HomeMy WebLinkAbout2025-02-11 Council PacketAgenda
Edmonds City Council
REGULAR MEETING
COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
FEBRUARY 11, 2025, 6:00 PM
Edmonds City Council Agenda
February 11, 2025
Page 1
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1. CALL TO ORDER/FLAG SALUTE
2. LAND ACKNOWLEDGEMENT
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.
3. ROLL CALL
4. PRESENTATION
1. Mayor's Finance Update (10 min)
5. APPROVAL OF THE AGENDA
6. AUDIENCE COMMENTS
THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE
AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO
THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. IF USING A
COMPUTER OR SMART PHONE, RAISE A VIRTUAL HAND TO BE RECOGNIZED. IF USING A DIAL-
UP PHONE, PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE.
7. RECEIVED FOR FILING
1. Claim for Damages for filing (0 min)
2. Claim for Damages for filing (0 min)
Edmonds City Council Agenda
February 11, 2025
Page 2
8. APPROVAL OF THE CONSENT AGENDA
1. Approval of Council Meeting Minutes February 4, 2025
2. Approval of claim checks.
3. Approval of payroll and benefit checks, direct deposit and wire payments.
9. PUBLIC HEARING
1. Public Hearing on Interim Ordinance for STEP Housing (20 min)
10. COUNCIL BUSINESS
1. Resolution Extending Temporary Emergency Sick Leave Policy (10 min)
2. Prosecuting Attorney Contract Amendment (20 min)
3. Elected Official Training (30 min)
11. COUNCIL COMMENTS
12. MAYOR'S COMMENTS
ADJOURNMENT
City Council Agenda Item
Meeting Date: 02/11/2025
Mayor's Finance Update
Staff Lead: Carolyn LaFave
Department: Mayor's Office
Preparer: Carolyn LaFave
Background/History
On July 2, 2024 the council voted to have a Mayor Update as an ongoing item on all regular meeting
agendas. This was in response to a recommendation from the Mayor's Blue Ribbon Panel.
Staff Recommendation
No action, informational
Narrative
The Mayor, or another member of the administration, will answer questions about City finances that
have been requested by council in advance and will also share actions related to the fiscal emergency
that have transpired since the last update.
When there is nothing new to report, this agenda item will be the opportunity to share that there is
nothing new to report.
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City Council Agenda Item
Meeting Date: 02/11/2025
Claim for Damages for filing
Staff Lead: NA
Department: Administrative Services
Preparer: Marissa Cain
Background/History
N/A
Staff Recommendation
Acknowledge receipt of Claims for Damages for filing.
Narrative
GEICO A/S/O Abraham Kim
212th Street SW
($3,014.46)
Attachments:
Claim for Damages - Geico - for council
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City Council Agenda Item
Meeting Date: 02/11/2025
Claim for Damages for filing
Staff Lead: NA
Department: Administrative Services
Preparer: Marissa Cain
Background/History
N/A
Staff Recommendation
Acknowledge receipt of Claims for Damages for filing.
Narrative
Jehiel Baer
129 5th Ave N
(TBD)
Attachments:
Claim for Damages - Jehiel Baer - for council
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City Council Agenda Item
Meeting Date: 02/11/2025
Approval of Council Meeting Minutes February 4, 2025
Staff Lead: Council
Department: City Clerk's Office
Preparer: Nicholas Falk
Background/History
N/A
Recommendation
Approval of Council Meeting minutes as part of the Consent Agenda.
Narrative
N/A
Attachments:
2025-02-04 Council Draft Minutes
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Edmonds City Council Minutes
February 4, 2025
Page 1
EDMONDS CITY COUNCIL MEETING
ACTION MINUTES
February 4, 2025
ELECTED OFFICIALS PRESENT
Mike Rosen, Mayor
Will Chen, Councilmember
Neil Tibbott, Council President
Michelle Dotsch, Councilmember
Vivian Olson, Councilmember
Susan Paine, Councilmember
Jenna Nand, Councilmember
Chris Eck, Councilmember
STAFF PRESENT
Jeff Taraday, City Attorney
Nicholas Falk, Deputy City Clerk
Shane Hope, Interim Planning & Dev. Dir.
Jessica Neill Hoyson, HR Director
Angie Feser, Parks, Rec., & Human Serv. Dir.
Jenn Leach, Parks, Rec., & Human Serv
1. CALL TO ORDER/FLAG SALUTE
The Edmonds City Council meeting was called to order at 7 pm by Mayor Rosen in the Council
Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag
salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Nand read the City Council Land Acknowledgement Statement.
3. ROLL CALL
Deputy City Clerk Falk called the roll. All elected officials were present.
4. PRESENTATIONS
1. NATIVE PLANT DEMO GARDEN RENAMING PROPOSAL
Angie Feser, Parks, Rec., & Human Serv. Director and Jenn Leach, Parks, Rec., & Human Serv.
presented the park naming proposal to rename the existing Edmonds Wildlife Habitat and Native
Plant Demonstration Garden to the Susie Schaefer Wildlife and Native Plant Community
Garden. They outlined Susie’s many notable community-wide contributions, such as, the
founding of the garden in 2009, removal of invasive plants, installing native plants, transforming
the space into a demonstration garden, acquiring designation of a certified wildlife habitat,
provided classes and workshops, 2017 Sound Salmon Solutions and Edmonds Stewards new
headquarters, and created outdoor classroom for college classes, scouts, and gardening groups.
COUNCILMEMBER OLSEN MOVED THAT WE ADD TO TONIGHT’S
CONSENT AGENDA NEW ITEM 8.7, THE ACTION PART OF THIS
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Edmonds City Council Minutes
February 4, 2025
Page 2
PRESENTATION, TO APPROVE THE RE-NAMING OF THE EXISTING
WILDLIFE HABITAT AND NATIVE PLANT DEMONSTRATION GARDEN TO
THE SUSIE SCHAEFER WILDLIFE AND NATIVE PLANT COMMUNITY
GARDEN. MOTION CARRIED UNANIMOUSLY.
2. MAYOR’S FINANCE UPDATE
Mayor Rosen reported on financial and budget issues impacting the city.
5. APPROVAL OF AGENDA
COUNCILMEMBER OLSEN MOVED APPROVAL OF THE AGENDA.
MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY.
6. AUDIENCE COMMENTS
1. Robert Knoll, Everett, commented on a letter PSE sent to the city regarding aging AMI
meter system replacement.
2. Marlin Phelps, Marysville, commented on issues related to court, police, and US
attorneys.
7. RECEIVED FOR FILING
1. CLAIM FOR DAMAGES FOR FILING
2. WRITTEN PUBLIC COMMENTS
3. OUTSIDE BOARDS AND COMMITTEE REPORTS
8. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER OLSON MOVED APPROVAL OF THE CONSENT
AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are
as follows:
1. APPROVAL OF COUNCIL COMMITTEE MEETING MINUTES JANUARY
21, 2025
2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES JANUARY 22,
2025
3. APPROVAL OF COUNCIL MEETING MINUTES JANUARY 28, 2025
4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS.
5. ORDINANCE AUTHORIZING FULL TIME EQUIVALENTS (FTES)
6. RESOLUTION AMENDING THE COUNCIL RULES OF PROCEDURE
7. APPROVAL OF THE RE-NAMING OF THE EXISTING WILDLIFE
HABITAT AND NATIVE PLANT DEMONSTRATION GARDEN TO THE SUSIE
SCHAEFER WILDLIFE AND NATIVE PLANT COMMUNITY GARDEN
9. PUBLIC HEARING
1. INTERIM ORDINANCE FOR NEIGHBORHOOD CENTERS AND HUBS
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Edmonds City Council Minutes
February 4, 2025
Page 3
Mayor Rosen opened the public hearing. Shane Hope, Interim Planning and Development
Services Director, presented the background information, why we need the code update now,
how the interim ordinance works, what the interim code covers, sub districts, heights allowed,
and bonus floor incentive requirements. Other features of interim code were also discussed
which include objective design standards and the parking requirements as well as some key
aspects to be considered for longer term ordinance. The presentation ended with next steps that
we need to take and was opened to public comments. The following are the received public
comments.
1. Arlene Williams, Edmonds, commented on building heights in the interim code,
previous council comments on the design standards code, and dangerous slopes in
Westgate neighborhood.
2. John Rudlang, Edmonds, commented on their northern Grandview dead-end
neighborhood hub, danger of their narrow street, parking situation for residents and
nearby business customers, and the benefit of trees in their neighborhood.
3. Jon Allen, Edmonds, commented on the north bowl hub, maintaining current property
zoning, security issues of the neighborhood, cooperation of neighbors and businesses that
coexist there, and restriction of current single-family housing to its existing footprint.
4. Thyra Allen, Edmonds, commented on lack of communication about this topic and
impact on her home improvement plans.
5. Mike Henderson, Edmonds, commented on lack of communication to citizens in north
bowl, setback and height concerns.
6. Tammy Myers, Edmonds, commented on lack of communication in north bowl, changes
to safety in community, road maintenance issues, street lacks space to expand to address
current safety of current citizens or accommodate addition of more citizens to the area.
Mayor Rosen closed the public hearing.
10. COUNCIL BUSINESS
1. FINANCE DIRECTOR CONFIRMATION OF APPOINTMENT
Jessica Neill Hoyson, Human Resources Director, discussed the interview and selection process.
COUNCIL PRESIDENT TIBBOT MOVED TO APPROVE THE APPOINTMENT
OF RICHARD GOULD TO THE POSITION OF FINANCE DIRECTOR,
EFFECTIVE FEBRUARY 28, 2025. MOTION CARRIED UNANIMOUSLY.
2. SPECIAL ELECTION PRO/CON COMMITTEES CRITERIA REVIEW
OF CRITERIA AND APPOINTMENT
Deputy City Clerk Falk discussed and conducted the approved process for selection of the Pro
and Con Committees. All applicants to the Pro committee were drawn in random order, the
Council voted in the order drawn. The first 3 applicants to get 4 votes were appointed to the
committee. The same procedure was conducted for the Con committee. The following lists
voting and appointees:
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Edmonds City Council Minutes
February 4, 2025
Page 4
Pro Committee:
Adam Cornell was appointed with a unanimous ‘Yes’ vote.
Brook Roberts was not appointed with a lack of 4 ‘Yes’ votes.
Patrick Hepler was appointed with 6 ‘Yes’ votes from Councilmembers Eck,
Tibbott, Dotsch, Olson, Paine, and Nand.
Maria Montalvo was appointed with a unanimous ‘Yes’ vote.
Con Committee:
Theresa Hutchison was appointed with 5 ‘Yes’ votes from Councilmembers Eck,
Tibbott, Dotsch, Olson, and Paine.
James Ogonowski was appointed with 4 ‘Yes’ votes from Councilmembers Chen,
Dotsch, Olson, and Nand.
Kevin Fagerstrom was appointed with 5 ‘Yes’ votes from Councilmembers Eck,
Chen, Tibbott, Olson, and Paine.
Per the approved process, Diane Buckshnis and Theresa Hollis were not voted on
as the open committee positions were filled.
10. COUNCIL COMMENTS
Councilmembers commented on various issues.
11. MAYOR’S COMMENTS
Mayor Rosen provided comments.
ADJOURNMENT
The meeting was adjourned at 8:22 pm.
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City Council Agenda Item
Meeting Date: 02/11/2025
Approval of claim checks.
Staff Lead: Kimberly Dunscombe
Department: Administrative Services
Preparer: Nori Jacobson
Background/History
Approval of claim checks #266085 through #266182 dated February 5, 2025 for $1,476,097.07 (re-issued
check #266144 $38.30).
Staff Recommendation
Approval of claim checks.
Narrative
The Council President shall be designated as the auditing committee for the city council. The council
president shall review the documentation supporting claims paid and review for approval by the city
council at its next regular public meeting all checks or warrants issued in payment of any claim, demand
or voucher. A list of each claim, demand or voucher approved and each check or warrant issued
indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the
city council office for review by individual councilmembers prior to each regularly scheduled public
meeting.
