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HomeMy WebLinkAbout08 1213 21 Repealing and Replacing Interim Ordinance 10-1221-20; Establishment, and Operation of Temporary Homeless Facilities CC ' p . (a.of COUNTY OF JEFFERSON STATE OF WASHINGTON An Interim Ordinance Repealing and Replacing } Interim Ordinance 10-1221-20 on Its Date of } Expiration,December 20,2021,and Adopting } Ordinance 08-1213-21 Interim Zoning } ORDINANCE NO.08-1213-21 Regulations for the Siting,Establishment,and } Operation of Temporary Homeless Facilities } in Unincorporated Areas of Jefferson County } WHEREAS,homelessness continues to be a local,regional and national challenge due tomany social and economic factors; and WHEREAS, tent and tiny house encampments have become a temporary mechanism for providing shelter for homeless individuals and families; and WHEREAS,under RCW 36.01.290 the Washington State Legislature has authorized religious organizations to host temporary encampments to provide shelter for homeless individuals on property that these religious organizations own or control; and WHEREAS, the Jefferson County Code does not currently have permanent provisions addressing the establishment and operation of temporary homeless facilities; and WHEREAS,the Washington State Department of Health has confirmed localized person-to- person spread of COVID-19 in Washington State, significantly increasing the risk of exposure and infection to the general public, and creating an extreme public health risk that may spread quickly; and WHEREAS,the Jefferson County Public Health Department has confirmed localized person- to-person spread of COVID-19 in Jefferson County-and this localized person-to-person spread of COVID-19 in Jefferson County is increasing; and WHEREAS, based on the COVID-19 threat profile, providing shelter to the homeless population would help to prevent the spread of COVID-19; and WHEREAS, because of the COVID-19 emergency adoption of interim temporary homeless facilities regulations and processing requirements to preserve and protect public health and safety and prevent danger to public or private property would help to prevent the spread of COVID-19; and WHEREAS, interim zoning controls enacted under RCW 36.70A.390 or RCW 36.70.790 are methods by which the County may preserve the status quo so that new plans and regulations will not be rendered moot by intervening development; and WHEREAS, RCW 36.70A.390 and RCW 36.70.790 both authorize the enactment of an interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing as long as a public hearing is held within at least sixty days of enactment; and WHEREAS, RCW 36.70A.390 provides that, "A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding Page 1 of 10 a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period.A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal;" and WHEREAS,in conformity with the responsibilities of Jefferson County to meet public health, safety and welfare requirements and provide zoning and land use regulations pursuant to state law, and the County's authority to regulate land use activity within its corporate limits, the County intends to develop appropriate public health, safety and welfare requirements and zoning and land use regulations for the establishment and operation of temporary homeless facilities; and WHEREAS,the County Board of Commissioners has determined it needs additional time to conduct appropriate research to analyze the effects of the establishment and operation of temporary homeless facilities; and WHEREAS,interim zoning will provide the County with additional time to review and amend its public health, safety and welfare requirements and zoning and land use regulations related to the establishment and operation of temporary homeless facilities; and WHEREAS, interim zoning will also allow qualifying religious organizations and registered not-for-profit, tax exempt 501(c)(3) organizations the opportunity to establish and operate temporary homeless facilities; and WHEREAS, the County Board of Commissioners concludes that the County does have the authority to establish an interim zoning ordinance and that the County must adopt interim zoning concerning the establishment and operation of temporary homeless facilities to act as a stop-gap measure: (1) to provide the County with an opportunity to study the issues concerning the establishment and operation of temporary homeless facilities and prepare appropriate revisions to the County's codes and regulations;(2)to protect the health, safety, and welfare of the citizens of Jefferson County by avoiding and ameliorating negative impacts and unintended consequences of establishing and operating temporary homeless facilities and, (3) to avoid applicants possibly establishing vested rights contrary to and inconsistent with any revisions the County may make to its rules and regulations as a result of the County's study of this matter; and WHEREAS,on November 1, 2021,the Department of Community Development updated the County Board of Commissioners on the progress of the work plan outlined in Section 13 of Interim Ordinance No. 10-1221-20, and the Board considered the benefits of extending public participation while formulating a final ordinance; and WHEREAS, the County Board of Commissioners directed the Department of Community Development to extend the interim control for an additional six months after Ordinance No. 10-1221- 20 expires on December 20, 2021, in order to extend the Work Plan to June 20, 2022, by enacting a subsequent interim ordinance; and Page 2 of 10 WHEREAS,the County Board of Commissioners adopts the foregoing as its findings of facts justifying the adoption of this Ordinance; and NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of Commissioners that: Section 1. Findings of Fact. The County Board of Commissioners adopts the above "WHEREAS" recitals as findings of fact in support of its action as required by RCW 36.70A.390 and RCW 36.70.790. Section 2. Regulations established. Regulations concerning the establishment and processing of applications for temporary homeless facilities in unincorporated Jefferson County are hereby established pursuant to RCW 36.70A.390, RCW 36.70.790, and RCW 38.52.070(2). Establishing such facilities contrary to the provisions of this ordinance is prohibited. Type II Administrative Use approvals shall be required in accordance with Jefferson County Code (JCC) 18.40.270 for temporary homeless facilities in the County. Applications for administrative use approvals, land use approvals, or any other permit or approval, in any way associated with temporary homeless facilities, shall not be processed, issued, granted, or approved unless in compliance with this ordinance. If a temporary homeless facility is established in violation of this ordinance or if,after an administrative use permit is issued for the same, the director of the planning and development services department determines that the permit holder has violated this ordinance or any condition of the permit, the temporary homeless facility, its sponsor and managing agency shall be subjectto code enforcement and all activities associated with the temporary homeless facility shall cease,and the site shall be vacated and restored to its pre-encampment conditions. Section 3. Definitions. The following definitions apply to temporary homeless facilities: (a) "Temporary homeless facility"means a facility providing temporary housing accommodations that includes a sponsor and managing agency, the primary purpose of which is to provide temporary shelter for people experiencing homelessness in general or for specific populations ofthe homeless. Temporary homeless