HomeMy WebLinkAbout4410ORDINANCE NO. 44LO
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Title 15 of the
Kent City Code entitled, "Zoning" consistent with the
requirements of House Bill L22O to support
emergency shelters and housing through local
planning and development regulations.
' RECITALS
A. During the regular legislative session of 202I, the state
legislature passed House Bill 1220, supporting emergency shelters and
housing through local planning and development regulations. The bill defines
new parameters for the zoning of indoor emergency shelters, permanent
supportive housing, and transitional housing'
B. There are many types and models of housing and facilities that
serve otherwise homeless persons; funding and operating trends change
over time and statutes/zoning codes may or may not keep pace with these
changes. Kent City Code specifically incorporates some, but not all, of these
types of facilities.
c. The city of Kent previously passed ordinance 4358 on
May 5, 2020, which expanded the zones in which indoor emergency
shelters, known in Kent City Code aS "emergency housing" was allowed, to
comply with HB 1754 from the 2020 legislative session. This ordinance
t Amend Title 75 KCC -
Re: Emergency Shelters and Housing
established reasonable requirements on indoor emergency shelters to
ensure the safe development and operation of these facilities, and ensured
existing emergency housing facilities in Kent (which operate on a ninety days
on/ninety days off model) can continue serving Kent's homeless population.
D, The City of Kent has one permanent supportive housing project
fully constructed within the city already; the project was permitted as
multifamily due to its similarity in built form. No specific zoning parameters
are codified in Kent City Code related to permanent supportive housing; it
is a relatively new model of housing for the homeless'
E. Transitional housing, a somewhat outdated model of supportive
housing facility, is already defined and allowed in Kent City Code in several
multifamily, mixed use and commercial zones.
F. This ordinance amends the zoning code to allow indoor
emergency shelters, permanent supportive housing, and transitional
housing in a greater range of zoning districts with restrictions related to
intensity of use, consistent with the requirements imposed by House Bill
L220. Permanent supportive housing will be permitted as Class I Group
Homes in single-family residential zones, but not within 1,000 feet of a public
school, and it will otherwise be permitted as multifamily where allowed.
Transitional housing will be permitted in certain single-family and
multifamily residential zones at the density of the particular zone. Indoor
Emergency shelters will be additionally permitted in the CM, GC, and 11
zones, subject to current restrictions.
G. The City's SEPA responsible official issued a Determination of
Nonsignificance for the proposed amendments on July 30, 2O2t'
Amend Title 75 KCC -
Re: Emergency Shelters and Housing
2
H. Pursuant to RCW 36.70A.106, a request for expedited review
was sent to the Washington State Department of Commerce on August 12,
2021. No comments were received.
L After appropriate public notice, on July 26, 202t, a public
hearing was held before the Land Use and Planning Board'
J. On August !0,202L, the City Council's committee of the whole
considered the recommendation of the Board'
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
E9TION 7. - Amendment KCC 15.02.773, Section 15.02.173 0f the
Kent City Code, entitled "Group Home" is hereby amended as follows:
Section 15.02.173. GrouP Home.
A. Class I group home. Class I group home means publicly or privately
operated residential facilities including state-licensed adult family homes as
defined by RCW 70.t28.0I0, state-licensed foster-family homes as defined
by Rcw 74.L5.O2O(e); group homes for individuals who are
developmentally, physically, or mentally disabled; and-group homes or
halfway houses for recovering alcoholics and former drug addicts; and
sinole-familv dwelling. A class I group home shall have a maximum of six
residents not including providers.
Amend Title 75 KCC'
Re: Emergency Shelters and Housing
3
B. Class II group home. Class II group home means publicly or privately
operated residential facilities for juveniles under the jurisdiction of the
criminal justice system. These homes include state-licensed group care
homes or halfway homes for juveniles which provide residence in lieu of
sentencing or incarceration, and halfway houses providing residence to
juveniles needing correction or for juveniles selected to participate in state-
operated work release and pre-release programs. The planning director shall
have the discretion to classify a group home proposing to serve juveniles
convicted of the offenses listed under class III group home in this section as
a group home class III, and any such home shall be sited according to the
regulations contained within the group III classification'
1. Group home, class II-A. A class II-A group home shall have a
maximum of eight residents including resident staff'
2. Group home, class II-8. A class II-B group home shall have a
maximum of L2 residents including resident staff'
3. Group home, class II-c. A class II-C group home shall have a
maximum of 18 residents including resident staff.
