037-19 - Ordinance - Amending Chapter 20.39 to Adopt Regulations Related to Social Services FacilitiesoRDTNANCE NO. 037-19
AN ORDINANCE OF THE C TY OF PORT ORCHARD, WASH NGTON,
AMEND NG CHAPTER 20.39 OF THE PORT ORCHARD MUN CIPAL CODE
TO ADOPT REGUTAT ONS RETATED TO SOC AL SERV CES FAC LITIES;
REPEAT NG INTERIM ORDINANCE NO. 015-19; PROV D NG FOR
SEVERAB L TY AND CORRECT ONS; AND ESTABL SHING AN EFFECT VE
DATE.
WHEREAS, in 1990, Washington State passed a law, Chapter 7L.O9 RCW, to authorize
the indefinite civil commitment of individuals found by a Superior Court to be a Sexually Violent
Predator (SVP); and
WHEREAS, certain individuals that are civilly committed as SVPs have fulfilled their
sentence, but have been found to suffer from a mental abnormality or personality disorder that
makes the individual likely to reoffend if not confined in a secure facility; and
WHEREAS, in L997, a federal district court civil rights lawsuit was filed alleging violations
of the constitutional rights of individuals that were civilly committed under Washington law;
and
WHEREAS, in L994, the Federal District Court for Western Washington entered an order
and injunction requiring the state to provide constitutionally adequate mental health treatment
for individuals that have been civilly committed. The court also found that the lack of a less
restrictive alternative (LRA) to total confinement limited an individual's opportunity to
demonstrate their reduced risk and ordered the state to explore alternatives; and
WHEREAS, in 2OO7, the federal district court dismissed the injunction and closed the
case after the state established two Secure Community Transition Facilities (SCTF) and
amended state law, RCW 7L.O9.O70, to require an annual review to determine if an SVP is
eligible for placement in an LRA; and
WHEREAS, an LRA is a facility that provides court-ordered supervision, security, and
treatment to individuals that have been civilly committed and conditionally released from a
total confinement facility; and
WHEREAS, Washington State does not regulate the location or land use and life safety
impacts of community based LRAs; and
Ordinance No. 037-t9
Page 2 of 5
WHEREAS, the City Council of the City of Port Orchard determined that current city
regulations do not sufficiently define LRA facilities or mitigate their land use and life safety
impacts to protect both the residents of potential LRA facilities within the city or the neighbors
of such facilities; and
WHEREAS, the GroMh Management Act (GMA), Chapter 36.70A RCW, provides that
each jurisdiction's comprehensive land use plan and development regulations shall be subject
to continuing review and evaluation; and
WHEREAS, on April 9,2019, the City Council adopted an interim zoning ordinance
(lnterim Ordinance No. 015-19) to protect public health and safety pursuant to RCW
36.70A.390; and
WHEREAS, on May L4,2OL9, pursuant to RCW 36.70A.390, the City Council held a public
hearing, which was within sixty (50) days of the adoption of lnterim Ordinance No. 015-19; and
WHEREAS, the City Council took into account the oral testimony and written
information provided at the public hearing, if any; and
WHEREAS, the Planning Commission held a public hearing on the proposed permanent
ordinance on June 4,2OL9; and
WHEREAS, the City Council now desires to enact permanent regulations to protect
public health and safety in a way that mitigates land use and life safety impacts without
precluding the state-mandated placement of housing for persons that are civilly committed and
conditionally released to a less restrictive alternative to total confinemenU now, therefore,
THE C TY COUNC L OF THE C TY OF PORT ORCHARD, WASH NGTON, DO
ORDA N AS FOLLOWS:
sEcTtoN 1.Findings. The City Council adopts all of the "Whereas" sections of this
Ordinance as findings in support of this Ordinance.
SECTION 2. Amendments to POMC 20. . Amendments to the
Use Table set forth in Section 20.39.040 of the Port Orchard Municipal Code (POMC) are hereby
permanently adopted as set forth in Attachment 1, attached hereto and incorporated herein by
this reference.
SECTION 3. Amendments to POMC 20.39.120 Adopted. Amendments to the definition
Ordinance No. O37-L9
Page 3 of 5
of "social Services" set forth in POMC 20.39.120 are hereby permanently adopted as follows:
2O.39.L20 Soc a Serv ces. Defined: A facility that provides treatment for
persons not protected under the Fair Housing Act or who present a direct
threat to the persons or property of others. lncludes persons convicted
for illegal manufacture or distribution of a controlled substance, sex
offenders, and juvenile offenders. Also includes facilities that provide
transient housing related to post-incarceration and social service
programs. Does not include facilities serving persons who have been
civilly committed as Sexually Violent Predators (SVPs) and conditionally
released to a less restrictive alternative (LRA) in accordance with Chapter
7L.O9 RCW. Such facilities are are addressed in POMC 20.39.L22, below
("Secured High Risk Social Service Facilities").