facilities include temporary tent encampments and temporary tiny house encampments. (b) "Temporary tent encampment" means a short-term living facility for a group of homeless people that is composed of tents or other temporary structures, as approved by the director, on a site provided or arranged for by a sponsor with services provided by a sponsor and supervised by a managing agency. (c) "Temporary tiny house encampment" means a temporary homeless facility for a group of people living in purpose-built tiny houses for people experiencing homelessness, as approved by the director, on a site provided or arranged for by a sponsor with services provided by a sponsor and supervised by a managing agency. Temporary tiny houses for the homeless are typically less than 200 square feet and easily constructed and moved to various locations. For the purposes of this ordinance,temporary tiny homes are not dwelling units and, as such, are not required to meet building codes. (d) "Managing agency" means an organization identified as the manager of a temporary homeless facility that has the capacity to organize and manage a temporary homeless facility. Managing agencies are limited to religious organizations and non-profit agencies. A "managing agency" may be the same Page 3 of 10 entity as the sponsor. (e) "Sponsor" means an organization that: (i) invites a temporary homeless facility to reside on land they own or lease; and (ii)is a State of Washington registered not-for-profit corporation and federally recognized tax exempt 501(c)(3) organization; or 3. is recognized by the Internal Revenue Service as exempt from federal income taxes as a religious organization, which expresses its religious mission, in part, by organizing living accommodations for the homeless. (f)"Director"means the Community Development Department Director. Section 4. Requirements. The following requirements shall apply to all temporary homeless facilities approved under this ordinance,unless modified by the director through approval of a Type II administrative use permit. (a) The encampment shall be located a minimum of 20 feet from the property line of abutting properties containing commercial, industrial, and multifamily residential uses. The encampment shall be located a minimum of 40 feet from the property line of abutting properties containing single-family residential or public recreational uses,unless the director finds that a reduced bufferwidth will provide adequate separation between the encampment and adjoining uses, due to changes in elevation, intervening buildings or other physical characteristics of the site of the encampment. (b)No temporary homeless facility shall be located within a critical area or its buffer as defined by Chapter 18.22 JCC. (c) A temporary homeless facility shall comply with the applicable development standards of Title JCC, except that temporary homeless facilities shall not be considered structures for the purposesof calculating parcel's total lot coverage. (d)A six-foot-tall fence is required around the perimeter of the encampment to limit access-to the site for safety and security reasons; provided, that the fencing does not create a sight obstruction at thestreet or street intersections or curbs as determined by the county engineer, unless the director determines that there is sufficient vegetation,topographic variation,or other site conditions such that fencing would not be needed. (e)Exterior lighting must be directed downward and glare contained within the temporaryencampment. (f)The maximum number of residents at a temporary encampment site shall be determined by the director taking into consideration site conditions, but in no case shall the number be greater than fifty(50)people. (g)On-site parking of the sponsor shall not be displaced unless sufficient required off-street parking remains available for the host's use to compensate for the loss of on- site parking or unless a sharedparking agreement is executed with adjacent properties. (h)A transportation plan, including provisions for transit, and pedestrian and bicycle ingress and egress to the encampment, shall be submitted for review and approval. (i) No children under the age of 18 are allowed to stay overnight in the temporary encampment, unless accompanied by a parent or guardian. If a child under the age of 18 without a parent or guardian present Page 4 of 10 attempts to stay at the encampment,the sponsor and the managing agency shall immediately contact Child Protective Services and shall actively endeavor to find alternative shelter for the child. (j) The sponsor or managing agency shall provide and enforce a written code of conduct, which not only provides for the health, safety and welfare of the temporary encampment residents, but also mitigates impacts to neighbors and the community.A copy of the code of conduct shall be submitted to the County at the time of application for the administrative use permit. Said code shall be incorporated into the conditions of approval. The managing agency shall post the County approved written code of conduct on site. (k)An operations plan must be provided that addresses site management, site maintenance, and provision of human and social services. Individuals or organizations shall have either a demonstrated experience providing similar services to homeless residents;and/or certification or academic credentials in an applicable human service field;and/or applicable experience in a related program with a homeless population. Should an individual or organization not have any of the preceding qualifications, additional prescriptive measures may be required to minimize risk to both residents of the temporary homeless facility and the community in general. (1) The sponsor and the managing agency shall ensure compliance with Washington State laws and regulations and the Jefferson County Health Department's regulations concerning, but not limited to, drinking water connections, solid waste disposal, and human waste. The sponsor and the managing agency shall permit inspections by local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period. (m) The sponsor and managing agency shall assure all applicable public health regulations, includingbut not limited to the following, will be met for: (i) Potable water,which shall be available at all times at the site; (ii) Sanitary portable toilets,which shall be set back from all property lines as determined by the director; (iii)Hand-washing stations by the toilets and food preparation areas; (iv) Food preparation or service tents; and (v) Refuse receptacles. (n) Public health regulations (including those in Chapter 246-215 WAC and Title 8 JCC) shall be followed to specifically include food handling and storage (including proper temperature control), and homeless encampment residents involved in food donations and storages shall be made aware of these Jefferson County Health Department requirements. (o) The sponsor and the managing agency shall designate points of contact and provide contact information (24-hour accessible phone contact) to the chief criminal deputy of the Jefferson County Sheriff or his/her designee. At least one designated point of contact shall be on duty at all times. The names of the on-duty points of contact shall be posted on-site daily and their contact information shall be provided to the Jefferson County Sheriff's Office as described above. (p) Facilities for dealing with trash shall be provided on-site throughout the encampment. A regular trash patrol in the immediate vicinity of the temporary encampment site shall be provided. Page 5 of 10 (q) The sponsor and the managing agency shall take all reasonable and legal steps to obtain verifiable