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Home My WebLink About01-24-18 YPC Packet111011119 M DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director 11 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 STUDY SESSION City Hall Council Chambers Wednesday January 24, 2018 3:00 p.m. - 5:00 p.m. YPC Members: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Peter Marinace, Jacob Liddicoat, Robert McCormick Council Liaison: Jason White City Planning Staff: Joan Davenport (Community Development Director); Joseph Calhoun (Planning Manager); Eric Crowell (Associate Planner); Trevor Martin (Associate Planner); Colleda Monick (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Planning Specialist) Agenda I. Call to Order II. Roll Call III. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of January 10, 2018 VI. Discussion on the Hearing Examiner's Decision for an Unclassified Use Interpretation for H2 -A Temporary Worker Housing (File No. INT#001-17) VII. Other Business VIII. Adjourn Next Meeting: February 14, 2018 MIS 094 am 03IGN-IN SHEET City of Yakima Planning Commission City Hall Council Chambers Wednesday January 24, 2018 Beginning at 3:00 p.m. Study Session *PLEASE WRITE LEGIBLY' Page 1 01/24/2018 YPC Study Session Z 1 00 'aye .................................. { f.......-_.__------------------------------------_ .2..b.�.... s `1 _.............�..._(____________...... 9- _......__._..._ .......... ...................................... ...................................................................................................................................................................................................._ m..................................................... ------------------------- Page 1 01/24/2018 YPC Study Session Meetin. Ae: 1/24/18 City of Yakima YAKIMA PLANNING COMMISSION (YPC) Audience Participation Slip (PLEASE PRINT) Please complete this form for the record and submit it to the Clerk of the board prior to addressing the 2 -nittee, Name; Subject/ Agenda Item Number(s): E-mail: Mailinc J N *Please provide your mailin f address on this form. When addressing the Commission„ state your name and whether you live inside or outside the City limits. The Commission welcomes input from the public both during "Audience Participation" and during discussion of regular agenda items. Please note that the Commission meeting is being televised on Y -PAC, cable channel 194. Profanity, personal attacks, derogatory remarks or other inappropriate language or behavior are not be permitted. Thank you for your comments. Meetin, ate: 1/24118 City of Yakima YAKIMA PLANNING COMMISSION (YPC) Audience Participation Slip (PLEASE PRINT) Please complete this form for the record and submit it to the Clerk of the board 2Eiqr to addressing the Commission. Name: Subject / Agenda Item Number(s): � l , e E-mail: 61 y Mailing Address*: 44obi r W Meetin -ite: 1/24/18 City of Yakima YAKIMA PLANNING COMMISSION (YPC) Audience Participation Slip (PLEASE PRINT) Please complete this form for the record and submit it to the Clerk of the board rior to addressing the Committee. Name: ,> Subject/ Agenda Item Number(s)'., E-mail: Mailing Address*:. *Please provide your mailing address on this form. When addressing the Commission, state your name and whether you live inside or outside the City limits. The Commission welcomes input from the public both during "Audience Participation" and during discussion of regular agenda items. Please note that the Commission meeting is being televised on Y -PAC, cable channel 194. Profanity, personal attacks, derogatory remarks or other inappropriate language or behavior are not be permitted. Thank you for your comments Meetin. _te: 1/24/18 City of Yakima YAKIMA PLANNING COMMISSION (YPC) Audience Participation Slip (PLEASE PRINT) Please complete this form for the record and submit it to the Clerk of the board prior to addressing the Commission Name: "- v N �0 - - - - ---- Subject / Agenda Item Number(s): .mm E-mail: V Mailing Address*, *Please provide your mailing address on this form. When addressing the Commission, state your name and whether you live inside or outside the City limits. The Commission welcomes input from the public both during "Audience Participation" and during discussion of regular agenda items. Please note that the Commission meeting is being televised on Y -PAC, cable channel 194. Profanity, personal attacks, derogatory remarks or other inappropriate language or behavior are not be permitted. Thank you for your comments Meetin ate: 1/24/18 City of Yakima YAKIMA PLANNING COMMISSION (YPC) Audience Participation Slip (PLEASE PRINT) Please complete this form for the record and submit it to the Clerk of the board prior to addressing the Commission. 