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HomeMy WebLinkAbout6014 ORDINANCE NO. 6 0 1 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 18.04.792 AND CREATING NEW SECTIONS 18.04.465, 18.04.485, 18.04.828 AND 18.46.090 OF THE AUBURN CITY CODE RELATED TO HOMELESS ENCAMPMENTS WHEREAS, during recent years several communities in the Puget Sound area have been approached by certain entities to allow temporary homeless tent encampments on property owned by King County and/or by other agencies or entities; and, WHEREAS, some of the temporary tent encampments did not comply or did not fully comply with the permitting requirements of the jurisdictions in which the temporary tent encampments were located; and, WHEREAS, the temporary tent encampments have necessitated increased police presence in the area of the temporary tent encampments to protect the public health, safety and welfare, at significant public costs; and, WHEREAS, the Auburn Comprehensive Plan supports implementing standards to minimize health and safety impacts and to protect the character of neighborhoods from homeless encampments; and, WHEREAS, on January 18, 2005, the Auburn City Council approved Resolution No. 3808 establishing a moratorium on the acceptance of applications for licenses, permits and approvals relating to transitory accommodations, and establishing a work plan for review and development of ordinances and regulations relating to land uses for transitory accommodations, for an initial period of one year, to: (1) properly review and assess the impacts a particular proposed transitory accommodation may have on the City and the immediate neighborhood; and, (2) determine the reasonable and appropriate measures to be taken to mitigate those identified negative impacts; and, Ordinance No. 6014 May 2, 2006 Page 1 of 8 WHEREAS, in accordance with Washington State law including RCW Sections 35A.63.220 and 36.70A.390 and within sixty days of the date of the adoption of the moratorium, a public hearing on the moratorium was held by the Auburn City Council on March 7, 2005; and, WHEREAS, on January 17, 2006, the Auburn City Council approved Resolution No. 3966 providing for a six month extension on moratorium on the acceptance of applications for licenses, permits and approvals relating to transitory accommodations; and, WHEREAS, on January 17, 2006 the Auburn City Council held a public hearing on the extension of the moratorium; and, WHEREAS, in conformity with the responsibilities of the City of Auburn to provide for zoning and land use regulations pursuant to state law, and the City's authority to regulate land use activity within its corporate limits, the City developed appropriate zoning and land use regulations for homeless encampments; and, WHEREAS, on April 4, 2006, the City of Auburn Planning Commission held a duly noticed public hearing on the code amendment and, after considering testimony, made a recommendation to City Council, and, WHEREAS, on May 8, 2006 the Planning and Community Development Committee of the Auburn City Council recommended approval of the proposed ordinance to the City Council. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOllOWS: SECTION ONE. AMENDMENT TO CITY CODE. That Section 18.04.792 of the Auburn City Code is amended to read as follows: Ordinance No. 6014 May 2, 2006 Page 2 of 8 18.04.792 Religious institution. "Religious institution" means an establishment that provides religious worship, religious services or religious ceremonies as its principal use with the sanctuary or principal place of worship contained within a principal building. Incidental and accessory uses that include Sunday school rooms, daycare, classrooms, kitchen, library room or reading room, recreation hall or offices are permitted in the principal building or in separate buildings. Caretaker's quarters or living quarters for employees are also permissible. Unless allowed under a valid temporary use permit issued pursuant to ACC section 18.46.090. the followina ~incidental and accessory uses ~ not permitted afe: (A) facilities for training of religious orders; (B) nonemployee rooms for rent, boarding rooms or similar facilities; or (C) public showers or other public health services. SECTION TWO CREATION OF NEW SECTION TO CITY CODE. That a new Section 18.04.465 of the Auburn City Code is created to read as follows: 18.04.465 Homeless Encampment. "Homeless encampment" means an emergency homeless encampment hosted by a church or other organization, which provides temporary housing to homeless persons. SECTION THREE CREATION OF NEW SECTION TO CITY CODE. That a new Section 18.04.485 of the Auburn City Code is created to read as follows: 18.04.485 Host Agency "Host agency" means the owner of the property, being a religious institution or other organization, that joins a sponsoring agency in an application for a Temporary Use Permit for providing basic services and support to homeless encampment residents, such as hot meals, coordination of other needed donations and services, etc. SECTION FOUR CREATION OF NEW SECTION TO CITY CODE. That a new Section 18.04.828 of the Auburn City Code is created to read as follows: 18.04.828 Sponsoring Agency "Sponsoring agency" means an organization that joins in an application with a host agency for a Temporary Use Permit and assumes responsibility for providing basic services and support to homeless encampment residents, such as hot meals, coordination of other needed donations and services, etc. SECTION FIVE CREATION OF NEW SECTION TO CITY CODE. That a new Section 18.46.090 of the Auburn City Code is created to read as follows: 18.46.090 Homeless encampments. The Director of Planning, Building and Community may issue a temporary and revocable permit for a Homeless Encampment subject to the following criteria and requirements. Ordinance No. 6014 May 2, 2006 Page 3 of 8 A. Procedural approval. 