Ordinance 2968-07 - Laserfiche WebLink

6. There are constitutional and statutory constraints on the City's ability to prevent or regulate homeless encampments in Everett; and 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 9. The City Council has determined that there is a need for interim zoning regulations for the permitting of homeless encampments; and 10. 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 11. 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 12. The adoption of this Ordinance is exempt from the threshold determination and environmental impact statement requirements of the State Environmental Policy Act, RCW 43.21C, pursuant to WAC 197-11-880; and 13. Also pursuant to RCW 35A.63.220 and 36.70A.390, the City may renew interim regulations on land use matters for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal; and 14. In the six months since the adoption of Ordinance No. 2920-06, the City has not received any requests for significant change to that Ordinance and it has been used as a model by at least one other city; and 15. Renewal of Ordinance No. 2920-06 for six months would give the City additional time to consider changes to that Ordinance and/or seek and receive a recommendation from the Planning Commission on whether Ordinance No. 2920-06 should be adopted as a permanent ordinance; and 2