HomeMy WebLinkAboutCOW 2024-10-28 Item 5B / 6B - Public Hearing - Ordinance Adopting Zoning Regulations for Temporary EncampmentsCOUNCIL AGENDA SYNOPSIS
nitials
Meeting Date
Prepared by
Mayor's review
Council review
10/28/24
NG
ITEM INFORMATION
ITEM No.
5.B.
6.B.
Spec 2.A.
STAFF SPONSOR: NORA GIERLOFF
ORIGINAL AGENDA DATE: 10/28/24
AGENDA ITEM TITLE Temporary Encampment Ordinance
CATEGORY ® Discussion
Mt Date 10/28/24
® Motion
Mtg Date
10/28/24
❑ Resolution
Mtg Date
® Ordinance
Mtg Date 10/28/24
❑ Bid Award
Mtg Date
® Public Hearing
Mtg Date 10/28/24
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
The proposal is to enact specific regulations for Temporary Encampments consistent with
RCW 35A.21.360. The ordinance would create an approval process and regulations to
protect public health and safety. The Council is being asked to consider and approve the
ordinance.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC
DATE:
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
CoMMI I"I EE NA
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$0
AMOUNT BUDGETED
$
APPROPRIATION REQUIRED
$
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
10/28/24
MTG. DATE
ATTACHMENTS
10/28/24
Informational Memorandum dated 10/28/24
Draft Temporary Encampment Ordinance
Text of RCW 35A.21.360
107
108
TO:
FROM:
CC:
DATE:
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
Tukwila City Council
Nora Gierloff, DCD Director
Thomas McLeod, Mayor
October 28, 2024
SUBJECT: Temporary Encampment Ordinance
ISSUE
Should the City regulate temporary encampments hosted by religious institutions through
adoption of an ordinance creating a process and procedures for this use?
BACKGROUND
Tukwila has a decades long history of allowing Tent Cities to locate at sites within the City for up
to 3 months at a time without permitting, as the hosting of such temporary encampments has
been considered within the mission of religious institutions. Revised Code of Washington (RCW)
35A.21.360 was updated in 2020 to give religious institutions expansive rights to host various
types of accommodation for homeless populations including encampments, indoor shelters, tiny
house villages, and safe parking lots.
While cities may require permits and impose some conditions on temporary encampments,
there are limitations. Any local regulations:
• Are limited to protecting public health and safety
• Cannot substantially burden the proposed use
• May not require that the religious organization obtain insurance pertaining to the liability of
a municipality with respect to homeless persons housed on property owned by a religious
organization or otherwise require the religious organization to indemnify the city against
liability
• Must allow encampments for 4 consecutive months or up to 6 months during a calendar
year (code cities may require a separation of up to three months between encampments at
a particular site)
• May require a 1,000-foot separation between encampments
• Prior to the opening of an outdoor encampment, the organization must host a
neighborhood meeting for which the city provides public notice.
The City considered regulating encampments at the end of 2023 but held off on making any
changes while there was an active encampment at Riverton Park United Methodist Church. The
City run tent at that site is due to be removed around the end of October and there are currently
not any individual tents being occupied so this is an opportune time to adopt regulations.
DISCUSSION
Many cities in the Puget Sound region, such as Issaquah, Kirkland, Normandy Park, Edmonds,
Olympia, Seattle, Bainbridge Island, Des Moines, Redmond, Renton, Sammamish, and SeaTac,
have adopted ordinances regulating tent encampments. These ordinances generally follow the
requirements outlined in RCW 35A.21.360 and summarized above. Staff has developed a
similar ordinance for Tukwila, see Attachment A.
109
INFORMATIONAL MEMO
Page 2
This draft ordinance requires a permit application and fee, appropriately sized sanitation
facilities, a screening fence, limitation of no more than 40 residents, a code of conduct, a
transportation plan, sex offender and warrant checks, fire safety compliance, and a requirement
to follow all applicable state and agency regulations. This draft ordinance states that
encampments are intended for adults but does not preclude families if no other shelter is
available. However, many of the neighboring jurisdictions do not allow children to live in
encampments.
