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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 f =z 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 F'tr t ta)T, E, (otr o(9 f =tr f =o.o ff,:) ===ooo I o ( ( 1r o. T- -+ P ttt P P __]_ + t--L le ttt f =z Use Category Specific Use tr (\ E J 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 (, E tlotrt (otr o(, f =E f =(L dt fff ===ooo o-oo TL I o tr(L IL(L I -1 t-1 I I I I + l-i -f I Use Category Specific Use E (\t E J Small cell wireless telecommunication facility P P P P P P P P P I 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 l_ 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 G't (otr o(9 f =tr f =z ff,l== ===o.(ro(9cl otlotrE()Ioo=tr(L lL(L I tt --t- I I f =z 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 G)tr ttott (o E, mo f =tr f =(9 f =o. trl ff ==oo OIoo=o tr o. ll(LI ----t- I P Il_ D =z 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 (t,E $toEt (oE oo f =E, f =o-o fff ===oo(9 OIoo lJ.J-o tr o. ll.(L I c I f =z 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 6 c P P P 20.39.610 (t,t {loE, E, (0tr o(9 f =t l =o. dl fDf ===ooo lJ-o-oo o E,(L lJ. o. I't- tl --l--+--l--+ H- -+ t_ Use Category Specific Use tr $ttr J 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 7 20.39.830 (f) E ttott (o E, o(, f =z f =t o tro. lL(L f =(Lo fff ===ooo o-C)orr'E I I --------i-- P -t-t-t- -t-1 r + Ll_J_ 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 8 c., E, tl(,T,E (o tr, oo f =t f =z ff=) ===oo(, f =o-o lJ.OIoo I o tr(L l.|. o- --t- lll 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