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HomeMy WebLinkAboutOrdinance 2025-07, Extend Interim Control HearingCity of East Wenatchee Ordinance 2025-07 and Exhibit A Page 1 of 5 City of East Wenatchee, Washington Ordinance No. 2025-07 An Ordinance of the City of East Wenatchee adopting an extension to interim regulations pursuant to RCW 35A.63.220 and RCW 36.70A.390: pertaining to transitional housing and permanent supportive housing, repealing Ordinance 2025-02, containing a severability clause, and establishing an effective date. Ordenanza de la ciudad de East Wenatchee que adopta una extensión de las regulaciones provisionales de conformidad con RCW 35A.63.220 y RCW 36.70A.390: pertenecientes a viviendas de transición y viviendas de apoyo permanentes, deroga la Ordenanza 2025-02, contiene una cláusula de divisibilidad y establece una fecha de vigencia. 1.Alternate format. 1.1. Para leer este documento en otro formato alternativo (español, Braille,leer en voz alta, etc.), comuníquese 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. 2.1. The City of East Wenatchee (“City”) is a non-charter code city, dulyincorporated and operating under the laws of the State of Washington. 2.2. In 2021 the Legislature passed ESSHB 1220 which amended RCW 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’. 2.3. RCW 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). 2.4. Pursuant to 42 USC 3604(f)(1) [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 2025-07 and Exhibit A Page 2 of 5 to use and enjoy a dwelling. 2.5. The Fair Housing Act defines “handicap” as (1) 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. 2.6. 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”. 2.8. The current East Wenatchee zoning code is in conflict with the Fair Housing Amendments Act of 1988 (42 USC Sec 3602) and RCW’s 35A.21.430 and 35A.63.240. 2.9. 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). 2.11. On February 4, 2025, the City Council passed Ordinance 2025-02 adopting interim regulations. 2.12. The city is currently in a review of the Housing Element and related regulations. This review is scheduled to be completed in December 2026 with the completion of the 2026 Comprehensive Plan Update. 3.Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council toadopt 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 RCW 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 regulationsregarding transitional housing and permanent supportive housing. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 5. Amendments. The City Council extends the interim zoning regulations adopted in Ordinance 2025-02 and as set forth in Exhibit A. 6. Recitals Adopted as Findings of Fact. The City Council adopts the Recitals 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. 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. 8. 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. 9. 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 5th day of August, 2025 The City of East Wenatchee, Washington By. Jerrilea Crawford, Mayor luthenticated^f 1/V^ "Anna Laura Lean, City Clerk Approve as tc^form only: ^^^. Robert t(.^^ifs, 'City' Attorney City of East Wenatchee Ordinance 2025-07 and Exhibit A Page 3 of 5 Jerrilea Crawford City of East Wenatchee Ordinance 2025-07 and Exhibit A Page 4 of 5 Filed with the City Clerk: Passed by the City Council: Published: Effective Date: 07-30-2025 08-05-2025 08-09-2025 08-14-2025 City of East Wenatchee Ordinance 2025-07 and Exhibit A Page 5 of 5 Summary of City of East Wenatchee, Washington Ordinance No. 2025-07 On the 5th day of Auggust, 2025, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2025-07, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee adopting an extension to interim regulations pursuant to RCW 35A.63.220 and RCW 36.70A.390: pertaining to transitional housing and permanent supportive housing, repealing Ordinance 2025-02, containing a severability clause, and establishing an effective date. The full text of this Ordinance will be mailed upon request. Dated this 5th day of August, 2025. _____________________________ Anna Laura Leon, City Clerk Exhibit A 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 Housing, Permanent Supportive Housing 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. P P P P P 621410 Family Planning Centers P P P P P 621420 Outpatient Mental Health and Substance Abuse Centers P P P P P 621491 HMO Medical Centers P P P P P 621492 Kidney Dialysis Centers P P P P P 621493 Freestanding Ambulatory Surgical and Emergency Centers P P P P P 621498 All Other Outpatient Care Centers P P P P P 621511 Medical Laboratories P P P P P 621512 Diagnostic Imaging Centers P P P P P 621610 Home Health Care Services P P P P P 621910 Ambulance Services P P C 621991 Blood and Organ Banks P P C 621999 All Other Miscellaneous Ambulatory Health Care Services P P P P P 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 P P P P C 623210 Residential Mental Retardation Facilities P P P P C 623220 Residential Mental Health and Substance Abuse Facilities P P P P C 623311 Continuing Care Retirement Communities P P P P C 623312 Homes for the Elderly P P P P C 623990 Other Residential Care Facilities P P P P C 624110 Child and Youth Services P P P P C 624120 Services for the Elderly and Persons with Disabilities P P P P P 624190 Other Individual and Family Services P P P P P 624210 Community Food Services P 624221 Temporary Shelters P P 624229 Other Community Housing Services, such as Transitional or Permanent Supportive Housing P P P P P 624230 Emergency and Other Relief Services P P C 624310 Vocational Rehabilitation Services P P P P P 624410 Child Day Care Services (Family Day Care) P P P P P 624410 Child Day Care Services P P P 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; O. 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; HH. 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. OO. Transitional Housing, Permanent Supportive Housing Exhibit A 19.11.070 F definitions “Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than three persons, excluding servants, who need to be related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. 19.11.170 P 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 tenancy 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 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 RCW 59.18. 19.11.210 T definitions “Transitional Housing” means a project 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. Also included in this definition is housing that provides a home-like environment that promotes healthy recovery from a substance use disorder and supports persons recovering from a substance use disorder through the use of peer recovery support. 3. Ordinance 2025-07, Extend Interim Control Hearing Final Audit Report 2025-08-11 Created:2025-08-11 By:City Clerk (cityclerk@eastwenatcheewa.gov) Status:Signed Transaction ID:CBJCHBCAABAA7KU1QLbGHDG3HdcuxtBqx4p60jj57R6L "3. Ordinance 2025-07, Extend Interim Control Hearing" History Document created by City Clerk (cityclerk@eastwenatcheewa.gov) 2025-08-11 - 5:05:51 PM GMT Document emailed to jcrawford@eastwenatcheewa.gov for signature 2025-08-11 - 5:06:06 PM GMT Email viewed by jcrawford@eastwenatcheewa.gov 2025-08-11 - 5:06:34 PM GMT Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford 2025-08-11 - 5:06:50 PM GMT Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) Signature Date: 2025-08-11 - 5:06:52 PM GMT - Time Source: server Agreement completed. 2025-08-11 - 5:06:52 PM GMT