Ted Virdone LEG Tiny House Villages ORD D1 1 CITY OF SEATTLE 2 ORDINANCE __________________ 3 COUNCIL BILL __________________ 4 5 6 7 8 9 10 11 12 13 14 15 ..title AN ORDINANCE relating to land use and zoning; amending Sections 23.40.002, 23.42.054, 23.42.056, 23.76.004, 23.76.006, and 23.84A.038, and Subsection 23.76.032.C of the Seattle Municipal Code and providing that transitional encampments for homeless individuals are allowed on any property owned or controlled by a religious organization without approval of a permit under the Seattle Land Use Code, to permit transitional encampments for homeless individuals as an interim use on all publicly owned or private property within the City of Seattle, and providing for renewal of temporary use permits for transitional encampments as a Type I decision of the Director of the Seattle Department of Construction and Inspections. ..body WHEREAS, Seattle has been in a State of Civil Emergency on homelessness since 2015; and 16 WHEREAS, the 2019 Point in Time Count found there are 11,199 homeless people in King 17 18 County including, 5,228 sleeping unsheltered on the streets; and WHEREAS, tiny house villages have proven to be an effective place for homeless individuals 19 and families to find the safety, privacy, and human dignity necessary to get back on their 20 feet and transition to affordable housing; and 21 22 23 WHEREAS, tiny houses provide the security of a sturdy wood structure, a place to store personal belongings, insulation, and electricity; and WHEREAS, tiny house villages have operated with a self-management model where residents 24 democratically run their communities; residents have reported this model has helped 25 them overcome the isolation and alienation of homelessness, and residents have become 26 more successful transitioning into permanent housing; and 27 WHEREAS, in 2018 residents of tiny house villages successfully transitioned to permanent 28 housing at higher rates than residents of shelters, with 56% obtaining permanent housing 29 or transitional housing; and Template last revised November 13, 2018 1 Ted Virdone LEG Tiny House Villages ORD D1 1 2 WHEREAS, between 2016 and 2018, approximately 500 people transitioned to permanent housing from Seattle’s tiny house villages; and 3 WHEREAS, Ordinance 124747, which established “Transitional Encampments as an interim 4 use” in Seattle’s land use code in 2015, created the legal framework for Seattle’s tiny 5 house villages, but allowed no more than three tiny house villages at any one time, and 6 will sunset on March 31, 2020 if there is no further legislative action; NOW, 7 THEREFORE, 8 9 BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. Section 23.40.002 of the Seattle Municipal Code, last amended by Ordinance 10 125272, is amended as follows 11 23.40.002 Conformity with regulations required 12 A. The establishment or change of use of any structures, buildings or premises, or any 13 part thereof, requires approval according to the procedures ((set forth)) in Chapter 23.76, 14 Procedures for Master Use Permits and Council Land Use Decisions, except: 15 1. establishment of an urban farm or community garden that does not include major 16 marijuana activity as defined in Section 23.84A.025, that is permitted outright under the 17 provisions of this Title 23 applicable to the lot; 18 2. as permitted in subsections 23.47A.004.E and 23.47A.004.F; 19 3. keeping of animals as permitted under Section 23.42.052; 20 4. reinstatement of a use interrupted by a temporary use authorized pursuant to Section 21 22 23 23.42.040; ((and)) 5. establishment of a transitional encampment use on property owned or controlled by a religious organization; and Template last revised November 13, 2018 2 Ted Virdone LEG Tiny House Villages ORD D1 1 6. for uses located entirely within public rights-of-way. 2 3 *** Section 2. Section 23.42.054 of the Seattle Municipal Code, last amended by Ordinance 4 124919, is amended as follows: 5 23.42.054 Transitional encampments ((accessory to religious facilities or to other principal 6 uses)) located on property owned or controlled by a religious organization 7 A. Transitional encampment ((accessory)) use on property owned or controlled by a 8 religious organization. A transitional encampment is allowed ((as an accessory use)) on a site in 9 any zone, if the ((established principal use of the site is as a religious facility or the principal use 10 is on)) property is owned or controlled by a religious organization, subject to the provisions of 11 subsection 23.42.054.B. ((A religious facility)) If the site includes property developed with 12 legally-established parking that is accessory to ((the)) a religious facility ((. Parking)) or other 13 use established on the property, then any parking ((accessory to a religious facility or located on 14 property owned or controlled by a religious organization that is)) displaced by the encampment 15 does not need to be replaced. 