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HomeMy WebLinkAbout052725 Special Session City Council Meeting Packet PORT TOWNSEND CITY COUNCIL SPECIAL SESSION AGENDA 4:30pm Evans Vista Road, Port Townsend, WA 98368 (Gather at the end of the road at Cul de sac) Please do not park at the DSHS parking lot 6:00pm City Hall Council Chambers, 540 Water Street, Port Townsend, WA 98368 Special Session Meeting 4:30 p.m. October 27, 2025 4:30pm The Evans Vista Road, Port Townsend, WA 98368 on site portion of the meeting information below: This portion of the meeting is in-person only. No virtual option available. This proportion of the meeting will not be recorded. This portion of the meeting is outdoors and will be held in all weather conditions. 6:00pm The Council Chambers, 540 Water Street, Port Townsend, WA 98368 portion of the meeting information below: Attend in person or virtually via computer or tablet at https://zoom.us/j/98187633367 enter the Webinar ID 98187633367 Phone only (muted - listen-only mode) United States: Local Dial In – 1(253)215- 8782,,98187633367# Submit public comment to be included in the meeting record to: https://publiccomment.fillout.com/cityofpt If you are experiencing technical difficulties, please attempt all methods listed above before reporting any issues to: clerksupport@cityofpt.us. The City does not guarantee virtual or phone access to the meeting. I.Call to Order Location: Evans Vista Road, Port Townsend, WA 98368-Gather at end of Cul de sac. Please do not park at the DSHS parking lot. II.Roll Call Americans with Disabilities Act In compliance with the Americans with Disabilities Act, those requiring accommodation for this meeting should notify the City Clerk’s Office at least 24 hours prior to the meeting at (360) 379-5083. III.Encampment Update, Discussion, and Next Steps Action: Discussion only. A. Update (City, Providers, County) B.Public Comment C. Discussion D. Next Steps and Call to Action IV.Break- Travel to Council Chambers Location: Council Chambers, 540 Water Street, Port Townsend, WA 98368 V. 6:00pm Reconvene from Break at Council Chambers. Location: Council Chambers, 540 Water Street, Port Townsend, WA 98368 VI. New Business A. Ordinance 3358 Establishing Interim Land Use Regulations as Authorized by the Growth Management Act, Amending Chapter 17.62 of the Port Townsend Municipal Code Relating to Shelter and Emergency Housing Performance Standards, Providing for Severability, and Establishing an Effective Date. Proposed Action: Move to waive Council Rules and approve Ordinance 3358 Establishing Interim Land Use Regulations as Authorized by the Growth Management Act, Amending Chapter 17.62 of the Port Townsend Municipal Code Relating to Shelter and Emergency Housing Performance Standards, Providing for Severability,and Establishing an Effective Date. i. Staff presentation and Council questions ii. Public Comment iii. Council deliberation and action VII.Adjourn Americans with Disabilities Act In compliance with the Americans with Disabilities Act, those requiring accommodation for this meeting should notify the City Clerk’s Office at least 24 hours prior to the meeting at (360) 379-5083. Agenda Bill AB25-104 Meeting Date: October 27, 2025 Agenda Item: VI.A Regular Business Meeting Workshop/Study Session Special Business Meeting Submitted By: John Mauro, City Manager Date Submitted: October 24, 2025 Department: Administration Contact Phone: 360-531-2916 SUBJECT: Ordinance 3358Establishing Interim Land Use Regulations as Authorized by the Growth Management Act, Amending Chapter 17.62 of the Port Townsend Municipal Code Relating to Shelter and Emergency Housing Performance Standards, Providing for Severability, and Establishing an Effective Date. CATEGORY: BUDGET IMPACT: Consent Resolution Expenditure Amount: N/A Staff Report Ordinance Included in Budget? Yes No Contract Approval Other: Informational Public Hearing (Legislative, unless otherwise noted) 3-Year Strategic Plan: N/A Cost Allocation Fund: 010-022 GF - Development Services SUMMARY STATEMENT: Background Port Townsend, like many communities around the nation, has been facing a housing affordability and homelessness crisis. The challenges are structural, complex, and linked, with a range of negative social and economic impacts and consequences that ripple across the wider community. A challenge like this requires the community to take collectiveaction, including from a wide variety of sectors and supportive agencies that come together effectively and collaboratively from their roles and in their positions of strength. Collaborative efforts across sectors and agencies have been established and are helping to address the crisis. For instance, the Housing Fund Board was established by the City of Port Townsend and Jefferson County to better coordinate, plan, evaluate, and fund housing and homelessness action and solutions. Funding allocated last year amounted to approximately $1.5m, aimed at leveraging the strengths and delivery of local and regional organizations that provide housing and related services. The Housing Fund Board also convenes the Housing Task Force to oversee the development and implementation of a 5-Year Homeless and Affordable Housing Plan. Other groups –like the Behavioral Health Consortium or the Behavioral Health Advisory Committee –also play a major role in collaboration, problem-solving, funding, and action. On April 1, 2024, the City Council heard the first reading of proposed amendments to PortTownsend Municipal Code (PTMC) Titles 16 Building and 17 Zoning to create a permitting pathway and regulations for more types of emergency housing and shelter. Staff developed alternatives and, ultimately, the City Council passed code amendments to Chapter 17.62 PTMC on April 29, 2024. Essentially, Chapter 17.62 PTMC allows a range of emergency housing and shelter options in a variety of zones inside the city, ensuring that human health and safety are protected and prioritized in doing so. Details and additional information from that special meeting can be found here: https://cityofpt.granicus.com/GeneratedAgendaViewer.php?view_id=4&clip_id=3129. Over the past 18 months or so since this code change addressing emergency housing and homelessness, no