HomeMy WebLinkAboutOrdinance 2025-02, adopting interim regulations transitional housingCity of East Wenatchee, Washington
Ordinance No. 2025-02
An Ordinance of the City of East Wenatchee adopting interim
regulations pursuant to ROW 35A.63.220 and ROW 36.70A.390:
adopting regulations pertaining to transitional housing and permanent
supportive housing, containing a severability clause, and establishing
an effective date.
Ordenanza de la ciudad de East Wenatchee que adopta regulaciones
provisionales de conformidad con ROW 35A.63.220 y ROW 36.70A.390:
adopta regulaciones relacionadas con viviendas de transicion y
viviendas de apoyo permanentes, que contienen una clausula de
separabilidad y establecen una fecha de vigencia.
1. Alternate format.
l.l.Para. leer este documento en otro formato alternativo (espanol, Braille,
leer en voz alta, etc.), comuniquese con la administradora municipal al
alternatformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2.TO read this document in an alternate format (Spanish, Braille, read
aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711
(TTY).
2. Recitals.
^.7. The City of East Wenatchee ("City") is a non-charter code city, duly
incorporated and operating under the laws of the State of Washington.
2.2.1n 2021 the Legislature passed ESSHB 1220 which amended ROW
35A.21.430 which states that 'a code city shall not prohibit transitional
housing or permanent supportive housing in any zones in which
residential dwelling units or hotels are allowed'.
^.5. ROW 35A.63.240 states 'No city may enact or maintain an ordinance,
development regulation, zoning regulation, or official control, policy, or
administrative practice which treats a residential structure occupied by
persons with handicaps differently than a similar residential structure
occupied by a family or other unrelated individuals. As used in this
section, "handicaps" are as defined in the federal fair housing
amendments act of 1988 (42 U.S.C. Sec. 3602).
^.4. Pursuant to 42 USC 3604(£)(l) [Fair Housing Act] it is unlawful to
discriminate in the sale or rental, or to otherwise make unavailable or
deny, a dwelling to any buyer or renter because of a handicap. 42 USC
3604(f)(3)(B) defines discrimination as a refusal to make reasonable
accommodations in rules, policies, practices, or services, when such
accommodations may be necessary to afford such person equal opportunity
City of East Wenatchee Ordinance 2025-02 and Exhibit A
Page i of 5
to use and enjoy a dwelling.
2.5. The Fair Housing Act defines "handicap" as (l) a physical or mental
impairment which substantially limits one or more of such person's major
life activities, (2) a record of having such an impairment, or (3) being
regarded has having such an impairment, but such term does not include
current, illegal use of or addiction to a controlled substance.
^.6'. Title 17 Zoning of the East Wenatchee Municipal Code does not list
transitional housing or permanent supportive housing as permitted,
accessory or conditional uses in any residential zoning district.
Transitional and permanent supportive housing is included in the 'other
community housing services' classification which is a permitted use in the
CBD, G-C, MU, WMU and NEWL Overlay zoning districts.
2.7. The Prohibited Uses section of each zoning district in Title 17 states "All
uses not listed above as permitted uses, accessory uses, or conditional uses
shall be prohibited uses".
S.S.The current East Wenatchee zoning code is in conflict with the Fair
Housing Amendments Act of 1988 (42 USC Sec 3602) and ROW'S
35A.21.430 and 35A.63.240.
S.ff.The Washington legislature has additional modifications to transitional
and supportive housing proposals that are pending with the 2025
legislative session.
2.10. The establishment of interim regulations will allow the City more time
to draft and consider development standards applicable to transitional
housing and permanent supportive housing and coordinate standards with
statutory and housing code update amendments required by RCW
36.70A130(5)(c).
3. Authority.
3.1. ROW 35A.Il.020 and ROW 35A. 12.190 authorize the City Council to
adopt ordinances of all kinds to regulate its municipal affairs and
appropriate to the good government of the City.
3.2.RCW 35A.63.220 and ROW 36.70A.390 authorizes the City Council to
adopt moratoriums and interim control ordinances.
