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Regulation of Secure Comm Transition Facilities-Level III Sex Offenders (9/16/2002)
•i C ITY--OF RENTON .,� City Clerk Jesse Tanner,Mayor Bonnie I.Walton September 27, 2002 Allen Ziegler, Manager for Community Programs DSHS - Special Commitment Center P.O. Box 45322 Olympia, WA 98504 Re: Secure Community Transition Facilities Dear Mr. Ziegler: At the regular Council meeting of September 23, 2002, the Renton City Council adopted Ordinance No. 4982, amending city code regarding the siting of Secure Community Transition facilities. Copy of the ordinance is enclosed. If I can provide additional information or assistance, please feel free to contact me. Sincerely, CL)a 7 Bonnie I. Walton City Clerk/Cable Manager Enclosure cc: Mayor Jesse Tanner Council President Toni Nelson Rebecca Lind, Planner Manager Beverly K. Wilson, Associate Superintendent for Community Programs, Special Commitment Center,P.O.Box 45322, Olympia,WA 98504-5322 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RE 1� T Ol�l AHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer .. CITX..OF RENTON ..� = City Clerk Jesse Tanner,Mayor Bonnie I.Walton September 27, 2002 Mr. Charles Bates Washington State Office of Community Development PO Box 48350 Olympia, WA 98504-8350 Re: Zoning Code Amendment ORD 4982 Dear Mr. Bates: In accordance with RCW 36.70A.106, the City of Renton is providing notification to the Office of Community Development of the adoption of amendments to its development regulations. We are providing you two (2) hard copies of the adopted amendment, ORD 4982, regarding Secure Community Transition Facilities for Level III Sex Offenders and the changes to the zoning code for the City. Sincerely, .cv\r„.1„,_ Suzann D. Lombard Records Management Coordinator Enclosures 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON ®This paper contains 50%recycled material 30%post consumer AHEAD OF THE CURVE From: Bonnie Walton To: Rebecca Lind Date: 9/27/02 12:08PM Subject: Re: SCTF Ordinance Yes, I have the MRSC address. We'll send copy to both of these as requested. --bw >>> Rebecca Lind 09/27/02 11:34AM >>> Please send a copy of the final adopted ordinance on the SCTF to I// 1) Chris Heaton Friends of Youth 16225 NE 87th St. Suite A6 Redmond 98052 Thank you / 2) MSRC Library- Do you have an address for them? I have them on e-mail but no address. We probably �/ ned tosend them a signed copy not an electronic one. �6/ Your '? �iIe. S/e, b'c 8ea//% '0 9s /a/-/viD Amends ORD 4954, 4963, 4971 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4 9 8 2 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 2, LAND USE DISTRICTS; CHAPTER 4, PROPERTY DEVELOPMENT STANDARDS; CHAPTER 8, PERMITS AND DECISIONS; CHAPTER 9, PROCEDURES AND REVIEW CRITERIA; AND CHAPTER 11, DEFINITIONS; OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO PROVIDE A PROCESS AND CRITERIA FOR REVIEW OF SECURE COMMUNITY TRANSITION FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-2-060.G of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding Secure Community Transition Facilities, as shown in Exhibit A, attached. SECTION II. Section 4-2-070.Q of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding Secure Community Transition Facilities, as shown in Exhibit B, attached. SECTION III. Section 4-2-070.R of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding Secure Community Transition Facilities, as shown in Exhibit C, attached. 1 IOW ORDINANCE NO. 4 9 8 2 *11110 SECTION IV. Section 4-2-080 of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding Note 71,to read as follows: 71. Only allowed in the Employment Area Valley (EAV) land use designation south of I-405 Subject to a Hearing Examiner Conditional Use Permit. See EAV Map in RMC 4-2- 080.B. No Secure Community Transition Facility (SCTF) shall: a. House more than six persons, excluding resident staff. Any increase in the number of resident beds shall require an entirely new application. b. Be allowed within 330 feet of any residential zone located within or outside the City limits. c. Be allowed adjacent to, abutting, across a parking lot from, or within the "line of sight" from a "risk potential activity" as defined in RCW 71.09.020, now or as hereafter amended, or risk potential facilities in existence at the time a site is listed for consideration. For the purposes of granting a Conditional Use Permit for siting a SCTF, the Reviewing Official shall consider a permanent, unobstructed visual distance of 600 feet to be within "line of sight." The Reviewing Official may reduce the distance to less than 600 feet through the Conditional Use Permit process, if the applicant can demonstrate that a visual barrier exists or can be created that would reduce the line of sight to less than 600 feet. Risk Potential Facilities currently include, but are not limited to: • Community and recreation centers, • Churches, synagogues, temples and mosques, • Licensed day care, • Licensed preschool facilities, • Public libraries, 2 ORDINANCE NO. 4 9 8 2 • Public parks, • Public and private schools, • School bus stops, • Sports fields, or • Publicly dedicated trails. d. Be located within one mile from any SCTF, work release, prerelease, or similar facility. "Distance" referenced in paragraphs b. c. and d. of this section is measured by following a straight line from the nearest point of the building in which the Secure Community Treatment Facility is to be located, to the nearest point of the zoning boundary line or property line of the lot on which the buffered use is located. The City may impose conditions to mitigate any potential adverse impact of the SCTF on surrounding uses, except that the Conditional Use Permit conditions may not impose restrictions on the SCTF greater than those set forth in RCW 71.09.285 through 91.09.340 inclusive. SECTION V. Section 4-4-080.f.10.e of Chapter 4, Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit D, attached. SECTION VI. Section 4-8-120.c of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit E, attached. SECTION VII. Sections 4-8-120.d.15 and 4-8-120.d.19 of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended by adding the following definitions, to read as follows: 3 1.10 ORDINANCE NO. 4 9 8 2 Operating rules for Secure Community Treatment Facility (SCTF): A written statement outlining how the operation of the SCTF complies with RCW 71.09.295 through RCW 71.09.350, including but not limited to daily operating hours, activities of occupants, procedures for off-site activities, if any, and visitation procedures for non-residents, including professional care providers, family members, or other service providers. Siting process report for use permits for Secure Community Treatment Facility (SCTF): A narrative report describing the process used to evaluate alternative sites for the proposed SCTF activity and the basis for the recommendation to locate the facility at the recommended site. A minimum of three alternative sites shall be addressed. SECTION VIII. Section 4-9-030 of Chapter 9, Procedures and Review Criteria, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new Section I, to read as follows, and by renumbering the remaining sections accordingly. I. ADDITIONAL DECISION CRITERIA FOR SECURE COMMUNITY TRANSITION FACILITIES: The reviewing official shall consider the following criteria in determining whether to issue a conditional use permit for secure community transition facilities. 1. Alternative locations were reviewed and consideration given to sites that are farthest removed from any risk potential activity. PC recommends amending to address DSHS comments that the original language creates a more restrictive standard. 2. There is no resulting concentration of residential facility beds operated by the Department of Corrections or the Mental Health Division of the Department of Social and Health Services, the number of registered sex offenders classified as Level II or Level III and the 4 ORDINANCE NO. 4 9 8 2 number of sex offenders registered as homeless in a particular neighborhood, community, jurisdiction or region. 4. Adequate buffering is provided from abutting and adjacent uses. 5. Adequate security is demonstrated by the applicant. 6. Public input is provided during the siting process. SECTION IX. Section 4-11-030 of Chapter 11, Defmitions, of Title IV (Development Regulations) of Ordinance No. 4260 Entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by changing the following defmitions, to read as follows: Congregate Residence: Any building or portion thereof that contains facilities for living, sleeping and sanitation and may include facilities for eating and cooking for occupancy for other than a family. A congregate residence may include a boarding house, but does not include a Group Home I or II, convalescent center, jail, hotel, motel or secure community transition facility. Convalescent Centers: Facilities for patients who are recovering health and strength after illness or injury, or receiving long-term care for chronic conditions, disabilities, or terminal illness where care includes ongoing medical treatment, including hospice, and extended care facilities. This defmition foes not include retirement residences, adult family homes, Group Homes I and II, medical institutions, or secure community transition facilities. SECTION X. Section 4-11-070 of Chapter 11, Defmitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by changing the following defmitions, to read as follows: 5 ORDINANCE NO. 4 9 8 2 14110 Group Home I (Rehabilitation): A facility or dwelling unit housing persons, unrelated by blood or marriage and operating as a group facility household. A rehabilitative group home may include halfway houses and substance abuse recovery homes. This defmition does not include congregate residential or secure community transition facilities. Group Home II (Protective Residency): a facility or dwelling unit housing persons, including resident staff, unrelated by blood or marriage and operating as a group family household. Staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible. A protective residency may include disabled (mentally and physically) persons, foster child care, abused women shelter, orphanages and other uses where residents are deemed vulnerable and/or disabled and are not a threat to self or to public health or safety. This definition does not include congregate residential or secure community transition facilities. SECTION XI. Section 9-11-190, Definitions "S," of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following definition, to read as follows: Secure Community Transition Facility (SCTF): A residential facility for persons civilly committed and conditionally released to a less restrictive alternative under RCW 71.09. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under RCW 71.09 and operated by or under contract with the Washington State Department of Social and Health Services. 6 ORDINANCE NO. 4 9 8 2 `1 SECTION XII This ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY THE CITY COUNCIL this 2 3rd day of September , 2002. 4 L ,1aL v Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 23rd day of September , 2002. (4.144.44".....1;" Jes anner, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 9/27/0 2 (summary) ORD.1000:9/19/02:ma 7 < < -1737) 2 m 7D - < OK02 0 � � L00 0CN CD CD C1) CD CD O v O CD o o -., o N • CO 0 • 7s < co w m ' m m n o: 00 CD n c _ COmZ_ _ _. co co co CD CD 3 CA cn C 5' 0 cD —I �n w cD ?1 CQ -• CD X O O Ci r = Ln Z m N co a) a Q w D ,Z co w = n y ° Cl) o F. m a) j nm 0 +vwi N cn w O m m N r O 0 f?o 3 co B 3 �• m C) U) Cl- D m wcn � 7• O N om v c W° o coc n y Z 0 < n• n4 -.1 cD c - m r_ co cr (D CD m cn —• N -I yv (I) Z D g C) =co0 m w" Z Z D rt I 10 '0 2 2 n 2 -0 2 2 D 7 0 - m U) I I 2 > x m C) D I -o I 2 D X r O 0 o, NO '11 Z X 2 2 20 E0 m Z I D —I m 0 I •0 2 2D xiN Z o ' 0 m az X D m n i2 i i 2D 71 "i X m 00.i CO 0 a Z = cn W -0•1 D2 a i 2D 7J —I CI 0 3 D O Z_ D w w 2 0 w — w w 2 2 0 Z CD c CO0 COao G) z ° � w w 2 .0 n a ..0 w � w w 2 I 2 D0 0 0 _ c o coaoCacocc E _i CI - -0 -0 -0 2 "0D -071 7 - 7371 2 2D D o � 0 w co CO W COc co I 2 r N 1 0 13 2 -0 > > 2 2 D CA O Ni n 0 C C n C) C) 0 • 0) Nn - 00Ni0 2 2D0 0 CJ1 CO Ni Cr) Ni Ni NDZ E r.) Nim O � N Nn - N NN = 0 C) CJ� Ni Ni 0) N Ni Ni N D I— N "0 -0 -0 -0712 "0D '0 7) -0 "0 2 2D O 0 w Co CI 0 Z D z D -1373 I J'D m -o a m I 2 D 0 N W 0 0 m co v � -0 2" 'o' - -0 227171 2 71 2 -0 0 � Ni w co n D 0 N N N D D O N 2 D Z _.a v _, O (0 7.R6i7 •0(I QOIIHIIIQ2i0 ORDINANCE NO. 4982 EXHIBIT B 4-2-070Q INDUSTRIAL MEDIUM (IM) SES: TYPE: Adult retail use P#43 • GRICULTURE AND NATURAL Big-box retail P I'ESOURCES Drive-in/drive-through,retail AC I atural resource extraction/recovery H#59 Eating and drinking establishments P Horticultural nurseries H • NIMALS & RELATED USES Retail sales P#34 ennels P#37 Retail sales, outdoor P#30 ennels, hobby AC#37 Vehicle sales,large P Pets, common household, up to 3 per AC Vehicle sales, small P .welling unit or business •stablishment ENTERTAINMENT AND RECREATION Entertainment •THER RESIDENTIAL,LODGING AND Adult entertainment business P#43 I OME OCCUPATIONS Cultural facilities AD aretaker's residence AC Dance clubs P#38 Dance halls P#38 CHOOLS Card room P#52 I -12 educational institution(public or H Gaming/gambling facilities,not-for- H#29 i.rivate) profit I -12 educational institution (public or P#9 Movie theaters P#38 i.rivate), existing Sports arenas, auditoriums,exhibition P#38 •ther higher education institution P#38 halls, indoor Schools/studios, arts and crafts P#38 Sports arenas, auditoriums, exhibition P#38 rade or vocational school P halls, outdoor Recreation I'ARKS Recreation facilities, indoor P#38 I'arks, neighborhood P Recreational facilities, outdoor P#32 I'arks,regional/community, existing P I'arks,regional/community, new AD SERVICES Services, General •THER COMMUNITY &PUBLIC Hotel P#38 I ACILITIES Motel P#38 Community Facilities Off-site services P#38 emetery H On-site services P#38 I'eligious institutions H Drive-in/drive-through service AC#62 Service and social organizations H Vehicle rental, small P 'ublic Facilities Vehicle and equipment rental,large P#29 ity government offices AD Day Care Services ity government facilities H Adult day care I P#55 Secure community transition facilities H71 Adult day care II AD •ther government offices and H Day care centers P#54 acilities Family day care AC •FFICE AND CONFERENCE Healthcare Services onference Center P#38 Medical institutions H#56 I edical and dental offices P#38 VEHICLE RELATED ACTIVITIES •ffices, general P#13 Body shops eterinary offices/clinics P#38 Car washes P#31 Express transportation services P 1'ETAIL Fuel dealers P ORDINANCE NO. 4982 EXHIBIT B 1069 4-2-070Q INDUSTRIAL MEDIUM (IM) Industrial engine or transmission H#59 Electrical power generation and H#66 rebuild cogeneration Parking garage, structured, P#31 Utilities, small P commercial or public Utilities, medium AD Parking, surface,commercial or P Utilities, large H public Tow truck operation/auto P#38 WIRELESS COMMUNICATION impoundment yard FACILITIES Transit centers H#59 Lattice towers support structures AD#47 Vehicle fueling stations H#38 Macro facility antennas P#44 Vehicle service and repair, large P Micro facility antennas P Vehicle service and repair, small P Mini facility antennas P#44 Wrecking yard, auto P Minor modifications to existing P#49 Air Transportation Uses H#59 wireless communication facilities Helipads, accessory to primary use H#38 Monopole I support structures P#44 Helipads,commercial H Monopole II support structures AD#47 STORAGE GENERAL ACCESSORY USES Hazardous material, storage, on-site oi'H#24 Accessory uses per RMC 4-2-050 and AC offsite, including treatment as defined in RMC 4-11, where not Indoor storage P otherwise listed in the Use Table Outdoor storage P#57 Self-service storage P#59 TEMPORARY USE Warehousing P Sales/marketing trailers, onsite P#10 Temporary or manufactured buildings P#10 INDUSTRIAL used for construction Industrial, General Temporary uses P#53 Assembly and/or packaging P operations Commercial laundries,existing P#38 Commercial laundries,new P#38 Construction/contractor's office P Laboratories: light manufacturing P#38 Laboratories: research,development P and testing Manufacturing and fabrication, heavy H#59 Manufacturing and fabrication, light P Manufacturing and fabrication, P#67 medium Solid Waste/Recycling Recycling collection station and P#38 processing center Recycling collection station P Sewage disposal and treatment plants H#59 Waste recycling and transfer facilities H#59 UTILITIES Communications broadcast and relay H#29 towers ORDINANCE NO. 4982 EXHIBIT C 4-2-070R INDUSTRIAL HEAVY (IH) USES: TYPE: Other government offices and H AGRICULTURE AND NATURAL facilities RESOURCES Natural resource extraction/recovery H OFFICE AND CONFERENCE Conference Center P#38 ANIMALS & RELATED USES Medical and dental offices P#38 Kennels P#37 Offices, general P#13 Kennels, hobby AC#37 Veterinary offices/clinics P#38 Pets, common household, up to 3 per AC dwelling unit or business RETAIL establishment Adult retail use P#43 Big-box retail P OTHER RESIDENTIAL,LODGING AND HOME Drive-in/drive-through, retail AC OCCUPATIONS Eating and drinking establishments P Caretaker's residence AC Horticultural nurseries H Retail sales P#34 SCHOOLS Retail sales, outdoor P#30 K-12 educational institution (public H Vehicle sales, large P or private) Vehicle sales, small P K-12 educational institution (public P#9 or private), existing ENTERTAINMENT AND RECREATION Other higher education institution P#38 Entertainment Schools/studios, arts and crafts P#38 Adult entertainment business P#43 Trade or vocational school H Cultural facilities AD Dance clubs P#38 PARKS Dance halls P#38 Parks, neighborhood P Card room P#52 Parks, regional/community, existing P Gaming/gambling facilities,not-for- H#38 Parks, regional/community,new AD profit Movie theaters P#38 OTHER COMMUNITY & PUBLIC FACILITIES Sports arenas, auditoriums, exhibition P#38 Community Facilities halls, indoor Cemetery H Sports arenas, auditoriums, exhibition P#38 Religious institutions H halls, outdoor Service and social organizations H Recreation Public Facilities Recreation facilities, indoor P#38 City government offices AD Recreational facilities, outdoor P#32 City government facilities H Secure community transition facilities H71 SERVICES Services, General TYPES: Blank=Not Allowed P=Permitted Use P#=Permitted provided condition can be met AC=Accessory Use AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) Uses may be further restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions; RMC 4-3-050.C,Aquifer Protection Regulations; RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts,and RMC 4-3-090, Shoreline Master Program Requirements. ilie ORDINANCE NO. 4982 EXHIBIT C *0 . 4-2-070R INDUSTRIAL HEAVY (IH) Hotel P#38 Healthcare Services Motel P#38 Medical institutions H#56 Off-site services P#38 On-site services P#38 VEHICLE RELATED ACTIVITIES Drive-in/drive-through service AC#62 Body shops P#31 Vehicle rental, small P Car washes P Vehicle and equipment rental, large P#29 Fuel dealers P Day Care Services Industrial engine or transmission P#31 Adult day care I P#55 rebuild Adult day care II H Parking garage, structured, P Day care centers P#54 commercial or public Family day care AC Parking, surface, commercial or P#38 public TYPES: Blank=Not Allowed P=Permitted Use P#=Permitted provided condition can be met AC=Accessory Use AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) Uses may be further restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions; RMC 4-3-050.C,Aquifer Protection Regulations; RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts, and RMC 4-3-090, Shoreline Master Program Requirements. ORDINANCE NO. 4982 EXHIBIT D SECTION 4-4-080.F.10.e Parking Standards The section setting parking standards for Public/Quasi-Public Activities is amended to add standards for Secure Community Transition Facilities. Other sections of this table are not changed. PUBLIC/QUASI-PUBLIC ACTIVITIES: Religious institutions: 1 for each 5 seats in the main auditorium, provided that spaces for any church shall not be less than 10. For all existing churches enlarging the seating capacity of their auditoriums, 1 additional parking space shall be provided for each 5 additional seats provided by the new construction. For all churches making structural alterations or additions which do not increase the seating capacity of the auditorium, see "Outdoor and indoor sports arenas, auditoriums, stadiums places of public assembly, movie theaters, and entertainment clubs." Medical institutions: 1 for each 3 beds, plus 1 for each staff doctor, plus 1 for each 3 employees Cultural facilities: 4 for each 100 square feet in office and public use. Public post office: 0.3 for every 100 square feet. Schools: Elementary and junior high: 1 for each employee. In addition, if buses for the transportation of students are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus. Senior high schools: public, 1 for each employee plus 1 space for each 10 parochial and private: students enrolled. In addition, if buses for the private transportation of students are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus. Colleges and universities, arts 1 for each employee plus 1 for each 3 students and crafts schools/studios, and residing on campus, plus 1 for space for each 5 trade or vocational schools: day students not residing on campus. In addition, ORDINANCE NO. 4982 trade or vocational schools: if buses for the transportation of students are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus. Secure Community Transition 1 for each 3 beds, plus 1 for each staff member, Facilities: plus 1 for each employee • ti..� ORDINANCE NO. 4982 •..r c) PDud7 doono to " bon ° V oro �D 2 O C bc co m nd o ^ ,G ra. R zo , x �• o. • 6 .0 Ts s b • ao4 6, O co o o ° ct rt — Z o c rn R r d F o ° ° m v, c e, z M 'Ti o 0 0 ° cq 5 o m r --ii c n 2 q �' ao' < ' ° g .d ° iv �' ° E. Y -I z m o b o 'o b ,b w C R w v, v' cn N co yy o 7 in ti O 'J n o Z a O• 2 c O x O _ 'd o _rt n 7 ° TYPE OF APPLICATION/ cr f,, °• R PERMIT r) a = Annexation(10%Notice of w Intent) x w Annexation(60%Petition) x Appeal CA H Business License for Home gk Occupation 1 rn o• Comp.Plan Map x Amendment/Rezone oo ,3 x ct n Comp.Plan Text Amendment rn b h Conditional Approval Permit al a for a Nonconforming Structure Conditional Approval Permit ;' for a Nonconforming Use Conditional Use Permit 4' VI x LA (Administrative) Conditional Use Permit .p C.n 1- K V, (Hearing Examiner) a s k "' Environmental Review Environmental Review(Non- k Project) 44, u) —, x Grade and Fill Permit(Special) Kennel License Kennel License,Hobby `'' k Lot Line Adjustment A v, - - Master Site Plan (Overall) +> .p a v Master Site Plan (Individual Phases) (Balance of table (M-Z) remains as before, with no changes) ORDINANCE NO. 4982 O -, ,-. .tom n � n � an ‘- -, mm � o mo mmmmcci; �ocn G G cu d G c G 'd G w " O Y O k •i ti co < » ° ° 7 ° ° d , ° R ° < w 0 0 0 5 b -o S co cc m C m G o 0 ro .. a -- o 0 w - - < < E. . O W -o r co - w o o w s) o 2 a o 2 �. ° ac ogro b b b V o~a' a^a o o. o. CrA Cm C_ - r > C7 co 0 0 0 co cu c]o • .ro ,o � .d m C� `° " OD Z cp o 0 R o 0 .b 0 .b 0 ncDi o k 7y w = a n 0 „ m r -_i co - " •, " cc, .ti cm .b o a 0 R d o n '� n n 9:: F o Z O m is p C 0 ? o o o ccoo ., w co E.cro 0 r2i ac 2 `� W N n" 0 cc -0 F .f E — c �- o o v, .' �? o N E. a TYPE OF APPLICATION/ cr • co p, 0- PERMIT n Annexation(10%Notice of Intent) A-o w Annexation(60%Petition) N Appeal Business License for Home OccupationI Comp.Plan Map —N c" "' tv Amendment/Rezone N N Comp.Plan Text Amendment Conditional Approval Permit "' V' `" for a Nonconforming Structure Conditional Approval Permit c" v' `" for a Nonconforming Use _ _ _ _ Conditional Use Permit tJ V, N V. LA N In Ul N A N A LA ., (Administrative) Conditional Use Permit N ,, hp • N N (Hearing Examiner) LA N LA Ut N Lc, N N A N A vl Environmental Review Environmental Review(Non- N Project) N " " N A A Grade and Fill Permit(Special) Kennel License Kennel License,Hobby v " '' .t' Lot Line Adjustment VI ltk .-• N N N N Master Site Plan (Overall) .r v, u, v, v, ,— A — A cn Master Site Plan N N N N N (Individual Phases) (Balance of table (M-Z) remains as before, with no changes) ORDINANCE NO. 4982 • , o r or ao r pl � r � 4rr rci rR r � r 5 RI n Dco 2. 'd 'b ' ^ 2 ; ^ ex ,cw• r000r O . a'as ° ow 'VF, : O 2, cv • rcy O cco ,-p „ ;d5 „ cti n r., c?c ccc w c -4 r, on O d o o r Zn y r C . �y rN ro ya . rnb 28 20aa 'oo c xi o 'bd g o ;. - w Y 4 a' .^.. ° +� 2 k G o r 5' ,4 5 t -I 0 0 a 5 R' O. O O O p, v 4' oo `� •71 TJ . 4. 5as E D I>-iCm E m r� < .r u � D z Z mm ' . c - 0 _ › ' Go,, pti oo 8 5 ^ rHD Co 7 b u)7 C' Nd R w ti !7 `� p 5? N .11 R ,-4. ,-* b , . ❑ Scn 5 ° , b ° o < -c 2 a 0 :,, 4 TYPE OF APPLICATION/ • o D. 0 - PERMIT 5 P Annexation(10%Notice of — IvN w Intent) w -- • w �' N �' L..) Annexation(60%Petition) W — Appeal Business License for Home Occupation 1 Comp.Plan Map ` N N N '' N N Amendment/Rezone N N N Comp.Plan Text Amendment Conditional Approval Permit Ls) r' iv `-" for a Nonconforming Structure Conditional Approval Permit 'J1 N N L" for a Nonconforming Use Conditional Use Permit N LA N 1,-) N U" "' (Administrative) Conditional Use Permit N LA ^' Ls.) N "' `" (Hearing Examiner) N LA '' N) N "' Environmental Review Environmental Review(Non- _ Project) v ) N N Grade and Fill Permit(Special) Kennel License Kennel License,Hobby ,-1, VI LII Lot Line Adjustment N N N N Master Site Plan (Overall) N N Master Site Plan N N N (Individual Phases) (Balance of table (M-Z) remains as before, with no changes) ORDINANCE NO. 4982 0 cA ern .71 4 x 47y rbb -I 0 a :o 'l .5 co o b b , g -c rb z � 44 mN co N cp rD o =Y �. co o v o co. • g 'b n i : m o a �. g- G c D W m r' co F C,° o vo rn o o ° g. ,, , F N w o0 0 5 CT C E -0 r o > n ov ' < ° 0 C o o z • w . a 0 o b• o ,-, o M n C N ° CD r, O y . -0 -- 7 >v o v H A, °° (� o n co r- -1 C ( o `° ? o� CD act V o 'CI 0 m' CiA a, ..... •CD, TYPE OF APPLICATION/ • oo PERMIT co Annexation(10%Notice of w x w Intent) -0 • w x - Annexation(60%Petition) (D A Appeal Business License for Home x Occupation 1 Comp.Plan Map t� x to Amendment/Rezone t.) N Comp.Plan Text Amendment Conditional Approval Permit "' "' x " "' "' for a Nonconforming Structure Conditional Approval Permit `-^ t� `^ "' x "' " for a Nonconforming Use Conditional Use Permit_ _ U N N LA x `+ ? VI N (Administrative) Conditional Use Permit vt x .- v, N N A N (Hearing Examiner) N N "' x — "' (..AN Environmental Review Environmental Review(Non- N N Project) NJ N `" x — `ii t� Grade and Fill Permit(Special) Kennel License Kennel License,Hobby ut Ut LA N Lot Line Adjustment Ut x .- N N Master Site Plan (Overall) vt x Master Site Plan N N N (Individual Phases) (Balance of table (M-Z) remains as before, with no changes) ' " ORDINANCE NO. 4982 O ' c d �° n��?j "r3 � Hn -I rroDA 4 m o,"4 4 up b4 44 r � F MW co oC b ro ED c wo° D ^ w g P O " no ii o o 2 `' m e D co FP '- r ° Y r < Oro ,' Do.; ) r5 4 . ,r p W 71 co -G o ❑• Gf, . bO ':.'i. ', •,. _ r,.. mcm -a P a rn op n G .' c , c r 'T ,1 ( _ D C wa j wb 5 7Eo " ° F ^ KKonM -I Z 2ro Q o aoa Naczi2 E cn. 5 dr. r ° � w a wbq 5 D D 0 ? < < ° op, ' n 4 R- n N Pi p 5 m r _i c 6 o' w x w n fD v �' 5 ago' " vo' b :v m N W rn tzf o < 0. y 0- ,nn, .o o ° coo r' fD "• E. r. TYPE OF APPLICATION! PERMIT f') Annexation(10%Notice of Intent) Po 0• Annexation(60%Petition) al Appeal Business License for Home Occupation) Comp.Plan Map `'' Amendment/Rezone Comp.Plan Text Amendment Conditional Approval Permit for a Nonconforming Structure _ Conditional Approval Permit N for a Nonconforming Use Conditional Use Permit LA N N (Administrative) Conditional Use Permit " N LA l‘' +' Lc. N N (Hearing Examiner) in IL) " " N Environmental Review Environmental Review(Non- Project) r" N `^ 4' Grade and Fill Permit(Special) Kennel License Kennel License,Hobby " N " Lot Line Adjustment v v, v N N N N N Master Site Plan (Overall) v, — v, t� c„ u, .- Master Site Plan N �' N (Individual Phases) 1 (Balance of table (M-Z) remains as before, with no changes) ORDINANCE NO. 4982 z ^ \o 00 J O d rn n a' o b FP w !'" H , or ro im a - 2. < " < •o n n n n o ' c ▪ -▪ vo 4nn ., cn o o okoc . . .o o G aa 0 0 M c n .• a 0c cro' v aa. ,; p1 . •c a ° o . n . �, s E co N 5 00 a a n o -. C' ' o • ° a a C o o C- n ,p 0 " w ti -, p a a•. rd ., p bR. . .rn RO . H 1 ! Ii• )"ooC ` - c . o - ' w w n ^ I Y c 01 - co o F .44 Mt b oO .n N ' .n n a S. 'b C n eo A, G , < , 5, W M M : n .1n no p F . Ie no v pN _ a n O• GO Ow V) n DT n p • n. O. n ,. a .0 •P O .0 G o 'O O O Q c. p rNn 5. = w R 5 �. cl- Yn o = oo n n G 7 try p? L• n O� r. n ,D �. n • OC "' Q' o 5 g O N 0 C J p 'b O• O0 5 n0 o. 5. �O d • O. 'C n �. n P cr 00 w 5 V n n wRO , n 1,71 CN O c, o n CrNi,tZ1r. n R. o. P- Cl' �i Cl, p G- 'L3 . P o- 'o 5 5, o b d n v, • 0 ti n xS. v, • b n = p ' n co EA '-' n v' < 6r t7 to v,• 5t & K i,' G. G4. CD 4. p o R cra o a '' C r- a CD 0 a d <• v, a o v, n (Balance of table (M—Z) remains as before, with no changes) September 23,2002 Renton City Council Minutes •✓ Page 370 $64,200 for this Citywide program. MOVED BY PERSSON, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See below for resolution.) ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution#3588 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: Commute Trip interlocal cooperative agreement with King County entitled "Commute Trip Reduction Program Services, Reduction Act Implementation Agreement." MOVED BY PERSSON, King County SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and advanced for second and final reading: Planning: Secure Community An ordinance was read amending Chapter 2,Land Use Districts; Chapter 4, Transition Facilities (for Level Property Development Standards; Chapter 8,Permits and Decisions; Chapter 9, III Sex Offenders) Procedures and Review Criteria; and Chapter 11,Definitions; of Title(V (Development Regulations)of City Code to provide a process and criteria for review of Secure Community Transition Facilities.* Councilwoman Keolker-Wheeler asked that the title "Parking Regulations" be added to Exhibit D of the ordinance. *MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#4982 Following second and final reading of the above ordinance, it was MOVED BY Planning: Secure Community KEOLKER-WHEELER, SECONDED BY BRIERE,COUNCIL ADOPT THE Transition Facilities (for Level RDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. III Sex Offenders) The following ordinance was presented for second and final reading and adoption: Ordinance#4983 An ordinance was read amending Sections 6-6-4, 6-6-8, and 6-6-9 of Chapter 6, Legal: Dangerous Dog Animals and Fowl at Large,of Title VI (Police Regulations) of City Code by Regulations amending definitions and procedures related to dangerous dogs. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilman Persson reported a citizen complaint concerning speeding traffic, Police: Smithers Ave S lack of sidewalks,and a ditch that floods over at the 2200 block of Smithers Speeding Problems,Lack of Ave. S., between Talbot Rd. S. and S.23rd St.,near Talbot Hill Elementary Sidewalks School. Mayor Tanner stated that the Police Department will investigate the speeding traffic,and the Planning/Building/Public Works Department will investigate the sidewalks and flooding. Police: Dangerous Dog Councilman Persson asked that an animal control officer investigate a residence Investigation,Talbot Rd S which houses two Rottweiler dogs located at the 2200 block of Talbot Rd. S.,to Residence determine if they are dangerous and if they are being cared for properly. Planning: South Renton Councilwoman Keolker-Wheeler reported that the South Renton Neighborhood Neighborhood Plan Plan received an award at the annual conference of the Washington Chapter of the American Planning Association,and asked that the Planning Commission members be invited to the award presentation. September 23,2002 Now, Renton City Council Minutes W✓ Page 368 Utility: Stoneway Concrete Water Utility Division reported the intent of the Administration to grant Plant Relocation, Additional Stoneway Concrete's request for additional time, until November 30,2002,to Time relocate its plant outside of Renton's Aquifer Protection Area due to delays incurred during the construction of its new plant. Information. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Planning and Development Committee Chair Keolker-Wheeler presented a Planning & Development report regarding Secure Community Transition Facilities (SCTF). The Committee Committee met three times in August and September to review the Planning: Secure Community recommendations of the Administration and Planning Commission on SCTF. Transition Facilities (for Level The final meeting occurred on September 19, 2002, which was after the public III Sex Offenders) hearing before the Council. There were only two people who testified, one Renton citizen and a representative of the Washington State Department of Social and Health Services (DSHS). The Committee recommended that Title IV(Development Regulations)be amended to permit an SCTF as a Hearing Examiner conditional use in the IM(Medium Industrial)and IH(Heavy Industrial)zones, limited to the Employment Area Valley land use designation south of I-405, and subject to additional conditions specifying that SCTF could not: 1. house more that six persons; 2. be allowed within 330 feet of a residential zone; or 3. be allowed within one mile of an existing SCTF, work release,prerelease, or similar facility. The SCTF would be located out of the "line of sight," defined as 600 feet from "risk potential activities," unless the applicant(DSHS)demonstrates through the conditional use process that obstructions to the "line of sight" occur at a lesser distance. The Committee also recommended adoption of conditional use permit findings, parking regulations,definitions and submittal requirements for the SCTF,and definitions for group homes,congregate care facilities, and convalescent facilities to clarify that an SCTF is excluded from these definitions. The Committee further recommended that the proposed SCTF ordinance be presented for first and second reading. MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 370 for ordinance.) Finance Committee Finance Committee Chair Parker presented a report recommending approval of Finance: Vouchers Claim Vouchers 207840-208301 and two wire transfers totaling $1,731,536.14; and approval of Payroll Vouchers 40395 -40641,one wire transfer and 564 direct deposits totaling$1,696,262.12. MOVED BY PARKER, SECONDED BY PERSSON,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services: Aquatic Finance Committee Chair Parker presented a report concurring with the staff Center Design,Northwest recommendation to authorize the Mayor and City Clerk to enter into a Architectural Company consultant agreement with Northwest Architectural Company to design,bid, and supervise the construction of the Renton Aquatic Center. The contract amount is$396,326. MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. CT"COUNCIL PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT Date 9-23-Rd°°,? September 23,2002 Secure Community Transition Facilities (Referred August 12, 2002) The Planning and Development Committee met three times in August and September to review Administration and Planning Commission recommendations on Secure Community Transition Facilities (SCTF). The final meeting occurred on September 19, 2002, which was after the public hearing before the Council. There were only two people who testified — one Renton citizen and a representative of the Washington State Department of Social and Health Services (DSHS). The Committee recommends that Title IV development regulations be amended to permit an SCTF as a Hearing Examiner Conditional Use in the Medium Industrial and Heavy Industrial Zones, limited to the Employment Area Valley, south of 1-405, and subject to additional conditions specifying that Secure Community Transition Facilities could not: 1) house more than 6 persons, 2) be allowed within 330 feet of a residential zone or 3) be allowed within one mile of an existing SCTF, work release, prerelease, or similar facility. The SC 11 would be located out of the "line of sight", defined as 600 feet, from "risk potential activities", unless the applicant (DSHS) demonstrates through the conditional use process that obstructions to the "line of sight"occur at a lesser distance. The Planning and Development Committee also recommends adoption of conditional use permit findings, parking regulations, definitions and submittal requirements for the SCTF, and definitions for group homes, congregate care facilities and convalescent facilities to clarify that an SCTF is excluded from these definitions. The Committee further recommends that the proposed SCTF ordinance be presented for first and second reading. Kathy K olker-Wheeler, Chair 4111P- erri Bricre, i ce t . King Parker,Member cc: Sue Carlson Rebecca Lind SCTF.rpt\ Rev 01/02 bh RENTON CITY COUNCIL Regular Meeting September 16, 2002 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF TONI NELSON,Council President; DAN CLAWSON; KATHY KEOLKER- COUNCILMEMBERS WHEELER; KING PARKER; DON PERSSON; RANDY CORMAN. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL EXCUSE ABSENT COUNCILWOMAN TERRI BRIERE. CARRIED. CITY STAFF IN JESSE TANNER,Mayor;JAY COVINGTON, Chief Administrative Officer; ATTENDANCE LAWRENCE J. WARREN, City Attorney; BONNIE WALTON;City Clerk; GREGG ZIMMERMAN,Planning/Building/Public Works Administrator; SUE CARLSON,Economic Development Administrator;ALEX PIETSCH, Economic Development Director;REBECCA LIND,Planner Manager;MIKE WEBBY,Human Resources Administrator; JUDGE TERRY JURADO, Municipal Court; DEREK TODD,Assistant to the CAO; COMMANDER KATHLEEN MCCLINCY and COMMANDER FLOYD ELDRIDGE, Police Department. PROCLAMATIONS A proclamation by Mayor Tanner was read declaring the week of September 23 Race Equality Week— to 27,2002, to be "Race Equality Week" in the City of Renton, and September 23 to 27,2002 encouraging all citizens to join in this special observance to reaffirm our commitment to ensuring racial equality and justice in the City. MOVED BY KEOLKER-WHEELER, SECONDED BY PARKER, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. Added A proclamation by Mayor Tanner was read declaring the day of October 31, Trick-or-Treat for UNICEF 2002, to be "Trick-or-Treat for UNICEF Day" in the City of Renton, and Day—October 31, 2002 encouraging all citizens to join in this special observance. MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted and published in Planning: Secure Community accordance with local and State laws,Mayor Tanner opened the public hearing Transition Facilities(for Level to consider the regulation of Secure Community Transition Facilities(SCTF) III Sex Offenders) land uses which are facilities for Level III sex offenders. Rebecca Lind, Planner Manager,described the facilities as small secure residential treatment facilities of three to twelve beds for on-site treatment and transition of sex offenders to community-based housing. The facilities allow visitation and escorts are required for residents when they leave the facility. She stated that the facilities will house the highest level of sex offenders,Level III, who are currently incarcerated on McNeil Island. The offenders have completed their required sentences and have been deemed "likely to re-offend." Ms. Lind explained that because of a federal court ruling, the State is required to create a"less restrictive living alternative" for offenders that have served their sentences but still require treatment before they can be released. In response to the ruling,the State adopted legislation requiring the siting of SCTF in local communities,and King County must accept its fair share of offenders which is projected by the State Department of Social and Health Services ' September 16,2002 'wr. Renton City Council Minutes ...+ Page 353 (DSHS) to be five to fifteen. The State requires that counties and cities adopt zoning regulations and establish siting and operational criteria by October 1, 2002, and jurisdictions that fail to enact zoning face preemption by the State for the siting of the facilities. Continuing, Ms. Lind explained that preemption means the State may select a site and build the SCTF regardless of local codes and regulations; however,the sites must meet legislative criteria,and there are a number of potential sites throughout Renton. She stated that the City can choose either preemption or the adoption of zoning regulations,both of which result in the potential siting of the SCTF. Ms. Lind reviewed the State preemption process and siting requirements, noting that sites cannot be located adjacent to or within the "line of sight" of"risk potential activities" such as existing schools and recreation centers. Ms. Lind explained that if the City adopts zoning to control the site location, the City would apply the State criteria to limited locations within the City. She stated that the zoning regulations that staff proposes would allow the facilities in the IM(Medium Industrial)and EH(Heavy Industrial)zones in the Employment Area Valley land use designation south of 1-405, and would establish Conditional Use Permit review criteria. She noted that the review criteria would address the siting of the facility and not whether the facility would be sited. In addition, staff is proposing that the facility be limited to six beds, and not be within 330 feet of residential zones or within one mile of existing similar facilities. Continuing, Ms. Lind reviewed the reasons why staff is proposing a six-bed facility, and stated that that DSHS has reviewed the City's proposal and recommends reconsideration of the six bed limit so that there is an option to expand to twelve beds. Stating that the proposed regulations allow for six beds, and an expansion would be considered a new application, she noted that DSHS considers that restrictive and not in compliance with State legislation. Ms.Lind stated that it is unclear if specifying the six-bed limit would trigger the State to preempt the City's zoning regulations in their entirety. Ms. Lind concluded by saying staff recommends that the City enact the zoning regulations. Reviewing the next steps in the process,Ms. Lind indicated that the matter will be discussed by the Planning&Development Committee on September 19th, and the Committee will recommend action to Council at the September 23rd Council meeting. Public comment was invited. Allen Ziegler,DSHS Special Commitment Center Community Programs Manager,PO Box 45322,Olympia,98504,expressed his concern regarding the maximum number of resident beds allowed in the zoning regulations proposed by the City. Stating that although DSHS currently does not know how many beds would be built at any one SCTF location, he indicated that an option proposed to the Governor by DSHS is to site a twelve-bed facility designed as two six-bed buildings on one site, with the construction of the second six-bed building when needed. Mr. Ziegler stated that DSHS has no objections if the City's intent is to allow a six-bed facility with the possibility of expansion to twelve beds; however, DSHS has objections if the intent is to limit the size of the facility to no more than six beds. He also stated that DSHS has no objections to the proposed September 16,2002 Noy Renton City Council Minutes **is'? Page 354 regulations pertaining to the separation of sites from residential zones and the one-mile separation from other similar facilities. Mr. Ziegler concluded by thanking Council and City staff for their work on this matter. Arland "Buzz" Johnson, 334 Wells Ave. S.,#221,Renton, 98055, commented that it is strange that the State may site a twelve-bed facility in Renton, since Renton has only a small portion of the total population of King County. He agreed with the City's proposal to site the facility in an industrial zone, away from residential areas. Mayor Tanner pointed out that Renton is not volunteering to site the facility, but is proposing zoning regulations to prevent preemption by the State. Councilwoman Keolker-Wheeler stated that facilities will be sited all over the State, and emphasized that at this time, the State is not proposing a facility in Renton. There being no further public comment, it was MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. For the record, Councilwoman Keolker-Wheeler asked what the process is if the State should decide to challenge or preempt a portion of the City's zoning regulations if the facility is sited in Renton. Stating that DSHS is still working its way through this process which continues to evolve, Mr. Ziegler emphasized that preemption is not a course DSHS wants to take and would rather work with the jurisdiction. Mr. Ziegler expressed his doubt that DSHS would preempt the zoning regulations in their entirety rather than just those portions DSHS disagrees with. Responding to Mayor Tanner's inquiry regarding whether preemption is a judicial process, Mr. Ziegler said that the State does have the authority for preemption and does not need to go through the courts. In response to Council inquiry,Mr. Ziegler stated that DSHS would take into consideration the number of offenders already confined in a local jurisdiction. Regarding the security of the facilities, he described the measures that will be taken which include: staff training; a mostly one-to-one, staff-to-resident ratio; an escort whenever the resident is out in the community; and the use of monitoring devices. Councilman Parker commented that this matter has been studied in depth by the Planning&Development Committee, and pointed out that the federal government is requiring states to site these facilities and in turn,the State is requiring local jurisdictions to do the same. By enacting zoning regulations, Mr. Parker indicated that the City is accommodating the requirements while still maintaining some control in the matter. Councilwoman Keolker-Wheeler expressed her concerns regarding the Conditional Use Permit process,and the Council's role as an appellate body if the State's authority prevails. She encouraged citizens to submit comments on this topic prior to the Planning&Development Committee meeting on September 19th, and expressed her appreciation to State Senator Jim Horn for attending the Council meeting,and to City staff,the Planning Commission,and DSHS representatives for their work on this matter. ADMINISTRATIVE Chief Administrative Officer Jay Covington,reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work O set NT PUBLIC HEARING HANDOUT September 16, 2002 APPLICATION NAME: SECURE COMMUNITY TRANSITION FACILITIES PROJECT DESCRIPTION: The proposed zoning text amendment would add Secure Community Transition Facilities (SCTF), which are facilities for sexually violent offenders, to the zoning use table in the Heavy Industrial and Medium Industrial zones in the Employment Area Valley south of Interstate 405. The use would be a Hearing Examiner Conditional Use subject to several special design criteria including evidence of a public process, consideration of alternative locations, and a security plan. As proposed, the facilities could not house more than 6 persons, not be allowed within 330 feet of a residential zone or within one mile of an existing SCTF, work release, prerelease, or similar facility. The proposal includes buffering within 600 feet from "risk potential activities" unless the applicant (DSHS) demonstrates through the conditional use process that obstructions to the "line of sight" occur at a lesser distance. "Risk potential activities", as defined in RCW 71.09.020, include the following uses: Community and recreation centers, Churches, synagogues, temples and mosques, Licensed day care and preschool facilities, Publicly dedicated trails, Public libraries, Public parks, Public and private schools, School bus stops, and Sports fields. PROJECT LOCATION: Medium Industrial Zone and Heavy Industrial Zone within the Employment Area —Valley Land Use Designation South of 1-405. There is currently no proposal to locate such a facility in Renton. The proposal also amends definitions of congregate residence, convalescent centers, Group Home I and Group Home 11 to clarify that these definitions do not include Secure Community Transition Facilities. In addition, the Parking Standards in the Renton Municipal Code are amended to establish a parking standard for Secure Community Transition Facilities of 1 space for each 3 beds, plus 1 space for each staff doctor, plus 1 space for every 3 employees. For additional information, contact the project manager: Rebecca Lind, Planning Manager at (425) 430- 6588. 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I141 614y8 ' n ✓ � �� w �� �.. � * ?f I ,, 771 t zn rt r figibB r / t( 1Wih-1 j :/ 1 ,'i I t � ,I y7 •i tl ,! 1 4 4' 111 �� e f y r 1 }} 1 r` I �f st - ci J I J �� r7 i o' i i _1-, S 186th Si 1 - 1 Renton SCTF 1500 3000 600 fit. buffer 1 : 1g°°° 1 IL-Industrial Light IM-Industrial Medium IH-Industrial Heavy 1 I DSHS identified at-risk parcel • Economic Development/Neighborhoods/Strategic Planning Wetlands 600 ft.buffer from DSHS identified at-risk parcels ♦. ♦ Sue Carlson, Administrator —c. Del Rasana — City Limits Identified trail S♦' 21 August 2002 Proposed Strander Extension 600 ft.buffer from identified trails 'Area excludes wetlands and is shown in acres p i Now' Nome 10 SECURE COMMUNITY TRANSITION FACILITIES Public Hearing Renton City Council September 16,2002 2 0 Why We're Here • SCTFs —What are they? —Why should the City plan for them? • New state laws responding to Federal Court ruling • Renton's options 3 SCTFs: What are they? • Small, secure residential treatment facilities for convicted sex offenders • 3 to 12 beds • On-site treatment and security • Allowed visitation • Required escort for work-release and all other off-site activities 4 0 SCTFs: What kinds of offenders are we talking about? • Level Ill (highest level)sex offenders • Currently incarcerated on McNeil Island • Completed required sentences • Deemed "extremely likely to re-offend" 5 0 Federal Court Ruling • State Constitutional Crisis — State can't keep people in jail after they've served their sentences —These offenders still require treatment before they can be released • State required to create a court-determined "less restrictive living alternative" 6 U Federal Court Ruling cont... • DSHS must get eligible individuals out of incarceration and into transitional facilities • If not, McNeil Island facility will be closed and all offenders released 2 State's Response • Passed two pieces of legislation (2001 and 2002) requiring siting of SCTFs — DSHS projected number of beds needed —Counties must accept their fair share of offenders • King-5to15 1 • Snohomish-3 to 7 • Clark,Kitsap,Spokane&Thurston-3 each • Pierce-no additional 8 o State's Response cont'd — Required counties and cities to adopt zoning regs. by October 1,2002 — Established siting&operational criteria(risk buffers,security,staffing &escort requirements) —Jurisdictions failing to enact zoning face"preemption" 9 0 What Does Preemption Mean? • State may select sites and build the SCTF regardless of local codes®ulations • Sites must meet legislative criteria • Potential sites throughout Renton 10 v Renton City Council has Two Options 1) Choose preemption and see what happens or 2)Adopt zoning and put a tight box around where we would allow an SCTF • Both result in potential siting of SCTF 110 Option 1 - No Action State Preemption Process • DSHS will analyze sites, countywide, to determine which meet siting requirements and are most suitable for siting SCTFs • DSHS selects preferred site • DSHS holds public hearings • Process exempt from SEPA and SEPA appeals 12 U State SCTF Siting Requirement • Cannot be located adjacent to or within "line of sight" of"risk potential activities" —Community recreation centers, public trails — Daycares and preschools — Public libraries — Public&private schools, bus stops — Religious facilities — Sports fields 13 0 State SCTF Siting Requirements cont... • Preference given to locations farthest removed from risk potential facilities 2 • Consider equitable distribution factors (similar state-run facilities) • Balance proximity of SCTF site to facilities such as schools, child care centers, etc., against other factors 14 U "Line of Sight" Definition • DSHS determines as approximately 600 feet • Visual barriers (existing or buildable) can reduce actual distance 15 0 Option 2 - Adopt Zoning to Control Site Location • Apply state criteria to limited locations in the City • Determine how City will review and process applications • Add other project mitigation IF NOT more restrictive than state criteria — If DSHS deems specific City regulations more restrictive, State may still preempt 16 0 Administration Rationale • The specter of preemption outweighs the risk of enacting City zoning regulations —Sites throughout Renton meet state criteria — It is better to place a tight box around where an SCTF could locate than to allow State to place one where and how it likes 17 0 Administration Proposal • Select Option 2-adopt zoning regulations —Allow SCTFs in IM&IH Zones in Employment Area Valley south of 1-405 — Establish Conditional Use Permit review criteria • Alternative locations considered • No concentration of facilities • Security plan • Public process 18 • Red areas are those in which an SCTF could be sited — IM- 126.4 acres — IH-59.7 acres 19 20 0 Administration Proposal Cont'd — Maximum 6 bed facility — Not within 330 feet of residential zones — Not within one mile from existing similar facilities • No other similar facilities in Renton city limits • Griffin Home not a similar facility 21 0 DSHS Comments • Size of Facility — Recommend reconsideration of bed limit 3 - State wants the option to expand to 12 - Considers it overly restrictive and not in compliance with legislation 22 J What Other Jurisdictions Are Doing • Adopted ordinances - Auburn, Bellevue, Burien, Issaquah, Kirkland, Mercer Island, North Bend, Redmond, Tukwila • Preparing Ordinances - Bothell, Des Moines, Kent, Newcastle, King County • Choosing Preemption/No Action - Federal Way, Covington, Lake Forest Park, Seattle,Woodinville, Shoreline, SeaTac 23 J Recommended Action • Option 2 -enact zoning regulations • Benefits -Create local process - Restrict siting to industrial zones within the Valley - Limit to 6 beds 24 J Next Steps • Planning & Development Committee will take public testimony tonight • Deliberation at Committee meeting Sept. 19, 2 p.m. • Recommend action to City Council Sept. 23rd • Council action on any proposed legislation on Sept. 23rd 25 0 4 STATP�. �✓ =c �s fl< lytc. STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES PO Box 45322 • Olympia WA 98504-5322 September 4, 2002 City Council City of Renton P.O. Box 896 Renton, Washington 98045 RE: Amendments to Renton Ordinance 4260, "Code of General Ordinances of the City of Renton, Washington," regarding the siting of Secure Community Transition Facilities Dear Council Members: Thank you for the opportunity to comment on the proposed amendments to the City of Renton's development regulations. We appreciate the City's interest in working with the Department of Social and Health Services (DSHS) to assure that the City's approach to siting secure community transition facilities (SCTF) meets the requirements of state law. We look forward to continuing to work in partnership with the City to adequately and appropriately address this important need. As you know, RCW 36.70A.200, as amended by ESSB 6594 (Chapter 68, Laws of 2002), requires all counties and cities to establish a process and amend development regulations as necessary "to provide for the siting of secure community transition facilities consistent with statutory requirements applicable to these facilities." At a minimum, this means: • The local process and regulations must not preclude the siting of an SCTF. • The land use regulations must be consistent with, and no more restrictive than, the requirements for siting and operating an SCTF set out in chapter 71.09 RCW. • ESSB 6594 (Chapter 68, Laws of 2002), Sec. 7, states that the requirements set out in RCW 71.09.285 through 71.09.340 are minimum requirements to be applied by DSHS. This does not prevent a city or county from adopting development regulations, as defined in RCW 36.70A.030, unless the proposed regulation imposes requirements more restrictive than those specifically addressed in RCW 71.09.285 through 71.09.340. Regulations that impose requirements more restrictive than those specifically addressed in 0 Renton City Council `` September 4, 2002 Page 2 these sections are void. Nothing in these sections prevents DSHS from adding requirements to enhance public safety. • The jurisdiction must consider the effect of"equitable distribution factors" on the siting of a facility as addressed in RCW 71.09.250(8). A written policy or statement that describes how your jurisdiction weighs this requirement against other public safety siting requirements of chapter 71.09 RCW is evidence of your consideration. • The zones or areas that the jurisdiction identifies as appropriate for siting secure community transition facilities must include potential sites that meet the criteria in state law. The jurisdiction has the option of identifying specific sites or parcels that meet the criteria in state law. A potential site means either buildable land or a suitable existing facility that is available for lease or purchase at a reasonable or fair market rate. To meet these requirements, we suggest that a jurisdiction complete sufficient analysis to determine whether or not areas or zones designated as appropriate for siting an SCTF will actually yield potential sites that meet the criteria in chapter 71.09 RCW. At a minimum, this means analyzing risk potential locations and equitable distribution factors. To assist you in this analysis, DSHS developed a Geographic Information System (GIS) that maps the locations of risk potential facilities and activities and provides information on equitable distribution factors. DSHS has provided this GIS data to your planning staff and will provide updated data as it becomes available. • The local jurisdiction's siting and permitting processes that would be required when DSHS actually sites a facility must be designed to result in a permitted site in a timely manner. This means that the siting process will enable the department to complete construction or renovation of a facility so that it is available for occupancy when needed. A reasonable amount of time to complete local land use permitting process is 180 days from the inception of any local requirements. It is the department's expectation that local jurisdictional permitting processes and regulations (e.g., building permits) for SCTFs will be no more stringent than the requirements for group care facilities. The enclosed letter from DSHS Secretary Dennis Braddock, dated June 20, 2002, provides additional information regarding the meaning of these requirements for counties and cities subject to preemption of local land use authority under ESSB 6594. For your information, we are also enclosing another letter from Secretary Braddock, dated July 19, 2002, on the issue of emergency response time. Renton City Council September 4, 2002 Page 3 Specific Comments on Amendments to Development Regulations DSHS offers the following comments on the City of Renton's draft ordinance to amend the City's development regulations to establish a process for siting secure community transition facilities (SCTFs). Proposed Zoning Districts. The draft ordinance circulated to state agencies on July 19, 2002 and distributed to the Renton Planning Commission on August 7, 2002, shows SCTFs permitted as a Hearing Examiner Conditional Use process in the commercial arterial (CA), industrial medium (IM) and industrial heavy (IH) zoning districts. We understand that staff is proposing to not allow SCTFs in the commercial arterial zone due to the large number of small parcels, and to allow them in the industrial light (IL) zone, as well as the medium and heavy industrial zones. The following comments are based upon allowing SCTFs in the three proposed industrial zones. Conditions for Siting SCTFs. Section V of the proposed ordinance would add Note 71 to Title 4, Chapter 2,"Land Use Districts, Section 4-2-080, Conditions Associated with Zoning Use Tables." Note 71 would allow SCTFs only in the Employment Area Valley (EAV) land use designation south of 1-405, subject to a number of conditions. We have concerns with the following conditions: • Maximum Number of Residents. Note 71.a. would limit the number of residents in a Secure community transition facility to a maximum of 3 persons, excluding resident staff. We oppose this provision. RCW 71.09.250(6)(a) required the department, by August 31, 2001, to notify counties of the minimum and maximum number of beds that may be necessary for the period May 2004 through May 2007. In making those projections, DSHS followed the intent of the law to allocate the beds among the counties using a "fair share" approach. In August 2001, DSHS allocated the projected beds to twelve counties that had civilly committed at least three residents to the Special Commitment Center as of April 1, 2001. ESSB 6594, with its preemption provisions, however, effectively narrowed the list of counties to the six of the seven counties that had at least five residents committed or detained for commitment to the Special Commitment Center on April 1, 2001. In allocating the projected beds, DSHS assigned a larger number of beds (but a proportionate share based on the April 2001 civil commitment statistics) to King County and Snohomish County. King County was assigned a maximum of 15 beds and Snohomish County a maximum of seven. The other four Renton City Council err► September 4, 2002 Page 4 counties, Clark, Kitsap, Spokane, and Thurston, which had had smaller numbers of civil commitments, were each assigned three beds. A three-bed facility is very expensive to operate. Nonetheless, the legislation's fair share concept and its mandate to DSHS to assign no county more beds than the number of persons that the county had civilly committed as of April 2001 drove the allocations. Siting somewhat larger facilities to realize some economy of scale is possible only in two counties — King and Snohomish. Several of the local jurisdictions in King County included size restrictions upon the siting of a SCTF in their communities. In order to respond to the proposed ordinances, DSHS developed several hypothetical models, which included the number of beds in a SCTF and the estimated operational costs. At this time DSHS has not made a final determination on plans for a facility in King County. Many factors need to go into the facility planning including location, site characteristics, SCC census projections, capital and operational costs, etc. In order to provide comparisons for various facility sizes, DSHS has estimated operational costs for 3-bed, 6-bed, 12-bed and 15-bed facilities. For example, siting one 12-bed facility in the King County area, rather than several three- bed facilities would take advantage of economy of scale, an important consideration given the constraints on state budgets. An option being considered by the department is to site a 12-bed facility designed as two six- bed buildings on one site, with the construction of the second six-bed building to be completed when needed. Building and operating four three-bed facilities instead of one 12-bed facility would nearly double the capital costs and increase ongoing annual operating costs by 47 percent. These increases would be on top of an already expensive program. The operating costs of one three-bed facility— after the initial startup expenses in the first two years —would be an estimated $1.099 million per year. Operating four separate three-bed facilities would total an estimated $4.396 million per year. Since the operating costs of a 12-bed facility would be an estimated $2.982 million per year, it would cost an additional $1.414 million per year to house 12 residents in four facilities instead of one. In establishing state operating and capital budgets, the legislature must make decisions based on a prudent use of the state's resources. Restricting the size of the secure community transition facility to three beds, which would require siting four facilities on four sites, is clearly not a prudent use of resources. Such a restriction on the facility size by local jurisdictions would appear to be designed to be preclusive. It would greatly elevate the cost without any analysis and justification to show that the increased cost is essential to and enhances public safety. Renton City Council .. September 4, 2002 Page 5 Determining the size of a SCTF is within the scope of the department's decision-making authority granted by the legislature. There is no reference in the law that gives local jurisdictions the authority to limit the size of the facility. The department strongly encourages the City of Renton to remove the limitation on facility size from your proposed ordinance. • Separation from Residential Zones. Note 71.b. would not allow an SCTF to be sited within 330 feet of any residential zone or residential use, located within or outside the City limits. We have no objection to siting a SCTF in an industrial zone, or to limiting siting to the Employment Area Valley (EAV) land use designation south of 1-405, or to further defining the area available by removing a 330-foot wide strip of land wherever an industrial district borders a residential zoning district. Our concern is whether the requirement that no SCTF be allowed within 330 feet of any residential zone would be so limiting that it could actually preclude the siting. RCW 36.70A.200(5) states that no local comprehensive plan or development regulation may preclude the siting of essential public facilities, including SCTFs. We understand that the City has conducted geographic analysis to determine the amount of land available for siting SCTFs after removing areas likely to be affected by risk potential facilities and activities. If it has not already done so, we would encourage the City to calculate the number of parcels that would be available if a 330-foot buffer from residential zoning districts is added to the areas removed due to the proximity of risk potential facilities and activities. The department does not object to this provision, provided that the city is confident that an adequate number of parcels meeting the state siting criteria would remain available. • Proximity to Any Residential Use. We are concerned that the city's proposed requirement restricting the distance between an SCTF and a residential use (Note 71.b.) would be inconsistent with and more restrictive than state law. State law requires that an SCTF must not be located adjacent to, across the street or parking lot from, or within line of sight of risk potential facilities. The law includes a list of risk potential facilities such as schools, child care centers, and parks, but does not require SCTFs to be separated by any specific distance from other residential uses. Requiring that an SCTF be located at least 330 feet from any residential use is thus more restrictive than the requirements in state law. Our concern is that this provision could be preclusive. ESSB 6594 Section 7 states that regulations that impose requirements more restrictive than those specifically addressed in RCW 71.09.285 through 71.09.340 are void. Renton City Council September 4, 2002 Page 6 • Risk Potential Activities and Facilities: Trails. Note 71.c. lists risk potential activities. To avoid any confusion, we encourage the City to adopt the list of risk potential activities and facilities as it is written in RCW 71.09.020. For example, "trails" should be "publicly dedicated trails." • Separation of One Mile From Any Existing Secure Community Transition Facility or Correctional Facility. It is our understanding that Note 71.d. implements the city's equitable distribution policy. This condition would require a one-mile separation between an SCTF and any existing SCTF, work release, prerelease, or similar facility. RCW 71.09.250(8) requires cities and counties to consider equitable distribution in coordinating and deciding upon the siting of secure community transition facilities. RCW 71.09.250(9) defines equitable distribution. Our concern here is whether a separation of one mile limits the area available for siting an SCTF to the extent that siting a facility is precluded. We suggest that the city conduct additional geographic analysis before making this requirement to be sure it is not preclusive, and to limit the facilities to those operated by the department of corrections or the mental health division of the department of social services. Section VIII. Permits and Decisions: Definitions • Operating Rules Proposal for SCTF. The proposed ordinance would define this as a "written proposal outlining the scope of operations of a secure community transition facility, including but not limited to daily operating hours, activities of occupants, procedures for off-site activities in [sic] any, and visitation procedures for non-residents, including professional care providers, family members, or other service providers." Please see "Additional Decision Criteria: Adequate Operating Rules" below for comments on this section. Section IX. Additional Decision Criteria. Section IX of the proposed ordinance would add a new section I., "Additional Decision Criteria for Secure Community Transition Facilities," to Section 4-9-030 of Chapter 9, Procedures and Review Criteria in Title IV (Development Regulations) of the City's Ordinance No. 4260. In determining whether to issue a conditional use permit for Secure Community Transition Facilities, the reviewing official would need to consider a number of criteria in addition to those for other conditional use permits. Exhibit F lists the documents required for a conditional use application, including those specific to SCTFs. Several of these application requirements and approval criteria are of concern to the department. Renton City Council September 4, 2002 Page 7 • Alternative locations. Your proposed decision criteria includes the statement, "Alternative locations were considered and determined to be not feasible for this use." The siting criteria in RCW 71.09.285 and 71.09.290 require a balancing of criteria, giving "great weight" to sites that are the farthest removed from any risk potential activity. To require that the proposed site be the only feasible location sets a different and more restrictive siting standard than the one in state statute. • Undue Impacts. "No undue impact is implied for any one racial, cultural or socio-economic group." The equitable distribution requirements of RCW 71.09.250(8) and 71.09.250(9) do not address racial, cultural, or socioeconomic groups. While we appreciate and share the city's concern with social equity and justice, we are concerned that this requirement could be applied in a preclusive manner. Since the department will be limited to the zoning districts identified by the City, we suggest that the City analyze whether there would be an undue impact on such groups if a facility were located in the proposed zoning districts. • Equitable Distribution. Your proposed decision criteria includes the statement, "There is no resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction or region." If the "similar facilities" are those referenced in RCW 71.09.250(8), we suggest that you list the facilities referenced in the statute that must be considered in determining equitable distribution. We also suggest that the City analyze whether there would be a concentration of these similar facilities in any particular neighborhood or community within the City of Renton if a facility were located in the proposed zoning districts. • Detailed Security Plan Your proposed decision criteria includes the statement, "A detailed security plan is provided for the facility and its residents." For SCTFs, the security plan must be submitted as part of the application. For security reasons, we would not want to make the security plan a part of the public record. We appreciate that the City needs enough information about a proposed facility to be able to evaluate the application, however, and we would be happy to provide a general description of how the proposed facility meets the requirements of state law. We would also be happy to meet with local law enforcement officials to review our security plans. • Adequate Operating Rules. Your proposed decision criteria includes the statement, "Adequate operating rules are proposed for the facility." We understand the City's concern with ensuring the safe operation of the proposed SCTF. The word "proposed" causes concern, however, since many aspects of the facility's operation are integral to the nature of this type of Renton City Council September 4, 2002 Page 8 facility, are established by the legislature or the courts, and are not subject to changes by either a local jurisdiction or a state agency. The department would view the rejection of an "operating rules proposal" as preclusion if rejection were based on the nature of the facility, rather than the suitability of the proposed site. To a large extent, the operations of an SCTF are circumscribed by RCW 71.09.295 through RCW 71.09.350. The facility will be staffed 24 hours a day, 7 days a week. If residents are employed or attending classes, they will be going off-site, with appropriate supervision and monitoring, as their schedules require. The court orders for specific residents will determine their activities and the procedures that govern them, and cannot be known at the time of permitting or construction. ESSB 6594 (Chapter 68, Laws of 2002), Section 16, requires the state, at the request of a jurisdiction where the facility is sited, to enter into a long-term contract regarding operating procedures of the facility. We believe that such a contract, rather than the zoning code, is the best place to memorialize the respective roles and responsibilities of the state and the local government. The contract can be amended by mutual agreement to address issues as they arise. Security measures for the program can be better handled on an on-going basis through the contract between the City and DSHS, through the operational advisory board for the SCTF that would be established under RCW 71.09.320, and through informal working partnerships between DSHS and local law enforcement. We believe that an essential component of operating a safe facility is a strong partnership between DSHS and the local law enforcement agency and the local community. To have an effective partnership, we must be able to address issues on an ongoing basis, not just at the time of siting the facility. Section XII. Definitions. This section would amend Section 9-11-190 of Chapter 11, "Definitions," of Title IV (Development Regulations) of Ordinance No. 4260. • On-Site Facilities. The proposed definition of secure community transition facility includes the statement, "Each SCTF shall provide on-site dining, on- site laundry or laundry service, and on-site recreation facilities to serve the residents." This statement is not part of the definition of"secure community transition facility" that is found in RCW 71.09.020 (10). We are unclear about what the City is attempting to address. SCTFs are residential facilities and these services and facilities would be included in SCTF building designs. All of these services and facilities are a part of the community transition program and are needed to help the Renton City Council September 4, 2002 Page 9 residents learn essential living skills such as cooking, personal grooming and laundry, etc. We view this as a program issue, not a land use issue. However, if this regulation is intended for the purpose of imposing additional security measures on the community transition program, we would be concerned and consider the requirement to be more restrictive than the security measures provided in RCW 71.09.295 through 71.09.315. Again, we appreciate the efforts the City of Renton is making to provide for the siting of essential public facilities, including secure community transition facilities. Thank you for the opportunity to comment on the proposed designation and siting process for essential public facilities and your proposed regulations for secure community transition facilities. If you have any questions concerning our comments, please do not hesitate to contact me at (360) 902-8257, or Elaine Taylor, Land Use Administrator for Secure Community Transition Facilities, at (360) 902-8184. Sincerely, Beverly K. i on Associate Superintendent for Community Programs Special Commitment Center Enclosures c: Renton Planning Commission Rebecca Lind, City of Renton Holly Gadbaw, DCTED NNW" "wir ' x�N a oy 'L 1889 - STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES Olympia, WA 98504-5000 June 20, 2002 Dear Elected Officials: Many of you and your staff have asked the Department of Social and Health Services (DSHS) for guidance regarding the "preemption" provisions of ESSB 6594 (Chapter 68, Laws of 2002). In particular, you have asked how and when DSHS will determine whether any of the six counties (Clark, King, Kitsap, Snohomish, Spokane, and Thurston) or any of the cities in those counties are preempted for failure to meet the statutory planning requirements to provide for the siting of secure community transition facilities (SCTF). After October 1, 2002, ESSB 6594 Section 9(1) preempts and supersedes local plans, development regulations, permitting and inspection requirements and all other laws as necessary to enable the department to site, construct, renovate, occupy, and operate secure community transition facilities within the borders of any of the six counties listed above or any of the cities in those counties that have failed to comply with legislatively mandated planning. A copy of Section 9 and other relevant sections of ESSB 6594 are enclosed. To avoid preemption, your jurisdiction must fulfill the planning requirements in RCW 36.70A.200 and chapter 71.09 RCW. At a minimum this means: 1. Do not preclude. Your jurisdiction's process and regulations must not preclude the siting of a SCTF. "Preclude" is defined as "render impossible or impracticable." Impracticable means "not practicable, i.e., incapable of being performed or accomplished by the means employed or at command."' For example, the Central Puget Sound Growth Management Hearings Board determined that a City of Tacoma ordinance that limited the location of new work release facilities to the City's Heavy Industrial District (M-3) where the availability of non-developed, non-contaminated sites is problematic, effectively precluded the siting of new work release facilities in the City.2 2. Adopt regulations consistent with state law. Your jurisdiction's land use regulations must be consistent with, and no more restrictive than, the requirements for siting and operating a SCTF set forth in chapter 71.09 RCW. 3. Establish an equitable distribution policy. Your jurisdiction must have considered the "equitable distribution" requirements of RCW 71.09.250(8). A written policy or statement that describes how your jurisdiction weighs this requirement against other public safety siting requirements of chapter 71.09 RCW is evidence of your consideration. Port of Seattle v. City of Des Moines, CPSGMHB Case No. 97-3-0014,Final Decision and Order(August 13, 1997), at 8. 2 Department of Corrections v. City of Tacoma, CPSGMHB Case No. 00-3-0007,Final Decision and Order (November 20,2000),at 7. 4 %so `w Elected Officials -- Letter on Preemption June 20, 2002 Page 2 4. Identify appropriate zones or areas. Your jurisdiction must have identified zones or areas that are appropriate for siting SCTFs and that include potential site(s) that meet and are consistent with state law requirements. The jurisdiction has the option of identifying specific sites or parcels that meet the criteria in state law. A specific or potential site means either buildable land or a suitable existing facility that is available for lease or purchase at a reasonable or fair market rate. The jurisdiction must have completed sufficient review to determine whether or not areas or zones designated as appropriate for siting a SCTF will actually yield potential sites that meet the criteria in chapter 71.09 RCW. At a minimum, this means analyzing risk potential locations and equitable distribution factors. To assist you in this analysis, DSHS has developed a Geographic Information System (GIS) that maps the locations of risk potential facilities and activities and provides information on equitable distribution factors. DSHS has provided this GIS data to your planning staff and will provide updated data as it becomes available. 5. Establish a process for timely siting. Your local jurisdiction must have designed siting and permitting processes that will result in a permitted SCTF site in a timely manner. This means that the siting process will enable the department to complete construction or renovation of a facility so that it is available for occupancy when needed. A reasonable amount of time to complete the local land use permitting process, including any pre- application requirements, is 180 days from the inception of any local requirements. It is the department's expectation that a jurisdiction's other permitting processes and regulations (e.g., building permits) for SCTFs will be no more stringent than the requirements for group care facilities. Determination of Preemption A county or city that has not complied with the requirements of RCW 36.70A.200 by September 1, 2002, is considered to be preempted, effective October 1, 2002. Not complying means either 1) the city or county has not adopted a process in its comprehensive plan and development regulations to provide for siting SCTF; or 2) the city or county has adopted a plan or development regulations that are in clear conflict with the requirements of RCW 36.70A.200, or RCW 71.09.285 through 71.09.340. The department expects to follow the local jurisdiction's adopted process and regulations for siting SCTFs unless the process and regulations do not comply with the law. Given the complexity and unique qualities of local processes and regulations, however, it may not be possible to determine at the outset of the department's siting process if the designated zones or areas will yield appropriate potential sites that meet statutory criteria or if the local process and regulations will result in timely siting. When siting a facility in a jurisdiction that has adopted a process and regulations, the department will endeavor to follow local requirements. If the department encounters siting barriers during the process, the department will consult with the local jurisdiction, evaluate whether preemption is necessary, identify alternative options, and notify the local jurisdiction of its decision. Elected Officials -- Letter on Preemption June 20, 2002 Page 3 It is our intent to work closely with and consult with counties and cities throughout the siting of secure community transition facilities regardless of preemption. If a facility is sited in a preempted jurisdiction, we will continue to consult with the local government. When you send your proposed plans and regulations to the Department of Community, Trade, and Economic Development (CTED), as specified in RCW 36.70A.106, please send us a copy. We are coordinating with CTED to act as the lead agency in reviewing proposals relating to SCTFs. We would appreciate receiving your proposals as early as possible in your planning process—that will give us an opportunity to assist your staff and to review and comment on your proposals. We would also appreciate receiving your adopted plans and regulations and any supporting documents as soon as possible upon their completion. Please send copies of your documents to Elizabeth McNagny, Housing Policy/Land Use Administrator, DSHS Lands and Buildings Division, P.O. Box 45848, Olympia, Washington, 98504-5848. Elizabeth's email address is MCNAGECadshs.wa.gov. If you or your staff have questions about the Special Commitment Center program or secure community transition facilities, please call Beverly Wilson, SCC Associate Superintendent for Community Programs, at (360) 902-8257. Your planning staff may also call Elaine Taylor, SCTF Land Use Administrator, at (360) 902-8184 for consultation and assistance in planning. Sincerely, D NIS BRADDOCK Secretary Enclosures c: Planning Directors Tim Brown Mark Seling John Reynolds Beverly Wilson Elaine Taylor Elizabeth McNagny Scott Lockwood Dick Van Wagenen Leonard Bauer Association for Washington Cities Washington State Association of Counties .1 ++ Naity 3criots 204 `l OF EZS 05°14 Sec. 2. RCW 36 .70A.200 and 2001 2nd sp.s . c 12 s 205 are each amended to read as follows : (1) The comprehensive plan of each county and city that is planning under RCW 36.70A. 040 shall include a process for identifying and siting essential public facilities . Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47 .06 .140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW • 71.09 .020 . (2) Each county and city planning under RGW70A.1o0) ) 40 shall,Septembernot later than ( (the deadline specified in RCW 3 or amend establish a process, its existing process, for . identifying and siting essential public facilities ( ( ,,—) ) and adopt or amend its development regulations as necessary' to provide for the siting of secure community transition facilities consistent with ,t statutory requirements applicable to these facilities. (3) Any city or county not planning under RCW 36 .70A. 040 shall, not later than ( (the deadline specified in RCW 30 .70A.130) ) September 1. 2002 , establish a process for siting secure community transition facilities and adopt or amend its development regulations as necessary to provide for the siting of such facilities consistent with statutory requirements applicable to these facilities. (4) The office of financial management shall maintain a list oo those essential state public facilities that are required or l likely kelyeto be built within the next six years. The office of financ nt may at any time add facilities to the list. (5) No local comprehensive plan or development regulation may preclude the siting of essential public facilities . eercnn may brin_cL cause of action for c'vi a s tv to v r gn the good faith ��-hors of anv c=t o --- 4 0= '' v tra . t' n ' c c w w' ; e e ,_ aw n 1u e t ; r S C 4 n r - } stew not limited to, any individual, agency as defined in RCW 42 . 17 . 020 , corporation, partnership, association, and limited liability entity. (7) Counties or cities siting facilities pursuant to subsection (2) or (3 ) of this section shall comply with section 7 of this act . (8) The failure of a county or city to act by the deadlines established in subsections (2) and (3) of this section is not: (a) A condition that would disqualify the county or city for grants, loans, or pledges under RCW 43 . 155 . 070 or 70 . 146 . 070 : (b) A consideration for grants or loans provided under RCW 43 .17 .250 (2) : or (c) A basis for any petition under RCW 36 . 70A.280 or for any private cause of action. NEW SECTION. Sec. 7 . A new section is added to chapter 71.09 RCW to read as follows : The minimum requirements set out in RCW 71. 09 .285 through 71. 09.340 are minimum requirements to be applied by the department . Nothing in this section is intended to prevent a city or county from adopting development regulations, as defined in RCW 36 .70A.030, unless the proposed regulation imposes requirements more restrictive than those specifically addressed in RCW 71. 09.285 through 71.09 . 340. Regulations that impose requirements more restrictive than those specifically addressed in these sections are void. Nothing in these sections prevents the department from adding requirements to enhance public safety. NEW SECTION. Sec. 9 . A new section is added to chapter 71 .09 RCW to read as follows : (1) After October 1, 2002, notwithstanding RCW 36 .70A. 103 or any other law, this section preempts and supersedes local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary to enable the department to site, construct, renovate, occupy, and operate secure community transition facilities within the borders of the following: (a) Any county that had five or more persons civilly committed from. that county, or det: vned at the special commint center under a pending civil commitment petition from that county where a finding of probable cause has been made, on April 1, 2001, if the department determines that the county has not met the requirements of RCW 36 .70A.200 with respect to secure community transition facilities . This subsection does not apply to the county in which the secure community transition facility authorized under RCW 71. 09 .250 (1) is located; and (b) Any city located within a county listed in (a) of this subsection that the department determines has not met the requirements of RCW 36 .70A.200 with respect to secure community transition facilities . (2) The department' s determination under subsection (1) (a) or (b) of this section is final and is not subject to appeal under chapter 34 . 05 or 36.70A RCW. (3) When siting a facility in a county or city that has been preempted under this section, the department shall consider the policy guidelines established under RCW 71 .09.275 and 71. 09 .290 and shall hold the hearings required in RCW 71. 09 .315 . (4) Nothing in this section prohibits the department from: (a) Siting a secure community transition facility in a city or county that has complied with the requirements of RCW 36.70A.200 with respect to secure community transition facilities, including a city that is located within a county that has been preempted. If *the department sites a secure community transition facility in such a city or county, the department shall use the process established by the city or county for siting such facilities; or (b) Consulting with a city or county that has been preempted under this section regarding the siting of a secure community transition facility. (5) (a) A preempted city or county may propose public safety measures specific to any finalist site to the department. The measures must be consistent with the location of the facility at that finalist site . The proposal must be made in writing by the date of : (i) The second hearing under RCW 71. 