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HomeMy WebLinkAbout2022 06 01 Temp Housing Fac Ord. Codified - Draft 2 ph Page 1 of 13 COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Adopting Development Regulations for the Siting, Establishment, and Operation of Temporary Housing Facilities for Unsheltered and Unhoused Individuals and Families in Unincorporated Jefferson County; Repealing and Replacing Ordinance 08-1213-21 ) ) ) ORDINANCE NO. _______________ ) ) ) ) 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 structure sites 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 structure sites 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- Page 2 of 13 21, repealing and replacing Interim Ordinance No. 10-1221-20, and renewing the interim control for an additional six months 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 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; and WHEREAS, the County Board of Commissioners adopts the foregoing as its findings of facts justifying the adoption of this Ordinance; 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. Appendix A: JCC Title 18 Code Amendments regarding Temporary Homeless Facilities Adopted. Title 18 JCC is hereby amended to include text additions and changes as indicated in Appendix A. Page 3 of 13 Section 4. Construction and Life Safety Requirements. A new section JCC 15.05.065 is added to the Jefferson County Code to read: 15.05.065 Construction and life safety requirements for temporary housing facilities permitted under JCC 18.20.385. The following requirements apply to any temporary housing facility permitted under JCC title 18: (1) A temporary housing facility, including all temporary structures, including tents, RVs, tiny 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 current adopted International Fire Code. An inspection of the entire site, including structures, as necessary, will be conducted prior to any extensions of the special use permit approval. (2) Any temporary structure containing a sleeping area must contain one operable window that allows for user-controlled ventilation. The window must meet egress requirements and be located on a separate wall from the door. Alternatively, an outswing door allowing egress from the tiny shelter may be substituted for the operable egress window. 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. (3) Doors and Windows; Locks or latches that might inhibit an emergency escape from within the unit are prohibited. 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. (4) Tents must have a minimum separation of ten feet from other tents or structures, including but not limited to RVs, tiny shelters, and other buildings. If tents or other membrane shelters are made of fire- retardant material, they may have a minimum separation of five feet from each other or 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 the site has a mix of tents, RVs, and tiny shelters, the most restrictive minimum separation between two types applies. (5) Each temporary structure and any common use building must contain a combination smoke/carbon monoxide detector with 10-year lithium batteries. The operating entity shall ensure that all such detectors are properly placed and maintained. (6) Each temporary structure and any common use building must contain a fire extinguisher with a minimum rating of 1-A:10-B:C. The operating entity shall ensure that all such detectors are properly placed and maintained. Fire extinguishers shall be inspected annually as required by the International Fire Code. (7) The following items and activities are prohibited within or adjacent to any tent or tiny structure: fuel gas appliances or other equipment, any open flame including candles, or convection or toaster ovens. Microwaves are allowed. Cooking activities, outside the use of a microwave, is only allowed in the officially designated cooking area. (8) The site plan shall include adequate emergency response vehicle access and turn-around within the site Page 4 of 13 through roadways and provide a hammer-head turn-around. (9) If there is a gate to the temporary housing facility, an established Knox box with a master key will be provided for fire officials. If the buildings have locks, a master key to all units will be placed in a Knox box for fire officials. (10) No smoking, hot plates, convection or toaster ovens, lighted candles, burning of incense or other types of open flame is permitted within any tent or tiny structure. The operating entity must provide a separate dedicated smoking area which is strictly enforced at all times. (11) Combustible waste material shall be controlled in accordance with the current adopted International Fire Code Section 304. (12) For any tiny shelter, an exterior porch light is required if dusk to dawn exterior lighting is not provided on the grounds of the temporary housing facility. The exterior porch light must be hard-wired with outlets. (13) Any in-wall mounted heaters or 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. (14) Any tiny shelter must have a Class C interior fire rating (painted plywood), or drywall. (15) There must be clear numbering of all individual units labeled on the exterior of unit. (16) 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. (17) All structures shall be provided with a landing, with steps and a handrail when necessary as specified in the International Building Code. (18) Tiny shelters must have a door with a minimum opening of 32 inches. (19) Common use structures like restrooms, bathing facilities or kitchens must be labeled by WA State Labor and Industries or built to International Code requirements and permitted by Jefferson County. All emergency shelters will be supported by a temporary foundation as approved by the building official. (20) Any tiny structure, or structure with more than one sleeping area, must be built to International Residential Code Appendix Q – Tiny Homes or be affixed with a label from WA State Labor and Industries. Section 14. Conflict with other Jefferson County Code Provisions. If the provisions of this Ordinance are found to be inconsistent with other provisions of the Jefferson County Code, this Ordinance shall control. Section 15. