HomeMy WebLinkAbout01-08-20 YPC Packet111011119 M DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
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PlOTY I° YAKIIMA
anning 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 MEETING
City Hall Council Chambers
Wednesday January 8, 2020
3:00 p.m. - 5:00 p.m.
YPC Members:
Jacob Liddicoat, Al Rose, Bill Cook, Robert McCormick, Leanne Hughes -Mickel, and Philip Ostriem
City Planning Staff:
Joan Davenport (Community Development Director), Rosalinda Ibarra (Community Development
Administrative Assistant), Joseph Calhoun (Planning Manager), Eric Crowell (Associate Planner),
Trevor Martin (Associate Planner), Colleda Monick (Community Development Specialist),
and Lisa Maxey (Planning Technician)
A CFNI) A
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Election of Chair and Vice -Chair of the Yakima Planning Commission
V. Audience Participation (for items not listed on the agenda)
VI. Approval of Meeting Minutes of October 23, 2019 and December 11, 2019
VII. Discussion on Development of a Permitting Process for Temporary Homeless
Encampments Pursuant to RCW 35.21.915
VIII. Other Business
IX. Adj ourn
Next Meeting: January 22, 2020
MIS
094
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anning SIGN-IN SHEET P
City of Yakima Planning Commission
City Hall Council Chambers
Wednesday January 8, 2020
Beginning at 3:00 p.m.
Public Meeting
'PLEASE WRITE LEGIBLY'
City of Yakima Planning Commission (YPC) Meeting Minutes
City Hall Council Chambers
October 23, 2019
Call to Order
Chair Patricia Byers called the meeting to order at approximately 3:00 p.m.
Roll Call
YPC Members Present: Chair Patricia Byers, Vice -Chair Jacob Liddicoat, Al Rose, Robert
McCormick, Leanne Liddicoat
YPC Members Absent: Bill Cook, Philip Ostriem (both excused)
Staff Present: Joseph Calhoun, Planning Manager
Council Liaison: Dulce Gutierrez, District 1 (absent)
Others: Sign -in sheet in file
Staff Announcements — Planning Manager Joseph Calhoun announced that the ordinances are
now effective for the 2019 Comprehensive Plan Amendments and associated Rezones, as well
as the text amendments to Yakima Municipal Code (YMC) Chapter 15.29 Wireless
Communications Facilities. The city's maps have been updated to reflect the future land use
designation and zoning changes.
Calhoun brought it to the Commission's attention that the Commission's regularly scheduled
meetings falling on November 27th and December 25th will be cancelled due to the holidays. He
noted that November 13th and December 11th would be viable dates to meet if there is business
to discuss.
Audience Participation — None noted.
Approval of Meeting Minutes — It was motioned by Commissioner Rose and seconded by
Commissioner McCormick to approve the meeting minutes of October 9, 2019; the motion carried
unanimously.
Public Hearing — 2019 Text Amendments (TXT#001-19 & SEPA#027-19) — Calhoun presented
staff's findings of fact, conclusions, and recommendation regarding changes to YMC Chapter 6.88
Environmental Policy, YMC Title 14 Subdivisions, and YMC Title 15 Urban Area Zoning
Ordinance.
Chelsea Snodgrass, Executive Officer of the Central Washington Home Builders Association
(CWHBA), stated that she met with staff to discuss this proposal and is looking forward to further
addressing the matter of affordable housing with the Planning Commission.
After discussion, the Commission had consensus to make the following changes to the draft text
amendments:
• YMC 15.02.020 — Definition of Short Term Rental: removal of "lodging" from the last
sentence
• YMC 15.09.045(8)(2) — Accessory Dwelling Units requirements: removal of "paved" from
the first sentence
• YMC 15.09.045(8) —Accessory Dwelling Units requirements: adding a new item (14) that
provides language related to an ADU that may be used as a Short Term Rental
• YMC 15.09.045(D) — Accessory Dwelling Units elimination: replacing "storage only" with
"an approved accessory use" in subsection 2.
-1-
• YMC 15.09.080 — Special requirements for short term rentals: retain the word "infringe" in
subsection A
• YMC 15.09.100 — Private street review requirements: replacing "appropriate jurisdiction"
and "respective governing body" with "City of Yakima" in subsections A and D, respectively
Chair Byers reiterated concerns she voiced in previous meetings about overregulating owner -
occupied short-term rentals.
It was motioned by Commissioner Hughes -Mickel and seconded by Commissioner Rose to direct
staff to 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; the motioned carried
unanimously.
Calhoun informed the Commission that City Council is scheduled to set the date on November 51h
for a public hearing on these text amendments on December V
The Commission had consensus to discuss at a future meeting the concept of using cargo
containers for affordable housing, as well as an email received from Ron Pelson of Traditional
Designs Inc. regarding suggested changes to the minimum parking standards.
Calhoun told the Commission that staff will be in touch with the CWHBA to schedule a joint
meeting to further discuss affordable housing.
Other Business — None noted.
Adjourn — A motion to adjourn to November 13, 2019 was passed with unanimous vote. This
meeting adjourned at approximately 3:46 p.m.
Chairwoman Byers
Date
This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Planning Technician.
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City of Yakima Planning Commission (YPC) Meeting Minutes
City Hall Council Chambers
December 11, 2019
Call to Order
Chair Patricia Byers called the meeting to order at approximately 3:00 p.m.
Roll Call
YPC Members Present: Chair Patricia Byers, Al Rose, Robert McCormick
YPC Members Absent: Bill Cook, Leanne Hughes -Mickel, Philip Ostriem (all excused);
Vice -Chair Jacob Liddicoat (unexcused)
Staff Present: Joseph Calhoun, Planning Manager; Sara Watkins, Senior
Assistant City Attorney II; Lisa Maxey, Planning Technician
Council Liaison: Dulce Gutierrez, District 1 (absent)
Others: Sign -in sheet in file
Staff Announcements — Planning Manager Joseph Calhoun announced that on December 3,
2019, City Council adopted the Planning Commission's recommendations regarding proposed
changes to Yakima Municipal Code Title 14, Title 15, and Ch. 6.88, with a revision to add
"Congregate Living Facility" as a Class 3 use in all residential zoning districts for both the "up to
10" and the "11+" categories. The ordinances will be effective January 5, 2020.
Audience Participation — None noted.
Approval of Meeting Minutes — Chair Byers noted that a motion on the meeting minutes of
October 23, 2019, cannot be made since a quorum is not present.
Chair Byers acknowledged that this is her last meeting as a Planning Commission member before
she begins serving on the Yakima City Council. She and Commissioners Rose and McCormick
expressed positive sentiments about her time served on the Commission.
Adjournment — Chair Byers adjourned the meeting at approximately 3:05 p.m. to the next
regularly scheduled meeting on January 8, 2020.
Commission Chair
Date
This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Planning Technician.
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MEMORANDUM
TO: Patricia Byers, Planning Commission Chair
Planning Commission members
FROM: Sara Watkins, Senior Assistant City Attorney
DATE: December 4, 2019
SUBJECT: Temporary Homeless Encampment Regulations
On November 12, 2019, the City Council directed that the Planning Commission evaluate a
permit process for temporary homeless encampments as well as evaluate safe parking lots for
RVs. This memo provides some background information, as well as points for discussion at
the Planning Commission's December 11, 2019, meeting.
1. Background
RCW 35.21.915—Temporary encampments for the homeless—Hosting by religious
organizations authorized—Prohibitions on local actions, states:
(1) A religious organization may host temporary encampments for the homeless on
property owned or controlled by the religious organization whether within buildings
located on the property or elsewhere on the property outside of buildings.
(2) A city or town may not enact an ordinance or regulation or take any other action that:
(a) Imposes conditions other than those necessary to protect public health and
safety and that do not substantially burden the decisions or actions of a religious
organization regarding the location of housing or shelter for homeless persons on
property owned by the religious organization;
(b) Requires a religious organization to obtain insurance pertaining to the liability
of a municipality with respect to homeless persons housed on property owned by a
religious organization or otherwise requires the religious organization to indemnify the
municipality against such liability; or
(c) Imposes permit fees in excess of the actual costs associated with the review
and approval of the required permit applications.
(3) For the purposes of this section, "religious organization" means the federally
protected practice of a recognized religious assembly, school, or institution that owns or
controls real property.
(4) An appointed or elected public official, public employee, or public agency as defined
in RCW 4.24.470 is immune from civil liability for (a) damages arising from the
permitting decisions for a temporary encampment for the homeless as provided in this
section and (b) any conduct or unlawful activity that may occur as a result of the
temporary encampment for the homeless as provided in this section.
Page 1 of 3
In summary, this statute allows for religious organizations to host temporary encampments on
their property, or property that they control. A city cannot take action or pass regulations other
than those that will protect public health and safety. Therefore, there cannot be extensive
zoning regulations or other regulations that do not relate to public health and safety.
Although not specified, it is likely that a religious organization hosting a safe RV parking lot
would also fall under this statute, as encampments can be within buildings or elsewhere on the
property.
Currently, the City is leasing City property to Sunrise Outreach Center of Washington, a
religious organization, for a temporary homeless encampment, but does not allow people to
live in their RVs on that site. Since that is on City property, the City can regulate it through
lease provisions.
However, there are no regulations in the event a religious organization wishes to open a
temporary encampment or RV safe parking lot on its property, or property it leases from
someone other than the City. Those are the situations the Council would like addressed.
2. Examples
Attached are a number of examples of temporary homeless encampment regulations and
permit structures for your review, specifically:
a. Monroe, WA
Monroe provides for general requirements for temporary homeless encampments, as well as a
basic application and review process that addresses public health and safety issues, in its
zoning code. The application is administered by Monroe's zoning administrator (likely similar
to Yakima's Planning Manager or Community Development Director) as a type 1 decision.
b. Mount Vernon, WA
Mount Vernon also provides for similar provisions. The ordinance is also found in the zoning
code. I also include Mount Vernon's application for your review.
c. Olympia, WA
I provide Olympia's prior ordinance (in the zoning code), but note that it has been changed
since the City declared a homeless emergency. However, the original ordinance provides
another example of language for permitting and regulating homeless encampments.
d. Spokane, WA
Spokane regulates homeless encampments not through its zoning code, but in a section
entitled "Regulation of Activities." I provide this as an example of permitting and regulation
language, as well as an example that is not located in the zoning code.
Page 2 of 3
e. Walla Walla
This example is included only to provide you language regarding RV parking. See Section
9.18.070(C).
3. Decision points for the Planning Commission
There may be a number of decision points for you at the meeting on December 11, 2019,
which will help staff move forward to create a temporary encampment ordinance.
a. Should the ordinance be within the zoning code, or in a different section (such
as Title 8 where the right-of-way use permit ordinance is located)?
b. If it remains in the zoning code (and thus the Planning Commission is
required to continue work on the ordinance), what public health and safety
requirements should be included in the ordinance?
c. Further, what should the application and review process look like (knowing
that it must be minimal and only address public health and safety)? Is there
an example provided that you like better than the others?
d. Who should review and approve the applications?
e. How should RV safe lots be addressed—as part of the encampment
regulations and permit process, or separately?
4. Conclusion
Staff is prepared to create an ordinance (or ordinances) for your review at your next Planning
Commission meeting (in January 2020) for review if you decide that this permit process should
be in the zoning code. If you decide that this is better located elsewhere in the code outside of
the zoning provisions, then staff will return to Council with that information and proposed
ordinances for the Council's direct review.
As a reminder, Camp Hope is different than those encampments that are being discussed as it
is located on City property and subject to negotiated provisions in the City lease. These
regulations would apply to religious organizations that are setting up encampments on their
church's property in most cases.