identification information, to include full name and date of birth, from current and prospective encampment residents and use the identification to obtain sex offender and warrant checks from appropriate agencies. The sponsor and the managing agency shall keep a current log of names and dates of all people who stay overnight in the encampment. This log shall be available upon request to law enforcement agencies and prospective encampment residents shall be so advised by the sponsor and managing agency. (r) Persons who have active warrants, or who are required to register as sex offenders, are prohibited from the encampment's location. (s) The sponsor and the managing agency shall immediately contact the Jefferson County Sheriff's Office if someone is rejected or ejected from the encampment when the reason for rejection or ejection is an active warrant or a match on a sex offender check, or if, in the opinion of the on-duty point of contact or on-duty security staff, the rejected/ejected person is a potential threat to the community. (t) Tents over 300 square feet in size and canopies in excess of 400 square feet shall utilize flame retardant materials. (u) The sponsor, the managing agency and temporary encampment residents shall cooperate with other providers of shelters and services for homeless persons within the County and shall make inquirywith these providers regarding the availability of existing resources. (v)The sponsor and/or managing agency shall provide before-encampment photos of the host site with the application. Upon vacation of the temporary encampment, all temporary structures and debris shall be removed from the host site within one calendar week. (w) Upon cessation of the temporary encampment, the site shall be restored, as near as possible, to its original condition. Where deemed necessary by the director,the sponsor and/or managing agency shall re- plant areas in which vegetation had been removed or destroyed. Section 5.Frequency and duration -of temporary homeless facilities. (a) No more than a maximum of 50 people may be housed in each temporary homeless facility (encampment) located in the unincorporated County at any time. Multiple encampment locations may be permitted. (b)The director shall not grant a permit for the same site more than once in any calendar year;provided that director is not authorized to issue a permit for the same site sooner than 180 days from the date the site is vacated as provided for in Section 4 of this ordinance. (c) Temporary tent encampments may be approved for a period not to exceed 180 days. The director may grant two additional 180-day extensions, provided all conditions have been complied with and circumstances associated with the use have not changed. Extensions shall be subject to a Type II review process and may be appealed to the hearing examiner as provided in JCC 18.40.270. The permit shall specify a date by which the use shall be terminated and the site vacated and restored to its pre- encampment condition. (d) Temporary tiny house encampments may be approved for a period of between six months and up to one year, provided the sponsor and managing agency comply with all permit conditions. The director may Page 6 of 10 grant two or more extension(s) not to exceed two additional years,provided enablinglegislation allows so. Extensions are subject to a Type II review process in accordance with JCC 18.40.270 and may be appealed to the hearing examiner as provided in JCC 18.40.270.The permit shall specify a date by which the use shall be terminated and the site vacated and restored to its pre-encampment condition. Section 6.Permit required. Establishment of a temporary homeless facility shall require approvalof an administrative use permit, as described in this ordinance, and compliance with all other applicable County regulations. The director shall have authority to grant, grant with conditions or deny an application for an administrative use permit under this ordinance. Section 7. Application. Application for a Type II administrative use permit shall be made on forms provided by the County, and shall be accompanied by the following information; provided, that the director may waive any of these items, upon request by the applicant and finding that the item is not necessary to analyze the application. An application to establish a temporary homeless facility shall be signed by both the sponsor and the managing agency("applicant")and contain the following: (a)A site plan of the property,drawn to scale, showing existing natural features,existing and proposed grades, existing and proposed utility improvements, existing rights-of-way and improvements, and existing and proposed structures, tents and other improvements (including stormwater and erosion control, landscaping and fencing at the perimeter of the proposed encampment and the property and off-street parking); (b) A vicinity map, showing the location of the site in relation to nearby streets and properties; (c)A written summary of the proposal,responding to the standards and requirements of this ordinance; (d) The written code of conduct, operations plan and a transportation plan as required by this ordinance; (e) Statement of actions that the applicant will take to obtain verifiable identification from all encampment residents and to use the identification to obtain sex offender and warrant checks from appropriate agencies; (f)Project statistics, including site area, building coverage, number and location of tents and temporary structures, expected and maximum number of residents, and duration of the encampment; (g) Address and parcel number of the subject property; (h) Photographs of the site; (i) A list of other permits that are or may be required for development of the property (issued by the County or by other government agencies), insofar as they are known to the applicant; (j)Permit fees for temporary homeless facilities shall be in accordance with Title 18 JCC; and, (k) A list of any requirement under this ordinance for which the applicant is asking to modify. Section 8.Permit Procedures. (a) Notice. All temporary homeless facility applications shall be reviewed under a Type II process under Page 7of10 JCC 18.40.270, except that the final decision must be rendered within 60 days of a determination of completeness.Additionally, the notice of application shall contain proposed duration and operation of the temporary homeless facility, number of residents for the encampment, and contain a County website link to the proposed written code of conduct, operations plan and transportation plan for the facility. (b) Decision and Notice of Decision. Final action on permit applications made under this sectionshall be in accordance with Title 18 JCC. Before any such permit may be granted, the applicant shall demonstrate and the director shall find consistency with Jefferson County Code and the following: (i) The proposed use meets the requirements of this ordinance; and, (ii) Measures, including the requirements herein and as identified by the director, have been taken to minimize the possible adverse impacts which the proposed encampment may have on the area in which it is located.It is acknowledged that not all impacts can be eliminated,however the risk of significant impacts can be reduced to a temporary and acceptable level as the duration of the encampment will be limited. A notice of the decision shall be provided in accordance with Title 18 JCC. (c) Conditions. Because each temporary encampment has unique characteristics, including, but not limited to, size, duration, uses, number of occupants and composition,the director shall have the authority to impose conditions on the approval