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HomeMy WebLinkAbout4358ORDINANCE NO. 4358 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapters L5.O4 and 15.02 of the Kent City Code to regulate homeless encampments and shelters on the property of religious organizations and in the commercial and industrial zones. RECITALS A. On March 7, 2020, the Washington State Legislature passed HB L754, which places significant limitations on the ability of counties and cities to regulate homeless encampments and shelters on the propefty of religious organizations. The Governor signed the bill into law on March 3L, 2O2O, and the law becomes effective on June Lt, 2020. B. The new limitations do not affect county or city policies and ordinances that are in existence prior to the effective date of the act so long as they do not categorically prohibit the hosting of the homeless by religious organizations and have not been previously ruled by a court to violate the federal Religious Land Use and Institutionalized Persons Act (RLUTPA). C. On April 6, 2020, the Washington State Department of commerce was notified of the proposed amendments. The city's request Amend Chapter 75.04/75,02 - Re: Emergency Housing/Shelters 1 for expedited review was granted on April 20, 2020, and no comments from the State were received. The City's SEPA responsible official issued determination of non-significance for the proposed amendments on April 14, 2020. NOW, THEREFORE, THE CIry COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 7, - Amendment Section 15.04.020 of the Kent City Code entitled "Residential land uses" is amended as follows: Amend Chapter 75.O4/75.02 - Re: Emergency Housing /Shelters 2 (,!OL$IEa.ro(\oslo€RrE9r.b!n=.ou}ooF t\)$'No=.=roIaf.o@>r)(,!xrr rr rr tt€>o(/)!oocl.QlofiiFio!o5:oe3h<c-!P!@c"'OOo =@o i4ooaoqA-10AGsR-1sR-3sR-4.5sR-6sR-aMR-DMR-T12MR-T16MR-GMR-MMR-H!,lHPNCCccDCDCEMTC-1MTC.2MCRCMGCI1t2I3g9oo=o6dEq_oofn=.-30a>ofoo-c9.oxEo16'G!!G!!ofo3oo-Eo-=o3oEo-o!0C9.oxoqc!!N!!c!3c$t.o€lfococfc!!GA-!c-0t3-3cil3o€g-'oaIF!0t3-!ff?oox3lo3Ea-ofo-3o,3cdoc-oo=ogofo3ooF6!o-oc!fo3oqoo,GtG-G-NG-UNG!G!G!G!NNNG!go1oclf=o3oaooaqGoGoGoGoNNGoTJGoNNGOGoNGoaooocgfo3o@oo,q@ao!Gos-oGoGoNGoNGolvGol9NGoso1ocEfo3oqgoqqoGoN-oNGooaoGoGoUGosaoGos-oNooCEJo3oqoo6a6FoGCO:lLOXo!.oqroots3cfo9.qofoo33clo,o9..CLofoo6G!G!G!G!auXooct4C6qo-q,;ff=o='o,dgo<coad'0-6i!?i!006i!a!0-?i!006!-l-ofq.eoferJoc9.foc!19i!19F!!GOQOGOQT9-lnfoeo-3-ofo,dG>G>3G>G>a>G>eG>G>3G>To-3{o-xooooo33oo-otof6!G>!E>ooooooo$d9o(Icocoaoc6o3A,=.aa>G6>g-aa>a6>GA>a>G>ooPFrgrb5oNIFo9.tto=g.o_octtrooI $!OL$iEtrrQ(\o$l0riE9l..b!ni.o6-AufiSSfr'Nol.f(O06'=.oa' () 0 ! xn tt tt ltQ>ol./)!o oE l.n a8 diiFiooo t -o< ai;'<c=!? -ooC"'Ooo -1@o Ioo-ooa-10AGsR-1sR-3sR-4.5sR-6sR-aMR-DMR-T12MR-T16MR-GMR.MMR.HMHPNCCccDCDCEMTC-1MTC-2MCRCMGCI1t2I3o!E'Ef,of,ooo,Eo-3Foo-caoc>JOa'ffo@foo^6€60a=o5'qoo(ooaaa>aa>GA>aa>9-aa>aa>ovaa>9-aa>e-aa>a6>aG>;a>aa>oooaaoas.=rooco;ooa>ea>i>ctro€o-Fc=6ro3ooooc!o4o=aa>i>a>a>a>a>?>a>a>a>a>a>a>a>aooooE.o--'rO6@ooGooaooaoo,4.o=oof6'oaa>ea>a>a>a>a>ga>o?>I0=.ol.loJcJo@oooooooooooooooofrflofEqf(oloor. fo93-oaoolo@:'o-or)l5Fr,l@oholu6ohooboboFohodo.noa=o-o!of,o-olqof,o'-s.=(,oooooG!G!IGOG!0tG-oGOQOa@6'oo.s.frod9.oqooofir@i!GOF!Goa-o0t0"oo,-oFoo.o-ofi.9rda.joa=ffoooofi!Iff!19c!oGoc-gt30oG06-fo3oIo2..rOfooo-3oJciloc-oocrfi-1'G!G!G!i!G! SECTION 2. - Amendment Section 15.04.030 of the Kent City Code entitled "Residential land use development conditions" is repealed and replaced with the following: Sec. 15.O4.O3O Residential land use development conditions. 1. Dwelling units, limited to not more than one per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential uses, or other residential facilities where allowed, are only permissible in a mixed-use overlay and must be included within a mixed-use development. 3. Assisted living facilities, residential facilities with health care, and independent senior living facilities, when not combined with commercial or office uses, require a conditional use permit and are subject to the following conditions: a. Must be located within a half mile of publicly accessible amenities in at least three of the following categories, as determined by the Economic and Community Development Director. The distance shall be measured as the shortest straight-line distance from the property line of the proposed facility to the property line of the entities listed below: i. Public park or trail, as identified in the City's most recently adopted park and open space plan, or owned or maintained by any agency of the state, or any political subdivision thereof; Amend Chapter 75.04/75.02 - Re: Emergency Housing/ Shelters 5 ii. Preschool, elementary, or secondary school (public or private); iii. Indoor recreational center (community center, senior center, physical recreation facility, bingo or casino hall); iv. Church, religious institution, or other place of worship; v. Cultural arts center (theater, concert hall, artistic, cultural, or other similar event center); vi. Retail services, including, but not limited to: medical services; food and beverage establishments; shopping centers; or other commercial services that are relevant (reasonably useful or germane) to the residents of the proposed facility, as determined by the City's Economic and Community Development Director. b. Alternatively, if the facility provides amenities in one or more of the categories listed in subsection (3)(a) of this section on the ground floor of the facility itself, oriented towards the public (meaning that they are visible, accessible and welcoming), the number of other amenities to which a half-mile proximity is required may be reduced, at the discretion of the City's Economic and Community Development Director. 