Attachments:
Claim cks 02-05-25 Agenda copy
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2/5/2025 2:36:09PM
Positive Pay Listing
City of Edmonds
apPosPay Page: 1
Document group:jacobson
Vendor Code & Name Check #Check Date Amount
076040 911 SUPPLY INC 266085 2,646.872/5/2025
065052 AARD PEST CONTROL 266086 246.422/5/2025
000135 ABSCO ALARMS INC 266087 889.532/5/2025
079367 AGRII PARTY & EVENTS 266088 1,482.042/5/2025
001528 AM TEST INC 266089 330.002/5/2025
074306 AMWINS GROUP BENEFITS INC 266090 8,096.412/5/2025
078955 AQUATIC INFORMATICS INC 266091 4,022.002/5/2025
001441 ASCAP 266092 445.002/5/2025
064341 AT&T MOBILITY 266093 43.352/5/2025
001795 AUTOGRAPHICS 266094 4,255.362/5/2025
070305 AUTOMATIC FUNDS TRANSFER 266095 1,171.602/5/2025
001801 AUTOMATIC WILBERT VAULT CO 266096 1,053.002/5/2025
075263 AVR PRODUCTION SERVICES LLC 266097 750.002/5/2025
076685 BAILEY, MICHAEL E 266098 1,365.002/5/2025
028050 BILL PIERRE FORD INC 266099 709.122/5/2025
073250 BMI GENERAL LICENSING 266100 446.002/5/2025
073029 CANON FINANCIAL SERVICES 266101 331.502/5/2025
069437 CANOPY WORLD INC 266102 551.402/5/2025
077353 CAPITOL CONSULTING LLC 266103 3,900.002/5/2025
003510 CENTRAL WELDING SUPPLY 266104 311.072/5/2025
063902 CITY OF EVERETT 266105 1,490.402/5/2025
070323 COMCAST BUSINESS 266106 412.562/5/2025
005965 CUES INC 266107 1,640.542/5/2025
079013 DEALERSHIP GLASS AUTO GLASS 266108 44.142/5/2025
047450 DEPT OF INFORMATION SERVICES 266109 285.002/5/2025
076172 DK SYSTEMS 266110 6,373.772/5/2025
076610 EDMONDS HERO HARDWARE 266111 85.562/5/2025
008705 EDMONDS WATER DIVISION 266112 1,133.162/5/2025
008812 ELECTRONIC BUSINESS MACHINES 266113 51.102/5/2025
009350 EVERETT DAILY HERALD 266114 129.002/5/2025
075673 FARMER, MARIA 266115 260.002/5/2025
079805 FLOW CONTROL PLUMBING 266116 1,491.752/5/2025
072634 GCP WW HOLDCO LLC 266117 3,164.552/5/2025
071759 GRANICH ENGINEERED PRODUCTS 266118 2,221.052/5/2025
012560 HACH COMPANY 266119 471.532/5/2025
012845 HARBOR SQUARE ATHLETIC CLUB 266120 11,934.002/5/2025
066575 HERC RENTALS INC 266121 1,372.912/5/2025
074966 HIATT CONSULTING LLC 266122 210.002/5/2025
076240 HM PACIFIC NORTHWEST INC 266123 713.472/5/2025
061013 HONEY BUCKET 266124 290.952/5/2025
075966 HULBERT, CARRIE 266125 2,766.672/5/2025
076488 HULBERT, MATTHEW STIEG 266126 600.002/5/2025
060165 HWA GEOSCIENCES INC 266127 6,208.822/5/2025
069733 ICONIX WATERWORKS INC 266128 4,675.942/5/2025
014940 INTERSTATE BATTERY SYSTEMS 266129 81.482/5/2025
079227 JAMTOWN LLC 266130 335.702/5/2025
079069 KISHA POST 266131 1,400.002/5/2025
067725 LES SCHWAB TIRE CENTER 266132 1,488.712/5/2025
079732 LIZ LOOMIS PUBLIC AFFAIRS 266133 8,000.002/5/2025
076001 LUCIE R BERNHEIM, ATTY AT LAW 266134 1,725.002/5/2025
074263 LYNNWOOD WINSUPPLY CO 266135 5,462.432/5/2025
020900 MILLERS EQUIP & RENT ALL INC 266136 1,323.962/5/2025
079777 MOSQUITO FLEET BAND 266137 200.002/5/2025
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2/5/2025 2:36:09PM
Positive Pay Listing
City of Edmonds
apPosPay Page: 2
Document group:jacobson
Vendor Code & Name Check #Check Date Amount
018950 NAPA AUTO PARTS 266138 52.702/5/2025
067834 NATIONAL CONSTRUCTION RENTALS 266139 232.052/5/2025
070855 NAVIA BENEFIT SOLUTIONS 266140 340.802/5/2025
024302 NELSON-REISNER 266141 290.512/5/2025
072739 O'REILLY AUTO PARTS 266143 29.532/5/2025
076902 OCCUPATIONAL HEALTH CTR OF WA 266142 128.002/5/2025
026830 PACIFIC PLUMBING SUPPLY 266144 38.302/5/2025
027060 PACIFIC TOPSOILS INC 266145 1,443.002/5/2025
069873 PAPE MACHINERY INC 266146 69.042/5/2025
028860 PLATT ELECTRIC SUPPLY 266147 100.372/5/2025
064167 POLLARD WATER 266148 184.662/5/2025
078800 POPA & ASSOCIATES 266149 900.002/5/2025
046900 PUGET SOUND ENERGY 266150 11,753.202/5/2025
070955 R&R STAR TOWING 266151 158.162/5/2025
062657 REGIONAL DISPOSAL COMPANY 266152 5,446.162/5/2025
064769 ROMAINE ELECTRIC 266153 417.692/5/2025
079760 ROOHI, MAHZAD 266154 324.002/5/2025
079387 SAYBR CONTRACTORS INC 266155 2,637.492/5/2025
077424 SEFAC USA INC 266156 1,607.452/5/2025
060889 SNAP-ON INDUSTRIAL 266157 1,051.332/5/2025
037375 SNO CO PUD NO 1 266159 14,807.322/5/2025
037376 SNO CO PUD NO 1 266160 299.742/5/2025
076433 SNOHOMISH COUNTY 911 266161 84,231.002/5/2025
037303 SO SNOHOMISH CO FIRE & RESCUE 266162 959,553.002/5/2025
038300 SOUND DISPOSAL CO 266163 3,362.882/5/2025
038410 SOUND SAFETY PRODUCTS 266164 1,500.462/5/2025
074506 SUNBELT RENTALS 266165 231.422/5/2025
076324 SUPERION LLC 266166 10,081.312/5/2025
040917 TACOMA SCREW PRODUCTS INC 266167 1,002.292/5/2025
040916 TC SPAN AMERICA 266168 565.872/5/2025
065459 THE HERALD SUBSCRIPTION 266169 345.722/5/2025
079359 THE WALLS LAW FIRM INC 266170 25,000.002/5/2025
072649 THE WIDE FORMAT COMPANY 266171 367.312/5/2025
038315 TK ELEVATOR CORPORATION 266172 6,468.052/5/2025
075496 VALERIE INC 266173 1,500.002/5/2025
067865 VERIZON WIRELESS 266174 13,395.212/5/2025
061485 WA ST DEPT OF HEALTH 266175 11,505.602/5/2025
045515 WABO 266176 1,160.002/5/2025
078314 WASTE MGMT DISPOSAL SVC OF OR 266177 201,047.542/5/2025
065568 WATER SERVICES NW INC 266178 88.342/5/2025
075635 WCP SOLUTIONS 266179 1,001.372/5/2025
073552 WELCO SALES LLC 266180 1,267.162/5/2025
078389 ZENNER USA 266181 7,302.502/5/2025
011900 ZIPLY FIBER 266182 1,757.022/5/2025
Total count: 97
GrandTotal: 1,476,135.37
Page: 2
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City Council Agenda Item
Meeting Date: 02/11/2025
Approval of payroll and benefit checks, direct deposit and wire payments.
Staff Lead: Kimberly Dunscombe
Department: Administrative Services
Preparer: Lori Palmer
Background/History
Approval of replacement check #66172, dated January 17, 2025, payroll check #66173 for $4,320.69,
dated February 5, 2025 and direct deposit for $849,149.95 and benefit checks #66174 through #66179
and wire payments for $773,933.75 for the pay period of January 16, 2025 through January 31, 2025.
Staff Recommendation
Approval of payroll and benefit checks, direct deposit and wire payments.
Narrative
In accordance with the State statutes, City payments must be approved by the City Council. Ordinance
#2896 delegates this approval to the Council President who reviews and recommends either approval or
non-approval of payments.
Attachments:
01-16-2025 to 01-31-2025 benefit checks summary
01-16-2025 to 01-31-2025 payroll earnings summary
8.3
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Benefit Checks Summary Report
City of Edmonds
Pay Period: 1,173 - 01/16/2025 to 01/31/2025
Bank: usbank - US Bank
Direct DepositCheck AmtNamePayee #DateCheck #
66174 02/05/2025 bpas BPAS 8,284.80 0.00
66175 02/05/2025 icma MISSIONSQUARE PLAN SERVICES 6,000.51 0.00
66176 02/05/2025 flex NAVIA BENEFIT SOLUTIONS 6,186.14 0.00
66177 02/05/2025 tx TEXAS CHILD SUPPORT SDU 166.50 0.00
66178 02/05/2025 rwt WASHINGTON TEAMSTERS 284.55 0.00
66179 02/05/2025 afscme WSCCCE, AFSCME AFL-CIO 2,967.45 0.00
23,889.95 0.00
Bank: wire - US BANK
Direct DepositCheck AmtNamePayee #DateCheck #
3789 02/05/2025 pens DEPT OF RETIREMENT SYSTEMS 376,607.04 0.00
3792 02/05/2025 aflac AFLAC 3,331.96 0.00
3795 02/05/2025 us US BANK 163,489.97 0.00
3796 02/05/2025 mebt WTRISC FBO #N3177B1 154,603.51 0.00
3797 02/05/2025 pb NATIONWIDE RETIREMENT SOLUTION 7,668.65 0.00
3798 02/05/2025 wadc WASHINGTON STATE TREASURER 43,252.67 0.00
3799 02/05/2025 oe OFFICE OF SUPPORT ENFORCEMENT 1,090.00 0.00
750,043.80 0.00
773,933.75 0.00Grand Totals:
Page 1 of 12/3/2025
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Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,173 (01/16/2025 to 01/31/2025)
Hours AmountHour Type Hour Class Description
NO PAY NON HIREDABSENT112 24.00 0.00
SICK LEAVE - L & ISICK120 90.00 9,891.75
SICK LEAVESICK121 1,033.75 53,761.52
VACATIONVACATION122 742.75 35,700.56
HOLIDAY HOURSHOLIDAY123 177.75 10,020.04
FLOATER HOLIDAYHOLIDAY124 61.00 2,550.84
COMPENSATORY TIMECOMP HOURS125 282.00 15,054.67
Holiday Bank WWTPHOLIDAY128 103.00 4,920.85
JURY DUTYJURY DUTY132 8.00 279.73
Commanders Leave UsageREGULAR HOURS138 10.00 1,292.53
BEREAVEMENTBEREAVEMENT141 20.00 1,074.80
KELLY DAYS BUY BACKKELLY DAY149 12.00 708.44
Kelly Day UsedREGULAR HOURS150 168.00 9,054.15
COMPTIME BUY BACKCOMP HOURS152 0.63 37.19
HOLIDAY BUY BACKHOLIDAY153 -64.00 -3,778.34
FLOATER HOLIDAY BUY BACKHOLIDAY154 2.00 95.49
COMPTIME AUTO PAYCOMP HOURS155 22.50 1,724.70
SICK LEAVE PAYOFFSICK157 17.92 872.57
VACATION PAYOFFVACATION158 26.92 1,331.98
MANAGEMENT LEAVEVACATION160 89.00 6,720.49
COUNCIL BASE PAYREGULAR HOURS170 700.00 12,294.24
COUNCIL PRESIDENTS PAYREGULAR HOURS174 0.00 351.26
COUNCIL PAY FOR NO MEDICALREGULAR HOURS175 0.00 6,127.80
REGULAR HOURSREGULAR HOURS190 18,002.35 931,266.01
FIRE PENSION PAYMENTSREGULAR HOURS191 2.00 3,517.17
Emergency Sick LeaveSICK194 36.00 1,294.62
ADMINISTRATIVE LEAVEREGULAR HOURS195 57.00 3,240.45
Furlough Regular TimeMISCELLANEOUS198 32.00 -1,809.65
OVERTIME-STRAIGHTOVERTIME HOURS210 124.25 8,301.06
WATER WATCH STANDBYOVERTIME HOURS215 60.00 4,283.43
STANDBY TREATMENT PLANTMISCELLANEOUS216 6.00 815.41
OVERTIME 1.5OVERTIME HOURS220 212.50 19,842.49
OVERTIME-DOUBLEOVERTIME HOURS225 49.00 5,217.20
MISC PAYMISCELLANEOUS400 0.00 1,398.04
02/03/2025 Page 1 of 3
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Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,173 (01/16/2025 to 01/31/2025)
Hours AmountHour Type Hour Class Description
WORKING OUT OF CLASSMISCELLANEOUS410 0.00 870.22
SHIFT DIFFERENTIALSHIFT DIFFERENTIAL411 0.00 2,219.07
RETROACTIVE PAYRETROACTIVE PAY600 0.00 1,787.45
ACCRUED COMP 1.0COMP HOURS602 89.50 0.00
ACCRUED COMP TIME 1.5COMP HOURS604 96.50 0.00
ACCRUED COMP 2.0COMP HOURS606 6.00 0.00
Commander Standy AccrualCOMP HOURS609 5.00 0.00
ACCRUED SICK LEAVESICK901 12.33 0.00
BOOT ALLOWANCEMISCELLANEOUS902 0.00 404.84
ACCREDITATION PAYMISCELLANEOUSacc 0.00 253.19
ACCRED/POLICE SUPPORTMISCELLANEOUSacs 0.00 228.46
Ancilary Duty PayREGULAR HOURSanc 0.00 276.61
Ancilary Duty PayREGULAR HOURSanc2 0.00 1,551.48
Ancilary Duty PayREGULAR HOURSanc3 0.00 1,842.24
BOC II CertificationMISCELLANEOUSboc 0.00 244.78
TRAINING CORPORALMISCELLANEOUScpl 0.00 235.40
CERTIFICATION III PAYMISCELLANEOUScrt 0.00 122.39
Detective 4%MISCELLANEOUSdet4 0.00 1,351.04
EDUCATION PAY 2%EDUCATION PAYed1 0.00 963.08
EDUCATION PAY 4%EDUCATION PAYed2 0.00 890.94
EDUCATION PAY 6%EDUCATION PAYed3 0.00 12,405.69
Exempt Vacation PremiumVACATIONevap -71.00 -5,002.50
Furlough Day Non-RepresentedREGULAR HOURSfd1 114.00 6,771.00
Floater Wellness Day AccruedHOLIDAYfwd 728.00 0.00
HOLIDAYHOLIDAYhol 1,296.60 64,932.05
K-9 AssignmentMISCELLANEOUSk9 0.00 429.92
LANGUAGE PAYMISCELLANEOUSlan 0.00 600.00
LONGEVITY PAY 2%LONGEVITYlg1 0.00 1,160.18
LONGEVITY PAY 2.5%LONGEVITYlg11 0.00 1,010.17
Longevity 9%LONGEVITYlg12 0.00 3,892.59
Longevity 7%LONGEVITYlg13 0.00 1,256.36
Longevity 5%LONGEVITYlg14 0.00 1,471.15
LONGEVITY PAY 4%LONGEVITY PAYlg2 0.00 171.92
LONGEVITY 6%LONGEVITY PAYlg3 0.00 298.53
02/03/2025 Page 2 of 3
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Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,173 (01/16/2025 to 01/31/2025)
Hours AmountHour Type Hour Class Description
Longevity 1%LONGEVITYlg4 0.00 1,130.26
Longevity 3%LONGEVITYlg5 0.00 4,082.57
Longevity .5%LONGEVITYlg6 0.00 29.43
Longevity 1.5%LONGEVITYlg7 0.00 927.83
Medical Leave SickSICKmels 80.00 4,170.84
Medical Leave VacationVACATIONmelv 8.00 417.08
Paid Family Medical -Comp UsedCOMP HOURSpfmc 3.50 130.98
Paid Family Medical HolidayHOLIDAYpfmh 18.00 673.60
Paid Family Medical Unpaid/SupABSENTpfmp 100.00 0.00
Paid FAMILY MEDICAL/SICKSICKpfms 20.50 822.83
Paid Family Medical VacationVACATIONpfmv 8.00 299.38
PHYSICAL FITNESS PAYMISCELLANEOUSphy 0.00 3,413.82
SICK LEAVE ADD BACKSICKslw -52.63 0.00
PSET SergeantMISCELLANEOUSstr 0.00 255.80
TAC OfficerMISCELLANEOUStac 0.00 214.96
Training OfficerMISCELLANEOUSto 0.00 214.96
Traffic Officer - CarMISCELLANEOUStraf 0.00 462.12
Total Net Pay:$853,470.64
$1,267,338.20 24,570.62
02/03/2025 Page 3 of 3
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City Council Agenda Item
Meeting Date: 02/11/2025
Public Hearing on Interim Ordinance for STEP Housing
Staff Lead: Shane Hope
Department: Planning & Development
Preparer: Heather Lakefish
Background/History
In 2021, Washington state passed House Bill 1220 (HB 1220), which amended the Growth Management
Act (GMA) and set new requirements for how city codes regulate development of certain housing types.
The law requires local governments like Edmonds to plan for and accommodate housing affordable to all
income levels, which includes permanent supportive housing and emergency housing.
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 a type of
affordable housing under state law.)