1� V'k-te Name: HAI) Subject /Agenda Item Number(s). S �(2 E-mail: CLAn AI -7 Mailing Address*` �M', '/`� *Please provide your mailing address on this form. When addressing the Commission, state your name and whether you live inside or outside the City limits. The Commission welcomes input from the public both during "Audience Participation" and during discussion of regular agenda items. Please note that the Commission meeting is being televised on Y -PAC, cable channel 194. Profanity, personal attacks, derogatory remarks or other inappropriate language or behavior are not be permitted. Thank you for your comments. AWA M DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Nanning Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning NOTIFICATION OF HEARING EXAMINER'S INTERPRETATION DECISION January 17, 2018 On January 16, 2018, the City of Yakima Hearing Examiner rendered his decision on INT#001- 17. The application submitted by Ermelindo Escobedo is a request for an unclassified use interpretation for a proposal to establish H2 -A Temporary Worker Housing in an existing building in the GC zoning district. Enclosed is a copy of the Hearing Examiner's Interpretation Decision. Any part of the Hearing Examiner's decision may be appealed to the Yakima City Council. Appeals shall be filed within fourteen (14) days following the date of mailing of this notice and shall be in writing on forms provided by the Planning Division. The appeal fee of $340 must accompany the appeal application. For further information or assistance you may contact Eric Crowell, Associate Planner, at (509) 576-6736 or email to: eric rowell r y wkn ajw „gr v. "r, W� "" e Eric Crowell Associate Planner Date of Mailing: January 17, 2018 Enclosures: Hearing Examiner's Decision i .. City of Yakima, WashingtonCITY OF YAKIMA Hearing Examiner's Interpretation Decision January 16, 2018 In the Matter of a Request for Interpretation Submitted by: Ermelindo Escobedo for Martha Ramirez, Owner Pursuant to Chapter 15.22 of the Yakima Municipal Code Which Prescribes Procedures for Processing Zoning Ordinance Unclassified Uses INT#001-17 A. Findings re Procedural Aspects of the Interpretation Process. The nature of this Request for Interpretation and the procedure utilized to issue this Interpretation Decision may be summarized as follows: (1) This Request for Interpretation was received by the City of Yakima Planning Division on November 14, 2017. It was deemed complete for processing on November 15, 2017. It was emailed to the Hearing Examiner on that date. Within seven business days as required by Yakima Municipal Code (YMC) §15.22.030(C), the Hearing Examiner reviewed the record, determined that a public hearing would be required and notified the Planning Division accordingly by letter dated and received by the Planning Division on November 22, 2017. (2) That letter noted that the application itself correctly states that the proposed use does not come within the "Boardinghouse" definition as an "establishment providing Ermelindo Escobedo/Martha Ramirez 1 Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 JAN 1 (w„:. 2018 CITY OF YAKIMA 6'wAl,It "'°� DIV JJ, wd" un h+4 .Grpw both lodging and meals for not more than ten persons" because meals would not be provided and more than ten persons would be anticipated at all times during the harvest season. The letter further likewise noted that the proposed temporary worker housing facility does not come within the "Multiple -family dwelling" definition because it is not "designed for occupancy by three or more families living independently of each other and containing three or more attached dwelling units on a lot" due to the fact that a family is defined as "persons related by blood, marriage or adoption, or a group of not more than five persons ... living together as a single housekeeping unit in a dwelling unit" which is "for the occupancy of one family and providing complete and independent living facilities, including permanent provisions for living, sleeping, cooking, eating and sanitation" and also because the proposed facility does not contain "three or more attached dwelling units on a lot." (3) The Hearing Examiner's November 22, 2017 letter stated that allowing the proposed use to come within either of those definitions would ignore their plain wording and would therefore be in violation of YMC §15.22.050 to the effect that "No use interpretation decision shall create, establish, or have the effect of creating a new definition or use within YMC Ch. 15.02, or YMC Ch. 15.04 Table 4-1." (4) The Hearing Examiner's November 22, 2017 letter further stated, however, that the addition of a new use classification within Table 4-1 with a new definition in YMC Ch. 15.02 may be beneficial and that in order to decide whether to recommend a new classification and definition to the Planning Division that would then be considered by the Planning Commission and City Council, a public hearing should be scheduled pursuant to YMC §15.22.030(C) with notice for a site specific proposal per YMC § 15.22.030(F)(a) to the person requesting the interpretation and to property owners within a 300 -foot radius of the subject proposal per YMC Ch. 16.05 and with notice by publication per YMC § 15.22.030(F)(d). (5) The Hearing Examiner's November 22, 2017 letter concluded by stating that a public hearing with the assistance that would be provided by a staff report and staff recommendation, as well as by