Page 3 of 3
Ch. 22.90 Temporary Encampments I Monroe Municipal Code
Chapter 22.90
TEMPORARY ENCAMPMENTS
Sections:
22.90.010 General provisions.
22.90.020 Application and review process.
22.90.010 General provisions.
The following standards shall apply to all temporary homeless encampments within the city of Monroe:
1 of 5
A. A religious organization may host temporary encampments for the homeless on property owned or controlled
by the religious organization whether within buildings located on the property or elsewhere on the property
outside of buildings. An application for a temporary homeless encampment must include a local religious
institution or other community-based organization as a sponsor or managing agency.
B. The temporary homeless encampment shall be located a minimum of twenty feet from the property line of
abutting properties.
C. Any exterior lighting must be directed downward and contained within the temporary tent encampment.
D. The maximum density of temporary homeless encampments is one occupant per four hundred square feet of
parcel area; provided, that the maximum number of occupants within a temporary homeless encampment does
not exceed one hundred regardless of the size of the parcel.
E. Off-street parking for a minimum of five vehicles shall be provided on site.
F. A transportation plan is required, which shall include provisions for transit services.
G. The managing agency shall ensure compliance with all applicable state laws and regulations, the Monroe
Municipal Code, Fire District 7 directives, and Snohomish health district standards concerning, but not limited to,
drinking water connections, solid waste disposal, human waste, electrical systems, and fire resistant materials.
H. The managing agency shall ensure the temporary homeless encampment's compliance with all applicable
public health regulations, including but not limited to the following:
1. Sanitary portable toilets, which shall be set back at least forty feet from all property lines;
2. Hand washing stations provided near the toilets and food preparation areas;
3. Food preparation or service tents; and
4. Refuse receptacles.
The Monroe Municipal Code is current through Ordinance 014/2019, and legislation passed through June 25, 2019,
Ch. 22.90 Temporary Encampments I Monroe Municipal Code
Page 2 of 5
I. The sponsor and the managing agency shall enforce a city -approved code of conduct for the encampment,
and shall implement all directives from the city and other applicable public agencies within the specified time
period.
J. The sponsor and/or the managing agency shall appoint a member to serve as a point of contact for the
temporary homeless encampment. At least one representative of the sponsor, managing agency and/or an
occupant of the encampment shall be on duty at all times. The names of the on -duty members and their contact
information shall be posted daily at the temporary encampment.
K. Solid waste receptacles shall be provided on site throughout the temporary homeless encampment. A regular
trash patrol in the immediate vicinity of the encampment site shall be provided.
L. The managing agency shall take all reasonable and legal steps to obtain verifiable identification from
prospective encampment occupants and use the identification to obtain sex offender and warrant checks from the
appropriate agency. The sponsor and the managing agency shall keep a log of names and dates of all people who
stay overnight in the temporary homeless encampment.
M. An adequate supply of potable water shall be available on site at the temporary homeless encampment at all
times. Adequate toilet facilities shall be provided on site, as provided by subsection (H) of this section. All
applicable city, county, health department, and state regulations pertaining to drinking water connections and
solid waste disposal shall be met.
N. Periodic inspections of the temporary homeless encampment by public officials from agencies with applicable
regulatory jurisdiction, including without limitation the fire marshal, may be conducted at reasonable times.
O. Open flames are prohibited in a temporary homeless encampment.
P. Temporary homeless encampments shall not cause or permit the intrusion of noise exceeding the thresholds
set forth in WAC 173-60-040.
Q. The temporary homeless encampment shall ensure a minimum separation of six feet between structures,
including tents.
R. An adequate power supply to the temporary homeless encampment is required; provided, that properly
permitted and installed construction site type electrical boxes may be approved by the zoning administrator.
S. If temporary structures other than tents are used for habitation within the encampment, each such structure
shall have a door, at least one egress window, and shall be equipped with a functional smoke detector.
T. Only wired electrical heating is allowed within tents and other temporary structures used for habitation.
U. All tents exceeding three hundred square feet, and all canopies exceeding four hundred square feet, shall be
comprised of flame retardant materials.
V. Reasonable additional conditions of approval may be established as deemed necessary by the zoning
administrator in order to protect the health, safety and welfare of the public and the occupants of the temporary
The Monroe Municipal Code is current through Ordinance 014/2019, and legislation passed through June 25, 2019.
Ch. 22.90 Temporary Encampments I Monroe Municipal Code Page 3 of 5
homeless encampment, as well as ensuring land use compatibility and minimizing potential impacts to
neighboring properties.
W. The city may not grant a permit for a temporary tent encampment at the same location more frequently than
once in every three -hundred -sixty -five-day period.
X. For temporary encampments located on property that is owned or controlled by a religious organization, as
defined in RCW 35A.21m360, conditions of approval shall comply with RCW 35A.21.360 and applicable state and
federal law concerning religious exercise.
Y. Temporary tent encampments may be approved for a period not to exceed ninety days for every three -
hundred -sixty -five-day period. The said permit shall specify a date by which the use shall be terminated and the
site vacated and restored to its pre -encampment condition. (Ord. 014/2019 § 2; Ord. 005/2019 § 10 (Exh. B).
Formerly 22.90.020)
22.90.020 Application and review process.
A. Application. The completed application for a temporary homeless encampment, which shall be signed by the
managing agency or sponsor ("applicant"), shall contain at a minimum contact information for the applicant, and
detailed information regarding the following:
1. How the proposed encampment will meet the requirements set forth in this chapter;
2. Potential adverse effects that the proposed encampment will likely have on neighboring properties and
the community;
3. Measures to mitigate such adverse effects;
4. A proposed written code of conduct for the encampment;
5. Measures to meet the applicable requirements of the International Fire Code; and
6. Certification that the applicant has taken and will take all reasonable and legal steps to obtain verifiable
identification from current and prospective encampment residents and used the identification to obtain sex
offender and warrant checks from appropriate agencies. The form of the notice and the application shall be
provided by the zoning administrator upon request by the applicant.
B. Public Notice.
1. A notice of application for a temporary homeless encampment shall be provided prior to the issuance of
the zoning administrator's decision approving, approving with conditions, or denying the application. The
purpose of the notice is to inform the surrounding community of the application. Due to the administrative
and temporary nature of the permit, there is no comment period. The notice shall contain, at a minimum:
a. The date the application was submitted;
The Monroe Municipal Code is current through Ordinance 014/2019, and legislation passed through June 25, 2019.
Ch. 22.90 Temporary Encampments I Monroe Municipal Code Page 4 of 5
b. The project location;
c. The proposed duration and operation of the encampment;
d. The conditions that will likely be placed on the operation of the encampment;
e. The requirements of the written code of conduct, if applicable;
f. The name and contact information of the applicant; and
g. Directions regarding how to obtain more information regarding the encampment and the applicant.
2. The community development department shall distribute the notice of application as follows:
a. The notice of application, or a summary thereof, will be published in the official newspaper of the city
at least seven calendar days prior to the zoning administrator's decision approving, approving with
conditions, or denying the application.
b. The notice of application, or a summary thereof, will be distributed to owners of all property within
five hundred feet of any boundary of the subject property and residents and tenants adjacent to the
subject property at least fourteen calendar days prior to the zoning administrator's decision approving,
approving with conditions, or denying the application.
C. Community Meeting. A minimum of seven days prior to the issuance of the decision approving, approving with
conditions or denying the application and fourteen calendar days prior to the anticipated start of a temporary
homeless encampment, the applicant shall conduct a public informational meeting by providing mailed notice to
owners of property within five hundred feet of the subject property and residents and tenants adjacent to the
subject property. The purpose of the community meeting is to provide the surrounding community with
information regarding the proposed duration and operation of the encampment, conditions that will likely be
placed on the operation of the encampment, requirements of the written code of conduct, and to answer
questions regarding the encampment.
D. Application Review. The zoning administrator shall issue a decision approving, approving with conditions, or
denying the application on a temporary homeless encampment application within fourteen days of the date that
the application was submitted.
E. Decision. A notice of decision for the temporary encampment, or summary thereof, shall contain the decision
of the zoning administrator approving, approving with conditions, or denying the application, and the appeal
procedure, and be distributed as required for notice of application within four business days after the decision.
F. Appeal. The zoning administrator's decision approving, approving with conditions, or denying the application is
appealable in the same manner as a Type I permit per MMC 22.84.080. (Ord. 014/2019 § 2; Ord. 005/2019 § 10
(Exh. B). Formerly 22.90.040)
The Monroe Municipal Code is current through Ordinance 014/2019, and legislation passed through June 25, 2019.
2.90 Temporary Encampments I Monroe Municipal Code Page 5 of 5
The Monroe Municipal Code is current through Ordinance 014/2019, and legislation passed through June
25, 2019.
Disclaimer: The city clerk's office has the official version of the Monroe Municipal Code. Users should contact the
city clerk's office for ordinances passed subsequent to the ordinance cited above.
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The Monroe Municipal Code is current through Ordinance 014/2019, and legislation passed through June 25, 2019.
TEMPORARY HOMELESS ENCAMPMENTS
IN GENERAL: The City has adopted a chapter to the Mount Vernon Municipal Code (MVMC) named,
Temporary Homeless Encampments, MVMC Chapter 17.210. The purpose of this chapter is to regulate
homeless encampments within the City in compliance with the requirements of RCW 35.21.915.
PROCESS: An application for a temporary homeless encampment permit must be filed at least 30 days
before the date on which the temporary homeless encampment is proposed to move onto a proposed
location; however, the Community & Economic Development (CEDD) Director may agree to a shorter period
in the case of an emergency beyond the control of the encampment host and encampment sponsor.
An application for a temporary homeless encampment permit shall be processed as a Type II Permit subject
to administrative appeal and final administrative decision by the City Hearings Examiner.
In addition to the requirements for a Type II permit under Chapter MVMC 14.05, the following additional
procedures apply:
• Public Meeting Required. The Director shall hold an informational public meeting. The public
meeting shall be held as early in the review process as possible for the application.
• Additional Mailed Notice. The requirements for mailed notice of the application set forth for Type II
Permits under Chapter 14.05 shall be expanded to include owners of real property within 600 feet of
the project site.
• The applicant shall provide notice of the application by posting two Land Use Change signs on the
site or in a location immediately adjacent to the site that provides visibility to motorists using
adjacent streets.
COMPLETE APPLICATION REQUIRED: The City will not accept an application that does not have all of the
required items listed below. To accept your application, each of the numbered items must be submitted at
the some time. However, if you have received a prior written waiver of a submittal item(s), please provide
the signed waiver form in lieu of any submittal item not provided.
APPLICATION REVIEW: Applicants are required to bring one copy of the application package for informal
review by a CEDD staff prior to formal application and fee payment to ensure the application is complete.
This should be done prior to making the requested number of copies. Please call the CEDD to arrange a
convenient time.
Community & Economic Development Department
P.O. Box 809 / 910 Cleveland Ave. — Mount Vernon, WA 98273
(360) 336-6214 — www.mountvernonwa.gov
TEMPORARY 'HOMELESS ENCAMPMENT PERMIT
Site Address:
Parcel Number (if applicable): Lot/Tract Number/Plat name (if applicable):
Flood Zone (if applicable):.
❑ Site Plan(s) (9 copies)
A site plan that includes all of the items listed on the accompanying site
plan requirements list.
1, ___ , declare that I am (please check one) the owner of the
property involved in this application, the authorized representative to act for the property owner (proof of authorization
must be attached), and that the statements and answers herein contained and the infroamtion herewith submitted are in all respects true and correct to the
best of my knowledge and belief.