permit applications have yet been submitted to the City – and yet the challenges continue. For instance, over the past 18 months, the unsanctioned and unpermitted encampment near DSHS and Evans Vista has grown larger and exacerbated already pressing concerns relating to human health and safety. To help try and mitigate the effects of the encampment on individuals and the environment, and while not required, the City provided portable toilets and a dumpster to assist with sanitation. In January of 2025, an abatement crew removed 13,760 pounds of trash. Since that time, trash accumulation issues and abandoned camps have persisted and trash and human sanitation has become increasingly challenging. Some encampment residents have stated that they are trying to keep the area clean in an effort to avoid having an abatement crew in the area, but this has been largely ineffective. Calls for service to the encampment area to the Police Department have been startlingly high, at nearly 5 calls each week, and also includes responses from East Jefferson Fire Rescue for fires on the site. On August 4, 2025, staff provided the City Council with an update and the Council resolved to take action through the joint City/Jefferson County Housing Fund Board to consider focused resource procurement and allocation to a low barrier shelter. Materials from that meeting can be found here: https://cityofpt.granicus.com/MetaViewer.php?view_id=4&clip_id=3585&meta_id=245704. Following a letter to social service providers on September 3, 2025, requesting help, guidance, and coordination, the Citynotified people camping around DSHS and Evans Vista that they will no longer be able to camp on City property after November 3. The camp is unpermitted, unmanaged, and unmonitored aside from frequent police activity and sanitation/garbage service. These conditions are a violation of City public health and safety codes and the zoning code. Given the encampment is on City-owned property, the City is compelled to take action to protect the lives of people residing at the encampment and encourage pursuit of services to allow the best opportunity for people living in the camp to access humane living conditions prior to the cold and wet winter season. This letter was also sent immediately after receiving notice that, on September 4, 2025, portable toilets provided by the City since March 2024 were removed by the contractor because they were unserviceable and unsanitary for use. The City worked with the contractor, partners, and individual campers towards restoring portable toilet service to the site as an interim measure leading to the site clean-up as a way to help mitigate public health and environmental risks associated with human waste and associated diseases. That action was successfully done later that week and those toilets remain. Current Status Throughout September and October 2025, a number of meetings were held with individual provider agencies, the Housing Fund Board and the associated Shelter Subcommittee, the Behavioral Health Consortium, and the Behavioral Health Advisory Committee, among others, to discuss the challenges and consider solutions. The City provided regular updates as part of the City Manager’s report at a number of City Council meetings. Unpermitted camps, which are unmanaged, continue to present safety and sanitation challenges for the residents who live there and to the public. City staff and first responders are not trained in providing social services and do not have capacity to monitor the area daily for fire and sanitation concerns, and any response to issues that arise is reactive. Therefore, the target date for clean-up of the site remains November 3 as has been noticed and updated weekly over the past 8 weeks. Meanwhile, while work continues to match the approximately 25-30 campers with services, shelter, and housing, the past few weeks have yielded a number of placements into programs, shelter, and housing. Agencies are offering ideas and actions, some of which have spurred the policy recommendation below.In particular, City staff have heard the need for a faster and less complex solution to expand existing facilities or create new facilities for immediate availability for our most vulnerable community members. Policy Evaluation and Staff Recommendation As noted above, the City has established zoning codes to allow emergency housing in various forms under Chapter 17.62 PTMC. The various forms also have various permitting pathways and processing timelines. Given the emergent need to allow service providers to either expand existing facilities or create new ones for immediate continuum of care for some of our most vulnerable community members, staff have evaluated policy options for faster timelines and less complex pathways. Staff therefore recommends an interim (temporary) control ordinance to allow for expedited and simplified review and approval for facilities authorized under Chapter 17.62 PTMC (Exhibit A). The main amendments to the existing code change all permit types to Type I, effectively streamlining the process by not requiring notice of application and limiting the ability to appeal (see Chapter 20.01 PTMC, Land Development Administrative Procedures). ATTACHMENTS: Exhibit A: 17.62 PTMC CITY COUNCIL COMMITTEE RECOMMENDATION:N/A RECOMMENDED ACTION:Move to waive Council rules and approve Ordinance 3358 Establishing Interim Land Use Regulations as Authorized by the Growth Management Act, Amending Chapter 17.62 of the Port Townsend Municipal Code Relating to Shelter and Emergency Housing Performance Standards, Providing for Severability, and Establishing an Effective Date. ALTERNATIVES: Take No Action Refer to Committee Refer to Staff Postpone Action Remove from Consent Agenda Waive Council Rules and approve Ordinance ____ Other: Ordinance 3358 ORDINANCE 3358 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ESTABLISHING INTERIM LAND USE REGULATIONSAS AUTHORIZED BY THE GROWTH MANAGEMENT ACT;AMENDING CHAPTER 17.62 OF THE PORT TOWNSEND MUNICIPAL CODE RELATING TO SHELTER AND EMERGENCY HOUSING PERFORMANCE STANDARDS;PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City has the responsibility to enforce the City’s code for public health and safety; and WHEREAS, a