HomeMy WebLinkAbout2025-03-12 Planning Board PacketAgenda
Edmonds Planning Board
SPECIAL MEETING
BRACKETT ROOM
121 5TH AVE N, CITY HALL - 3RD FLOOR, EDMONDS, WA 98020
MARCH 12, 2025, 6:00 PM
Edmonds Planning Board Agenda
March 12, 2025
Page 1
MEETING INFORMATION
This is a Hybrid meeting: The in-person portion of the meeting will be at 6:00PM in the Brackett
Room on the 3rd floor of City Hall. Zoom Link below for those attending online.
Meeting Link:https://edmondswa-
gov.zoom.us/s/87322872194?pwd=WFdxTWJIQmxITG9LZkc3K0huS0l4QT09 Meeting ID: 873 2287
2194 Passcode:007978
Or Telephone : US:US: +1 253 205 0468
LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES
We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and
their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and
taken care of these lands. We respect their sovereignty, their right to self-determination, and we
honor their sacred spiritual connection with the land and water.
1. CALL TO ORDER
2. APPROVAL OF MINUTES
A. Previous Meeting Minutes
3. ANNOUNCEMENT OF AGENDA
4. AUDIENCE COMMENTS
5. ADMINISTRATIVE REPORTS
6. PUBLIC HEARINGS
7. UNFINISHED BUSINESS
A. Discussion of STEP Housing Draft Permanent Code (File AMD2024-0006)
B. NCH Code Update Discussion
C. Design Review Code Update: Key Issues Discussion
8. NEW BUSINESS
9. PLANNING BOARD EXTENDED AGENDA
A. Extended Agenda
10. PLANNING BOARD CHAIR COMMENTS
Edmonds Planning Board Agenda
March 12, 2025
Page 2
11. PLANNING BOARD MEMBER COMMENTS
12. ADJOURNMENT
13. GENERIC AGENDA ITEMS
Planning Board Agenda Item
Meeting Date: 03/12/2025
Previous Meeting Minutes
Staff Lead: Mike Clugston
Department: Planning Division
Prepared By: Michael Clugston
Background/History
N/A
Staff Recommendation
Approve the draft February 26, 2025 meeting minutes.
Narrative
N/A
Attachments:
Draft February 26 minutes
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Planning Board Meeting Minutes
February 26, 2025 Page 1 of 3
DRAFT
CITY OF EDMONDS PLANNING BOARD
Action Minutes
February 26, 2025
Board Members Present
Lee Hankins, Chair
Jon Milkey, Vice Chair
Jeremy Mitchell
Lauren Golembiewski
Judi Gladstone
Lee Hankins
Nick Maxwell
Steven Li
Isaac Fortin, Student Rep.
Board Members Absent
George Bennett (alternate)
Staff Present
Mike Clugston, Planning Manager
Navyusha Pentakota, Planning & Development
Brad Shipley, Planning Division
1. CALL TO ORDER
Chair Hankins called the hybrid meeting of the Edmonds Planning Board to order at 7:00 p.m. at Edmonds City
Hall and on Zoom.
2. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES
The Land Acknowledgement was not read.
3. ROLL CALL
Chair Hankins called the roll. All board members were present except for Board Member Bennett.
4. ANNOUNCEMENT OF AGENDA
THERE WAS UNANIMOUS CONSENT TO APPROVE THE AGENDA AS PRESENTED.
5. READING/APPROVAL OF MINUTES
BOARD MEMBER GLADSTONE MADE A MOTION TO APPROVE THE JANUARY 22, 2025
MINUTES. THE MOTION WAS SECONDED AND PASSED UNANIMOUSLY.
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Planning Board Meeting Minutes
February 26, 2025 Page 2 of 3
BOARD MEMBER GLADSTONE MADE A MOTION TO APPROVE THE FEBRUARY 12, 2025
MINUTES. THE MOTION WAS SECONDED AND PASSED UNANIMOUSLY, WITH ONE
ABSTENTION.
6. PUBLIC HEARINGS
None.
7. AUDIENCE COMMENTS
1. Mike Henderson, Edmonds, spoke regarding zoning changes to the north area on Puget Drive.
2. Marnie Rodish, (phonetic), Edmonds, spoke regarding Grandview Street issues.
3. Rick Hood, Edmonds, spoke regarding a percentage of the GIS maps being incorrect, also in
relation to Grandview Street.
4. Thyra Allen, Edmonds, spoke regarding building restrictions on Puget Drive.
8. ADMINISTRATIVE REPORTS
None.
9. UNFINISHED BUSINESS
A. Neighborhood Center and Hub Code Update - Key Issues
Navyusha Pentakota presented an update regarding the key issues on the Neighborhood Center and Hub Codes,
as well as the timing of the process.
B. Middle Housing Code Update: Key Issues
Brad Shipley made a presentation to the board regarding the middle housing code update, including selection
of the allowable types of middle housing and how they should be regulated, i.e., lot size, amenity-rich
neighborhoods. Staff will come back to the next discussion with a set of building types and some standards to
discuss about each one for the board's review.
BOARD MEMBER GLADSTONE MADE A MOTION TO EXTEND THE MEETING BY 10
MINUTES TO CONTINUE THE DISCUSSION OF THIS ISSUE. THE MOTION WAS SECONDED
AND PASSED UNANIMOUSLY.
10. NEW BUSINESS
None.
11. SUBCOMMITTEE REPORT
None.
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Planning Board Meeting Minutes
February 26, 2025 Page 3 of 3
12. PLANNING BOARD EXTENDED AGENDA
There is a proposal to put on the agenda an extra meeting on April 16th just in case it is needed. It was also
suggested to begin the meetings at 6:00 rather than 7:00. Board members favored starting at 6:00 and ending
at 9:00 if needed through May, rather than scheduling additional meetings.
13. PLANNING BOARD MEMBER COMMENTS
None.
14. PLANNING BOARD CHAIR COMMENTS
None.
15. ADJOURNMENT:
The meeting was adjourned at 9:11 p.m.
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Planning Board Agenda Item
Meeting Date: 03/12/2025
Discussion of STEP Housing Draft Permanent Code (File AMD2024-0006)
Staff Lead: Mike Clugston
Department: Planning Division
Prepared By: Michael Clugston
Background/History
In 2021, Washington state passed House Bill 1220 (HB 1220), which amended the Growth Management
Act (GMA) and municipal code requirements for housing. The law requires local governments like
Edmonds to plan for and accommodate housing affordable to all income levels, which includes
demonstrating sufficient land capacity for housing at all income levels to meet future housing needs,
including permanent supportive housing and emergency housing. Local governments must also identify
local barriers to production of affordable housing and take actions to remove those barriers.
Furthermore, RCW 36.130.020 provides that local governments may not adopt, impose, or enforce
requirements on an affordable housing development that are different than the requirements proposed
on housing developments generally. (Note: Permanent supportive housing is considered a type of
affordable housing.) Edmonds, like similar jurisdictions, must update its development codes to comply
with HB 1220.
To that end, the STEP housing code update was introduced to City Council on January 7, 2025, including
draft interim code language. The initial draft was prepared to meet the requirements of HB 1220 using
guidance from the Department of Commerce as the baseline (Attachment 1). Some refinements were
made to the original draft by Council, who approved the interim language on January 28. Council held
the required public hearing on the interim STEP code on February 11 and no public comments were
received. Because the Planning Board must make a recommendation on a permanent version of the
STEP housing code, the STEP housing topic was introduced to the Planning Board on January 22 and
further discussed briefly on February 12.
Staff Recommendation
In advance of the Board’s recommendation on the permanent STEP housing code at their March 26
meeting, staff reviewed existing affordable housing language in the code and is proposing one change to
the draft permanent STEP language as described below and as shown in Attachment 2.
Narrative
HB 1220 requires changes to the City’s development regulations to allow four specific housing types:
emergency shelter, transitional housing, emergency housing, and permanent supportive housing (STEP
Housing):
· “Emergency housing” means temporary indoor accommodations for individuals or
families who are homeless or at imminent risk of becoming homeless that is intended to
address the basic health, food, clothing and personal hygiene needs of individuals or
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families. Emergency housing may or may not require occupants to enter into a lease or
an occupancy agreement.
· “Transitional housing” means a project that provides housing and supportive services to
homeless persons or families and that has as its purpose facilitating the movement of
homeless persons and families into independent living, generally in less than two years.
· “Emergency shelter” means a facility that provides a temporary shelter for individuals or
families who are currently homeless. Emergency shelter may not require occupants to
enter into a lease or an occupancy agreement. Emergency shelter facilities may include
day and warming centers that do not provide overnight accommodations.
· “Permanent supportive housing” is subsidized, leased housing with no limit on length of
stay that prioritizes people who need comprehensive support services to retain tenancy
and utilizes admissions practices designed to use lower barriers to entry than would be
typical for other subsidized or unsubsidized rental housing, especially related to rental
history, criminal history and personal behaviors. Permanent supportive housing is paired
with on-site or off-site voluntary services designed to support a person living with a
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.
Interim STEP code vs. Existing Edmonds Community Development Code (ECDC)
1. ECDC 17.20 contains regulations for temporary homeless encampments (Attachment 3).
This code addresses a different use (outdoor tent living) than STEP housing (indoor living).
No changes are needed to ECDC 17.100 or interim ECDC 17.125 to accommodate STEP
housing.
2. ECDC 17.100 contains regulations for Community Facilities, including churches and similar
religious organizations who may address affordable housing as part of their mission
(Attachment 4). No changes are needed to ECDC 17.100 or interim ECDC 17.125 to
accommodate the STEP housing.
3. Emergency Temporary Indoor Shelters (ECDC 17.105) have been regulated in Edmonds since
2010 (Attachment 5). That chapter allows ‘emergency temporary homeless shelters’ in all
zones but only within churches and local public facility buildings (e.g., City Hall, police
station, library). Such shelters have been established in the past at the Edmonds Methodist
Church and at the former Senior Center (now Waterfront Center).
The new interim STEP code allows a similar use (emergency shelter) but only in zones where
hotels are allowed, while churches and local public facilities are allowed in all zones.
Because there could be some overlap between the two chapters, at least in some very
specific circumstances (e.g., if an emergency shelter wanted to locate in a church in a zone
where hotels are allowed), the codes need to be reconciled. Language is proposed in the
STEP code to recognize the overlap and default to ECDC 17.105 if ‘emergency shelter’ is
proposed in a church or local public facility in any zone.
Future Work
Affordable Housing Topics for Phase 3 of the Code Update (after June 30, 2025)
The goal of the STEP code update is to adopt regulations required by state law to address
several aspects of the affordable housing issue (emergency housing/shelter and permanent
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supportive/transitional housing). The Legislature recently passed two other bills listed below
that address other components of housing affordability. One requires action by the City, the
other is optional but presented for consideration.
Required
Co-Living Housing (HB 1998 of 2024). By December 31, 2025, the City must adopt regulations
consistent with HB 1998 to allow for co-living housing. Co-living housing is a residential
development with sleeping units that are independently rented and provide living and sleeping
space, in which residents share kitchen facilities with residents of other units in the building
(Attachment 6 includes the final bill report and session law). This topic will likely come before
the Planning Board in late summer/early fall.
Optional
HB 1326 (2023) states that cities like Edmonds may waive municipal utility connections charges
for STEP housing. Waiving connection fees would make creating STEP units somewhat more
affordable to develop than they otherwise would be. However, the waived fees would still have
to be paid either using general funds, grant dollars, or other identified revenue stream
(Attachment 7 includes the final bill report and session law). If this concept is supported by the
Planning Board, the Board could recommend that the Council consider utility connection fee
waivers for STEP housing.
Attachments:
Attachment 1 - STEP Housing Model Ordinance and User Guide
Attachment 2 - Draft Permanent STEP Code rev. 1
Attachment 3 - Chapter 17.20 ECDC Temporary Homeless Encampment
Attachment 4 - ECDC 17.100.020 Community Facilities - Churches
Attachment 5 - Chapter 17.105 ECDC Emergency Temporary Indoor Shelter
Attachment 6 - Co-Living Housing HB 1998
Attachment 7 - Utility Connection Charge Waivers for STEP HB 1326
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v3.5
MODEL ORDINANCE AND COMMUNICATIONS TOOLKIT FOR STEP
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STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 2
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
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STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 3
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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STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 4
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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STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 26
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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STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 27
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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STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 28
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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STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - DRAFT (MAY 2024) 31
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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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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ECDC Chapter 17.125, STEP Housing (Draft Permanent, Rev. 1) Page 1 of 3
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)]
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ECDC Chapter 17.125, STEP Housing (Draft Permanent, Rev. 1) Page 2 of 3
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.
a. Indoor emergency shelters operated by a religious organization or located in a local
public facility are subject to the requirements of ECDC 17.105, not ECDC 17.125.
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.
7.A.b
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ECDC Chapter 17.125, STEP Housing (Draft Permanent, Rev. 1) Page 3 of 3
2. Evictions of residents for unsafe actions are not precluded by city codes.
7.A.b
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Chapter 17.20 ECDC, Temporary Homeless EncampmentPage 1 of 11
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
Chapter 17.20
TEMPORARY HOMELESS ENCAMPMENT
Sections:
17.20.010 Definitions.
17.20.020 Temporary homeless encampments permit.
17.20.030 Standards.
17.20.040 Frequency and duration.
17.20.050 Procedural requirements for temporary homeless encampment
permit applications.
17.20.060 Requesting modification.
17.20.070 Notice of decision.
17.20.080 Indemnification and hold harmless requirements.
17.20.090 Enforcement.
17.20.100 Conflict.
17.20.110 No intent to create protected/benefited class.
17.20.010 Definitions.
The following definitions shall apply to temporary homeless encampment permits and
this chapter:
A. “Temporary homeless encampment” means a transient or interim gathering or
community residing out of doors on a site with services provided and supervised by a
sponsor or managing agency comprised of temporary enclosures (tents and other forms
of portable shelter that are not permanently attached to the ground), which may include
common areas designed to provide food, living and sanitary services to occupants of the
encampment.
B. “Managing agency” means an organization that organizes and manages a homeless
encampment. A managing agency may be the same entity as the sponsor.
