HomeMy WebLinkAbout052322afternoonsession01JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Department of Community Development
Brent Alfred Butler, AICP, Director
Joel M. Peterson, AICP, Associate Planner
DATE: May 23, 2022
SUBJECT: AFTERNOON BRIEFING SESSION re: Draft Temporary Housing Facilities
Ordinance, Planning Commission Recommendations, and Proposed Hearing
Monday, June 13, 2022.
STATEMENT OF ISSUE:
Like many communities across the United States, Jefferson County seeks to address housing issues and find
solutions for persons experiencing homelessness. "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, Housing Element, Ch. 3, p.3-12).
There are many facets to the often -complex set of issues creating the situation of people experiencing
homelessness. Regardless of the reasons initiating homelessness, the Board of County Commissioners
("BoCC") has adopted policies to address the condition of homelessness and has prioritized support for
public and private housing assistance programs which, through community support, provide a continuum of
care, including temporary or transitory accommodations (see Comprehensive Plan, Goal HS-G-4, Policy
HS-P-4.1 through HS-P-4.3).
On December 13, 2021, through Interim Ordinance 08-1213-21, the BoCC extended by six months, an
emergency land use control which established regulations for the siting, establishment, and operation of
temporary housing facilities. The final result is to be a set of amendments to the Unified Development Code
("UDC"), Title 18 Jefferson County Code ("JCC") regarding temporary housing facilities. In this six-month
extension, Community Development and the Planning Commission conducted additional outreach with
community stakeholders and provided opportunity for public comment on a set of draft final regulations.
The Jefferson County Planning Commission has completed their public process, review, and
recommendations to the BoCC pursuant to JCC 18.45.080.
ANALYSIS:
In the afternoon briefing session, Community Development will bring a summary of the public process that
has occurred with the Planning Commission and will update the BoCC on recommendations for the final
draft UDC amendments to be considered for adoption by the Board.
Because the issues surrounding temporary housing for people experiencing homelessness can be complex
and involve a variety of approaches and concerns, Community Development recommends that the BoCC
consider a public hearing on the draft ordinance on June 13, 2022.
RECOMMENDATION:
Hold an afternoon briefing session on May 23, 2022 with Community Development on the draft ordinance
for the siting, establishment, and operation of temporary housing facilities.
REVIEWED BY:
Mark McC y, County Administrato Da
DRAFT FOR DISCUSSION PURPOSES ONLY
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Adopting Development
)
Regulations for the Siting, Establishment,
)
and Operation of Temporary Housing
) ORDINANCE NO.
Facilities for Unsheltered and Unhoused
)
Individuals and Families in Unincorporated
)
Jefferson County; Repealing and Replacing
)
Ordinance 08-1213-21
)
WHEREAS, homelessness continues to be a local, regional and national challenge due to many
social and economic factors; and
WHEREAS, in Resolution No. 35-17, the Jefferson County Board of Commissioners declared
that an emergency exists with respect to the availability of housing that is affordable for low and very
low-income households in Jefferson County; and
WHEREAS, in Resolution No. 63-19, the Jefferson County Board of Commissioners adopted
a Five -Year Homeless Housing Plan, Making Homelessness a Singular Occurrence- Homelessness
Crisis Response and Housing Five -Year Plan for Jefferson County, and
WHEREAS, tent and tiny house encampments have become a mechanism for providing
temporary shelter for unsheltered and unhoused individuals and families; and
WHEREAS, under RCW 36.01.290 the Washington State Legislature has authorized religious
organizations to host temporary encampments to provide shelter for unhoused and unsheltered
individuals on property that these religious organizations own or control; and
WHEREAS, the Jefferson County Code does not currently have permanent provisions
addressing the establishment and operation of such temporary housing facilities; and
WHEREAS, COVID-19 presents an ongoing threat to public health in the Jefferson County
community; and
WHEREAS, the provision of temporary housing facilities for the unhoused and unsheltered
population will help prevent the spread of COVID-19; and
WHEREAS, the Jefferson County Board of Commissioners enacted Ordinance 10-1221-20,
which adopted interim controls to allow for the siting, establishment, and operation of temporary
homeless facilities in Jefferson County; and
WHEREAS, on November 1, 2021, the Department of Community Development updated the
Board of County Commissioners on the progress of the work plan outlined in Section 13 of Interim
Ordinance No. 10-1221-20, and the Board considered the benefits of extending public participation
while formulating a final ordinance; and
WHEREAS, the Board of County Commissioners enacted an Interim Ordinance No. 08-1213-
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21, repealing and replacing Interim Ordinance No. 10-1221-20, and renewing the interim control for
an additional six months, the on December 20, 2021, to provide for additional public outreach and
coordination with stakeholders and allow completion of the Work Plan by June 20, 2022; and; and
WHEREAS, the proposed development regulations for the establishment and operation of
