HomeMy WebLinkAboutITEM VIII-A-1
AGENDA BILL APPROVAL FORM
Agenda Subject: lOA05-0003 Homeless Encampments Date: July 10, 2006
Department: Planning, Attachments: Ordinance No. 6014; Budget Impact:
Building and Community Resolution No. 3808; Resolution No. 3965;
Determination of Non-Sianificance CONS).
Administrative Recommendation: City Council introduce and adopt Ordinance No. 6014.
Background Summary:
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.
Most if not all of the encampments have been sponsored by an organization called SHARE/WHEEL. The
encampments appear to address the provision of reasonably safe, temporary shelter and community for
individuals and families that may otherwise be forced into shelters or onto the streets. They also have
become newsworthy events where neighborhood opposition has kept the homeless issue in the eyes of
the media.
The homeless encampments are transient by design, usually occupying a site for about 3 months.
County Executive Sims has become a vocal supporter of SHARE/WHEEL's efforts and has offered to
make County-owned sites available for encampments. The County produced a document that identified
potential encampment sites on public land. One of the sites so identified is in Auburn, south of West
Main Street off of Lund Road in a the M-1 (Light Industrial) zone. However, most if not all recent
encampments have occurred on sites owned by religious institutions.
For the most part, the encampments have generally not had as large an impact as neighborhood
residents had feared. The churches that house them have made efforts to meet their needs and the
encampments themselves are somewhat self-governing. However, there have been a few incidents of
crime and problems related to housing large numbers of people on small sites not intended for the
purpose. The temporary tent encampments have also necessitated increased police presence in the
area of the temporary tent encampments to protect the public health, safety and welfare, at significant
public costs.
L0717 -2
03.10.15
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
o Arts Commission COUNCIL COMMITTEES: o Building o M&O
o Airport o Finance o Cemetery o Mayor
o Hearing Examiner o Municipal Servo o Finance o Parks
o Human Services I:8J Planning & CD o Fire I:8J Planning
o Park Board I:8JPublic Works o Legal o Police
o Planning Comm. o Other o Public Works o Human Resources
o Information Services
Action:
Committee Approval: DYes ONo
Council Approval: DYes ONo Call for Public Hearing _/~-
Referred to Until _1_1-
Tabled Until _/~-
Councilmember: Norman I Staff: Krauss
Meetina Date: July 17, 2006 I Item Number: VIlI.A.1
AUBURN * MORE THAN YOU IMAGINED
Agenda Subject: lOA05-0003
Date: July 10, 2006
Cities that have been confronted with a pending siting of an encampment have not been given much time
to respond. Generally there are a few weeks between notice and relocation, occasionally just a few days.
As a result of these factors and considerations, the homeless encampments have caused cities to review
their codes to ascertain how they would handle one if/when confronted and several communities are
considering code amendments.
In response to the issue of homeless encampments, in January 2005 the Auburn City Council approved a
moratorium on the acceptance of applications for licenses, permits and approvals relating to transitory
accommodations. That moratorium was extended on January 2006 by Resolution No. 3965 for an
additional six month period.
One of the unresolved issues concerns the location of encampments at religious institutions. In at least
one instance the church maintained they were immune from local permitting authority due to the Federal
"Religious Land Use and Institutionalized Persons Act of 2000".
On April 4, 2006 the Auburn Planning Commission held a public hearing on the proposed code
amendment and recommended approval with two modifications. One person, who indicated that she was
homeless, testified at the Planning Commission public hearing.
On April 24, 2006 the PCD Committee discussed Ordinance No. 6014 and offered the following
comments:
1. Amend the ACC 18.46.090 (D) to provide for a maximum time limit of 90 days and a
maximum total (cumulative) of 180 days within a two year period for all homeless
encampments citywide.
2. Amend ACC 18.46.090(C)(6)(b) to ensure all situations identified in ACC 18.46.090(C)(6)(a)
are to be reported to the Auburn Police by the sponsoring agency (this primarily means sex
offenders required to register are also to be reported to the Auburn Police); and
3. Consult with the City Attorney regarding liability issues (see related issue in Municipal
Services Committee discussion below, item 2).
On May 1, 2006, the Municipal Services Committee reviewed and discussed proposed Ordinance No.