4. Multifamily residential uses, or other residential facilities where allowed, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, or other residential facilities where allowed, when not combined with commercial or office uses. Amend Chapter 75.04/75,02 - Re: Emergency Housing/Shelters 6 6. Existing dwellings may be rebuilt, repaired, and otherwise changed for human occupancy. Accessory buildings for existing dwellings may be constructed subject to the provisions of KCC 15.08.160. 7. Transitional housing facilities, limited to a maximum of 20 residents at any one time, plus up to four resident staff. 8. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed only on the same lot with a principally permitted detached single-family dwelling unit, and are subject to the provisions of KCC 15.08.160 and 15.08.350. 11. Customary incidental home occupations subject to the provisions of KCC 15.08.040. L2. IReserved] 13. Subject to the combining district requirements of the mobile home park code, Chapter 12.05 KCC. L4. Accessory living quarters are allowed per the provisions of KCC 15.08.359. Amend Chapter 75.04/75.02 - Re: Emergency Housi ng/Shelters 7 15. [Reserved]. 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. t7. Accommodations for farm operators and employees, but not accommodations for transient labor. 18. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE. 20. All multifamily townhouse developments in an MR-T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the City. 2L. IReserved]. 22. One duplex per lot is permitted. 23. Secure community transition facilities are only permitted within the boundaries depicted on the following ffidp, and only with a conditional use permit: Amend Chapter 75.04/75,02 - Re: Emergency Housing/Shelters 8 , a : a. .:.t :.: .t: 24. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 7L.Og RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a 600-foot separation from any other class II or III group home. In no case shall a secure community transition facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk-potential activities or facilities in existence at the time a site is listed for consideration. Within line of sight means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of 600 feet to be within line of sight. During the conditional Amend Chapter 75.04/75.02 - Re: Emergency Housing/Shelters 9 use permit process for a secure community transition facility, line of sight may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than 600 feet. This distance shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. For the purpose of granting a conditional use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the City shall not be subject to a disproportionate share of similar facilities of a statewide, regional, or countywide nature. 25. A designated manufactured home is a permitted use with the following conditions: a. A designated manufactured home must be a new manufactured home; b. The designated manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product that can be either load-bearing or decorative; c. The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; d. The designated manufactured home shall be thermally equivalent to the State Energy Code; and Amend Chapter 75,04/75.02 - Re: Emergency Housing/Shelters 10 e. The designated manufactured home shall meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 26. Multifamily dwellings shall be allowed only within the Kent downtown districts outlined in the Downtown Subarea Action Plan and shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar dwelling units with ownership interest and recorded as such prior to approval of a certificate of occupancy by the City. 27. Within subdivisions, as defined by KCC L2.O4.O25, vested after March 22, 2OO7, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, 25 percent of the total number of permitted dwelling units may be duplex or triplex townhouse structures. 