temporary unsanctioned encampment formed over two years ago ; and WHEREAS, the temporary encampment has grown to a point where unsanitary conditions exist along with criminal activity having an adverse impact on people living in the camp and to those people and property in the surrounding area; and WHEREAS, the City is partnering with service providers to assist people in the camp to find safe housing and/or safe, sanitary places to live; and WHEREAS, the City has zoning codes to allow emergency housing in various forms under Chapter 17.62 PTMC; and WHEREAS, Chapter 17.62 has various permitting pathways with associated processing timelines; and WHEREAS, there is an emergent need to allow service providers to either expand existing facilities or create new ones for immediate continuum of care; and WHEREAS, the City’s role is to establish permitting procedures and legislative solutions to facilitate an environment for service providers to support our most vulnerable population; and WHEREAS, this interim control allows for an expedited and simplified review and approval process for facilities authorized under Chapter 17.62 PTMC; and WHEREAS, the Growth Management Act (“GMA”) expressly authorizes theCity Council to initially adopt interim land use and zoning regulations without a prior public hearing pursuant to RCW 36.70A.390. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Ordinance 3358 Section 1. Findings of Fact: The City Council hereby adopts the recitals set forth above as its findings of fact in support of adopting the interim land use regulations established herein. Section 2. Chapter 17.62Port Townsend Municipal Code (“Shelter and Emergency Housing Performance Standards”), Amended: Chapter 17.62 of the Port Townsend Municipal Code is hereby amended as set forth in the attached Exhibit A and incorporated by this reference. Section 3. Public Hearing:Pursuantto RCW 36.70A.390, the City Council shall conduct a public hearing on this ordinance within 60 days of its adoption andmay adopt further findings of fact after the public hearing. Section 4. Severability: Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 5. Declaration of Emergency and Effective Date: The City Council hereby declares that an emergency exists as there is an immediate need for housing assistance for the unhoused community. Such emergency necessitates that this ordinance become effective immediately in order to preserve public health, safety,and welfare. This ordinance shall become effective immediately upon passage if passed by a majority plus one of the entire City Council. The City Clerk is directed to publish a summary of this ordinance at the earliest possible publication date. ADOPTED by the City Council of the City of Port Townsend at a special meeting thereof, held this 27th day of October 2025. ______________________________ David Faber Mayor Attest: _____________________________ Alyssa Rodrigues City Clerk 2 EXHIBIT A Chapter17.62 SHELTER AND EMERGENCY HOUSING PERFORMANCE STANDARDS Sections: 17.62.010 Purpose. 17.62.020 Scope. 17.62.030 Application and submittal contents. 17.62.040 Permit review process table. 17.62.050 Approval criteria. 17.62.060 Time limitations. 17.62.070 17.62.080 Assurance device. 17.62.090 Permit suspension or revocation. 17.62.010 Purpose. The purpose of this chapter is to allow, and to establish a review process for the siting and use of, shelters and emergency housing facilities for individuals and families who are unhoused or at imminent risk of becoming unhoused within Port Townsend. This includes continuum of care facilities, disaster relief shelters, emergency indoor day-use shelters, emergency indoor overnight shelters, emergency indoor housing facilities, emergency outdoor shelters, safe parking, and tiny shelter villages. These regulations are intended to protect public health and safety by requiring the safe operation of shelters and housing 17.62.020 Scope. A. Applicability. Shelters and emergency housing facilities are permitted pursuant to the provisions of this section based on the underlying zoning and local, state, and federal law. B. Religious Organizations. In accordance with RCW 35A.21.360, religious organizations may host homeless people on property owned or controlled by the religious organization. If applicable pursuant to RCW 35A.21.360(5), religious organizations shall utilize the homeless client management information system established in RCW 43.185C.180. 1 C.Permitted Zones and Permit Review Types. Applications for shelter facilities shall be processed as described in PTMC 17.62.040, according to the procedures for a Type I-A, Type I-A, Type II, or Type III land use decision established in Chapter 20.01 PTMC, Land Development Administrative Procedures. 17.62.030 Application and submittal contents. The property owner and managing agency (collectively “the applicant”) shall sign and submit all of the following: A.Application provided by the department of planning and community development for one of the following permit types as described by PTMC 17.62.040: 1. Type I-A, disaster relief shelter; 2. Type I-A, safe parking hosted by a religious organization; 3. Type I-AI 4. Type I-AI, emergency housing or shelter facility, as described in PTMC 17.62.040; or 5. Type I-AII, emergency housing or shelter facility, as described in PTMC 17.62.040 and all continuum of care facilities; B. A site plan of the property, drawn to scale, showing existing natural features and critical areas, existing and proposed utility improvements, existing rights-of-way and -site parking, and existing and proposed structures or other improvements. For projects proposing new construction or clearing and grading, the site plan shall also include existing and proposed grades, stormwater and erosion control, landscaping, and perimeter screening for the proposed facility; C. A vicinity map, showing the location of the site in relation to nearby streets and properties; D. A written summary of the proposal, responding to the applicable standards and requirements of PTMC 17.62.050 and 20.01.100; E. Address and parcel number of the subject property; F. Photographs of the site; G. A list of other permits that are or may be required for development of the