6014. The Municipal Services Committee's comments included:
1. Ensure that the temporary use permit requirements and allowance for a homeless
encampment does not conflict with the definition for "Religious institution". (In response, a
new Section 1 to the Ordinance has been added amending the definition of "Religious
Institutions" to clarify that homeless encampments may be an exception to the overnight stay
limitation).
2. Add hold harmless language; (New proposed language has been added to (ACC
18.46.090(A)(3)) requiring the submittal of a hold harmless agreement with the temporary use
permit application).
3. Add language that speaks to prompt clean up of the site following the conclusion of homeless
encampment stay; (New proposed language has been added to ACC 18.46.090(8)(11)
stating this requirement.)
4. Request that the Parks, Arts and Recreation Department be contacted regarding its policies
on length of stay within city parks. The Parks Department has indicated that camping is not
permitted in City parks with the exception of Game Farm Wilderness Park campground. Even
there, the length of stay would be limited to seven (7) days without additional approvals.
On May 8, 2006, the PCD Committee recommended approval of the proposed ordinance and
recommended two (2) additional revisions. Specifically: 1) The sponsoring agency is given a seven (7)
Page 2 of 4
Agenda Subject: ZOA05-0003
Date: July 10, 2006
day period to clean up the site after the encampment disbands; and, 2) The 180 day maximum time
period for homeless encampments within a "two (2) year" period was revised to a "24 month" period.
Facts and Findinas
1. 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.
In accordance with Washington State law, a public hearing on the moratorium was held by the Auburn
City Council on March 7, 2005.
2. On January 3, 2006, the Auburn City Council approved Resolution No. 3965 providing for a six month
extension on moratorium on the acceptance of applications for licenses, permits and approvals relating to
transitory accommodations.
In accordance with Washington State law, a public hearing on the moratorium extension was held by the
Auburn City Council on January 17, 2006.
3. The proposed code amendment amends two chapters of Auburn City Code Title 18 entitled "Zoning".
These include:
1) ACC Chapter 18.04 "Definitions" (by adding definitions of Homeless encampments", "Host
Agency" and "Sponsoring agency"); and,
2) ACC Chapter 18.46 "Temporary Uses" (by adding a new section 18.46.090 entitled Homeless
encampments").
4. In summary the proposed amendments do the following:
. ACC Chapter 18.04 adds definitions for "Homeless encampments", "Host Agency" and
"Sponsoring agency".
. A new section 18.46.090 entitled "Homeless encampments" is proposed to be included within
ACC chapter 18.48. Amendments in this chapter include:
o Subsection 18.46.090 A. relates to process and requires early notification to the City
of a pending siting of a homeless encampment (30 days in advance) and submittal of
a temporary use permit (14 days in advance). It also requires the sponsoring agency
to conduct one public meeting at least two weeks in advance of the temporary use
permit submittal.
o Subsection 18.46.090 B. establishes site criteria for homeless encampments. This
includes ensuring adequacy of on-site facilities (toilets, refuse receptacles etc) , an
adequate water source, limits the maximum number of residents at 100, standards
for proximity to public transportation, screening requirements from adjacent right of
way and residential properties and other site considerations.
o Subsection 18.46.090 C. provides for security. Among other items it requires the
host agency to provide the City with an Operations and Security Plan, prepare and
distribute a code of conduct to the homeless encampment residents, and maintain a
log of encampment residents.
Page 3 of 4
Agenda Subject: ZOA05-0003
Date: July 10, 2006
o Subsection 18.46.090 D. relates to timing and establishes a 90 day maximum time
limit for homeless encampments. It also establishes a maximum 180 day time period
(cumulative) for homeless encampments in the entire City within any 24 month
period.
o Subsection 18.46.090 E. pertains to health and safety and requires that all temporary
structures comply with building codes, establishes Fire related requirements, and
provides for permit inspections by the City and King County Health Department,
o Subsection 18.46.090 F. provides for termination of temporary use permit.
5. Auburn Comprehensive Plan Goal 8 and Land Use Element Objective 8.1 state,
"GOAL 8. NEIGHBORHOOD QUALITY
To maintain and protect all viable and stable residential neighborhoods.
Objective 8.1 To maintain and enhance all viable and stable residential neighborhoods."
