A. 
The purpose of this chapter is to regulate temporary encampments within the City of Tukwila in compliance with the requirements and definitions of RCW 35A.21.360. The standards and requirements in this chapter are the minimum necessary to protect the public health and safety and do not substantially burden the decisions or actions of religious organizations regarding the location of housing or shelter for persons on property owned by such religious organizations.
(Ord. 2745 § 3, 2024)
A. 
A temporary encampment is an allowed use only on property owned or controlled by a religious organization that is acting as either the host agency or the managing agency, or both, for the temporary encampment.
B. 
The application for a temporary encampment permit must be accompanied by an application fee established by resolution of the City Council. The application fee shall be based on actual costs associated with the review and approval of the application. The application shall not be considered complete unless and until the application fee is paid.
C. 
An application for a temporary encampment permit must be filed at least 30 days before the date on which the temporary encampment is proposed to move onto the proposed location; provided, that the City may agree to a shorter period in the case of an emergency beyond the control of the host agency and managing agency.
D. 
An application for a temporary encampment permit shall be processed as a Type 2 decision, subject to the provisions found at TMC Chapter 18.104.
E. 
Informational Meeting:
Prior to the opening of a Temporary Encampment, the host and/or managing agency shall participate in a community information meeting in coordination with the Department. The purpose of the meeting is to provide the surrounding community with information regarding the proposed duration and operation of the temporary encampment, conditions that will likely be placed on the operation of said encampment, requirements of the written code of conduct, and to answer questions regarding the temporary encampment. Comments provided to the Department at the community informational meeting shall not be used as a basis for consideration of the permit application.
1. 
Notice of Meeting:
At least 10 days prior to the meeting, notice shall be provided via all the following methods:
a. 
Mailed notice shall be issued to owners of record of property within 500 feet of the site, and to the occupants thereof to the extent the street addresses of such properties are different than the mailing addresses of the owners.
b. 
Posted notice shall be provided by the applicant in accordance with the requirements for Type 2 permits found at TMC Section 18.104.110.
c. 
Notice shall be provided on the City’s website and to all entities who have requested notices of special meetings.
F. 
A decision granting, granting with conditions, or denying a temporary encampment permit shall be subject to appeal as provided in TMC Chapter 18.116 for Type 2 permit decisions.
(Ord. 2745 § 4, 2024)
A. 
An application for a Temporary Encampment permit shall demonstrate compliance with all the following requirements, in addition to any other requirements imposed by this chapter, prior to permit issuance. If at any point during the operation of a Temporary Encampment the Department determines that the criteria of approval and operation are not being met, the permit may be suspended or revoked by the Department pursuant to TMC Section 18.48.040.
1. 
The property or building shall be of sufficient size to accommodate the proposed number of tents and the on-site facilities required by this section. The maximum number of occupants shall be determined by taking into consideration the size and conditions of the proposed site; however, no encampment may exceed 40 occupants regardless of site conditions.
2. 
Adequate provision shall be made for the provision of drinking water, disposal of human waste, disposal of garbage and other solid waste, and the provision of other services, including, but not limited to, the following facilities:
a. 
Sanitary portable toilets or other restroom facilities in the number required to meet health regulations for the residents and staff of the temporary encampment; and
b. 
Hand washing stations by the toilets or restrooms and by food service areas; and
c. 
Refuse receptacles meeting the requirements of the City’s solid waste hauler; and
d. 
A food service tent or other food service building or facility meeting health department and fire safety requirements; and
e. 
A management tent or other management office or facility providing administrative and security services and readily identifiable to residents and visitors.
3. 
The temporary encampment shall meet all setbacks for the zoning district in which the property is located; provided, that where the temporary encampment abuts property containing residential uses, the temporary encampment shall be set back 20 feet from the property line.
4. 
A six-foot-tall sight obscuring fence shall be provided around the perimeter of the temporary encampment unless the City determines that there is sufficient vegetation, topographic variation, or other site conditions to provide equivalent screening of the use from adjacent properties. Entry points into the site should be limited and monitored.
5. 
