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7. The Washington Constitution does not prohibit government from requiring <br /> religious institutions to go through the permit application process and allows <br /> government to impose reasonable conditions on the use of church/temple <br /> property (See Washington Supreme Court's decision in Open Door Baptist <br /> Church v. Clark County, 140 Wn.2d 143, 152 (2000)); and <br /> 8. The EMC does not currently have specific provisions addressing the use <br /> of property for housing persons on a temporary basis; and <br /> 10.The City Council has determined that there is a need for interim zoning <br /> regulations for the permitting of homeless encampments; and <br /> 11.The City Council has determined that if the City plans for the possibility of <br /> homeless encampments in Everett, it will be better able to a) avoid <br /> unnecessary litigation costs that might otherwise be incurred due to the <br /> absence of an established temporary use permit process; b) avoid complaints <br /> from neighborhood groups/residents that the homeless encampment was <br /> allowed to ignore due process when it moved in without a permit; and c) avoid <br /> the danger that regulations adopted after the fact of a homeless encampment <br /> establishing itself may appear arbitrary and capricious; and <br /> 12.Pursuant to RCW 35A.63.220 and 36.70A.390, and the City Charter, <br /> Article Ill, the City is authorized to enact interim regulations on land use <br /> matters to preserve the status quo while new plans or regulations are <br /> considered and prepared; and <br /> 13. The adoption of this Ordinance is exempt from the threshold <br /> determination and environmental impact statement requirements of the State <br /> Environmental Policy Act, RCW 43.21C, pursuant to WAC 197-11-880; and <br /> WHEREAS, the City Council does conclude: <br /> 1. The City does have the authority to establish interim regulations; and <br /> 2. The City must adopt interim regulations concerning the establishment and <br /> processing of applications for homeless encampments in order to act as a <br /> stop-gap measure: (a) to provide the City an opportunity to study the issues <br /> concerning the siting of uses and prepare appropriate revisions to the City's <br /> regulations; and (b) to avoid applicants possibly establishing vested rights <br /> contrary to and inconsistent with any revisions the City may make to its <br /> regulatory scheme as a result of the City's study of this matter; and <br /> 3. An emergency does exist to protect the public health, safety and welfare. <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 31 <br /> 2 <br />