Consistent with HB 1220, the Comprehensive Plan includes goals and policies regarding supportive and
emergency housing, such as these:
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-9.4 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 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 addresses the 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 allowed in Edmonds. The zoning districts that currently allow hotels are: Commercial
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Waterfront (CW) Community Business (BC), Downtown Business (BD), Westgate Mixed-Use, and
General Commercial (CG). (Regardless, hotels are currently not allowed in Neighborhood Centers
and Hubs, per the interim ordinance adopted on January 14 .)
· Permanent supportive housing and transitional housing as permitted in all zones where
residential dwelling units or hotels are allowed.
Generally, these 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.
City Council meetings
At the January 7 City Council meeting, the Council discussed the interim ordinance and the need for
"STEP housing" (i.e., emergency indoor shelters, emergency indoor housing, transitional housing, and
permanent supportive housing), along with related issues. One of the issues was about additional
requirements that could be placed on STEP housing. The Council President and staff indicated they
could work on this for further consideration. Another question was whether the zoning districts allowing
hotels were correctly identified in the interim ordinance. The Council voted to put the interim ordinance,
with any corrections, on the next (January 14) Council consent agenda. (See attached minutes.)
NOTE: For the Council's January 14 meeting, the interim ordinance had been updated to not specifically
list the zoning districts that allowed hotels (and thus must also allow emergency indoor housing and
emergency indoor shelters). Instead, given that the list of zoning districts allowing hotels could change
over time, the updated draft interim ordinance simply stated (consistent with state law) that all zoning
districts allowing hotels must also allow the relevant STEP housing.
At the January 14 meeting, the interim ordinance was removed from the Consent agenda with direction
to add it to the next available Council meeting for additional discussion and possible amendment.
The next available meeting was on January 28. At that meeting, two amendments were proposed and
approved, after discussion. The Council adopted the interim ordinance with the two amendments. (See
attached minutes.)
Staff Recommendation
Hold a public hearing, as required for an adopted interim ordinance, and consider any public comments.
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). The definitions of these, based on state law, are as follows:
· “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.
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· “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 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 state Department of Commerce to 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. It is very similar to the
proposed interim code language (Attachment 5).
Amendments
An interim ordinance to meet state law by adopting a new Chapter 17.125 ECDC (“Emergency Shelters,
Transitional Housing, and Permanent Supportive Housing (STEP Housing”) was introduced at the City
Council’s January 7 meeting. Council discussed the proposal, recognizing that there was a great need for
such housing and wanting to make sure that Edmonds regulations were adequate to help ensure that the
facilities would be in compliance with Edmonds' other codes. For example, one of the larger cities in our
region has reportedly chosen to not actively enforce certain local codes and to avoid evicting any
residents. The Edmonds City Council decided to review the issues further and to consider the interim
ordinance as part of its next consent agenda (January 14). At the January 14 Council meeting, the item
was pulled off the consent agenda and direction was given for it to come back as part of a subsequent
regular agenda item, where it could be subject to amendment, which might include emphasizing the
provision of STEP housing in relationship to other City codes.
At the January 28 Council meeting, two amendments were approved and incorporated into the
ordinance to address the above concern. They amendments were to the proposed ECDC 17.125.030
(Regulations), adding a new subsection B (Expectations). This new subsection reads:
B. Expectations.
1. Nuisances and criminal behavior are subject to enforcement to the full extent of the city’s code
and state law.
2. Evictions of residents for unsafe actions are not precluded by city codes.”
See the adopted 17.125 code (attached) for the interim code language.
Next steps
A public hearing is part of a City Council meeting on February 11 to consider public input about the
adopted interim ordinance for STEP housing.
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After that, 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 developing any revisions to the interim code. The
resulting draft code will be presented for consideration as a longer-term ordinance and subject to open
public process.
As part of the public process, the interim code and related information will be reviewed by the Planning
Board, who will make a recommendation on a final STEP housing code for City Council consideration.
The City Council will host a public hearing on the final version ahead of any decision on adopting it (with
any amendments).
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
2024-12-31 interim ordinance for supportive housing
STEP.Hsg.ECDC .Ch.17.125.Adopted
1.7 Council Minutes STEP Housing
1.28 Council Minutes STEP Housing_
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1 STEP 101 FACTSHEET – JULY 2024
V3.1
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).1In 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?
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.
HOUSING DIVISION
STEP COMMUNICATIONS TOOLKIT FOR ALL AUDIENCES
Future housing needs by area median income (AMI) groups
9.1.a
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2 STEP 101 FACTSHEET – JULY 2024
V3.1
ARE THE CORE CAUSES OF
RISE IN HOMELESSNESS
Rent prices soared and housing vacancy rates
dropped. However, at the same time, workforce
participation grew, Gross Domestic Product grew and
wages increased.
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.
RISING RENTS AND A LACK OF
HOUSING SUPPLY
FROM 2007-2023,
WASHINGTON EXPERIENCED 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:
Develop policies to plan for and
accommodate housing affordable to all
economic segments,
Allow sufficient zoning capacity for these
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.
$16.28 state
minimum
wage per hour
According to
federal estimates,
to afford rent for
a two-bedroom
home in
Washington: $36.33 $75,556
a household must
have an annual
income of
or an average
hourly rate of
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3 STEP 101 FACTSHEET – JULY 2024
V3.1
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
involved with the justice system, and adults with intellectual and developmental disabilities.
Provides 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
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
Law Relevance to STEP
Growth Management Act:
RCW 36.70A.070(2)
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.
RCW 35.21.683 and RCW
35A.21.430
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.
RCW 36.130.020
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.
RCW 36.70A.545
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.
RCW 35.21.915, RCW
35A.21.360, and RCW
36.01.290
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.
RCW 36.70A.540
Local governments fully planning under the Growth Management Act (GMA) have the
authority to offer incentives in exchange for providing development for low-income
households.
9.1.a
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4 STEP 101 FACTSHEET – JULY 2024
V3.1
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
listed as a conditional use. This means STEP projects face
additional regulations that typically involve a longer local
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 use2 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.
Expedite permitting processes for STEP projects, thereby
providing quicker, more predictable timelines that help
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
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, 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.
Streamlines permitting
Encourages STEP development
Reduces work for local government staff
Speeds up local processes
Encourages STEP development
Limits discretionary approval processes
Reduces work for local government staff
Provides quicker and more predictable
development timelines
Prevents cost increases caused by project
delays
Keeps rents affordable for low-income
households
Increases STEP production
Furthers sustainability
Promotes inclusivity and accessible services
Provides access to transportation
Increases employment opportunities
Enhances overall wellbeing
9.1.a
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v3.5
MODEL ORDINANCE AND COMMUNICATIONS TOOLKIT FOR STEP
9.1.b
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STEP STATE OF THE PRACTICE - JULY 2024 2
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 Hà, 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
9.1.b
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STEP STATE OF THE PRACTICE - JULY 2024 3
Contents
Executive Summary ..................................................................................................................................... 4
Promising Practices .................................................................................................................................................. 4
Chapter 1: Introduction ................................................................................................................................ 7
Chapter 2: Background ................................................................................................................................ 9
Scale of Housing Needs in Washington State ......................................................................................................... 9
Drivers of Homelessness in Washington State ....................................................................................................... 9
Benefits of 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
Planning Regionally for STEP ................................................................................................................................. 25
Accommodating and Regulating STEP Locally ..................................................................................................... 27
Permitting STEP....................................................................................................................................................... 29
Barriers to STEP Development ............................................................................................................................... 32
Promising Practices ................................................................................................................................................ 33
Appendices ............................................................................................................................................... 35
Other Potentially Relevant Laws and Definitions .................................................................................................. 35
Licensing Requirements for Transient Accommodations and Crisis Shelters ................................................... 36
Related Case Law .................................................................................................................................................... 36
9.1.b
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STEP STATE OF THE PRACTICE - JULY 2024 4
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
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.1
1 The Los Angeles County Homeless Initiative. Do's and Don'ts for Emergency Shelter Zoning. https://homeless.lacounty.gov/wp-
content/uploads/2017/11/SB-2-Dos-and-Donts.pdf
9.1.b
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STEP STATE OF THE PRACTICE - JULY 2024 5
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.
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.
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, 3
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://kingcounty.gov/en/legacy/depts/community-human-services/initiatives/health-through-
housing#:~:text=The%20Health%20Through%20Housing%20%28HTH%29%20Initiative%20is%20an,people%20experiencing%20or%20a
t%20risk%20of%20chronic%20homelessness.
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.
9.1.b
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STEP STATE OF THE PRACTICE - JULY 2024 6
select Limited Areas of More Intense Rural Development (LAMIRDs) if enough support services,
transportation and infrastructure services are available.
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.
9.1.b
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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:
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)
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)
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)
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.
9.1.b
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STEP STATE OF THE PRACTICE - JULY 2024 8
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.
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.
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.
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 Abt 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.
Report Contents
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.
9.1.b
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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.7, 8
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.9 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
7 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.gov/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.org/oor
11 Washington Department of Labor & Industries. Minimum Wage. 2024. www.lni.wa.gov/workers-rights/wages/minimum-wage/
9.1.b
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STEP STATE OF THE PRACTICE - JULY 2024 10
homelessness, with a 19.9% rise from 2007 to 2023.12 This trend is driven mainly by rising rental costs, which
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.html
13 Washington State Department of Commerce. Drivers of Homelessness in Washington State. 2018.
www.youtube.com/watch?v=X8NUHqpPf-U
9.1.b
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STEP STATE OF THE PRACTICE - JULY 2024 11
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.
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:
Provides support services aiding participants in maintaining stable housing.
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/ChapinHall_VoYC_Education-Brief.pdf
15 Public benefit income is Income that is received from public sources such as Medicare, social security, disability, SNAP, Housing and
Essential Needs (HEN), etc.
50.5%
17.1%
4.5%
13.2%
19.8%
5.5%
76.8%
14.0%
10.5%
2%
4.6%
White
Hispanic or Latino
Asian
Native American or Alaska Native
Black or African American
Native Hawaiian/Pacific Islander
Chart 1: Racial Disparities in Homelessness
in Washington state
% of Washington state total Population % of Washington state Homeless Population
9.1.b
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STEP STATE OF THE PRACTICE - JULY 2024 12
Improves participants' mental and physical health through timely medical care, access to mental health
care and preventive care.
Enhances participants' employment prospects and incomes, fostering social connections.
Reduces the likelihood of participants being incarcerated.
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 2026.17 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.
9.1.b
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Table 1 - STEP Building Structure Types and Forms
Type and Form
"S"
Emergency Shelters
"T"
Transitional Housing
"E"
Emergency Housing
"P"
Permanent Supportive
Housing
Single-site Congregate Living Y Y Y
Scattered-site Apartments Y Y Y Y
Tiny Homes* as defined in RCW 35.21.686,
or Small Cottages**
Y Y Y Y
Tiny Homes on Wheels, as defined in RCW
35.21.686
Y Y Y Y
Tiny Shelters,*** including Prefabricated
Shelter and Containers (e.g., pallet shelters)
Y Y
Park Model Homes as defined in RCW
59.20.030(20)
Y Y Y Y
Manufactured Home as defined in RCW
59.20.030(9)
Y Y Y Y
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.
9.1.b
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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
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
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.
9.1.b
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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
9.1.b
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(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.21.430 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 36.01.290(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.
9.1.b
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Washington state laws that specifically apply to STEP
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.
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.
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.
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.
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
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.
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)).
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
9.1.b
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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). 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
or determine a certain bonus density should they apply for a development.
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, which are very rigorous lists of potential items. For example, any religious
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
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
rights, waiver of development regulations or fees or other development incentives.
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
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
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
federal Fair Housing Act and the Americans with Disabilities Act, in RCW 49.60.222 specifically (1)(f) and
(2)(a), (b) and (c). Individuals experiencing homelessness or at risk of homelessness are disproportionately
members of several protected classes under state and federal laws. These classes include but are not
limited to people with disabilities and people of color. To comply with these regulations, policymakers
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
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
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
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.
9.1.b
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Federal laws
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.
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.
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
STEP Types and Applicable Laws
"S"
Emergency
Shelters
"T"
Transitional
Housing
"E"
Emergency
Housing
"P"
Permanent
Supportive
Housing
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.
Y Y Y Y
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.
Y Y Y 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
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.
Y* Y* Y
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
RCW 36.70A.545 requires fully planning cities and counties to allow increased density
bonuses for any affordable housing on real property owned or controlled by a religious
organization.
Y* Y* Y
RCW 35.21.915, RCW 35A.21.360 and RCW 36.01.290 any local government regulatory
limits on encampments, safe parking, overnight shelters, and temporary small houses on
property owned or controlled by a religious organization.
Y Y
RCW 36.70A.540 gives authority to local governments to offer incentives in exchange for
providing development for low-income housing units.
Y* Y* Y
9.1.b
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STEP Types and Applicable Laws
"S"
Emergency
Shelters
"T"
Transitional
Housing
"E"
Emergency
Housing
"P"
Permanent
Supportive
Housing
RCW 36.70A.070(2)(c) requires fully planning local governments to document how they
have sufficient land use capacity for all future housing needs by income level.
Y** Y Y
RCW 36.70A.210(3)(e) requires fully planning counties to have countywide planning
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. Y Y Y Y
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
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
Washington State Environmental Policy Act requires all branches of government in the
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.
Y Y Y Y
Americans with Disabilities Act prohibits discrimination against individuals with
disabilities and provides enforceable standards to address discrimination.
Y Y Y Y
Fair Housing Act prohibits “neutral” policy that has a disproportionately adverse effect on
a protected class.
Y Y Y Y
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 Y
*Only applicable when the housing has a lease.
**Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs.
9.1.b
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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 Authority and the Department of
Social and Health Services.
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).
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.
9.1.b
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of projects are already required to meet. This consideration is important to ensure that local requirements and
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.
9.1.b
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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.24
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 AMI, 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.
9.1.b
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term rent assistance and housing stability services to prevent homelessness.25, 26 Each county also funds its
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:27
Housing and related services sales tax (RCW 82.14.530)
Affordable housing property tax levy (RCW 84.52.105)
REET 2 (RCW 82.46.035) – GMA jurisdictions only and only available through 2025
Lodging Tax (RCW 67.28.150 and RCW 67.28.160) to repay general obligation bonds or revenue bonds
Mental Illness and Drug Dependency Tax (RCW 82.14.460) – jurisdictions with a population over 30,000
Donating surplus public lands for affordable housing projects (RCW 39.33.015)
Impact fee waivers for affordable housing projects (RCW 82.02.060)
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:
Corporation for Supportive Housing offers predevelopment and acquisition financing for permanent
supportive housing projects.
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).
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.
25 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-housing-levy/
26 Seattle Office of Housing. City of Seattle celebrates affordable housing investments and anti-displacement achievements. The City of
Seattle. 2024. https://housing.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 Housing
Funding Sources for more details and the Association of Washington Cities (AWC)/MRSC booklet on Homelessness & housing toolkit
for cities (2022).
9.1.b
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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.30
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.
9.1.b
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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
32 Washington State Department of Commerce. Guidance and Data for Updating Housing Elements. Webinar. May 2023.
https://deptofcommerce.app.box.com/s/j3fqkx8x7brlstds3yv4gh7p9zwpure6
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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
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.