SECT ON 4. New POMC Section 20.39.L22 Adopted. A new POMC Section 2O.39.L22 ts
hereby permanently adopted as follows:
2O.39.L22. Secured H gh Risk Social Service Fac ities. Secured high risk
social service facilities are facilities serving one or more persons civilly
committed as Sexually Violent Predators (SVPs) and conditionally
released to a less restrictive alternative (LRA) in accordance with Chapter
7L.09 RCW. An LRA is a facility that provides court-ordered supervision,
security, and sex offender treatment services.
(1) Secured high risk social services facilities shall only be permitted in
zones where permitted as a conditional use in the land use table in this
chapter.
(2) Where indicated as a conditional use in the use table, Section
20.39.040, a secured high risk social services facility is required to obtain
a conditional use permit per Chapter 20.50. ln addition to the criteria for
approval in Section 20.50.050, the hearing examiner must also make the
following findings in order to issue the conditional use permit:
(a) The city shall hold a neighborhood meeting prior to a public hearing
for the proposed secured high risk social services facility. The project
applicant shall cover all meeting costs.
(b) The city shall provide community notification to all landowners within
a half-mile radius of the proposed secured high risk social services facility
at least two (2) weeks prior to a neighborhood meeting. The project
applicant shall cover all community notification costs.
Ordinance No. 037-19
Page 4 of 5
(c) The secured high risk social services facility shall not be located
adjacent to, immediately across a street or parking lot from, or within the
line of sight of a risk potential activity or facility in existence at the time
the secured high risk social services facility is established.
(i) "Within the line of sight" means that it is possible to reasonably
visually distinguish and recognize individuals.
(ii) "Risk potential activities and facilities" means an activity or facility
that provides a higher incidence of risk to the public from persons
conditionally released to an LRA. Risk potential activities and facilities
include: Public and private schools, school bus stops, licensed day care
and licensed preschool facilities, domestic violence shelters, public parks,
publicly dedicated trails, sports fields, playgrounds, recreational and
community centers, churches, synagogues, temples, mosques, public
libraries, public and private youth camps, and others identified during a
public hearing. For the purposes of this section, "school bus stops" does
not include bus stops established primarily for public transit.
(d) The secured high risk social services facility shall not be located in a
community protection zone as defined in RCW 9.94A.030(6).
(i) Distance shall be measured from al! property lines of the socia!
services facility and from al! property lines of the facilities and grounds of
a public or private school.
(e) The secured high risk socia! services facility shall meet the applicable
health district standards for water and sewage disposal to account for staff
and residents.
(f) Principal access to the secured high risk social services facility shall be
from a city-maintained right-of-way.
(g) lf a person's liberty is restricted or a person is not capable of self-
preservation without physical assistance, the secured high risk social services
facility shall be equipped with an automated fire sprinkler system as required
by the building code.
(h) !f windows/doors are required to be secured, the secured high risk social
services facility shal! have a system to automatically release locks, which shall
be interlocked with the fire protection system.
(a) The secured high risk social services facility shall have backup power
sufficient to energize the safety and security systems in the event of a power
outage.
SECT ON 5. Repeal of lnterim Ordinance. lnterim Ordinance No. 015-19 is hereb
repealed in its entirety as of the effective date of this Ordinance.
v
Ordinance No. O37-L9
Page 5 of 5
sEcr oN 5.Severabilitv. lf any section, sentence, clause or phrase of this Ordinance or
its application to any person or circumstance should be held to be invalid or unconstitutional by
a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance
nor shall the application of the provision to other persons or circumstances be affected.
SECT ON 7. Clerica ohical Error.Should this Ordinance, upon being enacted
by the City Council of the City of Port Orchard, have anything inadvertently left out or in error
upon publication, the explicit action of the City Council as discussed and passed shall prevail
upon subsequent review and verification by the City Council.
SECTTON 8. Effective Date. This Ordinance shall be in full force and effect five (5) days
after posting and publication, as required by law. A summary of the Ordinance may be
published in lieu of the entire Ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 24th day of September 2019.
