o
• Section IV Concluding Sections: Effective date, corrections/repeals, savings and severability clauses.
Table 3 outlines each section and its sub -sections. Jurisdictions can use the relevant language, fill in information specific to their community in the m
red text, and edit the ordinance further to fit local needs if necessary. Table 3 also includes additional information for jurisdictions to consider as
they develop their regulations, including legal considerations, instructions on how to tailor the language to fit a variety of contexts across the state,
and a discussion of strategies that help reduce regulatory barriers for STEP.
Table 3 - Model Ordinance and Additional Considerations and Options
L General
i. Ordinance Number and Title
AN ORDINANCE REGULATING THE SITING AND DEVELOPMENT OF EMERGENCY SHELTERS, TRANSITIONAL
HOUSING, EMERGENCY HOUSING AND PERMANENT SUPPORTIVE HOUSING.
Nil
AN ORDINANCE amending [chapter number amended] of the municipal code.
STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024
Ordinance Number and Title: The model ordinance
provides sample language that local jurisdictions can
use to develop their own ordinances for regulating
STEP. For general guidance on developing local
ordinances, including the Ordinance Number and Title
section, jurisdictions can read MRSC's Local
Ordinances for Washington Cities and Counties (2015).
In general, the model ordinance and its guidance are
written with both counties and cities in mind. The
model ordinance highlights areas in red where
communities can customize the language. In most
cases, guidance that applies to cities also applies to
counties.
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ii. Recitals or Whereas Clauses
Whereas,
A) The Washington Growth Management Act requires fully planning local governments to plan for and accommodate
housing affordable to all income levels. All cities and counties planning under the Growth Management Act must
update their comprehensive plans and development regulations according to the schedule in RCW 36.70A.130.
B) RCW 35.21.683 and RCW 35A.21.430 require that cities shall not prohibit transitional housing or permanent
supportive housing in any zones in which residential dwelling units or hotels are allowed. Cities also 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. These regulations were
effective September 30, 2021.
C) Cities must allow permanent supportive housing in areas where multifamily housing is permitted. (RCW
35.21.689, RCW 35A.21.305)
D) All fully planning jurisdictions must document sufficient land capacity for emergency housing, emergency shelters,
and permanent supportive housing. (RCW 36.70A.070(2)(c))
E) Public hearing requirements for moratoria and interim zoning control are not applicable 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. (RCW 36.70A.390)
F) City and county regulations may not limit the number of unrelated persons that may occupy a household or
dwelling unit except for lawful limits on occupant load per square foot or building code limits. (RCW 35.21.682,
RCW 35A.21.314 and RCW 36.01.227)
G) Any restrictions and requirements imposed on the siting and operations of emergency housing, emergency
shelters, permanent supportive housing and transitional housing must not violate civil rights protections provided
by the Washington Law Against Discrimination, the federal Fair Housing Act and the Americans with Disabilities
Act.
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Recitals or Whereas Clauses: Local recitals or whereas
clauses in Washington state often include relevant
state requirements, facts justifying the ordinance,
references to the comprehensive plan and information
on the process of developing the ordinance and
regulations. The model ordinance provides excerpts
from relevant state and federal laws.
Jurisdictions could also cite relevant local data on
housing needs regarding STEP (e.g., housing needs
allocations from their county or the county's overall
housing needs allocations), or housing policies from
their comprehensive plan.
Jurisdictions could also include statements
summarizing the process of developing and approving
the regulations, such as what information was
considered when the ordinance was drafted, what the
planning commission recommendations were, whether
there was a public hearing(s), and when Washington
State Environmental Policy Act requirements were
considered if applicable.
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H) A city or county is prohibited from imposing different requirements on affordable housing developments (e.g.,
permanent supportive housing, transitional housing or emergency housing with a lease) than those imposed on
housing developments generally. However, exceptions are allowed for preferential treatment towards affordable
housing developments aimed at specific groups such as individuals experiencing homelessness, farmworkers,
persons with disabilities, seniors or low-income households. Preferential treatment may include fee reductions or
waivers, adjustments to architectural or site development requirements, or other measures aimed at reducing
development or operating costs. (RCW 36.130.020)
1) If a city, county or other local government entity is a funder of the project, the city can put regulations or
restrictions on operators of affordable housing.
J) Any city or county must allow an increased density bonus consistent with local needs for any affordable housing
development of any single-family or multifamily residence located on real property owned or controlled by a
religious organization. (RCW 36.70A.545)
K) Regulatory limits on outdoor encampments, safe parking efforts, indoor overnight shelters, and temporary small
houses on property owned or controlled by a religious organization must be consistent with RCW 35.21.915 and
RCW 36.01.290.
iii. Enactment Clause
Therefore, the [approving entity, for example, City Council or Board of County Commissioners, and community name]
does ordain as follows:
iv. Statement of Purpose
The purpose of this ordinance is to:
A) Ensure compliance with the State of Washington's Growth Management Act and other laws.
B) Support the implementation of [community name]'s comprehensive plan.
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Enactment Clause: The enactment cause includes who
adopted the ordinance.
Statement of Purpose: A statement of purpose typically
discusses the ordinance's goals, such as ensuring compliance
with state and federal laws and the comprehensive plan. Goals
might incorporate specific excerpts from laws and the
comprehensive plan that the ordinance addresses.
Specific goals will vary by jurisdiction but might include a goal
related to ensuring STEP tenants and clients have access to
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C) Encourage the development of emergency housing, emergency shelters, permanent supportive housing
and transitional housing consistent with best practices for these development types to help address local
housing needs.
D) Direct STEP development to areas with existing amenities, like jobs, services and transit, to ensure
occupants have access to opportunities.
E) Protect the health, safety and welfare of the individuals served by these development types and the
broader community.
ll. Definitions
The following definitions shall be applied. Words in the singular number shall include the plural, and the plural
shall include the singular.
Statutory required definitions:
1) 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. (RCW 36.70A.030(14))
2) 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 include day and warming centers that do not provide
overnight accommodations. (RCW 36.70A.030(15))
3) 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
transportation, jobs and other services, and a goal related to
supporting the broader community with the code.
Definitions: Commerce intends for this model ordinance to
support jurisdictions in following requirements established by
the Growth Management Act and the state's definitions of STEP
To ensure consistency across the state, jurisdictions should use
Washington state's definitions included here under statutory
required definitions; while the other definitions are optional.38
Jurisdictions may define housing and shelter types not defined
by the state, so long as they are not inconsistent with state law.
If there are questions, consult with your jurisdiction's attorney or
with Commerce staff. For example, one county and city in
Washington state made conscious efforts to align their
language and processes to help reduce development barriers
like unclear or inconsistent regulation language. Other
jurisdictions worked with local housing providers to develop
language for additional terms and definitions for temporary
shelter and accommodations that the providers intended to
develop.
Jurisdictions should also avoid vagueness in their definitions
and throughout their ordinance.