28. Live-work units; provided, that the following development standards shall apply for live-work units, in addition to those set forth in KCC 15.04.190: a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; b. Adequate and clearly defined working space must constitute no less than 50 percent of the gross floor area of the live-work unit. Said working space shall be reserved for and regularly used by one or more persons residing there; c. At least one resident in each live-work unit shall maintain at all times a valid city business license for a business on the premises; Amend Chapter 75,04/75,02 - Re: Emergency Housing/Shelters 11 d. Persons who do not reside in the live-work unit may be employed in the live-work unit when the required parking is provided; e. Customer and client visits are allowed when the required parking is provided; I f. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; g. fReserved]; h. Construct all nonresidential space; to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. 29. Subject to the maximum permitted density of the zoning district. For assisted living facilities, residential facilities with health care, and independent senior living facilities, each residential care unit is considered one dwelling unit for purposes of density calculations. 30. Conditional use when the number of residents exceeds 20 at any one time or more than four resident staff. 31. Emergency housing and emergency shelter facilities are allowed only in conjunction with an approved conditional use permit, and must satisfy the requirements of RCW 35A.21.360(10) prior to opening. Amend Chapter 75,04/75.02 - Re: Emergency Housi ng /Shelters T2 a. General Conditions. Emergency housing and emergency shelter facilities are subject to the following general conditions: i. The emergency housing or shelter facility must be located on the same lot as an actively operating church or similar religious institution. ii. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within one thousand (1,000) feet of the proposed emergency housing or shelter facility site. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of this section, if the City receives applications for proposed facilities that are within one thousand (1,000) feet of each other, the first complete application received by the City shall be given priority. iii. An emergency housing facility and an emergency shelter facility may not be permitted on the same lot simultaneously. iv. Emergency housing and shelter facilities shall be permitted to operate for a maximum of 90 consecutive days, and there shall be a minimum period of 90 consecutive days between operational periods during which the emergency housing or shelter facility does not operate. The 90 day period of nonoperation shall apply to the operation of an emergency housing facility followed by an emergency shelter facility and vice versa. Amend Chapter 75.04/75.02 - Re: Emergency Housing/Shelters 13 v. The building footprint of the emergency housing or shelter facility cannot exceed the building footprint of the church or similar religious institution that exists on the same lot. vi. The church or similar religious institution on the same lot as the emergency housing or shelter facility shall be primarily responsible for the operation and maintenance of the facility itself, as well as the conduct of the residents of the facility on and in the immediate vicinity of the lot, to the maximum extent permitted by law, regardless of whether the organization contracts with a third party for the provision of any services related to the facility itself or its residents. vii. The emergency housing or shelter facility shall comply with the setbacks and landscaping requirements for churches, as identified in KCC 15.08.020(A). viii. The possession or use of illegal drugs at an emergency housing or shelter facility or the property occupied by the facility is prohibited. ix. Emergency housing or shelter facilities shall be responsible for the safety of residents of the facility, and shall establish a plan to remove individuals who present a threat to other residents or the propefty of other residents. x. In the event of a public health emergency, the City may require an emergency response plan that is in substantial compliance with relevant guidance and requirements issued by Public Health - Seattle and King County in response to the public health emergency. Amend Chapter 75.04/75.02 - Re: Emergency Housing/ Shelters t4 xi. Emergency housing and shelter facilities must comply with all applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xii. The church or religious institution must provide the City written documentation of the following: (a) A description of the proposed staffing and operational characteristics, including confirmation of sanitation and basic safety measures required for emergency shelters. (b) A description of the proposed population to be served and code of conduct to be observed including conflict resolution steps. (c) Criteria for rejection or removal of an individual seeking access to the facility. (d) A plan for managing the exterior appearance of the proposed site including trash/litter. (e) A phone number, email, and point of contact at the site of the facility for the community to repoft