of an administrative use permit to ensure that the proposal meets the criteria for approval listed above. Conditions, if imposed, must be intended toprotect public health, life and safety and minimize nuisance-generating features such as noise, was te,g air quality, unsightliness, traffic, physical hazards and other similar impacts that the temporary encampment may have on the area in which it is located. In cases where the application for an administrative use permit does not meet the provisions of this ordinance (except when allowed under subsection(d)of this section)or adequate mitigation may not be feasible or possible, the director shall deny the application. (d)Modification of Requirements. The director may approve an administrative use permit for a temporary encampment that relaxes one or more of the standards in this ordinance only when, in addition to satisfying the decision criteria stated above, the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe encampment with minimal negative impacts to the host community under the specific circumstances of the application. In considering whether the modification should be granted, the director shall first consider the effects on the health and safety of encampment residents and the neighboring communities. Modifications shall not be granted if their adverse impacts on encampment residents and/or neighboring communities will be greater than those without modification. The burden of proof shall be on the applicant. Section 9. Appeal. The director's decision may be appealed to the hearing examiner as provided in Title li JCC. Section 10. Revocation. The director shall also have the authority to revoke an approved administrative use permit, pursuant to Title li JCC at any time a sponsor or managing agency has failed to comply with the applicable provisions of this ordinance or permit. Section 11. Purpose. The purpose of this interim ordinance is to allow and establish a review process for the location,siting,and operation of temporary homeless facilities within the unincorporated County. While the interim ordinance is in effect, the County will study the land use and other impacts associated with temporary homeless facilities, draft final zoning and regulations to address such uses, hold public hearings on such draft regulations, and adopt such regulations. Page of 10 Section 12. Duration of Interim Ordinance. Unless subsequently extended by the County Board of Commissioners pursuant to state law, this interim Ordinance shall remain in effect for up to six months, continuing from the expiration date of Ordinance 10-1221-20,December 20,2021,and ending no later than June 20,2022,as provided in the Work Plan adopted in Section 13. Section 13.Work Plan.During the interim ordinance period,County staff will study the issues and facilitate a participatory planning process concerning the establishment and operation of temporary homeless facilities as set forth below. Subject Matter Experts—Step 1 Staff will meet with subject matter experts(SME)either individually or in focus groups whose expertise in healthcare including mental health,geriatrics,substance use,and law shall be incorporated in a revised draft ordinance. Revisions recommended by these SMEs shall be incorporated into the County's draft ordinance on or before March 1, 2022. Community Participation—Step 2 This newly revised draft ordinance shall then be subject to a public process including but not limited to the state-mandated State Environmental Policy Act (SEPA) non-project review. The public review process shall include a public hearing before the County's Planning Commission on or before April 6,2022, and a public hearing before County Board of Commissioners on or before June 13, 2022,in accordance with the public participation process required for amendments to the County's development regulations. Section 14. Conflict with other Jefferson County Code Provisions. If the provisions of this Ordinance are found to be inconsistent with other provisions of the Jefferson County Code,this Ordinance shall control. Section 15. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction,such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other sentence, clause orphrase in this Ordinance. Section 16.Effective Date.This ordinance is effective December 20, 2021, upon the expiration of Interim Ordinance No. 10-1221-20. (SIGNATURES FOLLOW ON NEXT PAGE) Page 9of10 ADOPTED this 13t1 day of December 2021, at /1 : Z5 A.M. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS SEAL: Kate D n, hair reg Brotherton, Member ATTEST: rIfizt\t" eidi senhour, Member APPROVED AS TO FORM OVf6( �%1 I z/4,3/2/ cCarolynway, Date PhilipC. Hunsucker, cker, D to Clerk of the Board Chief Civil Deputy Prosecuting Attorney Page 10 of 10 JEFFERSON COUNTY BOARD OF COUNTY C OMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator FROM: Brent Alfred Butler, Director, Department of Community Development Joel Peterson, Associate Planner, AICP DATE: December 13, 2021 SUBJECT: Public Hearing for Continuation of Emergency Ordinance Setting Forth Regulations Concerning the Establishment and Processing of Applications for Temporary Homeless Facilities in Unincorporated Jefferson County. STATEMENT OF ISSUE: The 2018 Jefferson County Comprehensive Plan recognized the need to adopt regulations concerning the establishment of temporary homeless facilities in unincorporated Jefferson County. This need isimmediate and urgent, especially considering the onset of winter and the increased transmissibility of COVID-19 during this time. Accordingly,the Jefferson County Board of Commissioners adopted Interim Ordinance No. 10-1221-20 on December 21, 2020, setting forth interim regulations. The work plan adopted with the emergency ordinance anticipated completing a final ordinance by December 20, 2021. With DCD staff recognizing the need for additional outreach that was not envisioned in the original work plan, the Board of County Commissioners directed Community Development to draft a six-month extension to the work plan on November 1, 2021 and to facilitate the process of extending the interim control for an additional six months, ending June 20, 2022. Updated Work Plan and Schedule is attached as Exhibit A. ANALYSIS: The interim regulations in Ordinance No. 10-1221-20 would be continued under a new interim ordinance, while staff continues to work on a final ordinance to be codified in Title 18 JCC, the Unified Development Code. The Jefferson County Board of Commissioners has held discussions regarding code amendments and projects to help people who are experiencing homelessness. Based on staff reviews of other jurisdictions that have dealt with the same issues, the best course of action is to adopt an emergency ordinance that allows for the establishment of temporary homeless facilities to be permitted and built in selected locations in unincorporated Jefferson County. The regulations include site development as well as operational oversight requirements. The draft interim emergency ordinance is attached to this Agenda Request as Exhibit B (Emergency Ordinance). Current county zoning and building codes do not allow for the building and operation of temporary housing facilities including the construction of wooden tents or tiny homes. State law, however, at RCW 36.01.290, authorizes religious organizations to host temporary tent encampments to provideshelter for homeless individuals on properties these religious organizations own. The adoption of the Emergency Ordinance is allowed by state law. The rationale behind this approach for Jefferson County is that it will allow for those religious or qualified private, non- profit organizations that may