Robert Putaansuu, Mayor
A
Bra n y Rinearson, MMC, City Clerk
APPROVED AS TO FORM:SPONSOR
(
T
ron Cates, City Attorney
PUBLISHED: October 4,2OL9
EFFECTIVE DATE: October 9,2OL9
ATTACHMENTS:
Scott Diener, Councilmember
Attachment 1: Amended POMC 20.39.40 Use Table
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Use Category
Specific Use t Nt J
Residential Uses
All household living, as
listed below:
Single-family detached
(including new
manufactured homes)
P P P P P P P
Designated Manufactured
Home, Manufactured or
Mobile Home (except for
new designated
manufactured homes)
P
New Designated
Manufactured Home P P P P P P P P
Two-family P P P P P P
Si ngle-fam i ly attached
(2 units)P P P P P P
Si ngle-family attached
(3 or 4 units)P P P P P P P P P P P P P
Si ngle-fami ly attached
(5 or 6 units)P P P P P P P P P P P
Multi-family (3 or 4 units)P P P P P PPP PP P
Multi-family
(5 or more units)P P P P P P P P P P
Manufactured or Mobile
Home Park
Boarding House C c c c
Congregate Living
Facilities c c c c c
Lodging House c c c ccP
Group home
(up to 8 residents), except
as follows:
P P P P P P P P P P
Adult Family Home P P P P P P P P
All group living
(9 or more residents)c c P c P c P P
PSocial Services Facilities P PP
20.39.040 Use Eble.
(Gray shading separates categories into Residential, Commercial & lndustrial, & Civic/Parks)
Definition/
Standards
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.600-615
20.39.610
1
20.39.615
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Use Category
Specific Use tr (\
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Secured High Risk Social
Services Facilities c c c c
Public Uses
All civic uses, as listed
below:
Community college,
university, trade or
technical school
(8,000 square feet
or less).
P P P P P
Community college,
university, trade or
technical school
(more than 8,000
square feet).
c C c c c
Club or lodge P P P P P
Public use P P P P P P P P P P P P P
Museum, library P P P P P P
c c C c c P P P P PPlace of worship
School (K-12)C
Jail or Detention Center c c c c
Transit park and ride lot C c c c P PCPcCcPPPPP
Transfer station P P
Transit bus base P P P
All open space and park
uses, as listed below:
Cemetery c P
Golf course c c c c c P P
Park, recreation field
P P
Animal shelter or
adoption center c c c c c c c-
All utilities, as listed
below:
Minor utilities P P P P P P P P P P P P P P P P P P P P P
Major utilities P P P P P P
P P P P
Definition/
Standards
20.39.240
20.39.240
20.39.240
20.39.240
20.39.240
20.39.240
20.39.240
20.39.240
20.39.230
20.39.210
20.39.410
20.39.410
20.39.410
20.39.200
20.39.415
20.39.415
Wireless
telecommunication
facilities, as listed below
Amateur radio operator
tower
2
20.39.270
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Use Category
Specific Use E (\t
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Small cell wireless
telecommunication
facility
P P P P P P P P P
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P PPPPP P P P P P P
Wreless
telecommunication
tower (excludes
small cell facilities)
c c C c c c c c c c c c c c C c c c c
Commercial Uses
All day care, as listed
below:
Family day care
(6 children or
fewer)
P P P P P P
c c c c c C P P P P PGroup day care (mini day
care) (7 to 12)
Day care center
(13 or more)c c c c PP P
c c P cAll indoor recreation,
except as listed below:
Shooting range C c
c
C
c cSpecial event facility c c c c c c c c
Commercial Entertainment,
except as follows:
P P PPP P P
Adult Entertainment c C
c cAll outdoor recreation,
except as listed below:c
C c
c-c P PP
c c
C
Campground, travel
trailer park, RV park
(does not include
mobile home park)
Horse stable, riding
academy, equestrian
center
Shooting range
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c c c c cMarina (upland areas)c cccc
All overnight lodging, as
listed below:
P P P P P P P P P
Definition/
Standards
20.39.270
20.39.270
20.39.505
20.39.505
20.39.505
20.39.510
20.39.510
20.39.515
20.39.530
20.39.530
20.39.530
20.39.575
Level 1: Vacation
rentals or similar short-
term house/room rentals
PPP
3
20.39.535
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Use Category
Specific Use t $ttr J
c
Level 2: Bed and
breakfast (up to 7
rooms)
c c c c P P
Level 3: Motel P P
P F P P PLevel 4: Hotel
All medical, except as
listed below:
C c P P P P P P
Hospital c c c C c
c c P P P P P P P
All office, except as listed
below:
Bail bonds c c C c P P
C c P P P P P P cPSurface parking:
commercial parking,
commuter lease parking or
park and ride, remote
parking
Commercia! parking garage
- standalone
P P c
P P P P P P P P P P P P P P
P P P PC
c c C Pc
P P P P P P P
c c P c
P P P P P
Electric vehicle
charging stations
All personal service,
except as listed below
Funeral home
Crematorium P P P P
lndoor animal care c P P P P P
P P
Outdoor animal care c c C c
Business services c P P P P c
c c c c
P P P P
Conference center
All restaurants except as
listed below:
Food truck P P
P P P P
P PPP
P
c
P
C
P
c
P
P P P P
P P P P P P
All retail sales, as listed
below:
Retail establishment (up
to 5,000 gross floor
area)
Definition/
Standards
20.39.535
20.39.535
20.39.535
20.39.520
20.39.525
20.39.540
20.39.540
20.12
20.39.545
20.39.545
20.39.550
20.39.555
20.39.570
20.39.310
20.39.562
4
P P P 20.39.565
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Use Category
Specific Use tr o{E J
Retail establishment
(5,001 - 15,000
gross floor area)
P P P P P P
Retail establishment
(15,001 - 50,000
gross floor area)
P P P P
Retail establishment over
(50,000 gross floor area)c P P
Fireworks sales in
accordance with POMC
5.60.
