Chapter 20.72
HOMELESS DROP-IN CENTERS AND OVERNIGHT SHELTERS

Sections:

20.72.010    Purpose.

20.72.020    Definitions.

20.72.030    Applicable procedures.

20.72.040    Applicable zone districts.

20.72.050    Other zoning standards.

20.72.060    Submittal requirements.

20.72.070    Good neighbor agreement.

20.72.080    Review procedures.

20.72.010 Purpose.

To provide within the Puyallup Municipal Code a reasonable process to meet the need for daytime drop-in centers and overnight shelters intended to serve homeless persons, and to help those homeless individuals transition out of homelessness, consistent with state and federal statutes and laws including the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) while protecting the health, safety and welfare of the community. (Ord. 3195 § 2, 2019; Ord. 3179 § 2, 2018).

20.72.020 Definitions.

(1) “Daytime drop-in center” means a center which has a primary purpose of serving homeless individuals, whose clientele may spend time during day or evening hours, but with no overnight stays. Services may include counseling and/or medication monitoring on a formal or informal basis, personal hygiene supplies, facilities for showering, shaving, napping, laundering clothes, making necessary telephone calls and other basic supportive services. Centers may also provide meals or facilities for cooking.

(2) “Overnight shelter” means a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless. Temporary shelter facilities associated with disaster relief are excluded from this use category. Homeless drop-in center services may also be provided on the same site during daytime hours. (Ord. 3195 § 2, 2019; Ord. 3179 § 2, 2018).

20.72.030 Applicable procedures.

In addition to any applicable requirements found elsewhere in the Puyallup Municipal Code, the following procedures apply:

(1) Preapplication Meeting Required. Applicants interested in establishing either a daytime drop-in center or overnight shelter, pursuant to this section, shall be required to participate in a preapplication meeting about their proposal with applicable city staff, prior to the submittal of a formal application for the proposal. This meeting shall follow standard city preapplication meeting procedures.

(2) Two Process Options. Applications for a daytime drop-in center or overnight shelter, as provided in this section, shall be processed pursuant to one of the following options:

(a) Development Agreement. A daytime drop-in center or overnight shelter requires approval of a conditional use permit pursuant to this section unless the city council agrees to negotiate a development agreement in response to a formal request from the applicant. The city council may by resolution accept or decline to negotiate a development agreement that would allow a daytime drop-in center or overnight shelter to be established and constructed pursuant to the provisions of Chapter 36.70B RCW, Chapter 1.15 PMC and this section. Nothing in this subsection shall preclude an applicant from requesting the director to initiate processing of their application under the conditional use permit provisions of this section without requesting the city council to consider negotiation of a development agreement.

(b) Conditional Use Permit. A daytime drop-in center or overnight shelter requires approval of a conditional use permit unless the city council agrees to negotiate a development agreement pursuant to the process and decision criteria contained in this section. Where the city council has not adopted a resolution to initiate negotiation of a development agreement to allow a daytime drop-in center or overnight shelter to be established, a conditional use permit approval shall be processed pursuant to the provisions of Chapter 20.80 PMC and this section.

(3) Informational Neighborhood Meeting Required. The applicant shall conduct a public informational meeting within, or close to, the location where the proposed daytime drop-in center or overnight shelter will be located, within eight weeks following the filing of the subject application, but prior to completion of a staff report for either a conditional use permit or development agreement for the proposal. The time and location of the meeting shall be agreed upon between the city and the applicant. All property owners of parcels within a 1,000-foot radius of the parcel on which the proposed daytime drop-in center or overnight shelter is proposed shall be notified by mail at least 14 days in advance of the meeting by the applicant. In addition, notice of the neighborhood meeting, in a sign size and format consistent with applicable city standards, shall be posted in a conspicuous location on the property on which the facility is proposed at least 14 days prior to the date of the meeting. Posting of this notice within public right-of-way adjacent to the subject property shall be considered as meeting this requirement. The intent of this neighborhood meeting is to facilitate information sharing by the applicant about the proposed use and to respond to questions and input from the community.

(4) CUP Appeals. Any appeals of a conditional use permit approval from the hearing examiner, processed under this section, shall be to appellate hearing examiner, in accord with the review criteria established in PMC 2.54.170.

