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Home My WebLink About04-20-2022 Planning Commission AgendaArlene Alen – District 1 LD Richert – District 2 Kevin Coker – District 1 Richard Hull, Chair – District 3 Cynthia Koan – District 1 Chris Llewellyn – District 3 Matt Sircely, Vice Chair -District 2 Michael Nilssen – District 3 Lorna Smith – District 2 Public Comment: When the Chair recognizes you to speak, please begin by stating your name and address. Please be aware that the public comment period is three minutes. 1 AGENDA JEFFERSON COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Regular Meeting – April 20, 2022 Tri Area Community Center, 10 West Valley Road, Chimacum, Washington 98325 COVID-19 NOTICE NO IN-PERSON ATTENDANCE ALLOWED (Per Jefferson County RESOLUTION No. 45-21) You can join this meeting by using the following methods: Zoom Meeting: Meeting ID: 886 7104 7253 Passcode: 894561 https://us02web.zoom.us/j/88671047253?pwd=OU8vTWZGWTVRRGNRVEQ1c2k0WDVadz09 This option will allow you to join the meeting live. You will need to enter an email address. If you wish to provide public comment, click on the hand icon at the bottom of the screen to “raise your hand.”. Participation will be up to the Chair of the meeting Audio-only: For one tap mobile copy and paste: +12532158782,,88671047253#,,,,*894561# Please sign on 5 to 10 minutes before the official start of the meeting to check sound and video quality This video will be closed-captioned enabled for persons with disabilities 5:30PM Welcome Chair and Overview Presentation 1. Call to Order/Roll Call 2. Approval of Agenda 3. Approval of Minutes a. January 5th, 2022 Minutes b. February 23rd and 26th, 2022 Retreat Minutes 4. Planning Commission Updates a. (10 minutes) 5. DCD Staff and Director Updates a. Stipends b. Elections for positions in Districts 2 and 3 c. Hybrid meetings d. Staffing e. Department of Ecology Grants: Sea level rise, Flood Control Assistance Account Program (FCAAP), and Shoreline Users’ Guide Arlene Alen – District 1 LD Richert – District 2 Kevin Coker – District 1 Richard Hull, Chair – District 3 Cynthia Koan – District 1 Chris Llewellyn – District 3 Matt Sircely, Vice Chair -District 2 Michael Nilssen – District 3 Lorna Smith – District 2 Public Comment: When the Chair recognizes you to speak, please begin by stating your name and address. Please be aware that the public comment period is three minutes. 2 PUBLIC COMMENT 6. Public comments from attendees. Three minutes per speaker CONSENT AGENDA 7. FCAAP Solicitation of Qualifications 8. Commercial Property Assessed Clean Energy + Resiliency (C-PACER) 9. Code and Comprehensive Plan References for Mineral Resource Overlay 10. Site of Control of Caswell-Brown Village Phase 2A 11. An Assessment and Implementation Plan for Equivalent Residential Units for Jefferson County’s Master Planned Resorts 12. Tribal Element in Jefferson County Comprehensive Plan REGULAR BUSINESS 13. Update from the Board of County Commissioners-Commissioner Dean 14. Legal Lot of Record Update – Bryan Benjamin a. Story Map staff report 15. Temporary Housing Facilities Update – Joel Peterson, AICP a. Housing Facilities staff report b. Draft ordinance 16. Unified Development Code Docket Changes – Brent Butler, AICP Jefferson County Planning Commission MEETING MINUTES Virtual Meeting (no in-person attendance allowed per Gov. Inslee’s Proclamation 20-28) January 5, 2022 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us Regular Business 5:30 pm Welcome (chair) and Overview Presentation 1.Call to Order/Roll Call District 1 District 2 District 3 Alen: Present Coker: Koan: Present Sircely: Present Smith: Present Richert: Hull: Present Nilssen: Llewelyn: Present 2.Approval of Agenda 3.Approval of previous Meeting Minutes a.Minutes for July 7, 2021, were approved. 5 yays; 0 nays; 1 abstention. b.Minutes for July 21, 2021, were approved. 6 yays; 0 nays; 0 abstentions. c.Minutes for August 18, 2021, were approved. 6 yays; 0 nays; 0 abstentions. d.December 15, 2021, were approved. 5 yays; 0 nays; 1 abstention. 4.Planning Commission Updates a.The Housing Subcommittee had a productive meeting with County Commissioner Greg Brotherton. The subcommittee is preparing a document summarizing their work in 2021. 5.DCD Staff and Director Updates a.Director Butler reported that DCD received a record number of permit applications in 2021. The previous record was in 2020, showing that there is a surge of all application types. It is challenging to meet community expectations with current limits on staff. The county plans to hire two assistant planners this quarter. DCD is also creating a scope of work for the grants from the Department of Ecology, to better characterize sea level rises and impacts of rises. Another will enable DCD to provide more education on the updated Shoreline Master Program. The third grant will go to study the characterization of rivers flowing into the county. This can expand the flood management plan. b.On December 13th, the BoCC granted DCD an extension to the Homeless Housing Facilities Ordinance. Planners are meeting with stakeholders to amend and improve the ordinance. c.Preparation for the Planning Commissioner Retreat. Director Butler says the retreat timing is flexible and can take place on a Saturday. Commissioner Koan asks how long the retreat would last. Director Butler says 3-4 hours. Koan prefers a long session to cover all relevant topics. Commissioner Smith is not currently comfortable with an in-person meeting. Commissioner Sircely recalls that the idea of a Wednesday meeting was for convenience with work schedules. His availability may be ITEM 3a Jefferson County Planning Commission MEETING MINUTES Virtual Meeting (no in-person attendance allowed per Gov. Inslee’s Proclamation 20-28) January 5, 2022 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us limited due to a possible teaching engagement. Commissioner Llewellyn suggests having two night sessions. She has limited availability on Saturdays. Commissioner Alen has a conflict in the first week of February but could make another time work if she has enough warning. Could we list a few dates? Koan suggests sending several times out via email and then selecting the ones that work best for the most commissioners. Motions Motion # Motion 1st 2nd Yay Nay Abstain 1 Approve July 7, 2021 minutes as written Koan Smith 5 0 1 2 Approve July 21, 2021 minutes as written Koan Smith 6 0 0 3 Approve August 18, 2021 minutes as written Koan Smith 6 0 0 4 Approve December 15, 2021 minutes as written Koan Smith 5 0 1 Public Comment The Chair opened the floor to public comment. a. Russell Hill asked if the retreat will be open to the public. Director Butler confirmed that all meetings are noticed and available to the public. It will be posted on the website. Commissioner Koan asks if the public could comment during the retreat. Director Butler leaves that to the commissioners’ discretion. He suggests it may be a useful way to learn why public engagement is lower than expected. Koan would like to explore that option at another meeting so that the retreat is focused on the Commission. Commissioner Sircely shared that the Housing Subcommittee will begin holding duly noticed public outreach meetings to research the question of public engagement. b. Russell Hill asked if the transcript will be posted. Yes it will. Is the GIS Inventory available to the public? Director Butler says yes, it is part of the recordings and agendas from the Board of County Commissioner’s 6th and 20 and the Planning Commission on December 1. Consent Agenda No Consent Agenda items this meeting. Regular Business ITEM 3a Jefferson County Planning Commission MEETING MINUTES Virtual Meeting (no in-person attendance allowed per Gov. Inslee’s Proclamation 20-28) January 5, 2022 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us 6. Pre-1971 Lots of Record a. Staff Report—Regulatory Approaches to Legal Lot Determination in Seven Jurisdictions: Pre-1971 Lots and Plats Ordinance 05-1004-21 and Ordinance 06- 1011-21. Prepared by Assistant Planner Bryan Benjamin b. Presentation by Bryan Benjamin i. Question from Commissioner Smith: can multiple substandard lots be combined to create one conforming lot? Planner Benjamin says yes, that is one of the topics researched in the case study. ii. Commissioner Koan asks for definition of base density. Planner Benjamin explains that base density is the allowed number of units per acre as defined by zoning. iii. Planner Benjamin asked if the matrices are effective? Chair Hull says yes, they were comprehensive but required some thought to understand. iv. Planner Benjamin asked if the matrices should be expanded to include regulatory approaches from more Western Washington jurisdictions? Chair Hull said no, unless other counties have very different approaches than those presented. v. Commissioner Koan asked if slide decks could be posted before the meetings for future meetings. Chair Hull said the staff report has more detail and was included with agenda. vi. Commissioner Sircely thought it was interesting that Smith’s suggestion was included in the report. Other discussion: Commissioner Koan is having difficulty with the link to access agendas. Planning Technician Smith will follow up with county I.T. 7:00 pm Adjournment • The next Planning Commission meeting is scheduled for January 19, 2022, at 5:30 pm virtually You can dial in using your phone by calling: +1 (646) 749-3122; Access Code: 883-126-605. These meeting minutes were approved this ____________ day of_____, 2022. ____________________________ Richard Hull, Chair Helena Smith DCD Land Use Technician ITEM 3a Jefferson County Planning Commission MEETING MINUTES Virtual Meeting (no in-person public attendance allowed per Gov. Inslee’s Proclamation 20-28) February 23, 2022 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us Regular Business 5:00 pm Welcome and Overview Presentation 1.Call to Order/Roll Call District 1 District 2 District 3 Alen: Present Coker: Present Koan: Present Sircely: Present Smith: Present Richert: Present Hull: Present Nilssen: Present Llewelyn: Present 2.Approval of Agenda 3.Keynote: County Commission Chair Heidi Eisenhour Welcomes Planning Commission a.Each Planning Commissioner responds to the keynote with comments on the projects they found most exciting and what they would like to change in 2022 4.Purpose of Retreat. Presenters: DCD Director Brent Butler, AICP; and Associate Planner Joel Peterson, AICP a.Projects in Quilcene b.Questions to consider for this retreat: What did you like? What would you like to see change? 5.Retreat Topic One: Reviewing 2021 a.Planning Projects b.Workload Patterns c.How does 2021 compare to the previous five years? Observer Comment 6.The Chair opened the floor to public comment and no one spoke. 7.Short break 8.Retreat Topic Two: 2022 Projects a.2022 Work Plan: Overview of projects moving forward in 2022 b.List of supporting materials c.Scheduling site visits with Director Butler 9.Retreat Topic Three: Best Practices for Sub-Committees. Presentation by Director Brent Butler a.Open Public Meetings Act ITEM 3b Jefferson County Planning Commission MEETING MINUTES Virtual Meeting (no in-person public attendance allowed per Gov. Inslee’s Proclamation 20-28) February 23, 2022 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us 6:45 pm Due to technical difficulties, Chair adjourns the first day of the retreat. 7:00 pm Meeting Continued to February 26, 2022 The next Planning Commission meeting is scheduled for February 26, 2022, at 10:00 am virtually. You can dial in using your phone by calling: +1 (646) 749-3122; Access Code: 883- 126-605. These meeting minutes were approved this ____________ day of_____, 2022. ____________________________ Richard Hull, Chair Helena Smith, Secretary ITEM 3b Jefferson County Planning Commission MEETING MINUTES Virtual Meeting (no in-person attendance allowed per Gov. Inslee’s Proclamation 20-28) February 26, 2022 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us Regular Business 11:00 am Welcome and Overview Presentation 1. Call to Order/Roll Call District 1 District 2 District 3 Alen: Present Coker: Present Koan: Present Sircely: Present Smith: Present Richert: Excused Hull: Present Nilssen: Present Llewelyn: Present 2. Keynote: Commissioner Greg Brotherton Welcomes Planning Commission 3. Retreat Topic Four: Summary of Previous Retreat Session 4. Workshop: Discuss the following topics with your group a. Best Practices for Sub-Committees b. Procedures c. Attendance issues and incentives d. Preferred contact methods? e. In your interactions with fellow Commissioners and staff, what is working well? What would you like to change? 5. Share Workshop Conclusions with Group 6. Retreat Topic Five: Due Process 7. Break 8. Retreat Topic Six: Ethics Workshop 9. Retreat Topic Seven: Community Outreach in Your District a. Director Butler is planning site visits and encourages Planning Commissioners to contact him with interest and availability Observer Comment 10. The Chair opened the floor to public comment and no one spoke. 11. Break 12. Retreat Topic Eight: Zoom Best Practices a. Accessibility b. Security 13. Retreat Topic Nine: Operationalize Ideas for Best Practices 12:55 pm Adjournment: Chair Closes Meeting ITEM 3b Jefferson County Planning Commission MEETING MINUTES Virtual Meeting (no in-person attendance allowed per Gov. Inslee’s Proclamation 20-28) February 26, 2022 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us The next Planning Commission meeting is scheduled for March 2, 2022, at 5:30 pm virtually You can dial in using your phone by calling: +1 (646) 749-3122; Access Code: 883- 126-605. These meeting minutes were approved this ____________ day of_____, 2022. ____________________________ Richard Hull, Chair Helena Smith, Secretary ITEM 3b 1 | P a g e Jefferson County, Washington SOLICITATIONS OF QUALIFICATIONS COMPREHENSIVE FLOOD HAZARD MANAGEMENT PLAN for Big- and Little Quilcene Rivers ISSUED: April 18, 2022 SOLICITATIONS OF QUALIFICATIONS DUE: May 6, 2022 ITEM 7 2 | P a g e JEFFERSON COUNTY FLOOD CONTROL PROGRAM - SOLICITATIONS OF QUALIFICATIONS – APRIL 2022 TABLE OF CONTENTS 1.0 GENERAL INFORMATION ..............................................................................................................3 1.1 INTRODUCTION .................................................................................................................................. 3 1.2 SCOPE OF THE PROJECT ...................................................................................................................... 3 2.0 PROCUREMENT PROCESS ..............................................................................................................6 2.1 EQUAL EMPLOYMENT OPPORTUNITY ............................................................................................... 6 2.2 DISADVANTAGED, MINORITY AND WOMEN'S BUSINESS ENTERPRISES PARTICIPATION ............... 6 2.3 TITLE VI OF THE CIVIL RIGHTS ACT ..................................................................................................... 6 2.4 DESIRED QUALIFICATIONS ................................................................................................................. 6 2.5 EXAMINATION OF SOQ ...................................................................................................................... 7 2.6 COMMUNICATIONS ............................................................................................................................ 7 2.7 JEFFERSON COUNTY’S RIGHTS ........................................................................................................... 7 3.0 PROPOSALS ..................................................................................................................................9 3.1 SUBMITTAL DUE DATE, TIME, AND LOCATION ................................................................................. 9 3.2 SUBMITTAL REQUIRMENTS ............................................................................................................... 9 4.0 SELECTION CRITERIA AND ESTIMATED TIMEFRAME ..................................................................... 11 5.0 SIGNIFICANT GRANT DEADLINES ................................................................................................. 12 6.0 PUBLIC RECORDS ........................................................................................................................ 13 ITEM 7 3 | P a g e 1.0 GENERAL INFORMATION 1.1 INTRODUCTION Jefferson County Department of Community Development (“DCD”) solicits interest from qualified consulting firms who wish to be considered for preparing a Comprehensive Flood Hazard Management Plan (“CFHMP”) for the Big Quilcene and Little Quilcene Rivers. This work is funded by the Department of Ecology (“ECY”) through a Flood Control Assistance Account Program (“FCAAP”) grant. In accordance with the grant agreement between Jefferson County and ECY, this grant must be completed by June 30, 2023. Qualified consulting firms are encouraged to submit proposals. Please be aware that Jefferson County will be selecting firms that respond to advertising through the Municipal Research Service Center of Washington, the Seattle Daily Journal of Commerce, and/or the Jefferson County/Port Townsend Leader. Persons submitting proposals are called Consultants. Consultants must have professional and business licenses required by the State of Washington and a demonstrable expertise in the disciplines necessary to accomplish the services. 1.2 SCOPE OF THE PROJECT This Solicitation of Qualifications (“SOQ”) section describes the project and the anticipated scope of services. In addition, attached as Appendix A is a proposed contract, the terms and conditions of which should be considered when responding to this SOQ. 1.2.1 PROJECT DESCRIPTION As part of addressing flooding issues associated with the Big- and Little Quilcene Rivers, Jefferson County is interested in having a CFHMP prepared for these two river systems. The Little Quilcene River discharges into the northernmost portion of Quilcene Bay, just north of the town of Quilcene. The Big Quilcene River discharges into the western side of Quilcene Bay, flowing through the southern portions of the town of Quilcene. No CFHMP has been prepared for the Little Quilcene River and an update is needed to the Big Quilcene River CFHMP that was prepared in 1998. This SOQ includes preparation of a CFHMP for these two rivers. At a minimum, the CFHMP will address existing conditions, assess past flooding events, determine flood control needs, present flood control solutions and future management strategies. Preparation of the CFHMP includes participating in an Advisory Team meeting and incorporating input from these meetings into the document. To complete the CFHMP per FCAAP grant requirements, the Consultant shall: • Provide project coordination and management. • Conduct a grant kick-off meeting. • Lead efforts to collect information to describe existing conditions and flood hazards within the drainage basins. ITEM 7 4 | P a g e • Conduct site visit(s) as needed, review past studies, flood maps, system conveyance inventories and other such applicable documents to identify flood mitigation measures to be placed within interim and final reports. • Lead efforts to determine appropriate management strategies for these two drainage basins. • Develop an outline for the CFHMP for DCD review and comments. • Prepare a Preliminary Draft CFHMP for review and comments. • Prepare a Draft CFHMP based on comments that will also be sent out for review. • Prepare a Final CFHMP consistent with WAC 173-145-040 for approval by Jefferson County Board of County Commissioners and ECY. • Participate in meetings with DCD planners (and conference calls as needed). • Attend and participate in Advisory Team meetings (assume meetings will be virtual). • Participate in Public Involvement meetings (assume meetings will be virtual). DCD planners will: • Schedule the kick-off meeting. • Select Advisory Team members and notice meetings. • Prepare meeting notes. • Provide local information to consultant. • Schedule and notice any public meetings. 1.2.2 CURRENT PROJECTS As noted above, the CFHMP prepared for this FCAAP grant is intended to complement flood work conducted by other county departments. Therefore, the selected consultant will fully consider and, to the greatest extent possible, incorporate the designs, modeling, and other applicable documents for restoration of habitat for Hood Canal Summer Chum Salmon in the Big and Little Quilcene rivers, as developed by Puget Sound Partnership, Hood Canal Coordinating Council Lead Entity (HCCCLE) and Hood Canal Salmon Enhancement Group (HCSEG), into the CFHMP. Moon Valley 30% Design: https://drive.google.com/file/d/1ko2MBe6YqdXGOJuFKgYIlbVVX8QUXvFs/view?usp=shari ng Lower One Mile 30% Design: https://drive.google.com/file/d/1IpXheFLyz_Qa14OqKW7NVAjrJ8WC7aDn/view?usp=sharin g Lower One Mile Hydrodynamic Modeling: https://drive.google.com/file/d/1IQli_Atp9_GB0oRU5i8zX6PtGi59bZHW/view?usp=sharing Lower One Mile Design Report: https://drive.google.com/file/d/1vGMs4HCXEroztHjCcVL-ROes149fZO-d/view?usp=sharing ITEM 7 5 | P a g e 1.2.3 BUDGET The total amount budgeted for consultants is $139,000. ITEM 7 6 | P a g e 2.0 PROCUREMENT PROCESS 2.1 EQUAL EMPLOYMENT OPPORTUNITY Discrimination in any phase of contracted employment, consultant activities, contracting activities, and training is prohibited by Title VI of the Civil Rights Act of 1964, Section 162(a) of the Federal-Aid Highway Act of 1973, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Justice System Improvement Act of 1979, the Americans with Disabilities Act of 1990, the Civil Rights Restoration Act of 1987, 49 CFR Part 21, the Washington State Law Against Discrimination, Chapter 49.60 RCW, and other related laws and statutes. The referenced legal citations establish the minimum requirements for affirmative action efforts and define the basic nondiscrimination provisions required by this Solicitation of Qualifications (SOQ). 2.2 DISADVANTAGED, MINORITY AND WOMEN'S BUSINESS ENTERPRISES PARTICIPATION Jefferson County encourages participation in all of its contracts by Disadvantaged, Minority and Women’s Business Enterprises (MWBE) as certified by the Office of Minority and Women’s Business Enterprises (OMWBE) and defined in WAC 326-02-030. Nevertheless, unless required by federal law, no preference will be given for meeting voluntary goals for MWBE participation in the evaluation of proposals; and proposals will not be rejected or considered non-responsive due to a failure to meet voluntary goals. Bidders may contact OMWBE to obtain information on certified MBE/WBE firms. Persons with disabilities may request this information be prepared and supplied in alternate formats by calling Emilie Uemura at (360) 379-4463. 2.3 TITLE VI OF THE CIVIL RIGHTS ACT Jefferson County, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin or sex in consideration for an award. 2.4 DESIRED QUALIFICATIONS The selected consultant should have the following criteria: • Strong knowledge of hydrologic and hydraulic processes; • Strong knowledge of assessing, analyzing, and mitigating flood-prone areas; • Familiarity with preparation of Comprehensive Flood Hazard Management Plans consistent with WAC 173-145-040; • Experience working on state-funded projects; ITEM 7 7 | P a g e • Capability of completing multiple tasks in a timely manner; • Effective project management skills, with an ability to complete deliverables on time and within budget; • Strong written, verbal, and interpersonal communication skills; • Effectively participate in Advisory Team Meetings; • A history of performing consulting services for at least seven years; • A business entity rather than a sole proprietorship is preferred; • Familiarity working in rural counties like Jefferson County is preferred; and • Ability to contract with Jefferson County under all the terms and conditions in Appendix A. 2.5 EXAMINATION OF SOQ Each Proposer shall be solely responsible for reviewing and examining the SOQ, with appropriate care, including any supplements; addenda; clarification notices issued by Jefferson County; and investigating and informing itself of any and all Project conditions and circumstances that may in any way affect the contents of the proposal. The Proposer bears the risk of all consequences of any failure to thoroughly investigate all relevant Project and Project site conditions and circumstances as described herein. 2.6 COMMUNICATIONS Jefferson County’s representative for receiving Proposer questions and all other communications about the Project and the SOQ is as follows: Emilie Uemura Jefferson County Community Development Department 621 Sheridan Street Port Townsend, Washington 98368 Phone: (360) 379-4463 Email: euemura@co.jefferson.wa.us All discussions shall be with the County Representative, except for those communications permitted by the SOQ. Proposals shall be submitted to Emilie Uemura in accordance with Section 3 of this SOQ. Any response to questions, SOQ clarifications, and/or other such information between April 18, 2022 and May 6, 2022, can be found at here. 2.7 JEFFERSON COUNTY’S RIGHTS Jefferson County reserves the right, at its sole discretion, to: • Appoint evaluation committees to review proposals; • Investigate the qualifications of any Proposer; • Seek or obtain data from any source related to the proposals; • Require confirmation of information furnished by a Proposer; • Hold meetings and conduct discussions and correspondence with the Proposers to seek an improved understanding and evaluation of the responses to this SOQ; ITEM 7 8 | P a g e • Require additional information from a Proposer concerning its proposal; • Seek and receive clarifications to a proposal; • Modify the SOQ process; • Waive minor deficiencies and irregularities in a proposal; • Reject any or all of the proposals; • Cancel, modify or withdraw the SOQ; • Issue a new SOQ; and • Conduct negotiations with the Apparent Best Proposer prior to award of the Contract. The SOQ does not commit Jefferson County to enter into a Contract or proceed with the procurement described herein. No unsuccessful Proposer shall be entitled to reimbursement of its costs in connection with the SOQ. ITEM 7 9 | P a g e 3.0 PROPOSALS 3.1 SUBMITTAL DUE DATE, TIME, AND LOCATION Proposals must be submitted via email to the following location contact prior to 4:00 p.m., Pacific Time, on May 6, 2022. Proposals shall be signed by an individual who is authorized to bind the Proposer to the proposal and Appendix A. The proposal shall indicate the title or position that the individual holds and the person’s name shall be typed below the signature. Firms who normally sign their contracts with the name of the firm must provide separately the name of a corporate officer for signature validation by the County. A proposal may be signed by the agent of the Proposer only if the Proposer is a corporation, the agent is an officer of that corporation, and the Proposer has authorized the agent to sign contracts on its behalf. Any proposal that does not meet all these signature requirements shall be rejected. Joint proposals shall identify one person or entity responsible for contract performance. Failure to submit information in accordance with the SOQ requirements and procedures may be cause for disqualification. Respondents will send one (1) digital copy of their Solicitation of Qualifications to: Emilie Uemura Jefferson County Community Development Department 621 Sheridan Street Port Townsend, Washington 98368 Phone: (360) 379-4463 Email: euemura@co.jefferson.wa.us Any proposal that fails to meet the deadline or delivery requirement will be rejected without having been considered or evaluated. 