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Ordinance 4384ORDINANCE NO. 4384 AN ORDINANCE OF THE CITY OF EDMONDS, WASHING TON, ESTABLISHING INTERIM DEVELOPMENT ST AND ARDS 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 ofaffordable 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 (BO), and General Commercial (CG); • Permanent supportive housing and transitional housing as permitted in all zones where residential dwelling units or hotels are allowed; and 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, WASHING TON, DO ORDAIN AS FOLLOWS: Section I. 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. 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. 2 ATTEST/AUTHENTICATED: ~PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY~ JEFFTARADA - FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DA TE: ORDINANCE NO. MAYOR MIKE ROSEN January 23, 2025 January 28, 2025 January 31, 2025 February 5, 2025 4384 3 SUMMARY OF ORDINANCE NO. 4384 of the City of Edmonds, Washington On the 28 th day of January, 2025, the City Council of the City of Edmonds, passed Ordinance No. 4384 . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING TON, 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 28 th day of January, 2025. 4 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)] 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. Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says : that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English langu age continually as a daily newspaper in Snohomish County, Washington and is and al wa ys has been prin ted in whole or part in the Ev erett Daily Herald and is of genera l circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newsp aper by order of the Superior Court of Snohomish County, State of Was hington, by order dated June 16, 1941, and that the annexed is a true copy of EDH1008568 ORD SUMMARY 4383-5 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 01/31/2025 and ending on 01/31/2025 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount $41.28. publication is Subscribed and sworn before me on this t,l~~ dayof J~, :::tov - Notary Publi c in and for the State of Washington. City ofEdmoncls ~ LEGAL ADS I l4101416 SCOTT PASSEY RECEIVED EDMONDS CITY CLERK Classified Proof ~INANCE SUMMARY of lh•~ ol E'amonils , Wast,fnglon ~gm~~~t~~~u~~•~~~n~~rdl:n~~t~:~~~~~ ~l ~a~ ordlnanc.es ccll$lstlng~J&':~~6 N~d~sa': follows . ;\N ORDINANCE THE Cl 1 OF EDMONDS , WASHINGTON, AMENDING THE CITY CODE PROVIS IONS RELATED TO TliE MUNICIPAL COURi JU DGE ANO JUDGES PRO TEM , AN OROINANCEQRgl~ANTlii NOC~~4 OF EDMONDS, WASHINGTON , ESTABLISHING INTERIM DEVELOPMENT STAN DARDS FOR EMERGENCY SHELTERS , TRANSITIONAL HOUSING, EMERGENCY HOUSING, ANO PERMANENT SUPPORT IVE HOUSI NG ('STEP' HOUSING). AN OROINANCEoRgl~AN,~EENOt:~l$5 OF EDMONDS , WASHINGT6N, I.MENDING THE CITY CODE PROVISIONS FOR COUNCI L MEETINGS ANO COUNCIL COMMITTEE MEETI NGS . grw2~~J.8M>rr°tis'sW· 2025 • Published: January 31, 2025 . ED H100S568 Proofed by Pospical, Randie, 01/31/2025 08:44:14 am Page:2