property by the county or by another government agency with jurisdiction over the development; H.Applicable permit fees; 2 I. A list of any development standards under PTMC Title17that the applicant seeks to modify; J. PTMC 17.62.050(B)(1); K.The applicant’s draft policies and plans as described by PTMC 17.62.050(B)(3) and (B)(4); L. Project statistics, including proposed site area, building coverage, number and location of tents and temporary structures, expected and maximum number of residents, and duration of the facility; M. Documentation that the applicant has informed the consolidated homeless grant (CHG) lead agency of their intent to develop. The documentation shall include whether or not Homeless Management Information System participation will be required and that anydata requested by the CHG lead agency has been provided, such as a description of services provided and the number of housing units or shelter beds intended to be developed. 17.62.040Permit review process table. The following table describes the permitting process each allowed use shall follow, unless exempted by state law. Permit Review Process Zone Disaster Relief Shelter Type I-A Permit Review Process. Disaster relief shelter applications shall be All Zones reviewed under a Type I-A permit and are allowed in all zones. Applications for disaster relief shelters shall be processed according to the procedures for Type I- A land use decisions established in Chapter20.01 PTMC, Land Development Administrative Procedures. Safe Parking Type I-A Permit Review Process. Applications for standalone safe parking facilities R-I owned or operated by religious organizations shall be reviewed under a Type I-A-A R-II permit and be processed according to the procedures for Type I-A-A land use R-III 3 Permit Review Process Zone decisions established in Chapter 20.01 PTMC, Land Development Administrative R-IV Procedures. C-I(MU) C-II(MU) C-II C-III C-II(S) M/C(S) Type I-AIPermit Review Process. Applications for standalone safe parking R-I R-II -AI permit and be processed according to the procedures for Type I-AI land use R-III decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. R-IV C-I(MU) C-II(MU) C-II C-III C-II(S) M/C(S) Emergency Indoor Housing R-I 4 Permit Review Process Zone R-II R-III R-IV C-I(MU) Type I-AI Permit Review Process. Applications for emergency indoor housing in the -AI permit and processed C-II(MU) according to the procedures for Type I-AI land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. C-II C-III C-II(S) M/C(S) Type I-A Permit Review ProcessType III Major Conditional Use Permit Review C-II(H) Process M/C be reviewed under a Type I-A Permit Review ProcessType-III Major Conditional Use process. Applications for these uses shall be processed according to the M-I procedures for Type I-AII land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. M-II(A) M-II(B) M-III Emergency Indoor Day-Use Shelters Type I-APermit Review Process. Applications for emergency indoor day-use R-III -Apermit and be R-IV processed according to the procedures for Type I-A land use decisions C-I(MU) 5 Permit Review Process Zone established in Chapter 20.01 PTMC, Land Development Administrative C-II(MU) Procedures. C-II C-III C-II(S) M/C(S) Type I-AI Permit Review Process. Applications for emergency indoor day-use R-I -AI permit and be R-II processed according to the procedures for Type I-AI land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. Type I-A Permit Review ProcessType III Major Conditional Use Permit Review C-II(H) Process. Applications for emergency indoor day- M/C zones shall be reviewed under a Type I-A Permit Review ProcessType-III Major Conditional Use process. Applications for these uses shall be processed M-I according to the procedures for Type I-AII land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. M-II(A) M-II(B) M-III Emergency Indoor Overnight Shelters Type I-AI Permit Review Process. Applications for emergency indoor overnight R-I -AI and be R-II processed according to the procedures for Type I-AI land use decisions established in Chapter 20.01 PTMC, Land Development Administrative R-III Procedures. R-IV 6 Permit Review Process Zone C-I(MU) C-II(MU) C-II C-III C-II(S) M/C(S) Type I-A Permit Review ProcessType III Major Conditional Use Permit Review C-II(H) Process M/C zones shall be reviewed under a Type I-A Permit Review ProcessType-III Major Conditional Use process. Applications for these uses shall be processed M-I according to the procedures for Type I-AII land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. M-II(A) M-II(B) M-III Emergency Outdoor Shelters Type I-AI Permit Review Process. Applications for emergency outdoor shelters in R-III -AIand be processed R-IV according to the procedures for Type I-AI land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. C-I(MU) C-II(MU) C-II(S) M/C(S) 7 Permit Review Process Zone Type I-A Permit Review ProcessType III Major Conditional Use Permit Review R-I Process R-II be reviewed under a Type I-A Permit Review ProcessType-III Major Conditional Use process. Applications for these uses shall be processed according to the C-II procedures for Type I-AII land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. C-III Tiny Shelter Villages Type I-AI Permit Review Process. Applications for tiny shelter villages in the R-I -AI and be processed according R-II to the procedures for Type I-AI land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. R-III R-IV C-I(MU) C-II(MU) C-II C-III C-II(S) M/C(S) Type I-A Permit Review ProcessType III Major Conditional Use Permit Review M/C Process M-I reviewed under a Type I-APermit Review ProcessType-III Major Conditional Use process. Applications for these uses shall be processed according to the M-II(A) procedures for Type I-AII land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. M-II(B) 8 Permit Review Process Zone M-III Continuum of Care Type I-A Permit Review ProcessType III Major Conditional Use Permit Review R-I Process. Applications for continuum of care facilities shall be reviewed under a R-II Type I-A Permit Review ProcessType-III Major Conditional Use process. Applications for emergency indoor day-use shelters, emergency indoor overnight R-III shelters, emergency