Any party of record for a particular application, consistent with the provisions of Chapter 2.54 PMC may file an appeal under this section. (Ord. 3195 § 2, 2019; Ord. 3179 § 2, 2018).

20.72.040 Applicable zone districts.

Daytime drop-in centers or overnight shelters permitted under this section shall be allowed, via a conditional use permit, in the limited manufacturing (ML), general commercial (CG), or community business (CB) zone districts. (Ord. 3195 § 2, 2019; Ord. 3179 § 2, 2018).

20.72.050 Other zoning standards.

Any daytime drop-in center or overnight shelter permitted under this section shall be subject to the following standards:

(1) A finding shall be made that any property containing a daytime drop-in center or overnight shelter shall have adequate on-site lighting and clear visibility from public rights-of-way, including the absence of substantive sight-obscuring vegetation and related obstructions. A finding shall also be made that the proposed facility, whether involving a new or existing structure, has an adequate internal waiting area to accommodate expected visitor and client levels without requiring exterior queuing during operating hours.

(2) Buffer Setbacks from Sensitive Uses. Any portion of a daytime drop-in center or overnight shelter facility permitted under this section shall not be located within 1,000 feet of a parcel containing any sensitive use under subsections (a) (public or private school) or (d) (licensed day care center or licensed preschool facility) of this section or within 500 feet of a parcel containing any of the other sensitive use subsections cited below:

(a) Public or private school, not including a college;

(b) Public park, including public trails;

(c) Public library;

(d) Licensed day care center or licensed preschool facility;

(e) Special needs senior housing facility (e.g., assisted living, rehabilitation center, memory care);

(f) Any residentially zoned parcel.

Buffer setbacks do not apply across the Puyallup River.

(3) A finding that shall be made that any property containing a daytime drop-in center or overnight shelter shall be in general proximity to public transportation and shall have adequate on-site parking, unless sited in a zone district which would not otherwise have an off-street code parking requirement. (Ord. 3195 § 2, 2019; Ord. 3179 § 2, 2018).

20.72.060 Submittal requirements.

Any conditional use permit application, or development agreement application if accepted by the city council pursuant to PMC 20.72.030(2), for a daytime drop-in center or overnight shelter shall include the following material in order to be considered a complete application:

(1) Site Information. Any conditional use permit or, if applicable, development agreement application for a daytime drop-in center or overnight shelter shall include adequate site information (e.g., site plans, building details, vicinity map) as specified on the conditional use permit application form.

(2) In addition to the applicable conditional use permit submittal requirements identified in Chapter 20.80 PMC and this section or, if applicable, development agreement submittal requirements consistent with Chapter 1.15 PMC and this section, information identified in this subsection shall also be included with the respective permit application. All applications for daytime drop-in center or overnight shelter shall include the following:

(a) A description of the homeless population to be served by the proposed daytime drop-in center or overnight shelter, dates and times of operation, and associated occupancy targets.

(b) A statement of the operator’s experience at providing daytime drop-in center or overnight shelter, including examples of similar facilities managed by the operator.

(3) A standard operating procedures plan including, but not limited to:

(a) A description of how the proposed daytime drop-in center or overnight shelter will serve the homeless population that will be accommodated by the use;

(b) A description of staffing for the proposed daytime drop-in center or overnight shelter and the training provided to staff hired to fulfill the identified staffing demand;

(c) A description of the anticipated providers that will serve the population that will be accommodated by the daytime drop-in center or overnight shelter;

(d) A description of the proposed area around the site where the code of conduct and applicable sections of the safety and security plan will apply;

(e) A map of proposed travel routes that the operator will suggest individuals use when seeking access to the daytime drop-in center or overnight shelter;

(f) A description of the procedures used to manage intake of the homeless population that is proposed to be served;

(g) A plan for encouraging prospective occupants to provide personal identification for inclusion in the homeless management information system (HMIS) to help increase opportunities to provide access to housing and services and to secure public funding for the proposed homeless services use;

(h) Where applicable, a plan to ensure that school-aged residents of the use are enrolled in school during their stay;

(i) Identification of a primary point of operator contact for assistance and referrals to send homeless individuals seeking services;

(j) A plan for managing exterior appearance of the proposed daytime drop-in center or overnight shelter, including trash/litter, hazardous materials, and biohazards in the vicinity of the site;

(k) A description of how the operator will inform and educate occupants of the daytime drop-in center or overnight shelter regarding the code of conduct; and

(l) A description of consequences to be imposed for violating the code of conduct.