The ordinance also requires that encampments follow the Tent City model and rotate to different
sites every four months. There is some benefit to aligning our ordinance with those of other
cities to facilitate the ability of the encampment to rotate among other regional hosts. Significant
violations of the code requirements may result in suspension or revocation of the permit at the
City's discretion.
Under the recently adopted ordinance implementing the Local Project Review Act (SB 5290) the
Council may hold its own hearing and adopt changes to the Zoning Code without forwarding the
issue to the Planning Commission for a recommendation. The Council could consider using this
streamlined process in order to adopt regulations before another encampment is established.
FINANCIAL IMPACT
There will be no direct financial impacts due to adoption of the ordinance. The City already has
incurred costs related to the past and current encampment at Riverton Park United Methodist
Church.
RECOMMENDATION
The Council is being asked to review the ordinance, hold a public hearing, and either adopt it
tonight at the Special Meeting or forward it to the November 4th Regular Meeting.
ATTACHMENTS
A. Draft Temporary Encampment Ordinance
B. Text of RCW 35A.21.360
110
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Final agendas/10-28-24 Council/Encampment Ordinance/Encampment Memo 10-28-24.docx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING ZONING REGULATIONS
REGARDING TEMPORARY ENCAMPMENTS PURSUANT TO
RCW 35A.21.360; ESTABLISHING TUKWILA MUNICIPAL CODE
(TMC) CHAPTER 18.48, "TEMPORARY ENCAMPMENTS";
AMENDING VARIOUS ORDINANCES AS CODIFIED AT TMC
SECTION 18.104.010, "CLASSIFIWION OF PROJECT PERMIT
APPLICATIONS"; ADOPTING SUPPORTIVE FINDINGS;
PROVIDING FOR SEVERA$LITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, a regional housing shortage and unaffordable housing costs have led
to an increase in the unhoused population in our region; and
WHEREAS, some religiou e tions find it within their mission to offer support and
shelter to unhoused persons; an
WHEREAS, the City Council desires to develop reasonable occupancy, spacing,
and intensity of use requirements for encampments to protect public health and safety,
provided the requirements do not preclude the siting of encampments by religious
institutions per RCW 35A.21.360; and
WHEREAS, no comments were received by the City in response to the required 60-
day notice to the Department of Commerce; and
WHEREAS, a SEPA determination of non -significance was issued for the draft code
changes for temporary encampment regulations on October 3, 2024; and
WHEREAS, the Tukwila City Council held a properly noticed public hearing on the
ordinance on October 28, 2024;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
2024 Legislation: Temporary Encampments
Version: 10/9/24
Staff: N. Gierloff
Page 1 of 8
111
Section 1. Adoption of Findings of Fact. The City Council finds as follows:
A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as
Findings of Fact in support of the adoption of this ordinance.
B. The amendments that are established below comply with the requirements of
the Washington State Growth Management Act and the Tukwila Municipal
Code.
Section 2. TMC Chapter 18.48 Established. Tukwila Municipal Code (TMC)
Chapter 18.48 is hereby established to read as follows:
Sections:
18.48.010
18.48.020
18.48.030
18.48.040
CHAPTER 18.48
TEMPORARY ENCAMPMENTS
Purpose
Application for Temporary En .men
Criteria of Approval and Operation
Revocation of Permit
Section 3. Regulations Established.
read as follows:
18.48.010 Purpose
A. The purpose of this
of Tukwila in com.liance with
standards and require
health and safety a
organizations rega
such religious or•aniz
Section 4. Regu
established to read as follow
mit
8.48.010 is hereby established to
e temporary encampments within the City
and definitions of RCW 35A.21.360. The
llapter are the minimum necessary to protect the public
ially burden the decisions or actions of religious
of ousing or shelter for persons on property owned by
Established. TMC Section 18.48.020 is hereby
18.48.020 Application for Temporary Encampment Permit
A. A temporary encampment is an allowed use only on property owned or
controlled by a religious organization that is acting as either the host agency or the
managing agency, or both, for the temporary encampment.
B. The application for a temporary encampment permit must be accompanied by
an application fee established by resolution of the City Council. The application fee shall
be based on actual costs associated with the review and approval of the application. The
aWication shall not be considered complete unless and until the application fee is paid.
