Staff warns state bills could shift permitting for shelters and permanent supportive housing to administrative process

Community Development Director Debbie Bent briefed the Kenmore City Council on pending state legislation — referenced in the meeting as House Bill 11 95 and Senate Bill 54 97 — that would require administrative permitting for ‘step housing’ types (shelters, emergency housing, transitional housing and permanent supportive housing) and give the Washington Department of Commerce authority to resolve disputes and enforce compliance.

Bent said the city currently allows administrative approval for many of these housing types except where a development agreement or variance would be required. She said the council’s 2025 work program already includes a step-housing item: staff proposed forming a limited-term advisory committee to recommend potential code amendments to align with the state law and Commerce guidance. Bent identified open questions the council will need to consider if the legislation becomes final, particularly whether development agreements and other non-administrative pathways for deviations would remain available.

Councilmembers asked about the timeline and possible impacts on public engagement. Staff noted the bill had previously moved in the Legislature and that committee deadlines are approaching; the precise calendar is subject to the legislative schedule and any amendments. Councilmembers expressed concern about whether the bills would limit opportunities for public hearings and council review when a project seeks a deviation from code; staff and council attorneys will analyze that question further if the bills advance.

Bent characterized the staff item as informational and said staff will return with more details if the legislation clears policy and fiscal committees.