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HomeMy WebLinkAbout05/01/2018 08 Temporary Worker Housing; Yakima Urban Area Zoning Ordinance Text AmendmentsITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 8. For Meeting of: May 1, 2018 Public Hearing and ordinance to consider the Planning Commission's recommendation concerning text amendments to YMC Title 15 Yakima Urban Area Zoning Ordinance to address temporary worker housing Joan Davenport, Al CP, Community Development Director Joseph Calhoun, Planning Manager (509) 575-6042 SUMMARY EXPLANATION: This proposed amendment to the Yakima Municipal Code originated as a request for Hearing Examiner Interpretation (I NT#001-17) to allow the property at 305 W Lincoln Ave to be used for Temporary Worker Housing, a use that does not currently fit within any existing land use categories. After holding the necessary public hearing, the Hearing Examiner issued his decision on January 17, 2018 which directed staff to bring the concept of Temporary Worker Housing to the Planning Commission for additional review. The Planning Commission held study sessions on January 24, 2018, February 14, 2018, and February 28, 2018 wherein staff, members of the public, and the commission developed draft language to modify the current definition of "boardinghouse," add a definition for "motel/hotel," modify the land use Table 4-1, and modify the parking Table 6-1. After due notice, the Planning Commission held an Open Record Public Hearing on March 28, 2018 and, after reviewing the staff report and public testimony, recommended approval of the attached Ordinance. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass Ordinance BOARD/COMMITTEE RECOMMENDATION: YPC recommended approval of the text amendments on March 28, 2018 ATTACHMENTS: Description Upload Date O Ordinance1VVH 4/23/2018 O Ordinance Exhibit B legislative 4/23/2018 O plete RecordTempVVorkerHousing 4;20/2018 2 Type Ordinance Exhibit Backup Material AN ORDINANCE 3 ORDINANCE NO. 2018 - amending the current definition of "boardinghouse," adding a definition for "motel/hotel," modifying the land use Table 4-1, and modifying the parking Table 6-1 in the Yakima Municipal Code Title 15 to address the new boardinghouse definition and development requirements. WHEREAS, the Planning Commission of the City of Yakima considered amendments to Title 15 Urban Area Zoning Ordinance Ch.15.02 Definitions, Ch. 15.04 Permitted Land Uses, and Ch. 15.06 Off Street Parking and Loading of the Yakima Municipal Code which add a definition for "motel/hotel", modify the land use Table 4-1, and modify the parking table 6-1 to allow Temporary Worker Housing and congregate living facilities, such as dormitories and boardinghouses, in certain zoning districts; and WHEREAS, the Planning Commission held public study sessions on the proposed amendments on January 24, 2018, February 14, 2018, and February 28, 2018, where members of the agricultural growing community and other interested parties provided feedback, suggestions and comments regarding the proposed amendments; and WHEREAS, the Planning Commission held an open record public hearing on March 28, 2018, pursuant to notice, heard testimony, and received and considered all evidence presented; and WHEREAS, the Planning Commission, having conducted such public hearing and considered all the testimony and evidence, found, determined, and recommended that the City Council approve the proposed amendments to Title 15; and WHEREAS, the City Council held a public hearing on May 1, 2018, pursuant to notice to consider such amendments as recommended by the Planning Commission wherein the public was provided an opportunity to provide comment on the proposed amendments; and WHEREAS, the City Council of the City of Yakima, having considered the record herein and the recommendation from the Planning Commission, hereby finds and determines that approval of such amendment is in the best interests of the City of Yakima and its residents and will promote the general health, safety and welfare; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapters 15.02, 15.04, and 15.06 of the Yakima Municipal Code are hereby amended to read as set forth in Exhibit "A" attached hereto and incorporated herein, which Exhibit "A" incorporates the legislative changes set forth in Exhibit "B". Section 2. Adoption of Planning Commission Findings. The findings within the April 4, 2018, Yakima Planning Commission's Recommendation, regarding these proposed text amendments is hereby adopted by the Yakima City Council as its findings in support thereof pursuant to YMC § 15.23.020, and is incorporated herein by this reference as if fully set forth herein. 4 Section 3. Validity. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Ratification. Any act consistent with the authority, and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Authorization to File. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 6. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 1St day of May, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 5 Exhibit "A" YMC § 15.02.020 Definitions is hereby amended to read as follows: "Congregate Living Facility" means an establishment providing both lodging and meals, or the ability for residents of the facility to cook their own meals, for persons residing in the facility on a permanent or semi-permanent basis. This definition includes facilities commonly known as boardinghouse or dormitories, along with Temporary Worker Housing as defined by RCW 70.114A.020(10) and WAC 246-358-010(26). Maximum occupancy of the facility shall be determined by the Building Official. "Motel/Hotel" means a commercial establishment offering transient lodging or lodging and meals to the general public for compensation. Accessory uses to Motel/Hotels may include restaurants, meeting rooms or recreational facilities. YMC § 15.04.030, Table 4-1, is hereby amended to read as follows: R RA R-2 HEALTH AND SOCIAL SERVICE FACILITY Congregate Living Facility 3 2 1 2 2 Up to 10 CC A'' 1 1 Congregate Living Facility 11+ 3 2 3 3 YMC § 15.06.040, Table 6-1, is hereby amended to read as follows: 2 2 Land Use Parking Standard Congregate Living Facility 1 space for every 2 beds. Facilities designated as Temporary Worker Housing may provide 1 space for every 10 beds 6 Exhibit B The definition of "Boardinghouse" located in Chapter 15.02 Definitions of the Yakima Municipal Code is hereby amended to read as follows: "Boardinghouse" means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or scmi permancnt basis. "Congregate Living Facility" means an establishment providing both lodging and meals, or the ability for residents of the facility to cook their own meals, for persons residing in the facility on a permanent or semi-permanent basis. This definition includes facilities commonly known as boardinghouse or dormitories, along with Temporary Worker Housing as defined by RCW 70.114A.020(10) and WAC 246-358-010(26). Maximum occupancy of the facility shall be determined by the Building Official. The definition of "Motel/Hotel" located in Chapter 15.02 Definitions of the Yakima Municipal Code is hereby added to read as follows: "Motel/Hotel" means a commercial establishment offering transient lodging or lodging and meals to the general public for compensation. Accessory uses to Motel/Hotels may include restaurants, meeting rooms or recreational facilities. The Land Use Table 4-1 in Chapter 15.04 is hereby amended to read as follows: I SRI R-1 R -2I R-3 I B-1 I B-2 I HB SCC I LCC I ASI GCI CBD I RD 1M -11M-2 HEALTH AND SOCIAL SERVICE FACILITY Congregate Living Facility 3 3 3 3 3 Boarding housoup to 10 2 1 2 2 1 2 1 Congregate Living Facility 11+ 3 2 3 3 The Parking Table 6-1 in Chapter 15.06 is hereby amended to read as follows: Land Use Parking Standard Congregate Living Facility 1 space for every 2 beds. Facilities designated as Temporary Worker Housing may provide 1 space for every 10 beds 7 City of Yakima Title 15 UAZO Text Amendments for Temporary Worker Housing TXT#001-18 & SEPA#003-18 City Council Public Hearing May 1, 2018 EXHIBIT LIST Applicant: City of Yakima File Numbers: TXT#001-18 & SEPA#003-18 Site Address: N/A Staff Contact: Joseph Calhoun, Planning Manager Table of Contents CHAPTER AA Hearing Examiner's Interpretation Decision CHAPTER BB Yakima Planning Commission's Recommendation CHAPTER A Staff Report CHAPTER B Application CHAPTER C Public Notices CHAPTER D Public Comments CHAPTER E Yakima Planning Commission Study Session Documents 8 CITY OF YAKIMA — TEMPO ' RY WORKER HOUSING TXT#001-18 & SEPA#003-18 EXHIBIT LIST CHAPTER AA Hearing Examiner's Interpretation Decision Hearing Examiner's Interpretation Decision City of Yakima, Washington Hearing Examiner's Interpretation Decision January 16, 2018 In the Matter of a Request for ) 9 RECEIVED JAN 2 018 CITY OF YAKIMA , n/v Interpretation Submitted by: ) ) Ermelindo Escobedo for INT#001-17 Martha Ramirez, Owner ) ) Pursuant to Chapter 15.22 of the ) Yakima Municipal Code Which ) Prescribes Procedures for Processing ) Zoning Ordinance Unclassified Uses ) A. Findings re Procedural Aspects of the Interpretation Process. The nature of this Request for Interpretation and the procedure utilized to issue this Interpretation Decision may be summarized as follows: (1) This Request for Interpretation was received by the City of Yakima Planning Division on November 14, 2017. It was deemed complete for processing on November 15, 2017. It was emailed to the Hearing Examiner on that date. Within seven business days as required by Yakima Municipal Code (YMC) §15.22.030(C), the Hearing Examiner reviewed the record, determined that a public hearing would be required and notified the Planning Division accordingly by letter dated and received by the Planning Division on November 22, 2017. (2) That letter noted that the application itself correctly states that the proposed use does not come within the "Boardinghouse" definition as an "establishment providing Ermelindo Escobedo/Martha Ramirez 1 Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 DOC. 1NDEx 10 RECEIVED JAN 81 Z018 crrY (w YAKIMA (LV.;4iliG both lodging and meals for not more than ten persons" because meals would not be provided and more than ten persons would be anticipated at all times during the harvest season. The letter further likewise noted that the proposed temporary worker housing facility does not come within the "Multiple -family dwelling" definition because it is not "designed for occupancy by three or more families living independently of each other and containing three or more attached dwelling units on a lot" due to the fact that a family is defined as "persons related by blood, marriage or adoption, or a group of not more than five persons ... living together as a single housekeeping unit in a dwelling unit" which is "for the occupancy of one family and providing complete and independent living facilities, including permanent provisions for living, sleeping, cooking, eating and sanitation" and also because the proposed facility does not contain "three or more attached dwelling units on a lot." (3) The Hearing Examiner's November 22, 2017 letter stated that allowing the proposed use to come within either of those definitions would ignore their plain wording and would therefore be in violation of YMC §15.22.050 to the effect that "No use interpretation decision shall create, establish, or have the effect of creating a new definition or use within YMC Ch. 15.02, or YMC Ch. 15.04 Table 4-1." (4) The Hearing Examiner's November 22, 2017 letter further stated, however, that the addition of a new use classification within Table 4-1 with a new definition in YMC Ch. 15.02 may be beneficial and that in order to decide whether to recommend a new classification and definition to the Planning Division that would then be considered by the Planning Commission and City Council, a public hearing should be scheduled pursuant to YMC §15.22.030(C) with notice for a site specific proposal per YMC §15.22.030(F)(a) to the person requesting the interpretation and to property owners within a 300 -foot radius of the subject proposal per YMC Ch. 16.05 and with notice by publication per YMC §15.22.030(F)(d). (5) The Hearing Examiner's November 22, 2017 letter concluded by stating that a public hearing with the assistance that would be provided by a staff report and staff recommendation, as well as by testimony of any interested neighbors, would be very helpful in deciding whether the proposed use should be recommended as compliant with the intent and development standards of the zoning district and, if so, what Class or Classes of use in what zoning district(s) under what wording of a new definition should be recommended to the Planning Commission for adoption of text amendments by the Ermelindo Escobedo/Martha Ramirez Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 2 11 RECEIVED JAN 1 c Z018 CITY OF YAKIMA CLAIII.ZAZ City Council per YMC §15.22.050(A) and (C). (6) Notice of a public hearing to be held on January 11, 2018, was given by sending same to the applicant on November 27, 2017; by posting land use action signs on the property on November 28, 2017; by mailing notice to the applicant and property owners within 300 feet of the subject property on December 14, 2017; and by publishing same in the Yakima Herald Republic on December 14, 2017. (7) At the hearing Associate Planner Eric Crowell presented the staff report he had prepared several days prior to the hearing which recommended allowing the proposed use in the proposed location subject to enumerated conditions. The staff report states that the proposed temporary worker housing cannot be considered to be a boarding house, multi -family dwelling or group home which are currently defined and allowed in some zoning districts as various classes of use in Table 4-1. The staff report indicates that there currently is no definition within the City's zoning ordinance for temporary worker housing, and that State law in RCW 70.114A.020 defines "Temporary worker housing" as a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy. The staff report further states that the Administrative Official has identified the SR, R-2, R-3, B-1, B-2, GC and CBD zoning districts as potential zones for this new use if allowed. Mr. Crowell also submitted for the record several January 10, 2018 supplemental recommendations for this interpretation which stated that since there is a likelihood that this proposal will not be the final request for temporary worker housing in Yakima, the Planning Division is recommending that the Hearing Examiner recommend that (i) temporary worker housing be considered through the legislative process via the Planning Commission and City Council so that it might be added to the Table of Permitted Land Uses in the zoning ordinance; (ii) based on initial research, temporary worker housing may be difficult to define because some proposals may be for an open dormitory style layout such as for this proposed interpretation, while others might more resemble multi -family housing or be set up with suites with multiple bedrooms having shared facilities; and (iii) because of this, the Planning Division is hesitant to recommend any specific development standards, parking standards, zoning districts, or review classifications for temporary worker housing as it would be more prudent to make those initial recommendations after the legislative process has begun and more research has been performed on this topic. Ermelindo Escobedo/Martha Ramirez Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 3 ECEIVEI32 JAN I. 2,0i8 CITY OF YAKIMDVA (8) At the hearing, City Planning Manager Joseph Calhoun added that YMC §15.22.050(C) states that no use interpretation shall permit any use in any zoning district unless evidence is presented which demonstrates that it will comply with the intent and development standards established for the particular district. (9) At the hearing, Bill Hordan of Hordan Planning Services suggested through his testimony a possible way of expediting consideration of this proposal without the need for the City Council to add a new use to Table 4-1 of the zoning ordinance if the proposal were considered to be a motel or a hotel which are permitted Class (1) uses in the GC zoning district. He indicated that the Ledgestone Hotel near Target allows extended stays similar to the extended seasonal stays anticipated for the proposed use. But he noted that there is no definition of a motel or of a hotel in the zoning ordinance, and he did not offer a specific definition for those uses. (10) At the hearing, both the applicant, Ermelindo Escobedo, and an employer of H2 -A workers, Brett Valicoff, testified as to the urgent immediate need for H2 -A temporary worker housing and requested that this application be considered as expeditiously as possible. (11) The final testimony at the hearing was presented by attorney James Hurley who represents businesses located immediately west of the building proposed to be used for H2 -A temporary farm worker housing and who has been familiar with the building and the immediate area for many years. He testified that the use has not yet been defined by the City Council and that appropriate definitions and regulations are necessary before considering whether the proposed use can and should be approved in the proposed location. He further testified that there are single-family residences nearby and that the proposed building is not an appropriate residence for H2 -A temporary workers. He finally indicated that since it has been known for a long time that there is a need for H2 -A temporary worker housing, the argument as to an immediate need to rush to judgment regarding the details such as the definition for the proposed use is not a valid argument. B. Analysis and Reasoning Relative to the Interpretation. The analysis and the reasoning relative to this Interpretation required by YMC §15.22.040(B) which YMC §15.22.040(A) requires to be submitted to the Yakima Department of Community Ermelindo Escobedo/Martha Ramirez Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 4 13 RECEWED JAN 1 C Z018 CITY OF YAKIMA ftf,ZLN,211. Development within ten business days of the public hearing are as follows: (1) YMC §15.22.050(A) requires that the Hearing Examiner first "render a decision on whether the proposed use interpretation meets or fits any of the existing use categories within Table 4-1" because "No use interpretation decision shall create, establish, or have the effect of creating a new definition or use within YMC Ch. 15.02 or YMC Ch. 15.04 Table 4-1" and because YMC 15.22.050(B) states that "No use interpre- tation shall vary the location or review requirements of any use listed in Table 4-1 or home occupation listed in Table 4-2." The November 22, 2017 letter of the Hearing Examiner already explained that the proposed use does not fit the "Boardinghouse" definition as "an establishment providing both lodging and meals for not more than ten persons" because meals would not be provided and more than ten persons would be anticipated at all times during the harvest season. That letter also explained that the proposed use likewise does not fit within the "Multiple -family dwelling" definition of "being designed for occupancy by three or more families living independently of each other" because a family is defined as "persons related by blood, marriage or adoption, or a group of not more than five persons ... living together as a single housekeeping unit in a dwelling unit" which is "for the occupancy of one family and providing complete and independent living facilities, including permanent provisions for living, sleeping, cooking, eating and sanitation." The Hearing Examiner at this point also agrees with the Planning Division staff report conclusion that the proposed use does not fit within the "Group home" definition because it is not "a place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children, providing special care in a homelike environment." (2) In determining whether the proposed temporary worker housing facility constitutes either a motel or a hotel as suggested at the hearing, YMC §15.02.020 applies because neither use is defined in the zoning ordinance: "... Where terms are not defined, they shall have the ordinary accepted meaning within the context with which they are used. Where an activity or land use could fall under two definitions, the more specific shall apply. The Webster's Ninth New Collegiate Dictionary, with the assistance of the American Planning Association's Planner Dictionary and Black's Law Dictionary, shall be the source for ordinary accepted meaning and for the definition of words not defined below." No evidence was presented as to the definition of a motel or a hotel in the American Ermelindo Escobedo/Martha Ramirez Request for Interpretation Decision 142-A Temporary Worker Housing Use INT#001-17 5 DOC. INDEX 4 RECEIVE16 JAN C 2018 CITY OF YAKIMA I'L.A:MC)DIV. Planning Association's Planner Dictionary which is a publication not provided to the Hearing Examiner. However, the Webster's Ninth New Collegiate Dictionary contains the following definitions: "Motel n [blend of motor and hotel] (1925): an establishment which provides lodging and parking and in which the rooms are usu. accessible from an outdoor parking area." "Hotel n [F hOtel, fr, OF hostel hostel] (1765): an establishment that provides lodging and usu. meals, entertainment, and various personal services for the public: INN" And Black's Law Dictionary (6th Ed. 1991) contains the following definitions: "Motel" (no definition) "Hotel. A building held out to the public as a place where all transient persons who come will be received and entertained as guests for compensation and it opens its facilities to the public as a whole rather than limited accessibility to a well-defined private group." [citation omitted]. It is apparent from the definitions and ordinary accepted meanings that a hotel and a motor hotel (motel) are facilities open to the public as a whole rather than to a well- defined group which prevents the proposed temporary worker housing from being considered either a motel or a hotel. Furthermore, the common kitchen to be used by the temporary workers to prepare their own meals in the proposed temporary worker housing facility is not normally characteristic of either a motel or a hotel. Motels and hotels do not ordinarily provide communal kitchen facilities for all of their guests to use in common for the preparation of their meals. Nor do motels and hotels ordinarily consist of only one large unit which occupies the entire facility to be shared by all of their guests as is proposed by the applicant here. Even though some motels or hotels may allow extended stays, that similarity to the proposed use does not alone cause it to fit within the ordinary accepted meaning of a motel or a hotel. (3) Having determined that the proposed I12 -A temporary worker housing use does not fit within any of the existing use categories within YMC Table 4-1 in YMC §15.04.030 and having determined that it would be beneficial to add a new use classification within YMC Table 4-1 and a new definition within YMC Chapter 15.02, YMC 15.22.050(A) requires the Hearing Examiner to render a separate recommendation to the City of Yakima Planning Division regarding recommended language or uses to be Ermelindo Escobedo/Martha Ramirez Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 6 DOC. INDEX RECEiVE65 JAM c Kom CITY OF VAKIMA added to the Yakima Municipal Code, which new uses or definitions shall be considered through the legislative process by the City of Yakima Planning Commission and Yakima City Council. C. Interpretation. Based upon the foregoing analysis and reasoning required by YMC §15.22.040(B), the Hearing Examiner's Interpretation Decision issued as a result of the evidence and arguments presented in this matter is as follows: (1) The Hearing Examiner recommends to the Yakima Planning Division that it recommend adoption of a new use for temporary worker housing to be defined in YMC §15.02.020 and added to the City's zoning ordinance Table of Permitted Uses, YMC Table 4-1, through the legislative process by way of the Planning Commission and City Council in accordance with the January 10, 2018 supplemental recommendations of the Planning Division submitted for this Request for Interpretation record. (2) Also in accordance with said supplemental recommendations for this Request for Interpretation, the Hearing Examiner recommends that the Planning Division pursue the course it deems prudent by making the initial recommendations for a specific definition of temporary worker housing, specific development standards, specific zoning districts and specific review level classifications after the legislative process has begun and more research has been performed on this topic. (3) Relative to one detail involved in that legislative process, it is worthy of note that the detailed legislative procedure required by YMC §15.22.050(A) in YMC Chapter 15.22, which specifies the procedure for all use interpretations, is the zoning ordinance section which governs the appropriate procedure for permitting unclassified uses even though a different procedure is specified in the first and third sentences of YMC §15.04.040. It is also worthy of note that nothing in YMC Chapter 15.22 is inconsistent with the requirement in the second sentence of YMC §15.04.040 to the effect that "Any unclassified use permitted in a particular zoning district shall be allowed only as a Class (2) or Class (3) use." (4) If, as a result of the prescribed legislative process, the City Council adopts a definition for temporary worker housing that includes the applicant's proposed use and Ermelindo Escobedo/Martha Ramirez Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 7 DOC. INDEX 16 adopts that use as either a Class (2) or a Class (3) use in the General Commercial (GC) zoning district with whatever parking or other development standards it may prescribe, this application for a proposed temporary worker housing facility can be submitted either to the Administrative Official or to the Hearing Examiner as applicable and as will be required for consideration of the criteria prescribed for any other Class (2) or Class (3) use listed in YMC Table 4-1 of the City's zoning ordinance. (5) Any decision by the Hearing Examiner which would exceed the express limitations or deviate from the express procedures prescribed for "Interpretations" by YMC Chapter 15.22 would be subject to legitimate objections and appeals by any person or agency adversely affected by such a decision, and would otherwise be an improper exercise of the authority delegated to the Hearing Examiner by the mandatory language of YMC Chapter 15.22 adopted by the Yakima City Council. DATED this 16th day of January, 2018. Ermelindo Escobedo/Martha Ramirez Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 8 Gary M. Cuillier, Hearing Examiner RECEIVED JAN '3 2018 CITY QF YAKIMA NV. CITY OF YAKIMA — TEMPO1RY WORKER HOUSING BB -1 EXHIBIT LIST CHAPTER BB Yakima Planning Commission's Recommendation Yakima Planning Commission's Recommendation 17 04/04/2018 CITY OF YAKI anntn DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR AMENDMENT TO YAKIMA MUNICIPAL CODE TITLE 15 ZONING 18 April 4, 2018 WHEREAS Pursuant to RCW 36.70A.130(1) the City is required to take legislative action to review and revise its development regulations in accordance with the Growth Management Act; and WHEREAS The City of Yakima last amended its Title 15 Zoning Ordinance on June 6, 2017; and WHEREAS These updates are considered to be a non -project application without a specific use or site plan to be considered; and WHEREAS The City of Yakima Hearing Examiner issued his Decision and Recommendation for Interpretation (INT#001-17) on January 16, 2018 which recommended that Planning Staff recommend adoption of a new use for temporary worker housing through the legislative process by way of the Planning Commission and City Council; and WHEREAS Under the provisions of YMC 1.42 the Yakima Planning Commission is responsible for the review of amendments to the City's Yakima Zoning Ordinance and for recommending the approval, modification, or denial of each amendment; and WHEREAS The Yakima Planning Commission held study sessions to review the proposed amendments on January 24, 2018, February 14, 2018, and February 28, 2018, which included input from the original applicant in INT#001-17, growers, and other agriculture industry persons, as well as others; and WHEREAS All required public notice for these amendments were provided, in accordance with the provisions of YMC Ch. 16.10, on March 7, 2018; and DOC. INDEX 19 WHEREAS SEPA Environmental Review for these updates was considered with the Preliminary Determination of Nonsignificance issued on March 7, 2018 being retained on March 28, 2018; and WHEREAS The Yakima Planning Commission held an open record public hearing on March 28, 2018 to hear testimony from the public, consider the amendments, and provide a recommendation to the Yakima City Council; Now therefore, the Yakima City Planning Commission presents the following findings and recommendation to the Yakima City Council: Based upon a review of the information contained in the application, staff report, exhibits, testimony, and other evidence presented at an open record public hearing held on March 28, 2018, the Planning Commission makes the following: PURPOSE AND DESCRIPTION OF PROPOSED AMENDMENTS: The purpose of the proposed amendments is to modify the current definition of "boardinghouse," add a definition for "motel/hotel," modify the land use Table 4-1, and modify the parking Table 6- 1, as follows: YMC 15.02.020 nt providing- oth lodging and moalB for not more than ten persons rec.irding in the facility on a permanen} nr semi_permanent bac.ic. "Congregate Living Facility" means an establishment providing both lodging and meals, or the ability for residents of the facility to cook their own meals, for persons residing in the facility on a permanent or semipermanent basis. This definition includes facilities commonly known as boardinghouse or dormitories, along with Temporary Worker Housing as defined by RCW 70.114A.020(10) and WAC 246-358-010(26). Maximum occupancy of the facility shall be determined by the Building Official. "Motel/Hotel" means a commercial establishment offering transient lodging or lodging and meals to the general public for compensation. Accessory uses to Motel/Hotels may include restaurants, meeting rooms or recreational facilities. YMC 15.04.030, Table 4-1 1 SRI R-1 1 R-2 [R-3 113 -11B -2T HB SCC I LCC i AS I GC 1 CBD 1 RU 1M -11M-21 Congregate Living Facility 3 3-3-3-3 1 2 1 Beafdinglao seup to 10 2 1 2 2 Congregate Living Facility 11+ 3 2 3 3 2 2 Yakima DOC. '1111,' 'I11I.' INDEX 1994 #iib -I YMC 15.06.040, Table 6-1 Land Use Congregate Living Facility 20 Parking Standard 1 space for every 2 beds. Facilities designated as Temporary Worker Housing may provide 'I space for every 10 beds FINDINGS OF FACT 1. This project underwent Environmental Review with the Determination of Nonsignificance being retained on March 28, 2018. 2. Public notice was provided in accordance with YMC Ch. 16.10, with a Notice of Public Hearing and Legal Ad Publication in the Yakima Herald newspaper on March 7, 2018. 3. The proposed amendments are consistent with the following Goal and Policy of the 2040 Comprehensive Plan: • Goal 5.1: Encourage diverse and affordable housing choices. • Policy 5.1.13: Allow for well-designed farmworker housing recognizing the City of Yakima's role as the primary city in the agricultural Yakima valley with the greatest range of housing opportunities, urban infrastructure, and public services. 