HomeMy WebLinkAbout3808
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 structu res; 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 of fact 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 scheduled 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
It~
,2005.
---