38 Cities and counties are not required to use the exact same terms as the state statutes. However, using different definitions than those in the state statutes may result in
inconsistencies and noncompliance with the law. Therefore, Commerce recommends following the definitions included in the state statutes as this poses the least risk.
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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. (RCW 36.70A.030(31�)
4) Religious organization means the federally protected practice of a recognized religious assembly, school
or institution that owns or controls real property. (RCW 36.01.290(6)(c))
5) Tiny houses, including tiny houses on wheels, are defined as dwellings to be used as permanent housing
with permanent provisions for living, sleeping, eating, cooking and sanitation built in accordance with the
state building code. (RCW 35.21.686)
6) Transitional housing means a project that provides housing and supportive services to homeless persons
or families and that has as its purpose facilitating the movement of homeless persons and families into
independent living, generally in less than two years. (RCW 84.36.043(3)(c), updated by Commerce)
Statutory optional definitions:
7) 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:
For rental housing, 60 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
For owner -occupied housing, 80 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. (RCW 36.70A.030(5))
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Religious organization: The definition provided in the model
ordinance applies to counties and "hosting the homeless." It is
likely that a local government may need to use a broader
definition than just one that owns or controls property in other
contexts. This definition is just for the purpose of RCW
36.01.290 and RCW 36.70A.545. It is not required to be used
more broadly.
Temporary: The definition included in the model ordinance
applies to the person and how long they reside there, not the
structure or length of time for the land use.
Affordable housing development, with respect to RCW
36.130.020, means a housing development in which at least
twenty-five percent of the dwelling units within the development
are set aside for or are occupied by low-income households at a
sales price or rent amount that is considered affordable by a
federal, state or local government housing program. (RCW
36.130.010) Indoor emergency housing or transitional housing
that is administered through a lease or occupancy agreement
and permanent supportive housing are determined to be
affordable housing under RCW 36.130.020. (Draft WAC Changes
- 365-196-Part 4 - March 2024)
Tiny shelters: Because communities are seeing non-standard
types of STEP being purposed, some may consider adding a
definition for tiny shelters. Tiny shelters are temporary shelters
that do not have the amenities of a single dwelling unit and rely
on shared facilities for dining, laundry and bathrooms. The
structure may or may not be on a foundation.
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III. Substantive Provisions
Locations for STEP:
Indoor emergency shelters and indoor emergency
housing are permitted in any zone in which hotels are
allowed [relevant code section numbers]. [OR] Indoor
emergency shelters and indoor emergency housing are
permitted in [XX, XX, and XX zones], representing more
than 50% of zones within one -mile proximity to transit
[relevant code section numbers].
Permanent supportive housing and transitional housing
are permitted in any zones where residential dwelling
units or hotels are allowed [relevant code section
numbers].
Zoning Matrix:
Jurisdictions can use the zoning matrix to update their
land use tables.
Emergency Shelter P*
Transitional housing P
Emergency housing P*
Permanent P
supportive housing
P = Permitted
*Unless an ordinance has been adopted authorizing indoor
emergency shelters and indoor emergency housing in over
50 percent of zones within one mile of transit.
Same treatment: Transitional housing and emergency housing with a lease and permanent supportive housing should
be treated the same as other housing types in local regulations. RCW 36.130.020 states a city, county or other local
governmental entity or agency may not adopt, impose or enforce requirements on an affordable housing development
that are different from the requirements imposed on housing developments generally. Therefore, the substantive
provisions section may be most applicable to emergency shelter and emergency housing regulations.
Preferential treatment: However, this law does not prohibit local governments from extending preferential treatment to
affordable housing developments, including, but not limited to a reduction or waiver of fees, changes in applicable
requirements, or other treatment that reduces or is likely to reduce the development or operating costs of a
development. If a local government provides preferential treatment to affordable housing developments of any kind,
they must also provide the same benefits and conditions to permanent supportive housing and transitional housing
and emergency housing with leases.
If a jurisdiction provides a benefit for these development types, it may include requirements proportional to that
benefit. For example, if a project receives a Multi -Family Tax Exemption, it will need to meet the requirements of that
program.39 If a project receives a parking waiver, a jurisdiction may request the project submit a parking management
plan. These requirements must apply to all projects that receive the benefit (not just a subset).
By right zoning and conditional use processes: To support STEP projects, jurisdictions can clearly outline the
permitting process in their ordinances, including what approvals are required, who makes the decision and what the
decision criteria and expected timeline are. Conditional use processes and public hearings for STEP permit
applications can create uncertainty for applicants and add extra time and costs to projects. Therefore, if an application
meets all the requirements, it is recommended it be subject to administrative review without a public hearing to avoid
misleading community members.
An emerging best practice is to designate STEP as a permitted use outright in the zones highlighted in the zoning
matrix on the left. To support classifying STEP as a permitted use outright with an administrative review, a jurisdiction
can adopt clear criteria for review to aid judgment in making decisions.
Recognizing that communities may still utilize conditional use processes to address community concerns in some
zones, the Department of Commerce recommends jurisdictions limit STEP permit applications to administrative review
whenever possible.
Additionally, jurisdictions' ordinances and regulations should be consistent with and implement local comprehensive
plans, which must document sufficient land use capacity for STEP. (RCW 36.70A.070(2)(c))
Occupancy, spacing and intensity of use requirements: Communities may only impose reasonable occupancy, spacing
and intensity of use limits on STEP to protect public health and safety, and any such limits must allow the siting of a
sufficient number of permanent supportive housing units and emergency housing beds necessary to accommodate
se For more information, see the Department of Commerce's Multi -Family Housing Property Tax Exemption Program webpage.
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Additional Regulations:
Indoor emergency shelters, transitional housing, indoor
emergency housing and permanent supportive housing
must meet the same development and operating
regulations as permitted residential dwellings, including
adhering to building and fire codes and American
Disability Act requirements [relevant code section
numbers], to ensure consistency in health and safety
for all residents.
Minimum parking requirements are waived for all
indoor emergency shelters, transitional housing, indoor
emergency housing and permanent supportive housing
[relevant code section numbers].
Exemptions:
Exemptions to development regulations [relevant code
section numbers], including but not limited to setback
requirements, density limits, restrictions on support
spaces inside buildings (e.g., office space for tenants)
and public noticing requirements, for indoor emergency
shelters, transitional housing, emergency housing and
permanent supportive housing may be permitted with
administrative approval by [approving administrative
entity, e.g., the planning director or city engineer] to
address [community name]'s housing needs allocation
through shelter and housing forms that do not meet
building codes or other requirements. These types may
include, but are not limited to, pallet shelters and tiny
shelters. Regardless of the form, the housing or shelter
must be indoors and allow access to bathrooms and
showers.
Special Provision for Religious Organizations:
Any affordable housing development [relevant code
section numbers], including permanent supportive
housing and transitional housing with a lease, of any
single-family or multifamily residence located on real
property owned or controlled by a religious
organization is allowed an increased density bonus
consistent with local housing needs allocation with
administrative approval by [approving administrative
entity, e.g., the planning director or city engineer].
projected needs. These requirements to protect public health and safety must be justified, for example, by including a
reference to the local building and fire codes in the ordinance's findings section, to be consistent with state law and
reduce litigation risk.