indoor housing, emergency outdoor shelters, and tiny shelter villages shall also be reviewed as a Type I-APermit Review Process Type III major R-IV conditional use if the proposed facility is located in the M/C, M-I, M-II(A), M-II(B), or M-III zones. Applications for these uses shall be processed according to the C-I(MU) procedures for Type I-AII land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. C-II(MU) C-II C-III M/C M-I M-II(A) M-II(B) M-III C-II(S) M/C(S) 9 17.62.050Approval criteria. A.The following operational requirements apply to all emergency housing and shelters 1.No children under the age of 18 are allowed to stay overnight in a shelter unless accompanied by a parent or legal guardian. If a child under the age of 18 without a parent or legal guardian present attempts to stay at the shelter, the managing agency shall immediately contact the Department of Social and Health Services, Child Protective Services, for placement in an alternative shelter. 2. The managing agency shall ensure compliance with all state and local public health regulations during operation of the shelter. As a condition of approval of the shelter, the managing agency shall allow reasonable access and permit inspections by state and local agencies and/or departments to ensure such compliance and shall implement all directives ongoing compliance with public health requirements, including but not limited to the following: a. Potable water, which must be available at all times at the site; b. Portable or permanent toilets, which shall be set back from all property lines as determined by the PCD director and serviced as often as necessary to ensure sanitary conditions; c. Hand-washing stations by all toilets and food preparation areas; d. Food handling and storage facilities meeting all public health requirements (including those in Chapter246-215WAC), including but not limited to proper temperature control for food storage and an educational program for shelter residents; and e. Refuse receptacles capable of providing capacity to keep the facility clean, without excess garbage accumulating outside of receptacles. f. At continuum of care facilities and tiny shelter villages, the on-site services described in subsections (A)(2)(a) through (A)(2)(e) of this section shall be limited to the residents only and not available for drop in use by nonresidents. 3. The managing agency shall immediately contact the Port Townsend police department’s circumstances: a. There is an active warrant on the individual; 10 b. c.In the judgment of the on-duty point of contact or on- rejected or ejected presents a potential threat to the community. 4.If not already required by state or federal funding provisions, the managing agency shall cooperate and collaborate with other providers of shelters and services for people who are spect to provision of services and availability of resources. 5.Emergency Locator Address. After permit approval, the managing agency shall apply to the department for an emergency locator address for purposes of emergency response. The facility address shall also be recognized with the United States Postal System for mail delivery. 6. Buildings and Construction Compliance. The managing agency shall ensure that facilities including tiny shelters or other purpose-built structures are at all times in compliance with the requirements of PTMC Title 16 reasonable access to outdoor and shared spaces for inspection purposes. Table 17.62.050(A)(6) Applicable Building and Construction Codes for Emergency Housing and Shelter Facilities Applicable Code Section for Building and Type of Structure Construction Compliance Structures Within Continuum of Care Facilitiesin PTMC Title 16 Disaster Relief Shelters Emergency Indoor Housing Subject to adopted codes per PTMC 16.04.020, Adoption of codes by reference. Emergency Indoor Day-Use Shelter Subject to adopted codes per PTMC 16.04.020, Adoption of codes by reference. Emergency Indoor Overnight ShelterSubject to adopted codes per PTMC 16.04.020, Adoption of codes by reference. 11 Table 17.62.050(A)(6) Applicable Building and Construction Codes for Emergency Housing and Shelter Facilities Applicable Code Section for Building and Type of Structure Construction Compliance Emergency Outdoor Shelter Tiny SheltersSubject to Chapter16.06 safety review Communal Structures within Tiny Shelter Subject to Chapter 16.06 Villages and Emergency Outdoor Shelters safety review Safe Parking FacilitiesCommunal structures and vehicle spacing are 7. Upon vacation of an entire shelter facility, all temporary structures and debris shall be removed from the host site within two calendar weeks, unless otherwise permitted by the PCD director. The site shall be restored, as near as possible, to the original condition, as director, the managing agency shall re-plant areas in which vegetation has been removed or destroyed. This requirement may be waived if the director approves the site be redesigned B.Standards for All New Facilities, Excluding Standalone Safe Parking. The following site requirements shall apply to all continuum of care facilities, emergency indoor day-use shelters, emergency indoor overnight shelters, emergency indoor housing facilities, emergency outdoor shelters, and tiny shelter villages, unless exempt under state law. Each approved standard shall be included as a condition of approval. 1. emergency housing facility, or safe parking as part of a continuum of care facility shall e, to the director’s reasonable satisfaction, that the organization possesses two or more of the following r the proposed facility: a. Experience providing similar services to unhoused individuals; 12 b. c.Applicable work or volunteer experience in a related program with unhoused populations; d. Lived experience with similar services. may require additional prescriptive measures to ensure that the facility is operated in conformance with local, state, and federal requirements, and to minimize risk to both facility residents and neighbors. 