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other sentence, clause or phrase in this Ordinance. Section 16. Effective Date. This ordinance is effective upon the date signed by the Jefferson County Board of Commissioners. 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. Page 5 of 13 (SIGNATURES FOLLOW ON NEXT PAGE) Page 6 of 13 ADOPTED this _____ day of ____________________ 2021, at ___:___ __.M. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS SEAL: ____________________________________ Heidi Eisenhour , Chair ____________________________________ Greg Brotherton, Member ATTEST: ____________________________________ Kate Dean, Member APPROVED AS TO FORM _________________________________ ____________________________________ Carolyn Gallaway, Date Philip C. Hunsucker, Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney Page 7 of 13 APPENDIX A Section 1. JCC 18.10.130 is amended to include the following definition: "Managing agency" means an organization identified as the manager of a temporary housing facility by the UDC administrator under JCC 18.20.385(2)(a). Managing agencies are limited to religious organizations and non-profit agencies. A “managing agency” may be the same entity as the sponsor. Section 2. JCC 18.10.150 is amended to include the following definition: “Operating entity” for purposes of the temporary housing facility regulations in JCC 18.20.385 means the sponsor, managing agency, and individuals or organizations qualified by the UDC administrator under JCC 18.20.385(2)(a) to operate a temporary housing facility. Section 3. JCC 18.10.190 is amended to include the following definition: "Sponsor" for purposes of the temporary housing facility regulations in JCC 18.20.385 means an organization that: (1) is a State of Washington registered not-for-profit corporation and federally recognized tax exempt 501(c)(3) organization that invites a temporary housing facility to reside on land it owns or leases, or (2) 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. Section 4. JCC 18.10.20 is amended to include the following definitions: "Temporary housing facility" means a facility providing temporary housing accommodations pursuant to JCC 18.20.385 Temporary housing facilities include temporary structures as defined in JCC 18.10.200 and may also include a safe parking area.. “Temporary structures” includes tents, RVs, tiny shelters, and any other structure designed to provide personal and private shelter to an individual or family. "Temporary tent facility" means a temporary housing facility for unhoused people that is composed of tents or other temporary structures, as approved by the UDC administrator, on a site permitted by the department pursuant to JCC 18.20.385. "Temporary tiny shelter village" means a temporary housing facility for unhoused people that is composed of purpose-built tiny structures, as approved by the UDC administrator, on a site permitted by the department pursuant to JCC 18.20.385. Temporary tiny structures for unhoused people are typically less than 200 square feet and easily constructed and moved to various locations. For the purposes of JCC 18.20.385, temporary tiny structures are not dwelling units for purposes of the building code. Section 5. JCC 18.15.040 shall be amended to read: Page 8 of 13 [INSERT AMENDMENT OF USE MATRIX HERE- EPF Type V- JCC 18.15.110 Special Use permit] Section 6. A new section JCC 18.20.385 is added to the Jefferson County Code to read: (1) The purpose of this section 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 Jefferson County. (2) The following site requirements shall apply to all temporary housing facilities, unless modified by the UDC administrator through approval of a Type V special use permit pursuant to JCC 18.15.110 and consistent with the purposes of this section: (a) Qualifications of an individual or organization applying to permit a temporary housing facility. (i) Any individual or organization that applies to permit a temporary housing facility shall include information in its application material that demonstrates one or more of the following: (A) Experience providing similar services to unhoused individuals; (B) A certification or academic credentials in an applicable human service field; (C) Applicable experience in a related program with unhoused populations; or (D) Experience with similar services. (ii) Should an individual or organization not have any of the qualifications in JCC 18.20.385(2)(a)(i), the UDC administrator may recommend additional prescriptive measures to ensure that the facility is operated in conformance with local, state, and federal requirements, minimize risk to both residents of the temporary housing facility and the community in general. (b) Frequency and duration of temporary housing facilities. (i) Each facility will be limited in its service capacity to the number of people that the site can accommodate, as determined by the UDC administrator. Multiple facility locations may be permitted. (ii) The UDC administrator shall not grant a permit for the same site more than once in any calendar year; provided that UDC administrator is not authorized to issue a permit for the same site sooner than 180 days from the date the site is vacated. (iii) Temporary tent facilities may be approved for a period not to exceed 180 days. The UDC administrator may recommend 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. (iv) 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 UDC administrator 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 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. Page 9 of 13 (c) Location and site plan requirements. A temporary housing facility: (i) shall be located in reasonable proximity to public services through use of public transit. If the proposed site is not in reasonable proximity, the applicant may meet this requirement by providing a plan demonstrating how the applicant will provide access to public services to occupants of the proposed