temporary housing facilities for unhoused and unsheltered individuals in Jefferson County will protect
the public health, safety, and welfare; and
WHEREAS, the proposed development regulations will also allow qualifying religious
organizations and registered not -for -profit, tax exempt 501(c)(3) organizations the opportunity to
establish and operate temporary housing facilities; and
WHEREAS, the Department of Community Development has facilitated discussions of the
Temporary Housing Facilities Ordinance at the Jefferson County Planning Commission at regular
meetings on September 15, 2021, October 6, 2021, October 20, 2021, November 3, 2021, and
November 17, 2021; and
WHEREAS, the Department of Community Development has discussed the Temporary
Housing Facilities for Unsheltered and Unhoused Individuals and Families Ordinance with
stakeholders including the City of Port Townsend, Joint Oversight Board Homeless Housing
Advisory Task Force, City of Port Townsend, Housing Solutions Network, OlyCAP, Jefferson County
Sheriff, and others with interest and experience in housing issues; and
WHEREAS, the Jefferson County Planning Commission and the Department of Community
Development discussed the Temporary Housing Facilities for Unsheltered and Unhoused Individuals
and Families Ordinance in meetings from December 2021 through May 2022, culminating in a duly -
noticed public hearing at the Planning Commission on May 4, 2022; and
WHEREAS, the Planning Commission deliberated on the draft ordinance on May 4, 2022 and
May 18, 2022, and provided written findings and recommendations, including addressing Growth
Management Indicators to the Board in their letter dated May 19, 2022;
WHEREAS, the County Board of Commissioners adopts the foregoing as its findings of facts
justifying the adoption of this Ordinance; and
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of
Commissioners that:
Section 1. Findings of Fact. The County Board of Commissioners adopts the above "WHEREAS"
recitals as findings of fact.
Section 2. Purpose. The purpose of this ordinance is to allow and establish a review process for the
location, siting, and operation of temporary housing facilities for unsheltered and unhoused individuals and
families within the unincorporated county.
Section 3. Regulations established. [Temporary Housing Facilities willbecome ause inthe code matrix
under JCC 18.15.040 and new JCC 18.20.385; a Type II Conditional Administrative Use approval
shall be required in accordance with Jefferson County Code (JCC) 18.40.270 ].
Section 4. Definitions. The following definitions apply to temporary housing facilities:
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(a) "Temporary housing facility" means a facility providing temporary housing accommodations that
includes a sponsor and managing agency, the primary purpose of which is to provide temporary
shelter for people experiencing homelessness in general or for specific populations of unhoused
individuals. Temporary housing facilities include temporary tent facilities and temporary tiny shelter
villages.
(b) "Temporary tent facility" means a short-term living facility for a group of unhoused people
that is composed of tents or other temporary structures, as approved by the director, on a site
provided or arranged for by a sponsor with services provided by a sponsor and supervised bya
managing agency.
(c) "Temporary tiny shelter village" means a temporary housing facility for a group of people
living in purpose-built tiny structures for people experiencing homelessness, as approved bythe
director, on a site provided or arranged for by a sponsor with services provided by a sponsor and
supervised by a managing agency. Temporary tiny structures forpeople experiencing homelessness
are typically less than 200 square feet and easily constructed and moved to various locations. For
the purposes of this ordinance, temporary tiny structures are not dwelling units and, as such, are
not required to meetbuilding codes.
(d) "Managing agency" means an organization identified as the manager of a temporary housing
facility that has the capacity to organize and manage a temporary housing facility. Managing
agencies are limited to religious organizations and non-profit agencies. A "managing agency" may be the same
entity as the sponsor.
(e) "Sponsor" means an organization that:
(i) invites a temporary housing facility to reside on land they own or lease; and
(ii) is a State of Washington registered not -for -profit corporation and federally recognized tax exempt 501(c)(3)
organization; or
(iii) is recognized by the Internal Revenue Service as exempt from federal income taxes as a religious
organization, which expresses its religious mission, in part, by organizing living accommodations for those
experiencing homelessness.
(1) 'Director" means the Community Development Department Director.
[WILL BE CODEFIED IN CHAPTER 18.10 JCC]
Section 5. Site 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 If 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. For life safety purposes, and other
related structures must have a ten -foot separation from any other structure; however, they may be five feet
from other structures if they are constructed of fire -retardant materials; structures include Tiny shelters,
RVs, and buildings. Separation distance is measured from the end of any protrusions from the structure
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DRAFT FOR DISCUSSION PURPOSES ONLY
such as awnings. If mixed use then the most restrictive distance applies.