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.
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.
9.1.b
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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.545, 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:
Specific parking, setback and lot requirements
Required operations plans
Required coordination with local police and fire departments (e.g., developing safety plans)
Public noticing requirements
Required approaches for mitigating potential impacts on the project’s surrounding neighborhood
Requirements for what services and amenities must be available on-site
Minimum stay and eligibility criteria for tenants
Regular performance reporting requirements
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:
Contact information for staff key and their roles and responsibilities
A facility management plan, including security policies and an emergency management plan
Site and facility maintenance policies
Occupancy policies
Staffing plans and outcome measures for human and social services plan and outcome measures
A community engagement plan
Documentation of record-keeping processes
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.
9.1.b
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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, II, 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.34, 35 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
Type I Type II Type III
Approval Process Administrative Administrative Discretionary Quasi-Judicial
Description
Type I projects commonly only
require administrative approval
without public notice. Some
jurisdictions require only
administrative approval for
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.
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.
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.
Public Hearing No No, unless on appeal 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).
35 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.
9.1.b
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Type I Type II Type III
Appeal
Type I decisions may be
appealable depending on local
project processes.
Type II decisions are generally
appealable to a hearings examiner.
Type III decisions are generally
appealed to court under the Land
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
9.1.b
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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.36
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
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-
housing-e4dcc62072d7
38 Tulalip Tribes. Village of Hope – Transitional Housing and Permanent Supportive Housing. www.tulaliptribes-
nsn.gov/Dept/VillageOfHope
39 Plymouth Housing. What’s it like inside a Plymouth building?. https://plymouthhousing.org/our-housing/tour-a-plymouth-building/
40 Catholic Charities Eastern Washington. www.cceasternwa.org/catalyst
The HUB on Third in Walla Walla (co-located emergency shelter, health
care and childcare services), Source: Blue Mountain Action Council
Plymouth on First Hill in Seattle (permanent supportive housing),
Source: Plymouth Housing
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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:
Rising costs of land, labor, materials and insurance
High permit fees, impact fees and utility connection fees
Slow or limited capacity at local jurisdictions to process, permit and approve a proposed development
Lack of clear and accessible information on the permitting process
Limited developer and workforce capacity
NIMBY (Not-In-My-Backyard) attitudes
Neighborhood covenants and restrictions
Limited subsidized funding sources
Requirements to fund new infrastructure
Some local regulations and requirements may also create barriers for STEP development, including, but not
limited to:
Unclear development regulations and regulations inconsistent with state and federal laws (e.g., Fair
Housing Laws)
Requirements for STEP that are different from those for general housing development
Conditional use permits, design review requirements and discretionary review processes
Spacing requirements (e.g., minimum distances from parks, schools or other facilities)
Limiting maximum densities or floor area ratios
Excessive off-street parking requirements, building height limits and ground-floor retail requirements
Facility, operating and reporting requirements
Requirements for coordination with local police and fire departments
Arbitrary limits on occupants or operation times
Restrictions on support spaces, such as office space, within a permanent supportive housing building in a
residential zone
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.org/a-safe-place-to-stay.html
9.1.b
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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.
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
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.
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.
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/wp-
content/uploads/2017/11/SB-2-Dos-and-Donts.pdf
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Redmond, Sammamish and Seattle. King County established the Health Through Housing 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.43, 44
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.
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://kingcounty.gov/en/legacy/depts/community-human-services/initiatives/health-through-
housing#:~:text=The%20Health%20Through%20Housing%20%28HTH%29%20Initiative%20is%20an,people%20experiencing%20or%20a
t%20risk%20of%20chronic%20homelessness.
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.
9.1.b
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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 I) 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 71A.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
9.1.b
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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.
9.1.b
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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
45 Corporation Supportive Housing. Supportive Housing and Olmstead: State of the Conversation. February 2024. www.csh.org/wp-
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.
9.1.b
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In 2023, the City of Federal Way denied an application from Catholic Community Services for the change of 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
board within 60 days of publication, the hearing examiner had no jurisdiction to decide on the code's
compliance with the GMA.50
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.
https://www.codepublishing.com/WA/FederalWay/html/FederalWay19/FederalWay19220.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(2).
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 Hà, 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).
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
9.1.c
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Table of Contents
Chapter 1: Introduction ........................................................................................................................................................................................ 4
Background ............................................................................................................................................................................................................................... 5
Emerging Best Practices .......................................................................................................................................................................................................... 6
Chapter 2: Background ........................................................................................................................................................................................ 7
2021 Updates to the Growth Management Act ...................................................................................................................................................................... 7
Relevant State and Federal Laws ............................................................................................................................................................................................ 8
State of the Practice in Washington...................................................................................................................................................................................... 10
Chapter 3: Planning for STEP 101 ...................................................................................................................................................................... 13
STEP Definitions ..................................................................................................................................................................................................................... 13
STEP Financing and Development Process ......................................................................................................................................................................... 15
Supporting STEP Projects and Operations ........................................................................................................................................................................... 17
Chapter 4: Comprehensive Planning for STEP .................................................................................................................................................... 18
Chapter 5: Permitting STEP ............................................................................................................................................................................... 19
Chapter 6: Model Ordinance ............................................................................................................................................................................... 22
Chapter 7: Accommodating Enough STEP .......................................................................................................................................................... 31
Demonstrating Sufficient Land Capacity .............................................................................................................................................................................. 31
Reducing Development Barriers ............................................................................................................................................................................................ 32
Addressing Potential Community Concerns ........................................................................................................................................................................ 35
Chapter 8: Adoption and Implementation ........................................................................................................................................................... 39
Appendix ........................................................................................................................................................................................................... 40
Methodology ........................................................................................................................................................................................................................... 40
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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 temporary1 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 years2 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
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).
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
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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
connect the resident of the housing with community-based health care, treatment, or employment services. RCW 36.70A.030(31)
Background
Washington experienced a significant 19.9% increase in homelessness from 2007 to 2023;4 one of the main reasons for this is the state's lack of
affordable housing, resulting in housing prices rising faster than the lowest incomes.5, 6 To address this crisis, state and local governments must
encourage a variety of shelter and housing options, including STEP, to meet 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.
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/?eventID=2024031242
6 Washington State Department of Commerce. Homelessness in Washington. March 2024.
https://app.leg.wa.gov/ReportsToTheLegislature/Home/GetPDF?fileName=CommerceReports_2023_HD_Homelessness_in_Washington_24def55e-7087-43fc-ad0c-
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).7
The law requires fully planning local governments8 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.9 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).
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
7 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.
8 Fully planning communities are all those jurisdictions in dark blue, light blue and green on the GMS Regional Variations map.
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.
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waiting for Commerce to project housing needs for each county, and some implemented policies that created additional barriers to increasing STEP
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.
State law says city codes cannot prohibit indoor emergency housing or indoor emergency shelters in areas where hotels are allowed unless the community
has already permitted such development in more than 50% of their zones within one mile of transit. Cities must also allow permanent supportive housing and
transitional housing in all areas zoned for hotels and all areas zoned for residential dwellings. (RCW 35.21.683 and RCW 35A.21.430)
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Table 1 - STEP Types and Applicable Laws
STEP Types and Applicable Laws
"S"
Emergency
Shelters
"T"
Transitional
Housing
"E"
Emergency
Housing
"P"
Permanent
Supportive Housing
The Growth Management Act and RCWs 35A.21 and 35.21 require fully planning local governments to plan for and accommodate
housing affordable to all income levels.
Y Y Y Y
RCW 35.21.683 and RCW 35A.21.430 requires cities to not prohibit indoor emergency shelters and indoor emergency housing in
zones where hotels are allowed. Cities must allow permanent supportive and transitional housing in zones where residential
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
projected housing needs.
Y Y Y 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
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
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
RCW 36.70A.545 requires fully planning cities and counties to allow increased density bonuses for any affordable housing on real
property owned or controlled by a religious organization.
Y* Y* Y
RCW 35.21.915, RCW 35A.21.360, and RCW 36.01.290 prohibit any local government from regulatory limits on encampments, safe
parking, overnight shelters, and temporary small houses on property owned or controlled by a religious organization.
Y Y
RCW 36.70A.540 gives authority to local governments to offer incentives in exchange for providing development for low-income
housing units.
Y* Y* Y
RCW 36.70A.070(2)(c) requires fully planning local governments to document how they have sufficient land use capacity for all
future housing needs by income level.
Y** Y Y
RCW 36.70A.210(3)(e) requires fully planning counties to have countywide planning policies that consider the need for housing for
all economic segments and the parameters for its distribution.
Y Y Y Y
RCW 9.94A.030(6) regulates where level two and three sex offenders may not live. Y Y Y Y
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
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
Washington State Environmental Policy Act requires all branches of government in the 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.
Y Y Y Y
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STEP Types and Applicable Laws
"S"
Emergency
Shelters
"T"
Transitional
Housing
"E"
Emergency
Housing
"P"
Permanent
Supportive Housing
Americans with Disabilities Act prohibits discrimination against individuals with disabilities and provides enforceable standards to
address discrimination.
Y Y Y Y
Fair Housing Act prohibits “neutral” policy that has a disproportionately adverse effect on a protected class. Y Y Y Y
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 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.11
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.
11 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
projects. Variations of this requirement are common in Washington’s jurisdictions.
In most cases, jurisdictions have not shown in their ordinances' findings how their spacing, occupancy and intensity of use regulations are
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
this demonstration and possibly in violation of federal fair housing laws. Their spacing requirements are also not consistent with the
Department of Commerce's recommendations that any spacing requirements should not exceed the spacing already 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.
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 submit
operations plans or agreements before they can be permitted. The required information for operations plans varies by jurisdiction. However,
common documentation requirements include:
Contact information for key staff and their roles and responsibilities
A facility management plan, including security policies and an emergency management plan
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
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
state considers these affordable housing (RCW 36.130.020).
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
involved in planning, siting, funding, permitting, building, licensing and operating STEP projects.
STEP Definitions
Washington state uses specific terms and definitions for STEP that are used throughout this report; see Chapter 1: Introduction. For the purposes of
the state’s model ordinance and this report, STEP refers to developments that meet the Washington State Residential Building Code based on the
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).
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 homes17 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.18
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 Exchange.
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.22
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, see the Department of Commerce's STEP Housing Definitions Factsheet.
23 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.
25 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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The processes and activities involved in the development of a STEP project from idea to operation, their order and the length of each can vary
significantly by project and community. In general, they include the following:
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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.27 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 webpage 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/sma14-4884.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
Revisions to RCW 36.70A.070(2) in 2021 updated requirements for how jurisdictions should plan for housing in their comprehensive plans. To
implement the new law, the Department of Commerce provides projections of housing needs for each county, including emergency housing and
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.
Encouraging STEP in locations based on their proximity to healthcare providers, transportation, job prospects and other amenities to help
promote economic mobility and access to services is an emerging best practice for housing needs allocation decisions. To meet the growing
demand for housing and other community needs, local affordable housing consultants and developers agree that successful communities will
be intentional about where STEP is located.
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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
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. 34. 35, 36 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 levels of public input. Projects permits approved by local planning staff without
public hearings are considered administrative decisions. 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 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
Type I Permit Type II Permit Type III Permit
Approval Process Administrative Administrative Discretionary Quasi-Judicial
Recommended review process for STEP
Type
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
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
Projects that do not meet the
requirements for a Type 1 or Type II
Permit.
Permitting Table Permitted
Permitted, sometimes with footnotes, OR
Administrative Conditional Use
(emergency housing and emergency
shelter ONLY, not PSH or transitional
housing)37
Conditional Use*
* Commerce recommends allowing emergency housing and emergency shelter as permitted uses whenever possible, instead of conditional uses
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 to
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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Allow permanent supportive housing and transitional housing to be permitted using the same process as housing development generally
(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
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
permit decision-making process. For example, communities can consider including this information in the messaging for public notices. If a
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
regulatory language. The primary components of the ordinance are:
Section I General: Ordinance number and title, recitals or whereas clauses, enactment clause and statement of purpose.
Section II 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.
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
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
Model Ordinance Section/Sub-section Additional Considerations
I. General
i. Ordinance Number and Title
AN ORDINANCE REGULATING THE SITING AND DEVELOPMENT OF EMERGENCY SHELTERS, TRANSITIONAL
HOUSING, EMERGENCY HOUSING AND PERMANENT SUPPORTIVE HOUSING.
or
AN ORDINANCE amending [chapter number amended] of the municipal code.
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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Model Ordinance Section/Sub-section Additional Considerations
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.
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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Model Ordinance Section/Sub-section Additional Considerations
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)
I) 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.
Model Ordinance Section/Sub-section Additional Considerations
iii. Enactment Clause
Therefore, the [approving entity, for example, City Council or Board of County Commissioners, and community name]
does ordain as follows:
Enactment Clause: The enactment cause includes who
adopted the ordinance.
Model Ordinance Section/Sub-section Additional Considerations
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.
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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Model Ordinance Section/Sub-section Additional Considerations
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.
transportation, jobs and other services, and a goal related to
supporting the broader community with the code.
Model Ordinance Section/Sub-section Additional Considerations
II. 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
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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Model Ordinance Section/Sub-section Additional Considerations
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))
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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Model Ordinance Section/Sub-section Additional Considerations
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.
Permitted by right in
areas zoned for:
Hotels/
motels
Single-
family
homes
Multi-
family
housing
Emergency Shelter P*
Transitional housing P P P
Emergency housing P*
Permanent
supportive housing P P P
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
39 For more information, see the Department of Commerce’s Multi-Family Housing Property Tax Exemption Program webpage.
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Model Ordinance Section/Sub-section Additional Considerations
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.
Reasonable for the purposes of RCW 35A.21.430 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 of permanent
supportive housing, transitional housing, indoor emergency housing or indoor emergency shelters 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
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.703, 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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Model Ordinance Section/Sub-section Additional Considerations
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
sufficient capacity and qualifications to understand the needs and challenges of STEP, and they should use objective
approval criteria.
Jurisdictions should also limit what they require in these plans to help streamline the permitting of STEP projects. For
example, an operations agreement may provide the following:
One phone number for emergencies
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)
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
comply with to receive services or to access a project (e.g., IDs, documentation, income verification, etc.).
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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Model Ordinance Section/Sub-section Additional Considerations
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]
iii. 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.
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
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.
Demonstrating Sufficient Land Capacity
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).
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
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
housing needs allocation.
Reducing Development Barriers
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.44
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.org/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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STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 33
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 local
zoning and development rules.
To encourage more STEP development, jurisdictions can consider including regulatory or permitting incentives for STEP, such as reduced or waived
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
improvements and utility connections and donate land for STEP projects.46
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.
Table 4 - Local Regulatory Barriers and Alternatives
Development regulations
for STEP include:
Do this instead:
Unclear rules and requirements that are
inconsistent with state and federal laws
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.
Regulations different from those for general
housing development
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.