3.2 SUBMITTAL REQUIRMENTS Proposals shall be typed or printed, shall be consecutively numbered, shall mirror the numbering order used in this SOQ, shall be written in English, shall be legible and reasonably organized and submitted in in Adobe Acrobat (pdf) format. The quality, clarity, and organization of the proposal shall be one of the evaluation criteria in the Jefferson County’s selection. ITEM 7 10 | P a g e The Proposer shall organize the SOQ using the following section headings, order of documents, and maximum number of pages: Table 3.2 Section Section Title Maximum Pages 1 Introduction Letter 2 2 Project Experience and Firm Qualifications 12 3 Approach to Grant Work 3 4 Key Personnel 10 5 References 2 Appendix A Resumes for Key Personnel 2 pages per person The proposal must include the following: • Parent company (if applicable) • State of incorporation • Federal tax identification number • Washington State UBI number • Washington State RoR registration number • The Introduction Letter must be signed by a firm principal with the authority to bind the business entity. • A description of the consulting firm’s areas of expertise, including description of each team member and their qualifications to complete the work and who will serve as project manager. • A statement that the firm can devote sufficient staff and other resources to complete the project within the schedule and budget. • Examples of past projects of similar work. • Curriculum vitae or resume for each person expected to work on this project. • Describe the project team, including any sub-consultants. • A minimum of three references. • Description of the Proposer’s ability to sign a contract with Jefferson County in substantially the same form as in Appendix A. All proposals become the property of Jefferson County and will not be returned. Jefferson County will not be liable for any cost incurred by consulting firms to prepare a proposal submittal, to prepare for and attend an interview, or any other activities related to responding to this SOQ. ITEM 7 11 | P a g e 4.0 SELECTION CRITERIA AND ESTIMATED TIMEFRAME The selection committee will evaluate all proposals received by the due date and will interview the most qualified firms based on responses to the above submittal requirements section. The consultant selection process will also be based on: • Experience and qualifications in the subject area. • Firm’s understanding an approach to the project. • Clear identification of roles and responsibilities for project management and work. • Capacity to perform the work, based on firm’s personnel, experience, completeness of response, and statement of commitment and availability to the project and schedule. • Overall quality of proposal in terms of organization, responsiveness, content, and presentation. • Cost of the proposal. • Positive responses from references. • Ability to perform work under the contract provisions in Appendix A. The award of the contract shall be to the highest ranked proposal. If the selected Proposer defaults, Jefferson County may then select the next ranked proposal and award the contract accordingly. The Proposer on the next ranked proposal then becomes the Selected Proposer. Jefferson County wants to contract with a consultant as expeditiously as possible so that the selected consultant can begin work on this project as soon as possible. The selected consultant will be required to execute a Consultant’s Contract with the County. The following is the estimated timeframe for consultant selection: Proposals Due to DCD: May 6, 2022 Consultant Interviews: May 10, 2022 Consultant Selected: May 13, 2022 ITEM 7 12 | P a g e 5.0 SIGNIFICANT GRANT DEADLINES CFHMP Preliminary Draft: November 30, 2022 CFHMP Final Draft: March 31, 2022 Final CFHMP: June 30, 2021 ITEM 7 13 | P a g e 6.0 PUBLIC RECORDS Information submitted in response to this SOQ that is proprietary or confidential must be cleared designated. Stating the entire submission is proprietary or confidential may be rejected as non-responsive. Materials submitted in response to this SOQ shall become the property of Jefferson County and will not be returned. To the extent consistent with Chapter 42.56 RCW, the Public Records Act, Jefferson County will maintain the confidentiality of information submitted by consultants that is identified as confidential or proprietary. If a request is made to review the proprietary information submitted by the consultant, Jefferson County will notify the consultant of the request and of the date that the records will be released to the requestor unless the consultant obtains a court order enjoining that disclosure. If the consultant fails to obtain the court order enjoining the disclosure, Jefferson County will release the requested information on the date specified. ITEM 7 Updated February 2022 FAQ: C-PACER Financing - Implementation in Washington C-PACER /HB 2405 passed in Washington State during the 2020 Legislative Session, authorizing counties to establish C-PACER financing programs. The bill is effective as of June 11, 2020, and is codified in Chapter 36.165 RCW. Members of the Shift Zero C-PACER task force, in coordination with national and local C-PACE experts and legal counsel, have developed model guidelines for counties to set up C-PACER financing programs. These are vetted guidelines, forms, and documents that a county can use and adopt for their own purposes. These model documents include a model county ordinance, a program guidebook that describes how the program works, and template forms, including a checklist, which should make administration straightforward for any county staff person. You can find these documents here. *Note, 2/1/22: The Washington legislature is currently considering a small technical change to the C-PACER statute, which would change these model documents. Please reach out for any questions to pacer@shiftzero.org and, if the legislation passes, we will update these model documents* Top Questions 1. How does a county implement a C-PACER program? A county must first pass an ordinance that sets up a C-PACER program and develop program documents. A model ordinance is available at the link above, as are model program documents.For more questions for County staff on how to implement C-PACER in a county, please see this FAQ. 2. When will programs be up and running? The new enabling Washington legislation became effective on June 11th, 2020. Counties can set up programs whenever they are ready to do so. So far, Clark, King, Thurston, and Whatcom have all passed ordinances to enable C-PACER, and Snohomish has passed an ordinance to direct staff to develop the program. 3. How can someone advocate for their county to establish a program? Reach out to your county executive’s office to see if this is something they are pursuing. Also, contact your county council member; a county council must pass a county ordinance to establish a C-PACER program. 4. How is C-PACER program administration handled? A C-PACER lender in Washington would handle nearly all the work associated with collecting payments, so a county has little administrative role. The program administrator would be responsible for overseeing the C-PACER lien filing process and the associated paperwork filing requirements. A county may hire an outside third party as the administrator, or do this oversight themselves in a designated county office. ITEM 8 5. I’m a lender - what should I do now? Let a County know of your financing interest, and request that they inform you if/when they launch a local C-PACER program. Some counties may set up websites with lists of potential lenders. General C-PACER FAQ 1.What is C-PACER? 2.What public problem is C-PACER trying to address? 3.What kind of projects can use C-PACER financing? 4.Who finances C-PACER loans? 5.How is the C-PACER lien collected? 6.What happens to the C-PACER lien in the event of a building sale? 7.What happens to the C-PACER lien in the event of a building foreclosure? 8.What is the role of existing mortgage holders in the C-PACER program? 9.Are C-PACER programs risky for consumers? 10.Has this been done before? 11.What benefits does C-PACER provide? 12.Are nonprofits eligible for C-PACER? 13.Are public buildings (e.g., schools and municipal buildings) eligible for C-PACER? 14.Are single-family residential homes eligible for C-PACER? 15.Is a county required to develop a C-PACER program? 16.What are the county’s responsibilities under Washington C-PACER? 17.Does the County incur any liabilities from enacting a C-PACER program? 1. What is C-PACER? Property Assessed Clean Energy (PACE) is a financing mechanism that enables low-cost, long-term funding for qualified improvements, including energy efficiency, renewable energy, and water conservation projects.C-PACE is specific to commercial, large multifamily, industrial, and nonprofit properties. More than 25 states have active C-PACE programs. (Only a few states have residential pace (R-PACE) programs that cover single family and small multi family homes.) The Washington C-PACER bill (HB 2405) includes resiliency measures, including seismic improvements and fire/flood protection in the definition of a “qualified improvement”, adding an “R” to the popular acronym. Property owners can use C-PACER financing to cover 100% of the costs of projects for energy efficiency, water conservation, renewable energy generation, and resiliency upgrades. C-PACER financing includes all equipment, materials, and labor costs, as well as indirect services and fees. No public dollars or taxpayer funds are used in C-PACER financing. Like traditional special assessments that finance street lighting or sewers, property owners repay the financing through a special assessment that is added to their property tax bill. C-PACER assessments are totally voluntary. If the property owner sells the property, the ITEM 8 balance of the assessment remains with the property and seamlessly transfers to the new owner without any need to approve the new owner. 2. What public problem is C-PACER trying to address? On average, buildings could be improved to save half of the energy that they use. However, because most building owners are uncertain about how long they will own a building, they often choose to make only efficiency improvements that produce a quick payback – often in less than 4 years. Such quick payback improvements often only save ten to fifteen percent on energy consumption. This kind of inaction is also true for resilience measures such as seismic and fire protection improvements, which may not have any immediate economic payback but do improve the health and safety of building occupants, reduce insurance premiums, and increase a building’s life, thereby raising the property value. C-PACER addresses a gap in the credit market for these kind of projects. Investing in commercial properties to use renewable energy sources, to be energy efficient, to save water, and to be more resilient and sustainable makes economic sense and generates environmental benefits. C-PACER solves these issues by providing long term, fixed-rate credit that allows the cost savings to equal or exceed the debt service. 3. What kind of projects can use C-PACER financing? Property owners can use C-PACER to finance 100% of project costs related to energy efficiency, renewable energy, water conservation, and eligible resiliency. Items such as HVAC, efficient windows and doors, control systems, roofing, elevators, and solar panels can be paid with C-PACER. On an existing building retrofit, C-PACER can often cover 100% of the cost of a project. On new construction, C-PACER financing usually represents 20-25% of total project costs. Examples of projects that can use C-PACER: ● Completely modernizing a vacant Art Deco office building; ● Redeveloping an abandoned factory as a business incubator; ● Installing solar on an indoor soccer and recreational park; and ● Constructing a new hotel with high-efficiency windows and water conserving systems that are above code. 4. Who finances C-PACER loans? In this program model, no public funds would be used to finance loans. Any financial institution could finance these loans, from local credit unions to nationwide C-PACE-focused institutions. ITEM 8 5. How is the C-PACER lien collected? The C-PACER legislation allows counties to show private lender C-PACER loan obligations on regular property tax billings. The Washington law requires that actual loan payments and debt collection be handled by the C-PACER lender, not the county government. 6. What happens to the C-PACER lien in the event of a building sale? The C-PACER lien stays with the building, rather than the owner, so the next property owner will continue paying the C-PACER financing. 7. What happens to the C-PACER lien in the event of a building foreclosure? The C-PACER lien stays with the building, rather than the owner, and the C-PACER lien would not extinguish in the rare event of a foreclosure. This particular feature is important for the structure of a C-PACER program, because it is what allows for the longer term financing. Since C-PACE programs began in 2008, there have been no foreclosed properties of the 2,000+ buildings that have participated in a C-PACE deal. 8. What is the role of existing mortgage holders in the C-PACER program? The C-PACER lien would move into first (superior) position ahead of any other lien on the property, excepting state and local taxes, but only after consent is given by all other mortgage holders. More information on how this can work is available here. 9. Are C-PACER programs risky for consumers? No, these are very secure transactions. Of the 2,000+ buildings and $1 billion+ of investment in C-PACE programs nationwide, there have been no foreclosures. There have been some early well-publicized incidents of consumer fraud with residential PACE (R-PACE) programs in the few states that have such programs, but C-PACE programs are very different. California and other states which have ongoing R-PACE programs, have been amending them to require tighter administrative oversight with greater consumer protections. The much more widespread C-PACE programs have not experienced the sort of fraud publicity associated with R-PACE programs. For added protection, the new Washington law requires that for any improvement to be qualified for a C-PACER lien, it must be reviewed by a licensed or certified professional. Finally, the consent required by other mortgage holders adds yet another screen to ensure that the transaction is prudent. ITEM 8 10. Has this been done before? Yes, 37 other states and territories have passed similar C-PACE enabling legislation and there are 25 active programs. To date, C-PACER financing exceeds $1.5 billion in 2,100+ properties. 11.What benefits does C-PACER provide? For building owners: With C-PACER financing, there is little cash outlay and the debt lien is filed against the property, not the owner. That debt obligation stays with the property whenever ownership transfers. The debt doesn’t appear on the owner’s balance sheet, and it does not encumber the owners’ credit capacity. Hence, owners find these kinds of loans attractive for long-term efficiency and resilience improvements. For tenants: Building tenants are the ones typically paying the utility bills (either directly or through rent), occupying uncomfortable spaces, and facing any health and safety risks. Giving the building owners an easier way to pay for these kinds of improvements is a benefit to tenants. For the public: C-PACER financing programs are a type of public-private partnership that make it attractive for building owners to pursue deep efficiency and resilience improvements that are in the public interest. Highly energy and water efficient buildings reduce environmental impacts, including greenhouse gas emissions. Lower energy and water consumption also reduces the need for production and delivery infrastructure, the costs for which are ultimately borne by ratepayers. Further, seismic, fire protection, and other safety-related resilience improvements increase public safety and ultimately mitigate publicly funded emergency response expenses. 12. Are nonprofits eligible for C-PACER? Yes. Even though many nonprofits do not pay property tax, the tax assessor still has a property number for every parcel and that facilitates nonprofits voluntarily opting in to this program. 13. Are public buildings (e.g., schools and municipal buildings) eligible for C-PACER? No, generally, public buildings are not eligible for C-PACER. Public entities generally have access to other types of capital that are more attractive. In addition, in Washington, public entities can also make use of the state Department of Enterprise Services Energy Savings Performance Contracting program, which is a very cost-effective way to complete energy upgrades. ITEM 8 14. Are single-family residential homes eligible for C-PACER? No. This legislation is focused on commercial, institutional, nonprofit, and multifamily (five units and more) buildings. Fewer states have active R-PACE programs, and we want to learn from their challenges and successes before pursuing a program that would cover residential properties in Washington. 15. Is a county required to develop a C-PACER program? No. The C-PACER legislation enables, but does not require, a county to establish a C-PACER program. 16. What are the county’s responsibilities under Washington C-PACER? County responsibilities are limited to: ● Enacting C-PACER by ordinance ● Designating an office or individual to review C-PACER applications according to a Program Application Checklist ● Signing and recording the assessment agreement and associated forms All other responsibilities are performed by the Property Owner and the Capital Provider. 17. Does the County incur any liabilities from enacting a C-PACER program? No. By statute, county funds or credit are prohibited from being utilized to back any assessment or C-PACER lien. ITEM 8 Miles Sand and Gravel Co. Mineral Resource Land Overlay MLA21-00019 Background Reading for Mineral Resource Land Overlays Homework #1 – Comprehensive Plan, UDC, State Statute & Regulation Review 1.Comprehensive Plan References INSTRUCTIONS Follow the link below to the Comprehensive Plan. Use the bookmarks on the left-hand side of the PDF document to go to the specific Elements of the Comprehensive Plan. Each chapter is followed by Goals, Policies, and Action Plan. Take note of specific Comprehensive plan Goals, Policies, and Actions that relate to Mineral Resource Land Overlays (MRLO). Link: https://test.co.jefferson.wa.us/WeblinkExternal/DocView.aspx?id=1924551&dbid=0&repo=Jefferson 1.1. Element 1: Land Use 1.2. Element 2: Natural Resources 1.3. Element 5: Environment 1.4. Other Elements may have related policies, e.g. Element 7: Economic Development. 2.Unified Development Code References INSTRUCTIONS Using the link below, review the implementing regulations in our Unified Development Code (UDC) at Chapter 18.15 JCC (Overlays) and JCC 18.20.240 (Mineral Extraction). The information will explain what an overlay is, how to designate mineral resource overlays, and regulations for extraction. Link: https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty18.html 2.1. Article VI-C Mineral Resource Lands District (MRL) 2.1.1. JCC 18.15.155 Overlays Established – A term used for floating land use district applied to suitable locations 2.1.2. JCC 18.15.170 MRLO Designation – Mineral Resource Land Overlay 2.1.3. JCC 18.15.180 Nuisance & Disclosure ITEM 9 Miles Sand and Gravel Co. Mineral Resource Land Overlay MLA21-00019 2.2. JCC 18.20.240 Performance and Use-Specific Standards for Mineral Extraction, Mining, Quarrying, and Reclamation 3. Washington Administrative Code – Growth Management Act Regulations INSTRUCTIONS Follow the links below to review the Growth Management Act statute and rules regarding mineral resource identification, protection, and planning. Navigate to the bolded statute or rule. Take note of the subsections that relate to mineral resource identification, protection, and planning. If you find relevant information in other areas, make note of the citation. 3.1. Statute: Revised Code of Washington Chapter 36.70A RCW Growth Management Act Link: https://app.leg.wa.gov/RCW/default.aspx?cite=36.70A 3.1.1. RCW 36.70A.050 Guidelines to classify agriculture, forest, and mineral lands and critical areas. 3.2. Rule: Washington Administrative Code Title 365 WAC – Commerce, Department of Link: https://app.leg.wa.gov/wac/default.aspx?cite=365 3.2.1. WAC 365-190-070 Minimum Guidelines to Classify Agriculture, Forest, Mineral Lands, and Critical Areas. 3.2.2. WAC 365-196-480 Natural Resource Lands 3.2.3. WAC 365-197-815 Conservation of Natural Resource Lands ITEM 9 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Brent Butler, DCD Director DATE: April 18, 2022 RE: DISCUSSION AND POTENTIAL ACTION re: Site Control of Caswell-Brown Village Phase 2A STATEMENT OF ISSUE: This agenda item represents the third consecutive opportunity for the Board of County Commissioners (“BoCC”) to determine a pathway to enable the Olympic Community Action Programs (“OlyCAP”) to achieve site control as a critical preliminary step for OlyCAP to obtain financing to develop further the site known as Casewell-Brown Village Phase 2A. On Thursday, April 14, 2022, Commissioner Brotherton joined County Administrator Mark McCauley and Department of Community Development (“DCD”) Director Butler in a brainstorming session to identify pros and cons and key areas for consideration spurred by the Board of County Commissioner’s April 11, 2022 meeting on this topic. Land use planning provides multiple pathways forward. BACKGROUND OlyCAP identified their desire to obtaining financing from the Washington State Department of Commerce’s Housing Trust Fund (“HTF”) which the Washington State Legislature funds through biennial appropriations in the capital budget. This is one of the available funding sources that include among others the Low-Income Housing Tax Credit (LIHTC). Lenders such as the HTF typically need assurances that the project proponent has site control. ANALYSIS: Three pathways were identified for site control, including: 1) Leasing the site to OlyCAP; 2) Leasing the site to OlyCAP with a right to purchase based on identified conditions (Lease/Purchase Option); 3) Selling the site to OlyCAP. Each of these options has pros and cons, which are summarized in Table 1. ITEM 10 Table 1: PATHWAYS FORWARD FOR SITE CONTROL Leasing Lease/Purchase Option Purchase and Sale Agreement Pros Provides site control necessary for financing Provides site control necessary for financing Provides site control necessary for financing Enables consideration of long-range planning issues outlined below May enable consideration of long-range planning issues outlined below Decreased Liability Coordination with Port Townsend Coordination with Port Townsend Fiscal Planning Fiscal Planning Strategic Planning Capital Planning Mill Closure Planning Mill Closure Planning Sub-area/Master Planning Sub-area/Master Planning UGA Expansion Planning UGA Expansion Planning Cons Increased liability Increased liability during Ownership phase May preclude comprehensive planning Option 1 – Purchase and Sale / In conformance with base density As mentioned during the April 11, 2022 meeting, if the subject site is in conformance with the base zoning density, the County can proceed with a sale with only consideration of easements necessary to preserve access in light of the buffer required between the site and Highway 20. Option 2 – Leasehold / Binding Site Plan – (RCW 58.17.035) If the subject site is less than the base zoning density, the County would need to process a permit application based on the tenure (rental or ownership) If the tenure were rental, the pathway forward could include a Binding Site Plan that envisions the County leasing the site to the applicant. This approach requires review in accordance with Chapter 18.35 of the Jefferson County Code (“JCC”) and would be reviewed by the Hearing Examiner for final approval (Type III permit). Option 3 – Lease Purchase Option / Boundary Line Adjustment (RCW 58.17.040) If the applicant must purchase the site and the desired remaining parcel size would be less than the base zoning density, the applicant would need to do either a boundary line adjustment with an adjacent parcel to achieve the minimum base zoning density. The property could then be sold after a lease period enabling a lease purchase option. ITEM 10 Option 4 – Lease Purchase Option or Lease - Sub Area Planning Alternatively, the County could complete a subarea plan that envisions a new zoning classification, which would enable a whole host of planning issues to be considered. As mentioned above, this comes with some cons, namely liability stemming from continued land ownership. FISCAL IMPACT: Staff will need to further evaluate the administrative effort of the above referenced options and provide commentary during the regularly scheduled meeting. RECOMMENDATION: Consider the options and the pros and cons with the purpose of identifying a pathway forward, and filling any gaps in the comprehensive list of issues so far identified. ITEM 10 Jefferson County, Washington REQUEST FOR PROPOSALS An Assessment and Implementation Plan for Equivalent Residential Units for Jefferson County’s Master Planned Resorts ISSUED: April 25, 2022 Request for Proposals Due: May 26, 2022 ITEM 11 TABLE OF CONTENTS 1.0 GENERAL INFORMATION ..................................................................................... 3 1.1 INTRODUCTION .................................................................................................... 3 1.2 BACKGROUND ...................................................................................................... 3 1.3 SCOPE OF THE PROJECT ............................................................................... 4 2.0 PROCUREMENT PROCESS .................................................................................... 6 2.1 EQUAL EMPLOYMENT OPPORTUNITY ........................................................ 6 2.2 DISADVANTAGED, MINORITY AND WOMEN'S BUSINESS ENTERPRISES PARTICIPATION ............................................................................ 6 2.3 TITLE VI OF THE CIVIL RIGHTS ACT ........................................................... 6 2.4 DESIRED QUALIFICATIONS .............................................................................. 6 2.5 EXAMINATION OF RFQ ...................................................................................... 7 2.6 COMMUNICATIONS ............................................................................................. 7 2.7 JEFFERSON COUNTY’S RIGHTS ...................................................................... 8 3.0 PROPOSALS ............................................................................................................... 9 3.1 SUBMITTAL DUE DATE, TIME, AND LOCATION ........................................ 9 3.2 SUBMITTAL REQUIRMENTS ............................................................................ 9 4.0 SELECTION CRITERIA AND ESTIMATED TIMEFRAME ............................ 11 5.0 SIGNIFICANT DEADLINES .................................................................................. 12 6.0 PUBLIC RECORDS.................................................................................................. 12 APPENDIX A – Professional Services Agreement ....................................................... 13 ITEM 11 1.0 GENERAL INFORMATION 1.1 INTRODUCTION Jefferson County Department of Community Development (“DCD”) solicits interest from qualified consulting firms who wish to be considered for assessing the methodology and approach used to develop equivalent residential units for the purpose of improving the system used to ensure that the cap on development is not exceeded. By ensuring that the data is readily available for stakeholders including the general public, developers and county staff, Jefferson County seeks to improve transparency and ensure compliance with state law. The successful proposal will result in a process that is more easily updated and maintained. Qualified consulting firms are encouraged to submit proposals. Jefferson County will be selecting firms registered with the Municipal Research Service Center of Washington or those who respond to this Request for Proposal (“RFP”) as published in the Seattle Daily Journal of Commerce or the Jefferson County/Port Townsend Leader, the county’s newspaper of record. Persons submitting proposals are called Consultants or Proposers, and must have professional and business licenses required by the State of Washington and a demonstrable expertise in the disciplines necessary to accomplish the services. 1.2 BACKGROUND In Jefferson County there are two Master Planned Resort(s) (MPR)s, Port Ludlow and the designated, yet undeveloped, Pleasant Harbor MPR in the Brinnon Community. The Port Ludlow and Pleasant Harbor Master Planned Resorts also have sites zoned for commercial development 1.2.1 Port Ludlow Master Planned Resort A Master Plan was prepared for the Port Ludlow MPR in 1999, and incorporated into the County Comprehensive Plan’s goals and polices. The goals and policies identified by the community focus on maintaining and enhancing Port Ludlow’s recreational and community amenities and preserving the community’s lifestyle. In order to do this, and limit develop to a level identified in the Port Ludlow Environmental Impact Statement of 1993, Jefferson County Code (JCC) Title 17.45 (see the hyperlink below under 1.3.3) provides for exactly 2,575 “Measurement Equivalent Residential Units” (MERU’s) that may be used for both commercial and residential development, with a limit of 2.250 for residential dwelling units. This code uses the term “MERU” or “measurement ERU” to distinguish the meaning and use of the term “equivalent residential unit” from its more common application to water and sewer utility issues. In this code, “MERU” and “measurement ERU” are defined as set forth in JCC 17.45.030. The terms define the measurement and transfer mechanism for future development within the MPR boundaries. MERUs can be allocated and transferred between commercial and residential development depending on need, but residential development cannot exceed the 2,250 MERU limit. ITEM 11 1.2.2 Pleasant Harbor Master Planned Resort Pleasant Harbor Master Planned Resort: The land use designation was established in 2008, and a final Supplemental Environmental Impact Statement capped the maximum number of development units at 890 with 52 units designated for staff housing and no more than 65% dedicated to time-share and short-term rental units, leaving approximately 293 units for permanent housing. The Pleasant Harbor MPR provides a mixture of visitor- oriented transient accommodations, secondary homes, recreational facilities, and supporting commercial facilities. Approval of the Pleasant Harbor Master Planned Resort development regulations was made by the Board of County Commissioners in 2018 through Ordinance No. 03-0604-18, and a development agreement approved through Ordinance No. 04-0604-18. This ordinance establishes zoning and provides for a phased development plan for the Pleasant Harbor Master Planned Resort, formerly called the Brinnon Master Planned Resort. See section 1.3.3 for Pleasant Harbor 17.60.070 Resort cap and residential use restrictions. 