concerns; documenting available. (f) A plan for addressing reported concerns and resolution, and making this information publicly (g) A proposed site plan showing compliance with all requirements set forth in KCC 15.04.030(31) and applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. Amend Chapter 75,O4/75.02 - Re: Emergency Housing /Shelters 15 xiii. Emergency housing and shelter facilities must have two naloxone (Narcan) kits on site, and staff must be trained in how to administer the naloxone (Narcan). xiv'. The possession of any of the weapons described in RCW 9.41.280(1) at an emergency housing or shelter facility or the property occupied by the facility is prohibited. b. Emergency Housing Facilities - Additional Conditions. Emergency housing facilities must operate pursuant to an agreement with the City, approved by the Director of Economic and Community Development, and are subject to the following additional conditions: i. The emergency housing facility must be located within a permanent, enclosed building. ii. The emergency housing facility must be located on a lot that is a minimum of one acre in size. c. Emergency Shelter Facilities - Additional Conditions. Emergency shelter facilities must be located within a temporary structure as described below, and are subject to the following additional conditions: i. Emergency shelter facilities are limited to a maximum sleeping occupancy of 35 people. The design of the temporary structure shall include an occupant load factor of a minimum of 50 square feet per occupant and a three-foot aisle around the entire inside perimeter of the tent. ii. The emergency shelter facility must be located on a lot that is a minimum of two acres in size. Amend Chapter 75,O4/75.02 - Re: Emergency Housing/ Shelters 16 iii. Emergency shelter facilities must be within a single, large temporary enclosure, such as a tensile membrane structure, or within multiple identical temporary enclosures, such as matching vinyl canvas tents, that are a minimum of four hundred square feet in size. If the floor of a temporary enclosure does not provide insulation from the ground, camping cots or other off-ground sleeping structure must be provided. The use of small, individual tents or makeshift structures including, without limitation, those created with tarps or plastic is prohibited. iv. Gasoline-powered generatorsareprohibited. v. Smoking or open flames inside the temporary structure are prohibited, and the use of portable heaters within personal tents is prohibited. All heating equipment shall be in accordance with the adopted fire code. vi. Emergency shelter facilities shall provide sanitation and basic safety measures including the following: (a) One portable or permanent toilet per twenty persons at a minimum, with a handwashing station at each toilet. (b) Rodent-proof litter receptacles and food storage containers. (c) Two large first-aid kits that include emergency eye wash bottles. (d) Secured area for dry supplies storage (blankets, clothing, food, first-aid). Amend Chapter 75.O4/75.02 - Re: Emergency Housing/Shelters L7 (e) Covered kitchen area at least twenty feet from any sleeping areas, with handwashing and dishwashing stations stocked with soap. (f) Cleaning supplies including work gloves, disposable gloves, trash grabber-tool, disinfectant, hand sanitizer, masks, buckets, paper towels, etc. (g) Feminine hygiene products (h) Three- to four-foot wide aisle between sleeping structures so as to be ADA compliant and accessible by emergency services personnel. 32. The following restrictions apply to all group homes: a. A group home is considered a single-family residential use and shall not be combined with another residential use on the same parcel including, but not limited to, a communal residence or short-term rental; b. A City of Kent business license is required in accordance with Chapter 5.01 KCC; c. The applicant is responsible for obtaining required state licenses and providing a copy of an up-to-date state license, or proof one is not required by the state, to the City of Kent prior to approval of a city business license; d. Family members of the provider may live in the group home, but such members are limited only to a spouse and children of the provider Amend Chapter 75.04/75.02 - Re: Emergency Housing/Shelters 1B or spouse, and are subject to the background check requirements of WAC 388-76-10161 and 388-73-10166; and e. An accessory dwelling unit is permitted only if used as part of the operation of a group home and may not be leased or sub-leased to a separate family. 