4. Purpose. The purpose of this ordinance is to adopt interim zoning regulations
regarding transitional housing and permanent supportive housing.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
5. Amendments. The City Council adopts interim zoning regulations as set forth
in Exhibit A.
6. Recitals Adopted as Findings of Fact. The City Council adopts the Recitals
City of East Wenatchee Ordinance 2025-02 and Exhibit A
Page 2 of 5
stated above as the findings of fact in support of this ordinance. The Council
may adopt additional findings in the event that additional evidence is
presented at the public hearing.
7. PubUc Hearing. Pursuant to ROW 35A.63.220 and ROW 36.70A.390, the City
Council must hold a public hearing on this ordinance and interim regulations
within 60 days of its adoption, so as to hear and consider public comment and
testimony regarding this ordinance. Following the hearing, the City Council
may adopt additional findings of fact. The City Council hereby sets a public
hearing on this matter for their regular March 4, 2025 meeting which starts
at 6:OOPM.
8. Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity
of the other provisions of this Ordinance.
9. Publication. The City Council directs the City Clerk to publish a summary of
this Ordinance. The summary shall consist of the title of this Ordinance. The
City Council directs the City Clerk to publish a copy of this Ordinance on the
City's website.
10. Effective Date. This Ordinance becomes effective immediately upon adoption
and shall remain effective for a period of six months unless terminated earlier
or subsequently extended by the City Council. PROVIDED, the City Council
may, in its sole discretion, renew the interim zoning regulations set forth
herein for one or more six-month periods in accordance with state law.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on
this 4th day of February, 2025
The City of East Wenatchee,
Washington
Jernl^a Crawford (Feb 7. 2025 11'21 PST)
Jerrilea Crawford, Mayor
Authenticated:
.^^-
Anna Laura^LeonT^ity Clerk
Approved as to form only:
Robert R. Siderius, City Attorney
Filed with the City Clerk: 01-31-2025
Passed by the City Council: 02-04-2025Published: 02-08-2025Effective Date: 02-13-2025
City of East Wenatchee Ordinance 2025-02 and Exhibit A
Page 4 of 5
Summary of
City of East Wenatchee, Washington
Ordinance No. 2025-02
On the 4th day of February, 2025, the City Council of the City of East Wenatchee,
Washington approved Ordinance No. 2025-02, the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee adopting interim
regulations pursuant to ROW 35A.63.220 and ROW 36.70A.390:
adopting regulations pertaining to transitional housing and permanent
supportive housing, containing a severability clause, and establishing
an effective date.
The full text of this Ordinance will be mailed upon request.
Dated this 4th day of February, 2025.
^c^^^^_-
Anna Laura/ Leon,^ity Clerk
City of East Wenatchee Ordinance 2025-02 and Exhibit A
Page 5 of 5
17.24.020 Permitted uses.
The following uses shall be permitted uses in the R-L district:
A. Single-family dwellings including modular and manufactured housing constructed in
accordance with the design requirements set forth in Chapter 15.38 EWMC, but not to exceed
one dwelling on any one lot unless otherwise permitted by this title;
B. Temporary construction offices within the tract or subdivision on which buildings are being
erected, and only for the duration of active construction;
C. Residential planned unit developments approved pursuant to Chapter 17.68 EWMC and the
applicable sections of the Greater Wenatchee Urban Area Design Standards and Guidelines
which are adopted by this reference as if fully set forth herein;
D. Adult family homes licensed by the Washington State Department of Social and Health
Services and meeting the definition in EWMC 19.11.020;
E. Bus passenger amenities meeting the requirements of EWMC 17.72.185;
F. Agricultural uses of a horticultural nature such as vegetable gardens, fruit and nut trees,
grape vines, and other horticultural stock;
G. Duplex dwellings; provided, the property is immediately adjacent to a commercial zoning
district (i.e., shares a common lot line or is directly across a public street from) and has sufficient
land area to provide 8,000 square feet of land area per duplex structure in addition to the land
area required for any other dwellings existing on the same property.