1.3 SCOPE OF THE PROJECT The County is seeking professional services to assist with tasks associated with the evaluation and possible revision of its current system, reconciliation and new update of the MERU count, and recommendations for system improvements and/or possible maintenance of the system for the County for both MPRs. This RFP section describes the project and the anticipated scope of services, and the terms and conditions which should be considered when responding to this RFP. 1.3.1 Proposed Contract A professional services agreement will be executed to contract these services. An example of the contract is included in this RFP as Appendix A. 1.3.2 Scope of Work Consultants shall prepare a scope of work that outlines their approach to developing a transparent, coherent process for updating the MERUs, and making these regular updates available to stakeholders. As mentioned in the introduction, Consultants shall assess the methodology and approach used to develop MERUs for the purpose of improving the system used by ensuring that it is readily available for stakeholders including the general public, developers and county staff. The successful proposal will result in a process that is more easily updated and maintained. ITEM 11 The County desires to evaluate its current system for maintaining the count, reconcile the current count with other County records, and explore other systems, to include a system to track the development/density cap for the County’s newest MPR, Pleasant Harbor. The consultant selected will demonstrate their ability complete the following tasks: 1 Schedule a kickoff meeting with County staff, and stakeholders interested in the project deliverables, and knowledgeable regarding current practices 2 Evaluate of the current MERU count system maintained as a series of Excel Spreadsheets. 3 Prepare a draft summary report that recommends improvements and/or new systems or approaches to maintaining the count, for both Port Ludlow and Pleasant Harbor Master Planned Resorts. 4 Evaluate new systems or approaches in relation to the County’s new permitting software system Energov to explore the possibility of integration with the new system. 5 Reconcile the current count with other County records such of the Assessor’s data on existing development and produce a new update to the count. 6 Schedule an evaluation meeting with stakeholders where proposed options are shared for continued and on-going up-to-date maintenance of the system and count, and a preferred option is selected. 7 Implement the County’s preferred option for the Port Ludlow MPR, which includes a standard operating procedure and webpage. 8 Implement the County’s preferred option for Pleasant Harbor MPR, which includes a standard operating procedure and webpage. 1.3.3 Existing MERU Data A copy of Jefferson County’s current MERU count is available on the County website: https://co.jefferson.wa.us/1578/Equivalent-Residential-Units-MERU Applicable code for Port Ludlow and Pleasant Harbor MPRs: Port Ludlow: https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty17/JeffersonCount y1745.html#17.45 Pleasant Harbor 17.60.070 Resort cap and residential use restrictions: https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty17/JeffersonCount y1760.html#17.60 1.3.4 Contract Compensation: Applicants are to submit a compensation proposal with their package. Compensation should include an hourly rate, travel costs, and all other costs that would be ITEM 11 billed to Jefferson County if the applicant’s proposal is accepted and memorialized into a contract. 2.0 PROCUREMENT PROCESS The following describes the process for selecting a consultant. 2.1 EQUAL EMPLOYMENT OPPORTUNITY Discrimination in any phase of contracted employment, consultant activities, contracting activities, and training is prohibited by Title VI of the Civil Rights Act of 1964, Section 162(a) of the Federal-Aid Highway Act of 1973, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Justice System Improvement Act of 1979, the Americans with Disabilities Act of 1990, the Civil Rights Restoration Act of 1987, 49 CFR Part 21, the Washington State Law Against Discrimination, Chapter 49.60 RCW, and other related laws and statutes. The referenced legal citations establish the minimum requirements for affirmative action efforts and define the basic nondiscrimination provisions required by this RFP. 2.2 DISADVANTAGED, MINORITY AND WOMEN'S BUSINESS ENTERPRISES PARTICIPATION Jefferson County encourages participation in all of its contracts by Disadvantaged, Minority and Women’s Business Enterprises (MWBE) as certified by the Office of Minority and Women’s Business Enterprises (OMWBE) and defined in WAC 326-02-030. Nevertheless, unless required by federal law, no preference will be given for meeting voluntary goals for MWBE participation in the evaluation of proposals; and proposals will not be rejected or considered non-responsive due to a failure to meet voluntary goals. Bidders may contact OMWBE to obtain information on certified MBE/WBE firms. Persons with disabilities may request this information be prepared and supplied in alternate formats by calling (360) 379-4465. 2.3 TITLE VI OF THE CIVIL RIGHTS ACT Jefferson County, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin or sex in consideration for an award. 2.4 DESIRED QUALIFICATIONS The selected consultant should have the following criteria: • Strong knowledge and experience in accounting and computer data base systems; ITEM 11 • Capability of completing multiple tasks in a timely manner; • Effective project management skills, with an ability to complete deliverables on time and within budget; • Strong written, verbal, and interpersonal communication skills; • Effectively participate in stakeholder meetings; • Ability to prepare technically sound planning reports; • A history of performing consulting services for at least seven years; • A business entity rather than a sole proprietorship is preferred; and • Ability to contract with Jefferson County under all the terms and conditions in Appendix A. 2.5 EXAMINATION OF RFQ Each Proposer shall be solely responsible for reviewing and examining the RFP, with appropriate care, including any supplements; addenda; clarification notices issued by Jefferson County; and investigating and informing itself of any and all Project conditions and circumstances that may in any way affect the contents of the proposal. The Proposer bears the risk of all consequences of any failure to thoroughly investigate all relevant Project and Project site conditions and circumstances as described herein. 2.6 COMMUNICATIONS Jefferson County’s representative for receiving Proposer questions and all other communications about the Project and the RFP is as follows: All proposals shall be emailed to: David Wayne Johnson, Associate Planner Jefferson County Community Development Department 621 Sheridan Street Port Townsend, Washington 98368 Phone: (360) 379-4465 Email: dwjohnson@co.jefferson.wa.us All discussions shall be with the County Representative, except for those communications permitted by the RFP. Proposals shall be submitted to David Wayne Johnson in accordance with Section 3 of this RFP. ITEM 11 Any response to questions, RFP clarifications, or other such information between April 25, 2022 and May 26, 2022, can be found at here. https://www.co.jefferson.wa.us/1579/MERU-Request-for-Proposals---Available-A It is recommended the Proposer visits this site before submitting the RFP. 2.7 JEFFERSON COUNTY’S RIGHTS Jefferson County reserves the right, at its sole discretion, to: • Appoint evaluation committees to review proposals; • Investigate the qualifications of any Proposer; • Seek or obtain data from any source related to the proposals; • Require confirmation of information furnished by a Proposer; • Hold meetings and conduct discussions and correspondence with the Proposers to seek an improved understanding and evaluation of the responses to this RFP; • Require additional information from a Proposer concerning its proposal; • Seek and receive clarifications to a proposal; • Modify the RFP process; • Waive minor deficiencies and irregularities in a proposal; • Reject any or all of the proposals; • Cancel, modify or withdraw the RFP; • Issue a new RFP; and • Conduct negotiations with the Apparent Best Proposer prior to award of the Contract. The RFP does not commit Jefferson County to enter into a Contract or proceed with the procurement described herein. No unsuccessful Proposer shall be entitled to reimbursement of its costs in connection with the RFP. ITEM 11 3.0 PROPOSALS 3.1 SUBMITTAL DUE DATE, TIME, AND LOCATION Proposals must be submitted via email to the following location contact prior to 4:00 p.m., Pacific Time, on May 26, 2022. Proposals shall be signed by an individual who is authorized to bind the Proposer to the proposal and Appendix A. The proposal shall indicate the title or position that the individual holds and the person’s name shall be typed below the signature. Firms who normally sign their contracts with the name of the firm must provide separately the name of a corporate officer for signature validation by the County. A proposal may be signed by the agent of the Proposer only if the Proposer is a corporation, the agent is an officer of that corporation, and the Proposer has authorized the agent to sign contracts on its behalf. Any proposal that does not meet all these signature requirements shall be rejected. Joint proposals shall identify one person or entity responsible for contract performance. Failure to submit information in accordance with the RFP requirements and procedures may be cause for disqualification. Respondents will send one (1) digital copy of their Solicitation of Qualifications to: All proposals shall be emailed to: David Wayne Johnson, Associate Planner Jefferson County Community Development Department 621 Sheridan Street Port Townsend, Washington 98368 Phone: (360) 379-4465 Email: dwjohnson@co.jefferson.wa.us Any proposal that fails to meet the deadline or delivery requirement will be rejected without having been considered or evaluated. 3.2 SUBMITTAL REQUIRMENTS Proposals shall be typed or printed, shall be consecutively numbered, shall mirror the numbering order used in this RFP, shall be written in English, shall be legible and reasonably organized and submitted in in Adobe Acrobat (pdf) format. The quality, clarity, and organization of the proposal shall be one of the evaluation criteria in the Jefferson County’s selection. ITEM 11 The Proposer shall organize the RFP using the following section headings, order of documents, and maximum number of pages: Table 3.2 Section Section Title Maximum Pages 1 Introduction Letter 2 2 Project Experience and Firm Qualifications 12 3 Approach to Grant Work 3 4 Key Personnel 10 5 References 2 Appendix A Resumes for Key Personnel 2 pages per person The proposal must include the following: • Parent company (if applicable) • State of incorporation • Federal tax identification number • Washington State UBI number • The Introduction Letter must be signed by a firm principal with the authority to bind the business entity. • A description of the consulting firm’s areas of expertise, including description of each team member and their qualifications to complete the work and who will serve as project manager. • A statement that the firm can devote sufficient staff and other resources to complete the project within the schedule and budget. • Examples of past projects of similar work. • Curriculum vitae or resume for each person expected to work on this project. • Describe the project team, including any sub-consultants. • A minimum of three references. • Description of the Proposer’s ability to sign a contract with Jefferson County in substantially the same form as in Appendix A. All proposals become the property of Jefferson County and will not be returned. Jefferson County will not be liable for any cost incurred by consulting firms to prepare a proposal submittal, to prepare for and attend an interview, or any other activities related to responding to this RFP. ITEM 11 4.0 SELECTION CRITERIA AND ESTIMATED TIMEFRAME The selection committee will evaluate all proposals received by the due date and will interview the most qualified firms based on responses to the above submittal requirements section. The consultant selection process will be based on: • Experience in the subject area; • Experience working in Jefferson County or similar rural jurisdiction in Puget Sound; • Firm’s understanding and approach to the project; • Clear identification of roles and responsibilities for project management and work. • Capacity to perform the work, based on firm’s personnel, experience, and statement of commitment and availability to the project and schedule. • Overall quality of proposal in terms of completeness, organization, responsiveness, content, and presentation. • Ability to perform under contract provisions in Appendix A. • Positive responses from references. The award of the contract shall be to the highest ranked proposal. If the selected Proposer defaults, Jefferson County may then select the next ranked proposal and award the contract accordingly. The Proposer on the next ranked proposal then becomes the Selected Proposer. Jefferson County wants to contract with a consultant as expeditiously as possible so that the selected consultant can begin work on this project as soon as possible. The selected consultant will be required to execute a Consultant’s Contract with the County. The following is the estimated timeframe for consultant selection: Proposals Due to DCD: Thursday, May 26, 4pm Consultant Interviews: June 3, 2022 Consultant Selected: June 10, 2022 ITEM 11 5.0 SIGNIFICANT DEADLINES This section identifies some of the important due dates for MERU tasks. Tasks 1 to 3: October 15, 2022 Tasks 4 to 6: November 30, 2022 Tasks 7 and 8: January 1, 2023 6.0 PUBLIC RECORDS Information submitted in response to this RFP that is proprietary or confidential must be cleared designated. Stating the entire submission is proprietary or confidential may be rejected as non-responsive. Materials submitted in response to this RFP shall become the property of Jefferson County and will not be returned. To the extent consistent with Chapter 42.56 RCW, the Public Records Act, Jefferson County will maintain the confidentiality of information submitted by consultants that is identified as confidential or proprietary. If a request is made to review the proprietary information submitted by the consultant, Jefferson County will notify the consultant of the request and of the date that the records will be released to the requestor unless the consultant obtains a court order enjoining that disclosure. If the consultant fails to obtain the court order enjoining the disclosure, Jefferson County will release the requested information on the date specified. ITEM 11 APPENDIX A – Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT TO DEVELOP A MASTER PLANNED RESORT MEASUREMENT EQUIVALENT RESIDENTIAL UNIT ASSESSMENT AND IMPLEMENTATION PLAN ____________________________ THIS PROFESIONAL SERVICES AGREEMENT (“this Agreement”) is entered into between the County of Jefferson, a municipal corporation (“the County”), and _________________________________________ (“the Contractor”), in consideration of the mutual benefits, terms, and conditions specified below. 1. Project Designation. The Contractor is retained by the County to perform the following Project: _______________________________________________________________ _______________________________________________________________________ _______________________________________________________________________. 2. Scope of Services. Contractor agrees to perform the services identified on Exhibit “A” attached hereto including the provision of all labor. 3. Time for Performance. This Agreement shall commence on and continue through . Work performed consistent with this Agreement during its term, put prior to the adoption of this Agreement, is hereby ratified. The Contractor shall perform all services pursuant to this Agreement as outlined on Exhibit “A”. Time is of the essence in the performance of this Agreement. 4. Payment. The Contractor shall be paid by the County for completed work and for services rendered under this Agreement as follows: a. Payment for the work provided by Contractor shall be made as provided on Exhibit “B” attached hereto, provided that the total amount of payment to Contractor shall not exceed $___________ without express written modification of the Agreement signed by the County. b. Invoices must be submitted by the 15th of the month for the previous month’s expenses. Such invoices will be checked by the County, and upon approval thereof, payment will be made to the Contractor in the amount approved. Failure to submit timely invoices and reports pursuant to Exhibit B of the Agreement may result in a denial of reimbursement. Invoices not submitted within 60 days may be denied. c. Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work and submittal of reports under this Agreement and its acceptance by the County. d. The Contractor’s records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the County and state for a period of six (6) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All non-confidential or de-identified documents, drawings, specifications, and other materials produced by the Contractor in connection with the services rendered under this Agreement shall be the property of the County whether the project for which they are made is executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Contractor’s endeavors. Contractor shall not be held liable for reuse of documents or modifications thereof, including electronic data, by County or its representatives for any purpose other than the intent of this Agreement. 6. Compliance with laws. Contractor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Audit. An audit will be submitted to the County upon request. Upon request, Contractor will submit the most recent financial audit within 30 days. a. Upon request the County shall have the option of performing an onsite review of all records, statements, and documentation. ITEM 11 b. If the County finds indications of potential non-compliance during the monitoring process, the County shall notify Contractor within ten (10) days. County and Contractor shall meet to discuss areas of contention in an attempt to resolve issues. c. Audit will provide statements consistent with the guidelines of Reporting for Other Non-Profit Organizations AICPA SOP 78-10, and is performed in accordance with generally accepted auditing standards and with Federal Standards for Audit of Governmental Organizations, Programs, Activities and Functions, and meeting all requirements of 2 C.F.R. Part 200, as applicable. 8. Indemnification. Contractor shall indemnify and hold harmless the County, its past or present employees, officers, agents, elected or appointed officials or volunteers (and their marital communities), from and against all claims, losses or liability, or any portion thereof, including reasonable attorney’s fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. Contractor shall be liable only to the extent of Contractor’s proportional negligence. The Contractor specifically assumes potential liability for actions brought against the County by Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation. 9. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. a. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the County named as an additional insured in connection with the Contractor’s performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired automobiles; and, (3) Non-owned automobiles. b. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: i. Broad Form Property Damage, with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability – including coverage for products and completed operations; iv. Premises – Operations Liability (M&C); v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability. c. The County shall be named as an “additional named insured” under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer. d. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. e. The Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the County. If the proof of insurance or certificate indicating the County is an “additional insured” to a policy obtained by the Contractor refers to an ITEM 11 endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this Agreement. f. Failure of the Contractor to take out or maintain any required insurance shall not relieve the Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. g. The Contractor’s insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies, with the exception of Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. h. Insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. i. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. j. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. k. Insurance companies issuing the Contractor’s insurance policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. l. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. m. Any coverage for third party liability claims provided to the County by a “Risk Pool” created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. n. The County may, upon the Contractor’s failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. o. The Contractor’s liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. p. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or agents. q. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. r. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all the requirements stated herein. s. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. t. The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension, ITEM 11 reduction or material change in the policy, notice of same shall be given to the Jefferson County Public Health Contracts Manager by registered mail, return receipt requested. u. The Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. v. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 10. Worker’s Compensation (Industrial Insurance). a. If and only if the Contractor employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Contractor, the Contractor shall maintain workers’ compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Public Health, upon request. b. Worker’s compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. c. This coverage shall extend to any subcontractor that does not have their own worker’s compensation and employer’s liability insurance. d. The Contractor expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. e. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Contractor. 11. Independent Contractor. The Contractor and the County agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. The Contractor specifically has the right to direct and control Contractor’s own activities, and the activities of its subcontractors, employees, agents, and representatives, in providing the agreed services in accordance with the specifications set out in this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded County employees by virtue of the services provided under this Agreement, including, but not limited to: retirement, vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits; fringe benefits; or any other rights or privileges afforded to Jefferson County employees. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 12. Subcontracting Requirements. a. The Contractor is responsible for meeting all terms and conditions of this Agreement including standards of service, quality of materials and workmanship, costs, and schedules. Failure of a subcontractor to perform is no defense to a breach of this Agreement. The Contractor assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. b. Every subcontractor must agree in writing to follow every term of this Agreement. The Contractor must provide every subcontractor’s written agreement to follow every term of this Agreement before the subcontractor can perform any services under this Agreement. The Public Health Director or their designee must approve any proposed subcontractors in writing. c. Any dispute arising between the Contractor and any subcontractors or between subcontractors must be resolved without involvement of any kind on the part of the County and without detrimental impact on the Contractor’s performance required by this Agreement. 13. Covenant Against Contingent Fees. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide ITEM 11 employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the County shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. Discrimination Prohibited. The Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, gender, sexual orientation, material status, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 15. No Assignment. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 16. Non-Waiver. Waiver by the County of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 17. Termination. a. The County reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Contractor. b. In the event of the death of a member, partner, or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Contractor and the County, if the County so chooses. c. The County reserves the right to terminate this contract in whole or in part, with 10 days’ notice, in the event that expected or actual funding from any funding source is withdrawn, reduced, or limited in any way after the effective date of this agreement. In the event of termination under this clause, the County shall be liable for only payment for services rendered prior to the effective date of termination. 18. Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Jefferson County Risk Management P.O. Box 1220 Port Townsend, WA 98368 Notices to Contractor shall be sent to the following address: _____________________________________ _____________________________________ _____________________________________ 19. Integrated Agreement. This Agreement together with attachments or addenda represents the entire and integrated Agreement between the County and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No representation or promise not expressly contained in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, by the County within the scope of this Agreement. The Contractor ratifies and adopts all statements, representations, warranties, covenants, and agreements contained in its proposal, and the supporting material submitted by the Contractor, accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 20. Modification of this Agreement. This Agreement may be amended only by written instrument signed by both County and Contractor. ITEM 11 21. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of this Agreement shall be submitted in writing within 10 days to the County Risk Manager, whose decision in the matter shall be final, but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall bear the cost of its own attorney’s fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The Contractor hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 22. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 24. No Oral Waiver. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 25. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties’ successors in interest, heirs, and assigns. 27. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by this Agreement without the express written consent of the County. 28. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 29. Signature in Counterparts. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement shall have the same force and effect as if all the parties had signed the original. 30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 31. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, the Contractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Contractor further agrees that upon receipt of any written public record request, Contractor shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. (SIGNATURES FOLLOW ON THE NEXT PAGE) ITEM 11 JEFFERSON COUNTY WASHINGTON Board of County Commissioners Jefferson County, Washington By: __________________________________ Heidi Eisenhour, Chair Date By: __________________________________ Kate Dean, Commissioner Date By: __________________________________ Greg Brotherton, Commissioner Date SEAL: ATTEST: _______________________________________ Carolyn Galloway Date Clerk of the Board Approved as to form only: ________________________________________ Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney CONTRACTOR By: ____________________________ Signature Name: _________________________ Title: __________________________ Date: __________________________ ITEM 11 Department of Community Development April 15, 2022 A Tribal Element in the Jefferson County Comprehensive Plan? This information item is distributed to the Planning Commission to share the idea of enhancing our relationships with tribal entities through the joint development of a Tribal Element in the Jefferson County Comprehensive Plan. _________________________________________________ Prior to the arrival of European settlers and explorers, the area that is now Jefferson County was home to several Native American groups (First People), including the Chemakum, Hoh, Klallam, Suquamish, Makah, Quileute, Quinault, and Twana Tribes. Permanent village sites and activity areas were concentrated near ocean and riparian resources for food access and mobility. The primacy of these First People to Jefferson County is preserved in place names throughout the county. The Hoh and Quinault tribal nations still occupy land in West Jefferson County. Successors of the Klallam Tribe have sovereign lands in adjoining Clallam County (Lower Elwha Klallam Tribe and Jamestown S'Klallam Tribe) and adjoining Kitsap County (Port Gamble S’Klallam Tribe). A successor to the Twana Tribe, the Skokomish Tribe, has its tribal nation in adjoining Mason County. There is an enduring link to tribal cultural traditions; and contribute to a sense of place. This link is also important for Jefferson County because of the often forward-looking tribal perspective that is provided on many current issues. (Excerpts from Jefferson County Comprehensive Plan) _________________________________________________ The Comprehensive Plan is rich with opportunities to develop closer relationships with tribal nations, including policies to work cooperatively and collaboratively with tribes to address issues such as development plans and protection of cultural resources and aquatic resources, preservation of high- priority culturally significant sites, and local economic development strategies. There issues can be complex—and that’s the kind of work that can be framed in a comprehensive plan element. Broad- based participation with tribes can help Jefferson County with the often forward-looking tribal perspective. From the Collection of the Jefferson County Historical Society ITEM 12 JEFFERSON COUNTY PLANNING COMMISSION STAFF REPORT TO: Jefferson County Planning Commissioners Brent Butler, Director, Department of Community Development FROM: Bryan Benjamin, Assistant Planner, Department of Community Development DATE: April 20, 2022 SUBJECT: Development Moratorium Affecting Pre-1971 Plats - Ordinance No. 09-1210-21 Legal Lot of Record Outreach - StoryMap STATEMENT OF ISSUE: This report presents an outreach tool – the Jefferson County StoryMap - as a way of illustrating the impact of development of the county’s Legal Lots of Record frequently referred to as “Old Plats”. As mentioned, these legal lots, if developed, may exceed the base zoning density of one dwelling unit per five acres by more than tenfold. In many instances, this will have impacts throughout the county on a range of public benefits or community interests such as shellfish harvesting and the rural community lifestyle through suburbanization, sprawl, and pollution of the county’s waterways and byways. Many Jefferson County residents may not understand the impact of this development on a large scale so the Department of Community Development conducted outreach to various groups, as more fully set forth below, to better understand how best to understand potential impacts, and to portray them. This presentation is intended to assist the Planning Agency (Planning Division and Planning Commission) identify key considerations for eventual inclusion in our Jefferson County StoryMaps, a community education tool. Further, the report explains the methodologies used to analyze available data and produce maps, an ESRI product. The intent is to prepare the Commission to provide feedback on the draft StoryMap product prior to its publication. BACKGROUND The Department of Community Development (DCD) has held ten legal lot of record advisory meetings since December 2021. The purpose of these meetings was to generate guidance on public outreach approaches and deliverables through County and stakeholder input. The County Advisory Team (CAT) consists of representatives from DCD, Department of Public Health, the Assessor’s Office, and Central Services. Stakeholder input was generated through DCD led meetings with local Real Estate Brokers and public comments. MONTH DATES HELD County Advisory Team Real Estate Brokers December 2021 Dec. 3, 10, 17 ITEM 14a January 2022 Jan. 7 and 14 Jan. 12 February 2022 Feb. 4 Feb. 9 March 2022 No meetings held* April 2022 Apr. 11 Apr. 13 Based on feedback gathered from these advisory meetings and from public comment, DCD understood that there is a gap in community knowledge concerning the purpose and regulatory context of Ordinance No. 09-1210-21. To respond to this concern, and to facilitate meaningful community input and participation in developing regulations that will replace the moratorium, DCD worked to produce an education and outreach deliverable called a StoryMap, which can be safely distributed during COVID-19. StoryMaps are an Environmental Systems Research Institute (ESRI) Geographic Information Systems (GIS) product that combines narrative text or imagery with interactive, web-based maps. The purpose of a StoryMap is to package complex geospatial analysis products—like maps and data—within a simple and intuitive project narrative. As a web-based product, anyone with internet can access the StoryMap and interact with data that otherwise requires specialized software and technical knowledge to access. ANALYSIS Two broad areas were identified through advisory meetings as needing to be clarified prior to community engagement on developing future regulations. First, the context of old plats needed to be assessed and presented to the public, including the State and local regulations affecting old plats as well as land use and development patterns that exist within them. Then, the potential for environmental impacts also needed to be assessed and presented. Five maps were developed to address the context and environmental impacts related to pre-1971 plats. Map 1: Location of pre-1971 Plats This map identifies the location of pre-1971 plats that are affected by the moratorium. The interactive web map allows users to adjust the scale and location to view all old plats within the County at lower or higher resolution. Further, by clicking on each old plat the user can view the following data: date recorded, plat area in acres, the number of parcels within the plat, the number of parcels designated for residential use, the number of developed parcels, and the percentage of undeveloped parcels. By viewing this data, users develop a plat-by-plat understanding of existing density and development opportunities in pre-1971 plats. Methodology: This map was developed by using existing GIS data collected and maintained by the County Assessor. To establish plat boundaries, parcel and land use data were queried based on legal description and each parcel was attributed to its corresponding plat. Land use codes and zoning were used to establish the number of residential parcels within each plat, and building permit data along with tax records were used to establish how many parcels in each plat contained residences. Map 2: Development Patterns and Land Use Development patterns are symbolized using the same data produced for the first map but presented in a way the illustrates where residences have already occurred and where capacity for further development exists. Existing residential development is symbolized in gray and areas of vacant land or property with no residential development are symbolized in light green. Methodology: This map contains the same information as Map 1 and shares its methodology. Changes to ITEM 14a symbology in Map 2 are not rooted in methodological difference. Map 3: A Closer Look at No Residential Development The third map developed further alters the symbology of maps 1 and 2 to show the continuum of development of areas denoted as vacant or without residential development. This map allows direct comparison with Map 2, and defines the range of development activities that may be included in the Department’s assessment of areas that are ‘Vacant or Not Residentially Developed’: vacant, non- residential structure only, septic system only, and septic and non-residential structure. Methodology: This map shares methodology with Maps 1 and 2. Changes to symbology are not rooted in methodological difference. Map 4: Concurrence of Pre-1971 Plats and Critical Areas As presented in prior research to the Planning Commission and the Board of County Commissioners, pre-1971 plats were created without consideration of critical areas. This means that pre-1971 plats are encumbered by critical areas in a manner that is not permitted by contemporary subdivision regulations. This map shows the extent of all critical areas that DCD currently uses to identify permitting requirements for development proposals. In addition, the boundaries of old plats are overlaid so that users can observe where old plats and critical areas (and their buffers) overlap. Additionally, the percentage of critical area coverage of the entire plat and the percentage of critical area coverage of vacant and not residentially developed parcels are available by clicking within each plat’s boundaries. Methodology: Data developed for Maps 1, 2, and 3, including plat boundaries and development status, was used directly in this map to create critical area coverage percentages. Plat boundaries and acreage were used to query the extent of total critical area coverage of the plat. Parcel boundaries within plats that are designated for residential use by land use code and zoning were used to calculate the percentage of vacant or not residentially developed parcels that are encumbered by critical areas. The critical area data was created by combining currently implemented critical area data and respective prescriptive buffers to create an agglomerated shapefile. Map 5: Non-Point Source Pollution and Water Quality In addition to critical areas regulated to DCD, our advisory meetings indicated the importance of demonstrating that high density development in rural areas creates long-term impacts to non-point source (NPS) pollution in the county. The State Department of Health has identified failing septic systems and other residential development related impacts, like stormwater and road runoff, as significant contributors to environmental pollution. Septic system failure is temporal in nature, meaning every septic system—even when properly operated and maintained—will eventually fail. Highly concentrated NPS pollution could degrade shellfish growing areas and critical habitats. This map, then, shows an overlay of: the location of pre-1971 plats, Jefferson County Department of Public Health water quality monitoring data, and DOH approved shellfish growing areas. The overlay illustrates both existing NPS pollution issues in pre-1971 plats as well as proximity between old plats and shellfish growing areas. Methodology: This map simply overlays shapefiles for pre-1971 plats, sites of confirmed NPS pollution, and DOH shellfish growing areas. Pre-1971 plat data is shared with Maps 1, 2, 3, and 4. ITEM 14a RECOMMENDATION: DCD requests feedback on three questions with regard to the draft StoryMap: • Do the StoryMaps provide a meaningful project narrative that prepares the public to engage in regulatory solutions? • Are there topics excluded from the current analysis that the Commission would like to see addressed in the StoryMap? • Are there any additional comments on the contents of the narrative of maps, e.g. language alterations of mythological improvements ITEM 14a JEFFERSON COUNTY PLANNING COMMISSION STAFF REPORT TO: Jefferson County Planning Commissioners Brent Butler, Director, AICP, Department of Community Development FROM: Joel Peterson, Associate Planner, AICP DATE: April 20, 2022 SUBJECT: Proposed Unified Development Code (“UDC”) Amendment for the Homeless Housing Facilities STATEMENT OF ISSUE: Jefferson County doesn’t have provisions in our code for temporary housing facilities for homeless or houseless citizens. The attached staff report entitled “Staff Report & State Environmental Policy Act (“SEPA”) Environmental Review: Proposal to Amend United Development Code” address this issue by evaluating the potential impacts from the proposed code amendment, reviews our environmental documents, Comprehensive Plan, and existing regulations. BACKGROUND Over the past twenty years, the City of Port Townsend has allowed a shelter in the Marvin Shield Veterans of Foreign War’s building in downtown. Beginning in 2019, the City of Port Townsend recognized increased need and converted the Fairground’s RV parking area to accommodate a tent encampment on a temporary basis After significant issues were raised by the surrounding community, including the Fairgrounds, Jefferson County worked with the City of Port Townsend collaboratively to relocate the use to a new site abutting the city limits. The COVID-19 pandemic increased the need for additional spacing between tents, and also provided the County with an opportunity to secure funding to purchase a site. ANALYSIS This staff report discusses the issues raised by relocating this specific site to just outside of the city limits and places the discussion and approvals within a countywide context that considers among other things equity, health and safety and the siting, establishment, and operation of temporary housing facilities. The Comprehensive Plan supports the goal of establishing these UDC regulations. ITEM 15a RECOMMENDATION: Staff recommends that the Planning Commission review the following documents: 1) the staff report, 2) the SEPA Checklist, 3) the line-in and line-out UDC amendment proposal (two copies are incorporated – one is incorporated in the staff report without the changes visible (red-line) and the other is a separate document that shows all of the changes since the last time this was before the Planning Commission (November 2021). Staff recommends that the Planning Commission hold a hearing on May 4, 2022 on this proposed Siting, Establishment and Operation of Temporary Housing Facilities Ordinance. ITEM 15a JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 | Web: www.co.jefferson.wa.us/communitydevelopment Tel: 360.379.4450 | Fax: 360.379.4451 | Email: dcd@co.jefferson.wa.us __________________________________________________________________________________________ SquareONE Resource Center | Building Permits & Inspections | Development Review | Long Range Planning STAFF REPORT & SEPA ENVIRONMENTAL REVIEW Proposal to Amend Unified Development Code • Chapter 18.20 JCC Performance & Use-Specific Standards • 18.15.040 JCC Categories of Land Use • Chapter 18.10 JCC Definitions April 20, 2022 INTEGRATED GROWTH MANAGEMENT ACT/ STATE ENVRIONMENTAL POLICY ACT ANALYSIS Environmental Review of a Non-Project Action ITEM 15a JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 | Web: www.co.jefferson.wa.us/communitydevelopment Tel: 360.379.4450 | Fax: 360.379.4451 | Email: dcd@co.jefferson.wa.us __________________________________________________________________________________________ SquareONE Resource Center | Building Permits & Inspections | Development Review | Long Range Planning STAFF REPORT & SEPA ENVIRONMENTAL REVIEW Proposal to Amend Unified Development Code • Chapter 18.20 JCC Performance & Use-Specific Standards • Chapter 18.10 JCC Definitions April 20, 2022 INTEGRATED GROWTH MANAGEMENT ACT/ STATE ENVRIONMENTAL POLICY ACT ANALYSIS Environmental Review of a Non-Project Action ITEM 15a Table of Contents 1. Fact Sheet 2. Project Summary 3. Environmental Summary 3.1. Introduction and Process 3.1.1. Adoption of Existing Environmental Documents 3.1.2. Level of Environmental Analysis 3.1.3. Process & Public Involvement 3.2 Proposed Amendment 4. Discussion of Outreach Issues 5. Additional Stakeholder Outreach 6. Review of Adopted SEPA Documents 6.1 1994 DEIS 6.2 1997/1998 DEIS/FEIS 6.3 2001 Glen Cove/Tri-Area Special Study 6.4 2018 Staff Rpt and SEPA Addendum for Periodic Review and Update of Comprehensive Plan 6.5 Discussion 7. Mitigation Measures and Conditional Use Permits 7.1 Approval Criterial for all Conditional Uses (JCC 18.40.330) 8. Cumulative Environmental Impact Analysis of Proposal 9. Summary of Impacts and Mitigation Measures ITEM 15a 9.1 Significant Unavoidable Adverse Impacts 9.2 Significant Areas of Controversy & Uncertainty 9.3 Issues to be Resolved 9.4 Environmental Choices to be Made—Options to be Preserved or Foreclosed by the Action 9.5 Effectiveness of the Mitigation Measures 10. Jefferson County Comprehensive Plan Goals and Policies—Evaluation of Compatibility with the Comprehensive Plan 10.1 Rural Character & Rural Development—GMA and Jefferson County Comprehensive Plan 10.2 Housing Element 11. Unified Development Code—Jefferson County Code 12. Conclusion 13. Criteria for Evaluation of Proposed Amendment—Required Findings 13.1 18.45.090 Findings for Board-Initiated UDC Amendment 13.2 Planning Commission & Board of County Commissioners Review of Growth Management Indicators and Required Findings 13.3 Required Findings for All Proposed Amendments 13.4 Criteria Governing Planning Commission Assessment 13.5 Takings Findings 13.6 Findings on The Record 14. Planning Commission Recommendation ITEM 15a 15. Attachments Attachment A – Public Notice Attachment B – SEPA Checklist ITEM 15a 1. Fact Sheet Title and Description of Proposed Action Pursuant to the Washington State Growth Management Act (GMA), the Jefferson County Board of County Commissioners (BoCC) is considering adoption of an amendment proposal to the Unified Development Code (UDC). The proposal is not site-specific. This document is a combined Staff Report and State Environmental Policy Act (SEPA) Analysis for the proposed UDC amendment. The objective of this document is to analyze the proposed amendment individually and cumulatively with regard to UDC amendment criteria outlined in Chapter 18.45 Jefferson County Code (JCC) and potential environmental impacts under SEPA. Adoption of the UDC amendment is a non-project action under SEPA and is not intended to satisfy individual project action SEPA requirements (i.e., the environmental review needed for future land use or building permit applications). Jefferson County Code 18.45.080 (1)(d) specifies that recommendations from the Planning Department and Planning Commission, and subsequent decision by the Board of County Commissioners on these proposed UDC amendments will come forward as “deny”, “approve” or “approve with modifications”. Proponent The Jefferson County Board of County Commissioners (BoCC) Lead Agency Jefferson County Department of Community Development (DCD) 621 Sheridan Street Port Townsend, WA 98368 SEPA Responsible Official: Brent A. Butler, AICP, Director Department of Community Development (360) 379-4450 Planner Joel Peterson, AICP, Associate Planner Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 (360) 379-4457 jpeterson@co.jefferson.wa.us Date of Staff Report April 15, 2022 Date of Initial SEPA DNS Threshold Det. April 15, 2022 ITEM 15a SEPA and Amendment Comment Period Comments on the SEPA Threshold Determination must be submitted to the Attn. MLA22-00035 Temporary Housing Ordinance, Department of Community Development, 621 Sheridan Street, Port Townsend, WA 98368, or via email to jpeterson@co.jefferson.wa.us, by Wednesday, May 4, 2022. A copy of the subsequent final threshold determination for the specific proposal may be obtained upon request. ------------------------------------------------------------------------------------------------------- PUBLIC HEARING Oral and written comments are welcome at the Planning Commission public hearing, 5:30 p.m. Wednesday, May 4, 2022. COVID-19 NOTICE: NO IN-PERSON ATTENDANCE ALLOWED (Per Jefferson County RESOLUTION No. 45-21) You can join this meeting by using the following methods: Zoom Meeting: Meeting ID: 886 7104 7253 Passcode: 894561 https://us02web.zoom.us/j/88671047253?pwd=OU8vTWZGWTVRRGNRVEQ 1c2k0WDVadz09 This option will allow you to join the meeting live. You will need to enter an email address. If you wish to provide public comment, click on the hand icon at the bottom of the screen to “raise your hand.”. Participation will be up to the Chair of the meeting Audio-only: For one tap mobile copy and paste: +12532158782,,88671047253#,,,,*894561# Please sign on 5 to 10 minutes before the official start of the meeting to check sound and video quality. This video will be closed-captioned enabled for persons with disabilities. ------------------------------------------------------------------------------------------------------- The Department of Community Development and the Planning Commission are accepting general comments on the merits of these suggested amendments to the UDC for Temporary Housing Facilities for unhoused people needing housing services. Written comments will be accepted by email or at Community Development office through May 4, 2022 at 4:30 PM. Any written comments on these suggested amendments submitted after the close of the public comment period will be forwarded to the Board of County Commissioners (BoCC) for consideration in its legislative decision. The BoCC may also hold a public hearing before taking action. Formal notice would appear in the Leader newspaper. Written comments on the proposal may be submitted to the Department of Community Development, Attn. Temporary Housing Ordinance, 621 Sheridan Street, Port Townsend, WA 98368 or via email to jpeterson@co.jefferson.wa.us. ITEM 15a Past Related Actions and Future Anticipated Actions The Board of County Commissioners adopted two emergency interim ordinances for “Interim Zoning Regulations for the Siting, Establishment, and Operation of Temporary Homeless Facilities in Unincorporated Areas of Jefferson County”: Ordinance No. 10-1221-20 and Ordinance No. 08-1213-21. Tentative Adoption Date A legislative decision from the BoCC on this proposal is anticipated to be completed June 13, 2022. A current project schedule can be requested from DCD. Appeal Information Issues relating to a GMA action are heard first by the Washington Growth Management Hearings Board. Location of Background Material Background materials and documents supporting the analysis are available for inspection at DCD from 9:00 a.m. to 4:30 p.m., Monday through Thursday. Materials can be access on-line at: https://test.co.jefferson.wa.us/WeblinkExternal/Browse.aspx?id=3434553&dbi d=0&repo=Jefferson ITEM 15a 2. Project Summary What is the proposed change to the Development Regulations? To establish regulations for the siting, establishment, and operation of temporary housing facilities for unhoused people needing emergency housing services. Jefferson County Code does not currently have permanent provisions addressing the establishment and operation of temporary homeless facilities. A new section in Chapter 18.20 JCC is added to the Unified Development Code (UDC) outlining standards to be met for temporary housing facilities using a Type II administrative Conditional Use Permit process. New definitions update Chapter 18.10 JCC. Past legislation that guides the County’s decisions on the current amendment proposal: County Legislation • Housing emergency declaration in 2017 • Joint Oversight Board. Interlocal Agreement between Jefferson county and the City of Port Townsend formed the Joint Oversight Board, tasked with creating a “five-year homeless housing plan”. This board established the Affordable Housing & Homeless Housing Task Force. • BoCC Interim Ordinance No. 10-1221-20 allowing Temporary Homeless Facilities • BoCC Interim Ordinance No. 08-1213-21 extending interim control for Temporary Homeless Facilities. State Legislation • ESHB 1754—Religious Organizations Hosting of the Homeless, June 11, 2020. Codified in RCW 36.01.290 – Hosting the homeless by religious organizations—When authorized—Requirements—Prohibitions on local actions. • WAC 51-16-030 Exemptions for indigent housing guidelines (exemptions from state building code requirements). ESSHB 1220—Emergency Shelters and Housing—Local Planning and Development. July 25, 2021 ITEM 15a Housing Documents • Homeless Housing Strategic Plan, WA Department of Commerce • Jefferson County Five-Year Homeless Housing Plan, Making Homelessness a Singular Occurrence—Homeless Crisis Response and Housing Five-Year Plan for Jefferson County, WA. Background On December 12, 2020, the Board of County Commissioners enacted interim zoning controls through Ordinance No. 10-1221-20, “An Ordinance Adopting Interim Zoning Regulations for the Siting, Establishment, and Operation of Temporary Homeless Facilities in Unincorporated Areas of Jefferson County.” Jefferson County does not have permanent provisions addressing the establishment and operation of temporary homeless facilities. This emergency ordinance allows tent and tiny house encampments as a temporary mechanism for providing shelter for homeless individuals and families, 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. Interim zoning also allows qualifying religious organizations and registered not-for-profit, tax exempt 501(c)(3) organizations the opportunity to establish and operate temporary homeless facilities. Although the term of the interim ordinance was close to expiring, Jefferson County found that additional community outreach and coordination with local housing organizations and stakeholders would benefit the outcome of the final ordinance. A subsequent interim control was put into place to extend the moratorium for an additional six months. On December 13, 2021, the interim control was renewed with Ordinance No. 08-1213-21 “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 Regulations for the Siting, Establishment, and Operation of Temporary Homeless Facilities in Unincorporated Areas of Jefferson County.” These ordinances were a stop-gap measure to provide the County with an opportunity to study the issues concerning the establishment and operation of temporary homeless facilities and ITEM 15a prepare appropriate revisions to the County’s codes and regulations. The interim controls are employed not only to protect health, safety, and welfare of Jefferson County Citizens but also 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. How Are Development Regulations Changed? Amendments to the implementing regulations can be proposed at any time by the BoCC or Planning Agency when they are consistent with the Comprehensive Plan (JCC 18.45.090). As part of the Board of County Commissioners emergency ordinances, the Board directed DCD to proceed with a permanent UDC amendment for temporary housing facilities, pursuant to JCC 18.45.090. How Do We Evaluate the Effects of a Change in the Development Regulations? The State Environmental Policy Act process and Growth Management Act process is integrated for creation and adoption of comprehensive plans and development regulations. The SEPA process is supplementary to other governmental decision-making processes, including the processes involved in creating and adopting comprehensive plans and development regulations under the Growth Management Act (GMA). The thoughtful integration of SEPA compliance with the overall effort to implement GMA will provide understanding and insight of significant value to the choices growth management requires. How Does a Conditional Use Permit Allow More Intense Development and Provide More Protections? Some uses may be appropriate in a zoning district only if they meet certain conditions. Conditional Use Permits allow flexibility and modification of the standards to ensure compatibility with local conditions. A conditional use permit does not change the zoning or allowed uses in a zoning district. All uses must be consistent with the purpose of the land use district in which they are proposed to occur. Is the proposal consistent with the Comprehensive Plan? ITEM 15a Development impact levels were examined in the Jefferson County Environmental Impact Statements, and subsequent Comprehensive Plan Goals and Policies were established. The Comprehensive Plan includes Goals and policies for developing housing solutions in the County. These policies are implemented in part through the Unified Development Code. This analysis finds the proposed amendments to be consistent with the Comprehensive Plan. What does this document do? This report evaluates environmental documents, Comprehensive Plan Goals and Policies, and considers mitigating measures that are intrinsically part of the Unified Development Code, as well as considering the conditional use permit process and how mitigating measures can be tailored to each site-specific project. 