33. The following restrictions apply to all communal residences: a. A City of Kent business license is required in accordance with Chapter 5.01 KCC; b. No more than three rooms within the home or accessory structure may be separately leased or sub-leased; and c. Each room being leased or sub-leased shall have adequate space, light, electricity, heating, emergency egress, a smoke detector, and access to adequate sanitation and eating facilities pursuant to the International Residential Code and International Property Maintenance Code as adopted in Chapter 14.01 KCC. Adequate space means floor area of no less than 70 square feet in size, no less than seven feet of ceiling height and shall not have any horizontal dimension less than seven feet. Egress means one emergency escape rescue opening at least 5.7 square feet, 24 inches high and 20 inches wide. 34. The following restrictions apply to short-term rentals: a. A City of Kent business license is required in accordance with Chapter 5.01 KCC; b. The home shall be occupied by the owner or a nontransient tenant for at least six months of each year; Amend Chapter 75.04/75.02 - Re: Emergency Housing/ Shelters 19 c. No more than three rooms within the home or accessory structure may be offered as short-term rentals; and d. The applicant is responsible for complying with the short-term rental requirements of Chapter 64.37 RCW. 35. Emergency housing facilities are allowed only in conjunction with an approved conditional use permit, and must satisfy the requirements of RCW 35A.21.360(10) prior to opening. a. General Conditions. Emergency housing facilities are also subject to the following conditions: i. The emergency housing facility must be located within a permanent, enclosed building. ii. The emergency housing facility must be located on a lot that is a minimum of one acre in size. iii. Emergency housing facilities must operate pursuant to an agreement with the City, approved by the Director of Economic and Community Development. iv. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within one thousand (1,000) feet of the proposed emergency housing facility site. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of this section, if the City receives applications for Amend Chapter 75.04/75.02 - Re: Emergency Housi ng/Shelters 20 proposed facilities that are within one thousand (1,000) feet of each other, the first complete application received by the City shall be given priority. v. Emergency housing facilities shall be permitted to operate for a maximum of 90 consecutive days, and there shall be a minimum period of 90 consecutive days between operational periods during which the emergency housing facility does not operate. The 90 day period of nonoperation shall apply to the operation of any emergency housing facility followed by an emergency shelter facility and vice versa. vi. The person or organization that owns the property shall be primarily responsible for the operation and maintenance of the facility itself, as well as the conduct of the residents of the facility on and in the immediate vicinity of the lot, to the maximum extent permitted by law, regardless of whether the person or organization contracts with a third party for the provision of any services related to the facility itself or its residents. vii. The emergency housing facility shall comply with the setbacks and landscaping requirements for churches, as identified in KCC 1s.08.020(A). viii. The possession or use of illegal drugs at an emergency housing facility or the propefty occupied by the facility is prohibited. ix. Emergency housing facilities shall be responsible for the safety of residents of the facility, and shall establish a plan to remove individuals who present a threat to other residents or the property of other residents. Amend Chapter 75.04/75,02 - Re: Emergency Housing /Shelters 2I x. In the event of a public health emergency, the City may require an emergency response plan that is in substantial compliance with relevant guidance and requirements issued by Public Health - Seattle and King County in response to the public health emergency. xi. Emergency housing facilities must comply with all applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xii. The owner or operator of the emergency housing facility must provide the City written documentation of the following: (a) A description of the proposed staffing and operationa I characteristics. (b) A description of the proposed population to be served and code of conduct to be observed including conflict resolution steps. (c) Criteria for rejection or removal of an individual seeking access to the facility. (d) A plan for managing the exterior appearance of the proposed site including trash/litter. (e) A phone number, email, and point of contact at the site of the facility for the community to report concerns; (0 A plan for addressing reported concerns and documenting resolution, and making this information publicly available. Amend Chapter 75,04/75.02 - Re: Emergency Housing/Shelters 22 (g) A proposed site plan showing compliance with all requirements set forth in KCC 15.04.030(35) and applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xiii. Emergency housing facilities must have two naloxone (Narcan) kits on site, and staff must be trained in how to administer the naloxone (Narcan). xiv. The possession of any of the weapons described in RCW 9.41.280(1) at