wish to manage such temporary homeless encampments to now legally do so. Adoption of the Emergency Ordinance must be followed by a public hearing within 60 days of adoption. At the public hearing, the Board may deliberate modifying the ordinance in consideration of the public input and, if necessary, amend the interim regulations in th e e Emergency Ordinance. The new Emergency Ordinance would be in effect on the December 20, 2021 expiration of Ordinance No. 10-1221-20, and last for an additional six months to June 20, 2022, if confirmed at the required hearing on December 13, 2021. FISCAL IMPACT: Work associated with the drafting of the Emergency Ordinance is funded entirely by the County's general fund. Any subsequent permitting activity carried out under the Emergency Ordinance would be funded by the requisite permit fees. RECOMMENDATION: Receive public comments and adopt an updated Interim Ordinance. REVIEWED BY: Mark McCaule , nterim County Administrator Date Exhibit A. Work Plan: Temporary Homeless Facilities/Temporary Shelter Facilities Ordinance Subject: BoCC Approval of Extending the Temporary Housing Interim Ordinance for additional 6-months from December 20, 2021 to June 20, 2022. Process: 1. New Interim Ordinance for Board Approval 2. BoCC Public Hearing and approval for Interim Ordinance December 13, 2021 Current project schedule to be revised (see Gantt Chart) • BoCC hearing and new interim ordinance approval December 13, 2021 • BoCC adoption of final ordinance June, 2022 EXTENDED WORK PLAN 1. Extend Public Outreach in Participatory Planning Framework a. Outreach to people experiencing homelessness for better understanding of issues b. Understanding varieties of shelter situations that are needed to serve various individual needs c. Outreach to service providers and regulatory agencies 2. Site Planning Analyses a. limitations on number of people served b. Setback Requirements c. Parking Requirements d. Temporary Sheltering Options—single family&safe parking for unsheltered 3. Permit renewability Question 4. Understanding Requirements for Food Handling and Options 5. Other Analysis Needed a. Organizations involved b. Scope of need and changes for Ordinance 6. Perfect the SEPA Analysis&Staff Report after Outreach 7. Recommendations from PC 8. Develop New Hearing and Adoption Timeframes Exhibit A. Work Plan: Temporary Homeless Facilities/Temporary Shelter Facilities Ordinance Exhibit A Oct.2021 Nov.2021 Dec.2021 Jan.2022 Fe b.2022 Mar.2022 Apr.2022 May 2022 Jun.2022 Task 1 Analysis 1.1 Land Use 1.2 Building Code ;p°t,e 1,1Mi, , Task 2 Draft Ordinance Task 3 SEPA Review �r aa Checklist Legal Review Feb Staff Report/SEPA Packet Task 4 Public Notice J tl� �x Feb 4P @$ Task 5 Public Review Process 1119riit Jan i9 ka:Feb Outreach y. �.i1 ,.° n Feb i♦i t"c. ar r. . PC Public Hearing Feb Mir `�e •K: '`' Task 6 BoCC Hearing PC Recommendations to BoCC q.r Bocc Deliberation Task 7 Final Ordinance Adoption Benchmark Task Elapsed Time nn,,fly m Old benchmarks 40 Exhibit B COUNTY OF JEFFERSON STATE OF WASHINGTON An Interim Ordinance Repealing and Replacing } Interim Ordinance 10-1221-20 on Its Date of } Expiration,December 20, 2021, and Adopting } Ordinance XXXXXXX Interim Zoning } ORDINANCE NO. Regulations for the Siting,Establishment, and } Operation of Temporary Homeless Facilities } in Unincorporated Areas of Jefferson County } WHEREAS,homelessness continues to be a local,regional and national challenge due to many social and economic factors; and WHEREAS, tent and tiny house encampments have become a temporary mechanism for providing shelter for homeless individuals and families; and WHEREAS,under RCW 36.01.290 the Washington State Legislature has authorized religious organizations to host temporary encampments to provide shelter for homeless individuals on property that these religious organizations own or control; and WHEREAS, the Jefferson County Code does not currently have permanent provisions addressing the establishment and operation of temporary homeless facilities; and WHEREAS,the Washington State Department of Health has confirmed localized person-to- person spread of COVID-19 in Washington State, significantly increasing the risk of exposure and infection to the general public, and creating an extreme public health risk that may spread quickly; and WHEREAS,the Jefferson County Public Health Department has confirmed localized person- to-person spread of COVID-19 in Jefferson County-and this localized person-to-person spread of COVID-19 in Jefferson County is increasing; and WHEREAS, based on the COVID-19 threat profile, providing shelter to the homeless population would help to prevent the spread of COVID-19; and WHEREAS, because of the COVID-19 emergency adoption of interim temporary homeless facilities regulations and processing requirements to preserve and protect public health and safety and prevent danger to public or private property would help to prevent the spread of COVID-19; and WHEREAS, interim zoning controls enacted under RCW 36.70A.390 or RCW 36.70.790 are methods by which the County may preserve the status quo so that new plans and regulations will not be rendered moot by intervening development; and WHEREAS, RCW 36.70A.390 and RCW 36.70.790 both authorize the enactment of an interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing as long as a public hearing is held within at least sixty days of enactment; and WHEREAS,RCW 36.70A.390 provides that, "A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding Pagel of 10 Exhibit B a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period.A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal;" and WHEREAS,in conformity with the responsibilities of Jefferson County to meet public health, safety and welfare requirements and provide zoning and land use regulations pursuant to state law, and the County's authority to regulate land use activity within its corporate limits, the County intends to develop appropriate public health,safety and welfare requirements and zoning and land use regulations for the establishment and operation of temporary homeless facilities; and WHEREAS, the County Board of Commissioners has determined it needs additional time to conduct appropriate research to analyze the effects of the establishment and operation of temporary homeless facilities; and WHEREAS, interim zoning will provide the County with additional time to review and amend its public health, safety and welfare requirements and zoning and land use regulations related to the establishment and operation of temporary homeless facilities; and WHEREAS, interim zoning will also allow qualifying religious organizations and registered not-for-profit, tax exempt 501(c)(3) organizations the opportunity to establish and operate temporary homeless facilities; and WHEREAS, the County Board of Commissioners concludes that the County does have the authority to establish an interim zoning ordinance and that the County must adopt interim zoning concerning the establishment and operation of temporary homeless facilities to act as a stop-gap measure: (1) to provide the County with an opportunity to study the issues concerning the establishment and operation of temporary homeless facilities and prepare appropriate revisions to the County's codes and regulations; (2)to protect the health, safety,and welfare of the citizens of Jefferson County by avoiding and ameliorating negative impacts and unintended consequences of establishing and operating temporary homeless facilities and, (3) to avoid applicants possibly establishing vested rights contrary to and inconsistent with any revisions the County may make to its rules and regulations as a result of the