HB3395 Emergency Shelter Siting Application

Oreopmn

"Super Siting" – House Bill 3395

A new state law adopted by the Oregon Legislature (HB 3395) requires the approval of an application for an Emergency Shelter regardless of state or local land use laws as long as the application complies with the approval criteria in the new state law. In other words, the City of Oregon City cannot deny an application to develop an Emergency Shelter if the application complies with the new state law, even if, under other circumstances, the City’s land use code would prohibit the Emergency Shelter at that location.

Background

In June 2020, the Oregon State Legislature adopted HB 4212 to remove land use barriers that might otherwise prevent emergency shelters from locating on certain sites. HB 4212 was followed by the passage of HB 2006 in May of 2021 continuing to allow local governments and certain non-profit organizations to develop emergency shelters in available buildings and/or on open sites without the need for any land use approvals (such as an application for a zone change or a conditional use permit) for the underlying property. Subsequently, these two house bills were followed by HB 3395, which memorialized the tenants of the previous bills and eliminated a sunset date that required applications to be submitted by a certain date. As such, Emergency Shelter Siting applications will be received and reviewed on a continual basis.

What is “Super Siting”?

“Super Siting” is a shorthand term for the application and approval process for Emergency Shelters required by the new state law. Super Siting means that Emergency Shelters that meet the requirements of the new state law do not have to comply with state and local land use laws.  It does not matter whether Oregon City's land-use code currently allows homeless shelters in commercial or residential zones. An Emergency Shelter that qualifies for Super Siting can be developed on property in any residential or commercial zone. HB 2006 authorizes “super siting” of qualified emergency shelters. “Super siting” provides a shorter process for qualified projects and does not include typical state or local land use requirements.

What is considered an Emergency Shelter that is eligible for Super Siting?

The new state law defines “Emergency Shelter” as a use that provides shelter on a temporary basis for individuals and families who lack permanent housing. The new state law requires the City to approve an Emergency Shelter for operation on any property if the Emergency Shelter can meet the following requirements:

• Includes sleeping and restroom facilities 
• Complies with applicable building codes 
• Is located within an urban growth boundary or in a rural residential zone 
• Will not result in a new building that is sited within an area designated under a statewide land use planning goal relating to natural disasters and hazards (e.g. flood plains or mapped environmental health hazards) unless the development complies with regulations directly related to the hazard 
• Has adequate transportation access to commercial and medical services
• Will not pose any unreasonable risk to public health or safety

Who must operate an Emergency Shelter?

The emergency shelter must be operated by:

• A local government, or
• An organization with at least two years’ experience operating an emergency shelter using best practices that is:
• A housing authority
• A religious corporation, 
• A public benefit corporation whose charitable purpose includes the support of homeless individuals and that has been recognized as exempt from income tax under section 501(a) of the Internal Revenue Code on or before January 1, 2017, or 
• A nonprofit corporation partnering with any of those entities.

 Does the City have to approve all Emergency Shelter Super Siting Applications?

The new state law requires the City to approve a Super Siting application for an Emergency Shelter as long as the application complies with the approval criteria in the new state law.

The approval of shelter siting under these statutory requirements is not a land use decision and it removes state requirements for a mailed notice, public hearing, or solicitation of public comment on an application. Local governments are obligated to approve applications for shelters that meet specific criteria. Decisions under HB 3395 may not be appealed to the Planning Commission, City Commission, or the Land Use Board of Appeals but may be appealed using the writ of review process provided under ORS 34.010 - 34.100.

To apply for shelter site approval, please use the application form provided on this page and submit it to the Community Development Department via the Online Application Portal. You may also bring in the completed application and submit it at our offices at 695 Warner Parrott Road. A checklist is provided at the rear of the form.

Please contact the Community Development Department with any questions by emailing the Planning Division or calling 503-722-3789.