Ordinance 2920-06 - Laserfiche WebLink

7. 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 on the use of church/temple property (See Washington Supreme Court's decision in Open Door Baptist Church v. Clark County, 140 Wn.2d 143, 152 (2000)); and 8. The EMC does not currently have specific provisions addressing the use of property for housing persons on a temporary basis; and 10. The City Council has determined that there is a need for interim zoning regulations for the permitting of homeless encampments; and 11. The City Council has determined that if the City plans for the possibility of homeless encampments in Everett, it will be better able to a) avoid unnecessary litigation costs that might otherwise be incurred due to the absence of an established temporary use permit 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; and 12. Pursuant to RCW 35A.63.220 and 36.70A.390, and the City Charter, Article III, the City is authorized to enact interim regulations on land use matters to preserve the status quo while new plans or regulations are considered and prepared; and 13. The adoption of this Ordinance is exempt from the threshold determination and environmental impact statement requirements of the State Environmental Policy Act, RCW 43.21 C, pursuant to WAC 197-11-880; and WHEREAS, the City Council does conclude: 1. The City does have the authority to establish interim regulations; and 2. The City must adopt interim regulations concerning the establishment and processing of applications for homeless encampments in order to act as a stop -gap measure: (a) to provide the City an opportunity to study the issues concerning the siting of uses and prepare appropriate revisions to the City's regulations; and (b) to avoid applicants possibly establishing vested rights contrary to and inconsistent with any revisions the City may make to its regulatory scheme as a result of the City's study of this matter; and 3. An emergency does exist to protect the public health, safety and welfare. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: 2