16 *** 17 Section 3. Section 23.42.056 of the Seattle Municipal Code, enacted by Ordinance 18 124747, is amended as follows: 19 23.42.056 Transitional encampment as an interim use 20 21 22 23 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. The Director, in consultation with the Human Services Director, shall adopt a rule according to Section 23.88.010 that includes but is not limited to establishing: Template last revised November 13, 2018 3 Ted Virdone LEG Tiny House Villages ORD D1 1 1. Community outreach requirements that include: 2 a. Community outreach standards that the encampment operator shall 3 comply with before filing a transitional encampment interim use permit application, whether for 4 a new transitional encampment or relocation of an existing transitional encampment. At a 5 minimum, outreach standards shall contain a requirement that the encampment operator convene 6 at least one public meeting in the neighborhood where the transitional encampment interim use is 7 proposed to be established, at least 14 days prior to applying for a permit; 8 b. A requirement that the proposed encampment operator establish a 9 Community Advisory Committee that would provide advisory input on proposed encampment 10 operations including identifying methods for handling community complaints or concerns as it 11 relates to the facility or facility clients. The committee shall include one individual identified by 12 each stakeholder group in the geographic area where the proposed encampment would be located 13 as best suited to represent their interests. The committee shall consist of ((no more))not less than 14 ((seven)) five and no more than ten members. Encampment operator representatives shall attend 15 committee meetings to answer questions and shall provide regular reports to the committee 16 concerning encampment operations. City staff may attend the meetings; and 17 18 19 20 21 2. Operations standards that the encampment operator is required to implement while an encampment is operating. B. Location. The transitional encampment interim use ((shall)) may be located on property within any zone ((meeting)) subject to the following requirements: 1. ((The property is: Template last revised November 13, 2018 4 Ted Virdone LEG Tiny House Villages ORD D1 1 a. Zoned Industrial, Downtown, SM, NC2, NC3, C1, or C2; except if the 2 property is in a residential zone as defined in Section 23.84A.048 or is in a special review district 3 established by Chapter 23.66; or 4 b. Within a Major Institution Overlay district. 5 2. The property is at least 25 feet from any residentially-zoned lot. 6 3. A property may be less than 25 feet from a residentially-zoned lot and used as 7 an encampment site if: 8 a. All encampment facilities, improvements, activities, and uses are located at 9 least 25 feet from any residentially-zoned lot. Access to the encampment site may be located 10 11 within the 25-foot setback area; and b. Screening is)) Screening shall be installed and maintained along each 12 encampment boundary, ((except)) including boundaries fronting on an opened public street. The 13 screening shall consist of existing or installed vegetation that is sufficiently dense to obscure 14 viewing the encampment site, or a 6-foot high view-obscuring fence or wall. 15 ((4)) 2. The property is owned or controlled by ((the City of Seattle,)) a private 16 party, ((or)) an Educational Major Institution, the City of Seattle, or another other public entity. 17 5)) 3. The property is within 1/2 mile of a transit stop. This distance shall be the 18 walking distance measured from the nearest transit stop to the lot line of the lot containing the 19 encampment site. 20 ((6. The property is, as measured by a straight line, at least 1 mile from any other 21 legally-established transitional encampment interim use including encampments accessory to a 22 religious facility or accessory to other principal uses on property owned or controlled by a 23 religious organization. This subsection 23.42.056.A.6 shall not apply to encampments on sites Template last revised November 13, 2018 5 Ted Virdone LEG Tiny House Villages ORD D1 1 owned or controlled by religious organizations, or to any legally-established transitional 2 encampment interim use that provides shelter for fewer than ten persons.)) 