Chapter 18.20
SECURE COMMUNITY TRANSITION FACILITIES

Sections:

18.20.010    Purpose.

18.20.020    Definitions.

18.20.030    Permitted zone and location.

18.20.040    Criteria.

18.20.050    Public notification.

18.20.060    Review and decision procedure.

18.20.070    Revocation of permit.

18.20.010 Purpose.

To the extent that a local government cannot preclude secure community transition facilities under state law, such facilities shall be accommodated in a manner that provides a high level of security for the surrounding neighborhood and community. This chapter describes specific City requirements for accommodating secure community transition facilities. (Ord. 2342 § 7, 2003).

18.20.020 Definitions.

A. “Department,” for purposes of this chapter, means the State Department of Social and Health Services or any other agency that has been granted state authority to oversee secure community transition facilities.

B. “Risk potential activity” or “risk potential facility,” as used in this chapter, means an activity or facility that provides a higher incidence of risk to the public from residents of a secure community transition facility. Such an activity or facility, as defined under RCW 71.09.020, as now or hereinafter may be amended, includes public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, youth camps, and any other facilities so designated by the State Department of Social and Health services.

C. “Secure community transition facility” means a secure community transition facility as defined under RCW 71.09.020(14), as now or hereinafter may be amended: a “residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter.” The term refers to a residential facility that provides supervision and security for people who have completed their criminal sentence for a sexually violent offense but who remain subject to additional requirements for sexually violent predators under Chapter 71.09 RCW, as now or hereinafter may be amended.

D. “Secure facilities use permit” means a land use permit for a secure community transitional facility, pursuant to all applicable provisions of MTMC Titles 18 and 19.

E. “Within the line of sight” means that it is possible to reasonably visually distinguish and recognize individuals from a given location (at 600 feet if not obstructed). (Ord. 2342 § 7, 2003).

18.20.030 Permitted zone and location.

A. Secure community transition facilities shall be permitted only within areas zoned for Light Industry/Office Park (LI/OP), as shown on the Official Zoning Map, and subject to other requirements of this chapter.

B. A secure community transition facility shall not be permitted closer than one mile from any other existing secure community transition facility, whether within City boundaries or in an adjacent jurisdiction.

C. No portion of the property on which a secure community transition facility is located shall be closer than 300 feet to a single household residential district or a multiple household residential district, as shown on the Official Zoning Map.

D. As provided by RCW 71.09.285, as now or hereinafter may be amended, no portion of the property on which a secure community transition facility is sited shall be located adjacent to, immediately across a street or parking lot from, or within the line of sight of a risk potential activity or risk potential facility in existence at the time a site is listed for consideration. (Ord. 2342 § 7, 2003).

18.20.040 Criteria.

A. A secure community transition facility shall not be permitted unless it meets, or can be conditioned to meet, all requirements of Chapter 71.09 RCW and all policies adopted by the State Department of Social and Health Services, pursuant to RCW 71.09.285 and 71.09.290, as now or hereinafter may be amended.

B. The applicant shall provide verification from the State Department of Social and Health Services that the proposed facility is in compliance with all applicable state regulations and requirements pursuant to Chapter 71.09 RCW, as now or hereinafter may be amended. Where the requirements of the City’s municipal code conflict with the state requirements, the state requirements shall prevail.

C. Each facility shall meet the site development plan requirements applicable to any other development proposal in this district, including landscaping, storm water, setbacks, and any other applicable provisions of MTMC Titles 15, 16, 18, and 19.

D. At least one on-site parking space shall be provided for each employee on any given work shift, together with at least two on-site parking spaces for visitors or for loading purposes. (Ord. 2342 § 7, 2003).

18.20.050 Public notification.

A. The Department shall conform to the following public notice requirements:

1. All public notification procedures under Chapter 71.09 RCW;

2. The supplemental public notification requirements for major land use actions, pursuant to Chapter 18.25 MTMC; and

3. Provision to all property owners and residents within one-half mile of the proposed facility site a notice of the public hearing regarding the proposed facilities and the permit application.

B. The City or applicant may provide additional opportunities for neighborhood involvement during the early stages of planning for a secure community transition facility. (Ord. 2342 § 7, 2003).

18.20.060 Review and decision procedure.

A. The siting of a secure community transition facility in the City requires an approved secure facilities use permit. The permit application form may be obtained at City Hall. A secure facilities use permit is subject to meeting the requirements of this chapter.

B. The payment of an application fee is required for secure facilities use permits, pursuant to the fee schedule adopted by City ordinance.

C. The Hearing Examiner shall hold one open record public hearing on the permit application and make a decision to approve, deny, or approve with conditions. The Hearing Examiner’s decision shall be based on whether the applicant meets the requirements of this chapter. The Hearing Examiner may impose reasonable conditions upon the development to increase community safety. The Hearing Examiner’s decision shall be supported by findings of fact and conclusions of law.

D. The City may enter into a long-term contract with the State Department of Social and Health Services, pursuant to RCW 71.09.343 or other relevant laws, in order to memorialize agreements for the operation of a secure community transition facility. (Ord. 2481 § 46, 2008; Ord. 2342 § 7, 2003).

18.20.070 Revocation of permit.

A. A secure facilities use permit may be revoked if the secure community transition facility violates one or more of the following:

1. The requirements of Chapter 71.09 RCW, as now or hereinafter may be amended;

2. The permitting conditions of approval; or

3. Applicable requirements of the City’s municipal code.

B. Prior to a final decision regarding revocation of the permit, the City shall send the Department and any other parties of record, via certified mail, a preliminary notice of violation. The preliminary notice shall identify:

1. The relevant violation;

2. The necessary corrections or steps to resolve;

3. A warning that the permit may or shall be revoked if the issue is not resolved by a certain deadline, which shall be at least 10 days from the date such notice is issued; and

4. The next steps for revocation and/or appeal.

C. The Department may respond in writing to the preliminary notice of violation and request a meeting to resolve the issue or provide documentation that demonstrates the Department is not in violation.

D. Prior to the deadline specified in the preliminary notice, the Department may also request an extension of said deadline, by submitting a written response to the Planning Director to explain the circumstances that require more time for corrections or other resolution to be implemented. The Planning Director shall determine whether an extension is warranted, based on the Department’s written response and good faith effort to correct or otherwise resolve the violation in a timely manner, and may grant an extension of 30 to 60 days.

E. If the violations are neither corrected or otherwise determined by the Planning Director to be resolved by the deadline, the Planning Director shall issue the Department a final notice of non-compliance, indicating that the permit is revoked as of a specified date, that failure to vacate will result in fines, and that such revocation may be appealed under the appropriate process.

F. Failure to vacate the premises if the permit has been revoked shall make the Department subject to a fine of $500.00 per day. Imposition of such a penalty shall not deprive the City of the right to pursue any other civil or criminal remedies available to it by law.

G. An appeal of the Planning Director’s final decision to revoke the secure facilities use permit may be made, pursuant to relevant provisions of Chapter 2.30 and 19.140 MTMC. A validly filed appeal suspends the revocation of the permit and the payment of any fines until such time that the Hearing Examiner* considers the appeal and makes a decision otherwise. (Ord. 2342 § 7, 2003).

*Code reviser’s note: Ordinance 2481 repealed the Board of Adjustment provisions and replaced them with provisions concerning the Hearing Examiner. The reference to the Board of Adjustment has been editorially updated to refer to the Hearing Examiner.