4. At its March 28, 2018 public hearing, the Yakima Planning Commission heard the staff presentation regarding the proposed amendment, considered written testimony from Bill Hordan and Ron Anderson, and oral testimony from Charlie Hines, Ron Disch, Rob Valicoff, Sandi Belzer, Ermelindo Escobedo, and Lourdes Martinez. YAKIMA PLANNING COMMISSION'S CONCLUSIONS 1. No adverse impacts have been identified; 2. The proposed updates underwent Environmental Review; 3. The proposed amendments are consistent with the Yakima Urban Area Zoning Ordinance and 2040 Comprehensive Plan. MOTION Based on the testimony and evidence presented during this afternoon's public hearing, it was moved and seconded that the City of Yakima Planning Commission draft findings of fact and forward a recommendation of approval to the Yakima City Council. The motion carried 6-1. RECOMMENDATION TO CITY COUNCIL The Planning Commission of the City of Yakima, having received and considered all evidence and testimony presented at the public hearing, and having received and reviewed the record herein, hereby recommends that the City Council of the City of Yakima APPROVE the proposed text amendments to the Yakima Municipal Code Title 15. RECOMMENDED this 4th day of April 2018. B Al ose, Vice -Chair Y. kima Planning Commission INDEX 2015 1994 CITY OF YAKIMA — TEMPORARY WORKER HOUSING TXT#001-18 & SEPA#003-18 A-1 EXHIBIT LIST CHAPTER A Staff Report Staff Report 21 03/28/2018 #471 l ►1 P ainYin g DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning Recommendation Regarding Amendments to the City's Zoning Ordinance TO: City of Yakima Planning Commission FROM: Joseph Calhoun, Planning Manager SUBJECT: Zoning Ordinance Text Amendments — File TXT#001-18 FOR MEETING OF: March 28, 2018 22 PURPOSE AND DESCRIPTION OF PROPOSED AMENDMENT: This amendment originated as a request for Hearing Examiner Interpretation (INT#001-17) to allow the property at 305 W Lincoln to be used for Temporary Worker Housing, a use that does not currently fit within any of our existing land use categories. After holding the necessary public hearing, the Hearing Examiner issued his decision on January 17, 2018 which directed staff to bring the concept of Temporary Worker Housing to the Planning Commission for additional review. The Planning Commission held study sessions on January 24, 2018, February 14, 2018, and February 28, 2018 wherein staff, members of the public, and the commission developed draft language to modify the current definition of "boardinghouse," add a definition for "motel/hotel," modify the land use Table 4-1, and modify the parking Table 6-1. Proposed Amendment Sections: YMC 15.02.020 "Boardinghouse" means --an establishment -providing both lodging and-meale--f of-rnore than tee peFssns-residifg- a-the-faoil+ty on -a --permanent or semi -permanent -basis. "Congregate Living Facility" means an establishment providing both lodging and meals, or the ability for residents of the facility to cook their own meals, for persons residing in the facility on a permanent or semi-permanent basis. This definition includes facilities commonly known as boardinghouse or dorrnitories. along with Temporary Worker Housing as defined by RCW 70.114A.020(10) and WAC 246-358-010(26). Maximum occupancy of the facility shall be determined by the Building Official. "Motel/Hotel" means a commercial establishment offering transient lodging or lodging and meals to the general public for compensation. Accessory uses to Motel/Hotels may include restaurants, meeting rooms or recreational facilities. YMC 15.04.030, Table 4-1 T 1 SR IR -1 I R-2 I R-3 I B-1 I B-2 I HB I SCC I LCC 1 AS I GC I CBD I RD 1M -11M-21 Congregate Living Facility 3 3 3 3 3 - 1 2 1 Boardinghoi seep to 10 2 1 2 2 Congregate Living Facility 11+ 3 2 3 3 2 2 DOC. INDEX #../\-I. 23 YMC 15.06.040, Table 6-1 Land Use Parking Standard Congregate Living Facility 1 space for every 2 beds. Facilities designated as Temporary Worker Housing may provide 1 space for every 10 beds 2040 COMPREHENSIVE PLAN This proposal is consistent with the following goals and policies of the 2040 Comprehensive Plan: Goal 5.1: Encourage diverse and affordable housing choices. Policy 5.1.13: Allow for well-designed farmworker housing recognizing the City of Yakima's role as the primary city in the agricultural Yakima valley with the greatest range of housing opportunities, urban infrastructure, and public services. ENVIRONMENTAL REVIEW jSEPA) This project was processed for review under the State Environmental Policy Act as a procedural action per WAC 197-11-800(19), and a Preliminary Determination of Nonsignificance was issued on March 7, 2018 (SEPA#003-18). The DNS was retained on March 28, 2018. PUBLIC NOTICE Date Accomplished Notice of Public Hearing Legal Ad Publication March 7, 2018 March 7, 2018 Prior to the public hearing, one written comment was submitted by Bill Hordan in favor of the proposed amendments. CONCLUSIONS 1. No adverse impacts have been identified by the approval of these amendments 2. The proposed text amendments are supported by the City's 2040 Comprehensive Plan. 3. The proposed text amendments allow Temporary Worker Housing to be considered as a land use as originally requested by City File INT#001-17. RECOMMENDATION The Department of Community Development recommends APPROVAL of this text amendment request. 0®C. I N DEX}t Yakima 4rlb W I III 2015 1994 24 SUGGESTED MOTIONS: Approval: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the Planning Commission draft findings of fact and forward a recommendation of approval to the Yakima City Council. Approval with modifications: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the City of Yakima Planning staff modify the draft language to include the changes noted in the minutes of this afternoon's public hearing, and with these changes move that the Planning Commission draft findings of fact and forward a recommendation of approval to the Yakima City Council. Denial: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the Planning Commission reject the proposal to include findings of fact documenting the reasons for denial, and order the proposal be forwarded to the Yakima City Council with a recommendation for denial. 00C. INDEX Yakima 2013 1994 25 CITY OF YAKIMA — TEMPORARY WORKER HOUSING TXT#001-18 & SEPA#003-18 EXHIBIT LIST C • PTER B Application 13-1 Text Amendment/SEPA Application 26 a a aa:a ZO SW%N. PY AKA la nning CITOF YIM LAND USE APPLICATION CITY OF YAKIMA, DEPARTMENT OF COMMUNITY DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98901 PHONE: (509) 575-6183 FAX: (509) 575-6105 INSTRUCTIONS — PLEASE READ FIRST AND ANSWER ALL Q1.JESTIONS COMPLETELY Ifyou have any questions about this form or the application process, please ask to speak with a planner. All necessary attachments and the filing fee are required upon submittal. Filing fees are not refundable. This application consists of several parts. PART I - GENERAL INFORMATION, PART II — SUPPLEMENTAL APPLICATION, and PART 111 - CERTIFICATION are on this page. PART II, III, and IV contain additional information specific to your proposal and MUST be attached to this page to complete the application. PARTI GENE ' L INTFORMATION Name: City of Yakima Planning Division 1. Applicant's Information: Mailing Address: 129 North Second Street 2. Applicant's Interest in Propsty: 3. Property Owner's Infoi illation (If other than Applicant): City: Yakima St: WA E -Mail: lask.planningayakimawa.gov Check One: [111 Name: Mailing Address: City: E -Mail: Zip: 98901 Phone ( 509 ) 575-6183 Other Local Purchaser Government St: Zipa Phone ; 4. Subject Property's Assessor's Parcel Number(s): N/A —Non Project Action 5. Legal Description of Property. (if lengthy, please attach it on a separa 6. Property Address: N/A — Non Project Action 7. Property's Existing Zoning: SR E R-1 )14 R-2 L R-3 B-1 document) N/A — Non Project Action B-2 2 HB SCC 4 LCC CBD GC 8. Type Of Application: (Check All That Apply) LI 0 0 LJPlat Alteration —Long Plat Administrative Adjustment Type (1) Review Type (2) Review lype (3) Review Preliminary Short Plat Final Short Plat Short Plat Amendment Preliminary Long Plat Final Long Plat E EDOCIDOCIE AS RD M-1 1 M-2 Environmental Checklist (SEPA Review) Right -of -Way Vacation Transportation Concurrency Non -Conforming Use/Structure Appeal to HE / City Council Interpretation by Hearing Examiner Modification Homc Occupation Comprehensive Plan Text or Map Amendment Short Plat Exemption: DIDEICIEDE1011 Easement Release Rezone Shoreline Critical Areas Review Variance Temporary Use Permit Overlay District Binding Site Plan Planned Development Other: Text Amendment PART II — SUPPLEMENTAL APPLICATION — SEPA CHECKLIST 9. Env onmen al Checklist see attached forms) PART III — CERTIFICATION 10. 1 certify that the information on this application and t t, ()lane 'a Signature Aticant's Signature eq ed attachments are true and correct Datc Date the best of my knowledge. FILVAPPLICATION(S)# DATE FEE PAID: / li Revised 07/2015 RECEIVED BY: Page DOC. 3 INDEX PI ar YnOrti Ming .% PURPOSE OF CHECKLIST ENVIRONMENTAL CHECKLIST STATE ENVIRONMENTAL POLICY ACT (SEPA) (AS TAKEN FROM WAC 197-11-960) YAKIMA MUNICIPAL CODE CHAPTER 6.88 27 Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not a_pplicable" or "docs not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help you describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS For non -project proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project", "applicant", and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non -projects) questions in Part B Environmental Elements — that do not contribute meaningfully to the analysis of the proposal. A. BACKGROUND INFORMATION (To be completed by the applicant.) 1. Name Of Proposed Project (If Applicable): City of Yakima Urban Area Zoning Ordinance Amendments 2018, 2. Applicant's Name & Phone: City of Yakima Planning Division, (509) 575-6183 3. Applicant's Address: 129 North Second Street, Yakima, WA 98901 4. Contact Person & Phone: Joseph Calhoun, 509-575-6042 5. Agency Requesting Checklist: City of Yakima 6. Proposed Timing Or Schedule (Including Phasing, If Applicable): N/A — Non Project Action 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain: None at this time 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: None known. Per WAC 197-11-315(1)(e), as a non -project proposal, section B of the Environmental Checklist will not be filled out. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain: None Pending . _ 10. List any government approvals or permits that will be needed for your proposal, if known: SEPA determination, City of Yakima Planning Commission Public Hearing, and City Council Approval. Revised 07/2015 Page 4 COD. INDEX 28 11. Give a brief, but complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.): This proposal includes amendments to the current definition of "boardinghouse," add a definition for "motel/hotel," modify the land use Table 4-1, and modify the parking Table 6-1. The draft amendments can be found here: hops//www.yakimawa.gov/services/planninghwh/ 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist: City Limits C. SIGNATURE (To be completed by the applicant.) The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Pr + ' rty Owner or Agent Signature "deli Cc't Name of Signee .3/57/ Date Submitted A h ►11 n A Eh Position and Agency/Or anization D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (To be completed by the applicant.) (IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities that would likely result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed changes will not affect how land uses discharge to water, emissions to the air, storage, or release of toxic or hazardous substances, or the production of noise. Proposed measures to avoid or reduce such increases are: None proposed. Any future measures to avoid such increases will be dealt with at the project level. . How would the proposal be likely to affect plants, animals, fish, or marine life? The proposed changes will not affect plants, animals, fish, or marine life, as they are regulatory in nature. Proposed measures to protect or conserve plants, animals, fish, or marine life are: None proposed. Any future measures to avoid such increases will be dealt with at the project level. How would the proposal be likely to deplete energy or natural resources? The proposed changes do not involve regulations dealing with energy or natural resources. Revised 07/2015 Space Reserved For Agency Comments Page 15 DOC. INDEX #r I Di SUPPLEMENTAL, SHEET FOR NONPROJECT ACTIONS (To be completed by the pplicant) (IT IS NOT NECESSARY to use this sheet for project actions) Proposed measures to protect or conserve energy and natural resources are: None Proposed. Any future measures to avoid such increases will be dealt with at the project level. . How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposed changes will not change or affect any environmental sensitive areas or regulations. Proposed measures to protect such resources or to avoid or reduce impacts are: None Proposed. Any future measures to avoid such increases will be dealt with at the project level. . How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? No change to shoreline uses are proposed. The proposal will alter the land use process for "Congregant Living Facilities" in certain zoning districts. Depending on the proposal and zone, the use will require either Type 1, 2, or 3 Review. Proposed measures to avoid or reduce shoreline and land use impacts are: None Proposed. Any future measures to avoid such increases will be dealt with at the project level. How would the proposal be likely to increase demands on transportation or public services and utilities? Not likely. The traffic impacts will result in a minimal change, if any, from other uses that are allowed in the zoning districts proposed for this use. Proposed measures to reduce or respond to such demand(s) are: None Proposed. Any future measures to avoid such increases will be dealt with at the project level. Identify, if possible, whether the proposal may conflict with local, state, or federal laws o requirements for the protection of the environment. The proposed changes will not conflict with any local, state, or federal laws, or requirements fo the protection of the environment. Revised 07/2015 Page paee Rerved For AneheyCoilirtients 6 DOC. INDEX CITY OF YAKIMA — TEMPORARY WORKER HOUSING TXT#001-18®1 C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 EXHIBIT LIST CHAPTER C Public Notices Notice of Application, Preliminary DNS & Public Hearing C -la: Legal Notice C -lb: Press Release and Distribution E- mail C -lc: Parties and Agencies Notified C -1d: Affidavit of Mailing YPC Agenda and Packet Distribution List YPC Agenda & Sign -In Sheet Notice of Retention of DNS C -4a: Parties and Agencies Notified C -4b: Affidavit of Mailing Agenda Statement: Set Date of City Council Public Hearing Letter of Transmittal to City Clerk: City Council Hearing (mailing labels) Notice of YPC Recommendation (See DOC INDEX#BB-1 for YPC Recommendation) C -7a: Parties and Agencies Notified C -7b: Affidavit of Mailing City Council Public Hearing Notice 30 03/07/2018 03/21/2018 03/28/2018 03/28/2018 04/03/2018 04/04/2018 04/04/2018 04/06/2018 31 OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 98901 Phone (509) 575-6037 • Fax (509) 576-6614 CITY PLANNING CITY OF YAKIMA NOTICE OF PUBLIC HEARING TO CONSIDER PLANNING COMMISSION'S RECOMMENDATION REGARDING TEXT AMENDMENTS NOTICE IS HEREBY GIVEN that the Yakima City Council will consider the Planning Commission's recommendations for proposed text amendments to Title 15 Urban Area Zoning Ordinance, to modify the current definition of "boardinghouse," and add a definition for "motel/hotel" modify the land use Table 4-1, and modify the parking Table 6-1. The Urban Area Zoning Ordinance is a land use document that provides zoning regulation and development standards for property both within the City of Yakima and its Urban Growth Area. The public hearing will be held on Tuesday, May 1, 2018 at 6:30 p.m., or soon thereafter, in the Council Chambers at Yakima City Hall, 129 N. 2nd Street, Yakima, WA. Any citizen wishing to comment on this request is welcome to attend the public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2'd Street, Yakima, Wa. 98901"; or, 2) E-mail your comments to citvcouncil(@xakimawa,gov. Include in the e-mail subject line, "text amendments." Please also include your name and mailing address. DATED this 6th day of April, 2018. Sonya Claar Tee, CMC City Clerk Mailed 4/6/18 32 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: TXT#001-18 & SEPA#003-18 City Planning - Temporary Worker Housing N/A I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Yakima Planning Commission's Recommendation to City Council. A true and correct copy of which is enclosed herewith; that said notice was addressed to parties of record, and that said notices were mailed by me on the 4th day of April, 2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Planning Specialist DOC. INDEX 33 In -House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration Carolyn. cl1es(4yaki awa.g v Glenn Denman Code Administration Glerm.Denman@yakirnawa.gov Joe Caruso Code Administration Joe.Caruso@yaldmawa.gov Suzanne DeBusschere Code Administration Suz. nne.l ebusschere yaki awa. ov oan Davenport Community Development Joan, Davenportyaki,awa.gov; Dan Riddle Engineering D ,Riddl i awa.gov Mike Shane Engineering Mike.Shane@yakimawa.gov Pat Reid Fire Dept PatReid@yakimawa.gov Jeff Cutter Legal Dept Jeff Cutterr yak mawa.gov Sara Watkins Legal Dept Sara. atkins(&yaki awa.gov Archie Matthews ONDS Archl'e.h4arrliews yakimawkgov' Joseph Calhoun Planning Division Jos ph.Calhouna y awa.gov; Chief Rizzi Police Department oRizz awa. ov Scott Schafer Public Works Dept Scoff Schee yakimawmgov Loretta Zammarchi Refuse Division Lor chi@vakt'inawa.gov Randy Layman Refuse Division R d aLa akima a. Jnv Naeem Kara Transit Division NaeenkKara 'Y mawa.gov' James Dean Utilities es. Deany ak i m awa. go v Dana Kallevig Wastewater Dana.Kallevig va. gv Randy Meloy Wastewater Randy .M ioy@� aku awaagov For the Record/File Binder Copy Revised 03/2018 Type of Notice: File Number(s): Date of Mailing: DOC. INDEX Name' Ermelindo Escobedo Martha Ramirez Parties of Record Address' 7726 Bordeaux Vista Ln SW 305 W Lincoln Ave Traditional Designs Inc 106 S 4th Ave Bill Hordan Ric Valicoff James Hurley Jackie Cook Rob Valicoff Rob Valicoff Robert Charron Daniel Martinez Keith H. Brett Valicoff Heri Chapula Joe Sullivan Chad Hinkle Martha Ramirez Mike Gempler Marty Miller Patrick Milton 410 N 2nd St 2840 Konnowac Pass Rd 411 N 2nd St _City Planning - Temp Worker Housing - TXT#001-18 SEPA#003-18 3083 Konnowac Pass Rd 300 N Frontage Rd 11530 Hwy 24 PO Box 725 PO Box 417 ..................... Jeff Jorgensen Ron Disch Charlie Hines 707 N 28th St 4008 Joshua Dr 2400 Terrace Heights Dr 2400 Terrace Heights Dr 1202 S 34th Ave 406 W Chestnut Ave 1400 Summitview Ave #203 (no address provided) 1110 S 4th Ave 850 S 83rd Ave City/State/Zip Code Olympia, WA 98512 YYakima, WA 98902 Yakima, WA 98902 Yakima, WA 98901 Wapato, WA 98951 Yakima, WA 98901 Wapato, WA 98951 Wapato, WA 98951 Moxee, WA 98936 Moxee, WA 98936 Moxee, WA 98936 Yakima, WA 98901 Pasco WA 99301 Yakima, WA 98901 Yakima, WA 98901 Yakima, WA 98902 Yakima, WA 98902 Yakima, WA 98902 Wapato, WA 98951 Yakima, WA 98902 Yakima, WA 98908 Email C rrtc st.ne1 tdii tranii 10 naldesignsinc.corn net iackiey' ect.com rovalcofffru Cory! hchal ulatw anarg chinkle horn Notes Applicant for INT#001-17 Property Owner for INT#001-17_ Architect for INT#001-17 Com errs o l er [spa grower eag u e ,.o le' hsorg risen gm Iine7'; CO HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet YPC Sign -In Sheet - 2/14/18 Study Session HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet YPC Sign -In Sheet - 1/24/18 Study Session YPC Sign -In Sheet - 1/24/18 Study Session YPC Sign -In Sheet - 1/24/18 Study Session YPC Sign -In Sheet -1/24/18 Study Session YPC Sign -In Sheet - 1/24/18 Study Session Interested Party per Joan Davenport YPC Sign -In Sheet - 2/14/18 Study Session YPC Sign -In Sheet - 2/28/18 Study Session YPC sign -In Sheet - 3/28/18 YPC Hearing YPC sign -In Sheet - 3/28/18 YPC Hearing Sandi Belzer Greg Vasquez Mr. & Mrs. Ackley Ron Anderson it "Eo (1.4g 1 4908 Madera Way PO Box 1196 101 N 48th Ave #39A 1704 S 69th Ave Yakima, WA 98908 ............................. Moxee, WA 98936 Yakima, WA 98908 Yakima, WA 98908 sandibelzer charter.net `(1.7C kc_L©yN 6 c).5 —t�f YPC sign -In Sheet - 3/28/18 YPC Hearing YPC sign -In Sheet - 3/28/18 YPC Hearing YPC sign -In Sheet - 3/28/18 YPC Hearing Comment Letter received 03/28/2018 Updated 03/28/2018 35 Maxey, Lisa From: Maxey, Lisa Sent: Wednesday, April 04 2018 10:30 AM To: Belles, Carolyn; Brown, David; Calhoun, Joseph; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Desgrosellier, Bob; |barra. Rosalinda; Kallevig, Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Reid, Patrick; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Watkins, Sara; Zammarchi, Loretta Cc: Calhoun, Joseph Subject: Notice of YPC Recommendation City Planning Temporary Worker Housing TXT# 001-18 Attachments: NOTICE OF YPC RECOMMENDATION_City Planning TempWorkerHousing TXT# Attached is a Notice of the Yakima Planning Commission's Recommendation regarding the above - entitled pr'ect. If you have any questions about this prool please contact assigned planner Joseph Calhoun at (509) 575-6042 or email to: *ose h.calhoun akimawa. ov. Thank you! Lisa Maxey Planning Specialist City of Yakima Planning Division (509) 576'6669 — Planning Division: (509) 575-6183 129 N 2nd Street, Yakima, WA 98901 1 s a ***8 It I CITY OF YA P aKIMA rming DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services p anning NOTIFICATION OF PLANNING COMMISSION'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL April 4, 2018 36 On April 4, 2018, the City of Yakima Planning Commission rendered their recommendation on TXT#001-18, a proposal by the City of Yakima to amend the City of Yakima Urban Area Zoning Ordinance to establish regulations for temporary worker housing. Amendments include modifying the current definition of "boardinghouse" and adding a definition for "motel/hotel" (YMC 15.02 Definitions), modifying the Table of Permitted Land Uses (YMC 15.04.030 - Table 4-1), and modifying the Table of Off -Street Parking Standards (YMC 15.06.040 - Table 6-1). The application was reviewed at an open record public hearing held on March 28, 2018. A copy of the Planning Commission's Findings and Recommendation is enclosed. The Planning Commission's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Planning Manager Joseph Calhoun at (509) 575-6042 or email to: josepkcalhourt(a)yakimawa.gov. Joseph Calhoun Planning Manager Date of Mailing: April 4, 2018 Enclosures: Planning Commission's Recommendation DOC. INDEX C -- Yakima 2015 1994 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Lisa Maxey, as an employee of the City of Yakima, Planning Division, have transmitted to: Sonya Claar Tee, City Clerk, by hand delivery, the following documents: 1. Mailing labels for CITY PLANNING - TEMPORARY WORKER HOUSING (TXT#001-18) including all labels for parties of record. Signed this 4th day of April, 2018. isa Maxey Planning Specialist 37 38 MAILING LABELS FOR CITY COUNCIL PUBLIC HEARING NOTICE CITY PLANNING — TEMPORARY WORKER HOUSING (TXT#001'18) Ermelindo Escobedo 7726 Bordeaux Vista Ln SW Olympia, WA 98512 Martha Ramirez 305 W Lincoln Ave Yakima, WA 98902 Traditional Designs Inc 186S4th Ave Yakima, WA 98902 Bill Hordan 410 N 2nd St Yakima, WA 98901 Ric Valicoff 2840 Konnowac Pass Rd Wapato, WA 98951 James Hurley 411 N 2nd St Yakima, WA 98901 Rob Valicoff 3083 Konnowac Pass Rd Wapato, WA 98951 Rob Valicoff 300 N Frontage Rd Wapato, WA 98951 Robert Charron 11530 Hwy 24 Moxee, WA 98936 Daniel Martinez POBox 72S Moxee, WA 98936 Keith H. POBox 4l7 Moxee, WA 98936 Brett Valicoff 707 N 28th St Yakima, WA 98901 Heri Chapula 4008 Joshua Dr Pasco WA 99301 Joe Sullivan 2400 Terrace Heights Dr Yakima, WA 98901 Chad Hinkle 2400 Terrace Heights Dr Yakima, WA 98901 Martha Ramirez 1202 S 34th Ave Yakima, VVA989O2 Mike Gempler 406 W Chestnut Ave Yakima, WA 98902 Marty Miller 1400 Summitview Ave #203 Yakima, WA 98902 Ron Disch 1110 S 4th Ave Yakima, WA 98902 Charlie Hines 850508rd Ave Yakima, WA 98908 Sandi Belzer 4908 Madera Way Yakima, VVA889OD Greg Vasquez PO Box 1196 Moxee, WA 98936 Mr. & Mrs. Ackle 101 N 48th Ave #39A Yakima, WA 98908 Ron Anderson 1704SG9thAve Yakima, WA 98908 TYPE OF NOTICE: Notice of City Council Hea ring FILE #: TXT#001-18 DATE OF HEARING: 05/01/2018 39 In -House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration CarolymBelles yakimawa„gov Glenn Denman Code Administration oe Caruso Code Administration Glenn,Denman akimawa.gov Joe.Caruso@yakimawa.gov Suzanne DeBusschere Code Administration Suzanne.Debusschere@yakimawa.gov Joan Davenport Community Developmen Joan.Dtivertportayakimawa4ov Dan Riddle Engineering Dan,Riddle@yakimawa.gov Mike Shane Engineering Mike.Sharie@yakimawa.gov Pat Reid Fire Dept Pat Reidikvakimawa.gov Jeff Cutter Legal Dept Jeff.Cutter(Myakiinawa„gov Sara Watkins Legal Dept Sara,Watkins@yakimawa„E„,7ov, Archie Matthews ONDS Archie.Matthews@yakimawa.gov Joseph Calhoun Planning Division loseph„Calhouri@yakimawa.gnv Chief Rizzi Police Department Dominic,Rizza a yakirnawa.gov Scott Schafer Public Works Dept Seott.Schafer@yakianawa.gev Loretta Zammarchi Refuse Division Loretta2arnmarchiayakimawmgov Randy Layman Refuse Division Raricly.Laytriati(Myakirriawa gov Naeem Kara Transit Division Naeem.Kara@yakimawa.gov James Dean Utilities J. es.DeanAyakimawa,aev Dana Kallevig Wastewater Dana.Kallevi akimawa„ Inv Randy Meloy For the Record/File astewater Rartay„Meloy@yakimawa.gov Binder Copy Revised 03/2018 ,11 Type of Notice: Nit of bt r ,Pttiti ct1-00: File Number(s): 'III '4 00i Date o 40 Maxey, Lisa From: Maxey, Lisa Sent: Wednesday, April 04, 2018 8:10 AM To: Claar Tee, Sonya Subject: Council Public Hearing Notice Mailing: Temporary Worker Housing Text Amendment Attachments: Local Media List _03.29.2018 Good morning Sonya, Mailing labels will be delivered to you shortly for city council public hearing notice for the above -entitled project. Please email the notice to the foliowing distribution groups In -House Distribution E mail List updated 03.08.2018 & Local Media List 03.29.2018 -- attached to this email since it has been recently updated. Please also email the notice to the following parties of record: wstrategies@comcast.net tdi@traditionaldesignsinc.com hps410@qwestoffice.net jackie@yascollect.com rob@valicofffruit.com hchapula@wafla.org chinkle@lexarhomes.com mgempler@growersleague.org martym@orfh.org jeffjorgensen@gmail.com c|hines57@grnai|.conn sandibe/zer@charter.net 5i|vrfx40@bnni.net aar7040@gmail.com jake@3dyakima.com |eanne.nnick|e@rne.corn Patbyers907@rnsn.conn peterandsuzanne86@gmail.com rob@rnccornnickaircenterconn Cook.vv@charternet Thank you! Lisa Maxey Planning Specialist 1 City of Yakima Planning Division (509) 576-6669 — 1.15a Max .klmawa oov Planning Division: (509) 575'6188 6b Z 4/4/2018 ITEM TITLE: SUBMITTED BY: Coversheet BUSINESS OF THE CITY COUNCIL YAKUMA.VVASH|NGTON AGENDA STATEMENT 42 Item No6.B. For Meeting of: April 3, 2018 Set May 1.2O18.aothe date for a public hearing to consider the Planning Commissions recommendation concerning text amendments to Title 15 - Yakima Urban Area Zoning Ordinance to address Temporary Worker housing Joan Davenport, AICP, Community Development Director Joseph Calhoun, Planning Manager (509) 575-6042 SUMMARY EXPLANATION: Set May 1, 2018 as the date for a public hearing to consider the Planning Commission's recommendation concerning text amendments to Title 15 - Yakima Urban Area Zoning Ordinance. The proposed text amendments modify the current definition of "boardinghouse," add a definition for "motel/hotel," modify the land use Table 4-1, and modify the parking Table 6-1. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Set Date BOARD/COMMITTEE RECOMMENDATION: YPC held a public hearing on March 28, 2018 for the proposed amendments, hupaj/yaWmu.novusaoonda.com/a0onuantranoUCnvamhentaupx?Uem|D~5751uMeeUng|O=54o 1/1 43 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: TXT#001-18 & SEPA#003-18 Ci Tannin - Tem • ora Worker Housin N/A I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Retention of DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all parties of record, that are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on this 28th day of March, 2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Planning Specialist DOC, INDEX Ahtanum Irrigation District Beth Ann Brulotte, Executive Assistant 10705-B Gilbert Road Yakima, WA 98903-9203 thb@ahtai Chamber of Commerce 10 North 9th Street Yakima, WA 98901 chabe Dept of Archaeology & Historic Preservation Greg Griffith or Gretchen Kaehler, Deputy State Historic Preservation Officer P.O. Box 48343 Olympia, WA 98504-8343 5epa@dhho we Department of Commerce Growth Management Services P.O. Box 42525 Olympia, WA 98504-2525 reviewteam@commerce: wgov. 44 Department of Agriculture Kelly McLain PO Box 42560 Olympia, WA 98504 km cla in Ceaar.wa,gtsv Department of Ecology Annie Szvetecz, SEPA Policy Lead P.O. Box 47703 Olympia, WA 98504-7703 separeRister a ecy.wagov' sepaunit@ecy.wa.gov lorixwhite@ecV. fitly Department of Ecology Gwen Clear, Regional Coordinator 1250 West Alder Street Union Gap, WA 98903 crosepacoordinator ecy,wo.gov Department of Fish and Wildlife Eric Bartrand 1701 South 24th Ave Yakima, WA 98902 E ric.8a rtra nd @dfw.wa.ittu Scott.Downes@dfw.wa.g Department of Fish and Wildlife SEPA Desk PO Box 43200 Olympia, WA 98504 SE PAd esk @d fw.wa:gov, Department of Health Kelly Cooper PO Box 47820 Olympia, WA 98504 Kell .coo Department of Natural Resources SEPA Center PO Box 47015 Olympia, WA 98504 sepacenter@dnr.wa.Rov Department of Social & Health Services Terri Sinclair -Olson Operations Support and Services Division P.O. Box 45848 Olympia, WA 98504 Terri.5in cla i r -Olson dshs.wk.,t ov Energy Facility Site Evaluation Council -EFSEC Stephen Posner, SEPA Officer PO Box 43172 Olympia, WA 98504-3172 s osner * vtc wa,gov' Engineering Division Bob Degrosellier and Brett Sheffield, City Engineer 129 N 2nd Street Yakima, WA 98901 dana.kalleviR@gakimaw.gov Nob Hill Water Association Bob Irving, Engineering Technician 6111 Tieton Drive Yakima, WA 98908 bob@nolshillwater:.orgr Office of Rural and Farm Worker Housing Marty Miller 1400 Summitview Ave, Ste# 203 Yakima, WA 98902 orfh. Wastewater Division Marc Cawley or Dana Kallevig 2220 East Viola Ave Yakima, WA 98901 rrtarc,cawle akip u Parks & Recreation Commission Jessica Logan PO Box 42560 Olympia, WA 98504 Jessica®Iona n @parks. wa.gov West Valley School District Angela Watts, Asst. Supt. Of Business & Operations 8902 Zier Road Yakima, WA 98908-9299 wattsawvsd208 ort US Army Corps of Engineers Seattle District Regulatory Branch P.O. Box 3755 Seattle, WA 98124-3755 david. xrxtpore usa ce.a rm WSDOT Paul Gonseth, Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 gonsetp@wsdot.Rov WSDOT South Central Region! Planning Office SCplannir RLawsdat,wa.gos WSDOT, Aviation Division Patrick Wright 7702 Terminal St SW Tumwater, WA 98501 Pwsdrat.waalov Yakama Bureau of Indian Affairs Rocco Clark, Environmental Coordinator P.O. Box 632 Toppenish, WA 98948 Rocco.clarkiabia.Rov Yakama Nation Environmental Mgmt Program Elizabeth Sanchey, Environmental Review Coordinator P.O. Box 151 Toppenish, WA 98948 esanchey@vakarna.com Yakama-Klickitat Fisheries Project John Marvin 760 Pence Road Yakima, WA 98909 jrtaarvineyakama_com Yakima Air Terminal Robert Peterson, Airport Asst Manager 2400 West Washington Ave Yakima, WA 98903 rabert. etersort • hkir4awattot Yakima County Commissioners Com mxssctners.web `co.akirr Yakima County Health District Ryan lbach, Director of Environmental Health 1210 Ahtanum Ridge Dr Ste#200 Union Gap, WA 98903 yhd@co.yakima.wa.us ach(8co:vakima.w ,u Yakima County Public Services Lynn Deitrick, Planning Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Lynn,Deitrick@co.yakima Yakima County Public Services Vern Redifer, Public Services Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Vern,rediferatIco.,yafcim s wa tas Yakima Greenway Foundation Kellie Connaughton, Executive Director 111 South 18th Street Yakima, WA 98901 ens Yakima Regional Clean Air Agency Hasan Tahat, Engineering & Planning Supervisor 329 North 1st Street DOC. Yakima, WA 98901 asan_.raax©r INDEX Yakima School District Scott Izutsu , Associate Superintendent 104 N 4th Ave Yakima, WA 98902 Izutsu,scott akimaschools.org Yakima Valley Conference of Governments Mike Shuttleworth, Planning Manager 311 North 4th Street, Ste# 202 Yakima, WA 98901 Mike.shuttleworthPvvcog.orR 45 Yakima Valley Museum John A. Baule, Director 2105 Tieton Drive Yakima, WA 98902 'ohn akimavalle museurrho Yakima Waste Systems Keith Kovalenko, District Manager 2812 1/2 Terrace Heights Dr. Yakima, WA 98901 keithk@wasteconnectionscom DOC. INDEX 46 Century Link Manager 8 South 2nd AveRm#304 Yakima, WA 98902 Charter Communications Kevin Chilcote 1005 North 16th Ave Yakima, WA 98902 City of Union Gap Dennis Henne, Development Director PD.Box 3OU8 Union Gap, WA 98903 Department of Agriculture Kelly McLain P.O.Box 4Z56O Olympia, WA 98504 Environmental Protection Agency NEPA Review Unit 1200 6th Ave. MS 623 Seattle, WA 98101 Federal Aviation Administration 2200 W. Washington Ave Yakima, WA 98903 Federal Aviation Administration, Seattle Airports District Offic Cayla Morgan, Airport Planner 1601 Lind Ave SW Renton, WA 98055-4056 Governor's Office of Indian Affairs POBox 409O Olympia, WA 98504 Pacific Power Mike Paulson 500 North Keys Rd Yakima, WA 98901 SoiI Conservation District Ray Wondercheck 1606 Perry Street, Ste. F Yakima, WA 98902 Trolleys Paul Edmondson 313 North 3rd Street Yakima, WA 98901 United States Postal Service Maintenance Deptartment 205 W Washington Ave Yakima, WA 98903 WA State Attorney General's Office 1433 Lakeside Court, Ste# 102 Yakima, WA 98902 Eastern Drinking Water Operations River View Corporate Center z6zO1EIndiana Ave, Ste# 1500 Spokane Valley, vvA9921s Yakama Bureau of Indian Affairs Superintendent P.O.Box 63Z Toppenish, WA 98948 Yakama Indian Nation Johnson Meninick, Cultural Resource Program p.0.Box z5z Toppenish, WA 98948 Yakima VaIIey Canal Co Robert Smoot 1640 Garretson Lane Yakima, VVA989O8 Yakama Indian Nation Ruth Jim, Yakima Tribal Council P.O.Box ISl Toppenish, WA 98948 Yakima School District Dr. Jack Irion, Superintendent 104 North 4th Ave Yakima, WA 98902 Yakima-Tieton Irrigation District Sandra Hull 470 Camp 4 Rd Yakima, WA 98908 Cascade Natural Gas 8113 W Grandridge Blvd Kennewick, WA 99336 Aht num|nigadon0strict Beth Ann Brulotte, Executive Asistant 10705-B Gilbert Road Yakima, WA 98903 File Number: Date of Mailing: US Army Corps of Engineers Seattle District Regulatory Branch P.O.Box ]755 Seattle, WA 98124-3755 and FORMS \SmxREVIEWING AGENCIES _updated o^o'Form u*.do= PkE\-tN\-\ov\ IE 47 In -House Distribution E-mail List Name Dvision E-mail Address Carolyn Belles Code Administration Carolyn. B l lcsyakim.wa. gov Glenn Denman Joe Caruso Code Administration Gle .Denrn (aki awa.g v' Y g Code Administration Joe.Caruso(a� akimawa. ov Suzanne DeBusschere Code Administration Suaanne.Deblisacaerea,yakirriawa. ov Joan Davenport Community Development Joan.DavenportAyaki awa. ov Dan Riddle Mike Shane Engineering Engineering Dad.Riddl { yakilti a gov' Mike. Shane@yakimawa. gov Pat Reid Fire Dept Pat.Reicl@yakirnawa.gov Jeff Cutter Legal Dept Jeff:Cutt wawa Sara Watkins egal Dept Sara. atkins@yaki awa.gov. Archie Matthews ONDS Archie:Matthcws@yakimawa.gov Joseph Calhoun Planning Division J o seph .Calhoun @yakim..awa. o v' Chief Rizzi Police Department Do inic. .i i(yakimawa.gov Scott Schafer Public Works Dept Scott,Schafer@yakimawa.gov Loretta Zammarchi Refuse Division Loretta calgyakijnawa.ov' Randy Layman Refuse Division Randylayman ya gov, Naeem Kara Transit Division Naeem.Kara@yakimawa.gov James Dean Utilities J4 estDe @yakimawa.gov Dana Kallevig Wastewater Dana.Kalleviggyakirnawa.mv' Randy Meloy Wastewater Rand &Meir aki a as=ov For the Record/File Binder Copy Revised 03/2018 Type of Notice: File Number(s): Date of Mailing: Gbh __ s w c' Name Ermelindo Escobedo Martha Ramirez Traditional Designs Inc Bill Hordan Ric Valicoff James Hurley Jackie Cook Rob Valicoff Rob Valicoff Robert Charron Daniel Martinez Keith H. Brett Valicoff Heri Chapula Joe Sullivan Chad Hinkle Martha Ramirez Mike Gempler Marty Miller Patrick Milton Jeff Jorgensen Address Interested Parties_City Planning - Temp Worker Housing - TXT#001-18 SEPA#003-18 7726 Bordeaux Vista Ln SW 305 W Lincoln Ave 106 S 4th Ave 410 N 2nd St 2840 Konnowac Pass Rd 411 N 2nd St 3083 Konnowac Pass Rd 300 N Frontage Rd 11530 Hwy 24 PO Box 725 PO Box 417 707 N 28th St 4008 Joshua Dr 2400 Terrace Heights Dr 2400 Terrace Heights Dr 1202 S 34th Ave 406 W Chestnut Ave 1400 Summitview Ave #203 (no address provided) City/State/Zip Code Olympia, WA 98512 Yakima, WA 98902 Yakima, WA 98902 Yakima, WA 98901 Wapato, WA 98951 Yakima, WA 98901 Wapato, WA 98951 Wapato, WA 98951 Moxee, WA 98936 Moxee, WA 98936 Moxee, WA 98936 Email di rad ition aldesignsiiinc,com hps410pwestoffice.net addle Ya :at ect.corn valicofffruit.com Yakima. WA 98901 Pasco WA 99301 hchapulwafiator Yakima, WA 98901 Yakima, WA 98901 chirrkieC iexarhomes.c m Yakima, WA 98902 Yakima, WA 98902 n Retool Yakima, WA 98902 owersieagu eeori Wapato, WA 98951 ho Jeff nsn@gra 1,# l7 t` -S -r)(7- c Ai co 3 1 S�- otes' Applicant for INT#001-17 Property Owner for INT#001-17 Architect for INT#001-17 HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet YPC Sign -In Sheet - 2/14/18 Study Session HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet YPC Sign -In Sheet - 1/24/18 Study Session YPC Sign -In Sheet -1/24/18 Study Session YPC Sign -In Sheet -1/24/18 Study Session YPC Sign -In Sheet - 1/24/18 Study Session ................. YPC Sign -In Sheet - 1/24/18 Study Session Interested Party per Joan Davenpor ....................... YPC Sign -In Sheet - 2/14/18 Study Session YPC Sign -In Sheet - 2/28/18 Study Session Updated 02/28/2018 49 Maxey Lisa From: Sent: To: Subject: Attachments: Maxey, Lisa Wednesday, March 28, 2018 4:37 PM 'Al Rose'; 'Alfred A. Rose (si|vrfx40VDbminety; Calhoun, Joseph; |barra, Rosalinda; 'Jacob Uddicoat';'LeanneHughes'K4icke|';'PothciaByeo';'PeterK4ahnace';'RobK4cConnick'; Watkins, Sara; White, Jason; 'WiIIiam Cook (cookw@charter.net)' FW: Notice of Retention of DNS City Planning_Temporary Worker Housing TXT# 001-18 & SEPA#003-18 NOTICE OF RETENTION OF DNS_City Planning TempWorkerHousing TXT.PDF From: MaxeyLisa Sent: Wednesday, March 28, 2018 4:36 PM To: Belles, Carolyn <Carolyn.Belles@yakimawa.gov>; Brown, David <David.Brown@yakimawa.gov>; Calhoun, Joseph <Joseph.CaIhoun@YAKIMAWA.GOV>; Caruso, Joe <Joe.caruso@yakimawa.gov>; Cutter, Jeff <Jeff.Cutter@yakimawa.gov>; Davenport, Joan <Joan.Davenport@yakimawa.gov>; Dean, James <James.Dean@yakimawa.gov>; DeBusschere, Suzanne <suzanne.debusschere@yakimawa.gov>; Denman, Glenn <G|enn.Denmnan@yakimawa.8ox>;Desgrose||ier,8ob<Bob.DesQroseUier@yakimavva.gnv>;|barra,Rosa|inda <Rosalinda.lbarra@yakimawa.gov>; Kallevig, Dana <Dana.Kallevig@yakimawa.gov>; Kara, Naeem <Naeem.Kara@YAKIMAWA.GOV>; Layman, Randy <Randy.Layman@yakimawa.gov>; Matthews, Archie <Archie.Matthews@yakimawa.gov>; Maxey, Lisa <Lisa.Maxey@YAKIMAWA.GOV>; Meloy, Randy <Randy.Meloy@yakimawa.gov>; Reid, Patrick <pat.reid@yakimawa.gov>; Riddle, Dan <Dan.Riddle@yakimawa.gov>; Rizzi, Dominic <dominic.rizzi@yakimawa.gov>; Schafer, Scott <Scott.Schafer@yakimavva.Qov>;Shane, Mike <K4ike.Shane@yaWnnavva.Qov>;VVatkins,Sara<Sara.VVatkins@YAK|K8AVVA.GOV>;Zannnnarchi, Loretta <Lnretta.Zarnnnarchi@YAK|MAVVA.GOV>; Ahtanum Irrigation District - Beth Ann Brulotte <bethb@ahtanum.net>; Cawley, Marc <Marc.Cawley@yakimawa.gov>; Chamber of Commerce <chamber@yakima.org>; Department of Agriculture <kmclain@agrwa.gov>; Department of Commerce (CTED) - Review Team <reviewteam@commerce.wa.gov>; Department of Ecology <sepaunit@ecy.wa.gov>; Department of Ecology - Lori White <|ori.vvhite@ecy.wa.gov>;DepartmentofEco|o8y'SEPARegister<separegister@ecy.vva.gov»; Department of Ecology CRO Coordinator <crosepacoordinator@ecy.wa.gov>; Department of Fish and Wildlife <SEPAdesk@dfw.wa.gov>; Department of Fish and Wildlife Eric Bartrand <Eric.Bartrand@dfw.wa.gov>; Department of Fish and Wildlife - Scott Doxvnes<Scott.Duxvnes@dfm.wa.Qov>; Department nfNatural Resources«sepacenter@dnrwa.Qov»; Department of Social & Health Services <Terri.Sinclair-Olson@dshs.wa.gov>; Dept. Archaeology & Historic Preservation - SEPA Review <sepa@dahp.wa.gov>; Energy Facility Site Evaluation Council - Stephen Posner <sposner@utc.wa.gov>; Nob Hill Water - Bob Irving <bob@nobhillwater.org>; Office of Rural & Farmworker Housing - Marty Miller <martym@orfh.org>; Peterson, Robert <Rob.Peterson@yakimaairterminal.com>; Scott lzutsu Yakima School District <izutsu.scott6Dyakimaschou|s.wrp; US Army Corps of Engineers David K400re<davidj.rnoone@usace.arnny.nnik WA State Parks & Recreation Commission <jessica.logan@parks.wa.gov>; West Valley School District Angela Watts <wattsa@wvsd208.org>; WSDOT Paul Gonseth <Gonsetp@wsdot.wa.gov>; WSDOT South Central Regional Planning Office <SCplanning@wsdot.wa.gov>; WSDOT Aviation Patrick Wright <wrightp@wsdot.wa.gov>; Yakama Bureau of Indian Affairs - Rocco Clark <rocco.clark@bia.gov>; Yakama Nation Environmental Management Program Elizabeth Sanchey <esanchey@yakama.com>; Yakanna-Klickitat Fisheries -John Marvin <jmarvin@yakama.com>; Yakima County Commissioners <commissioners.web@co.yakima.wa.us>; Yakima County Health District <yhd@co.yakima.wa.us>; Yakima County Health District Ryan lbach <ryan.ibach@co.yakima.wa.us>; Yakima County Planning Director Lynn Deitrick <Lynn.Deitrick@co.yakima.wa.us>; Yakima County Public Services Director, Vern Redifer <vern.redifer@co.yakima.wa.us>; Yakima Greenway Foundation Kellie Connaughton <Kellie@yakimagreenway.org>; Yakima Regional Clean Air Agency Hasan Tahat <hasan@yrcaa.org>; Yakima Valley Conference of Governments - Mike Shuttleworth <mike.shuttleworth@yvcog.org>; Yakima Valley Museum - John A. Baule <johnyakimavalleymuseum.org>; Yakima Waste Systems Keith Kova|enko<keithkADvvasteconnections.conn> Cc: Calhoun, Joseph <Joseph.Calhoun@YAKIMAWA.GOV> Subject: Notice of Retention of DNS - City Planning_Temporary Worker Housing - TXT#001-18 & SEPA#003-18 50 Attached is a Notice of Retention of Determination of Non -Significance (DNS) regarding the above - entitled project. If you have any questions about this proposal, please contact assigned planner Joseph Calhoun at (509) 575-6042 or email to: joseph.calhoungy. awa.gov. Thank you! Lisa Maxey Planning Specialist 1 City of Yakima Planning Division (509) 576-6669 — Lisa Maxey@yakimawa,gpv Planning Division: (509) 575-6183 129 N 2nd Street, Yakima, WA 98901 PVA, 2 • US."%.. SE Vt. Pianriing COY OF YAKIMA DEPA—IMENT OF COMMUNITY DEVELC vIENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2' Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NON -SIGNIFICANCE NOTICE OF RETENTION CITY OF YAKIMA, WASHINGTON March 28, 2018 File Numbers: SEPA#003-18 The City of Yakima Department of Community Development issued a: [X] Determination of Nonsignificance (DNS), [ ] Mitigated Determination of Nonsignificance (MDNS), [ ] Modified DNS/MDNS, 51 on March 7, 2018, for this proposal under the State Environmental Policy Act (SEPA) and WAC 197-11-340. This retention concerns a State Environmental Policy Act (SEPA) Review for text amendments to the City of Yakima's Urban Area Zoning Ordinance Title 15. The proposed amendments will modify the current definition of "boardinghouse," add a definition for "motel/hotel," modify the land use Table 4-1, and modify the parking Table 6-1. This threshold determination is hereby: [X] Retained [ ] Modified. Modifications to this threshold determination include the following: [ ] Withdrawn. This threshold determination has been withdrawn due to the following: [ ] Delayed. A final threshold determination has been delayed due to the following: Summary of Comments and Responses (if applicable): N/A Responsible official. Position/Title: Phone: Address: Joan Davenport, AICP Community Development Director/SEPA Responsible Official (509) 575-6183 129 N 2nd Street, Yakima WA 96901 Date: March 28, 2018 Signature You may appeal this determination to Joan riavenport, City of Yakima Community Development Director, at 129 N 2nd St., Yakima, WA 98 '01, no later than April 11, 2018. You must submit a completed appeal application form with the $580 application fee. Be prepared to make specific factual objections. Contact the City of Yakima, Planning Division, for information on appeal procedures. DOC. INDEX Pi an n'iAn g SIGN -IN SHEET City of Yakima Planning Commission City Hall Council Chambers Wednesday March 28, 2018 Beginning at 3:00 p.m. Public Hearing *PLEASE WRITE LEGIBLY* �'y PIann"i°n'g /1/0 s 4'4 U y/ , , i ©Z. ,7� a, /,,, L. offof a -al � 9,P7 sl I/AU [D f o tW F ? Nr_?‘ 6.1Ne. pot80 it 4' at\ XM. ft0/3,e) &zr 'flog iiA(kf eDf, - ?-cs wc, Page 1 03/28/2018 YPC Stu�'ic�t� I rot c 1 ry OF YAKIMA r anning WS‘ SW.N. 1. 111. IV. V. VI. 53 DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov www.yakimawa.gov/services/planning City of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Wednesday March 28, 2018 3:00 p.m. - 5:00 p.m. YPC Members: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Peter Marinace, Jacob Liddicoat, Robert McCormick, and Leanne Hughes -Mickel Council Liaison: Jason White City Planning Staff: Joan Davenport (Community Development Director); Joseph Calhoun (Planning Manager); Eric Crowell (Associate Planner); Trevor Martin (Associate Planner); Colleda Monick (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Planning Specialist) Agenda Call to Order Roll Call Staff Announcements • Introduction of New YPC Member: Leanne Hughes -Mickel Audience Participation Approval of Meeting Minutes of March 14, 2018 Public Hearing - Applicant: File Numbers: Site Address: Text Amendment City of Yakima TXT#001-18 & SEPA#003-18 N/A Request: Text amendments to the YMC Title 15 in relation to establishing regulations for temporary worker housing. Amendments include modifying the current definition of "boardinghouse" and adding a definition for "motel/hotel" (YMC 15.02 Definitions), modifying the Table of Permitted Land Uses (YMC 15.04.030 - Table 4-1), and modifying the Table of Off -Street Parking Standards (YMC 15.06.040 - Table 6-1). (Additional Information posted online at: www.yakimawa.gov/services/planning under Quick Links) Study Session: Proposed Amendments to YMC 15.04.120 Home Occupations Relating to Taxicab Businesses Other Business Adjourn Next Meeting: April 11, 2018 Yakima 2015 199-1 Patricia Byers Patbyers907.0msn,com Peter Marinace peterandsuzanne86@gmailcom Leanne Hughes -Mickel leanne.mickel@me.com YPC Packet Distribution List Temporary Worker Housing Text Amendment Public Hearing (TXT#001-18 & SEPA#003-18) YPC MEMBERS: Al Rose Sit‘frfx40@bilai..riet af-7040Pamait corn a Jacob Liddicoat iake@3dyakima.corn Date Sent: 3/21/2018 54 Bill Cook Caokatv@charternet Rob McCormick robPmccormickaircenter.com COUNCIL LIAISON: Jason White Jason.white@yakimawa.gov DOC. INDEX • Cm 55 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: TXT#001-18 & SEPA#003-18 City Planning - Temporary Worker Housing N/A - Citywide I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Application, Preliminary DNS, and YPC Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to interested parties and SEPA reviewing agencies; that said are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the Th day of March, 2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Planning Specialist DOC. INDEX Ahtanum Irrigation District Beth Ann Brulotte, Executive Assistant 10705-B Gilbert Road Yakima, WA 98903-9203 beth b ahta urn net Chamber of Commerce 10 North 9th Street Yakima, WA 98901 chamberPyakirna.org 56 Department of Agriculture Kelly McLain PO Box 42560 Olympia, WA 98504 kmc ain ea:r.wa. ay Dept of Archaeology & Historic Preservation Greg Griffith or Gretchen Kaehler, Deputy State Historic Preservation Officer P.O. Box 48343 Olympia, WA 98504-8343 Sesa@dahit.wa,Rov Department of Commerce Growth Management Services P.O. Box 42525 Olympia, WA 98504-2525 revlewtearn 1commerce,wa.gov Department of Ecology Annie Szvetecz, SEPA Policy Lead P.O. Box 47703 Olympia, WA 98504-7703 separegister@ecv.wa.eov se+aunit A'e ov lori.white Itec wa ov Department of Ecology Gwen Clear, Regional Coordinator 1250 West Alder Street Union Gap, WA 98903 crosePacoordinator@ecy.wa.gov Department of Health Kelly Cooper PO Box 47820 Olympia, WA 98504 Ketly.cooperPdoh,wa.gov Department of Fish and Wildlife Eric Bartrand 1701 South 24th Ave Yakima, WA 98902 Erionartrand drw wa ov ScortDownes AdSvma. tov Department of Natural Resources SEPA Center PO Box 47015 Olympia, WA 98504 sepacenterPdnr. wa.gov Department of Fish and Wildlife SEPA Desk PO Box 43200 Olympia, WA 98504 5EPAdesldEw wa ov Department of Social & Health Services Terri Sinclair -Olson Operations Support and Services Division P.O. Box 45848 Olympia, WA 98504 Terrt Sinclair-Olson@dshswa.pv Energy Facility Site Evaluation Council •EFSEC Stephen Posner, SEPA Officer PO Box 43172 Olympia, WA 98504-3172 sposner@titc.wa.gov Engineering Division Bob Degrosellier and Brett Sheffield, City Engineer 129 N 2nd Street Yakima, WA 98901 cianaAtallevigt akimawa. ov Nob Hill Water Association Bob Irving, Engineering Technician 6111 Tieton Drive Yakima, WA 98908 bob nobhillwater.o Office of Rural and Farm Worker Housing Marty Miller 1400 Summitview Ave, Ste# 203 Yakima, WA 98902 Ma m2 c3rfh.er8 Parks & Recreation Commission Jessica Logan PO Box 42560 Olympia, WA 98504 lessica.logan@parks.wa.gov US Army Corps of Engineers Seattle District Regulatory Branch P.O. Box 3755 Seattle, WA 98124-3755 david moortt usace.arrn mil Wastewater Division Marc Cawley or Dana Kallevig 2220 East Viola Ave Yakima, WA 98901 manceawie .kimawa.- v dana.kalievn akirnawa,gon West Valley School District Angela Watts, Asst. Supt. Of Business & Operations 8902 Zier Road Yakima, WA 98908-9299 wattsa Iwvsd208,ort WSDOT Paul Gonseth, Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 gonsetpeawsdot.gov WSDOT South Central Regionl Planning Office SC*tannin: inwscintwa, ov WSDOT, Aviation Division Patrick Wright 7702 Terminal St SW Tumwater, WA 98501 WrightPpwsdot.wa.gov Yakama Bureau of Indian Affairs Rocco Clark, Environmental Coordinator P.O. Box 632 Toppenish, WA 98948 Rocco.clark bia.gov Yakama Nation Environmental Mgmt Program Elizabeth Sanchey, Environmental Review Coordinator P.O. Box 151 Toppenish, WA 98948 esanchey@vakama.com Yakama-Klickitat Fisheries Project John Marvin 760 Pence Road Yakima, WA 98909 jmarvin@yakama.corn Yakima Air Terminal Robert Peterson, Airport Asst Manager 2400 West Washington Ave Yakima, WA 98903 robert.+eterson ov Yakima County Commissioners Cornmissioners,webermimkimamianis Yakima County Public Services Vern Redifer, Public Services Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Vern.redifer co akima.wa.us Yakima County Health District Ryan lbach, Director of Environmental Health 1210 Ahtanum Ridge Dr Ste#200 Union Gap, WA 98903 Yhd@Co.yakima.wa.us Ly.xi.ibach co. akima.wa.us Yakima Greenway Foundation Kellie Connaughton, Executive Director 111 South 18th Street Yakima, WA 98901 kellie@yakimagreenway,org Yakima County Public Services Lynn Deitrick, Planning Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Lynn...Deitrick@co.vakirna.wa.us Yakima Regional Clean Air Agency Hasan Tahat, Engineerira. & P;knning Supervisor UtpLi. 3495a Northrclasat,treet Yakima, WA 98901 INDEX: 57 Century Link Manager 8 South 2nd AveKm#304 Yakima, WA 98902 Charter Communications KevnChi|cote 10OSNorth 1GthAve Yakima, WA 98902 City of Union Gap Dennis Henne, Development Director P.O.Box 3OU8 Union Gap, WA 98903 Department of Agriculture Kelly McLain P.O.Box 4ZS6O Olympia, WA 98504 Federal Aviation Administration, Seattle Airports District Office Cayla Morgan, Airport Planner 1601 Lind Ave SW Renton, WA 98055-4056 Environmental Protection Agency NEPA Review Unit 1200 6th Ave. MS 623 Seattle, WA 98101 Governor's Office of lndian Affairs POBox 409U Olympia, WA 98504 Federal Aviation Administration 2200 W. Washington Ave Yakima, WA 98903 Pacific Power Mike Paulson 500 North Keys Rd Yakima, WA 98901 Soll Conservation District Ray Wondercheck 1606 Perry Street, Ste. F Yakima, VVA9Q9OZ Trolleys Paul Edmondson 313 North 3rd Street Yakima, WA 98901 United States Postal Service Maintenance Deptartment 205 W Washington Ave Yakima, WA 98903 WA State Attorney General's Office 1433 Lakeside Court, Ste# 102 Yakima, WA 98902 Eastern Drinking Water Operations River View CorporatCenter z6zozsIndiana Ave, Ste#1sOU Spokane Valley, WA 99216 Yakama Bureau of lndian Affairs Superintendent P.O.Box 63Z Toppenish, WA 98948 Yakania Indian Nation Johnson Meninick, Cultural Resources Program P.O. Box 151 Toppenish, WA 98948 Yakama Indian Nation Ruth Jim, Yakima Tribal Council PD.Box 151 Toppenish, WA 98948 Yakima School District Dr. Jack Irion, Superintendent 104 North 4th Ave Yakima, WA 98902 Yakima Valley Canal Co Robert Smoot 1640 Garretson Lane Yakima, WA 98908 YaNmm-TietonIrrigation District Sandra Hull 470 Camp 4 Rd Yakima, VVA989O8 Cascade Natural Gas Ol13VVGmndhdgeBlvd Kennewick, WA 99336 Ahtanum Irrigation Distric Beth Ann BrulotteExecutive Assistant 10705-B Gilbert Road Yakima, WA 98903 US Army Corps of Engineers Seattle District Regulatory Branch P.O.Box ]755 Seattle, WA 98124-3755 Type of Notice' File Number: and FORMS\SEPA REVIEWING AGENCIES_updatedu�n'm=um.dock c,„sv�*� )'�� Date of Mailing: DOC. INDEX Name Ermelindo Escobedo Martha Ramirez Traditional Designs Inc Bill Hordan Ric Valicoff Interested Parties_City Planning - Temp Worker Housing - TXT#001-18 SEPA#003-18 Address 7726 Bordeaux Vista Ln SW 305 W Lincoln Ave 106 S 4th Ave 410 N 2nd St 2840 Konnowac Pass Rd City/State/Zip Code Email Olympia, WA 98512 Yakima, WA 98902 wstrategies@comcastmet Yakima, WA 98902 Yakima, WA 98901 tdi@traditionaldesignsinccom Wapato, WA 98951 hps410@qwestoffice.net Notes Applicant for INT#001-17 Property Owner for INT#001-17 Architect for INT#001-17 HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet James Hurley Jackie Cook Rob Valicoff Rob Valicoff Robert Charron Daniel Martinez Keith H. Brett Valicoff 411 N 2nd St 3083 Konnowac Pass Rd 300 N Frontage Rd 11530 Hwy 24 PO Box 725 PO Box 417 707 N 28th St Yakima, WA 98901 Wapato, WA 98951 Wapato, WA 98951 Moxee, WA 98936 Moxee, WA 98936 Moxee, WA 98936 Yakima, WA 98901 jackie@yascollect.com rob valicofffruit.com HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet YPC Sign -In Sheet - 2/14/18 Study Session HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet HE Hearing Sign -In Sheet Heri Chapula Joe Sullivan 4008 Joshua Dr 2400 Terrace Heights Dr Pasco WA 99301 hchapula@wafla.org Yakima, WA 98901 YPC Sign -In Sheet - 1/24/18 Study Session YPC Sign -In Sheet - 1/24/18 Study Session Chad Hinkle Martha Ramirez Mike Gempler Marty Miller Patrick Milton Jeff Jorgensen 2400 Terrace Heights Dr 1202 S 34th Ave 406 W Chestnut Ave 1400 Summitview Ave #203 (no address provided) 1 Yakima, WA 98901 Yakima, WA 98902 Yakima, WA 98902 chinkle@lexarhomes.com mgempler@growersleague.org YPC Sign -In Sheet - 1/24/18 Study Session YPC Sign -In Sheet - 1/24/18 Study Session YPC Sign -In Sheet - 1/24/18 Study Session Yakima, WA 98902 Wapato, WA 98951 martym@orfh.org jeffjorgensen@gnnail.conn \ifc, f). 1:1),..5 Interested Party per Joan Davenport YPC Sign -In Sheet - 2/14/18 Study Session YPC Sign -In Sheet - 2/28/18 Study Session 1)1irt Updated 02/28/2018 59 Maxey Lisa From: Maxey, Lisa Sent: Wednesday, March 07, 2018 9:33 AM To: 'Al Rose'; 'Alfred A. Rose (silvrfx40@bmi.net)'; 'Jacob Liddicoat'; 'Patricia Byers'; 'Peter Marinace'; 'Rob McCormick'; 'William Cook (cook.w@charternety; White, Jason; Belles, Carolyn; BrownDavid; Calhoun, Joseph; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Den, James; DeBusschere, Suzanne; Denman, Glenn; Desgrosellier, Bob; Ibarra, Rosalinda; Kallevig, Dana; Kara, Naeem; Layman, Randy; MatthewsArchie; MaxeyLisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Watkins, Sara; Zammarchi, Loretta; Ahtanum Irrigation District Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce; Department of Agriculture; Department of Commerce (CTED) Review Team; Department of Ecology; Department of Ecology Lori White; Department of Ecology SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife; Department of Fish and Wildlife Eric Bartrand; Department of Fish and Wildlife Scott Downes; Department of Natural Resources; Department of Social & Health Services; Dept. Archaeology & Historic Preservation SEPA Review; Energy Facility Site Evaluation Council Stephen Posner; Nob Hill Water Bob Irving; Office of Rural & Farmworker Housing Marty Miller; Peterson, Robert; Scott lzutsu Yakima School District; US Army Corps of Engineers David Moore; WA State Parks & Recreation Commission; West Valley School District Angela Watts; WSDOT Paul Gonseth; WSDOT South Central Regional Planning Office; WSDOT Aviation Patrick Wright; Yakama Bureau of lndian Affairs Rocco Clark; Yakama Nation Environmental Management Program Elizabeth Sanchey; Yakama-Klickitat Fisheries John Marvin; Yakima County Commissioners; Yakima County Health District; Yakima County Health District Ryan bach; Yakima County Planning Director Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation Kellie Connaughton; Yakima Regional Clean Air Agency Hasan Tahat; Yakima Valley Conference of Governments Mike Shuttleworth; Yakima VaIley Museum John A. Baule; Yakima Waste Systems Keith Kovalenko; Associated Press; Bastinelli, Mike; Brown, Michael; Casa Media Partners Rebecca Lambert; Davido, Sean; El Mundo; El Sol de Yakima Normand Garcia; Fannin, John; Hispanic Chamber of Commerce; KAPP TV News; KBBO-KRSE Radio manager; KCJT TV News; KDNA Radio Francisco Rios; KEPR TV News; KIMA TV News; KIT NewsK|T/KATS/DK4VVV/KFFM Lance Tormey; KNDO TV News; KNDU TV News; KVEW TV News; La Casa Hogar; La Voz; Lozano, Bonnie; NWCN News; NWPR Anna King; Randy Luvaas Yakima Business Times; RCDR Maria DJ Rodriguez; Reed C. Pell; Tu Decides; Tu Decides Albert Torres; Yakima Herald Republic Mai Hoang; Yakima Herald Republic Newspaper; Yakima School District Jack Ilion; Yakima ValIey Business Times; Yakima Valley Business Times George Finch; YPAC Randy Beehler Cc: Calhoun, Joseph Subject: Notice of Application, Preliminary DNS, & YPC Public Hearing_ City Planning Temporary Worker Housing TXT#001 188(SEPA#UO3 18 Attachments: NOTICE OF APPLICATION, PRELIMINARY DNS & HEARING_City Planning TempWor....pdf Attached is a Notice of Application, Preliminary Determination of Non- (DNS), and Public Hearing rethe above -entitled pject. If you have any questions about this proposal please contact assigned planner Joseph Calhoun at (509) 575-6042 or email to: joseph.calhoun@yakirnawa.gov. Thank you! Lisa M ey Planning Specialist 1 City of Yakima Planning Division Planning Division: (509) 575-6183 Direct Line: (509) 576-6669 — Lisa Max©ygyakimawa.ga 129 N 2n° Street, Yakima, WA 98901 annin 2 INDEX 60 A daily part of your life Ad Proof- vB yakima-herald,com This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and run dates, if you need to make changes Date: 03/05/18 Account #: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSALINDA IBARRA,AP Address: 129 N 2ND STREET YAKIMA, WA 98901-2720 Telephone: (509) 575-6164 Fax: Account Rep: Phone # Email: Simon Sizer (509) 577-7740 ssizer@yakimaherald.com Ad ID: 798395 Start: 03/07/18 Stop: 03/07/18 Total Cost: $211.70 Lines: 116.0 # of Inserts: 1 Ad Class: 6021 Run pates: Yakima Herald -Republic 03/07/18 61 DOC. INDEX C — 62 CITY OF YAKIMA NOTICE OF APPLICATION, SEPA & PUBLIC HEARING Project Location: Citywide; Project Applicant: City of Yakima, Planning Division; File #: TXT#001-18, SEPA#003-18; 0 3/5/18 Project Description: The City of Yakima Planning Division is proposing a non -project minor amendment to the City of Yakima's Municipal Code Title 15. The proposed amendment will modify the current definition of "boardinghouse," add a definition for "motel/hotel," modify the land use Table 4-1, and modify the parking Table 6-1. NOTICE OF ENVIRONMENTAL REVIEW: This is to notify all the public and private agencies with jurisdic- tion and environmental expertise that the City of Yakima Plan- ning Division has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The City of Yakima is issuing a Pre- liminary Determination of Non- Significance (DNS) on this project. WAC 197-11-340 is being used. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: No impacts identified; Required Permits — The following local, state and federal permits/approvals are needed for the proposed project: None; Required Studies: None; Existing Environmental Docu- ments: None; Preliminary determination of the development regulations that will be used for project mitigation and consistency: Future projects will require compliance with the International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan and City of Yaki- ma Title 12 Development Standards; REQUEST FOR WRITTEN COMMENTS: The public is encouraged to review and comment on the proposed application. Written comments may be submit- ted prior to the public hearing scheduled for 3/28/18 or at the public hearing. Please send written comments to: Joan Daven- port, AICP, Community Development Director; City of Yakima, Department of Community Development; 129 N 2nd St, Yakima, WA 98901, or by email to ask planning yakimawa.gov. NOTICE OF PUBLIC HEARING: This application will require two public hearings; one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council. The public hearing before the City of Yakima Planning Commis- sion has been scheduled for 3/28/18, beginning at 3:00 p.m., in the Council Chambers, City Hall, 129 N 2nd St, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. A separate public notice will be provided for the public hearing before the Yakima City Council. NOTICE OF RECOMMENDATION:;; Notice of the Planning Commission's rec- ommendation and future notices will be sent to anyone who sub- mits comments on this application or request additional notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 N 2nd St, Yakima, WA, and online at https://www.yaki- mawa.gov/services/planning/twh/ If you have any question on this proposal, please call Joseph Calhoun, Planning Manager, at (509) 575-6042 or e-mail to: joseph.calhoun@yakimawa.gov. (798395) March 7, 2018 Courtesy of Yakima Herald -Republic nnta INDEX -1 GL CITY OF YAKIMA NOTICE OF APPLICATION, SEPA & PUBLIC HEARING Project Location: Citywide; Project Applicant: City of Yakima, Planning Division; File #: TXTN001-18, SEP/14003-18; 0 3/5/18 Project Description: The City of Yakima Planning Division is proposing a non -project minor amendment to the City of Yaklma's Municipal Code Title 15. The proposed amendment will modify the current definition of "boardinghouse," add a definition for "motel/hotel," modify the land use Table 4-1, and modify the parking Table 6-1. NOTICE OF ENVIRONMENTAL REVIEW: This Is to notify all the public and private agencies with Jurisdic- tion and environmental expertise that the City of Yakima Plan- ning Division has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The City of Yakima is issuing a Pre- liminary Determination of Non- Significance (DNS) on this project. WAC 197-11-340 is being used, The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: No impacts identified; Required Permits — The following local, state and federal permits/approvals are needed for the proposed project: None; Required Studies: None; Existing Environmental Docu- ments: None; Preliminary determination of the development regulations that will be used for project mitigation and consistency: Future projects will require compliance with the International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan and City of Yaki- ma Title 12 Development Standards; REQUEST FOR WRITTEN COMMENTS: The public is encouraged to review and comment on the proposed application. Written comments may be submit- ted prior to the public hearing scheduled for 3/28/18 or at the public hearing. Please send written comments to: Joan Daven- port, AICP, Community Development Director; City of Yakima, Department of Community Development; 129 N 2nd St, Yakima, WA 98901, or by email to ask.olanning@yaklmawa.gov. NOTICE • This application will require two public hearings; one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council. The public hearing before the City of Yakima Planning Commis- sion has been scheduled for 3/28/18, beginning at 3:00 p.m., in ' the Council Chambers, City Hall, 129 N 2nd St, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. A separate public notice will be provided for the public hearing before the Yakima City Council. NOTICE OF RECOMMENDATION: Notice of the Planning Commission's rec- ommendation and future notices will be sent to anyone who sub- mits comments on this application or request additional -notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 N 2nd St, Yakima, WA, and online at https://www.yaki- If you have any question on this proposal, please call Joseph Calhoun, Planning Manager, at (509) 575-6042 or e-mail to: igsaphcalhouneyaklmawalov. (798395) March 7, 2018 63 DOC, INDEX # C C DEPT. iMENT OF COMMUNITY DEVELC /LENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON March 7, 2018 64 PROJECT DESCRIPTION: Environmental Review of text amendments to the City of Yakima's Urban Area Zoning Ordinance Title 15. The proposed amendments will modify the current definition of "boardinghouse," add a definition for "motel/hotel," modify the land use Table 4-1, and modify the parking Table 6-1. LOCATION: PARCEL NUMBERS: PROPONENT: PROPERTY OWNERS: LEAD AGENCY: City Limits N/A City of Yakima Planning Division N/A City of Yakima FILE NUMBERS: SEPA #003-18 & TXT #001-18 DETERMINATION: 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 43.21C.