015-19 - Ordinance - Emergency, Amending Chapter 20.39 to Adopt Interim Regulations Related to Social Services FacilitiesoRDtNANCE NO. 015-19
AN EMERGENCY NTER M ZON NG ORDINANCE OF THE C W OF PORT
ORCHARD, WASHINGTON, AMENDING CHAPTER 20.39 OF THE PORT
ORCHARD MUN CIPAT CODE TO ADOPT INTER M REGULATIONS
RELATED TO SOC AL SERVICES FACILITIES; PROVIDING FOR A PUBL C
HEARING, SEVERABILIW, CORRECTIONS, AND PUBL CAT ON; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 1990, Washington State passed a !aw, 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 I99L, a federa! 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 7994, the Federal District Court for Western Washington entered an order
and injunction requiring the state to provide constitutionally adequate menta! 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 !aw, 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. 015-19
Page 2 of 7
WHEREAS, the City Council of the City of Port Orchard has 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 35.70A RCW, provides that
each jurisdiction's comprehensive land use plan and development regulations shall be subject
to continuing review and evaluation; and
WHEREAS, the City Council has authority to adopt interim zoning regulations to protect
public health and safety pursuant to RCW 35.70A.390; and
WHEREAS, the City Council desires to enact interim 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 confinement; now, therefore,
THE CITY COUNC L OF THE C TY OF PORT ORCHARD, WASHINGTON, DO
ORDA N AS FOLLOWS:
SECTION 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 20.39.O40 Use Table Adopted . Amendments to the
Use Table set forth in Section 20.39.040 of the Port Orchard Municipal Code (POMC) are
hereby adopted as set forth in Attachment L, attached hereto and incorporated herein
by this reference.
sEcr oN 3.Amendments to POMC . Amendments to the definition
of "Socia! Services" set forth in POMC 20.39.120 are hereby adopted as follows:
2O.39.L20 Social 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
Ordinance No.015-19
Page 3 of7
released to a less restrictive alternative (LRA) in accordance with Chapter
7L.09 RCW. Such facilities are addressed in POMC 20.39.L22 ("Secured
High Risk Social Service Facilities").
SECTION 4. New POMC Section 20.39.122 Adopted. A new POMC Section
20.39. t22 is hereby adopted as follows:
2O.39.L22. Secured High Risk Social Service Facilities. 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
71.O9 RCW. An LRA is a facility that provides court-ordered supervision,
security, and sex offender treatment services.
(1) Secured high risk socia! 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 shal! provide community notification to all landowners
within a half-mile radius of the proposed secured high risk social
services facility at least two (21 weeks prior to a neighborhood
meeting. The project applicant shall cover all community notification
costs.
(c) The secured high risk social services facility shal! 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,
Ordinance No. 015-19
Page 4of7
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 socia! 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 all property lines of the social
services facility and from all property lines of the facilities and
grounds of a public or private school.
(e) The secured high risk social 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 socia! services facility shall have a system to automatically release
locks, which shall be interlocked with the fire protection system.
(i) 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.
SECTION 5. This Ordinance is being adopted as an interim measure to
mitigate land use impacts of housing for persons that have been civilly committed and
conditionally released to a less restrictive alternative. A public hearing will be held, pursuant to
the provisions of RCW 35.70A.390 within sixty (60) days of the date of this Ordinance.
Following the public hearing, the Department of Community Development may be directed to
develop a permanent Ordinance which will be considered at a public hearing within six (6)
months of the date of this Ordinance.
sEcTroN 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
Ordinance No. 015-19
Page 5 of 7
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.
SECTION 7. Clerical/Tvpographical Error. Should this Ordinance, upon being enacted
by the City Council of the City of Port Orchard during its deliberations on April 9, 201-9 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.
SECTION 8.Publi ion.This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 9. Declaration of Emergencv. Pursuant to RCW 35A. t2.L3O, the City Council
hereby finds and declares that a public emergency exists and that this ordinance is a public
emergency ordinance necessary for the protection of the public health and safety and should,
therefore, take effect immediately upon passage by a majority vote plus one of the whole
membership of the Council. The facts upon which this public emergency is based inctude atl
recitals set out in this ordinance as well as those facts contained in the legislative record.
