CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to land use and zoning; amending Sections 23.54.015, 23.76.004, 23.76.006, and 23.76.032 of the Seattle Municipal Code; and adding new Section 23.42.056; to permit transitional encampments for homeless individuals as an interim use on City-owned or private property.

WHEREAS, there is a well-documented history of homelessness in Seattle and a demonstrated need for additional facilities to address the issue;

WHEREAS in 2012, the Council added a Comprehensive Plan goal to, "Guide the operation of safe and healthy transitional encampments to allow temporary shelter for those who are homeless;"

WHEREAS, temporary encampments hosted by qualified organizations as authorized by C.B. 117791 and religiousfacilities as authorized by Ordinance 123729, must provide, at a minimum, running water and toilets for people in the encampments; and

WHEREAS, agreements are encouraged between transitional encampment operators and the owner of the property where an encampment is located to provide encampment rules that extend beyond zoning standards, including prohibiting alcohol, drugs, weapons, and sex offenders; or establishing rules for children in encampments; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. A new Section 23.42.056 to the Seattle Municipal Code is adopted as follows:

23.42.056 Transitional Encampment Interim Use

A Type I Master Use Permit may be issued for a transitional encampment interim use according to the requirements of this Section 23.42.056.

A. Operation. The transitional encampment interim use shall meet the following requirements:

1. The encampment shall be operated by a private party that has prepared an encampment operations plan addressing: site management, maintenance, and security.

2. The operator shall have prior experience managing and operating shelters, low-income housing, or homeless encampments. The permit applicant shall include documentation that the encampment operator meets this standard when applying for a transitional encampment interim use permit.

3. The Director shall adopt a rule according to subsection 23.88.010.A that provides for:

a. Community outreach standards that the encampment operator shall comply with before filing a transitional encampment interim use permit application; at a minimum outreach standards shall contain a requirement that the Department and encampment operator convene at least one public meeting in the neighborhood where the transitional encampment is proposed to be established prior to issuance of a permit;

b. A requirement that the City and encampment operator establish a Community Advisory Committee to provide input on the operation of the proposed transitional encampment including identifying methods for handling community complaints or concerns as it relates to the facility and clients of the facility; the Community Advisory Committee will include those individuals identified by major stakeholder groups in the area as best suited to represent their interests; City staff and encampment operator representatives will attend Advisory Committee meetings to answer questions and will provide regular reports to the Advisory Committee concerning the operation of the facility; and

c. Encampment operations standards the encampment operator shall implement while an encampment is operating.

B. Location. The transitional encampment interim use shall be located on property meeting the following requirements:

1. The property is zoned Industrial, Downtown, SM, NC2, NC3, C1, or C2.

2. The property is at least 25 feet from any residentially-zoned lot.

3. A property may be less than 25 feet from a residentially-zoned lot and used as an encampment site if:

a. All encampment facilities, improvements, activities, and uses are located at least 25 feet from any residentially-zoned lot. Access to the encampment site may be located within this 25-foot setback area.

b. Screening is installed and maintained along each encampment boundary, except boundaries fronting on a public street. The screening may consist of: vegetation, existing or installed that is sufficiently dense to obscure viewing the encampment site; or a 6-foot high view-obscuring fence or wall.

4. The property is owned by the City of Seattle or a private party.

5. The property is within 1/2 mile of a transit stop. This distance shall be the walking distance measured from the nearest transit stop to the lot line of the lot containing the transitional encampment interim use.

6. The property is, as measured by a straight line, at least 2 miles from any other legally-established transitional encampment interim use.

7. The property is 5,000 square feet or larger and provides a minimum of 100 square feet of land area for each occupant that is permitted to occupy the transitional encampment site.

8. The property does not contain a wetland, wetland buffer, steep slope, steep slope buffer, or fish and wildlife habitat conservation area defined and regulated by Chapter 25.09, Regulations for Environmentally Critical Areas, unless all encampment facilities, improvements, activities, and uses are located outside any critical area and required buffer as provided for in Chapter 25.09.

9. The encampment site is not used by an existing legally-permitted use for code or permit-required purposes including but not limited to parking or setbacks.

10. The property is not an unopened public street right of way or property designated as a park, playground, viewpoint, or multi-use trail by the City or King County.