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. This DNS is issued under WAC 197-11-340; the lead agency will not act on this proposal for 20 days from the date of this preliminary threshold determination. All comments must be submitted by 5:00 pm on March 27, 2018. Responsible Official: Position/Title: Phone Address: Joan Davenport SEPA Responsible Official (509) 575-6183 129 N. 2nd Street, Yakima, WA 98901 Date March 7, 2018 Signature DOC, INDEX 65 CITY Of YAKIMA DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC HEARING DATE: TO: FROM: SUBJECT: March 7, 2018 Interested Parties Joan Davenport, AICP, Community Development Director Notice of Application, Environmental Review, and Public Hearing NOTICE OF APPLICATION Project Location: Citywide Project Applicant: City of Yakima, Planning Division File Numbers: TXT#001-18, SEPA#003-18 Date of Application: March 5, 2018 PROJECT DESCRIPTION The City of Yakima Planning Division is proposing a non -project minor amendment to the City of Yakima's Municipal Code Title 15. The proposed amendment will modify the current definition of "boardinghouse," add a definition for "motel/hotel," modify the land use Table 4-1, and modify the parking Table 6-1. NOTICE OF ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Planning Division has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The City of Yakima is issuing a Preliminary Determination of Non- Significance (DNS) on this project. WAC 197-11-340 is being used. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: No impacts identified Required Permits — The following local, state and federal permits/approvals are needed for the proposed project: None. Required Studies: None Existing Environmental Documents: None. Preliminary determination of the development regulations that will be used for project mitigation and consistency: Future projects will require compliance with the International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan and City of Yakima Title 12 Development Standards. INDEX Yakima 2015 1994 a sass .eil SSXV r".6 CITY OF YAKIMd r annin DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planninggyakimawa.gov • www.yakimawa.gov/services/planning 66 REQUEST FOR WRITTEN COMMENTS The public is encouraged to review and comment on the proposed application. Written comments may be submitted prior to the public hearing scheduled for March 28, 2018 or at the public hearing. Please send written comments to: Joan Davenport, AICP, Community Development Director City of Yakima, Department of Community Development 129 North 2nd Street Yakima, WA 98901 or email comments to: ask.planninqa,yakimawa.qov. NOTICE OF PUBLIC HEARING This application will require two public hearings; one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council. The public hearing before the City of Yakima Planning Commission has been scheduled for Wednesday March 28, 2018, beginning at 3:00 p.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. A separate public notice will be provided for the public hearing before the Yakima City Council. NOTICE OF RECOMMENDATION The Planning Commission's recommendation and future notices will be sent to anyone who submits comments on this application or request additional notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington, and online at https:// .yakimawa.gov/services/planning/twh/ If you have any question on this proposal, please call Joseph Calhoun, Planning Manager, at (509) 575-6042 or e-mail to: joseph.calhounavakimawa.qov. DOC. INDEX Yakima 2015 1994 67 CITY OF YAKIMA — TEMPO ' RY WORKER HOUSING TXT#001-18 & SEPA#003-18 EXHIBIT LIST CHAPTER Public Comments Comment Letter from Bill Hordan, Hordan Planning Services 03/13/2018 Comment Letter from Ron Anderson 03/26/2018 March 26,2018 City of Yakima Planning Commission 129N.2"St. Yakima VVA9O9O1 Re: Proposed farmer worker housing Commission members RECEIVED MAR 2 8 2018 68 CITY Of YAKIMA Housing in in Yakima County is in short supply, especially farm worker housing. Many workers have to travel great distances from home to work. I support the efforts of the city of exploring the possibilities of promoting and creating housing aimed at relieving the shortage of farm worker housing. My concern and reason for writing this letter is to ask the planning commission to focus on locating housing in current residentially zoned areas of town and to not consider commercial properties such as hotels, warehouses, or any other commercially zoned properties. This includes properties located on North First Streetand other gateways into the city. Main entrances need to remain for commercial use and redevelopment into commercial use. Allowing commercial properties to become residential in use, would, in my opinion, keep those residing in these locations, separated from residential neighborhoods and thus limiting their ability to become familiar with e'my|oca|citizensandamenidesofneighborhood|ifesty|es. 1 am asking the planning commission to reject proposals to convert commercial properties into temporary or long term farm worker housing, but rather focus on creating better housing opportunities in present residentially zoned Iocations. Thank y Ron nderson 17O4669mAve HORDAN PLANNING SERVICES 410 North 2nd Street, Yakima WA 98901 Telephone: (509)249-1919 Fax: (509)249-1903 March 13, 2018 Ms. Joan Davenport, Director City of Yakima Department of Community Development 129 North 2nd Street Yakima, WA 98901 69 AV- YAKIMA ;-rixEDD DECEIVED MAR I 3 2018 CITY OF YAKIMA. KA:3,33:3 DV. RE: TXT#001-18, SEPA#003-18 — Temporary Worker Housing Dear Ms. Davenport: This letter is in response to your request for comment for Temporary Worker Housing. I will be unable to attend the next Planning Commission meeting where a recommendation will be formulated regarding this issue. So please consider these comments applicable to both the request for comments and testimony for the Planning Commission to consider. I have offered comments to the Yakima Planning Commission during preliminary discussions regarding this matter on several occasions. After reviewing the text amendments in the above referenced file, I would encourage the Planning Commission and City Council to approve the proposed changes. These changes will give clear guidance on Temporary Worker Housing within the City of Yakima. I would like also like to point out one clarification regarding some of my testimony before the Planning Commission that I believe was misunderstood. I offered testimony about "boardinghouses" in the SR Zone. My intent was to state that it was an unlikely zone for boardinghouses to be constructed because water and sewer service generally did not normally exist in that particular zoning district. I believe the Planning Commission understood m y testimony meant that I was not in favor of boardinghouses in the SR Zoning District. After the closing of public testimony, the Planning Commission referenced my testimony in their deliberation and recommended that boardinghouses be removed from the SR Zoning District. I would like to clarify that I believe boardinghouses are an appropriate use in the SR Zoning District and should remain as a Type 3/Class 3 land use in that zoning district. Thank you for the opportunity to comment. Sincerely, Bill Hordan CITY OF YAKIMA — TEMPO ' RY WORKER HOUSING TXT#001-18 & SEPA#003-18 E-1 E-2 E-3 EXHIBIT LIST CHAPTER E Yakima Planning Commission Study Session Documents YPC Study Session: January 24, 2018 E -la: Examples of TWH Facilities in Washington State E-lbRCW Code Sections E -lc: Minutes E -1d: Meeting Agenda YPC Study Session: February 14, 2018 E -2a: Proposed Code Changes & Staff Analysis E -2b: Minutes E -2c: Meeting Agenda E -3a: E -3b: E -3c: E -3d: E -3e: E -3f: E -3g: YPC Study Session: February 28, 2018 WAC Code Sections RCW Code Sections Zoning District Intent Statements Map of Potential Zoning Districts Updated Draft — Proposed Code Changes Minutes Meeting Agenda 70 01/24/2018 02/14/2018 02/28/2018 x a stwx,. IWtX CIFY Of YAKIMA arming DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission PUBLIC MEETING City Hall Council Chambers Wednesday February 28, 2018 3:00 p.m. - 5:00 p.m. 71 YPC Members: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Peter Marinace, Jacob Liddicoat, Robert McCormick Council Liaison: Jason White City Planning Staff: Joan Davenport (Community Development Director); Joseph Calhoun (Planning Manager); Eric Crowell (Associate Planner); Trevor Martin (Associate Planner); Colleda Monick (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Planning Specialist) Agenda I. Call to Order 11. Roll Call III. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of February 14, 2018 VI. Opening of the 2018 Comprehensive Plan Amendment Process VII. Continued Discussion on Temporary Worker Housing VIII. Other Business IX. Adjourn Next Meeting: March 14, 2018 Yakima 2015 DOC. t994 INDEX • E--,,, C 72 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of February 28, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Al Rose, Jacob YPC Members Absent: PLeidtedrboth excused) i co at,Marinace,RobBillMcCormickcoo Cook ( Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist; Sara Watkins, Senior Assistant City Attorney Others: Sign -in sheet in file Staff Announcements Planning Manager Joseph Calhoun announced that there is still one vacancy on the Planning Commission, and that interviews for the applicants should be conducted soon. Audience Participation Audience member Jon Briggs spoke on the impact that Uber has had on taxicab businesses in Yakima. He requested that the city allow taxi businesses to be permitted as a home occupation to eliminate the requirement for taxi businesses to have an office. The Commission asked staff to research and report back at a future meeting the history of the ordinance that changed licensing regulations for taxis. Approval of Meeting Minutes of February 14, 2018 It was motioned by Vice -Chair Rose and seconded by Commissioner McCormick to approve the minutes of February 14, 2018. The motion carried unanimously. Opening of the 2018 Comprehensive Plan Amendment Process Calhoun explained the purpose and timeline of the annual comprehensive plan amendment process. He reported that staff has received some interest from property owners in participating in this year's map amendment process. Chairwoman Byers then opened the public hearing. After allowing for public comment and receiving none, it was motioned by Vice -Chair Rose and seconded by Commission Liddicoat to open the comprehensive plan amendment process for the year 2018. The motion carried unanimously, and the hearing was then closed. Continued Discussion on Temporary Worker Housing Calhoun described staff's updated recommendations on changes to Yakima Municipal Code Title 15 regarding the addition of regulations for temporary worker housing. The Commission requested staff to bring back code language on this topic from other cities that are comparative to Yakima, if available. The Commission then discussed the possibility of allowing temporary worker housing in the RD zoning district. Audience member Bill Hordan expressed his support of staff's recommendations and echoed comments from some of the commissioners that the RD zoning district may be an appropriate zone for this land use. Audience member Ermelindo Escobedo expressed concerns on a section of the proposed definition of "Dormitory, Congregate Living Facility, Boardinghouse" which states, "maximum occupancy to be determined by the Building Official." Calhoun DOC. NDU ic f 73 clarified the intent for leaving that statement in the definition as a means for allowing flexibility. Escobedo requested that the level of review for boardinghouses with 11 or more people be a Type 1 in zoning districts where the Commission is recommending this use to be allowed. Audience member Rob Valicoff expressed his desire for city regulations to mirror federal regulations, particularly concerning the minimum square footage requirements for sleeping areas. After discussion, the Commission came to these preliminary recommendations which are to be discussed further and finalized at the public hearing: "Dormitory, Congregant Living Facilities, and Boardinghouses" should be... • SR, R4 and CBD zoning districts: Prohibited • R-2 zoning district: Type 2 Review for 10 or fewer people; Type 3 Review for 11 or more people. • R-3 zoning district: Type 1 Review for 10 or fewer people; Type 2 Review for 11 or more people. B-2 & B-2 zoning districts: Type 2 Review for 10 or fewer people; Type 3 Review for 11 or more people. • GC zoning district Type 1 Review for 10 or fewer people; Type 2 Review for 11 or more people. • RD zoning district: Type 1 Review for 10 or fewer people; Type 2 Review for 11 or more people. Sara Watkins, Senior Assistant City Attorney, suggested that the term "transient lodging" be incorporated into the definition in order to differentiate it from permanent and semi-permanent housing. She also recommended that the definition for this land use be under one term, with the other associated terms listed at the end of the definition. The Commission had consensus for Watkins to make these changes, and to use "congregant living facility" as the land use designation term. Calhoun stated that staff will make the changes requested at this meeting and will begin the public notice process which will establish March 28th as the public hearing date. Other Business The Commission reiterated their request for staff to bring back a summary of the history of the ordinance related to taxi businesses being removed from the list of allowed home occupations. - 2 - 00C. INDEX Adjourn A motion to adjourn to March 14, 2018 was passed with unanimous vote. This meeting adjourned at 415.Tp. Chaic, ()man Byerse/ Date This n vting was filmed by PAC. Minutes for this meeting submitted by: Lisa Maxey, Planning Specialist. Temporary Worker Housing 2/28/18 Planning Commission Study Session Definitions 74 "Dormitory, Congregate Living Facility, Boardinghouse" means an establishment providing both lodging and meals, or the ability to cook meals. for net more than ten -persons residing in the facility on a permanent or semi-permanent basis. This definition shall include Temporary Worker Housing as defined by RCW 70.114A.020(10) and WAC 246-358-010(26). Maximum occupancy to be determined by the Building Official. 1 SR IR -11R -21R -31113-11B-21 HB I SCC I LCC I AS I GC I CBD I RD IM -11M-21 Dormitory. Congregant Living 3 3 3 3 3 1 2 Facility, Boardinghouse up to 10 Dormitory, Congregant Living 2 2 2 2 Facility, Boardinghouse 11+ "Motel/Hotel" means a commercial establishment offering lodging or lodging and meals to travelers for compensation. SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 /tote's and Hotels Parking Proposed Dormitory, Congregant Living Facility, Boardinghouse Parking Standard: Land Use Parking Standard Dormitory, Congregant Living Facility, 1 space for every 2 beds_ Boardinghouse Facilities designated as Temporary Worker Housing may provide 1 space for every 10 beds DOC. INDEX # E3 N Temp�rafyWorker Housing: PotentiaIZoning Districts • 4 ( f ,13 1 40 i a•, ., - $1/ to "Pers.* wale. ...re. Gil .M.,+., 1 wee-lieele WlnNlrn ••q ade..r Wee.* l r .,,11.•11 Summlrv,ew New Wiw i Alaan,p,e� d»iwii W i Valley Yakima Cenlral Ca, iv war/. u ti � a w wide iomid vine lieverfini wiaYi.e. eer ■%G.rr • o 1nM 1 Weeleea WPM., 4, t 99 In�wnKH.r« oon Broadway el•alia SW a I, r ••t•M wcee•.r•e, UV,.er Valley n<f� aad i } 141.,141 115 near l•l.. :Fine D 0,38 0.75 S en 1.5 2.25 Y we 1.111•••••1 i 41 0 City Limits Yakima Urban Area Zoning Zoning Category SR Suburban Residential R-1 Single Family upa,ny, supe MI R-2 Two Family 1.1 R-3 Multi -Family citir ill B-1 Professional Business In B-2 Local Business HB Historical Business s ^ rav"1• ! SCC Small Conveneice Center Imo Union G 1 LCC Large Convenience Center ' 1 e Doo Enoche 5 - Miles CBD Central Business District MI GC General Commercial 113] M-1 Light Industrial M-2 Heavy Industrial RD Regional Development MI AS Airport Support 76 15.03.020 District and map overlay intent statements. The district intent statements define the specific purpose of each district and/or zoning map overlay. They shall reflect the policies of the Yakima urban area comprehensive plan; serve as a guide for determining the appropriate location of uses; help determine appropriate conditions for development; and help the administrative official interpret the standards and provisions. A. Suburban Residential District (SR). The intent of the suburban residential district is to provide a variety of residential lifestyles with densities generally ranging from one unit per five net residential acres to seven units per net residential acre. The higher density is reviewed and considered to be permitted when a public water system and the regional sewer system are available, or if these utilities are not available, community water and sewer systems may be allowed after review by Yakima County health district and the city of Yakima. (See YMC Chapter 15.05, Table 5-1.) This district is further intended to: 1. Limit residential density to one unit per five net residential acres in areas where flooding, airport noise, or other environmental constraints make the land unsuitable for residential use at higher densities. Development at a lower density will be reviewed to allow conversion to higher densities once utilities are available or other limiting issues are mitigated; 2. Maintain surface and groundwater quality along with the avoidance of potential health hazards, by limiting residential density to one unit per five net residential acres, in areas where public services will not be provided, and the dwelling units have individual wells and septic tanks. Development at a lower density will be reviewed to allow conversion to higher densities once utilities are available or other limiting issues are mitigated; 3. Provide the opportunity for suburban residential development, up to three dwelling units per net residential acre, in areas with either public water service or a community sewer system; and 4. Allow residential development to seven dwelling units per net residential acre in areas with both public water service and sewer system. This district is characterized by a mixture of land uses and residential densities including small farms, scattered low-density residential development, and clusters of higher -density residential development. The minimum lot size in the district varies according to the suitability of the land for development and the provision of urban level services. See YMC 15.05.030(E). DOC. INDEX # e-. c__ 77 B. Single -Family Residential District (R-1). The single-family residential district is intended to: 1. Establish new residential neighborhoods for detached single-family dwellings free from other uses except those which are compatible with, and serve the residents of, this district, which may include duplexes and zero lot lines if established during the subdivision process; 2. Preserve existing residential neighborhoods for detached single-family dwellings free from other uses to ensure the preservation of the existing residential character, and serve the residents of this district; and 3. Locate moderate -density residential development, up to seven dwelling units per net residential acre, in areas served by public water and sewer system. Detached single-family dwellings are the primary use in this district. The district is characterized by up to sixty percent lot coverage; access to individual lots by local access streets; required front, rear and side yard setbacks; and one and two story structures. The density in the district is generally seven dwelling units per net residential acre or less. This zone is intended to afford single-family neighborhoods the highest level of protection from encroachment by potentially incompatible nonresidential land uses or impacts. Nonresidential uses within these zones are not allowed; except for public or quasi -public uses, which will be required to undergo extensive public review and will have all necessary performance or design standards assigned to them as necessary to mitigate potential impacts to adjacent residences. Development exceeding seven dwelling units per net residential acre may be allowed in accordance with Table 4-1. C. Two -Family Residential District (R-2). The purpose of the two-family residential district is to: 1. Establish and preserve residential neighborhoods for detached single-family dwellings, duplexes and other uses compatible with the intent of this district; and 2. Locate residential development with densities up to twelve dwelling units per net residential acre in areas receiving a full range of public services including public water and sewer service, and police and fire protection. DOC. INDEX E -3c 78 The district is characterized by up to sixty percent lot coverage, access via local access streets and collectors, one and two story buildings, some clustering of units, and required front, rear and side yard setbacks. Typical uses in this district are single-family dwellings and duplexes. The density in this district generally ranges from seven to twelve dwelling units per net residential acre. However, development up to eighteen dwelling units per net residential acre may be allowed in accordance with YMC Chapter 15.04, Table 4-1. D. Multifamily Residential District (R-3). The multifamily residential district is intended to: 1. Establish and preserve high-density residential districts by excluding activities not compatible with residential uses; 2. Locate high-density residential development more than twelve dwelling units per net residential acre in areas receiving the full range of urban services; 3. Locate high-density residential development near neighborhood shopping facilities; and 4. Locate high-density residential development so that traffic generated by the development does not pass through lower -density residential areas. The district contains a variety of attached or clustered multifamily dwellings. E. Professional Business District (B-1). The professional business district is intended to: 1. Establish and preserve areas for professional offices; 2. Provide a buffer between commercial clusters and residential neighborhoods; and 3. Locate professional offices in areas presently receiving a full range of urban services Professional offices and, in some areas, a mix of professional offices and multifamily dwellings are the primary uses in the district. Generally, the professional business district contains smaller lot or parcel sizes. Residential densities are generally greater than twelve dwelling units per net residential acre. Building coverage may be as high as eighty percent of the site. Sitescreening requirements have been established to soften the visual impact of large buildings and parking lots and to minimize potential nuisances from light, noise and glare. Development standards are intended to accommodate a mixture of high-density residential development and office uses. DOC. INDEX F. Local Business District (B-2). The purpose of the local business district is to 79 1. Provide areas for commercial activities that meet the small retail shopping and service needs of the community; and 2. Accommodate small-scale commercial uses that need a higher level of visibility and easy access to major arterials. Uses characteristic of this district include small retail sales and service establishments. G. Historical Business District (HB). The purpose of the historical business district is to recognize existing isolated commercial structures in otherwise residential areas, to allow those structures to be occupied by traditional neighborhood business uses, and to allow these structures to be replaced if destroyed. This district is not intended to allow structural expansion, or expansion of the use onto adjoining lots. It is further intended that this district is not to serve as a small convenience center (SCC). Examples of HB uses are: taverns, small grocery stores, Laundromats, and other businesses serving the immediate residential neighborhood around this district. This zoning district is not intended to be allowed to be further expanded or formed. H. Small Convenience Center District (SCC). The purpose and intent of the small convenience center district is to: 1. Provide areas for commercial activities outside the downtown commercial district that meet community retail shopping and service needs; and 2. Accommodate small commercial centers, generally two to five acres in size, where most of the commercial uses have located in a coordinated manner around a common parking lot and one major commercial approach driveway. Small convenience centers serve the day-to-day convenience shopping and service needs of the surrounding neighborhood and should be designed to minimize undesirable impacts of the center on the neighborhood it serves. Uses in this district should be retail or personal service establishments dealing directly with the consumer, the primary occupants usually being such uses as a supermarket, fast food restaurants and drug store. I. Large Convenience Center (LCC). The purpose and intent of the large convenience center district is to: DOC. INDEX # E3c_ 80 1. Provide areas for commercial activities outside the downtown commercial district that meet the retail shopping and service needs of the community; and 2. Accommodate commercial centers, generally five to ten acres in size, where most of the commercial uses are coordinated in a manner around a common parking lot and usually with two major commercial approach driveways. Large convenience centers serve the shopping and service needs of multiple surrounding neighborhoods and should be designed to minimize the impacts. Uses in this district should be larger retail or personal services, the primary occupants usually being such uses as multiple -tenant shopping, restaurants, office complexes, and multi mixed -uses. J. Airport Support District (AS). The purpose of the airport support district is to accommodate airport and aircraft related activities within the airport property. This district includes the Yakima Air Terminal. A variety of uses are permitted. However, the intensity of development is directly related to airport and/or aircraft related uses. K. General Commercial District (GC). The purpose of the general commercial district is to accommodate wholesale and retail activities with some high-density residential development. This district is primarily located near and along the major arterials as designated in the Yakima urban area comprehensive plan. Like the CBD district, a variety of land uses are permitted. However, the intensity of development is intended to be less than in the CBD district. L. Central Business District (CBD). The purpose of the central business district is to preserve the business district of the city of Yakima as the region's center of commerce, finance, government, industry, recreation, and culture. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional buildings, and government offices. M. Regicntf PoyelppineritarAfictliiQl, The purpose of the regional development district is to provide high visibility from the interstate and state highways of the city of Yakima to provide regional commerce, office campus, recreation, large-scale retail, culture, and large multiple mixed uses. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high- density residential development, financial institutions, professional office buildings, hotels, condominiums, and corporation headquarters. DOC. INDEX 81 N. Light Industrial District (M-1). The intenofthe light industrial district is to: 1. Establish and preserve areas near designated truck muVaa, froowoyo, and the railroad for light industrial uses; . 2. Direct truck traffic onto designated truck routes and away from residential streets; and 3. Minimize conflicts between uses in the light industrial district and surrounding land uses, The light industrial district provides areas for light manufacturing, processing, research, wholesale trade, storage and distribution facilities Uses permitted in this district should not generate noise levels, light, odor, or fumes that would constitute a nuisance or hazard D. Heavy Industrial District (M-2). The intent of the heavy industrial district is to: 1. Establish and preserve areas near designated truck routes, freeways, and railroads for heavy industrial uses; . 2. Direct heavy truck traffic onto designated truck routes and away from residential streets and 3. Minimize conflicts between heavy industrial uses and surrounding land uses, The heavy industrial district provides areas for manufacturing, assembling, fabrication, processing, and distribution and storage facilities. Uses in this district have the potential to generate high levels of noise, light, odor. fumnn, or smoke that require their protection from encroachment by incompatible land uses. DOC INDEX 2/26/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION 82 Chapter 70.114A RCW TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION Chapter Listing 1 RCW Dispositions Sections 70.114A.010 Findings Intent. 70.114A.020 Definitions. 70.114A.030 Application of chapter. 70.114A.040 Responsibilities of department. 70.114A.045 Housing operation standards—Departments' agreement—Enforcement. 70.114A.050 Housing on rural worksites. 70.114A.060 Inspection of housing. 70.114A.065 Licensing, operation, and inspection—Rules. 70.114A.070 Technical assistance. 70.114A.081 Temporary worker building code—Rules—Guidelines—Exceptions—Enforcement— Variations. 