3 4 ((7)) 4. 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 encampment site. 5 ((8)) 5. The property does not contain a wetland, wetland buffer, known and 6 potential landslide designations, steep slope, steep slope buffer, or fish and wildlife habitat 7 conservation area defined and regulated by Chapter 25.09, Regulations for Environmentally 8 Critical Areas, unless all encampment facilities, improvements, activities, and uses are located 9 outside any critical area and required buffer as provided for in Chapter 25.09. 10 11 ((9)) 6. 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. 12 13 ((10)) 7. The property is not an unopened public ((right of way)) right-of-way; or designated as a park, playground, viewpoint, or multi-use trail by the City or King County. 14 15 16 17 18 19 *** D. Additional requirements. The transitional encampment interim use shall meet the following requirements: 1. The requirements for transitional encampment accessory uses in subsections 23.42.054.B and 23.42.054.C. 2. The operator of a transitional encampment interim use located on City- 20 owned or -controlled property shall obtain prior to permit issuance and maintain in full force and 21 effect, at its own expense, liability insurance naming the City as an additional insured in an 22 amount sufficient to protect the City as determined by the City Risk Manager from: Template last revised November 13, 2018 6 Ted Virdone LEG Tiny House Villages ORD D1 1 a. All potential claims and risks of loss from perils in connection with 2 any activity that may arise from or be related to the operator's activity upon or the use or 3 occupation of the City-owned or -controlled property allowed by the permit; and 4 5 b. All potential claims and risks in connection with activities performed by the operator by virtue of the permission granted by the permit. 6 3. The operator of a transitional encampment interim use located on City- 7 owned or -controlled property shall, on a form approved by the Director, agree to defend, 8 indemnify, and hold harmless the City of Seattle, its officials, officers, employees, and agents 9 from and against: 10 a. Any liability, claims, actions, suits, loss, costs, expense judgments, 11 attorneys' fees, or damages of every kind and description resulting directly or indirectly from any 12 act or omission of the operator of a transitional encampment interim use located on City-owned 13 or -controlled property, its subcontractors, anyone directly or indirectly employed by them, and 14 anyone for whose acts or omissions they may be liable, arising out of the operator's use or 15 occupancy of the City-owned or -controlled property; and 16 b. All loss by the failure of the operator of a transitional encampment 17 interim use located on City-owned or -controlled property to perform all requirements or 18 obligations under the transitional encampment interim use permit, or federal, state, or City codes 19 or rules. 20 4. A transitional encampment interim use located on City-owned or -controlled 21 property shall allow service providers to access the site according to the approved operations 22 plan required by subsection 23.42.056.B.1. Template last revised November 13, 2018 7 Ted Virdone LEG Tiny House Villages ORD D1 1 2 3 E. ((Duration)) Permit term and renewal ((timing)). ((The transitional encampment interim use shall meet the following requirements: 1.)) A permit for a transitional encampment interim use under this Section 4 23.42.056 may be authorized for up to one year from the date of permit issuance. A permit for a 5 transitional encampment may be renewed ((one time for up to one year)) for additional one-year 6 terms by the Director as a Type I decision subject to the following: 7 ((a))1. The operator shall provide notice of a request to extend the use in a 8 manner determined by a Director's Rule. The notice shall be given to the Citizen's Advisory 9 Committee and persons who provided the operator with an address for notice; 10 11 ((b))2. The encampment is in compliance with the requirements of Section 23.42.056; and 12 ((c))3. The operator shall provide with the permit renewal application an 13 Encampment Operations Plan that shall be in effect during the permit renewal period and 14 consistent with subsection 23.42.056.A. 15 ((2. At least 12 months shall elapse before an encampment use may be located on 16 any portion of a property where a transitional encampment interim use was previously located.)) 