testimony of any interested neighbors, would be very helpful in deciding whether the proposed use should be recommended as compliant with the intent and development standards of the zoning district and, if so, what Class or Classes of use in what zoning district(s) under what wording of a new definition should be recommended to the Planning Commission for adoption of text amendments by the Ermelindo Escobedo/Martha Ramirez 2 Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 TY Of CI(pyIy7M City Council per YMC §15.22.050(A) and (C). (6) Notice of a public hearing to be held on January 11, 2018, was given by sending same to the applicant on November 27, 2017; by posting land use action signs on the property on November 28, 2017; by mailing notice to the applicant and property owners within 300 feet of the subject property on December 14, 2017; and by publishing same in the Yakima Herald Republic on December 14, 2017. (7) At the hearing Associate Planner Eric Crowell presented the staff report he had prepared several days prior to the hearing which recommended allowing the proposed use in the proposed location subject to enumerated conditions. The staff report states that the proposed temporary worker housing cannot be considered to be a boarding house, multi -family dwelling or group home which are currently defined and allowed in some zoning districts as various classes of use in Table 4-1. The staff report indicates that there currently is no definition within the City's zoning ordinance for temporary worker housing, and that State law in RCW 70.114A.020 defines "Temporary worker housing" as a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy. The staff report further states that the Administrative Official has identified the SR, R-2, R-3, B-1, B-2, GC and CBD zoning districts as potential zones for this new use if allowed. Mr. Crowell also submitted for the record several January 10, 2018 supplemental recommendations for this interpretation which stated that since there is a likelihood that this proposal will not be the final request for temporary worker housing in Yakima, the Planning Division is recommending that the Hearing Examiner recommend that (i) temporary worker housing be considered through the legislative process via the Planning Commission and City Council so that it might be added to the Table of Permitted Land Uses in the zoning ordinance; (ii) based on initial research, temporary worker housing may be difficult to define because some proposals may be for an open dormitory style layout such as for this proposed interpretation, while others might more resemble multi -family housing or be set up with suites with multiple bedrooms having shared facilities; and (iii) because of this, the Planning Division is hesitant to recommend any specific development standards, parking standards, zoning districts, or review classifications for temporary worker housing as it would be more prudent to make those initial recommendations after the legislative process has begun and more research has been performed on this topic. Ermelindo Escobedo/Martha Ramirez 3 Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 CITY tr bm eu .e C:6m� 'I (8) At the hearing, City Planning Manager Joseph Calhoun added that YMC § 15.22.050(C) states that no use interpretation shall permit any use in any zoning district unless evidence is presented which demonstrates that it will comply with the intent and development standards established for the particular district. (9) At the hearing, Bill Hordan of Hordan Planning Services suggested through his testimony a possible way of expediting consideration of this proposal without the need for the City Council to add a new use to Table 4-1 of the zoning ordinance if the proposal were considered to be a motel or a hotel which are permitted Class (1) uses in the GC zoning district. He indicated that the Ledgestone Hotel near Target allows extended stays similar to the extended seasonal stays anticipated for the proposed use. But he noted that there is no definition of a motel or of a hotel in the zoning ordinance, and he did not offer a specific definition for those uses. (10) At the hearing, both the applicant, Ermelindo Escobedo, and an employer of H2 -A workers, Brett Valicoff, testified as to the urgent immediate need for H2 -A temporary worker housing and requested that this application be considered as expeditiously as possible. (11) The final testimony at the hearing was presented by attorney James Hurley who represents businesses located immediately west of the building proposed to be used for H2 -A temporary farm worker housing and who has been familiar with the building and the immediate area for many years. He testified that the use has not yet been defined by the City Council and that appropriate definitions and regulations are necessary before considering whether the proposed use can and should be approved in the proposed location. He further testified that there are single-family residences nearby and that the proposed building is not an appropriate residence for H2 -A temporary workers. He finally indicated