21.74.070 Decision and appeal.
A. Notice. Final action on permit applications made under this section shall be rendered within 45 days of submittal. Within seven calendar days of receiving a completed application the director shall publish a notice of application for a temporary use permit as provided herein. The notice shall contain, at a minimum, the date of application, project location, proposed duration and operation of the temporary outdoor encampment or extreme weather shelter, number of residents for the encampment or shelter, conditions that will likely be placed on the operation of the encampment or shelter, and requirements of the written code of conduct. The notice shall be distributed as follows:
1. A copy of the notice, or summary thereof, will be published in the official newspaper of the city.
2. A copy of the notice, or summary thereof, shall be posted at two publicly visible locations on the subject property.
3. A copy of the notice, or summary thereof, shall be mailed to owners of all property within 300 feet of any boundary of the subject property, and any neighborhood organization in the vicinity of the subject property whose contact information is known to or made known to the managing agency.
B. Decision and Notice of Decision. After conclusion of the 14-calendar-day notice/comment period the director shall decide whether to grant, grant with conditions or deny a temporary use permit. Before any temporary use permit may be granted, the applicant shall show that:
1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed encampment or shelter;
2. The proposed use shall meet the performance standards that are required in the zoning district the encampment or shelter will occupy and the requirements of this chapter;
3. The proposed use shall be in keeping with the goals and policies of the comprehensive plan; and
4. All measures have been taken to minimize the possible adverse impacts which the proposed encampment or shelter may have on the area in which it is located.
A notice of such decision stating whether the permit is granted or denied, along with information regarding the procedure for appeal of the decision, shall be mailed as required for the notice of application/hearing within three business days after the date of the decision. If issued, the permit for the temporary outdoor encampment or extreme weather shelter shall be issued jointly to the sponsor and managing agency and each shall be responsible for compliance with the terms and conditions of the permit and applicable city codes.
C. Conditions. Because each temporary indigent housing proposal has unique characteristics, including, but not limited to, size, duration, uses, number of occupants and composition, the director shall have the authority to impose conditions on the approval of a temporary use permit to ensure that the proposal meets the criteria for approval listed above. Conditions, if imposed, must be intended to minimize nuisance-generating features in matters of noise, waste, air quality, unsightliness, traffic, physical hazards and other similar matters that the temporary outdoor encampment or extreme weather shelter may have on the area in which it is located. In cases where the application for temporary use permit does not meet the provisions of this chapter (except when allowed under subsection (D) of this section) or adequate mitigation may not be feasible or possible, the director shall deny the application.
D. Modification of Requirements. The director may approve a temporary use permit for a temporary outdoor encampment or extreme weather shelter that relaxes one or more of the standards in this chapter only when, in addition to satisfying the decision criteria stated above, the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe encampment or shelter with minimal negative impacts to the host community under the specific circumstances of the application. In considering whether the modification should be granted, the director shall first consider the effects on the health and safety of encampment or shelter residents and the neighboring communities. Modifications shall not be granted if their adverse impact on encampment or shelter residents and/or neighboring communities will be greater than those without modification. The burden of proof shall be on applicant.
E. Appeal. The director’s decision may be appealed to the hearing examiner under Process II (LMC 1.35.200 et seq.). (Ord. 3309 § 2 (Exh. A), 2018; Ord. 2731 § 1, 2008)