09 .315 (2) (a) when there are three finalist sites; or (ii) The first hearing under RCW 71.09 .315 (2) (b) when there is only one site under consideration. (b) The department shall respond to the city or county in writing within fifteen business days of receiving the proposed measures. The response shall address all proposed measures . (c) If the city or county finds that the department' s response is inadequate, the city or county may notify the department in writing within fifteen bu: .ess days of the specific. tems which it finds inadequate . If the city or county does not notify the department of a finding that the response is inadequate within fifteen business days, the department' s response shall be final. (d) If the city or county notifies the department that it finds the response inadequate and the department does not revise its response to the satisfaction of the city or county within seven business days, the city or county may petition the governor to designate a person with law enforcement expertise to review the response under RCW 34 .05 .479 . (e) The governor' s designee shall hear a petition filed under this subsection and shall make a determination within thirty days of hearing the petition. The governor' s designee shall consider the department' s response, and the effectiveness and cost of the proposed measures, in relation to the purposes of this chapter. The determination by the governor' s designee shall be final and may not be the basis for any cause of action in civil court. (f) The city or county shall bear the cost of the petition to the governor' s designee. If the city or county prevails on all issues, the department shall reimburse the city or county costs incurred, as provided under chapter 34. 05 RCW. (g) Neither the department' s consideration and response to public safety conditions proposed by a city or county nor the decision of the governor' s designee shall affect the preemption under this section or the department' s authority to site, construct, renovate, occupy, and operate the secure community transition facility at that finalist site or at any finalist site. (6) Until June 30, 2009, the secretary shall site, construct, occupy, and operate a secure community transition facility sited under this section in an environmentally responsible manner that is consistent with the substantive objectives of chapter 43 .21C RCW, and shall consult with the department of ecology as appropriate in carrying out the planning, construction, and operations of the facility. The secretary shall make a threshold determination of whether a secure community transition facility sited under this section would have a probable significant, adverse environmental impact. If the secretary determines that the secure community transition facility has such an impact, the secretary shall prepare an environmental impact statement that meets the requirements of RCW 43 .21C. 030 and 43 .21C. 031 and the rules promulgated by the department of ecology relating to such statements . Nothing in this subsection shall be the basis for any civil cause of action or administrative appeal. (7) This section does not apply to the secure community transition facility established pursuant to RCW` 71 . 09 .250 (1) . „„,V111.1; u:: 9y 1889� STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES July 19, 2002 Dear Elected Officials: In planning for the siting of secure community transition facilities (SCTF), many city and county staff have asked for guidance on the issue of local emergency services response time and its relative importance in evaluating appropriate zones or areas for SCTF sites. As you may know, ESSB 6594 (Chapter 68, Laws of 2002) amended the response time requirements. There is no longer a requirement for SCTFs to be sited in areas that can "endeavor to achieve an average five-minute law enforcement emergency response time.” Instead, the law now requires the siting to balance the local response time against the proximity of the proposed SCTF site to risk potential activities or locations in existence at the time the site is listed for consideration. In considering the amended requirement, the Department of Social and Health Services (DSHS) has consulted with local planning staff, law enforcement representatives, and state executive and legislative staff. It is the department's position that the operative word in this consideration is "balance." DSHS does not assume that all rural areas are inappropriate for siting SCTFs. In fact, the law directs that the department's guidelines "...shall require great weight be given to sites that are the farthest removed from any risk potential activities." However, if this directive were to be considered alone, it could result in SCTFs being sited only in very isolated, remote areas that may not be suitable for a variety of reasons, one of which would be the issue of emergency services response time. In balancing these requirements, consideration also must be given to the ability of the local area to respond to fire and medical emergencies as well as law enforcement emergencies. In determining this balance and in searching for potential SCTF sites, DSHS will consider its responsibility for public safety and its obligations to the SCTF residents and staff and will review several factors. DSHS will use these factors, as described below, to develop an emergency response plan with the local jurisdiction where an SCTF is sited and with neighboring jurisdictions. In your jurisdiction's planning and designation of areas or zones that are appropriate for siting secure community transition facilities, we encourage you to consider these factors as well. If your jurisdiction is considering designating areas or zones that are in rural locations— especially areas in remote rural locations -- we strongly encourage your jurisdiction to do an analysis of the area being considered and to use these factors as an outline to prepare a draft emergency response plan. The purpose of the plan is to help both the local jurisdiction and DSHS determine if the proposed area or zone comports with state law requirements for public safety and would be a fiscally prudent and feasible SCTF location. As a general rule, DSHS will consider sites in remote locations with very long average emergency response times as not appropriate for SCTFs unless a fiscally prudent and feasible emergency response plan can be implemented. Here are the factors to be considered: ®.mig«_x 18 *4111100 Elected Officials— Emergency Response Time to SCTFs July 19, 2002 Page 2 Law Enforcement Emergency • The average emergency response time(s) of public safety personnel in the general area where a potential SCTF site may be located. The general area reviewed may include the district or sub-area within the jurisdiction where the potential site is located. It may also include an area that encompasses more than one local jurisdiction. • The distance between the SCTF site being considered and risk potential locations and the density of risk potential locations. • The types of nearby risk potential locations and the frequency or level of use of the risk potential locations. • The proximity and availability of public safety personnel in other nearby locations to act as a secondary response to assist with potential emergencies. Fire Emergency • The average response time of the local fire department and the location of and access to local fire department stations, including volunteer stations. • The proximity of fire department personnel from other jurisdictions to the potential site and their availability to respond in an emergency. Medical Emergency • The average response time of local emergency medical personnel and the location of and access to local emergency medical services. • The availability of trained volunteer emergency medical personnel in the area, including SCTF staff certified in emergency medical procedures. Thank you for the work you and your staff are doing to provide for the siting of secure community transitions facilities. If you or your staff have any questions about the requirements for siting secure community transition facilities, please call Beverly Wilson, Associate Superintendent for Community Programs, Special Commitment Center, at (360) 902-8257. ,jlSy, DENNIS BRA DOCK Secretary c: Planning Directors Assistant Secretary Timothy R. Brown, Ph. D. Superintendent Mark Seling, Ph. D. Dick Van Wagenen, Governor's Policy Advisor John Reynolds, Director, Lands and Buildings Beverly Wilson `y4 Nome rr STATE OF t-VASHI\<::i-x)NY DEPARTMENT OF SOCIAi_ AND HLAi_a ` .,; ._ PC) Fhn 4 i2] • ()Amp':; 4v` '$t$;O. September 16, 2002 • City Council City of Renton P.O. Box 896 Renton, Washington 98045 RE: Amendments to Renton Ordinance 4260, "Code of General Ordinances of the City of Renton, Washington," regarding the siting of Secure Community Transition Facilities Dear Council Members: Thank you for the opportunity to comment on the proposed amendments to the City of Renton's development regulations. The draft ordinance circulated to state agencies on July 19, 2002 and distributed to the Renton Planning Commission on August 7, 2002 showed SCTFs permitted as a Hearing Examiner Conditional Use process in the commercial arterial (CA), industrial medium (IM) and industrial heavy (IH) zoning districts. The comments that we provided in our letter dated September 4, 2002 were based on that draft, but with the understanding that the commercial arterial (CA) zoning district was being replaced with the light industrial (IL) zoning district. The comments in this letter are on the draft ordinance dated September 12, 2002, which was based on the Renton Planning Commission recommendation as revised by staff and the Renton City Council's Planning and Development Committee. Conditions for Siting SCTFs. Section V of the proposed ordinance would add Note 71 to Title 4, Chapter 2,"Land Use Districts, Section 4-2-080, Conditions Associated with Zoning Use Tables." Note 71 would allow SCTFs only in the Employment Area Valley (EAV) land use designation south of 1-405, subject to a number of conditions. • Maximum Number of Residents. Note 71.a. would limit the number of residents in a secure community transition facility to a maximum of six persons, excluding resident staff. Section 78.35.1.e. of the City's proposed draft SCTF regulations states that no SCTF shall "[h]ouse more than six persons, excluding resident staff. Any increase in the number of resident beds shall require an entirely new application." As required by RCW 71.09.250(6)(a), DSHS has projected a need for a maximum of 15 beds in King County between now and 2007. At this time DSHS has not made a final determination on plans for a facility in King County. Many factors need to go into the facility planning including location, site characteristics, SCC census Renton City Council September16, 2002 Page 2 projections, capital and operational costs, etc. An option proposed by the department to the Governor is to site a 12-bed facility designed as two six-bed buildings on one site, with the construction of the second six-bed building to be completed when needed. If the City is saying that it would allow a 6-bed facility, with the possibility of expansion to 12 beds at some point in the future, that would meet the department's current needs. If the intent were to limit the size of the facility to no more than six beds, with no option for expansion, the department would object. Determining the size of a SCTF is within the scope of the department's decision- making authority granted by the legislature. There is no reference in the law that gives local jurisdictions the authority to limit the size of the facility. The department encourages you to remove the limitation on facility size from the City's proposed ordinance. • Separation from Residential Zones. Note 71.b. would not allow an SCTF to be sited within 330 feet of any residential zone or residential use, located within or outside the City limits. We have no objection to siting a SCTF in an industrial zone, or to limiting siting to the Employment Area Valley (EAV) land use designation south of 1-405, or to further defining the area available by removing a 330-foot wide strip of land wherever an industrial district borders a residential zoning district. Our concern is whether the requirement that no SCTF be allowed within 330 feet of any residential zone would be so limiting that it could actually preclude the siting. RCW 36.70A.200(5) states that no local comprehensive plan or development regulation may preclude the siting of essential public facilities, including SCTFs. We understand that the City has conducted geographic analysis to determine the amount of land available for siting SCTFs after removing areas likely to be affected by risk potential facilities and activities. If it has not already done so, we would encourage the City to calculate the number of parcels that would be available if a 330-foot buffer from residential zoning districts, both within and outside the City, is added to the areas removed due to the proximity of risk potential facilities and activities. The department does not object to this provision, provided that the City is confident that an adequate number of parcels meeting the state siting criteria would remain available. Risk Potential Activity or Facility. For clarity, we suggest revising the first sentence in Note 71.c. slightly to read as follows: Be allowed adjacent to, abutting, across a parking lot from, or within the line of sight of a "risk potential activity" or "risk potential facility" as defined in RCW 71.09.020, now or as hereafter amended, that is in existence at the time a site is listed for consideration. • Separation of One Mile From Any Existing Secure Community Transition Facility or Correctional Facility. It is our understanding that Note 71.d. implements the city's equitable distribution policy. This condition would require a Renton City Council '4-' September16, 2002 Page 3 one-mile separation between an SCTF and any existing SCTF, work release, prerelease, or similar facility. RCW 71.09.250(8) requires cities and counties to consider equitable distribution in coordinating and deciding upon the siting of secure community transition facilities. RCW 71.09.250(9) defines equitable distribution. Our concern here is whether a separation of one mile limits the area available for siting an SCTF to the extent that siting a facility is precluded. If it has not already done so, we suggest that the city conduct additional geographic analysis before making this requirement to be sure it is not preclusive, and to limit the facilities to those operated by the department of corrections or the mental health division of the . department of social and health services. Thank you for the opportunity to comment on the proposed designation and siting process for essential public facilities and your proposed regulations for secure community transition facilities. The department appreciates the response of the City of Renton's Planning Commission, Economic Development, Neighborhoods, and Strategic Planning Department staff, and City Council's Planning and Development Committee to the concerns raised in our letter of September 4, 2002. As stated in Secretary Braddock's letter of June 20, 2002, the department intends to follow a local jurisdiction's adopted process and regulations for siting SCTFs unless the process and regulations do not comply with the law. If the department were siting a facility in Renton, we would attempt to comply with the City's development regulations and policies for siting secure community transition facilities and essential public facilities If you have any questions concerning our comments, please do not hesitate to contact me at (360) 902-8257, or Elaine Taylor, Land Use Administrator for Secure Community Transition Facilities, at (360) 902-8184. Sincerely, • Beverly K. Wilson Associate Superintendent for Community Programs Special Commitment Center c: Renton Planning Commission Rebecca Lind, City of Renton Holly Gadbaw, DCTED The Seattle Times: Sex-offender plan spurs changes in some cities Page 1 of 3 w.r 'N seattletlrnesscom s Pf µ5 . sy76 a ?, tilkt t Sunday,September 15,2002,12:00 a.m.Pacific Permission to reprint or copy this article/photo must be obtained from The Seattle Times. Call 206-464-3113 or e-mail resale a@seattletimes.com with your request. Sex-offender plan spurs changes in some cities By Sara Jean Green Seattle Times Eastside bureau Up to a dozen of the state's most dangerous sex offenders will be moving into a transition home somewhere in King County. When that will happen and where they will go,nobody can say yet.And while it will be tough finding a community willing to welcome predatory rapists and pedophiles,city and county officials don't have much choice. The state's deadline was Sept. 1 for six Washington counties and all their cities to submit zoning changes to allow for a transition home.That doesn't mean every city will get one:The state is looking to build one 12-bed facility in King County,for instance,while Snohomish County will need to house up to seven offenders.The other counties need only house three each. The bulk of King County's cities met the deadline,while others are scrambling to pass ordinances before a 30-day grace period ends Oct. 1.But some King County cities—including Seattle—are refusing to make zoning changes,gambling that the state won't use its pre-emptive authority to build a facility within their boundaries. After the state reviews the local ordinances,officials will look at three potential sites in each county and conduct a series of public hearings before making a decision. The six counties and their cities are feeling the trickle-down effects of a federal court's ruling that stemmed from a 1991 civil-rights complaint.The lawsuit alleged the state was violating the constitutional rights of sex offenders who had served criminal sentences and were then civilly committed to the Special Commitment Center on McNeil Island,the first such facility in the country. A federal judge held the state in contempt for being slow to implement his order to provide adequate mental-health care and the chance for offenders to move to less-restrictive facilities. Because the state hadn't created any transition homes,the court threatened to impose fines and close the Special Commitment Center, which would free the 170 residents there and remove the threat of commitment from the roughly 450 prisoners now destined for the center when they finish their sentences. "Having these guys out running around without any restrictions at all is too spooky to even think about,"said Sen.Jim Hargrove,D- Hoquiam,chairman of the state Senate Human Services and Corrections Committee."These aren't your regular Level 3 sex offenders already out in the communities—these are ones so dangerous we wouldn't let them out." With its next court review scheduled for December,the state is hoping to get the threat of more than$5 million in fines removed by showing it is making progress toward reintegrating violent sex offenders into the community. That's not to say the offenders will be on their own:They'll be subject to 24-hour supervision,electronic monitoring and continuing sex-offender treatment.They'll be escorted on trips into the community and police will be notified of their movements,said Kelly Cunningham,community-programs manager for the state Department of Social and Health Services,which oversees the Special Commitment Center. State law prohibits transition homes from being built near schools,churches,parks and other public places. Different approaches But a tight deadline to change zoning,as well as the specter of the state overriding local laws,has irked some city officials.Many King County cities have created ordinances that allow a transition home in industrial,manufacturing,business or commercial districts. Some cities have tried to restrict the size of a potential facility,while others have established buffers to separate it from other residences. "The timeline makes it difficult for all of us to respond in a thoughtful and deliberate manner,and that's rankled a number of counties httpa/seattletimes.nw.../PrintStory.pI?document_id=l 34535973&zsecti on_i d=268448406&slug=sexpredator 15e&date=2002091 9/16102 The Seattle Times:Sex-offender plan spurs changes in some cities Page 2 of 3 .4110, and cities,"said Bothell's community development director,Bill Wiselogle. But for many cities,"the threat of pre-emption was greater than enacting an ordinance and putting a tight box around where a facility like this can be built,"said Alex Pietsch,Renton's economic-development director. While the situation now"seems a little esoteric and remote to people,"Wiselogle predicted that when the state narrows its choices to three King County sites,"anyone near a proposed location is going to fight it tooth and nail." Cities in South King County,including Auburn,Burien,Renton and Kent,worry that cheaper land values there will make them more attractive for such a facility.Officials there hope the state's"equitable-distribution"clause,which requires cities to accept their fair share of essential public services,will exempt them from having a facility.While Eastside cities,with few state-run services,could be vulnerable,market forces may put them out of the running. "The state mentioned to our city staff that land prices here are high,"said Issaquah Mayor Ava Frisinger."But that's market-driven and not something a jurisdiction can change. "Will equitable distribution make the state look to the Eastside instead of South King County?I don't know." Some cities,including Carnation,Medina,Lake Forest Park and Federal Way,have either taken no action or passed resolutions opting for state pre-emption.They're banking on their shortage of available land to make them ineligible for a transition house. "We're 99 percent residential,"Lake Forest Park City Administrator Doug Jacobson said. Seattle takes no action In Seattle,Mayor Greg Nickels decided not to take action—but the choice was more philosophical than strategic. "This is a state responsibility,and if the state needs to site a facility,the state should do that,"said Seattle Deputy Mayor Tim Ceis. "But then the state needs to defend that decision to a community instead of passing that on to a local jurisdiction to do." Ceis said Seattle neighborhoods,particularly Belltown,Pioneer Square and Capitol Hill,already are saturated with social services. The city also is home to a large number of homeless,including sex offenders,the mentally ill and others from around the state. In the 2001 legislative session,lawmakers set the Sept. 1 deadline for all counties and cities to amend zoning regulations.But in March,they narrowed the requirement to six of seven counties that had at least five residents committed or detained at the Special Commitment Center.Pierce County—already home to McNeil Island Corrections Center,Western State Hospital,the commitment center and its first transition facility—was exempted. Nearly a quarter of the commitment center's 170 offenders came from King County.Under the equitable-distribution clause,the county is required to house its share of offenders,so a 12-bed facility is planned.Snohomish County,with the second-largest number of offenders at the commitment center,is required to house up to seven.Clark,Kitsap,Spokane and Thurston counties each must accept three-bed facilities. Though DSHS has the option to build,for example,four three-bed transition houses in King County,it's more cost-effective to create a single,larger facility,said Cunningham of DSHS.He estimated it would cost the state$385,000 annually for each resident in a three-bed facility versus$266,000 in a facility that can house up to 12 people.The state generally pays$91,000 per resident at the commitment center each year. Many won't leave center Regardless,a significant number of predators—those convicted of violent sex crimes who suffer from mental or personality disorders that make them likely to reoffend—won't ever leave the commitment center.Cunningham estimated roughly 20 percent of the residents have refused treatment;another 20 to 40 percent are unlikely to make enough progress in treatment to gain release. So far,nine offenders have left.Three are living with family in King,Kitsap or Walla Walla counties,three are in a Snohomish County group home and three have been moved to a temporary facility on McNeil Island while a 24-bed transition home is built. But there's another wrinkle to providing mental-health treatment and less-restrictive facilities for sex predators.Two years ago,the Legislature established tougher prison penalties for sex offenders.As a result,people who commit most types of sex crimes now can be kept in prison beyond the minimum terms judges set.And prisoners convicted of violent sex crimes face life in prison. That means fewer predators will be destined for the commitment center and even fewer will become eligible to move into transition homes. http://seattleti mes.nw.../PrintStory.pl?document_id=134535973&zsection_id=268448406&slug=sexpredator l 5 e&date=2002091 9/16/02 ' The Seattle Times: Sex-offender plan spurs changes in some cities Page 3 of 3 "It'll pretty much turn the tap off—or at least slow it down to a drip,"Hargrove said. Sara Jean Green:206-515-5654 or sgreen@seattletimes.com. Copyright©2002 The Seattle Times Company http://seattletimes.nw.../PrintStory.pl?document_id=134535973&zsection_id=268448406&slug=sexpredator 15e&date=2002091 9/16/02 % �° ' CITOF RENTON X`r _. Renton City Council Jesse Tanner,Mayor CITY OF RI=NTON September 9, 2002 SEP 1 0 2002 RECEIVED CITY CLERK'S OFFICE SUBJECT: Regulation of Secure Community Transition Facilities land uses (facilities for Level Ill sex offenders). Dear Legislator; The Renton City Council will hold a public hearing to discuss the above-referenced item on: Monday, September 16,2002 7:30 PM 7th Floor/Council Chambers • City of Renton 1055 South Grady Way Renton,Washington All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Since the Legislature has acted to require cities to provide locations for this type of use or be pre-empted by the state, it may be of particular interest for you to hear citizen comments on the issue. Although we understand that the state is responding to a federal court order, our citizens may not be aware of that legal requirement. If you have questions regarding this meeting,please call 425-430-6510. Since ely, / 15'-akt Kathy Keolker-Wheeler Chair, Planning&Development Committee Renton City Council 1055 South Grady Way-Renton,Washington 98055-(425)430-6501 RENTON en AHEAD OF THE CURVE t This paper contains 50%recycled material,30%post consumer • Name Address 1 Address2 Senator Dino Rossi P.O. Box 40405 Olympia, WA 98504-0405 Representative Glenn P.O. Box 40600 Olympia, WA 98504-0600 Anderson Representative Cheryl Pflug P.O. Box 40600 Olympia, WA 98504-0600 Senator Margarita Prentice P.O. Box 40411 Olympia, WA 98504-0411 Representative Eileen Cody P.O. Box 40600 Olympia, WA 98504-0600 Representative Velma R. P.O. Box 40600 Olympia, WA 98504-0600 Veloria Senator Adam Kline P.O. Box 40437 Olympia, WA 98504-0437 Representative Sharon P.O. Box 40600 Olympia, WA 98504-0600 Tomiko Santos Representative Kip Tokuda P.O. Box 40600 Olympia, WA 98504-0600 Senator Jim Horn P.O. Box 40441 Olympia, WA 98504-0441 Representative Fred Jarrett P.O. Box 40600 Olympia, WA 98504-0600 Representative Ida Ballasiotes P.O. Box 40600 Olympia, WA 98504-0600 Senator Stephen L. Johnson P.O. Box 40447 Olympia, WA 98504-0447 Representative Geoff Simpson P.O. Box 40600 Olympia, WA 98504-0600 Representative Jack Cairnes P.O. Box 40600 Olympia, WA 98504-0600 Senator Karen Keiser P.O. Box 40433 Olympia, WA 98504-0433 Representative Shay Schual- P.O. Box 40600 Olympia, WA 98504-0600 Berke Representative Dave P.O. Box 40600 Olympia, WA 98504-0600 Upthegrove September 9,2002 Renton City Council Minutes Page 345 3. Item#1282 "South Renton Neighborhood Sub-Area Plan" was adopted by the City Council,so it is removed from the active project list. 4. Item#1486 "Growth Management Act—King County 2002 Comprehensive Plan Amendments" was completed with a letter to King County Office of Policy Planning outlining City concerns with a number of the proposed amendments. 5. Item#1632 "Animal Keeping Standards" is referred to the annual Title IV docket. 6. Item#1644 "Title IV Development Regulation Revision Process" was completed with the adoption of Ordinance 4975 and is removed from the referral list. MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning: Secure Community MOVED BY KEOLKER-WHEELER, SECONDED BY PARKER, COUNCIL T\-\ Transition Facilities (for Level SET A PUBLIC HEARING ON SEPTEMBER 16,2002, TO CONSIDER III Sex Offenders) SECURE COMMUNITY TRANSITION FACILITIES. CARRIED. Court Case: Sound Transit, Councilman Parker congratulated City staff for their efforts in reaching a CRT-02-008 settlement with Sound Transit regarding its request for an easement from the City of Renton. (See page 341, Administrative Report, for additional information regarding this matter.) Finance Committee Finance Committee Chair Parker presented a report recommending approval of Finance: Vouchers Claim Vouchers 207001 -207499 and three wire transfers totaling $2,295,216.20; and approval of Payroll Vouchers 39777 -40104, one wire transfer and 567 direct deposits totaling$1,793,369.72. MOVED BY PARKER, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Parker presented a report recommending approval of Claim Vouchers 207500-207839 and one wire transfer totaling$2,938,347.32; and approval of Payroll Vouchers 40105 -40394, one wire transfer and 565 direct deposits totaling$1,742,688.35. MOVED BY PARKER, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation(Aviation) Transportation(Aviation)Committee Vice Chair Corman presented a report Committee regarding the bid results for the Traffic Management Center project. The CAG: 02-118,Traffic Committee was briefed on the Traffic Management Center bid on September 5, Management Center 2002. After careful consideration,the Committee concurred in the recommendation of staff to take no action on the results of the original bidding of the project. Per the recommendation of the City Attorney,the project is being re-bid and the results of the second bidding will be placed on the Council Consent Agenda. MOVED BY CORMAN, SECONDED BY KEOLKER- WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS August 19,2002 Renton City Council Minutes '""' Page 333 The Committee further recommended that Council authorize the funding for the renewal of the agreement from the Water Utility's 2002 budget for 401-fund balance (account number 401.000000.018.5340.0020.41.000116). MOVED BY BRIERE, SECONDED BY KEOLKER-WHEELER,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utility: Harbour Homes, Utilities Committee Chair Briere presented a report regarding the sanitary Reimbursement for Oversizing sewer oversizing request by Harbour Homes for Parkside Court Plat(PP-01- the Sewer Line at Parkside 012). The Committee recommended concurrence in the recommendation of the Court Planning/Building/Public Works Department that Council approve Harbour Homes'request for oversizing in the amount of$7,296.76, and authorize staff to prepare payment to Harbour Homes in that amount. MOVED BY BRIERE, SECONDED BY KEOLKER-WHEELER,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning: Secure Community Councilmember Keolker-Wheeler stated that the Planning Commission will Transition Facilities(for Level discuss the subject of Secure Community Transition Facilities,facilities for III Sex Offenders) Level III sex offenders,on August 21st. She noted that a public hearing will be held on the subject within the next two months; and in the meantime,City staff is gathering information pertaining to this State legislation which requires cities to provide for siting of these facilities. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution#3585 A resolution was read supporting Washington State's Referendum 51, which is Council: Referendum 51 for the funding of statewide transportation projects. MOVED BY NELSON, (Statewide Ten-Year SECONDED BY CORMAN,COUNCIL ADOPT THE RESOLUTION AS Transportation Funding Plan) READ. CARRIED UNANIMOUSLY. NEW BUSINESS MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CANCEL Council: Meeting THE REGULARLY-SCHEDULED COMMITTEE OF THE WHOLE AND Cancellations(8/26/2002, COUNCIL MEETINGS SCHEDULED FOR AUGUST 26,2002. CARRIED. COW and Regular Meeting) Transportation: S 2nd St Councilman Persson reported that due to construction, signs are laid face down Sidewalk Sign Hazard on the S. 2nd St. sidewalk,from Williams Ave. S. past Renton High School, causing a hazard to pedestrians. Transportation: Pipeline Road Councilman Persson recommended that an ecology block be installed to prevent Pedestrian Walkway, motorcyclists from using the pedestrian walkway as a shortcut on the City of Motorcyclist Prevention Seattle water pipeline road. Legal: Bonding for Small MOVED BY PARKER,SECONDED BY CORMAN, COUNCIL REFER THE Contracts ISSUE OF BONDING FOR SMALL CONTRACTS TO THE FINANCE COMMITTEE. CARRIED. EXECUTIVE SESSION MOVED BY CORMAN, SECONDED BY PERSSON,COUNCIL RECESS INTO EXECUTIVE SESSION FOR 26 MINUTES TO DISCUSS PENDING LITIGATION. CARRIED. Time: 9:41 p.m. The meeting was reconvened at 10:07 p.m.;roll was called;all Councilmembers present. ADJOURNMENT MOVED BY PARKER,SECONDED BY NELSON,COUNCIL ADJOURN. CARRIED. Time: 10:08 p.m. low *'august 12,2002 Renton City Council Minutes r•t� Page 320 that the problems created by seaplanes have increased this year. He suggested that the increase may stem from 1)the new airport manager not being aware of past problems, and 2)reconstruction of the seaplane dock. Mr.Evans described two occasions when seaplanes started their takeoff within 100 yards of the dock,and asked for the City's help in reducing the problems associated with seaplanes. Mayor Tanner recommended reconvening the committee and discussing the issue with the seaplane operators. He stated that the City of Renton has no authority over the matter,explaining that the Coast Guard has authority over navigable water,and the Federal Aviation Administration has jurisdiction in air space. He added that the most Renton can do is to try to improve the situation through volunteer means. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of August 5,2002. Council concur. August 5, 2002 CAG: 01-201,Downtown Community Services Department recommended approval of a change order in Parking Garage, Security the amount of$79,157.74 to CAG-01-201,Downtown Parking Garage System Installation construction contract,for Convergint Technologies to install the security system. Refer to Finance Committee. • Planning: Secure Community Economic Development,Neighborhoods and Strategic Planning Department Transition Facilities (for Level recommended approval of an ordinance regulating Secure Community III Sex Offenders) Transition Facilities land uses, which are facilities for Level III sex offenders. Refer to Planning&Development Committee and Planning Commission. Utility: 2002 Utility Systems Utilities Systems Division requested a briefing on the proposed 2003 Utility Division Proposed CIP Systems Division Capital Improvement Projects(CIP). Refer to Utilities Committee. Utility: Utility Fee Code Utilities Systems Division recommended approval of the proposed amendments Amendments to the Utility Fee Code(Renton Municipal Code 4-1-180)which will arrange the Code in a more logical format,combine similar language from the three utilities,and make the language more readable. Refer to Utilities Committee. MOVED BY NELSON,SECONDED BY CORMAN,COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Finance Committee Vice Chair Persson presented a report recommending Finance Committee approval of Claim Vouchers 206556-207000 and two wire transfers totaling Finance: Vouchers $2,410,742.04;and approval of Payroll Vouchers 39455 -39776,one wire transfer and 568 direct deposits totaling$1,848,326.99. MOVED BY PERSSON,SECONDED BY CLAWSON,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. NEW BUSINESS Council President Nelson pointed out the presence of excessive weed growth Transportation: Weed Growth on many street medians and asked that City staff investigate the matter. on Street Medians Councilwoman Briere noted weed growth on the median located at the corner of S. 2nd St. and Main Ave. S. Finance: Home Kidney Responding to Council President Nelson's inquiry regarding reduced water Dialysis, Reduced Water Rates rates for home kidney dialysis patients,Planning/Building/Public Works Administrator Gregg Zimmerman reported that the City does not have reduced water rates for home dialysis patients but does provide reduced rates for low- lerre CITY OF RENTON COUNCIL AGENDA BILL Ala: C Submitting Data: For Agenda of: August 12,2002 Dept/Div/Board Economic Development Neighborhoods and Strategic Planning Staff Contact Rebecca Lind Agenda Status Consent X Subject: Public Hearing.. Secure Community Transition Facilities Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper ESSB 6594 Study Sessions 3ESSB 6151 Information Proposed Ordinance Three Maps Recommended Action: Approvals: Refer to the Planning Commission and Planning and Legal Dept x Development Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget NA City Share Total Project.. SUMMARY OF ACTION: By September 2001, Washington State counties and cities must decide whether to amend their comprehensive plans and development regulations to provide for siting "Secure Community Transition Facilities"(SCTS), in accordance with ESSB 6594 enacted March 2002. These are facilities for Level III sex offenders. The Washington State Department of Social and Health Services (DSHS) has the authority to "preempt" jurisdictions that fail to complete the required planning by October 1, 2002, and pursue their own siting process. The City will need to determine whether to add the new use to the zoning regulations and enact development standards to guide siting and development of this use,or allow DSHS to pre-empt local land use and take responsibility for siting these facilities. Due to the time frame allowed for consideration of a draft ordinance, it is recommended that the issue be exempted from the annual Title IV docket review process and forwarded to the Planning Commission and Planning and Development Committee for review and recommendation'. STAFF RECOMMENDATION: Council concur in referring the issue of SCTF land use to the Planning Commission and Planning and Development Committee for review and recommendation as an exception to the annual docket process. \\DAEDALUS\SYS2\SHARED\EDNSP\Title IV\Multiple Zone Amends\SCTF\AGENDA BILL.doc/ CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM DATE: August 5, 2002 TO: Toni Nelson, President City Council Members FROM: Sue Carlson, Administrator Economic Development,Neighborhoods, ' Ps-v and Strategic Planning Department STAFF CONTACT: Rebecca Lind (ext. 6588) VIA: -11' Mayor Jesse Tanner SUBJECT: Secure Community Transition Facilities ISSUE: By September 2001, Washington State counties and cities must decide whether to amend their comprehensive plans and development regulations to provide for siting "Secure Community Transition Facilities"(SCTS), in accordance with ESSB 6594 enacted March 2002. These are facilities for Level III sex offenders. The Washington State Department of Social and Health Services (DSHS)has the authority to "preempt"jurisdictions that fail to complete the required planning by October 1, 2002, and pursue their own siting process. • Should the City of Renton add the new use to the zoning regulations and enact development standards to guide siting and development of this use? Or • Should the City allow DSHS to pre-empt local land use and take responsibility for siting these facilities? • Due to the time frame allowed for consideration of a draft ordinance, should the issue be exempted from the annual Title IV docket review process and forwarded to the Planning Commission and Planning and Development Committee for review and recommendation'? RECOMMENDATION: • Consider Option 3, as outlined later in this document, after review and comment from DSHS. If this approach complies with the State statute, the proposed ordinance provides the most comprehensive approach to regulating SCTF land uses. This approach both limits this use to a section of the City (the Valley, south of I-405) that has the least impact on residential areas and provides a reasonable amount of potential acreage for siting opportunities. August 5, 2002 Page 2 was.r T ' • Option 2 (text definitions) as outlined later in this document, be considered as a minimal response, if the State DSHS comments that Option 3 is overly regulatory. • Due to the short time until the October 1sr deadline, it is recommended that the City Council make a finding to consider this code amendment as a exemption to the Title IV docket amendment process set forth in Title IV 4-9-025c, and refer the issue to the Planning Commission and the Planning and Development Committee for review. BACKGROUND SUMMARY: This background summary is excerpted from the City of Kent Staff report to the Kent Land Use and Planning Board July 22, 2002 by Charlene Anderson, Planning Manager. "Senate Bill ESSB 6594 enacted March 2002 (amending ESSB 6151 which was enacted June 2001) requires cities to provide for siting of secure community transition facilities (SCTF) by September I, 2002. Changes to state law occurred as a result of a 1991 civil rights complaint and 1994 federal court order requiring the McNeil Island total confinement facility to provide residents with "constitutionally adequate mental health treatment. " This means that residents who are ready for conditional release must have an opportunity for less restrictive alternative placement. SCTFs provide sexual offenders with living arrangements that are less restrictive than total confinement. An SCTF has "...supervision and security, and either provides or ensures the provision of sex offender treatment services"(RCW 71.09.020). The 2002 Legislature provided an appropriation to the Department of Social and Health Services (DSHS)for the implementation of ESSB 6594 and also allowed the state to `preempt and supersede local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary... "for failure to comply. However,failure to act by the September 1, 2002 deadline is not a condition for fiscal sanctions, appeals to the Growth Management Hearings Board, or a private cause of action. Reference attached ESSB 6594 amended the Growth Management Act to include SCTFs in the list of facilities that typically are difficult to site and that are deemed "essential public facilities" (RCW 36.70A.200 "GMA'). As directed by GMA, cities must have a process for identifying and siting these facilities." State law requires SCTFs to provide a high degree of security and staff supervision. Security measures include court conditions,proximity to risk locations, intensive staffing, closer supervision and escorts, household security systems, intensive training for qualified staff, informed staff and escorts, requiring advance planning for community trips, and individual electronic monitoring devices. The law also requires the City to consider the effect of "equitable distribution factors" on the siting of a facility. Consideration will be given to the City's number and location of existing residential facilities operated by the Department of Corrections or the Mental Health Division of DSHS, the number of registered sex offenders classified as level II or level III, and the number of sex offenders registered as homeless in the City. "Equitable distribution" means avoiding a disproportionate grouping of similar facilities in any one jurisdiction. The new SCTF law provides that such facilities may not be sited within the line of sight of any risk potential activities or facilities, i.e., those activities and facilities where the public has a higher incidence of risk from persons who are conditionally released from the special commitment center. The risk potential activities and facilities include schools, licensed day care and preschool facilities,public parks,publicly dedicated trails,playgrounds, sports fields, recreational and community centers, school bus stops, religious facilities, and public libraries. IssuePaper August 5, 2002 Page 3 ... %w ANALYSIS Renton's Comprehensive Plan addresses essential public facilities and allows for adoption of development standards establishing both review criteria and mapping for SCTF as defined by ESSB 6594. As a result further comprehensive plan amendments are not needed at this time. Land Use Policy LU-233: "Guide and modify development of essential public facilities to meet Comprehensive Plan policies and to mitigate impacts and costs to the City. " Land Use Policy LU-234: "Use public processes and create criteria to identify public facilities. Public processes should include notification, hearings and citizen involvement. Criteria should be developed to review and assess proposals for public facilities". Renton does allow Group Homes I in the Commercial Arterial (CA) and Center Downtown (CD) Zones with a Conditional Use permit, and Group Homes II with fewer than six residents as a permitted use in all zones. With more than seven residents, Group Homes II requires a Hearing Examiner Conditional Use permit. As presently defined, Group Homes I are rehabilitative facilities that may include halfway houses and/or substance abuse recovery homes. A Group Home II is a protective residency which may include housing for mentally and physically disabled persons, foster child care, shelter, orphanages, and other uses where residents are deemed vulnerable and/or disabled and are not a threat to self or to public safety. It is possible that an interpretation of our current code by DSHS could allow location of SCTF facilities under these existing definitions. According to King County Registered Sex Offender web site data updated July 31, 2002, the City of Renton has 12 Level III and 17 Level II registered sex offenders. The Griffin Home, located on Lake Washington Blvd. is a Group Home II facility that houses juvenile offenders including some sex offenders. It is operated by the Friends of Youth, a private non-profit organization. Since this facility is not operated by DSHS or the Department of Corrections, it is not clear whether Renton will receive any "credit" for this facility when it calculates "equitable distribution factors". DSHS sent the City Geographic Information Systems (GIS) data providing location of the risk potential facilities in Renton and the surrounding area, referenced by the new law. A map of the risk potential facilities is attached. Staff is proposing the following options for consideration: 1) No Change Under this option, SCTF would be potentially classified as Class I Group Homes and allowed in the CA and CD zoning districts by Conditional Use Permit. Concerns about this option include the desirability of this use in these locations, the limited number of available parcels and the possibility of State preemption because of the perceived "more restrictive" criteria from State law. It is also possible DSHS would interpret the SCTF as excluded from the Group Home I definition and determine that Renton has no regulation. In that case,pre-emption would likely occur. 2) Text Amendment Definitions This option proposes an ordinance amendment only to the definitions section of Title IV. A definition of SCTF is proposed as follows: IssuePaper August 5, 2002 Page 4 �..� Secure Community Transition Facility (SCTF): A residential facility for persons civilly committed and conditionally released to a less restrictive alternative under RCW 71.09. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Each SCTF shall provide on-site dining, on-site laundry or laundry service, and on-site recreation facilities to serve the residents. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under RCW 71.09 and operated by or under contract with the Washington State Department of Social and Health Services In addition amendments to the definitions are proposed to exclude this activity from the definition of existing Group Homes I, Group Homes II, Congregate Care facilities, and Convalescent Center. This action would likely result in State pre-emption, however it would be clear that City policy is to treat the SCTF differently from"Group Homes". 3) Text Amendment Adding SCTF to the Use Table and Providing Criteria and Definitions This option proposes an ordinance to allow SCTF land uses in the CA, IM and IH zones within the Employment Area Valley portion of the City south of 1-405. The use would require a Hearing Examiner Conditional Use process and be subject to the following conditions: a. House no more than 3 persons, excluding resident staff. b. Not be allowed within 330 feet of any residential zone or residential use, located within or outside the City limits. c. Not be allowed adjacent to, abutting, across a parking lot from, or within the line of sight from a "risk potential activity" as defined in RCW 71.09.020, including but not limited to: • Community centers • Licensed day care operations • Licensed preschool facilities • Public libraries • Public park and recreation facilities • Religious facilities • Schools • School bus stops • Sports fields, and • Trails d. Not be located within one mile from any existing SCTF, work release, prerelease, or similar facility, e. Require seven additional Conditional Use permit review criteria (beyond typical process findings) addressing: • consideration of alternative locations • no impact on any one racial, cultural or socio-economic group • no concentration of facilities • adequate buffering • detailed security plan • operating rules • public process In reviewing these decision criteria, staff evaluated the state statute and believes the requirements are consistent with its intent. IssuePaper August 5, 2002 Page 5 �✓ Staff has completed a preliminary GIS analysis of this proposed use as it might occur in the Valley under Option 3. Although Renton's draft ordinance states that these uses must be 330 feet from residential uses, this provision is anticipated to have little impact on the actual siting of the facilities as there are no residential uses in this area within Renton. The only existing residential use in the area that would trigger this requirement is located in Tukwila. A future residential Transit Oriented Development project is currently under consideration in Tukwila,however the entire area adjacent to that proposal is in the Commercial Office (CO) zone and would not be eligible for SCTF siting. Staff evaluated a buffer area of both 330 feet and 1000 feet as a proxy for the site distance criteria in the state regulations did. We realize that the actual site distance would be calculated at the time a specific site was selected and might be either greater or less than the 330 feet. However, with a distance of 1000 feet, 130 acres would be available. With a distance of 330 feet, 396 acres would be available. The breakdown by zone, after wetlands are excluded from the calculations, is shown on the table below. 330 ft. Buffer Zone Area (acres) Wetlands Total Developable CA 32.90 0.95 31.95 IL 149.12 19.75 129.37 IM 174.19 19.55 154.64 IH 91.08 10.19 80.89 1000 ft. Buffer Zone Area (acres) Wetlands Total Developable CA 8.19 0.54 7.65 IL 59.52 16.27 43.25 IM 65.54 0.10 65.44 IH 14.15 0.35 13.80 The attached map of the Employment Area Valley south of I-405 illustrates this distance from "risk potential activities"using both the 1000-foot and 330-foot standard. At this time we do not have knowledge of another work release,pre-release or similar facility located within one mile of this area, but believe that if one were established in either Kent or Tukwila, or at another location in Renton, that this standard would provide reasonable spacing between facilities. CONCLUSION: To provide for the overall protection of the public welfare a more specific regulatory approach to siting SCTF land uses is desirable provided that the buffering and review criteria can be upheld. The risk of preemption by the State is not worth the possibility of losing control of project design and inspection responsibilities. cc Jay Covington Alex Pietsch Rebecca Lind Garry Anderson Gregg Zimmerman Neil Watts IssuePaper .... r v .i.✓ 1.i ct t :]_1 JVV oVL VYO/ Lon. LUV, l If [4%1005 6594 AMENDING 3ESSB 6151 1 the preemption granted for future secure community transition 2 facilities be the same throughout the state . 3 Sec. 2 . RCW 36 . 70A.200 and 2001 2nd sp.s . c 12 s 205 are each 4 amended to read as follows : 5 (1) The comprehensive plan of each county and city that is planning 6 under RCW 36 . 70A. 040 shall include a process for identifying and siting 7 essential public facilities . Essential public facilities include those 8 facilities that are typically difficult to site, such as airports, 9 state education facilities and state or regional transportation 10 facilities as defined in RCW 47 . 06 .140, state and local correctional 11 facilities, solid waste handling facilities, and in-patient facilities 12 including substance abuse facilities, mental health facilities, group 13 homes, and secure community transition facilities as defined in RCW 14 71. 09 . 020 . 15 (2) Each county and city planning under RCW 36 .70A.040 shall, not 16 later than ( (the deadline specified in RCW 36. 70A.130) ) September 1, 17 2002, establish a process, or amend its existing process, for 18 identifying and siting essential public facilities ( ( ) ) and adopt or 19 amend its development regulations as necessary to provide for the' 20 siting of secure community transition facilities consistent with 21 statutory requirements applicable to these facilities. 22 (3) Any city or county not planning under RCW 36. 70A.040 shall, not 23 later than ( (the deadline apecifie& ii°i RCW 36 .70A.130) ) September 1. 24 2002 , establish a process for siting secure community transition 25 facilities and adopt or amend its development regulations as necessary 26 to provide for the siting of such facilities consistent with statutory 27 requirements applicable to these facilities . 28 (4) The office of financial management shall maintain a list of 29 those essential state public facilities that are required or likely to 30 be built within the next six years . The office of financial management 31 may at any time add facilities to the list . 32 (S) No local comprehensive plan or development regulation may 33 preclude the siting of essential public facilities . 34 (6) o person may brim a cause of action fcr civil d m..Ps_ d 35 on the good faith actions of any county or city to provide for the 36 siting of aecure community transition facilities in accordance with 37 this section and with tlic requirements of ch.apter 12, Laws of 2001 2nd 38 jp. sess . For purposes of then subsection "person" ix1cl� es nit is ESSB 6594 .PL p. 2 vv lbivc "LV 1J:43 riiA J U VUL 64ar VJHS'1)VV/11k1Y 4006 1 not limited to._ any individu _agency as defined in RCW 4 7 non 2 corporation partnership association, and limited li b, zlity enti v 3 (7) Counties or cities siting facilities pursuant to subs rt 4on f 4 or (3) of this section shall comply with section 7 of his act 5 (8) Th - ai 1 7re of a o m _y or city to act by the d adl ; 6 h i 7 (a) A condition tha _ could disqualify the county or ; y for 8 gr.ante loans, or pleriges under RCW 43 � 55 070 or 7Q 146 070 9 r n v' er RCW 10 43 .17 . 250 (2) ; or 11 (c) A basis for any tition under RCW 36 70A 280 0 or any 12 private cause of action, 13 NEW SECTION. Sec. 3 . A new section is added to chapter 4 .24 RCW 14 to read as follows : 15 (1) Law enforcement shall respond to a call regarding a resident of 16 a secure community transition facility as a high priority call . 17 (2) No law enforcement officer responding reasonably and in good 18 faith to a call regarding a resident of a secure community transition 19 facility shall be held liable nor shall the city or county employing 20 the officer be held liable, in any cause of action for civil damages 21 based on the acts of the resident or the actions of the officer during 22 the response. 23 Sec. 4 . RCW 71. 09 . 020 and 2001 2nd sp.s . c 12 s 102 are each 24 amended to read as follows : 25 Unless the context clearly requires otherwise, the definitions in 26 this section apply throughout this chapter. 27 (1) "Department" means the department of social and health 26 services. 29 (2) "Less restrictive alternative" means court-ordered treatment in 30 a setting less restrictive than total confinement which satisfies the 31 conditions set forth in RCW 71 . 09. 092 . 32 (3) "Likely to engage in predatory acts of sexual violence if not 33 confined in a secure facility" means that the person more probably than 34 not will engage in such acts if released unconditionally from detention 35 on the sexually violent predator petition. Such likelihood must be 36 evidenced by a recent overt act if the person is not totally confined 37 at the time the petition is filed under RCW 71 . 09 . 030 , p. 3 ESSB 6594 .PL U0 IU, U4 nhll kJ' rA.i 00U HUL eS4H1 V fl f J1JLI 11Ltr Wit IOW '4100 1 (a) Residents of a secure community transition facility shall wear 2 electronic monitoring devices at all times . To the extent that 3 electronic monitoring devices that employ global positioning system 4 technology are available and funds for this purpose are appropriated by 5 the legislature, the department shall use these devices. 6 (b) At least one staff member, or other court-authorized and 7 department-approved person must escort each resident when the resident 8 leaves the secure community transition facility for appointments, 9 employment, or other approved activities. Escorting persons must 10 supervise the resident closely and maintain close proximity to the 11 resident. The escort must immediately notify the department of any 12 serious violation, as defined in RCW 71. 09.325, by the resident and 13 must immediately notify law enforcement of any violation of law by the 14 resident. The escort may not be a relative of t-he resident. or a person 15 with whom the resident has, or has bad. a dating relationship as 16 defined in RCW 26 . 50 . 010 . 17 (2) Staff members of the special commitment center and any other 18 total confinement facility and any secure community transition facility 19 must be trained in self-defense and appropriate crisis responses 20 including incident de-escalation. Prior to escorting a person outside 21 of a facility, staff members must also have training in the offense 22 pattern of the offender they are escorting. ( ( 23 rel of the resident . ) ) 24 (3) Any escort must carry a cellular telephone or a similar device 25 at all times when escorting a resident of a secure community transition 26 facility. 27 (4) The department shall require training in offender pattern, 28 self-defense, and incident response for all court-authorized escorts 29 who are not employed by the department or the department of 30 corrections . 31 NEW SECTION. Sec. 7 . A new section is added to chapter 71. 09 RCW 32 to read as follows : 33 The minimum requirements set out in RCW 71. 09 .285 through 71. 09 .340 34 are minimum requirements to be applied by the department. Nothing in 35 this section is intended to prevent a city or county from adopting 36 development regulations, as defined in RCW 36 . 70A. 030, unless the 37 proposed regulation imposes requirements more restrictive than those 38 specifically addressed in RCW 71 . 09 .265 through 71 . 09 .340. Regulations p. 7 ESSE 6594 . PL vv to, v. 'ILU lu.cV rind Juu vuc 0 0I UJn Ji UUU/ 11L1r f Uc� err `rrr/ 1 that impose requirements more restrictive than those specifically 2 addressed in these sections are void. Nothing in these sections 3 prevents the department from adding requirements to enhance public 4 safety. 5 Sec. 8 . RCW 71. 09 . 255 and 2001 2nd sp.s . c 12 s 204 are each 6 amended to read as follows : 7 (1) Upon receiving the notification required by RCW 71.09 .250, 8 counties must promptly notify the cities within the county of the 9 maximum number of secure community transition facility beds that may be 10 required and the projected number of beds to be needed in that county. 11 (2) The incentive grants and pa n s provided under this section 12 are subject to the following provisions: 13 (a) Counties and the cities within the county must notify each 14 other of siting plans to promote the establishment and equitable 15 distribution of secure community transition facilities; 16 (b) Development regulations, ordinances, `plans, laws, and criteria 17 established for siting must be consistent with statutory requirements 18 and rules applicable to siting and operating secure community 19 transition facilities; 20 (c) The minimum size for any facility is three beds; and 21 (d) The department must approve any sites selected. 22 (3) Any county or city that makes a commitment to initiate the 23 process to site one or more secure community transition facilities by 24 ( (February 1, 2002) ) one hundred twenty days after the effective date 25 of this act, shall receive a planning grant as proposed and approved by 26 the department of community, trade, and economic development. 27 (4) Any county or city that has issued all necessary permits by May 28 1, 2003 , for one or more secure community transition facilities that 29 comply with the requirements of this section shall receive an incentive 30 grant in the amount of fifty thousand dollars for each bed sited. 31 (5) To encourage the rapid permitting of sites, any county or city 32 that has issued all necessary permits by January 1, 2003 , for one or 33 more secure community transition facilities that comply with the 34 requirements of this section shall receive a bonus in the amount of 35 twenty percent of the amount provided under subsection (4) of this 36 section. 37 (6) Any county or city that establishes secure community transition 38 facility beds in excess of the maximum number that could be required to ESSB 6594 . PL p. 8 VV' 1D VL "LL 1J. LV r:1i. JUV UUL 0101 LJii Jr VU L' 11 t.i1 J vV ci 1 be sited in that county shall receive a bonus payment of one hundred 2 thousand dollars for each bed established in excess of the maximum 3 requirement. 4 (7) No payment shall be made under subsection (4) , (5) , or (6) of 5 this section until all necessary permits have been issued. 6 (8) The funds available to counties and Cities under this s . _ inn 7 are contingent upon funds being ap riprop ted y the is leglature 8 NEW SECTION, Sec. 9. A new section is added to chapter 71. 09 RCW 9 to read as follows ; 10 (1) After October 1, 2002 , notwithstanding RCW 36 .70A. 103 or any 11 other law, this section preempts and supersedes local plans, 12 development regulations, permitting requirements, inspection 13 requirements, and all other laws as necessary to enable the department 14 to site, construct, renovate, occupy, and operate secure community 15 transition facilities within the borders of the following: 16 (a) Any county that had five or more persons civilly committed from 17 that county, or detained at the special commitment center under a 18 pending civil commitment petition from that county where a finding of 19 probable cause has been made, on April 1, 2001, if the department 20 determines that the county has not met the requirements of RCW 21 36 . 70A.200 with respect to secure community transition facilities . 22 This subsection does not apply to the county in which the secure 23 community transition facility authorized under RCW 71. 09 .250 (1) is 24 located; and 25 (b) Any city located within a county listed in (a) of this 1 26 subsection that the department determines has not met the requirements 27 of RCW 36 . 70A.200 with respect to secure community transition 28 facilities . 29 (2) The department' s determination under subsection (1) (a) or (b) 30 of this section is final and is not subject to appeal under chapter 31 34 .05 or 36 . 70A RCW. 32 (3) When siting a facility in a county or city that has been 33 preempted under this section, the department shall consider the policy 34 guidelines established under RCW 71 . 09 .275 and 71 .09 .290 and shall hold 35 the hearings required in RCW 71. 09 .315 . 36 (4) Nothing in this section prohibits the department from: 37 (a) Siting a secure community transition facility in a city or 38 county that has complied with the requirements of RCW 36. 70A.200 with p. 9 ESSB 6594 .PL vv i✓ vL 10 L1 111:1 VVV OVL VYOI LJRJ'LLL' 11L11 1j U1V IOW" .4411110 1 respect to secure community transition facilities, including a city 2 that is located within a county that has been preempted. If the 3 department sites a secure community transition facility in such a city 4 or county, the department shall use the process established by the city 5 or county for siting such facilities; or 6 (b) Consulting with a city or county that has been preempted under 7 this section regarding the siting of a secure community transition 8 facility. 9 (5) (a) A preempted city or county may propose public safety 10 measures specific to any finalist site to the department . The measures 11 must be consistent with the location of the facility at that finalist 12 site. The proposal must be made in writing by the date of: 13 (i) The second hearing under RCW 71 . 09 . 315 (2) (a) when there are 14 three finalist sites; or 15 (ii) The first hearing under RCW 71 . 09 .315 (2) (b) when there is only 16 one site under consideration. 17 (b) The department shall respond to the city or county in writing 18 within fifteen business days of receiving the proposed measures . The 19 response shall address all proposed measures. 20 (c) If the city or county finds that the department' s response is 21 inadequate, the city or county may notify the department in writing 22 within fifteen business days of the specific items which it finds 23 inadequate. If the city or county does not notify the department of a 24 finding that the response is inadequate within fifteen business days, 25 the department' s response shall be final . 26 (d) If the city or county notifies the department that it finds the 27 response inadequate and the department does not revise its response to 28 the satisfaction of the city or county within seven business days, the 29 city or county may petition the governor to designate a person with law 30 enforcement expertise to review the response under RCW 34 . 05 .479 . 31 (e) The governor' s designee shall hear a petition filed under this 32 subsection and shall make a determination within thirty days of hearing 33 the petition. The governor' s designee shall consider the department' s 34 response, and the effectiveness and cost of the proposed measures, in 35 relation to the purposes of this chapter. The determination by the 36 governor' s designee shall be final and may not be the basis for any 37 cause of action in civil court . 38 (f) The city or county shall bear the cost of the petition to the 39 governor' s designee . If the city or county prevails on all issues, the ESSB 6594 .PL p. 10 U6/1!f/UL tT V 1:5:L/ FAA JtOU tJUL ti-lki/ LJnJ VVtiiiirir utl 1 department shall reimburse the city or county costs incurred, as 2 provided under chapter 34 . 05 RCW. 3 (g) Neither the department's consideration and response to public 4 safety conditions proposed by a city or county nor the decision of the 5 governor' s designee shall affect the preemption under this section or 6 the department' s authority to site, construct, renovate, occupy, and 7 operate the secure community transition facility at that finalist site 8 or at any finalist site . 9 (6) Until June 30, 2009, the secretary shall site, construct, 10 occupy, and operate a secure community transition facility sited under 11 this section in an environmentally responsible manner that is 12 consistent with the substantive objectives of chapter 43 .21C RCW, and 13 shall consult with the department of ecology as appropriate in carrying 14 out the planning, construction, and operations of the facility. The 15 secretary shall make a threshold determination of whether a secure 16 community transition facility sited under this section would have a 17 probable significant, adverse environmental impact. If the secretary 18 determines that the secure community transition facility has such an 19 impact, the secretary shall prepare an environmental impact statement 20 that meets the requirements of RCW 43 .21C. 030 and 43 .21C.031 and the 21 rules promulgated by the department of ecology relating to such 22 statements. Nothing in this subsection shall be the basis for any 23 civil cause of action or administrative appeal. 24 (7) This section does not apply to the secure community transition 25 facility established pursuant to RCW 71. 09.250 (1) . 26 NEW SECTION, Sec. 10. A new section is added to chapter 34 . 05 RCW 27 to read as follows : 28 A petition brought pursuant to section 9 (5) of this act shall be 29 heard under the provisions of RCW 34 . 05 .479 except that the decision of 30 the governor' s designee shall be final and is not subject to judicial 31 review. 32 NEW SECTION. Sec. 11. A new section is added to chapter 71. 09 RCW 33 to read as follows : 34 An emergency has been caused by the need to expeditiously site 35 facilities to house sexually violent predators who have been committed 36 under this chapter. To meet this emergency, for purposes of RCW 37 71. 09.250 and section 9 of this act, "all other laws" means the state p. 11 ESSB 6594 .PL Sections of 3ESSB 6151 Siting and Operating Secure Community Transition Facilities Section 201: General requirements and definitions • 201(7)(a) Maximum legal requirement • 201(7)(b) Authority to distribute bonus grants • 201(8)atid19)`Equitabie distribution Section 204: Grant Process • 204(3) Planning grants • 204(4) Basic incentive grants • 204(5) Rapid permitting bonus • 204(6) Excess bed bonus Section 205: Amendments to the Growth Management Act for Essential Public Facilities Section 206: Siting not limited to residential areas Section 213: Siting — Response time and proximity to risk potential areas Section 214: General siting criteria Section 215: Security systems Section 216: Staffing requirements Section 217: Electronic monitoring and escort requirements Section 219: Public notification for locating facilities r CERTIFICATION OF ENROLLMENT THIRD ENGROSSED SUBSTITUTE SENATE BILL 6151 Chapter 12, Laws of 2001 57th Legislature 2001 Second Special Session SEX OFFENDERS--CIVIL COMMITMENT EFFECTIVE DATE: 6/26/01 - Except sections 301 through 363, 501, and 503, which become effective 9/1/01 . • Passed by the Senate June 21, 2001 CERTIFICATE YEAS 26 NAYS 13 I, Tony M. Cook, Secretary of the Senate of the State of Washington, do BRAD OWEN hereby certify that the attached is President of the Senate THIRD ENGROSSED SUBSTITUTE SENATE BILL 6151 as passed by the Senate and the Passed by the House June 21, 2001 House of Representatives on the dates YEAS 67 NAYS 14 hereon set forth. FRANK CHOPP TONY M. COOK Speaker of the Secretary House of Representatives CLYDE BALLARD Speaker of the House of Representatives Approved June 26, 2001- FILED June 26, 2001 - 11:51 a.m. GARY LOCKE Secretary of State Governor of the State of Washington State of Washington THIRD ENGROSSED SUBSTITUTE SENATE BILL 6151 AS AMENDED BY THE HOUSE Passed Legislature - 2001 2nd Special Session State of Washington 57th Legislature 2001 Regular Session By Senate Committee on Human Services & Corrections (originally sponsored by Senators Long and Hargrove) READ FIRST TIME 04/06/01 . 1 AN ACT Relating to the management of sex offenders in the civil 2 commitment and criminal justice systems; amending RCW 71 .09 . 020, 3 36.70A.103, 36.70A.200, 9.94A.715, 9 .94A. 060, 9 .94A.120, 9.94A.1S3, 4 9.94A.390, 9 .94A.590, 9.94A. 670, 9 .95 . 005, 9 .95 .010., 9 .95.011, 5 .9.95 .017, 9 .95 .020, 9 .95 .032, 9 .95 . 052, 9 . 95. 055, 9 .95. 064, 9 .95.070, 6 9.95 .080, 9.95.090, 9 .95.100, 9 .95 .110, 9 .95.115, 9 . 95. 120, 9.95.121, 7 9 .95.122, 9 .95.123, 9 .95 .124, 9 . 95 .125, 9 .95.126, 9 .95 . 130, 9 . 95.140, 8 9.95 .190, 9 .95.250, 9.95 .280, 9 .95 .290; "9 .95.300, 9 .95 .310, 9 .95.320, 9 9.95.340, 9 .95 .350, 9 .95 .360, 9.95.370, 9 .95 .900, 9A.28 .020, 9A.36.021, 10 9A. 40. 030, 9A.44. 093, 9A.44 .096, 9A.44.100, 9A. 76 .---, and 72 . 09 .370; 11 reenacting and amending RCW 9 .94A.030, 9 .94A.320, 18 .155.020, and 12 '18. 155 . 030; _adding new sections to chapter 71 .09 RCW; adding new 13 sections to chapter 72 . 09 RCW; adding new sections to chapter 9.94A 14 RCW; adding new sections to chapter 9 .95 RCW; adding a new section to 15 chapter 4 .24' RCW; creating new sections; repealing RCW 9 .95.0011 and 16 9.95.145; prescribing penalties; providing an effective date; providing 17 expiration dates; and declaring an emergency. 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: p. 1 3ESSB 6151 .SL 1 %we PART I Nome 2 GENERAL PROVISIONS 3 NEW SECTION. Sec. 101. The legislature intends the following 4 omnibus bill to address the management of sex offenders in the civil 5 commitment and criminal justice systems for purposes of public health, 6 safety, and welfare. Provisions address siting of and continued 7 operation of facilities for persons civilly committed under chapter 8 71 . 09 RCW and sentencing of persons who have committed sex offenses. 9 Other provisions address the need for sex offender treatment providers 10 with specific credentials . Additional provisions address the continued 11 operation:<or.;authorized,expansion>>,of_ criminal justice facilities at 12 McNeil Island, because these facilities are impacted by the civil 13 facilities on McNeil Island for persons committed under chapter 71.09 14 RCW. 15 Sec. 102. RCW 71 .09 . 020 and 2001 c 286 s 4 are each amended to 16 read as follows : -17 Unless the context clearly requires otherwise, the definitions in 18 this section apply throughout this chapter. 19 (1) ( ( "Sexually violent predator" moans any person who has been 20 convicted of or ehargeed with a erime of s-exua-1 v-ie1c. - and who suffers 21 22 23 confined in a secure facility. 24 (2) "P4 25 26 person to the e6mmission of et-iminal sexual acts in a degree 27 ) ) 28 "Department" means the department of social and health services . 29 (2) "Less restrictive alternative" means court-ordered treatment in 30 a setting less restrictive than total confinement which satisfies the 31 conditions set forth in RCW 71 . 09 . 092 . 32 (3) "Likely to engage in predatory acts of sexual violence if not 33 confined in a secure facility" means that the person more probably than 34 not will engage in such acts if released unconditionally from detention 35 on the sexually violent predator petition. Such likelihood must be 36 evidenced by a recent overt act if the person is not totally confined 37 at the time the petition is filed under RCW 71 . 09 .030 . 3ESSB 6151 .SL p. 2 1 (4) "Mentaliiorm__: it means a con enntal or ac fired condition 2 affecting the emotional or volitional capacity which predisposes the 3 person to the commission of criminal sexual acts in a degree 4 constituting such person menace to the health and safety of others . 5 (5) "Predatory" means acts directed towards : (a) Strangers; (b) 6 individuals with whom a relationship has been established or promoted 7 for the primary purpose of victimization; or (c) persons of casual 8 acquaintance with whom no substantial personal relationship exists. 9 ( ( (5) ) ) (6) "Recent overt act" means any act or threat that has 10 either caused harm of a sexually violent nature or creates a reasonable 11 apprehension of such harm in the mind of an objective person who knows 12 of the history and_mental .condition., of the person engaging in the act. 13 ( ( (6) ) ) (7) "Risk potential activity" or "risk potential facility" 14 means an activity or facility that provides a higher incidence of risk 15 to the public from persons conditionally released from the special 16 commitment center. Risk potential activities and facilities include: 17 Public and private schools, school bus stops, licensed day care and 18 licensed preschool facilities, public parks, publicly dedicated trails, 19 sports fields, playgrounds, recreational and community centers, 20 churches , synagogues , temples, mosques, and public libraries. 21 (8) "Secretary" means the secretary of social and health services 22 or the secretary's designee . 23 (9) "Secure facility" means a residential facility for persons 24 civilly confined under the provisions of this chapter that includes 25 security measures sufficient to protect the community. Such facilities 26 include total confinement facilities, secure community transition 27 facilities, and any residence used as a court-ordered placement under 28 RCW 71 . 09 . 096, 29 (10) "Secure community transition facility" means a residential 30 facility for_persons civilly committed and conditionally released to a 31 less restrictive alternative under this chapter. A secure community 32 transition facility has supervision and security, and either provides 33 or ensures the provision of sex offender treatment services. Secure 34 community transition facilities include but are not limited to the 35 facilities established pursuant to section 201 of this act and any 36 community-based facilities established under this chapter and operated 37 by the secretary or under contract with the secretary. 38 (11) "Sexually violent offense" means an act committed on, before, 39 or after July 1, 1990, that is: (a) An act defined in Title 9A RCW as p. 3 3ESSB 6151.SL 1 rape in the firs degree, rape in the sect degree by forcible ' 2 compulsion, rape of a child in the first or second degree, statutory 3 rape in the first or second degree, indecent liberties by forcible 4 compulsion, indecent liberties against a child under age fourteen, 5 incest against a child under age fourteen, or child molestation in the 6 first or second degree; (b) a felony offense in effect at any time 7 prior to July 1, 1990, that is comparable to a sexually violent offense 8 as defined in (a) of this subsection, or any federal or out-of-state 9 conviction for a felony offense that under the laws of this state would 10 be a sexually violent offense as defined in this subsection; (c) an act 11 of murder in the first or second degree, assault in the first or second 12 degree,. assault-of. a.:child..in:the‘-first, or second degree, kidnapping in 13 the first or second degree, burglary in the first degree, residential 14 burglary, or unlawful imprisonment, which act, either at the time of 15 sentencing for the offense or subsequently during civil commitment 16 proceedings pursuant to this chapter ( (71 . 0.9 RCW) ) , has been determined 17 beyond a reasonable doubt to have been sexually motivated, as that term 18 is defined in RCW 9 .94A. 030; or (d) an act as described in chapter -19 9A.28 RCW, that is an attempt, criminal solicitation, or criminal 20 conspiracy to commit one of the felonies designated in (a) , (b) , or (c) 21 of this subsection. 22 ( ( ' 23 24 the conditions s-ct forth in RCW 71 .09 .092 . 2 5- 26 or his or her dcsigncc. ) ) 27 (12) "Sexually violent predator" means any person who has been 28 convicted of or charged with a crime of sexual violence and who suffer 29 from a mental abnormality or personality disorder which makes the. 30 person likely to engage in predatory acts of sexual violence if not 31 confined in a secure facility. 32 (13) "Total confinement facility" means a facility that provides 33 supervision and sex offender treatment services in a total confinement 34 setting. Total confinement facilities include the special commitment 35 center and any similar facility designated as a secure facility by the 36 secretary. 37 PART II 38 SITING AND OPERATION OF SECURE COMMUNITY TRANSITION FACILITIES 3ESSB 6151 .SL p. 4 40100, 1 NEW SECTION. Sec. 201. A new section is added to chapter 71 . 09 2 RCW to read as follows : 3 (1) (a) The secretary is author: ed to site, construct, occupy, and 4 operate a secure community transition facility on McNeil Island for 5 persons authorized to pe:.:; tion for a less restrictive alternative under 6 RCW 71 . 09 . 090 (1) and who are conditionally released and a special 7 commitment center on McNeil Island with up to four hundred four beds as 8 a total confinement facility under this chapter, subject to 9 appropriated funding for those purposes . The secure community 10 transition facility shall be authorized for the number of beds needed 11 to ensure compliance with the orders of the superior courts under this 12 • chapter • and-- the -Eederral—distt,ict-•court for -the western district of 13 Washington. The total number of transitional beds shall be limited to 14 fifteen. The residents occupying these beds shall be the only 15 residents eligible for transitional services occurring in Pierce 16- county. In no event shall more than fifteen residents of the secure 17- community transition facility be participating in off-island 18 transitional, educational, or employment activity at the same time in 19 Pierce county. The department shall provide the Pierce county sheriff, 20 or his or her designee, with a list of the fifteen residents so 21 designated, along with their photographs and physical descriptions, and 22 it shall be immediately updated whenever a residential change occurs. 23 The Pierce county sheriff, or his or her designee, shall be provided an 24-- opportunity to confirm -the residential status of each resident leaving 25 . McNeil Island. 26 (b) For purposes of this subsection, "transitional beds" means beds 27 only for residents in halfway house status who are judged by a 28 qualified expert to be suitable to leave the island for treatment, 29 education, and employment. 30 (2) (a) The secretary is authorized to site, either within the 31 secure community transition facility established pursuant to 32 subsection (1) of this section, or within the special commitment 33 center, up to nine pretransitional beds . 34 (b) Residents assigned to pretransitional beds shall not be 35 permitted to leave McNeil Island for education, employment, treatment, 36 or community activities in Pierce county. 37 (c) For purposes of this subsection, "pretransitional beds" means 38 beds for residents whose progress toward a less secure residential 39 environment and transition into more complete community involvement is p. 5 3ESSB 6151 .SL 1 projected to takebstantially longer than allot-pica' resident of the` 2 special commitment center. 3 (3 ) Notwithstanding RCW 36. 70A.103 or any other law, this statute 4 preempts and supersedes local plans, development regulations, 5 permitting requirements, inspection requirements, and all other laws as 6 necessary to enable the secretary to site, construct, occupy, and 7 operate a secure community transition facility on McNeil Island and a 8 total confinement facility on McNeil Island. 9 (4) To the greatest extent possible, until June 30, 2003 , persons 10 who were not civilly committed from the county in which the secure 11 community transition facility established pursuant to subsection (1) of 12 this. section is•loc.ated.mayr,not-be< conditionally- relea-sed to a setting 13 in that same county less restrictive than that facility. 14 (5) As of the effective date of this section, the state shall 15 immediately cease any efforts in effect on such date to site secure 16 community transition facilities, other than the facility authorized by 17 subsection (1) of this section, and shall instead site such facilities 18 in accordance with the provisions of this section. 19 (6) The department must: 20 (a) Identify the minimum and maximum number of secure community 21 transition facility beds in addition to the facility established under 22 subsection (1) of this section that may be necessary for the period of 23 May 2004 through May 2007 and provide notice of these numbers to all 24 counties by August 31, 2001; 25 (b) In consultation with the joint select committee established .in 26 section 225 of this act, develop and publish policy guidelines for the 27 siting and operation of secure community transition facilities by 28 October 1, 2001; and 29 (c) Provide a status report to the appropriate committees of the 30 legislature by December 1, 2002, on the development of facilities under 31 the incentive program established in section 204 of this act. The 32 report shall include a projection of the anticipated number of secure 33 community transition facility beds that will become operational between 34 May 2004 and May 2007 . If it appears that an insufficient number of 35 beds will be operational, the department's report shall recommend a 36 progression of methods to facilitate siting in counties and cities 37 including, if necessary, preemption of local land use planning process 38 and other laws . • 3ESSB 6151 .SL p. 6 Nor 'too. 1 (7) (a) The total numbea of secure community transition facility 2 beds that may be required to be sited in a county between the effective 3 date of this section and June 30, 2008, may be no greater than the 4 total number of persons civilly committed from that county, or detained 5 at the special commitment center under a pending civil commitment 6 petition from that county where a finding of probable cause had been 7 made on April 1, 2001 . The total number of secure community transition 8 facility beds required to be sited in each county between July 1, 2008 , 9 and June 30, 2015, may be no greater than the total number of persons 10 civilly committed from that county or detained at the special 11 commitment center under a pending civil commitment petition from that 12 county where 'a finding of-probable- cause had' been made as of July 1, 13 2008 . 14 (b) Counties and cities that provide secure community transition 15 facility beds above the maximum number that they could be required to 16 site under this subsection are eligible for a bonus grant under the 17 incentive provisions in section 204 of this act . The county where the 18 special commitment center is located shall receive this bonus grant for 19 the number of beds in the facility established in subsection (1) of 20 this section in excess of the maximum number established by this 21 subsection. 22 (c) No secure community transition facilities in addition to the 23 one established in subsection (1) of this section may be required to be 24 sited in the county where the special commitment center is located 25 until after June 30, 2008, provided however, that the county and its 26 cities may elect to site additional secure community transition 27 facilities and shall be eligible under the incentive provisions of 28 section 204 of this act for any additional facilities meeting the 29 requirements of that section. 30 (8) In identifying potential sites within a county for the location 31 of a secure community transition facility, the department shall work 32 with and assist local governments to provide for the equitable 33 distribution of such facilities. In coordinating and deciding upon the 34 siting of secure community transition facilities, great weight shall be 35 given by the county and cities within the county to : 36 (a) The number and location of existing residential facility beds 37 operated by the department of corrections or the mental health division 38 of the department of social and health services in each jurisdiction in 39 the county; and p. 7 3ESSB 6151.SL 1 (b) The numberf registered sex offenders`' lassified as level II 2 or level III and the number of. sex offenders registered as homeless 3 residing in each jurisdiction in the county. 4 (9) (a) "Equitable distribution" means siting or locating secure 5 community transition facilities in a manner that will not cause a 6 disproportionate grouping of similar facilities either in any one 7 county, or in any one jurisdiction or community within a county, as 8 relevant; and 9 (b) "Jurisdiction" means a city, town, or geographic area of a 10 county in which district political or judicial authority may be 11 exercised. 12 NEW SECTION. Sec. 202 . A new section is added to chapter 72 .09 13 RCW to read as follows : 14 The secretary is authorized to operate a correctional facility on 15 McNeil Island for the confinement of sex offenders and other offenders 16 sentenced by the courts, and to make necessary repairs, renovations, 17 additions, and improvements to state property for that purpose, 18 notwithstanding any local comprehensive plans, development regulations, 19 permitting requirements, or any other local laws . Operation of the 20 correctional facility and other state facilities authorized by this 21 section and other law includes access to adequate docking facilities on 22 state-owned tidelands at the town of Steilacoom. 23 Sec. 203. RCW 36.70A.103 and 1991 sp.s . c 32 s 4 are each amended 24 to read as follows : 25 State agencies shall comply with the local comprehensive plans and 26 development regulations and amendments thereto adopted pursuant to this 27 chapter except as otherwise provided in sections 201 (1) through (3) 28 and 202 of this act. 29 The provisions of this act do not affect the state' s authority to 30 site any other essential public facility under RCW 36 .70A.200 in 31 conformance with local comprehensive plans and development regulations 32 adopted pursuant to chapter 36.70A RCW. 33 NEW SECTION. Sec. 204. A new section is added to chapter 71 .09 34 RCW to read as follows : 35 (1) Upon receiving the notification required by section 201 of this 36 act, counties must promptly notify the cities within the county of the 3ESSB 6151 .SL p. 8 1 maximum number osecure community transition facility beds that may be 2 required and the projected number of beds to be needed in that county. 3 (2) The incentive grants provided under this section are subject to 4 the following provisions : 5 (a) Counties and the cities within the county must notify each 6 other of siting plans to promote the establishment and equitable 7 distribution of secure community transition facilities ; 8 (b) Development regulations, ordinances, plans, laws, and criteria 9 established for siting must be consistent with statutory requirements 10 and rules applicable to siting and operating secure community 11 transition facilities; 12 (c) The- minimum, s ze- for. any- facility is- three beds; and 13 (d). The department must approve any sites selected. 14 (3) Any county or city that makes a commitment to initiate the 15 process to site one or more secure community transition facilities by 16 February 1, 2002 ,. shall receive a planning grant as proposed and 17 approved by the department of community, trade, and economic 18 development. 