that since it has been known for a long time that there is a need for H2 -A temporary worker housing, the argument as to an immediate need to rush to judgment regarding the details such as the definition for the proposed use is not a valid argument. B. Analysis, and Reasoning Relative to the Interpretation. The analysis and the reasoning relative to this Interpretation required by YMC § 15.22.040(B) which YMC §15.22.040(A) requires to be submitted to the Yakima Department of Community Ermelindo Escobedo/Martha Ramirez 4 Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 CITY OF YAKIMA Development within ten business days of the public hearing are as follows: (1) YMC §15.22.050(A) requires that the Hearing Examiner first "render a decision on whether the proposed use interpretation meets or fits any of the existing use categories within Table 4-1" because "No use interpretation decision shall create, establish, or have the effect of creating a new definition or use within YMC Ch. 15.02 or YMC Ch. 15.04 Table 4-1" and because YMC 15.22.050(B) states that "No use interpre- tation shall vary the location or review requirements of any use listed in Table 4-1 or home occupation listed in Table 4-2." The November 22, 2017 letter of the Hearing Examiner already explained that the proposed use does not fit the "Boardinghouse" definition as "an establishment providing both lodging and meals for not more than ten persons" because meals would not be provided and more than ten persons would be anticipated at all times during the harvest season. That letter also explained that the proposed use likewise does not fit within the "Multiple -family dwelling" definition of "being designed for occupancy by three or more families living independently of each other" because a family is defined as "persons related by blood, marriage or adoption, or a group of not more than five persons ... living together as a single housekeeping unit in a dwelling unit" which is "for the occupancy of one family and providing complete and independent living facilities, including permanent provisions for living, sleeping, cooking, eating and sanitation." The Hearing Examiner at this point also agrees with the Planning Division staff report conclusion that the proposed use does not fit within the "Group home" definition because it is not "a place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children, providing special care in a homelike environment." (2) In determining whether the proposed temporary worker housing facility constitutes either a motel or a hotel as suggested at the hearing, YMC § 15.02.020 applies because neither use is defined in the zoning ordinance: "... Where terms are not defined, they shall have the ordinary accepted meaning within the context with which they are used. Where an activity or land use could fall under two definitions, the more specific shall apply. The Webster's Ninth New Collegiate Dictionary, with the assistance of the American Planning Association's Planner Dictionary and Black's Law Dictionary, shall be the source for ordinary accepted meaning and for the definition of words not defined below." No evidence was presented as to the definition of a motel or a hotel in the American Ermelindo Escobedo/Martha Ramirez 5 Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 CITY OF YAKIMA Planning Association's Planner Dictionary which is a publication not provided to the Hearing Examiner. However, the Webster's Ninth New Collegiate Dictionary contains the following definitions: "Motel n [blend of motor and hotel] (1925): an establishment which provides lodging and parking and in which the rooms are usu. accessible from an outdoor parking area." "Hotel n [F h6tel, fr. OF hostel hostel] (1765): an establishment that provides lodging and usu. meals, entertainment, and various personal services for the public: INN" And Black's Law Dictionary (6`" Ed. 199 1) contains the following definitions: "Motel" (no definition) "Hotel. A building held out to the public as a place where all transient persons who come will be received -and entertained as guests for compensation and it opens its facilities to the public as a whole rather than limited accessibility to a well-defined private group." [citation omitted]. It is apparent from the definitions and ordinary accepted meanings that a hotel and a motor hotel (motel) are facilities open to the public as a whole rather than to a well- defined group which prevents the proposed temporary worker housing from being considered either a motel or a hotel. Furthermore, the common kitchen to be used by the temporary workers to prepare their own meals in the proposed temporary worker housing facility is not normally characteristic of either a motel or a hotel. Motels and hotels do not ordinarily provide communal kitchen facilities for all of their guests to use in common for the preparation of their meals. Nor do motels and hotels ordinarily consist of only one large unit which occupies the entire facility to be shared by all of their guests as is proposed by the applicant here. Even though some motels or hotels may allow extended