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021-19 - Ordinance - Amending Chapter 20.39 to Adopt Regulations Related to Social Services FacilitiesORDINANCE NO. O2L-L9 AN ORDINANCE OF THE C TY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 20.39 OF THE PORT ORCHARD MUN CIPAL CODE TO ADOPT REGUIAT ONS REIATED TO SOC At SERV CES FAC L T ES; REPEAT NG NTER M ORD NANCE NO. 015-19; PROV DING FOR SEVERAB tlTY AND CORRECTIONS; AND ESTABL SHING AN EFFECTIVE DATE. WHEREAS, in 1990, Washington State passed a law, Chapter 7t.Og 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 !997, 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 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 2007, 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 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 Ordinance No. O2L-L9 Page 2 of 5 WHEREAS, the Growth 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, 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 (60) days of the adoption of lnterim Ordinance No. 015-19; and WHEREAS, on April 29,2079, the City of Port Orchard notified the Department of Commerce of its intent to adopt a permanent ordinance to replace lnterim Ordinance No. 015- 19; and WHEREAS, on June 4, 2OL9, the Planning Commission reviewed the proposed permanent ordinance, and recommended approval of the permanent ordinance to the City Council; and WHEREAS, on June 25,2019, pursuant to Section 5 of lnterim Ordinance No.015-19, the City Council held a public hearing on the proposed permanent ordinance; and WHEREAS, the City Council considered the oral testimony and written information provided at the public hearings, if any; 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 confinement; now, therefore, THE C TY COUNCIL OF THE C TY OF PORT ORCHARD, WASH NGTON, 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. sEcTroN 2.to POMC 20.39.040 Use Ta . 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. Ordinance No. O2L-L9 Page 3 of 5 SECTI oN 3. Amendments to POMC 20..L2 Amendments to the definition of "social Services" set forth in POMC 20.39. LZO are hereby permanently adopted as follows: 2O.39.L20 Soc al Services. 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 progra ms. Does not in clude facilities servins o ersons who have been SECT ON 4. New POMC Section 2O.39.t22 Ad opted. A new POMC Section 20.39. L22 ts hereby permanently adopted as follows: (1)Secured hieh risk ocial services facilities shall onlv be permitted in zones where oe rmitted as a conditional use in the land u se table in this chapter. (2)Where indicated a a conditional use in the use table. S ection 20.39.040, a secured ieh risk social services facilitv is reouired to obtain a conditional useh permit per Chaoter 20.50. ln addition to the criteria for approval in Section 20.50.050. th e hearins examiner must also make the fo llowine findines in order to issue the conditional use permit: The citv shall hold a neiehborhood meetine orior to a public hearins for the proposed secur ed hieh risk socia! services facilitv . The proiect applicant (a) shall cover all meeting costs. The citv shall orovide communitv notification to all landowners within a(b) half-mile radius of the orooosed secu red hieh risk social services facilitv at least two (2) wee prior to a neishborhood meetine.The proiect applicant shall cover all co mmunitv notification costs. The secured hieh risk social services facilitv shall not be located adiacent(c) to, immediatelv across a street or oar ns lot from. or within the line of sieht facilities are are addressed in POMC 20.39.122. below ("Secured High Risk Social Service Facilities"). Ordinance No. O2L-L9 Page 4 of 5 of a risk potential activitv or facilitv in existence at the time the secured hieh risk social services facilitv is established. (i) "Within the line of sisht" means that it is possible to reasonablv visuallv distinsuish an recogn ize ind ivid uals. (ii) "Risk potential activities and facilities" means an activitv or facilitv that provides a hieher incidence of risk to the public from persons conditionallv released to an LRA. Risk potential activities and facilities include: Public and private schools, school bus stops, licensed dav care communitv centers. churches. svnagogues. temples. mosques. public not include bus stops established primarily for public transit. (d)The secured hieh risk social services facility shall not be located in a communitv protectiql zone as defined in RCW 9.944.030(6), (i) Distance shall be measured from all propertv lines of the social a public or private school. (e)The secured hish risk social servi facilitv shall meet the applicable health district standards for water and sewage disposal to account for staff and residents. (f) from a city-maintained rieht-of-wav (g) lf a person's libertv is restricted or a person is not capable of self- preservation without physical assistance, the secured hieh risk social services by the buildine code. services facilitv shall have a system to automatically release locks, which shall be interlocked with the fire protection svstem. (i) sufficient to enerpize the safetv and securitv svstems in the event of a power outage. SECTION 5. Repeal of lnterim Ordinance. lnterim Ordinance No. 015-19 is here (h) repealed in its entirety as of the effective date of this Ordinance. by Ordinance No. 02L-L9 Page 5 of 5 SECTION 6. 