70.114A.100 Rules—Compliance with federal act. 70.114A.110 Cherry harvest temporary labor camps—Rule making—Definition—Conditions for occupation—Application. 70.114A.901 Effective date -1995 c 220. 70.114A.010 Findings—Intent. The legislature finds that there is an inadequate supply of temporary and permanent housing for migrant and seasonal workers in this state. The legislature also finds that unclear, complex regulations related to the development, construction, and permitting of worker housing inhibit the development of this much needed housing. The legislature further finds that as a result, many workers are forced to obtain housing that is unsafe and unsanitary. Therefore, it is the intent of the legislature to encourage the development of temporary and permanent housing for workers that is safe and sanitary by: Establishing a clear and concise set of regulations for temporary housing; establishing a streamlined permitting and administrative process that will be locally administered and encourage the development of such housing; and by providing technical assistance to organizations or individuals interested in the development of worker housing. The definitions in this section apply throughout this chapter. (1) "Agricultural employee" means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity. (2) "Agricultural employer" means any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not limited to the planting, transplanting, tubing, precommercial thinning, and DOC. http://app.leg.wa.gov/RCW/default.aspx?cite=70.114A&full=true INDEX # E-3 b [ 1995 c 220 § 1.] 70.114A.020 Definitions. 2/26/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION 83 thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities. (3) "Department" means the department of health. (4) "Dwelling unit" means a shelter, building, or portion of a building, that may include cooking and eating facilities, that is: (a) Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and (b) Physically separated from other sleeping and common -use areas. (5) "Enforcement" and "enforcement actions" include the authority to levy and collect fines. (6) "Facility" means a sleeping place, drinking water, toilet, sewage disposal, food handling installation, or other installations required for compliance with this chapter. (7) "Occupant" means a temporary worker or a person who resides with a temporary worker at the housing site. (8) "Operator" means a person holding legal title to the land on which temporary worker housing is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful control or supervision over the temporary worker housing under a lease or other arrangement. (9) "Temporary worker" means an agricultural employee employed intermittently and not residing year-round at the same site. (10) "Temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy. [ 1999 c 374 § 6; 1995 c 220 § 2.] 70.114A.030 Application of chapter. Chapter 220, Laws of 1995, applies to temporary worker housing that consists of five or more dwelling units, or any combination of dwelling units, dormitories, or spaces that house ten or more occupants. [ 1995 c 220 § 3.] 70.114A.040 Responsibilities of department. The department is designated the single state agency responsible for encouraging the development of additional temporary worker housing, and shall be responsible for coordinating the activities of the various state and local agencies to assure a seamless, nonduplicative system for the development and operation of temporary worker housing. [ 1995 c 220 § 4.] http://appieg.wa.gov/RCW/defaultaspx?cite=70.114A&full=true 2/6 2/26/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION 70.114A.045 Housing operation standards—Departments' agreement—Enforcement. By December 1, 1999, the department and the department of labor and industries shall jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards. The agreement shall, to the extent feasible, provide for inspection and enforcement actions by a single agency, and shall include measures to avoid multiple citations for the same violation. [1999c374§3.] 84 70.114A.050 Housing on rural worksites. Temporary worker housing located on a rural worksite, and used for workers employed on the worksite, shall be considered a permitted use at the rural worksite for the purposes of zoning or other land use review processes, subject only to height, setback, and road access requirements of the underlying zone. [1995c220§5.] 70.114A.060 Inspection of housing. The secretary of the department or authorized representative may inspect housing covered by chapter 220, Laws of 1995, to enforce temporary worker housing rules adopted by the state board of health prior to July 25, 1999, or the department, or when the secretary or representative has reasonable cause to believe that a violation of temporary worker housing rules adopted by the state board of health prior to July 25, 1999, or the department is occurring or is being maintained. If the buildings or premises are occupied as a residence, a reasonable effort shall be made to obtain permission from the resident. If the premises or building is unoccupied, a reasonable effort shall be made to locate the owner or other person having charge or control of the building or premises and request entry. If consent for entry is not obtained, for whatever reason, the secretary or representative shall have recourse to every remedy provided by law to secure entry. [ 1999 c 374 § 7; 1995 c 220 § 6.], 70.114A.065 Licensing, operation, and inspection—Rules. The department and the department of labor and industries shall adopt joint rules for the licensing, operation, and inspection of temporary worker housing, and the enforcement thereof. These rules shall establish standards that are as effective as the standards developed under the Washington industrial safety and health act, chapter 49.17 RCW. [1999c374§1.]' http://app.leg.wa.gov/RCW/default.aspx?cite=70.114A&full=true 3/6 2/26/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION 70.114A.070 Technical assistance. 85 The *department of community, trade, and economic development shall contract with private, nonprofit corporations to provide technical assistance to any private individual or nonprofit organization wishing to construct temporary or permanent worker housing. The assistance may include information on state and local application and approval procedures, information or assistance in applying for federal, state, or local financial assistance, including tax incentives, information on cost-effective housing designs, or any other assistance the *department of community, trade, and economic development may deem helpful in obtaining the active participation of private individuals or groups in constructing or operating temporary or permanent worker housing. [ 1995 c 220 § 7.] NOTES: *Revisees note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. 70.114A.081 Temporary worker building code—Rules—Guidelines—Exceptions—Enforcement —Variations. (1) The department shall adopt by rule a temporary worker building code in conformance with the temporary worker housing standards developed under the Washington industrial safety and health act, chapter 49.17 RCW, and the following guidelines: (a) The temporary worker building code shall provide construction standards for shelter and associated facilities that are safe, secure, and capable of withstanding the stresses and loads associated with their designated use, and to which they are likely to be subjected by the elements; (b) The temporary worker building code shall permit and facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing; (c) In developing the temporary worker building code the department of health shall consider: (i) The need for dormitory type housing for groups of unrelated individuals; and (ii) The need for housing to accommodate families; (d) The temporary worker building code shall incorporate the opportunity for the use of construction alternatives and the use of new technologies that meet the performance standards required by law; (e) The temporary worker building code shall include standards for heating and insulation appropriate to the type of structure and length and season of occupancy; (f) The temporary worker building code shall include standards for temporary worker housing that are to be used only during periods when no auxiliary heat is required; and (g) The temporary worker building code shall provide that persons operating temporary worker housing consisting of four or fewer dwelling units or combinations of dwelling units, dormitories, or spaces that house nine or fewer occupants may elect to comply with the provisions of the temporary worker building code, and that unless the election is made, such housing is subject to the codes adopted under RCW 19.27.031. (2) In adopting the temporary worker building code, the department shall make exceptions to the codes listed in RCW 19.27.031 and chapter 19.27A RCW, in keeping with the guidelinesse this • r http://app.leg.wa.gov/RCW/defaultaspx?cite=70.114A&full=true 2/26/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION 86 section. The initial temporary worker building code adopted by the department shall be substantially equivalent with the temporary worker building code developed by the state building code council as directed by section 8, chapter 220, Laws of 1995. (3) The temporary worker building code authorized and required by this section shall be enforced by the department. The department shall have the authority to allow minor variations from the temporary worker building code that do not compromise the health or safety of workers. Procedures for requesting variations and guidelines for granting such requests shall be included in the rules adopted under this section. [ 1999 c 374 § 8; 1998 c 37 § 2.] 70.114A.100 Rules—Compliance with federal act. Any rules adopted under chapter 220, Laws of 1995, pertaining to an employer who is subject to the migrant and seasonal agricultural worker protection act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et seq.), must comply with the housing provisions of that federal act. [ 1995 c 220 § 10.] 70.114A.110 Cherry harvest temporary labor camps ule making—Definition—Conditions for occupation—Application. (1) The department and the department of labor and industries are directed to engage in joint rule making to establish standards for cherry harvest temporary labor camps. These standards may include some variation from standards that are necessary for longer occupancies, provided they are as effective as the standards adopted under the Washington industrial safety and health act, chapter 49.17 RCW. As used in this section "cherry harvest temporary labor camp" means a place where housing and related facilities are provided to agricultural employees by agricultural employers for their use while employed for the harvest of cherries. The housing and facilities may be occupied by agricultural employees for a period not to exceed one week before the commencement through one week following the conclusion of the cherry crop harvest within the state. (2) Facilities licensed under rules adopted under this section may not be used to provide housing for agricultural employees who are nonimmigrant aliens admitted to the United States for agricultural labor or services of a temporary or seasonal nature under section 1101(a)(15)(H)(ii)(a) of the immigration and nationality act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(a)). (3) This section has no application to temporary worker housing constructed in conformance with codes listed in RCW 19.27.031 or 70.114A.081. [ 2002 c 23 § 1; 1999 c 374 § 5.] 70.114A.901 Effective date -1995 c 220. http://app.legma.gov/RCW/defaultaspx?cite=70.114A8dull=true 5/6 2/26/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION 87 This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 3, 1995]. [ 1995 c 220 § 14.] http://app.leg.wa.gov/RCW/defaultaspx?cite=70.114A6full=true 6/6 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING Chapter 246-358 WAC TEMPORARY WORKER HOUSING Chapter Listing WAC Sections 246-358-001 246-358-010 246-358-015 246-358-025 246-358-027 246-358-028 246-358-0280 246-358-029 246-358-040 246-358-045 246-358-050 246-358-055 246-358-065 246-358-070 246-358-075 246-358-077 246-358-080 246-358-090 246-358-093 246-358-095 246-358-125 246-358-135 246-358-145 246-358-155 246-358-165 246-358-175 246-358-990 246-358-020 246-358-030 246-358-035 246-358-085 Purpose and applicability. Definitions. Technical assistance—Notice of violation. Licensure. Requirements for self -survey program. Enforcement. Operating without a license—Investigation of complaints—Penalties. Maximum TWH capacity. Variance and procedure. Temporary worker housing sites. TWH management plan. Water supply. Sewage disposal. Electricity and lighting. Building requirements and maintenance. Tent requirements and maintenances. Carbon monoxide alarms, smoke detectors, and fire extinguishers. Laundry facilities. Toilet facilities. Handwashing and bathing facilities. Cooking and food -handling facilities. Cots, beds, bedding, and personal storage. First aid and safety. Refuse disposal. Insect and rodent control. Disease prevention and control. Fees. 88 Last Update: 6/15/15 DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER Exemptions. [Statutory Authority: RCW 70.54.110 . WSR 96-02-014, § 246-358-020, filed 12/21/95, effective 1/1/96; WSR 93-03-032 (Order 326B), § 246-358-020, filed 1/12/93, effective 2/12/93.] Repealed by WSR 00-06-082, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.114A.065 and 70.114A.110 . Department authority. [Statutory Authority: RCW 43.70.340 . WSR 96-01-084, § 246-358-030, filed 12/18/95, effective 1/1/96. Statutory Authority: RCW 43.70.340 and 43.70.040 . WSR 93-03-031 (Order 324), § 246-358-030, filed 1/12/93, effective 2/12/93.] Repealed by WSR 00-06-082, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.114A.065 and 70.114A.110 . Supervision and responsibility. [Statutory Authority: RCW 70.54.110 . WSR 92-04-082 (Order 2428), § 246-358-035, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050 . WSR 91-02-051 (Order 124B), recodified as § 246-358-035, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-035, filed 5/2/88.] Repealed by WSR 93-03-032 (Order 326B), filed 1/12/93, effective 2/12/93. Statutory Authority: RCW 70.54.110 . Worker -supplied housing. [Statutory Authority: RCW 70.54.110 . WSR 93-03-032 (Order 326B), § 246-358-085, filed 1/12/93, effective 2/12/93. Statutory Authority: RCW 43.20.050 . WSR 91-02-051 DOC. http://apps.leg.wa.gov/waddefaultaspx?cite=246-358&full=true INDEX 1/22 -7)(X. 2/26/2018 246-358-100 246-358-105 246-358-115 246-358-140 246-358-600 246-358-610 246-358-620 246-358-630 246-358-640 246-358-650 246-358-660 246-358-670 246-358-680 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 89 (Order 124B), recodified as § 246-358-085, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-085, filed 5/2/88.] Repealed by WSR 96-02-014, filed 12/21/95, effective 1/1/96. Statutory Authority: RCW 70.54.110 . Toilet facilities. [Statutory Authority: RCW 70.114A.065 and 70.114A.110 . WSR 00-06-082, § 246- 358-100, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110 . WSR 96-02-014, § 246- 358-100, filed 12/21/95, effective 1/1/96.] Repealed by WSR 15-13-091, filed 6/15/15, effective 1/1/16. Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340 . Heating. [Statutory Authority: RCW 70.54.110 . WSR 93-03-032 (Order 326B), § 246-358-105, filed 1/12/93, effective 2/12/93; WSR 92-04-082 (Order 242B), § 246-358-105, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050 . WSR 91-02-051 (Order 124B), recodified as § 246-358-105, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-105, filed 5/2/88.] Repealed by WSR 96-02-014, filed 12/21/95, effective 1/1/96. Statutory Authority: RCW 70.54.110 . Lighting. [Statutory Authority: RCW 70.54.110 . WSR 93-03-032 (Order 326B), § 246-358-115, filed 1/12/93, effective 2/12/93; WSR 92-04-082 (Order 242B), § 246-358-115, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050 . WSR 91-02-051 (Order 124B), recodified as § 246-358-115, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-115, filed 5/2/88.] Repealed by WSR 96-02-014, filed 12/21/95, effective 1/1/96. Statutory Authority: RCW 70.54.110 . Use of tents. [Statutory Authority: RCW 70.54.110 . WSR 96-02-014, § 246-358-140, filed 12/21/95, effective 1/1/96; WSR 93-03-032 (Order 326B), § 246-358-140, filed 1/12/93, effective 2/12/93.] Repealed by WSR 00-06-082, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.114A.065 and 70.114A.110 . Cherry harvest camps -Applicability. [Statutory Authority: RCW 70.54.110 and 43.20.050 (3). WSR 99-12-006, § 246-358-600, filed 5/19/99, effective 5/19/99.] Repealed by WSR 00-06-082, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.114A.065 and 70.114A.110 . Cherry harvest camps -Licensing. [Statutory Authority: RCW 70.54.110 and 43.20.050 (3). WSR 99- 12-006, § 246-358-610, filed 5/19/99, effective 5/19/99.] Repealed by WSR 00-06-082, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.114A.065 and 70.114A.110 . Cherry harvest camps -Transitional compliance schedule. [Statutory Authority: RCW 70.54.110 and 43.20.050 (3). WSR 99-12-006, § 246-358-620, filed 5/19/99, effective 5/19/99.] Repealed by WSR 00-06-082, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.114A.065 and 70.114A.110 . Cherry harvest camps -Location of camp area and camp management plan. [Statutory Authority: RCW 70.54.110 and 43.20.050 (3). WSR 99-12-006, § 246-358-630, filed 5/19/99, effective 5/19/99.] Repealed by WSR 00-06-082, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.114A.065 and 70.114A.110 . Cherry harvest camps -Adequate lighting, electricity and altemative power. [Statutory Authority: RCW 70.54.110 and 43.20.050 (3). WSR 99-12-006, § 246-358-640, filed 5/19/99, effective 5/19/99.] Repealed by WSR 00-06-082, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.114A.065 and 70.114A.110 . Cherry harvest camps -Bathing, toilet and handwashing areas. [Statutory Authority: RCW 70.54.110 and 43.20.050 (3). WSR 99-12-006, § 246-358-650, filed 5/19/99, effective 5/19/99.] Repealed by WSR 00-06-082, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.114A.065 and 70.114A.110 . Cherry harvest camps -Personal storage. [Statutory Authority: RCW 70.54.110 and 43.20.050 (3). WSR 99-12-006, § 246-358-660, filed 5/19/99, effective 5/19/99.] Repealed by WSR 00-06-082, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.114A.065 and 70.114A.110 . Cherry harvest camps -Cold food storage areas. [Statutory Authority: RCW 70.54.110 and 43.20.050 (3). WSR 99-12-006, § 246-358-670, filed 5/19/99, effective 5/19/99.] Repealed by WSR 00-06-082, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.114A.065 and 70.114A.110 . Cherry harvest camps -Food storage and preparation areas. [Statutory Authority: RCW 70.54.110 and 43.20.050 (3). WSR 99-12-006, § 246-358-680, filed 5/19/99, effective 5/19/99.] Repealed by WSR 00-06-082, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.114A.065 and 70.114A.110 http://apps.leg.wa.gov/wac/default.aspx?cite=246-3588.full=true 1NDEx ,'=)o. 2/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 90 246-358-001 Purpose and applicability. (1) Purpose. This chapter is adopted by the Washington state department of health to implement the provisions of chapter 70.114A RCW and RCW 43.70.334 through 43.70.340, and establish minimum health and safety requirements for temporary worker housing and cherry harvest camps. (2) Applicability. (a) This chapter applies only to operators of temporary worker housing, including cherry harvest camps, provided by agricultural employers or operators in the state of Washington; and (b) Operators of temporary worker housing shall be licensed under this chapter if the housing meets the criteria identified in WAC 246-358-025. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-001, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-001, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 96-02-014, § 246- 358-001, filed 12/21/95, effective 1/1/96; WSR 93-12-043 (Order 365B), § 246-358-001, filed 5/25/93, effective 6/25/93; WSR 93-03-032 (Order 326B), § 246-358-001, filed 1/12/93, effective 2/12/93; WSR 92-04-082 (Order 242B), § 246-358-001, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-358-001, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-001, filed 5/2/88; WSR 84-18-034 (Order 273), § 248-63-001, filed 8/30/84. Formerly WAC 248-61-001.] 246-358-010 Definitions. The following definitions apply throughout this chapter unless the context clearly indicates otherwise: (1) "Agricultural employee" means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity. (2) "Agricultural employer" means any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes, but is not limited to, the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities. (3) "Bathing facility" means an enclosed area provided by the operator for occupants to bathe or shower, and may be located within a family shelter or a common facility. (4) 'Building" means any structure used or intended by the operator to be used by occupants for cooking, eating, sleeping, sanitation, or other facilities. (5) "Cherry harvest camp" means a place where housing and related facilities are provided to agricultural employees by agricultural employers or TWH operators for their use while employed for the harvest of cherries in the state of Washington. (6) "Common" means a shared facility provided by the operator for all occupants of the TWH. (7) "Dining hall" means a cafeteria -type eating place with food furnished by and prepared under the direction of the operator for consumption, with or without charge, by occupants. (8) "Drinking fountain" means a fixture equal to a nationally recognized standard or a designed -to -drain faucet which provides potable drinking water under pressure. "Drinking fountain" does not mean a bubble -type water dispenser. (9) "Dwelling unit" means a shelter, tent, building, or portion of a building, which may include cooking and eating facilities, that is: (a) Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and hftp://apps.leg.wa.gov/waddefault.aspx?cite=246-3588dull=true DOC. INDEX # _ E--5 c 3/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 91 (b) Physically separated from other sleeping and common areas. As used in this subsection, "physically separated" means a physical wall separating rooms. (10) "Family shelter" means a dwelling unit with sleeping facilities for up to fifteen occupants that may include toilet or cooking facilities. If services such as bathing, food -handling, or toilet facilities are provided in the family shelter, they are for the sole use of the occupants of the family shelter. (11) "First-aid trained" means the person holds a current certificate of first-aid training. (12) "Floor space" means the area within a dwelling unit with a minimum ceiling height of seven feet. (13) "Food -handling facility" means an enclosed area provided by the operator for occupants to prepare their own food, and may be within a family shelter or common facility. (14) "Group A public water system" means a public water system as defined under WAC 246-290-020. (15) "Group B public water system" means a public water system that is not a Group A public water system, and is defined under WAC 246-291-005. (16) "Habitable room" means a room or space in a structure used for living, sleeping, eating, or cooking. Bathing facilities, toilet facilities, closets, halls, storage or utility space, and similar areas are not considered habitable rooms. (17) "Livestock" means horses, cows, pigs, sheep, goats, poultry, etc. (18) "Occupant" means a temporary worker or a person who resides with a temporary worker at the TWH. (19) "Operating license" or "license" means a document issued annually by the department of health. (20) "Operator" means a person holding legal title to the land on which the TWH is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful control or supervision over the TWH. (21) "Recreational park trailers" means a trailer -type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use, that meets the following criteria: (a) Built on a single chassis, mounted on wheels; (b) Having a gross trailer area not exceeding 400 square feet (37.15 square meters) in the set-up mode; (c) Certified by the manufacturer as complying with American National Standards Institute standards A119.5; and (d) Compliant with chapter 296-150P WAC. (22) "Recreational vehicle" means a vehicular type unit that is compliant with chapter 296-150R WAC and primarily designed as temporary living quarters for recreational camping, travel, or seasonal use that either has its own motive of power or is mounted on, or towed by, another vehicle. Recreational vehicles include: Camping trailers, fifth -wheel trailers, motor homes, travel trailers, and truck campers, but does not include pickup trucks with camper shells, canopies, or other similar coverings. (23) "Refuse" means solid wastes, rubbish, or garbage. (24) "Temporary worker" or "worker" means an agricultural employee employed intermittently and not residing year-round at the same TWH site. (25) "Tent" means an enclosure or shelter used at a cherry harvest camp that is constructed of fabric or pliable material composed of rigid framework to support a tensioned membrane that provides a weather barrier. (26) "Temporary worker housing (TWH)" or "housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees for temporary, seasonal occupancy. TWH includes cherry harvest camps. (27) "Worker -supplied housing" means housing provided by the worker and made available to the same worker on the operator's TWH site. Worker -supplied housing includes recreational park trailers, recreational vehicles, tents, or other structures that meet the requirements of this chapter. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-010, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-010, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 96-02-014, § 246- 358-010, filed 12/21/95, effective 1/1/96; WSR 93-03-032 (Order 326B), § 246-358-010, filed 1/12/93, effective 2/12/93; WSR 92-04-082 (Order 242B), § 246-358-010, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-358-010, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-010, filed 5/2/88; WSR 84-18-034 (Order 273), § 248-63-010, filed 8/30/84. Formerly WAC 248-60A-010 and 248-61-010.] ®®C. INDEX http://apps.leg.wa.gov/wac/default.aspx?cite=246-358&full=true 4/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 246-358-015 Technical assistance—Notice of violation. 92 (1) The department of health or the department of labor and industries may provide technical assistance to assist in compliance with this chapter if requested by an operator. (2) The department of health may charge a fee for construction review technical assistance in accordance with WAC 246-359-990. (3) During a technical assistance visit or within a reasonable time thereafter, the department of health shall inform the operator of the TWH on any violations of law or agency rules as follows: (a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable law or rule; (b) A statement of what is required to achieve compliance; (c) The date by which the department of health requires compliance to be achieved; and (d) Notice of the means to contact any technical assistance services provided by the department of health or other sources of technical assistance. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-015, filed 6/15/15, effective 7/16/15.] 246-358-025 Licensure. (1) Any operator providing TWH shall apply for a TWH operating license from the department of health when: (a) The TWH consists of: (i) Five or more dwelling units; or (ii) Any combination of dwelling units, or spaces that house ten or more occupants; (b) Compliance with the Migrant and Seasonal Agricultural Worker Protection Act (96 Sta. 2583; 29 U.S.C. Sec. 1801 et. seq.) requires a license; or (c) The operator provides housing consisting of four or fewer dwelling units or any combination of dwelling units or spaces that house nine or fewer occupants and elects to comply with chapter 246-359 WAC. (2) The operator shall submit to the department of health a completed application that: (a) Is on a form provided by the department of health; (b) Identifies the maximum number of occupants during the period of licensure. This number must not exceed the maximum capacity as determined by WAC 246-358-029; (c) Proves the TWH is permitted for occupancy by the department of health or the local govemment building department with jurisdiction; (d) Proves that the water system(s) serving the TWH is in compliance with chapter 246-290 or 246-291 WAC, or local board of health rules. Operators using a Group B public water system must also provide water quality test results from a certified laboratory accredited under chapter 173-50 WAC with an official scope of accreditation for drinking water analytical parameters. Water quality test results must document compliance with the following water quality standards and frequency on a form produced by the laboratory conducting the test: (i) Satisfactory coliform within the previous twelve months; and (ii) Ten milligrams per liter or less nitrate within the previous three years; and (e) Includes a fee as specified in WAC 246-358-990. (3) The operator will receive a TWH license for the maximum number of occupants identified in the application. This number must not exceed the maximum capacity as determined by WAC 246-358-029. (4) The operator will receive a TWH license when: DOC. http://apps.legma.gov/wac/default.aspx?cite=246-3588,full=true INDEX E -3a- 5/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 93 (a) The application requirements from subsections (2) and (5) of this section are met; (b) The TWH is in compliance with this chapter as demonstrated by: (i) A prelicensure inspection completed by the department of health; or (ii) Except as provided for in subsection (10) of this section, a self -survey completed by the operator and approved by the department of health; and (c) The operator complies with any corrective action plan established by the department of health. (5) The operator shall submit the documentation in subsection (2) of this section: (a) For a new TWH site, by at least forty-five days prior to the new TWH site operation date; or (b) For a previously licensed TWH site, by February 28th of the year the operator intends to operate the TWH. (6) Except as provided for in subsection (10) of this section, the department of health may allow the use of TWH without a renewed license when all of the following conditions exist: (a) The operator timely applied for renewal of an operating license in accordance with this section as evidenced by the post mark; (b) The department of health has not inspected the TWH or issued an operating license; (c) Other local, state, or federal laws, rules, or codes do not prohibit use of the TWH ; and (d) The operator provides and maintains the TWH in compliance with this chapter. (7) An operating license is not transferable. (8) The operator shall post the operating license or a copy of the operating license in a place readily accessible to occupants of the TVVH. (9) The operator will receive an annual occupancy inspection completed and approved by the department of health. (10) For licensure and operation of cherry harvest camps: (a) Subsections (4)(b)(ii) and (6) of this section do not apply; (b) A TWH license to operate a cherry harvest camp is limited to one week before the start through one week following the conclusion of the cherry harvest. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-025, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-025, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 43.70.340. WSR 96-01-084, § 246- 358-025, filed 12/18/95, effective 1/1/96. Statutory Authority: RCW 43.70.340 and 43.70.040. WSR 93-03-031 (Order 324), § 246-358-025, filed 1/12/93, effective 2/12/93. Statutory Authority: RCW 70.54.110. WSR 92-04- 082 (Order 242B), § 246-358-025, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. WSR 91- 02-051 (Order 124B), recodified as § 246-358-025, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 34.05 RCW and RCW 43.20.050. WSR 90-06-049 (Order 040), § 248-63-025, filed 3/2/90, effective 3/2/90. Statutory Authority: RCW 43.20.050. WSR 88-10-027 (Order 309), § 248-63-025, filed 5/2/88.] # E-- 246-358-027 Requirements for self -survey program. Except for an operator of a cherry harvest camp, an operator meeting the requirements provided in this section may participate in the self -survey program. (1) The cycle of the self -survey program is as follows: (a) The operator may qualify to conduct self -surveys for up to two consecutive years. (b) During the third year, the department of health will conduct an on-site inspection(s) to ensure compliance with this chapter. (c) If the department of health determines the TWH site still meets the requirements of the self -survey program after the on-site inspection, the operator shall be eligible for a new self -survey program cycle as described in this subsection. (2) To be in the self -survey program the operator shall: (a) Meet the requirements of WAC 246-358-025; (b) Be licensed for two consecutive years without any deficiencies. DOC. http://apps.leg.wa.gov/waddefault. aspx?cite=246-35884full=true INDEX 6/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 94 (3) To remain in the self -survey program the operator shall: (a) Continue to comply with subsections (1) and (2) of this section; (b) Complete the department of health self -survey form and return the completed form to the department of health prior to temporary worker occupancy; (c) Remain free from all deficiencies; (d) Ensure modifications to any building or structure on the TWH made during the self -survey period meets the conditions of this chapter; and (e) Not have a change in ownership. (4) When a licensed TWH changes ownership, the new operator shall comply with the requirements of subsection (2) of this section before being eligible to be on the self -survey program. (5) A TWH licensee who qualifies for the self -survey program shall pay a reduced fee as specified in WAC 246-358-990. (6) The department of health or department of labor and industries are authorized to conduct inspections based on complaints or to verify compliance with this chapter [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-027, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-027, filed 3/1/00, effective 3/1/00.] 246-358-028 Enforcement. Any violation of this section will be cause for the department of health to proceed with legal action, to assess a civil fine, or modify, suspend, or revoke the license. (1) An operator shall comply with all applicable laws and regulations. (2) When the department of health finds an operator out of compliance with any applicable law or regulation, the department of health will send the operator a notice of correction according to RCW 43.05.100 with an attestation of correction form. For purposes of this section, a "notice of correction" will include: (a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable law or rule; (b) A brief statement of what is required to achieve compliance; (c) The date by which the department of health requires compliance be achieved; (d) Notice of the means to contact any technical assistance services provided by the department of health or other sources of technical assistance; and (e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department of health. (3) For purposes of this section, an "attestation of correction form" means a form developed by the department of health and completed, signed, and dated by the operator stating that the operator: (a) Has or will correct each cited deficiency; and (b) Will maintain correction of each cited deficiency. (4) On each attestation of correction form, the operator shall give a date, approved by the department of health, showing when and how the cited deficiency has been or will be corrected. (5) The operator shall sign and return the completed attestation of correction form to the department of health on or before the date required by the department of health. (6) Upon request of the department of health the operator shall show proof that for each deficiency cited the operator has corrected or is correcting each deficiency. (7) If the operator fails to correct the deficiencies by the required date, the department of health may proceed with legal action to assess a civil fine and to modify, suspend, or revoke the license. (8) An operator may contest a department of health decision or action according to the provisions of RCW 43.70.115, chapter 34.05 RCW, and chapter 246-10 WAC. (9) The operator shall fully cooperate with the department of health in, and shall in no way impede, its administration and enforcement of all applicable laws and regulations. DOC. http://apps.leg.wa.gov/waddefault. aspx?cite=246-3588dull=true INDEX 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 95 [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-028, filed 6/15/15, effective 7/16/15.] 246-358-0280 Operating without a license—Investigation of complaints—Penalties. (1) The department of health shall investigate complaints conceming unlicensed operation of TWH when a valid operating license is required under RCW 43.70.335(1) and this chapter. (2) The department of health may assess a civil fine for failure or refusal to obtain a license prior to occupancy of TWH. Proceedings to assess a civil fine shall be governed by the provisions of RCW 43.70.095, chapter 34.05 RCW, and chapter 246-10 WAC. Civil fines under this section shall not exceed twice the cost of the license plus the cost of the initial on-site inspection for the first violation of this section, and shall not exceed ten times the cost of the license plus the cost of the initial on-site inspection for second and subsequent violations within any five-year period. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-0280, filed 6/15/15, effective 7/16/15.] 246-358-029 Maximum TWH capacity. (1) Operator -supplied dwelling unit capacity will be based on: (a) The square footage of the floor space in habitable rooms provided for sleeping purposes as described in WAC 246-358-075 (12) and (13) and Table 1 of this section; and (b) The number of bathing, food -handling, handwashing, laundry, and toilet facilities as described in WAC 246-358-090 through 246-358-125. (2) Worker -supplied housing capacity will be based on the number of spaces designated by the operator for worker -supplied housing. (3) Operators may take into consideration the services provided by the worker -supplied housing to ensure all ratios for services required by this chapter are met for all occupants. Table 1 TWH Maximum Capacity Floor space requirements Sleeping room only 50 square feet per occupant Sleeping room with kitchen 100 square feet per temporary worker Facility requirements Common facility, single sex Common facility: Male/female Each family shelter Toilets Male 2 minimum, 1 per 15 occupants 1 minimum, 1 per 15 occupants Female 2 minimum, 1 per 15 occupants 1 minimum, 1 per 15 occupants 1, if provided http://apps.leg.wa.gov/wac/default.aspx?cite=246-358&full=true Handwash sinks Male 2 minimum, 1 per 6 occupants 1 per 6 occupants 1 Female 2 minimum, 1 per 6 occupants 1 per 6 occupants Bathtubs or showers Male 1 per 10 occupants 1 per 10 occupants Female 1 per 10 occupants 1 per 10 occupants 1, if provided DOC. INDEX 6-30D 8/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 96 [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-029, filed 6/15/15, effective 1/1/16. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-029, filed 3/1/00, effective 3/1/00.] 246-358-040 Variance and procedure. (1) Conditions may exist in operations that a state standard will not have practical use. The operator may request a variance. The director of the department of labor and industries may issue a variance from the requirements of the standard when another means of providing equal protection is provided. The substitute means must provide equal protection in accordance with the requirements of chapters 49.17 RCW and 296-900 WAC, administrative rules. (2) A temporary variance may be requested under chapter 296-900 WAC, administrative rules, when an operator cannot comply with new requirements by the effective date(s) in this chapter because: (a) The construction or alteration to a building cannot be completed in time; (b) Materials or equipment are not available; or (c) Professional or technical assistance is not available. (3) Applications for variances will be reviewed and may be investigated by the department of labor and industries and the department of health. Variances granted will be limited to the specific case or cases covered in the application and may be revoked for cause. The variance must remain prominently posted on the premises while in effect. (4) Requests for variances from safety and health standards shall be made in writing to the director or the assistant director, Department of Labor and Industries, P.O. Box 44625, Olympia, Washington 98504-4625. (5) Variance application forms may be obtained upon request from the department of labor and industries or the department of health. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-040, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-040, filed 3/1/00, effective 3/1/00.] 246-358-045 Temporary worker housing sites. The operator shall: (1) To prevent a health or safety hazard, locate and operate a TWH site that is: (a) Adequately drained and any drainage from and through the TWH must not endanger any domestic or public water supply; (b) Free from periodic flooding and depressions in which water may become a nuisance; (c) At least two hundred feet from a swamp, pool, sink hole, or other surface collection of water unless there is a mosquito prevention program for those areas; and (d) Large enough to prevent overcrowding of necessary structures. (2) Ensure the principal TWH area for sleeping and for food preparation and eating are at least five hundred feet from where livestock are kept or congregate. (3) Ensure the TWH grounds and open areas surrounding the buildings are kept in a clean and sanitary condition free from refuse. (4) Ensure all worker -supplied housing is maintained in good working condition. (5) Restrict the number of occupants in the TWH to the capacity as determined by the department of health. (6) When closing housing permanently or for the season: (a) Dispose of all refuse to prevent nuisance; and http://apps.leg.wa.gov/wac/defaultaspx?cite=246-3588.full=true INDEX 9/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING (b) Leave the grounds and buildings in a clean and sanitary condition. 97 [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-045, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-045, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 96-02-014, § 246- 358-045, filed 12/21/95, effective 1/1/96; WSR 93-03-032 (Order 326B), § 246-358-045, filed 1/12/93, effective 2/12/93; WSR 92-04-082 (Order 242B), § 246-358-045, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-358-045, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-045, filed 5/2/88.] 246-358-050 TWH management plan. (1) An operator shall develop and implement a written TWH management plan that must include: (a) A safety plan that includes the following: (i) Emergency information, including site name and address, emergency contact phone numbers, location of local emergency services, and the department of health bilingual TWH complaint line; (ii) A plan for contacting a first-aid trained person or emergency services within a reasonable amount of time; and (iii) Those designated actions operators and occupants must take to ensure occupant safety from fire and other emergencies, including the following: (A) Emergency escape procedures and emergency escape route assignments; (B) Procedures to account for all occupants after emergency evacuation has been completed; (C) The preferred means of reporting fires and other emergencies; and (D) Names or regular job titles of those who can be contacted for further information or explanation of duties under the plan. (iv) A requirement to designate and train a sufficient number of people to assist in the safe and orderly emergency evacuation of occupants; and (v) A requirement to regularly and properly maintain, according to established procedures, equipment and systems installed on heat producing equipment to prevent accidental ignition of combustible materials. (b) Residency rules that describe to the occupants expectations for maintaining a safe and orderly TWH. (2) The operator shall make available: (a) A written copy of the TWH management plan, in English and the native language(s) of the occupants, to the department of health or the department of labor and industries upon request; and (b) A written copy of the residency rules to occupants, in the occupant's native language(s) by: (i) Posting it in a central location visible to the occupants; and (ii) Providing individual copies to each occupant, if requested. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-050, filed 6/15/15, effective 1/1/16.] 246-358-055 Water supply. The operator shall: (1) Provide a safe and reliable supply of drinking water from an approved Group A or Group B public water system meeting the requirements of: (a) WAC 246-358-025 (2)(d) and chapter 246-290 WAC, or chapter 246-291 WAC; or (b) Local board of health rules. http://apps.leg.wa.gov/wac/defaultaspx?cite=246-3588dull=true DOC. INDEX # -3 10/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 98 (2) Ensure that the distribution lines are able to maintain the working pressure of the water piping system at not less than twenty pounds per square inch after allowing for friction and other pressure losses. (3) When water is not piped to each dwelling unit, provide cold, potable, running water under pressure within one hundred feet of each dwelling unit. (4) When water sources are not available in each dwelling unit: (a) Provide one or more drinking fountains for each one hundred occupants or fraction thereof; and (b) Prohibit the use of common drinking cups or containers from which water is dipped or poured. (5) Provide an adequate supply of hot and cold running water under pressure in bathing, food -handling, and laundry facilities. (6) Provide an automatically controlled hot water supply of 100 to 120 degrees Fahrenheit in bathing, food - handling, and laundry facilities. (7) When water located within 100 feet of a dwelling unit is unsafe for drinking purposes and accessible to occupants, post a sign by each nonpotable water source that: (a) Reads "DO NOT DRINK. DO NOT USE FOR WASHING. DO NOT USE FOR PREPARING FOOD."; (b) Is printed in English and in the native language(s) of the occupants; and (c) Is marked with easily understood pictures or symbols. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-055, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-055, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 96-02-014, § 246- 358-055, filed 12/21/95, effective 1/1/96; WSR 93-03-032 (Order 326B), § 246-358-055, filed 1/12/93, effective 2/12/93; WSR 92-04-082 (Order 242B), § 246-358-055, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-358-055, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-055, filed 5/2/88.] 246-358-065 Sewage disposal. The operator shall: (1) Provide sewage disposal systems in accordance with local health jurisdictions. (2) Connect all drain, waste, and vent systems from buildings to: (a) Public sewers, if available; or (b) Approved on-site sewage disposal systems that are designed, constructed, and maintained as required in chapters 246-272A and 173-240 WAC, and local ordinances. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-065, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-065, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 96-02-014, § 246- 358-065, filed 12/21/95, effective 1/1/96; WSR 93-03-032 (Order 326B), § 246-358-065, filed 1/12/93, effective 2/12/93. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-358-065, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-065, filed 5/2/88.] 246-358-070 Electricity and lighting. The operator shall ensure that: (1) Electricity is supplied to all dwelling units and common facilities, except chemical toilets. (2) All electrical wiring, fixtures, and electrical equipment must: (a) Comply with the electrical standards of the department of labor and industries regulations, chapters 19.28 RCW, 296-46B WAC, and local ordinances; and http://apps.leg.wa.gov/waddefaultaspx?cite=246-3588.full=true Doc. INDEX 11/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING (b) Be maintained in a safe condition. (3) Each habitable room must have at least: (a) One ceiling -type light fixture; and (b) At least one separate floor -type or wall -type convenience outlet. (4) Laundry, toilet facilities, and bathing facilities have at least one ceiling -type or wall -type light fixture. (5) General lighting and task lighting within all facilities is adequate to carry on normal daily activities. (6) Adequate lighting is provided for safe passage for occupants to handwashing sinks and toilets. Lighting requirements may be met by natural or artificial means. (7) Lighting provided for tents is compliant with WAC 246-358-077. 99 [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-070, filed 6/15/15, effective 1/1/16. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-070, filed 3/1/00, effective 3/1/001 246-358-075 Building requirements and maintenance. An operator shall: (1) Provide TWH dwelling units, including common facilities, that meet the following requirements: (a) Protect against the elements; (b) The State Building Code, chapter 19.27 RCW or the TWH construction standard, chapter 246-359 WAC; and (c) State and local ordinances, codes, and regulations when applicable. (2) Prevent condensation in dwelling units and common facilities to the degree that it does not contribute to a health risk or safety issue to occupants. (3) Prevent mold in dwelling units and common facilities. (4) Provide a locking mechanism on the exterior door(s) of each family shelter. The mechanism must not prevent egress and must be easily opened from the inside without use of a key or special knowledge. (5) Provide a locking mechanism on all bedroom doors, excluding doors to bedrooms housing more than fifteen occupants. The mechanism must not prevent egress and must be easily opened from the inside without use of a key or special knowledge. (6) Provide a locking mechanism on: (a) Each toilet stall door, if provided; and (b) Each shower stall door, if provided. (7) Identify each dwelling unit and space used for shelter by posting a number at each site. (8) Maintain buildings in good repair and sanitary condition. (9) Comply with all applicable state and federal laws and rules for lead-based paint. (10) Provide exits that are unobstructed and remain free of any material or matter where its presence would obstruct or render the exit hazardous. (11) Provide habitable rooms with: (a) Windows that equal at least one-tenth of the total floor space; and (b) At least one-half of each window which can be opened to the outside for ventilation; or (c) Mechanical ventilation in accordance with applicable standards from the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE). (12) Ensure each room used for sleeping purposes has: (a) At least fifty square feet of floor space for each occupant not including any floor space in any portion of a room less than seven feet from the finished floor to the finished ceiling; and (b) Windows that equal at least one-tenth of the floor space within the surrounding walls of the sleeping room. (13) Ensure each room in a family shelter used for sleeping and cooking purposes: (a) Meets the requirements of subsection (12)(b) of this section; and (b)(i) Has at least one hundred square feet of floor space per temporary worker. DOC. http://apps.legma.gov/wac/default.aspx?cite=246-3588,full=true INDEX 12/22 2/26/2018 Chapter 246-356 WAC: TEMPORARY WORKER HOUSING (ii) For a family shelter constructed or approved for construction under chapter 246-359 WAC before January 1, 2016, one hundred square feet of floor space per temporary worker is required by January 1, 2019. Upon the operator's request, the department of health may grant an extension(s) for up to three additional years. Requests must: (A) Include a schedule and work plan for achieving compliance; (B) Be on a form provided by the department of health; and (C) Be submitted to the department of health prior to January 1, 2019. (14) Ensure wooden floors are at least one foot above ground -level, or meet the requirements in the State Building Code, chapter 19.27 RCW or temporary worker housing construction standard, chapter 246-359 WAC. (15) Provide sixteen -mesh screening on all exterior openings. (16) Provide and maintain screen doors on all exterior entrances that: (a) Have self-closing devices; and (b) Close without gaps that would allow entry of pests. (17) Install all heating, cooking, and water heating equipment according to state and local ordinances, codes, and regulations and maintain in a safe condition. (18) Provide habitable rooms with equipment capable of maintaining a temperature of at least seventy degrees Fahrenheit during cold weather. (19) Ensure that all recreational vehicles and park trailers meet the requirements as defined in this chapter. 100 [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-075, filed 6/15/15, effective 1/1/16. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-075, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 96-02-014, § 246- 358-075, filed 12/21/95, effective 1/1/96; WSR 93-03-032 (Order 326B), § 246-358-075, filed 1/12/93, effective 2/12/93; WSR 92-04-082 (Order 242B), § 246-358-075, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-358-075, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-075, filed 5/2/88.] 246-358-077 Tent requirements and maintenances. (1) Only cherry harvest camps may use tents as TWH. (2) Each tent must be constructed to sleep no more than fifteen occupants. (3) Tents must provide protection from the elements, insects, and animals. (4) Structural stability and floors. (a) Tents and their supporting framework must be adequately braced and anchored to prevent weather related collapse. The operator shall provide documentation of the structural stability to the department of health, if requested. (b)(i) Floors must be smooth, sloped from a raised center towards the lower outer edges. (ii) Floors must be without breaks or holes to provide a hard, stable walking surface. (iii) Nonridged flooring supported by grass, dirt, soil, gravel or other uneven surface is not acceptable. (iv) Floors that are constructed of wood or concrete must comply with the building code, chapter 19.27 RCW, and this chapter. (c) Floor systems must be designed to prevent the entrance of snakes, rodents, and other nuisances. (5) Flame-retardant treatments. (a) The sidewalls, drops, and tops of tents shall be composed of flame -resistant material or treated with a flame retardant in an approved manner. (b) Floor coverings, which are integral to the tent, and the bunting shall be composed of flame -resistant material or treated with a flame retardant in an approved manner and in accordance with Uniform Building Code, Standard 31.1. (c) All tents must have a permanently affixed label bearing the following information: (i) Identification of tent size and fabric or material type; http://apps.leg.wa.gov/wac/default.aspx?cite=246-3588,full=true Doc* INDEX # 3o 13/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 101 (ii) For flame -resistant materials, the necessary information to determine compliance with this section and National Fire Protection Association Standard 701, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films; (iii) For flame retardant materials, the date that the tent was last treated with an approved flame retardant; (iv) The trade name and type of flame retardant used in the flame-retardant treatment; and (v) The name of the person and firm that applied the flame retardant. (6) Means of egress. (a) Tents must have a primary entrance door. At least one door must lead to the outside of the tent. The door must not be obstructed in any manner and must remain free of any material or matter where its presence would obstruct or render the exit hazardous. (b) If food -handling facilities are provided in tents, or the tent occupancy capacity is for ten or more occupants, a window allowing egress must be located opposite the door and must have a means to open the window or provide an easily openable space, for example, a zipper which opens downward to the floor, must be provided. (7) Floor area. The operator must: (a) If food -handling facilities are provided in the tent, provide an additional twenty square feet of floor space; (b) Provide at least fifty square feet of floor space for each occupant in rooms used for sleeping purposes. (8) Ceiling height. (a) A ceiling height of at least seven feet is required in fifty percent of the total floor area. (b) No portion of the tent measuring less than six feet from the flooring to the ceiling will be included in any computation of the floor area. (9) Windows and ventilation. (a) The operator shall provide a window area equal to one-tenth of the total floor area in each habitable room which opens at least halfway or more directly to the outside for cross -ventilation and has a minimum of sixteen -mesh screens on all exterior openings. (b) The windows must have weather -resistant flaps, which will cover the window area and a means of fastening the flaps to provide protection from the elements and allow privacy for the occupants. (10) Electrical and lighting. The operator shall ensure that: (a) Electricity is supplied to all tents used as habitable room. (b) All electrical wiring, fixtures and electrical equipment must comply with the electrical standards of the department of labor and industries regulations, chapter 19.28 RCW, and local ordinances, and be maintained in a safe condition. (c) Each tent used as habitable room has at least one ceiling -type light fixture and at least one separate floor -type or wall -type convenience outlet. (d) If cooking is provided in the tent, appropriate wiring and electrical equipment is provided. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-077, filed 6/15/15, effective 1/1/16.] 246-358-080 Carbon monoxide alarms, smoke detectors, and fire extinguishers. (1) An operator shall provide and maintain working carbon monoxide alarms that are: (a) Located in each dwelling unit with a sleeping area; and (b) Installed in accordance with the manufacturer's recommendations and in compliance with the building code, WAC 51-51-0315. (2) An operator shall provide and maintain working smoke detectors that: (a) Are located in each sleeping area; (b) Are located on each level of dwelling units with a sleeping area; (c) Are located in each cooking facility area; (d) Emits a signal when the batteries are low; (e) Are placed on the ceiling or wall, but not on the wall above any door; and http://apps.leg.wa.gov/wacklefault.aspx?cite=246-3588dull=true DOC. INDEX 14/22 2/26/2018 Chapter 246-35WAC: TEMPORARY WORKER HOUSING 102 (f) Are in compliance with the manufacturer's recommendations and the building code, WAC 51-51-0314. (3) An operator shall provide properly working fire extinguishers in dwelling units where occupantssleep if the dwelling unit does not have a second means of emergency egress. Fire extinguishers must be: (a) A minimum 2A:1O0C; (b) Installed and maintained according to the manufacturer's instructions; (c) Installed in accordance with local ordinances, codes, and regulations when applicable. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 4370.340.VV8R|15-13-O81.G248- 358-O8O.filed 6/15/ 15, effective 1/1/16.] 246-358-090 Laundry facilities. An operatoshall: (1) Provide Iaundry facilities that include: (a) One laundry tray or tub or one mechanical washing machine for every thirty occupants; (b) Adequate facilities for drying clothes; and (c) Sloped, coved floors of nonslip impervious materials with screened floor drains. (2) Maintain Iaundry facilities in a clean and sanitary condition. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-090, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-090. filed 3/1/00. effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 96-02-014, § 246- 358-090, filed 46-358-DBO.fi|ed 12/21/95, effective 1/1/96.] 246-358-093 Toilet facilities. The operator shall: (1) Provide toilet facilities adequate for the maximum capacity of the TWH according to Table 1 of WAC 246'350'029. (2) Not provide or allow the use of pit privies. (3) Fill all abandoned pit privies with earth. (4) Meet the foliowing general requirements for all toilet facilities: (a) Provide flush toilets unless chemical toiletare specifically approved by the department of health according to requirements in chapter 246-272A WAC; (b) Flush toi|ato, chemical toilets, and urinals must not be located in any sleeping noonm, dining room, cooking or food -handling facility, or any tent; (c) Toilet rooms must be provided with: (i) Handwashing sinks located in or immediately adjacent to the toilet room; (ii) Either a window of at least six square feet opening directly to the outside or adequate ventilation; (iii) Sixteen -mesh screens on all outside openings; (iv) Fixtures maintained in good working order, including toilet(s) and sink(s); and (v) Drains maintained in good working order, including floor drains with screens. (d) When chemical toilets are approved, they must be: (i) Located at least fifty feet from any dwelling unit or food -handling facility; (ii) Maintained by a Iicensed waste disposal company; (iii) Compliant with local ordinances; and (iv) Located immediately adjacentbo a handwash sink(s). ' ' (e) When urinals are providDOC. ������~ EX 15/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING (i) There must be one urinal or two linear feet of urinal trough for each twenty-five men; (ii) The floors and walls surrounding a urinal and extending out at least fifteen inches on all sides, must be constructed of materials which will not be adversely affected by moisture; and (iii) The urinal must have an adequate water flush. (5) Meet the foliowing requirements for common toilet facilities: (a) Provide the number of toiletfor each sex based on the maximum number of occupants of that sex which the TVVH is designed to house at any one time in the ratio of one toilet for every fifteen occupants, with a minimum of two toilets according to Table 1 of WAC 246'358'039; (b) Locate toilet rooms so that: (i) Toilets are within two hundred feet of the door of each sleeping room; and (ii) No person has to pass through a sleeping room to reach a toilet room; (c) Maintain toilets in a clean and sanitary condition, cleaned at Ieast daily; (d) Provide each toilet compartment with an adequate supply of toilet paper at all times; (e) Separate toilets by partitions or walls. For the purposes of this section, partitions do not include curtains. (i) Partitions and walls must ensure privacy and must have smooth, cleanable, and nonabsorbent surfaces. (ii) For a common toilet facility constructed or approved for construction under chapter 246-359 WAC before January 1.2018.partitions orwalls are required byJanuary 1'2O17. (f) Ensure the area surrounding common toilet facilities are adequately lighted; and (g) When common facilities wiIP be used for both men and women: (i) Provide separate toilet rooms for each sex with a minimum of one toilet room for each sex and meet the required ratio as defined in (a) of this subsection; (ii) Identify each room for "men" and "women" with signs printed in English and in the native language(s) of the persons occupying the TWH, or identified with easily understood pictures or symbols; and (iii) Separate facilities by solid walls or partitions extending from the floor to the roof or ceiling when facilities for each sex are Iocated in the same building. (6) Meet the following requirements for family shelters if common toilet facilities are not provided: (a) One toilet for each individual family shelter; (b) Ensure toilet facilities are cleaned prior to occupancy; and (c) Request occupants to maintain the facilities in a clean and sanitary condition. 