Applicant Signature:
Community & Economic Development Department
P.O. Box 809 / 910 Cleveland Ave. — Mount Vernon, WA 98273
(360) 336-6214 — www.mountvernonwa.gov
ENCAMPMENT HOST NAME:
ENCAMPMENT MANAGER NAME:
Address:
Address:
City/State:
City/State:
Zip:
Zip:
Phone:
Phone:
Email:
Email:
ENCAMPMENT SPONSOR NAME:
SUBMITTAL ITEMS:
The following items must be submitted to the City with the noted
Address:
number of copies — as applicable:
❑ Application Fees
Application fees must be paid when an application is submitted to the
City/St'aCe:
CEDD. The total fee amount will be determined at the pre -submittal
meeting with a staff planner.
Zip„
Phone:
❑ Project Narrative (9 copies)
A clear and concise description and summary of a proposed project that
Email:
includes all of the items listed on the accompanying project narrative
sheet.
❑ Site Plan(s) (9 copies)
A site plan that includes all of the items listed on the accompanying site
plan requirements list.
1, ___ , declare that I am (please check one) the owner of the
property involved in this application, the authorized representative to act for the property owner (proof of authorization
must be attached), and that the statements and answers herein contained and the infroamtion herewith submitted are in all respects true and correct to the
best of my knowledge and belief.
Applicant Signature:
Community & Economic Development Department
P.O. Box 809 / 910 Cleveland Ave. — Mount Vernon, WA 98273
(360) 336-6214 — www.mountvernonwa.gov
PROJECT NARRATIVE REQUIREMENTS:
1. Describe how and why the property or building is of sufficient size to accommodate the proposed
number of tents and residents and the on-site facilities required.
2. Describe how adequate provisions for drinking water, disposal of human waste, disposal of
garbage and other solid waste, and the provision of other services, including, but not limited to,
the following facilities will be made:
(i) Sanitary portable toilets or other restroom facilities in the number required to meet health
regulations for the residents and staff of the temporary homeless encampment; and
(ii) Hand washing stations by the toilets or restrooms and by food service areas; and
(iii) Refuse receptacles meeting the requirements of the city's solid waste division; and
(iv) A food service tent or other food service building or facility meeting health department
requirements; and
(v) A management tent or other management office or facility providing administrative and
security services and readily identifiable to residents and visitors.
3. Describe how the temporary homeless encampment will meet all setbacks for the zoning district in
which the property is located; provided, that where the temporary homeless encampment abuts
property containing residential uses, the temporary homeless encampment shall be set back 20
feet from the property line or the minimum setback provided in the Mount Vernon Municipal
Code, whichever is greater.
Community & Economic Development Department
P.O. Box 809 / 910 Cleveland Ave, — Mount Vernon, WA 98273
(360) 336-6214 — www.mountvernonwa.gov
4. Describe the location of the six -foot -tall sight obscuring fence to be provided around the perimeter
of the temporary homeless encampment; or describe how/why there is sufficient vegetation,
topographic variation, or other site conditions to provide equivalent screening of the use from
adjacent properties.
5.. Describe how any and all exterior lighting for the temporary homeless encampment will be
directed downward and away from adjacent properties to minimize light impacts.
6. Provide details with regard to the maximum number of residents within the temporary homeless
encampment. Please note that the maximum number shall not exceed 100.
7. Describe where the required parking that complies with MVMC Chapter 17.84 will be located.
Please note that a minimum of five parking spaces are required to be provided.
Community & Economic Development Department
P.O. Box 809 / 910 Cleveland Ave. — Mount Vernon, WA 98273
(360) 336-6214 — www.mountvernonwa.gov
Verify that no children under the age of 18 shall be allowed in the temporary homeless
encampment. Please note that if a child under the age of 18 attempts to reside at the temporary
homeless encampment, the Encampment Sponsor, the Encampment Host, or the Encampment
Manager shall immediately contact Child Protective Services.
9. Verify that no animals will be permitted in the temporary homeless encampment, except for
service animals.
10. Verify that you have attached a code of conduct for the temporary homeless encampment and a
statement describing how the code of conduct will be enforced. The code of conduct shall, at a
minimum, contain the following:
(i) A prohibition on the possession or use of illegal drugs or alcohol.
(ii) A prohibition on the possession of guns, knives with blades in excess of three inches, and
weapons of all kinds.
(iii) A prohibition on violence.
(iv) A prohibition on open flames.
(v) A prohibition on trespassing into private property in the surrounding neighborhood.
(vi) Hours during which quiet is to be observed.
Community & Economic Development Department
P.O. Box 809 / 910 Cleveland Ave. — Mount Vernon, WA 98273
(360) 336-6214 — www.mountvernonwa.gov
11. Provide details with regard to the required transportation plan providing for access to transit.
Please note that all temporary homeless encampments must be located within one-half mile of
transit service. This measurement shall be taken in a straight line from the closest property line
where the temporary homeless encampment is proposed to the existing transit service provided
by Skagit Transit. During hours when public transportation is not available, the Encampment
Sponsor, Encampment Host, or Encampment Manager shall also make transportation available to
anyone who is rejected from or ordered to leave the Temporary Homeless Encampment.
12. Provide details demonstrating how the Temporary Homeless Encampment will comply with all
regulations of Washington State, the City of Mount Vernon, and the Skagit County Public Health
Department. The Temporary Homeless Encampment shall comply with the requirements of the
International Fire Code and Washington Cities Electrical Code as adopted by the city of Mount
Vernon. The Encampment Sponsor and Encampment Host shall permit inspections at all
reasonable times by appropriate public officials from the agencies enforcing these codes for code
compliance.
13. Explain how the Encampment Sponsor will take all reasonable and legal steps to obtain verifiable
identification from prospective residents of the temporary homeless encampments and use the
identification to obtain sex offender and warrant checks from the appropriate agency. Please note
that if the warrant and sex offender check reveals that a prospective resident or existing resident is
a sex offender who is required to register with police or that the prospective resident has an
outstanding warrant, the Encampment Sponsor shall reject the prospective resident or evict the
existing resident.
Community & Economic Development Department
P.O. Box 809 / 910 Cleveland Ave. — Mount Vernon, WA 98273
(360) 336-6214 — www.mountvernonwa.gov
14. Describe how adequate access for fire and emergency medical apparatus shall be provided.
15. Describe how adequate separation between tents and other structures shall be to limit fire
exposure and provide for emergency exiting by residents.
16. Provide details with regard to the timing associated with the temporary homeless encampment.
Please note that these permits may be approved for a time period not to exceed 90 days on any
single property regardless of whether or not an Encampment Manager or Sponsor is different. No
temporary homeless encampment shall be permitted on any single property for more than 90 days
in any calendar year. In addition, minimum of 120 days must lapse before an encampment can be
allowed to locate on a site previously occupied by a temporary homeless encampment.
Community & Economic Development Department
P.O. Box 809 / 910 Cleveland Ave. — Mount Vernon, WA 98273
(360) 336-6214 — www.mountvernonwa.gov
SITE PLAN REQUIREMENTS:
A plan drawn at a scale approved by the Director containing all of the following information:.
1. Scale, north arrow, and legal description
2. Location, identification, and dimensions of all buildings, property lines, setbacks, streets,
adjacent streets, and easements
3. Location and dimensions of existing and proposed structures, parking and loading areas,
driveways, existing on-site trees, existing or proposed fencing or retaining walls,
freestanding signs, easements, refuse and recycling areas, freestanding lighting fixtures,
utility junction boxes, public utility transformers, storage areas, buffer areas, open spaces,
curbs, gutters and sidewalks
4. The location and dimensions of natural features and critical areas along with their buffers;
such as streams, lakes, marshes and wetlands
5. Off-street parking layout and driveways
6. Lighting and sign structures
7. Fire hydrant locations within three hundred feet (300') of building
8. Existing utilities and connection to existing and/or new utilities
9. Identify the location of the six -foot -tall fencing around the perimeter of the encampment —
or show the location of the vegetation, topographic variation, or other site conditions
providing equivalent screening
10. Identify the location and separation requirements for the tents and all other associated
structures
11. Identify the location of sanitary portable toilets or other restroom facilities (as applicable)
12. Identify the location of hand washing stations
13. Identify the location of refuse receptacles
14. Identify the location of a food service tent or other food service building or facility
15. Identify the location of a management tent or other management office(s)
Community & Economic Development Department
P.O. Box 809 / 910 Cleveland Ave. — Mount Vernon, WA 98273
(360) 336-6214 — www.mountvernonwa.gov
Chapter 17.210
TEMPORARY HOMELESS ENCAMPMENTS
Sections:
17.210.010 Purpose.
17.210.015 Definitions.
17.210.020 Application for temporary homeless encampment permit.
17.210.030 Requirements for approval and operation.
17.210.040
Hardship exception.
17.210.050
Decision criteria.
17.210.060
Revocation of permit.
17.210.010 Purpose.
The purpose of this chapter is to regulate homeless encampments within the city of Mount Vernon in
compliance with the requirements of RCW 38,,,21.018. The standards and requirements in this chapter are
the minimum necessary to protect the public health and safety and do not substantially burden the
decisions or actions of religious organizations regarding the location of housing or shelter for homeless
persons on property owned by such religious organizations. (Ord. 3743 § 4, 2018).
17.210.015 Definitions.
The following words used in this chapter are defined as follows:
A. "Director" means the director of the city of Mount Vernon's development services department or
designee.
B. "Encampment host" means a religious organization (including but not limited to an owner, tenant, or
lessee) that has the legal right to occupy the site of a temporary homeless encampment. An "encampment
host" may be the same individual, group, organization, or entity as the encampment sponsor or the
encampment manager of a temporary homeless encampment.
C. "Encampment manager" means an individual, group, organization, or entity that organizes, manages or
operates a temporary homeless encampment. An "encampment manager" may be the same individual,
group, organization, or entity as the encampment host or the encampment sponsor of a temporary
homeless encampment.
D. "Encampment sponsor" means an individual, group, organization, or entity which, in conjunction or by
agreement with the encampment host or encampment manager, provides services or support on an
ongoing basis for the residents of a temporary homeless encampment. An "encampment sponsor" may be
the same individual, group, organization, or entity as the encampment host or the encampment manager
of a temporary homeless encampment.
E. "Temporary homeless encampment" means a temporary encampment for homeless persons on
property owned or controlled by a religious organization, whether within buildings located on the property
or elsewhere on the property outside of buildings. (Ord. 3743 § 4, 2018).
17.210.020 Application for temporary homeless encampment permit.
A. A temporary homeless encampment is an allowed use only on property owned or controlled by a
religious organization that is acting as either the encampment host or the encampment sponsor, or both,
for the temporary homeless encampment.
B. Temporary homeless encampments shall not be permitted within the city except as an accommodation
of religious exercise by an encampment host or encampment sponsor. Each encampment host,
encampment manager and encampment sponsor of a temporary homeless encampment shall jointly apply
for a permit under this chapter, and shall jointly certify compliance with all applicable use requirements and
conditions of this part in the application.