C. Class III group home. Class III group home means privately or
publicly operated residential facilities for adults under the jurisdiction of the
criminal justice system who have entered a pre- or post-charging diversion
program, or been selected to participate in state-operated work/training
release or other similar programs as provided in Chapters 137-56 and 137-
57 WAC, Such groups also involve individuals who have been convicted of a
violent crime against a person, or a crime against property with a sexual
motivation and convicted or charged as a sexual or. assaultive violent
predator. Secure community transition facilities are considered class III
4
Re: Emersency!ffii:,::':tii"fff,;
group homes. Secure community transition facilities shall have a maximum
of three residents, excluding resident staff, unless the state agency
proposing to establish and operate the facility can demonstrate that it has
equitably distributed other secure community transition facilities with the
same or a greater number of residents in other jurisdictions or communities
throughout the entire geographic limits of King County'
ECTION 2. - Amendment KCC 15.02.125. Section 15.02.125 0f the
Kent City Code, entitled "Dwelling, multifamily" iS hereby amended as
follows:
Section L5.O2.L25. Dwelling, multifamily. Multifamily dwelling
means a residential building designed for or occupied by three or more
families, with the number of families,in residence not exceeding the number
of dwelling units provided. This definition does not include independent
senior living facilities, assisted living facilities, detached single-family
structures designed as part of a multiple-structure development such as a
planned unit development, residential facilities with health care, transitional
housing, or group homes. This definition does include senior housing that
does not provide meals, as well as permanent supportive housing as defined
in RCW 36.704.030.
ECTION g, - Amendment KCC 15.04.020. section 15.04.020 0f the
Kent City Code, entitled "Residential land uses" is hereby amended as
follows:
Amend Title 75 KCC -
Re: Emergency Shelters and Housing
5
No=='(oqC"oac<>c)(/)!Tx$ l rr rr l 9 rr.Q'=3Pg1fd fi aS gdpe E lrE5< d;.t?.<O-F-O -'=6 c@Oo@=6(DO)@A-10AGSR.1SR-3sR-4.5SR-6SR.8MR-DMR-T12MR-T16MR-GMR-MMR-HMHPNCCccDCDCEMTC.1MTC-2MCRCMGCt1l2t3on€Yo(D='@(odE:o (.u-oOr*5=!!!!n!n!T!TT!a>ofoo-cEitxEoG!JGT{G!JTEAoY_:oo-+3oo-co)J=o!!!T!!TT!t!!0crooxo@GT5G!!GTJG!N!Ta!!6<€sf==ocJ@=o<c=6G!:jG!!GTJGaro@o@!!TiTT!!!GTc=o3.o-€o=(o@GTo6ToT!!GT?!!TT!lJ lnGTFtr3<oo:oFoo:'oiXoi;JO3o.o@!oqoJo3o!q)x@3!o!T:!T!!oocEo3oaoo)o!6!Na!19aTNa!196T6T19aTN6!N6T6!NGTN6!N6T19NGTNG!Na!Na!sa!N6!ea!19a!N=A>6cEo3o@oo)@@GoN6ONGoNNaoNN6oNGo19N6oNaoNaoN6o!,aol9aoN=a':,@cicaJo3o@oq)@aGo6ONGoN?soGONaoNaoNNGoN6oNaoNGO196oNGc)N6ON=A\J OcEJ3o@oqt@@GoN6ONGoNNaoN6ONaoNNGON6oNaoGONNN?ioN=ocEJ3o@oo)@@aGoaGoNONAN+0)oofo@Cedfe+!loto<4coI.%€d3OJq3o=gd_6!6!aTG!{,GT6!GTG!6!6TG!t?a dqui g,*od@nSxeqhi=-@,d3a?;T6i!6T6;!on6;!6;!G;!6;To!o!6;To!--{o)=2.tf0)5oc2.(o8,.8,68,.E,bE'.'E''lclo19lsloloG!G!@G!cTo30!n!!o_Q Tos!lltrooo1+otsUIbtoNoFoItCLoa+Iocttroo1nOl!!ttnSoGoIo\hLF:;E\a.Ulrli#$urcx3.8Ar
(5)(30)(30)
Short-term rentals (34)(34)(34)(34)(34)(34)(34)(34)(34)(34)
Farm worker
accommodations (17)(e)(171,
Accessory uses and
structures
customarily
appurtenant to a
permitted use
(8)
(18)
(8)
(18)
(8)
(18)
(8)
(18)
(8)
(18)
(18)(18)(18)(18)(18)(18)
Accessory dwelling
units and guest
cottages
(8)
(10)
(8)
(10)
(8)
(10)
(8)
(10)
(8)
(10)
(8)
(10)
(8)
(10)
(8)
(10)
(8)
(10)
(8)
(10)
(8)
(10)
(8)
(10)
(8)
(10)
Accessory living
quarters (14)(14)(14)(14)(14)(14)(14)(14)(14\(14)(14)(14)
Live-work units
P
(28t
Home occupations (1 1)(11)1(1 )(1 (1 1)(1 1)(11)(11)(1 1)(11)(1 1)(11)(1 1)(r 1)(1 1)(1 1)(1 1)(11)(11)(1 1)(1 1))(1 (1 1)(11)(11)(1 1)
Service buildings
Storage of
recreational vehicles (16)(16)(16)(16)(16)(16)(16)(16)(16)(16)(16)(16)
Emergency housing
facility; emergency