H. Duplexes on Corners. This provision allows new duplexes in locations where their
appearance and impact will be compatible with the surrounding houses. Duplexes on corner lots
can be designed so each unit is oriented towards a different street. This gives the structure the
overall appearance of a house when viewed from either street.
1. Development Standards. Both units of the duplex or attached houses must meet the
following standards to ensure that the two units have compatible elements. Adjustments to
this subsection are prohibited. The standards are:
a. Minimum Lot Size. The minimum lot size for duplexes on a corner lot is 8,000 square
feet in area.
b. Entrances. Each of the units must have its address and main entrance oriented
towards a separate street frontage. Deviation from this standard may be permitted if
one of the streets is an arterial and the driveway would adversely impact circulation on
that street. Where an existing house is being converted to two units, one main entrance
with internal access to both units is allowed.
c. Exterior Finish Materials. The exterior finish material must be the same, or visually
match in type, size and placement.
d. Roof Pitch. The predominant roof pitch must be the same for both units.
e. Eaves. Roof eaves must project the same distance from the building wall.
f. Trim. Trim must be the same in type, size and location.
Exhibit A
g. Windows. Windows must match in proportion and orientation.
h. Overall Design. The overall design of the duplex must be consistent in bulk and
character with the homes in the neighborhood.
I. Triplex dwellings, provided they meet applicable minimum lot size standards in EWMC
17.24.050(A) and the following locational requirements:
1. The triplex is on a lot that is immediately adjacent to a commercial zoning district (i.e.,
shares a common lot line or is directly across a public street from).
2. The triplex is on a corner lot.
J. Transitional Housina, Permanent Supportive hlousing
Exhibit A
Chapter 17.34 Commercial Zoning District Land Use Matrix
62 Health Care and Social Assistance
621111 Offices of Medical, Dental, Optical and Mental Health Specialists, Chiropractors, Etc.Plp[p PIP
621410 Family Planning Centers PIPIP PIP
621420 Outpatient Mental Health and Substance Abuse Centers PIPIP PIP
621491 HMO Medical Centers PIPIP PIP
621492 Kidney Dialysis Centers PIPIP PIP
621493 Freestanding Ambulatory Surgical and Emergency Centers PIPIP PIP
621498 All Other Outpatient Care Centers PIPIP PIP
621511 Medical Laboratories PIPIP PIP
621512 Diagnostic Imaging Centers PIPIP PIP
621610 Home Health Care Services PIPIP PIP
621910 Ambulance Services p P|C
621991 Blood and Organ Banks p P|C
621999 All Other Miscellaneous Ambulatory Health Care Services PIPIP PIP
622110 General Medical and Surgical Hospitals p p p
622210 Psychiatric and Substance Abuse Hospitals p p
622310 Specialty (Except Psychiatric and Substance Abuse) Hospitals p p
623110 Nursing Care Facilities PIPIP Pl c
623210 Residential Mental Retardation Facilities PIPIP Pl c
623220 Residential Mental Health and Substance Abuse Facilities Plp[p Pl c
623311 Continuing Care Retirement Communities PIPIP p c
623312 Homes for the Elderly PIPIP p c
623990 Other Residential Care Facilities PIPIP p c|
624110 Child and Youth Services PIPIP p c
624120 Services for the Elderly and Persons with Disabilities PIPIP p p
624190 Other Individual and Family Services PIPIP p p
624210 Community Food Services p
624221 Temporary Shelters p PlI624229Other Community Housing Services, such as Transitional or Permanent Supportive Housing PIPIP Pl p
