Transitional Housing, Permanent Supportive Housing, Indoor Emergency Shelters, and Indoor Emergency Housing.

A city may not prohibit transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing (STEP housing) under certain circumstances.  The extent of this prohibition depends on the type of housing involved.  For example, a city may not prohibit transitional housing or permanent supportive housing in any zone where residential dwelling units or hotels are allowed.  Similarly, a city may not prohibit indoor emergency shelters or indoor emergency housing in any zone where hotels are allowed, unless the city has adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a 1-mile proximity to transit.

A city may impose reasonable occupancy, spacing, and intensity use requirements on STEP housing for public health and safety purposes.  These requirements may not prevent the siting of a sufficient amount of STEP housing to accommodate the city's projected need under its comprehensive plan.

Local Requirements on Affordable Housing Developments.

A city, county, or other local governmental entity is authorized to impose and enforce requirements on affordable housing developments as conditions of loans, grants, financial support, tax benefits, subsidy funds, or sale or lease of public property.  The authorization also applies to affordable housing incentive programs or any other program involving bonus density, transfer of development rights, waiver of development regulations or fees, or other development incentives.

Transitional Housing, Permanent Supportive Housing, Indoor Emergency Shelters, and Indoor Emergency Housing.

Cities must allow transitional housing and permanent supportive housing in an zones within an urban growth area in which residential dwelling units or hotels are allowed.  Indoor emergency shelters and indoor emergency housing must be allowed in any area within an urban growth area in which hotels are allowed.  Indoor emergency shelters and indoor emergency housing must be allowed in additional zones if necessary to meet projected needs identified in the comprehensive plan.  Counties planning under the Growth Management Act are subject to the same requirements in urban growth areas.

Transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing (STEP housing) may not be located in an area zoned for industrial use.  A county or city is not required to approve a permit application for STEP housing proposed in a critical area in which no residential development is permitted, an area of natural hazards that generally prohibit residential development, or on agricultural, forest, or mineral lands of long-term commercial significance.

A county or city subject to this requirement may not require any standards, conditions, or requirements for STEP housing that are more restrictive than those required for other types of lodging or residential development in the zone.  However, the city or county may apply any objective development regulations that are not required for lodging or residential development such as form-based codes, density limits, dimensional standards, height restrictions, floor area ratios, setback, lot coverage, stormwater, and tree canopy and retention requirements.  Similarly, the city or county may apply only the same development permit and environmental review processes to STEP housing that apply to lodging or residential development in the same zone, unless otherwise required by state law, such as shoreline regulations and building, energy, and electrical codes.

If applying design review for STEP housing, only administrative design review may be required.  "Administrative design review" for cities is defined as a development permit process in which an application is reviewed, approved, or denied by the planning director (or designee) based solely on objective design and development standards without a public predecision hearing, unless the review is otherwise required by state or federal law or the structure is a designated landmark or within a historic district established under a local preservation ordinance.  A city may approve requests for variances from locally established design review standards.

A county or city may require the sponsor or managing agency of an indoor emergency shelter or indoor emergency housing to certify in writing that it has, between the date the permit application was approved and the date the certificate of occupancy was issued:

• provided the name, if any, of the facility and the headquarters address of the managing entity;
• provided a description of any other programs operating in the building and copies of the applicable licenses and certifications held by the program;
• notified residents within 500 feet of the facility;
• conducted more than one public meeting;
• designated at least one point of contact authorized to make decisions and take corrective action in emergencies;
• provided at least one telephone number to be used in emergencies;
• provided documentation of operational policies or procedures for:  (1) health, fire, safety, and occupancy; (2) admissions, including a description of the populations the project will serve and potential sources of referral; (3) program exit or transfer; and (4) handling complaints and grievances from occupants; and
• staffing to provide services and resources to the population being served comparable to standard or customary practices for the particular type of housing being provided—the staff policy or procedure may include the number of staff or volunteers present during daytime and nighttime operations, staff or volunteer training, and other processes to provide services and resources to the population being served.

The written certification constitutes full compliance with this requirement—the county or city may not require additional certifications or any of the items to be repeated or revised. 

Upon receipt of a permit application for an indoor emergency shelter or indoor emergency housing with a proposed location within 500 feet of walking distance from a public or private school in operation prior to the permit application or from another indoor emergency shelter or other indoor emergency housing, a city (or a county if the proposed location is not in a city) may enter into good-faith negotiations with the sponsor to establish additional and reasonable requirements pertaining to health and safety protocols.  If the parties are unable to come to an agreement within 180 days of the permit being submitted, the permit may be denied.  This does not allow indoor emergency shelters or indoor emergency housing to be limited in a manner where the capacity for such facilities is insufficient to meet the projected needs in the comprehensive plan.  These provisions do not apply to indoor emergency shelters or indoor emergency housing designated for individuals under the age of 18, families, or victims of domestic violence.  A county or city that denies a permit must assist the sponsor to identify other suitable properties.

Local Requirements on Affordable Housing Developments.

The types of requirements a city, county, or local governmental entity may impose and enforce on affordable housing developments are limited to income qualification, coordinated entry, reporting, and monitoring requirements.

A county or city is permitted, but not required, to enter into a contract with a sponsor of STEP housing to establish additional and reasonable operational requirements pertaining to health and safety protocols.  The consideration for the contract on behalf of the county or city must include a donation of real property, a long-term lease of land at least 50 years in length, or a significant general fund contribution for capital or operating expenses to be mutually determined by the parties to the contract.  A county or city that unilaterally withdraws or modifies the consideration is in material breach of the contract and the operational requirements specified in the contract no longer apply to the STEP housing.  A sponsor's refusal to accept contract terms relating to the consideration may not be construed as failing to met the requirements of other fund sources or the provisions of the act relating to the siting of STEP housing. 

Updates to Local Requirements.

Counties and cities must incorporate the requirements of the act into their development regulations, zoning regulations, and other official controls within two years of the effective date of the act or at the next comprehensive plan update, whichever is sooner.  The requirements of the act supersede, preempt, and invalidate any conflicting local requirements regardless of whether a county or city has incorporated the requirements of the act into its development regulations, zoning regulations, and other official controls.

Application.

The requirements of the act do not apply to STEP housing in operation on the effective date of the act.  A county or city may not deem STEP housing in operation on the effective date of the act as unlawful or noncompliant due to ordinances, regulations, or controls adopted or amended pursuant to the act.