C. An application for a temporary encampment permit must be filed at least 30 days
before the date on which the temporary encampment is proposed to move onto the
2024 Legislation: Temporary Encampments
Version: 10/9/24
Staff: N. Gierloff
Page 2 of 8
112
proposed location; provided, that the City may agree to a shorter period in the case of an
emergency beyond the control of the host agency and managing agency.
D. An application for a temporary encampment permit shall be processed as a
Type 2 decision, subject to the provisions found at TMC Chapter 18.104.
E. Informational Meeting: Prior to the opening of a Temporary Encampment, the
host and/or managing agency shall participate in a community information meeting in
coordination with the Department. The purpose of the meeting is to provide the
surrounding community with information regarding the proposed duration and operation
of the temporary encampment, conditions that will likely be placed on the operation of
said encampment, requirements of the written code of conduct, and to answer questions
regarding the temporary encampment. Comments provided to the Department at the
community informational meeting shall not be used as a basis for consideration of the
permit application.
1. Notice of Meeting: At least 10 days prior to the meeting, notice shall be
provided via all the following methods:
a. Mailed notice shall be issued to owners of record of property within
500 feet of the site, and to the occupants thereof to the extent the street addresses of
such properties are different than the mailing addresses of the owners.
b. Posted notice shall 'ded he applicant in accordance with
the requirements for Type 2 permits fou e n 18.104.110.
c. Notice shall
have requested notices of sp
F. A decision grantin
encampment permit s
T •e 2 •ermit deci
the City's website and to all entities who
conditions, or denying a temporary
to appeal as provided in TMC Chapter 18.116 for
Section 5. R . lation - Established. TMC Section 18.48.030 is hereby
established to read as f
18.48.030 Criteria of Approval and Operation
A. An application for a Temporary Encampment permit shall demonstrate
compliance with all the following requirements, in addition to any other requirements
imposed by this chapter, prior to permit issuance. If at any point during the operation of a
Temporary Encampment the Department determines that the criteria of approval and
operation are not being met, the permit may be suspended or revoked by the Department
pursuant to TMC Section 18.48.040.
1. The property or building shall be of sufficient size to accommodate the
proposed number of tents and the on -site facilities required by this section. The maximum
number of occupants shall be determined by taking into consideration the size and
conditions of the proposed site; however, no encampment may exceed 40 occupants
regardless of site conditions.
2024 Legislation: Temporary Encampments
Version: 10/9/24
Staff: N. Gierloff
Page 3 of 8
113
2. Adequate provision shall 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
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 hauler; and
d. A food service tent or other food service building or facility meeting
health department and fire safety requirements; and
e. A management tent or other ma , gent office or facility providing
administrative and security services and readily ides residents and visitors.
abl
3. The temporary encampment sha eet - I setb
in which the property is located; provided, th
property containing residential uses, the tempor
from the property line.
4. A six -foot -tall sight obscuri
of the temporary encampmen
vegetation, topographic variat'
of the use from adjacent p
monitored.
tem
orar
5. Exterio
encam
ess
er s
Entry
er
for the zoning district
e tempo . ry encampment abuts
ampment shall be set back 20 feet
provided around the perimeter
Ity . -termines that there is sufficient
conditions to provide equivalent screening
ints into the site should be limited and
directed downward and contained within the
t may not be permitted to open while there is a
simultaneous encampme ' • .ting within 1000 feet.
7. Required minimum on -site parking for the host site's permanent/other uses
shall not be either displaced by said encampment or used to meet said encampment's
parking requirements, unless a shared parking agreement is executed with adjacent
properties to compensate.
6. A new
8. No animals shall be permitted in the temporary encampment, except for
service animals.
9. The managing agency and/or the host agency shall submit a code of
conduct for the temporary 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.
2024 Legislation: Temporary Encampments
Version: 10/9/24
Staff: N. Gierloff
Page 4 of 8
114
b. A prohibition on the possession of quns, 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 designated smoking area shall be provided on site in the location
which would result in the least impact on neighboring properties based on distance.
f. A prohibition on trespassing into private property in the surrounding
neighborhood.
g.