Spacing requirements (e.g., minimum
distances from parks, schools or other
facilities)
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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Development regulations
for STEP include:
Do this instead:
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.
Limiting maximum densities or minimum
square footage
Do not place restrictions on STEP that are not placed on other housing or shelter types, unless it is
specifically tied to public health and safety. For STEP projects owned and/or operated by religious
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.
High off-street parking requirements and
ground-floor retail requirements
Waive or significantly reduce parking minimums for STEP projects because they serve individuals who often
lack a vehicle. Waive ground-floor retail requirements for STEP projects in mixed-use zones to help make
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
office space, within a permanent supportive
housing building in a residential zone
Waive restrictions on support spaces, which may be considered a non-residential use, within permanent
supportive housing properties in residential zones to provide its tenants with greater access to services and
amenities that can help them become self-sufficient and stably housed long term.
Facility operating and reporting requirements 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.
Requirements for coordination with local
police and fire departments
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.
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
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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Development regulations
for STEP include:
Do this instead:
plans or agreements (e.g., operations plans or
good neighbor agreements)
housing and shelter, so it is best to defer to the projects' funders' requirements, which often include client
eligibility requirements and standards for these projects' operations and services.
Conditional use permits, design review
requirements47 and discretionary review
processes48
Allow STEP outright as a permitted use ("by-right" zoning) in designated zones, do not include requirements
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
an administrative review, a jurisdiction can adopt clear criteria for review to aid judgment in making
decisions.
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 36.70B.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
Making support services optional: Some community members may be concerned about making support services optional for STEP clients.
However, support services should not be mandatory so that STEP projects do not unintentionally discriminate against clients for religious
reasons or because they are hesitant to receive outside assistance. When these services are optional, tenants can drive the type, duration and
initiation of services. Studies also show voluntary services are more effective at engaging people to participate in services than mandatory
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.52
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
Benefits of Permanent Supportive Housing Factsheet
Building a Community of Support guidance
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 comply
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
compliance, a local government may utilize its code enforcement tools, as it would with any other nuisance property or landlord.
Sex offenders near children: Some local regulations in Washington currently impose potentially discriminatory distancing requirements for
STEP related to parks, schools and daycare centers. Community protection zones for STEP projects are not needed because Washington state
law already establishes an 880-foot community protection zone around public and private schools to regulate the residency of level two and
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.55
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.org/sites/main/files/file-attachments/impact_of_supportive_housing_on_neighborhood_crime_and_propery_v2.pdf?1468431099
56 The U.S. Department of Housing and Urban Development. Housing First: A Review of the Evidence. 2023. www.huduser.gov/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
Management Act to ensure their local regulations adhere to the minimum state requirements.
General tips for adoption and implementation of STEP regulations include:
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 STEP
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
Abt 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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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ESTABLISHING INTERIM DEVELOPMENT
STANDARDS FOR EMERGENCY SHELTERS,
TRANSITIONAL HOUSING, EMERGENCY HOUSING, AND
PERMANENT SUPPORTIVE HOUSING (“STEP” HOUSING).
WHEREAS, the Washington state legislature passed House Bill 1220 (HB 1220) in 2021,
which amended the Growth Management Act (GMA) requirements for housing; and
WHEREAS, 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; and
WHEREAS, local governments must also identify local barriers to production of
affordable housing and take actions to remove those barriers; and
WHEREAS, housing targets were established for Edmonds as part of the recent periodic
Comprehensive Plan update; and
WHEREAS, Edmonds, as a high-cost community, must plan for 6,814 units of permanent
supportive and low-income housing (0-80% of Area Median Income) over the next 20 years; and
WHEREAS, these targets informed the development of the Comprehensive Plan goals
and policies regarding supportive housing; and
WHEREAS, this ordinance addresses 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 all
zones where hotels are currently allowed in Edmonds: Commercial Waterfront
(CW) Community Business (BD), Downtown Business (BD), and General
Commercial (CG);
• Permanent supportive housing and transitional housing as permitted in all zones
where residential dwelling units or hotels are allowed; and
9.1.d
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WHEREAS, pursuant to RCW 36.70A.390, this interim ordinance may be adopted
without first holding a public hearing; and
WHEREAS, the city council intends to follow this ordinance with a permanent set of
regulations that implement HB 1220; and
WHEREAS, the forthcoming permanent regulations and related public participation
processes will give the city council an opportunity to consider additional housing options for tiny
houses and shelters, temporary pallet shelters, tent encampments, and safe parking areas, which
are not included in these interim regulations; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. A new chapter 17.125, entitled “Emergency Shelter, Transitional Housing,
Emergency Housing, and Permanent Supportive Housing (STEP Housing),” is hereby added to
read as shown in Exhibit A, which is attached hereto and incorporated herein as if set forth in
full.
Section 2. Sunset. This interim ordinance shall remain in effect for 180 days from the
effective date or until it is replaced with another ordinance adopting permanent regulations, after
which point it shall have no further effect.
Section 3. Public Hearing on Interim Standards. Pursuant to RCW 36.70A.390 and RCW
35A.63.220, the city council shall hold a public hearing on this interim ordinance within sixty
(60) days of its adoption. In this case, the hearing shall be held on January 28, 2025 unless the
city council, by subsequently adopted resolution, provides for a different hearing date.
Section 4. Adoption of Findings. The city council hereby adopts the “whereas” clauses,
above, as the findings of fact justifying this action, as required by RCW 36.70A.390.
Section 5. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
9.1.d
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Section 6. Effective Date. This ordinance being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MAYOR MIKE ROSEN
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
9.1.d
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4
SUMMARY OF ORDINANCE NO. __________
of the City of Edmonds, Washington
On the ____ day of ___________, 2024, the City Council of the City of Edmonds, passed
Ordinance No. _____________. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ESTABLISHING INTERIM
DEVELOPMENT STANDARDS FOR EMERGENCY
SHELTERS, TRANSITIONAL HOUSING,
EMERGENCY HOUSING, AND PERMANENT
SUPPORTIVE HOUSING (“STEP” HOUSING).
.
The full text of this Ordinance will be mailed upon request.
DATED this _____ day of ________________, 2024.
CITY CLERK, SCOTT PASSEY
4840-7251-8158, v. 1
9.1.d
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Draft ECDC Chapter 17.125, STEP Housing Page 1 of 2
Chapter 17.125
Emergency Shelter, Transitional Housing, Emergency Housing, and Permanent
Supportive Housing (STEP Housing)
Sections:
17.125.000 Purpose.
17.125.010 Applicability.
17.125.020 Definitions.
17.125.030 Regulations.
17.125.000 Purpose.
The purpose of this chapter is to:
A. Ensure compliance with the State of Washington’s Growth Management Act and other laws.
B. Support the implementation of Edmonds’s comprehensive plan.
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.
17.125.010 Applicability.
A. Where this chapter conflicts with any other, this chapter prevails.
17.125.020 Definitions.
The following definitions apply to this chapter:
A. “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)]
9.1.e
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Draft ECDC Chapter 17.125, STEP Housing Page 2 of 2
B. “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)]
C. “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)]
D. “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)]
E. “Temporary”, as applied in this chapter, applies to the person and how long they reside in
STEP housing, not the structure or length of time for the land use.
F. “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)]
17.125.030 Regulations.
A. Permitted zones for STEP Housing.
1. Indoor emergency shelters and indoor emergency housing are permitted in all zones in
which hotels are allowed.
2. Permanent supportive housing and transitional housing are permitted in all zones where
residential dwelling units or hotels are allowed .
B. Expectations
1. Nuisances and criminal behavior are subject to enforcement to the full extent of the city’s
code and state law.
2. Evictions of residents for unsafe actions are not precluded by city codes.
9.1.e
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City Council Agenda Item
Meeting Date: 02/11/2025
Resolution Extending Temporary Emergency Sick Leave Policy
Staff Lead: RaeAnn Duarte
Department: Human Resources
Preparer: RaeAnn Duarte
Background/History
The federal Families First Coronavirus Response Act was passed by Congress on March 18,
2020. It includes two different employee leave acts. The Emergency Family and Medical Leave
Expansion Act provides paid and unpaid leave to employees who need to care for a minor child
due to a COVID-19-related school or child care closure. The Emergency Paid Sick Leave Act
provides paid leave to employees based on their own COVID-19 health related issues --
individuals who are caring for someone with COVID-19 issues, or who need to care for a minor
child due to a COVID-19-related school or child care closure.
The provisions of the laws had been implemented on or before April 2, 2020 and expired on
December 31, 2020. At this time, congress has not made any changes to extend the provisions of this
legislation. On March 11, 2024, the City Council approved a resolution, which extended the Emergency
Sick Leave benefits provided under the Policy through February 28, 2025.
Staff Recommendation
Approve extension of the Emergency Sick Leave Policy through February 28, 2026.
Narrative
The need for emergency sick leave remains due to the ongoing impact of the Coronavirus and its
emerging variants. Employees still need to quarantine as a public health measure when diagnosed with
COVID-19, exposed to COVID-19 and experiencing symptoms, or when caring for family member that
has been diagnosed. Providing appropriate sick leave to allow employees to quarantine is a public health
measure that directly impacts mitigating the spread of COVID-19. Continuing this policy is in the public
interest and in the best interest of the employees of the City and protecting continuity of services of the
City. The continuation of Emergency Sick leave will not increase the 2025 or 2026 budget; therefore,
this does not require a budget amendment. The resolution does not add additional leave to the
Employee's Emergency Sick leave bank, but it allows the use of remaining balances for COVID-related
absences.
Attachments:
Families First Coronavirus Response Act Policy 4839-2937-9512 (V.4)
Resolution to Continue Emergency Sick Leave 2.3.2025
10.1
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City of Edmonds
Families First Coronavirus Response Act Policy
This policy provides temporary protected leave and paid leave benefits for certain
absences arising from the COVID-19 outbreak in accordance with the federal Families
First Coronavirus Response Act (FFCRA). The benefits available under this policy are
available beginning on April 1, 2020. This policy will be administered in accordance
with the FFCRA statute and forthcoming federal regulations and guidance.
The FFCRA provides for two categories of leave. The first expands existing FMLA
coverage to provide up to 12 weeks of partially-paid Public Health Emergency Leave
(“PHEL/FMLA”) for eligible employees forced to miss work due to closure of their child’s
school or the unavailability of the child’s childcare provider for reasons related to
COVID-19. The second provides up to 10 days of Emergency Sick Leave for various
reasons related to the COVID-19 outbreak. Details regarding each category of leave
are provided in the sections below.
Public Health Emergency Leave (PHEL/FMLA)
Eligibility. Employees who have worked for the Employer for at least 30 calendar days
are eligible for PHEL/FMLA leave. An employee need not meet the eligibility
requirements for regular FMLA (12 months of employment and 1250 hours worked in
the prior year) to be eligible for PHEL/FMLA.
Leave Entitlement. An eligible employee may take up to 12 weeks of protected leave if
the employee is unable to work, or telework (See Telework Assessment at the end of
this policy), based on a need to care for the employee’s child under age 18 because the
child’s school or place of care has been closed, or the child’s child care provide r is
unavailable due to a public health emergency. A public health emergency means an
emergency with respect to COVID-19 declared by a federal, state, or local authority.
PHEL/FMLA may be taken intermittently only if approved by the Employer.
PHEL/FMLA is part of an employee’s regular FMLA leave entitlement. Accordingly, if
an employee has already used FMLA for other purposes during the FMLA leave year,
the amount of available PHEL/FMLA will be reduced by the amount of FMLA leave
already taken. PHEL/FMLA leave will be available through December 31, 2020.
Pay Entitlement. The first 10 days of PHEL/FMLA will be unpaid, although employees
may elect to use accrued leave or Emergency Sick Leave during this period. For leave
beyond the first 10 days, the law requires that Employers pay two-thirds of the
employee’s regular pay, up to a maximum of $200 per day or $10,000 in the aggregate .
The City of Edmonds has chosen to pay this benefit at 100% and will not apply caps to
the benefit.
Pay is calculated based on the number of hours an employee would otherwise have
been scheduled to work. For employees with variable hours, hours will be determined
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based on the average number of hours scheduled over the six-month period preceding
the leave (including paid leave hours) or on a reasonable expectation at the time of hire
as to the hours per day the employee would normally be scheduled to work.
Notification: Verification. Employees who need to take PHEL/FMLA leave should notify
Human Resources as soon as practicable after the need for leave arises. An employee
seeking PHEL/FMLA leave must submit documentation establishing a school closure or
unavailability of child care (which may include a post from a school district website,
email from a school or provider, etc.).
Other. This policy will be administered consistent with the City’s existing Family and
Medical Leave (FMLA) policy, except as modified by the FFCRA.
Emergency Sick Leave
Eligibility. All employees of the City are eligible for up to 80 hours of Emergency Sick
Leave based on their work schedule. Emergency Sick Leave may be fully paid or
partially paid, depending on the reason for taking leave (see bel ow).
Covered Reasons for Using Emergency Sick Leave: Employees are entitled to use
Emergency Sick Leave when they are unable to work, or telework (See Telework
Assessment at the end of this policy), for any of the following reasons:
1. The employee is subject to a federal, state, or local quarantine or isolation order
related to COVID-19. (Please note: the Department of Labor has updated the
advisement that a state or local “stay at home” or “shelter in place” order does
qualify under this reason. For the purposes of Emergency Sick Leave, a
quarantine or isolation order includes quarantine, isolation, containment, shelter-
in-place, or stay-at-home orders issued by any Federal, State, or local
government authority that cause the Employee to be unable to work even
though his or her Employer has work that the Employee could perform but for the
order.
2. The employee has been advised by a health care provider to self -quarantine due
to concerns related to COVID-19.
3. The employee is experiencing symptoms of COVID-19 and is seeking a medical
diagnosis.
4. To care for an individual who is self-isolating for one of the reasons described in
(1) or (2) above. Per DOL regulations “individual” means an employee’s
immediate family member, a person who regularly resides in the employee’s
home, or a similar person with whom the employee has a relationship that
creates an expectation that the employee would care for the person if he or she
were quarantined or self-quarantined. For this purpose, “individual” does not
include persons with whom the employee has no personal relationship.
5. To care for the employee’s child under age 18 due to closure of the child’s school
or unavailability of the child’s childcare provider due to COVID-19 precautions. A
“child” is defined the same as under the FMLA; i.e., a biological, adopted, or
foster child, a stepchild, a legal ward, or a child of a person standing in loco
10.1.a
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parentis who is either under 18 years of age or is 18 years of age or older and
“incapable of self-care because of a mental or physical disability” at the time
leave is to commence.
6. The employee is experiencing any other substantially similar condition specified
by the Secretary of Health and Human Services in consultation with the
Secretary of the Treasury and the Secretary of Labor.
Paid Leave Entitlement. Full-time employees are entitled to up to 80 hours of
Emergency Sick Leave. Part-time employees are entitled to the Emergency Sick Leave
equal to number of hours they typically work over a two-week period. For employees
with variable hours, hours will be determined based on the average number of hours
scheduled over the six-month period preceding the leave (including paid leave hours) or
on a reasonable expectation at the time of hire as to the hours per day the employee
would normally be scheduled to work. Any Emergency Sick Leave available under this
policy is in addition to accrued leave to which an employee was already entitled under
existing City policies or labor agreements.