624230 Emergency and Other Relief Services p p c
624310 Vocational Rehabilitation Services PIPIP Pl p
624410 Child Day Care Services (Family Day Care)PIPIP p p
624410 Child Day Care Services PIPIP p p
17.43.020 Permitted uses.
Hereafter all buildings, structures or parcels of land shall only be used for the following, unless
otherwise provided for in this title:
Exhibit A
A. Arcades for games;
B. Art, music and photography studios;
C. Automobile parking facilities;
D. Automobile sales and leasing, new and/or used, including light pickup trucks and vans but
not including recreational vehicles or heavy trucks, provided the following requirements are met:
1. The business shall be located on an arterial;
2. No repairing, painting or body work shall be conducted outside of a building and no parts
storage or inoperable vehicles may be stored outside of a building;
3. If abutting a residential zone, a Type 1 screening shall be required meeting the
requirements of EWMC 17.72.080(A) along all property lines abutting a residential zoning
district;
4. A minimum of a 25-foot setback shall be required of any building abutting any residential
zone;
5. Other landscaping or architectural improvements may be required to ensure compatibility
with present and potential C-L uses in the vicinity; and
6. Vehicle storage may not occupy more than 60 percent of the site that is not covered by
structures;
E. Automobile service stations, provided they are located at the intersection of two streets, one
of which must be an arterial;
F. Bakery and pastry shops; products made must be sold at retail on premises;
G. Banking and related financial institutions, including drive-in facilities;
H. Bowling alleys;
I. Brew pubs;
J. Child day care facilities, including Group 1 and 2 child day care centers and family day care
homes;
K. Civic, social and fraternal clubs;
L. Dance studio;
M. Delicatessens;
N. Dry cleaning and laundry services;
0. Funeral homes;
P. Government facilities;
Q. Grocery stores;
R. Hobby shops;
Exhibit A
S. Hospitals and medical and dental clinics;
T. Hotels;
U. Household goods mini-storage, provided the following requirements are met:
1. No more than two main entrances and/or exits to the building and access to the individual
storage areas shall be from the inside of the building;
2. Landscaping and architectural improvements required to ensure compatibility with
present and potential C-L uses in the vicinity;
V. Laundry, self-service;
W. Massage parlors;
X. Meeting rooms and/or reception facilities;
Y. Motels;
Z. Nursing home, or assisted living facility;
AA. Personal service shops;
BB. Pharmacies;
CC. Printing and publishing;
DD. Professional offices;
EE. Radio and television broadcasting studios;
FF. Residential Structures, Existing. Existing residential structures, legally established before
the effective date of this zoning district, are permitted to continue as a place of habitation;
provided, if the structure housing the residential use obtains an occupancy permit for any other
use established in this section, the residential status protected under this provision is revoked;
GG. Retail stores and shops, including department and variety stores;
l-1hl. Religious institutions;
II. Restaurant, including outdoor seating and drive-in facilities. Sale of alcoholic beverages is a
secondary use and is limited to on-premises consumption;
JJ. Schools - commercial, including art, business, barber, beauty, dancing, martial arts and
music;
KK. Secretarial services;
LL. Theaters, except drive-in;
MM. Veterinary services and clinics for small animals; no outside runs or kennels are permitted;
NN. Wireless communications facilities.
00. Transitional Housing, Permanent SuDportive Housing
Exhibit A
19.11.070F definitions
"Family" means an individual, or two or more persons related by blood or marriage, or a group
of not more than throe persons, excluding servants, who need to be related by blood or
marriage, living together as a single housekeeping unit in a dwelling unit.
19.11.170P definitions
"Permanent supportive housing" means subsidized, leased housing with no limit on length of
stay that prioritizes people who need comprehensive support services to retain tenancv and
utilized 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 experiencina homelessness or was at imminent risk
ofhomelessness 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 communitv-based health care, treatment, or employment services. Permanent
supportive housing is subject to all of the rights and responsibilities defined in RCW 59.18.
19.11.210T definitions
"Transitional Housinfl" means a project that provides housing and suDportive services to
homeless persons or families for up to two years andthat has as its purpose facilitating the
movement of homeless persons and families into independent living. Also included in this
definition is housing that provides a home-like environment that promotes healthy recQverv from
a sybsjance use disorder and supports persons recovering from a substance use disorder
throuah the use of peer recovery support.
Exhibit A