stays, that similarity to the proposed use does not alone cause it to fit within the ordinary accepted meaning of a motel or a hotel. (3) Having determined that the proposed H2 -A temporary worker housing use does not fit within any of the existing use categories within YMC Table 4-1 in YMC §15.04.030 and having determined that it would be beneficial to add a new use classification within YMC Table 4-1 and a new definition within YMC Chapter 15.02, YMC 15.22.050(A) requires the Hearing Examiner to render a separate recommendation to the City of Yakima Planning Division regarding recommended language or uses to be Ermelindo Escobedo/Martha Ramirez 6 Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 IAN I r p CITY AKI added to the Yakima Municipal Code, which new uses or definitions shall be considered through the legislative process by the City of Yakima Planning Commission and Yakima City Council. C. Interpretation. Based upon the foregoing analysis and reasoning required by YMC §15.22.040(B), the Hearing Examiner's Interpretation Decision issued as a result of the evidence and arguments presented in this matter is as follows: (1) The Hearing Examiner recommends to the Yakima Planning Division that it recommend adoption of a new use for temporary worker housing to be defined in YMC §15.02.020 and added to the City's zoning ordinance Table of Permitted Uses, YMC Table 4-1, through the legislative process by way of the Planning Commission and City Council in accordance with the January 10, 2018 supplemental recommendations of the Planning Division submitted for this Request for Interpretation record. (2) Also in accordance with said supplemental recommendations for this Request for Interpretation, the Hearing Examiner recommends that the Planning Division pursue the course it deems prudent by making the initial recommendations for a specific definition of temporary worker housing, specific development standards, specific zoning districts and specific review level classifications after the legislative process has begun and more research has been performed on this topic. (3) Relative to one detail involved in that legislative process, it is worthy of note that the detailed legislative procedure required by YMC §15.22.050(A) in YMC Chapter 15.22, which specifies the procedure for all use interpretations, is the zoning ordinance section which governs the appropriate procedure for permitting unclassified uses even though a different procedure is specified in the first and third sentences of YMC § 15.04.040. It is also worthy of note that nothing in YMC Chapter 15.22 is inconsistent with the requirement in the second sentence of YMC §15.04.040 to the effect that "Any unclassified use permitted in a particular zoning district shall be allowed only as a Class (2) or Class (3) use." (4) If, as a result of the prescribed legislative process, the City Council adopts a definition for temporary worker housing that includes the applicant's proposed use and Ermelindo Escobedo/Martha Ramirez 7 Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 adopts that use as either a Class (2) or a Class (3) use in the General Commercial (GC) zoning district with whatever parking or other development standards it may prescribe, this application for a proposed temporary worker housing facility can be submitted either to the Administrative Official or to the Hearing Examiner as applicable and as will be required for consideration of the criteria prescribed for any other Class (2) or Class (3) use listed in YMC Table 4-1 of the City's zoning ordinance. (5) Any decision by the Hearing Examiner which would exceed the express limitations or deviate from the express procedures prescribed for "Interpretations" by YMC Chapter 15.22 would be subject to legitimate objections and appeals by any person or agency adversely affected by such a decision, and would otherwise be an improper exercise of the authority delegated to the Hearing Examiner by the mandatory language of YMC Chapter 15.22 adopted by the Yakima City Council. DATED this 16th day of January, 2018. bae___, �n . C �-- � Gary M. Cuillier, Hearing Examiner RECEIVED AN I r. 2018 CITY OF YAKIMA DIV. Ermelindo Escobedo/Martha Ramirez 8 Request for Interpretation Decision H2 -A Temporary Worker Housing Use INT#001-17 Examples of Temporary Worker Housing Facilities in Washington BRIENDER CREEK Site: 5693 Sunset Highway, Cashmere Zoning: Multi -Family Description: 200 bed facility for H -2A housing—set up with bunk rooms and common areas Website h t Amu A.I.Lp pmekjhlall P ............... A ....................................... Office and entry gate for the Brander Creek f—worker housing complex Brander Creek Building A & play area Brander Creek kitchen Brander Creek dining area Brander Creek rest— LA POSAIDA EAST LA POSAIDA WEST Site 627 W. Lewis St., Pasco Site 725 W. Lewis St., Pasco Zoning: C-1 (Retail Business District) Zoning: C-1 (Retail Business District) Description 34 units Description: 32 units Website Vett Ams a a� o E/�l /static, 1p f�i� P P..�I .. Website: hitAms a ii9ro 9c ..g..f dpp�p �2.............. .2 H=. ......... rgjgp �.... . .......... .............. ..