19 (4) Any county or city that has issued all necessary permits by May 20 1, 2003 , for one or more secure community transition facilities that 21 comply with the requirements of this section shall receive an incentive 22 grant in the amount of fifty thousand dollars for each bed sited. 23 (5) To encourage the rapid permitting of sites, any county or city 24 that has issued all necessary permits by January 1, 2003 , for one or 25 more secure community transition facilities that comply with the 26 requirements of this section shall receive a bonus in the amount of 27 twenty percent of the amount provided under subsection (4) of this 28 section. 29 (6) Any county or city that establishes secure community transition 30 facility beds in excess of the maximum number that could be required to 31 be sited in that county shall receive a bonus payment of one hundred 32 thousand dollars for each bed established in excess of the maximum 33 requirement. • 34 (7) No payment shall be made under subsection (4) , (5) , or (6) of 35 this section until all necessary permits have been issued. 36 Sec. 205 . RCW 36 .70A.200 and 1998 c 171 s 3 are each amended to 37 read as follows: p. 9 3ESSB 6151 .SL 1 (1) The comprehensive plan of each county Alg. city that is plannir„g 2 under ( (thi3 chapter) ) RCW 36 .70A. 040 shall include a process for 3 identifying and siting essential public facilities . Essential public 4 facilities include those facilities that are typically difficult to 5 site, such as airports, state education facilities and state or 6 regional transportation facilities as defined in RCW 47 .06 .140, state 7 and local correctional facilities, solid waste handling facilities, and 8 in-patient facilities including substance abuse facilities, mental 9 health facilities, ( (and) ) group homes , and secure community transition 10 facilities as defined in RCW 71 . 09 .020. 11 (2) Each county and city planning under RCW 36 .70A. 040 shall, not 12 later than the- deadline. .specified- ,i .r RCW 36 .70A. 130, establish a 13 process, or amend its existing process, for identifying and siting 14 essential pmlic facilities, and adopt or amend its development 15 regulations as necessary to provide for the siting of secure community 16 transition facilities consistent with statutory requirements applicable 17 to these facilities . 18 (3) AnY cfty or county not planning under RCW 36 .70A. 040 shall, not 19 later than the deadline specified in RCW 36 .70A. 130, establish a 20 process for siting secure community transition facilities and adopt or 21 amend its d�elopment regulations as necessary to provide for the 22 siting of szch facilities consistent with statutory requirements 23 applicable to these facilities. 24 (4) The affice of financial management shall maintain a list of 25 those essenthl state public facilities that are required or likely to 26 be built witlin the next six years . The office of financial management 27 may at any eke add facilities to the list. 28 (5) No bcal comprehensive plan or development regulation may 29 preclude thesiting of essential public facilities. 30 NEW SECTION. Sec. 206. A new section is added to chapter 71 .09 31 RCW to read a follows: 32 The prov:ions of this act shall not be construed to limit siting 33 of secure comity transition facilities to residential neighborhoods. 34 NEW SECT `. Sec. 207 . Beginning on the effective date of this 35 section, thestate shall immediately enter into negotiations for a 36 mitigation weement with: (1) The county in which the secure 37 community trmaition facility- established pursuant to section 201 (1) of 3ESSB 6151.SL p. 10 1 this act is local ed; (2) each community in which the persons from that 2 facility will reside or regularly spend time in pursuant to court 3 orders for regular work or education, or to receive social services, or 4 will regularly be transported through to reach those other communities; 5 and (3) educational institutions in the communities identified in 6 subsections (1) and (2) of this section. The negotiations must be 7 toward an agreement that will provide state funding, as appropriated 8 for this purpose, in an amount adequate to mitigate anticipated or 9 realized increased costs resulting from any increased risks to public . 10 safety brought about by the presence of sexually violent predators in 11 those communities due to the siting of the secure community transition 12 facility., estabLished„pur,suant..to_-. s.ec.tion_.201 (1) of this act . This 13 section expires June 30, 2003 . 14 NEW SECTION. Sec. 208. A new section is added to chapter 71 .09 15 RCW to read as follows: 16 (1) The department shall make reasonable efforts to distribute the 17 impact of the employment, education, and social services needs of the 18 residents of the secure community transition facility established 19 pursuant to section 201 (1) of this act among the adjoining counties and 20 not to concentrate the residents' use of resources in any one 21 community. 22 (2) The department shall develop policies to ensure that, to the 23 extent possible, placement of persons eligible in the future for 24 conditional release to a setting less restrictive than the facility 25 established pursuant to section 201 (1) of this act will be equitably . 26 distributed among the counties and within jurisdictions in the county. 27 . NEW SECTION. Sec. 209. The department of social and health 28 services shall, by August 1, 2001, and prior to operating the secure 29 community transition facility established pursuant to section 201 (1) of 30 this act, hold at least three public hearings in the affected 31 communities within the county where the facility is located. 32 The purpose of the public hearings is to seek input from county and 33 city officials, local law enforcement officials, and the public 34 regarding operations and security measures needed to adequately protect 35 the community from any increased risk to public safety brought about by 36 the presence of persons conditionally released from the special 37 commitment center in these communities due to the siting of the p. 11 3ESSB 6151 .SL liast 1 facility. The department shall ensure tha persons have a full 2 opportunity to speak to the issues to be addressed during each hearing. 3 NEW SECTION. Sec. 210. The secretary of social and health 4 services shall coordinate with the secretary of corrections and the 5 appropriate local or state law enforcement agency or agencies to 6 establish a twenty-four-hour law enforcement presence on McNeil Island 7 before any person is admitted to the secure community transition 8 facility established under section 201 (1) of this act. Law enforcement 9 shall coordinate with the emergency response team for McNeil Island to 10 provide planning and coordination in the event of an escape from the 11 special commitment:cenber or- the secure community transition facility. 12 In addition, or if no law enforcement agency will provide a law 13 enforcement presence on the island, not more than ten correctional 14 employees, as selected by the secretary of corrections, who are members 15 of the emergency response team for the McNeil Island correctional 16 facility, shall have the powers and duties of a general authority peace 17 officer while acting in a law enforcement capacity. If there is no law 18 enforcement agency to provide the law enforcement presence, those 19 correctional employees selected as peace officers shall provide a 20 twenty-four-hour presence and shall not have correctional duties at the 21 correctional facility in addition to the emergency response team while 22 acting in a law enforcement capacity. 23 NEW SECTION. Sec. 211. A new section is added to chapter 71 .09 24 RCW to read as follows: . 25 (1) By August 1, 2001, the department must provide the appropriate . 26 committees of the legislature with a transportation plan to address the 27 issues of coordinating the movement of residents of the secure 28 community transition facility established pursuant to section 201 (1) of 29 this act between McNeil Island and the mainland with the movement of 30 others who must use the same docks or equipment within the funds 31 appropriated` for this purpose. 32 (2) If the department does not provide a separate vessel for 33 transporting residents of the secure community transition facility 34 established in section 201 (1) of this act between McNeil Island and the 35 mainland, the plan shall include at least the following components : • 3ESSB 6151 . SL p. 12 , 1 (a) The resents shall be separated from minors and vulnerable 2 adults, except vulnerable adults who have been found to be sexually 3 violent predators. 4 (b) The residents shall not be transported during times when 5 children are normally coming to and from the mainland for school . 6 (3) The department shall designate a separate waiting area at the 7 points of debarkation, and residents shall be required to remain in 8 this area while awaiting transportation. 9 (4 ) The department shall provide law enforcement agencies in the 10 counties and cities in which residents of the secure community 11 transition facility established pursuant to section 201 (1) of this act 12 regularly participate in employment, ..education, or social services, or 13 through which these persons are regularly transported, with a copy of 14 the court's order of conditional release with respect to these persons . 15 NEW SECTION. Sec. 212. A new section is added to chapter 71 .09 16 RCW to read as follows : - 17 When considering whether a person civilly committed under this 18 chapter and conditionally released to a secure community transition 19 facility is appropriate for release to a placement that is less 20 restrictive than that facility, the court shall comply with the 21 procedures set forth in RCW 71 .09 .090 through 71 .09.096. In addition, 22 the court shall consider whether the person has progressed in treatment 23 to the point that a significant change in the person's routine, 24 including but not limited to a change of employment, education, 25 residence, or sex offender treatment provider will not cause the person 26 to regress to the point that the person presents a greater risk to the 27 community than can reasonably be addressed in the proposed placement. 28 NEW SECTION. Sec. 213. A new section is added to chapter 71 .09 29 RCW to read as follows : 30 (1) Except with respect to the secure community transition facility 31 established pursuant to section 201 of this act, the secretary shall 32 develop policy guidelines that balance the average response time of 33 emergency services to the general area of a proposed secure community 34 transition facility against the proximity of the proposed site to risk 35 potential activities and facilities in existence at the time the site 36 is listed for consideration. p. 13 3ESSB 6151.SL 1 (2 ) In balancing the competing criteria ofroximity and response 2 time the policy guidelines shall endeavor to achieve an average law 3 enforcement response time not greater than five minutes and in no case 4 shall the policy guidelines permit location of a facility adjacent to, 5 immediately across a street or parking lot from, or within the line of 6 sight of a risk potential activity or facility in existence at the time 7 a site is listed for consideration. "Within the line of sight" means 8 that it is possible to reasonably visually- distinguish and recognize 9 individuals . 10 (3 ) The policy guidelines shall require that great weight be given 11 to sites that are the farthest removed from any risk potential 12 activity... 13 (4) The policy guidelines shall specify how distance from the 14 location is measured and any variations in the measurement based on the 15 size of the property within which a proposed facility is to be located. 16 (5) The policy guidelines shall establish a method to analyze and 17 compare the criteria for each site in terms of public safety and 18 security, site characteristics, and program components . In making a 19 decision regarding a site following the analysis and comparison, the 20 secretary shall give priority to public safety and security 21 considerations . The-analysis and comparison of the criteria are to be 22 documented and made available at the public hearings prescribed in 23 section 219 of this act. 24 (6) Policy guidelines adopted by the secretary under this section 25 shall be considered by counties and cities when providing for the 26 siting of secure community transition facilities as required under RCW 27 36.70A.200. 28 NEW SECTION. Sec. 214. A new section is added to chapter 71.09 29 RCW to read as follows: 30 The secretary shall establish policy guidelines for the siting of 31 secure community transition facilities, other than the secure community 32 transition facility established pursuant to section 201 of this act, 33 which shall include at least the following minimum requirements: • 34 (1) The following criteria must be considered prior to any real 35 property being listed for consideration for the location of or use as 36 a secure community transition facility: - 37 (a) The proximity and response time criteria established under 38 section 213 of this act; 3ESSB 6151 .SL p. 14 1 (b) The site or building is available for Tease for the anticipated 2 use period or for purchase; 3 (c) Security monitoring services and appropriate back-up systems 4 are available and reliable; 5 (d) Appropriate mental health and sex offender treatment providers 6 must be available within a reasonable commute; and 7 (e) Appropriate permitting for a secure community transition 8 facility must be possible under the zoning code of the local 9 jurisdiction. 10 (2) For sites which meet the criteria of subsection (1) of this 11 section, the department shall analyze and compare the criteria in 12 subsections, (3) through:: . :(5.) of this section using the method 13 established in section 213 of this act . 14 (3) Public safety and security criteria shall include at least the 15 following: 16 (a) Whether limited visibility between the facility and adjacent 17 properties can be achieved prior to placement of any person; 18 (b) The distance from, and number of, risk potential activities and 19 facilities, as measured using the rules adopted under section 213 of 20 this act; 21 (c) The existence of or ability to establish barriers between the 22 site and the risk potential facilities and activities; 23 (d) Suitability of the buildings to be used for the secure 24 community transition facility with regard to existing or feasibly 25 modified features; and 26 (e) The availability of electronic monitoring that allows a 27 resident's location to be determined with specificity. 28 (4) Site characteristics criteria shall include at least the 29 following: 30 (a) Reasonableness of rental, lease, or sale terms including length 31 and renewability of a lease or rental agreement; 32 (b) Traffic and access patterns associated with the real property; 33 (c) Feasibility of complying with zoning requirements within the 34 necessary time frame; and 35 (d) A contractor or .contractors are available to install, monitor, 36 and repair the necessary security and alarm systems . 37 (5) Program characteristics criteria shall include at least the 38 following: p. 15 3ESSB 6151 .SL 1 (a) Reasonable proximity to available medial, mental health, sex 2 offender, and chemical dependency treatment providers and facilities; 3 (b) Suitability of the location for programming, staffing, and 4 support considerations; 5 (c) Proximity to employment, educational, vocational, and other 6 treatment plan components . 7 (6) For purposes of this section "available" or "availability" of 8 qualified treatment providers includes provider qualifications and 9 willingness to provide services, average commute time, and cost of 10 services . 11 NEW SECTION. " Sec. 215. A"new section is added to chapter 71 . 09 12 RCW to read as follows: 13 (1) Security systems for all secure community transition facilities 14 shall meet the following minimum qualifications : 15 (a) The security panel must be a commercial grade panel with 16 tamper-proof switches and a key-lock to prevent unauthorized access . 17 (b) There must be an emergency electrical supply system which shall 18 include a battery back-up system and a generator. 19 (c) The system must include personal panic devices for all staff. 20 (d) The security system must be capable of being monitored and 21 signaled either by telephone through either a land or cellular 22 telephone system or by private radio network in the event of a total 23 dial-tone failure or through equivalent technologies. 24 (e) The department shall issue photo-identification badges to all 25 staff which must be worn at all times . 26 (2) Security systems for the secure community transition facility 27 established pursuant to section 201 (1) of this act shall also include 28 a fence and provide the maximum protection appropriate in a civil 29 facility for persons in less than total confinement. 30 NEW SECTION. Sec. 216. A new section is added to chapter 71 .09 31 RCW to read as follows : 32 (1) Secure community transition facilities shall meet the following 33 minimum staffing requirements : 34 (a) At any time the census of a facility is six or fewer residents, 35 the facility shall maintain a minimum staffing ratio of one staff per 36 resident during, normal waking hours and two awake staff per. three 37 residents during normal sleeping hours . 3ESSB 6151 .SL p. 16 ,.r 1 (b) At any time the census of a facility is six or fewer residents, 2 all staff shall be classified as residential rehabilitation counselor 3 II or have a classification that indicates a higher level of skill, 4 experience, and training. 5 (c) Before being assigned to a facility, all staff shall have 6 training in sex offender issues, self-defense, and crisis de-escalation 7 skills in addition to departmental orientation and, as appropriate, 8 management training. All staff wi- ; resident treatment or care duties 9 must participate in ongoing in-service training . 10 (d) All staff must pass a departmental background check and the 11 check is not subject to the limitations in chapter 9 . 96A RCW. A person 12 who has -been convicted::of:_ a: felony-, .- .or -any- sex offense, may not be 13 employed at the secure community transition facility or be approved as 14 an escort for a resident of the facility. 15 (2) With respect to the facility established pursuant to section 16 201 (1) of this act, the department shall, no later than December 1, 17 2001, provide a staffing plan to the appropriate committees of the 18 legislature that will cover the growth of that facility to its full 19 capacity. 20 NEW SECTION. Sec. 217. A new section is added to chapter 71 .09 21 RCW to read as follows : 22 (1) Unless otherwise ordered by the court: 23 (a) Residents of a secure community transition facility shall wear 24 electronic monitoring devices at all times . To the extent that 25 electronic monitoring devices that employ global positioning system 26 technology are available and funds for this purpose are appropriated by 27 the legislature, the department shall use these devices . 28 (b) At least one staff member, or other court-authorized and 29 department-approved person must escort each resident when the resident 30 leaves the secure community transition facility for appointments, 31 employment, or other approved activities . Escorting persons must 32 supervise the resident closely and maintain close proximity to the 33 resident . The escort must immediately notify the department of any 34 serious violation, as defined in section 221 of this act, by the 35 resident and must immediately notify law enforcement of any violation 36 of law by the resident. 37 (2) Staff members of the special commitment center and any other 38 total confinement facility and any secure community transition facility p. 17 3ESSB 6151.SL 1 must be trained 31i" self-defense and appropte crisis responses 2 including incident de-escalation. Prior to escorting a person outside 3 of a facility, staff members must also have training in the offense 4 pattern of the offender they are escorting. The escort may not be a- 5 relative of the resident. 2 6 (3) Any escort must carry a cellular telephone or a similar device 7 at all times when escorting a resident of a secure community transition 8 facility. 9 (4) The department shall require training in offender pattern, 10 self-defense, and incident response for all court-authorized escorts 11 who are not employed by the department or the department of 12 corrections . 13 NEW SECTION. Sec. 218. A new section is added to chapter 71 .09 14 RCW to read as follows: 15 Notwithstanding the provisions of section 217 of this act, 16 residents of the secure community transition facility established 17 pursuant to section 201 (1) of this act must be escorted at any time the 18 resident leaves the facility. 19 STEW SECTION. Sec. 219. A new section is added to chapter 71. 09 20 RCW to read as follows: 21 (1) Whenever the department operates, or the secretary enters into 22 a contract to operate, a, secure community transition facility except 23 the secure community transition facility established pursuant to 24 section 201 (1) of this act, the secure community transition facility 25 may be operated only after the public notification and opportunities 26 for review and comment as required by this section. 27 (2) The secretary shall establish a process for early and 28 continuous public participation in establishing or relocating secure 29 community transition facilities. The process shall include, at a 30 minimum, public meetings in the local communities affected, as well as 31 opportunities for written and oral comments, in the following manner: 32 (a) If there are more than three sites initially selected as 33 potential locations and the selection process by the secretary or a 34 service provider reduces the number of possible sites for a secure 35 community transition facility to no fewer than three, the secretary or 36 the chief operating officer of the service provider shall notify the 37 public of the possible siting and hold at least two public hearings in 3ESSB 6151.SL p. 18 , 1 each community wriere a secure community transition facility may be 2 sited. 3 (b) When the secretary or service provider has determined the 4 secure community transition facility's location, the secretary or the 5 chief operating officer of the service provider shall hold at least one 6 additional public hearing in the community where the secure community 7 transition facility will be sited. 8 (c) When the secretary has entered negotiations with a service 9 provider and only one site is under consideration, then at least two 10 public hearings shall be held. 11 (d) To provide adequate notice of, and opportunity for interested 12 persons to comr;- nt on, a- proposed:.location,-.the secretary or the chief 13 operating offi_Jer of the service provider shall provide at least 14 fourteen days' advance notice of the meeting to all newspapers of 15 general circulation in the community, all radio and television stations 16 generally available to persons in the community, any school district in 17 which the secure community transition facility would be sited or whose _18 boundary is within two miles of a proposed secure community transition 19 facility, any library district in which the secure community transition 20 facility would be sited, local business or fraternal organizations that 21 request notification from the secretary or agency, and any person or 22 property owner within a one-half mile radius of the proposed secure 23 community transition facility. Before initiating this process, the 24 department of social and health services shall contact local government 25 planning agencies in the communities containing the proposed secure 26 community transition facility. The department of social and health 27 services shall coordinate with local government agencies to ensure that 28 opportunities are provided for effective citizen input and to reduce 29 the duplication of notice and meetings . 30 (3 ) If local government land use regulations require that a special 31 use or conditional use permit be submitted and approved before a secure 32 community transition facility can be sited, and the process for 33 obtaining such a permit includes public notice and hearing requirements 34 similar to those required under this section, the requirements of this 35 section shall not apply to the extent they would duplicate requirements 36 under the local land use regulations . 37 (4) This section applies only to secure community transition 38 facilities sited after the effective date of this section. p. 19 3ESSB 6151 .SL 1 NEW SECTION. c. 220 . A new section isided to chapter 71. 09 ' 2 RCW to read as follows : . 3 (1) The secretary shall develop a process with local governments 4 that allows each community in which a secure community transition 5 facility is located to establish operational advisory boards of at 6 least seven persons for the secure community transition facilities . 7 The department may conduct community awareness activities to publicize 8 this opportunity. The operational advisory boards developed under this 9 section shall be implemented following the decision to locate a secure 10 community transition facility in a particular community. 11 (2) The operational advisory boards may review and make 12 recommendations, :regarding: :the;. :security and operations of the secure 13 community transition facility and conditions or modifications necessary 14 with relation to any person who the secretary proposes to place in the 15 secure community transition facility. 16 (3) The facility management must consider the recommendations of 17 the community advisory boards . Where the facility management does not 18 implement an operational advisory board recommendation, the management 19 must provide a written response to the operational advisory board 20 stating its reasons for its decision not to implement the 21 recommendation. 22 (4) The operational advisory boards, their members, and any agency 23 represented by a member shall not be liable in any cause of action as 24 a result of its recommendations unless the advisory board acts with 25 gross negligence or bad faith in making a recommendation. 26 NEW SECTION. Sec. 221. A new section is added to chapter 71 .09 27 RCW to read as follows: 28 (1) The secretary shall adopt a violation reporting policy for 29 persons conditionally released to less restrictive alternative 30 placements . The policy shall require written documentation by the 31 department and service providers of all violations of conditions set by 32 the department, the department of corrections, or the court and 33 establish criteria for returning a violator to the special commitment 34 center or a secure community transition facility with a higher degree 35 . of security. Any conditionally released person who commits a serious 36 violation of conditions shall be returned to the special commitment 37 center, unless arrested by a law enforcement officer, and the court 38 shall be notified immediately and shall initiate proceedings under RCW 3ESSB 6151.SL p. 20 1 71 . 09 . 098 to revoke or modify the less restrictive alternative 2 placement. Nothing in this section limits the authority of the 3 department to return person to the special commitment center based on 4 a violation that is not a serious violation as defined in this section. 5 For the purposes of this section, "serious violation" includes but is 6 not limited to: 7 (a) The commission of any criminal offense; 8 (b) Any unlawful use or possession of a controlled substance; and 9 (c) Any violation of conditions targeted to address the person's 10 documented pattern of offense that increases the risk to public safety. 11 (2) When a person is conditionally released to a less restrictive alternative`' under this chapter - and -is under the supervision of the 13 department of corrections, notice of any violation of the person's 14 conditions of release must also be made to the department of 15 corrections . 16 (3) Whenever the secretary contracts with a service provider to 17 operate a secure community transition facility, the contract shall 3 include a requirement that the service provider must report to the 19 department of social and health services any known violation of 20 conditions committed by any resident of the secure community transition 21 facility. 22 (4) The secretary shall document in writing all violations, 23 penalties, actions by the department of social and health services to 24 remove persons from a secure community transition facility, and 25 contract terminations. The secretary shall compile this information 26 and submit it to the appropriate committees of the legislature on an 27 annual basis . The secretary shall give great weight to a service 28 provider' s record of violations, penalties, actions by the department 29 of social and health services or the department of corrections to 30 remove persons from a secure community transition facility, and 31 contract terminations in determining whether to execute, renew, or 32 renegotiate a contract with a service provider. 33 'IEW SECTION. Sec. 222. A new section is added to chapter 71 .09 34 RCW to read as follows : 35 Whenever the secretary contracts with a provider to operate a 36 secure community transition facility, the secretary shall include in 37 the contract provisions establishing intermediate contract enforcement 38 remedies. p. 21 3ESSB 6151 .SL 1 NEW SECTION. ec. 223 . A new section is`*dded to chapter 71 . 09 2 RCW to read as follows: 3 A conditional release from a total confinement facility to a less 4 restrictive alternative is a release that subjects the conditionally 5 released person to the registration requirements specified in RCW 6 9A.44.130 and to community notification under RCW 4 .24 . 550 . 7 When a person is conditionally released to the secure community 8 transition facility established pursuant to section 201 (1) of this act, 9 the sheriff must provide each household on McNeil Island with the 10 community notification information provided for under RCW 4.24 .550 . 11 NEW SECTION..: Sec;,..224. - : A-new-section .is added to chapter 71 .09 12 RCW to read as follows: 13 An employer who hires a person who has been conditionally released 14 to a less restrictive alternative must notify all other employees of 15 the conditionally released person' s status . Notification for 16 conditionally released persons who enroll in an institution of higher 17 education shall be made pursuant to the provisions of RCW 9A.44 . 130 18 related to sex offenders enrolled in institutions of higher education 19 and RCW 4.24. 550 . This section applies only to conditionally released 20 persons whose court approved treatment plan includes permission or a 21 requirement for the person to obtain education or employment and to 22 employment positions or educational programs that meet the requirements 23 of the court-approved treatment plan. 24 NEW SECTION. Sec. 225. (1) A joint select committee on the 25 equitable distribution of secure community transition facilities is 26 established. 27 (2) The joint select committee shall consist of the following 28 persons : 29 (a) One member from each of the two largest caucuses of the senate, 30 appointed by the president of the senate, at least one member being a 31 member of the senate human services and corrections committee; 32 (b) One member from each of the two largest caucuses of the house 33 of representatives, appointed by the co-speakers of the house of 34 representatives, at least one member being a member of the house 35 criminal justice and corrections committee; 36 (c) One member from the department of social and health services; 37 (d) One member from the Washington state association of counties; 3ESSB 6151.SL p. 22 • 1 (e) One member from the association of Washington cities; 2 (f) One member representing crime victims, appointed jointly by the 3 president of the senate and the co-speakers of the house of 4 .2epresentatives; 5 (g) One person selected by the governor; and 6 (h) Two persons representing local law enforcement, one 7 representing cities and one representing counties . 8 (3 ) The chair of the joint select committee shall be a legislative 9 member chosen by the joint select committee members. 10 (4) The joint select committee shall review and make 11 recommendations regarding: 12 (a) Any necessary specifications or revisions to ensure equitable 13 distribution of secure community transition facilities throughout the 14 state; 15 (b) Any necessary revisions to the provisions related to siting and 16 operating secure community transition facilities in sections 213 17 through 218 and 222 of this act; and 18 (c) Except with respect to the facility established pursuant to 19 section 201 (1) of this act, a method for determining possible 20 mitigation measures for compensating communities for any increased 21 risks to public safety brought about by the siting of a secure 22 community transition facility in a community. 23 (5) The joint select committee shall present a report of its 24 findings and recommendations to the governor and the appropriate 25 committees of the legislature, including any proposed legislation, not 26 later than November 15, 2001 . 27 (6) The joint select committee may, where feasible, consult with 28 individuals from the public and private sector in carrying out its 29 duties under this section. 30 (7) Nonlegislative members of the joint select committee shall 31 serve without compensation, but shall be reimbursed for travel expenses 32 as provided in RCW 43 .03 . 050 and 43 .03 . 060 . Legislative members of the 33 joint select committee shall be reimbursed for travel expenses as 34 provided in RCW 44 .04.120 . 35 (8) Staff of senate committee services and the office of program 36 research of the house of representatives shall provide support to the 37 joint select committee. 38 (9) This section expires March 1, 2002 . p. 23 3ESSB 6151.SL Ili 1 NEW SECTION. Sec. 226. A new section is dded to chapter 71 . 09 ' 2 RCW to read as follows: 3 Nothing in this act shall operate to restrict a court's authority 4 to make less restrictive alternative placements to a committed person's 5 individual residence or to a setting less restrictive than a secure 6 community transition facility. A court-ordered less restrictive 7 alternative placement to a committed person's individual residence is 8 not a less restrictive alternative placement to a secure community 9 transition facility. 10 PART III 11 SENTENCING, STRUCTURE 12 Sec. 301. RCW 9 .94A.030 and 2001 c 287 s 4 and 2001 c 95 s 1 are 13 each reenacted and amended to read as follows : 14 Unless the context clearly requires otherwise, the definitions in 15 this section apply throughout this chapter. 16 (1) "Board" means the indeterminate sentence review board created 17 under chapter 9 . 95 RCW. 18 (2) "Collect, " or any derivative thereof, "collect and remit, " or 19 "collect and deliver, " when used with reference to the department, 20 means that the department, either directly or through a collection 21 agreement authorized by RCW 9 .94A.145, is responsible for monitoring 22 and enforcing the offender's sentence with regard to the legal 23 financial obligation, receiving payment thereof from the offender, and, 24 consistent with current law, delivering daily the entire payment to the 25 superior court clerk without depositing it in a departmental account. 26 ( ( (2) ) ) (3) "Commission" means the sentencing guidelines 27 commission.. 28 ( ( (3) ) ) (4) "Community corrections officer" means an employee of 29 the department who is responsible for carrying out specific duties in 30 supervision of sentenced offenders and monitoring of sentence 31 conditions . 32 ( ( (4) ) ) (5) "Community custody" means that portion of an offender's 33 sentence of confinement in lieu of earned release time or imposed 34 pursuant to RCW 9.94A.120 (2) (b) , 9 . 94A. 650 through 9.94A. 670, 35 9 .94A.137, 9 .94A.700 through 9 .94A.715, or 9 . 94A.383 , served in the 36 community subject to controls placed on the offender's movement and 37 activities by the department. For offenders placed on community 3ESSB 6151 .SL p. 24 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 2, LAND USE DISTRICTS; CHAPTER 4, PROPERTY DEVELOPMENT STANDARDS; CHAPTER 8, PERMITS AND DECISIONS; CHAPTER 9, PROCEDURES AND REVIEW CRITERIA; AND CHAPTER 11, DEFINITIONS; OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO PROVIDE A PROCESS AND CRITERIA FOR REVIEW OF SECURE COMMUNITY TRANSITION FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-2-060.G of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit A. SECTION II. Section 4-2-070.L of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit B. SECTION III. Section 4-2-070.Q of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit C. SECTION IV. Section 4-2-070.R of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit D. 1 ORDINANCE NO. SECTION V. Section 4-2-080 of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to add Note 71, to read as follows: 71. Only allowed in the Employment Area Valley (EAV) land use designation south of I-405. See EAV Map in RMC 4-2-080.B. No Secure Community Transition Facility shall a. House more than three persons, excluding resident staff; b. Be allowed within 330 feet of any residential zone or residential use, located within or outside the City limits; c. Be allowed adjacent to, abutting, across a parking lot from, or within the line of sight from a "risk potential activity" as defined in RCW 71.09.020, including but not limited to X Community centers, X Licensed day care operations, X Licensed preschool facilities, X Public libraries, X Public park and recreation facilities, X Religious facilities, X Schools, X School bus stops, X Sports fields, or X Trails, or d. Be located within one mile from any existing Secure Community Treatment Facility, work release, prerelease, or similar facility. Distance is measured by following a straight line from the nearest point of the building in which the Secure Community Treatment Facility is located, to the nearest point of the zoning boundary line or property line of the lot on which the buffered use is located. 7 ORDINANCE NO. SECTION VI. Section 4-4-080.F.10.e of Chapter 4, Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit E. SECTION VII. Section 4-8-120.0 of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit F. SECTION VIII. Sections 4-8-120.D.15 and 19 of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended by adding the following definitions, to read as follows: Operating Rules Proposal for Secure Community Treatment Facility (SCTF): A written proposal outlining the scope of operations of a secure community transition facility, including but not limited to daily operating hours, activities of occupants, procedures for off-site activities, in any, and visitation procedures for non-residents, including professional care providers, family members, or other service providers. Siting process report for Use permits for Secure Community Treatment Facility (SCTF): A narrative report describing in detail the process used to evaluate alternative sites for the proposed SCTF activity and the basis for the recommendation to locate the facility at the recommended site. A minimum of three alternative sites shall be addressed. SECTION IX. Section 4-9-030 of Chapter 9, Procedures and Review Criteria, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General 3 1.00 ORDINANCE NO. Nuiro Ordinances of the City of Renton, Washington" is hereby amended by adding a new section I, to read as follows, and by renumbering the remaining sections accordingly. I. ADDITIONAL DECISION CRITERIA FOR SECURE COMMUNITY TRANSITION FACILITIES: The reviewing official shall consider the following criteria in determining whether to issue a conditional use permit for Secure Community Transition Facilities. 1. Alternative locations were considered and determined to be not feasible for this use. 2. No undue impact is implied for any one racial, cultural or socio-economic group. 3. There is no resulting concentration of similar facilities in a particular neighborhood, community,jurisdiction or region. 4. Adequate buffering is provided from adjoining uses. 5. A detailed security plan is provided for the facility and its residents. 6. Adequate operating rules are proposed for the facility. 7. Public input is provided during the siting process. SECTION X. Section 4-11-030 of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by changing the following definitions, to read as follows: Congregate Residence: Any building or portion thereof that contains facilities for living, sleeping and sanitation and may include facilities for eating and cooking for occupancy for other than a family. A congregate residence may include a boarding house, but does not include a group home I or II, convalescent center, jail, hotel, motel or secure community transition facility. 4 Nese ORDINANCE NO. Convalescent Centers: Facilities for patients who are recovering health and strength after illness or injury, or receiving long-term care for chronic conditions, disabilities, or terminal illness where care includes ongoing medical treatment, including hospice, and extended care facilities. This definition foes not include retirement residences, adult family homes, group homes I and II, medical institutions, or secure community transition facilities. SECTION XI. Section 4-11-070 of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by changing the following definitions, to read as follows: Group Home I (Rehabilitation): A facility or dwelling unit housing persons, unrelated by blood or marriage and operating as a group facility household. A rehabilitative group home may include halfway houses and substance abuse recovery homes. This definition does not include congregate residential and secure community transition facilities. Group Home II (Protective Residency): A facility or dwelling unit housing persons, including resident staff, unrelated by blood or marriage and operating as a group family household. Staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible. A protective residency may include disabled (mentally and physically) persons, foster child care, abused women shelter, orphanages and other uses where residents are deemed vulnerable and/or disabled and are not a threat to self or to public health or safety. This definition does not include congregate residential or secure community transition facilities. SECTION XII. Section 9-11-190, Definitions "S," of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General 5 *410 ORDINANCE NO. `'r"f Ordinances of the City of Renton, Washington" is hereby amended by adding the following definition, to read as follows: Secure Community Transition Facility (SCTF): A residential facility for persons civilly committed and conditionally released to a less restrictive alternative under RCW 71.09. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Each SCTF shall provide on-site dining, on-site laundry or laundry service, and on-site recreation facilities to serve the residents. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under RCW 71.09 and operated by or under contract with the Washington State Department of Social and Health Services. SECTION XIII. This ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY THE CITY COUNCIL this day of , 2002. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2002. Jesse Tanner, Mayor 6 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1000:7/8/02:ma 7 % (.) _ z V Q N CV CV N Z Q2 = Q_ a- d. d. Q_ 2Q_ Q_ ' O P O ZV M d' , (co IC) O Cl. 2 Q 2 a_ Q_ Q. Q_ a_ CL 2 a. 0 CI co Lo 0 0 0 0 V, Q 2 I a. Q_ a_ a_ Q Q a. 2 a. a_ Q ? Q ti co (°) N V Q 2 2 2 Q Q_ Q_ a.. o_ 0 a_ 2 Q_ CL a d Q_ N15 N VU• Q2 I QQ Qd O Qd 2dd_ Q w NN 2Z co ,-U0 00 - 0c co Cl O < 2 2 Q a_ Q Q_ Q a_ 2 Q. 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EXHIBIT C 4-2-070Q INDUSTRIAL MEDIUM (IM) USES: TYPE: OFFICE AND CONFERENCE AGRICULTURE AND NATURAL Conference Center P#38 RESOURCES Medical and dental offices P#38 Natural resource extraction/recovery H #59 Offices, general P#13 Veterinary offices/clinics _ P #38 ANIMALS &RELATED USES Kennels P#37 RETAIL Kennels,hobby AC#37 Adult retail use P#43 Pets, common household, up to 3 per AC Big-box retail P dwelling unit or business establishment Drive-in/drive-through, retail AC Eating and drinking establishments P OTHER RESIDENTIAL, LODGING AND Horticultural nurseries H HOME OCCUPATIONS Retail sales P#34 Caretaker's residence AC Retail sales, outdoor P#30 Vehicle sales, large P SCHOOLS Vehicle sales, small P K-12 educational institution(public or H private) ENTERTAINMENT AND RECREATION K-12 educational institution(public or P #9 Entertainment private), existing Adult entertainment business P#43 Other higher education institution P#38 Cultural facilities AD Schools/studios, arts and crafts P#38 Dance clubs P#38 Trade or vocational school P Dance halls P#38 Card room P#52 PARKS Gaming/gambling facilities,not-for- H#29 Parks, neighborhood P profit Parks, regional/community, existing P Movie theaters P#38 Parks, regional/community, new AD Sports arenas, auditoriums, exhibition P#38 halls, indoor OTHER COMMUNITY & PUBLIC Sports arenas, auditoriums, exhibition P#38 FACILITIES halls, outdoor Community Facilities Recreation Cemetery H Recreation facilities, indoor P#38 Religious institutions H Recreational facilities, outdoor P#32 Service and social organizations H Public Facilities SERVICES City government offices AD Services, General City government facilities H Hotel P#38 Other government offices and facilities H Motel P#38 Secure transition community facilities H71 Off-site services P#38 TYPES: Blank=Not Allowed P=Permitted Use P#=Permitted provided condition can be met AC=Accessory Use AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) Uses may be further restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions; RMC 4-3-050.C,Aquifer Protection Regulations; RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts, and RMC 4-3-090, Shoreline Master Program Requirements. EXHIBIT D 4-2-070R INDUSTRIAL HEAVY (IH) SES: TYPE: OFFICE AND CONFERENCE • GRICULTURE AND NATURAL Conference Center P#38 I' SOURCES Medical and dental offices P #38 I atural resource extraction/recovery H Offices, general P#13 Veterinary offices/clinics P#38 • IMALS & RELATED USES I ennels P#37 RETAIL I ennels, hobby AC#37 Adult retail use P#43 I'ets, common household, up to 3 per AC Big-box retail P s welling unit or business Drive-in/drive-through, retail AC -stablishment Eating and drinking establishments P Horticultural nurseries H OTHER RESIDENTIAL, LODGING AND HOME Retail sales P#34 OCCUPATIONS Retail sales,outdoor P#30 aretaker's residence AC Vehicle sales, large P Vehicle sales, small P SCHOOLS I -12 educational institution(public or H ENTERTAINMENT AND RECREATION i.rivate) Entertainment I -12 educational institution(public or P#9 Adult entertainment business P#43 i.rivate), existing Cultural facilities AD Other higher education institution P#38 Dance clubs P #38 Schools/studios, arts and crafts P#38 Dance halls P#38 rade or vocational school H Card room P #52 Gaming/gambling facilities, not-for- H #38 I'ARKS profit I'arks,neighborhood P Movie theaters P#38 I arks,regional/community, existing P Sports arenas, auditoriums, exhibition P#38 I'arks,regional/community, new AD halls, indoor Sports arenas, auditoriums, exhibition P#38 II THER COMMUNITY& PUBLIC FACILITIES halls, outdoor Community Facilities Recreation emetery H Recreation facilities, indoor P#38 I'eligious institutions H Recreational facilities, outdoor P #32 Service and social organizations H 'ublic Facilities SERVICES City government offices AD Services, General City government facilities H Hotel P#38 •ther government offices and H Motel P#38 facilities Off-site services P#38 Secure transition community facilities H71 On-site services P#38 Drive-in/drive-through service AC#62 TYPES: Blank=Not Allowed P=Permitted Use P#=Permitted provided condition can be met AC=Accessory Use AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-050.C,Aquifer Protection Regulations; RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts,and RMC 4-3-090, Shoreline Master Program Requirements. v, r EXHIBIT E SECTION 4-4-080.F.10.e INDUSTRIAL/STORAGE ACTIVITIES: Airplane hangars, tie-down Parking is not required. Hangar space or tie-down areas: areas are to be utilized for necessary parking. Parking for offices associated with hangars is 1 per 200 square feet. Manufacturing and fabrication, A minimum of 0.1 for each 100 square feet of laboratories, and assembly gross floor area and no more than a maximum of and/or packaging operations: 0.15 spaces per 100 square feet of gross floor area (but to include warehousing space). Self service storage: 1 for each 3,500 square feet of gross floor area. Maximum of three moving van/truck spaces in addition to required parking for self service storage uses in the RM-I Zone. Outdoor storage area: 0.05 for each 100 square feet of area. Warehouses and indoor storage 1 for each 1,500 square feet of gross floor area. buildings: PUBLIC/QUASI-PUBLIC ACTIVITIES: Religious institutions: 1 for each 5 seats in the main auditorium, provided that spaces for any church shall not be less than 10. 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CD ' to [ G ,3 Y p - 3 G � • o-E a a .E w F. cc 0 v -o^ CICU E o 3 .b > s E . 0 °G' ° 0 ' E a CIAa b t> •a, �, F - o M O -v +, d G °' c�i Y a ,bA •of) oo- .° o a, o U o u ... 'o r G G. +- a o, v G G G E G •a, 'C O o '� M "J 3 o o • o cs O E Q, b 'b > b N cd Y G 3 E a, a, V C "o N a, 0 cu E .E 2 v -o oL. . o EU a, E 00 o K w w -o � o 0 o- o- > v, 0 v 0 r` o o 0 a' u L oo d' E Ow u v ,.., , - L ct E- i . w O r u 4- a i Z JUL. - 15' 021MON) 15 , 38 RENT PLANNING TEL. 253 850 2544 P. 002 igloo '40 STATE AGENCIES REVIEWING DEV REGS Revised September 13, 2001 Cities and counties need to send their development regulations to the agencies' representatives, as listed below, at least 60 days ahead of adoption. Adopted development regulations should be sent to Washington State Office of Community Development (OCD) immediately upon publication, as well as to any state agencies that commented on the draft regulation. A jurisdiction does not need to send its regulation to the agencies which have been called ahead and that have indicated the local plan will not be reviewed. The jurisdiction should keep a record of this contact with state agencies and the state agencies response. Elizabeth McNagny Lori Ochoa Department of Social and Health Services Department of Ecology Post Office Box 45848 Post Office Box 47600 Olympia, Washington 98504-5648 Olympia, Washington 98504-7600 (360) 902-6164 Fax: 902-7889 (360) 407-6422 Fax: (360) 407-6904 Email: mcnagec@dshs.wa.gov Email: loch461@ecy.wa.gov Millard Deusen Tim Ransom Department of Fish and Wildlife Puget Sound Water Quality Action Team Post Office Box 43155 Post Office Box 40900 Olympia, Washington 98504-3155 Olympia, Washington 98504-0900 (360) 902-2562 Fax: (360) 902-2946 (360) 407-7323 Fax: (360) 407-7333 Email: deusemsd@dfw.wa.gov Email: transom@psat.wa.gov Holly Gadbaw Bill Wiebe Washington State Office of Community Department of Transportation Development Post Office Box 47300 Post Office Box 48350 Olympia, Washington 98504-7370 Olympia, Washington 98504-8360 (360) 705-7966 Fax: 705-6813 (360) 725-3048 Fax: (360) 753-2950 Email: wiebeb@wsdot.wa.gov Email: hollyg@cted.wa.gov Anne Sharar V Linda Glasier Department of Natural Resources Department of Corrections Post Office Box 47001 Post Office Box 41112 Olympia, Washington 98504-7001 Olympia, Washington 98504-1 1 1 2 (360) 902-1739 Fax: (360) 902-1776 (360) 753-6547 Fax: (360) 586-8723 Email: anne.sharar@wadnr.gov Email: Icglasier@docl.wa.gov Peter Beaton Department of Health Division of Drinking Water Airdustrial Center, Building 3 Post Office Box 47822 Olympia, Washington 98504-7822 (360) 236-3150 Fax: (360) 236-2252 Email: Peter.Beaton@doh.wa.gov S;\GMU\Lists for GMU\State Agencies Reviewing Dev Regs.doc Last updated September 13, 2001 I \ i c\\' . '. _ . ' \ L _ a 1ST 1 ( .. an5 l E.3E2 1 uuIiIL ,- 7 , . oy6'A___ .S� �?i16 t O. t. , -- --_ =d4ES1 .j i: , 1' :::.";:i. 4p+.. 7.78E "'.r, d qy 1 # -t 3-sE•. 73383 x,. [F`• ay - K 0. T "'it's $ ,ar ceR, .G9xy r •. Sirt::*''. t 3 y" 4 / ' _ r i Renton SCTF 1500 3000 ft. buffer CA-Commercial Arterial1 . 1s000 33C'i � IL-Industrial Light 1 IM-Industrial Medium =a IH-Industrial Heavy _j DSHS identified at-risk parcel c::i.0EconomicCarlson,DevelopAdministrator ment/Neighborhoods/Strategic Planning "rr" �- Wetlands LJ 330 ft.buffer from DSHS identified at-risk parcels Sue G. Eel Rosario ——— City Limits Identified trail • 12 July 2002 -omos Proposed Strander Extension I j 330 ft.buffer from identified trails 'Area excludes wetlands and is shown in acres \ \ c.. . \ o• • b c ' 4 o ✓ i- x�, e� 9s 0 IL l �� $ i r s` w J Ora s,. iggigil _ i t xG1T; -.,:::'1,'; R 6L 4 Iy� 4 r y s-W ---- '-i'','-'-----;-'-'--------.':---.--,,,i, -44,.:: ::::3:t.;.;::::'"x"''...:..-..--:•:•-•::.. i-i.;-::::•:.::::.'.:-.*:::::E:ii,:iir..' .. , _ .•,...,_,::: ,•.:f.:.::--!:,. . .,.'',_-:::-_':'.._.,,,,,•_',.-- ;..,, k,trea,-- s.. .4 :•-:44a1.-::::.,::!1p$:,-•;_i:',...e?...--,--_:.--al:::•!--.g.".."..11.,-;::J.: • ,.,/:,'-„', „> _ --- ,__, , , . ., . .. v . . _ - -: ---` •'`i'----,--.i-----.,-,....\si...'i-W,., ':::::•:'-:::.:;5:si:i'":* -..--,- '' :.;.:.::::::::i--;:::::::-:::".f:::::* ::?!..--,-7:-,41-iiIkr.--.4,i.P:`,.*:- ' - - x.'" ::. — L _-..,--- /.. . ,. 4,... .,....... r I i ,....„.....,.. . _ . ., , . . Renton SCTF is°° 3°°° s, I0 O O ft b u f f e r I� CA-Commercial Arterial 1 : 18000 I— I IL-Industnal Light ■ I__ a.`I IM-Industrial Medium -= IH-Industrial HeavyDSHS identified at-nsk parcel • Economic Development/Neighborhoods/Strategic Planning - Wetlands ( -:I 1000 ft.buffer from DSHS identified at-risk parcels ♦ Sue Carlson,Administrator �_ City Limits Identified trail �, •® C. Del Rosario —— • tz July zooz ® Proposed Strander Extension I I 1000 ft.buffer from identified trails 'Area excludes wetlands and is shown in acres mar '. ar° ;ill i r � „F rt �� ; I`p{ y,s,, "If 'i,.,'446lir ,�,..^'^•f, 1 i, ""19C. 'r1,[�...61„ ..4` p;S l«y ,� �k� +r,' "kd'1� rsp.., 471 1 • 1. �1 ,' F°'"'r1 � ,,� sal' r + ��r+x *,, iyF��4?i 19 �,„ ti �I.. 4 Y ra-•,4.x �n5 > n •P I 4% I i �roWd S'r�.y:il,P'A4°' I.1�,'.�'�..d_' /r /itI el .F+.� ' __ C' } �t 4rn't Orr rrf ;: C l "� ,s�� i F 'G a,r It 8 fii' 'a: ,!f i h 3 r .x. 16. 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Data provided by DSHS CITY OF RENTON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 16th day of September, 2002, at 7:30 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98055, to consider the following: Regulation of Secure Community Transition Facilities land uses (facilities for Level DI sex offenders). All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6510. & 1tv )a Bonnie I. Walton City Clerk Published South County Journal September 6 and 13, 2002 Account No. 50640 SECURE COMMUNITY TRANSITION FACILITIES (SCTF) PLANNING & DEVELOPMENT COMMITTEE 9/5/02 CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM DATE: August 5, 2002 TO: Toni Nelson,President City Council Members FROM: Sue Carlson, Administrator rr,v Economic Development,Neighborhoods, and Strategic Planning Department STAFF CONTACT: Rebecca Lind(ext. 6588) VIA: -IC' Mayor Jesse Tanner SUBJECT: Secure Community Transition Facilities ISSUE: By September 2001, Washington State counties and cities must decide whether to amend their comprehensive plans and development regulations to provide for siting"Secure Community Transition Facilities"(SCTS), in accordance with ESSB 6594 enacted March 2002. These are facilities for Level III sex offenders. The Washington State Department of Social and Health Services (DSHS)has the authority to "preempt"jurisdictions that fail to complete the required planning by October 1, 2002, and pursue their own siting process. • Should the City of Renton add the new use to the zoning regulations and enact development standards to guide siting and development of this use? Or • Should the City allow DSHS to pre-empt local land use and take responsibility for siting these facilities? • Due to the time frame allowed for consideration of a draft ordinance, should the issue be exempted from the annual Title IV docket review process and forwarded to the Planning Commission and Planning and Development Committee for review and recommendation? RECOMMENDATION: • Consider Option 3, as outlined later in this document, after review and comment from DSHS. If this approach complies with the State statute, the proposed ordinance provides the most comprehensive Now approach to regulating SCTF land uses. This approach both limits this use to a section of the City (the Valley, south of I-405) that has the least impact on residential areas and provides a reasonable amount of potential acreage for siting opportunities. August 5, 2002 Page 2 • Option 2 (text definitions) as outlined later in this document,be considered as a minimal response, if the State DSHS comments that Option 3 is overly regulatory. • Due to the short time until the October ls`deadline, it is recommended that the City Council make a finding to consider this code amendment as a exemption to the Title IV docket amendment process set forth in Title IV 4-9-025c, and refer the issue to the Planning Commission and the Planning and Development Committee for review. BACKGROUND SUMMARY: This background summary is excerpted from the City of Kent Staff report to the Kent Land Use and Planning Board July 22,2002 by Charlene Anderson,Planning Manager. "Senate Bill ESSB 6594 enacted March 2002 (amending ESSB 6151 which was enacted June 2001) requires cities to provide for siting of secure community transition facilities (SCTF) by September 1, 2002. Changes to state law occurred as a result of a 1991 civil rights complaint and 1994 federal court order requiring the McNeil Island total confinement facility to provide residents with "constitutionally adequate mental health treatment." This means that residents who are ready for conditional release must have an opportunity for less restrictive alternative placement. SCTFs provide sexual offenders with living arrangements that are less restrictive than total confinement. An SCTF has "...supervision and security, and either provides or ensures the provision of sex offender treatment services"(RCW 71.09.020). The 2002 Legislature provided an appropriation to the Department of Social and Health Services (DSHS)for the implementation of ESSB 6594 and also allowed the state to `preempt and supersede local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary... "for failure to comply. However,failure to act by the September 1, 2002 deadline is not a condition for fiscal sanctions, appeals to the Growth Management Hearings Board, or a private cause of action. Reference attached ESSB 6594 amended the Growth Management Act to include SCTFs in the list of facilities that typically are difficult to site and that are deemed "essential public facilities" (RCW 36.70A.200 "GMA'). As directed by GMA, cities must have a process for identifying and siting these facilities." State law requires SCTFs to provide a high degree of security and staff supervision. Security measures include court conditions, proximity to risk locations, intensive staffing, closer supervision and escorts, household security systems, intensive training for qualified staff informed staff and escorts, requiring advance planning for community trips, and individual electronic monitoring devices. The law also requires the City to consider the effect of "equitable distribution factors" on the siting of a facility. Consideration will be given to the City's number and location of existing residential facilities operated by the Department of Corrections or the Mental Health Division of DSHS, the number of registered sex offenders classified as level II or level III, and the number of sex offenders registered as homeless in the City. "Equitable distribution"means avoiding a disproportionate grouping of similar facilities in any one jurisdiction. The new SCTF law provides that such facilities may not be sited within the line of sight of any risk potential activities or facilities, i.e., those activities and facilities where the public has a higher incidence of risk from persons who are conditionally released from the special commitment center. The risk potential activities and facilities include schools, licensed day care and preschool facilities,public parks,publicly dedicated trails,playgrounds, sports fields, recreational and community centers, school bus stops, religious facilities, and public libraries. ViOr IssuePaper • August 5, 2002 Page 3 ANALYSIS Renton's Comprehensive Plan addresses essential public facilities and allows for adoption of development standards establishing both review criteria and mapping for SCTF as defined by ESSB 6594. As a result further comprehensive plan amendments are not needed at this time. Land Use Policy LU-233: "Guide and modify development of essential public facilities to meet Comprehensive Plan policies and to mitigate impacts and costs to the City. " Land Use Policy LU-234: "Use public processes and create criteria to ident public facilities. Public processes should include notification, hearings and citizen involvement. Criteria should be developed to review and assess proposals for public facilities". Renton does allow Group Homes I in the Commercial Arterial (CA) and Center Downtown (CD)Zones with a Conditional Use permit, and Group Homes II with fewer than six residents as a permitted use in all zones. With more than seven residents, Group Homes II requires a Hearing Examiner Conditional Use permit. As presently defined, Group Homes I are rehabilitative facilities that may include halfway houses and/or substance abuse recovery homes. A Group Home II is a protective residency which may include housing for mentally and physically disabled persons, foster child care, shelter, orphanages, and other uses where residents are deemed vulnerable and/or disabled and are not a threat to self or to public safety. It is possible that an interpretation of our current code by DSHS could allow location of SCTF facilities under these existing definitions. According to King County Registered Sex Offender web site data updated July 31, 2002, the City of Renton has 12 Level III and 17 Level II registered sex offenders. The Griffin Home, located on Lake Washington Blvd. is a Group Home II facility that houses juvenile offenders including some sex offenders. It is operated by the Friends of Youth, a private non-profit organization. Since this facility is not operated by DSHS or the Department of Corrections, it is not clear whether Renton will receive any "credit" for this facility when it calculates "equitable distribution factors". DSHS sent the City Geographic Information Systems (GIS) data providing location of the risk potential facilities in Renton and the surrounding area, referenced by the new law. A map of the risk potential facilities is attached. Staff is proposing the following options for consideration: 1) No Change Under this option, SCTF would be potentially classified as Class I Group Homes and allowed in the CA and CD zoning districts by Conditional Use Permit. Concerns about this option include the desirability of this use in these locations, the limited number of available parcels and the possibility of State preemption because of the perceived "more restrictive" criteria from State law. It is also possible DSHS would interpret the SCTF as excluded from the Group Home I definition and determine that Renton has no regulation. In that case,pre-emption would likely occur. 2) Text Amendment Definitions This option proposes an ordinance amendment only to the definitions section of Title IV. A definition of SCTF is proposed as follows: issuePaper August 5,2002 Page 4 Secure Community Transition Facility(SCTF): A residential facility for persons civilly committed and conditionally released to a less restrictive alternative under RCW 44100 71.09. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Each SCTF shall provide on-site dining, on-site laundry or laundry service, and on-site recreation facilities to serve the residents. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under RCW 71.09 and operated by or under contract with the Washington State Department of Social and Health Services In addition amendments to the definitions are proposed to exclude this activity from the definition of existing Group Homes I, Group Honies II, Congregate Care facilities, and Convalescent Center. This action would likely result in State pre-emption,however it would be clear that City policy is to treat the SCTF differently from"Group Homes". 3) Text Amendment Adding SCTF to the Use Table and Providing Criteria and Definitions This option proposes an ordinance to allow SCTF land uses in the CA, IM and IH zones within the Employment Area Valley portion of the City south of I-405. The use would require a Hearing Examiner Conditional Use process and be subject to the following conditions: a. House no more than 3 persons, excluding resident staff. b. Not be allowed within 330 feet of any residential zone or residential use, located within or outside the City limits. c. Not be allowed adjacent to, abutting, across a parking lot from, or within the line of sight from a "risk potential activity"as defined in RCW 71.09.020, including but not limited to: *110 • Community centers • Licensed day care operations • Licensed preschool facilities • Public libraries • Public park and recreation facilities • Religious facilities • Schools • School bus stops • Sports fields, and • Trails d. Not be located within one mile from any existing SCTF,work release,prerelease, or similar facility, e. Require seven additional Conditional Use permit review criteria (beyond typical process findings)addressing: • consideration of alternative locations • no impact on any one racial, cultural or socio-economic group • no concentration of facilities • adequate buffering • detailed security plan • operating rules • public process In reviewing these decision criteria, staff evaluated the state statute and believes the requirements are consistent with its intent. IssuePaper August 5, 2002 Page 5 Staff has completed a preliminary GIS analysis of this proposed use as it might occur in the Valley under Option 3. Although Renton's draft ordinance states that these uses must be 330 feet from residential uses, this provision is anticipated to have little impact on the actual siting of the facilities as there are no residential uses in this area within Renton. The only existing residential use in the area that would trigger this requirement is located in Tukwila. A future residential Transit Oriented Development project is currently under consideration in Tukwila, however the entire area adjacent to that proposal is in the Commercial Office (CO) zone and would not be eligible for SCTF siting. Staff evaluated a buffer area of both 330 feet and 1000 feet as a proxy for the site distance criteria in the state regulations did. We realize that the actual site distance would be calculated at the time a specific site was selected and might be either greater or less than the 330 feet. However, with a distance of 1000 feet, 130 acres would be available. With a distance of 330 feet, 396 acres would be available. The breakdown by zone, after wetlands are excluded from the calculations, is shown on the table below. 330 ft. Buffer Zone Area (acres) Wetlands Total Developable CA 32.90 0.95 31.95 IL 149.12 19.75 129.37 IM 174.19 19.55 154.64 IH 91.08 10.19 80.89 1000 ft. Buffer Zone Area (acres) Wetlands Total Developable CA 8.19 0.54 7.65 IL 59.52 16.27 43.25 IM 65.54 0.10 65.44 IH 14.15 0.35 13.80 The attached map of the Employment Area Valley south of 1-405 illustrates this distance from "risk potential activities"using both the 1000-foot and 330-foot standard. At this time we do not have knowledge of another work release, pre-release or similar facility located within one mile of this area, but believe that if one were established in either Kent or Tukwila, or at another location in Renton, that this standard would provide reasonable spacing between facilities. CONCLUSION: To provide for the overall protection of the public welfare a more specific regulatory approach to siting SCTF land uses is desirable provided that the buffering and review criteria can be upheld. The risk of preemption by the State is not worth the possibility of losing control of project design and inspection responsibilities. cc Jay Covington Alex Pietsch Rebecca Lind Garry Anderson Gregg Zimmerman Neil Watts IssuePaper CITY OF RENTON Economic Development,Neighborhoods and Planning Jesse Tanner,Mayor Susan Carlson,Administrator July 19, 2002 Ike Nwankwo Growth Management Program Office of Community Development P.O. Box 48350 Olympia,WA 98504-8350 SUBJECT: NOTICE OF INTENT TO ADOPT AMENDMENTS TO THE RENTON MUNICIPAL CODE ENACTING REGULATIONS FOR SECURE COMMUNITY TRANSITION FACILITIES Dear Mr. Nwankwo: The enclosed draft ordinance is currently before the Renton Planning Commission and City Council for review. This draft sets forth the City's approach to compliance with 3ESSB 6151. Please accept the following amendments for 60-day review. We have made the determination that the City's Comprehensive Plan adequately addresses essential public facilities and allows for adoption of development standards establishing both review criteria and mapping for Secure Community Transition Facilities. As a result we are not proposing any further comprehensive plan amendments at this time, but are focusing on the development regulations. Land Use Policy LU-233 states "Guide and modify development of essential public facilities to meet Comprehensive Plan policies and to mitigate impacts and costs to the City." Land Use Policy LU-234 states "Use public processes and create criteria to identify public facilities. Public processes should include notification, hearings and citizen involvement. Criteria should be developed to review and assess proposals for public facilities". Our ordinance proposes to allow SCTF land uses in the Commercial Arterial, Medium Industrial and Heavy Industrial zones within the Employment Area Valley portion of the City south of I-405. The use would require a Hearing Examiner Conditional Use process and be subject to the following conditions: a. House more than 3 persons, excluding resident staff. b. Not be allowed within 330 feet of any residential zone or residential use, located within or outside the City limits. c. Not be allowed adjacent to, abutting, across a parking lot from, or within the line of sight from a "risk potential activity" as defined in RCW 71.09.020, including but not limited to: • Community centers • Licensed day care operations • Licensed preschool facilities • Public libraries 1055 South Grady Way-Renton,Washington 98055 RENTON AHEAD O F THE CURVE ®This paper contains 50%recycled material,30%post consumer Page 2 July 19, 2002 • Public park and recreation facilities • Religious facilities • Schools • School bus stops • Sports fields, and • Trails d. Be located within one mile from any existing SCTF, work release, prerelease, or similar facility. We have completed a preliminary GIS analysis of this proposed use in the Valley. Although Renton's draft ordinance states that these uses must be 330 feet from residential uses, this provision is anticipated to have little impact on the actual siting of the facilities as there are no residential uses in this area within Renton. The only residential use in the area that would trigger this requirement is located in Tukwila. We evaluated a buffer area of both 330 feet and 1000 feet as a proxy for the site distance criteria in the state regulations. We realize that the actual site distance would be calculated at the time a specific site was selected and might be either greater or less than the 330 feet. However, with a distance of 1000 feet, 130 acres would be available. With a distance of 330 feet, 396 acres would be available. The breakdown by zone, after wetlands are excluded from the calculations, is shown on the table below. 330 ft. Buffer Zone Area (acres) Wetlands Total Developable CA 32.90 0.95 31.95 IL 149.12 19.75 129.37 I M 174.19 19.55 154.64 I H 91.08 10.19 80.89 1000 ft. Buffer Zone Area (acres) Wetlands Total Developable CA 8.19 0.54 7.65 IL 59.52 16.27 43.25 I M 65.54 0.10 65.44 IH 14.15 0.35 13.80 The attached map of the Employment Area Valley south of 1-405 illustrates this distance from "risk potential activities" using both the 1000 foot and 330 foot standard. At this time we do not have knowledge of another work release, pre-release or similar facility located within one mile of this area, but Page 3 July 23, 2002 believe that if one were established in either Kent or Tukwila, or at another location in Renton, that this �.,. standard would provide a reasonable spacing between facilities. The proposed conditional use process requires several decision criteria. In reviewing these we evaluated the state statute and believe that the seven items are consistent with the intent of the statute. The provisions provide for public process, consideration of alternative locations, operating rules and a security plan which are consistent with the state statute, and findings that there is equitable distribution of facilities and no impact on any one racial, cultural or socio-economic group. Our draft ordinance also proposed amending our current congregate residence, convalescent center, and group home definitions to exclude SCTF land uses from these categories. Please review this draft ordinance and provide us with comments as soon as possible. By e-mail we are also transmitting this proposal to the state agencies listed on the State Agencies Reviewing Development Regulations list dated September 13, 2001. A hard copy of this proposal will follow. Sincerely, Obkatib &` nk Rebecca Lind Planning Manager cc: Sue Carlson State Agencies CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 2, LAND USE DISTRICTS; CHAPTER 4, PROPERTY DEVELOPMENT STANDARDS; CHAPTER 8, PERMITS AND DECISIONS; CHAPTER 9, PROCEDURES AND REVIEW CRITERIA; AND CHAPTER 11, DEFINITIONS; OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO PROVIDE A PROCESS AND CRITERIA FOR REVIEW OF SECURE COMMUNITY TRANSITION FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-2-060.G of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit A. SECTION II. Section 4-2-070.L of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit B. SECTION III. Section 4-2-070.Q of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit C. SECTION IV. Section 4-2-070.R of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit D. 1 ORDINANCE NO. SECTION V. Section 4-2-080 of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to add Note 71, to read as follows: 71. Only allowed in the Employment Area Valley (EAV) land use designation south of I-405. See EAV Map in RMC 4-2-080.B. No Secure Community Transition Facility shall a. House more than three persons, excluding resident staff; b. Be allowed within 330 feet of any residential zone or residential use, located within or outside the City limits; c. Be allowed adjacent to, abutting, across a parking lot from, or within the line of sight from a "risk potential activity" as defined in RCW 71.09.020, including but not limited to X Community centers, X Licensed day care operations, ,4110 X Licensed preschool facilities, X Public libraries, X Public park and recreation facilities, X Religious facilities, X Schools, X School bus stops, X Sports fields, or X Trails, or d. Be located within one mile from any existing Secure Community Treatment Facility, work release, prerelease, or similar facility. Distance is measured by following a straight line from the nearest point of the building in which the Secure Community Treatment Facility is located, to the nearest point of the zoning boundary line or property line of the lot on which the buffered use is located. 2 ORDINANCE NO. SECTION VI. Section 4-4-080.F.10.e of Chapter 4, Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit E. SECTION VII. Section 4-8-120.0 of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit F. SECTION VIII. Sections 4-8-120.D.15 and 19 of Chapter 8, Permits and Decisions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended by adding the following definitions, to read as follows: Operating Rules Proposal for Secure Community Treatment Facility (SCTF): A written proposal outlining the scope of operations of a secure community transition facility, including but not limited to daily operating hours, activities of occupants, procedures for off-site activities, in any, and visitation procedures for non-residents, including professional care providers, family members, or other service providers. Siting process report for Use permits for Secure Community Treatment Facility (SCTF): A narrative report describing in detail the process used to evaluate alternative sites for the proposed SCTF activity and the basis for the recommendation to locate the facility at the recommended site. A minimum of three alternative sites shall be addressed. SECTION IX. Section 4-9-030 of Chapter 9, Procedures and Review Criteria, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General 3 ORDINANCE NO. Ordinances of the City of Renton, Washington" is hereby amended by adding a new section I, to void read as follows, and by renumbering the remaining sections accordingly. I. ADDITIONAL DECISION CRITERIA FOR SECURE COMMUNITY TRANSITION FACILITIES: The reviewing official shall consider the following criteria in determining whether to issue a conditional use permit for Secure Community Transition Facilities. 1. Alternative locations were considered and determined to be not feasible for this use. 2. No undue impact is implied for any one racial, cultural or socio-economic group. 3. There is no resulting concentration of similar facilities in a particular neighborhood, community,jurisdiction or region. 4. Adequate buffering is provided from adjoining uses. 5. A detailed security plan is provided for the facility and its residents. 6. Adequate operating rules are proposed for the facility. 7. Public input is provided during the siting process. SECTION X. Section 4-11-030 of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by changing the following definitions, to read as follows: Congregate Residence: Any building or portion thereof that contains facilities for living, sleeping and sanitation and may include facilities for eating and cooking for occupancy for other than a family. A congregate residence may include a boarding house, but does not include a group home I or II, convalescent center, jail, hotel, motel or secure community transition facility. 4 ORDINANCE NO. Convalescent Centers: Facilities for patients who are recovering health and strength after illness or injury, or receiving long-term care for chronic conditions, disabilities, or terminal illness where care includes ongoing medical treatment, including hospice, and extended care facilities. This definition foes not include retirement residences, adult family homes, group homes I and II, medical institutions, or secure community transition facilities. SECTION XI. Section 4-11-070 of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by changing the following definitions, to read as follows: Group Home I (Rehabilitation): A facility or dwelling unit housing persons, unrelated by blood or marriage and operating as a group facility household. A rehabilitative group home may include halfway houses and substance abuse recovery homes. This definition does not include congregate residential and secure community transition facilities. Group Home II (Protective Residency): A facility or dwelling unit housing persons, including resident staff, unrelated by blood or marriage and operating as a group family household. Staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible. A protective residency may include disabled (mentally and physically) persons, foster child care, abused women shelter, orphanages and other uses where residents are deemed vulnerable and/or disabled and are not a threat to self or to public health or safety. This definition does not include congregate residential or secure community transition facilities. SECTION XII. Section 9-11-190, Definitions "S," of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General 5 ORDINANCE NO. Ordinances of the City of Renton, Washington" is hereby amended by adding the following 4000 definition, to read as follows: Secure Community Transition Facility (SCTF): A residential facility for persons civilly committed and conditionally released to a less restrictive alternative under RCW 71.09. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Each SCTF shall provide on-site dining, on-site laundry or laundry service, and on-site recreation facilities to serve the residents. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under RCW 71.09 and operated by or under contract with the Washington State Department of Social and Health Services. SECTION XIII. This ordinance shall be effective upon its passage, approval, and *4004 five days after publication. PASSED BY THE CITY COUNCIL this day of , 2002. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2002. Jesse Tanner, Mayor 6 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1000:7/8/02:ma 7 VIMII\ o N U r� Z Q 2 2 d a a Cl. a. 2 0_ d O O U a 2 a 2 a a a 0_ d a 2 d LU 0 U 0 0 4,2 2 aaaa a Qa 2a C < , zQ Z U 0 < I I OM. aaa a < a 2 aaa. a.. a N J (5. N UUIX < I I a.a. a. 0_ Qa 2d0 < W Z N N NNN co N OOL() UQ a < Q aa02 = Q a a 2 < U I,- C..) E. 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I w Li.N Z O N m Q 2 I a I >- a U Q c Q 2 I 2 C4 re Q 2 2 Ti: 2 C.) 2 I a a I V C O 'a '° w E C o _aN C Z CO cn g maw E CC 0 U w N E W 4-- C L (i)J U 'U 'U O O a - 2 co O O O N ,_ Q ° 7 C C O 4 N O ` O a) ca ,410 a) E F- ac) ' E E ° U aci ac) ti 0 m - c j -� m N W CA C y O 'O a) w cn = y _c c O ui 6- Es cn c W v c O m > , U) U) CO CO U a) a) •� > N y _U c COC v) Z' J MI N c ro <a CO u) Z 0 O O C &= IP LL N N Vi CO H rD x0 .0 c0 j 0 co C O N A Q) Q) .0 = V L w .-. a) (-2 - - U V O CO ' = '� L a) O• O a) ' N .O .-'i n O a) a) c L L NDUU --) 0 cn = 02O > - 4mow 1ci ci - >> EXHIBIT B 4-2-070L COMMERCIAL ARTERIAL (CA) USES: TYPE: City government offices AD AGRICULTURE AND NATURAL City government facilities H RESOURCES Other government offices and H Natural resource extraction/recovery H facilities Secure transition community facilities H71 ANIMALS &RELATED USES Kennels, hobby AC#37 OFFICE AND CONFERENCE Pets, common household,up to 3 per AC Conference Center P#38 dwelling unit or business Medical and dental offices P establishment Offices, general P Veterinary offices/clinics P RESIDENTIAL Attached dwelling P#18 RETAIL Adult retail use P#43 OTHER RESIDENTIAL,LODGING AND Big-box retail P HOME OCCUPATIONS Drive-in/drive-through, retail AC Group homes I H Eating and drinking establishments P Group homes II for 7 or more H Horticultural nurseries H Home occupations AC#6 Retail sales P _ Retail sales, outdoor P SCHOOLS Taverns P K-12 educational institution(public or H#9 Vehicle sales, large P#41 private) Vehicle sales, small P K-12 educational institution(public or P#9 private), existing ENTERTAINMENT AND RECREATION Other higher education institution P Entertainment Schools/studios,arts and crafts P Adult entertainment business P#43 Trade or vocational school H Cultural facilities AD Dance clubs P PARKS Dance halls P Parks,neighborhood P Card room P#52 Parks,regional/community, existing P Gaming/gambling facilities, not-for- H Parks,regional/community,new AD profit Movie theaters P OTHER COMMUNITY&PUBLIC Sports arenas, auditoriums, exhibition P FACILITIES halls, indoor Community Facilities Sports arenas, auditoriums, exhibition AD Cemetery H halls, outdoor Religious institutions H Recreation Service and social organizations H Recreation facilities, indoor P Public Facilities Recreational facilities,outdoor H TYPES: Blank=Not Allowed P=Permitted Use P#=Permitted provided condition can be met AC=Accessory Use AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) Uses may be further restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions; RMC 4-3-050.C,Aquifer Protection Regulations; RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts,and RMC 4-3-090, Shoreline Master Program Requirements. EXHIBIT C 4-2-070Q INDUSTRIAL MEDIUM (IM) *41110 USES: TYPE: OFFICE AND CONFERENCE AGRICULTURE AND NATURAL Conference Center P#38 RESOURCES Medical and dental offices P#38 Natural resource extraction/recovery H#59 Offices, general P#13 Veterinary offices/clinics P#38 ANIMALS& RELATED USES Kennels P#37 RETAIL Kennels,hobby AC#37 Adult retail use P#43 Pets,common household,up to 3 per AC Big-box retail P dwelling unit or business establishment Drive-in/drive-through,retail AC Eating and drinking establishments P OTHER RESIDENTIAL,LODGING AND Horticultural nurseries H HOME OCCUPATIONS Retail sales P#34 Caretaker's residence AC Retail sales, outdoor P#30 Vehicle sales, large P SCHOOLS Vehicle sales, small P K-12 educational institution(public or H private) ENTERTAINMENT AND RECREATION K-12 educational institution(public or P#9 Entertainment private),existing Adult entertainment business P#43 Other higher education institution P#38 Cultural facilities AD 44400 Schools/studios, arts and crafts P#38 Dance clubs P#38 Trade or vocational school P Dance halls P#38 Card room P#52 PARKS Gaming/gambling facilities, not-for- H#29 Parks, neighborhood P profit Parks,regional/community, existing P Movie theaters P#38 Parks, regional/community,new AD Sports arenas, auditoriums, exhibition P#38 halls, indoor OTHER COMMUNITY&PUBLIC Sports arenas, auditoriums, exhibition P#38 FACILITIES halls, outdoor Community Facilities Recreation Cemetery H Recreation facilities, indoor P#38 Religious institutions H Recreational facilities, outdoor P#32 Service and social organizations H Public Facilities SERVICES City government offices AD Services, General City government facilities H Hotel P#38 Other government offices and facilities H Motel P#38 Secure transition community facilities H71 Off-site services P#38 TYPES: Blank=Not Allowed P=Permitted Use P##=Permitted provided condition can be met AC=Accessory Use AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) IMO Uses may be further restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions; RMC 4-3-050.C,Aquifer Protection Regulations; RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts,and RMC 4-3-090, Shoreline Master Program Requirements. EXHIBIT D 4-2-070R INDUSTRIAL HEAVY (IH) USES: TYPE: OFFICE AND CONFERENCE AGRICULTURE AND NATURAL Conference Center P#38 RESOURCES Medical and dental offices P#38 Natural resource extraction/recovery H Offices, general P#13 Veterinary offices/clinics P#38 ANIMALS & RELATED USES Kennels P#37 RETAIL • Kennels, hobby AC#37 Adult retail use P#43 Pets, common household,up to 3 per AC Big-box retail P dwelling unit or business Drive-in/drive-through, retail AC establishment Eating and drinking establishments P Horticultural nurseries H OTHER RESIDENTIAL,LODGING AND HOME Retail sales P #34 OCCUPATIONS Retail sales,outdoor P#30 Caretaker's residence AC Vehicle sales, large P Vehicle sales, small P SCHOOLS K-12 educational institution(public or H ENTERTAINMENT AND RECREATION private) Entertainment K-12 educational institution(public or P#9 Adult entertainment business P #43 private), existing Cultural facilities AD -)ther higher education institution P#38 Dance clubs P#38 schools/studios, arts and crafts P#38 Dance halls P #38 Trade or vocational school H Card room P #52 Gaming/gambling facilities,not-for- H #38 PARKS profit Parks, neighborhood P Movie theaters P#38 Parks,regional/community,existing P Sports arenas, auditoriums, exhibition P #38 Parks, regional/community,new AD halls, indoor Sports arenas,auditoriums, exhibition P#38 OTHER COMMUNITY& PUBLIC FACILITIES halls, outdoor Community Facilities Recreation Cemetery H Recreation facilities, indoor P #38 Religious institutions H Recreational facilities, outdoor P #32 Service and social organizations H Public Facilities SERVICES City government offices AD Services, General City government facilities H Hotel P #38 Other government offices and H Motel P #38 facilities Off-site services P#38 Secure transition community facilities H71 On-site services P #38 Drive-in/drive-through service AC#62 TYPES: Blank=Not Allowed P=Permitted Use P#=Permitted provided condition can be met AC=Accessory Use AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-050.C,Aquifer Protection Regulations; RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts,and RMC 4-3-090,Shoreline Master Program Requirements. EXHIBIT E SECTION 4-4-080.F.10.e INDUSTRIAL/STORAGE ACTIVITIES: Airplane hangars, tie-down Parking is not required. Hangar space or tie-down areas: areas are to be utilized for necessary parking. Parking for offices associated with hangars is 1 per 200 square feet. Manufacturing and fabrication, A minimum of 0.1 for each 100 square feet of laboratories, and assembly gross floor area and no more than a maximum of and/or packaging operations: 0.15 spaces per 100 square feet of gross floor area (but to include warehousing space). Self service storage: 1 for each 3,500 square feet of gross floor area. Maximum of three moving van/truck spaces in addition to required parking for self service storage uses in the RM-I Zone. Outdoor storage area: 0.05 for each 100 square feet of area. 4140 Warehouses and indoor storage 1 for each 1,500 square feet of gross floor area. buildings: PUBLIC/QUASI-PUBLIC ACTIVITIES: Religious institutions: 1 for each 5 seats in the main auditorium, provided that spaces for any church shall not be less than 10. For all existing churches enlarging the seating capacity of their auditoriums, 1 additional parking space shall be provided for each 5 additional seats provided by the new construction. For all churches making structural alterations or additions which do not increase the seating capacity of the auditorium, see "Outdoor and indoor sports arenas, auditoriums, stadiums places of public assembly, movie theaters, and entertainment clubs." Medical institutions/and secure 1 for each 3 beds, plus 1 for each staff doctor,plus transition community facilities: 1 for each 3 employees. 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U • h 't� — •- tea' ti �. a ° o .� a E a' U a > c O N 4, .b 'C Y bo U -p b0 r- 3w a . ° ' 0K o o0 a • w cd > 0 E 'b o ,..