Ordinance 3815ORDINANCE NO. 3815
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A NEW CHAPTER 17.20 ECDC
RELATING TO TEMPORARY HOMELESS ENCAMPMENT
PERMITS AND FREQUENCY, DURATION, AND
CONDITIONS THEREFORE, AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds intends to protect the interests and needs of Edmonds
neighborhoods, while continuing to partner with Snohomish County to address homelessness;
and
WHEREAS, in the last several years, nearby jurisdictions were surprised by the arrival of
homeless encampments on property owned by local churches and/or temples with little or no
notice to the respective jurisdiction; and
WHEREAS, the absence of regulations that addressed homeless encampments in
neighboring jurisdictions did nothing to deter homeless encampments from establishing
themselves in the aforementioned neighboring jurisdictions, leaving these jurisdictions little time
to prepare an ordinance, give notice and opportunity to comment by neighborhood residents and
negotiate the terms of a permit; and
WHEREAS, there are constitutional and statutory constraints on the City's ability to
prevent or regulate homeless encampments in Edmonds; and
WHEREAS, the Washington Constitution does not prohibit government from requiring
religious institutions to go through the permit application process and allows government to
impose reasonable conditions concerning public health, safety and welfare on the use of
church/temple property; and
WHEREAS, the Edmonds Community Development Code does not currently have
specific provisions addressing temporary homeless encampments; and
WHEREAS, the City Council has determined that there is a need for zoning regulations
for the permitting of homeless encampments; and
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WHEREAS, the City Council has determined that if the City plans for the possibility of
homeless encampments in Edmonds, it will be better able to (a) avoid unnecessary litigation
costs that might otherwise be incurred due to the absence of an established permitting process;
(b) avoid complaints from neighborhood groups /residents that the homeless encampment was
allowed to ignore due process when it moved in without a permit; and (c) avoid the danger that
regulations adopted after the fact of a homeless encampment establishing itself may appear
arbitrary and capricious; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Adopted. A new Chapter 17.20 ECDC entitled Temporary Homeless Encampment is
hereby adopted to read as follows:
Chapter 17.20
TEMPORARY HOMELESS ENCAMPMENT
17.20.010 Definitions.
The following definitions shall apply to temporary homeless encampment permits and this
ordinance:
A. "Temporary Homeless Encampment" means a transient or interim gathering or
community residing out of doors on a site with services provided and supervised
by a sponsor or managing agency comprised of temporary enclosures (tents and
other forms of portable shelter that are not permanently attached to the ground),
which may include common areas designed to provide food, living and sanitary
services to occupants of the encampment.
B. "Managing Agency" means an organization that organizes and manages a
homeless encampment. A managing agency may be the same entity as the
sponsor.
C. "Sponsor" means a local place of worship or other local, community -based
organization that has an agreement with the managing agency to provide basic
services and support for the residents of a homeless encampment and liaison with
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the surrounding community and joins with the managing agency in an application
for a temporary homeless encampment permit. A "sponsor" may be the same
entity as the managing agency.
D. "Tent" means a temporary structure, enclosure or shelter constructed of fabric or
pliable material supported by any manner except by air or the contents that it
protects.
17.20.020 Temporary Homeless Encampments Permit.
Temporary homeless encampment permit, and regulations on processing the same, are hereby
established. A temporary homeless encampment permit shall be required for temporary
homeless encampment in the city. Temporary homeless encampments shall be permitted as a
secondary use at all zoning districts where Churches or Local Public Facilities are permitted as
primary uses. Public hearing shall be held and a decision on temporary homeless encampment
permit shall be issued by the Hearing Examiner as if it were a Type III -A decision. Establishing
such facilities contrary to the provisions of this ordinance is prohibited. If one is established in
violation of this ordinance, or if after a temporary homeless encampment permit is issued, the
Development Services Director determines that the permit holder has violated this ordinance or
any condition of the permit, the encampment, its sponsor and managing agency may be subject
to code enforcement pursuant applicable city codes.
17.20.030 Standards.
The following standards shall apply for processing applications for and approving temporary
homeless encampment permits:
A. No part of temporary homeless encampments shall encroach on setbacks between properties,
or into a critical areas or critical area buffer. The perimeter of the temporary homeless
encampment shall be located a minimum of 20 feet from any of the host location's property
line that abuts a neighboring property or right -of -way. Any tent, canopy or membrane
structure, as defined in Chapter 24 of the International Fire Code, must be located a
reasonably safe distance away from any building, parked vehicle, internal combustion
engines or other tent, canopy or membrane structure.
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B. A 6 -foot high sight- obscuring fence is required around the perimeter of the temporary
homeless encampment unless the Hearing Examiner determines that there is sufficient
vegetation, topographic variation, or other site condition such that fencing would not be
needed.