shelter
c
(31)
c
(31)
L
(31)
c
(31)
c
(35)
c
(35)
c
(35)
c
(35)
c
(35)
a
(35)
c
(35)
c
G5)
lndependent senior
living facilities
tvl tvl tvl M tvt P
(2s)
P
(2e')
P
(2e)
P
(2)
tvt
(3)
P
(4)
P P P P c P
(2)
IV
(3)
Assisted living
facilities
M M M M M P
(2e)
P
(2e)
P
(2e)
P
(2)
M
(3)
P
(4)
P P P P c P
(2)
M
(3)
Residential facilities
with health care
M M M M M P
(2e)
P
(2e)
P
(2e)
P
(2)
M
(3)
P
(4)
P P P P c P
(2)
M
(3)
Designated
manufactured home
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25t
P
125)(25)
P
(25\
P
(25)
P
(25)
lsolation and
quarantine facilities
c
(36)
c
(36)
c
(36)
7 Amend Title 75 KCC -
Re: Emergency Shelters and Housing
'ESTION
4. - Amendment KCC 75.04.030. section 15.04.030 0f the
Kent City Code, entitled "Residential land use development conditions" is
hereby amended as follows:
section 15.O4.O30. Residential land use development
conditions.
1. Dwelling units, limited to not more than one per establishment, for
security or maintenance personnel and their families, when located on the
premises where they are employed in such capacity. No other residential
use shall be permitted.
Z. Multifamily residential uses, or other residential facilities where
allowed, are only permissible in a mixed-use overlay and must be included
within a mixed-use develoPment.
3. Assisted living facilities, residential facilities with health care, and
independent senior living facilities, when not combined with commercial or
office uses, require a minor conditional use permit and are subject to the
following conditions:
a. Must be located within one-half mile of publicly accessible
amenities in at least three of the following categories, as determined by the
economic and community development director. The distance shall be
measured as the shortest straight-line distance from the property line of the
proposed facility to the property line of the entities listed below:
i, Public park or trail, as identified in the city's most
recently adopted park and open space plan, or owned or maintained by any
agency of the state, or any political subdivision thereof;
Amend Title 75 KCC -
Re: Emergency Shelters and Housing
8
ii. Preschool, elementarY, or secondary school (public or
private);
iii. Indoor recreational center (community center, senior
center, physical recreation facility, bingo or casino hall);
iv. Church, religious institution, or other place of worship;
v. cultural arts center (theater, concert hall, artistic,
cultural, or other similar event center);
vi. Retail services, including, but not limited to: medical
services; food and beverage establishments; shopping centers; or other
commercial services that are relevant (reasonably useful or germane) to the
residents of the proposed facility, as determined by the city's economic and
community development director.
b. Alternatively, if the facility provides amenities in one or more
of the categories listed in subsection (3)(a) of this section on the ground
floor of the facility itself, oriented towards the public (meaning that they are
visible, accessible, and welcoming), the number of other amenities to which
a half-mile proximity is required may be reduced, at the discretion of the
city's economic and community development director'
4. Multifamily residential uses, or other residential facilities where
allowed, when established in buildings with commercial or office uses, and
prohibited on the ground floor'
Amend Title 75 KCC -
Re: Emergency Shelters and Housing
9
5. Multifamily residential uses, or other residential facilities where
allowed, when not combined with commercial or office uses'
6. Existing dwellings may be rebuilt, repaired, and otherwise changed
for human occupancy. Accessory buildings for existing dwellings may be
constructed subject to the provisions of KCC 15.08'160'
7. Transitional housing facilities, limited to a maximum of 20 residents
at any one time, plus up to four resident staff.
8. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160,
9. Farm dwellings appurtenant to a principal agricultural use for the
housing of farm owners, operators, or employees, but not accommodations
for transient labor.
10, Accessory dwelling units shall not be included in calculating the
maximum density. Accessory dwelling units are allowed only on the same
lot with a principally permitted detached single-family dwelling unit, and are
subject to the provisions of KCC 15'08.160 and 15'08.350.
11 Customary incidental home occupations subject to the provisions of
KCC 15.08.040.
12.
n
of hotel rooms. (For transitional housing. density shall be calculated based
10
Re: EmersencY!ffii:r::':t1"f:fr;
d istrict.
13. Subject to the combining district requirements of the mobile home
park code, Chapter 12.05 KCC'
14. Accessory living quarters are allowed per the provisions of
KCC 15.08.359.
15. IReserved]
16. Recreational vehicle storage is permitted as an accessory use in
accordance with KCC 15.08.080'
17. Accommodations for farm operators and employees, but not
accommodations for transient labor'
18. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones'
19. The following zoning is required to be in existence on the entire
property to be rezoned at the time of application for a rezone to an MR-T
zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE'
Amend Title 75 KCC -
Re: Emergency Shelters and Housing
11
20. All multifamily townhouse developments in an MR-T zone shall be
recorded as townhouses with ownership interest, as defined in KCC
15.02,525.1, prior to approval of a certificate of occupancy by the city.
2L. IReserved].
22. One duplex per lot is permitted'
23. Secure community transition facilities are only permitted within the
boundaries depicted on the following ffidP, and only with a conditional use
permit:
24. A secure community transition facility shall also comply with
applicable state siting and permitting requirements pursuant to Chapter
7L.Og RCW. Secure community transition facilities are not subject to the
siting criteria of KCC 15,08,280 for class III group homes, but they are
subject to a 600-foot separation from any other class II or III group home'
In no case shall a secure community transition facility be sited adjacent to,
Amend Title 75 KCC'
Re: EmergencY Shelters and Housing
c
a.i:l
.6.
3
L2
immediately across the street or parking lot from, or within the line of sight
of risk-potential activities or facilities in existence at the time a site is listed
for consideration. Within the line of sight means that it is possible to
reasonably visually distinguish and recognize individuals. For the purposes
of granting a conditional use permit for siting a secure community transition
facility, the hearing examiner shall consider an unobstructed visual distance
of 600 feet to be within the line of sight. During the conditional use permit
process for a secure community transition facility, the line of sight may be
considered to be less than 600 feet if the applicant can demonstrate that
visual barriers exist or can be created that would reduce the line of sight to
less than 600 feet. This distance shall be measured by following a straight
line, without regard to intervening buildings, from the nearest point of the
property or parcel upon which the proposed use is to be located, to the
nearest point of the parcel or property or the land use district boundary line
from which the proposed use is to be separated. Forthe purpose of granting
a conditional use permit for a secure community transition facility, the
hearing examiner shall give great weight to equitable distribution so that the
city shall not be subject to a disproportionate share of similar facilities of a
statewide, regional, or countywide nature.
25. A designated manufactured home is a permitted use with the
following conditions:
a A designated manufactured home must be a new manufactured
home;
b. The designated manufactured home shall be set upon a
permanent foundation, as specified by the manufacturer, and the space from
the bottom of the home to the ground shall be enclosed by concrete or an
approved concrete product that can be either load-bearing or decorative;
13
Re: Emersencv!ffii:r::':t',f"f!f';
c. The designated manufactured home shall comply with all city
design standards applicable to all other single-family homes;
d, The designated manufactured home shall be thermally
equivalent to the State Energy Code; and
e. The designated manufactured home shall
requirements for a designated manufactured home
RCW 35.63.160.
meet all other
as defined in
26. Multifamily dwellings shall be allowed only within the Kent downtown
districts outlined in the downtown subarea action plan and shall be
condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar
dwelling units with ownership interest and recorded as such prior to approval
of a certificate of occupancy by the city.