Pay Entitlement and Caps on Benefit: The law states that where leave is taken for
reasons (4), (5), and (6) listed above, the benefit may be limited to no less than two-
thirds the employee’s regular rate of pay and where Emergency Sick Leave is taken for
reasons (1), (2), or (3) above (which cover leave due to the employee’s own health or
quarantine), the paid sick leave benefit is equal to the employee’s regular rate of pay.
The City has chosen to provide this benefit at 100% of the emp loyee’s regular rate of
pay for all reasons covered by this law. Accordingly, the City will not be applying the
daily and aggregate caps to this benefit.
Use of Paid Sick Leave; Sequencing with Other Leave; Intermittent Use. Employees
may access Emergency Sick Leave for a covered reason before exhausting other
accrued leaves. If an absence is covered by this Emergency Sick Leave policy and the
PHEL/FMLA policy above, the employee may elect to use Emergency Sick Leave
during the first 10 days of PHEL/FMLA in order to remain in paid status.
If an employee is using Emergency Sick Leave intermittently due to a closure of a
child’s school or unavailability of the childcare provider, the employee may take leave
intermittently only with the City’s approval. An employee may also use Emergency Sick
Leave intermittently with Employer approval if unable to telework his/her normal
schedule of hours due to a qualifying reason (for example, if an employee can telework
in the morning, but needs to care for a child in the afternoon due to a school closure).
Per Department of Labor guidance, where an employee is not teleworking, intermittent
use of Emergency Sick Leave is not permitted when leave is taken for reasons (1), (2),
(3), (4), or (6) above. In such cases, Emergency Sick Leave must be taken in full-day
increments and once leave is initiated for one of these reasons, the employee must
continue to use Emergency Sick Leave until either (i) the full amount of Emergency Sick
Leave has been used; or (ii) the employee no longer has a qualifying reason for taking
Emergency Sick Leave. The Department of Labor has explained that this requirement
is imposed because if an employee is actually or possibly sick with COVID-19, or is
caring for someone who is sick or possibly sick with COVID-19, the intent of the law is
to provide paid leave to prevent the spread of the virus.
10.1.a
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Carryover; Termination of Benefit. The Emergency Sick Leave Benefit expires on
December 31, 2020; any unused Emergency Sick Leave will not be carried over to the
next calendar year or merged into other leave banks. Additionally, the entitlement to
Emergency Sick Leave ceases beginning with the employee’s next scheduled work shift
immediately following the termination of the need for paid sick leave. However, to the
extent an employee subsequently needed additional time off for another covered reason
prior to December 31, 2020, the employee could use any remaining Emergency Sick
Leave available.
Notification. An employee who needs to take Emergency Sick Leave should notify
Human Resources as soon as practicable. After the first workday (or portion thereof)
that an employee takes Emergency Sick Leave, the employee must follow departmental
notice requirements required for continued use of regular sick leave.
Verification. An employee requesting Emergency Sick Leave must: specify the
qualifying reason for requesting leave; state that the employee is unable to work or
telework, for that specified reason; and provide the date(s) for which leave is requested.
The Department of Labor also requires that the City obtain documentation supporting
the leave request. Documentation may include, for example, a copy of the federal, state
or local quarantine or isolation order related to COVID-19; written documentation from a
health care provider advising the individual to self -quarantine due to COVID-19; or
documentation from the employee’s child’s school or childcare provider of closure (such
as website posting or email).
Documentation for both Public Health Emergency Leave and Emergency Paid Sick
Leave. DOL regulations state that an employee seeking PHEL/FMLA or EPSL leave
must provide the employer with documentation containing: (i) the employee’s name; (ii)
date(s) for which leave is requested; (iii) qualifying reason for the leave; and (iv) an oral
or written statement that the employee is unable to work due to the qualifying reason.
Depending on the type of leave being requested, DOL regulations require that an
employee provide the following additional information to substantiate the leave request:
o Where ESPL is requested due to a quarantine or isolation order, the name of the
government entity issuing the order;
o Where EPSL is requested due to the recommendation of a health care provider to
self-quarantine, the name of the health care provider making the recommendation; or
o For PHEL/FMLA leave or where EPSL is used to care for a child due to a school
closure or the unavailability of a childcare provider, the emplo yee must also provide:
▪ name of the son or daughter being cared for;
▪ name of the school, place of care or childcare provider that has closed or become
unavailable; and
▪ a representation that no other suitable person will be caring for the child during the
period for which the employee is taking leave.
If the child needing care is older than 14 and the care is during daylight hours, a
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statement that “special circumstances” exist requiring the employee to care for the child
is required.
Telework Assessment for both Public Health Emergency Leave and Emergency Paid
Sick Leave. According to DOL regulations, an employee is able to telework if: “(a) his or
her Employer has work for the Employee; (b) the Employer permits the Employee to
work from the Employee’s location; and (c) there are no extenuating circumstances
(such as serious COVID-19 symptoms) that prevent the Employee from performing that
work. Extenuating circumstances include the need to care for a child where the child’s
school or place of daycare is closed and the child being at home precludes the
employee from effectively preforming work remotely. In such situations the ability of the
employee to work intermittently will be explored prior to any approval of a block of time
off. Telework may be performed during normal hours or at other times agreed by the
Employer and Employee.”
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RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, TO CONTINUE THE EMERGENCY SICK LEAVE
BENEFITS OF THE CITY’S FAMILIES FIRST CORONAVIRUS RESPONSE
ACT POLICY THROUGH FEBRUARY 28, 2026.
WHEREAS, the City enacted its Families First Coronavirus Response Act Policy (hereinafter
“Policy”) on April 2, 2020; and
WHEREAS, the federal Families First Coronavirus Response Act, upon which the Policy is based,
expired by its terms on December 31, 2020; and
WHEREAS, on January 5, 2021, the City Council approved Resolution 1466, which extended the
Emergency Sick Leave benefits provided under the Policy through June 30, 2021; and
WHEREAS, on August 3, 2021, the City Council approved Resolution 1478, which extended the
Emergency Sick Leave benefits provided under the Policy through March 31, 2022; and
WHEREAS, on April 19, 2022, the City Council approved Resolution 1489, which extended the
Emergency Sick Leave benefits provided under the Policy through February 28, 2023; and
WHEREAS, on March 7, 2023, the City Council approved Resolution 1517, which extended the
Emergency Sick Leave benefits provided under the Policy through February 29, 2024; and
WHEREAS, on March 11, 2024, the City Council approved Resolution 1540, which extended the
Emergency Sick Leave benefits provided under the Policy through February 28, 2025; and
WHEREAS, due to the continuing COVID-19 pandemic, and the need to continue to have
employees quarantine as a public health measure, the City Council has determined that it is in the
public interest to continue to provide City employees with the Emergency Sick Leave benefits
provided by the Policy for an additional twelve months, from March 1, 2025 and continuing through
Februrary 28, 2026, unless the federal government enacts new legislation providing for such benefits
before that date; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
Section 1. The Emergency Sick Leave provisions of the City’s Families First Coronavirus
Response Act Policy, enacted on April 2, 2020, will continue in effect through February 28, 2026,
unless the federal government enacts new legislation providing for such benefits before that date.
The remainder of the Policy expired by its terms on December 31, 2020.
Section 2. The references to “December 31, 2020” in the “Carryover; Termination of Benefit”
section of the Emergency Sick Leave provisions of the Policy, which were previously extended to
June 30, 2021, again to March 31, 2022, again to February 28, 2023, again to February 29, 2024, and
again to February 28, 2025, are hereby revised to read “February 28, 2026.” In the event the federal
10.1.b
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government enacts new legislation providing for emergency sick leave benefits such as those
provided for in the Policy, the remainder of the Policy will terminate as of the effective date of the
federal legislation. If no such new legislation is enacted on or before Feburary 28, 2026, the
Emergency Sick Leave provisions of the Policy shall expire on that date.
RESOLVED this _____ day of __________ 2025.
CITY OF EDMONDS
_______________________
MAYOR, MIKE ROSEN
ATTEST:
CITY CLERK, SCOTT PASSEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. ____
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City Council Agenda Item
Meeting Date: 02/11/2025
Prosecuting Attorney Contract Amendment
Staff Lead: Jessica Neill Hoyson
Department: Human Resources
Preparer: Jessica Neill Hoyson
Background/History
On 12/03/24, City Council approved the selection of the Walls Law Firm to continue to provide
prosecutorial services for the City. City council requested specific provisions in the contract to address
the current backlog, any future backlog, contract performance oversight and recourse for failure to
meet the terms of the contract. Sharon Cates and Angela Tinker have worked with Mr. Walls to finalize
the contract amendment.
On 1/21/25 the contract amendment was presented to committee. The committee requested
additional language to address the following: Increase the liquidated damages limit and address
compensation should the firm lose the additional attorney during the term of the contract.
Mr. Walls and the City have met and discussed the contract terms and believe that the contract being
presented will address the needs of both the City and the Walls Law Firm.
Staff Recommendation
Approve the amendment for prosecutor services with the Walls Law Firm.
Narrative
Please see attached contract amendment. The underlying contract is attached as well for reference.
Attachments:
Walls Law Firm Prosecuting Attorney Legal Services Agreement (final) 6.14.2023 SIGNED
Amendment No. 1 - Walls Law Firm PSA 1.31.20252
10.2
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Has the original &LW\contract boilerplate language been modified?
Yes No
If yes, specify which sections have been modified:
Description
of Services:
Type of Contract:
(GR) Grants (I) Intergovernmental Agreement (L) Lease Agreement
Bid/RFP Number:
(S) Purchase of Services (W) Public Works (O) Other
Effective Date: Completion Date:
Originator:Routed by:
Department/Division:Date:
Name of Consultant/Contractor:
CONTRACT TITLE:
Total Amount of Contract:
Budget #
Budget #
Budget #$PRXQW
Are there sufficient funds in the current budget to cover this contract?
Yes No
Remarks:
Authorization Level:
Project Manager
Risk Management/Budget
City Attorney
Consultant/Contractor
2WKHU
City Council Approval
Date (if applicable)
Mayor
City Clerk
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CONTRACT ROUTING FORM
No.
(City Clerk Use Only)
$PRXQW
$PRXQW
Human Resources Emily Wagener
06/23/2023
The Walls Law Firm
Contract for Prosecuting Services
✔
6/20/2023
07/01/2023
✔
✔
✔
✔
Council
06/30/2026
DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38
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PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT (“Agreement”) is made and entered into between the City of
Edmonds, a Washington municipal corporation (hereinafter referred to as the “City”), and the Walls
Law Firm (hereinafter referred to as the “Consultant”).
WHEREAS, the City has established its municipal court under the provisions of Chapter
3.50 RCW and Edmonds City Code 2.15; and
WHEREAS, the City wishes to contract with a skilled consultant with attorneys familiar
with the prosecution of criminal and infraction matters involving allegations of violation of
municipal ordinances; and
WHEREAS, the Consultant and its attorneys are licensed to practice law in the State of
Washington and have experience as prosecutors within the State of Washington;
NOW THEREFORE, in consideration of the mutual promises and benefits to be derived,
this Agreement is entered into on a date specified hereafter between the City and the Consultant,
subject to the terms and conditions set forth below:
1. Scope of work. The scope of work shall include all services and material necessary
to accomplish the above-mentioned objectives in accordance with the Scope of Services that is
marked as Exhibit A, attached hereto and incorporated herein by this reference.
2. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work, and shall consist of the following:
2.1. Compensation. The Consultant shall be compensated in accordance with the Fee
Schedule that is marked as Exhibit B, attached hereto and incorporated herein by
this reference.
2.2 Fees Review. The schedule of fees provided for in paragraph 2.1 shall apply for
the contract period reflected in Article 4.
2.3 Costs. The City shall be the sole obligor and shall pay all witness fees, expert
witness fees (including but not limited to Speed Measuring Device Experts),
interpreters’ fees, and transcript and document fees determined to be necessary by
the Consultant in the preparation and disposition of its cases. The City shall
approve all other anticipated fees before such expense is incurred. The City will
not unreasonably delay in granting approval of such expenses. The City further
agrees to hold the Consultant harmless from such expenses and costs as set forth
hereinabove. The Consultant intends to use an electronic case management system,
the costs for which shall be negotiated by the parties.
2.4 Assistant Prosecutors. The City contracts with the Consultant for a monthly fee for
prosecution services. Should the Consultant be absent, it shall be the responsibility
of the Consultant to provide substitute coverage with a properly licensed State of
Washington attorney, who has been previously approved by the City through its
DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38
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Police Chief. In the event of a dispute regarding approval of any individual, the
Edmonds City Council shall be final arbiter. All individuals providing services
under this Agreement (including substitute attorneys) must wear City-issued
identification when in the Public Safety Building.
2.5 Conflict Prosecutors. If a “Conflict Prosecutor” is required, such “Conflict
Prosecutor” shall be approved by the City through its Police Chief. In the event of
a dispute regarding approval of any individual, the Edmonds City Council shall be
final arbiter. The Consultant is responsible for any costs associated with the
“Conflict Prosecutor.”
3. Ownership and use of documents. All City files and other documents maintained
by the Consultant shall be the files of the City and accessible by the City through its City Attorney or
other duly authorized representative during normal business hours, subject to the Washington State
Bar Association Rules of Ethics. At the request of the City, any and all files maintained by the
Consultant shall be tendered to the City, subject to the terms and conditions of this Agreement and
the Washington State Bar Association Rules of Ethics. All equipment and facilities furnished by the
City shall remain the sole property of the City. Any equipment, facilities and materials provided by
the Consultant shall remain the sole property of the Consultant.
4. Term of agreement. The term of this Agreement shall be from July 1, 2023
through June 30, 2026, unless extended or terminated according to its terms. Consultant shall
perform the work authorized by this Agreement promptly in accordance with the receipt of the
required governmental approvals.
5. Hold harmless agreement. The Consultant shall indemnify and hold the City and
its officers and employees harmless from and shall process and defend at its own expense all claims,
demands, or suits at law or equity arising in whole or in part from the Consultant’s negligence or
breach of any of its obligations under this Agreement; provided that nothing herein shall require
the Consultant to indemnify the City against and hold harmless the City from claims, demands or
suits based solely upon the conduct of the City, its agents, officers and employees; and provided
further that if the claims or suits are caused by or result from the concurrent negligence of: (a) the
Consultant’s agents or employees; and (b) the City, its agents, officers and employees, this
indemnity provision with respect to: (1) claims or suits based upon such negligence; and/or (2) the
costs to the City of defending such claims and suits shall be valid and enforceable only to the extent
of the Consultant’s negligence or the negligence of the Consultant’s agents or employees.
The Consultant shall comply with all applicable sections of the applicable Ethics laws, including
RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The
Consultant specifically assumes potential liability for actions brought by the Consultant’s own
employees against the City and, solely for the purpose of this indemnification and defense, the
Consultant specifically waives any immunity under the state industrial insurance law, Title 51
RCW.