C. Exterior lighting must be directed downward and contained within the temporary homeless
encampment.
D. The maximum number of occupants within a temporary homeless encampment shall be
determined by taking into consideration the size and conditions of the proposed site,
however, it may not exceed 100 regardless of size or condition.
E. 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.
F. A transportation and parking plan is required which shall include provisions for transit
services and a minimum of 5 parking stalls dedicated exclusively for said encampment use.
G. The temporary homeless encampment shall be located within 1/4 mile of transit service.
H. The managing agency and sponsor shall not permit children under the age of 18 to stay
overnight in the temporary homeless encampment, unless circumstances prevent a more
suitable overnight accommodation for the child and parent or guardian. If a child under the
age of 18, either alone or accompanied by a parent or guardian, attempts to stay overnight,
the managing agency and sponsor shall endeavor to find alternative shelter for the child and
any accompanying parent or guardian. No children under 18 that are not accompanied by a
parent or guardian are allowed in the temporary homeless encampment.
I. The managing agency and sponsor shall provide and enforce within said encampment a
written code of conduct, which not only provides for the health, safety and welfare of the
temporary homeless encampment residents, but also mitigates impacts to neighbors and the
community.
J. The managing agency, sponsor and temporary homeless encampment residents shall ensure
compliance with applicable state statutes and regulations and local ordinances concerning,
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but not limited to, drinking water connections, solid waste disposal, human waste, outdoor
fire or burning, electrical systems, and fire resistant materials.
K. The managing agency and sponsor shall provide at said encampment sanitary portable toilets
in the number required to meet capacity guidelines by the manufacturer, self - contained hand
washing stations by the portable toilets and by the areas where food is either dispensed or
consumed communally, sufficient refuse receptacles, communal tents for food dispensing
and consumption, adequate number of fire extinguishers with appropriate rating, security
tent, and adequate source of water for both sanitation and drinking.
L. The managing agency and sponsor shall appoint a member to serve as a point of contact for
the Edmonds Police Department. At least one member must be on duty at all times at said
encampment. The names of the on -duty members shall be posted daily.
M. The managing agency and sponsor shall permit inspections of the temporary homeless
encampment by the Snohomish Health District, and timely implement all directives of the
Health District within the time period specified by the Health District. They shall
immediately report to the Health District suspected food poisoning, unusual prevalence of
fever, diarrhea, sore throat, vomiting, jaundice, productive cough, or when weight loss is a
prominent symptom among occupants.
N. The managing agency and sponsor shall take all reasonable and legal steps to obtain
verifiable identification from prospective temporary homeless encampment residents and use
the identification to obtain sex offender and warrant checks from the appropriate agency. All
legal requirements with respect to prospective residents identified as sex offenders or having
warrants shall be followed.
O. The managing agency and sponsor shall immediately contact the Edmonds Police
Department if someone is rejected or ejected from the temporary homeless encampment
where the reason for rejection or ejection is an active warrant or a match on a sex offender
check, or if, in the reasonable opinion of the on -duty member or on -duty security staff, the
rejected /ejected person is a potential threat to the community.
P. The managing agency and sponsor shall permit reasonable inspections of the temporary
homeless encampment by the city's code enforcement officers, building officials,
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Development Services Director, Fire Marshal or their designee. The managing agency and
sponsor shall implement all directives resulting from such inspections within 48 hours of
notice, unless otherwise noted.
Q. The managing agency and sponsor may not allow in said encampment without first obtaining
a building permit, any structure, other than tents, canopies or other membrane structures that
is greater than 120 square feet or provide shelter for more than 9 persons.
R. Said encampment shall not be materially detrimental to the public welfare or injurious to the
property or improvements in its vicinity.
S. Said encampment shall be in keeping with the goals and policies of the comprehensive plan.
T. All reasonable measures have been taken to minimize the possible adverse impacts, which
said encampment may have on the areas in which it is located.
U. Because each temporary homeless encampment has unique characteristics, including but not
limited to size, duration, uses, number of occupants and composition, the Hearing Examiner
shall have the authority to impose conditions to the issuance of the permit for temporary
homeless encampments to mitigate effects on the community upon finding that said effects
are materially detrimental to the public welfare or injurious to the property or improvements
in the vicinity. Conditions, if imposed, must relate to findings by the Hearing Examiner, and
must be calculated to minimize nuisance generating features in matters of noise, waste, air
quality, unsightliness, traffic, physical hazards and other similar matters that the temporary
homeless encampment may have on the area in which it is located. In cases where the
application for temporary homeless encampment does not meet the requirements and
standards of this ordinance or adequate mitigation may not be feasible or possible, the
Hearing Examiner shall deny issuance of a temporary homeless encampment permit.