27. Within subdivisions, as defined by KCC t2'04.025, vested after March
22, 2007, or altered to comply with zoning and subdivision code
amendments effective after March 22, 2QO7,25 percent of the total number
of permitted dwelling units may be duplex or triplex townhouse structures'
28. Live-work units; provided, that the following development standards
shall apply for live-work units, in addition to those set forth in KCC
15.04,190:
a. Thd unit shall contain a cooking space and sanitary facility in
conformance with applicable building standards;
Amend Title 75 KCC'
Re: Emergency Shelters and Housing
T4
b. Adequate and clearly defined working space must constitute no
less than 50 percent of the gross floor area of the live-work unit. Said
working space shall be reserved for and regularly used by one or more
persons residing there;
c. At least one resident in each live-work unit shall maintain at all
times a valid city business license for a business on the premises;
d. Persons who do not reside in the live-work unit may be
employed in the live-work unit when the required parking is provided;
e. Customer and client visits are allowed when the 'required
parking is provided;
f . No portion of a live-work unit may be separately rented or sold
as a commercial space for a person or persons not living on the premises,
or as a residential space for a person or persons not working on the
premises;
g. IReserved];
h, Construct all nonresidential space, to the maximum allowed, to
commercial building standards; and
i. provide an internal connection between the residential and
nonresidential space within each unit'
Zg. Subject to the maximum permitted density of the zoning district' For
assisted living facilities, residential facilities with health care, and
independent senior living facilities, each residential care unit is considered
15 Amend Title 75 KCC -
Re: EmergencY Shelters and Housing
one dwelling unit for purposes of density calculations, For transitional
calculations.
30. Conditional use when the number of residents exceeds 20 at any one
time or more than four resident staff'
31. Emergency housing and emergency shelter facilities are allowed in
the MR-D, MR-G, MR-M, and MR-H zoning districts, in conjunction with an
approved conditional use permit that satisfies the below conditions, and
must satisfy the requirements of RCW 35A'21.360(10) prior to opening'
a. General conditions. Emergency housing and emergency shelter
facilities are subject to the following general conditions:
i'Theemergencyhousingorshelterfacilitymustbe
located on the same lot as an actively operating church or similar religious
institution.
ii. At the time of application for the conditional use permit,
there shall be no other approved emergency housing or shelter facility
located within 1,000 feet of the proposed emergency housing or shelter
facility site. For the purposes of this subsection, distance shall be measured
in a straight line between the closest property line of the existing facility and
the closest property line of the proposed facility. For purposes of this section,
if the city receives applications for proposed facilities that are within 1,000
feet of each other, the first complete application received by the city shall
be given prioritY.
Amend Title 75 KCC -
Re: EmergencY Shelters and Housing
16
iii. An emergency housing facility and an emergency shelter
facility may not be permitted on the same lot simultaneously.
iv. Emergency housing and shelter facilities shall be
permitted to operate for a maximum of 90 consecutive days, and there shall
be a minimum period of 90 consecutive days between operational periods
during which the emergency housing or shelter facility does not operate. The
90-day period of nonoperation shall apply to the operation of an emergency
housing facility followed by an emergency shelter facility and vice versa'
V.Thebuildingfootprintoftheemergencyhousingor
shelter facility cannot exceed the building footprint of the church or similar
religious institution that exists on the same lot'
vi. The church or similar religious institution on the same lot
as the emergency housing or shelter facility shall be primarily responsible
for the operation and maintenance of the facility itself, as well as the conduct
of the residents of the facility on and in the immediate vicinity of the lot, to
the maximum extent permitted by law, regardless of whether the
organization contracts with a third party for the provision of any services
related to the facility itself or its residents.
vii. The emergency housing or shelter facility shall comply
with the setbacks and landscaping requirements for churches, as identified
in KCC 15.08.020(A),
viii. The possession or use of illegal drugs at an emergency
housing or shelter facility or the property occupied by the facility is
prohibited.
Amend Title 75 KCC -
Re: EmergencY Shelters and Housing
t7
ix. Emergency housing or shelter facilities shall be
responsible for the safety of residents of the facility, and shall establish a
plan to remove individuals who present a threat to other residents or the
property of other residents'
X.Intheeventofapublichealthemergency,thecitymay
require an emergency response plan that is in substantial compliance with
relevant guidance and requirements issued by Public Health - Seattle and
King County in response to the public health emergency'
xi. Emergency housing and shelter facilities must comply
with all applicable fire and building codes set forth in Chapters 13'01 and
14.01 KCC,
xii. The church or religious institution must provide the city
written documentation of the following:
(a) A description of the proposed staffing and
operational characteristics, including confirmation of sanitation and basic
safety measures required for emergency shelters'
(b) A description of the proposed population to be
served and code of conduct to be observed including conflict resolution
steps.
(c) Criteria for rejection or removal of an individual
seeking access to the facilitY'
(d) A plan for managing the exterior appearance of
the proposed site including trash/litter.
18 Amend Title 75 KCC -
Re: EmergencY Shelters and Housing
(e) A phone number, email, and point of contact at
the site of the facility for the community to report concerns.
(f) A plan for addressing reported concerns and
documenting resolution, and making this information publicly available.
(g) A proposed site plan showing compliance with all
requirements set forth in this subsection (31) and applicable fire and building
codes set forth in Chapters 13'01 and 14'01 KCC.
xiii, Emergency housing and shelter facilities must have two
naloxone (Narcan) kits onsite, and staff must be trained in how to administer
the naloxone (Narcan).
xiv. The possession of any of the weapons described in RCW
9.41.280(1) at an emergency housing or shelter facility or the property
occupied by the facility is prohibited'
b. Emergency housing facilities Additional conditions.
Emergency housing facilities must operate pursuant to an agreement with
the city, approved by the director of economic and community development,
and are subject to the following additional conditions:
i. The emergency housing facility must be located within a
permanent, enclosed building'
ii. The emergency housing facility must be located on a lot
that is a minimum of one acre in size.
Amend Title 75 KCC'
Re: EmergencY Shelters and Housing
19
c. Emergency shelter facilities - Additional conditions. Emergency
shelter facilities must be located within a temporary structure as described
below, and are subject to the following additional conditions:
i. Emergency shelter facilities are limited to a maximum
sleeping occupancy of 35 people, The design of the temporary structure shall
include an occupant load factor of a minimum of 50 square feet per occupant
and a three-foot aisle around the entire inside perimeter of the tent.
ii. The emergency shelter facility must be located on a lot
that is a minimum of two acres in size.
iii. Emergency shelter facilities must be within a single,
large temporary enclosure, such as a tensile membrane structure, or within
multiple identical temporary enclosures, such as matching vinyl canvas
tents, that are a minimum of 400 square feet in size. If the floor of a
temporary enclosure does not provide insulation from the ground, camping
cots or other off-ground sleeping structures must be provided. The use of
small, individual tents or makeshift structures including, without limitation,
those created with tarps or plastic is prohibited.
iv. Gasoline-powered generatorsareprohibited.
v. smoking or open flames inside the temporary structure
are prohibited, and the use of portable heaters within personal tents is
prohibited. All heating equipment shall be in accordance with the adopted
fire code.
vi. Emergency shelter facilities shall provide sanitation and
basic safety measures including the following:
Amend Title 75 KCC -
Re: Emergency Shelters and Housing
20
(a) One portable or permanent toilet per 20 persons
at a minimum, with a handwashing station at each toilet'
(b) Rodent-proof litter receptacles and food storage
containers
(c) Two large first-aid kits that include emergency
eye wash bottles
(d) Secured area for dry supplies storage (blankets,
clothing, food, first-aid).
(e) Covered kitchen area at least 20 feet from any
sleeping areas, with handwashing and dishwashing stations stocked with
soap.
(f) Cleaning supplies including work gloves,
disposable gloves, trash grabber-tool, disinfectant, hand sanitizer, masks,
buckets, paper towels, etc.
(g) Feminine hygiene Products.
(h) Three- to four-foot wide aisle between sleeping
structures so as to be ADA compliant and accessible by emergency services
person nel.
32. The following restrictions apply to all group homes:
Amend Title 75 KCC -
Re: Emergency Shelters and Housing
2T
a. A group home is considered a single-family residential use and
shall not be combined with another residential use on the same parcel
including, but not limited to, a communal residence or short-term rental;
b. A city of Kent business license is required in accordance with
Chapter 5.01 KCC;
c. The applicant is responsible for obtaining any relevant required
state licenses and providing an up-to-date copy of anv relevant tfp+eFdate
state license, or proof one is not required by the state, to the city of Kent
prior to approval of a city business license;
d. Family members of the provider may live in the group home,
but such members are limited only to a spouse and children of the provider
or spouse, and are subject to the background check requirements of WAC
388-73-10166 and 388-76-10161; and
e. An accessory dwelling unit is permitted only if used as part of
the operation of a group home and may not be leased or sub-leased to a
separate family.
measured in a straiqht line between the closest property line of the existing
Amend Title 75 KCC -
Re: Emergency Shelters and Housing
22
this section, if the citv receives applications for proposed facilities that are
the citv shall be given Priority.
33. The following restrictions apply to all communal residences:
a, A city of Kent business license is required in accordance with
Chapter 5.01 KCC;
b. No more than three rooms within the home or accessory
structure may be separately leased or sub-leased; and
c. Each room being leased or sub-leased shall have adequate
Space, light, electricity, heating, emergency egress, a smoke detector, and
access to adequate sanitation and eating facilities pursuant to the
International Residential Code and International Property Maintenance Code
as adopted in Chapter 14.01 KCC. Adequate space means floor area of no
less than 70 square feet in size, no less than seven feet of ceiling height and
shall not have any horizontal dimension less than seven feet. Egress means
one emergency escape rescue opening at least 5'7 square feet,24 inches
high and 20 inches wide.
34. The following restrictions apply to short-term rentals
a. A city of Kent business license is required in accordance with
Chapter 5.01 KCC;
b. The home shall be occupied by the owner or a nontransient
tenant for at least six months of each year;
Amend Title 75 KCC -
Re: Emergency Shelters and Housing
23
c. No more than three rooms within the home or accessory
structure may be offered as short-term rentals; and
d. The applicant is responsible for complying with the short-term
rental requirements of Chapter 64'37 RCW'
35. Subject to an approved conditional use permit meeting the conditions
set forth below, emergency housing facilities are allowed in the DC, DCE,
MTC- 1, MTC-}, and-M CR.ltvl.Ge_e nd_LL zon i n g d istricts, a n d eme rg ency
shelters are not allowed in these same districts. Prior to opening, the
requirements of RCW 35A,21.360(10) must be satisfied, whether or not the
owner or operator is a religious organization.
a. General conditions. Emergency housing facilities are subject to
the following additional conditions:
i. The emergency housing facility must be located within a
permanent, enclosed building'
ii. The emergency housing facility must be located on a lot
that is a minimum of one acre in size'
iii, Emergency housing facilities must operate pursuant to
an agreement with the city, approved by the director of economic and
commu nity develoPment.
iv. At the time of application for the conditional use permit,
there shall be no other approved emergency housing or shelter facility
located within 1,000 feet of the proposed emergency housing facility site'
For the purposes of this subsection, distance shall be measured in a straight
Amend Title 75 KCC'
Re: Emergency Shelters and Housing
24
line between the closest property line of the existing facility and the closest
property line of the proposed facility, For purposes of this section, if the city
receives applications for proposed facilities that are within 1,000 feet of each
other, the first complete application received by the city shall be given
priority.
v. Emergency housing facilities shall be permitted to
operate for a maximum of 90 consecutive days, and there shall be a
minimum period of 90 consecutive days between operational periods during
which the emergency housing facility does not operate. The 90-day period
of nonoperation shall apply to the operation of any emergency housing
facility followed by an emergency shelter facility and vice versa.
vi. The person or organization that owns or operates the
facility shall be primarily responsible for the operation and maintenance of
the facility itself, as well as the conduct of the residents of the facility on and
in the immediate vicinity of the lot, to the maximum extent permitted by
law, regardless of whether the person or organization contracts with a third
party for the provision of any services related to the facility itself or its
residents.
vii. The possession or use of illegal drugs at an emergency
housing facility or the property occupied by the facility is prohibited.
viii. Emergency housing facilities shall be responsible for the
safety of residents of the facility, and shall establish a plan to remove
individuals who present a threat to other residents or the property of other
residents
Amend Title 75 KCC -
Re: EmergencY Shelters and Housing
25
ix. In the event of a public health emergency, the city may
require an emergency response plan that is in substantial compliance with
relevant guidance and requirements issued by Public Health - Seattle and
King County in response to the public health emergency.
X.Emergencyhousingfacilitiesmustcomplywithall
applicable fire and building codes setforth in Chapters 13.01 and 14.01 KCC'
xi. The owner or operator of the emergency housing facility
must provide the city written documentation of the following:
(a) A description of the proposed staffing and
operational cha racteristics.
(b) A description of the proposed population to be
served and code of conduct to be observed including conflict resolution
steps.
(c) Criteria for rejection or removal of an individual
seeking access to the facilitY.
(d) A plan for managing the exterior appearance of
the proposed site including trash/litter'
(e) A phone number, email, and point of contact at
the site of the facility for the community to report concerns.