C. “Sponsor” means a local place of worship or other local, community-based
organization that has an agreement with the managing agency to provide basic services
7.A.c
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Chapter 17.20 ECDC, Temporary Homeless EncampmentPage 2 of 11
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
and support for the residents of a homeless encampment and liaison with the
surrounding community and joins with the managing agency in an application for a
temporary homeless encampment permit. A “sponsor” may be the same entity as the
managing agency.
D. “Tent” means a temporary structure, enclosure or shelter constructed of fabric or
pliable material supported by any manner except by air or the contents that it protects.
[Ord. 3815 § 1, 2010].
17.20.020 Temporary homeless encampments permit.
Temporary homeless encampment permit, and regulations on processing the same, are
hereby established. A temporary homeless encampment permit shall be required for
temporary homeless encampment in the city. Temporary homeless encampments shall
be permitted as a secondary use at all zoning districts where churches or local public
facilities are permitted as primary uses. Public hearing shall be held and a decision on
temporary homeless encampment permit shall be issued by the hearing examiner as if
it were a Type III-A decision. Establishing such facilities contrary to the provisions of this
chapter is prohibited. If one is established in violation of this chapter, or if after a
temporary homeless encampment permit is issued, the planning and development
director determines that the permit holder has violated this chapter or any condition of
the permit, the encampment, its sponsor and managing agency may be subject to code
enforcement pursuant to applicable city codes. [Ord. 4299 § 19 (Exh. A), 2023; Ord. 3815 § 1,
2010].
17.20.030 Standards.
The following standards shall apply for processing applications for and approving
temporary homeless encampment permits:
A. No part of temporary homeless encampments shall encroach on setbacks between
properties, or into a critical area or critical area buffer. The perimeter of the temporary
homeless encampment shall be located a minimum of 20 feet from any of the host
7.A.c
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Chapter 17.20 ECDC, Temporary Homeless EncampmentPage 3 of 11
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
location’s property line that abuts a neighboring property or right-of-way. Any tent,
canopy or membrane structure, as defined in Chapter 24 of the International Fire Code,
must be located a reasonably safe distance away from any building, parked vehicle,
internal combustion engines or other tent, canopy or membrane structure.
B. A six-foot-high sight-obscuring fence is required around the perimeter of the
temporary homeless encampment unless the hearing examiner determines that there is
sufficient vegetation, topographic variation, or other site condition such that fencing
would not be needed.
C. Exterior lighting must be directed downward and contained within the temporary
homeless encampment.
D. The maximum number of occupants within a temporary homeless encampment
shall be determined by taking into consideration the size and conditions of the
proposed site; however, it may not exceed 100 regardless of size or condition.
E. Required minimum on-site parking for the host site’s permanent/other uses shall not
be either displaced by said encampment or used to meet said encampment’s parking
requirements, unless a shared parking agreement is executed with adjacent properties
to compensate.
F. A transportation and parking plan is required which shall include provisions for
transit services and a minimum of five parking stalls dedicated exclusively for said
encampment use.
G. The temporary homeless encampment shall be located within one-fourth mile of
transit service.
H. The managing agency and sponsor shall not permit children under the age of 18 to
stay overnight in the temporary homeless encampment, unless circumstances prevent a
more suitable overnight accommodation for the child and parent or guardian. If a child
under the age of 18, either alone or accompanied by a parent or guardian, attempts to
stay overnight, the managing agency and sponsor shall endeavor to find alternative
shelter for the child and any accompanying parent or guardian. No children under 18
that are not accompanied by a parent or guardian are allowed in the temporary
homeless encampment.
7.A.c
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Chapter 17.20 ECDC, Temporary Homeless EncampmentPage 4 of 11
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
I. The managing agency and sponsor shall provide and enforce within said
encampment a written code of conduct, which not only provides for the health, safety
and welfare of the temporary homeless encampment residents, but also mitigates
impacts to neighbors and the community.
J. The managing agency, sponsor and temporary homeless encampment residents
shall ensure compliance with applicable state statutes and regulations and local
ordinances concerning, but not limited to, drinking water connections, solid waste
disposal, human waste, outdoor fire or burning, electrical systems, and fire resistant
materials.
K. The managing agency and sponsor shall provide at said encampment sanitary
portable toilets in the number required to meet capacity guidelines by the
manufacturer, self-contained hand washing stations by the portable toilets and by the
areas where food is either dispensed or consumed communally, sufficient refuse
receptacles, communal tents for food dispensing and consumption, adequate number
of fire extinguishers with appropriate rating, security tent, and adequate source of water
for both sanitation and drinking.
L. The managing agency and sponsor shall appoint a member to serve as a point of
contact for the Edmonds police department. At least one member must be on duty at all
times at said encampment. The names of the on-duty members shall be posted daily.
M. The managing agency and sponsor shall permit inspections of the temporary
homeless encampment by the Snohomish health district, and timely implement all
directives of the health district within the time period specified by the health district.
They shall immediately report to the health district suspected food poisoning, unusual
prevalence of fever, diarrhea, sore throat, vomiting, jaundice, productive cough, or when
weight loss is a prominent symptom among occupants.
N. The managing agency and sponsor shall take all reasonable and legal steps to obtain
verifiable identification from prospective temporary homeless encampment residents
and use the identification to obtain sex offender and warrant checks from the
appropriate agency. All legal requirements with respect to prospective residents
identified as sex offenders or having warrants shall be followed.
7.A.c
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Chapter 17.20 ECDC, Temporary Homeless EncampmentPage 5 of 11
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
O. The managing agency and sponsor shall immediately contact the Edmonds police
department if someone is rejected or ejected from the temporary homeless
encampment where the reason for rejection or ejection is an active warrant or a match
on a sex offender check, or if, in the reasonable opinion of the on-duty member or on-
duty security staff, the rejected/ejected person is a potential threat to the community.
P. The managing agency and sponsor shall permit reasonable inspections of the
temporary homeless encampment by the city’s code enforcement officers, building
officials, planning and development director, fire marshal or their designee. The
managing agency and sponsor shall implement all directives resulting from such
inspections within 48 hours of notice, unless otherwise noted.
Q. The managing agency and sponsor may not allow in said encampment, without first
obtaining a building permit, any structure, other than tents, canopies or other
membrane structures, that is greater than 120 square feet or provides shelter for more
than nine persons.
R. Said encampment shall not be materially detrimental to the public welfare or
injurious to the property or improvements in its vicinity.
S. Said encampment shall be in keeping with the goals and policies of the
comprehensive plan.
T. All reasonable measures have been taken to minimize the possible adverse impacts,
which said encampment may have on the areas in which it is located.
U. Because each temporary homeless encampment has unique characteristics,
including but not limited to size, duration, uses, number of occupants and composition,
the hearing examiner shall have the authority to impose conditions to the issuance of
the permit for temporary homeless encampments to mitigate effects on the community
upon finding that said effects are materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity. Conditions, if imposed, must
relate to findings by the hearing examiner, and must be calculated to minimize nuisance
generating features in matters of noise, waste, air quality, unsightliness, traffic, physical
hazards and other similar matters that the temporary homeless encampment may have
on the area in which it is located. In cases where the application for temporary homeless
encampment does not meet the requirements and standards of this chapter or
7.A.c
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Chapter 17.20 ECDC, Temporary Homeless EncampmentPage 6 of 11
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
adequate mitigation may not be feasible or possible, the hearing examiner shall deny
issuance of a temporary homeless encampment permit. [Ord. 4299 § 20 (Exh. A), 2023; Ord.
3815 § 1, 2010].
17.20.040 Frequency and duration.
The city shall not grant a temporary homeless encampment permit for the same
location more frequently than once in every 365-day period. Temporary homeless
encampments may be approved for a period not to exceed 90 days for every 365-day
period. The site must be restored to its pre-encampment conditions within one week
after the permit expires. [Ord. 3815 § 1, 2010].
17.20.050 Procedural requirements for temporary homeless
encampment permit applications.
Notwithstanding any other provision in the Edmonds Community Development Code,
the following procedures shall apply in accepting, noticing, reviewing and otherwise
processing temporary homeless encampment permit applications (minor procedural
variations that do not cause substantial negative impact to the purpose, nature and
intent of this chapter shall not be the sole cause for denying a temporary homeless
encampment permit application):
A. Application for Temporary Homeless Encampment Permit. A minimum of 45 days
prior to the anticipated start of the encampment, the sponsor and managing agency
shall submit jointly an application for a temporary homeless encampment permit to the
planning and development department. The completed application shall contain at a
minimum the following information:
1. The date that the temporary homeless encampment will commence.
2. The duration of said encampment.
3. The maximum number of residents proposed.
7.A.c
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Chapter 17.20 ECDC, Temporary Homeless EncampmentPage 7 of 11
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
4. The host location.
5. The names of the managing agency and sponsor.
6. Detailed information on how the temporary homeless encampment will comply
with the requirements of this chapter and the International Fire Code.
7. Copy of proposed code of conduct.
8. Permit application fee, which shall not exceed the actual cost associated with the
review and approval of said application.
9. Site plan showing at least the following:
a. Method and location of required screening.
b. Location of food and security tent.
c. Method and location of potable water.
d. Method and location of waste receptacles.
e. Location of required sanitary stations including toilets and hand washing
facility.
f. Location of on-site parking and number of vehicles associated with the
encampment.
g. General location or arrangement of tents.
h. Access routes for emergency vehicles.
B. If the temporary homeless encampment includes tents or membrane structures in
excess of 200 square feet, or canopies in excess of 400 square feet, as defined by the
International Fire Code, permit and approval for the tent, canopy or membrane
structure shall be obtained from the fire marshal.
C. A notice of application and public hearing shall be provided within 10 days after the
city determines that the application is complete. Due to the administrative and
temporary nature of the permit, the comment period shall begin upon mailing of the
notice of application and shall end after 10 days. The notice shall contain, at a minimum,
7.A.c
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Chapter 17.20 ECDC, Temporary Homeless EncampmentPage 8 of 11
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
the date of application, project location, proposed duration and operation of the
temporary homeless encampment, number of residents for said encampment,
summary of conditions that will likely be placed on the operation of said encampment
and requirements of the written code of conduct, instructions on submitting comments,
and date and location of public hearing.
D. The form of the application shall be provided by the planning department upon
request by the applicant. Within 10 days after the city determines that the application is
complete, notice of application and comment period shall be published, mailed and
posted as follows:
1. An abbreviated copy of the notice must be published in the official newspaper of
the city.
2. A copy of the notice must be mailed to (a) owners of all real property within 300
feet of any boundary of the proposed temporary homeless encampment site; and
(b) any neighborhood organization in the vicinity of said site whose contact
information is known to or made known to the city.
3. Copies of the notice must be posted on the proposed temporary homeless
encampment site in a manner reasonably calculated to be visible to and readable
by persons traveling on the public right-of-way contiguous to said site.
E. Informational Meeting and Notice Thereof. The sponsor and/or managing agency
shall participate in a community information meeting organized by the city. Notice of
the community informational meeting shall be mailed at least 10 days before the
meeting to those listed in subsection (D)(2) of this section. The purpose of the meeting is
to provide the surrounding community with information regarding the proposed
duration and operation of the temporary homeless encampment, conditions that will
likely be placed on the operation of said encampment, requirements of the written code
of conduct, and to answer questions regarding the temporary homeless encampment.
The community informational meeting is not intended to be part of the official record of
the application.
F. Notices required in this section shall be provided by the city on behalf of the
applicant. [Ord. 4299 § 21 (Exh. A), 2023; Ord. 3815 § 1, 2010].
7.A.c
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Chapter 17.20 ECDC, Temporary Homeless EncampmentPage 9 of 11
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
17.20.060 Requesting modification.
The hearing examiner may approve an application for temporary homeless
encampment permits with proposed standards or procedures that differ from those in
this chapter (except for standards in ECDC 17.20.030(R), (S), (T), and (U), which shall not
be modified) only where, in addition to satisfying all other requirements of this chapter,
the applicant submits a description of the standard or procedure to be modified and
demonstrates that the modification results in a safe homeless encampment for its
residents, mitigates impacts to neighbors and the community under the specific
circumstances of the application, constitutes an accommodation of protected religious,
humanitarian and/or charitable exercise by the applicant and would otherwise
substantially burden its decisions or actions, as a religious organization (as defined in
RCW 35A.21.360), regarding the location of housing or shelter for homeless persons on
property it owns. [Ord. 3815 § 1, 2010].
17.20.070 Notice of decision.
The hearing examiner shall issue a final decision on the permit application within seven
days of the hearing. If issued, the permit for the temporary homeless encampment shall
be issued jointly to the sponsor and managing agency. A copy of the decision, along with
information for appealing the decision, shall be mailed promptly to applicant and
parties of record. Any appeal of the hearing examiner’s final decision shall be made to
Snohomish County superior court in accordance with Chapter 36.70C RCW. [Ord. 3815 § 1,
2010].
17.20.080 Indemnification and hold harmless requirements.
The sponsor and/or managing agency shall provide a written indemnification and hold
harmless agreement stating that the city is not responsible for the actions, inactions or
omissions of the sponsor, managing agency or of any resident of the temporary
homeless encampment. The sponsor and/or managing agency shall indemnify, defend
and hold the city, its officials, officers, employees, agents and volunteers, past and
present, harmless from any and all claims of liability of any nature whatsoever for the
7.A.c
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Chapter 17.20 ECDC, Temporary Homeless EncampmentPage 10 of 11
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
injury to or death of any person or damage to any property, real or personal, including
attorney’s fees, arising out of or occasioned in any manner by reason of the following:
(A) the actions, inactions or omissions of the sponsor and managing agency or any
encampment resident; and (B) the city’s lawful entry into the temporary homeless
encampment to enforce this chapter. This section, however, shall not apply when the
sponsor of the temporary homeless encampment is a “religious organization” as defined
in RCW 35A.21.360. [Ord. 3815 § 1, 2010].
17.20.090 Enforcement.
Violations of this chapter are punishable under Chapter 20.110 ECDC, Chapter 5.50 ECC
and as otherwise provided by law, and are subject to criminal prosecution, injunctive
and other forms of relief which the city may seek. [Ord. 3815 § 1, 2010].