2.Capacity. Each shelter will be limited in its service capacity to the number of people that 3. Policies and Plans for Emergency Indoor Day-Use Shelter. No indoor emergency day-use shelter shall be permitted without approved standard operating procedure plans that address the following: a. Operations plan addressing: i. Site management; ii. Provision of human and social services; iii. iv. Policies for entry to site by visitors; and v. Policies for denial of services in accordance with subsections (B)(3)(b)(ii) and (B)(3)(d)(xii) of this section. b. Safety and security plan that incorporates feedback from local law enforcement services, and describes measures that the site manager will employ to promote the safety of facility occupants and surrounding residents and businesses, including, but not limited to: i. active shooter, natural disaster or other emergency; ii. Criteria for rejection or removal of an individual seeking access to the facility; iii. A plan to address disruptive behavior in the facility and on the property that infringes on the safety of occupants or employees of the use, and a description of the consequences for engaging in disruptive behavior; 13 iv.A plan to address behavior that is inconsistent with the facility’s code of conduct and Port Townsend Municipal Code; and c.“Good neighbor” policy that sets out a plan for informing neighboring properties of facility hours, services, and the facility’s designated point of contact. d. Proposed Code of Conduct. A “code of conduct” is an agreement on rules of behavior between facility visitors and the managing agency. The code of conduct is intended to protect the health, safety and welfare of the visitors and employees of the shelter facility, and surrounding residents and businesses. Facilities shall address violations of the code of conduct per the visitors’ rights and grievances procedures. The code of conduct must include, at a minimum, provisions committing visitors to the following: i. Maintaining appropriate public health standards on the site by preventing the accumulation of garbage and other health hazards or nuisances; ii. Respecting state law restrictions on smoking and agreeing to use designated smoking areas where provided; iii. Prohibiting threatening, illegal, and unsafe behavior, per local, state and federal law; iv. Respecting all rules required by the managing agency as a condition of entry to the site; v. Resident rights statement and grievance procedures, including the right to a copy of the code of conduct and a copy of dispute resolution rules for each resident; and e. neighbors, and the broader community. 4. Policies and Plans for Emergency Indoor Housing and Emergency Indoor Overnight Shelters. No indoor emergency housing or indoor overnight shelter shall be permitted without approved standard operating procedure plans that address the following: a. Operations plan addressing: i. Site management; ii. Site maintenance; iii. Provision of human and social services; iv. v. Policies for entry to site by residents and visitors; and 14 vi.Policies for denial of services in accordance with subsections (B)(3)(b)(ii) and (B)(3)(d)(xii) of this section. b. Safety and security plan that incorporates feedback from local law enforcement services, and describes measures that the site manager will employ to promote the safety of facility occupants and surrounding residents and businesses, including, but not limited to: i. active shooter, natural disaster or other emergency; ii.Criteria for rejection or removal of an individual seeking access to the facility; iii.A plan to address disruptive behavior in the facility and on the property that infringes on the safety of occupants or employees of the use, and a description of the consequences for engaging in disruptive behavior; iv. A plan for managing unpermitted access to the facility and property; v. A plan to address behavior that is inconsistent with the facility’s code of conduct and Port Townsend Municipal Code; and vi. A plan for coordination and communication between the managing agency and law enforcement agencies to ensure timely information sharing between agencies. c. “Good neighbor” policy that sets out a plan for engagement through the life of the facility with the community and a process for addressing grievances of facility residents, concerned neighbors, and residents of the broader community, and which will: i. Be developed through documented outreach to the adjacent neighbors; and ii. Include a designated point of contact and their contact information available for the residents and neighbors. d. Proposed Code of Conduct. The proposed code of conduct shall be further developed and adopted by the residents of the facility. Updates to the code of conduct shall be reported to the city during annual inspections or more frequently if indicated by neighborhood engagement. A “code of conduct” is an agreement on rules of behavior between facility occupants and the managing agency. The code of conduct is intended to protect the health, safety and welfare of the residents and employees of the shelter facility, and surrounding residents and businesses. The code of conduct must include, at a minimum, provisions committing occupants to the following: i. Respecting the rights of property owners to restrict access to areas of their property that are not open to the public or to facility residents; 15 ii.Maintaining appropriate public health standards on the site by preventing the accumulation of garbage and other health hazards or nuisances; iii. Respecting state law restrictions on smoking and agreeing to use designated smoking areas where provided; iv. Maintaining reasonable noise levels in compliance with the public disturbance noise prohibitions; v.Prohibiting threatening, illegal, and unsafe behavior, per local, state and federal law; vi.Storing all items the managing organization deems as weapons in a safe location; vii. including candles, incense, fuel gas appliances or other equipment, convection or toaster ovens, or hot plates; (A) Microwaves are allowable; however, cooking activities, outside the use of a microwave, viii. Storing materials or objects outside in such a manner to prevent creating a public ix. How to appropriately care for dogs and other pets on site, if pets are allowed, to prevent animal control nuisances, including disposing of animal waste and preventing noise complaints; x. Respecting all rules required by the managing agency as a condition of entry to the site; xi. Complying with terms of any “good neighbor” policy provisions that apply to occupants of the tiny shelter village; xii. Resident rights statement and grievance procedures, including the right to a copy of the code of conduct and a copy of dispute resolution rules for each resident; and xiii.A visitors policy detailing when the facility is open to residents’ guests, what areas of the facility are available for visitors, check-in procedures for visitors, and steps taken to ensure all visitors comply with the code of conduct. e. neighbors, and the broader community. 