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RESOLUTION NO. 3 9 6 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, EXTENDING BY AN ADDITIONAL
SIX MONTHS THE MORATORIUM AND WORK PLAN 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, 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 ofthe 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
WHEREAS, to avoid or minimize the negative impacts any future use of property for
such temporary tent encampments in the City of Auburn, it is necessary for there to be
Resolution No. 3966
January 10, 2006
Page 1
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, pursuant to the authority of Washington State law, including
Sections 35A.63.220 and 36.70A.390 ofthe Revised Code of Washington (RCW), the City
established, by Resolution No. 3808, 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 may make to its regulatory scheme as a result ofthe City's study
of this matter; and
WHEREAS, since the evaluation and review of code options have not been
completed, it is appropriate to extend 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, and such a public
hearing was held in connection herewith.
Resolution No. 3966
January 10, 2006
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Reaffirmation of Moratorium Findings, Recitals, Work Plan. That the
findings, recitals and work plan of the moratorium imposed on the filing with the City or the
Courts of any applications for licenses, permits and/or approvals for transitory
accommodations as defined and set forth in Resolution No. 3808 are hereby reaffirmed.
Section 2. Moratorium Extended. That the 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 are extended for a period of an additional term as set forth below.
Section 3. Term of Moratorium extension. The extension of the moratorium
imposed by this Resolution shall become effective on January 18, 2006, and shall continue
in effect for a period of six (6) months, to July 18,2006, unless repealed, extended or
modified by the City Council after subsequent public hearing and entry of appropriate
findings of fact pursuant to RCW 35A.63.220, provided that the moratorium shall
automatically expire on the date on which the City's transitory accommodations code is
adopted.
Section 4. Severability. If any sections, sentence, clause or phrase of this
Resolution shall be held to be invalid or unconstitutional by a court of component
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.
Resolution No. 3966
January 10, 2006
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Section 5. Implementation. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 6. Effective Date. That, upon passage and signatures hereon, this
Resolution shall be in full force and effect on January 18, 2006, and shall continue in effect
as provided herein.
ADOPTED by the City Council this J 7J:!1 day of .
,2005.
~
Pet r B. Lewis, Mayor
Attest:
fDtkM ~~
Darl1elle Daskam, City Clerk
Resolution No. 3966
January 10, 2006
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