17 18 F. Limit on the number of encampments. 1. Maximum number of encampments. No more than ((three)) forty transitional 19 encampment interim use encampments shall be permitted and operating at any one time, and 20 each encampment shall not have more than 100 occupants. ((This)) The limit of forty transitional 21 interim use encampments shall not include transitional encampments ((accessory to a religious 22 facility)) located on property owned or controlled by a religious organization. Template last revised November 13, 2018 8 Ted Virdone LEG Tiny House Villages ORD D1 1 2. Existing encampments established by and operating under temporary use 2 permits. Encampments presently operating under temporary use permits issued pursuant to 3 subsections 23.42.040.B and 23.42.040.C may apply for an interim use permit pursuant to this 4 Section 23.42.056, subject to the limits established by subsection 23.42.056.F.1. The term for 5 operating any encampments obtaining interim use permits in lieu of temporary use permits shall 6 begin on the date the interim use permit is issued regardless of how long the encampment has 7 been established by a prior temporary use permit. 8 9 10 11 Section 4. Section 23.76.004 of the Seattle Municipal Code, last amended by Ordinance 125429, is amended as follows: 23.76.004 Land use decision framework A. Land use decisions are classified into five categories. Procedures for the five 12 different categories are distinguished according to who makes the decision, the type and amount 13 of public notice required, and whether appeal opportunities are provided. Land use decisions are 14 generally categorized by type in Table A for 23.76.004. 15 B. Type I and II decisions are made by the Director and are consolidated in Master Use 16 Permits. Type I decisions are decisions made by the Director that are not appealable to the 17 Hearing Examiner. Type II decisions are discretionary decisions made by the Director that are 18 subject to an administrative open record appeal hearing to the Hearing Examiner; provided that 19 Type II decisions enumerated in subsections 23.76.006.C.2.c, d, f, and g, and SEPA decisions 20 integrated with them as set forth in subsection 23.76.006.C.2.m, shall be made by the Council 21 when associated with a Council land use decision and are not subject to administrative appeal. 22 Type III decisions are made by the Hearing Examiner after conducting an open record hearing Template last revised November 13, 2018 9 Ted Virdone LEG Tiny House Villages ORD D1 1 and not subject to administrative appeal. Type I, II or III decisions may be subject to land use 2 interpretation pursuant to Section 23.88.020. 3 *** Table A for 23.76.004 LAND USE DECISION FRAMEWORK 1 Director's and Hearing Examiner's Decisions Requiring Master Use Permits TYPE I Director's Decision (Administrative review through land use interpretation as allowed by Section 23.88.020 2 ) Application of development standards for decisions not otherwise designated Type II, III, IV, * or V * Uses permitted outright * Temporary uses, four weeks or less Renewals of temporary uses, except for temporary uses and facilities for light rail transit * facility construction ((and transitional encampments)) * Intermittent uses * Interim use parking authorized under subsection 23.42.040.G * Uses on vacant or underused lots pursuant to Section 23.42.038 * Transitional encampment interim use * Certain street uses Template last revised November 13, 2018 10 Ted Virdone LEG Tiny House Villages ORD D1 * Lot boundary adjustments * Modifications of features bonused under Title 24 Determinations of significance (EIS required) except for determinations of significance * based solely on historic and cultural preservation * Temporary uses for relocation of police and fire stations * Exemptions from right-of-way improvement requirements * Special accommodation * Reasonable accommodation * Minor amendment to a Major Phased Development permit Determination of whether an amendment to a property use and development agreement is * major or minor Streamlined design review decisions pursuant to Section 23.41.018; if no development * standard departures