The proposed code amendment seeks to provide protection of residential areas consistent with this
comprehensive plan goal statement and objective.
6. On April 4, 2006 the Auburn Planning Commission held a public hearing on the proposed code
amendment and recommended approval with two modifications. The modifications included clarifying
that ACC 18.46.090(D)(1) that the ninety day limitation applies to a specific location and clarifying ACC
18.46(E)(2)(c) that heating appliances are not allowed within individual tents unless they are designed
and licensed for that purpose. One person, who indicated that she was homeless, testified at the
Planning Commission public hearing.
7. On April 24,2006 the proposed ordinance was reviewed by the Planning and Community Development
Committee. There issues were raised: 1) Amend the ordinance to clarify that there shall be only one
homeless encampment allowed in the city for a period of ninety (90) days and 180 days within a two year
period; 2) Seek legal guidance as to liability issues should a homeless encampment resident cause
harm to another person; and 3) Clarify that Auburn Police Department be contacted if the reason for
ejection met any of the criteria in 18.46.090(C)(6)(a) (existing or outstanding warrant or a registered sex
offender).
8. On May 1,2006 the proposed ordinance was reviewed by the Municipal Services Committee.
Comments from the Municipal Services Committee were provided to the PCD Committee at its (PCD
Committee's) May 8, 2006 meeting.
9. On May 8, 2006, the PCD Committee recommended approval of the proposed ordinance with two (2)
additional revisions. Specifically: 1) The sponsoring agency is given a seven (7) day period to clean up
the site after the encampment disbands; and, 2) The 180 day maximum time period for homeless
encampments within a "two (2) year" period was revised to a "24 month" period.
10. The proposed code amendment was sent to the State agencies for the 60 day review period as
required by RCW 36. 70A.1 06. The State Department of Community Trade and Economic Development
(DCTED) received the proposed amendments on January 11, 2006. No comments were received from
state agencies during the 60 day review period.
11. A SEPA proposed Determination of Non-Significance (DNS) was issued on the proposed code
amendments on January 23, 2006. No comments were received during the SEPA comment period. A
final DNS was issued March 24, 2006.
Page 4 of 4
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 following ~!ncidental and accessory uses are not
permitted are: (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 g!ven 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. Security
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 17th 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.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
PUBLISHED:
Ordinance No. 6014
May 2, 2006
Page 8 of 8
RESOLUTION NO.3 8 0 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING A MORATORIUM
ON 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
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 intends to develop appropriate
zoning and land use regulations for transitory accommodations, which for the purposes of
this Resolution, the term "transitory accommodations" shall mean the use of property for
housing persons on a temporary basis, whether the encampment uses tents or other
transitory structures; and,
WHEREAS, in recent months, 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 Auburn City Code does not currently have a specific provision
addressing the use of property as a temporary encampment or for transitory
accommodations; and
Resolution No. 3808
January 10, 2005
Page 1
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, to avoid or minimize the negative impacts of any future use of property
for such temporary tent encampments in the City of Auburn, it will be necessary for there to
be regulations in place 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
WHEREAS, Washington State law, including Sections 35A.63.220 and 36.70A.390
of the Revised Code of Washington (RCW) authorizes Washington cities to adopt
moratoria and provides for a process for a public hearing which must be held within sixty
days of the date of the adoption of the moratorium; and
WHEREAS, it is appropriate that the public hearing be set with the adoption of the
moratorium; and
WHEREAS, the City Council concludes that the City does have the authority
to establish a moratorium and that the City must adopt a moratorium concerning the
establishment, operation, and processing of applications for transitory accommodations, to
act as a stop-gap measure: (a) to provide the City with an opportunity to study the issues
concerning the siting of such transitory accommodations and prepare appropriate revisions
to the City's codes and regulations; (b) to protect the health, safety and welfare of the
citizens of Auburn by avoiding and ameliorating negative impacts of transitory
-------------------
Resolution No. 3808
January 10, 2005
Page 2
accommodations; and (c) to avoid applicants possibly establishing vested rights contrary
and inconsistent with any revisions the City may make to its regulatory scheme as a result
of the City's study of this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Moratorium established. A moratorium is imposed on the filing with
the City or the Courts of any applications for licenses, permits and/or approvals for
transitory accommodations as defined herein above.