3. Environmental Summary 3.1 Introduction and Process Amendments to development regulations are “actions” as defined under State Environmental Policy Act (SEPA). SEPA review can be integrated with other governmental decision-making procedures such as those under the Growth Management Act (GMA), and is supplementary to those procedures for amending development regulations under GMA. (See WAC 197-11-210 through 197-11-235, SEPA/GMA integration procedures.) The thoughtful integration of SEPA compliance with the overall effort to implement the act will provide understanding and insight of significant value to the choices growth management requires (WAC 365-196-620(2)(a)). 3.1.1 Adoption of Existing Environmental Documents The following existing environmental documents have been adopted through legal notice published in the Port Townsend & Jefferson County Leader newspaper on April 20, 2022 State Environmental Policy Act Documents Adopted Year State Environmental Policy Act Document Description 1997-1998 Draft and Final Environmental Impact Statements (DEIS/FEIS) and addenda prepared in anticipation of adoption of the Comprehensive Plan in 1998. The DEIS ITEM 15a Year State Environmental Policy Act Document Description and FEIS are dated February 24, 1997 and May 27, 1998, respectively, and examined the potential cumulative environmental impacts of adopting alternative versions of the Comprehensive Plan. 6/30/1999 8/18/1999 Draft Supplemental EIS (DSEIS)--Comprehensive Plan 1999 Amendments (Task III of Tri-Area/Glen Cove Special Study) Final Supplemental Environmental Impact Statement. Jefferson County Comprehensive Plan 1999 Amendments. Tri-Area/Glen Cove Special Study Task IV. 6/11/2001 Glen Cove/Tri-Area Special Study Supplemental EIS Final Decision Document, June 11, 2001 2002 Integrated Growth Management Act/State Environmental Policy Act Document Environmental Review of a Non-Project Action: Draft Supplemental EIS August 21, 2002, to Supplement the Comprehensive Plan Draft and Final EIS (1997) and Comprehensive Plan 1999 Amendments Draft and Final SEIS. November 25, 2002 Integrated FSEIS 2002 Amendment Docket. This FSEIS was appealed before the Western Washington Growth Management Hearings Board (WWGMHB) of which the WWGMHB issued a Final Decision and Order (FDO) and remanded it back to the Department for additional environmental review. The county hired Wheeler Consulting, to prepare additional environmental review based on the FDO. A DSEIS to the 2002 CPA SEIS was issued on March 3, 2004. A FSEIS to the 2002 CPA SEIS was issued on May 12, 2004 as part of the review and in consideration of MLA02-00235. 2003 Staff Recommendation and Environmental Analysis with Regard to the Adoption of Four Proposed Site-Specific Amendments to the 1998 Jefferson County Comprehensive Plan. SEPA Addendum August 6, 2003. Sept. 17, 2003 SEPA Addendum for Suggested Amendments 2004 2004 Staff Report and SEPA Addendum to 1998 EIS for UGA Amendments to the Comprehensive Plan issued May 19, 2004. 2004 2004 Comprehensive Plan Amendment Docket Department of Community Development Integrated Staff Report and SEPA Addendum issued September 22, 2004. 2005 Integrated GMA/SEPA Addendum Staff Report, August 3, 2005. Incorporated by reference: 1998 DEIS/FEIS and 2004 Addendum. 2006 Integrated GMA/SEPA Addendum Staff Rpt., July 19, 2006 2007 SEPA Addendum, adopting by reference 2004 Staff Report and SEPA Addendum for UGA Amendments to the Comprehensive Plan issued May 19, 2004 and 2004 Comprehensive Plan Amendment Docket Department of Community Development Integrated Staff Report and SEPA Addendum issued September 22, 2004. ITEM 15a Year State Environmental Policy Act Document Description 2008 Integrated GMA/SEPA Addendum Staff Report, September 3, 2008. Adopted by reference: 1998 DEIS/FEIS, and environmental documents from 2004, 2005, 2006, and 2007 environmental review 2009 Integrated GMA/SEPA Addendum Staff Report, September 2, 2009. Adopted by legal notice: 1998 DEIS/FEIS, September 22nd Staff Report 2004, 2005, 2006, 2007, 2008, "and all supplementary information…supporting record, analyses, materials." 2010 Integrated GMA/SEPA Addendum Staff Report, September 2010. 2013 Integrated GMA/SEPA Addendum, Staff Report September 4, 2013. Adopted by reference all previous SEPA documents. 2015 Staff Report & SEPA Environmental Review, Proposal to Amend Unified Development Code, JCC 18.30.150 Sign Code, October 29, 2015. Integrated Growth Management Act/State Environmental Policy Act Analysis, Environmental Review of a Non-Project Action. 2018 Jefferson County Comprehensive Plan Update 2038 SEPA Addendum to 1998 Draft and Final Jefferson County Comprehensive Plan Environmental Impact Statements and subsequent Supplemental EISs and Addenda. April 4, 2018 Source: Jefferson County 2022 3.1.2 Level of Environmental Analysis This document provides both a qualitative and a quantitative analysis of environmental impacts as appropriate to the general nature of the code amendment proposal. The adoption of UDC amendments is classified under SEPA as a non-project action involving decisions on policies, plans, or programs (WAC 197-11-704) and a broader environmental analysis is applied here than to those applied to permit review of a site-specific project. This analysis is using the phased review concept (197-11-060(5)) and integrates the broad analyses of the adopted documents to review the current proposed action. 3.1.3 Process & Public Involvement The Board of County Commissioners issued an emergency interim ordinance and SEPA Environmental Checklist on December 21, 2020. The Board of County Commissioners discussed the UDC Amendment in open session and directed the Department of Community Development (DCD) to proceed with developing a final ordinance implementing the regulations ITEM 15a for siting, establishment, and operation of temporary housing facilities. Following JCC 18.45.090(1)(a), DCD can proceed with a UDC amendment outside of the annual amendment cycle as a Board-sponsored UDC amendment. DCD has updated the emergency ordinance SEPA Checklist and issued a Determination of Nonsignificance (DNS). A threshold decision is required for any proposal which meets the definition of action and is not categorically exempt (WAC 197-11-310). A threshold decision means a decision by the responsible official of the lead agency whether or not an Environmental Impact Statement (EIS) is required for the proposal. DCD has reviewed the proposed amendments and issued by public notice a Determination of Non-Significance (DNS) on April 20, 2022. A threshold determination shall not balance whether the beneficial aspects of a proposal outweigh its adverse impacts, but rather, shall consider whether a proposal has any probable significant adverse environmental impacts (WAC 197-11- 330(5)). The DNS determination considers the action as causing no probable significant adverse environmental impacts. No action may be taken on the proposal during a 14-day comment period on the SEPA threshold decision. Based upon comments that may be received, a threshold determination can be withdrawn and re-issued, or finalized. Within the same public notice, DCD issued the GMA-required 60-Day Notice of Intent to Amend the Unified Development Code and notice of a public hearing at the Planning Commission on May 4, 2022. The Planning Commission and the DCD will take public comment on the SEPA determination and the proposed amendment through May 4, 2022. Any comments received after that date will be forwarded to the Board of County Commissioners for their consideration before they make a final legislative decision on the proposal. After the public hearing, the Planning Commission will make findings and prepare a recommendation to the BoCC. ITEM 15a 3.2 PROPOSED AMENDMENT New Section in Chapter 18.20 JCC Performance and Use Specific Standards Purpose: To establish regulations for the siting, establishment, and processing of applications for temporary homeless facilities in unincorporated Jefferson County, in conformity with the responsibility to meet public health, safety, and welfare requirements without substantial adverse impact on the residential environment and rural character in the vicinity. (1) Requirements. The following requirements shall apply to all temporary housing facilities approved under this ordinance, unless modified by the director through approval of a Type II conditional administrative use permit. (a) The facility shall be located following the setback requirements set forth in Chapter 18.30 JCC, provided that the required setbacks may be modified by the Director if site conditions require alternate setbacks to conform with the purpose and related site requirements in this Section. (b) No temporary housing facility shall be located within a critical area or its buffer as defined by Chapter 18.22 JCC. (c) A temporary housing facility shall comply with the applicable development standards of Title 18 JCC, except that temporary housing facilities shall not be considered structures for the purposes of calculating parcel's total lot coverage. (d) A perimeter plan shall be developed for the facility that accounts for site screening from neighboring land uses and which limits access to the site for safety and security reasons; provided, that the screening does not create a sight obstruction at the street 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 additional screening would not be needed. Screening material may include fencing, landscaping or other site-specific methods approved by the Director. (e) Exterior lighting must be directed downward and glare contained within the temporary facility. ITEM 15a (f) The maximum number of residents at a temporary facility site shall be determined by the director taking into consideration site conditions. (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 shared parking agreement is executed with adjacent properties. (h) A transportation plan, including provisions for transit, and pedestrian and bicycle ingress and egress to the facility, shall be submitted for review and approval. (i) No children under the age of 18 are allowed to stay overnight in the temporary facility, unless accompanied by a parent or guardian. If a child under the age of 18 without a parent or guardian present attempts to stay at the facility, 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 entry, grievance, and denial of service policies, which not only provides for the health, safety and welfare of the temporary facility residents, but also mitigates impacts to neighbors and the community. A copy of the policies shall be submitted to the County at the time of application for the administrative use permit. Said policies shall be incorporated into the conditions of approval. The managing agency shall post the County approved policies on site. The sponsor or managing agency shall implement a community-driven code of conduct to implement said policies. (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 housing facility and the community in general. (l) The sponsor and the managing agency shall ensure compliance with Washington State laws and regulations and the Jefferson County Health Department's regulations concerning, ITEM 15a 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, including but 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 facility 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 collecting trash shall be provided on-site throughout the facility. A regular trash patrol in the immediate vicinity of the temporary facility site shall be provided. (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 facility residents and use the identification to obtain sex offender and ITEM 15a 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 facility. This log shall be available upon request to law enforcement agencies and prospective facility residents shall be so advised by the sponsor and managing agency. (r) The sponsor and the managing agency shall immediately contact the Jefferson County Sheriff’s Office if someone is rejected or ejected from the facility 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. (s) An emergency locator address shall be obtained by permit from Department of Community Development to address the facility for emergency response. (t) The sponsor, the managing agency and temporary facility residents shall cooperate with other providers of shelters and services for homeless persons within the County and shall make inquiry with these providers regarding the availability of existing resources. (u) The sponsor and/or managing agency shall provide before-facility photos of the host site with the application. Upon vacation of the temporary facility, all temporary structures and debris shall be removed from the host site within one calendar week. (v) Upon cessation of the temporary facility, 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. (2) Construction and Life Safety Requirements (a) All bedroom shelters and common use structures shall be subject to periodic inspections by the fire code official and/or fire marshal per Section 104 of the 2018 International Fire Code. An inspection of the entire site, including structures, as necessary, will be conducted prior to any extensions of the Temporary Use approval. (b) One operable window allows for user-controlled ventilation. Window must meet egress requirements and be located on a separate wall from the door. ITEM 15a (c) Doors and Windows; No locks or latches that might inhibit an emergency escape from within the unit. A single cylinder deadbolt lock or lever-handled door latch is permitted, as long as it does not require the use of a tool or key to lock or unlock it from inside the unit. (d) Tents must meet a minimum distance of ten feet apart, Wooden tents and buildings a minimum of five feet or more apart. RV’s a minimum of five feet or more apart, applies to awnings. If mixed use then the most restrictive distance applies. (e) Combination Smoke/Carbon Monoxide detector with 10-year lithium batteries. shall be provided and maintained within each bedroom shelter; (f) Fire Extinguisher. with a minimum rating of 1-A:10-B:C for each structure to be inspected yearly per IFC will be provided in all wooden tents and community buildings. (g) Cooking only allowed in cooking/dining shelter. No fuel gas appliances or equipment in units. (h) Fire truck access and turn-around is provided by the existing roadways and hammer- head turn-around. (i) If there is a gate to an encampment, an established Knox box with a master key will be provided for the Fire Department. If the buildings have locks, a master key to all units will be placed in a Knox box for East Jefferson Fire Rescue. (j) No smoking, lighted candles (including hot plates), burning of incense or flames is permitted within any tents, wooden tents. or other type of flames. Must have a separate dedicated smoking area. (k) Combustible waste material shall be controlled in accordance with the 2018 International Fire Code Section 304. (l) Wooden tents/Emergency Shelters; exterior porch style light required if dusk to dawn exterior lighting not provided, must be hard wired with outlets, in wall mounted heaters or free-standing heaters that meet national standards such as UL and Auto tilt shut off. All wooden tents/emergency shelters must be permanently affixed with an “Emergency Shelter” label on the door frame of each unit. (m) Class C interior fire rating (painted plywood), or drywall. ITEM 15a (n) Clear numbering of all individual units labeled on the exterior of unit. (o) The fire marshal or fire code official may determine that hazardous environmental conditions warrant the temporary restriction or prohibition of smoking or vaping per International Fire Code Section 310.8. (p) All structures will be provided with a landing with steps and a handrail when necessary. (q) Wooden tent/emergency shelter and community buildings must have a door with a minimum opening of 32 inches. (r) Common use structures like restrooms, bathing facilities or kitchens must be labeled by Labor and Industries or built to International Code requirements and permitted with Jefferson County. All emergency shelters will be supported by a temporary foundation as approved by the building official. (3) Frequency and duration -of temporary housing facilities. (a) Each facility will be limited in its service capacity to the number of people that the site can accommodate, as determined by the Director. Multiple facility 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 facilities 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-facility condition. (d) Temporary tiny house villages 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 grant two or more extension(s) not to exceed two additional years. Extensions are subject to a Type II review process in accordance with JCC 18.40.270 ITEM 15a 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-facility condition. (4) Permit required. Establishment of a temporary homeless facility shall require approval of 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. (5) 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 perimeter plan for the proposed facility, 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 policies for entry, grievance, and denial of service, 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 facility residents and to use the identification to obtain sex offender and warrant checks from appropriate agencies; ITEM 15a (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 facility; (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. (6). Permit Procedures. (a) Notice. All temporary homeless facility applications shall be reviewed under a Type II process under 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 facility, and contain a County website link to the proposed policies for entry, grievance, and denial of service, operations plan and transportation plan for the facility. (b) Decision and Notice of Decision. Final action on permit applications made under this section shall 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 facility 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 ITEM 15a as the duration of the facility will be limited. A notice of the decision shall be provided in accordance with Title 18 JCC. (c) Conditions. Because each temporary facility 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 to protect 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 facility 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 facility 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 facility 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 facility residents and the neighboring communities. Modifications shall not be granted if their adverse impacts on facility residents and/or neighboring communities will be greater than those without modification. The burden of proof shall be on the applicant. (7) Appeal. The director's decision may be appealed to the hearing examiner as provided in Title 18 JCC. (8) Revocation. The director shall have the authority to revoke an approved administrative use permit, pursuant to Title 18 JCC at any time a sponsor or managing agency has failed to comply with the applicable provisions of this ordinance or permit. ITEM 15a 4 DISCUSION OF OUTREACH ISSUES The proposed ordinance does not address temporary housing facilities on an individual property without being sponsored by a religious organization or not for profit organization. The requirements for a sponsor and managing agency with the ability to establish and manage a facility of this type precluded individual landowners not connected to public services from establishing small, site-based facilities. The need for low barrier housing, safe haven temporary shelter and services to hard-to-serve individuals was discussed. There is an identified need to evaluate how the restrictions to entry may miss a population needing service. Safe parking areas was not incorporated into the code because RCW 36.01.290 Hosting the homeless by religious organizations—When authorized—Requirements—Prohibitions on local actions establishes this use already. Several areas of review summarized in the table below were repeatedly highlighted in public comments. Public Comment Summary SUBJECT RECOMMENDATIONS RESPONSE Duration of Temporary Shelters on Site Allow a longer time temporary shelter to remain at a location because of the initial financial costs to develop the site. The villages are a community resource, and expanding time limits will provide a longer life to fully achieve their value to the community, and provide additional time to build and fund them, to invest in them. Temporary siting requirement allows residential structures without conformity to the standards of permanent residential development. Unlimited, annually renewable permits without limitations creates a functionally permanent land use. ITEM 15a Number of People Allowed in Facility Current ordinance proposes limit of people which is inadequate to address our county's unsheltered population. Increase the number of unsheltered individuals allowed in permitted facilities so fixed costs can be shared among more individual units--better cost/benefit. Numbers of people needing shelter will likely continue to grow. Proposal provides that any limitations in the number of residents will be determined on a case by case basis and be based on available services and site conditions. Ensure Number of People Allowed in Facilities County-Wide Meets Need, and Number/Type of Facilities Meets Need Ensure the number of people allowed in temporary housing facilities county-wide is sufficient to meet the need for these facilities. We need multiple small temporary facilities that are easy to negotiate for unsheltered individuals. Investigate additional methods of assessing the need for temporary housing facilities in response to the question of what should be included in the ordinance. Expand the types of emergency shelters/temporary housing facilities that are permitted. Investigate safe car park examples as planned by QUUF and New Life Church. Take into account the placement rates of temporary facility residents into permanent housing. Do further research regarding single family-sponsored temporary housing. Concern expressed regarding difficulty getting permit compliance for those in in tiny houses Proposal provides flexibility in the number of temporary housing facility residents. Proposal allows multiple temporary and emergency shelter locations as appropriate to the scope of need in the County. ITEM 15a on wheels/Recreation Vehicles type of situation. Rules of Conduct at Facilities Ensure residents and managing agency both have a role in establishing rules of conduct within some minimum County code of conduct requirements. It encourages stronger commitments by the residents to follow the rules they help to develop. Incorporate minimum standards for code-of-conduct into the ordinance. Ordinance requires sponsor or managing agency to develop and enforce policies for entry, grievance, and denial of service. Also requires sponsor or managing agency to implement a community-driven code of conduct to implement the policies. Definitions Replace “Temporary Homeless Facilities” with “Temporary Housing Facilities”. Do not refer to shelters offered in temporary housing facilities as tiny homes or houses, as they are not either. Consider "tiny shelter villages", as applicable. Replace term "encampment" with "facility" each occurrence for consistency, and to avoid potential prejudicial term. Changed terminology for shelters in temporary housing facilities to match State definitions. The use of terms ‘tiny home’ and ‘tiny house’ are changed in the permanent ordinance to ‘shelter’. Changed the title of the ordinance to ‘Temporary Housing Facilities’ from ‘Temporary Homeless Facilities’ and in all instances in the ordinance. Encampment changed to facility in all instances in ordinance. ITEM 15a Kitchen/Cooking Facilities/Food Handling Provide greater clarity in the ordinance as to types of uses and the concomitant kitchen and food preparation requirements. Include requirements for donor kitchens. Allow kitchens to be regulated more like residential facilities rather than commercial facilities to keep costs down and provide a more congenial setting. Proposal ensures compliance with State and local health and food safety standards in shared kitchen facilities. DCD received input from the Department of Environmental Health and the JCPH Food Team, state requirements must be applied stand based on type of use. Ordinance Be Responsive to Needs, and Reflect Needs of Unsheltered Neighbors The County should create an ordinance that is responsive to the needs of our unsheltered neighbors; and reflect a compassionate response from our greater community. The purpose of the ordinance intends to address the need for temporary housing facilities. Site Planning & Conditions Rather than requiring perimeter fencing, consider fencing as one of several ways to meet objectives of an overall security plan. Security plan to be submitted by the managing agency to consider both the specific site conditions and the population being served. Fencing may or may not need to be required, or fencing may be of a different kind and quality. "Fencing as needed". Fencing may not be most effective screening, buffering, or security method. Fencing can be prohibitively expensive. Fencing may imply a barrier is needed between village and neighborhood. Reduce setback requirements. Simplify parking Setback requirements decreased to match standard setback requirements for site development. On-site parking requirements ensures that sponsor/service provider parking is available. Ordinance allows case-by-case flexibility for requirements of parking. The ordinance encourages equitable outcomes in siting as a criterion in the evaluation of the proposals for facilities. ITEM 15a requirements. Locate facilities so they are equitably near goods & services. Siting of facilities in areas where services and public transportation are absent is discriminatory in its effect. Consider Low Barriers to Entry to Keep Facilities Accessible Temporary housing facilities are a serious need in our community and we need to lessen the barriers to providing housing in the most reasonable way possible. Barriers to entry are proposed by the sponsor & managing agency for approval by the Director. Edit Code of Conduct Language in Ordinance Edits to code of conduct subsection (j)-- remove "written". Add The code of conduct shall “meet...” Replace requirement for a “top-down” code of conduct with a community- driven code of conduct The code of conduct requirement could be replaced with entry, grievance, and denial of service policies. The written code of conduct sets a minimum standard for health and safety of facility residents and neighboring uses. Minimum conduct standards can be supplemented by community- driven code of conduct. DCD considered procedures for entry, grievances, and termination of service instead of current requirements. Investigate Level of Mental Health Support Services Available In some cases, lack of housing is a result of the lack of mental health support services. Ordinance requires facilities to be connected to social services. ITEM 15a Investigate Where the Housing Opportunities Are After Leaving Temporary Housing Facilities Lack of access to affordable rental housing is increasing. Emergency housing facilities are only the first step toward permanent affordable housing. Unsheltered residents of the emergency facility should not be in danger of being put back on the street, returning to substandard conditions while waiting for permanent affordable housing. There is a concern that there may be insufficient 5 Additional Stakeholder Outreach Safe Parking & Hosting Homeless by Religious Organizations RCW 36.01.290 A religious organization may host the homeless on property owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings. A county may not enact an ordinance or regulation or take any other action that imposes conditions other than those necessary to protect public health and safety and that do not substantially burden the decisions or actions or a religious organization regarding the location of housing or shelter. Such as an outdoor encampment, indoor overnight shelter, temporary small house on-site, or vehicle resident safe parking, for homeless persons on property owned or controlled by the religious organization. Community Development did not recommend any additional regulations for religious organizations hosting homeless or vehicle residents. Jefferson County Sheriff’s Office Issues discussed with Sheriff Joe Nole included trespassing bad actors from a facility, differences in warrants for arrest, differences in sex offenders, and how this would work in the proposed regulations found in the interim ordinances. Section 4(q) provides that “the sponsor and the managing agency shall take all reasonable and legal steps to obtain verifiable identification information to include full ITEM 15a name and date of birth, from current and prospective facility residents and use the identification to obtain sex offender and warrant checks from appropriate agencies…” The Sheriff explained that a warrant removal seldomly occurs. There are differences in warrants—some as extradition warrants from other jurisdictions, or Jefferson County warrants for reasons that are non-threatening. A law enforcement officer doesn’t always act on all warrants. Sex offender status is not typically found on a third-party background check. A Level 1 offender is the lowest risk to re-offend and is a low threat to a population. Other sources report that low-level sex offenders are regularly lumped together with high-risk offenders and often become homeless because of the difficulty finding housing, thus creating a downward spiral that is difficult to recover from, until the time their record can be expunged. Section 4(r) provides that “persons who have active warrants or who are required to register as sex offenders, are prohibited from the encampment’s location.” The Sheriff’s observation is that this is too much of a blanket statement and isn’t reflective of the way the warrant and sex offender information is handled by law enforcement agencies. It was recommended that Section 4(r) be deleted entirely. Building Official Temporary housing facilities are typically designed to be constructed to meet residential building code standards. Washington Administrative Code provides exemptions for indigent housing guidelines at WAC 51-16-030. “Cities and counties are permitted the option of adopting exemptions from the state building code requirements for buildings whose character of use or occupancy has been changed in order to provide housing for indigent persons. A building committee derived some basic fire, life and safety standards that shall be applied to temporary housing facilities. These were added to the draft code. 6 Review of Adopted SEPA Documents As part of this environmental and Comprehensive Plan analysis for the proposed amendment, the environmental analyses below were adopted into this analysis and reviewed. These ITEM 15a Environmental Impact Statements and SEPA Addendums were done by Jefferson County as a phased environmental review process, with subsequent reviews building upon each other and reviewing project and non-project proposals at the level of specificity that the project offered. For this proposal, they were reviewed to identify whether impacts from temporary housing facilities were directly evaluated; what level of evaluation had been done, and how those results inform the current evaluation for the level of impacts that were found to be already mitigated through implementing regulations (the UDC). Generally, we find that temporary housing facilities were indirectly considered through ongoing planning and discussion about housing issues in Jefferson County. Along with zoning, the EIS and Addendum documents suggest that conflicts between land uses can be addressed in implementing regulations. 