C. An application for a temporary homeless encampment permit shall be submitted to the director or
designee on a form approved by the director. The application shall contain an encampment management
responsibility plan. An application that does not contain an encampment management responsibility plan
shall not be considered complete. The encampment management responsibility plan shall contain, at a
minimum, all of the following information:
1. The name, address, and telephone number of the encampment host, and the telephone number
and email address for a designated representative of the encampment host; and
2. The name, address, and telephone number of the encampment sponsor and encampment
manager, and the telephone number and email address for a designated representative of the
encampment sponsor and encampment manager; and
3. The proposed location of the temporary homeless encampment and information as to whether the
temporary homeless encampment will be located inside a building or outside a building on property
owned or controlled by the encampment host; and
4. The date on which the temporary homeless encampment is proposed to move onto the proposed
location and the date on which the temporary homeless encampment is proposed to vacate the
proposed location; and
5. The maximum number of residents proposed; and
6. A site plan showing the proposed location of the facilities required by MVMC 17.210,030; and
7. A statement demonstrating how the temporary homeless encampment will meet the requirements
of MVMC 17.210.0 ; and
8. A description of the security measures that the encampment host, encampment sponsor and
encampment manager intend to employ at the proposed location, including criteria for rejection as a
resident, a code of conduct, neighborhood security patrols, if any, whether and how they will
implement outstanding warrant or registered sex offender background checks, and whether and how
any temporary homeless encampment residents or prospective residents may be ejected from the
temporary homeless encampment based on the results of such checks; and
9. A transportation plan demonstrating compliance with MVMC 17210.030.
D. The application for a temporary homeless encampment permit must be accompanied by an application
fee set forth in Chapter 14.15 MVMC.
E. An application for a temporary homeless encampment permit must be filed at least 30 days before the
date on which the temporary homeless encampment is proposed to move onto the proposed location;
provided, that the director may agree to a shorter period in the case of an emergency beyond the control
of the encampment host and encampment sponsor.
F. An application for a temporary homeless encampment permit shall be processed as a Type II temporary
homeless encampment permit under Chapter 14.05 MVMC subject to administrative appeal and final
administrative decision by the city hearing examiner.
G. In addition to the requirements for a Type II permit under Chapter 14.05 MVMC, the following additional
and amended procedures apply:
1. Public Meeting Required. The encampment host, manager and sponsor shall hold an informational
public meeting that will be attended by the director. The public meeting shall be held as early in the
review process as possible for the application. Notice of the public meeting shall be mailed to those
property owners identified within subsection (G)(2) of this section. The public meeting notice will be
combined with the notice of application whenever possible. Prior to the public meeting, the
encampment host shall meet and confer with the Mount Vernon police department regarding the
proposed security measures. At the public meeting, a representative of the encampment host shall
present in writing and describe the proposed encampment management responsibility plan, and any
input or comment received on the plan, including any comment or input from the Mount Vernon police
department, or comment or input from schools and/or child care services under subsection (G)(2) of
this section. The public meeting shall be attended by all applicants of the proposed temporary
homeless encampment permit.
2. Additional Mailed Notice. The requirements for mailed notice of the application set forth for Type II
permits under Chapter 14.05 MVMC shall be expanded to include owners of real property within 600
feet of the project site. Prior to the decision of the director on a temporary homeless encampment
permit, the encampment host, encampment sponsor, or encampment manager shall meet and confer
with the administration of any public or private elementary, middle, junior high or high school within
600 feet of the boundaries of the proposed temporary homeless encampment site, and shall meet
and confer with the operators of any known child care service within 600 feet of the boundaries of the
proposed temporary homeless encampment site. The encampment host and the school
administration and/or child care service operator shall make a good faith effort to agree upon any
additional conditions that may be appropriate or necessary to address school and/or child care
concerns regarding the location of a temporary homeless encampment within 600 feet of such a
facility. Any such conditions agreed upon between the parties shall be submitted to the director for
consideration for inclusion within the temporary homeless encampment permit. In the event the
parties fail to agree on any conditions, either party may provide the director with a written summary of
the parties' discussions, which the director may consider in evaluating whether the criteria for the
temporary homeless encampment permit are met, or the need for additional conditions upon the
temporary homeless encampment permit based on the applicable decision criteria.
3. The applicant shall provide notice of the application by posting two land use change signs on the
site or in a location immediately adjacent to the site that provides visibility to motorists using adjacent
streets. The director shall establish standards for timing of installation and removal of the signs and
the public meeting notice.
H. The director shall coordinate review of the temporary homeless encampment permit with appropriate
city staff and with other appropriate public agencies, including, but not limited to, Skagit County public
health department and the Mount Vernon fire department. The director may issue the temporary homeless
encampment permit if the application demonstrates that:
1. All of the requirements of MVMC 17,210.Q3are met; and
2. The temporary homeless encampment will not be materially injurious to the public health, safety,
and welfare or materially injurious to the property or improvements in the immediate vicinity.
I. Decisions of the director granting, granting with conditions, or denying a temporary homeless
encampment permit shall be subject to one open record administrative appeal to the hearing examiner
who shall render a final administrative determination. The hearing examiner's decision shall be subject to
appeal to the Skagit County superior court as provided in Chapter 36.70 RCW. In the event of any conflict
with any other provisions of the Mount Vernon Municipal Code, this provision shall control notwithstanding
MVMC 14.05,.020. (Ord. 3743 § 4, 2018).
17.210.030 Requirements for approval and operation.
A. A temporary homeless encampment must meet all of the following requirements in addition to any other
requirements imposed by this chapter:
1. The property or building must be of sufficient size to accommodate the proposed number of tents
and residents and the on-site facilities required by this section.
2. Adequate provision must be made for the provision of drinking water, disposal of human waste,
disposal of garbage and other solid waste, and the provision of other services, including, but not
limited to, the following facilities:
a. Sanitary portable toilets or other restroom facilities in the number required to meet health
regulations for the residents and staff of the temporary homeless encampment; and
b. Hand washing stations by the toilets or restrooms and by food service areas; and
c. Refuse receptacles meeting the requirements of the city's solid waste division; and
d. A food service tent or other food service building or facility meeting health department
requirements; and
e. A management tent or other management office or facility providing administrative and
security services and readily identifiable to residents and visitors. Through the permit process a
ratio of encampment staff to residents shall be established by the city. This ratio shall ensure the
health and safety of the staff, residents, and surrounding neighbors.
3. Outdoor temporary homeless encampments shall meet all setbacks for the zoning district in which
the property is located; provided, that where the temporary homeless encampment abuts property
containing residential uses, the temporary homeless encampment shall be set back 20 feet from the
property line or the minimum setback provided in the Mount Vernon Municipal Code, whichever is
greater.
4. Outdoor temporary homeless encampments shall have a six -foot -tall sight obscuring fence
provided around the perimeter of the temporary homeless encampment unless the director
determines that there is sufficient vegetation, topographic variation, or other site conditions to provide
equivalent screening of the use from adjacent properties.
5. Any and all exterior lighting for outdoor temporary homeless encampments shall be directed
downward and away from adjacent properties to minimize light impacts.
6. The maximum number of residents within a temporary homeless encampment shall not exceed
100.
7. Parking for at a minimum five vehicles shall be provided and otherwise comply with Chapter 17.84
MVMC.
8. No children under the age of 18 shall be allowed in the temporary homeless encampment. If a
child under the age of 18 attempts to reside at the temporary homeless encampment, the
encampment sponsor, the encampment host, or the encampment manager shall immediately contact
child protective services.
9. No animals shall be permitted in the temporary homeless encampment, except for service animals.
10. The encampment sponsor and/or the encampment host shall submit a code of conduct for the
temporary homeless encampment and a statement describing how the code of conduct will be
enforced. The code of conduct shall, at a minimum, contain the following:
a. A prohibition on the possession or use of illegal drugs or alcohol.
b. A prohibition on the possession of guns, knives with blades in excess of three inches, and
weapons of all kinds.
c. A prohibition on violence.
d. A prohibition on open flames.
e. A prohibition on trespassing into private property in the surrounding neighborhood,.
f. Hours during which quiet is to be observed,
11. A transportation plan must be submitted providing for access to transit. All temporary homeless
encampments must be located within one-half mile of transit service. This measurement shall be
taken in a straight line from the closest property line where the temporary homeless encampment is
proposed to the existing transit service provided by Skagit Transit. During hours when public
transportation is not available, the encampment sponsor, encampment host, or encampment
manager shall also make transportation available to anyone who is rejected from or ordered to leave
the temporary homeless encampment.
12. The temporary homeless encampment must comply with all regulations of Washington State, the
city of Mount Vernon, and the Skagit County public health department. The temporary homeless
encampment shall comply with the requirements of the International Fire Code and Washington
Cities Electrical Code as adopted by the city of Mount Vernon. The encampment sponsor and
encampment host shall permit inspections at all reasonable times by appropriate public officials from
the agencies enforcing these codes for code compliance.
13. The encampment sponsor shall take all reasonable and legal steps to obtain verifiable
identification from prospective residents of the temporary homeless encampments and use the
identification to obtain sex offender and warrant checks from the appropriate agency. If the warrant
and sex offender check reveals that a prospective resident or existing resident is a sex offender who
is required to register with police or that the prospective resident has an outstanding warrant, the
encampment sponsor shall reject the prospective resident or evict the existing resident.
14. Adequate access for fire and emergency medical apparatus shall be provided
15. Adequate separation between tents and other structures shall be to limit fire exposure and
provide for emergency exiting by residents.
16. Temporary homeless encampment permits may be approved only once over a one-year period
for no more than 120 consecutive days. These time limits shall apply to property where a temporary
homeless encampment is permitted regardless of whether or not an encampment manager or
sponsor is different. For example, if a temporary homeless encampment permit was issued on
December 1 st of a given year for a 120 -day period the site upon which the permit was issued could
not host another temporary homeless encampment until December 1st of the following year. (Ord.
3743 § 4, 2018).
17.210.040 Hardship exception.
An encampment host, encampment sponsor, or encampment manager may petition the director for an
exception from any of the specific use requirements of MVMC 17.210.030 or other condition imposed by
the director upon grounds of hardship. In considering whether a hardship exception should be granted, the
director may consider whether the provision or provisions at issue substantially burden the siting or
hosting of a temporary homeless encampment at a particular location or by a particular encampment host,
encampment sponsor, or encampment manager, the effects on health and safety of residents and the
community should the exception be granted, and whether a less restrictive, alternative means to achieve
the health and safety objectives is proposed and/or is reasonably available. (Ord. 3743 § 4, 2018).
17.210.050 Decision criteria.
The director may approve or approve with modifications an application for a temporary encampment
permit if:
A. The temporary homeless encampment complies with the use requirements set out in MVMC
17.210.01,3Q and other applicable requirements of this chapter; and
B. The temporary homeless encampment will not be materially detrimental to the public health, safety or
welfare of the temporary homeless encampment residents or the surrounding community; and
C. The imposition of a condition under which the city reserves the right to impose additional conditions or
to reconsider the temporary homeless encampment permit within a certain time frame from approval date,
based on substantiated complaints filed with the city. (Ord. 3743 § 4, 2018).
17.210.060 Revocation of permit.
The director may revoke a temporary homeless encampment permit for violation of any of the
requirements of this chapter. A decision of the director to revoke a temporary homeless encampment
permit is a Type II decision processed in the same manner as a Type II temporary homeless encampment
permit decision that may be appealed to the hearing examiner for final determination provided in Chapter
14.05 MVMC. The decision of the director to revoke a temporary homeless encampment permit shall be
stayed during any appeal to the hearing examiner, but the stay will be lifted if the hearing examiner
upholds the revocation. Decisions of the hearing examiner on a temporary homeless encampment permit
revocation may be appealed to the Skagit County superior court as provided in Chapter 36.70 RCW. (Ord.
3743 § 4, 2018).