5. Policies and Plans for Outdoor Emergency Housing and Shelters, Excluding Standalone Safe Parking. No outdoor emergency housing or shelter shall be permitted without the 16 approved standard operating procedures listed in PTMC17.62.050(B)(3) and the following additional procedures: a. Operations Plan. i. appropriate agencies; b.Safety and security plan, which incorporates the requirements of PTMC17.62.050(B)(3)(b); and: i.The managing agency shall take reasonable and legally permissible steps to obtain name and date of birth, and initiate background checks with the appropriate agencies. The managing agency shall keep a current log of names and dates of all people who stay overnight in the facility. This log shall be available upon request to law enforcement agencies and prospective residents shall be so advised by the managing agency; ii. Perimeter fencing or screening to limit access to the site for safety and security reasons, without obstructing sight at the street, street intersections, or curbs. Screening material may include fencing, landscaping or other site-oved by the PCD director; iii. iv. A plan for managing on-site security; v. The provision of a live-in, on-site manager representing the managing agency; vi.The provision of a phone number and point of contact at the site of the proposed shelter for the community to report concerns; vii. A plan for addressing reported concerns and documenting resolution, and making this information publicly available with appropriate measures to protect the privacy of those involved; and viii. safety and security plan. c.Transportation plan, addressing transit proximity, vehicle circulation, and pedestrian and bicycle ingress and egress to the facility. 17 C.Standards for Standalone Safe Parking. No standalone safe parking facility shall be permitted within the city except in accordance with the following provisions, unless exempt under state law: 1. religious organization that applies for a permit to operate a safe parking facility shall include o the director’s reasonable satisfaction, that the organization possesses two or more of the following e proposed facility: a. Experience providing similar services to unhoused individuals; b. c.Applicable work or volunteer experience in a related program with unhoused populations; d. Lived experience with similar services. prescriptive measures to ensure that the facility is operated in conformance with local, state, and federal requirements, and to minimize risk to both facility residents and neighbors. 2. Capacity. Each standalone safe parking facility will be limited in its service capacity to the number of people that the site can accommodate, as determined by the PCD director rganization also maintain the minimum recommended number of available parking spaces for any existing uses on the property, in accordance with PTMC17.72.080. 3. Policies and Plans for Standalone Safe Parking. No standalone safe parking facility shall be permitted without approved standard operating procedure plans that address the following: a. Operations plan addressing: i. Site management; ii. Site maintenance; iii. Provision of human and social services; iv. v. Policies for entry to site by residents and visitors; and 18 vi.Policies for denial of services in accordance with subsections (C)(3)(b)(iii) and (C)(3)(b)(iv) of this section. b. Safety and security plan, which incorporates feedback from local law enforcement services, and describes measures that the site manager will employ to promote the safety of facility occupants and surrounding residents and businesses, including, but not limited to, all of the following: i. Perimeter fencing or screening to limit access to the site for safety and security reasons, without obstructing sight at the street, street intersections, or curbs. Screening material may include fencing, landscaping or other site-ved by the PCD director; ii. active shooter, natural disaster or other emergency; iii. Criteria for rejection or removal of an individual seeking access to the facility; iv. How the criteria for rejection or removal shall be shared with all residents and visitors; v. A plan to address disruptive behavior in the facility and on the property that infringes on the safety of the occupants of the facility, or the safety of the members of the religious organization or the organization’s employees or volunteers, and a description of the consequences for engaging in disruptive behavior; vi. A plan to address behavior that is inconsistent with the facility’s code of conduct and Port Townsend Municipal Code; vii. A plan for coordination and communication between the religious organization and law enforcement agencies to encourage the timely sharing of information; viii. RCW 35A.21.360(4); ix. A plan for managing on-site security concerns; x. The provision of a phone number and point of contact at the site of the proposed safe parking facility for the community to report concerns; xi. A plan for addressing reported concerns and documenting resolution, and making this information publicly available, with appropriate measures to protect the privacy of those involved; and xii. safety and security plan. 19 c.“Good neighbor” policy that sets out a plan for continuous engagement through the life of the facility with the community and a process for addressing grievances of facility residents, concerned neighbors, and residents of the broader community, and which will: i. Be developed through documented outreach to the adjacent property owners and neighboring residents; ii.Include a designated point of contact and contact information for the residents and neighbors; and iii.Be presented to the city council in a public session that includes the opportunity for public comment. d. Transportation plan, addressing transit proximity, vehicle circulation, and pedestrian and bicycle ingress and egress to the facility. e. neighbors, and the broader community, consistent with state law. D. Standards for All Continuum of Care Facilities. 