an emergency housing or shelter facility or the property occupied by the facility is prohibited. SECTION 3. - Amendment Section 15.02.131 of the Kent City Code entitled "Emergency Housing, emergency shelter" is repealed and replaced with the following: Sec. 15.O2.131. Emergency housing facility, emergency shelter. Emergency housing facility means a facility operated to provide temporary housing within a permanent enclosed building for individuals who are otherwise homeless and have no immediate living options available to them. Emergency shelter means a temporary structure, not served by fixed permanent utilities, operated to provide temporary shelter to individuals who are otherwise homeless and have no immediate living options available to them. SECTION 4, Existing Operations. ln accordance with KCC 15.08.100, emergency housing facilities that currently exist are considered nonconforming uses of the propefties that host the emergency housing facilities. These nonconforming uses of the properties for emergency Amend Chapter 75.04/75,02 - Re: Emergency Housing/Shelters 23 housing shall be subject to the provisions of KCC 15.08.100 as now enacted or hereafter amended or recodified; provided, that with regards to the programs referred to as the KentHOPE Women's Overnight Shelter and the KentHOME/WHOME programs sponsored by Catholic Community Services, additional churches may be added to the rotation of churches that provide emergency housing and safe parking pursuant to the above programs upon written notice to the City; and provided further, that emergency shelter facilities shall not be considered nonconforming uses and must comply with the requirements of KCC 15.04.030. For the purposes of this section, the term emergency housing shall have the meaning set forth in KCC 15.02.131 and safe parking shall be subject to the provisions of RCW 35A.2L.36O(2)(g) as enacted pursuant to House Bill t754. The provisions of subsection KCC 15.04.030(31) and (35) shall not apply to severe weather shelters that are activated in partnership with the City of Kent. Quarantine facilities shall not be considered emergency housing facilities, and are not considered nonconforming uses. SECTION 5, - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the Code Reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. Amend Chapter 75.04/75.02 - Re: Emergency Housing/ Shelters 24 SECTION 7, - Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. Mav 5. 2O2O DANA MLPH, MAYOR Date Approve.d ATTEST: KIMBERLEY OTO, CITY CLERK APPROVED AS TO RTH U R "PAT' FITZPATRICK,ATTORNEY May 5. 2020 Date Adopted May 8, 2020 Date Published Amend Chapter 75.04/75,02 - Re: Emergency Housing/Shelters 25 ffi'Us$esffiluff'ftns$ City of Kent, City Clerk's Office Kim Komoto 220 4thAve S Kent, WA 98032 Re:AdvertiserAccount # 480940 Agency Account #: 0 Ad #: 941506 Agency Name: Affidavit of Publication STATE OF WASHINGTON Counties of King and Snohomish The undersigned, on oath states that helshe is an authorized representative of The Seattle Times Company, publisher of The Seattle Times of general circulation published daily in King and Snohomish Counties, State of Washington. The Seattle Times has been approved as a legal newspaper by others of the Superior Court of King and Snohomish Counties. The notice, in the exact form annexed, was published in the regular and entire issue ofsaid paper or papers and distrib- uted to its subscribers during all of the said period. Newspaper and Publication Date(s) Seattle Times 04123120 \) Frankie Flight FFANKIE FLIGHT NotarY Public No otQheooq B3039uNbemcneesL eEXonpmomcqMcv the State of and sworn to before me on DATE residing at Seattle W$$$snftl*ffi Re: Advertiser Account # 480940 Agency Account #: 0 AD rEXr . !'iJfifii{eiii.r'fit'!il--ON THE CITY OF KENT'S PROPOSED ORDINANCE CONCERNING THE HOSTING OF HOMELESS BY RELIGIOUS ORGANIZATIONS i:OTICE i9 HEREaY G:VEN thot the Kenl Cily Council will lrold o public heqr-ing durins o regulorly-scheduled City Council meeting on Tuesdo, May 5,2020,ot 7 p.m. ln Kent Cily Holl Chombers, lo- coted ol 220 Fourth Avenue North, Kent, WA 98032, (due lo COVID-19 ond heollh sofely requiremenis, lhis meeting moy be o remoie meeting). lf lhls ls o remole meeting ond you wish lopresent lestimony during the public heor- ing, pleose conlocl the City Clerk in od- vonce. Members of lhe public moy submit wrlllen comments ot the publlc heoring it- self, or in odvonce by regulor U.S. Moil lo the City Clerk's Ol'tice,220 Fourlh Avenue Soulh, Kent, WA 98032, or by electronic moil io Cityclerk@KentwA.gov, Any wril- ten comments sent ln odvonce must be recelved no loter lhon 4 p.m. on Tuesdoy, Mov 5,2020, in order lo be considered. Any person requiring o disobility occom- modotlon should conloct lhe Ciiy Clerk's Office in odvonce ot 253-856-5725. For TTD reloy service, coll lhe Woshington Telecommunicotions Reloy Servlce ot 7-t-1, Klmberley A, Komoto City Clerk 253-856-5725 CityClerk@ KentWA.gov Ad #: 941506 Agency Name: