043-21 - Ordinance - Amending Chapters 20.12 Definitions and 20.39 Use ProvisionsoRDtNANCE NO.043-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDTNG CHAPTER 20.12 (DEFIN|T!ONS) AND CHAPTER 20.39
(usE PROVTSTONS) OF THE PORT ORCHARD MUNtClpAr CODE
REGARDING EMERGENCY HOUSING AND SHEITERS, PERMANENT
SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING;
PROVIDING FOR SEVERABIIITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on March L2,2079, the City Council adopted Title 20 (Unified Land Use and Development
Code) of the Port Orchard Municipal Code (POMC), Ord. 011-19, containing the City of Port Orchard's
land use, zoning, and permitting regulations; and
WHEREAS, RCW 354.21- states that a code city may not prohibit transitional housing or
permanent supportive housing in any zones in which residential dwelling units or hotels are allowed;
and
WHEREAS, in the 2021 legislative session, the Legislature passed Engrossed Second Substitute
House Bill (ESSHB) 1220 which amended portion of the Growth Management Act (Ch. 36.70A RCW)
and Chapter 354.2L RCW; and
WHEREAS, ESSHB 1220 made changes to RCW 35A.2L which took effect on September 30,2O2L,
mandating that code cities 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; and
WHEREAS, in order to comply with ESSHB I22O, the City Council desires to amend POMC
Chapter 20.12 (Definitions) and POMC Chapter 20.39 (Use Provisions) in order to add definitions for
Emergency Housing, Emergency Shelter, Permanent Supportive Housing, and Transitional Housing
to the City's unified land use and development code, and establish the zones in which such uses are
permitted or conditionally permitted, in accordance with the requirements of RCW 354.21; and
WHEREAS, the proposed amendments to POMC Chapter 20.L2 and Chapter 20.39 were
reviewed by the City Council's Land Use Committee on July 1-, 202t; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 60-day
expedited review on July 22,2O2L; and
WHEREAS, on July 28, 202L, the City's SEPA official issued a determination of
nonsignificance for the proposed amendments, which was published and provided to the public in
Resolution No. 043-21
Page2 of 4
accordance with POMC 20.160.190 and WAC 197-11-510, and there have been no appeals; and
WHEREAS, on August 24,202I, the City issued a Notice of Public Hearing for the proposed
amendments to POMC Chapter 2O.L2 and Chapter 20.39, which was published and provided to the
public in accordance with POMC 20.25.050; and
WHEREAS, the Planning Commission conducted a public hearing on the substance of this
Ordinance on September 7,202L, and recommended its adoption by the City Council; and
WHEREAS, the proposed amendments to POMC Chapter 20.L2 and Chapter 20.39 were
considered by the City Council at the work-study meeting on September 2L,202L; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent
with the City's Comprehensive Plan and development regulations, the Growth Management Act,
Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of
the City and further advance the public health, safety and welfare; now, therefore,
THE CITY COUNCIT OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as
if fully set forth herein.
SECTION 2. POMC 20.12 Definitions - New Definitions Added. The following new
definitions are added to Port Orchard Municipal Code Section 20.1-2.0L0:
"lndoor 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. lndoor emergency
housing may or may not require occupants to enter into a lease or occupancy agreement.
"lndoor Emergency Shelter" means a facility that provides a temporary indoor shelter for individuals
or families who are currently homeless. An indoor emergency shelter may not require occupants to
enter into a lease or an occupancy agreement. lndoor emergency shelter facilities may include day
and warming centers that do not provide overnight accommodations.
"Permanent Supportive Housing" means 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 24 off-site voluntary
services designed to support a person living with a complex and disabling behavioral health or
Resolution No. 043-21
Page 3 of 4
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.
"Transitional Housing" means a facility that provides housing and supportive services to homeless
persons or families for up to two years and that has as its purpose facilitating the movement of
homeless persons and families into independent living.
SECTION 3. POMC 20.39 Use Provisions - Additions. The following uses are hereby
added to the Residential Uses section in POMC 20.39.040 (Use Table):
SECTION 4. Conflict. ln the event of a conflict between this Ordinance, and any
Ordinance or regulation of the City, the provisions of this Ordinance shall control, except that the
provisions of the City's critical areas code, shoreline master program or any lnternational Building
Code shall supersede.
SECTION 5. Corrections. Upon the approval of the city attorney, the city clerk
and/or code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 6. Severabilitv. lf 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.
SECTION 7. Effective Date. This ordinance shall be published in the official
newspaper of the city and shall take full force and effect five (5) days after the date of
publication. A summary of this ordinance in the form of the ordinance title may be published in
Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU cMu DMU GMU BPMU cc CH F LI HI ct PR PF
Defini
tion
/Standa
rds
Residential Uses
lndoor Emergency Housing c c c c c
lndoor Emergency Shelter c c c c c
Permanent Supportive
Housing
c c c c c c c c c c c c c c c
Transitional Housing c c c c c c c c c c c c c c c
Resolution No. 043-21
Page 4 of 4
lieu of publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 28th day of September 2021.
Robert Putaansuu, Mayor
ATTEST:
n v nearson,MMC, City Clerk
APPROVED AS TO FORM
Charlotte A. Archer, City Attorney
PUBLISHED: October L, 2O2t
EFFECTIVE DATE: October 6,2O2L
SPONSOR:
€,a*:*----*
Scott Diener, Councilmember