6.1 Draft Environmental Impact Statement for the Jefferson County Comprehensive Plan Implementing Ordinance, February 1994. This EIS was done during the County’s Interim Zoning Ordinance to apply land use controls. It reviewed alternatives for performance based zoning and Euclidean zoning ordinances, as well as the no action alternative for no land use control through zoning regulations. [Note: “Euclidean” in this context refers to the Village of Euclid, Ohio, where zoning case law was established in Euclid v. Ambler Realty, and is not referring to the Greek mathematician.] The report evaluated comprehensive plan options for their significant and unavoidable environmental impacts. General impacts to environmental elements were identified under all alternatives, based on continued development activities in Jefferson County. One primary mitigation measure for land use conflicts between residential and other uses was to “[designate] in the Comprehensive Plan or Community Development Plans specific residential districts for various densities of housing. Design criteria for all development would alleviate aesthetic conflicts between new and existing, especially historic, uses…” (Chapter 3 P. 3-35). The preferred alternative of the 1994 report was the Euclidian Ordinance which provides more predictability in land use, and more straightforward controls over land use conflicts. 6.2 Draft and Final Environmental Impact Statements (DEIS/FEIS) dated February 24, 1997 and May 27, 1998, respectively, and addenda prepared in anticipation of adoption of the Comprehensive Plan in 1998. ITEM 15a The DEIS and FEIS are and examined the potential cumulative environmental impacts of adopting alternative versions of the Comprehensive Plan under the Washington Growth Management Act—focused growth, dispersed growth, moderate growth. In the February 24, 1997 DEIS, it evaluates the mitigating measures for nuisance issues, and development of policies to physically separate the nuisances or hazards farther from residential uses. (Intensify in Rural Village Centers). Addressing unmitigated impacts from growth, It also mentions the “cumulative impact of growth” and recommended mitigation as part of the development review and approval process (1997 DEIS, pp 4-60 to 4-61). Impacts to aesthetics from the built environment is discussed in the DEIS at pages 4-96 and 4- 97: “As in the case of views, the visual environment will change as any area grows, varying by type of growth, as rural features transform into urban. Without good planning this can erode visual qualities by conflicts between incompatible uses without buffering—for example, heavy equipment yards locating next to residential uses. Commercial development occurring along highway corridors can present an unappealing aesthetic environment. These poor aesthetic characteristics can erode property values and lead to blighted conditions.” Mitigating measures again included development of goals and policies in the comprehensive plan and in implementing regulations that maintains a community’s identity, develops in an aesthetically pleasing way, and limits conflicts between uses. 6.3 June 11, 2001 Glen Cove/Tri-Area Special Study Supplemental EIS Final Decision Document This supplemental EIS addresses issues regarding urban development, including a discussion of Limited Areas of More Intensive Rural Development (“LAMIRDs”) in the Final Decision Document, 2004 Staff Report and SEPA Addendum for UGA Amendments to the Comprehensive Plan issued May 19, 2004. LAMIRDs allow limited development within a logical outer boundary, and provide additional opportunities for various housing types, services, and connectivity through transit. 6.4 2018 Staff Report and SEPA Addendum for Periodic Review and Update of Jefferson County Comprehensive Plan. April 4, 2018. ITEM 15a 6.5 Discussion Further provisions regarding intensification of rural development are addressed in the Comprehensive Plan and the implementing regulations of Jefferson County Code (JCC). Performance standards and development standards that guide the density and intensity of uses within the various zoning districts are outlined in JCC are found in 18.15.040 Table 3-1 Allowable and Prohibited Uses. By reviewing this table, the reader can see the patterns of allowable and prohibited uses based on potentially conflicting land uses, and see the various review and approval processes required for uses that may be appropriate in one area, but not appropriate in the same zoning district in another area. These represent areas to use the conditional use permit process to allow public input and administrative conditions to address potential impacts (JCC 18.15.040). The comprehensive plan and implementing regulations provide the policy and goals of balancing the need for intensification of development with the need to preserve rural character. Specific standards are in place to protect adjacent residential parcels from nuisance and to protect an individual’s right to enjoyment of their property. Development regulations define ways of protecting adjacent residential properties from nuisance and neighborhood aesthetics with application of Chapter 18.20 JCC (performance standards), Chapter 18.18 JCC (UGA development standards) and Chapter 18.30 JCC (rural development standards). 7 Mitigation Measures and Conditional Use Permits Some uses may be appropriate in a zoning district only if they meet certain conditions. A conditional use permit does not change the zoning or allowed uses in a zoning district. All uses must be consistent with the purpose of the land use district in which they are proposed to occur. The approval criteria demonstrate the level of review and the specificity of conditions applied in a conditional use permit. 7.1 Approval Criteria for all Conditional Uses (JCC 18.40.530) The county may approve or approve with modifications an application for a conditional use permit (i.e., uses listed in Table 3-1 in JCC 18.15.040 as “C(a),” “C(d)” or “C”) if all of the ITEM 15a following criteria are satisfied. In instances where all of the findings cannot be made, the application shall be denied: (a) The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property; (b) The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control; (c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; (d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; (e) The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties; (f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel; (g) The conditional use complies with all other applicable criteria and standards of this code and any other applicable local, state or federal law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC; (h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; (i) The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; (j) The conditional use has merit and value for the community as a whole; (k) The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and ITEM 15a (l) The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. 8 Cumulative Environmental Impact Analysis of Proposal It is important to analyze the impacts of expanded uses in determining whether the expansion is appropriate in the rural area. For this proposal, we evaluate where the proposed change is applicable county-wide. Standards are based upon evaluation of the size, scale and intensity of uses in rural areas includes size, scale and level of activity. One metric for establishing the level of need is data from the Point-in-Time counts that enumerates people experiencing homelessness. The results of the annual count are variable and provide only a rough estimate of the actual number. Over the past few years, counts have averaged about 75 persons, with annual counts ranging upwards of 180-200. One individual site will not accommodate all people experiencing homelessness in Jefferson County. The cumulative impact of facilities is not believed to be a probable significant adverse environmental impact. The level of planning and management of a facility, paired with the capacity of organizations, may be one limiting factor. The Urban Growth Areas and Rural Village Centers are likely areas to provide opportunity and connectivity to services needed for temporary housing facilities. 9 Summary of Impacts and Mitigation Measures 9.1 Significant Unavoidable Adverse Impacts Adverse impacts from temporary housing facilities may be perceived by adjacent landowners. The conditional use review and mitigation process in the development regulations are designed to address specific site conditions and how the site can be designed to attenuate potential nuisance issues. Review of Jefferson County rural character and nuisance standards describe how rural living is characterized by some level of noise and temporary disturbance by nature of ITEM 15a being in a rural setting. Specific methods of site design, setbacks, screening and policies have shown to be effective in site development. 9.2 Significant Areas of Controversy & Uncertainty Discussions with Kitsap County revealed that there has been little implementation with similar development regulations. Due to the cost of preparing a facility, the current code has extended the temporary site occupation to a maximum of three years if all the available extensions are granted. The goal is to move people through a continuum of services and housing options to end homelessness. It is important for our housing options to develop so there may be transitional type of housing available when a temporary housing facility is required to close or move. 9.3 Issues to be Resolved There are unsupported people who are homeless that are in areas or situations that prevent them from being connected to services. Additional coordination with mental health services and other expanded public service is needed. 9.4 Environmental Choices to be Made -- Options to be Preserved or Foreclosed by the Action Effective mitigation of environmental impacts has been achieved through the existing performance and development standards in the Unified Development Code. The level of probable environmental impacts that may be experienced if there is additional capacity in the County to develop enough temporary housing facilities to meet the level of need, is already analyzed in our rural commercial development areas. Coordination of housing, transportation, and economic development is a need identified in the County Comprehensive Plan and is an option to be preserved and pursued. Temporary housing facilities, and the attendant continuum of care needs, are a functional part of a community and does not foreclose other options. 9.5 Effectiveness of Mitigation Measures Mitigation measures include those already required by development regulations and additional conditions that may be placed on a permit. Some uses are required to have a conditional use ITEM 15a review. After a review of the standard conditional use criteria and review of specific site conditions, conditions are placed on a permit that provide mitigation for identified impacts. 10 Jefferson County Comprehensive Plan Goals and Policies EVALUATION OF COMPATIBILITY WITH COMPREHENSIVE PLAN 10.1 Rural Character & Rural Development--the Growth Management Act and Jefferson County Comprehensive Plan The Growth Management Act provides (GMA) planning tools to preserve rural character, provide for areas of development and prevent those forms of sprawling development that reduce livability, efficiency and cost effectiveness of communities. Jefferson County did extensive public outreach in the years leading up to the 1998 implementation of our Comprehensive Plan and selected the GMA definition of rural character as appropriate for Jefferson County. Jefferson County defined rural character both in terms of visual character as well as in terms of intensity of uses: In GMA at RCW 36.70A.030(15), “Rural Character” refers to the patterns of land use and development established by a county in the rural element of its comprehensive plan: (a) In which open space, the natural landscape, and vegetation predominate over the built environment; (b) That foster traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas; (c) That provide visual landscapes that are traditionally found in rural areas and communities; (d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat; (e) That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development; (f) That generally do not require the extension of urban governmental services; and (g) That are consistent with the protection of natural surface water flows and ground water and surface water recharge and discharge areas.” ITEM 15a GMA defines “Rural development” as referring to development outside of the urban growth area and outside agricultural, forest, and mineral resources lands; and can consist of a variety of uses and residential densities—consistent with the preservation of rural character and the requirements of the comprehensive plan’s rural element (36.70A.030(16)). When reviewing a site-specific development application, the Comprehensive Plan is not re- evaluated or reanalyzed. Given the extensive investment that public agencies and a broad spectrum of the public have made and will continue to make in Jefferson County’s Comprehensive Plan and development regulations, it is essential that project review start from the fundamental land use planning choices made in the Comprehensive Plan and regulations. If the Comprehensive Plan or regulations identify the type of land use, specify density and identify and provide for the provision of public facilities needed to review the proposed development and site, these decisions, at a minimum, provide the foundation for further project review unless there is a question of code interpretation. The project review process, including the environmental review process under Chapter 43.21C RCW (SEPA) and the consideration of consistency, should start from this point and should not reanalyze these land use planning decisions in making a permit decision, unless the county finds that the Comprehensive Plan and regulations do not fully foresee site-specific issues and impacts identified through land use project application review. 10.2 Housing Element “Homelessness includes those that are accommodated in emergency shelters, stay temporarily with family or friends or other transitory housing, or are “unsheltered” living on the streets, in forested areas, in vehicles or other conditions that do not provide safe shelter” Comprehensive Plan Ch. 3, p.3-12. Goal HS-G-1 Encourage and support efforts to increase housing availability for county residents of all income groups. ▶ Policy HS-P-1.4 Provide public and private, non-profit housing assistance programs with information on areas where moderate-to-low income housing can be accommodated based on zoning, existing lot density, access to transit, jobs, or other support services. ITEM 15a ▶ Policy HS-P-1.5 Support the Peninsula Housing Authority, Habitat for Humanity, and Olympic Community Action Programs, in their efforts to assist income-limited households with funding for home repairs and other housing rehabilitation assistance, including support for multifamily tax credits such as federal low income housing tax credits (LIHTC) and project- based vouchers (Section 8), Goal HS-G-3 Develop and maintain partnerships with the housing assistance programs, and other public and private groups and agencies to support maintenance and rehabilitation of existing housing stock and provide new and affordable housing opportunities. ▶ Policy HS-P-3.3 Reinvigorate cooperative City of Port Townsend-County coordination regarding affordable housing, low-income and special needs household assistance and regulatory updates to support affordable housing development throughout Jefferson County. Determine and fund staffing and other resources necessary to sustain continuous coordination regarding affordable housing. Goal HS-G-4 Pursue housing programs that address homelessness and encourage the development of housing for people with special needs (individuals who require assistance for disabilities that may be physical, medical, social, or psychological). ▶ Policy HS-P-4.1 Allow for a continuum of care for special needs populations, in UGAs and Rural Village Centers, including emergency housing, transitory accommodations, transitional housing, assisted living, group homes, developmental disability housing, senior housing and low-income housing. ▶ Policy HS-P-4.2 Encourage and support the development and implementation of a transitory accommodation permitting process that considers the variety of transitory accommodations that may be deployed, for single-family, small and large indoor and outdoor transitory accommodations in cooperation with willing public and private landowners. ▶ Policy HS-P-4.3 Coordinate with Olympic Community Action Programs, the Peninsula Housing Authority, nonprofit housing providers, and other public and private housing interests to ensure that low income and special needs housing is sited in locations that are adequately served by necessary support facilities and infrastructure. Action Plan ▶ Participate in planning efforts with other jurisdictions and housing stakeholders to address housing affordability and homelessness, and convene an ad-hoc local panel of for-profit and non-profit developers and housing stakeholders to determine if procedural or market barriers are causing impediments to implementing housing types that are innovative or higher density. ITEM 15a ▶ Evaluate the overall role and purpose of emergency, transitional, and affordable housing categories—including types of structures such as tiny homes—and evaluate their place within housing strategies, including opportunities, locations, and consequences. 11 Unified Development Code—Jefferson County Code Jefferson County adopted the Unified Development Code (UDC) in December 2000 (effective January 16, 2001) as the unified set of development regulations to implement the Comprehensive Plan adopted in August 1998. Until the adoption of the UDC, the Comprehensive Plan was implemented through a variety of separate ordinances, some in place prior to the adoption of the Comprehensive Plan. The relevant sections of the Unified Development Code are Chapter 18.20 Performance and Use Specific Standards, Chapter 18.30 Development Standards, and 18.40.490 Conditional Uses. These chapters and sections provide appropriate standards and regulation for addressing and mitigating site-specific issues when applying the proposed code. 12 Conclusion The proposed amendment does not have any probable significant adverse environmental impacts. The SEPA Checklist and past County Environmental Impact Statement and Addenda adequately analyze environmental concerns. The Jefferson County Comprehensive Plan supports and encourages the proposed amendments to the Unified Development Code. 13 Criteria for Evaluation of Proposed Amendment—Required Findings 13.1 18.45.090 Findings for Board-Initiated UDC Amendment (1) Initiation. The text of the county’s adopted Comprehensive Plan implementing regulations (also referred to within this code as “development regulations”) may be amended at any time, provided the amendment is consistent with the Jefferson County Comprehensive Plan and Land Use Map. When ITEM 15a inconsistent with the Comprehensive Plan and Land Use Map, the amendment shall be processed concurrent with any necessary plan amendments using the process and timelines for plan amendments set forth in this chapter. “Implementing regulations” means the controls placed on development or land use activities by the county, including, but not limited to, this Unified Development Code, the Jefferson County Shoreline Master Program, or any other official controls required to implement the plan (see RCW 36.70A.030). Proposed amendments, changes, or modifications may be initiated as follows: (a) When consistent with the plan, at any time at the direction of the board of county commissioners or by the planning commission pursuant to RCW 36.70.550; (b) When inconsistent with the plan, under the process and time lines for Comprehensive Plan amendments by any interested person consistent with this chapter; or (c) Immediately following or concurrent with an amendment or amendments to the Jefferson County Comprehensive Plan, the implementing regulations shall be amended to be consistent with the plan and Land Use Map. 13.2 Planning Commission and Board of County Commissioners Review of Growth Management Indicators and Required Findings 18.45.090 (3) Planning Commission Review. The planning commission shall hold a public hearing on any amendment(s) to the implementing regulations and shall make a recommendation to the board of county commissioners using the site-specific criteria set forth in JCC 18.45.080(1)(b) and (1)(c), as applicable. 13.3 Required Findings for All Proposed Amendments--18.45.080(1)(b) (b) Required Findings – Generally. For all proposed amendments, the planning commission shall develop findings and conclusions and a recommendation which consider the growth management indicators set forth in JCC 18.45.050(4)(b)(i) through (4)(b)(vii), as well as the following: (i) Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Jefferson County Comprehensive Plan; ITEM 15a Staff Finding: New circumstances present when the emergency ordinances were initiated, namely the Covid pandemic, created the urgency for developing regulations to allow temporary homeless facilities. However, the circumstance of homelessness is not new. The County has struggled several decades with a lack of housing stock, lack of affordable housing, and with homelessness. (ii) Whether the assumptions upon which the Jefferson County Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments of the Jefferson County Comprehensive Plan; and Staff Finding: There is no indication that assumptions upon which the Comp Plan is based are no longer valid. The Comprehensive Plan documents housing goals and policies that support the amendment proposal. (iii) Whether the proposed amendment reflects current widely held values of the residents of Jefferson County. Staff Finding: There is a large number of organizations and a significant amount of County resources dedicated to addressing housing and homelessness. The proposed amendment reflects a widely held value of the County’s residents. 13.4 Criteria Governing Planning Commission Assessment -- 18.45.050(4)(b)(i) through (4)(b)(vii) (b) Criteria Governing Planning Commission Assessment. The planning commission’s periodic assessment and recommendation shall be based upon, but shall not be limited to, an inquiry into the following growth management indicators: (i) Whether growth and development as envisioned in the Comprehensive Plan is occurring faster or slower than anticipated, or is failing to materialize; Staff Finding: Annual compounded Countywide total growth rate envisioned in the 2004 Comprehensive Plan was 1.78%. However, current population planning projections for 2010-2036 is 0.97% (Growth Management Planning Population Projections, Resolution 38-15). Even with a slower growth rate, there is a shortage of housing and a lack of affordable, attainable housing. (ii) Whether the capacity of the county to provide adequate services has diminished or increased; ITEM 15a Staff Finding: Levels of service in the 2018 Comprehensive Plan can generally be maintained at the same level to accommodate the next 20-year population projection. (iii) Whether sufficient urban land is designated and zoned to meet projected demand and need; Staff Finding: There is a surplus of residential parcels in the county. (iv) Whether any of the assumptions upon which the plan is based are no longer found to be valid; Staff Finding: The Comprehensive Plan and current housing task forces and organizations accurately represent the current housing and homeless situation in the County. (v) Whether changes in county-wide attitudes necessitate amendments to the goals of the plan and the basic values embodied within the Comprehensive Plan Vision Statement; Staff Finding: Changes in county-wide attitudes are not evident. (vi) Whether changes in circumstances dictate a need for amendments; Staff Finding: The Covid pandemic revealed weakness in our social systems and heightened the need for community services and housing solutions, including enabling temporary housing facilities, which was a necessary gap to fill in our development regulations. (vii) Whether inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the County-wide Planning Policy for Jefferson County. [Ord. 2-06 § 1] Staff Finding: There are no inconsistencies between the proposed amendment and the Comprehensive Plan or GMA. 13.5 Takings Findings 13.5.1 Does the regulation or action result in a permanent physical occupation of private property? 13.5.2 Does the regulation or action require a property owner to dedicate a portion of property or to grant an easement? 13.5.3 Does the regulation or action deprive the owner of all economically viable uses of the property? ITEM 15a 13.5.4 Does the regulatory action have a severe impact on the landowner’s economic interest? 13.5.5 Does the regulation or action deny a fundamental attribute of ownership? 13.6 Findings on The Record 13.6.1 In addition to the guidance provided by GMA, the County-Wide Planning Policies, the Jefferson County Code, and the Comprehensive Plan, what else is in the record with respect to this proposal? 13.6.2 Can assertions in the record be confirmed by information from other sources? 13.6.3 Is the decision we are about to make based on the record? 13.6.4 Does the decision we are about to make, as far as we know, satisfy legal criteria? 