County's study of this matter; and WHEREAS, on November 1, 2021,the Department of Community Development updated the County Board of Commissioners on the progress of the work plan outlined in Section 13 of Interim Ordinance No. 10-1221-20, and the Board considered the benefits of extending public participation while formulating a final ordinance; and WHEREAS, the County Board of Commissioners directed the Department of Community Development to extend the interim control for an additional six months after Ordinance No. 10-1221- 20 expires on December 20, 2021, in order to extend the Work Plan to June 20, 2022, by enacting a subsequent interim ordinance; and Page 2 of 10 Exhibit B WHEREAS,the County Board of Commissioners adopts the foregoing as its findings of facts justifying the adoption of this Ordinance; and NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of Commissioners that: Section 1. Findings of Fact. The County Board of Commissioners adopts the above "WHEREAS" recitals as findings of fact in support of its action as required by RCW 36.70A.390 and RCW 36.70.790. Section 2. Regulations established. Regulations concerning the establishment and processing of applications for temporary homeless facilities in unincorporated Jefferson County are hereby established pursuant to RCW 36.70A.390, RCW 36.70.790, and RCW 38.52.070(2). Establishing such facilities contrary to the provisions of this ordinance is prohibited. Type II Administrative Use approvals shall be required in accordance with Jefferson County Code (JCC) 18.40.270 for temporary homeless facilities in the County. Applications for administrative use approvals, land use approvals, or any other permit or approval, in any way associated with temporary homeless facilities, shall not be processed, issued, granted, or approved unless in compliance with this ordinance. If a temporary homeless facility is established in violation of this ordinance or if,after an administrative use permit is issued for the same, the director of the planning and development services department determines that the permit holder has violated this ordinance or any condition of the permit, the temporary homeless facility, its sponsor and managing agency shall be subjectto code enforcement and all activities associated with the temporary homeless facility shall cease, and the site shall be vacated and restored to its pre-encampment conditions. Section 3. Definitions. The following definitions apply to temporary homeless facilities: (a) "Temporary homeless facility" means a facility providing temporary housing accommodations that includes a sponsor and managing agency, the primary purpose of which is to provide temporary shelter for people experiencing homelessness in general or for specific populations ofthe homeless. Temporary homeless facilities include temporary tent encampments and temporary tiny house encampments. (b) "Temporary tent encampment" means a short-term living facility for a group of homeless people that is composed of tents or other temporary structures, as approved by the director, on a site provided or arranged for by a sponsor with services provided by a sponsor and supervised by a managing agency. (c) "Temporary tiny house encampment" means a temporary homeless facility for a group of people living in purpose-built tiny houses for people experiencing homelessness, as approved by the director, on a site provided or arranged for by a sponsor with services provided by a sponsor and supervised by a managing agency. Temporary tiny houses for the homeless are typically less than 200 square feet and easily constructed and moved to various locations. For the purposes of this ordinance,temporary tiny homes are not dwelling units and, as such, are not required to meet building codes. (d) "Managing agency" means an organization identified as the manager of a temporary homeless facility that has the capacity to organize and manage a temporary homeless facility. Managing agencies are limited to religious organizations and non-profit agencies. A"managing agency"may be the same Page 3 of 10 Exhibit B entity as the sponsor. P (e) "Sponsor" means an organization that: (i) invites a temporary homeless facility to reside on land they own or lease; and (ii)is a State of Washington registered not-for-profit corporation and federally recognized tax exempt 501(c)(3) organization; or 3. is recognized by the Internal Revenue Service as exempt from federal income taxes as a religious organization, which expresses its religious mission, in part, by organizing living accommodations for the homeless. (f)"Director"means the Community Development Department Director. Section 4. Requirements. The following requirements shall apply to all temporary homeless facilities approved under this ordinance,unless modified by the director through approval of a Type II administrative use permit. (a) The encampment shall be located a minimum of 20 feet from the property line of abutting properties containing commercial, industrial, and multifamily residential uses. The encampment shall be located a minimum of 40 feet from the property line of abutting properties containing single-family residential or public recreational uses,unless the director finds that a reduced bufferwidth will provide adequate separation between the encampment and adjoining uses, due to changes in elevation, intervening buildings or other physical characteristics of the site of the encampment. (b)No temporary homeless facility shall be located within a critical area or its buffer as defined by Chapter 18.22 JCC. (c) A temporary homeless facility shall comply with the applicable development standards of Title JCC, except that temporary homeless facilities shall not be considered structures for the purposesof calculating parcel's total lot coverage. (d)A six-foot-tall fence is required around the perimeter of the encampment to limit access-to the site for safety and security reasons; provided, that the fencing does not create a sight obstruction at thestreet or street intersections or curbs as determined by the county engineer, unless the director determines that there is sufficient vegetation,topographic variation,or other site conditions such that fencing would not be needed. (e)Exterior lighting must be directed downward and glare contained within the temporaryencampment. (f)The maximum number of residents at a temporary encampment site shall be determined by the director taking into consideration site conditions,but in no case shall the number be greater than fifty(50)people. (g)On-site parking of the sponsor shall not be displaced unless sufficient required off-street parking remains available for the host's use to compensate for the loss of on- site parking or unless a sharedparking agreement is executed with adjacent properties. (h)A transportation plan, including provisions for transit, and pedestrian and bicycle ingress and egress to the encampment, shall be submitted for review and approval. (i) No children under the age of 18 are allowed to stay overnight in the temporary encampment, unless accompanied by a parent or guardian. If a child under the age of 18 without a parent or guardian present Page 4 of 10 Exhibit B attempts to stay at the encampment,the sponsor and the managing agency shall immediately contact Child Protective Services and shall actively endeavor to find alternative shelter for the child. (j) The sponsor or managing agency shall provide and enforce a written code of conduct, which not only provides for the health, safety and welfare of the temporary encampment residents, but also mitigates impacts to neighbors and the community.A copy of the code of conduct shall be submitted to the County at the