=. rl.P IP La Posada East (above & below) La Posada West (above & below) Based on a quick review of Pasco's zoning ordinance, the two buildings appear to be operated as hotels because the C-1 zone doesn't allow unclassified uses, which temporary shelters fall under (as Community Service Facilities Level Two). The C-1 zoning district appears similar to Yakima's General Commercial (GC) zoning district. VARNEY COURT Site: 318 W. Pearl St., Pasco Zoning: R-3 (Medium Density Residential) Description: 38 units, 2-4 bedrooms Website: hitt r://h>.'s.-ar.,or'id va: rn .r.r.,nor7/Inc;stir:sri:>/fn rihi-raria:r- r.s.-arl-frur7il -hin€ sing/ ............................................................a. ......... ...................................................................................................................................................................v...................................�... Varney Court View of room at Varney Court Pasco's zoning ordinance (Title 25) generally separates allowed land uses into three categories: Permitted Uses, Permitted Accessory Uses, and Conditional Uses. Depending on the zoning district, conditional uses may include unclassified uses, which according to § 25.86.020 (4), include Community Service Facilities. § 25.12.156 defines Community Service Facilities Level Two: `include, but are not limited to, drug abuse and alcoholic treatment centers, halfway houses, charitable organizations, non profit service groups, juvenile care and treatment centers, crisis residential centers, correctional work release facilities, correctional institutions, juvenile delinquency homes and facilities, any and all facilities for incarceration or detainment, temporary shelters, emergency housing facilities, community service housing, missions, community kitchens, food banks, and any other similar uses which provide social, health, and welfare service for citizens; except any such use which limits the activity solely to organizational or administrative functions, whereby the actual community service is provided elsewhere, shall be excluded from this definition." Temporary worker housing would likely fall under this definition. Unclassified uses are allowed in the following zoning districts: R -S-20 Suburban District R -S-12 Suburban District R -S-1 Suburban District R-1 Low Density Residential District R-1 -A Low Density Residential Alternate District R -1-A2 Low Density Residential Alternate District R-2 Medium Density Residential District R-3 Medium Density Residential District R-4 High Density Residential District "O" Office District C-3 General Business District BP Business Park District (though it also prohibits all residential uses); and 1-1 Light Industrial. While unclassified uses are allowed, Community Service Facilities Level Two are expressly prohibited within the C-2 Central Business District. Chapter 70.114A RCW TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION Sections 6 70J m 6 6 4 A .6 '( ' ' lings—Intent. 170, l T 4,jS R6 2,fl initions. fug, 11 i 4A 03fl plication of chapter. /0 ,1 14A,0414 ponsibilities of department. It" III If 4 A J6) !,1 ising operation standards—Departments' agreement—Enforcement. 6➢ #! 1 4 01,5'p ising on rural worksites. 1 fl 114 A.060 section of housing. '70.114A,, 06, iw ;nsing, operation, and inspection—Rules. lfii11 4A, "01,70, hnical assistance. 16E 11 14A,, 66676. iporary worker building code—Rules—Guidelines—Exceptions—Enforcement— Variations. /0,11 14A. I6.6D0 -s—Compliance with federal act. 1 6,,6 14A_1 IM rry harvest temporary labor camps—Rule making—Definition—Conditions for occupation—Application. °16111„114 A.% I active date -1995 c 220. 70.114A.010 Findings—Intent. The legislature finds that there is an inadequate supply of temporary and permanent housing for migrant and seasonal workers in this state. The legislature also finds that unclear, complex regulations related to the development, construction, and permitting of worker housing inhibit the development of this much needed housing. The legislature further finds that as a result, many workers are forced to obtain housing that is unsafe and unsanitary. Therefore, it is the intent of the legislature to encourage the development of temporary and permanent housing for workers that is safe and sanitary by: Establishing a clear and concise set of regulations for temporary housing; establishing a streamlined permitting and administrative process that will be locally administered and encourage the development of such housing; and by providing technical assistance to organizations or individuals interested in the development of worker housing. 