Mobile Version
5/13/2016 Chapter 18.50 HOMELESS ENCAMPMENTS
Chapter 18.50
HOMELESS ENCAMPMENTS
18.50.000 Chapter Contents
Sections:
18.50.010
Homeless Encampment
18 50.020
Host Agency
18.50.030
Sponsoring Agency
18.50.040
Who May Apply
18.50.050
Applicable Procedures
18.50.060
Homeless Encampment - Criteria/Requirements for Approval
(Ord. 6528 §1,
2008).
18.50.010 Homeless Encampment
dvt1 i I /k
"Homeless Encampment" means temporary emergency homeless encampment, hosted by a
religious organization, or County Homeless Encampment which provides temporary housing to
homeless persons.
(Ord. 6771 §3, 2011; Ord. 6528 §1, 2008).
18.50.020 Host Agency
A. Temporary Homeless Encampment. "Host Agency" means the religious organization which
owns the property or has an ownership interest in the property that is the subject of an application
for a Temporary Homeless Encampment Permit for providing basic services and support to
temporary emergency homeless encampment residents, such as hot meals and coordination of other
needed donations and services.
B. �County''om e less Encampment. "Host Agency" means Thurston County, which owns the
proper tat is the subject of an application for a County Homeless Encampment Permit to provide
service to support emergency homeless encampment residents, such as hot meals and coordination
of other needed donations and services.
(Ord. 6771 §3, 2011; Ord. 6528 §1, 2008).
18.50.030 Sponsoring Agency
"Sponsoring Agency" means the Host Agency or another agency that assists the Host Agency and
that joins in an application with a Host Agency for a Temporary or County Homeless Encampment
Permit and assumes responsibility for providing basic services and support to temporary emergency
homeless encampment residents, such as hot meals and coordination of other needed donations and
services.
(Ord. 6771 §3, 2011; Ord. 6528 §1, 2008).
18.50.040 Who May Apply
A. Temporary Homeless Encampment. Temporary homeless encampments shall be permitted only
as an accommodation of religious exercise by a Host Agency and Sponsoring Agency. Each Host
Agency and Sponsoring Agency shall jointly apply for a permit under this Section and shall jointly
certify compliance with all applicable requirements for approval and conditions of this Chapter and
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Chapter 18.50 HOMELESS ENCAMPMENTS
the application.
B. County Homeless Encampment. A County Homeless Encampment shall be permitted only to
Thurston County. A Sponsoring Agency may join the County to apply for a permit under this Section.
Only Thurston County shall certify compliance with all applicable requirements for approval and
conditions of this Chapter and the application.
(Ord. 6771 §3, 2011; Ord. 6528 §1, 2008).
18.50.050 Applicable Procedures
A. Temporary Homeless Encampment. A Temporary Encampment Permit is an administrative
decision. In addition to the requirements for administrative decisions found elsewhere in the Olympia
Municipal Code, the following procedures apply:
1. Advance Notice Required. The Host Agency and Sponsoring Agency shall notify the City of
the proposed homeless encampment a minimum of thirty (30) days in advance of the proposed
date of establishment for the homeless encampment. The advance notification shall be in the
form of an application for a Temporary Encampment Permit and shall contain the following
information:
a. The date the homeless encampment will commence;
b. The length of encampment;
c. The maximum number of residents proposed;
d. The host location;
e. The names of the Host and Sponsoring Agencies; and
f. The manner in which the homeless encampment will comply with the requirements of
this Chapter.
2. Informational Meeting Required. The Host Agency and/or Sponsoring Agency shall conduct
at least one (1) informational meeting within, or as close to, the location where the proposed
homeless encampment will be located, a minimum of two (2) weeks prior to the issuance of
the temporary use permit. The time and location of the meeting shall be agreed upon between
the City and the Host Agency and/or Sponsoring Agency. All property owners within 300 feet of
the proposed homeless encampment shall be notified by mail ten (10) days in advance of the
meeting by the Host Agency and/or Sponsoring Agency. In lieu of notice by mail, an alternative
means of notice may be provided that is reasonably calculated to notify the neighboring
property owners within 300 feet of the proposed encampment.
3. Signs Required. The applicant shall also provide notice of the application within the same
timeframe identified above by posting two signs or placards on the site or in a location
immediately adjacent to the site that provides visibility of the signs to motorists using adjacent
streets. The Director of Community Planning and Development or their designee shall establish
standards for size, color, layout, design, working, placement, and timing of installation and
removal of the signs or placards.
B. County Homeless Encampment. A County Homeless Encampment requires a Conditional Use
Permit subject to OMC 18.82. In addition to the requirements for Conditional Use Permits found
elsewhere in the Olympia Municipal Code, the following procedures apply:
1. Application. Thurston County shall submit an application for a County Homeless
Encampment Permit that contains the following information:
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The date the homeless encampment is proposed to commence;
b. The maximum number of residents proposed;
c. The names of any Host or Sponsoring Agencies;
d. The manner in which the homeless encampment will comply with the requirements of
this Chapter;
A Site Plan drawn to scale.
2. Informational Meeting Required. Thurston County shall conduct at least one (1)
informational meeting within a minimum of thirty (30) days of application of the homeless
encampment permit. The time and location of the meeting shall be agreed upon between the
City and the County. All property owners, residents and business owners within 300 feet of the
proposed homeless encampment shall be notified by mail at least ten (10) business days in
advance of the meeting. In lieu of notice by mail, an alternative means of notice may be
provided that is reasonably calculated to notify the neighboring property owners, residents and
business owners within 300 feet of the proposed encampment.
3. Signs Required. Thurston County shall also provide notice of the application within the
same time frame identified above by posting two public notice signs in locations determined by
the Director that provide visibility of the signs to motorists using adjacent streets. The Director
of Community Planning and Development or their designee shall provide the Public Notice signs.
(Ord. 6771 §3, 2011; Ord. 6528 §1, 2008).
18.50.060 Homeless Encampment - Criteria/Requirements for Approval
The Director of the Community Planning and Development Department or their designee may issue a
temporary and revocable permit for a homeless encampment subject to the following criteria and
requirements.
A. Site Criteria.
1. Temporary Homeless Encampment
a. If the Sponsoring Agency is not the Host Agency of the site, the Sponsoring Agency
shall submit a written agreement from the Host Agency allowing the homeless
encampment and clarifying the obligations of the Sponsoring Agency.
b. The property must be sufficient in size to accommodate the tents and necessary on-
site facilities, including, but not limited to the following:
Sanitary portable toilets in the number required to meet capacity guidelines;
Hand washing stations by the toilets and by the food areas;
iii. Refuse receptacles; and
iv. Food tent and security tent.
c. The Host and Sponsoring Agencies shall provide an adequate water source to the
homeless encampment, as approved by the City.
d. No homeless encampment shall be located within a Sensitive/Critical Area or its buffer
as defined under Chapter 18.32 of the Olympia Municipal Code.
e. No permanent structures will be constructed for the homeless encampment.
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f. No more than 40 residents shall be allowed at any one encampment. The City may
further limit the number of residents as site conditions dictate.
g. Adequate on-site parking shall be provided for the homeless encampment. No off-site
parking will be allowed. The number of vehicles used by homeless encampment residents
shall be provided in the permit application. If the homeless encampment is located on a
site that has another preexisting use, it shall be shown that the homeless encampment
parking will not create a shortage of on-site parking for the other use/s on the property.
h. The homeless encampment shall be located within a quarter (1/4) mile of a bus stop
with seven (7) days per week service, whenever possible. If not located within a quarter
mile of a bus stop, the Host or Sponsoring Agency must demonstrate the ability for
residents to obtain access to the nearest public transportation stop (such as carpools or
shuttle buses).
i. The homeless encampment shall be adequately buffered and screened from adjacent
right-of-way and residential properties. Screening shall be a minimum height of six (6) feet
and may include, but is not limited to, a combination of fencing, landscaping, or the
placement of the homeless encampment behind buildings. The type of screening shall be
approved by the City.
j. All sanitary portable toilets shall be screened from adjacent properties and rights-of-
way. The type of screening shall be approved by the City and may include, but is not
limited to, a combination of fencing and/or landscaping.
2. County Homeless Encampment
a. The property must be owned by Thurston County and located in a Light-
Industrial/Commercial (LI/C) zoning district. The property shall not be located adjacent to
residentially zoned property, and the Conditional Use Permit shall not allow more than 30
tents or cottage structures. The necessary on-site shared community facilities shall include
but not be limited to the following:
i. Adequate water source and sanitary restrooms in the number required to meet
capacity guidelines;
ii. Hand washing stations by the restrooms and by the food preparation areas;
iii. Refuse receptacles; and
iv. Community Building(s) providing kitchen, dining, shower, laundry, offices for
management and security.
b. If proposed, any recreational areas, garden areas or other on-site provisions should
be designed as shared community facilities.
c. At least six (6) on-site vehicular parking stalls and a covered bike shelter shall be
provided for the County homeless encampment.
d. The homeless encampment shall be located within a quarter (1/4) mile of a bus stop
or have public bus services provided.
e. The homeless encampment shall be adequately buffered and screened from adjacent
right-of-way and surrounding properties. Screening shall be a fence with a minimum height
of six (6) feet and may include landscaping.
B. Security,
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Temporary Homeless Encampment
a. An operations and security plan for the homeless encampment shall be submitted to
the City at the time of application.
b. The Host Agency shall provide to all residents of the homeless encampment a Code of
Conduct for living at the homeless encampment. A copy of the Code of Conduct shall be
submitted to the City at the time of application and shall be in substantially the following
form or address the following issues:
Possession or use of illegal drugs is not permitted.
ii. No alcohol is permitted.
iii. No weapons are permitted.
iv. All knives over three and one-half (3-1/2) inches must be turned into the Host or
Sponsoring Agency's on-site Encampment Manager for safekeeping.
v. No violence is permitted.
vi. No open flames are permitted without pre -approval by the Department of
Community Planning and Development.
vii. No trespassing into private property in the surrounding neighborhood is
permitted.
viii. No loitering in the surrounding neighborhood is permitted.
ix. No littering on the Temporary Encampment site or in the surrounding
neighborhood is permitted.
Nothing in this Section shall prohibit the Host Agency, Sponsoring Agency or Encampment
Manager from imposing and enforcing additional Code of Conduct conditions not otherwise
inconsistent with this Section.
c. All homeless encampment residents must sign an agreement to abide by the Code of
Conduct and failure to do so shall result in the noncompliant resident's immediate
expulsion from the property.
d. The Host or Sponsoring Agency shall keep a log of all people who stay overnight in the
encampment, including names and birth dates, and dates of stay. Logs shall be kept a
minimum of six (6) months.
e. The Host or Sponsoring Agency shall take all reasonable and legal steps to obtain
verifiable ID, such as a driver's license, government -issued identification card, military
identification, or passport from prospective and existing encampment residents.
f. The Host or Sponsoring Agency will use identification to obtain sex offender and
warrant checks from the Washington State Patrol, the Thurston County Sheriff's Office or
relevant local police department.
i. If said warrant and sex offender checks reveal either (1) an existing or
outstanding warrant from any jurisdiction in the United States for the arrest of the
individual who is the subject of the check; or (2) the subject of the check is a sex
offender, required to register with the County Sheriff or their county of residence
pursuant to RCW 9A,44.130 §, then the Host or Sponsoring Agency will reject the
subject of the check for residency to the homeless encampment or eject the subject of
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Chapter 18.50 HOMELESS ENCAMPMENTS
the check if that person is already a homeless encampment resident.
ii. The Host or Sponsoring Agency shall immediately contact the police department if
the reason for rejection or ejection of an individual from the homeless encampment is
an active warrant. In other cases of rejection or ejection, the designated
representative of the Host or Sponsoring Agency shall immediately provide the facts
leading to such action to the Olympia Police Department and the Thurston County
Sheriff's Office.
g. The Host or Sponsoring Agency shall self -manage its residents and prohibit alcohol,
drugs, weapons, fighting, and abuse of any kind, littering, or disturbing the neighbors while
located on the property.
h. The Host or Sponsoring Agency will appoint a designated representative to serve "on -
duty" as an Encampment Manager at all times to serve as a point of contact for the Police
Department and will orient the Police as to how the security tent operates. The name of
the on -duty designated representative will be posted daily in the security tent. The City
shall provide contact numbers of non -emergency personnel which shall be posted at the
security tent.