1. No continuum of care facility shall be permitted within the city unless it meets all approval criteria listed in subsection A of this section, operational requirements for emergency housing and overnight shelters, and PTMC 17.84.050, conditional use permit approval criteria. E. Siting Criteria. Siting criteria for emergency housing and shelter facilities, unless exempt under state law: 1.All proposed structures for emergency indoor housing, emergency indoor day-use shelters, and emergency indoor overnight shelters shall be located in accordance with the setback requirements for the underlying zoning, as set forth in PTMC Table 17.16.030, Table 17.18.030, Table 17.20.030, Table 17.22.030, Table 17.24.030, Table 17.31.050, or Table 17.31.080; 2. All proposed structures for tiny shelter villages, emergency outdoor shelters, and safe parking facilities shall be located a minimum setback of 15 feet from the property line of abutting properties. Applicants may request setback reductions if the property boundary is marked with a fence that is at least six feet tall and in compliance with Chapter 17.68 PTMC. The PCD director may also grant setback reductions if changes in elevation, intervening buildings, or other physical characteristics of the site provide adequate separation between the facility and adjoining uses; 20 3.All facilities shall be located within one-half mile walking distance to public transit, with the exception of facilities hosted by a religious organization on real property it owns or controls, or disaster relief shelters. If the proposed site is not within the stated proximity, the applicant may meet this requirement by providing a plan demonstrating how the applicant will provide access to public services to occupants of the proposed facility; 4. 19.05 PTMC; 5. Emergency housing and shelter facilities shall comply with all applicable development standards of PTMC Titles16 and 17; 6. It is recommended that emergency housing and shelter facilities not be sited in a manner which displaces on-site parking on the host property necessary for another on-site principal -site parking remains available for the host’s principal use, or unless a shared parking agreement is executed with adjacent properties; 7. Emergency housing and shelter facilities shall contain exterior lighting that is directed downward so that glare is contained within the premises; 8. Emergency housing and shelter facilities shall be sized in accordance with site conditions number of persons who may reside at a facility. 17.62.060 Time limitations. A. Frequency and Duration of Facility Use. 1. and may continue to operate so long as, in the judgment of the PCD director, the facility: a. Is in substantial conformance with the project as approved; b. Complies with all conditions of approval; c. Passes all health and safety inspections; d. e. Is not experiencing changed circumstances associated with the use; and f. 104, including all temporary structures, tents, RVs, tiny shelters, and common use structures. g.Shelters and facilities that do not meet the criteria described in subsections (A)(1)(a) through (A)(1)(f) of this section may apply for a Type III variance reviewed by the hearing 21 examiner as provided in PTMC20.01.040. If the facility is closed or the use is discontinued for one year, the site shall be vacated and restored to its prefacility condition unless the site is redesigned for other use as agreed upon by the PCD director. 2. Additional Duration Requirements for Tiny Shelter Villages. Tiny shelter village facilities the judgment of the PCD director as supported by annual inspections, the following criteria are met: a. The individual tiny shelters proposed for siting within a village were manufactured not permanent label required by PTMC 16.06.100; or b. they may continue to be used or occupied at their original site,as determined using the date retirement of the tiny shelter or allowances for continued use; c.Tiny shelter villages that do not meet all of the above requirements may apply for a Type III variance reviewed by the hearing examiner as provided in PTMC 20.01.040. If the tiny shelter village is closed or the use is discontinued for a year, the site shall be vacated and restored to its prefacility condition unless the site is redesigned for other use as agreed upon by the PCD director. 17.62.070 I land use decision pursuant to Chapter 20.01 PTMC, Land Development Administrative Procedures. Through the granted has beeor by person(s) who 17.62.080 Assurance device. A.Liability Insurance. Except for religious organizations, the applicant shall procure and maintain in full force, through the duration of the life of the facility, comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence/aggregate for personal injury and property damage. 22 17.62.090Permit suspension or revocation. If a sponsor and/or managing agency fails to comply with the regulations of PTMC Titles 15 or16, or Chapter 17.62 PTMC, or the conditions of approval, the PCD director or their designee shall work with the applicant to achieve voluntary compliance. If voluntary compliance cannot be achieved, the director may close the shelter until the sponsor and/or managing agency comes into compliance with this code and the conditions of approval. The city may suspend or revoke an approved emergency housing or shelter permit pursuant to Chapter1.20 A.The use for which the approval was granted has been abandoned for a period of at least one year; or B. Approval of the permit was obtained by misrepresentation of material fact; or C. The permit is being exercised contrary to the terms of approval; or D. The PCD director or their designee worked with the applicant to reach voluntary compliance, and voluntary compliance cannot be achieved. Port Townsend Municipal Code and any other chapter of the Port Townsend Municipal Code, Chapter 17.62 will control. 23