C. Additional requirements. The transitional encampment interim use shall meet the following requirements:

1. The transitional encampment interim use shall meet the requirements for transitional encampment accessory uses in subsections 23.42.054.B and 23.42.054.C; and

2. The operator of a transitional use encampment located on City-owned property shall obtain and maintain in full force and effect, at its own expense, liability insurance naming the City as an additional insured in an amount sufficient to protect the City from:

a. All potential claims and risks of loss from perils in connection with any activity that may arise from or be related to the operator's activity upon or the use or occupation of the public place allowed by the permit and

b. Claims and risks in connection with activities performed by the operator by virtue of the permission granted by the permit.

D. Duration and timing. The transitional encampment interim use shall meet the following requirements:

1. A permit for a transitional encampment under this Section 23.42.056 may be authorized for up to one year and may not be renewed.

2. At least 12 months shall elapse before an encampment use may be located on any portion of a property where an encampment was previously located.

E. Limit on the number of encampments. The Director shall not permit more than three interim use encampments or interim use encampments providing shelter for more than three hundred persons, whichever is greater, at any one time.

Section 2. Table A for 23.54.015 of the Seattle Municipal Code, last amended by Ordinance 123963, is amended as follows:

23.54.015 Required parking

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Section 3. Table A for 23.76.004 of the Seattle Municipal Code, last amended by Ordinance 123963, is amended as follows:

23.76.004 Land use decision framework

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(( Table A for 23.76.004

LAND USE DECISION FRAMEWORK¹

DIRECTOR'S AND HEARING EXAMINER'S

DECISIONS REQUIRING MASTER USE PERMITS ))

Section 4. Section 23.76.006 of the Seattle Municipal Code, last amended by Ordinance 124105, is amended as follows:

23.76.006 Master Use Permits required

A. Type I, II and III decisions are components of Master Use Permits. Master Use Permits are required for all projects requiring one or more of these decisions.

B. The following decisions are Type I:

1. Determination that a proposal complies with development standards;

2. Establishment or change of use for uses permitted outright, interim use parking under subsection 23.42.040.G, uses allowed under Section 23.42.038, temporary relocation of police and fire stations for 24 months or less, transitional encampment interim use, and temporary uses for four weeks or less not otherwise permitted in the zone, and renewals of temporary uses for up to six months, except temporary uses and facilities for light rail transit facility construction and transitional encampments;

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C. The following are Type II decisions:

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2. The following decisions are subject to appeal to the Hearing Examiner (except shoreline decisions and related environmental determinations that are appealable to the Shorelines Hearings Board):

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l. Establishment of temporary uses for transitional encampments , except transitional encampment interim uses provided for in subsection 23.76.006.B.2 ; and

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Section 5. Section 23.76.032. A of the Seattle Municipal Code, last amended by Ordinance 123913, is amended as follows:

23.76.032 Expiration and renewal of Type I and II Master Use Permits

A. Type I and Type II Master Use Permit (( Expiration. )) expiration

1. An issued Type I or II Master Use Permit expires three years from the date a permit is approved for issuance as described in Section 23.76.028, except as follows:

a. A Master Use Permit with a shoreline component expires pursuant to WAC 173-27-090.

b. A variance component of a Master Use Permit expires as follows:

1) Variances for access, yards, setback, open space, or lot area minimums granted as part of a short plat or lot boundary adjustment run with the land in perpetuity as recorded with the King County Recorder.

2) Variances granted as separate Master Use Permits pursuant to subsection 23.76.004.G expire three years from the date the permit is approved for issuance as described in Section 23.76.028 or on the effective date of any text amendment making more stringent the development standard from which the variance was granted, whichever is sooner. If a Master Use Permit to establish the use is issued prior to the earlier of the dates specified in the preceding sentence, the variance expires on the expiration date of the Master Use Permit.

c. The time during which pending litigation related to the Master Use Permit or the property subject to the permit made it reasonable not to submit an application for a building permit, or to establish a use if a building permit is not required, is not included in determining the expiration date of the Master Use Permit.

d. Master Use Permits with a Major Phased Development or Planned Community Development component under Sections 23.47A.007, 23.49.036, or 23.50.015 expire as follows:

1) For the first phase, the expiration date shall be three years from the date the permit is approved for issuance;

2) For subsequent phases, the expiration date shall be determined at the time of permit issuance for each phase, and the date shall be stated in the permit.

e. Permits for uses allowed under Section 23.42.038, (( and )) temporary, interim, or intermittent use permits issued pursuant to Section 23.42.040, and transitional encampment interim use permits issued under Section 23.42.056, expire on the date stated in the permit.

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Section 6. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, sub-division, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances.

Section 7. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2013, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2013.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2013.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2013.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Bill Mills / Ketil Freeman DPD Transitional Encampment Amendment ORD June 26, 2013 Version #8