> R. .a 0, •5 4- yy cr a �, O a' . o'aop ,. .o v a' d E . k .0ri d c .E .E a' c a c 'a' �112 0 0 0 ^ M 0 -- i id c w w M o •-R w N c'd o ., o .a' 3 G a' uan 0 �t E b 0 0 a�i -ci o > > F.o 2 U a cd o A A 'y cU.) o at o al r-76 0 .a p7w° 'a0 0 3 t00 <, wz ..a0b o E-' 3 •c'i en• v o� w 0 0 <4 vi 6 0 c� ad a: O Z JUL. -15' 02 (MON) 15: 38 KENT PLANNING TEL: 253 850 2544 P. 002 STATE AGENCIES REVIEWING DEV REGS Revised September 13, 2001 Cities and counties need to send their development regulations to the agencies' representatives, as listed below, at least 60 days ahead of adoption. Adopted development regulations should be sent to Washington State Office of Community Development (OCD) immediately upon publication, as well as to any state agencies that commented on the draft regulation. A jurisdiction does not need to send its regulation to the agencies which have been called ahead and that have indicated the local plan will not be reviewed. The jurisdiction should keep a record of this contact with state agencies and the state agencies response. Elizabeth McNagny Lori Ochoa Department of Social and Health Services Department of Ecology Post Office Box 45848 Post Office Box 47600 Olympia, Washington 98504-5848 Olympia, Washington 96504-7600 (360) 902-6164 Fax: 902-7889 (360) 407-6422 Fax: (360) 407-6904 Email: mcnagec@dshs.wa.gov Email: loch461@ecy.wa.gov Millard Deusen Tim Ransom Department of Fish and Wildlife Puget Sound Water Quality Action Team Post Office Box 43155 Post Office Box 40900 Olympia, Washington 98504-3155 Olympia, Washington 98504-0900 (360) 902-2562 Fax: (360) 902-2946 (360) 407-7323 Fax: (360) 407-7333 Email: deusemsd@dfw,wa,gov Email; transom@psat.wa.gov Holly Gadbaw Bill Wiebe ,41100 Washington State Office of Community Department of Transportation Development Post Office Box 47300 Post Office Box 48350 Olympia, Washington 98504-7370 Olympia, Washington 98504-8360 (360) 705-7966 Fax: 705-6813 • (360) 725-3048 Fax: (360) 753-2950 Email: wiebeb@wsdot.wa.gov Email: hollyg@cted.wa.gov Anne Sharar V Linda Glasier Department of Natural Resources Department of Corrections Post Office Box 47001 Post Office Box 41112 Olympia, Washington 98504-7001 Olympia, Washington 98504-1 1 1 2 1360) 902-1739 Fax: (360) 902-1776 (360) 753-6547 Fax; (360) 586-8723 Email: anne.sharar@wadnr.gov Email; Icglasier@docl .wa.gov Peter Beaton Department of Health Division of Drinking Water Airdustrial Center, Building 3 Post Office Box 47822 Olympia, Washington 98504-7822 (360) 236-3150 Fax: (360) 236-2252 Email: Peter.Beaton@doh.wa.gov Nod S;1GMU1Lists for GMU\State Agencies Reviewing Dev Regs.doc Last updated September 13, 2001 St I \ SW 1''hi St "), era _ �, ft j 1 J rRentan(Vil!aqe 'VE, �' 5. _ S hist \ ",.../. , peY�,\ \ ' 'tr'PAIL'''' ' I — r h ,t. h 1rn /„''' V \ ' • S 1 _rc / iiII � IRV S........"'''''''''''''')i iW ,_ � 3 r. a r 1 �!. ,. r L` IS .,. ..�.f ,, \ �\ 7 j. , ) ! I i t i; '..` SK 878 r 1 ..87.0 _, 1 , lI �`' ,,w.ew SWZit 't t 1 aI ,, pl, w I, i i — 11; SSW.01h St: : '• ,. �� —� . , , ate Dr N 6 f rl _ m t DrS �� •� `h I ri:ni„,., !' ., , 5146� .� Dl d Or ` M f IL am _ 60.007 12.0490106 a7 _ i%• 8tn Intl NV [ L __ .0.944 4.141 - --J1 i w - 11 _ 5''•' IM IM s }y o 8 I 7 ' 3.036 4.797-,.. i / r." o 1.1. 1 d. — . IM d r*" 37.873 i , ., - H. •W 43, , ti‘ i 1 1 4r; e �I a If l \; i • j ' / I II rr U11 --(I `lr !'. Renton SCTF 1500••...••........3000 C JO ft. buffer 1 : 18000 IL-Industrial Light IM-Industrial Medium I IH-Industrial Heavy I I DSHS identified at-risk parcel ♦®• Economic Development/Neighborhoods/Strategic Planning Wetlands I1 600 ft.buffer from DSHS identified at-risk parcels � Sue Carlson, Administrator —G. Del Rosario — City Limits Identified trail T• 21 August 2002 Proposed Strander Extension [ I 600 ft.buffer from identified trails 'Area excludes wetlands and is shown in acres \/ \ I � - S 15,1st\ - St , .'"ri 1, \ ,Jai ILI IIA ILI % 0.014 0.30E —C1:31$- -'164°--\MIL -,y l S 1 r 27--00, '- —. } I I , I 12-1 , lI \ \___,,j ___ VIj �-_ - )' U� OAtE 3 T .. '� 44 I"21, 1, EJEY l ,,,_-__-6 4:1 I � _ I W E.k 2 -- r I I i- / ,.___L_. LI 3EEM 9 tsota tEa1s ■ -II �\J 1�_ I i', �� fAV 1 v col — tl 4 1, I W / r r- �nr N M ' K, ' _ ' a IL �.w _n Dr C p r �4 cI 1 r a I ¢I 1 /:ItT9 - II_ , 4 GA 778E I (0.]40 R A./T�—j I i II 7 70.102 / ' .:: ''''' /1/1a r r_— Jdt' MI" • ea , ' I. 1 Y M _ 0. 1 I y 1---_,1_ ESI syN L- 1 2 It 0 Ne Ih Sl i F A 4'r:.. -• � ,1 ��'. �e3� �� ``i 2 si, t ( 1 Renton SCTF 1500 3000 1p 3 0 ft. buffer r CA-Commercial Arterial 1 10000 1 IL-Industrial Light 1 IM-Industrial Medium -`` Aa IH-Industrial Heavy DSHS identified at-nsk parcel /• Economic Development/Neighborhoods/Strategic Planning Wetlands (_ I 330 ft.buffer from DSHS identified at-nsk parcels .,'0 1= Sue Carlson, Administrator J• c. oe1 RoEarlo — City Limits Identified trail ,t• 12 July 2002 momp Proposed Strander Extension 1 1 330 ft.buffer from identified trails 'Area excludes wetlands and is shown in acres \ . . 1 . kt'I L_ , ., -) 1 L,, 4 , el- �„y •.r, oe - a C is — �� �i - I •�l IL , \ ii 1 F— -''ip4ee��< i 32EG1 _�— a pry<, ILi ice— St#271n at q „ r o �!u I f� 0.aoa1 reDrN G y e., y nLfi L A �` IJ Al345 — I 1 1 iz , ,v 4 a i 3 05, y.1.1801 a s e'. '1 ,2''42 --.. _... mi i ,. i / 1 Renton SCTF 0 ii 1500 3000 1 000 ft. biffer CA-Commercial Arterial 1 : 10000 L_ e -Industrial Light ] IM-Industrial Medium RIIII IH-Industrial Heavy I DSHS identified at-risk parcel Q 12 July 2002 Economic Development/Neighborhoods/Strategic Planningmew Wetlands——— F. 1000 ft.buffer from DSHS identified at-risk parcels Sue Carlson,Administrator City Limits Identified trail mum G. Del Rosario Proposed Strander Extension I I 1000 ft.buffer from identified trails 'Area excludes wetlands and is shown in acres (1110 '41 moo 1014 I 1471, ''t, 5i PIW L •...',*- 11111111 ' er-• I, ) wtrhdy ., ,, ‘'-•,-,,--:- • . ...009. , $ Oa ( Ell sensitive_parcel /111 ..,./ iF . 111111ie a . ---,._1 1 'j,;.,ic.. "',. j _.. 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"--- -< lir -7.''''''r.1-- C!_' ..1 ,., 10-* r •F`r 'WO- "V, ''' .0...., i-,, ol . 4:44 .4..,, 0 - I J ..._ ,..1.1"..,.., ,,,_6 \ '., ,, z-,-7:,„.‘.1•9•Xtii,\ . ....P.-"41 SCTF Risk Locations Data provided by DSHS r 09/16/02 MON 12:36 FAX 360 902 8497 DSHS/DDD/ITEIP 423002 ,stare 4 ' fili f. 1I,S 19P9 l'pY r.... STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES PO Box 95322 • Olympia WA 98504.5322 September 16, 2002 City Council City of Renton P.O. Box 896 Renton, Washington 98045 RE: Amendments to Renton Ordinance 4260, "Code of General Ordinances of the City of Renton, Washington," regarding the siting of Secure Community Transition Facilities Dear Council Members: Thank you for the opportunity to comment on the proposed amendments to the City of Renton's development regulations. The draft ordinance circulated to state agencies on July 19, 2002 and distributed to the Renton Planning Commission on August 7, 2002 showed SCTFs permitted as a Hearing Examiner Conditional Use process in the commercial arterial (CA), industrial medium (IM) and industrial heavy (IH) zoning districts. The comments that we provided in our letter dated September 4, 2002 were based on that draft, but with the understanding that the commercial arterial (CA) zoning district was being replaced with the light industrial (IL) zoning district. The comments in this letter are on the draft ordinance dated September 12, 2002, which was based on the Renton Planning Commission recommendation as revised by staff and the Renton City Council's Planning and Development Committee. Conditions for Siting SCTFs. Section V of the proposed ordinance would add Note 71 to Title 4, Chapter 2,"Land Use Districts, Section 4-2-080, Conditions Associated with Zoning Use Tables." Note 71 would allow SCTFs only in the Employment Area Valley (EAV) land use designation south of 1-405, subject to a number of conditions. • Maximum Number of Residents. Note 71.a. would limit the number of residents in a secure community transition facility to a maximum of six persons, excluding resident staff. Section 78.35.1.e. of the City's proposed draft SCTF regulations states that no SCTF shall "[h)ouse more than six persons, excluding resident staff. Any increase in the number of resident beds shall require an entirely new application." As required by RCW 71.09.250(6)(a), DSHS has projected a need for a maximum of 15 beds in King County between now and 2007. At this time DSHS has not made a final determination on plans for a facility in King County. Many factors need to go into the facility planning including location, site characteristics, SCC census 09/16/02 MON 12:37 FAX 360 902 8497 DSHS/DDD/ITEIP ( 1003 Renton City Council September16, 2002 Page 2 projections, capital and operational costs, etc. An option proposed by the department to the Governor is to site a 12-bed facility designed as two six-bed buildings on one site, with the construction of the second six-bed building to be completed when needed. If the City is saying that it would allow a 6-bed facility, with the possibility of expansion to 12 beds at some point in the future, that would meet the department's current needs. If the intent were to limit the size of the facility to no more than six beds, with no option for expansion, the department would object. Determining the size of a SCTF is within the scope of the department's decision- making authority granted by the legislature. There is no reference in the law that gives local jurisdictions the authority to limit the size of the facility. The department encourages you to remove the limitation on facility size from the City's proposed ordinance. • Separation from Residential Zones. Note 71.b. would not allow an SCTF to be sited within 330 feet of any residential zone or residential use, located within or outside the City limits. We have no objection to siting a SCTF in an industrial zone, or to limiting siting to the Employment Area Valley (EAV) land use designation south of 1-405, or to further defining the area available by removing a 330-foot wide strip of land wherever an industrial district borders a residential zoning district. Our concern is whether the requirement that no SCTF be allowed within 330 feet of any residential zone would be so limiting that it could actually preclude the siting. RCW 36.70A.200(5) states that no local comprehensive plan or development regulation may preclude the siting of essential public facilities, including SCTFs. We understand that the City has conducted geographic analysis to determine the amount of land available for siting SCTFs after removing areas likely to be affected by risk potential facilities and activities. If it has not already done so, we would encourage the City to calculate the number of parcels that would be available if a 330-foot buffer from residential zoning districts, both within and outside the City, is added to the areas removed due to the proximity of risk potential facilities and activities. The department does not object to this provision, provided that the City is confident that an adequate number of parcels meeting the state siting criteria would remain available. Risk Potential Activity or Facility. For clarity, we suggest revising the first sentence in Note 71.c. slightly to read as follows: Be allowed adjacent to, abutting, across a parking lot from, or within the line of sight of a "risk potential activity" or"risk potential facility" as defined in RCW 71.09.020, now or as hereafter amended, that is in existence at the time a site is listed for consideration. • Separation of One Mile From Any Existing Secure Community Transition vise Facility or Correctional Facility. It is our understanding that Note 71.d. implements the city's equitable distribution policy. This condition would require a 09/16/02 MON 12:37 FAX 360 902 8497 DSHS/DDD/ITEIP Z 004 Renton City Council September16, 2002 Page 3 one-mile separation between an SCTF and any existing SCTF, work release, prerelease, or similar facility. RCW 71.09.250(8) requires cities and counties to consider equitable distribution in coordinating and deciding upon the siting of secure community transition facilities. RCW 71.09.250(9) defines equitable distribution. Our concern here is whether a separation of one mile limits the area available for siting an SCTF to the extent that siting a facility is precluded, If it has not already done so, we suggest that the city conduct additional geographic analysis before making this requirement to be sure it is not preclusive, and to limit the facilities to those operated by the department of corrections or the mental health division of the department of social services. Thank you for the opportunity to comment on the proposed designation and siting process for essential public facilities and your proposed regulations for secure community transition facilities. The department appreciates the response of the City of Renton's Planning Commission, Economic Development, Neighborhoods, and Strategic Planning Department staff, and City Council's Planning and Development Committee to the concerns raised in our letter of September 4, 2002. As stated in Secretary Braddock's letter of June 20, 2002, the department intends to follow a local jurisdiction's adopted process and regulations for siting SCTFs unless the process and regulations do not comply with the law. If the department were siting a facility in Renton, we would attempt to comply with the City's development regulations and policies for siting secure community transition facilities and essential public facilities If you have any questions concerning our comments, please do not hesitate to contact me at (360) 902-8257, or Elaine Taylor, Land Use Administrator for Secure Community Transition Facilities, at (360) 902-8184. Sincerely, gu6s3A7 Beverly K. i on Associate Superintendent for Community Programs Special Commitment Center c: Renton Planning Commission Rebecca Lind, City of Renton Holly Gadbaw, DCTED s sTATg o ; U 2 3 2002 144 1889skew STATE OF WASHINGTON OFFICE OF COMMUNITY DEVELOPMENT 906 Columbia St. SW • PO Box 48350 • Olympia, Washington 98504-8350 • (360) 725-2800 August 20,2002 The Honorable Jesse Tanner Mayor,City of Renton 1055 South Grady Way Renton, Washington 98055 Dear Mayor Tanner: Thank you for sending the Washington State Office of Community Development(OCD)your proposed amendments to the Renton Municipal Code regarding the siting of secure community transition facilities (SCTFs). We recognize the investment of time,energy,and resources that these amendments represent. This letter summarizes our comments. The Growth Management Act was amended to include SCTFs as essential public facilities. This means that SCTFs cannot be precluded from your community and a process for siting these facilities needs to be provided according to the requirements set forth in the law. Another requirement of the statute is that local government siting criteria for SCTFs cannot be more restrictive than those included in RCW 71.09.285 through 71.09.340. We recommend that you review your proposed regulations to ensure that your criteria are not more restrictive than the state statute and that the effect of these criteria does not preclude the siting of these facilities in your city. We also encourage you to work with the Department of Social and Health Services (DSHS)as you finalize your ordinance. If you have any questions or concerns about these comments or any other growth management issues, please call me at(360)725-3064 or call Ike Nwankwo at(360)725-3056. We extend our continued support to the City of Renton in achieving the goals of growth management. Sincerely, Anne Fritzel Growth Management Planner Growth Management Services AF:lw cc: Rebecca Lind,Planning Manager, City of Renton Beverly Wilson,Associate Superintendent for Community Programs, Special Commitment Center Ike Nwankwo,Manager, Technical and Financial Assistance Programs, OCD Q 18 i4, Cerdpitirl- p54-16 3 bty,t / Y The department is planning to site one 12-bed facility in King County. The facility would be designed as two six-bed buildings on one site, with the construction of the second building to be completed when needed. Building and operating four three-bed facilities instead of one 12-bed facility would nearly double the capital costs and increase ongoing annual operating costs by 46 percent. These increases would be on top of an already expensive program. The operating costs of one three-bed facility—after the initial startup expenses in the first two years — would be an estimated $1.068 million per year. The 12-bed facility would be an estimated $2.936 million per year. It would cost an additional $1.336 million per year to house 12 residents in four facilities instead of one. In establishing state operating and capital budgets, the legislature must make decisions based on a prudent use of the state's resources. Restricting the size of the secure community transition facility to three beds, which would require siting four facilities on four sites, is clearly not a prudent use of resources. Such a restriction on the facility size by local jurisdictions would appear to be designed to be preclusive. It would greatly elevate the cost without any analysis and justification to show that the increased cost is essential to and enhances public safety. Determining the size of a SCTF is within the scope of the department's decision-making authority granted by the legislature. Using a reference to RCW 71.09.255(2)(c), which states that the minimum size facility is three beds, to justify the City's proposed size limitation is an incorrect application of the law. Please note that RCW 71.09.255 pertains to incentive grants to local jurisdictions for planning for the siting of SCTFs. A minimum size is not a maximum size. There is no reference in the law that gives local jurisdictions the authority to limit the size of the facility. The issue of equitable distribution of SCTFs is addressed in RCW 71.09.250(8). The following is a key statement in this section: In coordinating and deciding upon the siting of secure community transition facilities, great weight shall be given by the county and the cities within the county to...[the number and location of existing residential facility beds operated by the department of corrections or the mental health division of the department of social and health services and the number of registered sex offenders classified as level ll or level Ill and the number of sex offenders registered as homeless in each jurisdiction in the county]..." A plain reading of this section makes clear the legislature's intent for the county and cities within the county to work closely together and with the department to determine where facilities are most appropriately sited. It does not suggest that local jurisdictions have the right to determine the size of the facilities, but rather where the facilities would be most appropriately located to avoid an undue burden on a community that may already have a significant number of mental health and correctional residential facilities or registered sex offenders. In directing each county and the cities within the county to work together, the legislature recognized that the equitable distribution of SCTF requires coordination across jurisdictions. If each jurisdiction, looking only to its own jurisdiction, were to develop an "equitable distribution" policy that arbitrarily limits the size of the facility with the effect of significantly increasing the cost, the result would not be equitable distribution of facilities, but preclusion. Jurisdictions that make such unilateral decisions —with no consultation from other jurisdictions in the county and with the department—are clearly not planning for the siting of SCTFs consistent with the state law. In directing each county and the cities within the county to work together, the legislature recognized that the equitable distribution of SCTF requires coordination across jurisdictions. If each jurisdiction, looking only to its own jurisdiction, were to develop an "equitable distribution" policy that arbitrarily limits the size of the facility with the effect of significantly increasing the cost, the result would not be equitable distribution of facilities, but preclusion. Jurisdictions that make such unilateral decisions—with no consultation from other jurisdictions in the county and with the department—are clearly not planning for the siting of SCTFs consistent with the state law. We would encourage the county and cities to develop a coordinated equitable distribution policy consistent with the requirements of RCW 71.09.250(8). If that were done, it would then be appropriate to require the department to demonstrate compliance with the policy. We suggest the following revision to your revision. This wording assumes the existence of a countywide coordinated policy: No facility shall house more than the number of persons allocated to King County pursuant to RCW 71.09.250(6)(a). DSHS must demonstrate that the facility is in compliance with the siting criteria of chapter 71.09 RCW, including the equitable distribution policy established by King Co and the cities within the county pursuant to RCW 71.09.250(8). If the City of Renton determines that it is not feasible or likely that the county and cities will develop a coordinated equitable distribution policy, then we suggest the following wording: No facility shall house more than the number of persons allocated to King County pursuant to RCW 71.09.250(6)(a). DSHS must demonstrate that the facility is in compliance with the.siting criteria of chapter 71.09 RCW. The department strongly encourages the City of Renton to remove the limitation on facility size from your proposed code. (,' one;, -Korn 1)5°6 c'h ,' c'6 RCW 71.09.285 states that"in no case shall the [DSHS] policy guidelines permit location of a facility 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 a site is listed for consideration." It goes on to define "within the line of sight" as meaning "that it is possible to reasonably visually distinguish and recognize individuals." DSHS recently completed field tests to determine what linear distance is a reasonable measure of an unobstructed line of sight. In our tests, we determined that an individual might reasonably visually distinguish and recognize other individuals who are standing within 600 feet, assuming the terrain is unobstructed. We suggest that you amend your proposed ordinance with wording something like this: In no case shall a secure community transition facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk potential activities or facilities in existence at the time a site is listed for consideration. 'Within line of sight" means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community transition facility, the Town Council shall consider an unobstructed visual distance of 600 feet to be "within line of sight." Through the Conditional Use Permit process, "line of sight" may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than 600 feet. Planning Commission Minutes Page 7 August 7,2002 downtown, or if the policy remains, a definition/inventory of these attributes is needed for implementation. Commissioners asked what"superior urban design" in Policy DT-25 means and questions whether it might raise interpretation issues. Staff said that a code amendment would need to be written to implement that policy. Staff will review the policy. Downtown Element—Parking. Proposal is to eliminate a portion of policy DT-32 that advocates for maximum parking standards in the Downtown. In response to Commissioner's question, there are no provisions for employers to provide parking for employees in the downtown core. Staff said that a code amendment would be coming to the Commission for review shortly that imposes a parking standard in the downtown core and takes away the parking exempt zone. The new downtown-parking garage will have a number of stalls open to the general public and a number of stalls that will hopefully be leased by local businesses for their employees. Continuing with the parking section, policy DT-34 clarifies employee parking vs. customer parking conflicts, and DT-35 creates a hierarchy for loading/delivery areas, i.e. alleys, off-street area, and city-designated on-street loading zones. Two new policies are added to 1)direct residential parking standards to urban market demand, and 2)alley access maintenance for on-street parking. Downtown Element—Streetscape Design. Propose that policy DT-45 be revised to move the western edge of the pedestrian scale area from Burnett to Shattuck Avenue. Two new policies are added to: 1)direct development of a series of interrelated streetscapes for the Downtown Core and surrounding districts; and 2) streets should be designed to be attractive and functional for traffic circulation. Emphasis is given to integrate all modes of travel. The sections Building Design, Urban Amenities and Economic Development/Marketing include minor edits and/or better clarify a policy. No new policies were proposed for these sections. Title IV Revision—Security Community Transition Facilities Ms. Lind said that a representative from the State DSHS office is present this evening to talk with the Commission about the history of the Security Community Transition Facilities issue. This evening's discussion is only a briefing, as this issue will go to the City Council for referral or decision whether to adopt an ordinance or not regarding this facility. She said that the City might decide to have the State go ahead and be the lead agency in the siting process. Staff's recommendation is for the City Council to enact an ordinance that designates three zones in the City's valley(Commercial Arterial, Medium Industrial, and Heavy Industrial zones) for this use. Ms. Lind said that cities have gotten together and"borrowed" language from one another, and the language in the first ordinance draft is very similar to the neighboring communities. DSHS has recently sent a review comment letter to Tukwila(Commission received a copy of the letter), and we need to read it carefully. Additionally, DSHS sent an e-mail to Ms. Lind regarding"line of sight"issue. Renton proposed:the facility house no more than 3 persons excluding the residential staff, that these uses not be allowed within 330' of a residential use; that the facility not be allowed adjacent to, abutting, across a parking lot from, or within the line of sight from a"risk potential activity"to a specific list; nor be located within one mile from any existing SCTF, work release, pre-release, or similar facility; and require seven additional conditional use permit review criteria. Elaine Taylor, Department of Health and Social Services, Olympia,WA, said that this issue of the Security Community Transition Facility(SCTF)has come up because of the 1990 Community Protection Act, which created the special center on McNeil Island and currently houses 159 residents in the special commitment center with 9 residents in less restrictive alternative housing and others in various civil commitment facilities. These are not prisoners, but people who have served their prison terms and have been released. Those going to less restrictive alternative housing have successfully completed their treatment program,which consists of 6 phases before getting back into society. Ms.Taylor continued by stating that the State of Washington is under a Federal court order and has been accruing fines of$50/person/day, now totaling over$5 million. The court has said that the fines will not be repaid as long as the State is making progress in getting a facility sited on the main land. DSHS tried to site a SCTF about a year and a half ago in Yakima and Walla Walla counties on state-owned land, and time after time,were run out of town by angry residents. Through legislation (ESSB 6594), six counties and their cities are subject to pre-emption as of October 1, 2002, if they fail to enact regulations that allow the siting of SCTFs. King County is one of the counties, and Renton is one of the cities subject to that requirement. The new Planning Commission Minutes Page 8 August 7,2002 legislation states that local regulations cannot be more restrictive than the section of state law that covers siting, facility, staffing, security, operations and public participation. While September 1st is the actual deadline, there is a grace period of one month as long as cities are moving forward. The State has another court hearing on December 10th, 2002,when they must show progress is being made. King County can site more beds than any place else—up to a maximum for 15. There are 41 people from King County who have been sent to the special commitment center as of 4/1/01. Because King County has the highest percentage of people in the center, it has the highest proportion to take. The State is looking for two 6-bed facilities. When 3-bed facilities are scattered around, it becomes much more expensive to operate. Jurisdictions have the options to locate the facilities in certain zones, or a part of a zone. It is tricky to place a buffer between residential uses, because a use can change more easily than the zone. In response to Commissioners, Ms. Taylor said that a 1 or 2-bed facility is not allowed—it must be at least a 3- bed facility,which uses a lot of tax dollars. Additionally, the people going to the facility petition to go to a facility and are called Level 3 offenders. While the state is now providing mental health treatment on McNeil Island for the people in the special commitment center, there has to be a place to go once the program is completed and it is time to re-enter back into the community. Commissioners noted that there are already Level 3 sex offenders within the community and it was suggested that if it costs $250,000/person, why not just pay the fine. Ms. Taylor said that at any time the Judge can increase the fines or she can lose patience with Washington State, or the state can be accused of illegally keeping the people as prisoners when they have civil rights and need to be let out. Commissioners noted that these folks are not going to change and the legal system has not caught up with this problem. Another suggestion was mandatory impotent drugs or castration, and if Walla Walla fought off the siting of the facility, then Renton needs to take the issue on. (Mr. Ledbury left the meeting at 10:00 p.m.) Staff said that no decision would be made tonight on the SCTF as Council will review and most likely refer it on to the Commission. The Commission will then deliberate and make a recommendation at its next meeting, August 21st 8. COMMISSIONER DELIBERATION/RECOMMENDATION: None. 9. COMMISSIONER COMMENTS: None. 10. ADJOURNMENT: There was unanimous consent to adjourn. The meeting adjourned at 10:10 p.m. Becky Lemke, Chair Rosemary Quesenberry, Secretary FINAL BILL REPORT ESSB 6594 C68L02 Synopsis as Enacted Brief Description: Implementing the recommendations of the joint select committee on the equitable distribution of secure community transition facilities. Sponsors: Senate Committee on Human Services & Corrections (originally sponsored by Senators Carlson, Costa, Hargrove and Long; by request of Jt Select Comm on the Equitable Distrib of Secure Community Transition Facil). Senate Committee on Human Services & Corrections Senate Committee on Ways & Means House Committee on Criminal Justice & Corrections House Committee on Appropriations Background: In 2001, the Legislature passed 3ESSB 6151. The bill was enacted and became effective June 26, 2001. The act established the Joint Select Committee for Equitable Distribution of Secure Community Transition Facilities (Committee). The Committee was charged with reviewing and making any necessary revisions to the provisions for equitable distribution of secure community transition facilities (SCTFs) and sections 213 through 218 and 222 of the act, which establish the basic siting and operating criteria. The Committee was also charged with recommending a method for determining possible mitigation for future SCTFs. The Committee was mandated to provide a report to the Governor and to the chairs of the Senate Committee on Human Services and Corrections and the House Committee on Criminal Justice and Corrections including any recommended legislation. The report included the text of this legislation. During the hearings, significant concerns were raised that local governments were unable to comply with the underlying requirement to plan for SCTFs under the essential public facilities law, in large part due to concerns about civil liability for complying with that law. There was also a great deal of public comment by some county commissioners while the Committee was meeting that expressed an unwillingness to site SCTFs under any circumstances, and expressed a desire for some form of preemption. Local officials were not all in agreement on the degree of preemption desired and some expressed a desire for continued participation after preemption. At the same time, Department of Social and Health Services (DSHS) reported to the Committee that some local governments were considering making the siting and staffing requirements substantially more restrictive than contemplated by the Legislature in the adoption of the underlying bill and that meeting the requirements, even where possible, would greatly exceed the appropriated funding. There was discussion about the scope of the preemption in the underlying bill and testimony that the Governor's proposed language was expanded prior to passage to cover the State Environmental Policy Act(SEPA)and that a trial court had not interpreted the language in that manner. A second major concern was the requirement that DSHS endeavor to site in a manner that achieved a five-minute law enforcement response time. Law enforcement testified that this Senate Bill Report - 1 - ESSB 6594 was not possible in most, if not all, jurisdictions. Law enforcement also testified that geography was not how response time was determined and that this provision drove SCTFs into areas where they posed the greatest risk to public safety. They were also concerned with liability under this provision and others. Summary: No person may bring a cause of action for civil damages against a county or city based on the good faith actions of a county or city to provide siting for SCTFs in accordance with the law. Eligibility for the planning grant provided under existing law is extended to 120 days after the effective date of this act. Planning and incentive grants provided in existing law are subject to appropriation by the Legislature. Any county, which had at least five persons detained or committed under Chapter 71.09 RCW as of April 1, 2001, that was notified under 3ESSB 6151 that DSHS expected to site beds in that county by May 2007 and fails to complete adoption of their development regulations for SCTFs as required under the existing essential public facilities law by October 1, 2002, is preempted. Affected counties are: King, Snohomish, Thurston, Clark, Kitsap and Spokane. A determination that a city or county is preempted is final and not subject to appeal under the Administrative Procedure Act or the Growth Management Act. DSHS may site SCTFs within a preempted county without regard to development regulations, permitting requirements or any other law including SEPA, the Shorelines Act, and the Hydraulics Code. This preemption provision also applies to the cities within the six counties. DSHS may continue to consult with a city or county that has been preempted. Preemption does not make a city or county ineligible for specified grants, loans, or pledges and is not a basis for a private cause of action or an appeal under RCW 43.17.250(2). For facilities sited under the exemption from SEPA, DSHS must site construct, operate and occupy in an environmentally responsible manner and must make a threshold determination whether an SCTF sited under a preemption would have a significant adverse environmental impact. If so, DSHS must prepare an environmental impact statement that meets the requirements of SEPA and the rules adopted by the Department of Ecology. This requirement is not a basis for any civil cause of action or administrative appeal and expires June 30, 2009. The provisions clarifying that the preemption of "all other laws" includes SEPA, the Shorelines Act and the Hydraulics Code and setting forth the preemption in those statutes expire June 30, 2009. Where a city or county adopts development regulations in accordance with the law, DSHS must comply with those regulations to site an SCTF in that city or county. Cities and counties may not adopt development regulations more restrictive than the requirements that the state has imposed on DSHS where the state has established specific requirements for the siting or operation of SCTFs. Regulations that are more restrictive than the statutory requirements enacted by the state are void. DSHS must hold siting hearings in preempted cities and counties. A preempted city or county may propose public safety measures specific to a particular site. The proposal must be in writing and delivered to DSHS by the hearing date. DSHS must respond to the proposed measures in writing within 15 business days. If the city or county finds the response inadequate, they may notify the department within 15 business days of the specific responses they find inadequate and the department must respond to the alleged inadequacies 4140 Senate Bill Report - 2 - ESSB 6594 within seven business days. If the city or county fails to notify the department within 15 days, the department's response is final. If the DSHS response is not revised to the satisfaction of the city or county, the city or county may petition the Governor to appoint a designee with law enforcement experience for an emergency hearing under the Administrative Procedure Act. The Governor's designee must hear the petition and then must make a determination within 30 days. The Governor's designee shall consider the DSHS response, and the effectiveness and cost of the proposed measures in relation to the purposes of civil commitment. The decision by the Governor's designee is final and not subject to judicial review. The county or city must bear the cost of the petition. If the city or county prevails on all issues, DSHS must reimburse the costs. The department's consideration of the proposed conditions may not be construed to affect the preemption. Law enforcement must respond to calls regarding residents of SCTFs as high priority calls, and a law enforcement officer who responds reasonably and in good faith to such a call shall not be held liable for civil damages based on the acts of the resident or the actions of the officer during the response. This immunity extends to the officer's employing city or county. School bus stops are risk potential activities or facilities, but do not include bus stops established primarily for public transit. A person with whom a resident has, or has had, a dating relationship is not eligible to be an escort. At the request of local government, DSHS must enter into a long-term contract memorializing the agreements between the state and the local government related to the operation of the facility. Any contract regarding mitigation must be separate. The contract must include language stating that the contract does not obligate the state to continue operating any aspect of the civil commitment program under Chapter 71.09 RCW or to operate the SCTF if sufficient funds are not appropriated by the Legislature. It also must include language stating that a local government is not obligated to operate an SCTF. A city or county may contract with DSHS to operate an SCTF. Mitigation for future facilities is limited to four categories: • One-time training on the establishment of an SCTF: This training includes training for law enforcement and administrative staff and training by law enforcement of SCTF staff. Reimbursement is limited to wages and benefits for the city or county staff while being trained by the state and costs associated with preparation and delivery of training to SCTF staff. • Information coordination: This refers to coordination between law enforcement agencies and between law enforcement and the SCTF related to facility residents. Reimbursement is limited to start-up costs. • One-time capital costs: These are off-site costs associated with a need for increased security in specific locations and are limited to actual costs. Senate Bill Report - 3 - ESSB 6594 • • Incident response costs: These are criminal justice costs associated with residents who violate conditions or who commit new crimes. Incident response costs do not include costs associated with civil cases based on the actions of a resident. *110 Votes on Final Passage: Senate 49 0 House 55 41 (House amended) Senate 29 15 (Senate concurred) Effective: March 21, 2002 Senate Bill Report - 4 - ESSB 6594 CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE SENATE BILL 6594 Chapter 68, Laws of 2002 57th Legislature 2002 Regular Session SECURE COMMUNITY TRANSITION FACILITIES EFFECTIVE DATE: 3/21/02 Passed by the Senate March 12, 2002 CERTIFICATE YEAS 29 NAYS 15 I, Tony M. Cook, Secretary of the Senate of the State of Washington, do BRAD OWEN hereby certify that the attached is President of the Senate ENGROSSED SUBSTITUTE SENATE BILL 6594 as passed by the Senate and the House Passed by the House March 8, 2002 of Representatives on the dates hereon YEAS 55 NAYS 41 set forth. FRANK CHOPP TONY M. COOK Speaker of the Secretary House of Representatives Approved March 21, 2002 FILED March 21, 2002 - 2:16 p.m. GARY LOCKE Secretary of State Governor of the State of Washington State of Washington ENGROSSED SUBSTITUTE SENATE BILL 6594 *4010 AS AMENDED BY THE HOUSE Passed Legislature - 2002 Regular Session State of Washington 57th Legislature 2002 Regular Session By Senate Committee on Human Services & Corrections (originally sponsored by Senators Carlson, Costa, Hargrove and Long; by request of Jt Select Comm on the Equitable Distrib of Secure Community Transition Fac i l) READ FIRST TIME 02/08/2002 . 1 AN ACT Relating to the implementation of the recommendations of the 2 joint select committee on the equitable distribution of secure 3 community transition facilities; amending RCW 36 . 70A.200, 71. 09 . 020, Immii 4 71 . 09.285, 71. 09.305, 71 . 09 .255, and 36. 70A. 103; adding a new section 5 to chapter 4 .24 RCW; adding new sections to chapter 71 . 09 RCW; adding 6 a new section to chapter 34 . 05 RCW; adding a new section to chapter 7 43 .21C RCW; adding a new section to chapter 90 .58 RCW; adding a new 8 section to chapter 77 .55 RCW; creating a new section; providing 9 expiration dates; and declaring an emergency. 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 11 NEW SECTION. Sec. 1. The purpose of this act is to: 12 (1) Enable the legislature to act upon the recommendations of the 13 joint select committee on the equitable distribution of secure 14 community transition facilities established in section 225, chapter 12, 15 Laws of 2001 2nd sp. sess . ; and 16 (2) Harmonize the preemption provisions in RCW 71 . 09.250 with the 17 preemption provisions applying to future secure community transition 18 facilities to reflect the joint select committee' s recommendation that p. 1 ESSB 6594 .SL 1 the preemption granted for future secure community transition 2 facilities be the same throughout the state. �..- 3 Sec. 2. RCW 36 . 70A.200 and 2001 2nd sp.s. c 12 s 205 are each 4 amended to read as follows : 5 (1) The comprehensive plan of each county and city that is planning 6 under RCW 36 . 70A. 040 shall include a process for identifying and siting 7 essential public facilities . Essential public facilities include those 8 facilities that are typically difficult to site, such as airports, 9 state education facilities and state or regional transportation 10 facilities as defined in RCW 47 . 06 .140, state and local correctional 11 facilities, solid waste handling facilities, and in-patient facilities 12 including substance abuse facilities, mental health facilities, group 13 homes, and secure community transition facilities as defined in RCW 14 71. 09 . 020 . 15 (2) Each county and city planning under RCW 36 . 70A. 040 shall, not 16 later than ( (the deadline specified in RCW 3G . 70A. 130) ) September 1 . 17 2002, establish a process, or amend its existing process, for 18 identifying and siting essential public facilities ( ( ,—) ) and adopt or 19 amend its development regulations as necessary to provide for the 20 siting of secure community transition facilities consistent with 21 statutory requirements applicable to these facilities . 22 (3) Any city or county not planning under RCW 36 . 70A. 040 shall, not 23 later than ( (thc deadline specified in RCW 36 . 70A. 130) ) September 1, 24 2002, establish a process for siting secure community transition 25 facilities and adopt or amend its development regulations as necessary 26 to provide for the siting of such facilities consistent with statutory 27 requirements applicable to these facilities . 28 (4) The office of financial management shall maintain a list of 29 those essential state public facilities that are required or likely to 30 be built within the next six years . The office of financial management 31 may at any time add facilities to the list. 32 (5) No local comprehensive plan or development regulation may 33 preclude the siting of essential public facilities. 34 (6) No person may bring a cause of action for civil damages based 35 on the good faith actions of any county or city to provide for the 36 siting of secure community transition facilities in accordance with 37 this section and with the requirements of chapter 12 . Laws of 2001 2nd 38 sp. sess. For purposes of this subsection. "person" includes, but is ESSB 6594 .SL p. 2 1 not limited to, any individual, agency as defined in RCW 42 . 17 . 020, 2 corporation, partnership. association, and limited liability entity. 3 (7) Counties or cities siting facilities pursuant to subsection (2) 4 or (3) of this section shall comply with section 7 of this act . 5 (8) The failure of a county or city to act by the deadlines 6 established in subsections (2) and (3) of this section is not : 7 (a) A condition that would disqualify the county or city for 8 grants, loans, or pledges under RCW 43 . 155 . 070 or 70 . 146 . 070L 9 (b) A consideration for grants or loans provided under RCW 10 43 . 17. 250 (2) : or 11 (c) A basis for any petition under RCW 36 . 70A.280 or for any 12 private cause of action. 13 NEW SECTION. Sec. 3 . A new section is added to chapter 4 .24 RCW 14 to read as follows : 15 (1) Law enforcement shall respond to a call regarding a resident of 16 a secure community transition facility as a high priority call . 17 (2) No law enforcement officer responding reasonably and in good 18 faith to a call regarding a resident of a secure community transition 19 facility shall be held liable nor shall the city or county employing 20 the officer be held liable, in any cause of action for civil damages 21 based on the acts of the resident or the actions of the officer during 22 the response. 23 Sec. 4. RCW 71. 09 . 020 and 2001 2nd sp. s . c 12 s 102 are each 24 amended to read as follows : 25 Unless the context clearly requires otherwise, the definitions in 26 this section apply throughout this chapter. 27 (1) "Department" means the department of social and health 28 services. 29 (2) "Less restrictive alternative" means court-ordered treatment in 30 a setting less restrictive than total confinement which satisfies the 31 conditions set forth in RCW 71. 09 . 092 . 32 (3) "Likely to engage in predatory acts of sexual violence if not 33 confined in a secure facility" means that the person more probably than 34 not will engage in such acts if released unconditionally from detention 35 on the sexually violent predator petition. Such likelihood must be 36 evidenced by a recent overt act if the person is not totally confined 37 at the time the petition is filed under RCW 71 . 09 . 030. p. 3 ESSB 6594 .SL 1 (4) "Mental abnormality" means a congenital or acquired condition 2 affecting the emotional or volitional capacity which predisposes the 3 person to the commission of criminal sexual acts in a degree 4 constituting such person a menace to the health and safety of others . 5 (5) "Predatory" means acts directed towards : (a) Strangers; (b) 6 individuals with whom a relationship has been established or promoted 7 for the primary purpose of victimization; or (c) persons of casual 8 acquaintance with whom no substantial personal relationship exists . 9 (6) "Recent overt act" means any act or threat that has either 10 caused harm of a sexually violent nature or creates a reasonable 11 apprehension of such harm in the mind of an objective person who knows 12 of the history and mental condition of the person engaging in the act . 13 (7) "Risk potential activity" or "risk potential facility" means an 14 activity or facility that provides a higher incidence of risk to the 15 public from persons conditionally released from the special commitment 16 center. Risk potential activities and facilities include: Public and 17 private schools, school bus stops, licensed day care and licensed 18 preschool facilities, public parks, publicly dedicated trails, sports 19 fields, playgrounds, recreational and community centers, churches, 20 synagogues, temples, mosques, ( (and) ) public libraries, and others 21 identified by the department following the hearings on a potential site 22 required in RCW 71 . 09 .315 . For purposes of this chapter. "school bus 23 stops" does not include bus stops established primarily for public 24 transit. 25 (8) "Secretary" means the secretary of social and health services 26 or the secretary' s designee . 27 (9) "Secure facility" means a residential facility for persons 28 civilly confined under the provisions of this chapter that includes 29 security measures sufficient to protect the community. Such facilities 30 include total confinement facilities, secure community transition 31 facilities, and any residence used as a court-ordered placement under 32 RCW 71 . 09 . 096 . 33 (10) "Secure community transition facility" means a residential 34 facility for persons civilly committed and conditionally released to a 35 less restrictive alternative under this chapter. A secure community 36 transition facility has supervision and security, and either provides 37 or ensures the provision of sex offender treatment services. Secure 38 community transition facilities include but are not limited to the 39 facilities established pursuant to RCW 71 .09 .250 and any ESSB 6594 .SL p. 4 1 community-based facilities established under this chapter and operated 2 by the secretary or under contract with the secretary. 3 (11) "Sexually violent offense" means an act committed on, before, Imo 4 or after July 1, 1990, that is: (a) An act defined in Title 9A RCW as 5 rape in the first degree, rape in the second degree by forcible 6 compulsion, rape of a child in the first or second degree, statutory 7 rape in the first or second degree, indecent liberties by forcible 8 compulsion, indecent liberties against a child under age fourteen, 9 incest against a child under age fourteen, or child molestation in the 10 first or second degree; (b) a felony offense in effect at any time 11 prior to July 1, 1990, that is comparable to a sexually violent offense 12 as defined in (a) of this subsection, or any federal or out-of-state 13 conviction for a felony offense that under the laws of this state would 14 be a sexually violent offense as defined in this subsection; (c) an act 15 of murder in the first or second degree, assault in the first or second 16 degree, assault of a child in the first or second degree, kidnapping in 17 the first or second degree, burglary in the first degree, residential 18 burglary, or unlawful imprisonment, which act, either at the time of 19 sentencing for the offense or subsequently during civil commitment 20 proceedings pursuant to this chapter, has been determined beyond a 21 reasonable doubt to have been sexually motivated, as that term is , 000 22 defined in RCW 9 . 94A. 030; or (d) an act as described in chapter 9A.28 23 RCW, that is an attempt, criminal solicitation, or criminal conspiracy 24 to commit one of the felonies designated in (a) , (b) , or (c) of this 25 subsection. 26 (12) "Sexually violent predator" means any person who has been 27 convicted of or charged with a crime of sexual violence and who suffers 28 from a mental abnormality or personality disorder which makes the 29 person likely to engage in predatory acts of sexual violence if not 30 confined in a secure facility. 31 (13) "Total confinement facility" means a facility that provides 32 supervision and sex offender treatment services in a total confinement 33 setting. Total confinement facilities include the special commitment 34 center and any similar facility designated as a secure facility by the 35 secretary. 36 Sec. 5. RCW 71. 09.285 and 2001 2nd sp.s . c 12 s 213 are each 37 amended to read as follows : p. 5 ESSB 6594 .SL 1 (1) Except with respect to the secure community transition facility 2 established pursuant to RCW 71. 09 .250, the secretary shall develop 3 policy guidelines that balance the average response time of emergency 4 services to the general area of a proposed secure community transition 5 facility against the proximity of the proposed site to risk potential 6 activities and facilities in existence at the time the site is listed 7 for consideration. 8 (2) In ( ( 9 s ohall cndcavor to achicvc an average law 10 ) ) no 11 case shall the policy guidelines permit location of a facility adjacent 12 to, immediately across a street or parking lot from, or within the line 13 of sight of a risk potential activity or facility in existence at the 14 time a site is listed for consideration. "Within the line of sight" 15 means that it is possible to reasonably visually distinguish and 16 recognize individuals . 17 (3) The policy guidelines shall require that great weight be given 18 to sites that are the farthest removed from any risk potential 19 activity. 20 (4) The policy guidelines shall specify how distance from the 21 location is measured and any variations in the measurement based on the 22 size of the property within which a proposed facility is to be located. 23 (5) The policy guidelines shall establish a method to analyze and 24 compare the criteria for each site in terms of public safety and 25 security, site characteristics, and program components . In making a 26 decision regarding a site following the analysis and comparison, the 27 secretary shall give priority to public safety and security 28 considerations. The analysis and comparison of the criteria are to be 29 documented and made available at the public hearings prescribed in RCW 30 71. 09.315 . 31 (6) Policy guidelines adopted by the secretary under this section 32 shall be considered by counties and cities when providing for the 33 siting of secure community transition facilities as required under RCW 34 36 .70A.200. 35 Sec. 6. RCW 71. 09 .305 and 2001 2nd sp.s. c 12 s 217 are each 36 amended to read as follows : 37 (1) Unless otherwise ordered by the court: ESSB 6594 .SL p. 6 1 (a) Residents of a secure community transition facility shall wear 2 electronic monitoring devices at all times . To the extent that 3 electronic monitoring devices that employ global positioning system loge 4 technology are available and funds for this purpose are appropriated by 5 the legislature, the department shall use these devices . 6 (b) At least one staff member, or other court-authorized and 7 department-approved person must escort each resident when the resident 8 leaves the secure community transition facility for appointments, 9 employment, or other approved activities. Escorting persons must 10 supervise the resident closely and maintain close proximity to the 11 resident . The escort must immediately notify the department of any 12 serious violation, as defined in RCW 71 . 09 . 325, by the resident and 13 must immediately notify law enforcement of any violation of law by the 14 resident. The escort may not be a relative of the resident or a person 15 with whom the resident has, or has had, a dating relationship as 16 defined in RCW 26 . 50 . 010 . 17 (2) Staff members of the special commitment center and any other 18 total confinement facility and any secure community transition facility 19 must be trained in self-defense and appropriate crisis responses 20 including incident de-escalation. Prior to escorting a person outside 21 of a facility, staff members must also have training in the offense "' 22 pattern of the offender they are escorting. ( (The escort may not be a 23 relative of the resident . ) ) 24 (3) Any escort must carry a cellular telephone or a similar device 25 at all times when escorting a resident of a secure community transition 26 facility. 27 (4) The department shall require training in offender pattern, 28 self-defense, and incident response for all court-authorized escorts 29 who are not employed by the department or the department of 30 corrections . 31 NEW SECTION. Sec. 7 . A new section is added to chapter 71. 09 RCW 32 to read as follows : 33 The minimum requirements set out in RCW 71. 09 .285 through 71. 09.340 34 are minimum requirements to be applied by the department. Nothing in 35 this section is intended to prevent a city or county from adopting 36 development regulations, as defined in RCW 36 . 70A.030, unless the 37 proposed regulation imposes requirements more restrictive than those 1000 38 specifically addressed in RCW 71 .09.285 through 71 . 09 .340. Regulations p. 7 ESSB 6594 .SL 1 that impose requirements more restrictive than those specifically 2 addressed in these sections are void. Nothing in these sections 3 prevents the department from adding requirements to enhance public 4 safety. 5 Sec. 8. RCW 71 . 09 .255 and 2001 2nd sp.s . c 12 s 204 are each 6 amended to read as follows : 7 (1) Upon receiving the notification required by RCW 71 . 09 .250, 8 counties must promptly notify the cities within the county of the 9 maximum number of secure community transition facility beds that may be 10 required and the projected number of beds to be needed in that county. 11 (2) The incentive grants and payments provided under this section 12 are subject to the following provisions : 13 (a) Counties and the cities within the county must notify each 14 other of siting plans to promote the establishment and equitable 15 distribution of secure community transition facilities; 16 (b) Development regulations, ordinances, plans, laws, and criteria 17 established for siting must be consistent with statutory requirements 18 and rules applicable to siting and operating secure community 19 transition facilities; 20 (c) The minimum size for any facility is three beds; and 21 (d) The department must approve any sites selected. 22 (3) Any county or city that makes a commitment to initiate the 23 process to site one or more secure community transition facilities by 24 ( (Fcbruary 1, 2002) ) one hundred twenty days after the effective date 25 of this act, shall receive a planning grant as proposed and approved by 26 the department of community, trade, and economic development. 27 (4) Any county or city that has issued all necessary permits by May 28 1, 2003 , for one or more secure community transition facilities that 29 comply .with the requirements of this section shall receive an incentive 30 grant in the amount of fifty thousand dollars for each bed sited. 31 (5) To encourage the rapid permitting of sites, any county or city 32 that has issued all necessary permits by January 1, 2003, for one or 33 more secure community transition facilities that comply with the 34 requirements of this section shall receive a bonus in the amount of 35 twenty percent of the amount provided under subsection (4) of this 36 section. 37 (6) Any county or city that establishes secure community transition 38 facility beds in excess of the maximum number that could be required to ESSB 6594 .SL p. 8 1 be sited in that county shall receive a bonus payment of one hundred 2 thousand dollars for each bed established in excess of the maximum 3 requirement . 4 (7) No payment shall be made under subsection (4) , (5) , or (6) of 5 this section until all necessary permits have been issued. 6 (8) The funds available to counties and cities under this section 7 are contingent upon funds being appropriated by the legislature. 8 NEW SECTION. Sec. 9 . A new section is added to chapter 71 . 09 RCW 9 to read as follows : 10 (1) After October 1, 2002, notwithstanding RCW 36 . 70A. 103 or any 11 other law, this section preempts and supersedes local plans, 12 development regulations, permitting requirements, inspection 13 requirements, and all other laws as necessary to enable the department 14 to site, construct, renovate, occupy, and operate secure community 15 transition facilities within the borders of the following: 16 (a) Any county that had five or more persons civilly committed from 17 that county, or detained at the special commitment center under a 18 pending civil commitment petition from that county where a finding of 19 probable cause has been made, on April 1, 2001, if the department 20 determines that the county has not met the requirements of RCW 21 36 . 70A.200 with respect to secure community transition facilities . 22 This subsection does not apply to the county in which the secure 23 community transition facility authorized under RCW 71 .09.250 (1) is 24 located; and 25 (b) Any city located within a county listed in (a) of this 26 subsection that the department determines has not met the requirements 27 of RCW 36 . 70A.200 with respect to secure community transition 28 facilities. 29 (2) The department' s determination under subsection (1) (a) or (b) 30 of this section is final and is not subject to appeal under chapter 31 34 .05 or 36 . 70A RCW. 32 (3) When siting a facility in a county or city that has been 33 preempted under this section, the department shall consider the policy 34 guidelines established under RCW 71 . 09 .275 and 71 . 09.290 and shall hold 35 the hearings required in RCW 71. 09 .315 . 36 (4) Nothing in this section prohibits the department from: 37 (a) Siting a secure community transition facility in a city or 38 county that has complied with the requirements of RCW 36 . 70A.200 with p. 9 ESSB 6594 .SL 1 respect to secure community transition facilities, including a city 2 that is located within a county that has been preempted. If the 3 department sites a secure community transition facility in such a city 4 or county, the department shall use the process established by the city 5 or county for siting such facilities; or 6 (b) Consulting with a city or county that has been preempted under 7 this section regarding the siting of a secure community transition 8 facility. 9 (5) (a) A preempted city or county may propose public safety 10 measures specific to any finalist site to the department. The measures 11 must be consistent with the location of the facility at that finalist 12 site . The proposal must be made in writing by the date of: 13 (i) The second hearing under RCW 71 . 09 .315 (2) (a) when there are 14 three finalist sites; or 15 (ii) The first hearing under RCW 71 . 09. 315 (2) (b) when there is only 16 one site under consideration. 17 (b) The department shall respond to the city or county in writing 18 within fifteen business days of receiving the proposed measures. The 19 response shall address all proposed measures . 20 (c) If the city or county finds that the department' s response is 21 inadequate, the city or county may notify the department in writing 22 within fifteen business days of the specific items which it finds 23 inadequate. If the city or county does not notify. the department of a 24 finding that the response is inadequate within fifteen business days, 25 the department' s response shall be final . 26 (d) If the city or county notifies the department that it finds the 27 response inadequate and the department does not revise its response to 28 the satisfaction of the city or county within seven business days, the 29 city or county may petition the governor to designate a person with law 30 enforcement expertise to review the response under RCW 34 . 05 .479. 31 (e) The governor' s designee shall hear a petition filed under this 32 subsection and shall make a determination within thirty days of hearing 33 the petition. The governor' s designee shall consider the department' s 34 response, and the effectiveness and cost of the proposed measures, in 35 relation to the purposes of this chapter. The determination by the 36 governor' s designee shall be final and may not be the basis for any 37 cause of action in civil court. 38 (f) The city or county shall bear the cost of the petition to the 39 governor' s designee. If the city or county prevails on all issues, the ESSB 6594 .SL p. 10 1 department shall reimburse the city or county costs incurred, as 2 provided under chapter 34 . 05 RCW. 3 (g) Neither the department' s consideration and response to public , 4410, 4 safety conditions proposed by a city or county nor the decision of the 5 governor' s designee shall affect the preemption under this section or 6 the department' s authority to site, construct, renovate, occupy, and 7 operate the secure community transition facility at that finalist site 8 or at any finalist site. 9 (6) Until June 30, 2009, the secretary shall site, construct, 10 occupy, and operate a secure community transition facility sited under 11 this section in an environmentally responsible manner that is 12 consistent with the substantive objectives of chapter 43 . 21C RCW, and 13 shall consult with the department of ecology as appropriate in carrying 14 out the planning, construction, and operations of the facility. The 15 secretary shall make a threshold determination of whether a secure 16 community transition facility sited under this section would have a 17 probable significant, adverse environmental impact . If the secretary 18 determines that the secure community transition facility has such an 19 impact, the secretary shall prepare an environmental impact statement 20 that meets the requirements of RCW 43 .21C. 030 and 43 .21C. 031 and the 21 rules promulgated by the department of ecology relating to such 400 22 statements. Nothing in this subsection shall be the basis for any 23 civil cause of action or administrative appeal . 24 (7) This section does not apply to the secure community transition 25 facility established pursuant to RCW 71. 09 .250 (1) . 26 NEW SECTION. Sec. 10 . A new section is added to chapter 34 . 05 RCW 27 to read as follows : 28 A petition brought pursuant to section 9 (5) of this act shall be 29 heard under the provisions of RCW 34 . 05 .479 except that the decision of 30 the governor' s designee shall be final and is not subject to judicial 31 review. 32 NEW SECTION. Sec. 11. A new section is added to chapter 71 . 09 RCW 33 to read as follows : 34 An emergency has been caused by the need to expeditiously site 35 facilities to house sexually violent predators who have been committed 36 under this chapter. To meet this emergency, for purposes of RCW 37 71. 09.250 and section 9 of this act, "all other laws" means the state p. 11 ESSB 6594 .SL 1 environmental policy act, the shoreline management act, the hydraulics 2 code, and all other state laws regulating the protection and use of the 3 water, land, and air. 4 This section expires June 30, 2009 . 5 NEW SECTION. Sec. 12. A new section is added to chapter 43 .21C 6 RCW to read as follows: 7 An emergency has been caused by the need to expeditiously site 8 facilities to house sexually violent predators who have been committed 9 under chapter 71 . 09 RCW. To meet this emergency, secure community 10 transition facilities sited pursuant to the preemption provisions of 11 section 9 of this act and secure facilities sited pursuant to the 12 preemption provisions of RCW 71 . 09 .250 are not subject to the 13 provisions of this chapter. 14 This section expires June 30, 2009 . 15 NEW SECTION. Sec. 13 . A new section is added to chapter 90 . 58 RCW 16 to read as follows : 17 An emergency has been caused by the need to expeditiously site 18 facilities to house sexually violent predators who have been committed 19 under chapter 71 . 09 RCW. To meet this emergency, secure community 20 transition facilities sited pursuant to the preemption provisions of 21 section 9 of this act and secure facilities sited pursuant to the 22 preemption provisions of RCW 71 . 09 .250 are not subject to the 23 provisions of this chapter. 24 This section expires June 30, 2009 . 25 NEW SECTION. Sec. 14. A new section is added to chapter 77 . 55 RCW 26 to read as follows : 27 An emergency has been caused by the need to expeditiously site 28 facilities to house sexually violent predators who have been committed 29 under chapter 71 . 09 RCW. To meet this emergency, secure community 30 transition facilities sited pursuant to the preemption provisions of 31 section 9 of this act and secure facilities sited pursuant to the 32 preemption provisions of RCW 71 . 09 .250 are not subject to the 33 provisions of this chapter. 34 This section expires June 30, 2009 . ESSB 6594 .SL p. 12 1 environmental policy act, the shoreline management act, the hydraulics 2 code, and all other state laws regulating the protection and use of the 3 water, land, and air. 4 This section expires June 30, 2009 . 5 NEW SECTION. Sec. 12 . A new section is added to chapter 43 . 21C 6 RCW to read as follows: 7 An emergency has been caused by the need to expeditiously site 8 facilities to house sexually violent predators who have been committed 9 under chapter 71 . 09 RCW. To meet this emergency, secure community 10 transition facilities sited pursuant to the preemption provisions of 11 section 9 of this act and secure facilities sited pursuant to the 12 preemption provisions of RCW 71 . 09 .250 are not subject to the 13 provisions of this chapter. 14 This section expires June 30, 2009 . 15 NEW SECTION. Sec. 13 . A new section is added to chapter 90 .58 RCW 16 to read as follows : 17 An emergency has been caused by the need to expeditiously site 18 facilities to house sexually violent predators who have been committed 19 under chapter 71 . 09 RCW. To meet this emergency, secure community ,, 20 transition facilities sited pursuant to the preemption provisions of 21 section 9 of this act and secure facilities sited pursuant to the 22 preemption provisions of RCW 71 . 09 .250 are not subject to the 23 provisions of this chapter. 24 This section expires June 30, 2009 . 25 NEW SECTION. Sec. 14 . A new section is added to chapter 77 .55 RCW 26 to read as follows : 27 An emergency has been caused by the need to expeditiously site 28 facilities to house sexually violent predators who have been committed 29 under chapter 71 .09 RCW. To meet this emergency, secure community 30 transition facilities sited pursuant to the preemption provisions of 31 section 9 of this act and secure facilities sited pursuant to the 32 preemption provisions of RCW 71. 09 .250 are not subject to the 33 provisions of this chapter. 34 This section expires June 30, 2009 . ESSB 6594 .SL p. 12 1 Sec. 15. RCW 36 .70A. 103 and 2001 2nd sp.s . c 12 s 203 are each 2 amended to read as follows : 3 State agencies shall comply with the local comprehensive plans and 4 development regulations and amendments thereto adopted pursuant to this 5 chapter except as otherwise provided in RCW 71. 09 .250 (1) through (3)y 6 section 9 of this act, and 72 . 09 .333 . 7 The provisions of chapter 12, Laws of 2001 2nd sp. sess . do not 8 affect the state' s authority to site any other essential public 9 facility under RCW 36 .70A.200 in conformance with local comprehensive 10 plans and development regulations adopted pursuant to chapter 36 . 70A 11 RCW. 12 NEW SECTION. Sec. 16. A new section is added to chapter 71 . 09 RCW 13 to read as follows: 14 (1) At the request of the local government of the city or county in 15 which a secure community transition facility is initially sited after 16 January 1, 2002, the department shall enter into a long-term contract 17 memorializing the agreements between the state and the city or county 18 for the operation of the facility. This contract shall be separate 19 from any contract regarding mitigation due to the facility. The 20 contract shall include a clause that states : 21 (a) The contract does not obligate the state to continue operating 22 any aspect of the civil commitment program under this chapter; 23 (b) The operation of any secure community transition facility is 24 contingent upon sufficient appropriation by the legislature. If 25 sufficient funds are not appropriated, the department is not obligated 26 to operate the secure community transition facility and may close it; 27 and 28 (c) This contract does not obligate the city or county to operate 29 a secure community transition facility. 30 (2) Any city or county may, at their option, contract with the 31 department to operate a secure community transition facility. 32 NEW SECTION. Sec. 17. A new section is added to chapter 71. 09 RCW 33 to read as follows : 34 (1) Subject to funds appropriated by the legislature, the 35 department may enter into negotiation for a mitigation agreement with: 36 (a) The county and/or city in which a secure community transition 37 facility sited after January 1, 2002, is located; p. 13 ESSB 6594 .SL 1 (b) Each community in which the persons from those facilities will 2 reside or regularly spend time, pursuant to court orders, for regular 3 work or education, or to receive social services, or through which the 4 person or persons will regularly be transported to reach other 5 communities; and 6 (c) Educational institutions in the communities identified in (a) 7 and (b) of this subsection. 8 (2) Mitigation agreements are limited to the following: 9 (a) One-time training for local law enforcement and administrative 10 staff, upon the establishment of a secure community transition 11 facility. 12 (i) Training between local government staff and the department 13 includes training in coordination, emergency procedures, program and 14 facility information, legal requirements, and resident profiles . 15 (ii) Reimbursement for training under this subsection is limited 16 to: 17 (A) The salaries or hourly wages and benefits of those persons who 18 receive training directly from the department; and 19 (B) Costs associated with preparation for, and delivery of, 20 training to the department or its contracted staff by local government 21 staff or contractors; *4000 22 (b) Information coordination: 23 (i) Information coordination includes data base infrastructure 24 establishment and programming for the dissemination of information 25 among law enforcement and the department related to facility residents . 26 (ii) Reimbursement for information coordination is limited to 27 start-up costs; 28 (c) One-time capital costs : 29 (i) One-time capital costs are off-site costs associated with the 30 need for increased security in specific locations . 31 (ii) Reimbursement for one-time capital costs is limited to actual 32 costs; and 33 (d) Incident response: 34 (i) Incident response costs are law enforcement and criminal 35 justice costs associated with violations of conditions of release or 36 crimes by residents of the secure community transition facility. 37 (ii) Reimbursement for incident response does not include private 38 causes of action. 10.10 ESSB 6594 .SL p. 14 1 NEW SECTION. Sec. 18. A new section is added to chapter 71 . 09 RCW 2 to read as follows : 3 (1) To encourage economies of scale in the siting and operation of 4 secure community transition facilities, the department may enter into 5 an agreement with two or more counties to create a regional secure 6 community transition facility. The agreement must clearly identify the 7 number of beds from each county that will be contained in the regional 8 secure community transition facility. The agreement must specify which 9 county must contain the regional secure community transition facility 10 and the facility must be sited accordingly. No county may withdraw 11 from an agreement under this section unless it has provided an 12 alternative acceptable secure community transition facility to house 13 any displaced residents that meets the criteria established for such 14 facilities in this chapter and the guidelines established by the 15 department . 16 (2) A regional secure community transition facility must meet the 17 criteria established for secure community transition facilities in this 18 chapter and the guidelines established by the department. 19 (3) The department shall count the beds identified for each 20 participating county in a regional secure community transition facility 21 against the maximum number of beds that could be required for each Now- 22 county under RCW 71 . 09 .250 (7) (a) . 23 (4) An agreement for a regional secure community transition 24 facility does not alter the maximum number of beds for purposes of the 25 incentive grants under RCW 71 . 09 .255 for the county containing the 26 regional facility. 27 NEW SECTION. Sec. 19. If any provision of this act or its 28 application to any person or circumstance is held invalid, the 29 remainder of the act or the application of the provision to other 30 persons or circumstances is not affected. 31 NEW SECTION. Sec. 20. This act is necessary for the immediate 32 preservation of the public peace, health, or safety, or support of the 33 state government and its existing public institutions, and takes effect 34 immediately. Passed the Senate March 12, 2002 . Passed the House March 8, 2002 . Approved by the Governor March 21, 2002 . Filed in Office of Secretary of State March 21, 2002 . p. 15 ESSB 6594 .SL FINAL BILL REPORT 3ESSB 6151 C12LO1E2 Synopsis as Enacted Brief Description: Revising provisions relating to sex offenders. Sponsors: Senate Committee on Human Services & Corrections (originally sponsored by Senators Long and Hargrove). Senate Committee on Human Services & Corrections Background: The presence of risk level III sex offenders and civilly committed sex offenders on court ordered less restrictive alternatives in the community has created considerable concern about the risks these high risk offenders present for community safety. There is concern that the state needs to address both the issues of appropriate housing and reintegration of persons being released from civil commitment and of the appropriate sentencing of sex offenders in a comprehensive manner so that both the civil and criminal processes effectively address the need to protect the community and permit the state to meet its constitutional and statutory duties. The Department of Social and Health Services (DSHS) is required by its constitutional and statutory duty as well as by court order to find less restrictive alternative placements for persons civilly committed to the Special Commitment Center (SCS) who have progressed in treatment to the point that they no longer need a total confinement setting. Lack of appropriate housing in the community and opposition to this sub-population has presented a barrier to the release to a less restrictive alternative setting for some of the committed persons. As the commitment center continues to grow, this barrier would increase without the state's assistance in creating appropriate housing. Consequently, DSHS has attempted, without success, to site three-bed units in the community while requesting funds from the Legislature for a larger facility which would normally be a step toward conditional release to a three-bed facility. Crimes committed prior to July 1, 1984 are under an indeterminate sentencing structure that permits the Indeterminate Sentence Review Board (ISRB) to return a paroled offender to prison for the remainder of his or her maximum term. The current determinate sentencing structure states a sentence in terms of a specific number of months and not a range of time. Determinate sentencing does not allow the state to return a person under supervision in the community to prison beyond the end of his or her defined term. In addition, the ability of the Department of Corrections (DOC) to supervise sex offenders in the community or place conditions on their behavior upon supervised release to the community varies dependent on the date of the person's crime. Not until July 1, 2000 could DOC adjust conditions to address a person's changing risk level to the community for crimes occurring after that date. Summary: DSHS is authorized to site and operate a 404-bed relocation of the SCC and a secure community transition facility (SCTF) to house persons conditionally released to a less restrictive alternative on McNeil Island. This SCTF is limited to 15 transitional and nine pre- Senate Bill Report - 1 - 3ESSB 6151 transitional beds. The McNeil Island SCTF is available to those persons receiving less restrictive alternative orders under RCW 71.09.090(1). The Department of Corrections is authorized to continue operating a prison for sex offenders and other offenders on McNeil Island. This includes access to adequate docking facilities at Steilacoom. Local NIS comprehensive plans, development regulations, and all other laws are preempted and superseded with regard to these two facilities. The state's authority to site an essential public facility in conformance with comprehensive plans and development regulations is not affected and with the exception of these two facilities, state agencies must comply with those plans and regulations. No additional SCTFs may be required to be sited in Pierce County before July 1, 2008 and to the greatest extent possible, persons who were not residents of Pierce County must not be further released to Pierce County until after June 30, 2003. In addition to its other determinations, the court must consider whether a person is able to withstand changes in routine and situation without regressing to the point that the person presents a danger that cannot reasonably be addressed in the proposed placement. DSHS must enter negotiations for a mitigation agreement with the county and affected cities. Employers must notify all other employees of the person's status. Notification at educational institutions is accomplished through existing statutes. DSHS must make reasonable efforts to distribute the impact of the employment, education, and social services needs of the residents among the adjacent counties and not concentrate the impact in any one county. Before any person is placed in the SCTF on McNeil Island, there must be a 24-hour law enforcement presence on the island which must coordinate with the prison Emergency Response Team. DSHS must hold three public hearings on the operations and security of the McNeil Island SCTF by August 1, 2001. Additional SCTFs may only be operated following appropriate public participation. This includes two public hearings in each of the three finalist communities and at least one more public hearing in the selected community. If only one site is under consideration, at least two public hearings must be held in that community. Fourteen days notice of the hearing must be given through radio, television and newspapers of general circulation, and to local persons and organizations. DSHS must provide the Legislature with a transportation plan by August 1, 2001 and must separate residents from minors and vulnerable adults who are not sexually violent predators when traveling between McNeil Island and the mainland. DSHS must facilitate local operational advisory boards. DSHS staff at the SCC and the McNeil SCTF must have self- defense and crisis response training. Escorts must also have training in the offender's pattern of offense. Until the facility reaches seven residents there must be a one-to-one staff to resident ratio during waking hours and two staff for every three residents at night. Staff must be trained in self-defense and incident de-escalation. DSHS must provide the Legislature with a staffing plan for the anticipated growth of the facility to its maximum capacity. Unless otherwise ordered by the court, all SCTF residents must have 24-hour electronic monitoring, based on the global positioning system where available and funded. Residents must be escorted by trained escorts within close proximity and under close supervision when away from the facility. Escorts may not be relatives of the residents. DSHS must adopt a violation policy for returning residents to the SCC or a higher level of security. The policy must include a mandatory immediate return to the SCC, unless the person is arrested, for Senate Bill Report - 2 - 3ESSB 6151 any serious violation and may include returns to the SCC for other violations. Serious violations must include the commission of any crime, any unlawful use of a controlled substance, and any violation of a condition targeted at the person's documented pattern of offense. Where DSHS contracts with a provider to operate a secure community transition facility, great weight must be given to the provider's record with regard to violations. A joint select committee reviews and makes recommendations on equitable distribution criteria for SCTFs, the siting criteria for these facilities, and a method for determining possible mitigation for future SCTFs. With the exception of the SCTF at McNeil Island, no county may be required to provide more SCTF beds than the aggregate total number of persons committed from or with pending commitment petitions from that county. Counties and cities may choose to site beds in excess of the required number and those that do would be eligible for a bonus incentive. The essential public facilities planning provisions for SCTFs are extended to non-GMA counties. No county may preclude siting of SCTFs. By August 31, 2001, DSHS must notify counties of the maximum number of beds that could be sited in the county and the projected minimum and maximum number of beds needed for the period of May 2004 through May 2007. Upon notification, counties must promptly notify the cities in the county. DSHS must cease current siting activities and future sites must be under the provisions of this act. Counties and cities are eligible to participate in an incentive program for siting SCTFs. To participate in the incentive program, counties and cities must give great weight to the equitable distribution of SCTFs. Development regulations, comprehensive plans and other laws must be consistent with the criteria in statute and rule, facilities must have at least three beds, and sites must be approved by the department. The incentive program has four components: • Counties and cities who commit to initiate the siting process for one or more SCTFs by February 1, 2002 shall receive a planning grant from the Department of Community, Trade, and Economic Development. • Any county or city that has issued all needed permits for an approved site by May 1, 2003 shall receive an incentive grant of$50,000 for each bed sited. Any county or city that has issued all needed permits for an approved site before January 1, 2003 shall receive an additional incentive bonus of 20 percent of the incentive grant. • Any county or city that sites and permits SCTFs with beds in excess of the maximum that the county could be required to site shall receive a bonus of$100,000 per excess bed. Pierce County is eligible for the excess bed bonus for three SCTF beds on McNeil Island. Despite the prohibition on requiring siting in addition to this facility, Pierce County and its cities are eligible for the incentive program should they decide to site and actually permit additional facilities. Senate Bill Report - 3 - 3ESSB 6151 By October 1, 2001, DSHS must develop and publish policy guidelines for siting and operation of SCTFs in consultation with the joint select committee. The policy guidelines must balance average law enforcement response time against distance from risk potential activities and endeavors to achieve a maximum five minute response time. Sites may not be in direct proximity to risk potential activities or facilities in existence at the time the site is listed for consideration. The guidelines must specify how DSHS will measure distance and establish a method for analyzing and comparing the remaining criteria. DSHS must have its analysis available at public hearings related to siting. To be considered, a potential site must meet the distance requirements set out in the policy guidelines, the property must be available for lease or purchase in the required time, reliable security and back-up systems must be available, and appropriate permitting must be available under the local zoning laws. DSHS must analyze and compare sites that meet the minimum consideration criteria according to the method established in rule. Entry level or trainee personnel must be supervised by more experienced personnel. The facility must have minimum security, alarm, and back-up systems including generator systems. The systems must be commercial grade, tamper-proof, and have panic devices for staff There must be land and cellular telephone access and radio back-up. DSHS must work with local jurisdictions to develop locations for secure community transition facilities and to achieve equitable distribution within the counties. Secure community transition facilities are essential public facilities. Affected counties and cities must review their county-wide plan, comprehensive plans and development regulations and if necessary revise them to provide siting that is consistent with the siting criteria in statute. Affected counties and cities may use their normal review processes but the review must not occur later than the date specified in RCW 36.70A.130(1). Ned Any person convicted of a first two-strikes sex offense committed after the effective date of the act and any person who has a prior two-strikes offense who is convicted of any other felony sex offense committed after the effective date of the act is subject to sentencing to a minimum and maximum term sentence. The minimum term is the term the offender would be subject to under the existing statute. The maximum term is the statutory maximum sentence for the offense. Class A felonies have a statutory maximum sentence of life. The statutory maximum sentence for Class B felonies is ten years and for Class C felonies is five years. Persons convicted of rape of a child in the first or second degree or child molestation in the first degree who were under 18 at the time of the crime are subject to a determinate sentence. As the end of his or her minimum term approaches, the offender is subject to a review by the End of Sentence Review Committee that assesses his or her risk level and that report is given to the ISRB and to law enforcement prior to the offender's release. DOC must make recommendations related to conditions of release to the ISRB based on methods recognized by experts in risk prediction. The ISRB decides whether to release the person to community custody or retain the person in prison. The ISRB must release the offender unless he or she is likelier than not to commit a predatory sex offense. If not released, the ISRB must set a new minimum term not to exceed two years and review the person again at the end of that period under the same standard. If the person is released, the ISRB must impose conditions of community custody on the person. The person remains under community custody for the maximum term. DOC must supervise the person in the community. Senate Bill Report - 4 - 3ESSB 615] If the person violates a condition of community custody, the person is entitled to an administrative hearing and a sanction based on a graduated sanction system that became effective July 1, 2000, under the Offender Accountability Act. The graduated sanctions must be amended to permit community custody revocation to the full extent of the maximum term. Hearings, with the same procedures and time lines established under the Offender Accountability Act, are conducted by the ISRB unless the ISRB otherwise contracts with DOC to conduct the hearings. The rights of the offender are the same as those in existing law under the Offender Accountability Act, except that if community custody revocation is a possible sanction, the person has a right to an attorney. In the case of a person convicted of a Class A felony, community custody revocation could result in lifetime incarceration in prison. The crimes of assault in the second degree and kidnaping in the second degree when there is a finding of sexual motivation, the crime of indecent liberties with a finding of forcible compulsion, and the attempted crimes of child molestation in the first degree, indecent liberties by forcible compulsion, rape in the first or second degree, and rape of a child in the first or second degree are all Class A felonies. A person is guilty of sexually violent predator escape if he or she escapes from the SCC, a less restrictive alternative, an authorized absence, his or her escort, or if he or she tampers with his or her electronic monitor. Sexually violent predator escape is a Class A felony with a five-year minimum term and is sentenced under the indeterminate sentencing provisions. The crime of sexual misconduct with a minor is modified to include a broader spectrum of school employees. The ISRB is a member of the review team established under the dangerous mentally ill offender legislation from 1999. The provisions of law related to the ISRB have been amended with regard to this population of offenders to make them consistent with this act. Votes on Final Passage: Senate 35 11 First Special Session Senate 39 8 Senate 38 9 (Senate reconsidered) House 75 19 (House amended) Second Special Session Senate 29 11 House 67 14 (House amended) Senate 26 13 (Senate concurred) Effective: June 26, 2001 September 1, 2001 (Sections 301-363, 501 and 503) Senate Bill Report - 5 - 3ESSB 6151 CERTIFICATION OF ENROLLMENT THIRD ENGROSSED SUBSTITUTE SENATE BILL 6151 57th Legislature 2001 Second Special Session Passed by the Senate June 21, 2001 CERTIFICATE YEAS 26 NAYS 13 I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is President of the Senate THIRD ENGROSSED SUBSTITUTE SENATE BILL 6151 as passed by the Senate and the Passed by the House June 21, 2001 House of Representatives on the dates YEAS 67 NAYS 14 hereon set forth. Speaker of the Secretary House of Representatives Speaker of the House of Representatives Approved FILED Governor of the State of Washington Secretary of State State of Washington THIRD ENGROSSED SUBSTITUTE SENATE BILL 6151 AS AMENDED BY THE HOUSE Passed Legislature - 2001 2nd Special Session State of Washington 57th Legislature 2001 Regular Session By Senate Committee on Human Services & Corrections (originally sponsored by Senators Long and Hargrove) READ FIRST TIME 04/06/01 . 