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HomeMy WebLinkAboutMay 23 2022 PM BoCC Temp Housing Ord Brief JMPOrdinance for the Siting, Establishment and Operation of Temporary Housing Facilities May 23, 2022 Brent A. Butler, Director, Community Development Joel Peterson, AICP, Project and Planning Lead for New Regulations BoCC Workshop Agenda 1.Background of Housing Emergency 2.Background of Planning Commission Process 3.External Factors a.Legal Basis b.GMA c.Funding 4.Planning Commission 5.Changes to Ordinance Agenda 1.Background of Housing Emergency Why? •Point In Time (PIT) County •COVID-19 Eviction Regulations March 2020 Eviction Moratorium Jefferson County Property Values and Rental Rate UP! Jefferson County has lowest inventory ever recorded Why? •Point In Time (PIT) County •COVID-19 Eviction Regulations March 2020 Eviction Moratorium Jefferson County Property Values and Rental Rate UP! Jefferson County has lowest inventory ever recorded BoCC declared an emergency for low and very low-income Jefferson County State authorizes religious org. as hosts for temporary housing –no regulations in JCC code Making Homelessness a Singular Occurrence Homeless Crisis Response and Housing 5 Year Plan for Jefferson County, WA Prepared by the Affordable Housing & Homeless Housing Task Force 2020 -2024 Resolution No. 63-19 Point in time count data Point In Time (PIT) County Agenda 1.Background of Housing Emergency 2.Background of Planning Commission Process Planning Commission Process Planning Commission holds public hearing(s) Planning Commission deliberates and sends recommendations to the BoCC on development regulations BoCC can: 1) Accept recommendations, 2) Modify recommendations, 3) Send back to Planning Commission for further review 4) Deny Staff Recommendation: Hold Public Hearing for June 13 with modifications, as identified today Agenda 1.Background of Housing Emergency 2.Background of Planning Commission Process 3.External Factors a.Legal Basis b.GMA c.Funding Legal Basis: Martin V. City of Boise Ninth Circuit Court of Appeals. 9th Circuit Court Applies to Washington. Unconstitutional to prohibit camping in public places when no other alternatives exist. Legal Basis: The Religious Land Use and Institutionalized Persons Act (RLUIPA) Public Law 106–274, codified as 42 U.S.C. §2000cc et seq., Signed into law in 2000. (a)Substantial burdens (1)General rule No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution— (A)is in furtherance of a compelling governmental interest; and (B)is the least restrictive means of furthering that compelling governmental interest Legal Basis: Why was RLUIPA passed? As its name suggests, the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) was passed by Congress in an effort to protect the religious rights of prisoners and of people who wish to use property for religious purposes when zoning laws forbid such uses. Legal Basis: Homestead Rights MRSC Article: Living in Vehicles: How Homestead Rights Affect Municipal Impounds. Homestead Act is an important protection in Washington Law. The purpose of the Act is to place qualifying homes, or portions of them, beyond the reach of judgements and creditors to prevent families from experiencing destitution and to promote the stability and welfare of the state. The origins of the Act are in the Washington Constitution (Article 19/Section 1.) See Chapter 6.13 RCW. Legal Basis: WA Supreme Court Washington Supreme Court decided City of Woodinville v. Northshore United Church of Christ, 166 Wn.2d 633, 211 P.3d 406 (2009), holding that a moratorium on temporary homeless encampments constituted a substantial burden on a religious organization’s beliefs and practices and therefore violated Article 1, Section 11 of the Washington State Constitution. The following year, the legislature adopted ESHB 1956, creating RCW 35.21.915, (non- code cities), RCW 35A.21.360 (code cities) and RCW 36.01.290 (counties). ESHB 1754 most recent legislation and made significant changes. Legislative/Legal: WA Dept. of Commerce Commerce Guidance: Fair Housing Act and Non-Discrimination ENGROSSED SUBSTITUTE HOUSE BILL 1754, ESSHB 1220 Laws of 2021 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 (exemption from state building code requirements) [for Brick & Mortar Buildings] Growth Management Act (GMA) Ch. 18.45 JCC COMPREHENSIVE PLAN AND GMA DEVELOPMENT REGULATIONS AMENDMENT PROCESS JCC 18.45.070 BoCC Direction to Develop Ordinance Planning Agency (Community Development Planning Commission) 1.Public Hearing 2.Create a Record 3.Findings from the Comprehensive Plan 4.Growth Management Indicators (GMIs) 5.Planning Commission Recommendation Letter BoCC Briefing 1.Discuss the Record 2.Identify Issues BoCC Hearing and Decision FUNDING: Local government homeless prevention efforts in Washington State Under the requirements of the Homelessness Housing and Assistance Act (Ch. 43.185C RCW) and in order to qualify for most funding sources, jurisdictions must complete a plan to address homelessness in their communities. Specifically, plans are required at the county level, which usually involves a cooperative plan between city and county governments together with local nonprofits, businesses and faith communities. Agenda 1.Background of Housing Emergency 2.Background of Planning Commission Process 3.External Factors a.Legal Basis b.GMA c.Funding 4.Planning Commission 5.Changes to Ordinance Incorporate Findings into Conclusions and Recommendations Findings List List conclusions What are the Planning Commission’s specific Recommendations? Planning Commission Recommendations Accepted ordinance as amended, recognizing that Community Development Building Division amended the building requirements as much as possible. Provision for Ordinance Review--See Handout of Planning Commission recommendation letter. Jefferson County Housing/Homelessness Plan The Five Year Plan Homeless Housing Plan, 2020-2024, Resolution 63-19. "Making Homelessness a Singular Occurrence, Homeless Crisis Response and Housing 5 Year Plan for Jefferson County, WA. Prepared by the Affordable Housing & Homeless Housing Task Force, 2020-2024." Where proposed UDC amendments would be codified 18.20.385 Performance and Use Standards Put building standards in Title 15? Ch. 18.10 Definitions 18.15.040 Use Table, either “Essential Public Facility” or “Public Purpose Facility”? “Essential public facilities” means those important and necessary facilities which provide essential services that are typically difficult to site, such as airports, state educational facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance-abuse facilities, mental health facilities, and group homes (RCW 36.70A.200). They do not necessarily include all public facilities or services; they may be, but are not necessarily, publicly owned. Essential public facilities in Jefferson County include airports, large-scale transportation facilities, solid waste handling and disposal facilities, correctional facilities, in-patient treatment facilities including substance-abuse facilities, and mental health facilities, state-owned educational facilities, and wastewater treatment plants. “Public purpose facilities” means lands and facilities needed to provide the full range of services to the public provided by government, substantially funded by government, contracted for by government, or provided by private entities to meet public service obligations. Comments Agency Comments:1 (Community Development Building Division) OlyCAP:1 Public Comments:9 Comp plan definition homeless: Have definitions that you may wish to consider? Unhoused individual Person experiencing homelessness Can City of Port Townsend extend city sewer without UGA boundary amendment? Findings Growth Management Indicators Comprehensive Plan JCC 18.45.080 Required Findings JCC 18.45.080(1)(b)(III) Proposal reflect current, widely held values? Vision Statement Foundational Principles Rural Character Land Use Element Housing Element Other THANK YOU QUESTIONS?