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Reasonable for the purposes of RCW 35A.21.430 and RCW 35.21.683 and this report, includes only those requirements
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imposed to protect public health and safety. Requirements that prevent the siting of a sufficient number of permanent
supportive housing, transitional housing, indoor emergency housing or indoor emergency shelters are not reasonable.
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In addition, reasonable requirements must comply with any applicable civil rights protections provided by the
Washington Law Against Discrimination, the Fair Housing Act, and the American with Disabilities Act. Reasonable 3
requirements can vary with geographic size and population of the jurisdiction and the current siting of these housing 0-
types. Any occupancy, spacing, and intensity of use requirements should be justified by reference to building code, fire =
code or other citations within an ordinance
Occupancy: Commerce recommends occupancy for emergency shelters and emergency housing be established
as required by the jurisdiction's adopted building, fire and safety codes for other similar uses. For example, if a
jurisdiction does not have police and fire limitations for hotels, then it is not appropriate to require it of STEP types
where residents stay for short periods. Also, RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227 state cities and
counties may not regulate or limit the number of unrelated persons that may occupy a dwelling unit except as
provided for in state law.
Spacing: Any spacing requirements must be directly tied to public health and safety and documented in the
ordinance's findings. Any spacing requirements should not exceed the spacing requirements in RCW 9.94A.030
and RCW 9.94A.7031 which create community protection zones of 880 feet to prevent sex offenders from living
near schools.
Intensity: With respect to STEP, intensity refers to the total number or density of people, transportation and/or
services in a single location or facility. Commerce does not recommend any blanket intensity regulations for these
use types. Standards adopted to encourage a scattered approach to the siting of these services to ensure they are
not located in only one area of the jurisdiction should consider the accessibility of services for residents, be
accompanied by documentation of sufficient land capacity and be consistent with state and local policies.
Parking requirements: These requirements should be less extensive for STEP than typical housing, as most residents
do not have vehicles. Parking should be considered for employees based on context (e.g., the development's proximity
to transit). STEP near a transit stop would require very few off-street parking spaces. If parking is required in the
municipal code, Commerce recommends that the jurisdiction accept parking studies from the applicant documenting
the number of parking spaces that are needed by the land use. Jurisdictions should look at comparable STEP
developments in similar contexts to determine projected parking needs.
Required documentation and plans: These types of regulations are only acceptable for emergency shelter, emergency
housing and transitional housing without leases under state law (RCW 36.130.020). Unless documentation and plans
are required for other similar facilities and housing types (e.g., adult family homes, nursing homes, or multfiamily
housing generally), Commerce discourages jurisdictions from adding these additional requirements for STEP and
encourages them to defer to the project's funder and insurance requirements rather than asking for them in local code
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Outdoor encampments, safe parking efforts, indoor
overnight shelter and temporary small houses [relevant
code section numbers] are permitted on property
owned or controlled by a religious organization and
must adhere to state regulations in RCW 35.21.915 and
RCW 36.01.290.
If jurisdictions require specific documentation, like operations, safety, training plans or something else, Commerce
recommends that they provide a sample document to further support those applying to develop STEP. It should be
clear to the applicant what is needed and who will review these documents. The reviewer should be someone with w
sufficient capacity and qualifications to understand the needs and challenges of STEP, and they should use objective
approval criteria. U)
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Jurisdictions should also limit what they require in these plans to help streamline the permitting of STEP projects. For 0
example, an operations agreement may provide the following:
3
• One phone number for emergencies o
• Operating funding information to inform local governments of existing requirements and support a project may =
have
• Services plan (i.e., a description of on -site services, identification of service providers, and staff -to -client ratios) 4)_
Requirements to receive services: Because STEP funders already have project requirements for requirements to
receive services, Commerce recommends jurisdictions do not add additional requirements STEP participants need to 4)
comply with to receive services or to access a project (e.g., IDs, documentation, income verification, etc.). D
Exemptions/exclusions: Jurisdictions can review their existing regulations and any other STEP requirements to
consider types of projects that might be suitable for an exemption. For example, some jurisdictions require public
noticing requirements, but waive those for projects with confidential locations to prevent adverse effects on clients
served by domestic violence shelters and housing.
Special provision for religious organizations: Jurisdictions must allow an increased density bonus consistent with
local housing needs for any affordable housing development on property owned or controlled by a religious
organization. State law also limits jurisdictions' ability to regulate outdoor encampments, safe parking efforts, indoor
overnight shelters and temporary tiny shelters on property owned or controlled by a religious organization. To be
consistent with state law and allow more STEP to meet local housing needs, jurisdictions can ensure provisions are
included for religious organizations and permitting processes are outlined in local ordinances.
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IV. Concluding Sections
i. Effective Date
[Insert code section number]. Effective date. This ordinance shall take effect [insert month, date, year].
ii. Repeals
[Insert code section number]. Repealer. The following are hereby repealed:
[Insert a list of any ordinances being corrected/repealed]
ill. Savings Clause
[Insert code section number]. Savings Clause. [insert ordinance number being repealed], which is repealed by this
ordinance, shall remain in force and effect until the effective date of this ordinance.
iv. Severability
If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance.
STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024
Concluding sections: These generic sections of the
model ordinance can be used if applicable. Otherwise,
they can be left out of a local ordinance.
For general guidance on developing this section of local
ordinances, jurisdictions can read MRSC's Local
Ordinances for Washington Cities and Counties (2015).
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Chapter 7: Accommodating Enough STEP
To accommodate enough STEP units to address local housing needs, jurisdictions must demonstrate they have sufficient land capacity and reduce W
development barriers to STEP. It is also recommended jurisdictions resist addressing all community concerns and potential project impacts with
their ordinances and regulations, and defer to funder requirements and clear communication processes with housing and service providers.
0
Demonstrating Sufficient Land Capacity
3
One of the first steps for jurisdictions to accommodate enough STEP after permitting the uses is to review if they have sufficient land zoned for
these development types, as required by state law. Local comprehensive plans must identify "sufficient land for housing, including, but not limited
to, manufactured housing, multifamily housing, group homes, foster care facilities, emergency housing, emergency shelters, [and] permanent
supportive housing," RCW 36.70A.070(2)(c). ,n
Therefore, all fully planning jurisdictions must do a land capacity analysis to show land capacity for permanent supportive housing and emergency
housing/shelters, not just those jurisdictions that have occupancy, spacing and intensity of use requirements.40 The land capacity for emergency
housing can overlap with the land capacity information for other housing types .41 This assessment is also an opportunity for communities to
examine the gap between their housing needs and existing inventory and consider if land suitable for STEP is in areas with sufficient infrastructure
and amenities, such as transit and other services.