1 AN ACT Relating to the management of sex offenders in the civil 2 commitment and criminal justice systems; amending RCW 71 . 09 . 020, 3 36 . 70A. 103, 36 . 70A.200, 9. 94A. 715, 9 . 94A. 060, 9 . 94A. 120, 9 . 94A. 190, 400 4 9 . 94A.390, 9 . 94A. 590, 9 . 94A. 670, 9 . 95 . 005, 9 . 95. 010, 9 . 95 . 011, 5 9 . 95 . 017, 9 . 95 . 020, 9 .95 .032, 9 . 95 . 052, 9 . 95 . 055, 9 . 95 . 064, 9 . 95 . 070, 6 9 . 95 . 080, 9 . 95 . 090, 9 . 95 . 100, 9 . 95 . 110, 9 . 95 .115, 9 . 95 .120, 9. 95 .121, 7 9 . 95 .122, 9 . 95 .123, 9 .95 .124, 9 . 95 . 125, 9 . 95 . 126, 9 . 95 . 130, 9. 95 . 140, 8 9 . 95 .190, 9 . 95 .250, 9 .95 .280, 9 . 95 .290, 9 . 95 . 300, 9 . 95 .310, 9. 95 . 320, 9 9 . 95 .340, 9 . 95 .350, 9. 95 .360, 9. 95 .370, 9 . 95 .900, 9A.28 . 020, 9A.36 . 021, 10 9A.40. 030, 9A.44 . 093 , 9A.44 . 096, 9A.44 .100, 9A.76 . --- , and 72 . 09 . 370; 11 reenacting and amending RCW 9 . 94A. 030, 9 . 94A.320, 18 .155 . 020, and 12 18 . 155 . 030; adding new sections to chapter 71. 09 RCW; adding new 13 sections to chapter 72 . 09 RCW; adding new sections to chapter 9 . 94A 14 RCW; adding new sections to chapter 9 . 95 RCW; adding a new section to 15 chapter 4 .24 RCW; creating new sections; repealing RCW 9 . 95 . 0011 and 16 9 . 95 . 145; prescribing penalties; providing an effective date; providing 17 expiration dates; and declaring an emergency. 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: p• 1 3ESSB 6151 .PL 1 PART I 2 GENERAL PROVISIONS 3 NEW SECTION. Sec. 101. The legislature intends the following 4 omnibus bill to address the management of sex offenders in the civil 5 commitment and criminal justice systems for purposes of public health, 6 safety, and welfare . Provisions address siting of and continued 7 operation of facilities for persons civilly committed under chapter 8 71 . 09 RCW and sentencing of persons who have committed sex offenses . 9 Other provisions address the need for sex offender treatment providers 10 with specific credentials . Additional provisions address the continued 11 operation or authorized expansion of criminal justice facilities at 12 McNeil Island, because these facilities are impacted by the civil 13 facilities on McNeil Island for persons committed under chapter 71 . 09 14 RCW. 15 Sec. 102 . RCW 71 . 09 .020 and 2001 c 286 s 4 are each amended to 16 read as follows: 17 Unless the context clearly requires otherwise, the definitions in 18 this section apply throughout this chapter. 19 (1) ( ( 20 convicted of or charged with a crimc-of .�c�••-• 21 from a mental abnormality or personality disorder which makes thc 22 person likely to cngagc in predatory acts of sexual violence if not 23 confined in a secure facility. 24 (2) "Mental abnormality" means a congenital or acquired condition 25 affecting thc emotional or volitional capacity which prcdispose3 thc 26 person to the commis3ion of criminal sexual acts in a dcgrcc 27 . ) ) 28 "Department" means the department of social and health services . 29 (2) "Less restrictive alternative" means court-ordered treatment in 30 a setting less restrictive than total confinement which satisfies the 31 conditions set forth in RCW 71 . 09 . 092 . 32 (3) "Likely to engage in predatory acts of sexual violence if not 33 confined in a secure facility" means that the person more probably than 34 not will engage in such acts if released unconditionally from detention 35 on the sexually violent predator petition. Such likelihood must be 36 evidenced by a recent overt act if the person is not totally confined 37 at the time the petition is filed under RCW 71 . 09 . 030 . 3ESSB 6151.PL p. 2 J 1 (4) "Mental abnormality" means a congenital or acquired condition 2 affecting the emotional or volitional capacity which predisposes the 3 person to the commission of criminal sexual acts in a degree 40 4 constituting such person a menace to the health and safety of others . 5 (5) "Predatory" means acts directed towards : (a) Strangers; (b) 6 individuals with whom a relationship has been established or promoted 7 for the primary purpose of victimization; or (c) persons of casual 8 acquaintance with whom no substantial personal relationship exists . 9 ( ( (5) ) ) (6) "Recent overt act" means any act or threat that has 10 either caused harm of a sexually violent nature or creates a reasonable 11 apprehension of such harm in the mind of an objective person who knows 12 of the history and mental condition of the person engaging in the act . 13 ( ( (G) ) ) (7) "Risk potential activity" or "risk potential facility" 14 means an activity or facility that provides a higher incidence of risk 15 to the public from persons conditionally released from the special 16 commitment center. Risk potential activities and facilities include: 17 Public and private schools, school bus stops, licensed day care and 18 licensed preschool facilities, public parks, publicly dedicated trails, 19 sports fields, playgrounds, recreational and community centers, 20 churches, synagogues, temples, mosques. and public libraries . 21 (8) "Secretary" means the secretary of social and health services 400 22 or the secretary' s designee. 23 (9) "Secure facility" means a residential facility for persons 24 civilly confined under the provisions of this chapter that includes 25 security measures sufficient to protect the community. Such facilities 26 include total confinement facilities, secure community transition 27 facilities, and any residence used as a court-ordered placement under 28 RCW 71 . 09 . 096 . 29 (10) "Secure community transition facility" means a residential 30 facility for persons civilly committed and conditionally released to a 31 less restrictive alternative under this chapter. A secure community 32 transition facility has supervision and security, and either provides 33 or ensures the provision of sex offender treatment services . Secure 34 community transition facilities include but are not limited to the 35 facilities established pursuant to section 201 of this act and any 36 community-based facilities established under this chapter and operated 37 by the secretary or under contract with the secretary. 38 (11) "Sexually violent offense" means an act committed on, before, 39 or after July 1, 1990, that is : (a) An act defined in Title 9A RCW as Now p. 3 3ESSB 6151 . PL 1 rape in the first degree, rape in the second degree by forcible 2 compulsion, rape of a child in the first or second degree, statutory 3 rape in the first or second degree, indecent liberties by forcible 4 compulsion, indecent liberties against a child under age fourteen, 5 incest against a child under age fourteen, or child molestation in the 6 first or second degree; (b) a felony offense in effect at any time 7 prior to July 1, 1990, that is comparable to a sexually violent offense 8 as defined in (a) of this subsection, or any federal or out-of-state 9 conviction for a felony offense that under the laws of this state would 10 be a sexually violent offense as defined in this subsection; (c) an act 11 of murder in the first or second degree, assault in the first or second 12 degree, assault of a child in the first or second degree, kidnapping in 13 the first or second degree, burglary in the first degree, residential 14 burglary, or unlawful imprisonment, which act, either at the time of 15 sentencing for the offense or subsequently during civil commitment 16 proceedings pursuant to this chapter ( (71. 09 RCW) ) , has been determined 17 beyond a reasonable doubt to have been sexually motivated, as that term 18 is defined in RCW 9 . 94A.030; or (d) an act as described in chapter 19 9A.28 RCW, that is an attempt, criminal solicitation, or criminal 20 conspiracy to commit one of the felonies designated in (a) , (b) , or (c) 21 of this subsection. 7 "r . n _.. rae e.] a- t t 2 2 ( (�-r)�i7l�s--r e-s��'e�;o�� r�--rrri-ra--r'oe 23 24 thc conditions set forth in RCW 71 .09. 092 . 25 (8) "Secretary" means thc secretary of social and health se-rvices 26 or his or her designee. ) ) 27 (12) "Sexually violent predator" means any person who has been 28 convicted of or charged with a crime of sexual violence and who suffers 29 from a mental abnormality or personality disorder which makes the 30 person likely to engage in predatory acts of sexual violence if not 31 confined in a secure facility, 32 (13) "Total confinement facility" means a facility that provides 33 supervision and sex offender treatment services in a total confinement 34 setting. Total confinement facilities include the special commitment 35 center and any similar facility designated as a secure facility by the 36 secretary. 37 PART II 38 SITING AND OPERATION OF SECURE COMMUNITY TRANSITION FACILITIES 3ESSB 6151 .PL p. 4 1 NEW SECTION. Sec. 201. A new section is added to chapter 71 . 09 2 RCW to read as follows : 3 (1) (a) The secretary is authorized to site, construct, occupy, and 4 4 operate a secure community transition facility on McNeil Island for 5 persons authorized to petition for a less restrictive alternative under 6 RCW 71 . 09 . 090 (1) and who are conditionally released and a special 7 commitment center on McNeil Island with up to four hundred four beds as 8 a total confinement facility under this chapter, subject to 9 appropriated funding for those purposes . The secure community 10 transition facility shall be authorized for the number of beds needed 11 to ensure compliance with the orders of the superior courts under this 12 chapter and the federal district court for the western district of 13 Washington. The total number of transitional beds shall be limited to 14 fifteen. The residents occupying these beds shall be the only 15 residents eligible for transitional services occurring in Pierce 16 county. In no event shall more than fifteen residents of the secure 17 community transition facility be participating in off-island 18 transitional, educational, or employment activity at the same time in 19 Pierce county. The department shall provide the Pierce county sheriff, 20 or his or her designee, with a list of the fifteen residents so 21 designated, along with their photographs and physical descriptions, and NS 22 it shall be immediately updated whenever a residential change occurs . 23 The Pierce county sheriff, or his or her designee, shall be provided an 24 opportunity to confirm the residential status of each resident leaving 25 McNeil Island. 26 (b) For purposes of this subsection, "transitional beds" means beds 27 only for residents in halfway house status who are judged by a 28 qualified expert to be suitable to leave the island for treatment, 29 education, and employment. 30 (2) (a) The secretary is authorized to site, either within the 31 secure community transition facility established pursuant to 32 subsection (1) of this section, or within the special commitment 33 center, up to nine pretransitional beds . 34 (b) Residents assigned to pretransitional beds shall not be 35 permitted to leave McNeil Island for education, employment, treatment, 36 or community activities in Pierce county. 37 (c) For purposes of this subsection, "pretransitional beds" means 38 beds for residents whose progress toward a less secure residential 39 environment and transition into more complete community involvement is 1410 p. 5 3ESSB 6151.PL 1 projected to take substantially longer than a typical resident of the 2 special commitment center. 3 (3) Notwithstanding RCW 36 . 70A. 103 or any other law, this statute 4 preempts and supersedes local plans, development regulations, 5 permitting requirements, inspection requirements, and all other laws as 6 necessary to enable the secretary to site, construct, occupy, and 7 operate a secure community transition facility on McNeil Island and a 8 total confinement facility on McNeil Island. 9 (4) To the greatest extent possible, until June 30, 2003, persons 10 who were not civilly committed from the county in which the secure 11 community transition facility established pursuant to subsection (1) of 12 this section is located may not be conditionally released to a setting 13 in that same county less restrictive than that facility. 14 (5) As of the effective date of this section, the state shall 15 immediately cease any efforts in effect on such date to site secure 16 community transition facilities, other than the facility authorized by 17 subsection (1) of this section, and shall instead site such facilities 18 in accordance with the provisions of this section. 19 (6) The department must : 20 (a) Identify the minimum and maximum number of secure community 21 transition facility beds in addition to the facility established under 22 subsection (1) of this section that may be necessary for the period of 23 May 2004 through May 2007 and provide notice of these numbers to all 24 counties by August 31, 2001; 25 (b) In consultation with the joint select committee established in 26 section 225 of this act, develop and publish policy guidelines for the 27 siting and operation of secure community transition facilities by 28 October 1, 2001; and 29 (c) Provide a status report to the appropriate committees of the 30 legislature by December 1, 2002, on the development of facilities under 31 the incentive program established in section 204 of this act . The 32 report shall include a projection of the anticipated number of secure 33 community transition facility beds that will become operational between 34 May 2004 and May 2007 . If it appears that an insufficient number of 35 beds will be operational, the department' s report shall recommend a 36 progression of methods to facilitate siting in counties and cities 37 including, if necessary, preemption of local land use planning process 38 and other laws. 3ESSB 6151.PL p. 6 1 (7) (a) The total number of secure community transition facility 2 beds that may be required to be sited in a county between the effective 3 date of this section and June 30, 2008 , may be no greater than the Iwo 4 total number of persons civilly committed from that county, or detained 5 at the special commitment center under a pending civil commitment 6 petition from that county where a finding of probable cause had been 7 made on April 1, 2001 . The total number of secure community transition 8 facility beds required to be sited in each county between July 1, 2008, 9 and June 30, 2015, may be no greater than the total number of persons 10 civilly committed from that county or detained at the special 11 commitment center under a pending civil commitment petition from that 12 county where a finding of probable cause had been made as of July 1, 13 2008 . 14 (b) Counties and cities that provide secure community transition 15 facility beds above the maximum number that they could be required to 16 site under this subsection are eligible for a bonus grant under the 17 incentive provisions in section 204 of this act . The county where the 18 special commitment center is located shall receive this bonus grant for 19 the number of beds in the facility established in subsection (1) of 20 this section in excess of the maximum number established by this 21 subsection. „ 1+' 22 (c) No secure community transition facilities in addition to the 23 one established in subsection (1) of this section may be required to be 24 sited in the county where the special commitment center is located 25 until after June 30, 2008, provided however, that the county and its 26 cities may elect to site additional secure community transition 27 facilities and shall be eligible under the incentive provisions of 28 section 204 of this act for any additional facilities meeting the 29 requirements of that section. 30 (8) In identifying potential sites within a county for the location 31 of a secure community transition facility, the department shall work 32 with and assist local governments to provide for the equitable 33 distribution of such facilities. In coordinating and deciding upon the 34 siting of secure community transition facilities, great weight shall be 35 given by the county and cities within the county to: 36 (a) The number and location of existing residential facility beds 37 operated by the department of corrections or the mental health division 38 of the department of social and health services in each jurisdiction in 39 the county; and p. 7 3ESSB 6151. PL 1 (b) The number of registered sex offenders classified as level II 2 or level III and the number of sex offenders registered as homeless 3 residing in each jurisdiction in the county. 4 (9) (a) "Equitable distribution" means siting or locating secure 5 community transition facilities in a manner that will not cause a 6 disproportionate grouping of similar facilities either in any one 7 county, or in any one jurisdiction or community within a county, as 8 relevant; and 9 (b) "Jurisdiction" means a city, town, or geographic area of a 10 county in which district political or judicial authority may be 11 exercised. 12 NEW SECTION. Sec. 202 . A new section is added to chapter 72 . 09 13 RCW to read as follows : 14 The secretary is authorized to operate a correctional facility on 15 McNeil Island for the confinement of sex offenders and other offenders 16 sentenced by the courts, and to make necessary repairs, renovations, 17 additions, and improvements to state property for that purpose, 18 notwithstanding any local comprehensive plans, development regulations , 19 permitting requirements, or any other local laws. Operation of the 20 correctional facility and other state facilities authorized by this 21 section and other law includes access to adequate docking facilities on 22 state-owned tidelands at the town of Steilacoom. 23 Sec. 203 . RCW 36 . 70A. 103 and 1991 sp.s. c 32 s 4 are each amended 24 to read as follows : 25 State agencies shall comply with the local comprehensive plans and 26 development regulations and amendments thereto adopted pursuant to this 27 chapter except as otherwise provided in sections 201 (1) through (3) 28 and 202 of this act. 29 The provisions of this act do not affect the state' s authority to 30 site any other essential public facility under RCW 36 . 70A.200 in 31 conformance with local comprehensive plans and development regulations 32 adopted pursuant to chapter 36 .70A RCW. 33 NEW SECTION. Sec. 204. A new section is added to chapter 71. 09 34 RCW to read as follows : 35 (1) Upon receiving the notification required by section 201 of this 36 act, counties must promptly notify the cities within the county of the 3ESSB 6151 .PL p. 8 1 maximum number of secure community transition facility beds that may be 2 required and the projected number of beds to be needed in that county. 3 (2) The incentive grants provided under this section are subject to Ng 4 the following provisions : 5 (a) Counties and the cities within the county must notify each 6 other of siting plans to promote the establishment and equitable 7 distribution of secure community transition facilities; 8 (b) Development regulations, ordinances, plans, laws, and criteria 9 established for siting must be consistent with statutory requirements 10 and rules applicable to siting and operating secure community 11 transition facilities; 12 (c) The minimum size for any facility is three beds; and 13 (d) The department must approve any sites selected. 14 (3) Any county or city that makes a commitment to initiate the 15 process to site one or more secure community transition facilities by 16 February 1, 2002, shall receive a planning grant as proposed and 17 approved by the department of community, trade, and economic 18 development . 19 (4) Any county or city that has issued all necessary permits by May 20 1, 2003, for one or more secure community transition facilities that 21 comply with the requirements of this section shall receive an incentive Ned 22 grant in the amount of fifty thousand dollars for each bed sited. 23 (5) To encourage the rapid permitting of sites, any county or city 24 that has issued all necessary permits by January 1, 2003, for one or 25 more secure community transition facilities that comply with the 26 requirements of this section shall receive a bonus in the amount of 27 twenty percent of the amount provided under subsection (4) of this 28 section. 29 (6) Any county or city that establishes secure community transition 30 facility beds in excess of the maximum number that could be required to 31 be sited in that county shall receive a bonus payment of one hundred 32 thousand dollars for each bed established in excess of the maximum 33 requirement . 34 (7) No payment shall be made under subsection (4) , (5) , or (6) of 35 this section until all necessary permits have been issued. 36 Sec. 205. RCW 36 .70A.200 and 1998 c 171 s 3 are each amended to 37 read as follows : p. 9 3ESSB 6151 .PL 1 (1) The comprehensive plan of each county and city that is planning 2 under ( (this chapter) ) RCW 36 .70A. 040 shall include a process for 3 identifying and siting essential public facilities. Essential public 4 facilities include those facilities that are typically difficult to 5 site, such as airports, state education facilities and state or 6 regional transportation facilities as defined in RCW 47 . 06 . 140, state 7 and local correctional facilities, solid waste handling facilities, and 8 in-patient facilities including substance abuse facilities, mental 9 health facilities, ( (and) ) group homes, and secure community transition 10 facilities as defined in RCW 71 . 09 . 020 . 11 (2) Each county and city planning under RCW 36 . 70A. 040 shall, not 12 later than the deadline specified in RCW 36 . 70A. 130, establish a 13 process, or amend its existing process, for identifying and siting 14 essential public facilities, and adopt or amend its development 15 regulations as necessary to provide for the siting of secure community 16 transition facilities consistent with statutory requirements applicable 17 to these facilities. 18 (3) Any city or county not planning under RCW 36 . 70A. 040 shall, not 19 later than the deadline specified in RCW 36 . 70A. 130, establish a 20 process for siting secure community transition facilities and adopt or 21 amend its development regulations as necessary to provide for the 22 siting of such facilities consistent with statutory requirements 23 applicable to these facilities. 24 (4) The office of financial management shall maintain a list of 25 those essential state public facilities that are required or likely to 26 be built within the next six years. The office of financial management 27 may at any time add facilities to the list. 28 (5) No local comprehensive plan or development regulation may 29 preclude the siting of essential public facilities. 30 NEW SECTION. Sec. 206 . A new section is added to chapter 71. 09 31 RCW to read as follows : 32 The provisions of this act shall not be construed to limit siting 33 of secure community transition facilities to residential neighborhoods . 34 NEW SECTION. Sec. 207 . Beginning on the effective date of this 35 section, the state shall immediately enter into negotiations for a 36 mitigation agreement with: (1) The county in which the secure 37 community transition facility established pursuant to section 201 (1) of 3ESSB 6151 . PL p. 10 1 this act is located; (2) each community in which the persons from that 2 facility will reside or regularly spend time in pursuant to court 3 orders for regular work or education, or to receive social services, or 40 4 will regularly be transported through to reach those other communities; 5 and (3) educational institutions in the communities identified in 6 subsections (1) and (2) of this section. The negotiations must be 7 toward an agreement that will provide state funding, as appropriated 8 for this purpose, in an amount adequate to mitigate anticipated or 9 realized increased costs resulting from any increased risks to public 10 safety brought about by the presence of sexually violent predators in 11 those communities due to the siting of the secure community transition 12 facility established pursuant to section 201 (1) of this act . This 13 section expires June 30, 2003 . 14 NEW SECTION. Sec. 208 . A new section is added to chapter 71 . 09 15 RCW to read as follows: 16 (1) The department shall make reasonable efforts to distribute the 17 impact of the employment, education, and social services needs of the 18 residents of the secure community transition facility established 19 pursuant to section 201 (1) of this act among the adjoining counties and 20 not to concentrate the residents' use of resources in any one 4110 21 community. 22 (2) The department shall develop policies to ensure that, to the 23 extent possible, placement of persons eligible in the future for 24 conditional release to a setting less restrictive than the facility 25 established pursuant to section 201 (1) of this act will be equitably 26 distributed among the counties and within jurisdictions in the county. 27 NEW SECTION. Sec. 209 . The department of social and health 28 services shall, by August 1, 2001, and prior to operating the secure 29 community transition facility established pursuant to section 201 (1) of 30 this act, hold at least three public hearings in the affected 31 communities within the county where the facility is located. 32 The purpose of the public hearings is to seek input from county and 33 city officials, local law enforcement officials, and the public 34 regarding operations and security measures needed to adequately protect 35 the community from any increased risk to public safety brought about by 36 the presence of persons conditionally released from the special 41.10 37 commitment center in these communities due to the siting of the p. 11 3ESSB 6151 .PL 1 facility. The department shall ensure that persons have a full 2 opportunity to speak to the issues to be addressed during each hearing. 3 NEW SECTION. Sec. 210 . The secretary of social and health 4 services shall coordinate with the secretary of corrections and the 5 appropriate local or state law enforcement agency or agencies to 6 establish a twenty-four-hour law enforcement presence on McNeil Island 7 before any person is admitted to the secure community transition 8 facility established under section 201 (1) of this act. Law enforcement 9 shall coordinate with the emergency response team for McNeil Island to 10 provide planning and coordination in the event of an escape from the 11 special commitment center or the secure community transition facility. 12 In addition, or if no law enforcement agency will provide a law 13 enforcement presence on the island, not more than ten correctional 14 employees, as selected by the secretary of corrections, who are members 15 of the emergency response team for the McNeil Island correctional 16 facility, shall have the powers and duties of a general authority peace 17 officer while acting in a law enforcement capacity. If there is no law 18 enforcement agency to provide the law enforcement presence, those 19 correctional employees selected as peace officers shall provide a 20 twenty-four-hour presence and shall not have correctional duties at the 21 correctional facility in addition to the emergency response team while 22 acting in a law enforcement capacity. 23 NEW SECTION. Sec. 211. A new section is added to chapter 71 . 09 24 RCW to read as follows: 25 (1) By August 1, 2001, the department must provide the appropriate 26 committees of the legislature with a transportation plan to address the 27 issues of coordinating the movement of residents of the secure 28 community transition facility established pursuant to section 201 (1) of . 29 this act between McNeil Island and the mainland with the movement of 30 others who must use the same docks or equipment within the funds 31 appropriated for this purpose. 32 (2) If the department does not provide a separate vessel for 33 transporting residents of the secure community transition facility 34 established in section 201 (1) of this act between McNeil Island and the 35 mainland, the plan shall include at least the following components : 3ESSB 6151.PL p. 12 1 (a) The residents shall be separated from minors and vulnerable 2 adults, except vulnerable adults who have been found to be sexually 3 violent predators . 4 (b) The residents shall not be transported during times when 5 children are normally coming to and from the mainland for school . 6 (3) The department shall designate a separate waiting area at the 7 points of debarkation, and residents shall be required to remain in 8 this area while awaiting transportation. 9 (4) The department shall provide law enforcement agencies in the 10 counties and cities in which residents of the secure community 11 transition facility established pursuant to section 201 (1) of this act 12 regularly participate in employment, education, or social services, or 13 through which these persons are regularly transported, with a copy of 14 the court' s order of conditional release with respect to these persons . 15 NEW SECTION. Sec. 212 . A new section is added to chapter 71 . 09 16 RCW to read as follows : 17 When considering whether a person civilly committed under this 18 chapter and conditionally released to a secure community transition 19 facility is appropriate for release to a placement that is less 20 restrictive than that facility, the court shall comply with the 21 procedures set forth in RCW 71 .09. 090 through 71 . 09 . 096 . In addition, 22 the court shall consider whether the person has progressed in treatment 23 to the point that a significant change in the person' s routine, 24 including but not limited to a change of employment, education, 25 residence, or sex offender treatment provider will not cause the person 26 to regress to the point that the person presents a greater risk to the 27 community than can reasonably be addressed in the proposed placement . 28 NEW SECTION. Sec. 213 . A new section is added to chapter 71. 09 29 RCW to read as follows: 30 (1) Except with respect to the secure community transition facility 31 established pursuant to section 201 of this act, the secretary shall 32 develop policy guidelines that balance the average response time of 33 emergency services to the general area of a proposed secure community 34 transition facility against the proximity of the proposed site to risk 35 potential activities and facilities in existence at the time the site 36 is listed for consideration. 4400 p. 13 3ESSB 6151.PL 1 (2) In balancing the competing criteria of proximity and response 2 time the policy guidelines shall endeavor to achieve an average law 3 enforcement response time not greater than five minutes and in no case 4 shall the policy guidelines permit location of a facility adjacent to, 5 immediately across a street or parking lot from, or within the line of 6 sight of a risk potential activity or facility in existence at the time 7 a site is listed for consideration. "Within the line of sight" means 8 that it is possible to reasonably visually distinguish and recognize 9 individuals . 10 (3) The policy guidelines shall require that great weight be given 11 to sites that are the farthest removed from any risk potential 12 activity. 13 (4) The policy guidelines shall specify how distance from the 14 location is measured and any variations in the measurement based on the 15 size of the property within which a proposed facility is to be located. 16 (5) The policy guidelines shall establish a method to analyze and 17 compare the criteria for each site in terms of public safety and 18 security, site characteristics, and program components . In making a 19 decision regarding a site following the analysis and comparison, the 20 secretary shall give priority to public safety and security 21 considerations . The analysis and comparison of the criteria are to be 22 documented and made available at the public hearings prescribed in 23 section 219 of this act . 24 (6) Policy guidelines adopted by the secretary under this section 25 shall be considered by counties and cities when providing for the 26 siting of secure community transition facilities as required under RCW 27 36 . 70A.200 . 28 NEW SECTION. Sec. 214. A new section is added to chapter 71 . 09 29 RCW to read as follows : 30 The secretary shall establish policy guidelines for the siting of 31 secure community transition facilities, other than the secure community 32 transition facility established pursuant to section 201 of this act, 33 which shall include at least the following minimum requirements : 34 (1) The following criteria must be considered prior to any real 35 property being listed for consideration for the location of or use as 36 a secure community transition facility: 37 (a) The proximity and response time criteria established under 38 section 213 of this act; 3ESSB 6151.PL p. 14 1 (b) The site or building is available for lease for the anticipated 2 use period or for purchase; 3 (c) Security monitoring services and appropriate back-up systems 440, 4 are available and reliable; 5 (d) Appropriate mental health and sex offender treatment providers 6 must be available within a reasonable commute; and 7 (e) Appropriate permitting for a secure community transition 8 facility must be possible under the zoning code of the local 9 jurisdiction. 10 (2) For sites which meet the criteria of subsection (1) of this 11 section, the department shall analyze and compare the criteria in 12 subsections (3) through (5) of this section using the method 13 established in section 213 of this act. 14 (3) Public safety and security criteria shall include at least the 15 following: 16 (a) Whether limited visibility between the facility and adjacent 17 properties can be achieved prior to placement of any person; 18 (b) The distance from, and number of, risk potential activities and 19 facilities, as measured using the rules adopted under section 213 of 20 this act; 21 (c) The existence of or ability to establish barriers between the 22 site and the risk potential facilities and activities; 23 (d) Suitability of the buildings to be used for the secure 24 community transition facility with regard to existing or feasibly 25 modified features; and 26 (e) The availability of electronic monitoring that allows a 27 resident' s location to be determined with specificity. 28 (4) Site characteristics criteria shall include at least the 29 following: 30 (a) Reasonableness of rental, lease, or sale terms including length 31 and renewability of a lease or rental agreement; 32 (b) Traffic and access patterns associated with the real property; 33 (c) Feasibility of complying with zoning requirements within the 34 necessary time frame; and 35 (d) A contractor or contractors are available to install, monitor, 36 and repair the necessary security and alarm systems. 37 (5) Program characteristics criteria shall include at least the 38 following: p. 15 3ESSB 6151 .PL 1 (a) Reasonable proximity to available medical, mental health, sex 2 offender, and chemical dependency treatment providers and facilities; 3 (b) Suitability of the location for programming, staffing, and 4 support considerations; 5 (c) Proximity to employment, educational, vocational, and other 6 treatment plan components . 7 (6) For purposes of this section "available" or "availability" of 8 qualified treatment providers includes provider qualifications and 9 willingness to provide services, average commute time, and cost of 10 services . 11 NEW SECTION. Sec. 215. A new section is added to chapter 71 . 09 12 RCW to read as follows: 13 (1) Security systems for all secure community transition facilities 14 shall meet the following minimum qualifications : 15 (a) The security panel must be a commercial grade panel with 16 tamper-proof switches and a key-lock to prevent unauthorized access. 17 (b) There must be an emergency electrical supply system which shall 18 include a battery back-up system and a generator. 19 (c) The system must include personal panic devices for all staff . 20 (d) The security system must be capable of being monitored and 21 signaled either by telephone through either a land or cellular 22 telephone system or by private radio network in the event of a total 23 dial-tone failure or through equivalent technologies. 24 (e) The department shall issue photo-identification badges to all 25 staff which must be worn at all times . 26 (2) Security systems for the secure community transition facility 27 established pursuant to section 201 (1) of this act shall also include 28 a fence and provide the maximum protection appropriate in a civil 29 facility for persons in less than total confinement . 30 NEW SECTION. Sec. 216. A new section is added to chapter 71. 09 31 RCW to read as follows : 32 (1) Secure community transition facilities shall meet the following 33 minimum staffing requirements : 34 (a) At any time the census of a facility is six or fewer residents, 35 the facility shall maintain a minimum staffing ratio of one staff per 36 resident during normal waking hours and two awake staff per three 37 residents during normal sleeping hours . 3ESSB 6151. PL p. 16 1 (b) At any time the census of a facility is six or fewer residents, 2 all staff shall be classified as residential rehabilitation counselor 3 II or have a classification that indicates a higher level of skill, 100 4 experience, and training. 5 (c) Before being assigned to a facility, all staff shall have 6 training in sex offender issues, self-defense, and crisis de-escalation 7 skills in addition to departmental orientation and, as appropriate, 8 management training. All staff with resident treatment or care duties 9 must participate in ongoing in-service training. 10 (d) All staff must pass a departmental background check and the 11 check is not subject to the limitations in chapter 9 . 96A RCW. A person 12 who has been convicted of a felony, or any sex offense, may not be 13 employed at the secure community transition facility or be approved as 14 an escort for a resident of the facility. 15 (2) With respect to the facility established pursuant to section 16 201 (1) of this act, the department shall, no later than December 1, 17 2001, provide a staffing plan to the appropriate committees of the 18 legislature that will cover the growth of that facility to its full 19 capacity. 20 NEW SECTION: Sec. 217 . A new section is added to chapter 71 .09 o0 21 RCW to read as follows: 22 (1) Unless otherwise ordered by the court: 23 (a) Residents of a secure community transition facility shall wear 24 electronic monitoring devices at all times. To the extent that 25 electronic monitoring devices that employ global positioning system 26 technology are available and funds for this purpose are appropriated by 27 the legislature, the department shall use these devices . 28 (b) At least one staff member, or other court-authorized and 29 department-approved person must escort each resident when the resident 30 leaves the secure community transition facility for appointments, 31 employment, or other approved activities. Escorting persons must 32 supervise the resident closely and maintain close proximity to the 33 resident . The escort must immediately notify the department of any 34 serious violation, as defined in section 221 of this act, by the 35 resident and must immediately notify law enforcement of any violation 36 of law by the resident . 37 (2) Staff members of the special commitment center and any other 38 total confinement facility and any secure community transition facility p. 17 3ESSB 6151 .PL 1 must be trained in self-defense and appropriate crisis responses 2 including incident de-escalation. Prior to escorting a person outside 3 of a facility, staff members must also have training in the offense 4 pattern of the offender they are escorting. The escort may not be a 5 relative of the resident . 6 (3) Any escort must carry a cellular telephone or a similar device 7 at all times when escorting a resident of a secure community transition 8 facility. 9 (4) The department shall require training in offender pattern, 10 self-defense, and incident response for all court-authorized escorts 11 who are not employed by the department or the department of 12 corrections . 13 NEW SECTION. Sec. 218 . A new section is added to chapter 71. 09 14 RCW to read as follows : 15 Notwithstanding the provisions of section 217 of this act, 16 residents of the secure community transition facility established 17 pursuant to section 201 (1) of this act must be escorted at any time the 18 resident leaves the facility. 19 NEW SECTION. Sec. 219. A new section is added to chapter 71.09 20 RCW to read as follows : 21 (1) Whenever the department operates, or the secretary enters into 22 a contract to operate, a secure community transition facility except 23 the secure community transition facility established pursuant to 24 section 201 (1) of this act, the secure community transition facility 25 may be operated only after the public notification and opportunities 26 for review and comment as required by this section. 27 (2) The secretary shall establish a process for early and 28 continuous public participation in establishing or relocating secure 29 community transition facilities. The process shall include, at a 30 minimum, public meetings in the local communities affected, as well as 31 opportunities for written and oral comments, in the following manner: 32 (a) If there are more than three sites initially selected as 33 potential locations and the selection process by the secretary or a 34 service provider reduces the number of possible sites for a secure 35 community transition facility to no fewer than three, the secretary or 36 the chief operating officer of the service provider shall notify the �.. 37 public of the possible siting and hold at least two public hearings in 3ESSB 6151 .PL p. 18 1 each community where a secure community transition facility may be 2 sited. 3 (b) When the secretary or service provider has determined the 4 secure community transition facility' s location, the secretary or the 5 chief operating officer of the service provider shall hold at least one 6 additional public hearing in the community where the secure community 7 transition facility will be sited. 8 (c) When the secretary has entered negotiations with a service 9 provider and only one site is under consideration, then at least two 10 public hearings shall be held. 11 (d) To provide adequate notice of, and opportunity for interested 12 persons to comment on, a proposed location, the secretary or the chief 13 operating officer of the service provider shall provide at least 14 fourteen days' advance notice of the meeting to all newspapers of 15 general circulation in the community, all radio and television stations 16 generally available to persons in the community, any school district in 17 which the secure community transition facility would be sited or whose 18 boundary is within two miles of a proposed secure community transition 19 facility, any library district in which the secure community transition 20 facility would be sited, local business or fraternal organizations that 21 request notification from the secretary or agency, and any person or 22 property owner within a one-half mile radius of the proposed secure 23 community transition facility. Before initiating this process, the 24 department of social and health services shall contact local government 25 planning agencies in the communities containing the proposed secure 26 community transition facility. The department of social and health 27 services shall coordinate with local government agencies to ensure that 28 opportunities are provided for effective citizen input and to reduce 29 the duplication of notice and meetings . 30 (3) If local government land use regulations require that a special 31 use or conditional use permit be submitted and approved before a secure 32 community transition facility can be sited, and the process for 33 obtaining such a permit includes public notice and hearing requirements 34 similar to those required under this section, the requirements of this 35 section shall not apply to the extent they would duplicate requirements 36 under the local land use regulations. 37 (4) This section applies only to secure community transition 38 facilities sited after the effective date of this section. *44610 p. 19 3ESSB 6151 .PL 1 NEW SECTION. Sec. 220. A new section is added to chapter 71 . 09 2 RCW to read as follows: 3 (1) The secretary shall develop a process with local governments 4 that allows each community in which a secure community transition 5 facility is located to establish operational advisory boards of at 6 least seven persons for the secure community transition facilities . 7 The department may conduct community awareness activities to publicize 8 this opportunity. The operational advisory boards developed under this 9 section shall be implemented following the decision to locate a secure 10 community transition facility in a particular community. 11 (2) The operational advisory boards may review and make 12 recommendations regarding the security and operations of the secure 13 community transition facility and conditions or modifications necessary 14 with relation to any person who the secretary proposes to place in the 15 secure community transition facility. 16 (3) The facility management must consider the recommendations of 17 the community advisory boards. Where the facility management does not 18 implement an operational advisory board recommendation, the management 19 must provide a written response to the operational advisory board 20 stating its reasons for its decision not to implement the 21 recommendation. 22 (4) The operational advisory boards, their members, and any agency 23 represented by a member shall not be liable in any cause of action as 24 a result of its recommendations unless the advisory board acts with 25 gross negligence or bad faith in making a recommendation. 26 NEW SECTION. Sec. 221. A new section is added to chapter 71 . 09 27 RCW to read as follows: 28 (1) The secretary shall adopt a violation reporting policy for 29 persons conditionally released to less restrictive alternative 30 placements. The policy shall require written documentation by the 31 department and service providers of all violations of conditions set by 32 the department, the department of corrections, or the court and 33 establish criteria for returning a violator to the special commitment 34 center or a secure community transition facility with a higher degree 35 of security. Any conditionally released person who commits a serious 36 violation of conditions shall be returned to the special commitment 37 center, unless arrested by a law enforcement officer, and the court 38 shall be notified immediately and shall initiate proceedings under RCW 3ESSB 6151.PL p. 20 1 71 . 09 . 098 to revoke or modify the less restrictive alternative 2 placement . Nothing in this section limits the authority of the 3 department to return a person to the special commitment center based on >4100 4 a violation that is not a serious violation as defined in this section. 5 For the purposes of this section, "serious violation" includes but is 6 not limited to: 7 (a) The commission of any criminal offense; 8 (b) Any unlawful use or possession of a controlled substance; and 9 (c) Any violation of conditions targeted to address the person' s 10 documented pattern of offense that increases the risk to public safety. 11 (2) When a person is conditionally released to a less restrictive 12 alternative under this chapter and is under the supervision of the 13 department of corrections, notice of any violation of the person' s 14 conditions of release must also be made to the department of 15 corrections . 16 (3) Whenever the secretary contracts with a service provider to 17 operate a secure community transition facility, the contract shall 18 include a requirement that the service provider must report to the 19 department of social and health services any known violation of 20 conditions committed by any resident of the secure community transition 21 facility. 411140 22 (4) The secretary shall document in writing all violations, 23 penalties, actions by the department of social and health services to 24 remove persons from a secure community transition facility, and 25 contract terminations. The secretary shall compile this information 26 and submit it to the appropriate committees of the legislature on an 27 annual basis . The secretary shall give great weight to a service 28 provider' s record of violations, penalties, actions by the department 29 of social and health services or the department of corrections to 30 remove persons from a secure community transition facility, and 31 contract terminations in determining whether to execute, renew, or 32 renegotiate a contract with a service provider. 33 NEW SECTION. Sec. 222 . A new section is added to chapter 71. 09 34 RCW to read as follows: 35 Whenever the secretary contracts with a provider to operate a 36 secure community transition facility, the secretary shall include in 37 the contract provisions establishing intermediate contract enforcement 38 remedies. p. 21 3ESSB 6151 . PL 1 NEW SECTION. Sec. 223 . A new section is added to chapter 71 . 09 2 RCW to read as follows : 3 A conditional release from a total confinement facility to a less 4 restrictive alternative is a release that subjects the conditionally 5 released person to the registration requirements specified in RCW 6 9A.44 . 130 and to community notification under RCW 4 .24 .550 . 7 When a person is conditionally released to the secure community 8 transition facility established pursuant to section 201 (1) of this act, 9 the sheriff must provide each household on McNeil Island with the 10 community notification information provided for under RCW 4 .24 .550 . 11 NEW SECTION. Sec. 224. A new section is added to chapter 71 . 09 12 RCW to read as follows : 13 An employer who hires a person who has been conditionally released 14 to a less restrictive alternative must notify all other employees of 15 the conditionally released person' s status . Notification for 16 conditionally released persons who enroll in an institution of higher 17 education shall be made pursuant to the provisions of RCW 9A.44 .130 18 related to sex offenders enrolled in institutions of higher education 19 and RCW 4 .24 . 550 . This section applies only to conditionally released 20 persons whose court approved treatment plan includes permission or a 21 requirement for the person to obtain education or employment and to 22 employment positions or educational programs that meet the requirements 23 of the court-approved treatment plan. 24 NEW SECTION. Sec. 225. (1) A joint select committee on the 25 equitable distribution of secure community transition facilities is 26 established. 27 (2) The joint select committee shall consist of the following 28 persons: 29 (a) One member from each of the two largest caucuses of the senate, 30 appointed by the president of the senate, at least one member being a 31 member of the senate human services and corrections committee; 32 (b) One member from each of the two largest caucuses of the house 33 of representatives, appointed by the co-speakers of the house of 34 representatives, at least one member being a member of the house 35 criminal justice and corrections committee; 36 (c) One member from the department of social and health services; 37 (d) One member from the Washington state association of counties; 3ESSB 6151.PL p. 22 • 1 (e) One member from the association of Washington cities; 2 (f) One member representing crime victims, appointed jointly by the 3 president of the senate and the co-speakers of the house of IS 4 representatives; 5 (g) One person selected by the governor; and 6 (h) Two persons representing local law enforcement, one 7 representing cities and one representing counties . 8 (3) The chair of the joint select committee shall be a legislative 9 member chosen by the joint select committee members . 10 (4) The joint select committee shall review and make 11 recommendations regarding: 12 (a) Any necessary specifications or revisions to ensure equitable 13 distribution of secure community transition facilities throughout the 14 state; 15 (b) Any necessary revisions to the provisions related to siting and 16 operating secure community transition facilities in sections 213 17 through 218 and 222 of this act; and 18 (c) Except with respect to the facility established pursuant to 19 section 201 (1) of this act, a method for determining possible 20 mitigation measures for compensating communities for any increased 21 risks to public safety brought about by the siting of a secure 440 22 community transition facility in a community. 23 (5) The joint select committee shall present a report of its 24 findings and recommendations to the governor and the appropriate 25 committees of the legislature, including any proposed legislation, not 26 later than November 15, 2001 . 27 (6) The joint select committee may, where feasible, consult with 28 individuals from the public and private sector in carrying out its 29 duties under this section. 30 (7) Nonlegislative members of the joint select committee shall 31 serve without compensation, but shall be reimbursed for travel expenses 32 as provided in RCW 43 . 03 . 050 and 43 . 03 . 060 . Legislative members of the 33 joint select committee shall be reimbursed for travel expenses as 34 provided in RCW 44 . 04 .120. 35 (8) Staff of senate committee services and the office of program 36 research of the house of representatives shall provide support to the 37 joint select committee. 38 (9) This section expires March 1, 2002 . NoNO p. 23 3ESSB 6151 . PL 1 NEW SECTION. Sec. 226. A new section is added to chapter 71 .09 2 RCW to read as follows : 3 Nothing in this act shall operate to restrict a court' s authority 4 to make less restrictive alternative placements to a committed person' s 5 individual residence or to a setting less restrictive than a secure 6 community transition facility. A court-ordered less restrictive 7 alternative placement to a committed person' s individual residence is 8 not a less restrictive alternative placement to a secure community 9 transition facility. 3ESSB 6151.PL p. 24 surfs, REctrier '�1889 p 0 STATE OF WASHINGTON 5ZOOZ DEPARTMENT OF SOCIAL AND HEALTH SERVIC S NEIGHBOPHOOrB ECONOMIC rEVELUPMFNT, AAND STRA.T`;v;C P'._kN JiRIG July 19, 2002 Dear Elected Officials: In planning for the siting of secure community transition facilities (SCTF), many city and county staff have asked for guidance on the issue of local emergency services response time and its relative importance in evaluating appropriate zones or areas for SCTF sites. As you may know, ESSB 6594(Chapter 68, Laws of 2002) amended the response time requirements. There is no longer a requirement for SCTFs to be sited in areas that can "endeavor to achieve an average five-minute law enforcement emergency response time? Instead, the law now requires the siting to balance the local response time against the proximity of the proposed SCTF site to risk potential activities or locations in existence at the time the site is listed for consideration. In considering the amended requirement, the Department of Social and Health Services (DSHS) has consulted with local planning staff, law enforcement representatives, and state executive and legislative staff. It is the department's position that the operative word in this consideration is "balance." DSHS does not assume that all rural areas are inappropriate for siting SCTFs. In fact, the law directs that the department's guidelines "...shall require great weight be given to sites that are the farthest removed from any risk potential activities? However, if this directive were to be considered alone, it could result in SCTFs being sited only in very isolated, remote areas that may not be suitable for a variety of reasons, one of which would be the issue of emergency services response time. In balancing these requirements, consideration also must be given to the ability of the local area to respond to fire and medical emergencies as well as law enforcement emergencies. In determining this balance and in searching for potential SCTF sites, DSHS will consider its responsibility for public safety and its obligations to the SCTF residents and staff and will review several factors. DSHS will use these factors, as described below, to develop an emergency response plan with the local jurisdiction where an SCTF is sited and with neighboring jurisdictions. In your jurisdiction's planning and designation of areas or zones that are appropriate for siting secure community transition facilities, we encourage you to consider these factors as well. If your jurisdiction is considering designating areas or zones that are in rural locations— especially areas in remote rural locations -- we strongly encourage your jurisdiction to do an analysis of the area being considered and to use these factors as an outline to prepare a draft emergency response plan. The purpose of the plan is to help both the local jurisdiction and DSHS determine if the proposed area or zone comports with state law requirements for public safety and would be a fiscally prudent and feasible SCTF location. As a general rule, DSHS will consider sites in remote locations with very long average emergency response times as not appropriate for SCTFs unless a fiscally prudent and feasible emergency response plan can be implemented. Here are the factors to be considered: ® ,a Elected Officials— Emergency Response Time to SCTFs July 19, 2002 Page 2 Law Enforcement Emergency • The average emergency response time(s) of public safety personnel in the general area where a potential SCTF site may be located. The general area reviewed may include the district or sub-area within the jurisdiction where the potential site is located. It may also include an area that encompasses more than one local jurisdiction. • The distance between the SCTF site being considered and risk potential locations and the density of risk potential locations. • The types of nearby risk potential locations and the frequency or level of use of the risk potential locations. • The proximity and availability of public safety personnel in other nearby locations to act as a secondary response to assist with potential emergencies. Fire Emergency • The average response time of the local fire department and the location of and access to local fire department stations, including volunteer stations. • The proximity of fire department personnel from other jurisdictions to the potential site and their availability to respond in an emergency. Medical Emergency • The average response time of local emergency medical personnel and the location of and access to local emergency medical services. • The availability of trained volunteer emergency medical personnel in the area, including SCTF staff certified in emergency medical procedures. Thank you for the work you and your staff are doing to provide for the siting of secure community transitions facilities. If you or your staff have any questions about the requirements for siting secure community transition facilities,_please call Beverly Wilson, Associate Superintendent for Community Programs, Special Commitment Center, at (360) 902-8257. Sin ly, • DENNIS BRA DOCK Secretary c: Planning Directors Assistant Secretary Timothy R. Brown, Ph. D. Superintendent Mark Seling, Ph. D. Dick Van Wagenen, Governor's Policy Advisor John Reynolds, Director, Lands and Buildings Beverly Wilson 4,STATE 4.:Mr 4._ J. 'NI' '1� 6� ieas� STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES Olympia, WA 98504-5000 June 20, 2002 Dear Elected Officials: Many of you and your staff have asked the Department of Social and Health Services (DSHS) for guidance regarding the "preemption" provisions of ESSB 6594 (Chapter 68, Laws of 2002). In particular, you have asked how and when DSHS will determine whether any of the six counties (Clark, King, Kitsap, Snohomish, Spokane, and Thurston) or any of the cities in those counties are preempted for failure to meet the statutory planning requirements to provide for the siting of secure community transition facilities (SCTF). After October 1, 2002, ESSB 6594 Section 9(1) preempts and supersedes local plans, development regulations, permitting and inspection requirements and all other laws as necessary to enable the department to site, construct, renovate, occupy, and operate secure community transition facilities within the borders of any of the six counties listed above or any of the cities in those counties that have failed to comply with legislatively mandated planning. A copy of Section 9 and other relevant sections of ESSB 6594 are enclosed. To avoid preemption, your jurisdiction must fulfill the planning requirements in RCW 36.70A.200 and chapter 71.09 RCW. At a minimum this means: 1. Do not preclude. Your jurisdiction's process and regulations must not preclude the siting of a SCTF. "Preclude" is defined as "render impossible or impracticable." Impracticable means "not practicable, i.e., incapable of being performed or accomplished by the means employed or at command."' For example, the Central Puget Sound Growth Management Hearings Board determined that a City of Tacoma ordinance that limited the location of new work release facilities to the City's Heavy Industrial District (M-3) where the availability of non-developed, non-contaminated sites is problematic, effectively precluded the siting of new work release facilities in the City.2 2. Adopt regulations consistent with state law. Your jurisdiction's land use regulations must be consistent with, and no more restrictive than, the requirements for siting and operating a SCTF set forth in chapter 71.09 RCW. 3. Establish an equitable distribution policy. Your jurisdiction must have considered the "equitable distribution" requirements of RCW 71.09.250(8). A written policy or statement that describes how your jurisdiction weighs this requirement against other public safety siting requirements of chapter 71.09 RCW is evidence of your consideration. Port of Seattle v. City of Des Moines, CPSGMHB Case No.97-3-0014,Final Decision and Order(August 13, 1997),at 8. 2 Department of Corrections v. City of Tacoma, CPSGMHB Case No. 00-3-0007,Final Decision and Order (November 20,2000),at 7. u i�A1 Elected Officials -- Letter on Preemption June 20, 2002 Page 2 4. Identify appropriate zones or areas. Your jurisdiction must have identified zones or areas that are appropriate for siting SCTFs and that include potential site(s) that meet and are consistent with state law requirements. The jurisdiction has the option of identifying specific sites or parcels that meet the criteria in state law. A specific or potential site means either buildable land or a suitable existing facility that is available for lease or purchase at a reasonable or fair market rate. The jurisdiction must have completed sufficient review to determine whether or not areas or zones designated as appropriate for siting a SCTF will actually yield potential sites that meet the criteria in chapter 71.09 RCW. At a minimum, this means analyzing risk potential locations and equitable distribution factors. To assist you in this analysis, DSHS has developed a Geographic Information System (GIS) that maps the locations of risk potential facilities and activities and provides information on equitable distribution factors. DSHS has provided this GIS data to your planning staff and will provide updated data as it becomes available. 5. Establish a process for timely siting. Your local jurisdiction must have designed siting and permitting processes that will result in a permitted SCTF site in a timely manner. This means that the siting process will enable the department to complete construction or renovation of a facility so that it is available for occupancy when needed. A reasonable amount of time to complete the local land use permitting process, including any pre- *id application requirements, is 180 days from the inception of any local requirements. It is the department's expectation that a jurisdiction's other permitting processes and regulations (e.g., building permits) for SCTFs will be no more stringent than the requirements for group care facilities. Determination of Preemption A county or city that has not complied with the requirements of RCW 36.70A.200 by September 1, 2002, is considered to be preempted, effective October 1, 2002. Not complying means either 1) the city or county has not adopted a process in its comprehensive plan and development regulations to provide for siting SCTF; or 2) the city or county has adopted a plan or development regulations that are in clear conflict with the requirements of RCW 36.70A.200, or RCW 71.09.285 through 71.09.340. The department expects to follow the local jurisdiction's adopted process and regulations for siting SCTFs unless the process and regulations do not comply with the law. Given the complexity and unique qualities of local processes and regulations, however, it may not be possible to determine at the outset of the department's siting process if the designated zones or areas will yield appropriate potential sites that meet statutory criteria or if the local process and regulations will result in timely siting. When siting a facility in a jurisdiction that has adopted a process and regulations, the department will endeavor to follow local requirements. If the department encounters siting barriers during the process, the department will consult with the local jurisdiction, evaluate whether preemption is necessary, identify alternative options, and notify the local jurisdiction of its decision. Nomif Elected Officials -- Letter on Preemption June 20, 2002 Page 3 It is our intent to work closely with and consult with counties and cities throughout the siting of secure community transition facilities regardless of preemption. If a facility is sited in a preempted jurisdiction, we will continue to consult with the local government. When you send your proposed plans and regulations to the Department of Community, Trade, and Economic Development (CTED), as specified in RCW 36.70A.106, please send us a copy. We are coordinating with CTED to act as the lead agency in reviewing proposals relating to SCTFs. We would appreciate receiving your proposals as early as possible in your planning process —that will give us an opportunity to assist your staff and to review and comment on your proposals. We would also appreciate receiving your adopted plans and regulations and any supporting documents as soon as possible upon their completion. Please send copies of your documents to Elizabeth McNagny, Housing Policy/Land Use Administrator, DSHS Lands and Buildings Division, P.O. Box 45848, Olympia, Washington, 98504-5848. Elizabeth's email address is MCNAGEC(a�dshs.wa.gov. If you or your staff have questions about the Special Commitment Center program or secure community transition facilities, please call Beverly Wilson, SCC Associate Superintendent for Community Programs, at (360) 902-8257. Your planning staff may also call Elaine Taylor, SCTF Land Use Administrator, at (360) 902-8184 for consultation and assistance in planning. Sincerely, D NIS BRADDOCK Secretary Enclosures • c: Planning Directors Tim Brown Mark Seling John Reynolds Beverly Wilson Elaine Taylor Elizabeth McNagny Scott Lockwood Dick Van Wagenen Leonard Bauer Association for Washington Cities Washington State Association of Counties 3tC-r1DNS 2) -1 ct OF ESSs 1Q 5q4 Sec. 2 . RCW 36.70A. 200 and 2001 2nd sp.s . c 12 s 205 are each amended to read as follows : (1) The comprehensive plan of each county and city that is planning under RCW 36.70A. 040 shall include a process for identifying and siting essential public facilities . Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47 . 06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW • 71.09 .020 . (2) Each county and city planning under RCW 36 .70A.040 shall, not later than ( (thc deadline specified in RCW 36.70A.130) ) September 1. 2002 , establish a process, or amend its existing process, for identifying and siting essential public facilities ( ( ,—) ) and adopt or amend its development regulations as necessary' to provide for the siting of secure community transition facilities consistent with statutory requirements applicable to these facilities. (3) Any city or county not planning under RCW 36 . 70A. 040 shall, not later than ( (the dcadlinc specified in RCVS 36 .70A.130) ) September 1. 2002, establish a process for siting secure community. transition facilities and adopt or amend its development regulations as necessary to provide for the siting of such facilities consistent with statutory requirements applicable to these facilities. (4) The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years . The office of financial management may at any time add facilities to the list. (5) No local comprehensive plan or development regulation may preclude the siting of essential public facilities. (6) No person may bring a cause of action for civil damaces base on the good faith actions of any county or city to provide or the sitina of secure community transition facilities in accordance wh this section and with the requirements of chanter 12 Laws of 2001 2 so. sess . Fo purposes of `his subsection "versor" includes but not limited to, any individual, agency as defined in RCW 42 . 17 . 020, corporation= partnership- association, and limited liability entity_ (7) Counties or cities siting facilities Pursuant to subsection (2) or (3) of this section shall comply with section 7 of this act . (8) The failure of a county or city to act by the deadlines established in subsections (2) and (3) of this section is not : (a) A condition that would disqualify the county or city for grants . loans, or pledges under RCW 43 . 155 . 070 or 70 . 146 .070 : (b) A consideration for Grants or loans provided under RCW 43 .17 .250 (2) ; or (c) A basis for any petition under RCW 36 . 70A.280 or for any private cause of action. NEW SECTION. Sec. 7 . A new section is added to chapter 71.09 RCW to read as follows: The minimum requirements set out in RCW 71 . 09 . 285 through 71.09.340 are minimum requirements to be applied by the department. Nothing in this section is intended to prevent a city or county from adopting development regulations, as defined in RCW 36 .70A.030, unless the proposed regulation imposes requirements more restrictive than those specifically addressed in RCW 71.09. 285 through 71. 09.340. Regulations that impose requirements more restrictive than those specifically addressed in these sections are void. Nothing in these sections prevents the department from adding requirements to enhance public safety. NEW ECTION. Sec. 9 . A new section is added to chapter 71.09 RCW to read as follows : (1) After October 1, 2002, notwithstanding RCW 36 .70A. 103 or any other law, this section preempts and supersedes local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary to enable the department to site, construct, renovate, occupy, and operate secure community transition facilities within the borders of the following: (a) Any county that had five or more persons civilly committed frotu that county, or detained at the special commitment center under a pending civil commitment petition from that county where a finding of probable cause has been made, on April 1, 2001, if the department determines that the county has not met the reo'iirements of RCW 36 . 70A.200 with respect to secure community transition facilities . This subsection does not apply to the county in which the secure community transition facility authorized under RCW 71. 09 .250 (1) is located; and (b) Any city located within a county listed in (a) of this subsection that the department determines has not met the requirements of RCW 36 . 70A.200 with respect to secure community transition facilities. (2) The department's determination under subsection (1) (a) or (b) of this section is final and is not subject to appeal under chapter 34 . 05 or 36 .70A RCW. (3) When siting a facility in a county or city that has been preempted under this section, the department shall consider the policy guidelines established under RCW 71.09 .275 and 71. 09 .290 and shall hold the hearings required in RCW 71. 09.315 (4) Nothing in this section prohibits the department from: (a) Siting a secure community transition facility in a city or county that has complied with the requirements of RCW 36 . 70A.200 with respect to secure community transition facilities, including a city that is located within a county that has been preempted. If the department sites a secure community transition facility in such a city or county, the department shall use the process established by the city or county for siting such facilities; or '(b) Consulting with a city or county that has been preempted under this section regarding the siting of a secure community transition facility. - (5) (a) A preempted city or county may propose public safety measures specific to any finalist site to the department. The measures must be consistent with the location of the facility at that finalist site. The proposal must be made in writing by the date of : (i) The second hearing under RCW 71. 09 .315 (2) (a) when there are three finalist sites; or (ii) The first hearing under RCW 71.09 .315 (2) (b) when there is only one site under consideration. (b) The department shall respond to the city or county in writing 4100 within fifteen business days of receiving the proposed measures. The response shall address all proposed measures. . .............. (c) If the city or county finds that the department' s response is lnauequate, i.0 vtLy vt vuiiLy may ilULtly t.lic '. ' L_t_m=i L .L W11L 11, • within fifteen business days of the specific items which it finds inadequate . If the city or county does not notify the department of a finding that the response is inadequate within fifteen business days, the department' s response shall be final. (d) If the city or county notifies the department that it finds the response inadequate and the department does not revise its response to the satisfaction of the city or county within seven business days, the city or county may petition the governor to designate a person with law enforcement expertise to review the response under RCW 34 .05.479. (e) The governor' s designee shall hear a petition filed under this subsection and shall make a determination within thirty days of hearing the petition. The governor' s designee shall consider the department' s response, and the effectiveness and cost of the proposed measures, in relation to the purposes of this chapter. The determination by the governor' s designee shall be final and may not be the basis for any cause of action in civil court. (f) The city or county shall bear the cost of the petition to the governor' s designee. If the city or county prevails on all issues, the department shall reimburse the city or county costs incurred, as provided under chapter 34 . 05 RCW. (g) Neither the department' s consideration and response to public safety conditions proposed by a city or county nor the decision of the governor' s designee shall affect the preemption under this section or the department' s authority to site, construct, renovate, occupy, and operate the secure community transition facility at that finalist site or at any finalist site. (6) Until June 30, 2009, the secretary shall site, construct, occupy, and operate a secure community transition facility sited under this section in an environmentally responsible manner that is consistent with the substantive objectives of chapter 43 .21C RCW, and shall consult with the department of ecology as appropriate in carrying out the planning, construction, and operations of the facility. The secretary shall make a threshold determination of whether a secure community transition facility sited under this section would have a probable significant, adverse environmental impact. If the secretary determines that the secure community transition facility has such an impact, the secretary shall prepare an environmental impact statement that meets the requirements of RCW 43 .21C. 030 and 43 .21C.031 and the rules promulgated by the department of ecology relating to such statements . Nothing in this subsection shall be the basis for any civil cause of action or administrative appeal . (7) This section does not apply to the secure community transition facility established pursuant to RCW- 71. 09 .250 (1) . ALLOCATION OF ADDITIONAL SECURE COMMUNITY TRANSITION FACILITY BEDS PER RCW 71.09.250(6) AND ESSB 6594 2004 THRU 2007 Current law requires all counties and their cities to amend their plans and development regulations, as needed, by September 2002, to provide for the siting of Secure Community Transition Facilities (SCTF). ESSB 6594, however, has effectively narrowed this requirement to the six of the seven counties that had at least five residents committed or detained for commitment to the Special Commitment Center (SCC) on April 1, 2001. Under the new law, the state has authority to "preempt" any of these six counties, or their cities, that fail to complete the required planning by October 1, 2002. This preemption authority will enable the state to site facilities in these counties as needed. Pierce County is exempt from this planning requirement because it is the site of a 24-bed SCTF on McNeil Island. Clark, Kitsap, Spokane and Thurston Counties are each required to plan for one three-bed facility, the minimum size facility that may be sited. King and Snohomish Counties, with a greater number of residents committed to SCC, have been assigned a greater number of beds, expressed in a range from minimum to maximum needed by 2007. County Residents at SCC on 4-1-01 Projected Minimum and Maximum # of Beds Needed by 2007 Clark 6 3 King 41 5 — 15 Kitsap 6 3 Pierce 21 No Additional Beds Required Snohomish 20 3 —7 Spokane 5 3 Thurston 8 3 Department of Social and Health Services Special Commitment Center April 2002 INDEX OF KEY PROVISIONS FOR SITING AND OPERATING SECURE COMMUNITY TRANSITION FACILITIES Definitions • Risk potential activity or facility Sec.102(7) 71.09.020(7) Sec. 4(7) General Provisions • Clarifications on state authority to Sec. 201(3) 71.09.250(3) preempt and supersede local and state laws to site facilities • Determining maximum number of SCTF Sec. 201(7)(a) 71.09.250(7)(a) Secs. 11-14 beds that may be required to be sited in any county • Equitable distribution factors Sec. 201(8)&(9) 71.09.250(8)&(9) Amendments to Growth Management Act for on essential public facilities and local Sec. 205 36.70A.200 Sec. 2 government planning requirements for SCTFs Local government immune from causes of action for civil damages related to siting Sec. 2(6) SCTFs Local government's failure to act by planning deadlines not a condition for fiscal sanctions Sec. 2(7) or private cause of action Law enforcement must respond to calls Sec. 3(1) regarding SCTF residents as high priority Local gov't and law enforcement officers immune from causes of action when making Sec. 3(2) "good faith" responses jSiting not limited to residential areas Sec. 206 71.09.260 Response time and proximity to risk potential Sec.213 71.09.285 Sec.5 facilities General Siting Criteria Sec. 214 71.09.290 Security systems Sec. 215 71.09.295 Staffing requirements Sec. 216 71.09.300 Department of Social and Health Services Special Commitment Center April 2002 1 71.09.305 and 4101110 Electronic monitoring and escort requirements Sec. 217 71.09.310 Sec. 6 Public notification for locating facilities Sec. 219 71.09.315 Local siting requirements more restrictive than state law are void Sec. 7 Planning and Siting Incentive Grants • Eligibility for bonus grants Sec.201(7)(b) 71.09.250(7)(b) • Planning grants Sec. 204(3) 71.09.255(3) Sec.8 • Basic incentive grants Sec.204(4) 71.09.255(4) • Rapid permitting bonus Sec.204(5) 71.09.255(5) • Excess bed bonus Sec. 204(6) 71.09.255(6) State authority to preempt and supersede local requirements Sec.9(1)-(4) Preempted city or county may propose specific public safety measures Sec.9(5) City or county may appeal DSHS' response to the public safety proposal Sec.9(5) '4111) Appeal decision is final and not subject to judicial review Sec. 10 DSHS must site SCTFs in environmentally responsible manner Sec. 9(6) Cross-reference of GMA and preemption Sec. 15 provisions of ESSB 6594 Sec. 9 Long-term contract with local government on Sec. 16 operating procedures for SCTFs Mitigation agreements with communities Sec. 207 71.09.250 and Sec. 17 affected by the siting of an SCTF RCW NOTES Local option to plan for regional secure community transition facilities Sec. 18 Department of Social and Health Services Special Commitment Center April 2002 2 { PLANNING FOR SECURE COIVIIVIUNITY TRANSITION FACILITIES State of Washington Department of Social and Health Services s`a� � � Special Commitment Center Y • August2002 4 . Background u 1990 Community Protection Act J Civil commitment for certain sex offenders ❑ Superior courts are the courts of commitment 4 » . Special Commitment Center on McNeil Island ✓ Total confinement facility Mental health treatment model w i Residents have right to annual court review ✓ Progress in treatment ✓ Readiness for conditional release to a less restrictive alternative (LRA) placement August2002 2 SITING SECURE COMMUNITY TRANSITION FACILITIES i Conditional Release to Communities Court of commitment determines if: ❑ Treatment provider is available and willing to work with resident f G ❑ Treatment provider will prepare treatment ,` , ,, ' plan and make regular reports to court • $ts'?xya ate - ' src tti ;a. ? ❑ An LRA placement is available that adequately protects the community ❑ Resident is willing to comply with conditions imposed by court, and treatment provider, August 2002 and community corrections officer 3 *,41) Federal Court Injunction ❑ Must provide "constitutionally adequate mental health treatment" ❑ Contempt fines now $5 million+ and growing ❑ Critical issue: Must site and operate secure yyCC; k � • community transition facilities (SCTF) SCTF on McNeil Island not enough : , = r Must site SCTFs in mainland communities Significant progress must be made before next hearing on 12/10/02 August 2002 4 SITING SECURE COMMUNITY TRANSITION FACILITIES V Program and Security Measures "Structured Community Transition" ❑ Residential staff, community corrections officer, and sex offender treatment provider work together to provide oversight a � � ❑ Intensive staffing ratios and one-to-one 1, g. escorts—staff and escorts must be trained �` ' , F ❑ Electronic monitoring of individual.residents ❑ Ongoing treatment, random polygraphs ❑ Household and perimeter security August 2CO2 5 ‘411. 0' Key Legislative Ra uire ants 3ESSB 6151 —Enacted June 2001 ❑ Authorized SCTF on McNeil Island ❑ Directed DSHS to project number of additional SCTF beds needed and notify counties ; s '3 5 ❑ Required counties and cities to plan for siting SCTFs Established specific siting criteria including security, staffing, and escort requirements ❑ Authorized planning and incentive grants August2002 6 SITING SECURE COMMUNITY TRANSITION FACILITIES j Legislative Ra uire tints ESSB 6594—Enacted March 2002 0 Deletes 5-minute law enforcement response time requirement, but requires a balance between response time and proximity to risk potential locations ❑ Grants local governments and law enforcement officers immunity ME Z Y t : F1:40 Authorizes contracts on SCTF operating 4'4;i9 procedures and public safety mitigation vx ❑ Requires cities and counties to complete planning for SCTFs by September 1,2002 0 Subjects jurisdictions in six counties to "preemption"after October 1,2002 for failure to meet planning requirements August 2002 7 *11111) Preemption Provisions Applies only to local governments in Clark, King, Kitsap, Snohomish, Spokane, and Thurston Counties 0 Applies only to the jurisdictions that fail to complete required planning by 9/01/02 is Preempts and supersedes local plans, t w development regulations, inspection requirements and all other laws for siting, 1 constructing, renovating, occupying and t operating SCTFs August 2002 8 SITING SECURE COMMUNITY TRANSITION FACILITIES • Conditions Resulting h Preemption DSHS will defer to the local process unless: • Local jurisdiction has not done necessary planning to provide for siting of SCTFs t� � # ❑ Local process or regs preclude SCTFs ❑ Local regs are inconsistent with or more restrictive than state law f ❑ Local land use permitting process will not result in timely siting (within 180 days from start of process) August 2002 Siting r s - DSHS puties • Assist local governments in planning • Provide planning and incentive grants • • 0 Hold public hearings on identified sites • s�agm t xz " z ❑ Approve all SCTF sites selected Use power of preemption, if necessary, to enable siting in the six counties ❑ Report to legislature on 12/1/2002 on siting progress August 2002 10 L SITING SECURE COMMUNITY TRANSITION FACILITIES 4.0) • th Process -� LocalGovernment Mies 'D Amend comprehensive plans and development regulations by 09/01/02: / Consistent with statutoryre uirements �' ✓ Not more restrictive than state requirements tA � ✓ Provide for the timely siting of SCTFs .t• `` s '-,• Give great weight to"equitable distribution" of SCTFs(county and cities work together) J Do not preclude the siting of SCTFs August2002 it '14111) Overviewf the Planning and Siting Process 1, ,.:- z 4s1 Ln �,,,,f ,q V lt.y 1 S b 4 h 1..,,''',Y'4''4e.''',Q'46;r- tiP !a k2 h 4W 4 sty, 7 n: 12 August2G02 j SITING SECURE COMMUNITY TRANSITION FACILITIES L Consider Key Siting Requirements in iani Give preference to SCTF locations farthest removed from risk potential facilities Prohibit siting of SCTFs adjacent to or } within line of sight of risk potential facilities 4,4 ❑ Consider equitable distribution factors E • ' U Balance proximity of the SCTF site to "risk potential"facilities such as schools, child care centers, etc., against other factors August 2002 13 Review and Share Information ❑ Review DSHS and local GIS data on: ✓ Risk potential locations Equitable distribution factors: location and number of correctional and mental health facility beds and registered sex offenders ❑ Share proposed plans and regs with other jurisdictions and DSHS Au gust 2002 14 SITING SECURE COMMUNITY TRANSITION FACILITIES Develop Siting Regulations Analyze local areas and zones to determine which meet statutory requirements and are most suitable for siting SCTFs Review proposed regulations against statutory requirements LJ Consider and weigh public safety factors— decide order of importance of siting factors such as proximity of SCTF to risk potential locations, equitable distribution,etc. • August 2CO2 15 Adopt Local Plans and e s Adopt comprehensive plans and development regulations that: 1.10f ✓Define the siting process ✓Identify areas or site(s) VConsistent with state law /Not more restrictive than state law August2002 15 1411110 SITING SECURE COMMUNITY TRANSITION FACILITIES DSHS Will Revievi Sites DSHS will review possible sites within the areas or zones identified by local jurisdictions If jurisdiction is preempted, DSHS O :May - '0,4 1 will informally consult with the jurisdictions in its search for sites DSHS will select one or more potential SCTF sites within the areas identified by the local jurisdiction(s) August 2002 17 Hold Public Hearings ® DSHS, in consultation with the local jurisdiction(s), will hold .. public hearings on the potential 's site(s) ! .! DSHS will provide the public with information on specific sites August2002 13 1/41401 SITING SECURE COMMUNITY TRANSITION FACILITIES 1 Select Preferred Site ❑ DSHS will select the preferred site - K C1 DSHS will follow local process, OR C1 Consult with preempted jurisdiction Contract with consultants ✓ Site in environmentally responsible manner—follows SEPA substantively August 2002 19 ,410) For More Information. ❑ 3ESSB 6151 (Chapter 12, Laws of 2001,2nd Sp. Session) ❑ ESSB 6594(Chapter 68, Laws of 2002) ❑ DSHS Policy Guidelines, 10/01/01 Civil Commitment—RCW 71.09 a p. ❑ Growth Management Act-RCW 36.70A t � � ��k s���� _ ❑ www.wa.gov/dshs/geninfo/sccoverview.html E ?