13.6.5 Is the decision we are about to make limited to the specific request at hand? 14 Planning Commission Recommendation The planning commission’s findings and conclusions shall include a recommendation to the board of county commissioners that the proposed amendment(s) be denied, approved, or approved with conditions or modifications. ITEM 15a Attachment A JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 | Web: www.co.jefferson.wa.us/communitydevelopment Tel: 360.379.4450 | Fax: 360.379.4451 | Email: dcd@co.jefferson.wa.us __________________________________________________________________________________________ SquareONE Resource Center | Building Permits & Inspections | Development Review | Long Range Planning NOTICE OF INTENT TO AMEND THE UNIFIED DEVELOPMENT CODE (UDC) RELATING TO PROPOSED AMENDMENTS IN APPLICATION MLA22-00035 AND NOTICE OF ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS AND PENDING SEPA DETERMINATION OF NON-SIGNIFICANCE (DNS) AND NOTICE OF MAY 4, 2022 PUBLIC HEARING BEFORE THE JEFFERSON COUNTY PLANNING COMMISSION ON PROPOSED UDC AMENDMENTS Pursuant to the Washington State Growth Management Act (GMA) and State Environmental Policy Act (SEPA), Jefferson County is issuing an integrated GMA/SEPA document per WAC 197-11-210 through 197-11-235, relative to proposed amendments to the Jefferson County Code (JCC). Jefferson County has determined that it is the appropriate SEPA lead agency for the proposal. Adoption of any JCC amendments through this action would be a Non-Project Action under SEPA, Chapter 43.21C RCW. Summary of Proposed Changes: To make a countywide amendment within Jefferson County’s Unified Development Code (UDC), JCC Title 18, to JCC 18.20, 18.10 & 18.15—Siting, Establishment, and Operation of Temporary Housing Facilities in Unincorporated Areas of Jefferson County. Applicant: Jefferson County Board of Commissioners, P.O Box 1220, Port Townsend, WA 98368. ITEM 15a GMA Notice: This document serves as the 60-day Notice of Intent to Amend the Jefferson County Development Regulations and is being circulated per WAC 365- 196-620 to State agencies responsible for reviewing proposed amendments to comprehensive plans and/or County Development Regulations. SEPA Notice: Because the proposal is not site-specific, the proposed amendment will be reviewed under SEPA as a Nonproject Action involving decisions on policies, plans, or programs (WAC 197-11-704). The Department of Community Development (DCD) has assumed the responsibility of Lead Agency under SEPA, has reviewed the proposed project for probable adverse environmental impacts and expects to issue a Determination of Non-Significance (DNS). This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date of this notice. The proposal may include mitigation measures under applicable development regulations, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. Mitigation measures may include provisions already in Ch. 18.20 JCC for use- specific performance standards and Ch. 18.30 JCC for development standards. Comments on the SEPA Threshold Determination must be submitted to the Department of Community Development, Attn. MLA22-00035 Temporary Housing Ordinance, 621 Sheridan Street, Port Townsend, WA 98368, by Wednesday, May 4, 2022. A copy of the subsequent final threshold determination for the specific proposal may be obtained upon request. Adoption of Existing Environmental Documents: This announcement also serves as a notice of adoption of existing environmental documents. After review of the suggested amendments and existing environmental documents, the SEPA Responsible Official at DCD has determined that existing environmental documents provide adequate environmental review to satisfy the requirements of WAC 197-11-600. The following existing environmental documents are being adopted: • 1997-1998 Draft and Final Environmental Impact Statements (DEIS/FEIS) and addenda prepared in anticipation of adoption of the Comprehensive Plan in 1998. The DEIS and FEIS are dated February 24, 1997 and May 27, 1998, respectively, and examined the potential ITEM 15a cumulative environmental impacts of adopting alternative versions of the Comprehensive Plan. • 6/30/1999 Draft Supplemental EIS (DSEIS)--Comprehensive Plan 1999 Amendments (Task III of Tri-Area/Glen Cove Special Study) • 8/18/1999 Final Supplemental Environmental Impact Statement. Jefferson County Comprehensive Plan 1999 Amendments. Tri-Area/Glen Cove Special Study Task IV. • 6/11/2001 Glen Cove/Tri-Area Special Study Supplemental EIS Final Decision Document, June 11, 2001 • 2002 Integrated Growth Management Act/State Environmental Policy Act Document Environmental Review of a Non-Project Action: Draft Supplemental EIS August 21, 2002, to Supplement the Comprehensive Plan Draft and Final EIS (1997) and Comprehensive Plan 1999 Amendments Draft and Final SEIS. November 25, 2002 Integrated FSEIS 2002 Amendment Docket. This FSEIS was appealed before the Western Washington Growth Management Hearings Board (WWGMHB) of which the WWGMHB issued a Final Decision and Order (FDO) and remanded it back to the Department for additional environmental review. The county hired Wheeler Consulting, to prepare additional environmental review based on the FDO. A DSEIS to the 2002 CPA SEIS was issued on March 3, 2004. A FSEIS to the 2002 CPA SEIS was issued on May 12, 2004 as part of the review and in consideration of MLA02-00235. • 2004 Staff Report and SEPA Addendum to 1998 EIS for UGA Amendments to the Comprehensive Plan issued May 19, 2004. • 2004 Comprehensive Plan Amendment Docket Department of Community Development Integrated Staff Report and SEPA Addendum issued September 22, 2004. • 2009 Integrated GMA/SEPA Addendum Staff Report, September 2, 2009. Adopted by legal notice: 1998 DEIS/FEIS, September 22nd Staff Report 2004, 2005, 2006, 2007, 2008, "and all supplementary information…supporting record, analyses, materials." • 2018 Jefferson County Comprehensive Plan Update 2038 SEPA Addendum to 1998 Draft and Final Jefferson County Comprehensive Plan Environmental Impact Statements and subsequent Supplemental EISs and Addenda. April 4, 2018 Planning Commission Public Hearing: NOTICE IS HEREBY GIVEN that the Jefferson County Planning Commission will hold a public hearing on Wednesday, May 4, 2022 to take oral and written comment on the proposed amendments to the Unified Development Code before making a recommendation to the Board of County ITEM 15a Commissioners on whether to adopt the proposed amendments. The Planning Commission meeting and public hearing will be held on-line beginning at 5:30 PM, Wednesday, May 4, 2022. COVID-19 NOTICE: NO IN-PERSON ATTENDANCE ALLOWED (Per Jefferson County RESOLUTION No. 45-21) You can join this meeting by using the following methods: Zoom Meeting: Meeting ID: 886 7104 7253 Passcode: 894561 https://us02web.zoom.us/j/88671047253?pwd=OU8vTWZGWTVRRGNRVEQ1c2 k0WDVadz09 This link is also provided electronically at the Community Development page. This option will allow you to join the meeting live. You will need to enter an email address. If you wish to provide public comment, click on the hand icon at the bottom of the screen to “raise your hand.”. Participation will be up to the Chair of the meeting Audio-only: For one tap mobile copy and paste: +12532158782,,88671047253#,,,,*894561# Please sign on 5 to 10 minutes before the official start of the meeting to check sound and video quality. This video will be closed-captioned enabled for persons with disabilities. Public Comment Period: The Department of Community Development and the Planning Commission are accepting general comments on the merits of these suggested amendments to the Sign Code. Written comments will be accepted through the close of the Public Hearing on Wednesday, May 4, 2022. Any written comments on these suggested amendments submitted after the close of the public comment period will be forwarded to the Board of County Commissioners (BoCC) for consideration in its legislative decision. The BoCC may also hold a public hearing before taking action. Formal notice would appear in this newspaper. Written comments on the proposal may be submitted to the Department of Community Development, Attn. MLA22-00035 Temporary Housing Ordinance, 621 Sheridan Street, Port Townsend, WA 98368 or via email to jpeterson@co.jefferson.wa.us. ITEM 15a Availability of Documents: For more information or to inspect or request copies of the original application for the proposed amendments, the adopted existing environmental documents or the Staff Report and Recommendation, contact DCD Associate Planner Joel Peterson at (360) 379-4450, or visit the Department of Community Development webpage, http://www.co.jefferson.wa.us/commdevelopment and follow the link to Public Notices. You can also access the project documents directly from the Laserfiche Web Portal at: https://test.co.jefferson.wa.us/WeblinkExternal/Browse.aspx?id=3434553&dbid= 0&repo=Jefferson ITEM 15a ATTACHMENT B SEPA ENVIRONMENTAL CHECKLIST Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use “not applicable” or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: [help] For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non-projects) questions in Part B - Environmental Elements –that do not contribute meaningfully to the analysis of the proposal. A. Background [help] 1. Name of proposed project, if applicable: [help] Proposed Amendments to the UDC, and Title 18 Relating to Transitory Housing-Wooden Tent Encampment in Unincorporated Jefferson County ITEM 15a 2. Name of applicant: [help] Jefferson County Board of County Commissioners 3. Address and phone number of applicant and contact person: [help] Dept. of Community Development, 621 Sheridan St., Port Townsend WA 98368; Joel Peterson, AICP, 360-379-4457 4. Date checklist prepared: [help] April 8, 2022 5. Agency requesting checklist: [help] Jefferson County 6. Proposed timing or schedule (including phasing, if applicable): [help] Hearing Scheduled at Planning Commission May 4, 2022; final action at BoCC June 13, 2022 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. [help] No. The county is only planning to take legislative action on this ordinance amending the UDC. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. [help] Comprehensive Plan EIS and subsequent SEPA Addenda provide supplementary environmental information. Project-specific environmental information will be prepared for site specific Temporary Homeless facilities at time of application. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. [help] No. 10. List any government approvals or permits that will be needed for your proposal, if known. [help] Adoption by the Jefferson County Board of Commissioners. Review by the Washington State Department of Commerce and other agencies, per the Growth Management Act. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) [help] Ordinance updating the UDC to provide for the siting, establishment, and operation of temporary housing facilities. This is a non-project action. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. [help] N/A – The project is to amend the Unified Development Code. Applies to all applicable property within unincorporated Jefferson County. B. ENVIRONMENTAL ELEMENTS [help] ITEM 15a 1. Earth [help] a. General description of the site: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. (circle one): Flat, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope)? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 2. Air [help] a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, ITEM 15a generally describe. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. c. Proposed measures to reduce or control emissions or other impacts to air, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 3. Water [help] a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. b. Ground Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. [help] ITEM 15a N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 2) Could waste materials enter ground or surface waters? If so, generally describe. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 4. Plants [help] a. Check the types of vegetation found on the site: [help] deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain Orchards, vineyards or other permanent crops. wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation N/A – The project is to amend the Unified Development Code. Each potential site will be ITEM 15a evaluated under each permit or conditional use. b. What kind and amount of vegetation will be removed or altered? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. c. List threatened and endangered species known to be on or near the site. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. e. List all noxious weeds and invasive species known to be on or near the site. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 5. Animals [help] a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. [help] Examples include: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. b. List any threatened and endangered species known to be on or near the site. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. c. Is the site part of a migration route? If so, explain. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. d. Proposed measures to preserve or enhance wildlife, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be ITEM 15a evaluated under each permit or conditional use. e. List any invasive animal species known to be on or near the site. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 6. Energy and Natural Resources [help] a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 7. Environmental Health [help] a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. However, there is a potential for temporary homeless housing facilities to expose the environment to household hazardous waste; however, each proposal will be reviewed against all applicable criteria. 1) Describe any known or possible contamination at the site from present or past uses. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. [help] ITEM 15a N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. However, there is a potential for temporary homeless housing facilities to expose the environment to household hazardous waste; however, each proposal will be evaluated against all applicable criteria. 4) Describe special emergency services that might be required. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. Emergency services including fire, ambulance, and sheriff may be required at temporary homeless housing facilities within Jefferson County. 5) Proposed measures to reduce or control environmental health hazards, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use, affording the opportunity to plan so as to avoid hazards. b. Noise [help] What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. These processes include noise and site-specific buffering as a consideration in their analysis. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. [help] This project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. Potential sources of noise may possibly include site generator or other facilities that generate low consistent noise. Audible human noises such as speaking, singing, or working may be heard. 3) Proposed measures to reduce or control noise impacts, if any: [help] The project is to amend the Unified Development Code providing for a site analysis and provisions for screening if needed to attenuate impacts from site occupation. If necessary, mitigation measures may be implemented through a conditional use permit process. ITEM 15a 8. Land and Shoreline Use [help] a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: [help] N/A – This project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. c. Describe any structures on the site. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. Temporary homeless facilities would generally be tents and move-on homes, generally in the “tiny” realm, though plans may include other temporary structures. d. Will any structures be demolished? If so, what? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. e. What is the current zoning classification of the site? [help] N/A – The project is to amend the Unified Development Code. f. What is the current comprehensive plan designation of the site? [help] N/A – The project is to amend the Unified Development Code. g. If applicable, what is the current shoreline master program designation of the site? [help] N/A – The project is to amend the Unified Development Code. ITEM 15a h. Has any part of the site been classified as a critical area by the city or county? If so, specify. [help] N/A – The project is to amend the Unified Development Code. i. Approximately how many people would reside or work in the completed project? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. The number will fluctuate based on site capacity, number of potential residents, and levels of service each site may elect to provide. j. Approximately how many people would the completed project displace? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. The program is to provide temporary housing and would not displace people from housing. k. Proposed measures to avoid or reduce displacement impacts, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. l. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit. Through a conditional use permit process, the site will be evaluated for suitability & capacity based on site characteristics and available facilities, and tailored to meet code criteria. m. Proposed measures to reduce or control impacts to agricultural and forest lands of long- term commercial significance, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 9. Housing [help] a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. [help] N/A The project is to amend the Unified Development Code. Temporary housing would be limited to the capacity of each specific site. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. [help] N/A The project is to amend the Unified Development Code. There is concern about where people will go when a temporary housing facility is no longer available. Coordination among housing providers will be necessary to ensure a continuum of care. Transitional housing may be a next step to serve people after a temporary housing facility closes. Congregate shelters and permanent supportive housing are currently being planned in Jefferson County, however the level of need identified in Point-in-Time counts of unhoused persons may indicate a greater ITEM 15a level of service needed in the continuum of care for housing. Affordable housing is in severe short supply in Jefferson County c. Proposed measures to reduce or control housing impacts, if any: [help] N/A The project is to amend the Unified Development Code. Additional work and study is being done to increase the affordable housing stock in the County. 10. Aesthetics [help] a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. Structures in the County are generally limited to 35 feet in height. b. What views in the immediate vicinity would be altered or obstructed? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. c. Proposed measures to reduce or control aesthetic impacts, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. Site design will incorporate measures to address health and safety of the residents. 11. Light and Glare [help] a. What type of light or glare will the proposal produce? What time of day would it mainly occur? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. Operational lights or security lights may be produced by a new facility; however, this will be evaluated under the conditional use criteria and SEPA analysis for new temporary homes housing facilities. Current regulations for lighting require that light not leave property boundaries. b. Could light or glare from the finished project be a safety hazard or interfere with views? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. c. What existing off-site sources of light or glare may affect your proposal? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. d. Proposed measures to reduce or control light and glare impacts, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. ITEM 15a 12. Recreation [help] a. What designated and informal recreational opportunities are in the immediate vicinity? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. b. Would the proposed project displace any existing recreational uses? If so, describe. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 13. Historic and cultural preservation [help] a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers ? If so, specifically describe. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. Cultural resource regulations apply. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. Cultural resource regulations apply. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 14. Transportation [help] a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. [help] ITEM 15a N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. Equitable access to transportation (e.g. transit) will be encouraged as a consideration in site selection. c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. h. Proposed measures to reduce or control transportation impacts, if any: [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 15. Public Services [help] a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. [help] ITEM 15a N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. Proposals for temporary housing may result in an increased need for public services but would be anticipated to be within current levels of service and be temporary in duration. b. Proposed measures to reduce or control direct impacts on public services, if any. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. 16. Utilities [help] a. Circle utilities currently available at the site: [help] electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. [help] N/A – The project is to amend the Unified Development Code. Each potential site will be evaluated under each permit or conditional use. Public water and sanitation would be needed for preparing food. C. Signature [help] The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Name of signee Joel M. Peterson, AICP Position and Agency/Organization Associate Planner, Jefferson County Department of Community Development Date Submitted: April 8, 2022 D. supplemental sheet for nonproject actions [help] (IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. ITEM 15a 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Usually, these projects will comprise of residential type temporary housing units, along with facilities related to cooking and eating, restroom, and shower hygiene facilities. It is not anticipated that excess noise beyond normal residential living will be generated, nor toxic or hazardous substances to be present. Kitchen and restroom cleaning products would likely be present. Waste systems could either be by present on-site septic facilities or temporary mobile unit facilities. Solid waste would likely be similar to any multi-unit project. Proposed measures to avoid or reduce such increases are: Site control and standard code of conduct rules to be prepared and enforced by the onsite project sponsor. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Any nearby streams or marine areas will be determined through the review process for the project, and mitigated as necessary during that review. Required buffers and mitigation will be enforced through normal processes. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Critical area consistency reviews will occur and mitigation and buffer criteria will be enforced through the project review cycle. 3. How would the proposal be likely to deplete energy or natural resources? The size nature and utility requirements of these projects would be similar to a regular housing project, just that these are temporary. Many of these potential residents have been residents of the area previously, and through many circumstances, (job loss, family separation, mental illness, etc.) find themselves without housing. Proposed measures to protect or conserve energy and natural resources are: Most projects are of a minimal nature in scope, and with the cost of placing these type facilities, all care and minimalist nature of programming is likely to occur by the proponent agency. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The sites chosen will generally be located on land currently owned or leased by a religious organization, or other qualified non-profit. Critical areas review will occur during project review, and any mitigation necessary will be enforced to protect said areas. Proposed measures to protect such resources or to avoid or reduce impacts are: ITEM 15a Individual project review by Jefferson County Development Review staff would occur and mitigation measures would be enforced. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Staff review would help alleviate any potential negative effects on shoreline use. This type of use may not be compatible with shoreline situations, as there are usually better options for potential locations. Most shoreline locations would probably not have other potential services necessary to provide to residents. (Public transportation, ease of access for mobile refuse and waste systems.) Proposed measures to avoid or reduce shoreline and land use impacts are: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Increase for public transportation might occur, but most of these projects are contemplated to be fairly small in nature, and increases to transportation demand would likely be within existing levels of service. Proposed measures to reduce or respond to such demand(s) are: Many project residents may have already been using public transportation or service, just be an altered location. Bus routes may have some impact, but small site resident counts should keep impact minimal. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. Project review should keep any project in compliance with state or federal requirements. ITEM 15a COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Repealing and Replacing } Interim Ordinance 08-1213-21 and Adopting } Zoning Regulations for the Siting, Establishment } ORDINANCE NO. _________________ 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, 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 WHEREAS, the Board of County Commissioners passed Interim Ordinance No. 08-1213-21, Formatted: Not Highlight Formatted: Font: Bold ITEM 15b replacing Interim Ordinance No. 10-1221-20, and renewing the interim control for an additional six months, effective until June 20, to provide for additional public outreach and coordination with stakeholders. 