To determine whether jurisdictions have the land capacity for STEP, local governments can refer to Guidance for Updating your Housing Element
Book 2 for specific steps, starting on page 41 for emergency housing and emergency shelters, grouped together in emergency housing steps, and
starting on approximately page 31 for permanent supportive housing. Approaches to determine land capacity for siting STEP can vary, but, in
general, include reviewing existing housing supply; reviewing vacant and redevelopable land in areas with access to infrastructure, transportation,
jobs and other services; and identifying if based on both intensity of STEP likely to be developed and restrictions, such as spacing or occupancy
requirements, there is sufficient capacity for STEP. Examples of land capacity analyses are also available on Commerce's EZView website.
40 This updated standard for when a land capacity analysis is required for emergency housing will be updated in Guidance for Updating your Housing Element (Housing Element
Book 2) by August 2024.
41 For example, if a jurisdiction has 2.5 acres of vacant land in the zones that allow emergency housing and emergency shelter, they can use that area in the land capacity analysis
for permanent housing needs and the land capacity analysis for emergency housing.
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Jurisdictions can also engage their local Continuum of Care (CoC)42 to understand specific STEP demands, constraints and opportunities within
their communities. These groups can share where they think STEP is more likely to be developed and at what densities.43
Jurisdictions must document their findings of sufficient land capacity for emergency housing, which includes emergency shelters, and permanent a
supportive housing in their housing element, supported by more detailed analysis in supporting appendices. If jurisdictions have any occupancy,
spacing or intensity of use requirements, they must demonstrate with a quantitative and spatial analysis that there is sufficient capacity for their o
housing needs allocation. c
Reducing Development Barriers -�
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Many barriers exist for developing STEP and affordable housing in general, including but not limited to: _
• Rising costs of land, labor, materials and insurance
• High permit fees, impact fees and utility connection fees
• Burdensome or unclear zoning and development regulations
• Slow local permitting and approval processes
• Lack of clear and accessible information on processes
• Limited capacity at local jurisdictions to process applications quickly
• Limited developer and workforce capacity
• NIMBY (Not -In -My -Backyard) attitudes
• Neighborhood covenants and restrictions
• Limited subsidized funding sources
• Requirements to fund new infrastructure
While local jurisdictions do not set property prices, the number of construction hours needed to complete a development or the cost of building
materials and insurance, they do control several aspects to development. Jurisdictions set permit costs, control internal approval processes that
can add to development timelines, grant fee waivers, control publicly owned land and can provide public funding for affordable housing and STEP."
42 A CoC is a regional or local planning body that coordinates housing and services for people experiencing homelessness. It consists of representatives from service providers,
local governments and other organizations, and it is responsible for planning and allocating resources to address homelessness. (National Alliance to End Homelessness. What is a
Continuum of Care?. 2010. https://endhomelessness.ora/resource/what-is-a-continuum-of-care/)
43 Visit HUD's Grantee Contact Information or the Department of Commerce's Continuum of Care webpage to find the right CoC contact. Commerce is the Collaborative Applicant for
the Washington Balance of State Continuum of Care, consisting of 34 small and medium-sized counties.
44 The Homelessness & Housing Toolkit for Cities, produced by the Association of Washington Cities and Municipal Research and Services Center (2022), provides resources and
case studies on various strategies to help communities address homelessness and affordable housing issues.
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One of the most important powers of local governing bodies that can be used to lower barriers for STEP production is their ability to control loca
zoning and development rules.
To encourage more STEP development, jurisdictions can consider including regulatory or permitting incentives for STEP, such as reduced or waived a
parking minimums, impact fees, linkage fees45 and system development charges (i.e., tap fees). They can provide density bonuses, streamline and
expedite permitting processes and help fund STEP (e.g., passing an affordable housing sales tax or property tax levy). They can also pay for site o
improvements and utility connections and donate land for STEP projects." c
Even more important than positive incentives is avoiding local requirements that hinder rather than promote STEP development. Table 4 provides
examples of local regulations and requirements that can create barriers for STEP development and recommendations for what to do instead. °
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Table 4 - Local Regulatory Barriers and Alternatives
Unclear rules and requirements that are
inconsistent with state and federal laws
Regulations different from those for general
housing development
Spacing requirements (e.g., minimum
distances from parks, schools or other
facilities)
Make it very clear where STEP uses are allowed and what process needs to be followed for permitting.
Review the state's minimum requirements for STEP regulations to ensure they are incorporated into local
ordinances. Jurisdictions are encouraged to use STEP definitions that are consistent with the state's
definitions to make regulations more straightforward for STEP developers operating across the state. If
specific requirements are adopted for STEP, avoid vagueness that may lead to arbitrary action or is too
difficult for the average citizen to understand.
Treat transitional housing and emergency housing with leases and permanent supportive housing the same
as other affordable housing types, as required by law (RCW 36.130.020). Also, ensure any additional
regulations for emergency shelter and emergency housing are limited to restrictions or requirements that
are consistent with state and federal laws and have a legitimate purpose of protecting public health and
safety.
Do not include spacing requirements or minimum distances from public uses; instead, encourage STEP
development in areas with access to these types of amenities, especially public transit when it is available
Encouraging STEP development in locations near schools, healthcare services, transportation, job
prospects and other amenities helps promote economic mobility and access to services. If jurisdictions
45 Impact fees and linkage fees are costs developers are required to pay to support shared infrastructure and services. Jurisdictions can reduce development costs for STEP and
other affordable development projects by reducing or waiving these fees. RCW 82.02.060(3) authorizes cities, counties and towns to grant impact fee exemptions for affordable
housing. RCW 35.92.380 authorizes a city or town to waive or delay collection of tap -in charges, connection fees or hookup fees for low-income persons connecting to water,
sanitary or storm sewer service, electricity, gas and other means of power and heat, and RCW 36.70A.540 authorizes affordable housing incentive programs, including fee waivers or
exemptions.
46 Jurisdictions offering these benefits should always consider tax loss information and possible repercussions on city taxes for the year.
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-
Limiting maximum densities or minimum
have any restrictions on occupancy, spacing or intensity of use, they must demonstrate with a quantitative
and spatial analysis that there is sufficient capacity for their housing needs allocation and include
reasoning for how these requirements protect public health and safety in the findings of their ordinance.
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Do not place restrictions on STEP that are not placed on other housing or shelter types, unless it is
o
square footage
specifically tied to public health and safety. For STEP projects owned and/or operated by religious
o
organizations, allow density bonuses that are consistent with local housing needs allocations and waive
floor area ratio requirements for STEP projects with administrative approval from the local planning
director, city engineer or another local decisionmaker with sufficient capacity and expertise.
Waive or significantly reduce parking minimums for STEP projects because they serve individuals who often
a)
High off-street parking requirements and
g p g q
ground -floor retail requirements
lack a vehicle. Waive ground -floor retail requirements for STEP projects in mixed -use zones to help make
2
projects easier to develop and allow them to serve more people.