SECTION 10. Effective Date. ln accordance with RCW 35A.12.L30, this ordinance, as a
public emergency ordinance, shall take effect and be in force immediatety upon adoption by a
majority plus one of the City Council.
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 9th day of April 2019.
Robert Puta
ATTEST:
Bran R nearso D, MMC, City Clerk
SPONSOR
Sharon Cates, City Attorney Sh awn ardi,uncilmember
Ordinance No. 015-19
Page 6 of 7
PUBLISHED: April L9,2OL9
EFFECTIVE DATE: April 24,20L9
ATTACHMENTS:
Attachment 1:Amended POMC 20.39.40 Use Table
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Use Category
Specific Use E ntE J
Residential Uses
All household living, as
listed below:
Single-family detached
(including new
manufactured homes)
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
P P
P
P
P
P PPP
Two-family P P P P
Si ngle-fami ly attached
(2 units)P P P P
P
P
P P P P P P P
P P P P P PP P P
P P P
P P
P P PPPP P P
Si ngle-family attached
(3 or 4 units)
Single-fami ly attached
(5 or 6 units)
Multi-family (3 or 4 units)
Multi-family
(5 or more units)P P P P P P P P P
Manufactured or Mobile
Home Park
c c
P P
c cP
Boarding House
Congregate Living
Facilities c c c
c c c c
P c
P c
P P P P P P P P P P
P P P P P P
c C P
P
C
P
-+
P c P
Lodging House
Group home
(up to 8 residents), except
as follows.
Adult Family Home
All group living
(9 or more residents)
Social Services Facilities P P P P P
20.39.040 Use hble.
(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 t Nt
Secured High Risk Social
Services Facilities c c c c
All civic uses, as listed
below:
Public Uses
P PPP P
Community college,
university, trade or
technical school
(8,000 square feet
or less).
Community college,
university, trade or
technical school
(more than 8,000
square feet).
c c c c c
P PPP PClub or lodge
Public use P P P P P P P
I
P P P P P P
Museum, library PPPPP P
c c c c c P P P P PPlace of worship
School (K-12)C
c C c c
c c c c c PC C CP P P P P P P
Jail or Detention Center
Transit park and ride lot
Transfer station P P
P P PTransit bus base
All open space and park
uses, as listed below:
C P
Golf course c c c c P Pc-*-l
,l.
P P
c c-ccc-
Park, recreation field
Animal shelter or
adoption center
All utilities, as listed
below:
Minor utilities P P P P P P P P P PPP P P P P P P P P P
P P P PPP
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
20.39.415Major utilities
Wireless
telecommunication
facilities, as listed below
Amateur radio operator
tower
2
20.39.270
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Cemetery
CC
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Specific Use t ottr J
P P P P P P P P P P P P P P P P P P P P P
Small cell wireless
telecommunication
facility
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
P P P P P P
c c C c Pcc P P PP
c c
c
c P c
P P P
P P
c P c
Commercia! Uses
All day care, as listed
below:
Family day care
(6 children or
fewer)
Group day care (mini day
care) Q fo 12)
Day care center
(13 or more)
All indoor recreation,
except as listed below:
Shooting range I c c c
Special event facility C CCCC c c c c c c
Commercial Entertai nment,
except as follows:
P P P P P P P
Adult Entertainment c C
c c-P C c
f-
C C
c c
c
All outdoor recreation,
except as listed below:
Campground, travel
trailer park, RV park
(does not include
mobile home park)
Horse stable, riding
academy, equestrian
center
Shooting range
Marina (upland areas)c c c c c
P P P P P P P
c c c
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
All overnight lodging, as
listed below.