A prohibition on loitering in the surrounding neighborhood.
h. Hours during which quiet is to be observed.
10. A transportation plan shall be submitted by,
host agency providing for access to transit.
11. The temporary encampment shall c• .1y with gulations of Washington
State, the City of Tukwila, and the best practic- Iste• ' the County Public Health
Sanitation and Hygiene Guide for Home . ice Pro ders. The temporary
encampment shall comply with the re • uireme .f the International Fire Code and
Washington Cities Electrical Code as - ed b - City of Tukwila. The managing
agency and host agency shall permit in' - .t - -asonable times by appropriate
public officials from the agencies enforcing for code compliance.
12. The managing , nc all t. - all reasonable and legal steps to obtain
verifiable identification from nts of the temporary encampments and
use the identification to obtain _ and warrant checks from the appropriate
agency. If the warra • der check reveals that a prospective resident or
existing resident i sex off- er • is required to register with police or that the
prospective residen an outs ndinq warrant, the manaqinq agency shall immediately
contact the Tukwila a D= rtment. If someone is rejected or ejected from the
temporary encampment - e reasonable opinion of the on -duty member or on -duty
security staff, the rejected : -cted person is a potential threat to the community, the
managing agency shall immediately contact the Tukwila Police Department.
13. Adequate access for fire and emergency medical apparatus shall be
provided.
14. Adequate separation between tents and other structures shall be
maintained in order to limit fire exposure and provide for emergency exiting by residents,
15. Temporary Encampment permits may be approved for a time period not to
exceed four consecutive months. The encampment shall vacate the site for at least three
months before another permit may be issued. No temporary encampment shall be
permitted on any single property for more than 6 months in any calendar year.
managing agency and/or the
2024 Legislation: Temporary Encampments
Version: 10/9/24
Staff: N. Gierloff
Page 5 of 8
115
16. The managing agency shall appoint a member to serve as a point of contact
for the Tukwila Police Department. At least one member shall be on duty at all times at
said encampment. The names of the on -duty members shall be posted daily.
17. Encampments are primarily intended to shelter adults. The managing
agency may only permit children under the age of 18 to stay overnight at a Temporary
Encampment if more suitable overnight accommodation for the child and parent or
guardian is unavailable. If a child under the age of 18, either alone or accompanied by a
parent or guardian, attempts to stay overnight, the camp host/manager shall endeavor to
find alternative shelter for the child and any accompanying parent or guardian.
18. The temporary encampment shall not be materially injurious to the public
health, safety, and welfare, or materially injurious to the property or improvements in the
immediate vicinity.
Section 6. Regulations Established.
established to read as follows:
18.48.040 Revocation of Permit
A. The Department may suspend or re
violations of any of the requirements of •'s c
based on the time needed to correct t
revoke a temporary encampment permit
examiner, but the stay will be -. if t
Decisions of the hearing e on a
revocation may be appeale• g Co
36.70C RCW.
TMC—Section
18.48.040 is hereby
emporary encampment permit for
ha The length of suspension shall be
decision of the Department to
urinq any appeal to the hearing
xaminer upholds the revocation.
mporary homeless encampment permit
ty Superior Court as provided in chapter
Section 7. TMC Section 18.104.010 Amended. Ordinance Nos. 2119 §1, 2135
§19, 2235 §19, §2251 §75, 2368 §70, 2442 §6, 2627 §32, 2649 §11, 2678 §22, and 2718
§6 as codified at TMC Section 18.104.010, "Classification of Project Permit Applications,"
subparagraph 1 and 2, ar hereby amended to read as follows:
1. Type 1 Decisions are made by City administrators who have technical expertise,
as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner
who will hold a closed record appeal hearing based on the information presented to City
administrator who made the decision.