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. SECTION 7. Clerica!/Tvpographical Error. Should this Ordinance, upon being enacted by the City Council of the City of Port Orchard during its deliberations on June 25, 2OL9 have anything inadvertently left out or in error upon publication, the explicit action of the City Council as discussed and passed shall prevai! 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 25th day of June 2OL9. ,tt I rlllll a o9.P =. dy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Cates, City Attorney Robert Putaan u, Mayor SP NSOR: k Ashby, Councilmember ATTEST: B n PUBLISHED: EFFECTIVE DATE ATTACHMENTS: Attachment 1: July 5, 20L9 July 10, 2OL9 Amended POMC 20.39.40 Use Table a a a 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 June 25,20L9. ORDINANCE NO. O2L.T9 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 SERV CES FAC L TIES; REPEALING INTERIM ORDINANCE NO. 015-19; PROVID NG FOR SEVERABILITY AND CORRECTIONS; AND ESTABL SHING AN EFFECTIVE DATE. Copies of Ordinance No. O2t-L9 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. O2L-19 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, July 5, 20L9 oatr J Use Category Specific Use G Residentia! Uses All household living, as listed below. Single-family detached (including new manufactured homes) P P P P P P P P PPPPPPPP P P P P P P P P PP P P P P P P P P P P P PP P P P P P P P P P P P P P PP P c c P P P P P P P P P P P P P +- P P P cc Designated Manufactured Home, Manufactured or Mobile Home (except for new designated manufactured homes) New Designated Manufactured Home Si ngle-fami ly attached (2 units) Si ngle-fam i ly attached (3 or 4 units) Si ng le-family attached (5 or 6 units) Multi-family (3 or 4 units) Multi-family (5 or more units) Manufactured or Mobile Home Park Boarding House Congregate Living Facilities Two-family C c c c c c c c P P P P P P P P P P P P P P P P c c P c --- P c P --r- I P P P 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 ccc CSecured High Risk Social Services Facilities 20.39.040 Use tsble. (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 (I' E f =z(Otr oo f =Et|r,v. G, flffs ===rr'-oo(9dr ()Ioorr o tr o. lr(LI ---f --T-- I ]- -f -----f--- I f --f PP -r- + c Use Category Specific Use E $t E,J Public Uses All civic uses, as listed below. Community college, university, trade or technical school (8,000 square feet or less). PPPPP F cc c c c P PPP P Community college, university, trade or technical school (more than 8,000 square feet). Club or lodge Public use P P P P PPPP P PPPP P P P P P PMuseum, library Place of worship c c c c C PP PPP c c C C c C P P Jail or Detention Center Transit park and ride lot School (K-12) c c c P P P PTransfer station c c c P PP PPP Pc c C c c c P P P P c c c c- P P P P P P P P P P P P P P Transit bus base All open space and park uses, as listed below: Park, recreation field Animal shelter or adoption center All utilities, as listed below: Cemetery Golf course Minor utilities PP P P PPP P P P P P P P P P PPPPPPPP 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 Small cell wireless telecommunication facility 20.39.270 PP PPPP PP 2 20.39.270 (i,E sf totrtr.(Ot o(9 f =t f =z f =o.o fff ===oo(9 oo o lI-o lJ.(Ltr o- -F- ffi f l- + t- 1- P -1 c 1. c-c c -+ PP P P P L-I- f =z t Use Category Specific Use t Ntr J 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 c c c c c Pc P P PP c C P P Group day care (mini day care) (7 to 12) Day care center (13 or more) All indoor recreation, except as listed below:c C c C P PCP c c Special event facility Shooting range C c c C c c c c c c c Com mercial Entertainment, except as follows: P P P P P P Adult Entertainment C c c ccPPI I Pc- ---+- C c c c c 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) All overnight lodging, as listed below: P P P P P P P P P c c c c Pc -1- Definition/ Standards 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 20.39.535 20.39.535 c c P c c c Level 1: Vacation rentals or similar short- term house/room rentals Level 2: Bed and breakfast (up to 7 rooms) PP P PP 1 _.._ 3 Level 3: Motel 20.39.535 (Y' E, oo(otr f =tt()tt =f,ff= ===Eoooo 85..E C) lL(Ltr(L