17.20.100 Conflict.
In the event that there is a conflict between the provisions of this chapter and any other
city ordinance, the provisions of this chapter shall control. [Ord. 3815 § 1, 2010].
17.20.110 No intent to create protected/benefited class.
This chapter is intended to promote the health, safety and welfare of the general public.
Nothing contained in this chapter is intended to be nor shall be construed to create or
otherwise establish any particular class or group of persons who will or should be
especially protected or benefited by the provisions in this chapter. This chapter is not
intended to be, nor shall be, construed to create any basis for liability on the part of the
city, its officials, officers, employees or agents for any injury or damage that an
individual, class or group may claim arises from any action or inaction on the part of the
city, its officials, officers, employees or agents. Nothing contained in this chapter is
intended to, nor shall be construed to, impose upon the city any duty that can become
the basis of a legal action for injury or damage. [Ord. 3815 § 1, 2010].
7.A.c
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Chapter 17.20 ECDC, Temporary Homeless EncampmentPage 11 of 11
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
The Edmonds Community Development Code is current through Ordinance 4375,
passed December 10, 2024.
Disclaimer: The city clerk’s office has the official version of the Edmonds Community
Development Code. Users should contact the city clerk’s office for ordinances passed
subsequent to the ordinance cited above.
City Website: www.edmondswa.gov
Hosted by General Code.
7.A.c
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ECDC 17.100.020, ChurchesPage 1 of 3
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
17.100.020 Churches.
A. Permitted Use. Churches shall be allowed uses within all residential, business and
commercial zones, subject to the requirements of this section. Neighborhood churches
shall be outright permitted uses in all zones; community churches shall be conditional
uses in all zones.
B. Site Size. All church sites shall meet the minimum lot size for the zone in which they
are located.
C. Parking Requirements. All churches shall meet the on-site parking requirements of
Chapter 17.50 ECDC. Joint use parking arrangements may be authorized under the
provisions of Chapter 20.30 ECDC.
All on-site parking lots shall be screened from adjacent residential properties with a
solid wall or sight-obscuring fence not less than six feet in height. Such walls or fences
may be built progressively as the parking facilities are installed. Landscaping shall be
required in accordance with ECDC 20.13.025 and any additional conditions or
requirements imposed pursuant to ADB review as required by Chapter 20.10 ECDC.
The plan shall address the following: traffic control, parking management, mitigation
measures for overflow parking into adjoining residential areas, and traffic movement to
the nearest arterial street.
D. Orientation to Transportation Facilities.
1. Neighborhood churches may be located upon a local (non-arterial) street.
2. Community churches that measure 22,000 square feet shall be located adjacent
to a collector or minor arterial street, or within 1,200 feet, as measured along the
centerline of the right-of-way, of a principal arterial street.
E. Height. The maximum height shall not exceed the maximum height for the zone in
which the church is located, provided, however, that:
1. In residential neighborhoods or in zones in which the height limit would not
permit construction of a structure of 50 feet in height, a steeple, bell tower, cross or
other religious symbol or icon may be permitted to a maximum total height,
7.A.d
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ECDC 17.100.020, ChurchesPage 2 of 3
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
inclusive of such symbols or icons, of 50 feet, with a conditional use permit, in which
case the minimum setback shall be increased by one foot for each one foot for
which any portion of the structure that exceeds the maximum height for the
applicable zoning district; and
2. In residential zones or any zone in which a structure 35 feet in height is not a
permitted use, sanctuaries, auditoriums and other portions of a structure which are
utilized for religious assembly may be permitted to a height of 35 feet with a
conditional use permit.
F. Separate On-Site Structures. The maximum height for separate structures within the
setback areas, such as bell towers, crosses, statuary, or other symbolic religious icons
shall be 15 feet within residential zones and 20 feet in all other zones.
G. Lighting. All exterior lighting shall be arranged and directed so as to direct the light
away from adjacent residential uses.
H. Noise. The noise levels generated by bell towers, chimes, live or recorded music,
voices, or other sources, whether amplified or not, shall not violate the maximum
environmental noise levels as established in WAC 173-60-040, as hereafter amended.
I. Secondary Uses.
1. Any use otherwise allowed or conditionally permitted within the particular zone
in which the church is located, may be allowed as a secondary use; provided, that
the conditions of subsections (I)(2) and (3) of this section are met.
2. If the proposed secondary use is a conditional or nonconforming use in the zone
in which the church is located, then a conditional use permit shall be required for
such secondary use.
3. A use shall be considered secondary only where the use is subordinate to the
primary use of free worship, with respect to at least two of the following criteria:
a. The amount of space allocated to the use;
b. The duration of use; or
c. The number of people served or involved in the use. [Ord. 3353 § 12, 2001].
7.A.d
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ECDC 17.100.020, ChurchesPage 3 of 3
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
The Edmonds Community Development Code is current through Ordinance 4375,
passed December 10, 2024.
Disclaimer: The city clerk’s office has the official version of the Edmonds Community
Development Code. Users should contact the city clerk’s office for ordinances passed
subsequent to the ordinance cited above.
City Website: www.edmondswa.gov
Hosted by General Code.
7.A.d
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Chapter 17.105 ECDC, Emergency Temporary Indoor ShelterPage 1 of 3
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
Chapter 17.105
EMERGENCY TEMPORARY INDOOR SHELTER
Sections:
17.105.000 Intent.
17.105.010 Definitions.
17.105.020 Temporary change in use.
17.105.030 Zoning districts where permitted.
17.105.000 Intent.
The city is committed to support public and nonprofit agencies to safely provide needed
emergency temporary indoor shelters to indigent persons and to allow for a compliance
permitting process for exemptions to State Building Code as set forth in RCW 19.27.042,
WAC 51-16-030 and ECDC 19.00.040. No provision in any ordinance adopted by the city
shall be applied or interpreted to prohibit an emergency temporary homeless shelter
when the same or equivalent is specifically allowed under state or federal law, rule or
regulation under similar circumstances, or to impose any condition to the approval
thereof that is specifically prohibited under the same. [Ord. 3814 § 1, 2010].
17.105.010 Definitions.
The following definitions shall apply to this chapter:
A. “Emergency temporary homeless shelter” shall be defined as short-term residence
for a group of people at a permanent building’s indoor facility that is organized by a
sponsor with services provided by a sponsor.
B. “Short-term” shall be defined as 14 days or less during any consecutive 30-day
period.
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Chapter 17.105 ECDC, Emergency Temporary Indoor ShelterPage 2 of 3
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
C. “Sponsor” shall be defined as a community-based organization that is a public
agency or nonprofit corporation/organization, and that fulfills its mission, in part, by
organizing living accommodations for the homeless. [Ord. 3814 § 1, 2010].
17.105.020 Temporary change in use.
A. Pursuant to RCW 19.27.042, WAC 51-16-030 and ECDC 19.00.040 the character of
use or occupancy of an existing building located in the city of Edmonds may be
temporarily changed in order to provide emergency temporary homeless shelter for
indigent persons without conforming to all of the requirements of the State Building
Code; provided, that the proponent of an exemption applies and is approved for a
compliance permit for the proposed exemption, and complies with conditions thereto.
B. Compliance permits for exemptions shall be reviewed and approved by the city’s
building official (or designee), in consultation with the city’s fire marshal (or designee), as
a Type I action based on the following guidelines:
1. Any code deficiencies to be exempted pose no threat to human life, health, or
safety;
2. The building is owned or administered by a public agency or nonprofit
corporation; and
3. The proposed emergency temporary homeless shelter for indigent persons is
less hazardous than the existing use.
C. The city’s building official and fire marshal (or designees) shall consider the
requirements and exclusions for nonconforming religious buildings in ECDC 19.00.040
when reviewing and approving an application for compliance permits for exemptions.
D. A compliance permit for an exemption shall be valid for no more than 180 days,
except that the city’s building official, in consultation with the fire marshal or his
designee, may approve a renewal based on the same guidelines as the initial permit. As
a condition of approval, a building for which a compliance permit for exemption is
issued shall not be used as an emergency temporary homeless shelter for more than 14
7.A.e
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Chapter 17.105 ECDC, Emergency Temporary Indoor ShelterPage 3 of 3
The Edmonds Community Development Code is current through Ordinance 4375, passed December
10, 2024.
days during any consecutive 30-day period. Failure to comply with any condition of
approval shall be cause to suspend or revoke the permit. [Ord. 3814 § 1, 2010].
17.105.030 Zoning districts where permitted.
Emergency temporary homeless shelters shall be permitted as a primary or secondary
use at all zoning districts where churches or any kind of local public facilities are
permitted as primary uses. [Ord. 3814 § 1, 2010].
The Edmonds Community Development Code is current through Ordinance 4375,
passed December 10, 2024.
Disclaimer: The city clerk’s office has the official version of the Edmonds Community
Development Code. Users should contact the city clerk’s office for ordinances passed
subsequent to the ordinance cited above.
City Website: www.edmondswa.gov
Hosted by General Code.
7.A.e
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FINAL BILL REPORT
ESHB 1998
C 180 L 24
Synopsis as Enacted
Brief Description: Concerning co-living housing.
Sponsors: House Committee on Housing (originally sponsored by Representatives Gregerson,
Barkis, Leavitt, Rule, Ryu, Reed, Morgan, Fitzgibbon, Berry, Duerr, Bronoske, Ramos,
Ramel, Bateman, Peterson, Chambers, Taylor, Simmons, Ormsby, Graham, Callan, Macri,
Donaghy, Doglio, Mena, Nance, Riccelli, Cortes, Santos, Pollet and Davis).
House Committee on Housing
Senate Committee on Local Government, Land Use & Tribal Affairs
Background:
The Growth Management Act (GMA) is the comprehensive land use planning framework
for counties and cities in Washington. The GMA establishes land-use designation and
environmental protection requirements for all Washington counties and cities. The GMA
also establishes a significantly wider array of planning duties for 28 counties, and the cities
within those counties, that are obligated to satisfy all planning requirements of the GMA.
These jurisdictions are sometimes said to be fully planning under the GMA.
Counties that fully plan under the GMA must designate urban growth areas (UGAs), within
which urban growth must be encouraged and outside of which growth may occur only if it
is not urban in nature. Each city in a county must be included in a UGA. Planning
jurisdictions must include within their UGAs sufficient areas and densities to accommodate
projected urban growth for the succeeding 20-year period.
The GMA also directs fully planning jurisdictions to adopt internally consistent
comprehensive land use plans. Comprehensive plans are implemented through locally
adopted development regulations, and both the plans and the local regulations are subject to
review and revision requirements prescribed in the GMA. Comprehensive plans must be
reviewed and, if necessary, revised every 10 years to ensure that it complies with the GMA.
When developing their comprehensive plans, counties and cities must consider various
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
ESHB 1998- 1 -House Bill Report
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goals set forth in statute.
Each comprehensive plan must include a plan, scheme, or design for certain mandatory
elements, including a housing element. The housing element must ensure the vitality and
character of established residential neighborhoods.
Summary:
Co-living housing is a residential development with sleeping units that are independently
rented and lockable and provide living and sleeping space, and residents share kitchen
facilities with other sleeping units in the building. Local governments may use other names
to refer to co-living housing including congregate living facilities, single room occupancy,
rooming house, boarding house, lodging house, and residential suites.
By December 31, 2025, a fully planning city or county must adopt development regulations
allowing co-living housing on any lot located within a UGA that allows at least six
multifamily residential units, including on a lot zoned for mixed use development. In
addition, a city or county may not require co-living housing to:
contain room dimensional standards larger than that required by the State Building
Code, including dwelling unit size, sleeping unit size, room area, and habitable space;
•
provide a mix of unit sizes or number of bedrooms; or•
include other uses.•
A fully planning city or county may not require co-living housing to provide off-street
parking within 0.5 miles walking distance of a major transit stop or provide more than 0.25
off-street parking spaces per sleeping unit, unless:
the city or county submits to the Department of Commerce (Commerce) an empirical
study prepared by a credentialed transportation or land use planning expert that
clearly demonstrates, and Commerce finds and certifies, that the application of the
off-street parking limitations for co-living housing will be significantly less safe for
vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's
parking requirements were applied to the same location; or
•
the housing is located in a portion of a city within a 1-mile radius of a commercial
airport in Washington with at least 9 million annual enplanements.
•
A fully planning city or county may not:
require any standards for co-living housing that are more restrictive than those
required for other types of multifamily residential uses in the same zone;
•
exclude co-living housing from participating in affordable housing incentive
programs;
•
treat a sleeping unit in co-living housing as more than 0.25 of a dwelling unit for
purposes of calculating dwelling unit density; and
•
treat a sleeping unit in co-living housing as more than 0.5 of a dwelling unit for
purposes of calculating fees for sewer connections, unless the city or county makes a
•
ESHB 1998- 2 -House Bill Report
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finding, based on facts, that the sewer connection fees should exceed the one-half
threshold.
A city or county may only require a review, notice, or public meeting for co-living housing
that is required for other types of residential uses in the same location, unless otherwise
required by state law.
Any action taken by a city or county to implement co-living housing requirements is not
subject to a legal challenge under the GMA or the State Environmental Policy Act (SEPA).