facility. (ii) shall be located in accordance with the setback requirements set forth in Chapter 18.30 JCC; [provided that the required setbacks may be modified by the UDC administrator if site conditions require alternate setbacks to conform with the purpose and related site requirements in this section]; (iii) shall not be located within a critical area or its buffer as defined by Chapter 18.22 JCC; (iv) shall comply with all applicable development standards of Title 18 JCC, except that square footage of temporary structures shall not be considered for the purposes of calculating parcel's total lot coverage; (v) shall not be sited in a manner which displaces on-site parking on the host property necessary for another on-site principal use, unless sufficient required off- street parking remains available for the host's principal use or unless a shared parking agreement is executed with adjacent properties; (vi) shall contain exterior lighting that is directed downward so that glare is contained within the premises; and (vii) shall be sized in accordance with site conditions and other factors. The UDC administrator shall determine the maximum number of persons who may reside at the facility. (d) Submittal requirements. The sponsor and the managing agency ("applicant") shall both sign an application to permit a temporary housing facility. In addition to all other applicable submittal requirements in Title 18 JCC, the applicant shall submit: (i) a site plan of the property, drawn to scale, showing existing natural features and critical areas, existing and proposed grades, existing and proposed utility improvements, existing rights-of-way and improvements, and existing and proposed structures including tents and other improvements, stormwater and erosion control, landscaping and perimeter plan for the proposed facility, and the parking on the property, as well as off- site parking; (ii) a vicinity map, showing the location of the site in relation to nearby streets and properties; (iii) a written summary of the proposal, responding to the applicable standards and requirements of JCC Title 18; (iv) a statement of actions that the applicant will take to obtain verifiable identification from all facility residents, for the purpose of obtaining sex offender and warrant checks from appropriate agencies; (v) project statistics, including proposed site area, building coverage, number and location Page 10 of 13 of tents and temporary structures, expected and maximum number of residents, and duration of the facility; (vi) address and parcel number of the subject property; (vii) photographs of the site; (viii) 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; (ix) applicable permit fees; (x) a list of any development standard under Chapter 18.30 the applicant is asking to modify; (xi) a statement of qualifications of the applicant meeting the requirements of JCC 18.20.385 (2)(a). (xii) a perimeter plan, that provides for site screening from neighboring land uses and which limits access to the site for safety and security reasons, unless the UDC administrator determines that there is sufficient vegetation, topographic variation, or other site conditions which make additional screening unnecessary. The county road engineer shall review the perimeter plan to ensure that any proposed screening does not create a sight obstruction at the street, street intersections, or curbs. Screening material may include fencing, landscaping or other site- specific methods approved by the UDC administrator. The approved plan shall be included as a condition of approval; (xiii) a transportation plan that addresses transit proximity, vehicle circulation, and pedestrian and bicycle ingress and egress to the facility. The approved plan shall be included as a condition of approval; (xiv) an operations plan, including standard operating procedures, that shall address site management, site maintenance, and provision of human and social services, including but not limited to the requirements of JCC 18.20.385(2). The approved plan shall be included as a condition of approval; (xv) a safety and security plan which incorporates feedback from local law enforcement services, describing measures that the site manager will employ to promote the safety of facility occupants and surrounding residents and businesses, including, but not limited to: (xvi) criteria for rejection or removal of an individual seeking access to the proposed homeless services use; (xvii) a plan for deployment (including time, place and manner) of security patrols; (xviii) a plan to address disruptive behavior in the facility and in the perimeter area that infringes on the safety of occupants or employees of the use, and a description of the consequences for engaging in disruptive behavior; (xix) a plan for managing loitering, panhandling, and unpermitted camping in the perimeter area of the homeless services use; Page 11 of 13 (xx) identification of site-specific magnet areas (e.g., greenbelts, parks, libraries, transit facilities, etc.) and a plan to address behavior that is inconsistent with the code of conduct and Jefferson County Code; (xxii) implementation of registered sex offender background checks and compliance with applicable registration and notification requirements; (xxiii) a plan for managing individuals excluded from accessing the proposed homeless services uses; (xxiv) a plan for coordination and communication between the operator and law enforcement agencies to ensure timely information sharing between agencies; (xv) provision of a phone number and point of contact at the site of the proposed temporary housing facility for the community to report concerns; (xvi) a plan for addressing reported concerns and documenting resolution, and making this information publicly available; and (xvii) identification of performance metrics that will be used to track compliance with the safety and security plan. (xviii) a policy document, which will be incorporated into the conditions of approval, that addresses the following issues: (A) entry and denial of service; (B) a process for addressing grievances of both temporary