(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 purposesof 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 thestreet or street intersections or curbs as determined by the county engineer,
unless the director determines that there is sufficient vegetation, topographic variation, or other site
conditions such that 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 temporaryfacility.
(1) 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 sharedparking
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.
0) 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 code of conduct developed by the occupants of the facility
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 unhoused individuals; and/or certification or academic credentials in an
applicable human service field; and/or applicable experience in a related program with unhoused populations;
and/or lived experience with similar services. 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.
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DRAFT FOR DISCUSSION PURPOSES ONLY
(1) The sponsor and the managing agency shall ensure compliance with Washington State laws and
regulations and the Jefferson County Health Department's regulations concerning, but not limitedto,
drinking water connections, solid waste disposal, and human waste. The sponsor and the managing agency
shall permit inspections by local agencies and/or departments to ensure such compliance and shall implement
all directives resulting therefrom within the specified time period.
(m) The sponsor and managing agency shall assure all applicable public health regulations, includingbut
not limited to the following, will be met for:
(i) Potable water, which shall be available at all times at the site;
(ii) Sanitary portable toilets, which shall be set back from all property lines as determined by the director;
(iii) Hand -washing stations by the toilets and food preparation areas;
(iv) Food preparation or service tents; and
(v) Refuse receptacles.
(n) Public health regulations (including those in Chapter 246-215 WAC and Title 8 JCC) shall be
followed to specifically include food handling and storage (including proper temperature control), and
housing 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 complete background checks with the 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.
L_ - -
Commented ]JP7]: Meeting with Sheriff JoeNole: Too
(r) The sponsor and the managing agency shall immediately contact the Jefferson County Sheriff's
much of a blanket statement and these prohibitions don't
Office if someone is rejected or ejected from the facility when the reason for rejection or ejection is
always exist. Act only on J.C. warrant-- is seldom
an active warrant or a match on a sex offender check, or if, in the opinion of the on -duty point of
occurrence. Sex offender status typ. not found on bkgrnd
checks. Sheriff looks at conditions of release. Suggested
contact or on -duty security staff, the rejected/ejected person is a potential threat to the community.
deleting this subsection.
ks) An emergency locator address shall be obtained by permit from Department of Community , -
Commented ]JP2]: Removed upon recommendation of the
Development to address the facility for emergency response.1
building committee.
Commented ]JP3]: Added per Sheriff Nole.
(t) The sponsor, the managing agency and temporary facility residents shall cooperate with other providers
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DRAFT FOR DISCUSSION PURPOSES ONLY
of shelters and services for unhoused persons within the County and shall make inquirywith 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 itsoriginal
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.
[THESE REGULATIONS WILL BE CODIFIED AT NEW JCC 18.20.385 AND ALL OTHER
APPROPRIATE REFERENCES IN THE CODE]
Section 6. Construction and Life Safety Requirements) _ , - Commented PP41: Items added by the building
committee. I placed them in their own section for ease of
(a) All tent and tiny shelters and common use structures shall be subject to periodic inspections by the fire use.
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 shall be provided to allow for user -controlled ventilation. The window must
meet egress requirements and be located on a separate wall from the door, or as an alternative to the
window egress requirements, an outswing door from the travel of egress leaving the tiny shelter may be
used. If egress requirements are met by an outswing door, a landing appropriately sized for the swing of
door is required, and a handrail must be provided if the landing is over 30 inches in height.
(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 from other structures, including tents, RV and tiny
shelters. If tents are made of fire -retardant material, they may be a minimum of five feet from other
structures. Tiny shelters, RVs, and buildings require a minimum separation of five feet, separation
distance is measured from the end of any protrusions from the structure such as 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 tiny shelter and each community building.
(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 tiny shelters and community buildings. If the fire extinguisher cannot be
located inside a tiny shelter, it may be placed outside of the egress door and be accessible.
(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
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East Jefferson Fire Rescue.
0) No smoking, lighted candles (including hot plates), burning of incense or flames is permitted within
any tents, tiny shelters. or other type of flames. Facilities must have a separate dedicated smoking area.
(k) Combustible waste material shall be controlled in accordance with the 2018 International Fire Code
Section 304.
(1) Tiny shelter Requirements: an exterior porch style light is required if dusk to dawn exterior lighting is
not provided and must be hard wired with outlets. Free-standing heaters must meet national standards
such as UL and Auto tilt shut off. All tiny shelters must be permanently affixed with an "Emergency
Shelter" label on the door frame of each unit.
(m) Class C interior fire rating (painted plywood), or drywall.