Votes on Final Passage:
House 96 0
Senate 44 4 (Senate amended)
House 97 0 (House concurred)
Final Passage Votes
Effective:June 6, 2024
ESHB 1998- 3 -House Bill Report
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CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1998
Chapter 180, Laws of 2024
68th Legislature
2024 Regular Session
CO-LIVING HOUSING
EFFECTIVE DATE: June 6, 2024
Passed by the House March 4, 2024
Yeas 97 Nays 0
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate February 22,
2024
Yeas 44 Nays 4
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SUBSTITUTE HOUSE BILL
1998 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved March 19, 2024 9:46 AM FILED
March 19, 2024
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
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AN ACT Relating to legalizing inexpensive housing choices through 1
co-living housing; adding a new section to chapter 36.70A RCW; and 2
creating a new section.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. (1) The legislature makes the following 5
findings:6
(a) Washington state is experiencing a housing affordability 7
crisis;8
(b) Co-living housing is a type of housing that can provide 9
rental homes affordable to people with moderate to low incomes 10
without requiring any public funding, and rents in newly constructed, 11
market-rate co-living housing in the Puget Sound region can be 12
affordable to people with incomes as low as 50 percent of area median 13
income;14
(c) Co-living housing is a residential development with sleeping 15
units that are independently rented and provide living and sleeping 16
space, in which residents share kitchen facilities with residents of 17
other units in the building;18
(d) Co-living housing historically provided a healthy inventory 19
of rental homes on the lowest rung of the private housing market, 20
comprising up to 10 percent of housing in some cities;21
ENGROSSED SUBSTITUTE HOUSE BILL 1998
AS AMENDED BY THE SENATE
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By House Housing (originally sponsored by Representatives Gregerson,
Barkis, Leavitt, Rule, Ryu, Reed, Morgan, Fitzgibbon, Berry, Duerr,
Bronoske, Ramos, Ramel, Bateman, Peterson, Chambers, Taylor, Simmons,
Ormsby, Graham, Callan, Macri, Donaghy, Doglio, Mena, Nance,
Riccelli, Cortes, Santos, Pollet, and Davis)
READ FIRST TIME 01/15/24.
p. 1 ESHB 1998.SL
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(e) Starting in the mid-20th century, local governments began 1
adopting restrictive zoning and other rules that increasingly 2
prohibited co-living housing, or made it impractical to build or 3
operate, and its numbers plummeted;4
(f) Today, many cities and counties outright prohibit co-living 5
housing on most of their residential land, or they enforce any number 6
of restrictions that make it effectively impossible to build new co-7
living housing or to convert existing buildings into co-living 8
housing;9
(g) Co-living housing provides options for people who:10
(i) Wish to lower their housing expenses by paying less for a 11
smaller home;12
(ii) Prefer a living arrangement with shared community spaces 13
that facilitate social connections;14
(iii) Wish to trade off location for space and, by living in a 15
small home, also get to live in a high opportunity neighborhood they 16
could not otherwise afford; or17
(iv) Want a low-cost, more private alternative to having a 18
roommate in a traditional rental;19
(h) Many communities throughout Washington face a severe shortage 20
of workforce housing, and co-living housing provides housing 21
affordable to that income range and below, without public funding;22
(i) Co-living housing reduces pressure on the limited amount of 23
publicly funded affordable housing by providing housing that is 24
affordable to lower income residents who might otherwise wait years 25
for subsidized housing;26
(j) Co-living housing works best for single-person households, 27
but the housing for singles that it provides reduces demand for 28
family-sized rentals from singles who would otherwise group together 29
to rent large homes;30
(k) Co-living housing provides a good option for seniors, 31
especially those who want to downsize, or those who desire a living 32
arrangement that is more social than a standard apartment. When 33
located in walkable neighborhoods, co-living housing gives mobility 34
options to seniors who can no longer drive;35
(l) Co-living housing is well-suited for the conversion of office 36
buildings to housing, because it typically requires less plumbing and 37
fixtures for kitchens and bathrooms;38
p. 2 ESHB 1998.SL
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(m) Co-living housing is well-suited for very low-income people, 1
supportive and recovery housing, and "housing first" homes for the 2
formerly homeless;3
(n) State building codes have established minimum sizes and other 4
standards to ensure that co-living housing meets modern health and 5
safety standards;6
(o) Creating co-living housing near transit hubs, employment 7
centers, and public amenities can help the state achieve its 8
greenhouse gas reduction goals by increasing walkability, shortening 9
household commutes, curtailing sprawl, and reducing the pressure to 10
develop natural and working lands; and11
(p) Co-living housing, because the units are small, is inherently 12
more energy efficient than standard apartments, both saving residents 13
money and reducing the state's energy demand.14
(2) Therefore, the legislature intends to allow the creation of 15
co-living housing as a means to address the need for additional 16
affordable housing options for a diversity of Washington residents.17
NEW SECTION. Sec. 2. A new section is added to chapter 36.70A 18
RCW to read as follows:19
(1) Cities and counties planning under this chapter must allow 20
co-living housing as a permitted use on any lot located within an 21
urban growth area that allows at least six multifamily residential 22
units, including on a lot zoned for mixed use development.23
(2) A city or county subject to the provisions of this section 24
may not require co-living housing to:25
(a) Contain room dimensional standards larger than that required 26
by the state building code, including dwelling unit size, sleeping 27
unit size, room area, and habitable space;28
(b) Provide a mix of unit sizes or number of bedrooms; or29
(c) Include other uses.30
(3)(a) A city or county subject to the provisions of this section 31
also may not require co-living housing to:32
(i) Provide off-street parking within one-half mile walking 33
distance of a major transit stop; or34
(ii) Provide more than 0.25 off-street parking spaces per 35
sleeping unit.36
(b) The provisions of (a) of this subsection do not apply:37
(i) If a city or county submits to the department an empirical 38
study prepared by a credentialed transportation or land use planning 39
p. 3 ESHB 1998.SL
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expert that clearly demonstrates, and the department finds and 1
certifies, that the application of the parking limitations of (a) of 2
this subsection will be significantly less safe for vehicle drivers 3
or passengers, pedestrians, or bicyclists than if the jurisdiction's 4
parking requirements were applied to the same location. The 5
department must develop guidance to assist cities and counties on 6
items to include in the study; or7
(ii) To portions of cities within a one-mile radius of a 8
commercial airport in Washington with at least 9,000,000 annual 9
enplanements.10
(4) A city or county may not require through development 11
regulations any standards for co-living housing that are more 12
restrictive than those that are required for other types of 13
multifamily residential uses in the same zone.14
(5) A city or county may only require a review, notice, or public 15
meeting for co-living housing that is required for other types of 16
residential uses in the same location, unless otherwise required by 17
state law including, but not limited to, shoreline regulations under 18
chapter 90.58 RCW.19
(6) A city or county may not exclude co-living housing from 20
participating in affordable housing incentive programs under RCW 21
36.70A.540.22
(7) A city or county may not treat a sleeping unit in co-living 23
housing as more than one-quarter of a dwelling unit for purposes of 24
calculating dwelling unit density.25
(8) A city or county may not treat a sleeping unit in co-living 26
housing as more than one-half of a dwelling unit for purposes of 27
calculating fees for sewer connections, unless the city or county 28
makes a finding, based on facts, that the connection fees should 29
exceed the one-half threshold.30
(9)(a) A city or county subject to the requirements of this 31
section must adopt or amend by ordinance and incorporate into their 32
development regulations, zoning regulations, and other official 33
controls the requirements of this section to take effect no later 34
than December 31, 2025.35
(b) In any city or county that has not adopted or amended 36
ordinances, regulations, or other official controls as required under 37
this section, the requirements of this section supersede, preempt, 38
and invalidate any conflicting local development regulations.39
p. 4 ESHB 1998.SL
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(10) Any action taken by a city or county to comply with the 1
requirements of this section is not subject to legal challenge under 2
this chapter or chapter 43.21C RCW.3
(11) For the purposes of this section, the following definitions 4
apply:5
(a) "Co-living housing" means a residential development with 6
sleeping units that are independently rented and lockable and provide 7
living and sleeping space, and residents share kitchen facilities 8
with other sleeping units in the building. Local governments may use 9
other names to refer to co-living housing including, but not limited 10
to, congregate living facilities, single room occupancy, rooming 11
house, boarding house, lodging house, and residential suites.12
(b) "Major transit stop" means:13
(i) A stop on a high capacity transportation system funded or 14
expanded under the provisions of chapter 81.104 RCW;15
(ii) Commuter rail stops;16
(iii) Stops on rail or fixed guideway systems, including 17
transitways;18
(iv) Stops on bus rapid transit routes or routes that run on high 19
occupancy vehicle lanes; or20
(v) Stops for a bus or other transit mode providing actual fixed 21
route service at intervals of at least 15 minutes for at least five 22
hours during the peak hours of operation on weekdays.23
Passed by the House March 4, 2024.
Passed by the Senate February 22, 2024.
Approved by the Governor March 19, 2024.
Filed in Office of Secretary of State March 19, 2024.
--- END ---
p. 5 ESHB 1998.SL
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FINAL BILL REPORT
SHB 1326
C 249 L 23
Synopsis as Enacted
Brief Description: Waiving municipal utility connection charges for certain properties.
Sponsors: House Committee on Local Government (originally sponsored by Representatives
Cortes, Chopp, Berry, Duerr, Farivar, Morgan, Peterson, Ramel, Ryu, Senn, Simmons,
Walen, Mena, Reed, Doglio, Pollet, Springer and Macri).
House Committee on Local Government
Senate Committee on Local Government, Land Use & Tribal Affairs
Background:
Cities and towns (cities) are authorized to acquire and operate waterworks for the provision
of water to the city. The city may charge for the use of its water, but any rates that the city
charges must be uniform for the same class of customers or service. The rates charged to a
class must be at least the cost of the water and service.
Cities are also authorized to acquire and operate sewerage and solid waste handling
facilities. Rates for these services also have to be uniform for the same class of customers
or service.
In setting classifications for water or sewerage, the city can consider differences in the cost
of services to customers and in maintenance and operation of the system, the location of the
customers, the character of the service provided, the quantity or quality of the service
supplied and the time of its use, and any other reasonable grounds for distinction. For water
user classifications, cities can also consider water conservation goals and discouraging
wasteful water practices, while sewerage use classifications can take into account the user's
public benefit nonprofit status.
Aside from the rates that cities can charge for the use of water and sewerage services, cities
can also charge connection fees. These are fees charged to property owners as a condition
of being able to connect to the water or sewerage system. These can represent both the cost
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
SHB 1326- 1 -House Bill Report
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of the connection itself and a reasonable charge to ensure that the connecting property
owners bear an equitable share of the cost of the system. This equitable share may include
interest charges from the date of construction of the system until its connection, or up to 10
years, whichever is less. The interest rate charged may be the same interest rate that was
applicable to the city at the time of the construction or of a major rehabilitation of the water
system, up to 10 percent per year, though the aggregate interest imposed cannot exceed the
equitable share of the cost of the system allocated to the connecting users.
Cities are authorized to provide assistance to people with low income in connection with
water, sewer, solid waste, gas, and electric services operated by the city. Cities may waive
or delay connection fees related to these services for people with low income under a
program established by an ordinance.
Summary:
Cities are authorized to establish, by ordinance, a program to waive connection charges for
connecting to a city water and sewerage system for properties owned or developed by, or on
the behalf of, a nonprofit organization, housing authority, or local agency that provides
emergency shelter, transitional housing, permanent supportive housing, or affordable
housing. Any waived connection charges must be funded using general funds, grant dollars,
or other identified revenue stream. If a property that received a waiver is no longer eligible
for a waiver, any waived connection charges become immediately due and payable as a
condition of continued service.
A facility provides emergency shelter if its sole purpose is to provide temporary shelter to
the homeless and does not require a lease or occupancy agreement. Housing is affordable if
the monthly costs for the housing, including non-telephone utilities, do not exceed 30
percent of the monthly income of a household with income of:
60 percent of the median income of the county in which the household is located for
rental housing; and
•
80 percent of the median income of the county in which the household is located for
owner-occupied housing.
•
Permanent supportive housing is subsidized, leased housing with no limit on the length of
stay that prioritizes people at risk of, or currently experiencing, homelessness and who need
support services to retain tenancy. It uses lower barriers to entry than would be typical for
other subsidized or unsubsidized rental housing, and is paired with support services for
disabling behavioral health or physical health conditions.
Transitional housing provides housing and supportive services to homeless persons or
families for up to two years, with the goal of moving homeless persons and families into
independent living.
Votes on Final Passage:
SHB 1326- 2 -House Bill Report
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House 83 15
Senate 45 1 (Senate amended)
House 84 12 (House concurred)
Effective:July 23, 2023
SHB 1326- 3 -House Bill Report
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CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1326
Chapter 249, Laws of 2023
68th Legislature
2023 Regular Session
MUNICIPAL UTILITIES—CONNECTION CHARGE WAIVERS
EFFECTIVE DATE: July 23, 2023
Passed by the House April 13, 2023
Yeas 84 Nays 12
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 6, 2023
Yeas 45 Nays 1
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
SUBSTITUTE HOUSE BILL 1326 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved May 4, 2023 10:23 AM FILED
May 4, 2023
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
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AN ACT Relating to waiving municipal utility connection charges 1
for certain properties; amending RCW 35.92.380; and adding a new 2
section to chapter 35.92 RCW.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 35.92 5
RCW to read as follows:6
(1) Municipal utilities formed under this chapter may waive 7
connection charges for properties owned or developed by, or on the 8
behalf of, a nonprofit organization, public development authority, 9
housing authority, or local agency that provides emergency shelter, 10
transitional housing, permanent supportive housing, or affordable 11
housing, including a limited partnership as described in RCW 12
84.36.560(7)(f)(ii) and a limited liability company as described in 13
RCW 84.36.560(7)(f)(iii).14
(2) Connection charges waived under this chapter shall be funded 15
using general funds, grant dollars, or other identified revenue 16
stream.17
(3) At such time as a property receiving a waiver under 18
subsection (1) of this section is no longer operating under the 19
eligibility requirements under subsection (1) of this section:20
SUBSTITUTE HOUSE BILL 1326
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Local Government (originally sponsored by Representatives
Cortes, Chopp, Berry, Duerr, Farivar, Morgan, Peterson, Ramel, Ryu,
Senn, Simmons, Walen, Mena, Reed, Doglio, Pollet, Springer, and
Macri)
READ FIRST TIME 01/31/23.
p. 1 SHB 1326.SL
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(a) The waiver of connection charges required under subsection 1
(1) of this section is no longer required; and2
(b) Any connection charges waived under subsection (1) of this 3
section are immediately due and payable to the utility as a condition 4
of continued service.5
(4) For the purposes of this section:6
(a) "Affordable housing" has the same meaning as in RCW 7
36.70A.030.8
(b) "Connection charges" means the one-time capital and 9
administrative charges, as authorized in RCW 35.92.025, that are 10
imposed by a utility on a building or facility owner for a new 11
utility service and costs borne or assessed by a utility for the 12
labor, materials, and services necessary to physically connect a 13
designated facility to the respective utility service.14
(c) "Emergency shelter" means any facility that has, as its sole 15
purpose, the provision of a temporary shelter for the homeless and 16
that does not require occupants to sign a lease or occupancy 17
agreement.18
(d) "Permanent supportive housing" has the same meaning as in RCW 19
36.70A.030.20
(e) "Transitional housing" has the same meaning as in RCW 21
84.36.043.22
Sec. 2. RCW 35.92.380 and 1980 c 150 s 1 are each amended to 23
read as follows:24
Whenever a city or town waives or delays collection of tap-in 25
charges, connection fees, or hookup fees for ((low income)) low-26
income persons, ((or)) a class of ((low income)) low-income persons, 27
or a nonprofit organization, public development authority, housing 28
authority, or local agency that provides emergency shelter, 29
transitional housing, permanent supportive housing, or affordable 30
housing as defined in section 1 of this act to connect to lines or 31
pipes used by the city or town to provide utility service, the waiver 32
or delay shall be pursuant to a program established by ordinance. As 33
used in this section, the provision of "utility service" includes, 34
but is not limited to, water, sanitary or storm sewer service, 35
electricity, gas, other means of power, and heat.36
Passed by the House April 13, 2023.