103 [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-093, filed 6/15/15, 46-358-O93.fi|md8V1G/15. effective 1/1/18] 246-358-095 Handwashing and bathing facilities. An operator shall: (1) Provide handwashing and bathing facilities adequate for the maximum capacity of the TWH according to Table 1 of WAC 246-358-029. (2) Meet the foliowing general requirementsfor all handwashing and bathing facilities: (a) Provide cleanable, nonabsorbent waste containers; (b)PnovideaUbaths, orohm��rnoonnom/i�hocnamned�oortonemnovmm/mstm�mbar showers,drains,. (c)Maintain fi»tureeand drains ingood working order; (d) Separate showers with partitions or walis. (i) Partitions and walls must ensure privacy and be smooth, cleanable, and nonabsorbent. (ii) For a bathing facility constructed or approved for construction under chapter 246-359 WAC before January 1.2O18.partitions orwalls are required byJanuary 1.2O17. (e) All showers separated by partitions must ensure privacy. (3) Meet the foliowing requirements for common facilities: (a) One handwash sink for every six occupants. Of these handwash sinks, Iocate one handwash sink adjacent to each toilet; (b) Provide one showerhead for every ten occupants; DOC" INDEX # �Ck- 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 104 (c) Provide one "service sink" in each building used for common laundry, handwashing, or bathing; (d) Provide sloped, coved floors of nonslip impervious materials with floor drains; (e) Shower and bathing facilities must provide privacy from the opposite sex and the public; (f) Maintain common bathing and handwashing facilities in a clean and sanitary condition, cleaned at least daily; and (g) Bathing and shower facilities be available at all times during operation of the TWH. (4) Meet the following requirements for family shelters: (a) At least one handwash sink per family shelter. If an operator provides a family shelter with a toilet, the handwash sink must be located in the toilet room or immediately adjacent to the toilet room; and (b) Request occupants of family shelters to maintain bathing and handwashing facilities in a clean and sanitary condition. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-095, filed 6/15/15, effective 1/1/16. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-095, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 96-02-014, § 246- 358-095, filed 12/21/95, effective 1/1/96; WSR 93-03-032 (Order 326B), § 246-358-095, filed 1/12/93, effective 2/12/93; WSR 92-04-082 (Order 242B), § 246-358-095, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-358-095, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-095, filed 5/2/88.] 246-358-125 Cooking and food -handling facilities. The operator shall: (1) Provide sanitary facilities for storing and preparing food. (2) Provide all food -handling facilities with: (a) Covered and enclosed or screened cooking and food -handling facilities for all occupants; (b) Covered and enclosed or screened eating facilities with adequate tables and seating for the occupants; (c) If provided, hotplates that are compliant with WAC 296-307-16140(2); (d) A sink with hot and cold running potable water under pressure; (e) At least two cubic feet of dry food storage space per occupant; (f) Nonabsorbent and easily cleanable food preparation surfaces situated off the floor; (g) Mechanical refrigeration conveniently located and able to maintain a temperature of forty degrees Fahrenheit or below, with at least two cubic feet of storage space per occupant; (h) Fire-resistant, nonabsorbent, nonasbestos, and easily cleanable wall coverings adjacent to cooking areas; (i) Nonabsorbent, easily cleanable floors; (j) Adequate ventilation for cooking facilities; and (k) Cooking facilities, including fixtures and drains, maintained in good working order. (3) In common food -handling facilities, provide: (a) A room, building, or space within a building, adequate in size, separate from any sleeping quarters, for occupants to prepare and cook their own food; (b) No direct openings to living or sleeping areas from the common food -handling facility; (c) An operable cook stove or electric hot plate with four cooking surfaces for every ten occupants through any combination of cooking surfaces including burners, one foot in length of burner surface, microwave ovens, stove ovens, or convection ovens. (4) In family shelter food -handling facilities, provide an operable cook stove or electric hotplate with four cooking surfaces through any combination of cooking surfaces including bumers, one foot in length of burner surface, microwave ovens, stove ovens, or convection ovens. (5) Ensure that common dining hall facilities comply with chapter 246-215 WAC, Food service. DOC. http //apps.leg.wa.gov/wac/default.aspx?cite=246-358&full=true iNDEX 0 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 105 [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-125, filed 6/15/15, effective 1/1/16. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-125, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 96-02-014, § 246- 358-125, filed 12/21/95, effective 1/1/96; WSR 93-03-032 (Order 326B), § 246-358-125, filed 1/12/93, effective 2/12/93; WSR 92-04-082 (Order 242B), § 246-358-125, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-358-125, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-125, filed 5/2/88.] 246-358-135 Cots, beds, bedding, and personal storage. The operator shall: (1) Provide beds, cots, or bunks fumished with clean mattresses in good condition for the maximum occupancy approved by the department of health for operator -supplied housing. (2) Ensure cots are sturdy and stable and without: (a) Mold; (b) Rips or tears; (c) Insect infestation; (d) Stains from bodily fluids; or (e) Rodents or rodent droppings. (3) In TWH other than cherry harvest camps, provide beds and bunks with clean mattresses in good repair and without: (a) Mold; (b) Rips or tears; (c) Insect infestation; (d) Stains from bodily fluids; or (e) Rodents or rodent droppings. (4) Maintain bedding, if provided by the operator, in a clean and sanitary condition. (5) Locate all beds and bedding at least thirty-six inches from cooking surfaces. (6) Provide a minimum of twelve inches of clearance between each bed, bunk, or cot and the floor. (7) Allow space to separate beds or cots laterally and end to end by at least thirty-six inches when single beds or cots are used. (8) Meet the following requirements when bunk beds are used: (a) Allow space to separate beds laterally and end to end by at least forty-eight inches; (b) Maintain a minimum space of twenty-seven inches between the upper and lower bunks; and (c) Prohibit triple bunks. (9) Provide all occupants suitable storage space including personal storage space for clothing and personal articles. Storage space must be located in the occupant's room used for sleeping. (10) Effective January 1, 2017, for each temporary worker housed in a common sleeping facility, provide suitable storage space that must: (a) Ensure all or a portion of the storage space is enclosed and lockable; (b) Be anchored in a manner which adequately prevents the storage space from being removed from the building; and (c) Be accessible to the temporary worker. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-135, filed 6/15/15, effective 1/1/16. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-135, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 96-02-014, § 246- 358-135, filed 12/21/95, effective 1/1/96; WSR 93-03-032 (Order 326B), § 246-358-135, filed 1/12/93, effective 2/12/93; WSR 92-04-082 (Order 242B), § 246-358-135, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-358-135, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-135, filed 5/2/88.] DOC. http://apps. leg .wa.gov/wac/default. aspx?cite=246-3588dull=true INDEX 18/22 #CL 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 106 246-358-145 First aid and safety. The operator shall: (1) Comply with chapters 15.58 and 17.21 RCW, chapter 16-228 WAC, chapter 296-307 WAC, Parts I and J, and pesticide label instructions when using pesticides in and around the TWH. (2) Prohibit, in the TWH area, the use, storage, or mixing of flammable, volatile, or toxic substances other than those intended for household use. (3) Provide readily accessible first-aid equipment. (4) Ensure that a first aid trained person is readily accessible to administer first aid at all times. (5) Store or remove unused refrigerator units or other appliances to prevent access by children. The operator shall: (1) Comply with local sanitation codes for removing and disposing of refuse from TWH areas. (2) Protect against rodent harborage, insect breeding, and other health hazards while storing, collecting, transporting, and disposing of refuse. (3) Store refuse in fly -tight, rodent -tight, impervious, and cleanable containers, or in single -use containers. (4) Keep refuse containers clean. (5) Provide at least one container for each dwelling unit that is: (a) Located within one hundred feet of each dwelling unit; (b) Placed on a solid, flat and level stand made of wood, metal, or concrete; and (c) Secured to prevent failing over or spilling. (6) Empty refuse containers at least twice each week, and when full. 246-358-165 Insect and rodent control. http://apps.leg.wa.gov/wac./default.aspx?cite=246-358&full=true [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-145, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-145, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 96-02-014, § 246- 358-145, filed 12/21/95, effective 1/1/96; WSR 93-03-032 (Order 326B), § 246-358-145, filed 1/12/93, effective 2/12/93; WSR 92-04-082 (Order 242B), § 246-358-145, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-358-145, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-145, filed 5/2/88.] 246-358-155 Refuse disposal. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-155, filed 6/15/15, effective 1/1/16. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-155, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 96-02-014, § 246- 358-155, filed 12/21/95, effective 1/1/96; WSR 93-03-032 (Order 326B), § 246-358-155, filed 1/12/93, effective 2/12/93; WSR 92-04-082 (Order 242B), § 246-358-155, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-358-155, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-155, filed 5/2/88.] The operator shall take effective measures to prevent and control insect and rodent infestatioboc. INDEX 19/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 107 [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-165, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-165, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 93-03-032 (Order 326B), § 246-358-165, filed 1/12/93, effective 2/12/93. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-358-165, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-165, filed 5/2/88.] 246-358-175 Disease prevention and control. The operator shall: (1) Report immediately to the local health officer the name and address of any occupant known to have or suspected of having a communicable disease. (2) Report immediately to the local health officer: (a) Suspected food poisoning; (b) Unusual prevalence of fever, diarrhea, sore throat, vomiting, or jaundice; (c) Productive cough; or (d) When weight loss is a prominent symptom among occupants. (3) Prohibit any individual with a communicable disease from preparing, cooking, serving, or handling food, foodstuffs, or materials in dining halls. [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-175, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 70.114A.065 and 70.114A.110. WSR 00-06- 082, § 246-358-175, filed 3/1/00, effective 3/1/00. Statutory Authority: RCW 70.54.110. WSR 96-02-014, § 246- 358-175, filed 12/21/95, effective 1/1/96; WSR 93-03-032 (Order 326B), § 246-358-175, filed 1/12/93, effective 2/12/93; WSR 92-04-082 (Order 242B), § 246-358-175, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-358-175, filed 12/27/90, effective 1/31/91; WSR 88-10-027 (Order 309), § 248-63-175, filed 5/2/88.] 246-358-990 Fees. (1) Licensing fee. An operator shall submit to the department of health a licensing fee according to Table 1 of this section prior to the department of health issuing a TWH operating license. Except as provided in subsections (2) and (3) of this section, the licensing fee consists of two portions: (a) An administrative portion according to Table 1 of this section; and (b) A facility portion, based on the maximum occupancy of the TWH, according to Table 1 of this section. For purposes of this section, maximum occupancy is the greatest number of occupants that reside in the TWH during the calendar year. (2) Self -survey program. If an operator is a participant of the self -survey program described in WAC 246- 358-027, the operator may pay the administrative portion only of the licensing fee according to Table 1 of this section. The operator may pay this fee only during the years the operator is approved to conduct the self - survey. (3) Minimum licensing fee. The minimum licensing fee is ninety dollars. (4) Late fees. The department of health may charge a late fee according to Table 1 of this section in addition to the licensing fee when: (a) For a new license, the application and licensing fee are not received by the department of health at least forty-five days prior to the new TWH opening operation date; http://apps.leg.wa.gov/wac/default.aspx?cite=246-3588,full=true 20/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING 108 (b) For a previously licensed TWH, the application and licensing fee are not received by the department of health by February twenty-eighth of the year the operator intends to operate the TWH. (5) Occupancy increase adjustment. (a) If, at any time, the operator or the department of health determines there are more occupants than the maximum occupants identified on the application for an operating license according to WAC 246-358-025, the operator shall submit additional funds to the department of health in the amount of four dollars for each additional occupant. (b) Funds must be submitted to the department of health within thirty calendar days of the operator being made aware of the discrepancy. (c) Additional occupants accounted for in this subsection may not contribute to exceeding the maximum capacity of the TWH according to WAC 246-358-029. (6) Refunds. (a) The operator shall submit a written request to the department of health for any refund; and (b) If the operator provides documentation to the department of health that the TWH was not occupied during the license period, the department of health shall refund fees paid by the operator according to the following conditions: (i) The department of health will refund the licensing fees paid, less a fifty dollar processing fee, if an application has been received but no prelicensure inspection has been performed by the department of health; Or (ii) The department of health will refund two-thirds of the licensing fees paid, less a fifty dollar processing fee, if an application has been received and a prelicensure inspection has been performed by the department of health. (c) The department of health will not refund applicant licensing fees under subsection (1)(b) of this section if: (i) The department of health has performed more than one on-site inspection for any purpose; or (ii) One year has elapsed since a license application was received by the department of health, but no license was issued because the applicant failed to complete requirements for licensure. (d) If the operator provides documentation to the department of health of fewer occupants than the maximum occupants identified on the application for an operating license according to WAC 246-358-025, the department of health shall refund fees paid by the operator according to following conditions: (i) The department of health will refund the amount of four dollars for every occupant fewer than the maximum number of occupants identified on the application, if an application has been received and no prelicensure inspection has been conducted; (ii) The department of health will refund the amount of two dollars for every occupant fewer than the maximum number of occupants identified on the application, if an application has been received and a prelicensure inspection has been conducted; or (iii) The department of health will not refund any amount under subsection (1)(b) of this section if the department of health has performed more than one on-site inspection for any purpose. (7) TWH civil fine. The department of health may assess an operator a civil fine according to RCW 43.70.335. Table 1 Fees, Temporary Worker Housing Fee Type Licensing Administrative Portion http://apps.leg.wa.gov/wacidefault.aspx?cite=246-3588.full=true $50 Facility Portion $4 per occupant, at maximum annual occupancy ($90 minimum total fee) DOC. INDEX 21/22 2/26/2018 Chapter 246-358 WAC: TEMPORARY WORKER HOUSING Fee Type Administrative Portion Facility Portion License, Self - Survey Program $50 $0 Late $100 (Late fees are in addition to licensing fees) 109 [Statutory Authority: Chapter 70.114A RCW and RCW 43.70.334 through 43.70.340. WSR 15-13-091, § 246- 358-990, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 43.70.340, chapter 70.114A RCW and 2012 2nd sp.s. c 7, § 219(32). WSR 14-12-049, § 246-358-990, filed 5/30/14, effective 7/1/14. Statutory Authority: RCW 43.70.340 and 2010 c 37. WSR 11-13-124, § 246-358-990, filed 6/22/11, effective 7/23/11. Statutory Authority: RCW 43.70.340. WSR 99-24-095, § 246-358-990, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 43.70.340 and 43.70.040. WSR 93-03-031 (Order 324), § 246-358-990, filed 1/12/93, effective 2/12/93. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-358-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. WSR 87-24-074 (Order 2564), § 440-44- 100, filed 12/2/87; WSR 86-05-029 (Order 2342), § 440-44-100, filed 2/19/86.] http://apps.leg.wa.gov/wac/default.aspx?cite=246-3588dull=true INDEX Cl 22/22 PI acn-Hph in"g' DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov www.yakimawa.gov/services/planning City of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Wednesday February 14, 2018 3:00 p.m. - 5:00 p.m. 110 YPC Members: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Peter Marinace, Jacob Liddicoat, Robert McCormick Council Liaison: Jason White City Planning Staff: Joan Davenport (Community Development Director); Joseph Calhoun (Planning Manager); Eric Crowell (Associate Planner); Trevor Martin (Associate Planner); Colleda Monick (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Planning Specialist) Agenda I. Call to Order II. Roll Call III. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of January 24, 2018 VI. Public Hearing - Rezone Applicant: Hordan Planning Services on behalf of Super Cold Storage LLC File Numbers: RZ#006-17 & SEPA#035-17 Site Address: 1415 River Rd Request: Non -project rezone consisting of one 1.96 -acre parcel from Large Convenience Center (LCC) to Light Industrial (M-1). VII. Continued Discussion on Temporary Worker Housing VIII. Other Business IX. Adjourn Next Meeting: February 28, 2018 Yakimer DbC. INDEX 111 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of February 14, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Al Rose, Jacob Liddicoat, Bill Cook, Rob McCormick YPC Members Absent: Peter Marinace (excused) Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist; Colleda Monick, Assistant Planner; Glenn Denman, Building Official Others: Sign -in sheet in file Audience Participation None noted. Approval of Meeting Minutes of fanuary 24, 201 It was motioned by Vice -Chair Rose and seconded by Commissioner Liddicoat to approve the minutes of January 24, 2018. The motion carried unanimously. Public Hearing - Super Cold Storage LLC Rezone (RZ#006-17 & SEPA#035-17) Assistant Planner Colleda Monick provided a summary of the staff report for the proposed rezone at 1415 River Rd. from Large Convenience Center (LCC) to Light Industrial (M-1). Bill Hordan of Hordan Planning Services, applicant on behalf of property owner Super Cold Storage LLC, submitted a two-page map exhibit. Hordan described the contents of the exhibit and asked that the Commission recommend approval of this proposal to City Council. *Chairwoman Byers welcomed Councilman Jason White as the new liaison for the Commission. Hordan answered questions from the Commission members related to surrounding land uses and proposed sitescreening. After allowing an opportunity for public testimony and receiving none, it was motioned by Vice -Chair Rose and seconded by Commissioner Cook that the Planning Commission draft findings of fact and forward a recommendation of approval to the City Council. Continued Discussion on Temporary Worker Housing Audience member Mike Gempler spoke in favor of the city adopting language into the municipal code that allows temporary worker housing in the city limits. Audience member Ermelindo Escobedo echoed Gempler's sentiment and spoke in favor of staff's suggestion to modify the "boardinghouse" definition to accomplish this. He asked that the proposed "Boardinghouse 11+" land use designation require only a Type 1 review in the zoning districts they are recommended to be allowed in. Bill Hordan articulated his support for staff's suggestion to change the definition of boardinghouse to include state law's definition of temporary worker housing. He described his concerns with permitting boardinghouses in the B-1 and B-2 zoning districts, and advocated for allowing "boardinghouses 11+" in the same zoning districts - I - 112 and under the same levels of review as indicated for motels and hotels in the municipal code, with the exception that boardinghouses with 11 or more people be a Type 1 Review in the R-3 zoning district. Planning Manager Joseph Calhoun summarized the handout provided at the meeting, which contains text from state law on temporary worker housing and outlines staff's analysis and recommendations surrounding codifying language for temporary worker housing. Commissioners and staff further discussed the information presented. Audience member Rob Valicoff voiced the importance of adopting city code requirements that are consistent with state and federal requirements for temporary worker housing. City Building Official Glenn Denman shared his analysis of how temporary worker housing will be regulated by the city building code. Discussion ensued regarding onsite management for temporary worker housing facilities. Calhoun reported that he will continue to research which zoning districts this use would be appropriate in and what level of review should be required. The Commission requested staff to prepare a map of the city that illustrates the zoning districts where staff is proposing temporary worker housing to be permitted. It was also requested that the definition of hotel/motel be drafted, and for a list of the building code occupancy classifications to be provided to the Commission. Staff Announcement Calhoun announced that several applications have been submitted for the open seat on the Planning Commission, which should be reviewed by the Partnerships Committee soon. He stated that the opening of the annual Comprehensive Plan amendment process will be on the agenda for the next Commission meeting on the 28th. Lastly, he shared that he has established June 25th as the date for a "planning short course," which will take place at the Public Works training room from 6:15 p.m. to 9:15 p.m. Other Business Calhoun clarified that the discussion on temporary worker housing will be continued to the February 28th Commission meeting. Adjourn A motion to adjourn to February 28, 2018 was passed with unanimous vote. This meeting adjourned at 428 p.m. 7 2....7";),.. Chair ornan Byers Date This int, Ting was filmed by YFX Minutes for this meeting submitted by: Lisa Maxey, Planning Specialist. -2 DOC. INDEX 113 Temporary Worker Housing 2/14/18 Planning Commission Study Session Building Code The Temporary Worker Housing Construction Standard is codified in WAC 246-359. The applicability of this code is very specific: 246-359-005 Applicability. (1) This chapter applies only to temporary worker housing as defined in RCW 43.70.334 through 43.70.340 and chapter 70.114A RCW. (2) TWH meeting the requirements of subsection (1) of this section must: (a) Be located on a rural worksite; and (b) Comply with: (i) Chapter 246-358 WAC (TWH rules); and (ii) The electrical code, chapter 296-46B WAC. (3) Existing structures built as nonresidential buildings, according to the state building code, may be licensed as TWH by complying with the specific requirements of WAC 246- 359-600, alternate construction, and approved under the authority of this chapter. (4) Alterations to residential housing constructed according to the state building code and approved by the authority having jurisdiction must comply with: (a) The authority having jurisdiction for issuing building permits; and (b) This chapter. (5) TWH built in compliance with this chapter is exempt from state building code accessibility laws, RCW 19.27.031(5). (6) Temporary worker housing built in compliance with this chapter which is subsequently converted to another use becomes subject to all local requirements for such use as enforced by the authority having jurisdiction. (7) This chapter does not apply to: (a) Housing built for use by the general public which is governed by chapter 59.18 RCW (Residential Landlord -Tenant Act) or chapter 59.20 RCW (Mobile Home Landlord -Tenant Act); (b) Factory assembled structures as defined in this chapter, except for the requirements in subsection (8) of this section; and (c) The construction of structures governed by the state building code and enforced by the authority having jurisdiction. (8) This chapter is limited to issuing a construction permit for factory assembled structures to meet the following requirements: (a) On-site installation; and (b) Inspection of the site, foundation, and hook-ups, including, but not limited to: Potable water, sewage disposal systems, or gas connections. 246-359-600 Alternate construction. (1) The department of health will allow alternate construction to the requirements stated in WAC 246-359-180 through 246-359-440 of this chapter when the plans are designed and stamped by an engineer or architect licensed to practice in the state of Washington, and meet applicable sections of the state building code as adopted by the state building code council or other code as approved by the department of health. Doc. INDEX 114 (2) Any changes in the structural design must be stamped by an engineer including: (a) Fixed construction, which cannot be dismantled and stored. Such fixed construction mii ,Qt rmmply 111,i+h the a+nrani iirernen+c of tho a+a+a hi iifrlinn rnrlA fnr axnmr I winrl forces, seismic forces, snow Toad, live load, and dead Toad. (b) Nonfixed construction which can be dismantled and stored for use when ice or snow exceed the snow loads stated in this chapter. Such nonfixed construction must comply with the structural requirements of the state building code, for example, wind forces, seismic forces, live load, and dead load with the exception of snow loads. (3) To determine compliance with this section the department may require a special inspector to conduct special inspections. Staff Analysis: The highlighted sections above lead us to the following conclusions: 1. TWH built to the standards allowed by WAC 246-359 have to be located on a rural worksite. 2. TWH may be licensed in an existing nonresidential structure if plans are stamped by an engineer or architect and they meet state building code requirements. Essentially, the lesser allowances for construction only apply to those TWH units/structures that are built at the rural site. Any renovated structure within city limits will be required to meet all building code requirements. Land Use Considerations When this discussion first began last spring with 305 W. Lincoln Ave, the land use that was most similar to the proposal was Boardinghouse. However, the definition of Boardinghouse limits the use to 10 people. Given the fact that TWH built in the city limits (not on a rural site) still has to meet applicable building code provisions, the most expeditious way to add this use would be to modify the definition of Boardinghouse to something similar to the following: "Boardinghouse" means an establishment providing both lodging and meals, or the ability to cook meals, for +eie-than-ter+persons residing in the facility on a permanent or semi- permanent basis. This definition shall include Temporary Worker Housing as defined by RCW 70.114A.020(10) and WAC 246-358-010(26). Maximum occupancy to be determined by the Building Official. The Boardinghouse use is allowed as shown below. To maintain some consistency with the current layout, the use was bifurcated into up to 10 and 11+. SR R-11!1-2 R-3 8-1 B2 HB SCC LCC AS GC can t RD Act I ti i Boardinghouse up to 10 3 3 3 3 3 1 2 Boardinghouse 11+ 3 2 2 2 Staff Analysis: The Commercial zones certainly seem to be the most appropriate zones for larger -scale uses. The 11+ use would be most applicable to the R-3 zone as opposed to the SR and R-2. From an economic development standpoint, the CBD would not be recommended for this use — land is at a premium in the CBD and to create viable mixed-use centers a permanent housing structure would be more desirable. Furthermore, the concept of renovating an old hotel would be disastrous in the downtown. DOC. I DrX 115 Adding TVVH to the Boardinghouse definition also allows for what has been discussed at previous meeting which entailed this type of housing also being available for contractors or other such temporary use. Additional Background Information Definitions "Temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy. (Reference — RCW 70.114A.020(10), WAC 246-358-010(26)) Zoning Districts and Level of Review The following is a list of similar uses and the zoning districts they are permitted in: 3 3 3 3 3 2 0-7 12DUINRA 13+ 2 2 3 1 1 1 2 2 2 2 2 2 2 2 Parking The parking requirements for the above -listed uses is as follows: LAND USE 10 units or less M * Ow 10 u 2 41• 2 41: 1 2 2 2 1 2 2 2 2 2 2 1 1 2 There is no listed parking standard for a Boardinghouse. In these instances the code allows the standard to be determined based upon a similar use. For a Boardinghouse we would likely use the standard for "Convalescent, nursing and group homes" and "Halfway houses" which is 1 space for each 2 beds. This standard is adjustable. 116 Staff Analysis: The parking requirements listed above likely do not reflect the narratives we have heard which is that the temporary workers would have very few vehicles, if any. Perhaps a more appropriate parking standard would ieiaie to the number of staff who would work at the facility for meals, upkeep, etc. coupled with perhaps an X-space/X- square-feet of common area, along with designated loading/unloading zones. 