(n) Clear numbering of all individual units labeled on the exterior of unit.
(o) The fire marshal or fire code official may determine that hazardous environmental conditions warrant
the temporary restriction or prohibition of smoking or vaping per International Fire Code Section 310.8.
(p) All structures will be provided with a landing with steps and a handrail when necessary, as specified in
International Building Code.
(q) Tiny shelters 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.
[THESE REGULATIONS WILL BE PLACED IN TITLE 151
Section 7. 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 shelter 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
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process in accordance with JCC 18.40.270 and may be appealed to the hearing examiner as provided in
JCC 18.40.270. The permit shall specify a date by which the use shall be terminated and the site vacated
and restored to its pre -facility condition.
[REGULATIONS WILL BE PLACED IN NEW JCC 18.20.385]
[SECTIONS 8-12 BELOW WILL BE INTEGRATED INTO PERMIT PROCEDURES IN
CHAPTER 18.40 JCC, CHAPTER 18.15 JCC, AND NEW JCC 18.20.3851
Section 8. Permit required. Establishment of a temporary housing facility shall require approval of an
administrative use permit, as described in this ordinance, and compliance with all other applicable
County regulations. The director shall have authority to grant, grant with conditions or deny an
application for an administrative use permit under this ordinance.
Section 9. 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 housing 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;
(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;
O Permit fees for temporary housing 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.
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Section 10. Permit Procedures.
(a) Notice. All temporary housing facility applications shall be reviewed under a Type B 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 housing 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 sectionshall
be in accordance with Title 18 JCC. Before any such permit may be granted, the applicant shall
demonstrate and the director shall find consistency with Jefferson County Code and the following:
(i) The proposed use meets the requirements of this ordinance; and,
(ii) Measures, including the requirements herein and as identified by the director, have been taken to
minimize the possible adverse impacts which the proposed 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 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 toprotect public health, life and safety and
minimize nuisance -generating features such as noise, waste, air quality, unsightliness, traffic, physical
hazards and other similar impacts that the temporary 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.
Section 11. Appeal. The director's decision may be appealed to the hearing examiner as provided in Title
18 JCC.
Section 12. 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.
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Section 14. Conflict with other Jefferson County Code Provisions. If the provisions of this Ordinance are
found to be inconsistent with other provisions of the Jefferson County Code, this Ordinance shall control.
Section 15. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be
unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other sentence, clause orphrase in this Ordinance.
Section 16. Effective Date. This ordinance is effective upon the date signed by the Jefferson County
Board of Commissioners.
Section 17. Ordinance Review. This ordinance shall be reviewed through the process outlined in Chapter
18.45 every two years to determine if there are any modifications needed to ensure its effectiveness.
(SIGNATURES FOLLOW ON NEXT PAGE)
Page 10 of 11
ADOPTED this
SEAL:
ATTEST:
DRAFT FOR DISCUSSION PURPOSES ONLY
day of
Carolyn Gallaway, Date
Clerk of the Board
2021, at M.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
Heidi Eisenhour, , Chair
Greg Brotherton, Member
Kate Dean, Member
APPROVED AS TO FORM
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Adopting Development
)
Regulations for the Siting, Establishment,
)
and Operation of Temporary Housing
) ORDINANCE NO.
Facilities for Unsheltered and Unhoused
)
Individuals and Families in Unincorporated
)
Jefferson County; Repealing and Replacing
)
Ordinance 08-1213-21
)
WHEREAS, homelessness continues to be a local, regional and national challenge due to many
social and economic factors; and
WHEREAS, in Resolution No. 35-17, the Jefferson County Board of Commissioners declared
that an emergency exists with respect to the availability of housing that is affordable for low and very
low-income households in Jefferson County; and
WHEREAS, in Resolution No. 63-19, the Jefferson County Board of Commissioners adopted
a Five -Year Homeless Housing Plan, Making Homelessness a Singular Occurrence- Homelessness
Crisis Response and Housing Five -Year Plan for Jefferson County, and
WHEREAS, tent and tiny house encampments have become a mechanism for providing
temporary shelter for unsheltered and unhoused individuals and families; and
WHEREAS, under RCW 36.01.290 the Washington State Legislature has authorized religious
organizations to host temporary encampments to provide shelter for unhoused and unsheltered
individuals on property that these religious organizations own or control; and
WHEREAS, the Jefferson County Code does not currently have permanent provisions
addressing the establishment and operation of such temporary housing facilities; and