time of application for the administrative use permit. Said code shall be incorporated into the conditions of approval. The managing agency shall post the County approved written code of conduct on site. (k) An operations plan must be provided that addresses site management, site maintenance, and provision of human and social services. Individuals or organizations shall have either a demonstrated experience providing similar services to homeless residents; and/or certification or academic credentials in an applicable human service field;and/or applicable experience in a related program with a homeless population. Should an individual or organization not have any of the preceding qualifications, additional prescriptive measures may be required to minimize risk to both residents of the temporary homeless facility and the community in general. (1) The sponsor and the managing agency shall ensure compliance with Washington State laws and regulations and the Jefferson County Health Department's regulations concerning, but not limitedto, drinking water connections, solid waste disposal, and human waste. The sponsor and the managing agency shall permit inspections by local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period. (m) The sponsor and managing agency shall assure all applicable public health regulations, includingbut not limited to the following, will be met for: (i)Potable water,which shall be available at all times at the site; (ii) Sanitary portable toilets, which shall be set back from all property lines as determined by the director; (iii)Hand-washing stations by the toilets and food preparation areas; (iv) Food preparation or service tents; and (v)Refuse receptacles. (n) Public health regulations (including those in Chapter 246-215 WAC and Title 8 JCC) shall be followed to specifically include food handling and storage (including proper temperature control), and homeless encampment residents involved in food donations and storages shall be made aware of these Jefferson County Health Department requirements. (o) The sponsor and the managing agency shall designate points of contact and provide contact information (24-hour accessible phone contact) to the chief criminal deputy of the Jefferson County Sheriff or his/her designee. At least one designated point of contact shall be on duty at all times. The names of the on-duty points of contact shall be posted on-site daily and their contact information shall be provided to the Jefferson County Sheriff's Office as described above. (p) Facilities for dealing with trash shall be provided on-site throughout the encampment. A regular trash patrol in the immediate vicinity of the temporary encampment site shall be provided. Page 5 of 10 Exhibit B (q) The sponsor and the managing agency shall take all reasonable and legal steps to obtain verifiable identification information, to include full name and date of birth, from current and prospective encampment residents and use the identification to obtain sex offender and warrant checks from appropriate agencies.The sponsor and the managing agency shall keep a current log of names and dates of all people who stay overnight in the encampment. This log shall be available upon request to law enforcement agencies and prospective encampment residents shall be so advised by the sponsor and managing agency. (r) Persons who have active warrants, or who are required to register as sex offenders, are prohibited from the encampment's location. (s) The sponsor and the managing agency shall immediately contact the Jefferson County Sheriff's Office if someone is rejected or ejected from the encampment when the reason for rejection or ejection is an active warrant or a match on a sex offender check, or if, in the opinion of the on-duty point of contact or on-duty security staff, the rejected/ejected person is a potential threat to the community. (t) Tents over 300 square feet in size and canopies in excess of 400 square feet shall utilize flame retardant materials. (u) The sponsor, the managing agency and temporary encampment residents shall cooperate with other providers of shelters and services for homeless persons within the County and shall make inquirywith these providers regarding the availability of existing resources. (v)The sponsor and/or managing agency shall provide before-encampment photos of the host site with the application. Upon vacation of the temporary encampment, all temporary structures and debris shall be removed from the host site within one calendar week. (w) Upon cessation of the temporary encampment, the site shall be restored, as near as possible, to its original condition. Where deemed necessary by the director,the sponsor and/or managing agency shall re- plant areas in which vegetation had been removed or destroyed. Section 5. Frequency and duration -of temporary homeless facilities. (a) No more than a maximum of 50 people may be housed in temporary homeless facilities (encampments) located in the unincorporated County at any time. Multiple encampment locations may be permitted provided that the aggregate total of people in all temporary tent and/or tiny house encampments shall not exceed 50. (b)The director shall not grant a permit for the same site more than once in any calendar year;provided that director is not authorized to issue a permit for the same site sooner than 180 days from the date the site is vacated as provided for in Section 4 of this ordinance. (c) Temporary tent encampments may be approved for a period not to exceed 180 days. The director may grant one 180-day extension, provided all conditions have been complied with and circumstances associated with the use have not changed.This extension shall be subject to a Type II review process and may be appealed to the hearing examiner as provided in JCC 18.40.270. The permit shall specify a date by which the use shall be terminated and the site vacated and restored to its pre-encampment condition. (d) Temporary tiny house encampments may be approved for a period of between six months andup to one year,provided the sponsor and managing agency comply with all permit conditions. The director may Page 6of10 Exhibit B grant one or more extension(s) not to exceed one additional year, provided enablinglegislation allows so. Extensions are subject to a Type II review process in accordance with JCC 18.40.270 and may be appealed to the hearing examiner as provided in JCC 18.40.270.The permit shall specify a date by which the use shall be terminated and the site vacated and restored to its pre-encampment condition. Section 6. Permit required.Establishment of a temporary homeless facility shall require approvalof an administrative use permit, as described in this ordinance, and compliance with all other applicable County regulations. The director shall have authority to grant, grant with conditions or deny an application for an administrative use permit under this ordinance. Section 7. Application. Application for a Type II administrative use permit shall be made on forms provided by the County, and shall be accompanied by the following information; provided, that the director may waive any of these items, upon request by the applicant and finding that the item is not necessary to analyze the application. An application to establish a temporary homeless facility shall be signed by both the sponsor and the managing agency("applicant")and contain the following: (a)A site plan of the property, drawn to scale, showing existing natural features, existing and proposed grades, existing and proposed utility improvements, existing rights-of-way and improvements, and existing and proposed structures, tents and other improvements (including stormwater