Burien Planning Commission members on Jan. 8 received a staff introduction to proposed permanent rules for temporary encampments after the city adopted an interim zoning ordinance Dec. 9 to comply with House Bill 1754.

Senior planner Chase Gatson said the presentation was intended to “bring you up to speed on what happened at the end of the year for the interim zoning ordinance related to this topic and get us ready to follow the normal procedures for adopting permanent provisions.” The state law requires cities to allow temporary encampments on property owned or controlled by religious organizations, and Gatson told the commission the draft ordinance follows the statute while adding local permit and safety conditions.

The nut graf: The draft converts the interim approach into a permanent permitting path that combines a temporary use permit, a memorandum of understanding between the city and the host organization, public notice and a neighborhood meeting, and inspections and conditions tied to public-safety codes. The schedule discussed at the meeting calls for a city council public hearing on the current interim ordinance on Jan. 13 and for the Planning Commission to review draft permanent provisions in coming weeks so the council can adopt rules (or extend the interim ordinance) before the six-month deadline.

Key provisions and standards

Gatson summarized the four encampment types the ordinance addresses: tent encampments (outdoor), temporary small homes (tiny homes or pallet shelters), indoor overnight shelters (for example at houses of worship), and safe-resident vehicle parking. He said the draft mirrors statutory limits for duration and some design standards: tent encampments and safe parking would be allowed up to six months in a calendar year (with a required three-month separation between uses on the same site), while temporary small homes and indoor shelters may be allowed up to one year. Gatson said the proposed code does not set a cap on number of residents.

The draft also incorporates state-provided limits for safe parking (a baseline of no more than 10 percent of a lot’s parking spaces, subject to deviations in the MOU), a maximum size of 120 square feet for temporary small homes and a prohibition on underground utilities for those units, sanitation and restroom access requirements, and a 1,000-foot separation rule that can bar siting encampments within that distance of another encampment.

Public-safety and inspection role

Gatson emphasized that many safety requirements will be enforced through existing building, electrical and fire inspections rather than by restating technical code in the temporary-use ordinance. “This statute . . . is really tailored around public safety, health, and welfare, and flexibility,” Gatson said, explaining the memorandum of understanding (MOU) would allow the city and host organization to document deviations and safety plans when historic buildings lack sprinklers or two compliant exits.

Gatson listed examples of code elements that either require pre- or post-approval inspection: tent materials and spacing (e.g., 12-foot fire lanes between tent groups), limits on open flames, electrical heating options, locking doors and windows and fire extinguishers in small homes, restroom access and solid-waste disposal, and minimum safety measures for indoor shelters such as illuminated exit signage, smoke/CO detectors and an overnight monitoring plan.

Notice, neighborhood meetings and operations

Under the draft, the city—not the applicant—would perform public noticing for the required neighborhood meeting, though the host organization must physically host the meeting. Notice must comply with the statute (Gatson said the code will require at least two of the notice methods enumerated in statute and that the city will provide the specifics in the next staff report) and written notice of a hosted neighborhood meeting must be provided to the city clerk at least one week but no later than 96 hours before the meeting. Gatson said the city can issue a decision on an application within 30 days, if materials and inspections are in order.

Commissioners asked about operational elements that state law leaves to hosts. Commissioner Sam Ostrander asked whether a 40-foot setback for temporary toilet facilities could exclude small or irregular lots and suggested a percentage-based metric or alternate screening standard; Gatson said he would study GIS parcel sizes and could present alternative screening or setback approaches. Ostrander asked, “Could that be a percentage instead of a fixed number?”

Several commissioners pressed how the ordinance and MOU would address ongoing operational changes, community complaints and renewals. Gatson said an MOU could include provisions for streamlined renewals, but substantial operational changes that deviate from an approved permit (for example switching from an indoor shelter to an outdoor tent encampment without approval) would be a code-compliance issue and handled by the city’s compliance process. He also said the host organization would be required to perform specified checks—such as offender-registry checks—and to coordinate with the police department and, when applicable, homeless services reporting systems (HCMIS) so client data are captured when hosts do not receive grant funding.

Open questions staff will return with

Commissioners and staff identified items to clarify in the next draft: whether different encampment types on the same site count toward the 1,000-foot separation, how to measure the 1,000-foot buffer (Gatson said it will typically be measured from the property perimeter), which health department will inspect sanitation facilities (Gatson noted King County Public Health may be the relevant agency for septic/portable facilities), whether toilet setbacks should be a fixed distance or adaptable, and how the offender-registry checks will function operationally with the police department. Gatson also said staff will bring back the specific methods of notice required by statute (he did not include them in the current packet) and will propose draft code language at upcoming meetings.

Next steps

Gatson told the commission the council will hold a public hearing on the interim zoning ordinance at its Jan. 13 meeting; Planning Commission members will see a draft permanent ordinance in the next meeting cycle and the Planning Commission will make a recommendation to council. If the city does not adopt permanent provisions by the six-month deadline, the council must adopt a work plan or extend the interim ordinance another six months.

Administrative items

The commission approved the meeting agenda and the Nov. 13, 2024 minutes by unanimous consent early in the session. Planning staff announced recruitment for a vacant planning position (applications due Jan. 31) and interviews for an assistant planner and a code compliance officer.

Ending

Staff will return with a revised draft addressing the points above and with more detailed notice language and technical clarifications for fire, sanitation and measurement. The Planning Commission is scheduled to revisit temporary encampment draft code amendments at its Feb. 12 meeting and will consider forwarding a recommendation to the City Council.