(f) A plan for addressing reported concerns and
documenting resolution, and making this information publicly available.
Amend Title 75 KCC -
Re: Emergency Shelters and Housing
26
(g) A proposed site plan showing compliance with all
requirements set forth in subsection (35) of this section and applicable fire
and building codes set forth in Chapters 13.01 and 14.01 KCC.
xii. Emergency housing facilities must have two naloxone
(Narcan) kits on site, and staff must be trained in how to administer the
naloxone (Narcan).
xiii. The possession of any of the weapons described in RCW
9.4L.280(1) at an emergency housing or shelter facility or the property
occupied by the facility is prohibited.
36. Isolation and quarantine facilities are subject to the following general
conditions:
a. An isolation and quarantine facility may operate under a
temporary use permit for 180 days as authorized by KCC 15.08.205. Any
use beyond 180 days requires a conditional use permit in accordance with
KCC.
b. A minimum six-foot-tall perimeter fence with controlled access
shall be installed prior to operation of the facility.
c. On-site security personnel shall be present 24 hours a day,
seven days a week to discourage quarantined or isolated individuals from
leaving the facility and to control access.
d. The operator shall provide meals, medical services, supplies,
counseling, and other services as needed to individuals housed at the
facility.
Amend Title 75 KCC -
Re: Emergency Shelters and Housing
27
e. The operator shall provide any necessary medical
transportation service.
f . The operator shall provide transportation for residents to and
from the facility to ensure they are not reliant on public transportation.
g. The possession or use of illegal drugs at an isolation and
quarantine facility or the property occupied by the facility is prohibited.
h. The facility will comply with applicable state and local building,
plumbing, electrical, mechanical, utilities, and fire code requirements during
operation of the temporary quarantine and isolation facility'
i. Prior to the issuance of a temporary use permit or a conditional
use permit, the operator of the isolation and quarantine facility shall provide
the city a written operational plan that includes:
i. A plan for meeting the general conditions listed in
subsection (36) of this section.
ii
cha racteristics
A description of the proposed staffing and operational
A description of the proposed population to be served
iv. A phone number, email, and point of contact at the site
of the facility for the community to report concerns'
Amend Title 75 KCC -
Re: Emergency Shelters and Housing
28
v. A plan for addressing reported concerns and
documenting resolution, and making this information publicly available'
vi. A plan for transporting individuals back to their location
of residence following the completion of the isolation or quarantine period.
SECTION 5. - Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
$ECTION 6, - Corrections by city clerk or code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
referenCeS to Other local, State, or federal laws, Codes, rules, or regulationS'
SECTION 7. - Effective Date. This ordinance shall take effect and be
in force 30 days from and after its passage, as provided by law'
DANA RALPH, MAYO
September 7. 2021
Date Approved
ATTE
0,September 7. 2021
Date AdoptedKIMBERLEY A MOTO,RK
Seotember 10. 2021
Date Published
Amend Title 75 KCC'
Re: Emergency Shelters and Housing
29
APPROVED AS TO
ARTHUR "PAT" FITZ , CITY ATTORNEY
Amend Title 75 KCC -
Re: Emergency Shelters and Housing
30
STATETOF WASHINGTON, COUNTY OF KING )
AFFIDAVIT OF PUBLICATION. :
PUBLIC NOTICE
Rudi Alcott,,being;first duly sworn on oath that he is the
Vice Presidentiof Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent Reporter has been approved as a Legal Newspaper by order of
the Superior.Court of the,state of.Wa-shington for King County.
The noiice in the'exact form ahnexed was published in regular issues of
the Kent Repote.r (.and riot in supplement form) which was regularly
distributed to'its subscribers during the below stated period. The annexed
''
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.
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notrce, a:
Publib' Notice #KENe3716t" 1
was published on SePtember 10,2021
The full amgqnt of the fee charged for said foregoing publication is the
sum of $81.52
l!' r ';: . '-:-
RUdiAICOtti. 'll rllr:;:,'r ':'- (:t]! ,{..(:, ,::,. . ,tr
Vice Fresident;.A.dvertising: r;lr:- ;:':i:: r' I .1 :i' : r':
Subscribed and sworn to,; me this,l,Oth, ay;of September, 2021 .
f i ''-r:
Tribb
Washington
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fof the State of Washington, Residing in
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Proofed by Jennifer Tribbett, 08/3 lLz\2l 12:1141 pm'; . . ,
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