Limits on occupancy
Do not limit the number of unrelated persons that may occupy a household or dwelling unit except for
lawful limits on occupant load per square foot or building code limits. Jurisdictions looking for assistance
should consult their building official/applicable building codes. If jurisdictions choose to have overall
occupancy requirements, they must demonstrate with a quantitative and spatial analysis that there is
sufficient capacity for their housing needs allocation and include reasoning for how these requirements
protect public health and safety in the findings of their ordinance.
Restrictions on support spaces, such as Waive restrictions on support spaces, which may be considered a non-residential use, within permanent
office space, within a permanent supportive supportive housing properties in residential zones to provide its tenants with greater access to services and
housing building in a residential zone amenities that can help them become self-sufficient and stably housed long term.
Facility operating and reporting requirements
Requirements for coordination with local
police and fire departments
Arbitrary limits on operation times or
occupants (e.g., total occupants allowed or
requirements for client background checks or
sobriety) and/or requirements for additional
Defer to projects' funding requirements and do not set requirements for STEP operations and reporting.
Often, jurisdictions do not have the expertise on staff to thoughtfully review and evaluate whether plans for
operating these types of housing and shelter are appropriate. Instead, it is recommended to defer to the
projects' funders' requirements, which often include standards for client -staff ratios, staff training and
certifications, services provided, progress reporting and more.
Do not require new coordination plans with local police and fire departments; instead, defer to the preferred
coordination plans of local police and fire departments. If such plans do not exist or STEP operators already
have existing preferred operations regarding coordination with local police and fire departments, defer to
these rather than requiring new plans developed specifically for each project to prevent adding a potentially
duplicative, burdensome requirement for STEP.
It is best to defer to projects' funding requirements instead of requiring operations plans or additional
specific plans of the STEP project. Do not set arbitrary limits on STEP projects' operation times or
occupants or include requirements for additional plans or agreements. Often, jurisdictions do not have the
expertise on staff to thoughtfully determine operations requirements or plan details for these types of
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plans or agreements (e.g., operations plans or
good neighbor agreements)
Conditional use permits, design review
requirements47 and discretionary review
processes48
housing and shelter, so it is best to defer to the projects' funders' requirements, which often include client 0.
eligibility requirements and standards for these projects' operations and services. W
Allow STEP outright as a permitted use ("by -right" zoning) in designated zones, do not include requirements
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and permitting steps different from those for other affordable housing types, and expedite permitting =
processes for STEP projects when possible.49 To support classifying STEP as a permitted use outright with c
an administrative review, a jurisdiction can adopt clear criteria for review to aid judgment in making
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Addressing Potential Community Concerns
As jurisdictions develop and implement their ordinances, community concerns related to perceived challenges of STEP may arise. To encourage
STEP development, jurisdictions can use strategies outside of their local zoning and development regulations to address many of these concerns.
Informational community meetings can be one way to identify community concerns in advance, connect housing providers and residents and raise
public awareness about the benefits of STEP.
Some community concerns are already addressed or can be without creating additional local regulatory or permitting requirements for STEP. For
example:
• A lack of outside oversight for STEP (e.g., requirements for financing, staff behaviors, client or resident codes of conduct, training and
services): In Washington, most STEP projects do not have any state licensing or operating requirements, which has led to community concerns
about the quality of their services, the behavior of their clients and a lack of oversight. However, STEP projects require some form of public
subsidy or funding from sources that comes with specific eligibility requirements (e.g., requirements for client -staff ratios, staff training or
47 RCW 36.70A and RCW 36.70B were updated in 2023 to streamline local design review processes, requiring "clear and objective" standards that do not reduce development
capacity otherwise allowed. Any design review process must be conducted concurrently, or otherwise logically integrated, with the consolidated review and decision process for
project permits set forth in RCW 36.7013.120(3). No design review process may include more than one public meeting. A county or city must comply with these requirements
beginning six months after its next periodic update required under RCW 36.70A.130. Local governments are encouraged to expedite permits that include affordable housing, as
defined in HB 1293 (2023), which provides additional flexibility in defining affordability. The provisions do not apply to regulations specific to designated landmarks or historic
districts established under a local preservation ordinance.
48 For a list of uses that require a public hearing, see Appendix C, page 31, of Local Ordinances For Washington Cities and Counties.
49 The City of Port Townsend and Jefferson County worked closely together to expedite the permitting for a specific project that incorporates safe parking, a tiny house village and
permanent supportive housing on the same piece of county -owned property. Seattle also has implemented an expedited permitting process to encourage STEP production, including
exempting permanent supportive housing projects from design review. For more information on how jurisdictions in Washington are helping reduce development barriers for STEP,
see the Department of Commerce's STEP Case Studies.
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certifications, documentation and reporting). The funders who make STEP projects possible often have their own service, client and staff
standards, so additional local requirements can be duplicative and become burdensome for STEP projects. In most cases, it is not possible to
build STEP projects without some form of public funding (e.g., a combination of state and LIHTC funding), and all public sources of funding
have regulatory requirements developers must meet.50
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Making support services optional: Some community members may be concerned about making support services optional for STEP clients.
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However, support services should not be mandatory so that STEP projects do not unintentionally discriminate against clients for religious
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reasons or because they are hesitant to receive outside assistance. When these services are optional, tenants can drive the type, duration and
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initiation of services. Studies also show voluntary services are more effective at engaging people to participate in services than mandatory
o
services.51 Additionally, while services are optional for the participant in permanent supportive housing, they are a core component of it and thus
not optional for the operator.
• Unfair evictions: Washington residents are concerned about unfair evictions for renters in leased STEP projects. However, any rental requiring
leases must adhere to laws established by Washington State's Residential -Landlord Tenant Act, so tenants are already protected under law."
• Lack of behavioral health support: The shortage of healthcare professionals, such as clinicians, long-term care support and social workers, is
not only affecting the homeless population in Washington but also everyone else. Instead of imposing difficult staffing or service requirements
for STEP, defer to the requirements of the entity funding the project for specific requirements for providers and staffing because they
understand the needs of residents, best practices and support and staff availability.
• Unaddressed health and safety concerns of shelter and housing (e.g., unmaintained buildings and littered properties): All residential
development projects, including STEP, should prioritize the safety and maintenance of their properties for the benefit of their clients, tenants
and staff. To ensure that all Washington residents are equally protected, local code enforcement should enforce the same occupancy
requirements (e.g., max persons per room) and minimum health and safety standards for all residential projects.
• NIMBYism (i.e., Not -In -My -Backyard mentality): In Washington communities, some residents may be opposed to the development of
affordable housing in their neighborhood, which can be a major obstacle for STEP in jurisdictions where public input has the power to influence
or prevent a project from being built. To overcome this, local governments can reduce discretionary review processes53 for STEP permitting and
allow STEP to be permitted administratively, and they can help educate the public about the importance of affordable housing and STEP. The
50 See "Requirements Associated with State and Federal Funding" in Chapter 3 of the STEP State of the Practice Report for more details on these requirements and links to specific
program requirements.