6. General and professional liability insurance . The Consultant shall procure and
maintain for the duration of the Agreement, insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of the work
hereunder by the Consultant, its agents, representatives, or employees. Consultant’s maintenance
of insurance as required by this Agreement shall not be construed to limit the liability of the
Consultant to the coverage provided by such insurance, or otherwis e limit the City’s recourse to
any remedy available at law or in equity.
DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38
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The Consultant shall obtain insurance of the types described below from insurers licensed to do
business in the State of Washington, and which have a current A.M. Best rating of not less than A:VII:
A. Worker’s Compensation and employer’s liability insurance as required by the Industrial
Insurance laws of the State of Washington.
B. Commercial General Liability and property damage insurance shall be written on Insurance
Services Office (“ISO”) occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors and personal injury and advertising injury. The
City shall be named as an insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City. Commercial General
Liability insurance shall be written with limits no less than one million dollars ($1,000,000)
per occurrence and two million dollars ($2,000,000) general aggregate.
C. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on ISO occurrence form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage. Automobile Liability coverage shall have a minimum combined
single limit for bodily injury and property damage of one million dollars ($1,000,000) per
accident.
D. Professional Liability insurance appropriate to the Consultant’s profession. Professional
Liability insurance shall be written with limits no less than one million dollars ($1,000,000) per
claim and one million dollars ($1,000,000) policy aggregate limit. The Consultant’s
Commercial General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, that they shall be primary insurance as respect to the City. Any insurance,
self-insurance, or insurance pool coverage maintained by the City shall be in excess of the
Consultant’s insurance and shall not contribute with it. Excepting the Worker’s Compensation
Insurance and Professional Liability Insurance secured by the Consultant, the City will be
named on all policies as an additional insured. The Consultant shall furnish the City with
verification of insurance in the form of original certificates and copies of any amendatory
endorsements required by the Agreement evidencing the insurance requirements before
commencement of the work. The City reserves the right to require complete, certified copies of
all required insurance policies at any time.
The Consultant shall provide the City with written notice of any policy cancellation within two (2)
business days of their receipt of such notice.
The Consultant’s professional liability to the City shall be limited to the amount payable under this
Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere
in this Agreement. In no case shall the Consultant’s professional liability to third parties be limited
in any way.
Failure on the part of the Consultant to maintain the insurance as required shall constitute a material
breach of contract, upon which the City may, after giving five (5) business days’ notice to the
Consultant to correct the breach, immediate terminate this Agreement or, at its discretion, procure
or renew such insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to the City on demand, or at the sole discretion of the City, offset against
funds due the Consultant from the City.
7. Discrimination prohibited. Consultant shall not discriminate against any
employee or applicant for employment because of race, creed, color, religion, national origin, age,
sex, marital status, sexual orientation, honorably discharged veteran or military status, liability for
service in the armed forces of the United States, disability, or the presence of any sensory, mental,
or physical disability, the use of a trained dog guide or service animal by a person with a disability,
or any other protected class status, unless based upon a bona fide occupational qualification.
DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38
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8. Consultant is an independent contractor . The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative of
the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives
and subcontractors during the performance of this Agreement.
9. City approval of work and relationships. Notwithstanding the Consultant's
status as an independent contractor, results of the work performed pursuant to this Agreement must
meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform
work for any party with respect to any property located within the City of Edmonds or for any
project subject to the administrative or quasi-judicial review of the City without written notification
to the City and the City’s prior written consent.
10. Termination. The attorney/client relationship is personal and involves the ability
of the parties to communicate and maintain credibility. This is an agreement for legal services and
given the requirements of the Agreement, the City or Consultant may terminate the Agreement for
any reason upon one hundred twenty (120) days’ notice . In the event of termination, work in
progress will be completed by Consultant if authorized by the City under terms acceptable to both
parties. If completion of work in progress is not authorized or acceptable terms cannot be worked
out, Consultant will submit all unfinished documents, reports, or other material to City and
Consultant will be entitled to receive payment for any and all satisfactory work completed prior to
the effective date of termination.
11. Integration. The entire agreement between the parties shall consist of this
document and the Scope of Services, attached hereto as Exhibit A , and the Fee Schedule attached
hereto as Exhibit B. These writings constitute the entire Agreement of the parties and shall not be
amended except by a writing executed by both parties. In the event of any conflict between this
written Agreement and any provision of Exhibit A or Exhibit B, this Agreement shall control.
12. Changes/Additional Work/Extension. The City may engage Consultant to
perform services in addition to those listed in this Agreement, and Consultant will be entitled to
additional compensation for authorized additional services or materials. The City shall not be liable
for additional compensation until and unless any and all additional work and compensation is
approved in advance in writing and signed by both parties to this Agreement. If conditions are
encountered which are not anticipated in the Scope of Services, the City understands that a revision
to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph
shall be interpreted to obligate the Consultant to render services, or the City to pay for services
rendered, in excess of the Scope of Services in Exhibit A unless or until an amendment to this
Agreement is approved in writing by both parties. This Agreement may be extended for one or
more years on the same terms as set forth herein upon written amendment signed by the parties.
13. Standard of Care. Consultant represents that Consultant has the necessary
knowledge, skill and experience to perform services required by this Agreement. Consultant and
any persons employed by Consultant shall use their best efforts to perform the work in a
professional manner consistent with sound legal practices, in accordance with the schedules herein
and in accordance with the usual and customary professional care required for services of the type
described in the Scope of Services.
14. Non-waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
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15. Non-assignable. The services to be provided by the Consultant shall not be
assigned or subcontracted without the express written consent of the City.
16. Covenant against contingent fees. The Consultant warrants that he/she/they/it
has not employed or retained any company or person, other than a bona fide employee working
solely for the Consultant, to solicit or secure this Agreement, and that he/she/they/it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the
Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award of making of this Agreement. For breach or violation
of this warranty, the City shall have the right to annul this Agreement without liability or, in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full amount
of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
17. Compliance with laws. The Consultant in the performance of this Agreement
shall comply with all applicable Federal, State or local laws and ordinances, including regulations
for licensing, certification and operation of facilities, programs and accreditation, and licensing of
individuals, and any other standards or criteria as described in the Agreement to assure quality of
services.
The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes
that may be or become due on account of this Agreement.
18. Notices. Notices to the City shall be sent to the following address:
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Notices to the Consultant shall be sent to the following address:
The Walls Law Firm
16300 Christensen Road, Suite 360
Tukwila, WA 98188
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the
U.S. mails, with proper postage and properly addressed.
DATED THIS day of 2023.
CITY OF EDMONDS THE WALLS LAW FIRM
Michael Nelson, Mayor Renee G. Walls, Managing Partner
ATTEST/AUTHENTICATED:
Scott Passey, City Clerk
DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38
June26
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APPROVED AS TO FORM:
Office of the City Attorney
STATE OF WASHINGTON )
)ss
COUNTY OF )
On this day of 2023, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Renee G. Walls, Managing Partner of The Walls Law Firm, to me
known to be the person who executed the foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said person, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
NOTARY PUBLIC
My commission expires:
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Exhibit A
Scope of Services
The Consultant will provide the following services, which are understood to include all
services relating to general criminal prosecution services, appellate work, infraction cases
with an attorney or involving accidents, Extreme Risk Protection Orders, an imal control
matters, other civil matters, and civil forfeiture cases :
1. Review police incident reports for determination of charging;
2. Maintain all current cases in an appropriate filing system;
3. Review and remain familiar with filed criminal misdemeanor and gross misdemeanor
cases;
4. Interview witnesses as necessary in preparation of prosecution cases;
5. Respond to discovery requests, make sentence recommendations and pr epare legal
memoranda, when necessary;
6. Prepare cases for trial, including the issuance of witness subpoenas (for service by
the Police Department, when applicable), conduct evidence retrieval (with the
assistance of the Police Department and other City agencies), and prepare jury
instructions, as necessary;
7. Represent the City at all arraignments, pretrial hearings, motion hearings, review
hearings, in-custody hearings and trials on scheduled court days;
8. Prosecute contested code and traffic infraction violations which are scheduled on
the regular criminal calendar;
9. Represent the City in the prosecution of drug, felony, and firearm forfeitures that are
filed by the City in the Edmonds Municipal Court. Notice of Intended Forfeitures
and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of
receipt of Notice of Demand for Hearing;
10. Represent the City in all stages of appeals.
11. Be available to the Police Department for questions at all reasonable times, by
providing appropriate telephone numbers, cell phone numbers, e-mail addresses,
and voice mail access. Calls shall be returned as soon as practicable.
At a time and date to be mutually agreed upon by the parties, the Consultant shall
conduct yearly training with the Police Department.
The Consultant maintains a business office in the City of Edmonds and Police
Officers may meet with the Consultant during normal business hours, when the
Consultant is available;
12. Consult with the City Attorney, as needed, regarding Edmonds City Code
amendments;
DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38
10.2.a
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13. Community Court. The Court may institute a Community Court after consultation
with the Consultant and others. The Consultant shall represent the City in
Community Court hearings, which are anticipated to be located within the Edmonds
city limits;
14. Defend the Edmonds Police Department in impound/tow hearings;
15. Defend the Edmonds Police Department in dangerous dog appeals and potentially
dangerous dog appeals;
16. Advise the Edmonds Police Department on interpretation and implementation of
new criminal laws and new laws relating to criminal laws.
Services provided under this Agreement play an important part in fostering public confidence
in the criminal justice system and are an important and essential part of law enforcement. All
services provided under this Agreement shall be in accord with the Rules of Professional
Responsibility, local court rules and the normal standard of care among prosecutors in
Western Washington.
DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38
10.2.a
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Exhibit B
Fee Schedule
1. Base Fee. The Consultant shall receive a retainer in the amount of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) per month for performance of any and all services
required to provide municipal prosecution services for the city of Edmonds, including but
not limited to those services set forth in Exhibit A Scope of Services, with the exception of
those specifically listed in Section 2, below. This rate will be adjusted on a yearly basis. The
Consultant shall provide the City with an adjusted monthly retainer amount in writing on
July 1 of each year. The yearly adjustment shall be based on a three-year rolling average of
One Hundred Percent (100%) Seattle-Tacoma-Bellevue CPI-U, averaging the current year
with the previous two years to determine the adjustment percentage.
2. Additional Fees. The Consultant shall bill for the following services at the rates set forth
below. If services are not expressly included in this section, they are understood to be
included in the Base Fee.
a. Non-criminal services, including but not limited to Extreme Risk Protection Orders,
animal control matters, or other civil matters – $250.00 per hour
b. Civil forfeiture cases – flat fee of $300.00 per case unless removed from a hearing
before the chief law enforcement officer, then billed at $150.00 per hour thereafter
In the event that the Court increases the number of court days over the amount currently in
effect at the execution of this Agreement, including the addition of a Community Court, or if a
significant change in filing processes is implemented, the parties will negotiate appropriate
fees for additional services necessitated by such changes.
DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38
10.2.a
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AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WHEREAS, the City of Edmonds, a Washington municipal corporation (hereinafter referred
to as the “City”), and the Walls Law Firm (hereinafter referred to as the “Consultant”), entered into an
underlying agreement for the Consultant’s services as the Prosecuting Attorney for the City of
Edmonds Municipal Court, dated June 26, 2023 (hereinafter referred to as the “Underlying
Agreement”); and
WHEREAS, Section 12 of the Underlying Agreement (“Changes/Additional
Work/Extension”) provides that revisions to the terms of the agreement will be effective only upon the
approval by both parties of a written amendment thereto; and
WHEREAS, the City and the Consultant have agreed to add certain provisions to the
Underlying Agreement, extend the term thereof, and increase the fees due to the Consultant in payment
for the services to be provided;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and
between the parties thereto as follows:
1. The Underlying Agreement, which is incorporated by this reference as if fully set forth
herein, is amended in, but only in, the following respect s:
A. Payments. The Fee Schedule set forth in Exhibit B to the Underlying Agreement, as
referenced in Section 2.1 (“Compensation”), is hereby replaced with Exhibit B attached hereto.
B. Extension of Term. Section 4 of the Underlying Agreement is hereby revised to read
as follows:
4. Term of agreement. The term of this Agreement shall be from July 1, 2023
through June 30, 2027, unless extended or terminated according to its terms. The
Consultant shall perform the work authorized by this Agreement promptly in
accordance with the receipt of the required governmental approvals.
C. Case Referrals. A new Section 19 shall be added to read as follows:
19. Case referrals. Case referrals are cases referred from police to the Consultant for
a filing decision. The Consultant shall undertake the following measures to clear
the backlog of approximately one hundred ten (110) case referrals currently in the
Sector case filing system queue within six (6) calendar months of the execution of
this Amendment No. 1, and to prevent any further backlog of case referrals from
forming:
(a) Review a minimum of twenty-five (25) of the backlog case referrals per month;
(b) Of the reviewed cases, file all such cases that the Consultant deems ready to
file, and either process the remaining cases as declines or place them back in the
10.2.b
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queue for additional work-up or other action needed before a final filing decision
may be made; and
(c) For all new case referrals forwarded to the Consultant after the execution of
this Amendment No. 1, review and assess each case as ready for filing, appropriate
for a decline, or necessitating further work-up or other action within two (2) weeks
of receipt. All cases deemed ready for filing shall be filed within that two -week
period.
Backlog shall be considered cleared after the Consultant takes the following action
on each and every backlog case referral: the case is either filed, declined, or other
action needed or taken is identified and documented as required in Section 20,
below.
In the event the Consultant either fails to clear the entire 110-case case referral
backlog within six (6) calendar months of the execution of this Amendment No.
1 or thereafter allows a new backlog of more than thirty (30) case referrals to
accrue for a period longer than 30 days, the City may declare the Consultant to be
in breach of this Agreement and provide the Consultant with a written Notice of
Breach. Within ten (10) business days of receipt of the Notice of Breach, the
Consultant shall provide the City with a written plan to cure the breach within a
reasonable period of time, not to exceed sixty (60) calendar days. If the Consultant
fails to cure the default within that period, the City may pursue any rights and
remedies available to it in law or in equity, including but not limited to assessing
liquidated damages.
The City and the Consultant recognize the delays, expense, and unique difficulties
involved in proving in a legal proceeding the actual loss suffered by the City as a
result of the Consultant’s breach resulting from the failure to clear case referral
backlogs in a timely manner, which may include damages that are difficult if not
impossible to calculate. Accordingly, the City may elect to assess liquidated
damages as detailed herein.
If the City elects to assess liquidated damages, then such assessment shall
constitute the City’s exclusive remedy for the violation for which the liquidated
damages were assessed for a period of sixty (60) calendar days. Thereafter, if the
breach is ongoing, it is considered to be a different breach of a different quality
and magnitude of violation, and to address it, the City shall have every right or
remedy available to it under law or equity, including but not limited to recovery
of consequential damages that may be incurred. Assessment of liquidated
damages shall not constitute a waiver by the City of any other right or remedy it
may have under this Agreement or applicable law except as set forth in this
Agreement, including without limitation its right to recover from Consult ant such
additional damages, losses, costs and expenses as may have been suffered or
incurred by the City by reason of or arising out of such breach of this Agreement.