WHEREAS, COVID-19 presents an ongoing threat to public health in the Jefferson County
community; and
WHEREAS, the provision of temporary housing facilities for the unhoused and unsheltered
population will help prevent the spread of COVID-19; and
WHEREAS, the Jefferson County Board of Commissioners enacted Ordinance 10-1221-20,
which adopted interim controls to allow for the siting, establishment, and operation of temporary
homeless facilities in Jefferson County; and
WHEREAS, on November 1, 2021, the Department of Community Development updated the
Board of County Commissioners on the progress of the work plan outlined in Section 13 of Interim
Ordinance No. 10-1221-20, and the Board considered the benefits of extending public participation
while formulating a final ordinance; and
WHEREAS, the Board of County Commissioners enacted an Interim Ordinance No. 08-1213-
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DRAFT FOR DISCUSSION PURPOSES ONLY
21, repealing and replacing Interim Ordinance No. 10-1221-20, and renewing the interim control for
an additional six months, the on December 20, 2021, to provide for additional public outreach and
coordination with stakeholders and allow completion of the Work Plan by June 20, 2022; and; and
WHEREAS, the proposed development regulations for the establishment and operation of
temporary housing facilities for unhoused and unsheltered individuals in Jefferson County will protect
the public health, safety, and welfare; and
WHEREAS, the proposed development regulations will also allow qualifying religious
organizations and registered not -for -profit, tax exempt 501(c)(3) organizations the opportunity to
establish and operate temporary housing facilities; and
WHEREAS, the Department of Community Development has facilitated discussions of the
Temporary Housing Facilities Ordinance at the Jefferson County Planning Commission at regular
meetings on September 15, 2021, October 6, 2021, October 20, 2021, November 3, 2021, and
November 17, 2021; and
WHEREAS, the Department of Community Development has discussed the Temporary
Housing Facilities for Unsheltered and Unhoused Individuals and Families Ordinance with
stakeholders including the City of Port Townsend, Joint Oversight Board Homeless Housing
Advisory Task Force, City of Port Townsend, Housing Solutions Network, OlyCAP, Jefferson County
Sheriff, and others with interest and experience in housing issues; and
WHEREAS, the Jefferson County Planning Commission and the Department of Community
Development discussed the Temporary Housing Facilities for Unsheltered and Unhoused Individuals
and Families Ordinance in meetings from December 2021 through May 2022, culminating in a duly -
noticed public hearing at the Planning Commission on May 4, 2022; and
WHEREAS, the Planning Commission deliberated on the draft ordinance on May 4, 2022 and
May 18, 2022, and provided written findings and recommendations, including addressing Growth
Management Indicators to the Board in their letter dated May 19, 2022;
WHEREAS, the County Board of Commissioners adopts the foregoing as its findings of facts
justifying the adoption of this Ordinance; and
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of
Commissioners that:
Section 1. Findings of Fact. The County Board of Commissioners adopts the above "WHEREAS"
recitals as findings of fact.
Section 2. Purpose. The purpose of this ordinance is to allow and establish a review process for the
location, siting, and operation of temporary housing facilities for unsheltered and unhoused individuals and
families within the unincorporated county.
Section 3. Regulations established. [Temporary Housing Facilities willbecome ause inthe code matrix
under JCC 18.15.040 and new JCC 18.20.385; a Type II Conditional Administrative Use approval
shall be required in accordance with Jefferson County Code (JCC) 18.40.270 ].
Section 4. Definitions. The following definitions apply to temporary housing facilities:
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(a) "Temporary housing facility" means a facility providing temporary housing accommodations that
includes a sponsor and managing agency, the primary purpose of which is to provide temporary
shelter for people experiencing homelessness in general or for specific populations of unhoused
individuals. Temporary housing facilities include temporary tent facilities and temporary tiny shelter
villages.
(b) "Temporary tent facility" means a short-term living facility for a group of unhoused people
that is composed of tents or other temporary structures, as approved by the director, on a site
provided or arranged for by a sponsor with services provided by a sponsor and supervised bya
managing agency.
(c) "Temporary tiny shelter village" means a temporary housing facility for a group of people
living in purpose-built tiny structures for people experiencing homelessness, as approved bythe
director, on a site provided or arranged for by a sponsor with services provided by a sponsor and
supervised by a managing agency. Temporary tiny structures forpeople experiencing homelessness
are typically less than 200 square feet and easily constructed and moved to various locations. For
the purposes of this ordinance, temporary tiny structures are not dwelling units and, as such, are
not required to meetbuilding codes.
(d) "Managing agency" means an organization identified as the manager of a temporary housing
facility that has the capacity to organize and manage a temporary housing facility. Managing
agencies are limited to religious organizations and non-profit agencies. A "managing agency" may be the same
entity as the sponsor.