51 For studies on the Housing First model that show voluntary services work, see Data Visualization: The Evidence on Housing First from the National Alliance to End Homelessness.
52 For more information, see the Benton -Franklin Rental Owners Association's Summary of the Residential Landlord -Tenant Act of 1973.
53 These processes leave permit approval up to a local decision -maker's discretion and may require a public hearing.
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Department of Commerce's Housing Division developed the Permanent Supportive Housing Communications Toolkit, which includes the
following helpful materials:
• Permanent Supportive Housing 101 Factsheet a
• Benefits of Permanent Supportive Housing Factsheet W
• Building a Community of Support guidance CO
• Common Community Concerns FAQ: Understand and Respond =
• Considerations for Rural and Urban Communities
• Amplifying the Voices of People in Need of Permanent Supportive Housing Factsheet -�
• Lessons Learned Factsheet
• The Importance of Messaging Factsheet =-
• Understanding how Permanent Supportive Housing (PSH) Operates Factsheet
Local authorities can help residents become open to unfamiliar housing types and encourage STEP developers and operators to become
actively involved in the community by inviting them to attend local meetings and events. Regularly convening residents and STEP partners to
discuss community needs and concerns can be an effective strategy to help address NIMBYism. It is important to control how large these
meetings between residents and STEP partners are (e.g., max 15 people), who is invited (e.g., neighborhood leadership, local service providers
and advisory groups) and what the format is (e.g., local planning staff serve as conveners and facilitate the meeting, serving as a mediator, if
necessary, between residents and STEP partners).
Lack of control over neighborhood character: In Washington, some residents may feel that they have no control over the development that
takes place in their neighborhood. To address this concern, local jurisdictions can involve community members and STEP partners in
discussions about local policies and regulations that guide future development. Jurisdictions should already include robust public engagement
opportunities as part of their comprehensive planning processes to ensure that residents have a say in the future of their community. Local
ordinances should align with jurisdictions' comprehensive plans and development of local ordinances usually includes an opportunity for
community input, so these opportunities are a way residents can influence neighborhood regulations and character as well. It is important to
note that local ordinances that mandate public outreach and engagement for affordable housing projects but not for other residential projects
may violate fair housing laws and other state and federal regulations.
The Department of Commerce encourages jurisdictions to plan for and raise awareness about the benefits of STEP in their housing planning
processes. By taking this proactive approach, jurisdictions can reduce the need for engagement related to specific projects and streamline
permitting processes for STEP. Assuming that a STEP project is to be administratively approved, local planning staff can also host a community
meeting to help inform residents about a specific project in their neighborhood. A community meeting differs from an open record
hearing/public hearing because community members cannot influence whether the STEP project moves forward, and the meeting is only for
informational purposes.
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When STEP providers do not comply with funders' requirements: In situations where STEP service providers/property owners do not comp y
with funder requirements or standards, a local government should first notify the property owner of the concerns to determine whether the
issues could be rectified. If the owner's response is not sufficient, the local government may consult with the relevant state agency/funder to
understand whether state oversight or resources could be used to address the concerns. Lastly, if providers/property owners remain out of
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Sex offenders near children: Some local regulations in Washington currently impose potentially discriminatory distancing requirements for
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STEP related to parks, schools and daycare centers. Community protection zones for STEP projects are not needed because Washington state
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law already establishes an 880-foot community protection zone around public and private schools to regulate the residency of level two and
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three sex offenders (RCW9.94A.030(6)). Furthermore, policies that prevent STEP from being built near parks, schools or other public uses can
unintentionally affect other populations experiencing homelessness such as children that need access to these services.
Crime and substance abuse: STEP that is well managed can be a neighborhood asset that creates the conditions necessary for everyone to
thrive and have access to support services. Many STEP developments also provide resources to the community regarding any concerns that
may require immediate intervention. These developments employ staff with expertise in supporting people in transition from homelessness,
including crisis intervention and security. Staff work with STEP clients and residents to comply with shelter and housing rules and are trained to
de-escalate difficult situations before they become emergencies through onsite or mobile support. Staff serve as a point of contact for
community members to discuss and address concerns as they emerge.54 Several studies on permanent supportive housing found no evidence
that the development of these facilities leads to increased rates of crime."
While sobriety is an important goal for many individuals, many studies56 have found that imposing strict sobriety requirements as a condition of
housing can be counterproductive and exacerbate homelessness. By providing stable housing and other services, STEP projects can help
individuals take the steps to improve their health and well-being, address the root causes of their substance use, and connect with counseling
and other supportive services. Additionally, fair housing laws and the Americans with Disabilities Act protect people with criminal histories
related to past substance abuse.57
54 National Academies of Sciences, Engineering, and Medicine. Permanent Supportive Housing: Evaluating the Evidence for Improving Health Outcomes Among People Experiencing
Chronic Homelessness. Washington, DC: The National Academies Press. 2018. https://nap.nationalacademies.org/catalog/25133/permanent-supportive-housing-evaluating-the-
evidence-for-improving-health-outcomes
55 San Mateo County Health System, Behavioral Health and Recovery Services. The Impact of Supportive Housing on Neighborhood Crime and Property Values.
www.smchealth.ora/sites/main/files/file-attachments/imoact of su000rtive housina on neiahborhood crime and orooery v2.Ddf?1468431099
56 The U.S. Department of Housing and Urban Development. Housing First: A Review of the Evidence. 2023. www.huduser.00v/portal/periodicals/em/spring-summer-
23/highlight2.html
57 For more information, see The Americans With Disabilities Act. Addiction, and Recovery for State and Local Governments.
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Chapter 8: Adoption and Implementation
To encourage the development of STEP in the state of Washington, the adoption of Commerce's model ordinance and other recommendations in
this guide is highly encouraged. While the use of the model ordinance is voluntary, state laws require cities and counties planning under the Growth w
Management Act to ensure their local regulations adhere to the minimum state requirements.
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General tips for adoption and implementation of STEP regulations include: c
• Plan for adoption at the beginning: Preparing for adoption should begin with establishing how this work will fit into your jurisdiction's upcoming
annual work plan or periodic update work plan. Establish a critical path and work backward from desired legislative action dates with the city
council, board of county commissioners or other approving entity. Allow for some cushion in case more time is needed to respond to public and
decision -maker comments, as well as provide time to consider land capacity if spacing, occupancy or intensity of use restrictions are
considered.
Engage decision makers along the way: Addressing critical housing needs and defining regulations for STEP can raise concerns from a range
of stakeholders, including elected and appointed officials. Engaging with decision -makers early and continuously will create a smoother path for
the adoption process.
Work with attorneys: Jurisdictions should work with an attorney or the Department of Commerce to ensure their local ordinances are consistent
with state and federal law before adoption. After adoption, jurisdictions may still need to work with attorneys to deal with compliance issues in
administering the ordinance. For example, an issue may arise requiring legal support to articulate a policy or procedure within the ordinance.