Passed by the Senate April 6, 2023.
Approved by the Governor May 4, 2023.
p. 2 SHB 1326.SL
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Filed in Office of Secretary of State May 4, 2023.
--- END ---
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Planning Board Agenda Item
Meeting Date: 03/12/2025
NCH Code Update Discussion
Staff Lead: Navyusha Pentakota
Department: Planning & Development
Prepared By: Navyusha Pentakota
Background/History
In 2024, Edmonds has updated its Comprehensive Plan adopting a growth strategy that designated
certain areas that had existing commercial and multifamily properties as key focus areas for growth and
infrastructure development. These designated areas, known as Neighborhood Centers and Hubs (NCH),
will accommodate new multifamily housing within a neighborhood setting, as well as provide for small-
scale commercial and mixed-use spaces.
While meeting housing needs is a priority, the broader goal for these areas is to encourage walkability,
people places, services, amenities, open spaces, and pedestrian friendly streetscapes that enhance the
overall sense of community and reduce the need to drive to obtain services. To enable development in
these centers and hubs as desired, the development code needs to be updated to accommodate the
additional housing and mix of uses.
Per state legislation, updating the city's code for the additional housing was actually due by the end of
2024. With limited resources, the City could not quite accomplish this before the Comprehensive Plan
update was complete. So, an interim (temporary) ordinance for the neighborhood centers and hubs was
adopted by the City Council on January 14, 2025. An interim ordinance is a temporary way to adopt
regulations to meet a time-sensitive goal. This temporary code may be in effect no more than six months
unless the City Council adopts an extension. Staff are actively working on developing a permanent
ordinance which is to be adopted by the council no later than June 2025.
Staff Recommendation
No recommendation needed but input on issues raised in attached slide deck would be useful. This is an
informational session to discuss the work flow and process.
Narrative
There are four Neighborhood Centers - Five Corners, Westgate, Firdale, and Medical District Expansion -
and five Neighborhood Hubs - North Bowl, Maplewood, East Sea View, West Edmonds Way, and South
Ballinger - as illustrated in Figure 2.5 of the Comprehensive Plan. These are areas within Edmonds with
the opportunity to create vibrant, sustainable places that:
· Allow multifamily residential, commercial and mixed uses, along with existing single-family
housing ·
· Establish height limits consistent with Comprehensive Plan maps for each center and hub (i.e., 3,
7.B
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4, or 5-story maximum)
· Allow a one-floor bonus height (an additional 10’) as an incentive for a development proposal to
include community amenities, such as a plaza, pocket park, or open space ·
· Require some less parking, and
· Provide design standards applicable specifically to these areas.
To establish neighborhood centers and hubs and support future development, a new interim
development code chapter, Chapter 16.120 ECDC, was adopted. The interim NCH code language is
provided as Attachment 2. This code includes key components such as its purpose, effects, and
applicability, along with definitions and the creation of three subdistricts aligned with the 2024
Comprehensive Plan. The ordinance covers various uses, including commercial activities, and establishes
site development standards. It also outlines community benefit requirements for potential incentive
floors in multifamily or mixed-use buildings. Furthermore, the code includes design standards, signage
regulations, and parking requirements, including motor vehicles, bicycles, and electric vehicle (EV)
charging stations.
Staff is currently identifying commonalities and differences between the nine centers and hubs to
develop standards tailored to each area's characteristics where necessary. This update process involves
discussions with the Planning Board, City Council, and the community. Past conversations revealed
concerns about the impact of taller buildings adjacent to existing single-family homes. There is interest
in creating transitions to mitigate the effects of introducing diverse uses next to residential areas. Staff
has reviewed typical lot sizes in each center/hub to assess the flexibility of proposed development and to
develop additional setbacks and height limitations where necessary. These adjustments will help ensure
that the integration of different uses is carefully managed, maintaining community cohesion and
minimizing potential impacts on residents, such as privacy, noise, and traffic flow. Clear visuals will be
provided to show how these standards apply in various scenarios, ensuring that building heights limit
impact on the privacy or character of existing single-family areas. Staff will present this information at
the Planning Meeting on March 12 and engage in a general discussion about how the current standards
relate to community concerns.
The interim ordinance also restricts existing single-family redevelopment potential to not exceed the
current building footprint (except for detached ADUs). Based on feedback, additional flexibility is
proposed to allow limited expansion of existing single-family homes within centers and hubs, which will
be discussed with the Planning Board.
Additionally, staff will share upcoming opportunities for Edmonds residents and business owners to
participate in shaping the future of the city.
Attachments:
NCH update slides
Adopted Interim Ordinance Centers and Hubs
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Neighborhood Centers & Hubs Code Update
Planning Board_ March 12, 2025
2025 Code Updates
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Topics of
Discussion
•Typical Lot Sizes and building
scenarios in transition zones.
•Flexibility for expanding existing
single-family homes
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60’
Scenario 1: SF across the street
33’
25’
*For illustrative purpose only
30’
25’
60’ Street width 15’
setback
100’ Street width
42’
25’street
setback
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10’ side
setback
30’ within 20, from
property line
20’ ht restriction
42’
52’
30’ within 20, from
property line
20’ ht restriction
10’ side
setback
15’ street
setback
15’ rear
setback
10’ side
setback
10’ side
setback
Ht limited
to 30’
within the
first 20,
from
property
line
Scenario 2: SF abutting the side and/or rear *For illustrative purpose only
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Scenario 3: SF across the street, andon the side, rear
15’ rear setback
10’ side setback
15’ street setback
Ht limited to 30’
within the first
20, from
property line
15’ street setback
15’ rear setback
10’ side
setback
Ht limited to 30’
within the first
20, from
property line
30’ within 20, from
property line
30’ within 20, from
property line
40’
25’25’
*For illustrative purpose only
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Scenario 4: SF abutting partially
15’ street
setback
15’ rear
setback
10’ side
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10’ side
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Ht limited to 30’ within
the first 20, from
property line
No additional ht
restriction
*For illustrative purpose only
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Transition zone scenarios (Centers)
FiveCornersWestgate Medical
District
Expansion
Firdale
Lots that do NOT abut single family at all
Lots that align with scenario 2
Lots that align with scenario 1
Lots that align with scenario 4
*Not to scale
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Transition zone scenarios (Hubs)
Lots that do NOT abut single family at all
Lots that align with scenario 1
Lots that align with scenario 2
Lots that align with scenario 4
*Not to scale
East SeaView
West Edmonds Way
South Ballinger
North Bowl
Maplewood
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Flexibility for expanding existing
Single-Family
When adding a living space, bedroom, bath and kitchen
•Allows accessory dwelling units.
•Allow up to 1000 Sq.ft
•35% lot coverage applies
•Setbacks apply if not attached to the existing building
Current zone Sub
Districts
Maximum Gross
Floor Area (Sq.
Ft.)
RS-6, RS-8 1000
RS-10, RS-12, RS-
20
1200
Center/Hub Existing SF
Five corners RS-8
Westgate RS-8
Firdale None
Med Dist RS-8
Maplewood RS-8, RS-10
East Seaview RS-8
North Bowl RS-12
South Ballinger none
West Edmonds
way
none
while still encouraging redevelopment that adds commercial
and multifamily primarily to centers and hubs
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When adding a smaller space
•Single family extension unit permit.
•Allow by right if it’s below 800 Sq.ft
•Allowed by right if it is for an office or retail use.
•Can only be 10% of the existing ground floor
•Allowed by right if going for vertical expansion
provided the existing height hasn’t reached the max
allowed height in residential zones i.e 25’
•35% lot coverage still applies
Flexibility for expanding existing
Single-Family
while still encouraging redevelopment that adds commercial
and multifamily primarily to centers and hubs
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Online Open House (March 13)
6.00-7.30 PM
Walk & Talk
March 27, 28, 31
Visit: 2025codeupdates@edmondswa.gov
Upcoming Community Outreach Opportunities
7.B.a
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Chapter 16.120
Neighborhood Centers and Hubs
Sections:
16.120.000 Purpose
16.120.010 Effect and applicability
16.120.020 Deflnitions
16.120.030 Subdistricts
16.120.040 Uses
16.120.050 Site development standards
16.120.060 Community beneflt for an incentive fioor
16.120.070 Multifamily building types
16.120.080 Design standards
16.120.090 Signage
16.120.100 Motor vehicle parking
16.120.110 Bicycle parking facilities
16.120.120 Electric vehicle charging
16.120.000 Purpose.
The Neighborhood Centers and Hubs (NCH) Zone is established to promote the development of
neighborhood centers and neighborhood hubs as focal points within the city. Neighborhood
centers and hubs bring a mix of neighborhood retail, amenities, and services in proximity to
residents. They also help ensure capacity for multifamily housing to meet the city’s
forecasted need to accommodate a broad range of income levels, consistent with the
City’s Comprehensive Plan. Development in a neighborhood center or hub is intended to
be at a scale not much greater than what is possible around it and to encourage walkability
and an attractive environment that includes trees and open spaces.
7.B.b
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16.120.010 Effect and applicability.
A. This chapter applies to the neighborhood centers and hubs as designated in the
Comprehensive Plan.
B. Neighborhood centers are the areas of Westgate, Five Corners, Medical District
Expansion, and Firdale Village, as shown in Figure 2.5 of the City’s Comprehensive Plan.
C. Neighborhood hubs are the areas of North Bowl, East Seaview, South Lake Ballinger,
West Edmonds Way, and Maplewood, as shown in Figure 2.5 of the City’s Comprehensive
Plan.
D. In the centers and hubs, single-family houses and their accessory or secondary uses
shall be subject to the requirements of Chapter 16.20 ECDC for single-family residential
uses.
E. Where this chapter confiicts with any other, this chapter shall prevail for the designated
centers and hubs.
16.120.020 Deflnitions. In implementing this chapter, the following deflnitions apply.
A. “Community services” mean services provided by a nonproflt or religious organization to
aid people in obtaining housing, food, or medical treatment.
B. “Incentive fioor” means the extra or bonus story allowed in a Mixed-Use 4 or Mixed-Use 5
subdistrict if the conditions in ECD 16.120.060 are met.
C.” Indoor gathering space” mean an indoor space, such as a lobby, shared common
space, and meeting room, for permitted primary uses.
D. “Multifamily housing ” means housing of at least four units attached to each other in
some combination or attached to commercial uses or community facilities.
E. “Pedestrian zone” means the area between the primary street and the exterior of a
building, excluding single-family houses and their accessory or secondary buildings, that is
less than twenty feet from a primary street.
F. “Pocket park” means a small outdoor area that provides dedicated space for passive or
active recreation, open to the public.
G. “Portable sign” means an A-frame sign that stands no taller than 36 inches or a
stanchion sign that stands no taller than 42 inches.
H. “Primary street” means the public street right-of-way that a building faces or when a
property borders two or more streets, the street that typically has the most traffic.
7.B.b
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I. “Retail” means the direct sale of goods to the public for use or consumption.
J. “Right-of-way-related uses” means bus stops, utilities, bicycle paths, pedestrian access,
landscape, and other uses for public beneflt, as typically allowed within or adjacent to a
public right of way.
K. “Voluntary housing ” means assisted living, retirement homes, senior housing, adult
family homes, and other housing where residents may voluntarily live.
16.20.030 Subdistricts. The NCH zone has the following subdistricts:
A. Mixed-Use 3, which provides for an allowed land use or mix of land uses where the
maximum standard height of buildings is no more than three stories and no additional
incentive fioor is allowed;
B. Mixed-Use 4, which provides for an allowed land use or mix of land uses where the
maximum standard height of buildings is three stories without an incentive fioor and where
four stories are allowed with an incentive fioor;
C. “Mixed-Use 5”, which provides for an allowed land use or mix of land uses where the
maximum standard height of buildings is no more than four stories without an incentive
fioor and where flve stories are allowed with an incentive fioor.
16.120.040 Uses.
A. Permitted primary uses are one or more of the following: multiple dwellings, single-
family dwellings built or permitted prior to January 1, 2025 and on the same building
footprint, other forms of voluntary housing, bed-and-breakfasts, commercial uses,
community facilities, community services, offices, open space, open air markets, pocket
parks, plazas, right-of-way-related uses, and community services.
B. Permitted accessory and secondary uses are one or more of the following: accessory
dwellings, home occupations, daycare, garages, workshops, mechanical equipment,
storage facilities, recreation, art, meeting rooms, commuter parking lots containing less
than ten designated spaces in association with a permitted primary use, private parking of
vehicles, indoor gathering spaces, and other uses that do not create a nuisance.
C. Prohibited uses are as follows: sexually oriented businesses, recreational marijuana,
half-way houses, hospitals, and hotels.
D. Any development may have a mix of permitted uses.
E. Multifamily housing that is developed with more than twenty units shall provide ground
fioor commercial space that is equal to at least ten percent of the ground fioor footprint.
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F. Grocery and convenience stores must sell fresh produce and dairy or dairy-substitute
products. Less than half of the shelf and case space must be for the sale of alcoholic
beverages and packaged snack foods.
G. Outdoor dining is allowed, provided that, when within ten feet of a property in single-
family use, it is screened with a combination of plantings and fencing at six feet or more in
height. The provisions of EDC 17.70.040 do not apply to this district.