(e) "Sponsor" means an organization that:
(i) invites a temporary housing facility to reside on land they own or lease; and
(ii) is a State of Washington registered not -for -profit corporation and federally recognized tax exempt 501(c)(3)
organization; or
(iii) is recognized by the Internal Revenue Service as exempt from federal income taxes as a religious
organization, which expresses its religious mission, in part, by organizing living accommodations for those
experiencing homelessness.
(1) 'Director" means the Community Development Department Director.
[WILL BE CODEFIED IN CHAPTER 18.10 JCC]
Section 5. Site 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 If 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. For life safety purposes, and other
related structures must have a ten -foot separation from any other structure; however, they may be five feet
from other structures if they are constructed of fire -retardant materials; structures include Tiny shelters,
RVs, and buildings. Separation distance is measured from the end of any protrusions from the structure
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DRAFT FOR DISCUSSION PURPOSES ONLY
such as awnings. If mixed use then the most restrictive distance applies.
(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 purposesof 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 thestreet or street intersections or curbs as determined by the county engineer,
unless the director determines that there is sufficient vegetation, topographic variation, or other site
conditions such that 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 temporaryfacility.
(1) 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 sharedparking
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.
0) 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 code of conduct developed by the occupants of the facility
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 unhoused individuals; and/or certification or academic credentials in an
applicable human service field; and/or applicable experience in a related program with unhoused populations;
and/or lived experience with similar services. 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.
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(1) The sponsor and the managing agency shall ensure compliance with Washington State laws and
regulations and the Jefferson County Health Department's regulations concerning, but not limitedto,
drinking water connections, solid waste disposal, and human waste. The sponsor and the managing agency
shall permit inspections by local agencies and/or departments to ensure such compliance and shall implement
all directives resulting therefrom within the specified time period.
(m) The sponsor and managing agency shall assure all applicable public health regulations, includingbut
not limited to the following, will be met for:
(i) Potable water, which shall be available at all times at the site;
(ii) Sanitary portable toilets, which shall be set back from all property lines as determined by the director;
(iii) Hand -washing stations by the toilets and food preparation areas;
(iv) Food preparation or service tents; and
(v) Refuse receptacles.
(n) Public health regulations (including those in Chapter 246-215 WAC and Title 8 JCC) shall be
followed to specifically include food handling and storage (including proper temperature control), and
housing 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 complete background checks with the 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.
L_ - -
Commented ]JP7]: Meeting with Sheriff JoeNole: Too
(r) The sponsor and the managing agency shall immediately contact the Jefferson County Sheriff's
much of a blanket statement and these prohibitions don't
Office if someone is rejected or ejected from the facility when the reason for rejection or ejection is
always exist. Act only on J.C. warrant-- is seldom
an active warrant or a match on a sex offender check, or if, in the opinion of the on -duty point of
occurrence. Sex offender status typ. not found on bkgrnd
checks. Sheriff looks at conditions of release. Suggested
contact or on -duty security staff, the rejected/ejected person is a potential threat to the community.
deleting this subsection.
ks) An emergency locator address shall be obtained by permit from Department of Community , -
Commented ]JP2]: Removed upon recommendation of the
Development to address the facility for emergency response.1
building committee.
Commented ]JP3]: Added per Sheriff Nole.
(t) The sponsor, the managing agency and temporary facility residents shall cooperate with other providers
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DRAFT FOR DISCUSSION PURPOSES ONLY
of shelters and services for unhoused persons within the County and shall make inquirywith 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 itsoriginal
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.
[THESE REGULATIONS WILL BE CODIFIED AT NEW JCC 18.20.385 AND ALL OTHER
APPROPRIATE REFERENCES IN THE CODE]
Section 6. Construction and Life Safety Requirements) _ , - Commented PP41: Items added by the building
committee. I placed them in their own section for ease of
(a) All tent and tiny shelters and common use structures shall be subject to periodic inspections by the fire use.
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 shall be provided to allow for user -controlled ventilation. The window must
meet egress requirements and be located on a separate wall from the door, or as an alternative to the
window egress requirements, an outswing door from the travel of egress leaving the tiny shelter may be
used. If egress requirements are met by an outswing door, a landing appropriately sized for the swing of
door is required, and a handrail must be provided if the landing is over 30 inches in height.
(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 from other structures, including tents, RV and tiny
shelters. If tents are made of fire -retardant material, they may be a minimum of five feet from other
structures. Tiny shelters, RVs, and buildings require a minimum separation of five feet, separation
distance is measured from the end of any protrusions from the structure such as 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 tiny shelter and each community building.
(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 tiny shelters and community buildings. If the fire extinguisher cannot be
located inside a tiny shelter, it may be placed outside of the egress door and be accessible.
(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
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East Jefferson Fire Rescue.