are requested, and design review decisions in an MPC zone pursuant to Section 23.41.020 if no development standard departures are requested Shoreline special use approvals that are not part of a shoreline substantial development * permit * Adjustments to major institution boundaries pursuant to subsection 23.69.023.B * Determination that a project is consistent with a planned action ordinance Decision to approve, condition, or deny, based on SEPA policies, a permit for a project * determined to be consistent with a planned action ordinance Template last revised November 13, 2018 11 Ted Virdone LEG Tiny House Villages ORD D1 Decision to increase the maximum height for residential uses in the DOC2 zone according to * subsection 23.49.008.H Decision to increase the maximum allowable FAR in the DOC2 zone according to subsection * 23.49.011.A.2.n * Minor revisions to an issued and unexpired MUP that was subject to design review * Building height increase for minor communication utilities in downtown zones * Other Type I decisions that are identified as such in the Land Use Code 1 2 3 *** Section 5. Section 23.76.006 of the Seattle Municipal Code, last amended by Ordinance 4 125429, is amended as follows: 5 23.76.006 Master Use Permits required 6 7 8 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: 9 1. Determination that a proposal complies with development standards; 10 2. Establishment or change of use for uses permitted outright, interim use 11 parking under subsection 23.42.040.G, uses allowed under Section 23.42.038, temporary 12 relocation of police and fire stations for 24 months or less, transitional encampment interim use, 13 temporary uses for four weeks or less not otherwise permitted in the zone, and renewals of 14 temporary uses for up to six months, except temporary uses and facilities for light rail transit 15 facility construction ((and transitional encampments)); Template last revised November 13, 2018 12 Ted Virdone LEG Tiny House Villages ORD D1 1 2 3 4 *** Section 6. Subsection 23.76.032.C of the Seattle Municipal Code, which section was last amended by Ordinance 125558, is amended as follows: C. Master Use Permit Renewal 5 6 *** 4. The Director may renew a Master Use Permit for a transitional 7 encampment interim use issued according to Section 23.42.056.E ((one time for up to one year)) 8 for additional one-year terms. 9 Section 7. Section 23.84A.038 of the Seattle Municipal Code, last amended by 10 Ordinance 125272, is amended as follows: 11 23.84A.038 "T" 12 13 *** "Transitional ((E))encampment" means a use having tents or a similar shelter, including 14 vehicles used for shelter, that provides temporary quarters for sleeping and shelter. The use may 15 have common food preparation, shower, or other commonly-used facilities that are separate from 16 the sleeping shelters. 17 18 *** Section 8. Severability. The provisions of this ordinance are declared to be separate and 19 severable. The invalidity of any clause, sentence, paragraph, sub-division, section or portion of 20 this ordinance, or the invalidity of the application thereof to any person or circumstance shall not 21 affect the validity of the remainder of this ordinance, or the validity of its application to other 22 persons or circumstances. 23 Section 9. Section 10 of Ordinance 124747 is repealed as follows: Template last revised November 13, 2018 13 Ted Virdone LEG Tiny House Villages ORD D1 1 2 3 ((Section 10. This ordinance shall be automatically repealed without subsequent Council action on March 31, 2020.)) Section 10. This ordinance shall take effect and be in force 30 days after its approval by 4 the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it 5 shall take effect as provided by Seattle Municipal Code Section 1.04.020. 6 Template last revised November 13, 2018 14 Ted Virdone LEG Tiny House Villages ORD D1 1 Passed by the City Council the ________ day of _________________________, 2019, 2 and signed by me in open session in authentication of its passage this _____ day of 3 _________________________, 2019. 4 ____________________________________ 5 President ____________ of the City Council 6 Approved by me this ________ day of _________________________, 2019. 7 ____________________________________ 8 Jenny A. Durkan, Mayor 9 Filed by me this ________ day of _________________________, 2019. 10 ____________________________________ 11 Monica Martinez Simmons, City Clerk 12 (Seal) Template last revised November 13, 2018 15