Bend councilors get briefing on disputed shelter code amendments ahead of May 4 public hearing

(Update: Adding video)

Staff also outlines current rules - and what changes would not do

BEND, Ore. (KTVZ) -- Bend city councilors got a briefing Wednesday evening on the controversial proposed amendments to city codes regarding temporary, permanent and hardship shelters for the homeless ahead of a scheduled public hearing at their May 4 meeting.

Bend's planning commission took public testimony on the proposed shelter code changes earlier this year, most of it negative about any broader allowance of shelters in residential areas, and made several changes before sending the recommended amendments on to the city council.

There are three permanent shelter types in the code -- outdoor, multi-room and group shelters, along with codes for temporary shelters and hardship housing housing.

Good neighbor guidelines would need to include items addressing certain rules for shelter use, facility operations and maintenance, and safety and security for both temporary and permanent shelters. The original code as drafted by a "sounding board" convened by the city did not require storage for shelters and the commission decided it should be added.

While the wording has been reworked and provisions added or changed, city staff also noted the context of the current situation, including that under current city code, temporary housing is permitted in residential and other areas, and has been for years, with some conditions. They require a conditional use permit in residential zones, but are permitted outright in some commercial zones and not allowed in others, such as general or light industrial zones.

HB 2006, a state law that lawmakers recently extended by a year, now expiring in July 2023, requires local governments to approve emergency shelters, without regard to local land use laws, if they meet a limited set of standards, such as that they “must not pose an unreasonable risk to health or safety.”

Those were the requirements under which the Central Oregon Veterans Village was built and St. Vincent de Paul of Bend is building its 10-unit village, along with the city's purchase of the Second Street warming shelter, now a year-round shelter.

The city has said it is updating its 16-year-old shelter code for more clarity and to add specifics such as parking, along with clear standards for things like storage and "good neighbor guidelines."

The staff also noted what the code amendments don’t do, being a land-use process, such as regulate day-to-day operations, or require them to conduct mental health or alcohol screening. They also are not exempted from other city rules or change the requirements of neighborhood CC&Rs.

Councilor Barb Campbell said while the overall city council goal has been to remove barriers to affordable housing, "my perspective is, we’re kind of doing the opposite.” She said as a result of HB 2006, passed to address a housing crisis around the state, “people were, with good reason, quite concerned about what might happen literally next door to their homes, their schools, their churches.”

The current effort, drawing fire from many worried residents, is to “actually give our community more certainty” about what could be proposed: “Our part in this is actually to put in restrictions that we think our reasonable, for our community.”