Jurisdictions can ensure their permit requirements for STEP are as objective as possible to ensure their decisions are legally defensible.
Raise awareness about the benefits of STEP: To further support jurisdictions in the adoption and implementation of their ordinances related to
STEP, the Department of Commerce is developing the STEP Communications Toolkit, including a sample staff report and other materials to help
local planning staff, appointed and elected officials and others communicate the benefits, challenges and best practices associated with
planning for STEP. These tools will be coordinated and consistent with the Department of Commerce Housing Division's Permanent Supportive
Housing Communications Toolkit. Commerce's STEP Communications Toolkit is available on the Updating GMA Housing Elements webpage.
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Appendix
Methodology
From February 2024 through July 2024, Commerce is working with Abt Global and the Corporation for Supportive Housing (the project team) to
create a STEP Model Ordinance, User Guide and Best Practices Report and Communications Toolkit. The following includes the project team's
methodology for drafting the STEP Model Ordinance, User Guide and Best Practices Report.
Establish an Advisory Committee
To inform the model ordinance and its supplemental materials, the project team established an advisory committee including representatives from
individual jurisdictions who have regulated types of STEP in their communities, STEP developers, and stakeholders who were involved in the
development of HB 1220 or overall housing policy development in Washington. The project team convened this committee three times throughout
the process to gather information and guidance.
Members include:
1. Adrian Smith, City of Port Townsend
2. Ali Brast, City of Spokane
3. Blake Lyon, City of Bellingham
4. Bryan Snodgrass, City of Vancouver
5. Bryce Yadon, Futurewise
6. Carl Schroeder, Association of Washington Cities
7. Chris Collier, Alliance for Housing Affordability at Housing Authority of Snohomish County
8. Colin Morgan -Cross, Mercy Housing
9. Curtis Steinhauer, Washington State Association of Counties
10. Dee Caputo, FAICP, Washington State Department of Commerce, Growth Management Services (Retired)
11. Glen DeVries, City of Wenatchee
12. Lauren Fay, Downtown Emergency Services Center (DESC)
13. Mario Williams -Sweet, King County
14. Mary May, GS Consulting
Analyze the Existing State of the Practice
To better understand the current environment and best practices regarding STEP, the project team cataloged relevant state and federal laws,
reviewed other communities' model ordinances and analyzed local jurisdictions' existing regulations from February to April 2024. The project
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team's research included conducting virtual interviews and small groups with representatives from local planning departments and other STE
stakeholders, including:
• City of Federal Way
• City of Kenmore
• City of Kent
• City of Langley
• City of Olympia
• GS Consulting, Affordable Housing Consultant
• King County
• Lewis County
• Snohomish County
• Plymouth Housing
• Washington State Department of Health
AM documented and synthesized the results of these information -gathering activities in a State of the Practice Report identifying best practices and
local needs to guide the design of the model ordinance and its supplemental materials.
Study Local Implementation Successes
In March and April 2024, the project team studied the successful implementation of STEP ordinances and development in four different
jurisdictions in Washington state, including the City of Spokane, the City of Vancouver, the City of Wenatchee and King County. The team selected
localities of varying sizes and locations throughout the state to conduct interviews and gather information for case studies. The lessons learned
from these studies informed the model ordinance and its supplemental materials and are compiled in the STEP Case Studies Report.
Facilitate a 30-day Public Comment Period and Targeted Engagement
The project team facilitated a 30-day public comment period before finalizing the STEP Model Ordinance, User Guide and Best Practices Report. To
gather feedback during this time, Commerce broadly distributed the draft model ordinance to Washington's local governments, behavioral health
providers and other interested parties to give them the opportunity to provide comments. The team also conducted an online webinar on May 14,
2024, and presented at existing meetings with targeted groups. The project team analyzed all the comments collected over the public comment
period and used that feedback to inform the final model ordinance and its supplemental materials.
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Edmonds Housing Targets
Edmonds is committed to guiding growth in a manner that is equitable and sustainable. This will be
done by increasing the quantity of housing stock and diversity of housing choices, including middle
housing and accessory dwelling units (see Appendix A), and identifying and addressing racially
disparate impacts of housing policy. As part of doing its part in addressing critical regional needs,
Snohomish County's HO-5 Report (adopted May 2023) relates the City of Edmonds' housing targets.
Edmonds has a future land supply established in 2021 of 5,148 (see Table 3.1).
Pending 17 49 15 561 0 625
Vacant 44 115 7 422 31 575
Partially Used 21 62 0 0 0 62
Redevelopable 231 -24 63 3508 340 3887
City 313 201 84 4491 371 5148
Table 3.1 Edmonds future land supply
(Source: The Housing Characteristics and Needs in Snohomish County Report 2023)
In this planning cycle to accommodate population growth, the City must increase its unit capacity
by 3,921, for a total of 9,069 housing units. These 9,069 units must be distributed according to the
requirements and affordability levels designated in HB 1220. Edmonds' designation as a "high -cost
community" impacts the required allocation for types of housing units.
0-30% AMI: Non- Permanent
Supportive Housing (PSH)
0-30% AMI: PSH
>30-50% AMI
>50-80% AMI
Moderate <80-120% AMI
Higher Income >120% AMI
1,883
977
2,479
1,475
6,814
2,129
126
0
84
1,952
2,129
42
9,069 4,946 4,123
Table 3.2 Required allocation of housing units as per affordability levels designated House Bill 1220
(Source: The Housing Characteristics and Needs in Snohomish County Report 2023)
Note: According to Commerce guidance, Permanent Supportive Housing and Low -Income Housing (0-80% AMI) are
grouped under the same affordability level and permitted housing categories for "high -cost community" such as City of
Edmonds. See Appendix A for more details.
76 CITY OF EDMONDS COMPREHENSIVE PLAN 12024 Packet Pg. 139
7.A.d
Edmonds must plan for:
• 6,814 units at the Low 0-80% AMI Income level
- Low -Rise or Mid -Rise Multi -family; e.g. walk-up
apartments (2-3 floors), Apartments
• 2,129 units at the Moderate <80-120% AMI
Income level — these may be ADUs.
• 126 units at the High Income level - these may
be Moderate Density (duplex, quad, triplex)
Edmonds current supply comprises of:
• 5,148 units of which 201 units are single family
detached,
84 units are Moderate Density (e.g. duplex,
triplex, quad) and
• 4,862 units are Low-rise or Mid -Rise Multi -family
(walk up apartments)
Low 0-80% AMI and
Low -Rise or Mid -Rise Multi -family.
Permanent Supportive
(Like Walk-up apartment buildings
Housing
(2-3 floors), apartments)
Moderate <80-120%
ADUs or Low-rise/ Mid -rise Multi-
AMI
family
Higher Income >120%
Detached single family homes,
AMI
Middle Housing- Townhomes,
Duplex, Triplex, Quadplex
Table 3.3 Translating housing type to affordability level
(for high cost communities)
(Source: Department of Commerce Guidebook for Applying
HB 1220)
During the 2024 update cycle, the City of Edmonds must provide a net capacity change of the
following:
• A net increase of at least 1,952 units that are in the Low-rise or Mid -rise multi -family apartment
category.