In the event the City elects to assess liquidated damages, said damages shall be
three thousand seven hundred fifty dollars ($3,750.00) per calendar month that a
case referral backlog as described above remains during the referenced sixty (60)
10.2.b
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day period. If liquidated damages are used, then those damages shall be the
exclusive remedy for the breach during such time period. The Consultant and the
City agree that such sum is not a penalty but a reasonable estimate of the damages
the City would suffer in the event of said breach during such time period.
D. Reporting. A new Section 20 shall be added to read as follows:
20. Reporting. To provide the City with regular updates on the Consultant’s progress
in reducing the backlog of case referrals and on the status of current caseloads, t he
Consultant shall submit an Excel spreadsheet of the current Sector queue of case
referrals to the Human Resources Department on a monthly basis to consist of at
least the following information: Case by police incident number, date of referral,
current status (e.g., filed, declined, further action needed) and the date the latest
action was taken. The spreadsheet shall further clearly mark the approximately
one hundred ten (110) backlog case referrals to identify them as the backlog. The
Consultant shall submit the initial status report no later than the last day of the
first full month following the execution of this Amendment No. 1. Status reports
shall be due until the backlog of cases has been cleared, and thereafter upon
request by the Human Resources Department. The Consultant shall also be
available to meet in person or by videoconference, as requested by the City, with
City officials and staff on no more than a quarterly basis for the purpose of
providing a more detailed performance report.
2. In all other respects, the Underlying Agreement between the parties shall remain in full
force and effect, amended as set forth herein, but only as set forth herein .
DATED this _____ day of _______________ 2025.
CITY OF EDMONDS THE WALLS LAW FIRM
Mike Rosen, Mayor Aaron Walls, Partner
ATTEST/AUTHENTICATED:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
10.2.b
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Exhibit B
Fee Schedule
1. Base Fee. The Consultant shall receive a retainer in the amount of TWENTY-FIVE
THOUSAND DOLLARS ($25,000.00) per month, which amount shall be increased to
THIRTY-FIVE THOUSAND TWO HUNDRED FIFTY-SIX DOLLARS AND FIVE
CENTS ($35,256.05) per month beginning in the calendar month in which the Consultant
hires a new attorney to assist with the City’s prosecuting attorney services and continuing in
every calendar month that the additional attorney is retained and assisting with City of
Edmonds work (the “Base Fee”). In the event the additional attorney is separated from
employment and an alternative attorney is not employed the same calendar month, the
Consultant shall report this circumstance in writing to the City’s Human Resources
Department within five (5) business days of the attorney’s separation. The Base Fee shall be
full compensation for the performance of all general criminal prosecution services for the
City of Edmonds Municipal Court as set forth in Exhibit A Scope of Services, including
appellate work and infraction cases with an attorney or involving accidents, only excepting
those services specifically listed in Section 2, below. The Base Fee will be adjusted on a
yearly basis. The Consultant shall provide the City with an adjusted monthly retainer amount
in writing in July of each year. The yearly adjustment shall be based on a three-year rolling
average of One Hundred Percent (100%) of the June-to-June Seattle/Tacoma/Bellevue CPI-
U, averaging the current year with the previous two years to determine the adjustment
percentage.
2. Additional Fees. The Consultant shall bill for the following services at the rates set forth
below. If services are not expressly included in this section, they are understood to be
included in the Base Fee.
a. Non-criminal services, including but not limited to Extreme Risk Protection Orders,
animal control matters, or other civil matters – $250.00 per hour
b. Civil forfeiture cases – flat fee of $300.00 per case unless removed from a hearing
before the chief law enforcement officer, then billed at $150.00 per hour thereafter
In the event that the Court increases the number of court days over the amount currently in effect
at the execution of this Agreement, including the addition of a non-attorney infraction calendar;
or if a significant change in filing processes is implemented; or if the public defender caseloads
are further adjusted, the parties will negotiate appropriate fees for additional services necessitated
by such changes.
10.2.b
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City Council Agenda Item
Meeting Date: 02/11/2025
Elected Official Training
Staff Lead: City Attorney's Office
Department: City Council
Preparer: Beckie Peterson
Background/History
N/A
Recommendation
Review applicable laws and PDC Guidelines.
Narrative
Jeff Taraday, City Attorney, will provide training for elected officials' participation in elections activity
and ballot measures.
Attachments:
PDC Overview - City of Edmonds
awcpdcguidelines
RCW 42.17A.555
10.3
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Engage in campaign activities when
acting on behalf of your official role.
Use any public resources to
campaign/advocate. This includes
any agency equipment (phone,
email), vehicles or facilities.
Appear in uniform or city-paid
apparel to support or oppose a
ballot measure.
Speak at community groups to
present factual information.
Respond to questions and
provide factual information.
Use agency funds to distribute
objective information of facts
through normal agency
communication channels.
Engage in campaign activities
on your own time and using your
own resources.
$
The #1 Rule
W H E N M E A S U R E S A R E O N T H E B A L L O T
No public funds may be used to advocate for or against
passage of measure
A L L O W E D
A D V O C A C Y V S . E D U C A T I O N
R E S T R I C T E D
W a s h i n g t o n S t a t e P u b l i c D i s c l o s u r e C o m m i s s i o n g u i d e l i n e s a t b i t .l y /3 E P t c E 2
Education is allowed:
“City leadership will need to identify $9.8 million in initial cuts.”
“The City is committed to addressing the fiscal emergency and listening to
residents throughout this process.”
Advocacy is not allowed:
“Vote yes for annexation.”
“Voters should approve the ballot measure to improve city services.”
10.3.a
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Association of Washington Cities | 1076 Franklin St SE, Olympia, W A 98501 | wacities.org | 360.753.4137
Guidelines for elected and appointed
officials' participation in elections activity
Elected officials and city staff should understand Public Disclosure Commission (PDC) guidelines before
participating in any elections activities, including taking a position on a ballot measure or endorsing a candidate for
political office. Below are some common examples of activities city officials may and may not do. It is not intended to
be comprehensive. A complete listing of the PDC Guidelines for Local Government Agencies in Election Campaigns
can be found on their website pdc.wa.gov. If you have any questions, please call the PDC at (360) 753-1111 or
consult your jurisdiction’s legal counsel.
General provisions
Activities that are allowed:
• City employees or elected officials may, on their
own time during non-work hours (and not with
the use of city property or equipment),
participate in campaign-related activities.
• Elected officials may make statements
supporting or opposing an initiative or
referendum in response to a specific media
inquiry. All city officials may respond to requests
for factual information as part of their normal job
duty.
• City officials may use their title for identification
purposes in endorsements supporting or
opposing a candidate or an initiative or
referendum, but should not use public facilities or
equipment for communications and should make
clear that it is their personal view.
• City employees or elected officials may place on
their individual agency calendar basic
information if they are scheduled to be out of the
office to attend campaign events.
• A city may provide a facility, if it is available, for a
public forum, making arrangements for all sides
to be represented.
• A city may allow use of a public meeting space,
if it is available as normal and regular conduct,
to community groups for campaign activities. If a
city normally charges for the use of these
facilities, then the city must charge all users
equally.
• City employees may wear lapel buttons at work if
the city has a policy permitting employees to
wear political buttons.
• Private employee vehicles displaying
bumper stickers may be parked on public
property.
• City officials may encourage staff and members
of the public to vote, as long as such
encouragement routinely occurs for other
elections.
Activities that are not allowed:
• City employees or elected officials may not use
public facilities, supplies, or equipment, for any
campaign purpose. This includes phones,
copiers, mail facilities, computers, email,
websites, social media, uniforms purchased with
city funds, and paper products. City officials may
not reimburse the city for usage of these facilities.
City officials may not use city vehicles to
transport or display political material.
• City officials may not promote or oppose a
candidate or ballot measure during work
hours. This includes gathering signatures,
distributing materials, coordinating
speakers/fundraising/ phone banks, etc. It
does not include elected official statements
on ballot measures in response to a specific
media inquiry.
• City officials may not maintain individual
campaign-related events on agency-
wide distributed calendars.
• City employees may not oppose or support an
issue or candidate before a civic group on city
work time. It must be on personal time.
• City officials may not post signs advocating for or
against candidates or ballot measures on any city
property.
• City employees or elected officials may
not pressure city employees to participate
in campaign activities for a ballot measure
or candidate, take a position, or
coordinate informational activities with
campaign work.
10.3.b
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Association of Washington Cities | 1076 Franklin St SE, Olympia, W A 98501 | wacities.org | 360.753.4137
Ballot measures
Activities that are allowed:
• Elected officials and city staff may speak at
community forums and clubs during regular work
hours to make an objective and fair presentation
of the facts on a ballot measure if it is normal
and regular conduct. City equipment (projector,
laptop) may be used for the presentation.
• Elected officials may attend an event any time
during the day and give their opinion about a
ballot measure, as long as they are not being
compensated by the city or using any public
equipment, facility or vehicle (with exceptions
for specific inquiries).
• City employees or elected officials may use their
job title with the city in a letter to the editor (written
on their own time using their own computer). They
must clarify that they are expressing their own
opinion, and not speaking for the city.
• A city employee may respond to a political inquiry
by providing routine factual information if that is
part of their normal job duty.
• Members of an elected council may vote to
support or oppose an initiative or referendum. If
your council plans to vote to take a position on an
initiative or referendum, the notice of the meeting
when the vote will be taken must include the title
and number of the ballot proposition. Council
members or the public must have an equal
opportunity to express an opposing view.
• Elected officials may make statements supporting
or opposing an initiative or referendum in
response to a specific media inquiry. All city
officials may respond to requests for factual
information as part of their normal job duty.
• A city may use its website, newsletter, or other
publications to provide citizens with information
about an issue that directly impacts the city,
looking at all available information. If you routinely
provide objective and fair facts on a ballot
measure or controversial issue, you may present
objective and fair presentation of facts on the
ballot propositions.
• If your website or newsletter publishes resolutions
or reports on council activity, you may report on
action taken on a resolution.
• Distribution of all information must be to "normal
and regular" recipients, using the publication’s
regular schedule. Repeated distribution of the
same information may be considered campaign
activity by the PDC.
• A city website may be used to inform citizens
about anticipated ballot measure impacts, and
allow readers to explore an issue through detailed
links, if part of normal conduct and do not link to
campaigns. Websites may be updated according
to the city’s normal procedures.
• City employees may provide in-house
contingency planning (what if an initiative or
referendum passes). This isn't a public activity.
This includes researching the impact of a ballot
proposition for the purpose of gathering facts.
• City employees may respond to requests for
public records even if the records will be used in
support or opposition of a measure, as long as the
record isn't exempt from disclosure under state
law.
Activities that are not allowed:
• City officials may not use public facilities, supplies
or equipment, for any campaign purpose. This
includes phones, copiers, mail facilities,
computers, email, social media, websites,
uniforms purchased with city funds, and paper
products. City officials may not reimburse the city
for usage of these facilities. City officials may not
use city vehicles to transport or display political
material.
• City officials may not promote or oppose a
candidate or ballot measure during work hours.
This includes gathering signatures, distributing
materials, coordinating speakers/fundraising/
phone banks, etc. It does not include elected
official statements on ballot measures in response
to a specific media inquiry.
• City officials may not produce information that
targets specific subgroups. This does not refer to
mailing to groups that are on the city’s regular
distribution list.
• City employees may not oppose or support an
issue or candidate before a civic group on city
work time. It must be on personal time.
• City officials may not have a petition available for
signature at city hall, or other city facility or
vehicle.
• City officials may not post signs advocating for or
against candidates or ballot measures on any city
property.
• City employees or elected officials may not
pressure city employees to participate in
campaign activities for a ballot measure or
candidate, take a position or coordinate
informational activities with campaign work.
10.3.b
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RCW 42.17A.555 Use of public office or agency facilities in
campaigns—Prohibition—Exceptions. No elective official nor any
employee of his or her office nor any person appointed to or employed
by any public office or agency may use or authorize the use of any of
the facilities of a public office or agency, directly or indirectly,
for the purpose of assisting a campaign for election of any person to
any office or for the promotion of or opposition to any ballot
proposition. Facilities of a public office or agency include, but are
not limited to, use of stationery, postage, machines, and equipment,
use of employees of the office or agency during working hours,
vehicles, office space, publications of the office or agency, and
clientele lists of persons served by the office or agency. However,
this does not apply to the following activities:
(1) Action taken at an open public meeting by members of an
elected legislative body or by an elected board, council, or
commission of a special purpose district including, but not limited
to, fire districts, public hospital districts, library districts, park
districts, port districts, public utility districts, school districts,
sewer districts, and water districts, to express a collective
decision, or to actually vote upon a motion, proposal, resolution,
order, or ordinance, or to support or oppose a ballot proposition so
long as (a) any required notice of the meeting includes the title and
number of the ballot proposition, and (b) members of the legislative
body, members of the board, council, or commission of the special
purpose district, or members of the public are afforded an
approximately equal opportunity for the expression of an opposing
view;
(2) A statement by an elected official in support of or in
opposition to any ballot proposition at an open press conference or in
response to a specific inquiry;
(3) Activities which are part of the normal and regular conduct
of the office or agency.
(4) This section does not apply to any person who is a state
officer or state employee as defined in RCW 42.52.010. [2010 c 204 §
701; 2006 c 215 § 2; 1979 ex.s. c 265 § 2; 1975-'76 2nd ex.s. c 112 §
6; 1973 c 1 § 13 (Initiative Measure No. 276, approved November 7,
1972). Formerly RCW 42.17.130.]
Finding—Intent—2006 c 215: "(1) The legislature finds that the
public benefits from an open and inclusive discussion of proposed
ballot measures by local elected leaders, and that for twenty-five
years these discussions have included the opportunity for elected
boards, councils, and commissions of special purpose districts to vote
in open public meetings in order to express their support of, or
opposition to, ballot propositions affecting their jurisdictions.
(2) The legislature intends to affirm and clarify the state's
long-standing policy of promoting informed public discussion and
understanding of ballot propositions by allowing elected boards,
councils, and commissions of special purpose districts to adopt
resolutions supporting or opposing ballot propositions." [2006 c 215 §
1.]
Disposition of violations before January 1, 1995: "Any violations
occurring prior to January 1, 1995, of any of the following laws shall
be disposed of as if chapter 154, Laws of 1994 were not enacted and
such laws continued in full force and effect: *RCW 42.17.130, chapter
Certified on 9/1/2023 RCW 42.17A.555 Page 1
10.3.c
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42.18 RCW, chapter 42.21 RCW, and chapter 42.22 RCW." [1994 c 154 §
226.]
*Reviser's note: RCW 42.17.130 was recodified as RCW 42.17A.555
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
Certified on 9/1/2023 RCW 42.17A.555 Page 2
10.3.c
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