TYPE 2 DECISIONS
TYPE OF PERMIT
DECISION MAKER
Temporary Encampment Permit Revocation (TMC
Director
Chapter 18.481
Administrative Variance for Noise — 30 days or less
(TMC Section 8.22.120)
Director
2024 Legislation: Temporary Encampments
Version: 10/9/24
Staff: N. Gierloff
Page 6 of 8
116
Any land use permit or approval issued by the City,
unless specifically categorized as a Type 2, 3, 4, or 5
decision by this chapter
As specified by ordinance
Boundary Line Adjustment, including Lot Consolidation
(TMC Chapter 17.08)
Director
Minor Modification of a Boundary Line Adjustment or
Lot Consolidation Preliminary Approval (TMC Section
17.08.030)
Director
Development -Permit
Building Official
Minor Modification to Design Review Approval -(TMC
Section 18.60.030)
Director
Minor Modification to PRD (TMC Section 18.46.130)
Director
Signs (TMC Section 19.12.020)
Director
Tree Permit (TMC Chapter 18.54)
Director
Wireless Communication Facility, Eligible Facilities
(TMC Chapter 18.58)
Director
2. Type 2 Decisions are decisions that are
certain cases, other City administrators or commi
record appeal to the Hearing Examiner, or, in t
the State Shorelines Hearings Board pursuan
TYP
TYPE OF PERMIT
Temporary Encampment Per
(TMC Chapter 18.48)
Critical Areas (except Reaso1
Use Exception
(TMC Chapter .45)
D ALL E
Director
Shoreline Substantial
Development Permit*
(TMC Chapter 18.44)
Director
Design Review
(TMC Section 18.60.020)
Director
Short Subdivisions
(TMC Chapter 17.12)
Short Subdivision
Committee
Administrative Planned Residential
Development
(TMC Section 18.46.110)
Short Subdivision
Committee
Binding Site Improvement Plan
(TMC Chapter 17.16)
Short Subdivision
Committee
ade by the Director or, in
h are subject to an open
permits, an appeal to
NOTICING
REQUIREMENTS
Type:
Notice of Meeting
(TMC Section
18.48.020(E))
Type:
Notice of Application
(TMC Section
18.104.080)
Method of Notice:
Posted
(TMC Section
18.104.110)
*Additional Notice
Requirements for
Shoreline Applications
(TMC Section
18.104.090(2))
Section 8. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
2024 Legislation: Temporary Encampments
Version: 10/9/24
Staff: N. Gierloff
Page 7 of 8
117
Section 9. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2024.
ATTEST/AUTHENTICATED:
Andy Youn, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
2024 Legislation: Temporary Encampments
Version: 10/9/24
Staff: N. Gierloff
Thomas M. od, Mayor
Filed t' . ity Clerk:
Pa • by the Council:
P
ate:
ce Number:
Page 8 of 8
118
RCW 35A.21.360 Hosting the homeless by religious organizations —
When authorized —Requirements —Prohibitions on local actions. (1) A
religious organization may host 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) Except as provided in subsection (7) of this section, a code
city 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, such as an outdoor encampment, indoor
overnight shelter, temporary small house on -site, or vehicle resident
safe parking, for homeless persons on property owned or controlled 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;
(c) Imposes permit fees in excess of the actual costs associated
with the review and approval of permit applications. A code city has
discretion to reduce or waive permit fees for a religious organization
that is hosting the homeless;
(d) Specifically limits a religious organization's availability
to host an outdoor encampment on its property or property controlled
by the religious organization to fewer than six months during any
calendar year. However, a code city may enact an ordinance or
regulation that requires a separation of time of no more than three
months between subsequent or established outdoor encampments at a
particular site;
(e) Specifically limits a religious organization's outdoor
encampment hosting term to fewer than four consecutive months;
(f) Limits the number of simultaneous religious organization
outdoor encampment hostings within the same municipality during any
given period of time. Simultaneous and adjacent hostings of outdoor
encampments by religious organizations may be limited if located
within one thousand feet of another outdoor encampment concurrently
hosted by a religious organization;
(g) Limits a religious organization's availability to host safe
parking efforts at its on -site parking lot, including limitations on
any other congregationally sponsored uses and the parking available to
support such uses during the hosting, except for limitations that are
in accord with the following criteria that would govern if enacted by
local ordinance or memorandum of understanding between the host
religious organization and the jurisdiction:
(i) No less than one space may be devoted to safe parking per ten
on -site parking spaces;
(ii) Restroom access must be provided either within the buildings
on the property or through use of portable facilities, with the
provision for proper disposal of waste if recreational vehicles are
hosted; and
(iii) Religious organizations providing spaces for safe parking
must continue to abide by any existing on -site parking minimum
requirement so that the provision of safe parking spaces does not
Certified on 7/12/2024 RCW 35A.21.360