(4) A code of conduct that applies within the vicinity to all individuals granted access to the proposed daytime drop-in center or overnight shelter including, but not limited to:

(a) Respect the rights of property owners to restrict access to areas of their property that are not open to the public;

(b) Use operator-suggested routes of travel to access the daytime drop-in center or overnight shelter;

(c) Maintain the site aesthetics;

(d) Respect state law restrictions on smoking and use designated smoking areas where provided;

(e) Comply with city of Puyallup regulations governing public conduct (including but not limited to the prohibition on public camping, loitering, trespassing, panhandling, etc.); and

(f) Comply with terms of good neighbor agreement provisions that apply to occupants of the daytime drop-in center or overnight shelter use.

(5) A safety and security plan describing measures that the operator will employ to promote the safety of drop-in center or shelter occupants and surrounding residents and businesses, including but not limited to:

(a) Criteria for rejection or removal of an individual seeking access to the proposed daytime drop-in center or overnight shelter;

(b) A plan for deployment (including time, place and manner) of security patrols;

(c) A plan to address disruptive behavior within a daytime drop-in center or overnight shelter and in the area that infringes on the safety of occupants or employees of the use, and a description of the consequences for engaging in disruptive behavior;

(d) A plan for managing loitering, panhandling, and unpermitted camping in the area of the daytime drop-in center or overnight shelter;

(e) Identification of site-specific magnet areas (e.g., greenbelts, parks, libraries, transit facilities, etc.) and a plan to address behavior that is inconsistent with the code of conduct and Puyallup City Code;

(f) Implementation of registered sex offender background checks and compliance with applicable registration and notification requirements;

(g) A plan for managing individuals excluded from accessing the proposed daytime drop-in center or overnight shelter;

(h) A plan for coordination between the operator, city of Puyallup police, Central Pierce fire and rescue and any private security forces employed by surrounding property and business owners;

(i) A plan for coordination and communication between the operator, Puyallup police, and other local and regional law enforcement agencies to ensure timely information sharing between agencies;

(j) A plan for coordination with state and local law enforcement to ensure compliance with conditions of parole, probation, or community custody, including but not limited to any residency restrictions;

(k) Provision of a phone number and point of contact at the site of the proposed daytime drop-in center or overnight shelter for the community to report concerns;

(l) A plan for addressing reported concerns and documenting resolutions, and making this information publicly available; and

(m) Identification of performance metrics that will be used to track compliance with the safety and security plan.

(n) The Puyallup police department shall specifically review the safety and security plan as submitted by the applicant. The police will also review site information related to “CPTED” (Crime Prevention Through Environmental Design) factors, as required in PMC 20.72.050(1). Any police department comments on said safety and security plan shall become part of the record and shall be provided to the decision makers for the conditional use permit or development agreement public hearing. (Ord. 3195 § 2, 2019; Ord. 3179 § 2, 2018).

20.72.070 Good neighbor agreement.

In addition to the submittal requirements specified in PMC 20.72.060, any proposal under this section shall be subject to the following good neighbor agreement advisory committee process and resultant good neighbor agreement.

(1) Purpose. The purpose of a GNA advisory committee formed under the terms of this section is to foster communication between the community and daytime drop-in center or overnight shelter operators by:

(a) Dedicating the time necessary to represent community, neighborhood and citywide interests in the daytime drop-in center or overnight shelter approval process;

(b) Ensuring that issues of importance are identified early in the daytime drop-in center or overnight shelter approval process while there is still time to address design issues while minimizing cost implications;

(c) Considering the neighborhood and land uses within which the daytime drop-in center or overnight shelter is proposed;

(d) Helping guide daytime drop-in center or overnight shelter design to ensure that specific neighborhood conditions are considered and design is context sensitive by engaging in ongoing dialogue with the operator and the city during permit review; and

(e) Ensuring the GNA advisory committee participation is streamlined and effectively integrated into the daytime drop-in center or overnight shelter permit process to avoid delays that jeopardize funding or place people experiencing homelessness at risk.