16.120.050 Site development standards.
A. Height.
1. The height of detached single-family houses and their accessory/secondary uses
is subject to ECDC 16.20.030 and 16.20.050, respectively.
2. Maximum number of stories for buildings in a center or hub, excluding detached
single-family houses and their accessory or secondary uses, shall be consistent
with Figure 2.5 of the Comprehensive Plan. Maximum standard height is identifled
in this subsection, provided that exceptions may apply, pursuant to ECDC
16.120.050.A.3 and ECDC 16.120.060.
a. For Mixed-Use 3 subdistricts, buildings may be three stories tall and the
standard maximum building height is 30 feet, provided that it may be 33 feet
when the flrst-fioor height is 12 feet. However, for any lot abutting or
immediately across the street from a single-family zone, the height of any
portion of a building that is within 20 feet of the property line shall be no
greater than 30 feet under any circumstances, even where criteria for height
exceptions, incentives or bonuses in this chapter are otherwise met.
b. For Mixed-Use 4 subdistricts, buildings may be either three stories tall,
with a standard maximum building height of 30 feet (or 33 feet when the flrst-
fioor height is 12 feet) and not including an incentive fioor, or four stories tall,
with a maximum height of 40 feet (or 42 feet if the flrst-fioor height is 12 feet)
that includes one incentive fioor. However, for any lot abutting or
immediately across the street from a single-family zone, the height of any
portion of a building that is within 20 feet of the property line shall be no
greater than 30 feet under any circumstances, even where criteria for height
exceptions, incentives or bonuses in this chapter are otherwise met.
c. For Mixed-Use 5 subdistricts, buildings may be four stories tall, with a
standard maximum building height of 40 feet (or 42 feet if the flrst-fioor
height is 12 feet) and not including an incentive fioor, or flve stories tall, with
7.B.b
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a maximum height of 50 feet (or 52 feet if the flrst-fioor height is 12 feet) that
includes one incentive fioor. However, for any lot abutting or immediately
across the street from a single-family zone, the height of any portion of a
building that is within 20 feet of the property line shall be no greater than 30
feet under any circumstances, even where criteria for height exceptions,
incentives or bonuses in this chapter are otherwise met.
3. Exceptions for additional building height may apply only to the extent that one of
the conditions in this subsection is met. Exceptions are not additive; no more than
one of the exceptions shall apply to any building.
a. For buildings achieving green building certiflcation pursuant to ECDC
16.45.040 or ECDC 16.45.045 and that have commercial uses (excluding for
vehicle parking) comprising at least 50% of the ground fioor area, up to flve feet
higher than the standard maximum height in that location;
b. For areas of centers and hubs that are eligible for an incentive or bonus fioor,
as identifled in Figure 2.5 of the Comprehensive Plan, and that meet the criteria
for community beneflt, pursuant to ECDC 16.120.060, an additional fioor up to
10 feet in height is allowed.
B. Setbacks. For single-family houses and their accessory or secondary uses, the minimum
setbacks are as stated in Chapter 16.20 ECDC. For other buildings: Minimum street
setback is15 ft, except that the minimum street setback for a retail facility on a corner lot is
a minimum of 10 ft; Minimum side setback is 10 ft; Minimum rear setback is15 ft.
C. Lot coverage. Maximum coverage of a lot is 45%, provided that maximum lot coverage
for a single-family house is 35%.
D. Building location. At least one building on a site containing a primary use must have a
street-facing façade, of which two-thirds or more of the ground fioor is located no further
than twenty feet from the primary street, provided that for a detached single-family and its
accessory or secondary uses, the setback requirements of Chapter 16.20 ECDC prevail.
E. Landscaping and lighting.
1. Any site not covered by an allowed use, such as a building or paved area, must be
landscaped. Up to 10% of the landscaping may be comprised of hardscape
materials, such as boulders and rockeries. Small wooded areas and areas planned
for environmental conservation may remain in a more natural state, as approved in
the site plan.
7.B.b
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2. Outdoor lighting must be provided at all external building entries and stairways
and to illuminate the site’s address.
16.120.060 Community beneflt for an incentive fioor. An incentive or bonus fioor at a
height up to 10 feet above the standard maximum height for its location will be permitted
when a development provides an approved plaza, pocket park, accessible open space, or
outdoor recreational site of at least 800 square feet for public use. The space must include
seating, landscaping, pedestrian access, and other amenities as part of a master plan that
has considered neighborhood input and been approved by the director or director’s
designee. The space must be maintained consistent with the approved master plan or a
revised master plan that has had public input and approval by the director or director’s
designee.
16.20.070 Multifamily building types. Multifamily building types may include apartments,
condominiums, townhomes, and mixed-use buildings that have at least four housing units.
16.120.080 Design Standards. Design standards are intended to encourage a pedestrian-
friendly appearance and avoid blank or unarticulated walls facing the street. The design
standards of this section do not apply to detached single-family houses and their
accessory or secondary uses. Design review will be conducted under ECDC 20.12.030.
A. The street-facing façade of a building must have one or more windows on the ground
fioor with transparent glazing totaling at least flfty square feet for each thirty linear feet of
wall. Each fioor above the ground fioor must have one or more windows with transparent
glazing totaling at least twenty-flve square feet for every thirty linear feet of wall.
B. At the ground fioor, a garage shall not comprise more than 50% of the façade of a
building, including any townhome, that faces a primary street.
C. The street-facing façade of a building shall have at least two of the following:
1. Articulated walls that have 18 or more inches of plane change every 30 feet
2. Covered pedestrian entry, provided that the cover is: (a) at least one foot above
the pedestrian entry door: (b) a minimum of seven feet in width and two feet in
depth; and (c) attached to the building.
3. Masonry base that extends at least three feet high from ground level
4. Windows that result in 50% more transparent glazing area than the minimum
required in 16.120.080.A.
5. Landscaped courtyard that is at least one/third of the building width and at least
ten feet deep.
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6. One balcony per unit above the ground fioor that shares a common wall with the
street-facing facade. Such balconies must be a minimum of two feet in depth and
four feet in width and accessible from an interior room.
D. Buildings shall have either a pitched roof of at least 3:12 pitch visible to the primary
street or a roofiine visible to the primary street that has a parapet or fascia to deflne its
edge.
E. Any off-street parking must be provided at the side or rear of a building that fronts and is
within twenty feet of a primary street.
F. The pedestrian zone shall include pedestrian and ADA access to the building entry. The
remaining area must be fllled by any combination of landscaping, planting containers,
seating, dining tables, receptacles for trash or recycling, artwork, bicycle or scooter
parking, rain gardens, paved pedestrian space (which may include pervious paving), other
approved pedestrian amenities, a maximum of one portable sign per twenty linear feet,
signage attached to the building, and as required, utility equipment and flre apparatus,
16.120.090 Signage. Only signage attached to a building and not supported from the
ground is permitted pursuant to requirements of Chapter 20.60 ECDC, provided that
portable signs are allowed within the pedestrian zone, up to one portable sign per twenty
linear feet. Wall signs, window signs, and projecting signs are subject respectively to ECDC
20.60.030, 20.60.035, and 20.60.040.
16.120.100 Motor vehicle parking. Motor vehicle parking, other than for electric bicycles
or electric scooters, is not allowed within the pedestrian zone.
A. For single-family houses, two off-street parking spaces are required. For accessory
dwellings, the parking requirements of ECDC 16.20.050 apply.
B. For a multiple dwelling, off-street parking is required at a ratio of:
1. At least 1.0 parking space per unit with less than 800 square feet living space;
2. At least 1.25 parking spaces per unit with 800-1200 square feet of living space;
3. At least 1.75 parking spaces per unit with more than 1200 square feet of living
space.
C. For commercial uses in a building, off-street parking is required at a ratio of:
1. One space for 800 square feet of commercial use when street parking is available
in front of the building (measured from the nearest property line or within 60 feet of
it.
7.B.b
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2. One space per 400 square feet if street parking is not available in front of the
building (measured from the nearest property line) or within 60 feet of it.
3. Bed and breakfasts must have one off-street parking space per guest unit.
4. A commercial or mixed-use building that has less than 400 square feet of
commercial space is not required to have off-street parking if street parking is
available in front of the building (measured from the nearest property line) or within
60 feet of it.
D. For community facilities, off-street parking spaces are required pursuant to ECDC
17.50.020.C.
16.120.110 Bicycle parking facilities. Short-term and long-term bicycle parking is required
with development, pursuant to Chapter 17.20 ECDC.
16.120.120. Electric vehicle charging. Electric vehicle charging infrastructure is required
per ECDC 17.115.040.
7.B.b
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Planning Board Agenda Item
Meeting Date: 03/12/2025
Design Review Code Update: Key Issues Discussion
Staff Lead: Brad Shipley
Department: Planning Division
Prepared By: Brad Shipley
Background/History
In 2023, the State Legislature passed HB 1293 to streamline local project design review, accelerating
housing development and reducing costs.
· HB 1293 amends Chapter 36.70A RCW to define “design review” and establishes the following
requirements:
· Design review can only use clear and objective regulations governing a project’s exterior design.
· Standards must include at least one measurable guideline, criterion, or standard that allows
applicants to determine whether their design is permissible.
· Design guidelines cannot reduce a project’s density, height, bulk, or scale beyond what the
underlying zoning allows.
· Design review must occur alongside the consolidated project review and cannot require more
than one public meeting.
Further, cities are encouraged--but not required--to adopt expedited review processes for projects that
comply with development regulations or provide affordable housing for low- and moderate-income
households.
Counties and cities must comply with these requirements starting six months after their next periodic
GMA update, which for Edmonds is June 30, 2025.
Staff Recommendation
Staff is requesting Planning Board to identify which design standards are critical for immediate
implementation for middle housing, neighborhood centers and hubs, and to replace any non-compliant
general or district-based design review standards.
Attachment 2 is a summary of existing design review processes, standards, and guidance along with
preliminary findings. This summary can be used by Planning Board to help understand the scope of
changes and what topics need to be addressed. The summary does not include new design standards for
neighborhood centers and hubs or middle housing. Design standards for those topics will be developed
and discussed with the respective zoning code updates.
Narrative
The City of Edmonds is undertaking an update to its design review processes to align with recent
7.C
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changes in state law, streamline project approvals, and improve clarity for applicants and decision-
makers. This effort is driven by HB 1293, which mandates that local design review processes and
standards be "clear and objective" and integrated into the broader project review process. The bill aims
to reduce delays, lower development costs, and ensure that design reviews do not restrict housing
capacity beyond existing zoning regulations.
The city’s design review processes and types are complex. Under HB 1293, two-phased reviews will no
longer be allowed, and all design review must be conducted concurrently with consolidated project
reviews, with a maximum of one public meeting. Additionally, some of the city's existing design
standards may be too subjective or do not comply with recent middle housing laws, necessitating
revisions. Finally, some design standards, not just goals and objectives, are embedded in the Urban
Design Element of the Comprehensive Plan (attached), leading to confusion for applicants.
This update is also an opportunity to reorganize design standards within the Edmonds Community
Development Code, ensuring they are more accessible and aligned with zoning regulations. With this
revision, the city aims to improve predictability, reduce unnecessary steps, and better implement
community design goals.
The Planning Board's role in this code update will be to review key issues, provide feedback on proposed
code changes, and help refine standards to support the city’s vision while ensuring compliance with
state requirements.
The timeline for this update spans two phases. Updates that are required to be adopted by June 30,
2025 will be prioritized. Other updates will extend into later 2025, with incremental refinements to
various zoning districts and development standards.
This discussion will focus on:
· The importance of design standards;
· Examples of existing design standards used by the City for Administrative Design Review;
· Prioritization of design standards for Phase II;
· The direction Planning Board would like to take for updating our design review processes.
Attachments:
ATT. 1: DesignReview_Discussion_PB_25.03.12
ATT. 2: DesignReview_ChangesFindings_Summary
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2025
Development
Code Update
Design Review
Key Issues Discussion
City Council Meeting
February 25, 2025
Brad Shipley, Senior Planner
7.C.a
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AGENDA
•Meeting Goals
•Review of state requirements
•Design Review Objectives
•Existing Administrative
Design Review Examples
•Scope
•Discussion
•Design Review Process
•Next Steps
2CITY OF EDMONDS Development Code Update
7.C.a
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Purpose
3CITY OF EDMONDS Development Code Update
of Today’s Meeting
Determine which design
standards to prioritize for
Phase II development code
updates.
7.C.a
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Recap
4CITY OF EDMONDS Development Code Update
of Previous Meeting
Planning Board emphasized
their preference to establish
design standards before
finalizing the review process.
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HB 1293
Design standards must:
5CITY OF EDMONDS Development Code Update
Streamline Local Review
Requires cities to streamline local design review
processes, requiring “clear and objective” standards
that don’t reduce development capacity by more than
what is otherwise allowed.
RCW 36.70A.030(3)
•Be “clear and objective”.
•Must include at least one
ascertainable guideline, standard, or
criterion.
•Be conducted concurrently with
consolidated project review.
•Not include more than one public
meeting.
•Not reduce density, height, bulk, or
scale beyond the underlying zone.
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HB 1293
Why is this important?
6CITY OF EDMONDS Development Code Update
Streamline Local Review
Requires cities to streamline local design review
processes, requiring “clear and objective” standards
that don’t reduce development capacity by more than
what is otherwise allowed.
RCW 36.70A.030(3)
•WA legislators’ response to developer
complaints about long and costly
design review processes.
•Seeks to address one aspect of the
cost to develop new housing and to
deliver it quicker.
•Reduces biases, intended or not,
towards certain development types by
requiring fair treatment.
•Encourages cities adopt an expedited
review process for housing projects.
7.C.a
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7CITY OF EDMONDS Development Code Update
Importance of
design
standards
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8CITY OF EDMONDS Development Code Update
Key Objectives:
•Walkability
•Open space
•Human-scale design
•“Eyes on the Street”
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9CITY OF EDMONDS Development Code Update
Walkability:
Means designing streets and neighborhoods
that prioritize pedestrians by making walking
safe, convenient, and enjoyable.
Includes features like:
•continuous sidewalks,
•active frontages,
•short block lengths,
•human-scale buildings,
•and minimal street setbacks.