117 DEPARTMENT OF COMMUNITY DEVELOPMENT ASAA. Joan Davenport, AICP, Director Planning Division r‘ CITY OF YAIOMA arining Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning(q),yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission STUDY SESSION City Hall Council Chambers Wednesday January 24, 2018 3:00 p.m. - 5:00 p.m. YPC Members: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Peter Marinace, Jacob Liddicoat, Robert McCormick Council Liaison: Jason White City Planning Staff: Joan Davenport (Community Development Director); Joseph Calhoun (Planning Manager); Eric Crowell (Associate Planner); Trevor Martin (Associate Planner); Colleda Monick (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Planning Specialist) Agenda 1. Call to Order II. Roll Call 111. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of January 10, 2018 VI. Discussion on the Hearing Examiner's Decision for an Unclassified Use Interpretation for H2 -A Temporary Worker Housing (File No. INT#001-17) VII. Other Business VIII. Adjourn Next Meeting February 14, 2018 Yakima 2f),5 DOC. INDEX # &-1-d City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of January 24, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Al Rose, Jacob Liddicoat, Bill Cook, Rob McCormick, Peter Marinace 118 YPC Members Absent: Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist Others: Sign -in sheet in file *Chairwoman Byers clarified at the opening of the meeting the purpose of the audience participation item on the agenda and announced that anyone wishing to address the commission at this meeting should fill out and submit an audience participation slip. Staff Announcements Planning Manager Joseph Calhoun reminded audience members to use the sign -in sheet. Calhoun provided a handout with information on an upcoming training opportunity for any commissioners wanting to attend. He added that he is still working on scheduling an Open Public Meetings Act training to take place at city hall for the commissioners per their request. It was also announced by Chairwoman Byers and confirmed by Calhoun that there is still one vacancy on the Planning Commission. Approval of Meeting Minutes of January 10, 2018 It was motioned by Commissioner Rose and seconded by Commissioner McCormick to approve the minutes of January 10, 2018. The motion carried unanimously. Audience Participation None noted. Discussion on the Hearing Examiner's Decision on an Unclassified Use Interpretation for H -2A Temporary Worker Housing (File No. INT#O01-17) Calhoun summarized the Hearing Examiner's decision on this matter, which recommends that the Planning Commission go through the legislative process to establish a definition in the city code for this use, determine what zoning districts the use should be allowed in, and decide what level of review should be required. The commission would then make the recommendation to City Council, who will make the final decision. He went into further details of the Hearing Examiner's decision and state law requirements related to this type of use. *Commissioner Marinace came into the meeting at approximately 3:05 p.m. Bill Hordan of Hordan Planning Services spoke to the need for temporary worker housing in the city limits and briefly described how such facilities are approved in the county. Hordan voiced his desire for the local government to view this simply as housing DOC. 1NDa 119 and let the specific standards for this housing type be handled through federal regulations. Ermelindo Escobedo, applicant for INT#001-17 and HR consultant for housing matters, described the benefit of temporary worker housing being in close proximity to retail services and other community gathering locations such as churches. Escobedo briefly spoke to how these facilities are monitored and regulated. He expressed his interest in having the commission meet with him and growers who want to utilize this housing option so they may further discuss this topic. Planning Manager Joseph Calhoun requested that anyone interested in being part of this discussion reach out to the Planning Division so they may be notified of future meetings. Heri Chapula, representing WAFLA, an HR group for the agricultural industry, spoke to the positive impacts these facilities can have on cities, citing the La Posada housing facility in Pasco, Washington as an example where the neighborhood that the housing was placed in was improved aesthetically and the feeling of safety was increased. Chapula noted a new temporary worker housing facility that's being built in Okanagan. He emphasized how highly regulated these facilities are. Chairwoman Byers asked staff to report back the commission with a summary of federal and state regulations for temporary worker housing. Discussion took place on the definition of H -2A housing. Ermelindo Escobedo provided clarification on how the H -2A program works. Heri Chapula also spoke on the confusion surrounding the term "H -2A housing" and emphasized that the issue at hand is essentially "seasonal housing," which can potentially be used for other seasonal housing needs as well aside from agricultural work. Chad Hinkle of Lexar Homes reiterated how well -kept these facilities are and reported that there are mandated annual maintenance inspections. He explained that in some cities when new facilities are proposed to be built, the building permit would go through the state and the permit fees and other expenses would be the responsibility of the grower. Mike Gempler, executive director of the Washington Growers League, clarified that temporary worker housing can be built under the state code or the international building code. He spoke about the apartment -style temporary worker housing development in Cashmere which was built under the international building code. Gempler also expanded on the process of how temporary worker visas are provided. Bill Hordan expressed to the commission that the agricultural industry is looking for direction as to what the city would require from them in order to convert an existing building to temporary worker housing. He mentioned that there needs to be clarification for how this use will be regulated in commercial zones compared to residential zones. Ermelindo Escobedo requested that no new land use category be created in the zoning code, and that these facilities only be required to comply with the building code. Chairwoman Byers announced that his discussion will be continued to the next Planning Commission meeting on February 14th. Calhoun informed the commissioners that staff will begin to draft language for the commission to consider, and will look further into how other communities are regulating this type of housing. Byers also requested that staff clarify at the next meeting what codes are enforced on rural worksites for -2 Doc. INDEX # E -lc 120 constructing temporary worker housing and how that compares to the city's building code requirements. Commissioners commented on the benefit of the extensive oversight imposed on these facilities, and discussed the advantage of being able to use this housing year-round through various growing seasons or for other temporary housing opportunities aside from housing agricultural workers. Mike Gempler clarified that the state department of health inspects and licenses the housing on behalf of the federal government per the temporary worker housing code. He noted that a seasonal worker can only be housed in a temporary worker facility for up to 364 days. Bill Hordan extended an offer to the commission members to take them on a tour of an existing temporary worker housing facility if desired. Additional discussion took place between commissioners and staff on the testimony provided and on the characteristics of H -2A housing compared to other housing types. The commission requested a report back from staff on what the state requirements are for hotels and motels. Other Business Calhoun announced that Councilman Jason White was appointed to serve as the council liaison. Adjourn A motion to adjourn to February 14, 2018 was passed with unanimous vote. This meeting ndjourne :30 Chaim man Byers Date This hies g was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Planning Specialist. 3 - Chapter 70.114A RCW TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION qhaRter Lisking RCW DjsPositions Sections 711,114A.010 70.114A.11211 000114./601140 711.114A.045 7001)4A...050 011.114/6.060 70.114A.065 70.1144.070 061.104'A.081 70.114,6.100 111.114A.110 711.114A.90 lings—Intent. initions. ilication of chapter. ponsibilities of department. ising operation standards—Departments' agreement—Enforcement. ising on rural worksites. iection of housing. )nsing, operation, and inspection—Rules. hnical assistance. iporary worker building code—Rules Guidelines Exceptions—Enforcement-- Variations. 3s—Compliance with federal act. rry harvest temporary labor camps Rule making—Definition—Conditions for occupation—Application. :dive date -1995 c 220. 121 70.114A.010 Findings --Intent. The legislature finds that there is an inadequate supply of temporary and permanent housing for migrant and seasonal workers in this state. The legislature also finds that unclear, complex regulations related to the development, construction, and permitting of worker housing inhibit the development of this much needed housing. The legislature further finds that as a result, many workers are forced to obtain housing that is unsafe and unsanitary. Therefore, it is the intent of the legislature to encourage the development of temporary and permanent housing for workers that is safe and sanitary by: Establishing a clear and concise set of regulations for temporary housing; establishing a streamlined permitting and administrative process that will be locally administered and encourage the development of such housing; and by providing technical assistance to organizations or individuals interested in the development of worker housing. [ 1995 c 220 fi 1.] 70.114A.020 Definitions. The definitions in this section apply throughout this chapter. DOC. INDEX 122 (1) "Agrimiltiiral employee" means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity. (2) "Agricultural employer" means any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not limited to the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities. (3) "Department" means the department of health. (4) "Dwelling unit" means a shelter, budding, or portion of a building, that may include cooking and eating facilities, that is: (a) Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and (b) Physically separated from other sleeping and common -use areas. (5) "Enforcement" and "enforcement actions" include the authority to levy and collect fines. (6) "Facility" means a sleeping place, drinking water, toilet, sewage disposal, food handling installation, or other installations required for compliance with this chapter. (7) "Occupant" means a temporary worker or a person who resides with a temporary worker at the housing site. (8) "Operator" means a person holding legal title to the land on which temporary worker housing is located. However, if the legal title and the right to possession are in different persons, "operator means a person having the lawful control or supervision over the temporary worker housing under a lease or other arrangement. (9) "Temporary worker" means an agricultural employee employed intermittently and not residing year-round at the same site. (10) "Temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy. [ 1999 c 374 § 6; 1995 c 220 70.114A.030 Application of chapter. Chapter 220, Laws of 1995, applies to temporary worker housing that consists of five or more dwelling units, or any combination of dwelling units, dormitories, or spaces that house ten or more occupants. [ 1996 c 22.0 31 DOC. INDEX # E -1-E7 123 70.114A.040 Responsibilities of department. The department is designated the single state agency responsible for encouraging the development of additional temporary worker housing, and shall be responsible for coordinating the activities of the various state and local agencies to assure a seamless, nonduplicative system for the development and operation of temporary worker housing. c 4() 4) 70.114A. Housing operation standards—Departments' agreement—Enforcement. By December 1, 1999, the department and the department of labor and industries shall jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards. The agreement shall, to the extent feasible, provide for inspection and enforcement actions by a single agency, and shall include measures to avoid multiple citations for the same violation. [t999 c 374 70.114A.050 Housing on rural worksites. Temporary worker housing located on a rural worksite, and used for workers employed on the worksite, shall be considered a permitted use at the rural worksite for the purposes of zoning or other land use review processes, subject only to height, setback, and road access requirements of the underlying zone. [ 1996 c 220 j8.] 70.114A.060 Inspection of housing. The secretary of the department or authorized representative may inspect housing covered by chapter 220, Laws of 1995, to enforce temporary worker housing rules adopted by the state board of health prior to July 25, 1999, or the department, or when the secretary or representative has reasonable cause to believe that a violation of temporary worker housing rules adopted by the state board of health prior to July 25, 1999, or the department is occurring or is being maintained. If the buildings or premises are occupied as a residence, a reasonable effort shall be made to obtain permission 124 frr‘rn fh r..eirlant If thc nrtmicQ nr hi iilrlinriis iinnnni inidn raQ^Ilnhio offnit shall ho made to locate the owner or other person having charge or control of the building or premises and request entry. If consent for entry is not obtained, for whatever reason, the secretary or representative shall have recourse to every remedy provided by law to secure entry. 99 70.114A.065 Licensing, operation, and inspection—Rules. The department and the department of labor and industries shall adopt joint rules for the licensing, operation, and inspection of temporary worker housing, and the enforcement thereof. These rules shall establish standards that are as effective as the standards developed under the Washington industrial safety and health act, chapter 49 RCW. [ 1 70.114A.070 Technical assistance. The *department of community, trade, and economic development shall contract with private, nonprofit corporations to provide technical assistance to any private individual or nonprofit organization wishing to construct temporary or permanent worker housing. The assistance may include information on state and local application and approval procedures, information or assistance in applying for federal, state, or local financial assistance, including tax incentives, information on cost-effective housing designs, or any other assistance the *department of community, trade, and economic development may deem helpful in obtaining the active participation of private individuals or groups in constructing or operating temporary or permanent worker housing. NOTES: *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. 70.114A.081 Temporary worker building code—Rules—Guidelines—Exceptions— Enforcement—Variations. (1) The department shall adopt by rule a temporary worker building code in conformance with the temporary worker housing standards developed under the 125 Washington industrial safety and health act, chapter 4'117 RCW, and the following guidelines: (a) The temporary worker building code shall provide construction standards for shelter and associated facilities that are safe, secure, and capable of withstanding the stresses and loads associated with their designated use, and to which they are likely to be subjected by the elements; (b) The temporary worker building code shall permit and facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing; (c) In developing the temporary worker building code the department of health shall consider: (i) The need for dormitory type housing for groups of unrelated individuals; and (ii) The need for housing to accommodate families; (d) The temporary worker building code shall incorporate the opportunity for the use of construction alternatives and the use of new technologies that meet the performance standards required by law; (e) The temporary worker building code shall include standards for heating and insulation appropriate to the type of structure and length and season of occupancy; (f) The temporary worker building code shall include standards for temporary worker housing that are to be used only during periods when no auxiliary heat is required; and (g) The temporary worker building code shall provide that persons operating temporary worker housing consisting of four or fewer dwelling units or combinations of dwelling units, dormitories, or spaces that house nine or fewer occupants may elect to comply with the provisions of the temporary worker building code, and that unless the election is made, such housing is subject to the codes adopted under RCW 19.27,031. (2) In adopting the temporary worker building code, the department shall make exceptions to the codes listed in RCW 19,2T031 and chapter 19.27A RCW, in keeping with the guidelines set forth in this section. The initial temporary worker building code adopted by the department shall be substantially equivalent with the temporary worker building code developed by the state building code council as directed by section 8, chapter 220, Laws of 1995. (3) The temporary worker building code authorized and required by this section shall be enforced by the department. The department shall have the authority to allow minor variations from the temporary worker building code that do not compromise the health or safety of workers. Procedures for requesting variations and guidelines for granting such requests shall be included in the rules adopted under this section. I 1999 c .374 § 3, 1398 c 37 § 70.114A.100 Rules—Compliance with federal act. Any rules adopted under chapter 220, Laws of 1995, pertaining to an employer who is subject to the migrant and seasonal agricultural worker protection act (96 Stat. 2583; DOC. INDEX 126 (1) The department and the department of labor and industries are directed to engage in joint rule making to establish standards for cherry harvest temporary labor camps. These standards may include some variation from standards that are necessary for longer occupancies, provided they are as effective as the standards adopted under the Washington industrial safety and health act, chapter 49,17 RCW. As used in this section "cherry harvest temporary labor camp" means a place where housing and related facilities are provided to agricultural employees by agricultural employers for their use while employed for the harvest of cherries. The housing and facilities may be occupied by agricultural employees for a period not to exceed one week before the commencement through one week following the conclusion of the cherry crop harvest within the state. (2) Facilities licensed under rules adopted under this section may not be used to provide housing for agricultural employees who are nonimmigrant aliens admitted to the United States for agricultural labor or services of a temporary or seasonal nature under section 1101(a)(15)(H)(ii)(a) of the immigration and nationality act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(a)). (3) This section has no application to temporary worker housing constructed in conformance with codes listed in RCW 19.27.031 or 70.114A.081. [ 2002 c 23 1; 1999 c 474 .4] This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 3, 1995]. [ 1995 c 220 §1,1] 1NDE_Xi 29 U.S.C. Sec. 1801 et seq.), must comply with the housing provisions of that federal act. [ 1995 220 §:I Q.] 70.114A.110 Cherry harvest temporary labor camps—Rule making—Definition— Conditions for occupation—Application. 70.114A.901 Effective date -1995 c 220. DOC. 127 Examples of Temporary Worker Housing Facilities in Washington BRENDER CREEK Site: 5693 Sunset Highway, Cashmere Zoning: Multi -Family Description: 200 bed facility for H -2A housing—set up with bunk rooms and common areas Website: http://www.growersleaque.org/brender-creek.html Office and entry gate for the Brender Creek farmworker housing complex Brender Creek Building A & play area 111.P6 NMI 1 111 Alt Bedroom at Brender Creek Brender Creek kitchen Brender Creek dining area Brender Creek restroom 128 LA POSADA EAST Site: 627 W. Lewis St., Pasco Zoning: C-1 (Retail Business District) Description: 34 units Website: http://www.seamar.orq/static pages/laposada.php LA POSADA WEST Site: 725 W. Lewis St., Pasco Zoning: C-1 (Retail Business District) Description: 32 units Website: http://www.seamar.orq/static pages/laposada.php La Posada East (above & below) La Posada West (above & below) Based on a quick review of Pasco's zoning ordinance, the two buildings appear to be operated as hotels because the C-1 zone doesn't allow unclassified uses, which temporary shelters fall under (as Community Service Facilities Level Two). The C-1 zoning district appears similar to Yakima's General Commercial (GC) zoning district. 129 VARNEY COURT Site: 318 W. Pearl St., Pasco Zoning: R-3 (Medium Density Residential) Description: 38 units, 2-4 bedrooms Website: http://beacondevgroup.com/locations/fourth-and-pearl-family-housing/ Varney Court View of room at Varney Court 130 Pasco's zoning ordinance (Title 25) generally separates allowed land uses into three categories: Permitted Uses, Permitted Accessory Uses, and Conditional Uses. Depending on the zoning district, conditional uses may include unclassified uses, which according to § 25.86.020 (4), include Community Service Facilities. § 25.12.156 defines Community Service Facilities Level Two: "include, but are not limited to, drug abuse and alcoholic treatment centers, halfway houses, charitable organizations, non profit service groups, juvenile care and treatment centers, crisis residential centers, correctional work release facilities, correctional institutions, juvenile delinquency homes and facilities, any and all facilities for incarceration or detainment, temporary shelters, emergency housing facilities, community service housing, missions, community kitchens, food banks, and any other similar uses which provide social, health, and welfare service for citizens; except any such use which limits the activity solely to organizational or administrative functions, whereby the actual community service is provided elsewhere, shall be excluded from this definition." Temporary worker housing would likely fall under this definition. Unclassified uses are allowed in the following zoning districts: R -S-20 Suburban District R -S-12 Suburban District R -S-1 Suburban District R-1 Low Density Residential District R -1-A Low Density Residential Alternate District R -1-A2 Low Density Residential Alternate District R-2 Medium Density Residential District R-3 Medium Density Residential District R-4 High Density Residential District "0" Office District C-3 General Business District BP Business Park District (though it also prohibits all residential uses); and 1-1 Light Industrial. While unclassified uses are allowed, Community Service Facilities Level Two are expressly prohibited within the C-2 Central Business District. Distributed at theme Meeting i i' " g �6 MEMORANDUM To: Honorable Mayor and Members of the Yakima City Council From: Ana Cortez, Assistant City Manager Date: May 1, 2018 Subj: H2A HOUSING Summary: Staff is asking Council to approve text amendments to allow temporary worker housing within the City. This request is consistent with the Planning Commission's analysis after three study sessions and one public hearing. The concept of Temporary Worker Housing began with a Hearing Examiner Interpretation (INT#001-17) submitted on behalf of a local property owner, Martha Ramirez. The HE recommended that the Planning Commission further discuss the concept and forward a recommendation to City Council. The text amendments are needed to address: 1- Authorization to allow temporary worker housing within the City. Currently, such uses are allowable in the County. 2- Clarification of definitions for motel/hotel which currently are not included in our ordinance. Even though the use is included in our City ordinance, definitions are excluded. Options: 1. Council may accept the Planning Commission's recommendation and findings to authorize temporary worker housing and adopt the definition for hotel/motel 2. Council may reject some or all of the recommendation with new written findings 3. Council may further evaluate this issue at a Council Committee. Questions Differences between residential density in H2A Housing. The Planning Commission examined density in its review. In fact, Commissioners discussed this topic in- depth at the study sessions and at the public hearing. The existing code for Boardinghouse caps the use at 10 people; staff used this data point to separate uses into two categories: 1. Up to 10 2. 11 and more The main difference between the two categories is level of review. The first category (up -to -10) is generally a lower level of review than 11+. Specifically the review focuses on consistency with Page 11 development standards and neighborhood compatibility. Depending on the zoning district a Type 1, Type 2, or Type 3 review is required. The second category (11+) is a minimum Type 2 review and can require Type 3 review depending on zone; this means that such projects will always require a public notice process when that level of density is proposed. The Type 2 and Type 3 review also look at consistency with development standards and compatibility. The public notice component requires notice to a 300 -ft radius and 20 -day public comment period. The Type 2 is an administrative decision and the Type 3 requires Hearing Examiner review. In either case, the building code ultimately controls the number of people, along with zone -specific development standards (setbacks, lot coverage, etc.) and parking standards. Furthermore, the concept of an infinity number is based on historical practice; the Multi -family Residential use already has this component, and similarly is limited in scope by lot size, building code and development standards. Other Municipalities. As far as other cities' experience with H2A housing, staff was not able to find significant data. The primary way this such housing is developing within cities is as multi -family development — with that use, however, the definition of "Family" controls so each dwelling unit would be limited to no more than 5 unrelated persons. This scenario also doesn't allow for a design which includes sleeping quarters with shared dining/kitchen and bathroom facilities. There are other examples where a hotel was converted and the use remained as a hotel. This method is not desirable in Yakima because then any hotel (i.e. in the CBD) could be converted. To restrict that, TWH was added to the revised Boardinghouse (now Congregant Living Facility) definition and a new definition for Motel/Hotel to provide a clear distinction between the uses and not allow, for example, the Red Lion on Yakima Ave to become TWH. The last 4 pages of the packet show examples in Cashmere and Pasco, which were presented to the PC at their first study session on 1/24. Page 12 Distributed at th Meeting 5 - 1= City of Yakima Title 15 Zoning Ordinance Amendments May 1, 2018 orwsaoV AINIOMML P arinng Land Use Inquiry • Spring 2017: Proposal to convert the use of a building to add temporary worker housing in a dorm style setting — 20 persons • This proposal did not conform to the City Zoning Ordinance (YMC Title 15). The advocate then filed a use interpretation with the Hearing Examiner to get direction on how to proceed. Current Definitions — YMC Ch. 15.02 • "Boardinghouse" means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or semi-permanent basis. • "Dwelling, multiple -family" means a structure or structures, or portion thereof, designed for occupancy by three or more families living independently of each other and containing three or more attached dwelling units on a lot... • "Dwelling unit" means one or more rooms in a dwelling for the occupancy of one family and providing complete and independent living facilities, including permanent provisions for living, sleeping, cooking, eating and sanitation. Hearing Examiner • Hearing Examiner Interpretation — INT#001-17 • Hearing Examiner Authority to interpret and provide a recommendation on unclassified uses — YMC Ch. 15.22, YMC Ch. 1.43 • January 11, 2018 Hearing /January 16, 2018 Decision (page9) • HE determined the proposed use does not meet the current definition of Boardinghouse or Multi -family Residential. • Further the HE determined the use, as proposed, is not consistent with the ordinary accepted meaning of a motel or hotel. • "The Hearing Examiner recommends to the Yakima Planning Division that it recommend adoption of a new use for temporary worker housing...through the legislative process by way of the Planning Commission and City Council..." 7 Member Planning Commission • Study Sessions held on: • January 24, 2018 (page 117) • Topic and HE Recommendation introduced • Review of RCW 70.114A • Review of Pasco and Cashmere • February 14, 2018 (page llo) • Additional RCW Review—Notably the rural construction standards don't apply within city limits • Review of potential zoning district intent statements • Review of initial draft language • February 28, 2018 (page 71) • Review final draft language, zoning district level of review, parking • Public Hearing held on: • March 28, 2018 • 7 Member Planning Commission Recommendation for Approval: (page pp : �p g 18) • Modify definition of "Boardinghouse" to "Congregant Living Facility" which includes Temporary Worker Housing as defined by RCW and WAC • Add definition for "Motel/Hotel" • Add uses to land use Table 4-1 for up - to -10 and 11+ • Add parking standard • Planning Commission Authority to review and recommend text changes to the Zoning Ordinance — YMC Ch. 1.42, YMC Ch. 15.22 and 15.23, RCW 35.63 Track Changes Text YMC 15.02.020 "Congregate Living Facility" means an establishment providing both lodging and meals or the ability for residents of the facility to cook their own meals for persons residing in the facility on a permanent or semi-permanent basis This definition includes facilities commonly known as boardinghouse or dormitories, along with Temporary Worker Housing as defined by RCW 74 114A.Q2QI10) and WAC 246-358-010(26) Maximum occupancy of the facility shall be determined by the Building Official "Motel/Hotel" means a commercial establishment offering transient lodging or lodging and meals to the general public for compensation Accessory uses to Motel/Hotels may include restaurants meeting rooms or recreational facilities YMC 15.04.030, Table 4-1 SR IR -11R -21R -3}13 -11B -21H13 SCC I LCC I AS IGC I CBO I RD IN -11M-21 Congregate Living Facility 3 3 3 3 3 1 2___1 Beardinghouse?Jp to 10 2 1 2 2 Congregate Living Facility 11 YMC 15.06.040. Table 6-1 3 2 3 3 2 2 Land Use Parking Standard Congregate Living Facility 1 space for every 2 beds Facilities designated as Temporary Worker Housing may provide 1 space for every 10 beds Other Cities Pasco: La Posada East and West (Page 128) L,ada East (ab La Posada Weal (above & below) Approved as Motel/Hotel — 34 units (East) 32 units (West) Other Cities — Pasco: Varney Court (Page129) View of room at Varney court Approved as Multi -Family Residential — 38 2 to 4 bedroom units Recommendation and Options • Planning Commission Recommendation — Pass Ordinance as proposed • Council Options: • Pass Ordinance — adopt Planning Commission Findings • Pass Modified Ordinance — with new written findings • Deny Ordinance — with written findings • Remand to Planning Commission with specific instructions • Discuss at Council Committee • Further examine at a Study Session