P I I H -f I P --t- + ---T-- -1L- t L Use Category Specific Use tr. Nt f =z J P Level 4: Hotel All medical, except as listed below: Hospital c c c P P c c P P P P P P P P P P P P P P C c PPP C C C C c P P ------1- I P P C CC C P P P c c P P P P P P P P -l c c IPPP P P P P _I + P P P P P P P P P P P P cc cc PP PP l- P CP P PC PPPP P PPPP CC PP # P c CP P c P P P PP P P cc PP P I otfice, except as listed ow: Bail bonds urface parking mercial parking, muter lease parking or rk and ride, remote mmercial parking garage standalone lectric vehicle rging stations All personal service, except as listed below: Funeral home Crematorium lndoor animal care Outdoor animal care NESS SETVICES Conference center All restaurants except as listed below: Food truck All retail sales, as listed below: Retail establishment (up to 5,000 gross floor area) Retail establishment (5,001 - 15,000 gross floor area) c P Definition/ Standards 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 20.39.565 P P P PP PP PP 4 20.39.565 (I'tr (o E o(9!+ lOT, E, f =t I fflf=.==Eoo(90 o-oo*o tr o. lr o- I ------t------ ------+- __1 +- P P _J L tt ___I f =z Use Category Specific Use t (\l E J 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 Recreational marij uana sales P P Convenience store with fuel pumps P c Convenience store without fuel pumps c c PcPP Fuel station, including fuel pumps and fuel sales, without convenience store c-P Automobile service station.PcI P P 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 P P P P All vehicle service and repair, as listed below: Car wash P P P Vehicle service and reparr, mrnor PPP P P PVehicle service and reparr, major PP Vehicle service and repair, commercial vehicle P P P Definition/ Standards 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 20.39.645 5 20.39.650 (Y)t lff ===ooo f =o-o (J-<-los o E, o. lJ.(L oottottr(o E,I I -1_ I f =z Use Category Specific Use E NE J ndustrial Uses All heavy industrial P All light manufacturing, except as listed below:P P P 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 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 PPPP P P Food and beverage processing, industrial P P P P Recreational marijuana production P P All research and development P P P P Resource extraction - mining, dredging, raw mineral processing, except: P P c Timber harvesting in the absence of concurrent development c CSand and Gravel Mining Stockpiling of sand, gravel or other aggregate materials c P P Sheet metal, welding, machine shop, tool and equipment manufacturi ng, vehicle painting facility c P P P P All warehouse, storage and distribution, as listed below: c cc c c P P P Definition/ Standards 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 20.39.610 6 Enclosed storage P 20.39.655 (!lt $rott l =u(o E oo fflf= ==EEoo(9m C)I()olr-I o lI. o- tr o- --f I t-t-l --t ------- Use Category Specific Use E, Ntr J Self-service storage, mini-warehouse c c c c Storage yard c c P P P All waste-related service, including wastewater treatment facilities, decant facilities and recycling centers c P Recreational marij uana processrng P P Agricultural Uses All agriculture, as listed below: Agricultural processing, excluding marijuana processrng c P P Community garden P P P P P P P P P P Nursery P P P P Winery c c c c P P P P Accessory uses not otherwise listed below, as determined by the [Administrator]. Accessory dwelling units, as listed below: Accessory apartment (attached dwelling) P P P P P P P P P PBackyard cottage dwelling P P Drive-thru facility c P P P P Home occupation P P P P P P P P P P P P P P PHome business Livestock keeping P P P P Outdoor display P P P P PP P P P Definition/ Standards 20.39.655 20.39.470 20.39.660 20.64 20.39.705 20.39.705 20.39.705 20.39.705 20.68,20.39.80 20.39.805 20.39.870 20.39.830 20.39.835 20.39.845 7 20.39.850 c)G f, =u(o E. dlo\t toT, E, f =z fff:)5 ===doo(90 gooo o lI-(Ltr o-- I -l---f- T P P I tt I --t-- L J Use Category Specific Use E Ntr Outdoor storage as listed below: P P P P PLow-impact P P PHigh-impact P P Self-Storage as accessory use to Apartment Building P PPPP Vehicle service and repair, accessory to a residential use P P P P P P P P P P PP P Park as accessory use to residential development PPPPPPPPPPPPPPPPP Medical marijuana cooperative Definition/ Standards 20.39.855 20.39.855 0 39.860 .39.900 h. 20.64 Key: P = Permitted Use C = Conditional Use -- = Use Not Permitted 8 o tr o- lJ.(Lc) E, f =troo(otr f, =z$lotr, E, ffff!5 ===Eoooo I tttttt -f 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 June 25, 2019. ORDINANCE NO. 021-19 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. 021-19 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. 021-19 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, July 5, 2019