2. County Homeless Encampment. An operations and security plan for the homeless
encampment shall be established and enforced by Thurston County. The operations plan shall
provide for ensuring that potential residents are provided notice that the homeless encampment
is within a property zoned light industrial.
C. Timing.
1. Temporary Homeless Encampment
a. The duration of the temporary homeless encampment shall not exceed one hundred
eighty (180) days.
b. No additional temporary homeless encampments may be allowed on the same parcel
of property in any 12 -month period beginning on the date the homeless encampment
locates on a parcel of property.
c. No more than one (1) temporary homeless encampment may be located in the City at
any time.
2. County Homeless Encampment. No more than one County homeless encampment may be
located in the City at any time.
D. Health and Safety.
1. Temporary Homeless Encampment. The homeless encampment shall conform to the
following fire requirements:
a. There shall be no open fires for cooking without pre -approval by the Fire Department
and no open fires for heating;
b. No heating appliances within the individual tents are allowed without pre -approval by
the Olympia Fire Department;
c. No cooking appliances other than microwave appliances are allowed in individual
tents;
An adequate number, with appropriate rating, of fire extinguishers shall be provided
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Chapter 18.50 HOMELESS ENCAMPMENTS
as approved by the Fire Department;
e. Adequate access for fire and emergency medical apparatus shall be provided. This
shall be determined by the Fire Department;
f. Adequate separation between tents and other structures shall be maintained as
determined by the Fire Department; and
g. Electrical service shall be in accordance with recognized and accepted practice.
Electrical cords are not to be strung together and any cords used must be approved for
exterior use.
2. County Homeless Encampment. The County homeless encampment shall conform to the
City engineering, building and fire codes.
3. The Host Agency and Sponsoring Agency shall permit inspections by City staff and the
Thurston County Health Department at reasonable times without prior notice of compliance
with the conditions of the Temporary and County Homeless Encampment Permit.
E. Director's Decision..
Temporary Homeless Encampment
a. Purpose. The Director shall review the proposal to ensure compliance with the
provisions of this chapter and all other applicable law, to ensure that the health, safety and
welfare of the citizens of the City is preserved, and to provide an expedient and reasonable
land use review process for decisions and interpretations of this chapter.
b. Director Authority. The Director may modify the submittal requirements as deemed
appropriate.
c. Notice of Decision. The Director shall notify the Sponsoring and Host Agencies of his
or her decision to approve, modify or deny the application within a timely manner, but not
prior to 14 days after the neighborhood informational meeting. This Decision is a final
decision of the City. Appeals of decisions to approve or deny a Temporary Encampment
Permit shall be to Thurston County Superior Court.
2. County Homeless Encampment
a. Purpose. The Director shall review the proposal and make a recommendation to the
Hearing Examiner regarding compliance with applicable law.
b. Hearing Examiner Authority. The Hearing Examiner may issue a County Homeless
Encampment Permit pursuant to Hearing Examiner Chapter 18.82. The Director will
forward the application and a recommendation to the Hearing Examiner subject to the
provisions of this Chapter 1.8.50, the "Conditional Uses Chapter 18.48" and Hearing
Examiner Chapter 18.82.
c. Notice of Decision. The Director shall provide notice of the Olympia Hearing Examiner
Decision pursuant to OMC 18.60. The Decision is a final decision of the City. Appeals of
decisions to approve or deny a County Homeless Encampment Permit shall be to Thurston
County Superior Court.
F. Temporary Homeless Encampment Permit Termination. If the Host Agency or Sponsoring
Agency fails to take action against a resident who violates the terms and conditions of this permit, it
may result in immediate termination of the permit. If the City learns of uncontrolled violence or acts
of violence by residents of the encampment and the Host Agency or Sponsoring Agency has not
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Chapter 18.50 HOMELESS ENCAMPMENTS
,.Aately addressed the situation, the temporary use permit may be immediately terminated.
G. Temporary Homeless Encampment Permit Revocation. Upon determination that there has been
a violation of any approval criteria or condition of application, the Director of Community Planning
and Development or their designee may give written notice to the permit holder describing the
alleged violation. Within 14 days of the mailing of notice of violation, the permit holder shall show
cause why the permit should not be revoked. At the end of the 14 -day period, the Director of
Community Planning and Development or their designee shall sustain or revoke the permit. When a
Temporary Homeless Encampment Permit is revoked, the Director of Community Planning and
Development or their designee shall notify the permit holder by certified mail of the revocation and
the findings upon which revocation is based. Appeals of decisions to revoke a Temporary
Encampment permit shall be to Thurston County Superior Court.
(Ord. 6771 §3, 2011; Ord. 6763 § 1, 2011; Ord. 6528 §1, 2008).
The Olympia Municipal Code is current through Ordinance 7008,
passed April 19, 2016.
Disclaimer: The City Clerk's Office has the official version of the
Olympia Municipal Code. Users should contact the City Clerk's Office for
ordinances passed subsequent to the ordinance cited above.
Olympia's Codification Process (http://olympiawa.gov/city-
government/codes-pl ans-a nd-sta ndards/munici pal-code.aspx)
Municipal Code contact information:
Email: adminservices@ci.olympia.wa.us
(mai Ito: adminservices@ci.olympia.wa.us)
Telephone: (360) 753-8325
City Website: http://olympiawa.gov
(http://olympiawa.gov)
Code Publishing Company
(http://www.codepublishing.com/)
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Spokane
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Municipal ?
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Search
apter 10.08C
Highlight Word J
Sections 10,080,020,,..
Title 10 Regulation of Activities i N 0 T ?-- o N I N G c) P D l N A N G E
Chapter 10.08C Homeless Encampments
Section 10.08C.020 Findings
A. Persons constructing or occupying homeless encampments on private property
present a safety hazard, and create significant negative impacts on the environment,
public health, and public safety.
B. Safety hazards include the use of open flames/fires without proper containment
and/or the availability of fire suppression apparatus and obstructions and/or
impediments to access by fire apparatus and emergency medical equipment.
C. Environmental impacts include contamination from improper disposal of solid waste,
detergents and fuels and particulate and chemical pollution of the air from open fires
and use of improper fuels.
D. Public health impacts include a lack of proper sanitary facilities creating a situation
where individuals have commonly and openly urinated and defecated and a lack of
solid waste disposal facilities causing the accumulation of human waste, litter,
garbage, and other debris.
E. Community impacts include public safety associated with a congregation of large
numbers of people cohabitating within close proximity to each other without proper
living quarters which interferes with the design and intended use of the property.
F. Homeless encampments are not considered to be viable long-term solutions to the
issue of homelessness.
Date Passed: Monday, October 20, 2008
Effective Date: Sunday, November 30, 2008
ORD C34313 Section 1
Section 10.08C.040 Purpose
A. It is the purpose of this chapter to prevent the following harms associated with
people constructing or occupying homeless encampments on private property:
1. Safety hazards to persons and/or property occasioned by use of open
flames/fires without proper containment and/or fire suppression apparatus
and/or obstructions and/or impediments to fire apparatus and emergency
medical equipment.
2. Negative environmental impacts occasioned by contamination from improper
disposal of solid waste, detergents and fuels and/or particulate and chemical
pollution of the air from open fires and use of improper fuels.
B. Negative public health impacts occasioned by a lack of proper sanitary facilities
creating a situation where individuals have commonly and openly urinated and
defecated and lack of solid waste disposal facilities causing the accumulation of
litter, garbage, and other debris; and
C. Negative impacts in the community occasioned by nuisance activities that affect the
health and well being of a neighborhood.
Date Passed: Monday, October 20, 2008
Effective Date: Sunday, November 30, 2008
ORD C34313 Section 1
Section 10.08C.060 Definitions
The following definitions are applicable in this chapter unless the context otherwise
requires:
A. "Code of conduct" means a written set of rules that every resident of the homeless
encampment must abide by. The code of conduct outlines the rules of behavior
including decency, use of alcohol and drugs, reporting violations, and the penalties
for failure to comply with the code of conduct.
B. "Constructing or occupying homeless encampments" means to pitch, construct,
erect, build, create, use, or occupy transient shelters, as evidenced by the use of
transient shelter paraphernalia.
C. "Executive committee" means the persons appointed by the sponsoring agency to
serve as a point of contact for the City of Spokane police department regarding
security operations of the homeless encampment.
D. "Homeless encampment" is a homeless encampment hosted by an organization
which provides temporary housing on private property to homeless persons.
Homeless encampments include, but are not limited to, tents, huts, or temporary
shelters of any kind.
E. "Homeless encampment paraphernalia" includes, but is not limited to:
tarpaulins, canvas, cardboard, corrugated tin, or other materials that are
commonly used to construct transient shelters; or
2. campers, trailers, recreational vehicles, or similar vehicles used for habitation
or sleeping; or
3. cots, beds, mattresses, hammocks; or
4. non -City -designated cooking facilities and similar equipment; or
5. sanitary facilities for storage or disposal of human or solid waste.
F. "Host agency" is the owner of the property that joins a sponsoring agency in an
application for a permit for providing basic services and support to homeless
encampment residents such as hot meals coordination or other needed donations
and services, etc.
G. "On-site manager" is the person present appointed by the sponsoring agency to be
present at the homeless encampment and is responsible for enforcing the code of
conduct, the operation and safety plan, and acts as a local contact for City, County
and regional agencies.
H. "Operation and safety plan" means a document which outlines the safety procedures
and protocol for the safety and welfare of the residents and volunteers of the
homeless encampment. The operation and safety plan makes provisions for
management, security, enforcement, evacuation, accessibility, fire prevention, and
other standards appropriate for health, welfare, and safety.
I. "Resident" means a person that is staying overnight in the homeless encampment.
J. "School" for purposes of administering this ordinance is any program that offers
instruction in kindergarten through twelfth grade. This definition includes both public
and private schools.
K. "Sponsoring agency" is an organization with a City or State business license that
joins in an application with a host agency for a permit and assumes responsibility for
providing basic services and support to homeless encampment residents such as
hot meals coordination or other needed donations, services, etc.
L. "Temporary structure" see "Temporary Structure" under SMC 17A.020.200.
Date Passed: Monday, October 20, 2008
Effective Date: Sunday, November 30, 2008
ORD C34313 Section 1
Section 10.08C.080 Administration
A. Permit Authority.
1. The director of neighborhood services and code enforcement, or the director's
designee, is authorized to permit persons to construct or occupy a homeless
encampment on private property.
2. The director of neighborhood services and code enforcement, or the director's
designee, is authorized to revoke any permit that has been issued if the
director finds lack of compliance with any requirement under SMC 10.08C.1 2C
or SMC 10.08C.140, or of any rule or regulation promulgated under this
section, or of any ordinance or statue.
B. Rules and Procedures.
The director of neighborhood services and code enforcement, or the director's
designee, is authorized to promulgate other rules and regulations regarding the
implementation of this chapter.