Section 2. Term of Moratorium. The moratorium imposed by this Resolution shall
become effective on the date hereof, and shall continue in effect for an initial period of one
year, unless repealed, extended or modified by the City Council after subsequent public
hearing(s) and entry of appropriate findings offact pursuant to RCW 35A.63.220, provided
that the moratorium shall automatically expire upon the effective date of zoning and land
use regulations adopted by the City Council to address regulation of transitory
accommodations in the City of Auburn.
Section 3. Preliminary Findings. That the following preliminary findings of fact are
hereby adopted:
A. That transitory accommodation land uses have the potential for significant
impacts on neighborhoods and on the community.
B. That because of the potential impacts of these uses, special care and
attention needs to be employed in developing appropriate legislation that satisfactorily
addresses the concerns of the City and does so in a way which is in conformity with legal
-------------------
Resolution No. 3808
January 10, 2005
Page 3
requirements.
C. It is appropriate to collect and compile documentation, information, testimony
and statements of concern citizens of the City and of other persons interested in or familiar
with the issues of transitory accommodations and their impacts to fully explore ways to
protect the City and its citizens from the adverse impacts of transitory accommodations.
Section 4. Work Plan. That the following work plan is adopted to address the
issues involving transitory accommodation land use regulations:
A. That the City of Auburn Planning Commission shall be authorized and
directed to hold public hearings and public meetings to fully receive and consider
statements, testimony, positions and other documentation or evidence related to the issue
of transitory accommodation land uses.
B. That the Planning Commission and City staff are authorized and directed to
review the experiences of other jurisdictions, the status of legal cases, and statistical data,
information, studies and other evidence compiled by other municipalities, of adverse
impacts of transitory accommodations, and to review the regulations, ordinances and
codes adopted and implemented by other municipalities to address transitory
accommodation land uses, and any other information that is pertinent to transitory
accommodations.
C. That the City of Auburn Planning Commission shall work with City staff and
the citizenry of the City to develop proposals for regulation of transitory accommodation
land uses and zoning considerations, to be forwarded in their recommendations to the City
Council for inclusion in ordinances and ultimate adoption as a part of the City Code of the
-------------------
Resolution No. 3808
January 10, 2005
Page 4
City of Auburn.
D. That the Mayor, in consultation with the City Attorney, Planning Director, the
Police Chief and other staff, shall periodically advise the City Council as to the status of
hearings, meetings and information development regarding activities of the Planning
Commission and City staff relative to transitory accommodation land uses, with such
reports to be scheduled approximately every six (6) months or as appropriate throughout
the period of the moratorium and any extensions thereof, until adoption of a
comprehensive ordinance as developed, relating to transitory accommodation land uses
becoming effective in conjunction with the termination of the moratorium referred to in this
Resolution.
Section 5. Public Hearing. A public hearing shall be sched,uled for 7:30 p.m. or
as soon thereafter as the matter may be heard, on the 7th day of March, 2005, at the City
Council Chambers, at 25 West Main Street, Auburn, WA 98001, to hear and consider the
comments and testimony of those wishing to speak at such public hearing regarding the
moratorium.
Section 6. Severability. If any sections, sentence, clause or phrase of this
Resolution shall be held to be invalid or unconstitutional by a court of competent
jurisdiction, or its application held inapplicable to any person, property or circumstance,
such invalidity or unconstitutionality or inapplicability shall not effect the validity or
constitutionality of any other section, sentence, clause or phrase of this Resolution or its
application to any other person, property or circumstance.
Section 7. Effective Date. This Resolution shall be in full force and effect upon
Resolution No. 3808
January 10, 2005
Page 5
passage and signatures hereon.
ADOPTED by the City Council this
Attest:
\
,'City Attorney
-------------------
Resolution No. 3808
January 10, 2005
Page 6
Ig~
,2005.
