(1)(a) A code city must allow:
(i) Transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed; and
(ii) Indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed. Nothing in this subsection allows a county or city to limit indoor emergency shelters and indoor emergency housing in a manner where the capacity of indoor emergency shelters and indoor emergency housing is insufficient to meet the projected needs identified under RCW
36.70A.070(2)(a)(ii). A county or city must allow indoor emergency shelters and indoor emergency housing in additional types of zones when necessary to meet projected needs identified in RCW
36.70A.070(2)(a)(ii).
(b) A code city may not require transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters to be located in a zone within an area zoned for industrial use.
(2) Except as provided in subsections (5) through (7) of this section, a code city may not require through development regulations, ordinances, or legal agreements any development or operating standards, conditions, or requirements for transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters that are more restrictive than those required for other types of lodging or residential development within the same zone, but may apply any objective development regulations, including form-based codes, that are required for lodging or residential development including, but not limited to, density limits, dimensional standards, height restrictions, floor area ratio, setback, lot coverage, stormwater, clearing, and tree canopy and retention requirements.
(3) Except as provided in subsections (5) through (7) of this section, a code city shall only apply the same development permit and environmental review processes to transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing that apply to other types of lodging or residential development within the same zone, unless otherwise required by state law including, but not limited to, shoreline regulations under chapter
90.58 RCW, building codes under chapter
19.27 RCW, energy codes under chapter
19.27A RCW, or electrical codes under chapter
19.28 RCW.
(4) If applying design review for transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing, only administrative design review may be required. For the purposes of this subsection, "administrative design review" means a development permit process whereby an application is reviewed, approved, or denied by the planning director or the planning director's designee based solely on objective design and development standards without a public predecision hearing, unless such 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.
(5)(a) For an indoor emergency shelter or indoor emergency housing, a code city may require the sponsor or managing agency to certify in writing that it has, between the date the permit application was approved and the date the certificate of occupancy was issued:
(i) Provided the name, if any, of the facility and the name and headquarters address of the managing entity;
(ii) Provided a description of any other programs operating in the building and copies of the applicable licenses and certifications held by the program;
(iii) Notified residents within 500 feet of the indoor emergency shelter or indoor emergency housing;
(iv) Conducted more than one community meeting;
(v) Designated at least one point of contact authorized to make decisions and take corrective action in the case of an emergency, and provided at least one telephone number to be used in emergencies; and
(vi) Provided documentation of the sponsor's or managing agency's operational policies or procedures for:
(A) Promoting and addressing health and safety inside the building and in areas immediately adjacent to the building;
(B) Admissions, including a description of the populations the project will serve and potential sources of referral;
(C) Program exit or transfer;
(D) Handling complaints and grievances from occupants;
(E) Health, fire, safety, and occupancy; and
(F) 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 staffing policy or procedure may include, but is not limited to, 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 populations being served.
(b) The written certification by the sponsor or managing entity constitutes full compliance with (a) of this subsection (5). A code city may not require the sponsor or managing agency to provide additional certifications outside of what is allowed under (a) of this subsection (5) or to repeat or revise any of the items in (a)(i) through (vi) of this subsection (5). Nothing in this subsection (b) prohibits the sponsor or managing agency from voluntarily updating any of the information submitted under (a)(i) through (vi) of this subsection (5).
(6) Nothing in this section requires a city to approve a permit application for permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters that are proposed in a critical area in which no lodging or residential development is permitted, an area of natural hazards that generally prohibit lodging or residential development, or on agricultural, forest, or mineral lands of long-term commercial significance.
(7)(a) 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 another indoor emergency shelter or other indoor emergency housing, or within 500 feet of walking distance from the physical grounds of a public school as defined in RCW
28A.150.010 or a private school approved by the board of education under chapter
28A.195 RCW that existed before an indoor emergency shelter or indoor emergency housing is in operation or has submitted a permit application, a code city may enter into good faith negotiations with the sponsor of the indoor emergency shelter or indoor emergency housing to establish additional and reasonable requirements pertaining to health and safety protocols.
(b) If the parties are unable to come to an agreement under (a) of this subsection (7) within 180 days of the permit being submitted, the code city may deny the permit. If a permit is denied under this subsection, the city must assist the sponsor in identifying suitable properties to site the indoor emergency shelter or indoor emergency housing.
(c) This subsection (7) does not apply to an indoor emergency shelter or indoor emergency housing designated for individuals under the age of 18, families, or victims of domestic violence.
(d) Nothing in this subsection (7) allows a code city to limit indoor emergency shelters or indoor emergency housing in a manner where the capacity of indoor emergency shelters and indoor emergency housing is insufficient to meet the projected needs identified under RCW
36.70A.070(2)(a)(ii).
(8) For purposes of this section, "emergency housing," "emergency shelter," "permanent supportive housing," and "transitional housing" have the same meaning as in RCW
36.70A.030.