(2) GNA Membership. Following submittal of a valid conditional use permit or development agreement application, the director shall constitute a staff support team and GNA advisory committee:

(a) Staff Support Team to Work with the GNA Advisory Committee. The director shall consult with department heads in relevant city departments to identify staff that will represent the city on the GNA advisory committee in a neutral manner (free of self-interest). One city staff person will act as a neutral facilitator for the GNA advisory committee. Other city representatives shall represent other applicable interests (e.g., police, land use).

(b) Member Composition. It is the responsibility of the director to constitute the GNA advisory committee in a timely manner upon submittal of a valid application. Membership should be composed of individuals meeting the below-described locational or subject matter expertise requirements. A single individual may be identified to represent more than one of the roles requiring subject matter expertise.

(i) Up to a maximum total of three residents that live within the city of Puyallup who reside within one-quarter mile of the proposed daytime drop-in center or overnight shelter who will represent residents in the vicinity. Participation priority should be given to those residents living in closest proximity to the proposed daytime drop-in center or overnight shelter.

(ii) If school-age children are expected to be served by the daytime drop-in center or overnight shelter, a representative of the Puyallup School District shall be invited to participate on the GNA advisory committee to represent the K-12 student perspective.

(iii) Up to two representatives from businesses located within one-quarter mile of the proposed daytime drop-in center or overnight shelter who will represent business interests in the vicinity. Participation priority should be given to those representatives of businesses located in closest proximity to the proposed daytime drop-in center or overnight shelter.

(iv) One representative of the proposed daytime drop-in center or overnight shelter operator.

(v) One representative of the agencies or organizations identified as a provider (providing support services) for the proposed daytime drop-in center or overnight shelter.

(vi) Up to one representative of the population of individuals who has experienced homelessness in the past, or is currently experiencing homelessness, and is willing to serve on the GNA advisory committee.

(vii) Up to one representative of the human service community with a background in the provision of human services in Pierce County.

(c) Member Commitment. Members of the GNA advisory committee are expected to:

(i) Be reliable and available to attend meetings of the GNA advisory committee;

(ii) Bring subject matter expertise regarding issues related to homelessness or unique knowledge of a proposed site to help inform the committee’s work;

(iii) Accept different perspectives and ideas, and be willing to learn and share rather than just advocate for a position;

(iv) Steer conflict toward positive and creative results;

(v) Contribute to completion of the GNA advisory committee scope of work described in this section; and

(vi) Understand that consensus is not required, and that failure of the group to reach agreement will not be grounds for denial of a permit application.

(3) Scope of GNA Advisory Committee Work. The scope of work for the GNA advisory committee is intended to support the GNA advisory committee purpose described in this section. The GNA advisory committee is advisory to the decision maker for the development agreement or conditional use permit processes identified for a specific daytime drop-in center or overnight shelter, and its scope includes:

(a) Becoming informed on the proposed daytime drop-in center or overnight shelter standard operating procedures and project design;

(b) Participating in context setting to describe the community within which the daytime drop-in center or overnight shelter is proposed to be located;

(c) Providing early and ongoing advice to the daytime drop-in center or overnight shelter operator on how to incorporate appropriate design into the proposed project;

(d) Providing advisory guidance to permit decision makers as described in more detail below regarding daytime drop-in center design and operational concerns prior to any recommendation from the director on a development agreement or conditional use permit proposal;

(e) Collaborating with the operator to establish a plan for communications, and engagement in any ongoing communication between the operator and neighbors after the use is established, constructed and operational; and

(f) Collaborating with the operator to consider and evaluate metrics for success of the shelter operations, including security, sanitation, and transitioning shelter clients out of homelessness.

(4) Involvement Process – Timing, Focus of Involvement, and Work Product.

(a) Process Summary. The GNA advisory committee process is intended to be aligned with the daytime drop-in center or overnight shelter permit process to optimize process efficiency and funding predictability.

(b) Timing of GNA Advisory Committee Involvement.