1. The Sponsoring Agency shall notify the City of the proposed Homeless Encampment a minimum of 30 days in advance of the proposed date of establishment for the Homeless Encampment and at least 14 days before submittal of the Temporary Use Permit. The advance notification shall contain the following information: a. The date the Homeless Encampment will encamp. b. The length of the encampment. c. The maximum number of residents proposed; and, d. The host location. 2. The sponsoring agency shall conduct at least one (1) public informational meeting within, or as close to, the neighborhood where the proposed Homeless Encampment will be located, a minimum of two (2) weeks prior to the submittal of the Temporary Use Permit application. The time and location of the meeting shall be agreed upon between the City and sponsoring agency. All property owners within 1,000 feet of the proposed Homeless Encampment shall be notified at least 14 days in advance of the meeting by the sponsoring agency. Proof of mailing shall be provided to the Director of Planning Building and Community. 3. The temporary use permit application shall be accompanied by a hold harmless agreement whereby the host agency and sponsoring agency agree to indemnify the city of Auburn for, and hold it harmless from, all damages that may result from the operation of the homeless encampment by such permit grantee and shall pay all damages for which the permit grantee or the city of Auburn shall be held liable as the result of injuries suffered by any person, association or corporation by reason of the operation of the homeless encampment, provided, that in case any claim is filed with the city of Auburn or any suit or action is instituted against said city by reason of any such damage or injury the city council shall promptly cause written notice thereof to be given to the grantee and the grantee shall have the right to defend any such suit or action. B. Site Criteria 1. If the sponsoring agency is not the host agency of the site, the sponsoring agency shall submit a written agreement from the host agency allowing the Homeless Encampment. 2. The property must be sufficient in size to accommodate tents and necessary on-site facilities, including, but not limited to the following: a. Sanitary portable toilets in the number required to meet capacity guidelines; b. Hand washing stations by the toilets and by the food areas; c. Refuse receptacles; d. Food tent and security tent. 3. The host and sponsoring agencies shall provide an adequate water source to the Homeless Encampment, as approved by the provider as appropriate or other water service. 4. No Homeless Encampment shall be located within a Critical Area or its buffer as defined under Chapter 16.10. Ordinance No. 6014 May 2, 2006 Page 4 of 8 5. No permanent structures will be constructed for the Homeless Encampment. 6. No more than 100 residents shall be allowed. The City may further limit the number of residents as site conditions dictate. 7. Adequate on-site parking shall be provided for the Homeless Encampment. No off-site parking will be allowed. The number of vehicles used by Homeless Encampment residents shall be provided. If the Homeless Encampment is located on-site with another use, it shall be demonstrated that the Homeless Encampment parking will not create a shortage of code-required on-site parking for the other uses on the property. 8. The Homeless Encampment shall be within a quarter (1/4) mile of a bus stop with seven (7) days per week service, whenever possible. If not located within a quarter mile of a bus stop, the sponsoring agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses). 9. The Homeless Encampment shall be adequately buffered and screened from adjacent right-of-way and residential properties. Screening shall be a minimum height of six (6) feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the City. 10. All sanitary portable toilets shall be screened from adjacent properties and rights-of-way. The type of screening shall be approved by the City and may include, but is not limited to, a combination of fencing and/or landscaping. 11. The sponsoring agency shall be responsible for the clean up of the homeless encampment site within seven (7) calendar days of the encampment's termination. C. Secu rity 1. An Operations and Security Plan for the Homeless Encampment shall be submitted and approved by the City. 2. The host agency shall provide to all residents of the Homeless Encampment a "Code of Conduct" for living at the Homeless Encampment. A copy of the "Code of Conduct" shall be submitted to the City at the time of application. 