Religious organizations hosting the homeless pursuant to RCW
35.21.915 are exempt from the permit requirements of this section.
The director of community development, or his/her designee, may issue a temporary and revocable permit for a hosted homeless encampment subject to the following criteria and requirements:
(1) Procedural Approval.
(a) The sponsoring agency shall notify the city of the proposed hosted homeless encampment a minimum of 30 days in advance of the proposed date of establishment for the hosted homeless encampment and at least 14 days before submittal of the temporary use permit. The advance notification shall contain the following information:
(i) The date the hosted homeless encampment will encamp;
(ii) The length of the hosted homeless encampment;
(iii) The maximum number of residents proposed; and
(b) The sponsoring agency shall conduct at least one public informational meeting within, or close to, the neighborhood where the proposed hosted homeless encampment will be located, a minimum of two weeks prior to the submittal of the temporary use permit application. The time and location of the meeting shall be agreed upon between the city and sponsoring agency. All property owners within 1,000 feet of the proposed homeless encampment shall be notified at least 14 days in advance of the meeting by the sponsoring agency. Proof of mailing shall be provided to the director of community development.
(2) Site Criteria.
(a) If the sponsoring agency is not the host agency of the site, the sponsoring agency shall submit a written agreement from the host agency allowing the hosted homeless encampment.
(b) The property must be sufficient in size to accommodate tents and necessary on-site facilities, including, but not limited to, the following:
(i) Sanitary portable toilets in the number required to meet capacity guidelines;
(ii) Hand-washing stations by the toilets and by the food areas;
(iv) Food tent and security tent.
(c) The host and sponsoring agencies shall provide an adequate water source to the hosted homeless encampment, as approved by the provider as appropriate, or other water service.
(d) No homeless encampment shall be located within a critical area or its buffer as defined under Chapter
17.10 LMC.
(e) No permanent structures will be constructed for the hosted homeless encampment.
(f) No more than 100 residents shall be allowed. The city may further limit the number of residents as site conditions dictate.
(g) Adequate on-site parking shall be provided for the hosted homeless encampment. No off-site parking will be allowed. If the hosted homeless encampment is located on site with another use, it shall be demonstrated that the hosted homeless encampment parking will not create a shortage of code-required on-site parking for the other uses on the property.
(h) The hosted homeless encampment shall be within one-quarter mile of a bus stop with six-days-per-week service, whenever possible. If not located within one-quarter mile of a bus stop, the sponsoring agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses).
(i) The hosted homeless encampment shall be adequately buffered and screened from adjacent right-of-way and residential properties. Screening shall be a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the city.
(j) All sanitary portable toilets shall be screened from adjacent properties and rights-of-way. The type of screening shall be approved by the city and may include, but is not limited to, a combination of fencing and/or landscaping.
(k) The sponsoring agency shall be responsible for the cleanup of the hosted homeless encampment site within seven calendar days of the encampment's termination.
(3) Security.
(a) An operations and security plan for the homeless encampment shall be submitted and approved by the city.
(b) The host agency shall provide to all residents of the hosted homeless encampment a code of conduct for living at the hosted homeless encampment. A copy of the code of conduct shall be submitted to the city at the time of application.
(c) All hosted homeless encampment residents must sign an agreement to abide by the code of conduct and failure to do so shall result in the noncompliant resident's immediate and permanent expulsion from the property.
(d) The sponsoring agency shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay.
(e) The sponsoring agency shall take all reasonable and legal steps to obtain verifiable identification, such as a driver's license, government-issued identification card, military identification or passport from prospective and existing encampment residents.
(f) The sponsoring agency will use identification to obtain sex offender and warrant checks from the Longview police department or Cowlitz County sheriff's office.
(i) If said warrant and sex offender checks reveal either: (A) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (B) the subject of the check is a sex offender, required to register with the county sheriff or their county of residence pursuant to RCW
9A.44.130, then the sponsoring agency will reject the subject of the check for residency to the hosted homeless encampment or eject the subject of the check if that person is already a hosted homeless encampment resident.
(ii) The sponsoring agency shall immediately contact the Longview police department if the reason for rejection or ejection of an individual from the homeless encampment is an active warrant, is due to the individual being a sex offender required to register and/or if, in the opinion of the on-duty executive committee member or the on-duty security staff, the rejected/ejected person is a potential threat to the community.
(g) The sponsoring agency shall self-police and self-manage its residents and prohibit alcohol, drugs, weapons, fighting, and abuse of any kind, littering or disturbing neighbors while located on the property.
(h) The sponsoring agency will appoint an executive committee member to serve on duty at all times to serve as a point of contact for city of Longview police and will orient the police as to how the security operates. The names of the on-duty executive committee members will be posted daily in the security tent. The city shall provide contact numbers of nonemergency personnel, which shall be posted at the security tent.
(4) Timing. All permits issued under this section must be annually reviewed for renewal by the director of community development or their designee. Renewal of permits is at the sole discretion of the director or their designee. Permits issued under this section will automatically expire after one year unless renewed by the director or their designee.
(5) Health and Safety.
(a) The homeless encampment shall conform to the following fire requirements:
(i) Material used as roof covering and walls shall be in accordance with the fire code.
(ii) There shall be no open fires for cooking or heating.
(iii) No heating appliances within the individual tents are allowed unless the appliance is designed and listed for that purpose.
(iv) No cooking appliances other than microwave appliances are allowed.
(v) An adequate number and appropriate rating of fire extinguishers shall be provided as approved by the fire department.
(vi) Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the fire department.
(vii) Adequate separation between tents and other structures shall be maintained as determined by the fire department.
(viii) Electrical service shall be in accordance with recognized and accepted practice; electrical cords are not to be strung together and any cords used must be approved for exterior use.
(b) The sponsoring and host agencies shall permit inspections by Longview city staff and the Cowlitz County health department at reasonable times without prior notice for compliance with the conditions of this permit.
(6) Good Neighbor Agreement/Community Engagement Plan. Any hosted homeless encampment established pursuant to the provisions of this section shall, in addition to the provisions of this section, also comply with the requirements of LMC §
19.44.110 regarding good neighbor agreements and community engagement plans.
(7) Termination. If the sponsoring agency fails to take action against a resident who violates the terms and conditions of this permit, it may result in immediate termination of the permit. If the city learns of uncontrolled violence or acts of undisciplined violence by residents of the encampment and the sponsoring agency has not adequately addressed the situation, the temporary use permit may be immediately terminated.
(Ord. 3146 § 1, 2010; Ord. 3150 § 1, 2010; Ord. 3417 § 3, 2019; Ord. 3443 § 1, 2021; Ord. 3495 § 1, 2023)