Level 1. Vacation
rentals or similar short-
term house/room rentals
PP P PP
3
20.39.535
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Use Category
Specific Use
NEt T
Level 2: Bed and
breakfast (up to 7
rooms)
c c c c c P P
Level 3: Motel P P
Level 4: Hotel P P P P P
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 P P Pc PP P P C
c
Surface parking:
commercial parking,
commuter lease parking or
park and ride, remote
parking
Commercial parking garage
- standalone
Electric vehicle
charging stations P P P P P P P P P
c c
P P P PPP
P PPcc
P P P P P
c c P C P P P C
PP P P P
All personal service,
except as listed below:
Funeral home
Crematorium P P P
c PPP P
P
P
c
P P
c c c
lndoor animal care
Outdoor animal care
Business services c P P PPPP PP c
Conference center c
I
c c
P P P P PPP
c c
PAll restaurants except as
listed below:
Food truck 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)
P P P P P P P PP P
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
20.39.565
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Use Category
Specific Use E $lt
Retail establishment
(5,001 - 15,000
gross floor area)
Retail establishment
(15,001 - 50,000
gross floor area)
P P PPPP
P P PP
PRetail establishment over
(50,000 gross floor area)c P
Fireworks sales in
accordance with POMC
560
P P
P P PRecreational marij uana
sales
Convenience store with
fuel pumps
c cc PP
C
P
c-P
Convenience store
without fuel pumps
Fuel station,
including fuel
pumps and fuel
sales, without
convenience store
Automobile service
station.P
All vehicle and
tool/construction
equipment sales and
rental, as listed below:
Light vehicle and light tool
or construction equipment
sales and rental
Heavy vehicle and heavy
tool or construction
equipment sales and
rental
c
P P
+-
PP P
P P
All vehicle service and
repair, as listed below:
Car wash P P P
Vehicle service and
repatr, mtnor
P P P P
P P P PVehicle service and
reparr, major
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 E NE
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Vehicle service and repair,
commercial vehicle
P P P
P
lndustrial Uses
All heavy industrial
All light manufacturing,
except as listed below:P P P
Commercial laundry, dry
cleaning or carpet
cleaning facility
P P P
Brewery, Distillery under
Brewery, Distillery 5,001 -
15.000 souare feet
feet5 000 soua
P
P P
P
P
c c
Brewery, Distillery over
15.000 souare feet P P
P P P P P P P P P P
Food and beverage
processing, boutique
(area used for
processing less than
3,000 sF)
Craft shop
P P P P P P PP
P P P P
P P
P P P P P
Food and beverage
processing, industrial
Recreational
marijuana production
All research and
development
Resource extraction -
mining, dredging, raw
minera! processing, except:
C
Timber harvesting in the
absence of concurrent
development
Sand and Gravel Mining c C
Stockpiling of sand, gravel
or other aggregate
materials
C P P
Sheet metal, welding,
machine shop, tool and
equi pment manufacturing,
vehicle painting facility
P P P 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
LL
6
20.39.610
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Use Category
Specific Use E,
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All warehouse, storage
and distribution, as listed
below:
c c
P P PEnclosed storage
Self-service storage,
mini-warehouse
P P
c c
P P
C c c c
c c P
All waste-related service,
including wastewater
treatment facilities, decant
facilities and recycling
centers
Storage yard
C P
Recreational marijuana
processrng
P P
Agricultural Uses
All agriculture, as listed
below:
c P PAgricultural processing,
excluding marijuana
processrng
Community garden P P P P P P P P P
P
P
PP P PNursery
Winery C
P
c P P Pcc P
Accessory uses not
othena/se listed below,
as determined by the
[Administntorl.
Accessory dwelling
units, as listed below.
P P P P P PAccessory
apartment
(attached dwelling)
Backyard cottage
dwelling
P P P P P P
PDrive-thru facility c P P P
Home occupation P P P P P P P P 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
7
P 20.39.830
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Use Category
Specific Use t
Home business P P P P P P
Livestock keeping P P P P
Outdoor display P P P P P PP P P
Outdoor storage as listed
below:
Low-impact P P P P P
High-impact P P
Self-Storage as
accessory use to
Apartment
Building
P P
P
Vehicle service
and repair,
accessory to a
residential use
P P P P
Park as accessory
use to residential
development P P P P P P P P
P P
P
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P P
P P P P P P P P P P P P P P P P P
Medical marijuana
cooperative
Definition/
Standards
20.39.835
20.39.845
20.39.850
20.39.855
20.39.855
39.860
0.39.900
h.20.64
Key: P = Permitted Use C = Conditional Use -- = Use Not Permitted
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