3. All Homeless Encampment residents must sign an agreement to abide by the Code of Conduct and failure to do so shall result in the noncompliant resident's immediate and permanent expulsion from the property. 4. The sponsoring agency shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay. 5. The sponsoring agency shall take all reasonable and legal steps to obtain verifiable identification, such as a driver's license, government-issued identification card, military identification or passport from prospective and existing encampment residents. Ordinance No. 6014 May 2, 2006 Page 5 of 8 6. The sponsoring agency will use identification to obtain sex offender and warrant checks from the Pierce County or King County Sheriff's Office or relevant local police department. a. If said warrant and sex offender checks reveal either: (1) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (2) the subject of the check is a sex offender, required to register with the County Sheriff or their county of residence pursuant to RCW 9A.44.130, then sponsoring agency will reject the subject of the check for residency to Homeless Encampment or eject the subject of the check if that person is already a Homeless Encampment resident. b. The sponsoring agency shall immediately contact the Auburn Police Department if the reason for rejection or ejection of an individual from the Homeless Encampment is an active warrant, is due to the individual being a sex offender required to register and/or if, in the opinion of the on-duty Executive Committee member or the on-duty security staff the rejected/ejected person is a potential threat to the community. 7. The sponsoring agency shall self-police and self-manage its residents and prohibit alcohol, drugs, weapons, fighting, and abuse of any kind, littering or disturbing neighbors while located on the property. 8. The sponsoring agency will appoint an Executive Committee member to serve "on-duty" at all times to serve as a point of contact for City of Auburn Police and will orient the Police as to how the security operates. The names of the on-duty Executive Committee members will be posted daily in the security tent. The City shall provide contact numbers of non-emergency personnel, which shall be posted at the security tent. D. Timing 1. The maximum continuous duration of a homeless encampment shall be ninety (90) days. Citywide, the total maximum number of days homeless encampments may operate in the City shall not exceed 180 days in any twenty four (24) month period (e.g. two homeless encampments each operating 90 days (maximum 180 days total) may be allowed in a twenty four (24) month period). 2. No more than one (1) Homeless Encampment may be located in the City at any time. E. Health and Safety 1. All temporary structures within the Homeless Encampment shall conform to all Building Codes. 2. The Homeless Encampment shall conform to the following Fire requirements. a. Material used as roof covering and walls shall be of flame retardant material. b. There shall be no open fires for cooking or heating. c. No heating appliances within the individual tents are allowed unless the appliance is designed and licensed for that purpose. Ordinance No. 6014 May 2, 2006 Page 6 of 8 d. No cooking appliances other than microwave appliances are allowed. e. An adequate number and appropriate rating of fire extinguishers shall be provided as approved by the Fire Department. f. Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the Fire Department. g. Adequate separation between tents and other structures shall be maintained as determined by the Fire Department. h. Electrical service shall be in accordance with recognized and accepted practice; Electrical cords are not to be strung together and any cords used must be approved for exterior use. 3. The sponsoring and host agencies shall permit inspections by Auburn staff and the King County Health Department at reasonable times without prior notice for compliance with the conditions of this permit. F. Termination 1. If the sponsoring agency fails to take action against a resident who violates the terms and conditions of this permit, it may result in immediate termination of the permit. If the City learns of uncontrolled violence or acts of undisciplined violence by residents of the encampment and the sponsoring agency has not adequately addressed the situation, the Temporary Use Permit may be immediately terminated. SECTION SIX TERMINATION OF MORATORIUM. On the effective date of this Ordinance, the Moratorium on transitory housing, established by Resolution No. 3808, passed on the 18th day of January, 2005, and extended by Resolution No. 3966 on the 1 ih day of January, 2006, shall terminate and be of no further force and effect. SECTION SEVEN CONSTITUTIONALITY OR INVALIDITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION EIGHT IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 6014 May 2, 2006 Page 7 of 8 SECTION NINE EFFECTIVE DATE. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. ATTEST: &tW)I?~ Da . . lie E. Daskam, City Clerk PUBLISHED: ~\~ 2:0\ , 2~ Ce, Ordinance No. 6014 May 2, 2006 Page 8 of 8 INTRODUCED: PASSED: PROVED: JUl 1 7 2006 JUL I 7 2006 JUL I 7 2006 --~ PETER B. LEWIS MAYOR