(i) The GNA advisory committee process should occur early in the process to avoid delays that jeopardize participation in funding cycles, require shelters to operate under emergency declarations or place homeless individuals at risk.

(ii) The actual timing of GNA advisory committee review and participation will be scheduled by the facilitator to ensure that GNA advisory committee input is consolidated into the applicable city application review and recommendation process, and provided to the decision makers for the respective permit public hearing.

(iii) The GNA advisory committee will be dissolved once its scope of work has been completed.

(c) Work Product. The work of the GNA Advisory Committee review phase shall culminate in an advisory document or good neighbor agreement that describes the GNA advisory committee feedback consistent with the scope of work described in this section. City staff will support the GNA advisory committee preparation of this work product. (Ord. 3195 § 2, 2019; Ord. 3179 § 2, 2018).

20.72.080 Review procedures.

(1) Decision Criteria Applicable to Development Agreements and Conditional Use Permits for a Daytime Drop-In Center or Overnight Shelter. The city may approve or approve with modifications a development agreement or conditional use permit application for a daytime drop-in center or overnight shelter if the applicant demonstrates that:

(a) A conditional use permit proposal complies with the criteria of Chapter 20.80 PMC;

(b) The proposal complies with other applicable requirements of the Puyallup Municipal Code;

(c) The proposal includes a standard operating procedure plan meeting the requirements of this chapter;

(d) The proposal includes a code of conduct meeting the requirements of this chapter;

(e) The proposal includes a safety and security plan meeting the requirements of this chapter and incorporating the feedback provided by the Puyallup police department;

(f) The input of the GNA advisory committee developed pursuant to this chapter has been integrated into the daytime drop-in center or overnight shelter proposal, to the maximum extent feasible; and

(g) The proposal addresses all applicable design guidelines and development standards of this chapter and any other applicable zone district standards in a manner which fulfills their purpose and intent.

(2) Minimum required notice and public engagement procedures for daytime drop-in center or overnight shelter shall specifically include the following:

(a) Notice of the informational neighborhood meeting shall be provided pursuant to this section and prospective members of the GNA advisory committee shall be invited to attend;

(b) Notice of application for a conditional use permit or development agreement to establish a daytime drop-in center or overnight shelter shall occur pursuant to established city procedures;

(c) Hearing examiner and city council public hearings on the conditional use permit or development agreement request, respectively, shall be noticed pursuant to established city procedures.

(3) Mitigation Measures. The city may impose conditions relating to the development, design, use, or operation of a daytime drop-in center or overnight shelter to mitigate environmental, public safety, or other identifiable impacts.

(4) Public Hearing and Appeals.

(a) Development Agreements. Public hearings on development agreements applied for to establish a daytime drop-in center or overnight shelter shall be held by the city council pursuant to Chapter 36.70B RCW, Chapter 1.15 PMC and adopted city council rules of procedure.

(b) Conditional Use Permits. Public hearings on conditional use permits applied for to establish a daytime drop-in center or overnight shelter shall be held by the hearing examiner pursuant to Chapter 20.80 PMC and other applicable city procedures. Any appeals of hearing examiner decisions pursuant to this section shall be heard by the appellate hearing examiner.

(5) Modifications to an Approved Daytime Drop-In Center or Overnight Shelter. Conditions of approval for a daytime drop-in center or overnight shelter apply for the life of the project. Any proposed minor additions or modifications to an approved daytime drop-in center or overnight shelter which conform to PMC 20.80.031 may be processed administratively, whether originally approved via conditional use permit or development agreement. Any more substantive modifications to an approved daytime drop-in center or overnight shelter shall be processed as a new conditional use permit or development agreement, as applicable.

(6) Revocation of an Approved Conditional Use Permit. Upon cause shown, the hearing examiner may revoke a conditional use permit approved under this section pursuant to the terms of PMC 20.80.040 or based upon a finding that the permitted facility is not compliant with applicable conditions or is otherwise injurious to the public health, safety or welfare.

(7) Abandonment. Any established daytime drop-in center or overnight shelter established under this section that is abandoned for a continuous period of one year or more shall not be permitted to be reestablished, except as allowed in accordance with the standards and requirements for a new or expanding use in this section. (Ord. 3195 § 2, 2019; Ord. 3179 § 2, 2018).