0) No smoking, lighted candles (including hot plates), burning of incense or flames is permitted within
any tents, tiny shelters. or other type of flames. Facilities must have a separate dedicated smoking area.
(k) Combustible waste material shall be controlled in accordance with the 2018 International Fire Code
Section 304.
(1) Tiny shelter Requirements: an exterior porch style light is required if dusk to dawn exterior lighting is
not provided and must be hard wired with outlets. Free-standing heaters must meet national standards
such as UL and Auto tilt shut off. All tiny shelters must be permanently affixed with an "Emergency
Shelter" label on the door frame of each unit.
(m) Class C interior fire rating (painted plywood), or drywall.
(n) Clear numbering of all individual units labeled on the exterior of unit.
(o) The fire marshal or fire code official may determine that hazardous environmental conditions warrant
the temporary restriction or prohibition of smoking or vaping per International Fire Code Section 310.8.
(p) All structures will be provided with a landing with steps and a handrail when necessary, as specified in
International Building Code.
(q) Tiny shelters 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.
[THESE REGULATIONS WILL BE PLACED IN TITLE 151
Section 7. 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 shelter 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
Page 7 of 11
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process in accordance with JCC 18.40.270 and may be appealed to the hearing examiner as provided in
JCC 18.40.270. The permit shall specify a date by which the use shall be terminated and the site vacated
and restored to its pre -facility condition.
[REGULATIONS WILL BE PLACED IN NEW JCC 18.20.385]
[SECTIONS 8-12 BELOW WILL BE INTEGRATED INTO PERMIT PROCEDURES IN
CHAPTER 18.40 JCC, CHAPTER 18.15 JCC, AND NEW JCC 18.20.3851
Section 8. Permit required. Establishment of a temporary housing facility shall require approval of an
administrative use permit, as described in this ordinance, and compliance with all other applicable
County regulations. The director shall have authority to grant, grant with conditions or deny an
application for an administrative use permit under this ordinance.
Section 9. 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 housing 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;
(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;
O Permit fees for temporary housing 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.
Page 8 of 11
DRAFT FOR DISCUSSION PURPOSES ONLY
Section 10. Permit Procedures.
(a) Notice. All temporary housing facility applications shall be reviewed under a Type B 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 housing 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 sectionshall
be in accordance with Title 18 JCC. Before any such permit may be granted, the applicant shall
demonstrate and the director shall find consistency with Jefferson County Code and the following:
(i) The proposed use meets the requirements of this ordinance; and,
(ii) Measures, including the requirements herein and as identified by the director, have been taken to
minimize the possible adverse impacts which the proposed 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 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 toprotect public health, life and safety and
minimize nuisance -generating features such as noise, waste, air quality, unsightliness, traffic, physical
hazards and other similar impacts that the temporary 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.
Section 11. Appeal. The director's decision may be appealed to the hearing examiner as provided in Title
18 JCC.
Section 12. 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.
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Section 14. Conflict with other Jefferson County Code Provisions. If the provisions of this Ordinance are
found to be inconsistent with other provisions of the Jefferson County Code, this Ordinance shall control.
Section 15. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be
unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other sentence, clause orphrase in this Ordinance.
Section 16. Effective Date. This ordinance is effective upon the date signed by the Jefferson County
Board of Commissioners.
Section 17. Ordinance Review. This ordinance shall be reviewed through the process outlined in Chapter
18.45 every two years to determine if there are any modifications needed to ensure its effectiveness.
(SIGNATURES FOLLOW ON NEXT PAGE)
Page 10 of 11
ADOPTED this
SEAL:
ATTEST:
DRAFT FOR DISCUSSION PURPOSES ONLY
day of
Carolyn Gallaway, Date
Clerk of the Board
2021, at M.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
Heidi Eisenhour, , Chair
Greg Brotherton, Member
Kate Dean, Member
APPROVED AS TO FORM
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Page 11 of 11
SON �0 JEFFERSON COUNTY
ww PLANNING COMMISSION
621 Sheridan Street j Port Townsend, WA 98368
360-379-4450 ! email: PianComm@co.jefferson.wa.us
�5��1va http://www.co.jefferson.wa.us/580/Planning-Commission
Jefferson County Board of Commissioners
P.O. Box 1220
Port Townsend, WA 98368
May 19, 2022
The Jefferson County Planning Commission is pleased to forward the following findings and recommendations regarding
proposed amendments to the Unified Development Code (UDC) for the siting, establishment, and operation of temporary
housing facilities in unincorporated areas of Jefferson County to the Board of County Commissioners. We provide these
recommendations for your consideration in the final adoption of UDC amendments for this subject.