facility residents and concerned neighbors and citizens of the broader community; (C) any other policies necessary for the health, safety, and welfare of temporary facility residents; and (D) a proposed code of conduct to be further developed and adopted by the occupants of the facility. A “code of conduct” is an agreement on rules of behavior between occupants of a temporary housing facility, and between occupants and the operating entity. The code of conduct is intended to protect the health, safety and welfare of the occupants and employees of the temporary housing facility, and surrounding residents and businesses. The code of conduct may include, but is not limited to: I. Respect the rights of property owners to restrict access to areas of their property that are not open to the public; II Use operator -suggested routes of travel to access the homeless services use; III. Maintain the site aesthetics; IV. Respect state law restrictions on smoking and use designated smoking areas where provided; V. Comply with terms of good neighbor agreement provisions that apply to occupants of the temporary housing facility. Page 12 of 13 (e) Operational requirements. (i) No children under the age of 18 are allowed to stay overnight in the temporary facility unless accompanied by a parent or legal guardian. If a child under the age of 18 without a parent or legal guardian present attempts to stay at the facility, the sponsor and the managing agency shall immediately contact the Department of Social and Health Services, Child Protective Services for placement in an alternative shelter; (ii) The operating entity shall ensure compliance with all state and local public health regulations during operation of the facility. As a condition of approval of the temporary housing facility, the operating entity shall allow public health officials reasonable access for inspection purposes. The operating entity shall permit inspections by any state or local agency to ensure such compliance with such regulation and shall implement all directives resulting therefrom within the specified time period. The operating entity must document ongoing compliance with public health requirements, including but is not limited to the following: (A) potable water, which is available at all times at the site; (B) sanitary portable toilets, which shall be set back from all property lines as determined by the UDC administrator and serviced as often as necessary to ensure sanitary conditions; (C) hand-washing stations by the toilets and food preparation areas; (D) food handling and storage facilities meeting all public health requirements (including those in Chapter 246-215 WAC and Title 8 JCC), including but not limited to proper temperature control for food storage and an educational program for temporary housing facility residents; and (E) refuse receptacles capable of providing capacity to keep the facility clean, without excess garbage accumulating outside of receptacles. (iii) The operating entity 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 their 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. (iv) The operating entity shall take all reasonable and legally permissible steps to obtain verifiable identification information from current and prospective facility residents, including full name and date of birth, and complete background checks with the appropriate agencies. The operating entity 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 operating entity. (v) The operating entity shall immediately contact the Jefferson County Sheriff’s Office if any individual is rejected or ejected from the facility under any of the following Page 13 of 13 circumstances: (A) there is an active warrant on the individual; (B) there is a match on a sex offender check; or (C) in the opinion of the on-duty point of contact or on-duty security staff, the person rejected or ejected is a potential threat to the community. (vi) The operating entity and temporary facility residents shall cooperate and collaborate with other providers of shelters and services for unhoused persons within the county, particularly with respect to provision of services and availability of resources; (vii) Upon vacation of a temporary facility, all temporary structures and debris shall be removed from the host site within one calendar week, unless otherwise permitted by the UDC administrator. The site shall be restored, as near as possible, to the original condition, as identified in the site photos submitted with the application. Where deemed necessary by the UDC administrator, the operating entity shall re-plant areas in which vegetation had been removed or destroyed. (3) Subsequent to approval, the operating entity shall apply to the department for an emergency locator address for purposes of emergency response. (4) The operating entity shall ensure that a temporary housing facility is at all times in compliance with the requirements of Chapter 15.05. JCC with respect to building and fire code requirements. As a condition of approval of the temporary housing facility, the operating entity shall allow building and fire code officials reasonable access for inspection purposes. (5) Conditions. Because each temporary facility has unique characteristics, including, but not limited to, size, duration, uses, number of occupants and composition, the UDC administrator shall have the authority to recommend conditions on the approval of a special 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 a special 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 UDC administrator shall deny the application. (6) Modification of Requirements. The UDC administrator may recommend approval of a special 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 UDC administrator 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) This ordinance shall undergo a review by the Board of County Commissioners two years after adoption to ensure the regulations are achieving the state purpose of the ordinance and is adequately implementing the goals and policies of the Comprehensive Plan and protecting life and public safety.