C. Enforcement.
The chief of the police department, or the chief's designee, is responsible for
enforcement of this chapter and is authorized to issue the penalties identified under
SMC 10.08C.160.
Date Passed: Monday, October 20, 2008
Effective Date: Sunday, November 30, 2008
ORD C34313 Section 1
Section 10.08C.100 Application Process
A. Community Meeting.
The sponsoring agency shall conduct at least one public informational meeting
within or as close to the neighborhood where the proposed homeless
encampment will be located a minimum of two weeks prior to the submittal of
the permit application.
2. The time and location of the meeting shall be agreed upon between the City
and sponsoring agency.
3. All property owners and residents within one thousand feet of the proposed
homeless encampment shall be notified at least fourteen days in advance of
the meeting by the sponsoring agency. Proof of mailing shall be provided to
the neighborhood services and code enforcement director.
B. Submission Deadline.
Applications for a permit for a homeless encampment shall be submitted thirty days
prior to the proposed date for establishment of the camp.
C. Application Requirements.
The application shall consist of:
1. the dates of the start and termination of the homeless encampment;
2. the length of the encampment;
3. the maximum number of residents proposed;
4. the host location;
5. hold harmless agreement for the host and sponsoring agencies to indemnify
the City of Spokane for all damages that may result from the operation of the
homeless encampment by such permit grantee and shall pay all damages for
which the permit grantee or the City of Spokane shall be held liable as the
result of injuries suffered by any person, association or corporation by reason
of the operation of the homeless encampment provided that in case any claim
is filed with the City of Spokane or any suit or action is instituted against the
City by reason of any such damage or injury, the city council shall promptly
cause written notice thereof to be given to the grantee and the grantee shall
have the right to defend any such suit or action.
D. Application Timeline.
Upon receipt of an application for a permit under this chapter, the director of
neighborhood services and code enforcement, or the director's designee, shall
review the application and make a determination as to whether or not the application
should be granted or denied within twenty-one days after the filing of the application.
E. Decision Criteria.
The director of neighborhood services and code enforcement, or the director's
designee, may approve a permit provided under this section when, from a
consideration of the application and from such other information as may otherwise
be obtained, the director finds that the:
1. application complies with the site criteria under SMC 10.08C.120 for homeless
encampments on private property;
2. application complies with the requirements of chapter 10.08C SMC for
homeless encampments on private property; and
3. habitation of the homeless encampment will not unreasonably disturb or
interfere with the safety, peace, comfort, and repose of the residents of the
adjacent property.
F. Appeal.
Any sponsoring agency or host agency that is denied a permit, or had its permit
revoked, may appeal the denial/revocation to the hearing examiner. Notice of the
appeal must be in writing and filed with the office of the hearing examiner within five
days from the date of the denial/revocation. Appeals shall be conducted consistent
with chapter 17G.050 SMC.
Date Passed: Monday, October 20, 2008
Effective Date: Sunday, November 30, 2008
ORD C34313 Section 1
Section 10.08C.120 Requirements
A homeless encampments permit is limited as follows:
A. No more than one hundred residents shall be allowed. The City may further limit the
number of residents as site conditions dictate.
B. A homeless encampment is not allowed within seven hundred fifty feet of a library,
park, daycare center, or another homeless encampment. Homeless encampments
must be seven hundred fifty feet from a school unless the host agency is a religious
institution (such as a church, temple, mosque, or other similar institution) and
operates a school. If the religious institution operates a school within seven hundred
fifty feet of the homeless encampment or has a school on it grounds, then both the
school and the religious institution must apply as a joint host agency. In this case,
the head of the church and the school principal must both sign the application.
C. The maximum continuous duration of a homeless encampment shall be ninety days.
The Citywide total maximum number of days that homeless encampments may
operate in the City shall not exceed one hundred eighty days in any twenty-four
month period. For example, two homeless encampments each operating for ninety
days maximum, for a total of one hundred eighty days may be allowed in a twenty-
four month period. No more than one homeless encampment may be located in the
City at any time. A one time extension of up to an additional forty days may be
granted by the director of neighborhood services and code enforcement. The
extension does not count in the maximums identified above. The extension may be
granted during the last thirty days of the original permit and if the camp has had no
violations of the provisions of this ordinance during its occupation. Extensions shall
be granted in order to allow the sponsoring agencies who have demonstrated the
need for additional time to assist in relocating the residents. No new residents shall
be accepted into the homeless encampment during the extension period.
D. In the duration of the homeless encampment, the sponsoring agency will work with
other social service and non-profit agencies to place the residents of the camp in
appropriate housing.
E. To protect all residents age sixteen and under and their families or legal guardians, a
separate area shall be set aside within the camp for their safety. This area shall be
designed to prevent casual admittance by other camp visitors and residents. The
sponsoring agency is required to immediately notify social service and non-profit
agencies when such residents, families, and legal guardians reside in the camp.
F. The sponsoring and host agencies shall permit inspections by City, county, and
regional agencies without prior notice for compliance with the conditions of this
permit.
G. The homeless encampment shall be within a one-quarter mile of a bus stop with
service seven days per week whenever possible. If not located within a one-quarter
mile of a bus stop the sponsoring agency must demonstrate the ability for residents
to obtain access to the nearest public transportation stop such as carpools or shuttle
buses.
H. The property must be sufficient in size to accommodate tents and necessary on site
facilities including but not limited to the following:
1. One sanitary portable toilet per twenty persons on-site.
2. One hand washing station by the toilets and an additional hand washing
station by the food preparation area.
3. Food tent and security tent; and
4. One shower stand per twenty persons people on-site.
I. The host and sponsoring agencies shall provide an adequate water source to the
homeless encampment as determined by the Spokane regional health department.
J. No homeless encampment shall be located within a shoreline boundary, critical
area, or its buffer as defined under Title 17E SMC.
K. Parking.
1. A minimum of two off-street parking stalls is required for the homeless
encampment application. In addition, provisions shall be made for additional
off-street parking at the rate of one off-street parking stall for each resident
who has a vehicle.
2. Parking stalls shall be in accordance with the dimension requirements of Table
17C.230-3.
3. Parking is not allowed in the front lot line setback area.
4. No off-site parking will be allowed.
5. If the homeless encampment is located on site with another use it shall be
demonstrated that the homeless encampment parking will not create a
shortage of required on-site parking for the other uses on the property.
L. Enclosure.
The homeless encampment shall be enclosed on all sides with a minimum of six-
foot non -sight obscuring fence. At a minimum the fence material shall be of
galvanized chain link. The use of building walls may be substituted for portions of
the required enclosure.
M. Screening.
1. All sanitary portable toilets shall be screened from adjacent properties and
rights-of-way.
2. Screening shall be a minimum height of six feet and may include but is not
limited to a combination of fencing, landscaping or the placement of the
sanitary portable toilets behind buildings.
N. Provide for fire safety including:
1. adequate number of appropriately rated fire extinguishers, including one
extinguisher within seventy-five feet of travel distance to every tent, as
approved by the fire department;
2. adequate access for fire and emergency medical apparatus, including a
minimum of one access point for up to forty-nine residents and visitors and two
access points for fifty or more residents and visitors, as determined by the fire
department; and
3. provide for refuse containers and removal from the City of Spokane solid
waste management department during the homeless encampment and
following the close of the camp in accordance with SMC 13.02.0224. The
sponsoring agency must complete clean up of the homeless encampment
within seven calendar days of the encampment termination.
O. No permanent structures will be constructed for the homeless encampment.
P. Develop and enforce an operations and security plan which is approved by the City
of Spokane police department including:
1. maintain an onsite manager with a contact phone number to ensure the safety
of temporary residents and visitors;
2. select an executive committee responsible for security and communication
with City of Spokane police department;
3. evacuation plan for emergency(s);
4. access plan for the site with controlled access points by the executive
committee;
5. fire suppression and prevention plan;
6. keep a daily log as part of the operations and security plan of all people
including visitors, staff, and people that reside overnight in the encampment
including names and birthdates. Identification must be verified by viewing a
photo identification card verifiable by the issuer;
7. monitor and prohibit sex offenders from entrance to the encampment;
8. prohibit the use and possession of alcohol, drugs, and weapons on-site;
9. expel any person(s) for disorderly conduct, noise violations, lewd conduct, and
any violations of law; and
10. trespass any person(s) who violate the law.
Q. Develop and enforce a code of conduct for living in the homeless encampment
which is approved by police department.
1. Expel any persons from the camp that have not signed an agreement to abide
by the code of conduct; and
2. Expel and trespass any persons from the camp that do not abide by the code
of conduct.
3. Animals must be on leashes or secured at all times. Animals which are
involved in fighting or disturb neighboring properties by barking are not allowed
and are required to be expelled.
Date Passed: Monday, October 20, 2008
Effective Date: Sunday, November 30, 2008
ORD C34313 Section 1
Section 10.08C.140 Violations
A. No person may knowingly establish, operate, or maintain a homeless encampment
without first obtaining a permit under SMC 10.08C.100.
1. The encampment shall be accessible at all times for police and emergency
services.
2. The encampment shall be accessible at all times for inspection by City,
County, and regional agencies.
B. No person may maintain a condition which could create a fire or safety hazard as
determined by the fire department by:
1. using materials for roof covering or walls that are not flame retardant/resistant;
2. use of open fires for cooking or heating;
3. using heating appliances within individual tents that are not licensed and
designed for that purpose;
4. use cooking appliances other than microwave ovens;
5. using structures, collection of wood, cloth, paper, plastic or glass material,
vegetation or flammable substances kept in such manner that would create a
substantial risk of combustion or spread of fire.
C. No person may maintain conditions which could create a nuisance or hazard as
determined by the code enforcement department by:
1. No person may maintain any condition upon the premises which creates or
tends to create a risk to the public health or safety, specifically including but
not limited to the accumulation of solid waste, including garbage, refuse, or
any malodorous, unhealthful, flammable, or putrescent materials on premises.
2. No owner or occupant of private property may deposit or accumulate, or permit
the deposit or accumulation of, solid waste upon such private property. This
subsection does not prohibit the storage of garbage or rubbish in public solid
waste receptacles, or in garbage cans or in securely tied bundles, when such
storage meets the requirements of the solid waste management department.
3. No occupant of the camp or the property owner may allow the accumulation of
solid waste on sidewalks or planting strips, whether or not such solid waste is
deposited by such owner or occupant.
D. No person may maintain a condition which the director of neighborhood services
and code enforcement has determined to be a violation as provided in chapter
10.08C SMC.
Date Passed: Monday, October 20, 2008
Effective Date: Sunday, November 30, 2008
ORD C34313 Section 1
Section 10.08C.160 Penalties
A. Any violation of SMC 10.08C.100 through SMC 10.08C.140(B-D) is a class 1 civil
infraction. The property owner, director of the sponsoring agency, or the onsite
manager may be cited for violation of any of the above sections of this ordinance.
Each violation would be a separate infraction.
B. A violation of this chapter or conditions of the permit may be grounds for revocation
of the permit for a homeless encampment. A notice of revocation shall be issued
upon the issuance of a second civil infraction. Within seven days of receipt of the
notice of revocation, the sponsoring agency and the host agency shall close the
encampment, disperse the residents, remove all items from the encampment, and
vacate the premises. An appeal of the revocation shall not stay the enforcement of
the notice of revocation or the time period for the permit.
C. The host agency, sponsoring agency, and onsite manager are responsible for the
conduct and safety of the encampment residents. Therefore it is a violation to
knowingly allow any of the following violations to occur:
1. Stalking: SMC 10.11.060.
2. Harassment: SMC 10.11.070 through SMC 10.11.072 and SMC 10.11.079.
3. Failure to disperse: SMC 10.10.010.
4. Disorderly conduct: SMC 10.10.020.
5. Assault: SMC 10.11.010, including domestic violence assault, chapter 10.09
SMC.
6. Reckless endangerment: SMC 10.11.020.
7. Prostitution: SMC 10.06.030.
8. Indecent exposure: SMC 10.06.025.
9. Lewd conduct: SMC 10.06.020.
10. Any firearms violation listed in: SMC 10. 11.042 through SMC 10.11.050.
11. Noise: SMC 10.08.020.
12. Loitering for the purpose of engaging in drug-related activity: SMC 10.15.020.
13. Drug-related activity.
14. Any attempt to commit and/or conspiracy to commit any of the above activities,
behaviors, or conduct.
D. A knowing violation of SMC 10.08C.140(A) or SMC 10.08C.160(C) is a
misdemeanor, the maximum penalty for which shall be ninety days in jail or a fine of
one thousand dollars, or both such fine and imprisonment.
1. Upon the first conviction, the court shall impose a minimum mandatory fine of
five hundred dollars, of which two hundred fifty dollars shall not be suspended
or deferred.
2. Upon a subsequent conviction, the court shall impose a minimum mandatory
fine of seven hundred dollars, of which four hundred dollars shall not be
suspended or deferred.
3. Mandated minimums shall include statutory costs and assessments.
Date Passed: Monday, October 20, 2008
Effective Date: Sunday, November 30, 2008
ORD C34313 Section 1
Section 10.08C.180 Emergency
The chief of police, the chief of fire, or their designee may, in the case of an emergency,
order the homeless encampment be vacated and closed and disperse the residents
immediately. An emergency shall be determined by the chief of police or the chief of fire,
or their designee based on but not limited to the following criteria:
A. Natural disaster.
B. Fire.
C. Homicide.
D. Riot; or
E. Any circumstance that presents an imminent threat to property or life.
Date Passed: Monday, October 20, 2008
Effective Date: Sunday, November 30, 2008
ORD C34313 Section 1
Section 10.08C.200 Severability
If any portion of this chapter, or its application to any person or circumstances, is held
invalid, the validity of the chapter as a whole, or any other portion thereof, or the
application of the provision to other persons or circumstances is not affected.
Date Passed: Monday, October 20, 2008
Effective Date: Sunday, November 30, 2008
ORD C34313 Section 1
Section 10.08C.220 State of Emergency
Nothing in this chapter shall limit the emergency response of any local, regional, state, or
national governmental agency to a declared state of emergency or other emergency
responses.
Date Passed: Monday, October 20, 2008
Effective Date: Sunday, November 30, 2008
ORD C34313 Section 1
Chapter 9.18
UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY
Sections:
9.18.010 Definitions.
9.18.020 Unlawful camping in streets, roadways, parking lots, planting strips, medians, traffic
islands, parks and other areas.
9.18.025 Unlawful camping on sidewalks.
9.18.030 Storage of personal property in public places.
9.18.040 Erecting camping facilities or camping paraphernalia on public parks or property.
9.18.050 Camping in parks prohibited.
9.18.060 Camping on public property prohibited.
9.18.070 Parked recreational vehicles.
9.18.080 Conditions for remaining in camping areas.
9.18.100 Penalty.
9.18.010 Definitions.
A. "Camping" or "camp" means to pitch or occupy camp facilities, and/or to use camping paraphernalia.
B. "Camping facilities" includes, but is not limited to, tents, huts, or temporary shelters made of any
material.
C. "Camping paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags,
hammocks, and/or outdoor cooking facilities such as camp stoves.
D. "City" means the city of Walla Walla.
E. "Planting strip" means the area between a sidewalk or trail and a street.
F. "Public property" means all property owned, operated, or controlled by the city.
G. "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is
primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn
by another vehicle, and is transient.
H. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or
leave in a location unattended.
I. "Street" means any highway, lane, road, street, right-of-way, boulevard, alley and every way or place in
the city open to the public for vehicular travel.
J. "Trail" means any pathway or trail in the city, owned, operated or maintained by the city, that is open to
the public for walking, biking or other nonvehicular travel. (Ord. 2017-04 § 2 (part), 2017).
9.18.020 Unlawful camping in streets, roadways, parking lots, planting strips, medians, traffic
islands, parks and other areas.
A. It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia at any
time in the following areas:
1. Any street, roadway, alley, or public right-of-way that is used or designed for use by motor vehicles;
2. Any multi -use path or trail;
3. Any parking lot or other public property, improved or unimproved, that is used or designed for use
by motor vehicles;
4. Any planting strip, street median, street median strip, street median island, traffic island,
roundabout island, pedestrian refuge island or median, or other area or device that is used or
designed to separate streets or roadways from sidewalks, control intersections, or otherwise calm or
direct the travel of motor vehicles;
5. Any park, except in camping areas designated in accordance with Section 0.18. 550; and
6. Any public property, except in camping areas designated in accordance with Section 9,1B.&30.
B. In addition to other remedies provided by law, including, but not limited to, the penalty provisions of this
chapter, any violation of this section is hereby declared to be a public nuisance. The city may abate any
such nuisance as provided in Chapter 8.05. (Ord. 2019-05 § 4, 2019: Ord. 2017-04 § 2 (part), 2017).
9.18.025 Unlawful camping on sidewalks.
A. April, May, June, July, August, September, and October.
1. It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia on
any sidewalk between the hours of nine a.m. and six p.m. each day during the months of April, May,
June, July, August, September, and October.
2. It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia on
any sidewalk between the hours of six p.m. and nine a.m. of the following day during the months of
April, May, June, July, August, September, and October when space is available for the person to
camp at an area designated in accordance with Section 9.18.050 or 9.18.060 or shelter
accommodations or other housing is otherwise available to the person.
B. March and November.
1. It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia on
any sidewalk between the hours of nine a.m. and five p.m. each day during the months of March and
November.
2. It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia on
any sidewalk between the hours of five p.m. and nine a.m. of the following day during the months of
March and November when space is available for the person to camp at an area designated in
accordance with Section 9.18.050 or 9.18.060 or shelter accommodations or other housing is
otherwise available to the person.
C. December, January, and February.
1. It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia on
any sidewalk between the hours of nine a.m. and four p.m. each day during the months of December,
January, and February.
2. It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia on
any sidewalk between the hours of four p.m. and nine a.m. of the following day during the months of
December, January, and February when space is available for the person to camp at an area
designated in accordance with Section 9.18.050 or 9.18.060 or shelter accommodations or other
housing is otherwise available to the person.
D. Space and accommodations shall be considered available under this section unless they are actually
unavailable for reason(s) other than choice or misconduct of the person who is found camping, occupying
camp facilities, or using camp paraphernalia.
E. It is unlawful for camp facilities and camp paraphernalia to unreasonably obstruct or interfere with
pedestrian or vehicular traffic at any time.
F. In addition to other remedies provided by law, including, but not limited to, the penalty provisions of this
chapter, any violation of this section is hereby declared to be a public nuisance. The city may abate any
such nuisance as provided in Chapter 8.05. (Ord. 2019-05 § 5, 2019).
9.18.030 Storage of personal property in public places.
A. It shall be unlawful for any person to store personal property, including, but not limited to, camp facilities
and camp paraphernalia, in the following areas:
1. Any street, roadway, alley, or public right-of-way that is used or designed for use by motor vehicles
2. Any multi -use path or trail;
3. Any parking lot or other public property, improved or unimproved;
4. Any planting strip, street median, street median strip, street median island, traffic island,
roundabout island, pedestrian refuge island or median, or other area or device that is used or
designed to separate streets or roadways from sidewalks, control intersections, or otherwise calm or
direct the travel of motor vehicles;
5. Any park, except in camping areas designated in accordance with Section 9.18.05 ; and
6. Any public property, except in camping areas designated in accordance with Section 9.18.060.
B. It shall be unlawful for any person to store personal property, including, but not limited to, camp facilities
and camp paraphernalia, on a sidewalk area when storage space is available at a camping area
designated in accordance with Section 9.18.050 or 9.18.080 or reasonably available at some other
location.
1. Storage space shall be considered available under this subsection unless it is actually unavailable
for reason(s) other than choice or misconduct of the person whose property is found stored on a
sidewalk.
C. It is unlawful for personal property to unreasonably obstruct or interfere with pedestrian or vehicular
traffic at any time.
D. In addition to other remedies provided by law, including, but not limited to, the penalty provisions of this
chapter, any violation of this section is hereby declared to be a public nuisance. The city may abate any
such nuisance as provided in Chapter 8.05. (Ord. 2019-05 § 6, 2019: Ord. 2017-04 § 2 (part), 2017).
9.18.040 Erecting camping facilities or camping paraphernalia on public parks or property.
A. It shall be unlawful to erect, install, place, leave, or set up any type of permanent or temporary camping
paraphernalia or camping facilities or structure of any material(s) intended for camping in or upon any
public park or property without a permit or other express authorization from the city.
B. In addition to other remedies provided by law, including, but not limited to, the penalty provision of this
chapter, any violation of this section is hereby declared to be a public nuisance. The city may abate any
such nuisance as provided in Chapter 8.05.
C. The provisions of this section do not apply to camping areas designated in accordance with Section
9. k8,050 or gjLQffl. (Ord. 2019-05 § 7, 2019: Ord. 2017-04 § 2 (part), 2017).
9.18.050 Camping in parks prohibited.
Camping in public parks is prohibited except in areas expressly designated by the city manager as
camping areas and during times designated by the city manager. The city manager is authorized to
promulgate rules and regulations regarding the use of designated camping areas. (Ord. 2017-04 § 2
(part), 2017).
9.18.060 Camping on public property prohibited.
Camping on public property is prohibited except in areas expressly designated by the city manager as
camping areas and during times designated by the city manager. The city manager is authorized to
promulgate rules and regulations regarding the use of designated camping areas. (Ord. 2017-04 § 2
(part), 2017).
9.18.070 Parked recreational vehicles.
A. All recreational vehicles parked on city streets shall abide by the parking rules and regulations of the
city, including, but not limited to, Chapter 10.13.
B. Recreational vehicles shall not be used for residential purposes in any parking lot or other public
property, improved or unimproved, except as provided in subsection C of this section.
C. The city manager is authorized to designate areas on public property where recreational vehicles may
be used for temporary residential purposes; provided, that such areas have adequate facilities to
accommodate such vehicles. The city manager is authorized to promulgate rules and regulations
regarding the use of areas designated for temporary residential use by recreational vehicles.
D. In addition to other remedies provided by law, including, but not limited to, the penalty provision of this
chapter, use of a recreational vehicle in violation of this section is hereby declared to be a public nuisance.
The city may abate any such nuisance as provided in Chapter 8.05. (Ord. 2017-04 § 2 (part), 2017).
9.18.080 Conditions for remaining in camping areas.
In addition to the general conditions for entering and remaining in city -owned buildings and on city -owned
property established by Section 9.22.020, it is a condition for entering and remaining in camping areas
designated in accordance with Section 9.18,050, 9.18,OQQ or 918.070 that persons comply with rules and
regulations promulgated by the Walla Walla city manager. (Ord. 2017-14 § 1, 2017).
9.18.100 Penalty.
Any person violating any of the provisions of this chapter shall, upon conviction of such violation, be found
guilty of a misdemeanor punishable in accordance with Chapter 1.24. (Ord. 2017-04 § 2 (part), 2017).
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