17.20.040 Frequency and Duration.
The City shall not grant a temporary homeless encampment permit for the same location more
frequently than once in every 365 -day period. Temporary homeless encampments may be
approved for a period not to exceed 90 days for every 365 -day period. The site must be restored
to its pre - encampment conditions within one week after the permit expires.
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17.20.050 Procedural Requirements for Temporary Homeless Encampment Permit
Applications.
Notwithstanding any other provision in the Edmonds Community Development Code, the
following procedures shall apply in accepting, noticing, reviewing and otherwise processing
temporary homeless encampment permit applications (minor procedural variations that do not
cause substantial negative impact to the purpose, nature and intent of this ordinance shall not be
the sole cause for denying a temporary homeless encampment permit application):
A. Application for Temporary Homeless Encampment Permit:
A minimum of forty -five (45) days prior to the anticipated start of the encampment, the
sponsor and managing agency shall submit jointly an application for a temporary homeless
encampment permit to the Development Services Department. The completed application
shall contain at a minimum the following information:
1. The date that the temporary homeless encampment will commence.
2. The duration of said encampment.
3. The maximum number of residents proposed.
4. The host location.
5. The names of the managing agency and sponsor.
6. Detailed information on how the temporary homeless encampment will comply with the
requirements of this Chapter and the International Fire Code.
7. Copy of proposed code of conduct.
8. Permit application fee, which shall not exceed the actual cost associated with the review
and approval of said application.
9. Site Plan showing at least the following:
a) Method and Location of required screening.
b) Location of food and security tent.
c) Method and location of potable water.
d) Method and location of waste receptacles.
e) Location of required sanitary stations including toilets and hand washing facility.
f) Location of onsite parking and number of vehicles associated with the
encampment.
g) General location or arrangement of tents.
h) Access routes for emergency vehicles.
B. If the temporary homeless encampment includes tents or membrane structures in excess of
200 square feet, or canopies in excess of 400 square feet, as defined by the International Fire
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Code, permit and approval for the tent, canopy or membrane structure shall be obtained from
the Fire Marshal.
C. A notice of application and public hearing shall be provided within ten (10) days after the
City determines that the application is complete. Due to the administrative and temporary
nature of the permit, the comment period shall begin upon mailing of the notice of
application and shall end after ten (10) days. The notice shall contain, at a minimum, the
date of application, project location, proposed duration and operation of the temporary
homeless encampment, number of residents for said encampment, summary of conditions
that will likely be placed on the operation of said encampment and requirements of the
written code of conduct, instructions on submitting comments, and date and location of
public hearing.
D. The form of the application shall be provided by the Planning Department upon request by
the applicant. Within ten (10) days after the City determines that the application is complete,
notice of application and comment period shall be published, mailed and posted as follows:
1. An abbreviated copy of the notice must be published in the official newspaper of
the City.
2. A copy of the notice must be mailed to (1) owners of all real property within 300
feet of any boundary of the proposed temporary homeless encampment site; and
(2) any neighborhood organization in the vicinity of said site whose contact
information is known to or made known to the City.
3. Copies of the notice must be posted on the proposed temporary homeless
encampment site in a manner reasonably calculated to be visible to and readable
by persons traveling on the public right of way contiguous to said site.
E. Informational meeting and notice thereof:
The sponsor and/or managing agency shall participate in a community information meeting
organized by the City. Notice of the community informational meeting shall be mailed at
least ten (10) days before the meeting to those listed in subsection (D)(2) above. The
purpose of the meeting is to provide the surrounding community with information regarding
the proposed duration and operation of the temporary homeless encampment, conditions that
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will likely be placed on the operation of said encampment, requirements of the written code
of conduct, and to answer questions regarding the temporary homeless encampment. The
community informational meeting is not intended to be part of the official record of the
application.
F. Notices required in this section shall be provided by the City on behalf of the applicant.
17.20.060 Requesting Modification.
The Hearing Examiner may approve an application for temporary homeless encampment permits
with proposed standards or procedures that differ from those in this Chapter (except for standards
R, S, T, and U in ECDC 17.20.030 , which shall not be modified) only where, in addition to
satisfying all other requirements of this Chapter, the applicant submits a description of the
standard or procedure to be modified and demonstrates that the modifications results in a safe
homeless encampment for its residents, mitigates impacts to neighbors and the community under
the specific circumstances of the application, constitutes an accommodation of protected
religious, humanitarian and or charitable exercise by the applicant and would otherwise
substantially burden its decisions or actions, as a religious organization (as defined in RCW
35A.21.360), regarding the location of housing or shelter for homeless persons on property it
owns.