• A net increase of at least 2,129 ADUs, or that are in the Low-rise or Mid -rise multi -family apartment
category.
• A net increase of at least 42 units that are Moderate density.
By 2044, the unit mix for Edmonds is anticipated to be more diverse, providing a greater amount of
housing choices, especially among housing types such as apartments and condominiums, which tend
to be more affordable than others.
Mobile home, Boat,
ADUs, 0%_///— RV, van, etc., 1%
441
Multi Family and
Middle Housing (2-4
units per lot), 36% Single Family,
63%
2020
Mobile home, Boat,
ADUs, 7% RV, van, etc., 1%
Multi Family and Single Family
Middle Housing 43%
(2-4 units per lot),
49%
2044
Figure 3.3 Existing Mix of housing types (Census 2020) and potential mix of housing types as per House Bills
compliance (2044)
EVERYONE'S EDMO Packet Pg. 140
7.A.d
The two categories of land for which a net change in capacity is calculated:
• Single-family residential land use areas
• The multi -family and mixed -use land use areas.
With the implementation of HB 1110 and HB 1337, capacity assumptions for single-family/low-density
residential land use areas must be adjusted. These legislative changes effectively eliminate the
State's allowance for one -family detached zoning. Consequently, Edmonds' single-family/low-density
residential areas can now be assumed to have the potential for (re)development under any of the
following density scenarios:
• Two additional ADUs in attached or detached configurations
• Two units in any configuration
Four units in any configuration if one unit is affordable, i.e., rented or purchase price restricted and limited to
lower income tenants or purchasers
Applying the two House Bills, HB 1110 and HB 1337, capacity of ADUs and Middle Housing Units that
may count towards the housing targets is calculated.
Department of commerce has provided guidance on implementing the house bills. Based on this
guidance, a set of methods and assumptions were created. Refer Appendix A for Method and
Assumptions for calculating the new housing capacity.
To accommodate the projected growth,
i.e. housing and employment targets City
has identified potential growth areas called
Neighborhood Centers and Neighborhood Hubs
to achieve sustainable, resilient, and equitable
distribution of growth. They offer a variety of
capacities to support housing and job growth,
diverse housing types, and citywide infrastructure
investments. Please see Land Use Element of this
plan for more details.
Refer to the Appendix C for a detailed summary of
Growth alternatives. The Land Use element of this
Plan details the areas of centers and hubs along
with the capacities achieved. Table 3.4 gives
the summary of housing units capacity enabled
for the year 2044 based on the City's selected
approach.
Centers
Medical District Expansion
1,150
Westgate
1,180
5 Corners
460
Firdale Village
290
Hubs
North Bowl
110
East Seaview
220
Perrinville
110
West Edmonds Way
30
South Lake Ballinger
70
Maplewood
200
Low Rise/Mid Rise Apartments in Centers
and Hubs
3,710
ADUs
1,972
Middle Housing
42
Existing Capacity
4,226
9,951
Table 3.4 Summary of housing units capacity
Note: The housing capacity estimates are based on market
feasibility analysis conducted in 2024.
78 CITY OF EDMONDS COMPREHENSIVE PLAN 12024
Packet Pg. 141
10.A
Planning Board Agenda Item
Meeting Date: 01/22/2025
Extended Agenda
Staff Lead: Michael Clugston
Department: Planning Division
Prepared By: Michael Clugston
Background/History
N/A
Staff Recommendation
Review the attached extended agenda.
Narrative
N/A
Attachments:
January 22, 2025 extended
Packet Pg. 142
10.A.a
PB Extended Agenda - January 22, 2025
Comprehensive Plan
Centers+ Hubs (final mid 2025)mmmmmmnmmnmmmmm���mmmmmmmmmmmmmm
Capital Improvement Program/Capital Facilties Plan
..- Updates
Housing (HB 1110-6/31V25)
Tree Canopy Policymmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
Parking Code Updatesmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
Amendments to Tree Code to correct legal issue (minor)
Hwy 99 Transitions
Multi-famiily Density Increase
Code Update regarding Parks (minor)
Climate Legislative Package
AdministrativeMiddle
Site specific rezone request
Election of Officers
Planning& Development Annual Work Plan
Annual Retreat (start at
Planning Board report to City Councilmmmmmmmmmmmmmmmmmmmmmmmmmnmmmmmm
Possible Park RenamingmmmmmmmmmmmmmmmmmmmmmmmmmmmmmParks,
mmm
Recreation& Human Services Report
KEY
I- Introduction & Discussion
PH- Public Hearing
D- Discussion
Reecommendation
B- Briefing/Q&A
R- Report with no briefing/presentation
Regular meeting cancelled
Special Meetings/Presentations
Quarterly updates to Council
Packet Pg. 143
12.A
Planning Board Agenda Item
Meeting Date: 01/22/2025
Chair Notes
Staff Lead: Mike Clugston
Department: Planning Division
Prepared By: Michael Clugston
Background/History
N/A
Staff Recommendation
Review the Chair's notes.
Narrative
N/A
Attachments:
Planning Board Notes for January 22, 2025
Packet Pg. 144
12.A.a
Planning Board Notes for 1/22/25
1. Jeremy Mitchell and I attended the City Council meeting on Tuesday, 1/14 to present
the end of year Planning Board (PB) brief to the Mayor and Council. Overall, the brief
was very well received. Everyone expressed their sincere thanks for our dedication
and efforts to provide well researched and timely recommendations for their
consideration during a very challenging year. During the brief we also highlighted
the important support that Director Hope and the entire Planning Dept staff
provided.
2. As part of the brief, we asked the Council if there were any areas of focus for PB for
2025? Responses (in no specific order):
a. Council seeks recommendations on any issues we feel will help the city
move forward. c
z
b. Ensuring our work fulfills Washington State mandates..!L-
c.
Attention to a revision to the CARA due in 2025
d. Overall process improvement. As part of our deliberations, highlight and Ln
state where we find areas for process improvement for the city. (eliminate c
redundancy)
e. As we focus on implementation of the Comp Plan, pay particular attention to
Transition Zones.
f. Incorporating community feedback.
3. For those of us who joined the Planning Board in 2024, it was a fast -paced
introduction to Board process, and the rules that govern how the Board is run. I
found the following website useful: www.mrsc.org. There you can find the
following:
a. Training videos on the Open Public Meetings Act (OPMA) and Public Records
Act (PRA) for Washington State. https://mrsc.org/stay-informed/mrsc-
insight/january-2018/opma-and pra-training-requirements-for-government
b. Roberts Rules of Order concerning our meetings: https://mrsc.org/explore-
topics/public-meetings/procedures/parliamentary-procedure
c. Consider signing up for update a -mails to keep you in the loop on upcoming
training and/or changes.
Lee Hankins
Packet Pg. 145