❑ DSHS Staff Contacts: } v Beverly Wilson (360)902-8257 ✓ Kelly Cunningham (360)902-7541 • ✓ Elaine Taylor (360)902-8184 August 2002 20 1400) SITING SECURE COMMUNITY TRANSITION FACILITIES FREQUENTLY ASKED QUESTIONS Answers to Questions about the DSHS Special Commitment Center and Requirements for Siting Secure Community Transition Facilities BACKGROUND INFORMATION 1. What is the Special Commitment Center? The Special Commitment Center (SCC), located on McNeil Island, is a total confinement facility designed to provide long-term rehabilitative treatment for certain sexual offenders. The program, operated by the Department of Social and Health Services (DSHS), is housed within the secure perimeter of the McNeil Island Corrections Center. Although the program operates within the confines of a correctional facility, it is not a prison or criminal justice program. It is a specialized mental health treatment program. Sex offenders who have completed their criminal sentences, but are found by state superior courts to meet the definition of"sexually violent predator" under chapter 71.09 RCW, may be civilly committed to the SCC for care, control, and custody. They remain in the total confinement program receiving ongoing treatment until the court determines that they are ready for placement in a less restrictive community supervised living arrangement. 2. What does "less restrictive alternative" mean? What is a "secure community transition facility?" A less restrictive alternative (LRA) placement is defined in the state law as a living arrangement that is less restrictive than total confinement. An LRA placement may be in a residential facility program operated or contracted by the Department of Social and Health Services or in the person's own home in the community. "Secure community transition facility" (SCTF) is the statutory name for a LRA residential facility program operated or contracted by DSHS. As stated in RCW 71.09.020, "...a secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services." The program offers 24-hour intensive staffing and line- of-sight supervision by trained escorts when residents leave the facility. 3. How does a court decide when an SCC resident is ready for conditional release from the SCC? What are the grounds for making that decision? Each civilly committed person receives an annual review by qualified professionals to evaluate the person's progress in treatment. A civilly committed individual has a right to an annual hearing in the superior court of commitment to determine his or her readiness for conditional or unconditional Department of Social and Health Services Special Commitment Center April 2002 1 release. The superior court judge or jury makes the decision based on expert testimony of the person's history and progress. If the court determines that the community can be adequately protected and it is in the person's best interest to be conditionally released, the court may order the person's conditional release to a less restrictive alternative placement. The court's determination that an individual is ready for conditional release is based on the individual's behavior, psychological testing, and expert testimony. 4. Why is it necessary to establish LRA facilities? As required by state law, individuals who have been determined by the courts to be ready for conditional release have the right to live in settings that are less restrictive than total confinement. As discussed below, the civil commitment program must meet the standard of "constitutionally adequate mental health treatment." This means that residents who are ready for conditional release must have an opportunity for a less restrictive placement. Many SCC residents do not have the personal or family resources necessary to provide the level of support and supervision required for successful conditional release. A structured and closely supervised community residential program provides community protection and an appropriate environment in which the conditionally released person can continue treatment, learn appropriate life skills, and make a successful transition to community living while being closely monitored. In August 1991, a civil rights complaint was filed in federal court alleging violations of the constitutional rights of SCC residents. In 1994, the Federal District Court entered an order and injunction requiring the SCC to provide the residents with "constitutionally adequate mental health treatment." Since 1995, the court has held annual or semiannual hearings on the state's progress toward meeting the court's requirements. Following the November 1999 hearing, the federal court ordered that a penalty of $50 per day per resident accrue, but deferred the state's payment of the contempt sanctions because many improvements had been made within the SCC program. The court also found that the lack of less restrictive alternative housing options was a significant issue and ordered the state to "[make] arrangements...for the community transition of qualified residents, under supervision, when they are ready for a less restrictive alternative." Following the July 2001 and February 2002 hearings, the court found that the state's enactment of legislation (3ESSB 6151 and ESSB 6594) establishing the McNeil Island Secure Community Transition Facility and providing a process for siting additional facilities on the mainland was a significant positive step. However, the court has continued the accrual of the contempt sanctions (now well over $4 million) until the state has established LRA facilities on the mainland. 5. Why doesn't the state appeal the federal court orders? What would happen if the state simply refused to provide less restrictive alternative housing options? Department of Social and Health Services Special Commitment Center April 2002 2 The state has appealed past federal court orders and lost. At the very least, a refusal to implement less restrictive alternative housing options may result in an order requiring the state to pay a large sanction that could continue until compliance with the court order is met. A refusal could ultimately place the SCC program in jeopardy and lead to the closure of the program and release of SCC residents to settings with little or no supervision. 6. How many sex offenders reside in the SCC? As of April 2002, there are 156 residents in the Special Commitment Center total confinement program, including one woman who is housed at a special unit in the Washington Corrections Center for Women at Purdy, and one juvenile who is in a program outside Washington State. There are also seven SCC residents who have received court-ordered conditional releases. Three of these individuals are living in private residences in the custody of their families, three are in a special needs contracted community program, and one is in the recently established McNeil Island Secure Community Transition Facility. For the past several years, admissions to the SCC have been averaging about 2.5 residents per month. SCC TREATMENT PROGRAM AND SECURITY REQUIREMENTS 7. What kind of rehabilitative treatment do SCTF residents receive? Prior to their conditional release, SCC residents participate in an intensive treatment program at the total confinement facility. The treatment program requires the resident to participate in intensive individual and group sessions with qualified professionals, undergo periodic polygraph (lie detector) and plethysmograph (sexual arousal) tests, and, in some cases, take medications. Residents who successfully complete the first five phases of treatment begin their preparation for a community transition placement. Residents who receive court-ordered conditional releases to an LRA must continue participating in intensive treatment with a qualified, court-approved community sex offender treatment provider. The SCTF staff work as a team with the resident's treatment provider and assigned community corrections officer to monitor the resident's progress throughout all aspects of the community transition program. 8. What level of security does an SCTF provide for community protection? State law requires SCTFs to provide a high degree of security and staff supervision. The coordination and teamwork of the SCTF program staff, sex offender treatment provider, community corrections officer, and local law enforcement are essential to assuring community protection. Security measures include: • Specific conditions set by the court. To protect the community when a person is conditionally released, the court of commitment orders clearly defined conditions that the person must follow. State law requires the Department of Social and Health Services Special Commitment Center April 2002 3 program staff, treatment providers, and community corrections officers to immediately report serious violations of court-ordered conditions, including any alleged criminal offenses, to law enforcement. If the person is not arrested and detained by law enforcement, the person must be transferred to the SCC total confinement facility pending the outcome of a court review. • Proximity of SCTF site to risk locations. When a property is considered for an SCTF, the law requires DSHS and local governments to consider and address many factors. Key considerations include the distances between the SCTF and "risk potential activities and facilities" such as child care centers, schools, school bus stops, public libraries. The law also requires evaluating a site to determine if barriers exist or can be installed to shield visibility between the SCTF and adjacent properties, if electronic monitoring services are available to the area, and if there is reasonable access to community services such as treatment, employment, vocational training, etc. • Intensive staffing. The law requires the SCTF to provide intensive staffing ratios. In facilities with six or fewer residents, the facility must provide a ratio of one staff on duty for each resident during the day and evening hours, and two staff on duty for every three residents during the night hours. • Close supervision and escorts. Unless otherwise ordered by the court, each SCTF resident must be closely supervised (on a one-to-one basis) by a trained staff or court-authorized escort when the resident leaves the SCTF premises for any purpose. The staff/escort must remain with the resident for the duration of the outing, even when the resident may be working at a job. • Household security systems. The SCTF facility must have household and perimeter security systems installed that meet specific technical specifications and offer appropriate emergency backup provisions. This includes providing a tamper-proof security panel, emergency electrical supply system, personal panic devices for all staff, staff photo ID badges, etc. • Intensive training for qualified staff. SCTF staff must meet specific qualifications and receive specialized in-service training on a range of topics before they begin working with residents. Each staff is required to pass a thorough state and federal criminal background check and not have a history of any felony convictions. • Informed staff and escorts. Staff and escorts must be fully informed about each resident's offense history and behavior patterns. Although staff and escorts do not carry guns, they must be equipped with cell and radio phones, and be trained in self-defense and appropriate emergency response procedures. Department of Social and Health Services Special Commitment Center April 2002 4 • Community trips require advance planning. Residents are allowed to leave the facility premises only for specific purposes, as authorized by the court order, and only with prior approval of the resident's assigned community corrections officer, treatment provider, and the SCTF program manager. Reasons for leaving the facility may include treatment, employment interviews, employment, training, and other activities, such as family visits, that are specifically addressed in the resident's treatment plan. • Individual electronic monitoring devices. Unless otherwise ordered by the court, each resident must wear an individual electronic monitoring device. 9. If an SCTF is sited in our county, will the residents placed there be the same ones who were committed from our county? It is possible, but not a given. The court orders the placement and considers many factors including whether housing is available that meets the court's conditions and the individual's needs, a qualified community sex offender treatment therapist has agreed to work with the resident and make regular reports to the court, the location of victims, etc. PLANNING AND SITING REQUIREMENTS FOR SECURE COMMUNITY TRANSITION FACILITIES 10.What is being proposed?What does the law require? Two laws have been passed that address the siting of secure community transition facilities. In June 2001, the state enacted 3ESSB 6151 (Chapter 12, Laws of 2001, E2). This law provides direction to DSHS and local governments in the planning and siting of secure community transition facilities. The law requires counties and cities that are fully planning under the Growth Management Act (GMA) to include a process in their comprehensive plans and development regulations to provide for the siting of SCTFs. Counties and cities not fully planning under GMA also must establish a planning process and amend their development regulations, as needed, to provide for siting SCTFs. The statute provides specific siting requirements and community safety standards that DSHS and local governments must follow. In March 2002, ESSB 6594 (Chapter 68, Laws of 2002) was enacted. This legislation amended some of the siting criteria enacted in the previous legislation and addressed several other issues that are relevant to the role of cities and counties in the SCTF planning and siting process. The requirement to site facilities in areas in which it is possible to "endeavor to achieve an average law enforcement emergency response time of five minutes" was deleted from the law. ESSB 6594 provides cities and counties with immunity from causes of action for civil damages related to the siting of SCTFs. Cities and counties and their law enforcement personnel are also Department of Social and Health Services Special Commitment Center April 2002 5 granted immunity from causes of action for civil damages if law enforcement personnel make reasonable and good faith efforts to respond to emergencies involving SCTF residents. The 2002 law authorizes two types of contractual agreements between DSHS and local governments. DSHS and the local government where a facility is sited may contract with each other to memorialize their agreements on SCTF operating procedures and their respective roles and responsibilities. Contingent upon funds being appropriated, DSHS may also contract with local communities to provide resources to mitigate the impact of the SCTF. To assure that facilities can be sited in a timely manner, ESSB 6594 provides the state with limited authority to "preempt and supersede local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary to enable the department to site, construct, renovate, occupy, and operate secure community transition facilities..." The state's preemption authority applies only to six counties (Clark, King, Kitsap, Snohomish, Spokane, and Thurston) and any of their cities and only to any of those jurisdictions that fail to comply, by September 1, 2002, with the statutory planning requirements for siting secure community transition facilities. 11.What is the role of the local jurisdiction? What is the role of DSHS? Under RCW 36.70A.200, no local comprehensive plan or development regulation may preclude the siting of essential public facilities, including SCTFs. State regulations recommend that local governments take a cooperative inter-jurisdictional approach, consistent with countywide planning policies, in planning for difficult-to-site essential public facilities of a countywide, regional or statewide nature. Cities and counties have the lead role in defining a process and appropriate areas for siting SCTFs. In other words, local jurisdictions are responsible for planning and permitting. To plan for the siting of these facilities, local governments must conduct the analysis necessary to identify areas or sites that meet the minimum criteria required by state law. As the permitting authority, local government is not responsible for buying or leasing land or buildings for SCTFs. DSHS is required to work with local governments in the planning process. In the event that DSHS must preempt a local jurisdiction to site a facility, DSHS will continue to consult with the local government as appropriate. To help local jurisdictions in the planning process, DSHS will provide program information, geographic information system (GIS) data and other technical support. To support this effort, DSHS is building a comprehensive geographic information system to assist local jurisdictions in the mapping and review of potentially suitable areas for siting SCTFs. Once a local jurisdiction has identified appropriate area(s) or zones, and DSHS has determined that a facility is needed in that area, DSHS will review the available properties within Department of Social and Health Services Special Commitment Center April 2002 6 those areas to identify specific sites. After identifying specific sites, DSHS will apply to the local jurisdiction for the appropriate permits. If the jurisdiction has been preempted, DSHS will continue to consult with local government as appropriate. 12.What is the role of the towns and cities within the county? Is my city required to find a site separate from sites our county may identify? At a minimum, the state law requires counties and cities within the county to notify each other of siting plans. The legislation does not further define how counties and cities must coordinate. Early coordination, with counties taking a lead role, is advisable because it allows the seamless review of risk potential facilities and equitable distribution factors. All counties and cities must establish a process and development regulations to provide for siting SCTFs. Except where countywide planning policies have otherwise dictated siting choices, development regulations should provide for the possibility of siting each of the listed essential public facilities somewhere within each jurisdiction's planning area. DSHS expects that a coordinated countywide analysis will determine that some areas within a county's boundaries will be preferred over others for siting SCTFs. 13.In August 2001, DSHS notified all 39 counties that SCTFs may need to be sited within any of 12 identified counties sometime between May 2004 and May 2007. Our county was one of the 12 counties identified, but it is not one of the six counties that are subject to preemption under ESSB 6594. Do different planning and siting requirements apply to our county? No. ESSB 6594, however, clarifies that a failure of any jurisdiction to complete the planning by the deadline is not a condition for fiscal sanctions, appeals to the growth management hearings board, or a private cause of action. If your jurisdiction is not subject to preemption, DSHS would not site a facility in your area unless your jurisdiction volunteers as a location. Jurisdictions that are subject to preemption and that fail to do the required planning by the deadline run the risk of losing local control over the SCTF siting, permitting, and construction process if and when DSHS determines that a facility must be sited in that jurisdiction. If DSHS decides to site a facility in a preempted jurisdiction, the department will consult with the local government and attempt to follow local procedures and practices to the extent possible. 14.What steps does DSHS suggest for coordinating with local jurisdictions? Although there will be local variations, DSHS suggests the following steps: a. The county and its cities establish a coordinated countywide planning process. At a minimum, a coordinated process would include sharing Department of Social and Health Services Special Commitment Center April 2002 7 early drafts of revisions to comprehensive plans and development regulations. b. DSHS, counties, and cities share data on location of risk potential facilities and activities and equitable distribution factors. c. DSHS assembles the data available and provides counties and cities with digital GIS data. d. Counties and cities adopt comprehensive plan amendments and development regulations, as necessary, that define the siting process, criteria, and zones, areas or site(s) appropriate for siting SCTFs. e. When ready to site a facility in a particular area, DSHS will review available sites within the areas identified by the local jurisdiction(s) and approves sites that meet state requirements. If a jurisdiction has been preempted, DSHS will consult with the local government and identify appropriate sites. As needed, DSHS will select one or more potential SCTF sites within the areas identified by the local jurisdiction(s). f. DSHS, in consultation and coordination with the local jurisdiction(s)where sites under consideration are located, will hold public hearings on the sites as required by state law. g. DSHS will select the preferred site for the facility. h. If the local jurisdiction has not been preempted, DSHS will follow the local jurisdiction's permitting requirements. If the jurisdiction has been preempted, DSHS will consult with the local government and engage the services of other permitting and construction consultants and resources as needed (e.g., the state fire marshal) to act in lieu of the local government. 15.What GIS data is DSHS collecting and making available to local jurisdictions? DSHS is gathering data that include: • Locations of the risk potential facilities referenced in the law. These risk potential facilities include public and private schools, licensed day care facilities, licensed preschool facilities, public parks, publicly dedicated trails, playgrounds, and sports fields, recreational and community centers, school bus stops, churches, synagogues, temples, and mosques, and public libraries. • The number of registered sex offenders (Levels I, II, and Ill) aggregated by city and county. Limitations of the data prevent further sub- categorization by offender level. Data sharing agreements preclude DSHS from releasing this information at an individual level. Department of Social and Health Services Special Commitment Center April 2002 8 • The number of residential facility beds in each jurisdiction operated by the Department of Corrections' and the DSHS Mental Health Division. By mid-May 2002, DSHS will make the GIS data available to the six counties and their cities subject to preemption. Cities may wish to coordinate their efforts through their county's GIS department to assure consistency and seamless coverage. Data for the remaining counties and cities will be limited at this time, but DSHS will continue to build the system so that over time, information will be available statewide. 16.Who is responsible for the public's participation in the planning and siting process? The local jurisdiction is responsible for the public participation process required for the revisions it makes to its comprehensive plan and development regulations. State law requires DSHS to conduct a public hearing process during the final site selection. Where local government requires public notice and hearings associated with permits, the DSHS public hearings requirement does not apply to the extent they are duplicative of the local requirement. Local public hearing requirements would apply only in non-preempted jurisdictions. 17.What amount will be awarded in a planning grant? Does accepting the grant make it more likely that DSHS will site a facility in our jurisdiction? DSHS is waiting until early May 2002 for responses from cities and counties about their interest in applying for grants before determining the level of grant awards. DSHS is considering various award options such as providing somewhat larger awards to counties than to cities that apply individually and providing a small bonus for jurisdictions that apply jointly. A local jurisdiction's acceptance of a planning grant will have no effect on DSHS' siting decisions. DSHS will look for the best sites that meet statutory requirements and program needs and that can be sited in a timely manner. Because of the urgency to site facilities, DSHS will be looking for sites in all six counties. In deciding where to site facilities, the department will consider many factors including which counties were responsible for the civil commitment of the likely LRA candidates. However, there is no one overriding factor that will drive siting decisions. 18.What does it mean to "make a commitment to initiate the process to site a facility?" Jurisdictions accepting grants will be expected to fully comply with RCW 36.70A. 200. At a minimum, this means: Department of Social and Health Services Special Commitment Center April 2002 9 • The jurisdiction's local process and regulations must not preclude the siting of a SCTF. • The jurisdiction's land use regulations must be consistent with, and no more restrictive than, the requirements for siting and operating a SCTF set out in chapter 71.09 RCW. • The jurisdiction must consider the effect of "equitable distribution factors" on the siting of a facility as addressed in RCW 71.09.250(8). • The zones or areas that the jurisdiction identifies as appropriate for siting secure community transition facilities must include potential sites that meet the criteria in state law. The jurisdiction has the option of identifying specific sites or parcels that meet the criteria in state law. A specific or potential site means either buildable land or a suitable existing facility that is available for lease or purchase at a reasonable or fair market rate. • The local jurisdiction's siting and permitting processes that would be required when DSHS actually sites a facility must be designed to result in a permitted site in a timely manner. To meet these requirements, we suggest that a jurisdiction complete sufficient analysis to determine whether or not areas or zones designated as appropriate for siting an SCTF will actually yield potential sites that meet the criteria in chapter 71.09 RCW. At a minimum, this means analyzing risk potential locations and equitable distribution factors. To assist in this analysis, DSHS has developed a Geographic Information System (GIS) that maps the locations of risk potential facilities and activities and equitable distribution factors. Recently, DSHS provided the GIS data to the six counties subject to preemption and their cities. The process for siting a facility in a timely manner means being able to complete construction or renovation of the facility so that it is available for occupancy when needed. A reasonable amount of time to complete the local land use permitting process is 180 days from the date of application or the start of the process. It is the department's expectation that a jurisdiction's other permitting processes and regulations (e.g., building permits) for SCTFs will be the same as that required for similar type facilities. 19.What does preemption actually mean? What procedures will DSHS follow if siting a facility in a preempted jurisdiction? Preemption means that all local and state land use plans, policies and regulations do not apply to the siting of a facility. This includes state laws such as State Environmental Protection Act (SEPA), the Shoreline Management Act, and the Hydraulics Code. The law makes clear, however, that DSHS must site a facility in an environmentally responsible manner that is consistent with the substantive objectives of SEPA and consult with the Department of Social and Health Services Special Commitment Center April 2002 10 Department of Ecology to carry out the planning, construction, and operations of the facility. DSHS must make a threshold determination if the siting would have a probable significant, adverse environmental impact. If so, DSHS must prepare an environmental impact statement that meets the requirements of SEPA and regulations promulgated by the Department of Ecology. If DSHS sites in a preempted jurisdictions, the department will also contract with consultant firms to review and advise on building and site preparation requirements, the state fire marshal to review and advise on fire codes, etc. 20. How big a site do you need for a 3-bed facility or a 12-bed facility? The required size of the site will vary by jurisdiction. Several factors must be considered: Is the site serviced by a jurisdiction's water and sewer systems or is a well and septic system required? If a well and septic system are needed, what is the separation requirement? If a septic system is required, what are the jurisdiction's drain field requirements and how well does the soil drain on that particular site? What are the jurisdiction's requirements for setbacks and parking? DSHS estimates that a site for a 3-bed facility with a well and septic system will require a minimum of 2 acres. A 12-bed facility with a well and a septic system would require a minimum of 3 acres. If installation of a well and septic system is not necessary, the site could be smaller but will still vary by jurisdiction. 21. State law voids local requirements that are more restrictive than the statutory minimum criteria. Can local jurisdictions still require that an SCTF meet local design standards, landscaping, setback, light and noise restrictions, etc.? Yes. In general, the normal physical standards for the jurisdiction and the zoning district would apply. These might include design guidelines, landscaping, setbacks, lighting, signage, percentage of site coverage, location of access to a major arterial, etc. Any conditions affecting the operation of the facility or imposing additional safety requirements would be "more restrictive" than those in the state statute. 22.Who can local jurisdictions contact to get more information? DSHS staff welcome the opportunity to meet with local elected officials and staff, planning commission members, and others. All of the staff listed below are knowledgeable about the siting of SCTFs, the SCC program, and technical land use issues. If the staff person you contact is unable to answer your questions, he or she will ask the appropriate person to respond. Department of Social and Health Services Special Commitment Center April 2002 11 PROGRAM ISSUES: DSHS Special Commitment Center Community Programs PO Box 45322 Olympia, WA 98504-5322 Beverly Wilson, Associate Superintendent 360-902-8257 360-902-8497 (fax) wilsobk2dshs.wa.gov Allen Ziegler, Community Programs Manager 360-902-8258 360-902-8497 (fax) Zieglwa(cr�dshs.wa.gov Kelly Cunningham, Community Programs Manager 360-902-7541 360-902-8497 (fax) CunniKJ(a�dshs.wa.gov LAND USE ISSUES: DSHS Division of Lands and Buildings PO Box 45848 Olympia, WA 98504-5848 Elaine Taylor, Land Use Administrator for SCTFs Special Commitment Center/Lands and Buildings 360-902-8184 360-902-7889 (fax) TAYLOEAdshs.wa.gov Department of Social and Health Services Special Commitment Center April 2002 12 THE SPECIAL COMMITMENT CENTER: AN OVERVIEW OF THE CIVIL COMMITMENT PROCESS AND TREATMENT PROGRAM BACKGROUND The Special Commitment Center (SCC), located on McNeil Island, is a total confinement facility designed to provide long-term rehabilitative treatment for certain sexual offenders. The program was established by the Community Protection Act in 1990 and is operated by the Department of Social and Health Services (DSHS). SCC is housed within the secure perimeter of the McNeil Island Corrections Center. Although the program operates within a total confinement facility, it is not a prison or criminal justice program. It is a specialized mental health treatment program. Sex offenders who have completed their criminal sentences, but are found by state superior courts to meet the criteria for civil commitment under chapter 71.09 RCW may be referred to the SCC for care, control, and custody. They remain in the total confinement program receiving ongoing treatment until the court determines that they are ready for placement in a less restrictive alternative (LRA) and community transition. Only a small fraction — about 3% of the approximately 1,000 sex offenders released from prison each year — are sent to the SCC. The rest are released directly to the community. This includes people who are likely to re-offend, but do not have a mental abnormality as defined by the statute. The legislature assigned DSHS, not the Department of Corrections, with the responsibility for establishing and managing the SCC because it is a public mental health treatment program, not a criminal justice program. In 1994, a federal judge ruled that the SCC must provide "constitutionally adequate" mental health treatment, and that offenders must have an opportunity to graduate to less restrictive living arrangements when they do well in treatment. Many civilly committed sex offenders lack personal resources and family support to provide appropriate less restrictive alternative placements for themselves. The court determined that state- administered transition facilities are needed to assure there are appropriate and safe placements available. By law, a state court of commitment (a county superior court) may conditionally release a civilly committed person to a less restrictive alternative placement only when the Department of Social and Health Services Special Commitment Center April 2002 1 court has determined that the community can be adequately protected and the placement is in the person's best interest. Legislation enacted in 2001 authorized DSHS to establish a less restrictive alternative facility (called a "secure community transition facility" in the law) on McNeil Island. The law, as amended in 2002, also established criteria for siting additional transition facilities in other locations around the state and directed DSHS to work closely with counties and cities in the planning and siting process. In the future, these transition facilities will house civilly committed sex offenders who receive court-ordered conditional releases from the SCC. THE SCC POPULATION In April 2002, there were a total of 156 residents in the total confinement program -- 154 men are housed in the McNeil Island facility, one woman is housed separately at the Washington Corrections Center for Women at Purdy, and one juvenile has been placed in a program outside Washington State. There were also seven individuals with court-ordered conditional releases to less restrictive alternative placements. Three are housed in a contracted special needs program, three are living with their families who have been assigned by the courts as custodians, and one has been placed at the new McNeil Island Secure Community Transition Facility. HOW THE CIVIL COMMITMENT PROCESS WORKS The End of Sentence Review Committee reviews the cases of all sex offenders when they are nearing the end of their prison sentences. Chaired by the Department of Corrections, the Committee includes representatives from several other agencies and organizations. The Committee assigns a "level" to each offender, based on the seriousness of their crime and their likelihood to re-offend. Level 1 is the least dangerous; Level 3 is the most dangerous. Of the Level 3 offenders, the Committee refers those who meet the legal criteria for commitment to the SCC — that is, those who are more likely than not to re-offend and have a mental abnormality — to a psychologist. The psychologist evaluates them and makes recommendations. The Committee then sends its recommendations to the prosecutor, who, after getting more expert advice and consultation, files for a probable cause hearing. Offenders have a right to a trial within 45 days of being referred for SCC commitment. The King County Prosecutor's Office handles Department of Social and Health Services Special Commitment Center April 2002 2 commitment cases of the individuals previously convicted in the King County court system. On behalf of the other 38 counties, a unit of the Attorney General's Office handles the commitment hearings of individuals convicted by other county courts. TREATMENT MODEL The SCC treatment program is based on a standard, nationally accepted model, Relapse Prevention with Cognitive Behavioral Therapy, which is an approach similar to treatment for alcohol or drug addiction. There are five phases of treatment at SCC. Each resident who participates in treatment is evaluated periodically and upon completing requirements for the respective treatment phase. Conducted by clinical professionals, the evaluation includes a review of the resident's level and quality of participation, attendance at classes and groups, completion of required coursework, demonstration of the treatment model principles in every day life, and the results of polygraph and plethysmograph tests. The five phases of treatment are: Phase 1: Orientation and Evaluation. Completing a comprehensive assessment and developing an individual treatment plan. Phase 2: Treatment Readiness. Developing the motivation needed to 'tour, prepare for in-depth involvement in treatment. Phase 3: Skill Acquisition. Examining and gaining an understanding of one's sexual offenses and criminal behavior. Phase 4: Skill Application. Identifying risk factors and learning to avoiding risk situations, developing anger management skills, and learning to accept constructive feedback. Phase 5: Skill Generalization. Developing empathy and concern for others, demonstrating the ability to identify and change behavior patterns. Phases three through five are intense treatment and require mature growth and sincere attempts to change. Each phase of treatment builds on previous phases. Department of Social and Health Services ..,. Special Commitment Center April 2002 3 In To al c >- o IP 'v 0 C .0C O min W9 u _ 071 0 ,a IxL- v +� o c a0 dytr Z oa �' 3o to v " (Al L O ao > L m 01 W a d v `• o >- V aid —♦� L. 17 o a` O Z U c Vf >' W v• � vvi0 ° E a o Otn co 7 ra O C n V a CN v } ♦ Z I Ta U I O V t oC oa CCo IL Q Lkl L. U L M 2 O y L IQ I—I O ++ d H w L I V � Q' aa++ � 0,' as LU �� E3c3, o ar O. ci. °� y z a lk CT c C °'-v ® c ov E �" 7 d CO 7 Al C c O = .0 .• L. 0 `o Z 0 ^ > dod 0 WaCwa .+ W c c cis '_ 2 °' m Off' e0t v .-I m 3 to c „ to ~ O o fa to V•O a a v o h Or ' ocu C v C) V 0 1 C V N fop C >' ✓ a)lc Cu l 7 2 N +' 0 .6 �C F>1 1C1 ai C h 03Ec to ..1 tan) U c .., y o d C CTu o 0) U cc .0 H O 10 L C E V L. 3 L ► ,P V1 O Y C > in O A O C R.++ LL W io Q R Chi C 4 O U 16 V1 u •� z I. o v tn aRi L LLI V I- 0' �Tv O O▪ y C Z cc Ce E8E fA 10 'L N a)d ZaU R �' v w a a at 42 c E} v C J 0U y .+ V1 tn too •v =a 3 .L Z O —� y °V' > O vti = V CC V CL .L. C 3 0 Ce O 01 01 Z 1 W VI d' ALLOCATION OF ADDITIONAL SECURE COMMUNITY TRANSITION FACILITY BEDS PER RCW 71.09.250(6) AND ESSB 6594 2004 THRU 2007 Current law requires all counties and their cities to amend their plans and development regulations, as needed, by September 2002, to provide for the siting of Secure Community Transition Facilities (SCTF). ESSB 6594, however, has effectively narrowed this requirement to the six of the seven counties that had at least five residents committed or detained for commitment to the Special Commitment Center (SCC) on April 1, 2001. Under the new law, the state has authority to "preempt" any of these six counties, or their cities, that fail to complete the required planning by October 1, 2002. This preemption authority will enable the state to site facilities in these counties as needed. Pierce County is exempt from this planning requirement because it is the site of a 24-bed SCTF on McNeil Island. Clark, Kitsap, Spokane and Thurston Counties are each required to plan for one three-bed facility, the minimum size facility that may be sited. King and Snohomish Counties, with a greater number of residents committed to SCC, have been assigned a greater number of beds, expressed in a range from minimum to maximum needed by 2007. County Residents at SCC on 4-1-01 Projected Minimum and Maximum # of Beds Needed by 2007 Clark 6 3 King 41 5— 15 Kitsap 6 3 Pierce 21 No Additional Beds Required Snohomish 20 3—7 Spokane 5 3 Thurston 8 3 Department of Social and Health Services Special Commitment Center April 2002 SCC RESIDENT PROFILE There is no stereotypical profile that adequately describes all residents of the Special Commitment Center (SCC). The one characteristic residents share is a history of violent sexually motivated offenses. Some SCC residents have offended against adults, others have victimized children, and still others have committed crimes against both adults and children. Some SCC residents have serious or chronic physical, mental, or developmental disabilities. Their treatment is designed in response to their individual needs. Some residents have attended college or technical vocational training schools, and have held well-paying jobs. Some are poorly educated and have limited work skills or experience. A significant number of SCC residents grew up in dysfunctional or abusive families and were victims of sexual abuse themselves. Many residents have spent long periods of their lives in prison or in other institutions. SCC residents may be classified into two groups -- those who participate in treatment and those who do not. To determine if the community can be adequately protected if the resident is conditionally released to a less restrictive alternative, the court of commitment considers a resident's progress in treatment and the advice of professionals before rendering a decision. Thus, it is reasonable to assume that only individuals who actively participate and succeed in treatment are eligible for community transition. Of those who are eligible, only those who can demonstrate trustworthiness and a willingness to follow rigorous conditions of release are likely to receive a court order of conditional release. Successful treatment participants have made a conscious decision to change. They attend intensive individual and group therapy sessions and classes that require them to make full disclosures, confront their offending patterns of behavior, and develop a personalized relapse prevention plan. Individual relapse prevention plans are developed and implemented by each resident with the guidance of an assigned team of treatment professionals. Together the resident and treatment professionals implement and monitor the plan. The key factor for defining success in treatment is a resident's ability to demonstrate change in every day life — change that is consistent over time, not just during treatment sessions and groups. The SCC resident must exhibit the principles learned through treatment on the living unit and Department of Social and Health Services Special Commitment Center April 2002 1 in interactions with staff and other residents. Residents are also subject to periodic polygraph and plethysmograph tests, which they must pass in order to advance through the treatment program and to qualify for community transition. As of April 2002, there were 156 residents, ranging in age from 17 to 76, in the total confinement program. The McNeil Island total confinement facility, however, houses only adult males. One youth resides in a specialized program outside Washington State, and one woman resides at a special unit on the grounds of the Washington Corrections Center for Women at Purdy. In addition to the 156 residents, there were seven participants in court-ordered less restrictive alternative placements: three are in a special needs program, three are living at home in the custody of their families, and one has been admitted to the new secure community transition facility on McNeil Island. A Typical Day in a Resident's Life (Total Confinement Facility) Treatment Participant Treatment Non-Participant 7:30 a.m. Breakfast 10:00 a.m. Wake up 9:00 a.m. Psycho-Educational Class 10:30 a.m. Psycho-Educational Class Noon Lunch Noon Lunch 1:30 p.m. Group or Individual Therapy 1:00 p.m. Recreation/Job 3:30 p.m. Job/Education Module 5:30 p.m. Dinner 5:30 p.m. Dinner 6:00 p.m. Alcohol/Substance Abuse 6:00 p.m. Recreation/Job Treatment Group 7:30 p.m. Homework/Recreation/Free- Time 11:00 p.m. Must be in room 10:00 p.m. Must be in room Department of Social and Health Services Special Commitment Center 4000 April 2002 2 SCTF RESIDENT PROFILE A Special Commitment Center (SCC) resident begins his community transition phase of treatment when he receives a court-ordered conditional release to a less restrictive alternative placement. A secure community transition facility (SCTF) is such a placement. While residing in the SCTF, the resident continues to participate in sex offender specialized treatment with a court-approved professional. The professional must agree to work with the resident and the SCTF program, and provide regular reports to the court. The resident also participates in other community-based activities and living skills training that may include education, alcohol or chemical dependency treatment, vocational training, and recreation. A resident's activities in the community must be planned, approved, and scheduled in advance. The activities must conform to any conditions imposed by the court's order of release and be approved by the residential program, the sex offender treatment provider, and the resident's assigned community corrections officer. When a SCTF resident leaves the facility premises for any purpose, the resident must be closely monitored for the duration of the outing. Unless otherwise ordered by the court, this supervision is provided on a one-to-one basis by an approved escort — generally by a residential program staff or another court-authorized person who has received specific training in emergency procedures and is knowledgeable of the resident's offense history and behavioral patterns. In addition to receiving direct personal supervision, the resident also wears a personal electronic monitoring device. Training in living skills such as home economics, money management, and job interviewing are key elements of the residential treatment program. Since many of the residents have lived in institutions for much of their lives, training in these basic skills may be essential to a resident's successful transition to community-based living. Each SCTF resident has an individualized treatment plan that is designed to address the resident's unique needs. The resident must take an active part in developing his plan in consultation with the program staff and treatment professionals. Public safety is essential to the success of the SCTF program and its residents. To assure that goal, the SCTF program works closely with law enforcement and other community professionals. In any community where an SCTF is established, the SCC administration and SCTF program staff work with community representatives to establish Department of Social and Health Services Special Commitment Center April 2002 1 appropriate emergency procedures and to define respective roles and responsibilities. Through contracts with local communities, the SCTF also provides training to local law enforcement on the legal and constitutional requirements of the civil commitment program, emergency procedures, and other topics that support effective communications between the program and the community. A Typical Day in a Resident's Life (SCTF) Scenario 1 Scenario 2 Rise, Prepare/Eat Rise, Prepare/Eat 7:00 a.m. Breakfast, Clean Up 5:45 a.m. Breakfast. Prepare Sack Lunch 8:00 a.m. Do Household Chores 7:00 a.m. Do Household Chores Escorted to Grocery Escorted to Job. Begin 9:30 a.m. Store 8:00 a.m. Work Shift Attend Transition Work shift concludes. 1:00 p.m. Class ! 5:00 p.m. Escorted to SCTF Do Treatment 3:00 p.m. Homework 6:00 p.m. Prepare/Eat Dinner Prepare/Eat Dinner, Escorted to Group 5:00 p.m. Clean up 7:00 p.m. Therapy Session Escorted to Individual 6:00 p.m. Therapy Session 8:30 p.m. Return to SCTF 8:00 p.m. Return to SCTF, Work 9:00 p.m. Do Therapy Homework, on Journal Work on Journal 10:00 p.m. Go to Bed 10:00 p.m. Go to Bed Department of Social and Health Services Special Commitment Center April 2002 2 Corrected Copy 1.4-44 yj tBB9 t `ilfli STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES PO Box 45322 •Olympia WA 98504-5322 April 4, 2002 Subject: Request for Expression of Interest: Planning Grants for Siting Secure Community Transition Facilities Dear Elected Official: The 2002 Legislature provided an appropriation to the Department of Social and Health Services (DSHS) for the implementation of ESSB 6594. As you may know, the purpose of this legislation, which was signed by Governor Locke on March 21, 2002, and its accompanying budget appropriation is to support the timely siting of secure community transition facilities that are needed to house sex offenders receiving court-ordered conditional releases from the state's Special Commitment Center. The 2002 supplemental budget appropriation of$600,000 is to cover planning and siting incentive grants, bonuses, and mitigation funding associated with establishing these facilities. The law as enacted last year and amended by ESSB 6594 states: "Any city or county that makes a commitment by[July 19, 2002] to initiate the process tc' site one or more secure community transition facilities shall receive a planning grant as proposed and approved by the department of community, trade, and economic development." Since the funds were appropriated to DSHS, we will be working closely with the Office of Community Devellopment(OCD) of the Department of Community,Trade, and Economic Development on planning grant awards. As a first step in this effort, however, we need your help. To help us estimate the number of jurisdictions that will apply for planning grants and determine the level of grant awards we can provide,we are asking each jurisdiction to return the enclosed form to us indicating the jurisdiction's interest in applying. The planning grants will provide financial assistance to support the staff analysis and public process required to site these facilities. The amount of individual grant awards will depend on the number of jurisdictions that express interest in applying. We encourage joint applications and hope to provide a bonus for cooperative efforts between counties and/or counties and their cities. Planning Grant Eligibility and Statutory Planning Requirements. All cities and counties are eligible to apply for planning grants whether or not they are fully planning under the Growth Management Act.. RCW 36.70A.200 requires all cities and counties, by September 1, 2002, to amend or establish a process, and amend their plans and development regulations as necessary to provide for the siting of secure community transition facilities. ESSB 6594 clarifies that the failure of any city or county to complete the planning by September 1, 2002, will not `� result in fiscal sanctions or be a basis for any private cause of action. Elected Officials April 4, 2002 Page 2 "' Preemption. Although there are no fiscal penalties for failing to complete the mandated planning, ESSB 6594 makes six counties (Clark, King, Kitsap, Snohomish, Spokane and Thurston) and their cities, subject to "preemption" by the state. After October 1, 2002, the state may preempt and supersede local plans, development regulations, permitting and inspection requirements and all other laws as necessary to enable the department to site, construct, renovate, occupy, and operate secure community transition facilities in any of these six counties or their cities that have failed to comply with statutory planning requirements. Level of Commitment. Jurisdictions that apply for and receive planning grants must make the commitment to complete all required planning by September 1, 2002. We interpret"a commitment to initiate the process to site"to mean that the jurisdictions receiving grants will do the required planning. At a minimum, that planning must result in the identification or designation of specific areas that meet statutory requirements and are suitable for siting a facility. This means: 1) The local jurisdiction's processes and regulations must not preclude the siting of a facility. 2) The local jurisdiction's siting and permitting processes that would be required when DSHS actually sites a facility must be designed so that they can be completed in a reasonable time. 3) The jurisdiction must have considered the effect of"equitable distribution factors" on. the siting of a facility. These factors are addressed in RCW 71.09.250(8). *4110 4) There must a reasonable assurance that the designated areas actually will yield potential site(s). Response Requested. Please complete and return the attached response form by Friday,May 3, 2002. If we do not receive a response from you, we will assume you are not intending to apply for a grant. We will mail application forms and instructions for planning grants only to those jurisdictions that indicate their intent to apply. However, the application forms will be posted on the OCD website at www.ocd.wa.gov. OCD and DSHS will be coordinating efforts to send information about the planning grant application process to interested counties and cities very soon. If you have questions about the secure community transition facilities program or the siting process, please call me at(360) 902- 8257, or Elaine Taylor at(360) 902-8184. Sincerely, < (CrlfrL Beverly K. it n Associate Superintendent for Community Programs Special Commitment Center Enclosure c: Planning Directors Leonard Bauer, OCD Please circle or fill in the appropriate response: 1. Does your jurisdiction intend to make a commitment to initiate the process to site a secure community transition facility and apply for a planning grant by July 19, 2002? YES NO If yes, do you anticipate participating in a joint application? YES NO If yes, with which other jurisdictions do you anticipate joining? 2. Do you expect to meet the September 1, 2002 deadline for having an essential public facilities siting process and development regulations that are consistent with statutory requirements to provide for siting secure community transition facilities? YES NO Name of City or County: Signature of Person Completing Form: Name/Title: Address: Telephone/FAX Number: E-mail: Please return this form as soon as possible, but no later than MAY 3, 2002. If you email this form, please send a hard copy to: Anna Turull Department of Social and Health Services Special Commitment Center Community Programs P.O. Box 45322 Olympia, WA 98504-5322 FAX: (360) 902-8497 Email: turulam@dshs.wa.gov SUMMARY OF KEY STATUTORY SITING REQUIREMENTS • Planning. By September 1, 2002, cities and counties must establish or amend their processes for identifying and siting essential public facilities and amend development regulations as needed to provide for siting of secure community transition facilities (SCTFs). • Non-Compliance with Planning Requirements. Failure to act by 9/1/2002 is NOT a condition that would disqualify county or city from receiving public works trust funds, water pollution control facility grants, etc., or be a basis for a Growth Management Hearings Board Review or private cause of action. • Preemption. After October 1, 2002, the state preempts and supersedes local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary to enable the department to site, construct, renovate, occupy, and operate SCTFs in the following counties or any of their cities that fail to complete the required planning consistent with state law by 9/1/2002: Clark, King, Kitsap, Snohomish, Spokane, and Thurston Counties. • Immunity from liability. Cities and counties are immune from causes of action for civil damages related to the siting of SCTFs. Cities and counties and their law enforcement officers are also immune from causes of action for civil damages when officers responds in good faith to emergency calls involving SCTF residents. • Risk potential activities/facilities. Defined as public and private schools, school bus stops, licensed day care, licensed preschools, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, and public libraries. Does not include bus stops established primarily for public transit. • Proximity to risk potential facilities. SCTF not permitted to be located adjacent to, immediately across the street or parking lot from, or within line of sight of a risk potential activities/facilities in existence at the time a site is listed for consideration. 'Within line of sight" means that it is possible to visually distinguish and recognize individuals. Give great weight to sites that are the farthest removed from risk potential locations. Department of Social and Health Services Special Commitment Center April 2002 1 • Response Time. Requirement to site in areas in which it is possible to "endeavor to achieve an average five-minute response time by law enforcement" has been deleted. • Equitable Distribution. In considering potential sites, give great weight to "equitable distribution factors" (i.e., number of residential facilities operated by Dept of Corrections, residential facilities operated by DSHS Mental Health Division, and Level 2 and Level 3 sex offenders in each jurisdiction). • Public Safety and Security Criteria. • Visibility between SCTF and adjacent properties is limited or barriers can be established to limit visibility; ♦ Electronic monitoring devices/systems are available and are functional in the area; • Existing building, if used for an SCTF, is suitable or can be feasibly modified; and • Adequate security and back-up system resources can be installed at the site and contractor/maintenance services are available on 24/7 basis. • Security panel must be commercial grade with tamper-proof switches and key-lock to prevent unauthorized access. • All staff must be issued personal panic devices. • All staff must be issued and wear photo ID badges. • Other Siting Requirements. o Site must be in area with access (reasonable commute distance) to medical, mental health and sex offender treatment providers, and community services such as employment, educational and other services. • Treatment providers must be available — this means the providers are qualified, willing to provide services, and within a reasonable commute. o Site must be in location suitable for programming, staffing and support considerations. • The SCTF property must be available at reasonable purchase or lease cost. Note: Public safety and security criteria — including distance of SCTF from risk potential locations — must be given the greatest weight. Department of Social and Health Services Special Commitment Center April 2002 2 „ .,. _._._.1 CITY OF RENTON c., taLl Office of the City Attorney Lawrence J.Warren Jesse Tanner,Mayor 6 Nr/KJvt MEMORANDUM J U L 9 2002 To: Mayor Jesse Tanner F. From: Lawrence J. Warren, City Attorney Date: July 8, 2002 Subject: Permitting of Secure Community Transition Facilities for sexual offenders I have reviewed the state law and the City's proposed legislation. I would suggest that the City proceed to adopt legislation allowing the siting of these facilities before the preemption provisions of state law go into effect. The chief hurdles for the City include providing enough land for this use so as to not render the siting of such a facility impracticable, and the requirement that the City must have considered the equitable distribution of these facilities. This latter section on equitable distribution can be met via a written policy or statement that describes how the City weighs this requirement against other public safety siting requirements of Chapter 71.09 RCW. It already appears that the staff has done at least a preliminary review, that the regulations will actually yield potential sites for such facilities, and that there has been an analysis done of conflicting risk potential locations as defined by statute: i.e., daycares, parks, etc. A previously adopted plan by Tacoma was rejected because there was a paucity of non-developed, non-contaminated sites provided in the city's ordinance, which relegated such facilities to the city's heavy industrial district. It would appear that the City of Renton's regulation would be more forgiving, but still may be subject to a challenge as being impracticable. Even if our ordinance is deemed to be too restrictive, the state is supposed to work with us until we reach a satisfactory ordinance, rather than directly preempting us. I will be reviewing the ordinance with long-range planning staff and will be rea move forward if you so desire. C Lawrence J. arren T10:36.03 LJW:ma. cc: Jay Covington Sue Carlson Rebecca Lind Post Office Box 626-Renton,Washington 98057-(425)255-8678/FAX(425)255-5474 RENTON AHEAD OP THE CURVE ®This paper contains 50%recycled material.30%post consumer Judith Wright Re Secure CommunityTransition Facilities Page 1 «..�. ,a.., .. ,. . ._� ,�.._ ,. .. xs...e. From: Karen Bergsvik To: Wright, Judith Date: 8/22/02 3:53PM Subject: Re: Secure Community Transition Facilities I believe this needs to be done by next Friday to meet the deadline of September 1st. We have discussed it quite a bit at Human Service Planners meetings as some human service planners have been quite involved in it in their own jurisdiction. I didn't pay much attention because when I talked to Neil Watts about it, he said Rebecca was handling it. Let's see-some of the issues are-who exactly this applies to. This is a wide range of sexual offenders and this only covers some of them. Being clear about who this covers helps. In other cities the public did not get that this is not a choice between siting a facility or not siting it- it is about restricting where it may go. Most South County cities are trying to restrict it to industrial areas. I can get more details from my cohorts, but at this late date,would it be of value? Karen Bergsvik (formerly Marshall) Human Services Manager City of Renton (425)430-6652 Fax: (425)430-6603 email: kbergsvik@ci.renton.wa.us >>>Judith Wright 08/22/02 09:OOAM >>> Karen, The Planning Commission and City Council are working on the issue of siting the Secure Community Transition Facilities. Rebecca would like to know if any of the Human Services folks have discussed this issue and if so, what their thinking might me. Thanks for any info you may have. ECONOMIC DEVELOPMENT ..- NEIGHBORHOODS, AND STRATEGIC PLANNING New Code Amendment Comment Sheet Code Content Code Amendment Title Secure Community Transition Facilities (SCTF) Draft# 1 . Zoning Work Program File No 02-02 Project Manager Rebecca Lind . Reviewing Department • . . , Date Circulated July 24, 2002 Comments Due July 31, 2002. We will not be able consider comments received after this date for inclusion in subsequent drafts. Please comment on the code content and identify any wording changes, format issues or policy issues that you feel should be addressed at this time. Please use an additional sheet or make comments directly on thedraft code as needed./ ✓Glf/.rl ill-L✓1 y 440 -61-1Ju 11ii,,tui �/C(: t,A,�'1C'wf-7,1•L., (,Y3 (i t.La� ` 1 C)i r r. J4&4/" C2.-raf k--r r,-t .ft. ''2 'r-� i..{ ')-1 ,- P e"1 '1 • . 4-' We have reviewed Draft if I of Code Amendment � ( ,Y1rr,,'7)--a,y c,,- C,Lif,,�, with pagqrtipu]ar ttenti:n to those areas in which we have expertise. ^r� ci y� . Signature of Director or Au orized Representative tt ECONOMIC DEVELOPMENT JUL 3 NEIGHBORHOODS, AND STRATEGIC PLANNINGI 2002 New Code Amendment Comment Sheet F N) Code Content Code Amendment Title Secure Community Transition Facilities (SCTF) Draft# 1 . Zoning Work Program File No 02-02 Project Manager Rebecca Lind Reviewing Department /L' L —e44 Date Circulated July 24, 2002 Comments Due July 31, 2002. We will not be able consider comments received after this date for inclusion in subsequent drafts. Please comment on the code content and identify any wording changes, format issues or policy issues that you feel should be addressed at this time. Please use an additional sheet or make comments directly on the draft code as needed. We have reviewed Draft / , of Code Amendment with particu --r attention to those areas in which we have expertise. eliz— Signa re of Director or Authorized Re resentative / City of Renton Department of Planning/Building/Public V►...KS ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET EVIEWING DEPARTMENT: 613 6_1(1 SQ • ca'1 /V iCPS COMMENTS DUE: AUGUST 8, 2002 APPLICATION NO: LUA-02-087,ECF DATE CIRCULATED: JULY 26,2002 APPLICANT: City of Renton PROJECT MANAGER: Rebecca Lind PROJECT TITLE: Title IV Code Amendment-Secure Transition WORK ORDER NO: 77017 Facilities —OP/Av ec-NTON LOCATION: Employment Area Valley,south of I-405 RECEIVED SITE AREA: l BUILDING AREA(gross): N/A WI L-5 2002 SUMMARY OF PROPOSAL:The proposed zoning text amendment would add Secure Community Transition Facilities(SCTF)which is facilities for sexually violent offenders to the zoning use table in the Heavy Industrial,Medium It[$1Ji fi[j tNOMS Ncial Arterial zones in the Employment Area Valley south of Interstate 405. The use would be a Hearing Examiner Conditional Use subject to several special design criteria including evidence of a public process,consideration of alternative locations,operating rules and a security plan. As proposed the facilities could not house more than 3 persons,not be allowed within 330 feet of a residential use or within one mile of an existing SCTF, work release,prerelease or similar facility. The proposal includes an analysis of 3 options for buffering from"risk potential activities"as defined in RCW 71.09.020: 1)330 ft.,2) 1000 ft.,and 3)within the line of sight as defined in tle state statute. There is currently no proposal to locate such a facility in Renton. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Environment Probable Probable More Element of the Environment Probable Probable More Minor Impacts Major Impacts Information Minor Impacts Major Impacts Information Necessary Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Preservation Natural Resources Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this roposal. Q-- > c) Q2 Signature of Director or Authorized Representative Date Rev.10/93 Routing City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET ^ VIEWING DEPARTMENT: ?\Gt/n V t Li, k 1--,...) COMMENTS DUE: AUGUST 8, 2002 APPLICATION NO: LUA-02-087,ECF DATE CIRCULATED: JULY 26,2002 CITY nF RFNT0,l APPLICANT: City of Renton PROJECT MANAGER: Rebecca Lind RECEIVED PROJECT TITLE: Title IV Code Amendment-Secure Transition WORK ORDER NO: 77017 JUL 3 0 2002 Facilities LOCATION: Employment Area Valley,south of I-405 BUILDING DIVISION SITE AREA: BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL:The proposed zoning text amendment would add Secure Community Transition Facilities(SCTF)which is facilities for sexually violent offenders to the zoning use table in the Heavy Industrial,Medium Industrial and Commercial Arterial zones in the Employment Area Valley south of Interstate 405. The use would be a Hearing Examiner Conditional Use subject to several special design criteria including evidence of a public process,consideration of alternative locations,operating rules and a security plan. As proposed the facilities could not house more than 3 persons,not be allowed within 330 feet of a residential use or within one mile of an existing SCTF, work release,prerelease or similar facility. The proposal includes an analysis of 3 options for buffering from"risk potential activities"as defined in RCW 71.09.020: 1)330 ft.,2) 1000 ft.,and 3)within the line of sight as defined in the state statute. There is currently no proposal to locate such a facility in Renton. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Environment Probable Probable More Element of the Environment Probable Probable More Minor Impacts Major Impacts Information Minor Impacts Major Impacts Information Necessary Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities animals Transportation vironmental Health Public Services :,tiresenergy/ Historic/Cultural Preservation Natural Resources Airport Environment 10,000 Feet 14,000 Feet 4,is),,,, B. POLICY-RELATED COMMENTS Ili 0-Ai C. CODE-RELATED COMMENTS N. . We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additiynal information is needed to prop n y assess this proposal. 7�7 ,....,/ , it \ \-?iii5,74_,) S gn to of Direcor Authorized Representative Date Rev.10/93 Routi a City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET `rrEVIEWINGDEPARTMENT: Py V a Pi -e,_U k.JrCh 6 A COMMENTS DUE: AUGUST 8, 2002 APPLICATION NO: LUA-02-087,ECF DATE CIRCULATED: JULY 26,2002 PROJECT MANAGER: Rebecca _ (iv .';.-}- r ? i= APPLICANT: City of Renton , i`t '�, PROJECT TITLE: Title IV Code Amendment-Secure Transition WORK ORDER NO: 77017 1 w,/,,,, j I Facilities 1 1 `' JUL 2 6 200Z ± ` LOCATION: Employment Area Valley,south of I-405 � I SITE AREA: BUILDING AREA(gross): N/A 1 Ci1Y ui- htN!A SUMMARY OF PROPOSAL:The proposed zoning text amendment would add Secure Community T ansition Fipil i s SCTF)'Zvhich is facilities for sexually violent offenders to the zoning use table in the Heavy Industrial,Medium Ir dus al end-Euiiiiirer iifl_. Arterial zones in the Employment Area Valley south of Interstate 405. The use would be a Hearing Examiner Conditional Use subject to several special design criteria including evidence of a public process,consideration of alternative locations,operating rules and a security plan.As proposed the facilities could not house more than 3 persons,not be allowed within 330 feet of a residential use or within one mile of an existing SCTF, work release,prerelease or similar facility. The proposal includes an analysis of 3 options for buffering from"risk potential activities"as defined in RCW 71.09.020: 1) 330 ft.,2) 1000 ft., and 3)within the line of sight as defined in the state statute. There is currently no proposal to locate such a facility in Renton. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Environment Probable Probable More Element of the Environment Probable Probable More Minor Impacts Major Impacts Information Minor Impacts Major Impacts Information Necessary Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities • Animals Transportation :nvironmental Health Public Services 01wEnergy/ Historic/Cultural Preservation Natural Resources Airport Environment 10,000 Feet 14,000 Feet 0 B. POLICY-RELATED COMMENTS 4)74 C. CODE-RELATED COMMENTS 140., . We have re iewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional i formation is needed roperly assess this proposal. a r "Of A _________ Sib atur of Director or Authoriz epr ntative Date Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET ,,,,,,,:VIEWING DEPARTMENT: poi v k_ COMMENTS DUE: AUGUST 8, 2002 APPLICATION NO: LUA-02-087,ECF DATE CIRCULATED' JULY 26,2002 APPLICANT: City of Renton PROJECT MANAGER: Rebecca Lind PROJECT TITLE: Title IV Code Amendment-Secure Transition WORK ORDER NO: 77017 Facilities LOCATION: Employment Area Valley,south of I-405 SITE AREA: BUILDING AREA( ross): N/A SUMMARY OF PROPOSAL:The proposed zoning text amendment would add Secure Community Transition Facilities(SCTF)which is facilities for sexually violent offenders to the zoning use table in the Heavy Industrial,Medium Industrial and Commercial Arterial zones in the Employment Area Valley south of Interstate 405. The use would be a Hearing Examiner Conditional Use subject to several special design criteria including evidence of a public process,consideration of alternative locations,operating rules and a security plan.As proposed the facilities could not house more than 3 persons,not be allowed within 330 feet of a residential use or within one mile of an existing SCTF, work release,prerelease or similar facility. The proposal includes an analysis of 3 options for buffering from"risk potential activities"as defined in RCW 71.09.020: 1) 330 ft.,2) 1000 ft.,and 3)within the line of sight as defined in the state statute. There is currently no proposal to locate such a facility in Renton. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Environment Probable Probable More Element of the Environment Probable acts Pr o Probable acts More emation Minor Impacts Major Impacts Information p p Information fo mati Necessary Earth Housing Aesthetics Air Light/Glare Water Recreation Plants Land/Shoreline Use Utilities - Animals Transportation Environmental Health Public Services T. Historic/Cultural Preservation Energy/ Natural Resources Airport Environment 10,000 Feet 14,000 Feet //`Vs, F-....t.rv. / B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additio information is needed to properly assess this proposal. (r/ _.. 7( -c--i' ici --) _ ate D Signature of Director or uthoriz@ epresentattve Rev.tots3 Routing Rebecca Lind- RE: Secure Community Transition Facilities Page 1 From: "Sharon Fasnacht" <sharonf@awcnet.org> To: "Judith Wright" <Jwright@ci.renton.wa.us> Date: 8/21/02 9:59AM Subject: RE: Secure Community Transition Facilities Judith, Should I assume Renton is preparing to meet the September 1 deadline for cities to file their own siting criteria per 2002 legislation? If so, AWC has not taken a position or made statements regarding facility siting, other than to have encouraged everyone over the last couple years to address SCTF in growth management plans. What we are aware of is how different criteria is from city to city, reflecting the diversity in the state. We know that Kirkland is currently setting criteria. It may be helpful to find out what they are doing. Wish we could be of more help. Sharon Original Message From: Judith Wright[mailto:Jwright@ci.renton.wa.us] Sent:Tuesday, August 20, 2002 4:07 PM To: Sharon Fasnacht Subject: Secure Community Transition Facilities Our City Council is reviewing the siting of SCTF, in specific, to the city of Renton. A question has been raised whether the AWC has taken any position or made any statements regarding the siting of these facilities. Any information you can offer would be helpful. Thanks. CC: "Dave Williams" <davew@awcnet.org> Municipal Research News - Summer 2002 Page 5 of 14 (206) 625-1300 )) 933-6772 ('1176) 625-1220 Fax And, of course, our Web site address is: www.mrsc.org We are looking forward to being in our new home. If you're ever"in the neighborhood," drop by; we would be delighted to show you around our new quarters. MRSC Welcomes New Web Developer Don Edlin joined MRSC in March in the capacity of Web Developer/E-government Specialist. As a member of MRSC's Web team, Don is responsible for Web application and database programming. Watch for many new features on the MRSC Web site in the coming months. Don will also work with Fred Ward to assist local governments in implementing their own e-government programs. A graduate of Whitworth College, Don has worked for Safeco, Internet start-up companies, and, most recently, for Boeing. Sifing Secure Community Transition Facilities Adline September 2002 In 2001 and in 2002, the Growth Management Act was amended to require that cities and counties establish a process and adopt regulations for the siting of secure community transition facilities (SCTFs). "Secure community transition facility" (SCTF) is the statutory name for a less restrictive alternative living arrangement (less restrictive than total confinement) operated or contracted by the Washington State Department of Social and Health Services (DSHS). As stated in RCW 71.09.020, "a secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services." The program offers 24-hour intensive staffing and line-of-sight supervision by trained escorts when residents leave the facility. SCTFs are considered "essential public facilities," and local comprehensive plans or development regulations may not preclude the siting of "essential public facilities." As a result of the 2002 amendments, RCW 36.70A.200 sets a deadline of September 1, 2002 for establishing a process and adopting regulations for the siting of SCTFs. This deadline applies to all cities and counties whether or not they are fully planning under the Growth Management Act. This deadline is different from the dates for updating comprehensive plans to comply with new critical areas and other growth management requirements. Although there are no fiscal penalties for failing to complete the mandated planning, six counties and their cities are subject to preemption by the state: Clark, King, Kitsap, Snohomish, Spokane, and Thurston counties and their cities. These six counties and Pierce County have a least five residents in ' Special Commitment Center for sexual offenders at McNeil Island Corrections Center. However, 1316rce County is exempt from the preemption requirement because it is the site of a 24-bed SCTF on McNeil Island. If DSHS decides to site a SCTF in any of the preempted jurisdictions, the department will .../mrnews0602.htm?f=templates$fn=document-frame.htm$3.0$q=%5Brank,100%3A%5B domain%3A%5Band 8/20/02 Municipal Research News - Summer 2002 Page 6 of 14 consult with the local government and attempt to follow local procedures and practices. However, if the jurisdiction fails to comply with the deadline of September 1, 2002 for establishing siting regulations for SCTFs, the state can supersede local development regulations and plans in order to site, construct, and operate the SCTF. 441.0 The new law also provides that no person may bring a cause of action for civil damages based on the good faith actions of any county or city to provide for the siting of SCTFs. The law also amends the siting criteria for SCTFs, and a recommended average law enforcement response time not greater than five minutes has been eliminated from the siting guidelines. There is no model ordinance available for the siting of SCTFs; however, MRSC is collecting sample policies as they become available, and these will be posted on MRSC's Web site. Copies also may be requested from our library. State regulations recommend that local governments take a cooperative, inter-jurisdictional approach in planning for essential public facilities of a countywide, regional, or statewide nature that are difficult to site. For further information, see the Washington State DSHS Special Commitment Center Web page at http://www.wa.gov/dshs/geninfo/sccoverview.html. This Web page includes information on SCTFs, including "Frequently Asked Questions about the DSHS Special Commitment Center and Requirements for Siting Secure Community Transition Facilities." If you have additional questions, contact Elaine Taylor, Land Use Administrator for SCTFs Special Commitment Center/Lands and Buildings, DSHS, at (360) 902-8184 or TAYLOEAPdshs.wa.gov. Resignation from Public Office ,4110 A court of appeals decision has clarified when an official's resignation from an elective public office is effective. The court in Munroe v. City of Poulsbo held that the vacancy occurs upon the effective date of an elected official's resignation; acceptance of the resignation is not required to create a vacancy. The facts of the case: Poulsbo Councilmember Munroe's participation at a land use hearing was challenged by a member of the public. In response, the councilmember stepped down from the council, stating "You can take this as my formal resignation from the Council." Asked by another councilmember if she was actually resigning from the council, Councilmember Munroe stated "That's right," and left the meeting. The following day Ms. Munroe returned her key and city code book to city hall. Later, however, Ms. Munroe decided her resignation was a mistake and sought to withdraw it. The city attorney advisedthat the resignation was effective immediately and could not be withdrawn. Over Ms. Munroe's objection, the city council interviewed candidates and appointed a person to fill the vacancy. Ms. Munroe then filed a lawsuit arguing, among other things, that she could withdraw her resignation until it had been accepted by the council. Under the common law, recognized by the Washington courts in a 1907 decision, a resignation required an acceptance before it would be effective and create a vacancy. So, until the elective body accepted a resignation, the resignation could be withdrawn, and the elected official could continue in office. The court in Munroe, however, noted that the state statute relating to vacancies in office was amended in 1981 so that now a vacancy occurs "upon the effective date of the resignation." (RCW 42.12.010(2)) Since Councilmember Munroe's announced resignation was effective immediately (she did not state, for example, "I am resigning effective next Tuesday") a vacancy was created upon her statement, and she was then unable to withdraw the resignation at a later date. The council's vote to fill the vacancy was .../mrnews0602.htm?f=templates$fn=document-frame.htm$3.0$q=%5Brank,100%3A%5Bdomain%3A%5Band 8/20/02 BROWN BAG SERIES RECAPS A '' Page 1 of 3 BROWN BAG SERIES RECAPS The Puget Sound Section's Brown Bag series is a continued success. For those who could not attend the series, Steve Ladd has recapped the following brown bag presentations. (A Note From Your Volunteer: Brown Baggers are unusually thirsty for knowledge, and committed to planning. They also appreciate the fact that traffic congestion is minimal at mid-day. Join this highly effective group! Bring a colleague!) RECAPS OF SPRING '02 BROWN BAGS (by Brown Bag Coordinator Steve Ladd except as noted) The New DOE Stormwater Manual 4/17/02 The Building Industry Association of Washington retained DBM Consulting Engineers to review the 2001 Stormwater Management Manual for Western Washington. Many jurisdictions must adopt it or an equivalent by Spring 2003. Aaron Meilleur of DBM said those jurisdictions which never adopted the 1992 DOE manual will notice the most change. Future stormwater facilities will be much larger. Buildable area of sites will decline, or more facilities will be placed underground, at high cost. The stormwater engineer will have to be brought in early to the design process. Lower thresholds mean more permitting. Certified inspectors must be on hand during construction. Small development projects will especially feel the brunt. Substantial redevelopment will trigger total stormwater retrofitting. The higher costs may spur "low- impact development" (less impervious surface). The new manual is so complex, Aaron said he feels like a tax consultant advising clients how to maneuver through the codes. The new manual poses many t'--'ertainties, such as how to detain all that water without dewatering wetlands. But Ed O'Brien, the DOE s,`...fer largely responsible for the new manual, voiced one certainty: stormwater will have to be better managed if we are to save the salmon. Legislative Update on Sex Offender Secure Community Transition Facilities 4/24/02 Beverly Wilson, Associate Superintendent for Community Programs at DSHS, reviewed the state's program for civilly committed sexual offenders and the planning and siting of secure community transition facilities (SCTFs). SCTFs offer less restrictive housing for civilly committed sex offenders on court- ordered conditional release, which is one component of"constitutionally adequate mental health treatment" as required by state law and a federal court injunction. The passage of ESSB 6594 in March 2002 changed several requirements in the 2001 state law on siting SCTFs. The requirement of average five-minute law enforcement response time deleted from the siting criteria. Under the new law cities and counties must complete their planning by September 1, 2002 (rather than the GMA update deadline) to provide a way to site these facilities when needed. After October 1, 2002, the state may preempt the plans and development regulations of six counties - Clark, King, Kitsap, Snohomish, Spokane, and Thurston, and their cities. When siting facilities, DSHS will defer to the local jurisdiction's process and regulations unless 1) the local jurisdiction has not complied with planning requirements in state law; or 2) the local process precludes siting of SCTFs; or 3) local regulations are inconsistent with or more restrictive than state law; or 4) the local land use permitting process will not result in timely siting. P-w to Use Aerial Photography & GIS to Update Your Land Use Survey ,.02 Development of GISs and comprehensive plans for newly incorporated cities has become a specialty for http://washington-apa.org/brownbagrecaps.htm 8/22/02 OTHER JURISDICTIONS City Preparing Zone(s)Allowing SCTF Process Proposed Buffers/Separa State Ordinance tion Proposed Comments _ Auburn Yes Unknown Conditional Use Separation from Separation sensitive land requirement use is more restrictive than state law. Burien Yes Used as model for Renton's approach Covington: No May face pre-emption Des Council Use CC zoning district Moines: Permit • north of S. 216th Street (similar to along Highway 99, and Conditional along the west side of Use Permit) Highway 99 • business park area north of S.216th Street Federal No Way: May face pre-emption SeaTac High Commercial and Conditional Use None beyond Industrial state law Tukwila Yes Industrial Zones Use permit Separation from Separation residential requirement zones and other is more SCTF restrictive than state law. King Amend Group Homes County: regulations to disallow such facilities in residential areas. Allow only in Forest Protection Zones JUL. -15' 02 (MON) 15: 41 KENT PLANNING TEL: 253 850 2544 P. 013 . • STATE OF W'SH!Nv ON JEPART1, EHT OF SOCIAL Art: HEALTH H SERVIr_`c • 45322 • Olvmpia WA ?3SO4- _:2 July 2, 2002 • • City of Auburn Planning Commission • City of Auburn Department of Planning and Community Development 25 West Main Street Auburn, WA 98001 RE: File No. CPA02-0003: Amendments to the City of Auburn's Comprehensive Plan to the portion of Chapter 5 entitled "Essential Public Facilities"; and File No. ZOA02-0002: Auburn City Code Title 18, Zoning, regarding the siting of Secure Community.Transitlon Facilities Dear Commissioners: Thank you for the opportunity to provide testimony on the proposed amendments to the City of Auburn Comprehensive Plan and Zoning Code. We appreciate the City's interest in working with the Department of Social and Health Services (DSHS)to assure that its approach to siting secure community transition facilities • (SCTF) meets the requirements of state law. We look forward to continuing to work in partnership with the City to adequately and appropriately.address this important need. As you know, RCW 36.70A.200, as amended by ESSB 6594 (Chapter 68, Laws . of 2002), requires all counties and cities to establish a process and amend development regulations as necessary "to provide for the siting of secure community transition facilities•consistent with statutory requirements applicable to these facilities." At a minimum, this means: • The local process and regulations must not preclude the siting of a SCTF. • The land use regulations must be consistent with, and no more restrictive than, the requirements for siting and operating a SCTF set out in chapter 71.09 RCW. . • ESSB 6594 (Chapter 68, Laws of 2002), Sec. 7, states that the requirements • set out in RCW 71.09.285 through 71.09.340 are minimum requirements to • • be applied by DSHS. This does not prevent a city or county from adopting development regulations, as defined in RCW 36.70.4.030, unless the proposed regulation imposes requirements more restrictive than those specifically addressed'in RCW 71.09.285 through 71.09.340. Regulations JUL. -15 U2 (RN) 15:42 KKN'l PLANNING `I'EL: 253 850 2544 P. 014 City of Auburn Planning Commission July 2 2002 . • Page 3 • • Specific Comments: Comprehensive Plan Process and Policies Our review of the City's essential public facilities process and policies raised a • number of questions: CF-65 Essential Public Facility Siting Process Section 1 of the policy states that the City will review proposals through the • process outlined in sections 3 through 8 of this policy if the essential public facility serves a regional, countywide, statewide or national need and "Is included in a policy sense within an adopted state or regional plan" that was developed through an appropriate public process and has undergone a NEPA and/or SEPA review, and that includes a clear policy statement supporting the type of facility proposed, and includes "in a policy sense' the set of siting guidelines used for such a facility. • •State law requires the siting of secure community transition facilities and directs DSHS to develop Policy Guidelines based on the specific siting, security and process criteria in the law. It is not clear whether CF-65 la and lb would require a process and plan in addition to the Policy Guidelines and the requirements of • state law. If it would, the time required to provide such additional plan might ' delay siting to the extent that it would make it impossible to site a facility in the City within a reasonable time frame. Such delay could be considered a restriction that would preclude the siting of SCTFs In the City. Therefore, we request clarification regarding the application of CF-65 1 a and lb to the siting of secure community transition facilities. • Section 3 of the policy refers to the Special Area Plan process, and use of the guidelines and review process of part 1 (above). It is not clear what the City will require as a Special Area Plan process. We request that it be clarified. • Section 4 refers to structuring the financing strategy for the mitigation plan so that the costs of the plan shall be allocated proportionally on a benefit basis