17.20.070 Notice of Decision.
The Hearing Examiner shall issue a final decision on the permit application within seven (7)
days of the hearing. If issued, the permit for the temporary homeless encampment shall be
issued jointly to the Sponsor and Managing agency. A copy of the decision, along with
information for appealing the decision, shall be mailed promptly to applicant and parties of
record. Any appeal of the Hearing Examiner's final decision shall be made to Snohomish
County Superior Court in accordance with Chapter 36.70C RCW.
17.20.080 Indemnification and Hold Harmless Requirements.
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The Sponsor and/or Managing Agency shall provide a written indemnification and hold harmless
agreement stating that the City is not responsible for the actions, inactions or omissions of the
Sponsor, Managing Agency or of any resident of the temporary homeless encampment. The
Sponsor and /or Managing Agency shall indemnify, defend and hold the City, its officials,
officers, employees, agents and volunteers, past and present, harmless from any and all claims of
liability of any nature whatsoever for the injury to or death of any person or damage to any
property, real or personal, including attorney's fees, arising out of or occasioned in any manner
by reason of the following: (a) the actions, inactions or omissions of the Sponsor and Managing
Agency or any encampment resident; and (b) the City's lawful entry into the temporary homeless
encampment to enforce this Ordinance. This section, however, shall not apply when the Sponsor
of the temporary homeless encampment is a "religious organization" as defined in RCW
35A.21.360.
17.20.090 Enforcement.
Violations of this Ordinance are punishable under Chapter 20.110 ECDC, Chapter 5.50 ECC and
as otherwise provided by law, and are subject to criminal prosecution, injunctive and other forms
of relief which the City may seek.
17.20.100 Conflict.
In the event that there is a conflict between the provisions of this Ordinance and any other City
ordinance, the provisions of this ordinance shall control.
17.20.110 No intent to create protected/benefited class.
This Chapter is intended to promote the health, safety and welfare of the general public. Nothing
contained in this Chapter is intended to be nor shall be construed to create or otherwise establish
any particular class or group of persons who will or should be especially protected or benefited
by the provisions in this Chapter. This Chapter is not intended to be, nor shall be, construed to
create any basis for liability on the part of the City, its officials, officers, employees or agents for
any injury or damage that an individual, class or group may claim arises from any action or
inaction on the part of the City, its officials, officers, employees or agents. Nothing contained in
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this Chapter is intended to, nor shall be construed to, impose upon the City any duty that can
become the basis of a legal action for injury or damage.
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance
should be held invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 3. Ordinance to be Transmitted to Department. 'Pursuant to RCW 36.70A.106, this
Ordinance shall be transmitted to the Washington Department of Community, Trade, and
Economic Development as required by law.
Section 4. Effective Date. The ordinance shall take effect and be in full force thirty days (30)
days after publication of the attached Summary which is hereby approved.
APPROVED:
MA OR MIKE COOPE
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OFT Y AT EY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 10/29/2010
PASSED BY THE CITY COUNCIL: 11/01/2010
PUBLISHED: 11/07/2010
EFFECTIVE DATE: 12/07/2010
ORDINANCE NO. 3815
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SUMMARY OF ORDINANCE NO. 3815
of the City of Edmonds, Washington
On the 1St day of November, 2010, the City Council of the City of Edmonds, passed
Ordinance No. 3815. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ADOPTING A NEW CHAPTER 17.20 ECDC RELATING TO
TEMPORARY HOMELESS ENCAMPMENT PERMITS AND
FREQUENCY, DURATION, AND CONDITIONS THEREFORE, AND
FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of November, 2010.
'd'� W. e4'
ITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
Fn,y
i�c. 1390
SUMMARY OF ORDINANCE NO. 3815
of the City of Edmonds, Washington
i On the 1st day of November, 2010, the City Council of the City of
i- Edmonds; passed Ordinance No. 3815. A summary of the content
of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING -
TON, ADOPTING A NEW CHAPTER 17.20 ECDC RELAT-
ING TO TEMPORARY HOMELESS ENCAMPMENT PER -
MITS AND FREQUENCY, DURATION, AND CONDITIONS
THEREFORE, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of November,. 2010.
CITY CLERK, SANDRA S. CHASE
Published: November 7 2010.
NOV I - 2010
Affidavit of Publication
S.S.
The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Courtof Snohomish County and that the notice
Summary of Ordinance No. 3815
Adopting a New Chapter 17.20
a printed copy of which is hereunto attached, was published in said newspaper proper and not in
supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
November 07, 2010
and that said newspaper was regularly ' tnbuted to its subscribers during all of said period.
j Principal Clerk
�y� ®a,04'i90 l613ivt9 ?; i.�
4��iscli6 l� Ito before me this 8th
'0.".e - ;��`�.e�.�;f�7'•�J�t�, �°j
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No X11
71A 1%
of Washington, residing at Everett, Snohomish
Account Name: City of Edmonds Account Number: 101416 Order Number: 0001717039