and erosion control, landscaping and fencing at the perimeter of the proposed encampment and the property and off-street parking); (b) A vicinity map, showing the location of the site in relation to nearby streets and properties; (c)A written summary of the proposal,responding to the standards and requirements of this ordinance; (d) The written code of conduct, operations plan and a transportation plan as required by this ordinance; (e) Statement of actions that the applicant will take to obtain verifiable identification from all encampment residents and to use the identification to obtain sex offender and warrant checks from appropriate agencies; (f)Project statistics, including site area, building coverage,number and location of tents and temporary structures, expected and maximum number of residents, and duration of the encampment; (g) Address and parcel number of the subject property; (h) Photographs of the site; (i) A list of other permits that are or may be required for development of the property (issued by the County or by other government agencies), insofar as they are known to the applicant; (j)Permit fees for temporary homeless facilities shall be in accordance with Title 18 JCC; and, (k) A list of any requirement under this ordinance for which the applicant is asking to modify. Section 8.Permit Procedures. (a)Notice. All temporary homeless facility applications shall be reviewed under a Type II process under Page 7 of 10 Exhibit B JCC 18.40.270, except that the final decision must be rendered within 60 days of a determination of completeness. Additionally, the notice of application shall contain proposed duration and operation of the temporary homeless facility, number of residents for the encampment, and contain a County website link to the proposed written code of conduct, operations plan and transportation plan for the facility. (b) Decision and Notice of Decision. Final action on permit applications made under this sectionshall be in accordance with Title 18 JCC. Before any such permit may be granted, the applicant shall demonstrate and the director shall find consistency with Jefferson County Code and the following: (i) The proposed use meets the requirements of this ordinance; and, (ii) Measures, including the requirements herein and as identified by the director, have been taken to minimize the possible adverse impacts which the proposed encampment may have on the area in which it is located.It is acknowledged that not all impacts can be eliminated, however the risk of significant impacts can be reduced to a temporary and acceptable level as the duration of the encampment will be limited. A notice of the decision shall be provided in accordance with Title 18 JCC. (c) Conditions. Because each temporary encampment has unique characteristics, including, but not limited to, size, duration, uses, number of occupants and composition, the director shall have the authority to impose conditions on the approval of an administrative use permit to ensure that the proposal meets the criteria for approval listed above. Conditions, if imposed, must be intended toprotect public health, life and safety and minimize nuisance-generating features such as noise, waste, air quality, unsightliness, traffic, physical hazards and other similar impacts that the temporary encampment may have on the area in which it is located. In cases where the application for an administrative use permit does not meet the provisions of this ordinance (except when allowed under subsection(d)of this section)or adequate mitigation may not be feasible or possible, the director shall deny the application. (d)Modification of Requirements. The director may approve an administrative use permit for a temporary encampment that relaxes one or more of the standards in this ordinance only when, in addition to satisfying the decision criteria stated above, the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe encampment with minimal negative impacts to the host community under the specific circumstances of the application. In considering whether the modification should be granted, the director shall first consider the effects on the health and safety of encampment residents and the neighboring communities. Modifications shall not be granted if their adverse impacts on encampment residents and/or neighboring communities will be greater than those without modification. The burden of proof shall be on the applicant. Section 9. Appeal. The director's decision may be appealed to the hearing examiner as provided in Title li JCC. Section 10.Revocation. The director shall also have the authority to revoke an approved administrative use permit, pursuant to Title li JCC at any time a sponsor or managing agency has failed to comply with the applicable provisions of this ordinance or permit. Section 11. Purpose. The purpose of this interim ordinance is to allow and establish a review process for the location,siting,and operation of temporary homeless facilities within the unincorporated County. While the interim ordinance is in effect, the County will study the land use and other impacts associated with temporary homeless facilities, draft final zoning and regulations to address such uses,hold public hearings on such draft regulations, and adopt such regulations. Page 8 of 10 Exhibit B Section 12. Duration of Interim Ordinance. Unless subsequently extended by the County Board of Commissioners pursuant to state law, this interim Ordinance shall remain in effect for up to six months, continuing from the expiration date of Ordinance 10-1221-20,December 20,2021,and ending no later than June 20,2022, as provided in the Work Plan adopted in Section 13. Section 13.Work Plan.During the interim ordinance period,County staff will study the issues and facilitate a participatory planningprocess concerningthe establishment and operation of temporary homeless p p rY p facilities as set forth below. Subject Matter Experts—Step 1 Staff will meet with subject matter experts(SME)either individually or in focus groups whose expertise in healthcare including mental health,geriatrics,substance use,and law shall be incorporated in a revised draft ordinance. Revisions recommended by these SMEs shall be incorporated into the County's draft ordinance on or before March 1, 2022. Community Participation—Step 2 This newly revised draft ordinance shall then be subject to a public process including but not limited to the state-mandated State Environmental Policy Act (SEPA) non-project review. The public review process shall include a public hearing before the County's Planning Commission on or before April 6, 2022, and a public hearing before County Board of Commissioners on or before June 13, 2022,in accordance with the public participation process required for amendments to the County's development regulations. Section 14. Conflict with other Jefferson County Code Provisions. If the provisions of this Ordinance are found to be inconsistent with other provisions of the Jefferson County Code,this Ordinance shall control. Section 15. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction,such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other sentence, clause orphrase in this Ordinance. Section 16.Effective Date.This ordinance is effective December 20, 2021, upon the expiration of Interim Ordinance No. 10-1221-20. (SIGNATURES FOLLOW ON NEXT PAGE) Page 9 of 10 Exhibit B ADOPTED this day of 2021, at .M. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS SEAL: Kate Dean, Chair Greg Brotherton, Member ATTEST: Heidi Eisenhour, Member APPROVED AS TO FORM Carolyn Gallaway, Date Philip C. Hunsucker, Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney Page 10 of 10