Page 1
119
reduce the total number of available parking spaces below the minimum
number of spaces required by the code city, but a code city may enter
into a memorandum of understanding with a religious organization that
reduces the minimum number of on -site parking spaces required;
(h) Limits a religious organization's availability to host an
indoor overnight shelter in spaces with at least two accessible exits
due to lack of sprinklers or other fire -related concerns, except that:
(i) If a code city fire official finds that fire -related concerns
associated with an indoor overnight shelter pose an imminent danger to
persons within the shelter, the code city may take action to limit the
religious organization's availability to host the indoor overnight
shelter; and
(ii) A code city may require a host religious organization to
enter into a memorandum of understanding for fire safety that includes
local fire district inspections, an outline for appropriate emergency
procedures, a determination of the most viable means to evacuate
occupants from inside the host site with appropriate illuminated exit
signage, panic bar exit doors, and a completed fire watch agreement
indicating:
(A) Posted safe means of egress;
(B) Operable smoke detectors, carbon monoxide detectors as
necessary, and fire extinguishers;
(C) A plan for monitors who spend the night awake and are
familiar with emergency protocols, who have suitable communication
devices, and who know how to contact the local fire department; or
(i) Limits a religious organization's ability to host temporary
small houses on land owned or controlled by the religious
organization, except for recommendations that are in accord with the
following criteria:
(i) A renewable one-year duration agreed to by the host religious
organization and local jurisdiction via a memorandum of understanding;
(ii) Maintaining a maximum unit square footage of one hundred
twenty square feet, with units set at least six feet apart;
(iii) Electricity and heat, if provided, must be inspected by the
local jurisdiction;
(iv) Space heaters, if provided, must be approved by the local
fire authority;
(v) Doors and windows must be included and be lockable, with a
recommendation that the managing agency and host religious
organization also possess keys;
(vi) Each unit must have a fire extinguisher;
(vii) Adequate restrooms must be provided, including restrooms
solely for families if present, along with handwashing and potable
running water to be available if not provided within the individual
units, including accommodating black water;
(viii) A recommendation for the host religious organization to
partner with regional homeless service providers to develop pathways
to permanent housing.
(3)(a) A code city may enact an ordinance or regulation or take
any other action that requires a host religious organization and a
distinct managing agency using the religious organization's property,
owned or controlled by the religious organization, for hostings to
include outdoor encampments, temporary small houses on -site, indoor
overnight shelters, or vehicle resident safe parking to enter into a
memorandum of understanding to protect the public health and safety of
both the residents of the particular hosting and the residents of the
code city.
Certified on 7/12/2024
120
RCW 35A.21.360 Page 2
(b) At a minimum, the agreement must include information
regarding: The right of a resident in an outdoor encampment, vehicle
resident safe parking, temporary small house on -site, or indoor
overnight shelter to seek public health and safety assistance, the
resident's ability to access social services on -site, and the
resident's ability to directly interact with the host religious
organization, including the ability to express any concerns regarding
the managing agency to the religious organization; a written code of
conduct agreed to by the managing agency, if any, host religious
organization, and all volunteers working with residents of the outdoor
encampment, temporary small house on -site, indoor overnight shelter,
or vehicle resident safe parking; and when a publicly funded managing
agency exists, the ability for the host religious organization to
interact with residents of the outdoor encampment, indoor overnight
shelter, temporary small house on -site, or vehicle resident safe
parking using a release of information.
(4) If required to do so by a code city, any host religious
organization performing any hosting of an outdoor encampment, vehicle
resident safe parking, or indoor overnight shelter, or the host
religious organization's managing agency, must ensure that the code
city or local law enforcement agency has completed sex offender checks
of all adult residents and guests. The host religious organization
retains the authority to allow such offenders to remain on the
property. A host religious organization or host religious
organization's managing agency performing any hosting of vehicle
resident safe parking must inform vehicle residents how to comply with
laws regarding the legal status of vehicles and drivers, and provide a
written code of conduct consistent with area standards.
(5) Any host religious organization performing any hosting of an
outdoor encampment, vehicle resident safe parking, temporary small
house on -site, or indoor overnight shelter, with a publicly funded
managing agency, must work with the code city to utilize Washington's
homeless client management information system, as provided for in RCW
43.185C.180. When the religious organization does not partner with a
managing agency, the religious organization is encouraged to partner
with a local homeless services provider using the Washington homeless
client managing information system. Any managing agency receiving any
funding from local continuum of care programs must utilize the
homeless client management information system. Temporary, overnight,
extreme weather shelter provided in religious organization buildings
does not need to meet this requirement.
(6) For the purposes of this section:
(a) "Managing agency" means an organization such as a religious
organization or other organized entity that has the capacity to
organize and manage a homeless outdoor encampment, temporary small
houses on -site, indoor overnight shelter, and a vehicle resident safe
parking program.
(b) "Outdoor encampment" means any temporary tent or structure
encampment, or both.
(c) "Religious organization" means the federally protected
practice of a recognized religious assembly, school, or institution
that owns or controls real property.
(d) "Temporary" means not affixed to land permanently and not
using underground utilities.
(7)(a) Subsection (2) of this section does not affect a code city
policy, ordinance, memorandum of understanding, or applicable consent
decree that regulates religious organizations' hosting of the homeless
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if such policies, ordinances, memoranda of understanding, or consent
decrees:
(i) Exist prior to June 11, 2020;
(ii) Do not categorically prohibit the hosting of the homeless by
religious organizations; and
(iii) Have not been previously ruled by a court to violate the
religious land use and institutionalized persons act, 42 U.S.C. Sec.
2000cc.
(b) If such policies, ordinances, memoranda of understanding, and
consent decrees are amended after June 11, 2020, those amendments are
not affected by subsection (2) of this section if those amendments
satisfy (a)(ii) and (iii) of this subsection.
(8) 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.
(9) A religious organization hosting outdoor encampments, vehicle
resident safe parking, or indoor overnight shelters for the homeless
that receives funds from any government agency may not refuse to host
any resident or prospective resident because of age, sex, marital
status, sexual orientation, race, creed, color, national origin,
honorably discharged veteran or military status, or the presence of
any sensory, mental, or physical disability or the use of a trained
dog guide or service animal by a person with a disability, as these
terms are defined in RCW 49.60.040.
(10)(a) Prior to the opening of an outdoor encampment, indoor
overnight shelter, temporary small house on -site, or vehicle resident
safe parking, a religious organization hosting the homeless on
property owned or controlled by the religious organization must host a
meeting open to the public for the purpose of providing a forum for
discussion of related neighborhood concerns, unless the use is in
response to a declared emergency. The religious organization must
provide written notice of the meeting to the code city legislative
authority at least one week if possible but no later than ninety-six
hours prior to the meeting. The notice must specify the time, place,
and purpose of the meeting.
(b) A code city must provide community notice of the meeting
described in (a) of this subsection by taking at least two of the
following actions at any time prior to the time of the meeting:
(i) Delivering to each local newspaper of general circulation and
local radio or television station that has on file with the governing
body a written request to be notified of special meetings;
(ii) Posting on the code city's website. A code city is not
required to post a special meeting notice on its website if it: (A)
Does not have a website; (B) employs fewer than ten full-time
equivalent employees; or (C) does not employ personnel whose duty, as
defined by a job description or existing contract, is to maintain or
update the website;
(iii) Prominently displaying, on signage at least two feet in
height and two feet in width, one or more meeting notices that can be
placed on or adjacent to the main arterials in proximity to the
location of the meeting; or
(iv) Prominently displaying the notice at the meeting site.
[2020 c 223 s 4; 2010 c 175 s 4.]
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RCW 35A.21.360 Page 4
Findings—Intent-2020 c 223: See note following RCW 36.01.290.
Findings —Intent —Construction —Prior consent decrees and
negotiated settlements for temporary encampments for the homeless not
superseded-2010 c 175: See notes following RCW 36.01.290.
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