Exterior lighting must be directed downward and contained within the temporary encampment.
6. 
A new encampment may not be permitted to open while there is a simultaneous encampment operating within 1000 feet.
7. 
Required minimum on-site parking for the host site’s permanent/other uses shall not be either displaced by said encampment or used to meet said encampment’s parking requirements, unless a shared parking agreement is executed with adjacent properties to compensate.
8. 
No animals shall be permitted in the temporary encampment, except for service animals.
9. 
The managing agency and/or the host agency shall submit a code of conduct for the temporary encampment and a statement describing how the code of conduct will be enforced. The code of conduct shall, at a minimum, contain the following:
a. 
A prohibition on the possession or use of illegal drugs or alcohol.
b. 
A prohibition on the possession of guns, knives with blades in excess of three inches, and weapons of all kinds.
c. 
A prohibition on violence.
d. 
A prohibition on open flames.
e. 
A designated smoking area shall be provided on site in the location which would result in the least impact on neighboring properties based on distance.
f. 
A prohibition on trespassing into private property in the surrounding neighborhood.
g. 
A prohibition on loitering in the surrounding neighborhood.
h. 
Hours during which quiet is to be observed.
10. 
A transportation plan shall be submitted by the managing agency and/or the host agency providing for access to transit.
11. 
The temporary encampment shall comply with all regulations of Washington State, the City of Tukwila, and the best practices listed in the King County Public Health Sanitation and Hygiene Guide for Homeless Service Providers. The temporary encampment shall comply with the requirements of the International Fire Code and Washington Cities Electrical Code as adopted by the City of Tukwila. The managing agency and host agency shall permit inspections at all reasonable times by appropriate public officials from the agencies enforcing these codes for code compliance.
12. 
The managing agency shall take all reasonable and legal steps to obtain verifiable identification from prospective residents of the temporary encampments and use the identification to obtain sex offender and warrant checks from the appropriate agency. If the warrant and sex offender check reveals that a prospective resident or existing resident is a sex offender who is required to register with police or that the prospective resident has an outstanding warrant, the managing agency shall immediately contact the Tukwila Police Department. If someone is rejected or ejected from the temporary encampment and in the reasonable opinion of the on-duty member or on-duty security staff, the rejected/ejected person is a potential threat to the community, the managing agency shall immediately contact the Tukwila Police Department.
13. 
Adequate access for fire and emergency medical apparatus shall be provided.
14. 
Adequate separation between tents and other structures shall be maintained in order to limit fire exposure and provide for emergency exiting by residents.
15. 
Temporary Encampment permits may be approved for a time period not to exceed four consecutive months. The encampment shall vacate the site for at least three months before another permit may be issued. No temporary encampment shall be permitted on any single property for more than 6 months in any calendar year.
16. 
The managing agency shall appoint a member to serve as a point of contact for the Tukwila Police Department. At least one member shall be on duty at all times at said encampment. The names of the on-duty members shall be posted daily.
17. 
Encampments are primarily intended to shelter adults. The managing agency may only permit children under the age of 18 to stay overnight at a Temporary Encampment if more suitable overnight accommodation for the child and parent or guardian is unavailable. If a child under the age of 18, either alone or accompanied by a parent or guardian, attempts to stay overnight, the camp host/manager shall endeavor to find alternative shelter for the child and any accompanying parent or guardian.
18. 
The temporary encampment shall not be materially injurious to the public health, safety, and welfare, or materially injurious to the property or improvements in the immediate vicinity.
(Ord. 2745 § 5, 2024)
A. 
The Department may suspend or revoke a temporary encampment permit for violations of any of the requirements of this chapter. The length of suspension shall be based on the time needed to correct the violation. The decision of the Department to revoke a temporary encampment permit shall be stayed during any appeal to the hearing examiner, but the stay will be lifted if the hearing examiner upholds the revocation. Decisions of the hearing examiner on a temporary homeless encampment permit revocation may be appealed to the King County Superior Court as provided in chapter 36.70C RCW.
(Ord. 2745 § 6, 2024)