using, but not limited to, non-local sources of funding. It is not clear how "benefit basis" would be applied to the siting of a secure community transition facility. In addition, ESSB 6594 Section 17 allows DSHS to enter into,negotiatlon for • mitigation agreements with cities, counties and educational institutions, subject to • availability of funds, and limits those agreements to specific types of costs incurred. Mitigation requirements that exceed those provided by state law could preclude siting a secure community transition facility, in violation of RCW 36.70A.200. • • Section 5 states that the special area plan process to be used for essential 440, public facilities of a regional, countywide, statewide or national nature shall follow JUL. -15' 02 (MON) 15: 42 DENT PLANNING TEL: 253 850 2544 P. 015 • City of Auburn Planning Commission July 2 2002 Page 4 the City's Comprehensive Plan amendment process. How does the special area plan process relate to the conditional use process proposed in the regulations? • Where is the special area plan process described? is the "Region Serving Areas of Auburn one of these special areas? Would it be necessary to go through both a legislative special area plan process and a Type 4 quasi-judicial conditional use process? If so, how long would the process take? Are there any time limits on the City's,process? If both processes are required, we are concerned that they could become so lengthy as to preclude siting an SCTF. As we indicated of page 2 of our letter, a reasonable amount of time to complete local land use permitting process is 180 days from the inception of any local requirements. An unreasonable time frame could result in pre-emption. In Section 8, application evaluation criterion 8.h. Is 'Whether a sufficient and reasonable number of alternative sites have been considered.' Is the city requiring that alternate sites be considered within the city or within the county? LSHS is conducting a countywide search for sites that will lead to.a final • selection of one site. That search:will include an analysis of many sites within the county, but there may be few appropriate sites to consider within the boundaries of any one city. In Section 8, criterion 8.i. asks "Whether careful analysis has been completed to show that siting of the-facility will have no undue impact on any one racial, cultural, or soclo-econotnic group, and there will not be a resulting concentration of similar facilities in a,particular neighborhood, community, jurisdiction, or region.' Similarly, in the proposed ordinance, the City is requiring the application to include "An analysis showing that utmost consideration was given to potential sites such that siting-of the facility will have no undue impact on anyone racial, • cultural, or soclo-economic grt up, and that there will not be a resulting concentration of similar facilities in a particular neighborhood, community, . jurisdiction, or region.' • The legislature addressed the issue of equitable distribution through the requirements of RCW 71.09.250(8) and 71.09.250(9). In RCW 71.09.250(9)(a), • cities are asked to consider equitable distribution in terms of residential beds operated by the department of corrections or the mental health division of DSHS, and the number of level II or Ill and homeless registered sex offenders. • We recognize and support the city's concern for equitable distribution. However, • since the city is limiting Itself to the light and heavy Industrial zoning districts for siting SCTFs, and land supply in the Region Serving Area of Auburn may be • �,,,, limited, this requirement could be used to preclude a facility. - JUL. -15' 02 (MON) 15: 43 KENT PLANNING TEL: 253 850 2544 P. 016 y , • City of Auburn Planning Commission July 2 2002 • Page 5 • • CF-69 Restriction to Region Serving Area. Again, has the City conducted sufficient analysis to be confident that the M-1 and M-2 zones located within the . Region Serving Area will produce viable sites for an SCTF? Also, both this policy and the.proposed regulations state, "Extensive buffering from adjacent uses may required." One of the siting criteria instate law (RCW 71.09.290) is whether limited visibility between the facility and adjacent properties can be achieved prior to the placement of any resident. Another is the existence of or ability to establish barriers between the site and the risk potential facilities and activities. In siting the facility, DSHS will comply with state law, as • well as the setback, landscaping, minimum lot area, and lot coverage requirements for the City's MIC/HI Zoning District. Our concern is simply a question about the type of buffering that the City might require under the proposed ordinance, and what "extensive" means. • • Specific Comments: Proposed SCTF Ordinance • .DSHS offers the following comments on the City of Auburn's draft ordinance to amend the City's zoning code for siting secure community transition facilities. vaiol Siting Criteria. Selection of appropriate zones or areas for SCTFs is a local choice. Location of an SCTF in the "Region Serving Area of Auburn" in either the Light Industrial or the Heavy Industrial zoning district would be appropriate as • . long as you are confident that sufficient sites meeting the state criteria are available in this area. RCW 36.70A.200(5) states that no local comprehensive • plan or development regulation may preclude the siting of essential public facilities, including SCTFs. We suggest that the City conduct a thorough .. geographic analysis to make sure that limiting SCTFs to this area would not be preclusive, given the location of risk potential facilities and the proposed one mile • • separation from any work release. prerelease, or similar facility. For comments on "extensive buffering," please see discussion above on Plan Policy CF-69. Dispersion Criteria. The proposed dispersion criteria listed attempt to address • both risk potential facilities and equitable distribution. We are concerned, however, that some of those criteria would be inconsistent with and more restrictive than state law. ESS6 6594 Section 7 states that regulations that impose requirements more restrictive than those specifically addressed in RCW 71.09.285 through 71.09.340 are void. RCW 71.09.250(8) identifies the factors to be considered in evaluating equitable distribution. Those factors include the number of residential facility beds operated by the Department of Corrections or .411.0 JUL. -15' 02 (MON) 15: 43 KENT PLANNING TEL: 253 850 2544 P. 017 • City of Auburn Planning Commission July 2 2002 Page 6 • the DHS Mental Health Division and the number of registered level II or level ill . sex offenders and homeless sex offenders in each jurisdiction. The proposed amendment to section 18.48 of the City of Auburn's zoning code • would require the lot line of any new or expanding SCTF to be located: . • 1,000 feet or more from any residential use. State law requires that a SCTF must not be located adjacent to, across the street or parking lot from, or within line of sight of risk potential facilities. The law includes a list of risk potential facilities such as schools, child care centers, and park, but does not require SCTFs to be separated by any specific distance from other residential uses. Therefore, this requirement would be more restrictive than the requirements in state law and would be a basis for preemption. . . • 1,000 feet or more from any group residence facility as defined by.ACC 18.04.440. State law does not require a separation from group residence facilities, and they are•not Included in the facilities for equitable distribution consideration. Requiring that a new or expanded SCTF be located at least 1,000 feet from any group residence facility as defined by ACC 18.04.440 is more restrictive than the requirements In state law. • One mile or more from any work release, prerelease or similar facility, Our concern here Is whether a separation of one mile limits the area available for siting an SCTF to the extent that siting a facility is precluded. We suggest that the city conduct additional geographic analysis before making this requirement to be sure it is•not preclusive. • On-Site Facilities and Services. The City's proposed performance standard for secure community transition facilities states: 'The facility shall provide on-site dining, on-site laundry or laundry service, and on site recreation facilities to serve • the residents." We view this as a program issue, not a land use issue. The legislation specifically gives DSHS authority to make the decisions on security and program. Since SCTFs are residential facilities, all of these services and facilities are part of an SCTF program, and would be included in SCTF building designs. It is unclear to.us why the City is considering adding these requirements. If it is an attempt to make these program features part of the ordinance as a security measure for the purpose of keeping the residents confined to the facility, it could be construed as a more restrictive.measure than the security measures provided • in RCW 71.09.295 through 71•.09.315. The purpose of these facilities Is to provide the residents a safe, gradual transition back into the community. JUL. -15' 02 (MON) 15: 43 KENT PLANNING TEL: 253 850 2544 P. 018 • City of Auburn Planning Commission July 2 2002 Page 7 Application Requirements • In addition to the requirements for a conditialse that itapplication, pursuant to Chapter 18.64 AMC, the.proposed ordinancerequires permit application for an SCTF be accompanied by the following: Analysis of Undue Impacts. Please refer to comments above on Plan Policy • CF-65, Section 8.1. Proposed Mitigation Measures. The conditional use application Is to be accompanied by proposed mitigation measures. The state legislature anticipated local concerns for community safety twa n it si ion facilities,ties and the snlng effectamitigated security requirements for secure community For comments on many of the anticipated impacts from a facility of this type. • financial mitigation, please see comments on CF-65, Section 4, above. • A Detailed Security Plan and Proposed Operating ules In eg rd to the detailed security plan and proposed operating rules, we ies interest in ensuring the safe operation of the proposed SCTF. We also can appreciate that the City needs enough information about the proposed facility to • be able to evaluate the application. For security reasons, however, we prefer not • to make these documents a part of the public record by including hem in the application. We would be happy to provide a general description the program. how it functions, and how the proposed facility meets the requirements of state law. We believe that an essential component of operating a safe facility is a strong partnership between DSHS and the local law enforcement agency and the local • community. ESSB 6594 (Chapter 68, Laws of 2002), Section 16, provides the opportunity for the local jurisdiction where the facility is sited and DSHS to enter into a long-term agreement regarding operating procedures of the facility. We • believe that such an agreement, ratherthan the zoning code, is the best place•to • memorialize the respective roles and responsibilities of the state and the local government. Security measures for the program can be better handled on an on- • going basis through the agreement between the City and would DSHS, through hoestablished under local operational advisory board for the SCTF th a between DSHS and RCW 71.09.320, and through informal working partnerships local law enforcement. To have an effective partnership, we must be able to address issues on an ongoing basis, not just at the time of siting the facility. • Again, we appreciate the planning efforts the City is taking to provide for the siting of secure community transition facilities. Thank you for the opportunity to • comment on the proposed revisions to the designation and siting process for essential public facilities. If you have any questions concerning our comments, JUL. -15' 02NON) 15: 44 KENT PLANNING TEL: 253 850 2544 P. 019 City of Auburn Planning Commission • July 2 2002 Page 8 , • please do not hesitate to contact me at (360) 902-8257 or Elaine Taylor, Land Use Administrator for Secure Community Transition Facilities, at (360) 902-8184. Sincerely,g°,0eqk6iielr - Beverly K- Wlson Associate Superintendent for. Community Programs Special Commitment Center • • Enclosure c: Shirley Aird, City of Auburn Holly Gadbaw, DCTED • • • • • • ter, 0554-ORD 8/20/2002 CITY OF BELLEVUE, WASHINGTON ORDINANCE NO. 5404 AN ORDINANCE creating regulations regarding Secure Community Transition Facilities; amending the City of Bellevue Land Use Code; amending Sections 20.10.440 and 20.50.046; adding a new Section 20.20.750; and establishing an effective date. WHEREAS the State Legislature requires each jurisdiction planning under the Growth Management Act to adopt policies and regulations regarding Secure Community Transition Facilities on or before September 1, 2002; WHEREAS, the State Legislature has provided that jurisdictions failing to adopt such regulations by September 1, 2002 may have their land use and other authority pre-empted by the Department of Social and Health Services after October 1, 2002 with respect to the siting, construction and operation of Secure Community Transition Facilities; WHEREAS, the intent of this ordinance is to adopt regulations regarding Secure Community Transition Facilities that allow the City to participate to the maximum extent possible in decisions about where these facilities are sited in the City while complying with the Growth Management Act; WHEREAS, the development regulations adopted in this ordinance are deemed necessary by the City Council and are further deemed to be in the best interests of the •••- public health, safety, and general welfare of the City and its residents; and WHEREAS, the City of Bellevue has complied with the requirements of the State Environmental Policy Act, RCW Chapter 43.21C, and the City Environmental Procedures Code, BCC Chapter 22.02 as to the development regulations herein; now, therefore, THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 20.10.440 Residential Land Use Chart is hereby amended to read as follows: • fr 0554-0 RD 8/20/2002 4110 Uses in land use districts Residential STD LAND USE CODE ar REF t LAND USE CLASSIFICATION R-1 R-1.8 R-2.5 R-3.5 R-4 R-5 R-7.5* R-10 R-15 R-20 R-30 1 Residential Single-Family Dwelling 3 PP PPP P P P PP P Two to Four Dwelling Units Per PD PD PD PD PD PD PD P PP P Structure6* Five or More Dwelling Units Per PD PD PD PD PD PD PD P PP P Structure6* 12 Group Quarters:Dormitories,Fraternal Houses,Excluding Military and CPPP Correctional Institutions and Excluding Secure Community Transition Facilities Senior Citizen Dwellings 4,7 PD PD PD PD PD PD PD P PP P 5 5 5 5 5 5 5 13 Hotels and Motels 15 Congregate Care Senior Housing 4,7 PPP P 6516 Nursing Home7* C P P P Assisted Living 4,7 C P P P Accessory Dwelling Unit 9 SS SS SS S S SS S Permitted uses in the Evergreen Highlands Design District (EH-A, EH-B, EH-C and EH-D) are listed in LUC 20.25F.010. *Not effective within the jurisdiction of the East Bellevue Community Council and Sammamish Community Council. KEY P—PERMITTED USE C—CONDITIONAL USE(see Part 20.30E or Part 20.30C) PD—PERMITTED subject to planned unit development only. (See Part 20.30D) A—ADMINISTRATIVE CONDITIONAL USE(see Part 20.30E) S—Permitted only as a subordinate use to a permitted or special use -2- 0554-ORD 8/20/2002 Chart 20.10.440 Uses in land use districts Residential STD u LAND y y y ✓i y ye V C1 i) y E 6) 6) 76 6/ y .� L 'C 'L 0 USE c c at y y . N a, J t y y 0 O a a II,' A C CODE 0 co E coS o a) al C w A74 m _V U 8 REF o E w' S 3 $ w -a -av O 8 g x H m g 2 d v w 0 E t f m cc6 A c c c2 O 0 c_ �o A A o 0 3 c c c y J Cl t O J J J O J AIp) 0 8 a. 8 C C .,O„ 2 3 O m d 0 Z 5 lL LL 0 0 00 O O 00 0 0 LAND USE CLASSIFICATION PO 0 OLB LI GC NB CB F1 F2 F3 DNTN DNTN DNTN DNTN DNTN DNTN 0-1 0-2 MU R OB OLB 1 Residential Single-Family Dwelling 3 P15 P 1 S S S P 8 S S S S P P P P P Two to Four Dwelling Units Per P1 P P8 P6 P P P P P P P P Structure 6* Five or More Dwelling Units Per P1 P P8 P6 P P P P P P P P Structure 6* 12 Group Quarters:Dormitories, Fraternal Houses,Excluding Military and Correctional C C P PP P P Institutions,and Excluding Secure Community Transition Facilities Senior Citizen Dwellings 4,7 P P P P 8 P P P P P P P P P 13 Hotels and Motels P CCPPP PP P P P 15 Congregate Care Senior P P P PPP PP P P P P P Housing4,7 6516 Nursing Home7* C P P CPP PP P P P Assisted Living 4,7 C P C C P P CC P P P Accessory Dwelling Unit 9 S S SS SSSS SS S S S Permitted uses in the Evergreen Highlands Design District (EH-A, EH-B, EH-C and EH-D) are listed in LUC 20.25F.010. *Not effective within the jurisdiction of the East Bellevue Community Council and Sammamish Community Council. -3- 0554-ORD 8/20/2002 Notes: Uses in land use districts— Residential (1) No more than 50 percent of the gross floor area of the structure shall be devoted to residential use in 0 Districts, unless Conditional Use Permit approval is obtained and the applicable Comprehensive Plan policies do not discourage multifamily uses. (2) (Deleted by Ord. 4999). (3) A boardinghouse or bed and breakfast is permitted in a single-family dwelling provided the requirements of LUC 20.20.140 are met. (4) An agreement must be recorded with the King County Department of Records and Elections restricting senior citizen dwellings, congregate care senior housing, or assisted living to remain in perpetuity as senior housing. (5) Through the planned unit development process, senior citizen dwellings may include common dining and recreation facilities. (6) Multifamily development in Planning Districts A and B of the Crossroads Subarea is not allowed. Multifamily development in Planning District E of the Crossroads Subarea north of NE 8th Street is not allowed. Refer to the Crossroads Subarea Planning District Guidelines of the Comprehensive Plan for Planning Districts A, B and E.* (7) In Planning Districts A and B of the Crossroads Subarea and in Planning District E of the Crossroads Subarea north of NE 8th Street, existing legal nonconforming multifamily uses can be converted to senior citizen housing, congregate care senior housing, assisted living or nursing homes. Refer to the Crossroads Subarea Planning District Guidelines of the Comprehensive Plan for Planning Districts A, B and E.* (8) These residential uses are permitted in NB Districts only if located on the second floor and above the permitted ground floor nonresidential uses. (9) Accessory dwelling units are permitted only as subordinate to single-family dwellings and are subject to the provisions of LUC 20.20.120. (10) (Deleted by Ord. 4999). (11) (Deleted by Ord. 4999). (12) (Deleted by Ord. 4999). (13) (Deleted by Ord. 4999). (14) (Deleted by Ord. 4999). (15) One single-family dwelling unit, occupying no more than 25 percent of the floor area of the structure, is permitted in the PO District. *Not effective within the jurisdiction of the East Bellevue Community Council and Sammamish Community Council Section 2. Section 20.10.440 Services Land Use Chart is hereby amended to read as follows: *4000 -4- 0554-ORD 8/20/2002 Uses in land use districts Services STD LAND USE CODE d cc REF LAND USE CLASSIFICATION R-1 R-1.8 R-2.5 R-3.5 R-4 R-5 R-7.5` R-10 R-15 R-20 R-30 6 Services 61 Finance,Insurance,Real Estate Services 62 Personal Services:Laundry,Dry Cleaning, Barber and Beauty,Photography Studio and Shoe Repair 6241 Funeral and Crematory Services 6262 Cemeteries CC CCCC C CCCC 629 Child Care Services 3,4 Family Child Care Home in Residence PP P PPP P P P PP Child Day Care Center CCP P 63 Business Services,Duplicating and Blue Printing, Steno,Advertising(Except Outdoor),Travel Agencies and Employment 634 Building Maintenance and Pest Control Services 637 Warehousing and Storage Services,Excluding Stockyards N", 639 Rental and Leasing Services:Cars,Trucks, Trailers,Furniture and Tools 641 Auto Repair and Washing Services 649 Repair Services:Watch,TV,Electrical, Upholstery Professional Services:Medical Clinics and Other Health Care Related Services Professional Services:Other 6513 Hospitals 66 Contract Construction Services:Building Construction,Plumbing,Paving and Landscape Permitted uses in the Evergreen Highlands Design District (EH-A, EH-B, EH-C and EH-D) are listed in LUC 20.25F.010. *Not effective within the jurisdiction of the East Bellevue Community Council and Sammamish Community Council. KEY P—PERMITTED USE C—CONDITIONAL USE(see Part 20.30B or Part 20.30C) PD—PERMITTED subject to planned unit development only. (See Part 20.30D) A—ADMINISTRATIVE CONDITIONAL USE(see Part 20.30E) S—Permitted only as a subordinate use to a permitted or special use -5- 0554-ORD 8/20/2002 Uses in land use districts Services "S STD N 1"1 N 1-; 'M d.. LAND y y V V V in C w02) USE U_ C c d y L. p J _y y t/1 al V CODE O m H E m a) a) a) 00 D 8 d 0 T. i0 aJ 7 E .a m y y Cl) V V 7, 8 d 0 REF E 14 Ci 8 •0 •o a p p x a vyi 'y Q � .0 ,E .0 C C C d 2 ig Q fa fa C C O C o d c t E 0 0 0 3 ; E o. O 0 c0 0 •C 'C o C C 2 o 8 o al 0 Z �i 0 00 0 0 00 0 0 LAND USE CLASSIFICATION NB Fl F2 F3 DNTN DNTN DNTN DNTN DNTN DNTN PO 0 OLB LI GC CB 16 0-1 0-2 MU R OB OLB 6 Services 61 Finance,Insurance,Real Estate P P 11, Services P P P PPP PP P P 13 P13 P P P 1 12 62 Personal Services:Laundry,Dry P P 11, P 11, Cleaning,Barber and Beauty, S PPP PS S P P P P Photography Studio and Shoe Repair 2 12 20 6241 Funeral and Crematory Services C C C C C 6262 Cemeteries CCCCCCCCCC 629 Child Care Services 3,4 Family Child Care Home in Residence PP P P P P P P P P P P P P P P Child Day Care Center P P P P P P P P P P P P P P P P 63 Business Services,Duplicating and Blue Printing,Steno,Advertising P P P 11, (Except Outdoor),Travel Agencies P P P P PPPP P P P P P and Employment 5 17 12 634 Building Maintenance and Pest Control Services P P P P 637 Warehousing and Storage Services, Excluding Stockyards P P S S Rental and Leasing Services:Cars, 639 Trucks,Trailers,Furniture and Tools s P P A P 7 P 7 S S P S 6 18 641 Auto Repair and Washing Services A P P P P P8 19 649 Repair Services:Watch,TV, Electrical,Upholstery P P P P P P P P P Professional Services:Medical Clinics P 11 and Other Health Care Related P P P PPPPPP P P P P 11 P Services 12 Professional Services:Other P P P P P P P P P P P P P11, P11 P 9 12 6513 Hospitals C C CCC CC C C C C 66 Contract Construction Services: P P Building Construction,Plumbing, Paving and Landscape Permitted uses in the Evergreen Highlands Design District (EH-A, EH-B, EH-C and EH-D) are listed in LUC 20.25F.010. *Not effective within the jurisdiction of the East Bellevue Community Council and Sammamish Community Council. INSIO -6- 0554-ORD 8/20/2002 Uses in land use districts Services STD LAND USE CODE w REF LAND USE CLASSIFICATION R-1 R-1.8 R-2.5 R-3.5 R-4 R-5 R-7.5* R-10 R-15 R-20 R-30 671 Governmental Services:Executive, Legislative,Administrative and Judicial C 15 Functions 672 Governmental Services:Protective Functions 673 and Related Activities Excluding Maintenance C CCCCC C CCCC Shops Limited Governmental Services: P PP P Protective Functions21 Limited Governmental Services:Executive and Administrative,Legislative and Protective Functions22 674 Military and Correctional Institutions C C C C CC C CCCC 675 Secure Community Transition Facility 23,24 681 Education:Primary and Secondary C C C , C C C C CCCC 682 Universities and Colleges C CC C CC C CCCC 683 Special Schools:Vocational,Trade,Art, Music,Driving,Barber and Beauty Schools 691 Religious Activities C C C C CC C CCCC 692(A) Professional and Labor Organizations Fraternal Lodge 692(B) Social Service Providers A 14 A 14 A 14 A 14 A 14 A 14 A 14 A 14 A 14 A 14 A 14 Administrative Office General Computer Program,Data Processing and Other Computer Related Services Research,Development and Testing Services Permitted uses in the Evergreen Highlands Design District (EH-A, EH-B, EH-C and EH-D) are listed in LUC 20.25F.010. *Not effective within the jurisdiction of the East Bellevue Community Council and Sammamish Community Council. KEY P—PERMITTED USE C—CONDITIONAL USE(see Part 20.30B or Part 20.30C) PD—PERMITTED subject to planned unit development only. (See Part 20.30D) A—ADMINISTRATIVE CONDITIONAL USE(see Part 20.30E) S—Permitted only as a subordinate use to a permitted or special use -7- 0554-ORD 8/20/2002 Uses in land use districts Services STD e- N M N v O - N LAND a w y y N N N Ci C1 N m a) To at a1 r « w •C r. a 0 USE V C •` C a) N N y N N e i Z d o 0 0 CODE O m a E m m ai ar m7 c 0 CO ° a1 E .° m N N Y1 y G al a) O REF O rn o E J c O m o D c . ° A m 0 0 a u E ''0 0 = c c o 3 0 c m 0 0 3 3 o m 0 Z li U. a 0 O 0 3 O 0 0 0 0 LAND USE CLASSIFICATION PO O OLB LI GC NB CB F1 F2 F3 DNTN DNTN DNTN DNTN DNTN DNTN 16 0-1 0-2 MU R OB OLB 671 Governmental Services: Executive,Legislative, P 11, Administrative and Judicial C C C CCCC P P P P 11 A Functions 12 672 Governmental Services: Protective Functions and Related C C 673 Activities Excluding Maintenance C C C CCCCC P CC A Shops 10 10 Limited Governmental Services: Protective Functions21 Limited Governmental Services: Executive and Administrative, Legislative and Protective P P P PPPPPP P P P P 12 P P Functions22 674 Military and Correctional Institutions CCCCCCCCCC 675 Secure Community Transition Facility 23,24 C C 681 Education:Primary and Secondary C A A A AC A A A A A A A C A A 682 Universities and Colleges P P P P P C P P P P P P P 683 Special Schools:Vocational, P 11, Trade,Art,Music,Driving,Barber p p p p p PPP P P 12 P 11 P and Beauty Schools 691 Religious Activities PPP P PCP PP P P P P C C P 692 A Professional and Labor Organizations Fraternal Lodge C C P P PPPPP P P CCP 692(B) Social Service Providers CCPPPPPPPP P P P C C P Administrative Office General P 11, P P P P5 P PPP P P P P t2 P P Computer Program,Data Processing and Other Computer p p p p 5 p PPPPP p12' PP Related Services Research,Development and P 11, Testing Services P P P P 5 P P P P P P 14 P P Permitted uses in the Evergreen Highlands Design District(EH-A, EH-B, EH-C and EH-D)are listed in LUC 20.25F.010. *Not effective within the jurisdiction of the East Bellevue Community Council and Sammamish Community Council. ,410 -8- 0554-ORD 8/20/2002 ,.. Notes: Uses in land use districts—Services (1) Finance, Insurance, Real Estate Services are permitted only if commercially or industrially related in LI Districts. (2) Personal Services are permitted in LI Districts only if located in a multiple function building or complex. (3) Refer to Chapter 20.50 LUC for definitions of child care service, family child care home, and child day care center. (4) A child care service may be located in a community facility in any land use district pursuant to LUC 20.20.170.E. (5) These uses are permitted in LI only if located in a multiple function building or complex. (6) Automobile rental and leasing services require administrative conditional use approval and are subject to the decision criteria in LUC 20.20.135. (7) Rental Services are restricted to autos and furniture in CB and F1 Districts and to truck, trailer, and tool rentals provided the site has two street frontages. (8) Auto repair and washing services are permitted only if washing services are a subordinate use to a permitted or special use in Downtown-MU Districts. (9) Professional services are permitted in LI Districts only if located in a multiple function building or complex. (10) Governmental Services include maintenance shops in LI and GC Districts. (11) Limited to a maximum of 1,500 gross square feet per establishment. (12) Nonresidential uses are permitted in Downtown-R only if developed in a building which contains residential uses. (13) Drive-in facilities may be permitted through Design Review Part 20.30F LUC at any location in the Downtown-0-2 District, or within 200 feet of NE 4th Street or NE 8th Street in the Downtown-0-1 District; but only if all the following criteria are met: (a) On-site capacity for vehicle stacking of 10 spaces for one drive-up station and 20 spaces for two or more drive-up stations must be provided. (b) The design of the vehicular access is compatible with high volume pedestrian walkways and parking access. The vehicular access will not disrupt established retail or service frontages designed to serve pedestrians, nor can the vehicular access lanes be located between the street and the main pedestrian access to the buildings. (c) The vehicle stacking lanes must be contained within a structured parking area, or be otherwise screened. (d) Landscaping or screening must be provided to mitigate any adverse effects on nearby property. Perimeter walkways and sidewalks must conform to the requirements of LUC 20.25A.060. (e) Walk up banking service, whether manned or electronically activated customer service stations, must be provided on-site during regular daytime business hours for pedestrian business when there is no interior banking service. (14) These uses are permitted only in Bellevue School District schools, whether under control of the School District or the City. (a) In the review of the proposed use or uses under the Administrative Conditional Use -9- 0554-ORD 8/20/2002 Permit application, Part 20.30E LUC, the following criteria shall be considered: '44119 (i) Consistency of the proposal with the goals and policies of the Comprehensive Plan. (ii) Extent to which the physical environment will be modified by the proposal. (iii) Ability to provide on-site parking facilities to accommodate intended uses under the proposal. (iv) Extent of additional demand on public utilities and public services resulting from the proposal. (v) Noise impacts of the proposal. (vi) Traffic volumes and street classifications in the area of the proposal. (vii) Compatibility of the proposal with surrounding land uses. (viii)Impact of the proposal on the visual and aesthetic character of the neighborhood. In addition, the proposed use or uses shall not be more intensive than if the school were being used as a school. (b) A Master Conditional Use Permit listing a range of permissible uses from those permitted in the land use district as listed in LUC 20.10.440 can be obtained for the entire school by using the conditional use process, Part 20.30E or Part 20.30C LUC. Uses listed in the permit shall be permitted outright and uses not listed but permitted as conditional uses shall obtain a Conditional Use Permit. (15) Permitted in inactive elementary school facilities. The following criteria shall be considered: (a) Criteria a.i-viii, Note 14—Uses in land use districts—Services. `al (b) Hours of operation. (c) Proposed signing. (16) Each individual service use in NB Districts is limited to 5,000 square feet. Administrative conditional use approval is required for hours of operation between 12:00 midnight and 6:00 a.m. The applicant must meet the decision criteria for an Administrative Conditional Use Permit set forth in Chapter 20.30E LUC, and must demonstrate that: 1)the use will meet the requirements of the Noise Control Ordinance, Chapter 9.18 BCC; and 2)the use will meet the lighting standards of the Community Retail Design District for all lighting fixtures on the premises that would be lit between the hours of 12:00 midnight and 6:00 a.m. Businesses operating between the hours of 12:00 midnight and 6:00 a.m. on the effective date of City of Bellevue Ordinance No. 4422 are exempt from the ACUP requirements. (17) Only travel agencies are permitted in NB District. (18) Rental services limited to truck, trailer and tool rentals are permitted in NB Districts with administrative conditional use approval, provided the site has two street frontages. (19) Auto repair and washing services are permitted with administrative conditional use approval only in NB sites that have two street frontages. (20) Personal services are permitted only when functionally integrated within a building or complex used primarily as a hotel or motel; office building; university or college; charitable, social service, professional or labor organization; or recreational facility. (21) Uses are limited to neighborhood community police stations of 1,000 square feet or less. -10- 0554-ORD 8/20/2002 (22) Uses are limited to 1,000 square feet, except for protective functions which are limited to community police stations of 1,500 square feet or less. (23) No portion of a property on which a Secure Community Transition Facility is proposed to be located may be within 300 feet of the boundary of any land use district within which the SCTF use is prohibited. The required 300 feet shall be measured in accordance with the policy guidelines established by the Department of Social and Health Services pursuant to RCW 71.09.285(4), now or as hereafter amended. (24) Secure Community Transition Facilities are subject to the regulations for Secure Community Transition Facilities in LUC 20.20.750. Section 3. A new Section 20.20.750 is hereby added to the Land Use Code as follows: 20.20.750 Secure Community Transition Facility A. Applicability. This section applies to each Secure Community Transition Facility within the City. The requirements of this section shall be imposed at the initiation of any Secure Community Transition Facility use, and upon any addition or modification to a Secure Community Transition Facility use or structure housing that use. B. General. 1. Wherever located in the City, a Secure Community Transition Facility requires a Conditional Use Permit, LUC 20.30E or LUC 20.30C, prior to establishment of the facility. 2. The applicant for the Secure Community Transition Facility shall certify compliance with all applicable use requirements and conditions of this section in the application for conditional use required in subsection 1. C. Use Requirements. The following requirements apply to each Secure Community Transition Facility: 1. The applicant must demonstrate that the facility meets the definition of Secure Community Transition Facility. 2. The Secure Community Transition Facility and its operator must have received all necessary permits or approvals from the State of Washington Department of Social and Health Services. 3. The applicant must demonstrate compliance with State of Washington Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, now or as hereafter amended. 4. The applicant must demonstrate compliance with the requirements of RCW Sections 71.09.285 through 71.09.340 inclusive, now or as hereafter amended. For purposes of this section, the applicant must demonstrate compliance with the cited guidelines and statutory provisions through a written description specifically describing -11- 0554-ORD 8/20/2002 the steps taken to satisfy such guidelines or statutory requirements. In the event that '*'` compliance with the cited guidelines and statutory provisions can occur only during the construction of the facility or during its operation, then the applicant shall set forth the specific steps that will be taken to comply with such provisions, and such steps shall be made a condition of the Conditional Use Permit for the facility. D. Conditions. 1. The City may impose conditions to mitigate any and all potential adverse impacts of the facility on surrounding uses, except that for the requirements specifically addressed in RCW 71.09.285 through 71.09.340 inclusive, now or as hereafter amended, such conditions may not impose restrictions on the facility greater than those set forth in the cited statutory provisions. 2. The City shall impose a condition on the Conditional Use Permit for the facility limiting the number of beds to those requested by the applicant. Any increase in the number of beds beyond that applied for by the applicant and included in the Conditional Use Permit shall require an amendment to the Conditional Use Permit pursuant to LUC 20.30B.175 or LUC 20.30C.185. E. Additional Public Safety Measures. The City may seek additional public safety measures for any facility proposed under this section beyond those suggested by statute or proposed by the applicant. The City shall submit the comments to the Department of Social and Health Services in the manner and at the times set forth in RCW Chapter 71.09 now or as hereafter amended. The City may petition the governor to designate a person with law enforcement expertise to review the Department of Social and Health Services response to the City's comments in the manner set forth in RCW Chapter 71.09. F. Additional Risk Potential Activities. The City may suggest additional Risk Potential Activities, as defined in RCW 71.09.020(7), now or as hereafter amended, for consideration by the Department of Social and Health Services, consistent with the provisions of RCW 71.09.020(7), now or as hereafter amended. Section 4. A new definition is added to Section 20.50.046 as follows: Secure Community Transition Facility. Shall have the meaning set forth in RCW 71.09.020, now or as hereafter amended. -12- 0554-ORD 8/20/2002 Section 5. This ordinance shall take effect and be in force five (5) days after adoption and legal publication. PASSED by the City Council this 5th day of August, 2002, and signed in authentication of its passage this 5th day of August, 2002. (SEAL) Connie B. Marshall, Mayor Approved as to form: Richard L. Andrews, City Attorney Lori M. Riordan, Assistant City Attorney Attest: Myrna L. Basich, City Clerk Published August 9, 2002 -13- Draft SCTF Rules Page 1 of 2 BURIEN • Secure Community Transition Facilities F ,osed Definitions 19.10.479 Secure community transition facility-- A residential facility for persons civilly committed and conditionally released to a less restrictive alternative under RCW 71.09. A secure community transition facility has supervision and security,and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under RCW 71.09 and operated by or under contract with the Washington State Dept. of Social and Health Services. Proposed Zones NOTE: SCI'Fs should be allowed in the Industrial zone. BMC 19.15.050 (Industrial zone) will be amended to list Sell's as a separate use,subject to a Type 3 Land Use Review Process, and subject to the standards in BMC 19.17.110. Selrs should also be allowed in Special Planning Area 4—if and when this zone is created in the northeast part of the city. A reference to Special Planning Area 4 will be added to the ordinance,to be effective if and when the zone is created. 19.17.110 Secure Community Transition Facilities 1. Purpose and intent. The purpose and intent of requiring standards for secure community transition facilities(SC,IPs) is to comply with RCW 71.09 while maintaining compatibility with other land uses and services permitted within the city. 2. Applicability. The standards in this section apply to all SC;II's proposed and approved pursuant to BMC 19.15 and of subject to a variance. 3.Maximum number of residents: No SCJl shall house more than 3 persons, excluding resident staff. 4. Siting Criteria: A.SC,ilt&s should be located in relationship to transportation facilities in a manner appropriate to their transportation needs. B.No SUP shall be allowed within the following distances from the following specified use,areas or zones, whether such uses, areas or zones are located within or outside the City limits: i. Within 330 feet of any residential zone or community'residential facility, ii. A c fining,immediately across a street or parking lot from,or within the line of sight of a "risk potential activity" as defined in RCW 71.09.020, as amended,that include,but are not limited to: a. Community center; b. Licensed day care operations c. Licensed preschool facilities; d. Public libraries e Public park and recreation facilities f. Religious facilities; and ,,. g. Schools h. School bus stops; http://www.ci.burien.wa.us/commdvlpmnt/SCTF%206-18.htm 8/22/02 Draft SCTF Rules Page 2 of 2( i. Sports fields; and j. Trails iii..'Within one mile from any existing SOP,work release,prerelease, or similar facility. C The distances specified in subparagraph B of this subsection shall be measured by following a straight line from the nearest point of the building in which the SC,11- is to be located,to the nearest point of the zoning boundary line or pnot e ty lime of the lot on which the use from which the proposed SC.11- is to be separated is located. 5. On-Site Facilities Required: Each SC1]" shall provide on-site dining, on-site laundry or laundry service, and on-site recreation facilities to serve the residents. 6. Application Materials: In addition to the regular application materials required for a Land Use Review pursuant to BMC 19.65.030.2, an application for an SOP shall also include: A. The siting process used for the SC,I ",including alternative locations considered. B. An analysis showing that utmost consideration was given to potential sites such that siting of the facility will have no undue impact on any one racial, cultural, or socio-economic group, and that there will not be a resulting concentration of similar facilities in a particular neighborhood,community,jurisdiction, or region. C. Proposed mitigation measures including the use of extensive buffering from adjoining uses. D. A detailed security plan for the facility and the residents. E. Proposed operating rules for the facility. F. A schedule and analysis of all public input solicited or to be solicited during the siting process. http:llwww.ci.burien.wa.us/commdvlpmnt/SCTF%206-18.htm 8/22/02 Secure Community Transition Facilities "Secure Community Transition Facilities" (SCTFs) are facilities that provide less restrictive living arrangements for convicted sex offenders than total confinement. These facilities have 24-hour su security, and either provide or ensure the provision of sex offender treatment services. The SCTF offers 24-hour intensive staffing and line-of-sight supervision by trained escorts when residents lea facility. In response to a court injunction, State laws enacted in June 2001 and March 2002 require cities a (including Burien) to plan for the siting of SCTFs by September 1, 2002. If Burien fails to adequa SCTFs by September 1st, our local zoning laws can be pre-empted by the Dept. of Social and Heal (DSHS), if they want to site an SCTF in Burien. SCTFs are currently allowed in most areas of Bu an Essential Public Facility or as a Community Residential Facility. Our existing criteria for revie approving Essential Public Facilities and Community Residential Facilities are potentially more re the criteria in State law; therefore, our existing regulations do not conform to State law for SCTFs http://www.ci.burien.wa.us/commdvlpmnt/commdvlpmnt.htm 8/20/2002 Over the summer, the Planning Commission and City Council will be looking at different option SCTFs in Burien, to comply with State laws. The draft regulations would allow SCTFs in the In and Special Planning Area 4 (if and when that business park zone is created in NE Burien), subj certain standards. More information on SCTFs can be found on the DS (http://www.wa.gov/dshs/geninfo/sccoverview.html). For information on Burien's existing a regulations on SCTFs, please contact the Department of Community Development at (206) 248-55 SECURE COMMUNITY TRANSITION FACILITIES SCHEDULE August 19, 2002, 7:00 p.m.--City Council decision All meetings held at Burien City Hall, 415 SW 150th St. AIL. -15' 02 (MON) 15: 44 KENT PLANNING TEL:253 850 2544 P. 020 11rI1� JUN 1 2002 STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES PO Cox 45322 • Olympia WA 98504•5322 June 18, 2002 Enumclaw City Council City of Enumclaw Planning Commission 1339 Griffin Avenue Enumclaw, Washington 98022. RE; Amendments to the Enumclaw Comprehensive Plan and Enumclaw Municipal Code regarding the siting of Essential Public Facilities and Secure Community Transition Facilities Dear Commissioners and Council Members: Thank you for the opportunity to provide testimony on the proposed amendments to the City of Enumclavds comprehensive plan and municipal code. We appreciate the City's interest in working with the Department of Social and Health Services (DSHS)to assure that its approach to siting secure community transition facilities (SCTF) meets the requirements of state law. We look forward to continuing to work in partnership with the City to adequately and appropriately address this important need. As you know, RCW 36.70A.200, as amended by ESSB 6694 (Chapter 68, Laws of 2002), requires all counties and cities to establish a process and amend development regulations as necessary"to provide for the siting of secure community transition facilities consistent with statutory requirements applicable to these facilities.' At a minimum, this means: e The local process and regulations must not preclude the siting of a SCTF. • The land use regulations must be consistent with, and no more restrictive than, the requirements for siting and operating a SCTF set out in chapter 71.09 RCW. • The jurisdiction must consider the effect of"equitable distribution factors"on the siting of a facility as addressed in RCW 71.09.250(8). A written policy or statement that describes how your jurisdiction weighs this requirement against other public safety siting requirements of chapter 71.09 RCW is evidence of your consideration. • The zones or areas that the jurisdiction identifies as appropriate for siting secure community transition facilities must include potential sites that meet the criteria in state law. The jurisdiction has the option of identifying specific JUL. -15' 02 (MON) 15: 44 KENT PLANNING TEL: 253 850 2544 P. 021 Enumclaw City Council and Planning Commission June 18, 2002 Page 2 sites or parcels that meet the criteria in state law. A potential site means either buildable land or a suitable existing facility that is available for lease or purchase at a reasonable or fair market rate. To meet these requirements, we suggest that a jurisdiction complete sufficient analysis to determine whether or not areas or zones designated as appropriate for siting an SCTF will actually yield potential sites that meet the criteria in chapter 71.09 ROW. At a minimum, this means analyzing risk potential locations and equitable distribution factors. To assist you in this analysis, DSHS developed a Geographic Information System (GIS) that maps the locations of risk potential facilities and activities and provides information • on equitable distribution factors. DSHS has provided this GIS data to your planning staff and will provide updated data as it becomes available. • The local jurisdiction's siting and permitting processes that would be required when DSHS actually sites a facility must be designed to result in a permitted site in a timely manner. This means that the siting process will enable the department to complete construction or renovation of a facility so that it is available for occupancy when needed. A reasonable amount of time to complete local land use permitting process is 180 days from the start of the local jurisdiction's process. It is the department's expectation that local jurisdictional permitting processes and regulations (e.g., building permits) for SCTFs will be no more stringent than the requirements for group care facilities. Specific Comments DSHS offers the following comments on the City of Enumclaw's specific proposed amendments to its comprehensive plan and municipal code for siting secure community transition facilities: Chapter 19.32.160 Secure Community Transition Facilities In citing RCW 71.09.020(10)to define secure community transition facilities, the state statute should either be shown as a direct quotation or reworded slightly to clarify references to "this chapter"as Chapter 71.09 RCW and "the secretary' as the Secretary of the Washington State Department of Social and Health Services. 44100 Minimum Requirements. ESSB 6594 (Chapter 68, Laws of 2002), Sec. 7, states: jUL. -15' O2 (MON) 15: 44 KENT PLANNING TEL: 253 85U 2544 P. 022 Enumclaw City Council and Planning Commission June 18, 2002 Page 3 The minimum requirements set out in RCW 71.09.285 through 71.09.340 are minimum requirements to be applied by the department. Nothing in this section is intended to prevent a city or county from adopting development regulations, as defined In RCW 36.70A030, unless the proposed regulation imposes requirements more restrictive than those specifically addressed in RCW 71.09.285 through 71.09.340. Regulations thatimpose requirements more restrictive than those specifically addressed in these sections are void. Nothing in these sections prevents the department from adding requirements to enhance public safety. As referenced in the law, any of City of Enumclaw's regulations that are more restrictive than the specific requirements in RCW 71.09.285 through 71.09.340 would be void. Following are some of the City's proposed regulations that raise concerns: Location criteria_ • Requiring that a new or expanded SCTF be located at least 750 feet from any residential use or family home for adults as defined by EMC 15.04.020 is more,restrictive than the requirements in state law. • The list of risk potential facilities and activities in the proposed ordinance omits playgrounds. Since the statutory definition includes playgrounds, we suggest adding them to the proposed ordinance. • We request clarification regarding the requirement for a 750-foot separation from work release, prerelease or similar facilities. Equitable distribution considerations addressed in RCW 71.09.250 speak to the need for cities and counties to consider the number and location of existing residential facility beds operated by the Department of Corrections or the DSHS Mental Health in each jurisdiction in the county, and the number of registered sex offenders classified as level 11 or level Ill and the number of sex offenders registered as homeless residing in each jurisdiction of the county. Does the "similar facility/' referred to in C.l d of the proposed ordinance specifically refer to the facilities listed in RCW 71.09.250, or does it include something broader (e.g., group homes)? If it refers only those types of facilities listed in RCW 71.09.250 and the intent is to assure equitable distribution of similar facilities, we would view this as the City's implementation of its equitable distribution policy. If"similar facility" refers to something broader than the facilities listed in RCW 71.09.250, it would be more restrictive than the slate statute. JUL. -15' 02 (MON) 15: 45 KENT PLANNING TEL: 253 850 2544 P. 023 . . .... .- ...- ..wwr .a. ... . . v. ..r....r.v..•.0 . .n /vvv C/ICJC in41+ C Enumclaw City Council and Planning Commission r. r June 18, 2002 Page 4 • Program criteria. The proposed ordinance requires that each facility provide on-site dining, on-site laundry or laundry service, and on-site recreation facilities to serve the residents. Since SCTFs are residential facilities, all of these services and facilities are part of an SCTF program and SCTF building designs would include space for all of these. To make these program features part of the ordinance, however, could be construed as a more restrictive security measure than the security measures provided in ESSB 8594, Sec. 16 (Chapter 68, Laws of 2002). Conditional use permit application requirements. In regard to the security plan and operating rules, we understand the City's concern with ensuring the safe operation of the proposed SCTF. We believe that an essential component of operating a safe facility is a strong partnership between DSHS and the local law enforcement agency and the local community. To have an effective partnership, we must be able to address issues on an ongoing basis, not just at the time of siting the facility. ESSB 6594 (Chapter 68, Laws of 2002), Section 16, requires the state, at the request of a city or county, to visOs enter into a long-term contract stating the agreements for the operation of the facility. We believe that such a contract, rather than the zoning code, is the best place to memorialize the respective roles and responsibilities of the state and the local government. The contract can be amended by mutual agreement to address issues as they arise. Security measures for the program can be better handled on an on-going basis through the contract between the City and DSHS, through the operational advisory board established under RCW 71.09.320, and through informal working partnerships with local law enforcement. Enumclaw Comprehensive Plan Analysis of Proposed Site and Review of Alternatives. This section includes a policy statement regarding equitable distribution of essential public facilities. Is the 750-foot separation requirement in the proposed ordinance intended to be the implementation of this policy language? Timing. The proposed ordinance states that the applicant must give substantial public notice regarding the proposal to allow time for public comment through the public hearing process. State statute requires at least fourteen days advance notice of each public hearing on a proposed site. We feel that this is adequate, given other notification requirements in the state statute. ; The reference to the appointment of an ad-hoc committee to review requests to site essential public facilities raises concern. We could find no definition of the role and function of the ad-hoc committee. How would this committee function? J'UL. -15' 02 (MON) 15: 45 KENTPLANNING ,..n,JUVULJTEL: 253 850 2544�UL P. 024 • �,. Enumclaw City Council and Planning Commission June 18, 2002 Page 5 • At what point in the local application process would the ad-hoc committee be convened? Who would be on this committee, and how would they be selected? How would they interface with the usual procedures for processing a conditional use application? What is their role in the decision-making process? How much time would the work of the committee add to the process? Are there any time limits on the work of the committee? We request further information on how an ad-hoc siting committee would function. Thank you for the opportunity to comment on the proposed revisions to the designation and siting process for essential public facilities. If you have any questions concerning our comments, please do not hesitate to contact me at (360) 902-8257 or Elaine Taylor, Land Use Administrator for Secure Community Transition Facilities, at(360) 902-8184. Sincerely, - K04/30/1 Beverly K. Wilson Associate Superintendent for Community Programs Special Commitment Center c: Martha Pansa, City of Enumclaw Holly Gadbaw, DCTED • COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES KEN T Charlene Anderson,AICP, Manager WASH I N G T O N Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 August 13, 2002 TO: COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP,PLANNING MANAGER RE: SECURE COMMUNITY TRANSITION FACILITIES Workshop Date: August 20, 2002 At their July 22"a public hearing, the Land Use&Planning Board recommended forwarding a "No Change"recommendation to the City Council regarding Secure Community Transition Facilities. The following paragraphs and enclosed documents provide background on this issue as the Council proceeds to consider the Board's recommendation. INTRODUCTION Senate Bill ESSB 6594 enacted March 2002 (amending ESSB 6151 which was enacted June 2001) requires cities to provide for siting of secure community transition facilities (SCTFs) by September 1, 2002. Changes to state law occurred as a result of a 1991 civil rights complaint and 1994 federal court order requiring the McNeil Island total confinement facility to provide residents with "constitutionally adequate mental health treatment." This means that residents who are ready for conditional release must have an opportunity for less restrictive alternative placement. SCTFs provide sexual offenders with living arrangements that are less restrictive than total confinement. An SCTF has "...supervision and security, and either provides or ensures the provision of sex offender treatment services" (RCW 71.09.020). The 2002 Legislature provided an appropriation to the Department of Social and Health Services (DSHS) for the implementation of ESSB 6594 and also allowed the state to "preempt and supersede local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary..." for failure to comply. However, failure to act by the September 1, 2002 deadline is not a condition for fiscal sanctions, appeals to the Growth Management Hearings Board, or a private cause of action(ESSB 6594 Section 2(8)). Staff presented this issue to the May 14, 2002 Public Safety Committee, which did not object to proceeding with analysis of the City's regulations regarding Secure Community Transition Facilities. Staff also presented this issue to the Land Use and Planning Board at their June 10th workshop, and the Board conducted a public hearing on the issue on July 22"a BACKGROUND Senate Bill 6151 amended the Growth Management Act to include SCTFs in the list of facilities that typically are difficult to site and that are deemed "essential public facilities" (RCW 36.70A.200 "GMA"). As directed by GMA, cities must have a process for identifying and siting these facilities. The Capital Facilities Element of the City of Kent Comprehensive Plan contains a goal and policies regarding the siting of essential public facilities. Goal CFP-8 envisions a "cooperative interjurisdictional process to determine siting of essential public facilities of a county-wide, regional, or state-wide nature." Policy CFP-8.3 provides for a conditional use ikard process for specific group homes. The City of Kent first defined and established a process for siting group homes in January 1991 via Ordinance No. 2958 (amended April 1999 via Ordinance No. 3451). This ordinance was in response to the 1988 Fair Housing Amendments Act. Kent City Code 15.02.173 defines a Class III group home as "...privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program..." and includes "...individuals who have been convicted of a violent crime against a person or a crime against property with a sexual motivation and convicted or charged as a sexual or assaultive violent predator." These group homes require a Conditional Use Permit to locate in all the commercial zoning districts in Kent except the GWC, Gateway Commercial district, where such group homes are not allowed. These group homes also are allowed via a Conditional Use Permit in the "0", Professional and Office, zoning district. They are not permitted in any other district. Kent City Code Section 15.08.280 further regulates the location of Class III group homes by a dispersion requirement of 600 feet from any other Class II or Class III group home and a 1,000- foot separation requirement from "sensitive land uses." These sensitive land uses include public or private schools, churches or other religious facilities or institutions, parks and playgrounds, and other such uses that are deemed to be sensitive. Class III group homes also must be separated at least 1,000 feet from all residential areas. State law requires SCTFs to provide a high degree of security and staff supervision. Security measures include court conditions, proximity to risk locations, intensive staffmg, closer supervision and escorts, household security systems, intensive training for qualified staff, informed staff and escorts, requiring advance planning for community trips, and individual electronic monitoring devices. The law also requires the City to consider the effect of"equitable distribution factors" on the siting of a facility. Consideration will be given to the City's number and location of existing residential facilities operated by the Department of Corrections or the Mental Health Division of DSHS, the number of registered sex offenders classified as level II or level III, and the number of sex offenders registered as homeless in the City. "Equitable distribution" means avoiding a disproportionate grouping of similar facilities in any one jurisdiction. The new SCTF law provides that such facilities may not be sited within the line of sight of any risk potential activities or facilities, i.e., those activities and facilities where the public has a higher incidence of risk from persons who are conditionally released from the special commitment center. The risk potential activities and facilities include schools, licensed day care and preschool facilities, public parks, publicly dedicated trails, playgrounds, sports fields, recreational and community centers, school bus stops,religious facilities, and public libraries. DSHS sent the City of Kent Geographic Information Systems (GIS) data providing location of the risk potential facilities referenced by the new law. Maps of the risk potential facilities, including 1,000-foot and 500-foot buffers are included in the agenda packet. DSHS data indicate the City of Kent has 206 registered sex offenders (all categories) and no residential facility beds City Council Workshop August 20,2002 Page 2 of 6 operated by the Department of Corrections and the DSHS Mental Health Division within the municipal limits. According to Police Department records, the number of registered sex offenders (all categories) provided by DSHS includes those offenders who have Kent mailing addresses but live in the unincorporated area of King County. The average number of registered sex offenders within the municipal limits is 125. A July registry listed 118 level one offenders, three (3) level two offenders and two (2) level three offenders. OTHER JURISDICTIONS Staff researched with other cities their progress toward meeting the regulations regarding Secure Community Transition Facilities. Most cities are preparing to amend their ordinances to comply with the September 1, 2002 deadline. Auburn: The City of Auburn is proposing Conditional Use Permitting for the facilities, with a separation requirement from sensitive land uses. Federal Way: The City of Federal Way is not preparing to amend their regulations and possibly will face preemption by the State of Washington of "...local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary to enable the department to site, construct, renovate, occupy, and operate secure community transition facilities..."(Reference Chapter 71.09 RCW). SeaTac: The City of SeaTac is proposing to allow the facilities in their High Commercial and Industrial zoning districts via a Conditional Use Permit process. The city is not proposing any separation or buffer from sensitive land uses beyond what is in the state law. Tukwila: The City of Tukwila is proposing allowing the facilities via an "unclassified use permit"(similar to Conditional Use Permit) in their industrial zone with a separation requirement from residential zones and other such facilities. King County: It appears that King County still is researching their response to the state regulations. At the very minimum,they likely will adjust their Group Homes ordinance to disallow such facilities in residential areas. Des Moines: At their public hearing, the City of Des Moines proposed allowing the facilities via Council Use Permit (similar to Conditional Use Permit) in the Pacific Ridge area north of S. 216th Street along Highway 99, in the CC zoning district along the west side of Highway 99 adjacent to the City of Kent, and in a business park area north of S. 216th Street. Covington: The City of Covington is not intending to amend their regulations and possibly will face preemption from the State of Washington. Renton: Staff from the City of Renton proposes to locate the facilities in their medium and heavy industrial areas in the"Valley" only and perhaps within the Arterial Commercial district along West Valley Highway. They are proposing a Conditional Use Permit process without a separation requirement. Other Cities: Although staff hasn't consulted directly with Burien, we understand the City of Burien is proposing a Conditional Use Permit process to allow the facilities in one of the industrial zoning districts,with a separation or buffer requirement. City Council Workshop August 20,2002 Page 3 of 6 ANALYSIS Staffs analysis of Kent City Code indicates that after applying the existing Group Homes Class III regulations, there is a limited number of potential locations that would meet the development criteria for locating Secure Community Transition Facilities. Additionally, on three previous occasions (Cities of Auburn, Enumclaw and Tukwila), the Department of Social and Health Services has commented that a separation requirement/buffer is more restrictive than the requirements in state law. In their July 22nd comments on the proposed City of Kent regulations, DSHS made similar remarks regarding those Kent options proposing separation requirements. DSHS further commented that their field tests determined that an individual might reasonably visually distinguish and recognize other individuals who are standing within 600 feet, assuming the terrain is visually unobstructed (Reference the "line of sight" criterion for siting Secure Community Transition Facilities). Staff proposed the following options for consideration by the Land Use & Planning Board in their public hearing: 1) No Change: Under this option Secure Community Transition Facilities would be classified Class III Group Homes. These Group Homes are allowed via Conditional Use Permit in the 0, Professional and Office, zoning district and in all commercial zoning districts (NCC, CC, DC, DCE, CM-1, CM-2, GC) except GWC, Gateway Commercial. There is a separation requirement or buffer from other Class II or Class III Group Homes and from residential and other sensitive land uses. Concerns about this option relate to the limited number of available parcels and the possibility of State preemption because of the perceived"more restrictive"criteria from State law. 2) Minor Change — Add zoning district: Under this option Secure Community Transition Facilities would be classified and allowed as in Option 1, with an amendment to add the GWC zoning district to the list of commercial zoning districts. This option slightly increases the number of available parcels. State preemption is possible as stated under Option 1. 3) Minor Change — Text Amendment: This option can be combined with either Option 1 or 2. A. Add a note to the Land Use Table (KCC 15.04.020) that states, "A Secure Community Transition Facility shall also comply with applicable state siting and permitting requirements (Reference Chapter 71.09 RCW). Secure Community Transition Facilities are not subject to the siting criteria of KCC 15.08.280 for Class III Group Homes, but they are subject to a 600-foot separation from any other Class II or III Group Home. (After hearing testimony from DSHS representative Beverly Wilson at the public hearing before the Land Use & Planning Board, staff was amenable to amending this text at this location as follows: "In no case shall a Secure Community Transition Facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk potential activities or facilities in existence at the time a site is listed for consideration. "Within line of sight" means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a Secure Community Transition Facility, the Hearing Examiner shall consider an unobstructed visual distance of 600 feet to be "within line of sight." Through the Secure Community Transition Facility — Conditional Use Permit process, "line of sight" may be City Council Workshop August 20,2002 Page 4 of 6 considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than 600 feet.") This distance will be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. B. Add a definition of Secure Community Transition Facility to KCC 15.02 as follows: "Secure community transition facility"means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under chapter 71.09 RCW and operated by the secretary of the State of Washington department of social and health services or under contract with the secretary. C. New definition in KCC 15.02 as follows: "Less restrictive alternative" means court- ordered treatment in a setting less restrictive than total confinement which satisfies the conditions set forth in RCW 71.09.092. D. New definition in KCC 15.02 as follows: "Equitable distribution" means siting or locating secure community transition facilities in a manner that will not cause a disproportionate grouping of similar facilities either in any one county, or in any one jurisdiction or community within a county, as relevant. E. Add to end of definition in KCC 15.02.173 as follows: Group home (C) Class III group home. Class III group home means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program, or been selected to participate in state-operated work/training release or other similar programs as provided in Chapters 137-56 and 137-57 WAC. Such groups also involve individuals who have been convicted of a violent crime against a person or a crime against property with a sexual motivation and convicted or charged as a sexual or assaultive violent predator. Class III group homes shall have a maximum of eighteen (18) residents including resident staff. (After hearing testimony from DSHS representative Beverly Wilson at the public hearing before the Land Use & Planning Board, staff was amenable to amending this text at this location as follows: "Secure Community Transition Facilities are considered Class III Group Homes.") F. Amend KCC 15.08.280(C) Separation requirements for Group homes class II and III as follows: "A one thousand (1,000) foot separation requirement will apply to class II and III group homes to separate such facilities from sensitive land uses such as public play dspublic 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, and other such uses that are deemed to be sensitive..." City Council Workshop August 20,2002 Page 5 of 6 (The Land Use & Planning Board, at the public hearing, accepted into the record a July 22, 2002 letter from John Reynolds of DSHS regarding this separation requirement precluding location of juvenile community facilities in Kent. Mr. Reynolds states this is contrary to the Growth Management Act and Growth Management Hearings Board decisions. Staff responded by noting that the public hearing before the Board was to consider regulations for siting Secure Community Transition Facilities and that staff would undertake review of regulations regarding other Group Homes at a later time.) G. Amend KCC 15.09.030(D)(8) Standards and criteria for granting a Conditional Use Permit: 8. Any other similar considerations may be applied that may be appropriate to a particular case. For example, Secure Community Transition Facilities shall comply with applicable state siting and permitting requirements (Reference Chapter 71.09 RCW). Great weight shall be given to equitable distribution and the City shall not be subject to a disproportionate grouping of essential public facilities of a state- wide, regional or county-wide nature. 4. Restricted zoning: Under this option, the siting of Secure Community Transition Facilities would be limited to the GWC, Gateway Commercial, zoning district (see enclosed aerial). The text changes under Option 3 would be applied in this option. (During the presentation at the public hearing before the Land Use & Planning Board, staff recommended approval of this option. Furthermore, after hearing testimony from DSHS representative Beverly Wilson at the public hearing before the Land Use & Planning Board, staff was amenable to amending KCC 15.04.020 to add a note in all zoning districts where Class III Group Homes are allowed stating "Secure Community Transition Facilities are permitted only in the GWC zoning district." A "reverse note" would then be added under the GWC zoning district stating "Other Class II and Class III Group Homes are not allowed in this zoning district.") RECOMMENDATION By a vote of 5 to 1 the Land Use & Planning Board recommended forwarding Option 1, No Change, to the City Council for approval. CA\S:\Permit\P1an\ZONECODEAMEND\2002\SCTFCCworkshop.doc Enc: DSHS July 22,2002 letter re Amendments to Chapter 15 of the Kent City Code DSHS July 22,2002 letter re...Juvenile Community Facilities DSHS July 19,2002 letter re local emergency services response time DSHS June 20,2002 letter"Elected Officials-Letter on Preemption" DSHS Frequently Asked Questions DSHS Summary of Statutory Siting Requirements • DSHS Index of Key Provisions for Siting&Operating SCTFs DSHS Overview of Civil Commitment Process&Treatment Program DSHS Allocation of Additional SCTF Beds DSHS SCTF Resident Profile DSHS SCC Resident Profile DSHS Process for Civil Commitment to Special Commitment Ctr KCC 15.02.173 and 15.08.280 4 maps showing risk potential locations with 1,000 and 500 foot buffers Aerial of GWC zoning district Environmental DNS,Decision Document&Checklist City Council Workshop August 20,2002 Page 6 of 6 • 0010.900000 JBT 07/30/02 ORDINANCE NO. A 3 45 AN ORDINANCE OF THE CITY OF ISSAQUAH, WASHINGTON, AMENDING THE LAND USE CODE TO PROVIDE PROCEDURES AND ZONING FOR THE SITING OF ESSENTIAL PUBLIC FACILITIES, INCLUDING SECURE COMMUNITY TRANSITION FACILITIES. WHEREAS, 3ESSB 6151 and ESSB 6594 were adopted by the Legislature to provide a means for the state to establish and site Secure Community Transition Facilities (SCTF) for the housing of persons conditionally released from the state's special commitment center for sexual predators; and WHEREAS, ESSB 6594 provides that cities can either provide their own siting process or have their local regulations preempted by the state; and WHEREAS, the Planning Policy Commission held a public hearing on April 11, 2002 to consider SCTF regulations; and WHEREAS, the Issaquah City Council has decided to retain as much local control over the SCTF siting process as is allowed under 3ESSB 6151 and ESSB 6594; and WHEREAS, this ordinance is intended to comply with the requirements of 3ESSB 6151 and ESSB 6594,NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF ISSAQUAH, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definition sections 18.02.060, 18.02.080, 18.02.200, and 18.02.210 of the Issaquah Municipal Code are hereby amended to add definitions for the terms "facility, (JBT523109.DOC;1/00010.900000/900000) - 1 - i . correctional," "facility, essential public," "facility, secure community transition," "risk potential activies/facilities," "screening, opaque," and "sight distance," which definitions shall read as set forth in Attachment Al, which is attached hereto and incorporated herein by this reference-as if set forth in full. Section 2. Tables 18.04.100-1 and 18.04.100-2 of the Issaquah Municipal Code, respectively entitled "Development Review Process and Procedures Matrix" and "Levels of Review,"are hereby.amended to read as set forth in Attachments A2 and A3, respectively, which are attached hereto and incorporated herein by this reference as if set forth In full. Section 3. Section 18.04.490 of the Issaquah Municipal Code entitled "Thresholds — Level 4," is hereby amended to read as set forth in Attachment A4, which is attached hereto and incorporated herein by this reference as if set forth in full. Section 4. A new flow chart entitled "Level 4 Review — Secure Community Transition Facility," is hereby added to the Appendix of chapter 18.04 of the Issaquah Municipal Code to read as set forth in Attachment A5, which is attached hereto and incorporated herein by this reference as if set forth in full. Section 5. Table 18.06.130 entitled "Table of Permitted Uses," is hereby amended to read as set forth in Attachment A6, which is attached hereto and incorporated herein by this reference as if set forth in full. Section 6. A new section 18.07.105 entitled "Essential Public Facilities," is hereby added to the Issaquah Municipal Code to read as set forth in Attachment A7, which is attached here to and incorporated herein by this reference as if set forth in full. Section 7. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or {JBT523109.DOC;1Y00010.900000/900000) -2 - unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 8. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after publication. Passed by the City Council of the City of Issaquah, the day of ,� .r;.�� , 2002. Approved by the Mayor of the City of Issaquah the , day of 2002. I APPROVED: ,4 /1.1,31/ ___.' AVA FRISINGER, MA OR ATTEST/AUTHENTICATED: d- TY CLERK APPROVED AS TO RM: OFFICE OF THE CITY ATTORNEY: BYN .N--- the-c.`c C ..______ FILED WITH THE CITY CLERK: 1-a7- 0?- PASSED BY THE CITY COUNCIL: '-5-0- PUBLISHED: k- (q-0a' EFFECTIVE DATE:$ lCI'IT ORDINANCE NO. A 315� 11/8/3 (18T523109.aoc;1ro00t0.900000/900000) -3 - �... Chapter 18.02—DEFINITIONS 18.02.080 Definitions—F. Facility, Correctional: A facility operated by a governmental agency and designed, staffed and suited for the permanent housing of adult persons charged with a criminal offense prior to trial and/or sentencing, and for the housing of adult persons for punishment and correction after sentencing. Facility,Detention: A facility operated by a governmental agency and designed, staffed and suited for the temporary(i.e.,not exceeding ninety(90) days)housing of adult persons charged with a criminal offense prior to trial or sentencing and for the housing of adult persons for punishment and correction after sentencing. Facilities, Essential Public: Facilities that are typically difficult to site, as defined in RCW 36.70A.200, such as: airports, state education facilities, state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities,mental health facilities, group homes, and secure community transition facilities. Facilities, Secure Community Transition(SCTF): A residential facility,with no less than three beds, for persons civilly committed and conditionally released to a less restrictive alternative under RCW 71.09. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. 18.02.200 Definitions—R. Risk Potential Activities/Facilities: Public and private schools, school bus stops,licensed day care, licensed preschools,public parks,publicly dedicated trails, sports fields,playgrounds,recreational and community centers, churches, synagogues,temples,mosques, and public libraries. 18.02.210 Definitions—S. Screening, Opaque: In various sections of this code, opaque screening is required to minimize visibility to and from particular sites. Opaque screening may include masony walls, solid wood fencing, chainlink fencing with permahedge inserts, chainlink fencing with opaque slates or evergreen plantings. Sight Distance: The ability to visually distinguish or recognize individuals from a site property line. Table 18.04.100-1: Development Review Process and Procedures Matrix Legend: I =Required m =Optional Empty Box=Not Required Process Level 0 Level I Level 2 Level 3 Level 4 Levels Level 6 Responsibility/Roles Elements Project feasibility m m m m m m m Project Leader Planning Department meeting Pre-application m m m I I I I Public Works,Planning,Fire,Building, meeting with staff Optional Parks,Police Departments for Appeal Community " m m I [ I Development Commission host for Levels 3 Conference w/notice ' •' '"" Prelim. ' ' Hearing Examiner host for Level l: Adjacent Owners, 5 Parties of Record, "Plat � -Applicant provides address labels/postage &SCTFs of Adjacent Owners within 300'of site Posted Site"" -Planning Dept.mails notices and posts site Complete Application I I I I I I 1 Permit Center documents"Complete Determination Application" Department Review 1 I I I I I I Circulate to departments and identify Code Concerns and SEPA Potential Significant Impacts Notice of Application I 1 1 1 1 I ii Applicant provides address labels/postage of with public notice to: Only if Only if Optional Adjacent Owners within 300'of site Adjacent Property SEPA SEPA for Owners,Parties ofnon non Appeal Planning Dept.mails notices to Adjacent Record exempt exempt Property Owners and Parties of Record SEPA Threshold 1 I I I I I I SEPA Threshold Determination issued and Determination/ Staff Report prepared. Administration SEPA Determination can be appealed; recommendation however,the appeal hearing occurs with issued public hearing for the Project Permit decision 41110 Public Hearing 1 12 I 1' Opportunity for public input required at a w/notice to:Adjacent Develop. Hearing Develop. PPC/ public hearing Owners,Parties of Comm'n Examiner Comm'n/ City Record,Posted Site, City Council3's Newspaper Council3 Public Meeting I i 14 13 I I I Opportunity for public input optional at a (Notice for Shoreline Shoreline Develop. Hearing City City public meeting,except required at a Subt.Permits only) Permits Comm'n Examiner Council' Council' Shoreline Meeting only Notice of Decision 16 I I I I I I Level 0-3 decision appealable to HE.Level 4 (Notice to Adjacent Dept. Planning Planning Develop. Hearing City City and SEPA decisions appealable to City Owners and Parties- Head' Director/ Director/ Comm'n7 Examiner' Council Council Council(see Ord.2124 re:SEPA appeals) Level 2 only) Mgr7 Mgr? Level 5-6 decisions appealable to King County Superior Court Code Enforcement decisions appealable to Issaquah Municipal Court 1 Contract reclassifications(project rezones)and legislative rezones require: a)Notice of application; b)Full public hearing notice including adjacent property owners,parties of record,posted site,and newspaper Legislative actions including Comprehensive Plan and development regulation amendments,and annexations only require public hearing legal notice in the newspaper,subject to any other applicable local,regional,and state regulations.PPC and DC do not hold public hearings for contract reclassifications(project rezones). ^;Md Al. x k s 8 .e# i r I k' i o45i a. rk wa r 3 ;c t b r a K+e a s a H^ A' appeals do not require advance public notice;a public meeting is held for final plats and closed record appeals. ' City Council holds public hearing for contract reclassifications(project rezones).City Council holds a public hearing on other permits only if required by other applicable local,regional,and state regulations. The Planning Director/Manager shall host a public meeting for public input on Shoreline Substantial Development Permits,shoreline variances,and Shoreline Conditional Use Permits. 5 The Planning Director/Manager may forward a Level 0,1,or 2 Review to a higher level of review.The Development Commission may bear a Level 0,1,or 2 project at a public meeting instead of a public hearing,as determined by the Planning Director/Manager. 6 Decision made byone(1)person depending on thepermit P� g type including,but not limited to:Planning Director/Manager,Building Official,Public Works Director,or Designee.See also Footnote#5. 7 Except for the appeal of a determination of significance,the City shall provide for no more than one(1)consolidated open record hearing on an appeal.If an appeal is provided after the open record hearing,it shall be a closed record appeal. 8 Annexations require PPC review only when proposal does not meet the Comprehensive Plan Potential Annexation Area(PAA)schedule and vision.City Council review of Urban Village Development Agreements and Urban Village rezones shall occur in accordance with the notification and review procedures established in IMC 18.04.650 for legislative rezones and shall include a public hearing by the Planning Policy Commission in accordance with IMC 18.04.650(D)(4). Public meeting only needed for Sign Permit(new,remodel or expansion of business)where decision is made by Development Commission. ate..- Table 18.04.100-2:Levels of Review Level of Review Decision-Maker tPermit Examples4 Level 0 Decision made by one person • Level 0 Permits as listed in Table of Permitted Land Uses depending on the permit type • Building Permit including,but not limited to: • Home Occupations Planning Director/Manager, • Minor Amendments to Approved Proposal(including ASDP) Building Official,Public Works (including the CBD and adjacent CF zones) Consistent w/design Director,or Designee guidelines and Subarea plans • Fences • Mechanical Permits • Minor Clearing,Grading,Filling Actions,Minor Paving and Tree Removal • Nonhabitable or Accessory Structures • Unclassified Use Interpretation • Nonconforming Situations ■ Signs(Refacing,Approved Sign Packages,Other Minor Signs) ■ Signs(New,remodel,or expansion of business)2 ■ Business Licenses and Special Events Permits ■ Reasonable Accommodation • Conversion of Property from Forestry Practice • Others as determined by Planning Director/Manager Level 1 Planning Director/Manager or • Level 1 Administrative Site Development Permits(ASDP)<3 acres Designee and off major streets • Home Occupations • Family Member Cottages and Accessory Dwelling Units • Painting and minor exterior construction in the CBD and adjacent CF zones Not consistent w/design guidelines and Subarea Plans • Clearing,Grading or Filling actions w/critical areas and buffers • Accessory and Temporary Uses • Shoreline Exemption Permits and Shoreline Revision Permits • Lot Line Adjustments • Others as determined by Planning Director/Manager Level 2 Planning Director/Manager • Level 2 Administrative Site Development Permits(ASDP)<3 acres and off major streets ■ Home Occupations • Nonconforming Situations • Minor Utility Facilities • Accessory and Temporary Uses NIS • Administrative Adjustment of Standards(AAS) • Administrative Adjustment of Standards(AAS) • Shoreline Substantial Development Permits,Shoreline Variances, Shoreline Conditional Use Permits • Short Subdivisions(Short Plats) • Minor Amendments to Master Site Plans and Project Rezones ■ Level 0 or 1 Review requiring SEPA review • Others as determined by Planning Director/Manager Level 3 Planning Director/Manager • Level 3 Site Development Permits(SDP) • Level 1 and 2 Administrative Site Development Permits(ASDP)<3 acres and/or on major streets • Major Amendments to approved Site Development Permits • Others as determined by Planning Director/Manager Level 4 Hearing examiner ■ Variances,,' • :appeals to:Level b i 2,and 3 Dectstgns ■ :Prelminary Plats anti Final Plats .Secure Community Transition` acjlities= Level 5 City Council(with • Master Site Plans recommendation from • Major Amendments to Master Site Plans Development Commission) Level 6 City Council(with • Major Amendments to Project Rezones recommendation from Planning • Contract Reclassifications Project Rezones,Legislative Rezones Policy Commission and/or • Comprehensive Plan and Development Regulation Amendments Development Commission) • Annexations' • Urban Village Development Agreements and Urban Village rezones are processed through legislative rezone process 1 Permits for any development in a UV zone are processed through process described in the adopted development agreement for said UV zone in accordance with Ordinance No.2103 as amended. 2 Decision made by Development Commission at public meeting. 3 Annexations require PPC review only when proposal does not meet the Comprehensive Plan Potential Annexation Area (PAA)vision. INS 4 Change of Use applications,see IMC 18.04.100-3:Change of Use Level of Review. Level 4 Review—Appeals,Variances, Preliminary and Final Plats and Secure Community Transition Facilities 18.04.460 Purpose. The following land use actions are reviewed through the Level 4 process which ensures review for consistency with the applicable approval criteria and other Codes. (Ord. 2108 § 4.4.5.1, 1996). 18.04.470 Process and decision. A. Recommendation: Staff shall analyze and make a recommendation to the Hearing Examiner based on the compliance of the proposal with the standards and provisions of this Code, and other uniform codes in effect and administered by the City and applicable jurisdictions. B. Hearing Type—Closed or Open Record: Except for the appeal of a determination of significance as provided in RCW 43.21C.075 (SEPA),the City shall provide for no more than one (1)consolidated open record hearing on such appeal. If an appeal is provided after the open record hearing, it shall be a closed record appeal before the Hearing Examiner.A variance includes an open record public hearing unless otherwise stated in this Code. A final plat is reviewed at a public meeting without the need for an open record public hearing. C. Decision: The decision to approve,approve with conditions or deny the project shall be the responsibility of the Hearing Examiner, and shall be based on the decision criteria,staff report,public comments, and discussion of the issues. (Ord. 2108 §4.4.5.2, 1996). 18.04.480 Approval criteria. Level 4 permits are decided in accordance with the purpose and intent of this chapter,using approval criteria found in this chapter and Chapter 1.32 IMC (Appeals), and other applicable approval criteria. (Ord. 2108 § 4.4.5.3, 1996). 18.04.490 Thresholds—Level 4. The following land use actions are reviewed through the Level 4 process: D. Secure Community Transition Facilities(SCTF): Applications for SCTFs shall be reviewed in accordance with the criteria set forth in Chapter 18.07 IMC(Development and Design Standards). The Hearing Examiner shall hold a public hearing and make the fmal decision. The Hearing Examiner's decision on an SCTF is appealable to the City Council. Level 4 Review—Secure..Community..Trausition••Facilities Project Feasibility Meeting(Optional) Pre-Application Meeting with Staff 41111110 Community Conference hosted:by Hearing Examiner with Public Notice • , INCOMPLETE: Application Submitted;'. Additional Information Requested 28 Days • Complete Application Applicant Submits Determination Additional Information 14 Days \ COMPLETE APPLICATION Project Reviewing SEPA/EnvironmentaI Review Notice of Application Departments Checklist Required''" to Public t-� Comment Period (14 to 30 Days) Additional Information or Revisions Requested Concerns/Comments Compiled Applicant Submits Requested Information • SEPA Determination Determination of Nonsignificance Determination of Significance N Mitigated Determination of Nonsignificance Environmental Impact Statement SEPA Public Comment Period(15 Days)and Notice of Public Hearing Public Hearing with Hearing Examiner Hearing Examiner Decision,including SEPA Determination HEARING.EXAMINER ISSUES THE FINDNGS OF FACT Project Appealed Notice of Decision sent to Parties of Record to City Council (See the Appeals of Hearing Examiner Decisions 'Appeal'Period o£Plannmg.Decsion Flowchart (14 to 21*Days) *21 Day Appeal Period if State or Local Land Use Approval rules of SEPA allow public comment on a Determination of Nonsienifcance Shadow Indicates an Action not Complete included in Maximum Time Period 18.07—REQUIRED DEVELOPMENT AND DESIGN STANDARDS 18.07.105 Essential Public Facilities. A. Purpose and Intent. It is the purpose and intent of this section is to provide a process for identifying and siting various types of essential public facilities as defined in IMC 18.02.080 and as required by RCW 36.70A.200. B. Exemptions. Maintenance,repair or replacement of elements of an existing essential public facility are exempt from the supplemental development standards established herein and from the review procedures established in Chapters 18.03 and 18.04 IMC.However,these proposals are subject to other land use development regulations within the City's adopted regulations, such as the Shoreline Master Program and critical areas regulations. C. Review Required. Essential public facilities are subject to the review procedures identified in the Table of Permitted Land Uses (IMC 18.06.130). D. General Approval Criteria. Essential Public Facilities shall be approved when the following approval criteria are met. 1. Architectural Form and Character. A building which houses all or most of an essential public facility shall be compatible with the architectural form and design of surrounding buildings and in accordance with the standards of IMC 18.07 Appendix 2—the Design Criteria Checklist. 