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HomeMy WebLinkAboutStaff Report Temp Housing Fac MLA--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 2 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 3 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 4 15. Attachments Attachment A – Public Notice Attachment B – SEPA Checklist 5 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 6 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. 7 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 8 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 9 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 10 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? 11 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 12 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. 13 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 14 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. 15 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. 16 (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, 17 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 18 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. 19 (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. 20 (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 21 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; 22 (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 23 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. 24 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. 25 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. 26 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. 27 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. 28 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. 29 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 30 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 31 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. 32 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. 33 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 34 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 35 (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 36 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 37 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.” 38 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. 39 ▶ 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. 40 ▶ 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 41 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; 42 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; 43 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? 44 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. 45 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. 46 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 47 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 Commu nity 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 48 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. 49 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 50 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 51 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] 52 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, 53 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] 54 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 55 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 56 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] 57 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. 58 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. 59 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 60 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. 61 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] 62 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] 63 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. 64 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: 65 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.