70.114A.020 Definitions. The definitions in this section apply throughout this chapter. (1) "AndriiIMml Pmnlovee" means anv nerson who renders nersonal services to. or under the direction of, an agricultural employer in connection with the employer's agricultural activity. (2) "Agricultural employer" means any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not limited to the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities. (3) "Department" means the department of health. (4) "Dwelling unit" means a shelter, building, or portion of a building, that may include cooking and eating facilities, that is: (a) Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and (b) Physically separated from other sleeping and common -use areas. (5) "Enforcement" and "enforcement actions" include the authority to levy and collect fines. (6) "Facility" means a sleeping place, drinking water, toilet, sewage disposal, food handling installation, or other installations required for compliance with this chapter. (7) "Occupant" means a temporary worker or a person who resides with a temporary worker at the housing site. (8) "Operator" means a person holding legal title to the land on which temporary worker housing is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful control or supervision over the temporary worker housing under a lease or other arrangement. (9) "Temporary worker" means an agricultural employee employed intermittently and not residing year-round at the same site. (10) "Temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy. [ 1999 c. 374 1995 c 22� 2 ] 70.114A.030 Application of chapter. Chapter 220, Laws of 1995, applies to temporary worker housing that consists of five or more dwelling units, or any combination of dwelling units, dormitories, or spaces that house ten or more occupants. [1 ,9 c120 §_3] 70.114A.040 Responsibilities of department. The department is designated the single state agency responsible for encouraging the development of additional temporary worker housing, and shall be responsible for coordinating the activities of the various state and local agencies to assure a seamless, nonduplicative system for the development and operation of temporary worker housing. 70.114A.045 Housing operation standards—Departments' agreement—Enforcement. By December 1, 1999, the department and the department of labor and industries shall jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards. The agreement shall, to the extent feasible, provide for inspection and enforcement actions by a single agency, and shall include measures to avoid multiple citations for the same violation. 37,4 70.114A.050 Housing on rural worksites. Temporary worker housing located on a rural worksite, and used for workers employed on the worksite, shall be considered a permitted use at the rural worksite for the purposes of zoning or other land use review processes, subject only to height, setback, and road access requirements of the underlying zone. 70.114A.060 Inspection of housing. The secretary of the department or authorized representative may inspect housing covered by chapter 220, Laws of 1995, to enforce temporary worker housing rules adopted by the state board of health prior to July 25, 1999, or the department, or when the secretary or representative has reasonable cause to believe that a violation of temporary worker housing rules adopted by the state board of health prior to July 25, 1999, or the department is occurring or is being maintained. If the buildings or premises are occupied as a residence, a reasonable effort shall be made to obtain permission frnm tha racirlant If tha nramicac nr hi diriinn is i innrri iniarl n ranennnhia affnrf chnil ha 1. _... r,........,. _. �,....� U .., �.....,.,�r.,.,., .........,. _.. -_ made to locate the owner or other person having charge or control of the building or premises and request entry. If consent for entry is not obtained, for whatever reason, the secretary or representative shall have recourse to every remedy provided by law to secure entry. 70.114A.065 Licensing, operation, and inspection—Rules. The department and the department of labor and industries shall adopt joint rules for the licensing, operation, and inspection of temporary worker housing, and the enforcement thereof. These rules shall establish standards that are as effective as the standards developed under the Washington industrial safety and health act, chapter"' RCW. J 70.114A.070 Technical assistance. The *department of community, trade, and economic development shall contract with private, nonprofit corporations to provide technical assistance to any private individual or nonprofit organization wishing to construct temporary or permanent worker housing. The assistance may include information on state and local application and approval procedures, information or assistance in applying for federal, state, or local financial assistance, including tax incentives, information on cost-effective housing designs, or any other assistance the *department of community, trade, and ecorlornic development may deem helpful in obtaining the active participation of private individuals or groups in constructing or operating temporary or permanent worker housing. NOTES: *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. 