Council tables permanent temporary‑encampment ordinance after Planning Commission recommendation; Oasis Church lawsuit cited

Lede: The Burien City Council on April 21 heard a Planning Commission recommendation and staff briefing on permanent code provisions implementing Washington’s temporary‑encampment law (House Bill 1754) but voted unanimously to table the ordinance until pending litigation involving Oasis Church is resolved.

Nut graf: Planning commissioners and staff described the proposed permanent rules, including permitting processes, public‑notice and community meeting requirements, sanitation guidance, and flexibility measures (for example, making 24‑hour on‑site staffing recommended rather than required and removing a proposed active warrant check). After deliberation, Councilmember Armada moved to table consideration pending the outcome of the church’s lawsuit; the motion carried unanimously.

Body: Planning Commission Chair Shelley Park and Vice Chair Jessica Ivy summarized the commission’s work and emphasized the balance they sought between expanding options for people experiencing homelessness and protecting neighborhood safety and public health. They said the commission worked with staff and legal counsel to craft provisions aimed at consistency, transparency and safety without imposing barriers that would unduly burden religious organizations that may host temporary encampments.

Staff and legal counsel described key elements of the draft permanent provisions: definitions that clarify the four statutorily authorized encampment types (outdoor tent encampments, resident vehicle safe‑parking, temporary small homes such as pallet shelters, and indoor overnight shelters); a memorandum of understanding and permit pathway intended to be reviewed within approximately 30 days; sanitation and hygiene guidance for operators; clarified rules allowing a provider to offer more than one form of temporary shelter together; expanded noticing and neighborhood meeting requirements (staff said the city would carry out four notice methods); and explicit flexibility so providers and the city can meet safety objectives without imposing cost‑prohibitive upgrades.

Planning staff said earlier packet errors had been corrected: the draft now reflects that 24‑hour on‑site staffing is strongly recommended rather than mandatory, and the prior language proposing an active warrant check was removed after legal review.

Public comments during the meeting raised equity and operational concerns: Boulevard Park resident Kelsey Vanhee urged an equity lens for animal control and noted language‑access problems with CARES intake; Jody Rao, a public health nurse and co‑author of sanitation guidance cited in the packet, asked the council to avoid code requirements that would prevent faith‑based groups from operating shelters (she urged postponement of overly strict requirements in ordinance 861). Planning commissioners and staff said the code seeks to preserve flexibility and avoid undue burdens.

Action: Councilmember Armada moved to table the ordinance until the legal status of a lawsuit involving Oasis Church is resolved; a second was recorded but not named in the transcript, and the motion passed with unanimous approval. Councilmembers present voted to table the item and the ordinance will not proceed until the legal matter is concluded or otherwise resolved.

Ending: Staff said they would update the council after litigation concludes and return ordinance language for consideration at a future meeting. The council did not take further action on the ordinance that night.