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10CITY OF EDMONDS Development Code Update
Walkability:
WHY?
•Increases accessibility by making it easier for
people to reach destinations without a car.
•Enhances public health by encouraging
physical activity.
•Strengthens local economies by supporting
foot traffic to businesses.
•Reduces traffic congestion and emissions by
making walking a viable transportation
mode.
KE
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11CITY OF EDMONDS Development Code Update
Walkability:
How?
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Marin County, CA
Requires buildings to face the street with
active facades and pedestrian-oriented
entrances (no blank walls or large
setbacks).
Frontage Types,
Objective Design and Development Standards,
Marin County, CA
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12CITY OF EDMONDS Development Code Update
Walkability:
How?
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Marin County, CA
Hide parking lots behind buildings ,
ensuring uninterrupted sidewalks and
pedestrian pathways.
Parking Courts,
Objective Design and Development Standards,
Marin County, CA
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13CITY OF EDMONDS Development Code Update
Walkability:
How?
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Cincinnati, OH
Mandates storefront transparency and
minimal setbacks in walkable zones to
maintain pedestrian engagement.
Frontage Types,
City of Cincinnati Form-Based Code,
Cincinnati, OH
7.C.a
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14CITY OF EDMONDS Development Code Update
Walkability:
How?
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Mountlake Terrace, WA
The Town Center Subarea Plan includes mid-
block access corridors to improve pedestrian
circulation, allow vehicle access, serve as a
design amenity, and break up building mass on
long blocks.
Town Center Subarea Plan,
Mountlake Terrace, WA
7.C.a
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15CITY OF EDMONDS Development Code Update
Walkability:
How?
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Mountlake Terrace, WA
The Town Center Subarea Plan includes mid-
block access corridors to improve pedestrian
circulation, allow vehicle access, serve as a
design amenity, and break up building mass
on long blocks.
Chapter 19.50,
City of Mountlake Terrace Development Code,
Mountlake Terrace, WA
7.C.a
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16CITY OF EDMONDS Development Code Update
Open Space:
Open space refers to public and semi-public
spaces that provide places for recreation,
gathering, and ecological benefits.
Includes features like:
•parks,
•plazas,
•courtyards,
•landscaped buffers.
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17CITY OF EDMONDS Development Code Update
Open Space:
WHY?
•Supports mental and physical well-being by
providing areas far relaxing and activity.
•Encourages social interaction and fosters a
sense of community.
•Helps mitigate urban heat and manage
stormwater through permeable surfaces.
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18CITY OF EDMONDS Development Code Update
Human-scale Design:
Means designing streets and neighborhoods
that prioritize pedestrians by making walking
safe, convenient, and enjoyable.
Includes features like:
•continuous sidewalks,
•active frontages,
•short block lengths,
•human-scale buildings and lighting,
•and minimal street setbacks.
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19CITY OF EDMONDS Development Code Update
Human-scale Design:
WHY?
•Prevents an overwhelming or impersonal
“canyon effect” from large, monolithic
buildings
•Improves wayfinding by creating visually
engaging streets.
•Encourages interaction between buildings
and people by making spaces feel
welcoming.
•Supports economic vitality by fostering an
inviting shopping and dining environment.
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20CITY OF EDMONDS Development Code Update
Human-scale Design:
How?
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Miami, FL
Mandates pedestrian-scale details
like awnings, lighting, and balconies
in urban areas.
Cincinnati, OH
Specifies setback limits and building
heights relative to street width to
prevent oversized structures.
Seattle, WA
Recommends using small-scale facade
elements (windows, doors, signage,
seating) to create a visually rich
experience at the pedestrian level.
7.C.a
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21CITY OF EDMONDS Development Code Update
Human-scale Design:
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Shoreline, WA
No transition between house-scale
and midrise apartments. Feels
imposing and out-of-place.
7.C.a
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22CITY OF EDMONDS Development Code Update
Human-scale Design:
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Mountlake Terrace, WA
Three-story townhouse development does
a good job using articulation and varied
forms. Building is about 35 ft. tall but feels
human-scale.
7.C.a
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23CITY OF EDMONDS Development Code Update
Typical features include:
•mixed uses that are active throughout the
day,
•active frontages,
•transparency between activity in the street
and people in buildings,
•places to sit and observe.
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“Eyes on the Street”
7.C.a
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24CITY OF EDMONDS Development Code Update
“Eyes on the Street”
WHY?
•Enhances public safety by increasing the
number of people observing public spaces.
•Creates a sense of community stewardship
as people feel a stronger connection to their
surroundings.
•Increases street activity making
neighborhoods feel more lively and inviting.
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25CITY OF EDMONDS Development Code Update
Examples of
Existing
Administrative
Design Review
Standards
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26CITY OF EDMONDS Development Code Update
CG Zone
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16.60.020 ECDC
Site development standards – General
Pedestrian scaled lighting
Landscaped buffers
Adequate sidewalks
Seating or space for other
activities
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27CITY OF EDMONDS Development Code Update
CG Zone
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16.60.030 ECDC
Site development standards – Design
Prominent
pedestrian entry
Parking may not be
located within 20
feet of the primary
street front
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CG Zone
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16.60.030 ECDC
Site development standards – Design
Reinforcing
building/street
relationship
Pedestrian
connections to
building entries
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CG Zone
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16.60.030 ECDC
Site development standards – Design
Parking
located to
side or rear of
building
Parking cannot
comprise of more
than 40% of street
frontage
7.C.a
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CG Zone
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16.60.030 ECDC
Site development standards – Design
Using varied forms to
break up building
massing and scale
“Eyes on the street”
transparency
requirement
7.C.a
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EX
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Requirements for
amenity space,
such as recreation
areas, plazas,
squares, and
courtyards.
7.C.a
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32CITY OF EDMONDS Development Code Update
EX
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Lighting directed
away from
adjacent parcels.
Lit pedestrian
paths
Lit building
entries
7.C.a
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33CITY OF EDMONDS Development Code Update
CG Zone
EX
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A
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16.60.030 ECDC
Site development standards – Design
Parking located
to side or rear of
building
Parking cannot
comprise of more than
40% of street frontage
7.C.a
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Site Development Standards for:
16.20 Middle Housing (NEW)
16.30 RM Zone (Phase III)
16.43 BD Zone (Phase III)
16.50 BC Zone (Phase III)
16.60 CG Zone (Phase III)
16.XX NCH Zone (update Interim ordinance)
16.100 FVMU Zone (REPLACED W/ NCH ZONE)
16.110 WMU Zone (REPLACED W/ NCH ZONE)
SCOPE: CODE
SECTIONS
UNDER
REVIEW
34
7.C.a
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2020 Comp Plan Design Standards
Pull into appropriate Development Code sections
Review Processes:
20.01 Types of Development Project Permits (UPDATE TABLES)
20.10 Design Review (UPDATE TABLES)
20.11 General Design Review (UPDATE TABLES)
20.12 District-based Design Standards
SCOPE: CODE
SECTIONS
UNDER
REVIEW
35
7.C.a
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Approach
Some design standards will be integrated
into the appropriate zoning district
Refine
Refine
Design Review Processes AMENDMENTS REQUIRED
General
Commercial
Multi-Family
Middle Housing
De
s
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S
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Centers + Hubs
AMENDMENTS REQUIRED
REVIEW FOR COMPLIANCE
REVIEW FOR COMPLIANCE
CONSIDERED WITH MIDDLE HOUSING ZONING CODE
CONSIDERED WITH CENTERS + HUBS ZONING CODE
Ju
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2
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2
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De
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Required
Prioritize Compliance
Prioritize Compliance
7.C.a
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37CITY OF EDMONDS Development Code Update
Discussion:
Prioritizing Design
Standards for Phase II
•Identify which design
standards are critical for
immediate
implementation.
•Determine standards that
can be deferred to Phase
III.
7.C.a
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38CITY OF EDMONDS Development Code Update
Streamlining
Design Review
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Administrative General District-based
CURRENT
DESIGN
REVIEW
PROCESSES
STAFF REVIEW
STAFF
REVIEW
&
RECOMMENDATION
ADB PUBLIC
HEARING
Staff Decision
Issued
ADB Decision
Issued
ADB Decision
Issued
ADB PUBLIC
HEARING
Phase 1
CONTINUED
PUBLIC HEARING
Phase 2
TWO- PHASED
PROCESS IS NO
LONGER
ALLOWED
STAFF
REVIEW
&
RECOMMENDATION
RECONSIDER PROCESSES SO
THEY ARE MORE
STREAMLINED AND EFFICIENT
39
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Administrative
Architectural
Design Board
POSSIBLE WAYS
TO STREAMLINE
DESIGN REVIEW
PROCESSES
STAFF REVIEW
STAFF
REVIEW
&
RECOMMENDATION
ADB PUBLIC
HEARINGStaff Decision
Issued
ADB Decision
Issued
Adopt clear standards that are
found within each zoning district.
40CITY OF EDMONDS Development Code Update
Used when an applicant
requests an exception from the
design standards.
WHY?
Council wants to get out of
ADB making quasi-judicial
decisions
PROS of ADB
•Involves local residents
CONS
•More time and cost
•ADB members don’t all
have design/code
experience
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NEXT STEPS
41CITY OF EDMONDS Development Code Update
April 23rd Meeting
•Prepare to provide a
recommendation to City Council.
•Draft code changes can be
provided at least two weeks in
advance.
•April 9th meeting may be a good
opportunity to have one more
discussion before making a
recommendation.
•Is there additional data or
examples needed to support the
Planning Board’s decision?
7.C.a
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Existing Criteria Preliminary Finding
Design Objectives for Site Design, General Design Objectives, 2020 Comp Plan
A.1. Vehicular Access. Reduce the numbers
and width of driveways (curb cuts) in order
to improve pedestrian, bicycle and auto safety.
This is a goal. Consider requirements for access
from alleys, where they exist, and more clear
language regarding access in Title 19
(generally) and specific to building types.
A.2. Layout of Parking. Locating buildings in
proximity to the street to facilitate direct
pedestrian access and help define the street
edge. Parking should be placed to the
side and rear.
Goal. Can be accomplished with site
development standards.
A.3. Connections On- and Offsite. Design site
access and circulation within and
between sites to encourage linkages for
pedestrians, vehicles, and bicycles. Special
attention should be paid to providing and
improving connections to transit.
Goal. Can be accomplished with site
development standards.
A.4. Building Entry Location. Building entries
should be configured to provide clear
entry points to buildings, be oriented to
pedestrian walkways/pathways, and
support the overall intent of the streetscape
environment. Space at the entry for
gathering or seating is desirable for residential
or mixed use buildings.
Goal. Can be accomplished with building
frontage requirements and site development
standards.
A.5. Setbacks. Create and maintain the
landscape and site characteristics of each
neighborhood area and provide a common
street frontage tying each site to its
neighbor. Setbacks should be appropriate to
the desired streetscape, providing for
transition areas between public streets and
private building entries where a variety
of activities and amenities can occur.
Goal. Can be accomplished with building
frontage requirements and site development
standards.
A.6. Open Space. For residential settings,
create green spaces to enhance the visual
attributes of the development and provide
places for interaction, play, seating, and
other activities.
Goal. Can be accomplished with open space
requirements and site development standards.
A.7. Building/Site Identity. Improve pedestrian
access and way-finding by providing
variety in building forms, colors, materials and
individuality of buildings.
Goal. Vague as written. Develop design criteria
as appropriate.
A.8. Weather Protection. Provide covered
walkways and entries for pedestrian weather
protection.
Not clear how much is required to meet the
criteria. What percentage of the linear length of
a building that fronts a walkway should provide
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weather protection? How far should the
protection extend?
A.9. Lighting. Provide adequate and
appropriate illumination in all areas used by
automobiles, bicycles and pedestrians –
including building entries, walkways,
parking areas, circulation areas and other open
spaces – to support activity and
security.
Vague. Require pedestrian scale lighting on
multi-family, commercial, and mixed use
buildings. Lighting for parking areas required.
See what can be integrated from a dark skies
perspective to limit light pollution.
A.10. Signage. Encourage signage that
provides clear information and direction for
properties and businesses while preventing the
streetscape from becoming cluttered.
Encourage the use of graphics and symbols in
signage to support the city’s emphasis on
uniqueness and the arts.
Goal. Not enforceable as written.
A.11. Site Utilities, Storage, Trash and
Mechanical Systems. Minimize the noise, odor
and visual impacts of utility systems using such
features as landscaping, building forms, or
integrated design.
Goal. Verify existing requirements are
accomplishing the goal.
A.12. Integrating Site Features. Integrate
natural landscape features and unique
landforms – such as rocky outcroppings or
significant trees – into site design whenever
possible.
Goal. Partially accomplished through tree
retention requirements.
A.13. Landscape Buffers. Use landscaping
and/or other features such as fences to
maintain privacy and create a visual barrier
between incompatible uses. These buffering
techniques should also be used to soften hard
edges (such as the perimeters of parking lots)
and reinforce pedestrian ways and circulation
routes. Native plants and rain gardens should
be promoted as alternatives to lawns and runoff
retention areas.
Goal. Accomplished through landscaping
requirements and stormwater code.
Design Objectives for Building Form, General Design Objectives, 2020 Comp Plan
A.14. Building Form. Encourage new
construction to avoid repetitive, monotonous
building forms.
Unenforceable as written. Can be accomplished
with design standards.
A.15. Massing. Reduce the apparent bulk and
mass of buildings by encouraging human
scale elements in building design and/or by
subdividing building masses vertically
or horizontally.
Goal. Incorporate into design standards.
A.16. Roof Modulation. Use roof forms to help
identify different programs or functional areas
within the building and support differentiation
of building form and massing. Roof design, in
Goal. Incorporate into design standards.
7.C.b
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combination with wall modulation, can allow for
additional light to enter buildings or pedestrian
spaces.
A.17. Wall Modulation. Variation in materials,
decorative elements, or other features should
be employed to support pedestrian scale
environments and streetscapes, or to help
break up large building masses to keep in scale
with the surrounding environment.
Goal. Incorporate into design standards
Design Objectives for Building Façade, General Design Objectives, 2020 Comp Plan
A.18. Building Façade Design. Encourage
building façades that reinforce the appearance
and consistency of streetscape patterns while
supporting diversity and identity in building
design.