70.114A.081 Temporary worker building code—Rules—Guidelines—Exceptions— Enforcement—Variations. (1 ) The department shall adopt by rule a temporary worker building code in conformance with the temporary worker housing standards developed under the Washington industrial safety and health act, chapter 11.9.17 RCW, and the following guidelines: (a) The temporary worker building code shall provide construction standards for shelter and associated facilities that are safe, secure, and capable of withstanding the stresses and loads associated with their designated use, and to which they are likely to be subjected by the elements; (b) The temporary worker building code shall permit and facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing; (c) In developing the temporary worker building code the department of health shall consider: (i) The need for dormitory type housing for groups of unrelated individuals; and (ii) The need for housing to accommodate families; (d) The temporary worker building code shall incorporate the opportunity for the use of construction alternatives and the use of new technologies that meet the performance standards required by law; (e) The temporary worker building code shall include standards for heating and insulation appropriate to the type of structure and length and season of occupancy; (f) The temporary worker building code shall include standards for temporary worker housing that are to be used only during periods when no auxiliary heat is required; and (g) The temporary worker building code shall provide that persons operating temporary worker housing consisting of four or fewer dwelling units or combinations of dwelling units, dormitories, or spaces that house nine or fewer occupants may elect to comply with the provisions of the temporary worker building code, and that unless the election is made, such housing is subject to the codes adopted under RCW 19.27. . (2) In adopting the temporary worker building code, the department shall make exceptions to the codes listed in RCW '19.27,il,331 and chapter 19.27A RCW, in keeping with the guidelines set forth in this section. The initial temporary worker building code adopted by the department shall be substantially equivalent with the temporary worker building code developed by the state building code council as directed by section 8, chapter 220, Laws of 1995. (3) The temporary worker building code authorized and required by this section shall be enforced by the department. The department shall have the authority to allow minor variations from the temporary worker building code that do not compromise the health or safety of workers. Procedures for requesting variations and guidelines for granting such requests shall be included in the rules adopted under this section. 70.114A.100 Rules—Compliance with federal act. Any rules adopted under chapter 220, Laws of 1995, pertaining to an employer who is subject to the migrant and seasonal agricultural worker protection act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et sea.), must comply with the housing provisions of that federal act. 1 v 70.114A.110 Cherry harvest temporary labor camps—Rule making—Definition— Conditions for oc upation—Applllic ti iirm. (1) The department and the department of labor and industries are directed to engage in joint rule making to establish standards for cherry harvest temporary labor camps. These standards may include some variation from standards that are necessary for longer occupancies, provided they are as effective as the standards adopted under the Washington industrial safety and health act, chapter 4917 RCW. As used in this section "cherry harvest temporary labor camp" means a place where housing and related facilities are provided to agricultural employees by agricultural employers for their use while employed for the harvest of cherries. The housing and facilities may be occupied by agricultural employees for a period not to exceed one week before the commencement through one week following the conclusion of the cherry crop harvest within the state. (2) Facilities licensed under rules adopted under this section may not be used to provide housing for agricultural employees who are nonimmigrant aliens admitted to the United States for agricultural labor or services of a temporary or seasonal nature under section 1101(a)(15)(H)(ii)(a) of the immigration and nationality act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(a)). (3) This section has no application to temporary worker housing constructed in conformance with codes listed in RCW 19.2m031 or '70, 1.11,11, 1141AII.1108111. J,999 iiµ, 374 § 5 70.114A.901 Effective date -1995 c 220. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 3, 1995]. [19 9 5 c 2 2 1(') 4a YPC Agenda Notification — 01/24/2018 Agenda Item #6: *INT#001-17 — Ermelindo Escobedo* Ermelindo Escobedo Martha Ramirez Traditional Designs Inc wstrategies@comcast.net 305 W Lincoln Ave 106S4 1h Ave Yakima, WA 98902 Yakima, WA 98902 Bill Hordan Ric Valicoff James Hurley Hps410 gwestoffice.net 2840 Konnowac Pass Rd 411 N 2nd St Wapato, WA 98951 Yakima, WA 98901 Jackie Cook Rob Valicoff Robert Charron iacl<ie@yascollect.com 3083 Konnowac Pass Rd 11530 Hwy 24 Wapato, WA 98951 Moxee, WA 98936 Daniel Martinez Keith H. Brett Valicoff PO Box 725 PO Box 417 707 N 28th St Moxee, WA 98936 Moxee, WA 98936 Yakima, WA 98901