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 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 has to developed appropriate public health, safety and welfare requirements and zoning and land use regulations for the establishment and operation of temporary homeless housing facilities for Jefferson County citizens experiencing homelessness; 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 The County 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 housing 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 ITEM 15b 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 WHEREAS, the Department of Community Development has discussed the Temporary Housing Ordinance at the Jefferson County Planning commission at regular meetings on September 15, 2021, October 6, 2021, October 20, 2021, November 3, 2021, and November 17, 2021; and WHEREAS, the Department of Community Development has discussed the Temporary Housing Ordinance at the County Board of Commissioners on November 1, 202, and recorded public testimony helpful in establishing permanent regulations during the Board’s public hearing on the extension of the interim control; and WHEREAS, The Department of Community Development has discussed the Temporary Housing Ordinance with stakeholders including the City of Port Townsend, Joint Oversight Board— Homeless Housing Advisory Task Force, Housing Solutions Network, OlyCAP, Jefferson County Sheriff, and others with interest and experience in housing issues; and 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 housing 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 Conditional Administrative Use approvals shall be required in accordance with Jefferson County Code (JCC) 18.40.270 for temporary homeless housing 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 housing facilities, shall not be processed, issued, granted, or approved unless in compliance with this ordinance. If a temporary homeless housing facility is Formatted: Font: Not Bold ITEM 15b 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 housing facility, its sponsor and managing agency shall be subject to 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 facility conditions. Section 3. Definitions. The following definitions apply to temporary homeless facilities: (a) "Temporary homeless housing 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 of the homeless. Temporary homeless housing facilities include temporary tent encampments facilities and temporary tiny house shelter encampmentsvillages. (b) "Temporary tent encampmentfacility" 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 shelter encampmentvillage" means a temporary homeless housing facility for a group of people living in purpose-built tiny houses structures 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 structures 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 structures 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 housing facility that has the capacity to organize and manage a temporary homeless housing facility. Managing agencies are limited to religious organizations and non-profit agencies. A "managing agency" may be the same entity as the sponsor. (e) "Sponsor" means an organization that: (i) invites a temporary homelesshousing 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 (iii)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. Site Requirements. The following requirements shall apply to all temporary homelesshousing facilities approved under this ordinance, unless modified by the director through approval of a Type II conditional administrative use permit. (a) The facility shall be located following the setback requirements set forth in Chapter 18.30 JCC, provided ITEM 15b that the required setbacks may be modified by the Director if site conditions require alternate setbacks to conform with the purpose and related site requirements in this Section. The encampmentfacility shall be located a minimum of 20 feet from the property line of abutting properties containing commercial, industrial, and multifamily residential uses. The encampmentfacility 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 buffer width will provide adequate separation between the encampmentfacility and adjoining uses, due to changes in elevation, intervening buildings or other physical characteristics of the site of the encampmentfacility. (b) No temporary homelesshousing facility shall be located within a critical area or its buffer as defined by Chapter 18.22 JCC. (c) A temporary homelesshousing facility shall comply with the applicable development standards of Title 18 JCC, except that temporary homelesshousing facilities shall not be considered structures for the purposes of calculating parcel's total lot coverage. (d) A six-foot-tall fence is required around the A perimeter plan shall be developed for the facility that accounts for site screening from neighboring land uses and which of the encampment to limits access-to the site for safety and security reasons; provided, that the fencing screening does not create a sight obstruction at the street 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 additional screening would not be needed. Screening material may include fencing, landscaping or other site-specific methods approved by the Director. (e) Exterior lighting must be directed downward and glare contained within the temporary encampmentfacility. (f) The maximum number of residents at a temporary encampmentfacility 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 shared parking agreement is executed with adjacent properties. (h) A transportation plan, including provisions for transit, and pedestrian and bicycle ingress and egress to the encampmentfacility, shall be submitted for review and approval. (i) No children under the age of 18 are allowed to stay overnight in the temporary encampmentfacility, unless accompanied by a parent or guardian. If a child under the age of 18 without a parent or guardian present attempts to stay at the encampmentfacility, 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 entry, grievance, and denial of service a written codepolicies of conduct, which not only provides for the health, safety and welfare of the temporary encampmentfacility residents, but also mitigates impacts to neighbors and the community. A copy of the code of conductpolicies shall be submitted to the County at the time of application for the administrative use permit. Said code policies shall be incorporated into the conditions of approval. The managing agency shall post the County approved written code of conductpolicies on site. The sponsor or managing agency shall implement a community-driven code of conduct to implement said policies. ITEM 15b (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 homelesshousing facility and the community in general. (l) 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, including but 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 encampmentfacility 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 withcollecting trash shall be provided on-site throughout the encampmentfacility. A regular trash patrol in the immediate vicinity of the temporary encampmentfacility site shall be provided. (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 encampmentfacility 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 encampmentfacility. This log shall be available upon request to law enforcement agencies and prospective encampmentfacility residents shall be so advised by the sponsor and managing agency. ITEM 15b (r) Persons who have active warrants, or who are required to register as sex offenders, are prohibited from the encampment's location. (sr) The sponsor and the managing agency shall immediately contact the Jefferson County Sheriff’s Office if someone is rejected or ejected from the encampmentfacility 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. (ts) An emergency locator address shall be obtained by permit from Department of Community Development to address the facility for emergency response. (tu) The sponsor, the managing agency and temporary encampmentfacility residents shall cooperate with other providers of shelters and services for homeless persons within the County and shall make inquiry with these providers regarding the availability of existing resources. (uv) The sponsor and/or managing agency shall provide before-encampmentfacility photos of the host site with the application. Upon vacation of the temporary encampmentfacility, all temporary structures and debris shall be removed from the host site within one calendar week. (vw) Upon cessation of the temporary encampmentfacility, 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. Construction and Life Safety Requirements (a) All bedroom shelters and common use structures shall be subject to periodic inspections by the fire code official and/or fire marshal per Section 104 of the 2018 International Fire Code. An inspection of the entire site, including structures, as necessary, will be conducted prior to any extensions of the Temporary Use approval. (b) one operable window allows for user-controlled ventilation. Window must meet egress requirements and be located on a separate wall from the door. (c) Doors and Windows; No locks or latches that might inhibit an emergency escape from within the unit. A single cylinder deadbolt lock or lever-handled door latch is permitted, as long as it does not require the use of a tool or key to lock or unlock it from inside the unit. (d) Tents must meet a minimum distance of ten feet apart, Wooden tents and buildings a minimum of five feet or more apart. RV’s a minimum of five feet or more apart, applies to awnings. If mixed use then the most restrictive distance applies. (e) Combination Smoke/Carbon Monoxide detector with 10-year lithium batteries. shall be provided and maintained within each bedroom shelter; (f) Fire Extinguisher. with a minimum rating of 1-A:10-B:C for each structure to be inspected yearly per Commented [JP1]: Meeting with Sheriff Joe Nole: Too much of a blanket statement and these prohibitions don’t always exist. Act only on J.C. warrant-- is seldom occurrence. Sex offender status typ. not found on bkgrnd checks. Sheriff looks at conditions of release. Suggested deleting this subsection. Commented [JP2]: Removed upon recommendation of the building committee. Commented [JP3]: Added per Sheriff Nole. Commented [JP4]: Items added by the building committee. I placed them in their own section for ease of use. ITEM 15b IFC will be provided in all wooden tents and community buildings. (g) Cooking only allowed in cooking/dining shelter. No fuel gas appliances or equipment in units. (h) Fire truck access and turn-around is provided by the existing roadways and hammer-head turn-around. (i) If there is a gate to an encampment, an established Knox box with a master key will be provided for the Fire Department. If the buildings have locks, a master key to all units will be placed in a Knox box for East Jefferson Fire Rescue. (j) No smoking, lighted candles (including hot plates), burning of incense or flames is permitted within any tents, wooden tents. or other type of flames. Must have a separate dedicated smoking area. (k) Combustible waste material shall be controlled in accordance with the 2018 International Fire Code Section 304. (l) Wooden tents/Emergency Shelters; exterior porch style light required if dusk to dawn exterior lighting not provided, must be hard wired with outlets, in wall mounted heaters or free-standing heaters that meet national standards such as UL and Auto tilt shut off. All wooden tents/emergency shelters must be permanently affixed with an “Emergency Shelter” label on the door frame of each unit. (m) Class C interior fire rating (painted plywood), or drywall. (n) Clear numbering of all individual units labeled on the exterior of unit. (o) The fire marshal or fire code official may determine that hazardous environmental conditions warrant the temporary restriction or prohibition of smoking or vaping per International Fire Code Section 310.8. (p) All structures will be provided with a landing with steps and a handrail when necessary. (q) Wooden tent/emergency shelter and community buildings must have a door with a minimum opening of 32 inches. (r) Common use structures like restrooms, bathing facilities or kitchens must be labeled by Labor and Industries or built to International Code requirements and permitted with Jefferson County. -All emergency shelters will be supported by a temporary foundation as approved by the building official. Section 65. Frequency and duration -of temporary homelesshousing facilities. (a) Each facility will be limited in its service capacity to the number of people that the site can accommodate, as determined by the Director. 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 encampmentfacility 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 encampmentfacilities may be approved for a period not to exceed 180 days. The ITEM 15b director may grant onetwo additional 180-day extensions, provided all conditions have been complied with and circumstances associated with the use have not changed. This eExtensions 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-encampmentfacility condition. (d) Temporary tiny house encampmentvillages may be approved for a period of between six months and upand up to one year, provided the sponsor and managing agency comply with all permit conditions. The director may grant one two or more extension(s) not to exceed onetwo additional years., provided enabling legislation 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- encampmentfacility condition. Section 67. Permit required. Establishment of a temporary homeless facility shall require approval of 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 78. 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 plan for of the proposed encampmentfacility, 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 conductwritten policies for entry, grievance, and denial of service, 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 encampmentfacility 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 encampmentfacility; (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 ITEM 15b 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 89. Permit Procedures. (a) Notice. All temporary homeless facility applications shall be reviewed under a Type II process under 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 encampmentfacility, and contain a County website link to the proposed written code of conductpolicies for entry, grievance, and denial of service, operations plan and transportation plan for the facility. (b) Decision and Notice of Decision. Final action on permit applications made under this section shall 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 encampmentfacility 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 encampmentfacility will be limited. A notice of the decision shall be provided in accordance with Title 18 JCC. (c) Conditions. Because each temporary encampmentfacility 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 to protect 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 encampmentfacility 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 encampmentfacility 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 encampmentfacility 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 encampmentfacility residents and the neighboring communities. Modifications shall not be granted if their adverse impacts on encampmentfacility residents and/or neighboring communities will be greater than those without modification. The burden of proof shall be on the applicant. Section 910. Appeal. The director's decision may be appealed to the hearing examiner as provided in Title li18 JCC. ITEM 15b Section 101. Revocation. The director shall also have the authority to revoke an approved administrative use permit, pursuant to Title li18 JCC at any time a sponsor or managing agency has failed to comply with the applicable provisions of this ordinance or permit. Section 112. Purpose. The purpose of this interim ordinance is to allow and establish a review process for the location, siting, and operation of temporary homeless housing 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. 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 or phrase in this Ordinance. Section 16. Effective Date. This ordinance is effective upon the date signed by the Jefferson County Board of Commissioners.December 20, 2021, upon the expiration of Interim Ordinance No. 10-1221-20. (SIGNATURES FOLLOW ON NEXT PAGE) ITEM 15b ADOPTED this _____ day of ____________________ 2021, at ___:___ __.M. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS SEAL: ____________________________________ Heidi Eisenhour Kate Dean, Chair ____________________________________ Greg Brotherton, Member ATTEST: ____________________________________ Heidi EisenhourKate Dean, Member APPROVED AS TO FORM _________________________________ ____________________________________ Carolyn Gallaway, Date Philip C. Hunsucker, Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney ITEM 15b JEFFERSON COUNTY PLANNING COMMISSION STAFF REPORT TO: Jefferson County Planning Commissioners FROM: Brent Butler, Director, Department of Community Development DATE: April 20, 2022 SUBJECT: Unified Development Code Amendment Docket STATEMENT OF ISSUE: Planning, Building and Prosecuting Attorney’s office staff frequently identify areas for improvement or necessary changes to the Jefferson County Unified Development Code (“UDC”). Amendments frequently are triggered by changes to Federal or state law, the adoption of new guiding documents such as the 2018 Jefferson County Comprehensive Plan or minor errors do to a mistake, the latter is commonly known as a Scrivener’s error and refers to an error due to a minor mistake or inadvertence. BACKGROUND Community Development has maintained a running amendment “Docket” of proposed changes to the UDC. This docket was reviewed by Staff and the Planning Commission during development of the 2018 Comprehensive Plan Periodic Review and Update, including a number of UDC amendments. Not all of the amendment proposals were addressed at that time, and since 2018, there have been additional items added to the UDC Docket, as well as emerging issues that need to be docketed for future analysis and potential implementation. A current list is attached: “UDC Amendments Deferred from 2018 Docket to Future Work Plan ver. 2022-04-20”. ANALYSIS Regular amendments to the UDC to correct errors, clarify how the code is to be implemented, or update for purposes of changing state regulations, creates efficiency in application of the code and better understanding by our citizens of Jefferson County. Not all suggested amendments hold the same level of urgency, as seen by the deferral of some 2018 docket items. However, Community Development and the Planning Commission should entertain a regular dialogue of how emerging issues can affect a need for a UDC amendment. ITEM 16 RECOMMENDATION: Review the attached list of docket items to gain a sense of which are Scrivener’s errors, clarifications needed, or larger deliberative items. You may want to look at the published code. https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty18.html There are some items that staff will recommend need immediate action. This will be discussed at the April 20, 2022 meeting. ITEM 16 UDC Amendments Deferred from 2018 Docket to Future Work Plan ver. 2022-04-20 Item #Type of Change Code Section Description 8 M 18.10.030 Add definition for “Cumulative Effects of similar actions in the area” as used in 18.15.610. See 18.25.100(3)(aa), and discussion on review page 8. 10 18.10.190 Add definition for Standing. Cf. 18.05.085(3). 23 M 18.15.040 Table 3-1 Fix awkward adjectival adjective "recreational" reference in "Marijuana recreational producer", "Marijuana recreational processor", "Marijuana recreational retailer". Remove altogether or write as "Marijuana producer (recreational)". Performance standards are awkwardly in alphabetized list under "Recreational" at 18.20.295. Move to "M". 30 M 18.15.1124 Clarify standards used for FAA regulations with document cite. 31 M 18.15.1132 Ground transportation facilities—provide regulation cite. 38 M 18.15.225 The JCC stillAmend references to the appellant examiner for the Reasonable Economic Use Variance process. Does this mean that we would still use the appellant examiner process in these instances? Should this be docketed? Or has it already been? 18.15.225 Notice. 39 M JCC 18.15.255 JCC 18.15.255 (3)(a) references an outdated portion of the On-site Sewage Code. I believe it and should reference WAC 246-272-22501. 47 M 18.15.572 Review possibly awkward construction between 18.15.470 "Article VI-L Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area" and 18.15.572 "Article VI- O Small-Scale Recreation and Tourist (SRT) Overlay District" -- which is referring only to Brinnon Subarea Plan. Rename Article VI-O to include "Brinnon Subarea Plan" or address all SRT in one area. See also Article VII -- Subarea Plans; 18.15.580 Brinnon Subarea Plan. 49 M 18.15.610 (2)(b)MID approval criteria. Analyzing impacts of major industrial development--uses term "cumulative effects" which should probably be defined. 51 M 18.15.635 Reauthorization of Article needed through Board’s legislative action. Refers to code provisions for Major Industrial Developments (MID) -- requires public hearing and reauthorization action. Review Growth Management Act (GMA) amendments. 52 S 18.18 Code Interpretation 6/10/2009 explaining transitional and urban zoning and lot combinations. Review interpretation for possible code text that is more expository. ITEM 16 59 S 18.18.100(2)(g)UGA sign regulations differ from 18.30.150(8)(d) and may be impermissible restraint on speech. Generally, need to review sign code across UDC for compatibility between 18.18, 18.20 and 18.25. Review for compliance with "strict scrutiny" standard. 69 S 18.20.295 (4)(g)18.20.295 (4) (g) – Recreational Marijuana: site development standards require all have “Type A” landscape screening from adjacent parcels. This is nonsense not appropriate for retail. Add text here about administrative options to adapt different performance standards. 70 S 18.20.140 JCC 18.20.140 needs requirements for General Institutional Uses. 71 M 18.20.150 (1)(c)Update RCW reference. 72 M 18.20.160 (5)(c)+Revise release of moratorium and add the one acre provision 18.20.160 (5)(c) (assessor allows one-acre site allowing to remain under forestry tax category.) 73 M 18.20.160 (5)The text of RCW 76.09.060 and JCC 18.20.160(5) are conflicting. The text needs to be updated to coincide with one another. [Forest Practices Act, conversion harvest and development moratorium.] 77 M 18.20.200 Include marijuana operation in prohibition list for home businesses. 79 M 18.20.295 Update name of “Liquor and Cannabis Board”. Add definitions for license and licensee. 81 M 18.20.295 (3)(b)Add USE in "Allowed as conditional discretionary (C(d)) use with a cottage industry permit…" 84 M 18.20.350(3)(j)(v)“Cumulative effect” or “cumulative impact” undefined [use definition from State references - RCW or WAC]. 92 S 18.30.050 Table 6-1 *JCC 18.30.050 Table 6-1 at Minimum rear and Side Setbacks...add footnote "20" *Footnote 20. "If a development proposal depends on two or more lots or parcels to be considered as one site for purposes of complying with the provisions of this title or of any other provision of Jefferson County Code, the department may require a the applicant to record a covenant to the benefit of the county that requires the retention of the lots under common ownership and control for the duration that the use is maintained on the site." *Area of Impervious Surface Coverage. Change to include pervious pavement in the calculation. *Note 15 re: stormwater requirements on parcel < one acre, show it's minimized, demonstrate house is comparable to neighborhood (gross floor area). 101 S 18.30.100 Table 6-3 Investigate parking stall size standards for compact vehicles. ITEM 16 103 S 18.30.130 (8)(b)Pruned and trimmed as necessary—see Wuthrich v. King County, No. 92555-5 and note for JCC 18.30.050. 104 M 18.30.150 (8)(d)Harmonize with UGA sign code at JCC 18.18.100. 106 M 18.30.150 (8)(d)Removed time limits for political signs. JCC 18.30.150 regarding time limits for political signs-- Reed v. City of Maguire U.S. Supreme Court applies strict scrutiny to any regulation based on content. Remove the political time limits so they are not regulated differently from real estate signs, et cetera. JMP 107 M 18.30.150 (6)(r)*(r) need height standard referencing "urban residential" zone too.For UGA development standard review 118 S 18.35.470 Make the condominium-ization – JCC 18.35.470 – language clearer with consideration for possible eaffects on ADU’s. no text yet 119 S 18.35.670 The plat alteration section (JCC 18.35.670) is kind of left hanging without a final “what to do”. We should work on adding this. Should include final steps including such as taxes being paid, number of copies for final, signature blocks, etc. Please let me know if you’d like me to work on this section. needs more discussion & process improvement 121 M 18.40.030 (5)Edit sentence "Project review conducted pursuant to…" for clarity.not sure what the problem is 129 M 18.40.130 (2)Review text and revise for clarity. Looks like cut/paste from RCW and not completely in context. 133 S 18.40.230 Aaland: In first paragraph, changed the provision to combine the notice of application with threshold determination from “may” to “shall” combine to conform with 18.40.780(1)(c) needs more process work 133 S 18.40.230 [Note: this is part of a larger issue of noticing before appeal period runs out. 133 S 18.40.230 Staff: Noticing timeframes in JCC 18.40.230 do not agree with those specified in JCC 18.40.330(2)(b) and (3) - SEPA notice cannot be combined for noticing as specified in JCC 18.40.230 in case of SEPA appeal (due to SEPA appeal noticing timeframes). See also 18.40.780 (1)(c) which says threshold determination and hearing notice "shall" be combined. This creates a problem to couple the two, because the hearing is noticed without allowing the appeal period to run out, and any appeal would be omitted from the hearing notice. 135 S 18.40.330(6)Added a new (6) explicitly eliminating certain SEPA appeals. [Evaluate this change further.] ITEM 16 142 S 18.40.640 Code Interpretation, David Goldsmith (no date, 2016),: Administrative Road Setback Variances shall be subject to Article IX, 18.40.640 Variance Types -- Review Process, as a distinct variance in addition to other types of variances provided in the code. Refer also to 18.30.050 Table 6-1 footnote #6, "...the administrator may reduce the minimum road setbacks if the strict application of such setback would render a legal lot of record unbuildable under the provisions of the code." 18.40.650(5) that condition is not caused by applicant. Clarify that the application will be evaluated under variance criteria. Ensure consistent and equitable review for all applicants. 143 S 18.40.760(3)(a)(i)Add more detailed “cumulative impact” language 144 S 18.40.810 (8)Deleted requirement to mail notice of appeal ten days prior to hearing. 147 S 18.40.030 Additional language to determine project review type. 149 M 18.40.530 Define vague terms in Approval of Conditional Uses—“cumulative effect”, “similar actions”, “in the area”. 150 M 18.40.650 Review variance approval criteria, “cumulative impact” language with other sections, & Shoreline Master Program (SMP). 155 S 18.45 18.45 does not make a clear distinction between an annual amendment cycle and the periodic review. The schedule for a periodic review simply refers to the annual amendment cycle. Therefore, to handle the scope of a periodic review, DCD has to pass a Resolution to defer annual amendments so that we’re not “trying to change a flat tire while the car is travelling”. A periodic review of the CP Comprehensive Plan needs to allow DCD to establish a work plan with its own schedule. 158 S 18.50.060(6)*Notice considered served three days after posting 18.50.060 *Enforcement: Notice and Order – service by mail, change postmark date to “3 days after postmark” 159 S 18.50.110(1)(d)Civil and criminal penalties—when fines accrue, postmark date to “3 days after postmark”. Correct fine/imprisonment amounts/times for misdemeanor. 18.50.110(4) 162 S Title 15 Adopt International Residential Code Appendix Q for Tiny Home standards. Alternately adopt our own modification of Appendix Q. See emails Mary Blaine and Patty Charnas 11/13/17 and 11/14/17. 163 S 18.40.310 Reconsideration. Review Pierce County's code provisions. 5- day request time period and 10-day response period is limiting. 164 S 18.30 Clarify meaning of no minimum lot size in Table 6-1, Ch. 18.30. Does not make small lots "noncomforming" in terms of SMP. ITEM 16 165 18.20.020(2)(g) Clarify when a shipping container can be remodeled into ADU. Differentiate between a "road ready" vehicle typically receiving a state-plan or self-certified insignia from the Washington State Department of Labor and Industries with a dwelling that is converted from something else such as a shipping container, shed or other open framed building and the conversion takes place on the site where it will be used. Truck storage container different from shipping container? deferred 166 18.40.180 "A notice of application shall not be required for Type I project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required. A notice of application shall be required for all Type II and Type III projects, regardless of whether such projects are exempt from SEPA. [Ord. 8-06 § 1] deferred 167 M 18.40.530 Remove requirement regarding compliance with federal statutes as a local CUP approval criteron. "(g) The conditional use complies with all other applicable criteria and standards of this code and any other applicable local code , state or federal law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC;" completed 168 18.40.330 and Article III Public Notice Requirements Chapter 18.40, No protocol identified for re-noticing projects when the project has changed. i.e. SEPA now required when it wasn't before, example timeline:Type III project notice period ends, proponent changes project adding additional parking triggering SEPA, how to (or should?) re-notice provide comment period again and allow SEPA appeal to be consolidated at Type III hearing. added 2018 169 JCC 18.40.800 and 18.40.750(3)(g) duplicate language added 2018 170 18.15 and check 18.05 Text amendment in the description of Inholding Forest to match Comprehensive Plan. Remove vesting sentence.added 9-24-18 171 18.45.040 (b)(v)reference error: current text is "(1)(c) and (1)(d)", should be "(1)(b) and 1(c)"added 1/18/19 172 18.40.720 (4) reference error: cites Ch. 42.17 RCW which has morphed to Ch 42.17A Campaign disclosure and contribution. Possibly reference should be Ch. 42.56 RCW Public Records Act.added 2/12/19 173 18.20.060 Code section is written too narrowly for dogs and cats. Animal shelters and animal welfare facilites exist for other animal species. Refer to PRE19-00011 Discovery Bay Ranch Animal Shelter and attorney challenge that 18.20.060 does not apply, but only can do "livestock management" under Ag Code 18.20.030. Misses opportunity to provide CUP and protection from nuisance provisions of Title 6 - Animal Control. added 4/29/19 ITEM 16 174 Update based on passge of SB 1377 relating to density bonuses for affordable housing on property owned by a religious organization.added 8/1/2019 175 18.40.570 Revise to differentiate between minor and major amendment. Use draft language from PAO added 8/1/2019 176 18.30.040 (4)(based on recommendation from PAO, repeal. It is no longer relevant added 8/1/2019 177 JCC 18.40.810 Standard of Review not "de novo". added 3/28/2022 ITEM 16