RESOLUTION NO. 3 9 6 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
FOR A SIX MONTH EXTENSION OF THE MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR LICENSES,
PERMITS AND APPROVALS RELATING TO TRANSITORY
ACCOMMODATIONS ESTABLISHED BY RESOLUTION
NUMBER 3808
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 intends to develop appropriate
zoning and land use regulations for transitory accommodations, which for the purposes of
this Resolution, the term "transitory accommodations" shall mean the use of property for
housing persons on a temporary basis, whether the encampment uses tents or other
transitory structures; and,
WHEREAS, pursuant to the authority of Washington State law, including Sections
35A.63.220 and 36.70A.39o of the Revised Code of Washington (RCW), the City
established, by Resolution No. 3808, passed on January 18, 2005, a moratorium, for an
initial period of one year, on the operation, and processing of applications for transitory
accommodations, to act as a stop-gap measure:
(a) to provide the City with an opportunity to study the issues concerning the siting of
such transitory accommodations and prepare appropriate revisions to the City's codes and
regulations;
(b) to protect the health, safety and welfare of the citizens of Auburn by avoiding and
ameliorating negative impacts of transitory accommodations; and (c) to avoid applicants
possibly establishing vested rights contrary and inconsistent with any revisions the City
..----------------..--
Resolution No. 3965
December 28, 2005
Page 1
may make to its regulatory scheme as a result of the City's study of this matter; and
WHEREAS, the evaluation and review of code options have not been completed, it
is appropriate to consider extending the moratorium for an additional six months, with the
work plan likewise being extended; and
WHEREAS, it is also appropriate to hold a public hearing to hear from all persons
interested in speaking to the moratorium and work plan extension.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Public Hearing Scheduled. That a public hearing is hereby scheduled
to be held on January 17, 2006, at 7:30 p.m., or as soon thereafter as the matter may be
heard, at the City Council Chambers, Auburn City Hall, 25 West Main Street, Auburn,
Washington, to consider the extension ofthe moratorium imposed on the filing with the City
or the Courts of any applications for licenses, permits and approvals for licenses, permits
and/or approvals for transitory accommodations as defined and set forth in Resolution No.
3808
Section 2. Effective Date. That this Resolution shall be in full force and effect upon
passage and signatures hereon.
ADOPTED by the City Council this ?f~
,2005.
Attest:
Danielle Daskam, City Clerk
Resolution No. 3965
December 28,2005
Page 2
Approved as to Form:
_,_ ((~tJ P
Daniel B. Heid, City Attorney
Resolution No. 3965
December 28, 2005
Page 3
.'ii ... .../~i~#.~'" ..'
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.>~ .",,,,,,,4;10"15)1; WASHINGTON
Peter B. Lewis, Mayor
25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
FINAL
DETERMINATION OF NON-SIGNIFICANCE
SEP06-0001
DESCRIPTION OF PROPOSAL: THE PROPOSAL AMENDS AUBURN CITY CODE
CHAPTER 18.04 AND AUBURN CITY CODE 18.46 TO PROVIDE FOR DEFINITIONS
OF HOMELESS ENCAMPMENT, HOST AGENCY AND SPONSORING AGENCY AND
TO PROVIDE FOR A TEMPORARY USE PERMIT PROCESS FOR HOMELESS
ENCAMPMENTS.
THE AMENDMENTS TO AUBURN CITY CODE (ACC) HAVE CITYWIDE
APPLICATION TO HOMELESS ENCAMPMENTS.
PROPONENT: David Osaki. City of Auburn Planninq/ Buildinq and Community
LOCATION: CITYWIDE
LEAD AGENCY: City of Auburn
The lead agency for this proposal has determined that it does not have a probable
significant adverse impact on the environment. An environmental impact statement
(EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after
review of a completed environmental checklist and other information on file with the
lead agency. This information is available to the public on request.
RESPONSIBLE OFFICIAL:
POSITIONITITLE:
ADDRESS:
Paul Krauss, AI.C.P.
Director of the Department of
Planning & Community Development
25 West Main Street
Auburn, Washingto
(253) 931-3090
DATE ISSUED: March 24. 2006
Note: This determination does not constitute approval of the proposal. Approval
of the proposal can only be made by the legislative or administrative body vested
with that authority. The proposal will be required to meet all applicable
regulations.
Any person aggrieved of this final determination may file an appeal with the Auburn City Clerk
within 21 days of the date of issuance of this notice. All appeals of the above determination
must be filed by 5:00 P.M. on April 14, 2006 with reauired fee.
AUBURN * MORE THAN YOU IMAGINED