Goal. Incorporate into design standards and
frontage typologies.
A.19. Window Variety and Articulation. Use
window size and placement to help define the
scale and character of the building. Use the
organization and combinations of window types
to reinforce the streetscape character or to
provide variation in a façade, as well as provide
light and air to the building interior.
Goal. Incorporate into design standards.
A.20. Variation in Facade Materials. Employ
variation in materials, colors or design elements
on building façades to help define the scale and
style of the structure. Variation in façade
materials can help reduce the apparent bulk of
larger buildings while allowing variety and
individuality of building design.
Goal. Incorporate into design standards.
Downtown/Waterfront Activity Center., Urban Design Goals & Policies for Specific Areas, 2020
Comp Plan
B.1. Vehicular Access and Parking. Driveways
and curb cuts should be minimized to assure a
consistent and safe streetscape for
pedestrians. When alleys are present, these
should be the preferred method of providing
vehicular access to a property and should be
used unless there is no reasonable alternative
available. Configuration of parking should
support a “park and walk” policy that provides
adequate parking while minimizing impacts on
the pedestrian streetscape.
Goal. Consider requirements for access from
alleys, where they exist, and more clear
language regarding access in Title 19
(generally) and specific to building types.
B.2. Pedestrian Access and Connections.
Improve pedestrian access from the street by
locating buildings close to the street and
sidewalks, and defining the street edge.
Crosswalks at key intersections should be
accentuated by the use of special materials,
Goal. Can be accomplished with building
frontage requirements and site development
standards.
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signage or paving treatments. Transit access
and waiting areas should be provided where
appropriate.
B.3. Building Entry Location. Commercial
building entries should be easily recognizable
and oriented to the pedestrian streetscape by
being located at sidewalk grade.
Goal. Can be accomplished with building
frontage requirements and site development
standards.
B.4. Building Setbacks. Create a common
street frontage view with enough repetition to
tie each site to its neighbor. Encourage the
creation of public spaces to enhance the visual
attributes of the development and encourage
outdoor interaction. In the Waterfront area west
of the railroad, buildings should be set back
from the waterfront to preserve and provide a
buffer from existing beach areas. In the
Waterfront area, site layout should be
coordinated with existing buildings and
proposed improvements to provide views of the
water, open spaces, and easy pedestrian
access to the beach.
Goal. Can be accomplished with building
frontage requirements and site development
standards.
B.5. Building/Site Identity. In the downtown
area, retain a connection with the scale and
character of downtown through the use of
similar materials, proportions, forms, masses or
building elements. Encourage new construction
to use designs that reference, but do not
replicate historic forms or patterns.
Goal. Can be accomplished with design
standards.
B.6. Weather Protection. Provide a covered
walkway for pedestrians traveling along public
sidewalks or walkways.
Not clear how much is required to meet the
criteria. What percentage of the linear length of
a building that fronts a walkway should provide
weather protection? How far should the
protection extend?
B.7. Signage. Lighting of signs should be
indirect or minimally backlit to display lettering
and symbols or graphic design instead of
broadly lighting the face of the sign. Signage
using graphics or symbols or that contributes to
the historic character of a building should be
encouraged.
Goal. Sign code accomplishes this.
B.8. Art and Public Spaces. Public art and
amenities such as mini parks, flower baskets,
street furniture, etc., should be provided as a
normal part of the public streetscape.
Whenever possible, these elements should be
continued in the portion of the private
streetscape that adjoins the public streetscape.
In the 4th Avenue Arts Corridor, art should be a
common element of building design, with
Not enforceable as written. Use incentives or
requirements to accomplish goals in activity
areas between sidewalk and buildings.
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greater design flexibility provided when art is
made a central feature of the design.
B.9. Building Height. Create and preserve a
human scale for downtown buildings.
Building frontages along downtown
streetscapes should be pedestrian in scale.
Goal. This is accomplished through site
development standards and frontage
requirements.
B.10. Massing. Large building masses should
be subdivided or softened using design
elements that emphasize the human scale of
the streetscape. Building façades should
respect and echo historic patterns along
downtown pedestrian streets.
Goal. Incorporate into design standards
B.11. Building Façade. Provide a human scale
streetscape, breaking up long façades into
defined forms that continue a pattern of
individual and distinct tenant spaces in
commercial and mixed use areas. Avoid blank,
monotonous and imposing building facades
using design elements that add detail and
emphasize the different levels of the building
(e.g. the top or cornice vs. the pedestrian level
or building base).
Goal. Incorporate into design standards and
frontage typologies.
B.12. Window Variety and Articulation. In the
downtown retail and mixed commercial
districts, building storefronts should be
dominated by clear, transparent glass windows
that allow and encourage pedestrians to walk
past and look into the commercial space.
Decorative trim and surrounds should be
encouraged to add interest and variety. Upper
floors of buildings should use windows as part
of the overall design to encourage rhythm and
accents in the façade.
Goal. Incorporate into design standards and
frontage typologies.
Highway 99 Corridor, Urban Design Goals & Policies for Specific Areas, 2020 Comp Plan
C.1. General Appearance and Identity. Design
of buildings and spaces along Highway
99 should encourage a feeling of identity
associated with different sections of the
highway.
Unenforceable as written. No specific identity
exists to refer to.
C.2. Site Design. Site design should allow for
vehicular access and parking as well as safe
access and circulation for pedestrians.
Whenever possible, sites should provide
connections between adjacent businesses and
between businesses and nearby residential
neighborhoods.
Goal. Can be accomplished through site
development standards.
C.3. Landscaping and Buffering. Landscaping,
fencing or other appropriate techniques should
be used to soften the street front of sites and
Goal. Landscaping requirements accomplish
this.
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also used to buffer more intensive uses from
adjoining less intensive use areas (e.g. buffer
commercial from residential development).
Neighborhood Commercial Areas, Urban Design Goals & Policies for Specific Areas, 2020 Comp
Plan
C.4. Landscape and Buffering. Special
attention should be paid to transitions from
commercial development to surrounding
residential areas, using landscaping and/or
gradations in building scale to provide
compatible development.
Goal. Landscaping requirements accomplish
this.
Building Design, General Design Review Criteria, Section 20.11.030 ECDC
A.2. Colors, which should avoid excessive
brilliance or brightness except where that would
enhance the character of the area;
What is excessive? Subjective as written. There
are no objective standards or criteria in the
code for color; to establish those would be a
very resource intensive project
A.3. Mechanical equipment or other utility
hardware on the roof, grounds or buildings
should be screened from view from the street
level;
Can be accomplished through design
standards.
A.4. Long, massive, unbroken or monotonous
buildings shall be avoided in order to comply
with the purposes of this chapter and the
design objectives of the comprehensive plan.
This criterion is meant to describe the entire
building. All elements of the design of a building
including the massing, building forms,
architectural details and finish materials
contribute to whether or not a building is found
to be long, massive, unbroken or monotonous.
Incorporate into site development standards
where appropriate.
A.4.a. In multifamily (RM) or commercial zones,
selections from among the following or similar
features are appropriate for dealing with this
criterion:
i. Windows with architectural fenestration;
ii. Multiple rooflines or forms;
iii. Architecturally detailed entries;
iv. Appropriate landscaping;
v. The use of multiple materials;
Move to site development standards under
appropriate zoning district. Clarify that this does
not apply to middle housing.
A.5. All signs should conform to the general
design theme of the development.
Too subjective, eliminate. ADB used to review
all signs. Now, signs meeting the requirements
of ECDC 20.60 are exempt from design review.
Site Treatment, General Design Review Criteria, Section 20.11.030 ECDC
B.1. Grading, vegetation removal and other
changes to the site shall be minimized to
protect natural resources, limit disturbance of
native soils, and encourage low impact
development.
This is a useful requirement. How much is
‘minimized’?
7.C.b
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B.2. Landscape treatment shall be provided to
enhance the building design and other site
improvements.
Eliminate. Techniques exist in ECDC 20.13 –
Landscaping Requirements, which are clear
and objective
B.3. Landscape treatment shall be provided to
buffer the development from surrounding
property where conflict may result, such as
parking facilities near yard spaces, streets or
residential units, and different building heights,
design or color.
Eliminate. Buffer requirements exist in ECDC
20.13 – Landscaping Requirements, which are
clear and objective
B.4. Landscaping that could be damaged by
pedestrians or vehicles should be protected by
curbing or similar devices.
Eliminate. Techniques exist in ECDC 20.13 –
Landscaping Requirements, which are clear
and objective
B.5. Service yards, and other areas where trash
or litter may accumulate, shall be screened with
planting or fences or walls which are
compatible with natural materials.
Move to a Fence or Landscaping requirement.
B.6. All screening should be effective in the
winter as well as the summer.
Move to Landscaping requirements.
B.7. Materials such as wood, brick, stone and
gravel (as opposed to asphalt or concrete) may
be substituted for planting in areas unsuitable
for plant growth.
Eliminate. Techniques exist in ECDC 20.13 –
Landscaping Requirements, which are clear
and objective
B.8. Exterior lighting shall be the minimum
necessary for safety and security. Excessive
brightness shall be avoided. All lighting shall be
low-rise and directed downward onto the site.
Lighting standards and patterns shall be
compatible with the overall design theme.
Subjective as is. Use of cut-off fixtures could be
a requirement. Better to develop dark skies
policy to set measurable limits but that is a very
resource intensive project.
Other Criteria, General Design Review Criteria, Section 20.11.030 ECDC
C.1. Community facilities and public or quasi-
public improvements should not conflict with
the existing and planned character of the
nearby area.
CP guidance. Good concept to go by, the
landscaping chapter and clear and objective
standards would implement
C.2. Street furniture (including but not limited to
benches, light standards, utility poles,
newspaper stands, bus shelters, planters,
traffic signs and signals, guardrails, rockeries,
walls, mailboxes, fire hydrants and garbage
cans) should be compatible with the existing
and planned character of the nearby area.
CP guidance and the CP already has some
language about it. This language could be
added to it
Review Procedure, General Design Review, Section 20.11.010 ECDC
Reference to ADB public hearings. Modify process as needed to accommodate
future ADB role.
Findings, General Design Review, Section 20.11.020 ECDC
Reference to the techniques and objectives
contained in the urban design chapter of the
community culture and urban design element of
the comprehensive plan.
Remove reference.
7.C.b
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Last modified 2/12/25 Design Review Code Update
Design Guidelines, Criteria and Checklist, District-based Design Review, Section 20.12.070 ECDC
Reference to Design Review criteria in
Comprehensive Plan.
Change reference to remove refence to design
review criteria in Comp Plan.
District-based Design Review, Chapter 20.12 ECDC
Language describes a two-phased review
process.
Replace two-phased review process.
Scope, Design Review, Section 20.10.020 ECDC
B. Exempt Development. The following types of
development are exempt from design review:
…
2. Permitted primary and secondary uses in RS
– single-family residential districts.
3. Detached single-family homes or duplexes in
RM – multiple residential districts.
Consider whether middle housing should be
exempted or if single family will be required to
meet the same design criteria as middle
housing.
Replace reference to RS zone with new zone.
Design Review Procedures, Signs, Section 20.60.015 ECDC
Describes ADB role in reviewing sign permit
applications.
Consider whether ADB’s role in the process
should be modified. In this case, they act
as a relief valve from standard sign code
requirements in certain specific situations
Architectural design review – Optional vesting, Building Code, Section 19.00.030 ECDC
Reference to augmented design review. Design review does not vest, only building
permits (and subdivisions) do that. If an
applicant wanted to vest to certain building or
zoning requirements and we still have ADB
review, I think this will be necessary.
If we only have an administrative design review
by staff, that could be done in every case
consolidated with the building permit
application.
Site Development Standards. Zone Districts. Title 16 ECDC.
Many zoning districts reference design review
chapters.
Verify all references are consistent with new
processes.
Urban design chapter adopted. Landscaping Requirements. Section 20.13.050 ECDC
Reference to the adoption of an Urban Design
chapter (Exhibit A, Ord. 3636, adopted 2007)
and codification of the chapter by reference into
Edmonds Community Development Code.
Strike language. Reference may be needed in
the adopting ordinance to Ord. 3636. Eliminate
– this was language from the ‘whereas’
language associated with the adopting
ordinance in 3636, not actual code language
Landscape plan requirements. Landscaping Requirements. Section 20.13.010 ECDC
Reference to “Checklist for Architectural Design
Review”, requirement for three paper copies
Verify all plan and application requirements are
still applicable
7.C.b
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Planning Board Agenda Item
Meeting Date: 03/12/2025
Extended Agenda
Staff Lead: Michael Clugston
Department: Planning Division
Prepared By: Michael Clugston
Background/History
N/A
Staff Recommendation
Review the attached extended agenda.
Narrative
Note the quarterly update to Council on April 1.
Attachments:
March 12 Extended Agenda
9.A
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Comprehensive Plan
Annual Docket
Capital Improvement Program/Capital Facilties Plan I PH
Code Updates
Centers + Hubs (final by mid 2025) I D D PH Rec
STEP Housing (HB 1220 - final by mid 2025) I D D Rec
Middle Housing (HB 1110 - 6/30/25) D D D PH Rec
Design Standards + Processes (HB 1293 - 6/30/25) D D Rec
Other Code Amendments I D PH Rec
CAO Update (RCW 36.70A.130 - 12/31/25) I D D PH Rec
Long Range
Tree Canopy Policy
Parking Code Updates
Amendments to Tree Code to correct legal issue (minor)
Hwy 99 Transitions
Multi-family Density Increase
Code Update regarding Parks (minor)
Climate Legislative Package
Administrative
Private Application for Street Map Amendment (AMD2024-0007) I PH
Election of Officers
Planning & Development Annual Work Plan
Annual Retreat (start at 6)
Planning Board report to City Council B B B
Possible Park Renaming PH
Parks, Recreation & Human Services Report R
KEY
I- Introduction & Discussion Special Meetings/Presentations
PH- Public Hearing Quarterly updates to Council
D- Discussion
Rec - Recommendation April 16 - placeholder for possible special PB meeting
B- Briefing/Q&A
R- Report with no briefing/presentation Meetings in March, April and May will start at 6PM
Regular meeting cancelled
9.A.a
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