The ordinance development process was a hands-on project as DCD worked with the community, stakeholders, and the
Planning Commission. The ordinance was well vetted and we find the proposed amendments are consistent with the
Jefferson County Comprehensive Plan (2018, as amended). On May 18, 2022, the Planning Commission voted to approve
the draft ordinance with modification, with a vote of 5 yeas, 0 nays, and 0 abstentions. We provide our findings below and
conclude with the Planning Commission recommendations.
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,
Planning Commission Finding: New circumstances present when the emergency ordinances were initiated,
namely the Covid pandemic, created the urgency for developing regulations to allow temporary housing
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 to support and assist unsheltered individuals.
(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
Planning Commission 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
Planning Commission Finding: There are 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. The public comments largely held that the community believes that people
facing housing challenges are an important issue to address. Also, the recent court rulings reinforcing
constitutional protections and limitations of local jurisdictions unduly burdening those experiencing housing
challenges, compel local jurisdictions to take action to establish supportive facilities connected to services.
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;
Plannine Commission Finding: Annual compounded Countywide total growth rate envisioned in the 2004
Comprehensive Plan was 1.78%. However, the current population planning projection 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;
Planning Commission 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. There is recognition that
levels of service may not be sufficient in the provision of affordable housing and living wage jobs and thus may
be a partial cause of the lower population growth we see. However, additional housing needs to be balanced
with the other priorities of our Comprehensive Plan, such as environment and agriculture protections, though
lack of affordable housing is still a critical issue.
(iii) Whether sufficient urban land is designated and zoned to meet projected demand and need;
Planning Commission Finding: There is a surplus of rural residential parcels in the county though we're
planning additional urban development in the Port Hadlock/Irondale UGA. Being near services is important, so
urban areas or Rural Village Centers would normally be developed at a scale and intensity to possibly provide
support services.
(iv) Whether any of the assumptions upon which the plan is based are no longer found to be valid;
Planning Commission 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;
Planning Commission Finding: Changes in county -wide attitudes are not evident, and amendments not needed
at this time.
(vi) Whether changes in circumstances dictate a need for amendments;
Planning Commission 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 § I
Planning Commission Finding: There are no inconsistencies between the proposed amendment and the
Comprehensive Plan, C WPPs, or GMA.
Takings Findings
Does the regulation or action result in a permanent physical occupation of private property?
Planning Commission Finding: No.
Does the regulation or action require a property owner to dedicate a portion of property or to grant an easement?
Planning Commission Finding: No.
Does the regulation or action deprive the owner of all economically viable uses of the property? ■
Planning Commission Finding: No.
3
Does the regulatory action have a severe impact on the landowner's economic interest?
Planning Commission Finding: Possibly. Adjacent landowners may be affected.
Does the regulation or action deny a fundamental attribute of ownership?
Planning Commission Finding: Possibly. Privacy, noise, light, glare could be experienced by adjacent property owners;
however, the code provisions consider this.
Findings on The Record
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?
Planning Commission Finding: Legal cases and support from community organizations familiar with the proposal were
considered.
Can assertions in the record be confirmed by information from other sources?
Planning Commission Finding: Yes. Broad source materials were considered.
Is the decision we are about to make based on the record?
Planning Commission Finding: Yes.
Does the decision we are about to make, as far as we know, satisfy legal criteria?
Planning Commission .Finding: Yes.
Is the decision we are about to make limited to the specific request at hand?
Planning Commission Finding: Yes.
Planning Commission Recommendation
With a vote of 5 yeas, 0 nays, and 0 abstentions, the Planning Commission recommends approval of the proposed ordinance
with modification.
Recommended Modification:
In the Planning Commission's experience, there are ordinances reviewed by the Planning Commission and adopted by the
Board that address a specific need with the best information we have at the time. However, as new information develops,
suggesting that the regulation need subsequent review and possible modification, it has been challenging to get it back on the
amendment docket. Cannabis regulations are an apt example.
The Planning Commission would like to build into the temporary housing ordinance a two-year period of operating under the
current regulations and then have a mandatory review of the ordinance to determine if there are any modifications needed to
ensure its effectiveness. This would avoid making the ordinance a permanent fixture if circumstances within two years
determine that the ordinance needs to be adapted.
If enacted June 2022, the ordinance would be subject to a Planning Agency review and public hearing, with
recommendations to the Board from the Planning Commission regarding any or no changes to the ordinance in June 2024.
Proposed ordinance text:
"Section 17. Ordinance Review. This ordinance shall be reviewed through the process outlined in Chanter 18.45
every two years to determine if there are any modifications needed to ensure its effectiveness."
Richard Hull, Chair
Jefferson County Planning Commission
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