P P
P P P
Recreational marijuana
sales
Convenience store with
fuel pumps c
Convenience store
without fuel pumps c c P P P
Fuel station,
including fuel
pumps and fuel
sales, without
convenience store
.t c-P
Automobile service
station.P
All vehicle and
tool/construction
equipment sales and
rental, as listed below:
c
P P P
P P
Light vehicle and light tool
or construction equipment
sales and rental
Heavy vehicle and heavy
tool or construction
equipment sales and
rental
P P
All vehicle service and
repair, as listed below.
Car wash P P P
Vehicle service and
repalr, mtnor
P P P P
P PVehicle service and
reparr, major
P P
Definition/
Standards
20.39.565
20.39.565
20.39.565
20.64
20.39.565
20.39.565
20.39.300
20.39.565
20.39.565
20.39.625
20.39.640
5
20.39.645
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Use Category
Specific Use t ottr J
PVehicle service and repair,
commercial vehicle
P P
lndustrial Uses
All heavy industrial
I
P
P P PAll light manufacturing,
except as listed below:
Commercia! laundry, dry
cleaning or carpet
cleaning facility
P P P
Brewery, Distillery under
5.000 souare feet P P P
Brewery, Distillery 5,001 -
15.000 souare feet c c c P P
P PBrewery, Distillery over
15,000 square feet
Craft shop P P P P P P P P P P
Food and beverage
processing, boutique
(area used for
processing less than
3,000 sF)
P P P P P P P P P
Food and beverage
processing, industrial
P
P P P
P P
Recreational
marijuana production
All research and
development P PPPPP
I cResource extraction -
mining, dredging, raw
mineral processing, except:
Timber harvesting in the
absence of concurrent
development
Sand and Gravel Mining c c
Stockpiling of sand, gravel
or other aggregate
materials
P P
Sheet metal, welding,
machine shop, tool and
equipment manufacturing,
vehicle painting facility
P
Definition/
Standards
20.39.650
20.39.605
20.39.610
20.39.610
20.39.610
20.39.610
20.64
20.39.615
20.39.620
20.39.620
C
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c P P P
20.39.610
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ccc c c
All warehouse, storage
and distribution, as listed
below:
Enclosed storage P P P P P
Self-service storage,
mini-warehouse c c c c
c c P P PStorage yard
c P
P P
All waste-related service,
including wastewater
treatment facilities, decant
facilities and recycling
centers
Recreational marijuana
processrng
IAgricultura! Uses
All agriculture, as listed
below:
P P
P P
Agricultural processing,
excluding marijuana
processrng
Community garden P P P P P P P
c
P
PNurseryP--i leleie
c PcccPP PWinery
P P P P P P
P P PPPP
ci--l--l--P P
P P P
P
P P P
Accessory uses not
otherwise listed below,
as determined by the
[Administrator].
Accessory dwelling
units, as listed below:
Accessory
apartment
(attached dwelling)
Backyard cottage
dwelling
Drive-thru facility P
Definition/
Standards
20.39.655
20.39.655
20.39.470
20.39.660
20.64
20.39.705
20.39.705
20.39.705
20.39.705
20.68,20.39.80
20.39.805
20.39.870
PPP P IHome occupation
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20.39.830
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Use Category
Specific Use tr Ntr J
Home business P P P P P P
Livestock keeping P P P P
Outdoor display P P P P P P P
Outdoor storage as listed
below:
Low-impact P P P P P
High-impact P P P
P P
Self-Storage as
accessory use to
Apartment
Building
Vehicle service
and repair,
accessory to a
residential use
P P P P P P
Park as accessory
use to residential
development P P P P P P P P P P P P
P P P P P P P P P P P P P P
Medical marijuana
cooperative PPP
Definition/
Standards
20.39.835
20.39.845
20.39.850
20.39.855
20.39.855
0.39.860
0.39.900
h.20.64
1Key: P = Permitted Use C = Conditional Use -- = Use Not Permitted
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held September 24, 2019.
ORDINANCE NO. 037-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 20.39 OF THE PORT ORCHARD MUNICIPAL CODE
TO ADOPT REGULATIONS RELATED TO SOCIAL SERVICES FACILITIES;
REPEALING INTERIM ORDINANCE NO. 015-19; PROVIDING FOR
SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE
DATE.
Copies of Ordinance No. 037-19 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 037-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, October 4, 2019