2. Development Standards. All buildings and structures shall conform to the design criteria of the underlying zoning district as established in Section 18.07.360,District Standards Table. 3. Residential Areas. Essential public facilities shall,whenever possible,be located and designed to minimize adverse impacts on nearby residential areas. E. Approval Criteria—State/Regional Transportation Facilities. In addition to the approval criteria established in 18.07.105(D), state and regional transportation facilities are subject to those regulations established in Title 47 of the Revised Code of Washington. F. Approval Criteria—Secure Community Transition Facilities. In addition to the approval criteria established in 18.07.105(D), Secure Community Transition Facilities(SCTF)are subject to those regulations established and enforced by Washington State in the Revised Code of Washington(RCW) 71.09, and must further meet the following approval criteria: 1. At the time of application submittal, the State shall provide a listing of all locations considered for the SCTF and an explanation of why all sites are or are not appropriate. 2. Facility Size. The maximum size of any SCTF is fifteen(15)beds. The number of beds within a facility, after the facility is operating, shall not increase without going through the Level 4 process. 3. Screening. The entire site devoted to the SCTF shall be screened year round with Opaque Screening no less than six feet in height from grade. When evergreen_plantings are used,the plantings must be six feet from grade at the time of planting and must be maintained by the property owner. 4. Operating Procedures. Pursuant to ESSB 6594, Section 16,the state and the City of Issaquah shall enter into a long-term agreement regarding operating procedures of the facility prior to issuance of a Certificate of Occupancy. The agreement may be amended at the request of either the state or the city,when necessary. 5. Location. A SCTF shall not be permitted to locate adjacent to,across the street from or within Sight Distance of Risk Potential Activities/Facilities defined in IMC Section 18.02.200. 6. Application of Separation Requirements to Lawfully Located Secure Community Transition Facility: A Risk Potential Activity/Site defined in IMC 18.02.200 shall not benefit from the separation requirements of this section if the Risk Potential Activity/Facility chooses to located adjacent to, across the street, or in sight distance of a lawfully located and licensed SCTF.A SCTF is lawfully located if it has located within the City in accordance with the requirements of this section. ,4 , ' - i cC :. .' a�^O W` y o rn o UF N rdoa )o '� •U � :-";•;.-::;;;;.'.n i cn • CI) Q' UOwYC.) -i-- M r r I I a) p.-. O AvGi �U 44' �N N N rrn 3 �., N -••� .� N: Nw i ' *tr= .,,,i O :111 14; It • f U Q\N N N f YO,U N till C.) C.) U II p.N *•--� •-� Ut M,O ram 1 .M � U .�N N '-'►-, --4 lt :: OQ.' U a +HNN N .-. y c PO •-" N -� •-�•--- N •-�t1O �-� o7 C.)C tcl'N arjJ U rCN N U ) ..,• d, > 41 4: Ft- .� M - .. 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C/)� ' s0 c P c m ro al bA Ty�EN U N F•, op. 0 � w w w •y� 0y jH6 °, �./) s7 .0 m acd a 5 i OO Ea " t= •'�.. y at :° . N N AO 0 . , ExA 3 0 'vU . o .y4,N '"0 , k N o i y .� • '. N y U :� WU -' Q a-i wc p W a 2 a c b U 'Fw aUV] C/] r/ N O r. QQ i ca UEt: 2o: z A W ti g W^ W � ' au u u u u 3oj •4: -iw: , 8 s .�, � -2 A� :: O TIO ,. , 1 .II W O O a, O1 �C aC/' W s. kv. c,� - NM ' v .�o:� pa oa n UUn' ' v v Co tip .a� o >� •Ar., � s..., . 7C7QUUW W1_ ,,aU Ti HUC�.d1.dUkC 1;d6-11 F'LHIYIYII ib DU'I NU.4I j /.LF eS • KIRKLAND ORDINANCE NO, 3853 AN ORDINANCE OF THE CITY OF KIRKLAND RELATING TO ZONING, PLANNING, AND LAND USE AND AMENDING TITLE 23 OF THE KIRKLAND MUNICPAL CODE;AMENDING PORTIONS OF ORDINANCE 3719 AS AMENDED, THE KIRKLAND ZONING CODE; AND ESTABLISHING A NEW ZONING CODE CHAPTER 78 CREATING A SECURE COMMUNITY TRANSITION FACILITY OVERLAY ZONE TO PROVIDE FOR THE SITING AND OPERATION OF SECURE COMMUNITY TRANSITION FACILITIES (FILE NO. IV 02-32). WHEREAS, the City Council has received from the Kirkland Planning Commission a recommendation to amend certain sections of the text of the Kirkland Zoning Code, Ordinance 3719 as amended, all as set forth In that certain report and recommendation of the Planning Commission dated July 26, 2002 •and bearing Kirkland Department of Planning• and Community Development File No, IV-02-32; and WHEREAS, pursuant to the City of Kirkland's Concurrency Management System, KMC Title 25, this action Is exempt from the concurrency • management process; and WHEREAS, prior to making said recommendation, the Planning Commission, following notice thereof as required by RCW 35A,63,070, on July 25, 2002, held a public hearing on the amendment proposals and considered the comments received at said hearing and • WHEREAS, the Houghton Community Council held a public hearing on July 22, 2002 and recommended approval of the amendments as proposed; and WHEREAS, pursuant to the State Environmental Policies Act there has accompanied the legislative proposal and recommendation through the entire consideration process, a final determination of nonsignificance, including supporting environmental documents, issued by the responsible official pursuant to WAC 197-11340 and WAC 197-11-390; and WHEREAS, in regular public meeting the City Council considered the environmental documents received from the responsible official, together with the report and recommendation of the Planning Commission. NOW, THEREFORE, the City Council of the City of Kirkland do ordain as follows: • Section 1. The following specified sections of the text of Ordinance 3719 as amended, the Kirkland Zoning Ordinance, be and they hereby are amended to read as follows; As set forth in Attachment A which by this reference is incorporated herein. Section 2. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance, including those parts adopted by reference, is for any reason held to be invalid or unconstitutional by any court of competent R1%GTfOK**411101111 Page 1 of 2 AUG.21.20O2 1:23PM PLANNING DEPT N0.499 P.3/6 0-3853 jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. To the extent the subject matter of this ordinance, pursuant to Ordinance 2001, is subject to the disapproval jurisdiction of the Houghton Community Council, this ordinance shall become effective within the Houghton Community Municipal Corporation only upon approval of the Houghton Community Council or the failure of said Community Council to disapprove this ordinance within 60 days of the date of the passage of this ordinance. ' Section 4. Except as provided In Section 3, this ordinance shall be In full force and effect five days from and after its passage by the Kirkland City Council and publication, pursuant to Section 1.08.017 Kirkland Municipal Code, In the summary form attached to the original of this ordinance and by this reference approved by the City Council, as required by law, •Section 5, A complete copy of this ordinance shall be certified by the City Clerk, who shall then forward the certified copy to the King County Department of Assessments. PASSED by majority vote of the Kirkland City Council in regular, open meeting this 6th day of August , 2002. SIGNED IN AUTHENTICATION thereof this 6th day of August , 2002, • lecif Mayor Attest; OItzzt2Z)(22.7._ y Clerk Approved as to Form: /J City Attorney • j earn ad,aa 01170I11e Page 2 of 2 • AUG.21.2002 1:23PM PLANNING DEPT N0.499 P.4i6— — 0-3853 ATTACHMENT A A new definition is hereby added to Chapter 5 KZC, to read as follows: 5,10.826 Secure Community Transition Facility (SCTF) - A facility as defined by RCW 71.09.020, now or as hereafter amended. A new Chapter 78 - Secure Community Transition Facility Overlay Zone is hereby added to the Kirkland Zoning Code, Ordinance 3719, as amended, to read as follows: Sections: 78.05 User Guide 78.10 Intent 78.15 Designation 78.20 Effect-General 78.25 Effect- Uses Allowed 78,30 Effect- Subsequent Modification of Use 78.35 Effect- Standards and Requirements for Secure Community Transition Facilities 78.40 Bonds 78.05 User Guide This chapter establishes areas within the city In which a Secure Community Transition Facility (SCTF) may be located, subject to the procedures and regulations contained herein. These regulations add to and in some cases supersede the other regulations of this code. If you are Interested in operating an SCTF In the city limits or If you wish to participate In the City's decision on a proposed SCTF, you should read this chapter. 78,10 Intent The intent of this chapter Is to provide a mechanism which allows the City and its citizens to participate to the maximum extent possible In proposals by the State of Washington Department of Social and Health Services related to the siting or conduct of SCTF, while complying with the Growth Management Act and State laws mandating local accommodation of SCTF. 78.15 pesignation All properties which meet the following criteria are designated as lying within the SCTF Overlay Zone: 1. The underlying zone in which the property is located does not permit residential use; and 2. No portion of the property is 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" as defined In RCW 71.09.020(7), now or as hereafter amended,which currently includes: a. Public and private schools; b. School bus stops; c. Licensed day care and licensed preschool facilities; d. Public parks, publicly dedicated trails, and sports fields; e, Recreational and community centers; f. Churches, synagogues, temples, and mosques; and � I AUG.21.2002 1 23PM PLANNING DEPT NO.499 P.5/6 --' 0-3853 9, Public libraries, • 78.20 Effect- General Nor Properties within the SCTF Overlay Zone may develop and be used in accordance with the underlying zone, In addition, properties within the SCTF Overlay Zone may be developed and used as an SCTF in accordance with this chapter. To the extent that the provisions in this chapter conflict with any other requirements of this code, the provisions of this chapter govern. Where no conflict exists, the other requirements of this code apply, 78.25 Effect- Uses Allowed The following uses may be permitted in an SCTF Overlay Zone: 1. Any uses that are permitted in the underlying zone. The City will review and decide upon these uses based on the provisions of this code as if the SCTF Overlay Zone did not exist. 2. A Secure Community Transition Facility, The City will review and decide upon the proposed use or activity using Process IIB, described in Chapter 152 KZC, and will approve the use only If tt finds that: a. The SCTF satisfies the standards and requirements for SCTF uses identified in KZC 78,35 below. b. The proposed use satisfies the Process IIB decisional criteria of KZC 152.70.3. 78.30 effect-Subsequent Modification of Use 1, Any use that is permitted In the underlying zone may be modified according to the modification criteria established In the Kirkland Zoning Code for the review process through which the use was originally approved. 2. A proposed modification to an approved SCTF shall be subject to the modification criteria of KZC 152.125.2, provided that any proposed increase in the number of resident beds shall require an entirely new Process IIB application. 78,35 Effect-Standards and Reaytkments for Secure Community Transition Facilities 1. Use and Operation) a. The applicant must demonstrate that the facility meets the definition of Secure Community Transition Facility. b. The SCTF and its operator must have received all necessary permits or approvals from the State of Washington Department of Social and Health Services. c, The applicant must demonstrate compliance with State of Washington Department of Social and Health Services guidelines established pursuant to RCW 71,09.285, now or as hereafter amended. d, The applicant must demonstrate compliance with the requirements of RCW Sections 71,09,285 through 71.09.340 inclusive, now or as hereafter amended. e. Each SCTF may provide a maximum of 6 resident beds, HUV.G1.GbbG 1:G41-71 FlLHNNINV lltF'I NU.4yy F'.b/b 0-3853 • For the purposes of this section, the applicant must demonstrate compliance with the cited guidelines and statutory provisions through a written) description specifically describing the steps taken to satisfy such guidelines or statutory requirements. In the event that compliance with the cited guidelines and statuto rovisions can OCCUr only • during the construction of the SCTF or during its operation,then the applicant shall set forth the specific steps that will be taken to comply with such provisions, and such steps shall be made a condition of the Process IIB approval for the SCTF, 2. Site Development Standards a. Required Yards', Front-20'; Side- 10'each side; Rear- 10'. b. Maximum Lot Coverage: 70%, c. Maximum Structure Height; 30 feet above Average Building Elevation, d. Fencing: The SCTF site shall be enclosed by a solid screening fence, 6' In height, or provide equivalent visual screening. e• Required Landscaping: The requirements of Chapter 95 apply. An SCTF shall satisfy the requirements of Landscape Category A pursuant to KZC 95.10, except that if an SCTF is proposed adjoining a commercial or industrial use or zone, the SCTF must comply with KZC 95.15.20 and 95.25(3) (Buffering Standard 3). The landscape buffers shall be placed between the property line and the solid screening fence. f, .Sfgn Cateaory B, pursuant to Chapter 100 KZC, • 9, Required Parking Spaces: To be determined on a case-by-case basis, pursuant to KZC 105.25, but at least one space per staff person on duty at any one time plus at least one visitor space, 3. Qonditlons a. The City may impose conditions to mitigate any potential adverse impacts of the SCTF on surrounding uses, except that for the requirements specifically addressed in RCW 71,09,285 through 71.09.340 inclusive, now or as hereafter amended, such conditions may not impose restrictions on the SCTF greater than those set forth in the cited statutory provisions. b. The City shall condition any approved SCTF limiting the number of resident beds to that requested in the Process IIB application, Any proposed increase In the number of beds shall require a new Process JIB application. 78.40 actostg, The City may require a bond under Chapter 175 KZC to insure compliance with this chapter or any conditions of approval. CITY OF LAKE S 1'EVENS Page 1 of 3 3I-Z2 CITY OF LAKE STEVENS WASHINGTON ORDINANCE NO. 664 AN ORDINANCE OF THE CITY OF LAKE STEVENS, WASHINGTON, IMPOSING A SIX MONTH MORATORIUM FOR A SIX-MONTH PERIOD ON ACCEPTANCE AND PROCESSING BY THE CITY LAND USE PERMIT APPLICATIONS FOR HOUSING OF SEXUALLY VIOLENT PREDATORS, SUCH AS COMMUNITY TRANSITIONAL HOUSING, COMMUNITY TREATMENT FACILITIES, SECURE RESIDENTIAL TREATMENT HOUSING, AND SIMILAR FACILITIES; AND FOR GROUP HOMES AND INSTITUTIONS WHICH CONFINE CRIMINALS AND THE MENTALLY ILL;CERTAIN DEVELOPMENT ACTIVITIES REQUIRING CONNECTION TO THE CITY'S SEWER SYSTEM, PROVIDING FOR SEVERABILITY, AND ESTABLISHING THAT AN EMERGENCY EXITS WHEREAS, pursuant to the Growth Management Act (GMA), Chapter 36.70A RCW, the City Council has adopted the City of Lake Stevens GMA Comprehensive Plan and Title 14 LSMC, the City of Lake Stevens Land Use Code; and WHEREAS, the GMA provides that the City Council may adopt a moratorium, interim zoning ordinance and interim official control (RCW 36.70A.390); and WHEREAS, a moratorium may be enacted in order to preserve the status quo so that new plans and regulations will not be rendered moot by intervening development; and WHEREAS, on April 15, 2002, the City Council adopted Emergency Ordinance 664, enacting a moratorium pursuant to RCW 36.70A.390; and WHEREAS, the City intends to undertake a code amendment project to bring city codes pertaining to the regulation of social service facilities, including housing for sexually violent predators into compliance with applicable state law during the term of the moratorium; and WHEREAS, GMA mandates that the City commence planning and prepare development regulations that permit the siting of essential public facilities including state and local correctional facilities, substance abuse facilities, mental health facilities, group homes, and secure community transition facilities (RCW 36.70a.200); and WHEREAS, an emergency exists within the City, and a moratorium on acceptance of applications for permits for group homes, institutional care facilities and the housing of sexually violent predators, such as community transitional housing, community treatment facilities, secure residential treatment housing or similar facilities, is necessary for the continued preservation of the public peace, health, and safety of the City and its citizens; and http://www.ci.lake-stevens.wa.us/Planning/On%20Line%20Documents/Ordinances/ord%2... 7/23/2002 CITY OF LAKE STEVENS Page 2 of 3 WHEREAS additional time is now necessary for the completion of reviews, assessments of regulatory alternatives, and development of possible code amendments to bring the city development regulations into compliance with the requirements of RCW 36.70a.200. WHEREAS additional time is now necessary for the completion of reviews, assessments of regulatory alternatives, and development of possible code amendments to provide for a variety of group housing and institutional care land uses to protect the general health, safety and welfare of the community in a manner that is consistent with the City's comprehensive plan, the Federal Fair Housing Act and State regulations for group home facilities; and WHEREAS the City staff estimates that the time necessary for the completion of planning and preparation of code amendments, including the adoption of new requirements, will require at least six months from date of the enactment of this ordinance. THEREFORE, BE IT ORDAINED: Section 1 . The City Council adopts the following findings of fact and conclusions: The foregoing recitals are adopted as findings of fact and conclusions. Section 2. Adoption of Moratorium on Certain Uses. During the term of this moratorium, the City shall not accept any permit applications for: 1 . Housing of sexually violent predators, including, but not necessarily limited to community transitional housing, community treatment facilities and secure residential treatment housing. 2. Homes emphasizing special services, treatment, or supervision including but not necessarily limited to homes for the handicapped or infirm; nursing care, intermediate care homes, special needs child care homes, halfway houses, and drug and alcohol abuse treatment. 3. Institutional confinement facilities including but not necessarily limited to facilities where mentally ill persons are confined and penal and correctional facilities. Section 3. Exemptions. This moratorium shall not apply to facilities in which State or Federal law preempts local zoning regulation. Section 4. Effective date. This ordinance shall take effect immediately upon adoption. http://www.ci.lake-stevens.wa.us/Planning/On%20Line%20Documents/Ordinances/ord%2... 7/23/2002 CITY OF LAKE STEVENS Page 3 of 3 Section 5. Effective Period of Moratorium. This moratorium, as a public emergency measure necessary for the protection of the public health, safety, and welfare, shall be effective immediately and shall continue in effect until October 15, 2001 unless earlier repealed, renewed or modified by the City Council as provided by state law. Section 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. ADOPTED BY THE CITY COUNCIL ON THE 15th DAY OF APRIL 2002, AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THIS 15th DAY OF APRIL 2002. Lynn E. Walty, Mayor ATTEST/AUTHENTICATION: Norma J. Scott, City Clerk APPROVED AS TO FORM: Jeffrey Goodwin, City Attorney °�-- First and Final Reading: Published: Effective Date: April 15, 2002 http://www.ci.lake-stevens.wa.us/Planning/On%20Line%20Documents/Ordinances/ord%2... 7/23/2002 r �.rn�virnrn Ln o\<r oo � �r gvcJgvc>Ca666q �` W O t40v c 5.. '''i 4.) Q'-- ::1 cn E u�J a e O N - d O N O 1....___ _J 4. t d= u 3 c q o O d O.N.. N d 0 '.� E-4 t •C� N EO i0.. O.O•N.d> r 4oO f.i tl tf S'E ZOOS- H PACIFIC 0 NMI L. •® n w s--�p•• •0 o w v cd 3 ag) �x O u z r �� ° G: L7x ~ O0 5 O Zvi z , ~ N 10 O O....., , _ us..., „_O O cd O 2° M OU z, cd egg'„ �. Z O O O� Dcd�.�, O frG� O O O co3 box v +�w +� U�U V� p,ww bAcd �,� " O ,.. �..a _ C� Sir i-4 N o O .I s:w w ,x_ ,_, cc O to= In Q E— I .,, oo .; � cdz� (a /� C) = m rr w cd a„ �" fl O p Vi,+' � " r a `er-Y,ro �''a,4.13 dam," '' i v Z 5 ^ . i.i5i %36c �, c L H h- O�� T� T O�.i X N U cu t vE' �wco'rv �, o0o2U EIAC CU w fO E'.-- . L U=•_U U 4... O.a+ Nam_ Li ���///"' O O'U X c O�d d O w N .,. U,v U Z O o o.'C h•p.7'E U=N C y-+ 0 fop+'co E V' c U—C O.›n,- C I- fO d N U U E c To ,•, » �v =, Tot ��+c y E o a O -A ro ` M u O‘ O U N 0 N.E. of Seneca Place N.W. and :-k and arrested the man on the assault boys, and on suspicion of interfer- cities — that would create area anyway. t four ing with domestic violence Hearing buffer areas between risk- The intensity of Monday er was reporting. potential areas, such as night's public hearing in • CONTINUED FROM Al schools and day cares, and a front of the City Council sex-offender facility. City peaked as Lori Wrisley managed facility that will planners have listed two detailed how her life or- onally, enjoyed country music, TV, house as many as 15 dan- industrial areas near the ever altered by a sing ex- States and mail order catalogs. gerous sex predators who West Valley Highway as ual predator. Wrisley said She was preceded in death will be released from the potential sites for a sex- she can't fathom why the y April by her husband, John M. Special Commitment Center, offender facility. legal system is working so gradu- Anderson; brother Bob on McNeil Island. Residents voice concerns hard to protect the rights of city of Andraska; and sisters Doris Monday night, emotional sex offenders. iool in Bierman and Barbara Milonas. residents in Pacific — ultra Still, some residents are "They should never be nto the She is survived by her brother sensitive to the issue after concerned not all of the at- released," Wrisley said. i988. Clyde Andraska, and sister fending off the federal goy- risk facilities have been iden- "They say they've done their private Mary Jo Littlefield. ernment's proposal for an tified in the proposed ordi- time.That is crap. I'm doing Renton A graveside service will be INS detention facility in the nance — specifically, Terry life, and some victims have retir- held at 2 p.m. Friday at last decade — threatened to Home, a home for people no life, yet the rapists say nberof Bonney-Watson Washington move out of the city or have with brain injuries at 138 they've done their time." Renton Memorial in SeaTac. city council members and Third Ave. S.W. Wrisley also said she ie King ' Memorials may be made to state rep r e s en tat i v e s "That's wrong," said wants the facility located in a and a t h e Am e r i c a n H e art removed from office if the Jamie Daniels, administrator place "where we won't be f t h e Association. sex-offender facility comes at Terry Home. "We have a the prey to these animals." tdren's to their town. lot of clients with judgment "We feel like we don't njoyed Rebecca L.Jung "My 6-year-old son wants impairments and some of matter because we're not e at the Rebecca Lynn"Becky"Jung to take karate lessons,"said them make very bad deci- Bellevue,"said Wrisley,who i Hood of Auburn died Aug. 19,•2002, a Pacific woman who was sions. I would say they are had delivered 500 fliers at North Auburn Rehabilitation visibly upset, "because he's very much at risk." announcing the Monday .s wife, and Health Care Center in scared of sex offenders." Beverly K. Wilson, associ- meeting. s; sons Auburn. She was 43. ' ate superintendent for corn- State Rep. Sarah Casada 1, Brian Born June 8, 1959, in September deadline looms munity programs for DSHS, R-South Hill, was on hanc Hall of Renton, she lived most of her The state — under heavy said local jurisdictions do . for the meeting and said shE Ord Hall life in Auburn. pressure from the courts and not have the latitude to add is drafting legislation that Donna She is survived by her par- now facing nearly$5 million facilities they feel are at risk would guarantee that the ents, Elroy and Renata Jung that are not on the states facility would be loco` l or of Auburn;grandmother Hilda in penalties for taking too, list - which Terry Home is land already owned hE held. A long to establish transitional friends Jung of Eureka,S.D.;brothers not. state or the county an awa` housing for sex offenders on iursday Steven„Jung of Auburn and the mainland.--hasset'a Sept. However, Wilson said, from densely populate( nter in Stanley Jung of Roy;and sister 1 deadline for the cities and "They can advise us of their areas. She also said sh( Eloy Stone of Federal Way. King County'to have guide concern and we can consider would like to give local juris nade to Inurnment will be at 3 pm. lines in place. it.We also have an interest in dictions more rights in the Lrrastics Monday at Mountain View not siting it in a place where location process. DSHS officials said are vulnerable." "I'm not sure we did al f Mark Cemetery in Auburn. - Tuesday they would like to people Seattle, Arrangements are by Yahn City officials said they had we could on this issue, begin..considering sites and & Son Funeral Home:in scheduling public hearings not discussed whether to Casada said. y Bleitz Auburn. this fall. "It'sjust too bring a proposal regarding early Jamie Swift can bi The Journal publishes the in the game to say where we Terry Home to the state,but ,> said because there are so reached at jamie.swif obituaries of residents of the might site the facility, said many school bus stops near @southcountyjournal.con :iderson circulation area for free. We DSHS spokesman Kelly Terry Home, a facility likely or 253 872 6646. 2002,in accept obituary information Cunningham. wouldn't be placed in the only through funeral homes. Pacific is drafting an ordinance—similar to other 421, k7 Renton in - n , " <>. Renton , ^ = 5 Boeing Isent%44 e� e . � : 1: • N, A:cere sheEyt. 0; `x . ,, of the u t� --Asp �` 4 d. She LASIK Laser Vision Correction "7��k et:,Fy. isp,,I4-0401A -,,,,,,, , , ' , n 42 1-800-325-7483 T •n, Call For Your Free Evaluation , • www.lomaseye.com email: info@lomaseye.com 1 ' .. d ' To Place a Paid ry Brenton Scott Tucker vl (..-..:_i__ , , �,.. fi,,,,.i.,,ti,,,�',y,,,f BEFORE THE SPOKANE COUNTY PLANNING COMMISSION ) A RECOMMENDATION OF APPROVAL TO THE BOARD OF ) COUNTY COMMISSIONERS IN THE MATTER OF ) AMENDING CHAPTERS 14.300, 14.605,14.606, 14.608, 14.609, ) FINDINGS OF FACT 14.610, 14.612, 14.614, 14.616, 14.618, 14.620, 14.622,14.623, 14.624, ) DECISION AND 14.626, 14.628,14.629,14.630, 14.632, 14.634,AND 14.636 OF THE ) RECOMMENDATION ZONING CODE OF SPOKANE COUNTY REGARDING ) SECURE COMMUNITY TRANSITION FACILITY ) ) WHEREAS,pursuant to the provisions of Chapter 36.70 RCW,the Board of County Commissioners of Spokane County,Washington,hereinafter referred to as the"Board,"has created a Planning Commission, hereinafter referred to as the"Commission";and WHEREAS,pursuant to the provisions of Chapter 36.70 RCW,the Board may adopt a zoning ordinance for the unincorporated areas of Spokane County and may amend the same; and WHEREAS,pursuant to the provisions of Chapter 36.70 RCW,the Board has adopted the Zoning Code of Spokane County, Title14 of the Spokane County Code,hereinafter referred to as the "Zoning Code"; and WHEREAS, on March 12, 2002,the Washington State Legislature declared an emergency and passed Engrossed Substitute Senate Bill 6594(ESSB 6594) implementing the recommendations of the Joint Select Committee on the Equitable Distribution of Secure Community Transition Facilities, and on March 21,2002 the Governor signed ESSB 6594; and WHEREAS,pursuant to the provisions of ESSB 6594 Spokane County, along with all planning jurisdictions within the state of Washington,was mandated to amend its development regulations as necessary to provide for the siting of secure community transition facilities as defined in RCW 71.09.020 and consistent with statutory requirements applicable to these facilities; and WHEREAS,pursuant to the provisions of Chapter 36.70 RCW,the Commission is authorized to recommend changes to the Zoning Code to the Board for its review and consideration for adoption; and WHEREAS,pursuant to RCW 36.70A.020,goals are set forth to guide the development and adoption of comprehensive plans and development regulations; and WHEREAS,the Spokane County Comprehensive Plan;hereinafter referred to as the "Comprehensive Plan,"states the following: 1. Goal CF.15 Facilitate the siting of public and private essential public facilities when the unincorporated area is the appropriate location. r 141100 SPOKANE COUNTY PLANNING COMMISSION FINDINGS, DECISION AND RECOMMENDATION 2. Policy CF.15.1 Consider the process for Siting Essential Public Facilities of a Countywide or Statewide nature contained in the Growth Management Essential Public Facilities Technical Committee Report; and WHEREAS,the Division of Planning implemented the following Work Program relating to secure community transition facility: 1. Form an Essential Public Facilities Task Force with planning staff from Spokane County and the cities and towns of Airway Heights,Cheney,Deer Park,Fairfield, Latah,Liberty Lake,Medical Lake,Millwood,Rockford, Spangle, Spokane,and Waverly for coordinating the development of a regional siting process for essential public facilities,and specifically for the secure community transition facility. 2. Draft,circulate for comment,and fmalize for public hearings before Planning Commissions and/or Legislative bodies,including City and Town Councils and the Board of County Commissioners,a regional siting process for essential public facilities, and specifically for the secure community transition facility. 3. Develop an inventory of essential public facilities of statewide,regional, and local significance. 4. Map essential public facilities of statewide,regional, and local significance. 5. Coordinate and/or conduct public workshops and/or public hearings for action by the ,4404 Planning Commissions and/or Legislative bodies,including City and Town Councils and the Board of County Commissioners,relating to recommendation and/or adoption of a regional siting process for essential public facilities and required amendments to Comprehensive Plans to include secure community transition facility as an essential public facility. 6. Draft and adopt development regulations specific to siting a secure community transition facility with specific standards and siting criteria as required by the Department of Social and Health Services in a coordinated manner to ensure consistency among jurisdictions,to provide for compatible land uses, to accommodate equitable distribution of essential public facilities, and to identify appropriate zones, areas or parcels for siting a secure community transition facility; and WHEREAS,the Commission,at its July 25,2002 meeting,recommended amendments to the Comprehensive Plan regarding siting of essential public facilities,including the proposed revision to Policy CF.15.1 and the Spokane County Regional Siting Process for Essential Public Facilities,as more particularly set forth in Attachment"A",attached to its Findings of Fact,Decision, and Recommendation to the Board in the Matter of Amending the Spokane County Comprehensive Plan Policy CF.15.1 relating to Essential Public Facilities; and WHEREAS,the Commission recognizes that the Comprehensive Plan must be implemented with development regulations and that the current development regulations must be updated to be consistent with the Comprehensive Plan,as amended; and Page 2 of 7 SPOKANE COUNTY PLANNING COMMISSION FINDINGS, DECISION AND RECOMMENDATION WHEREAS,pursuant to RCW 36.70A.370,local governments must utilize the process established by RCW 36.70A.370(1)to assure that proposed regulatory or administrative actions do not result in an unconstitutional taking of private property;and WHEREAS,after providing the required public notice,the Commission held public meetings and/or workshops concerning amending the Zoning Code relating to secure community transition facility on April 25,2002,May 16,2002,and June 13,2002;and WHEREAS,the Spokane County Division of Planning prepared an Environmental Checklist for a nonproject action,pursuant to WAC 197-11 and Spokane Environmental Ordinance,County Code Chapter 11.10,and on June 21,2002,a Determination of Nonsignificance was issued; and WHEREAS,after providing fifteen(15)days' public notice,the Commission held a public hearing on July 11,2002,to consider proposed amendments to the Zoning Code relating to secure community transition facility,as more particularly set forth in Attachment"A",attached hereto and incorporated herein by reference; and WHEREAS,after providing the required public notice,the Commission held a public meeting on July 25,2002,to deliberate with respect to the proposed amendments to the Zoning Code relating to secure community transition facility,as more particularly set forth in Attachment"A",attached hereto and incorporated herein by reference; and WHEREAS,the Division of Planning recommends that the proposed amendments to the Zoning Code relating to secure community transition facility,as more particularly set forth in Attachment"A", attached hereto and incorporated herein by reference,be adopted;and WHEREAS,the Commission,at its July 25,2002 meeting,recommended amendments to the Zoning Code relating to secure community transition facility,as more particularly set forth in Attachment "A",attached hereto and incorporated herein,and directed staff to prepare findings consistent with its motion; and WHEREAS,after considering all testimony given at the public hearing,all written correspondence submitted for the record, and all files of record concerning the proposed amendments to the Zoning Code relating to secure community transition facility,and after recognizing compliance with the State Environmental Policy Act(SEPA)procedures,the Commission finds that the best interests of the general public,as well as its health,safety and welfare,will be met by the following: 1. Adoption of the proposed amendments to the Zoning Code relating to secure community transition facility,as more particularly set forth in Attachment"A",attached hereto and incorporated herein by reference; and Page 3 of 7 14000 SPOKANE COUNTY PLANNING COMMISSION FINDINGS, DECISION AND RECOMMENDATION NOW,THEREFORE,BE IT RESOLVED by the Commission that it hereby recommends to the Board the following: 1. Adoption of the proposed amendments to the Zoning Code relating to secure community transition facility,as more particularly set forth in Attachment"A",attached hereto and incorporated herein by reference; and BE IT FURTHER RESOLVED,that the Commission makes as part of these Findings and Decision all files in the Spokane County Public Works Department, Division of Planning, and Planning Commission, along with the transcripts of all public meetings,workshops, and hearings related to this matter and further adopts all recitals herein as findings of fact; and BE IT FURTHER RESOLVED by the Commission that,in making the hereinabove recommendation,the Commission does hereby enter the following Findings of Fact. FINDINGS OF FACT I. , ad Pursuant to the provisions of Chapter 36.70 RCW the Commission has the legal authority to recommend changes to the Zoning Code to the Board for its review and consideration for adoption. II. Pursuant to the provisions of ESSB 6594,including the declaration of an emergency by the Washington State Legislature, Spokane County,along with all planning jurisdictions in the state of Washington,was mandated to amend its development regulations as necessary to provide for the siting of secure community transition facilities as defined in RCW 71.09.020 and consistent with statutory requirements applicable to these facilities. III. The Division of Planning implemented the following Work Program relating to secure community transition facility: 1. Form an Essential Public Facilities Task Force with planning staff from Spokane County and the cities and towns of Airway Heights,Cheney,Deer Park,Fairfield,Latah,Liberty Lake,Medical Lake,Millwood,Rockford, Spangle, Spokane,and Waverly for coordinating the development of a regional siting process for essential public facilities,and specifically for the secure community transition facility. 2. Draft,circulate for comment,and finalize for public hearings before Planning Commissions and/or Legislative bodies,including City and Town Councils and the Board of County Commissioners,a regional siting process for essential public facilities,and specifically for the secure community transition facility. 3. Develop an inventory of essential public facilities of statewide,regional, and local significance. 4. Map essential public facilities of statewide,regional,and local significance. Page 4 of 7 SPOKANE COUNTY PLANNING COMMISSION FINDINGS, DECISION AND RECOMMENDATION 5. Coordinate and/or conduct public workshops and/or public hearings for action by the Planning Commissions and/or Legislative bodies,including City and Town Councils and the Board of County Commissioners,relating to recommendation and/or adoption of a regional siting process for essential public facilities and required amendments to Comprehensive Plans to include secure community transition facility as an essential public facility. 6. Draft and adopt development regulations specific to siting a secure community transition facility with specific standards and siting criteria as required by the Department of Social and Health Services in a coordinated manner to ensure consistency among jurisdictions, to provide for compatible land uses,to accommodate equitable distribution of essential public facilities, and to identify appropriate zones, areas or parcels for siting a secure community transition facility;and IV. After providing the required public notice,the Commission held public meetings and/or workshops concerning amending the Zoning Code relating to secure community transition facility on April 25,2002, May 16,2002,and June 13,2002. V. The Commission concurs with the Determination of Nonsignificance issued by the Spokane County Division of Planning on June 21, 2002,with respect to the proposed amendments to the Zoning Code relating to secure community transition facility,as more particularly set forth in Attachment"A",attached hereto and incorporated herein by reference. VI. After providing fifteen(15)days' public notice,the Commission held a public hearing on July 11, 2002,to consider amending the Zoning Code relating to secure community transition facility,as more particularly set forth in Attachment"A",attached hereto and incorporated herein by reference,as well as other relevant information and testimony. VII. After providing the required public notice,the Commission held a public meeting on July 25,2002, to deliberate with respect to the proposed amendments to the Zoning Code relating to secure community transition facility,as more particularly set forth in Attachment"A",attached hereto and incorporated herein by reference. VIII The Commission,at its July 25,2002 meeting,recommended amendments to the Comprehensive Plan regarding siting of essential public facilities,including the proposed revision to Policy CF.15.1 and the Spokane County Regional Siting Process for Essential Public Facilities,as more particularly set forth in Attachment"A",attached to its Findings of Fact,Decision,and Recommendation to the Board in the Matter of Amending the Spokane County Comprehensive Plan Policy CF.15.1 relating to Essential Public Facilities. IX The Commission considered the recommended amendments to the Comprehensive Plan regarding siting of essential public facilities,including the proposed revision to Policy CF.15.1 and the Spokane County `'�` Page 5 of 7 Now SPOKANE COUNTY PLANNING COMMISSION FINDINGS, DECISION AND RECOMMENDATION Regional Siting Process for Essential Public Facilities, in making this decision,and this decision is consistent with and implements the Comprehensive Plan,as amended. IX The Commission considered the planning goals of the Growth Management Act(RCW 36.70A.020) in making this decision,and the decision supports the goals of the Growth Management Act. X The Commission considered the Countywide Planning Policies for Spokane County(CWPPs)in making this decision,and the decision is consistent with the CWPPs(County Resolutions 94-1719,96-1205, 97-0297,and 97-0937). XI The Commission's decision is consistent with WAC 365-195-725, RCW 36.70A.370 and the Washington State Attorney General's memorandum, State of Washington Attorney General's Recommended Process and Advisory Memorandum for Evaluation of Proposed Regulatory or Administrative Actions to Avoid Unconstitutional Taking of Private Property,March 1995, and does not unconstitutionally infringe upon private property rights. XII 4.00 It is found by the Commission that the best interests of the general public, as well as its health, safety and welfare,will be met by the following: 1. Adoption of the proposed amendments to the Zoning Code relating to secure community transition facility,as more particularly set forth in Attachment"A",attached hereto and incorporated herein by reference. XIII That the execution of this document by the signatures hereon shall be the same as if said signers had placed their signatures on Attachment"A"as required by RCW 36.70.400. Page6of7 4400 SPOKANE COUNTY PLANNING COMMISSION FINDINGS,DECISION AND RECOMMENDATION PASSED AND ADOPTED this 25th day of July 2002. Vote SPOKANE COUNTY PLANNING COMMISSION of Record `454/ _cY ! { Aye B ly ting, Chair �.� Aye T argreaves,Vice Chair Absent William Evans,Member Absent Linde Ha ,Member Aye Pa H hrie Member Aye illiam e,Member Aye Lewis Rumpler,Member ATTEST: Gerry Gemmill Ass' t to CEO,Publi Works Administrator By: �.. Page 7 of 7 City of Spokane - City News Page 1 of 2 z a i x l t i s re i 1 '- Or,“.," Search: City News ;: Go Mae -.7.17.- ,r------- gue, Ar, , , 'dourKy: toile Citrof„ .4 'y r '*•- '''' ;`,10'“-to '-'41 '', 2,, v. -, 7 . S _ 4,144 Welcome to the Lilac City Online! Official Website of the City of Spokane 'Keyword. . :� Home f 't 1. ,, i � f ii Home , Nag City Government City ew Home g A -Mayor -City Council Boards&Comm. .___....v.._....__..." _.. .___..____� Budget Info. Draft Regulations for Siting EPFs, including Monday My SpokaneCity SCTFs August 5, 2002 Calendar Services Directory Contact: Documents p Susanne Croft, Planning Services Municipal Code 2 (509)625-6060 City Charter Departments Visitors On Monday, August 19, the Spokane City Council will hold a public hearing to Employment receive testimony on amendments to the Spokane Municipal Code regarding zoning Links and decision criteria for siting essential public facilities (EPFs), including secure Live online community transition facilities (SCTFs)for civilly committed sexual offenders. The Cit}+ Council hearing will be held during the regular council meeting,which begins at 6:00 p.m. in meetings t i the City Council Chambers, City Hall, 808 West Spokane Falls Blvd. Essential public facilities include those facilities that are typically difficult to site, such "` ' -' as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and in-patient facilities t 1� including substance abuse facilities, mental health facilities, group homes, and *...r secure community transition facilities. Win ds,ews M dja Pia,er Requireda SCTFs are a new type of essential public facility created by state statute specifically for civilly committed sex offenders who have been found by a superior court to be '�' *° ready for conditional release from the Special Commitment Center(SCC)on McNeil ' Island after successfully completing several phases of rehabilitative treatment. The need for this facility stems from a federal court directive that a less restrictive alternative must be available to qualifying sex offenders who have served their 0 Attention: " criminal sentence and have been further detained at the SCC under a civil Get PDF Reader commitment for mental health or other reasons. An SCTF has supervision and security, and either provides or ensures the provision of sex offender treatment services. The program offers 24-hour intensive staffing and line-of-sight supervision by trained escorts when residents leave the facility. Public safety and security criteria, including distance of the SCTF from any risk potential activities or facilities, must be given the greatest weight. Risk potential activities or facilities are defined as public and private schools, school bus stops, licensed day care, licensed preschools, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, and public libraries. The proposed amendments add definitions to the Spokane Municipal Code for essential public facilities, risk potential activities and facilities, and secure community transition facilities. In addition, both essential public facilities and secure community transition facilities are added to the list of uses allowed by special permit in any zone. The location analysis and public input required in the Spokane County Regional Siting Process for Essential Public Facilities will be the primary tool for selecting finalist sites within the county for any type of EPF, including an SCTF. In the event that an essential public facility is actually sited within the City of Spokane, the required special use permit would be issued subject to the conditions outlined in the .. proposed decision criteria. The proposed text amendments have been reviewed under the threshold http://www.spokanecity.org/citynews.asp?TopicID=340 8/20/2002 City of Spokane - City News Page 2 of 2 requirements of the State Environmental Policy Act (SEPA)and a Determination of Non-Significance has been issued. In addition to testifying at the City Council's hearing, the public may comment on the proposed code amendments by writing to the City Council members at 808 West Spokane Falls Blvd., Spokane, WA 99201, or citycouncilmembers@spokanecity.org. Comments will be received until August 19. A copy of the proposed amendments are available from the Planning Services Department office, 2nd floor, City Hall, 808 West Spokane Falls Blvd., Spokane, Washington, weekdays 8:00 a.m. -5:00 p.m. The draft ordinances can also be viewed at www.spokaneplann_i_ng.org, under the heading of"Comprehensive Plan Implementation". For additional information, contact Susanne Croft, in the Planning Services Department at(509)625-6967. • Draft Amendments to.._the SMC regarding_the_process_for Siting EPFs • Draft Amendments to the SMC regarding the process for Siting SCTFs E Other News: • One Spokane Announces Upcoming Event September 4, 2002 • Teen Advisory Council Positions Open • Noce .of Road Closure for Aubrey_L. White Parkway • Help for Vintage.._Houses - Renovator's Fair 2002 • Spokane Arts Commission Announces Visual Arts Tour Friday, October 4th • City'sCable Television Station and Web Site..ill Play One Spokane Keynote Address • Council Member Greene to Host"Council Connection" • Municipal Outdoor Swimming Pools Open For Summer Swimming June 17 -August 23,2002 SpokaneCity Home Calendar Services Departments Visitors Employment Links City of Spokane,808 W.Spokane Falls Blvd.Spokane,WA 99201.By using this site you agree to the disclaimer and site info. Comments or suggestions concerning this site please visit the feedback page. http://www.spokanecity.org/citynews.asp?TopicID=340 8/20/2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,AMENDING VARIOUS TUKWILA MUNICIPAL CODE SECTIONS RELATING TO ZONING AND PERMITTING FOR SECURE COMMUNITY TRANSITION FACILITIES FOR SEXUALLY VIOLENT PREDATORS;PROVIDING FOR SEVERABILITY;AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the City of Tukwila desires to implement Engrossed Substitute Senate Bill 6594 which incorporates the recommendations of the Joint Select Committee on the equitable distribution of secure community transition facilities;and WHEREAS, the City of Tukwila desires to implement RCW 36.70A.200 related to essential public facilities by recognizing the City's obligation to make provision for such facilities,while regulating the location of secure community transition facilities so as to allow them in a manner intended to mitigate their potential impacts and provide for their proper and safe operation;and WHEREAS, the City of Tukwila desires to implement RCW 71.09.285, which requires the City to consider the policy guidelines adopted by Department of Social and Health Services when providing for siting of secure community transition facilities; WHEREAS, the City of Tukwila desires to avoid location of secure community transition facilities on isolated "island" parcels that are totally encircled by parcels that are ineligible for location of such facilities due to incompatibility with the surrounding areas; WHEREAS, the City of Tukwila has reviewed the siting criteria and has determined that there are potential sites in the City which meet the siting criteria;and WHEREAS, the Council of the Whole took public testimony at the public hearing held on August 5,2002 and the Planning Commission held a public hearing on June 27, 2002; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. Ordinance 1974, §14, as codified at TMC 18.06.178, is amended as follows: 18.06.178 Correctional institution. "Correctional institution" means: public and private facilities providing for: 1. the confinement of adult offenders;or 2. the incarceration, confinement or detention of individuals arrested for or convicted of crimes whose freedom is partially or completely restricted other than a jail owned and operated by the City of Tukwila;or Secure Community Transition Facility.doc 1 3. the confinement of persons undergoing treatment for drug or alcohol addictions whose freedom is partially or completely restricted;or 4. transitional housing, such as halfway houses, for offenders who are required '" to live in such facilities as a condition of sentence or release from a correctional facility, except secure community transitional facilities as defined under RCW - 71,09.020. Section 2. A new definition is hereby added to TMC Chapter 18.06 as follows: 18.06.706 Secure Community Transitional Facility. "Secure community transitional facility" means a secure community transitional facility as defined under RCW 71.09.020, which defines it as "a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services.Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by the DSHS secretary or under contract with the secretary." Section 3. Ordinance Nos.1976 §48,1856 §33, and 1758, §1 (part), as codified at TMC 18.26.050,are amended as follows: 18.26.050 Unclassified uses. The following uses may be allowed within the Regional Commercial Mixed Use district, subject to the requirements, procedures and conditions established by TMC 18.66. 1. Conversions of rental multi-family structures to condominiums or owner- occupied multi-family housing, but excluding the construction of new condominium or owner-occupied multi-family housing. 2. Essential public facilities, except those uses specifically listed separately as in any of the districts established by this title. 3. Hydroelectric and private utility power generating plants. 4. Landfills and excavations which the responsible official,acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 5. Mass transit facilities. Section 4. Ordinance Nos. 1976 §51,1865 §35, and 1758, §1 (part), as codified at TMC 18.28.050,are amended as follows: 18.28.050 Unclassified uses. The following uses may be allowed within the Tukwila Urban Center district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. Ned 1. Airports,landing fields and heliports(except emergency sites). Secure Community Transition Facility.doc 2 2. Conversions of rental multi-family structures to condominiums or owner- occupied multi-family housing, but excluding the construction of new condominium or owner-occupied multi-family housing. 3. Essential public facilities, except those uses specificallylisted separately as permitted or conditionally permitted in any of the districts established by this title. 4. Hydroelectric and private utility power generating plants. 5. Landfills and excavations which the responsible official,acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Mass transit facilities. Section 5. Ordinance Nos. 1976 §53 and 1758, §1 (part), as codified at TMC 18.30.050,are amended as follows: 18.30.050 Unclassified uses. The following uses may be allowed within the Commercial Light Industrial district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports,landing fields and heliports(except emergency sites). 2. Cement manufacturing. 3. Essential public facilities, except those uses specifically listed separately as permitted or conditionally permitted in any of the districts established by this title. 4. Hydroelectric and private utility power generating plants. 5. Landfills and excavations which the responsible official,acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 7. Mass transit facilities. Section 6. Ordinance Nos. 1865 §39 and 1758, §1 (part), as codified at TMC 18.32.050,are amended as follows: 18.32.050 Unclassified uses. The following uses may be allowed within the Light Industrial district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports,landing fields and heliports(except emergency sites). 2. Animal rendering. yaw Secure Community Transition Facility.doc 3 3. Cement manufacturing. 4. Correctional institutions. 5. Essential public facilities, except those uses specifically listed separately as in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official,acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 9. Mass transit facilities. Section 7. Ordinance Nos. 1865 §41 and 1758, §1 (part), as codified at TMC 18.34.050,are amended as follows: 18.34.050 Unclassified uses. The following uses may be allowed within the Heavy Industrial district,subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports,landing fields and heliports(except emergency sites). 2. Cement manufacturing. 3. Correctional institutions. 4. Electrical substation-transmission/switching. 5. Essential public facilities, except those uses specifically listed separately as in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official,acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. Manufacturing, refining, or storing highly volatile noxious or explosive products(less than tank car lots)such as acids,petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 9. Railroad freight or classification yards. 10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. Ned 11. Transfer stations(refuse and garbage)when operated by a public agency. Secure Community Transition Facility.doc 4 12. Mass transit facilities. Section 8. Ordinance Nos. 1865 §43 and 1758, §1 (part), as codified at TMC Nair 18.36.050,are amended as follows: 18.36.050 Unclassified uses. The following uses may be allowed within the Manufacturing Industrial Center/Light Industrial district,subject to the requirements,procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports,landing fields and heliports(except emergency sites). 2. Cement manufacturing. 3. Essential public facilities, except those uses cpecifically listed separately as permitted,or conditionally permitted in any of the districts established by this title. 4. Hydroelectric and private utility power generating plants. 5. Landfills and excavations which the responsible official,acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Railroad freight or classification yards. 7. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 8. Transfer stations(refuse and garbage)when operated by a public agency. 9. Mass transit facilities. Section 9. Ordinance Nos.1976§58,1865§45, and 1758, §1 (part), as codified at TMC 18.38.050,are amended as follows: 18.38.050 Unclassified uses. The following uses may be allowed within the Manufacturing Industrial Center/Heavy Industrial district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports,landing fields and heliports(except emergency sites). 2. Cement manufacturing. 3. Correctional institution. 4. Electrical substation-transmission/switching. 5. Essential public facilities, except those uses specifically listed separately as permitted or conditionally permitted in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. Secure Community Transition Facility.doc 5 7. Landfills and excavations which the responsible official,acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. `+ 8. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots)such as acids,petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 9. Mass transit facilities. 109.Railroad freight or classification yards. 1110. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 12. Secure community transition facility, subject to the following location restrictions: a. No secure community transition facility shall be allowed within the specified distances from the following uses, areas or zones,whether such uses,areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any residential zone. (2) Adjacent to,immediately across a street or parking lot from,or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended that include: (a) Public and private schools; (b) School bus stops; fc) Licensed day care and licensed preschool facilities; (d) Public parks,publicly dedicated trails,and sports fields; (e) Recreational and community centers; (f) Churches,synagogues,temples,and mosques;and (g) Public libraries (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcels that are otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but are completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18-11,_CEligible void parcels for location of secure community transition facilities).Any changes in the development pattern and the location of risk sites/facilities over Secure Community Transition Facility.doc 6 time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. �.• 1344. Transfer stations(refuse and garbage)when operated by a public agency. 12.Mae,c Transit Facilities. Section 10. Ordinance Nos.1976§61,1865§47,and 1758,§1 (part),as codified at TMC 18.40.050,are amended as follows: 18.40.050 Unclassified uses. The following uses may be allowed within the Tukwila Valley South district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports,landing fields and heliports(except emergency sites). 2. Cement manufacturing. 3. Conversions of rental multi-family structures to condominiums or owner- occupied multi-family housing, but excluding the construction of new condominium or owner-occupied multi-family housing. 4. Electrical substation-transmission/ switching. 5. Essential public facilities, except those uses specifically listed separately as permitted,or conditionally permitted in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official,acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. Manufacturing, refining, or storing highly volatile noxious or explosive products(less than tank car lots)such as acids,petroleum products,oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 9. Railroad freight or classification yards. 10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 11. Transfer stations(refuse and garbage)when operated by a public agency. 12. Mass transit facilities. Section 11. Ordinance Nos. 1770 §41 and 1758, §1 (part), as codified at TMC 18.66.040,are amended as follows: 18.66.040 Application requirements. A. Applications for unclassified use permits shall be Type 5 decisions and shall be processed pursuant to TMC 18.108.050. Secure Community Transition Facility.doc 7 B. An unclassified use permit application for a secure community transition facility shall be accompanied by the following: 41100 1. The siting process used for the secure community transition facility,including alternative locations considered. 2. An analysis showing that proper consideration was given to potential sites such that siting of the facility will have no undue impact on any one racial, cultural or socio-economic group, and that there will not be a resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction or region. 3. Documentation demonstrating compliance with Chapter 71.09 RCW for establishing the need for additional secure community transition facility beds and documentation demonstrating compliance with the "equitable distribution"requirements under the same chapter, 4. Proposed mitigation measures including the use of sight-obscuring buffers and other barriers from adjacent uses. At a minimum, the project must provide buffering similar to that required between residential and industrial zones. 5. DSHS must consult with the City's Police Department on the security requirements for both the facility and its residents. A statement from the City's Police Department indicating that the DSHS security and emergency procedures for the facility and its residents comply with the requirements of chapter RCW 71.09 must be included in the Unclassified Use Permit application. A description of the general security and operational requirements shall also be included with the permit application. 6. Proposed operating rules for the facility. 7. A schedule and analysis of all public input solicited or to be solicited during the siting process. Section 12. Ordinance Nos. 1865 §55, 1816 §2, and 1758, §1 (part), as codified at TMC 18.66.060,are amended as follows: 18.66.060 Criteria. The City Council shall be guided by the following criteria in granting an unclassified use permit: 1. Where appropriate and feasible,all facilities shall be undergrounded. 2. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. 3. The proposed use shall meet or exceed the same standards for parking, landscaping,yards and other development regulations that are required in the district it will occupy. 4. The proposed development shall be compatible generally with the surrounding land uses. 5. The proposed development shall to the maximum extent feasible be consistent with and promote the goals, objectives, and policies of the Comprehensive Land Use Policy Plan and applicable adopted area plans. Secure Community Transition Facility.doc 8 6. The proposed unclassified use shall, to the maximum extent feasible,mitigate all significant adverse environmental impacts on public and private properties. Full consideration shall be given to: (a) alternative locations and/or routes that reduce or eliminate adverse impacts;and (b) alternative designs that reduce or eliminate adverse impacts. 7. In the event that a proposed essential public facility of a countywide or statewide nature creates an unavoidable significant adverse environmental or economic impact on the community, compensatory mitigation shall be required. Compensatory mitigation shall include public amenities, incentives or other public benefits which offset otherwise unmitigated adverse impacts of the essential public facility. Where appropriate, compensatory mitigation shall be provided as close to the affected area as possible. 8. For uses in residential areas, applicants shall demonstrate that there is no reasonable nonresidential alternative site for the use. 9. For uses in residential areas, applicants shall demonstrate that the use provides some tangible benefit for the neighborhood. 10. Secure community transition facilities shall be meet the following criteria: (a) No facility shall house more than four persons or the number of persons requested by DSHS after DSHS both demonstrates a need for additional beds in compliance with Chapter 71.09 RCW and it demonstrates compliance with Chapter 71.09 RCW's "equitable distribution" requirements. (b) The facility shall be located in relation to transportation facilities in a manner appropriate to the transportation needs of the secure community transition facility residents. Section 13. Ordinance No. 1834, §8 and 1768 §2 (part), as codified at TMC 18.104.090,is amended as follows: 18.104.090 Notice of Application-Procedure. Notice of Application shall be provided as follows: 1. For all Type 2,3,4 and 5 decisions, and Type 1 decisions which require SEPA review, the Notice of Application shall be mailed by first class mail to the applicant and to departments and agencies with jurisdiction, except that a Notice of Application is not required in the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant to TMC 19.12. 2. For Type 1 decisions and Type 2 decisions which require SEPA review, the Notice of Application shall be provided by posting pursuant to TMC 18.104.110, provided that the Notice of Application for a Type 1 decision involving a single family residence need not be posted but shall be published one time in a newspaper of general circulation in the City. 3. For short plats of 5 through 9 lots and Type 3,4 and 5 applications, the Notice of Application shall be posted pursuant to TMC 18.104.110 and mailed pursuant to TMC 18.104.120. Notice requirements for secure community ,r transition facilities shall be in accordance with RCW 71.09.315 as amended. Secure Community Transition Facility.doc 9 4. For applications which require any Shoreline permit,additional notice shall be provided as required by RCW 90.58. 5. For preliminary plats, additional published notice shall be provided as required by RCW 58.17.090(a). 6. The Director shall have the discretion in unusual circumstances (i.e., lengthy utility corridor or right-of-way construction projects) where posting and mailed notice would be impractical, to require the notice of application to be published in a newspaper of general circulation in the area where the proposal is located,in lieu of posting and mailed notice. Section 14. Ordinance No. 1768 §2 (part), as codified at TMC 18.104.160, is amended as follows: 18.104.160 Hearing Scheduling-Notice of Hearing. A. At least 14 days prior to any public hearings on Type 3, 4 and 5 decisions, open record appeal hearings on Type 2 decisions and closed record appeal hearings on Type 4 decisions, the Department shall issue a Notice of Hearing by mail pursuant to the provisions of TMC 18.104.120.Notice requirements for secure community transition facilities shall be in accordance with RCW 71.09.315 as amended. In addition, at least 14 days before such hearing,the Director shall post the Notice of Hearing on any posted notice board(s) erected pursuant to TMC 18.104.110. Such Notice of Hearing shall include the following information: 1. The file number. 2. The name of the applicant. i 3. A description of the project, the location, a list of the permits included in the application, and the location where the application, the staff report, and any environmental documents or studies can be reviewed. 4. A site plan on 81/2 x 11 inch paper,if applicable. 5. The date,time,place and type of hearing. 6. The phone number of the Department and the name of the staff person who can provide additional information on the application and the hearing. B. The Director shall have the discretion to include additional information in the Notice of Hearing if the Director determines that such information would increase public awareness or understanding of the proposed project. Section 15. Severability. If any section,subsection, paragraph,sentence,clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction,such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 16. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City,and shall take effect and be in full force and effect five(5)days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,WASHINGTON, **1004 at a Regular Meeting thereof this day of ,2002. Secure Community Transition Facility.doc 10 Steven M.Mullet,Mayor ATTEST/AUTHENTICATED: Jane E.Cantu,CMC,City Clerk APPROVED AS TO FORM: 'By Office of the City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. : Secure Community Transition Facility.doc 11 J � City101 ofTukwila �` F ma la y. ; 11y I a .* 2- 6200 Southcenter Boulevard • Tukwila, Washington 98181' ` U L 2 3S M. ullet,Mayor 'i �' ...... ............... ........... ECONOMIC DEVELOPMENT, QQ NEiGHBO?ta 0`u:i •/90v A.fJD-(RFi...-,Lisp,.�..,...i' = NOTICE OF PUBLIC HEARING Notice is hereby given that the Tukwila City Council will hold a public hearing on Monday, August 5, 2002,beginning at 7:00 p.m. in the Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd, Tukwila Washington, to consider the following: An ordinance amending various sections of the zoning code to meet the State Law requirements to allow the siting of secure community transition facilities for sexually violent predators coming out of Special Commitment Center at McNeil Island. The proposal is to allow these facilities in the Manufacturing Industrial Center/Heavy(MIC/H)zone with 1000 feet separation from residential zones and other locational restrictions such as not adjacent to or within line of sight of schools, churches, daycares, libraries etc. There is currently no proposal to locate such a facility in Tukwila. However to meet State Law requirements, all local jurisdictions must amend their codes to allow future location of such facilities. The Department of Social and Health Services is responsible for the final selection of the site and will need City Council approval to locate such a facility in the City of Tukwila. Public notice will be provided in the event an application for location of such a facility is received by the City. You may have received this notice because your property is within half mile of the sites eligible for location of secure community transition facilities. Any and all interested persons are invited to be present to voice approval, disapproval,or opinions on this issue. For those unable to attend the meeting in person, you may submit written testimony to the City Clerk's office until 5:00 p.m. on Monday August 5, 2002. There will also be an informational meeting from 5:30 p.m. to 6:30 p.m. on August 5,2002, in the Council Chambers at Tukwila City Hall where staff will be available to answer your questions.You can also call Minnie Dhaliwal, Senior Planner at 206-431-3685 if you have any questions about this notice or the proposed amendments. The City of Tukwila strives to accommodate people with disabilities. Please contact the City Clerk's office by noon onCA�ugust 5, 2002 if we can be of assistance (206-433-1800 or TDD 206-248-2933). Dated this �la�� day of , 2002. City of Tukwila i Cantu, CMC, City Clerk ... Date of publication: Seattle Times, July 19, 2002 Phone: (206) 433-1800 • City Hall Fax: (206) 433-1833 ,)UL. -15' 02 (MON) 15:40 KENT PLANNING TEL:253 850 2544 P. 007 S .„. ' Neale STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES PO Box 45322•Olympia WA 98504-5322 June 27, 2002 City of Tukwila Planning Commission City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, Washington 98186 RE: Amendments to the Tukwila Municipal Code regarding the siting of Secure Community Transition Facilities Dear Commissioners: Thank you for the opportunity to provide testimony on the proposed amendments to the City of Tukwila's municipal code. We appreciate the City's interest in working with the Department of Social and Health Services (DSHS) to assure that its approach to siting secure community transition facilities (SCTF) meets the requirements of state law, and look forward to continuing to work in partnership with the City to adequately and appropriately address this important need. As you know, RCW 36.70A.200, as amended by ESSB 6594 (Chapter 68, Laws of 2002), requires all counties and cities to establish a process and amend development regulations as necessary "to provide for the siting of secure community transition facilities consistent with statutory requirements applicable to these facilities." At a minimum, this means: • The local process and regulations must not preclude the siting of a SCTF. • The land use regulations must be consistent with, and no more restrictive than, the requirements for siting and operating a SCTF set out in chapter 71.09 RCW. • ESSB 6594 (Chapter 68, Laws of 2002), Sec. 7, states that the requirements set out in RCW 71.09.285 through 71.09.340 are minimum requirements to be applied by DSHS. This does not prevent a city or county from adopting development regulations, as defined in RCW 36.70A.030, unless the proposed regulation imposes requirements more restrictive than those specifically addressed in RCW 71.09.285 through 71.09.340. Regulations that impose requirements more restrictive than those specifically addressed in these sections are void. Nothing in these sections prevents DSHS from adding requirements to enhance public safety. JUL. -15' 02 NON) 15: 40 KENT PLANNING TEL: 253 85U 2544 F. UU8 r Tukwila Planning Commission June 27, 2002 Page 2 • The jurisdiction must consider the effect of"equitable distribution factors" on the siting of a facility as addressed in RCW 71.09,250(8). A written policy or statement that describes how your jurisdiction weighs this requirement against other public safety siting requirements of chapter 71.09 RCW is evidence of your consideration. • The zones or areas that the jurisdiction identifies as appropriate for siting secure community transition facilities must include potential sites that meet the criteria in state law. The jurisdiction has the option of identifying specific sites or parcels that meet the criteria in state law. A potential site means either buildable land or a suitable existing facility that is available for lease or purchase at a reasonable or fair market rate. To meet these requirements, we suggest that a jurisdiction complete sufficient analysis to determine whether or not areas or zones designated as appropriate for siting an SCTF will actually yield potential sites that meet the criteria in chapter 71.09 RCW. At a minimum, this means analyzing risk potential locations and equitable distribution factors. To assist you in this analysis, DSHS developed a Geographic Information System (GIS) that maps the locations of risk potential facilities and activities and provides information on equitable distribution factors. DSHS has provided this GIS data to your .,,fr+' planning staff and will provide updated data as it becomes available. • The local jurisdiction's siting and permitting processes that would be required when DSHS actually sites a facility must be designed to result in a permitted site in a timely manner. This means that the siting process will enable the department to complete construction or renovation of a facility so that it is available for occupancy when needed. A reasonable amount of time to complete local land use permitting process is 180 days from the inception of any local requirements. It is the department's expectation that local jurisdictional permitting processes and regulations (e.g., building permits) for SCTFs will be no more stringent than the requirements for group care facilities. The enclosed letter of June 20, 2002 provides additional information regarding the meaning of these requirements for counties and cities subject to preemption of local land use authority under ESSB 6594. JUL. -15' 02 (MON) 15: 40 KENT PLANNING TEL:253 850 2544 P. 009 Tukwila Planning Commission June 27, 2002 Page 3 Specific Comments DSHS offers the following comments on the City of Tukwila's draft ordinance to amend the City's municipal code for siting secure community transition facilities. Section 9, amending TMC 18.28.050: Manufacturing Industrial Center/Heavy Industrial District: Unclassified uses. Proximity to Residential Zones. The proposed amendment would allow secure community transition facilities in the Manufacturing Industrial Center/Heavy Industrial (MIC/HI) District as an unclassified use, subject to certain location restrictions. Section 18.38.050.12.A (i) specifies that no SCTF shall be allowed within 1,000 feet of any residential zone or use. We have no objection to siting a SCTF in a industrial zone. We question, however, whether the requirement that no SCTF be allowed within 1,000 feet of any residential zone would be so limiting that it could actually preclude the siting. RCW 36,70A.200(5) states that no local comprehensive plan or development regulation may preclude the siting of essential public facilities, including SCTFs. We suggest that the City conduct a thorough geographic analysis before making this requirement to be sure it is not preclusive. Proximity to Any Residential Use. The proposed amendment 18.38.050.12.A.(i) would require that an SCTF must be located at least 1,000 feet from any residential use. State law requires that a SCTF must not be located adjacent to, across the street or parking lot from, or within line of sight of risk potential facilities. The law defines a list of risk potential facilities such as schools, child care centers, and park, but does not require SCTFs to be separated by any specific distance from other residential uses. Therefore, this requirement would be more restrictive than the requirements in state law and would be a basis for preemption. Separation of One Mile From Any Existing Secure Community Transitional Facility or Correctional Facility. It is our understanding that this section of the ordinance implements the city's equitable distribution policy. The proposed amendment 18.38.050.12.A.(iii) requires a one mile separation between an SCTF and any existing SCTF or correctional facility. RCW 71.09.250(8) requires cities and counties to consider equitable distribution in coordinating and deciding upon the siting of secure community transition facilities. RCW 71.09.250(9) defines equitable distribution. Section 1 of the proposed ordinance offers a definition of"correctional institution" but not of"correctional facility." If the use of"correctional facility" is consistent ,�. with the definition of"correctional institution," it is broader that the equitable JUL. -15' 02 (MON) 15. 40 KENT PLANNING TEL: 253 850 2544 P. 010 Tukwila Planning Commission June 27, 2002 Page 4 .4004 distribution requirements in state law. We would have a concern if it includes types of facilities that are not referenced in the state law. Our concern here is whether a separation of one mile limits the area available for siting an SCTF to the extent that siting a facility is precluded. We suggest that the city conduct additional geographic analysis before making this requirement to be sure it is not preclusive. Mitigation Requirements. The criteria for approval of unclassified use permits that are listed in the existing Chapter 18.66 of the existing zoning code include required mitigation of unavoidable significant adverse environmental or economic impacts on the community. ESSB 6594 Section 17 allows DSHS to enter into negotiation for mitigation agreements with cities, counties and educational institutions, subject to availability of funds, and limits those agreements to specific types of costs incurred. Our concern is that this policy could be applied to preclude a secure community transition facility, in violation of RCW 36.70A.200. Section 11, amending TMC 18.66.040: Application Requirements In addition to the Type 5 decision requirements for an unclassified use permit application, pursuant to TMC 18.108.050, the proposed ordinance requires an unclassified use permit application for an SCTF to include the following: Nkoif Analysis of Undue Impacts. The legislature addressed the issue of equitable distribution through the requirements of RCW 71.09.250(8) and 71.09.250(9). In RCW 71.09.250(9)(a), cities are asked to consider equitable distribution in terms of residential beds operated by the department of corrections or the mental health division of DSHS, and the number of level II or III and homeless registered sex offenders. In proposed TMC 18.66.40.2, the City is requiring the application to Include "An analysis showing that utmost consideration was given to potential sites such that siting of the facility will have no undue impact on anyone racial, cultural, or socio- economic group, and that there will not be a resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction, or region." We recognize and support the city's concern. However, since the city is limiting itself to the industrial zoning district for siting SCTFs, and land supply may be limited, we are concerned that this requirement could be used to preclude a facility. Use of Extensive Buffering From Adjoining Uses. One of the siting criteria in state law (RCW 71.09.290) is whether limited visibility between the facility and adjacent properties can be achieved prior to the placement of any resident. Another is the existence of or ability to establish barriers between the site and the risk potential facilities and activities. In siting the facility, DSHS will comply with state law, as well as the setback, landscaping, minimum lot area, and lot coverage requirements for the City's jUL. -15' 02 (MON) 15. 41 DENT PLANNING TEL: 253 850 2544 P. 011 Tukwila Planning Commission June 27, 2002 Page 5 MIC/HI Zoning District. Our concern is with the type of buffering that might be required under the proposed ordinance, and what "extensive" means. Providing a Detailed Security Plan. In regard to the detailed security plan and proposed operating rules, we understand the City's interest in ensuring the safe operation of the proposed SCTF. We also can appreciate that the City needs enough information about the proposed facility to be able to evaluate the application. For security reasons, however, we prefer not to make these documents a part of the public record by including them in the application. We would be happy to provide a general description of the program, how it functions, and how the proposed facility meets the requirements of state law. We believe that an essential component of operating a safe facility is a strong partnership between DSHS and the local law enforcement agency and the local community. ESSB 6594 (Chapter 68, Laws of 2002), Section 16, provides the opportunity for the local jurisdiction where the facility is sited and DSHS to enter into a long-term agreement regarding operating procedures of the facility. We believe that such an agreement, rather than the zoning code, is the best place to memorialize the respective roles and responsibilities of the state and the local government. Security measures for the program can be better handled on an on- going basis through the agreement between the City and DSHS, through the local operational advisory board for the SCTF that would be established under RCW 71.09.320, and through informal working partnerships between DSHS and local law enforcement. To have an effective partnership, we must be able to address issues on an ongoing basis, not just at the time of siting the facility. Section 12, amending TMC 18.66.080: Criteria Maximum number of residents. The City's proposed criterion 18.66.060.10.a. for secure community transition facilities states: "No facility shall house more than three persons, excluding resident staff." As required by RCW 71.09.250(6)(a), DSHS has projected a need for a minimum of 5 beds to a maximum of 15 beds in King County between now and 2007. Our plan is to site one 12-bed facility in King County, which would be built as two six- bed buildings on one site. Determining the size of a SCTF is within the scope of the department's decision-making authority granted by the legislature. Because of the statutory requirements for intensive supervision, security measures, and programming, siting and operating several very small facilities in King County would be cost-prohibitive. Thus, your proposed ordinance limiting the capacity of the facility would be more restrictive than the state law and preclusive. The department would be forced to challenge this requirement is the City were to enact it. On-Site Facilities. The City's proposed criterion 18.66.060.10.c. for secure community transition facilities states: "The facility shall provide on-site dining, JUL. -1 U2 (MUN) 1J: 41 htNI YLA NH'J ltL: L3J 53U L344 Y. UiL Tukwila Planning Commission June 27, 2002 Page 6 on-site laundry or laundry service, and on site recreation facilities to serve the residents." We view this as a program issue, not a land use issue. The legislation specifically gives DSHS authority to make the decisions on security and program. Since SCTFs are residential facilities, all of these services and facilities are part of an SCTF program, and would be included in SCTF building designs. It is unclear to us why the City is considering adding these requirements. If it is an attempt to make these program features part of the ordinance as a security measure for the purpose of keeping the residents confined to the facility, it could be construed as a more restrictive measure than the security measures provided in RCW 71.09.295 through 71.09.315. The purpose of these facilities is to provide the residents a safe, gradual transition back into the community. Again, we appreciate the planning efforts the City is taking to provide for the siting of secure community transition facilities. Thank you for the opportunity to comment on the proposed revisions to the designation and siting process for essential public facilities, If you have any questions concerning our comments, please do not hesitate to contact me at (360) 902-8257 or Elaine Taylor, Land Use Administrator for Secure Community Transition Facilities, at (360) 902-8184. Sincerely, Signed Beverly K. Wilson Associate Superintendent for Community Programs Special Commitment Center Enclosure c: Minnie Dhaliwal, City of Tukwila Holly Gadbaw, DCTED Public Meetings, SCTF FAQs - DDES, King County Washington Page 1 of 4 0 King County Home News Services Comments Search DePartMent Of Development and Environmental Services Proposed Ordinance for Siting Secure Community Transition Facilities (SCTFs): Frequently Asked Questions 1. What is a Secure Community Transition Facility? A Secure Community Transition Facility (SCTF) is housing operated by the State Department of Social and Health Services (DSHS) for sex offenders who are civilly committed. 2. Why does King County have to adopt regulations to allow these facilities? State law (RCW 71.09) requires counties and cities to establish a process and development regulations to provide for siting of SCTFs by September 1, 2002. The state is under a federal court order to provide for these types of facilities throughout the state. 3. How many facilities will be placed in King County? King County must be prepared to provide for the siting of one or more SCTFs to house up to a total of 15 people by 2007. Each facility will house a minimum of 3 people. The facility or facilities can be sited in unincorporated King County and/or within a city located in King County. 4. So, what happens if King County ignores the state law? The State can preempt King County's laws to site a facility if the County chooses not to complete the planning process. Preemption means that the state can supersede the local plans, zoning, and other development regulations for siting SCTFs. 5. Can the State site a SCTF anywhere? No. State law requires DSHS and local governments to consider and address many factors. Key considerations include the distances between the SCTF property and "risk potential activities and facilities" such as child care centers, public and private schools, school bus stops, public parks, churches, synagogues, mosques, and public libraries. The law also requires evaluating a site to determine if: barriers exist or can be installed to shield visibility between the SCTF and adjacent properties; if electronic monitoring services are available to the area; and if there is reasonable access to community services such as treatment, employment, vocational training, etc. 6. How much security is provided at a SCTF? The SCTF requires intensive staffing, close supervision and escorts, and a household security system. In facilities with 6 or fewer residents, the facility must provide a ratio of one staff on duty for each resident during the day and evening hours, and 2 staff on duty for every 3 residents during the night hours. The state law does not specify staffing ratios for facilities housing more that 6 people, but it is anticipated that the ratios would be the same as http://www.metrokc.goviddes/pub_meet_FAQ.htm 8/20/2002 Public Meetings, SCTF FAQs - DDES, King County Washington Page 2 of 4 in the smaller facilities. Unless otherwise ordered by the court, each SCTF resident must be closely supervised (on a 1 to 1 basis) by a trained staff or court-authorized escort when the resident leaves the SCTF premises for any purpose. The staff/escort must remain with the resident for the duration of the outing, even when the resident may be working at a job. The SCTF must have household and perimeter security systems installed that meet specific technical specifications and offer appropriate emergency backup provisions. This includes providing a tamper-proof security panel, emergency electrical supply system, personal panic devices for all staff, staff photo ID badges, etc. Also, the movement of the residents is severely restricted. They are only allowed to leave the premises for specific purposes, as authorized by the court order, and only with prior approval of the resident's assigned community corrections officer, treatment provider, and the SCTF program manager. Unless otherwise ordered by the court, each resident must wear an individual electronic monitoring device. 7. What are the cities in King County doing to comply with the law? Depending on the policy direction of the city's mayor and council, each city in King County may do something different. Some jurisdictions may choose not to establish a process and development regulations and instead face preemption of their laws by the state. Most cities that are choosing to comply with the law are looking to allow SCTFs only in non-residential zones. 8. What is King County proposing to do to comply with the law? The Department of Development and Environmental Services and the Office of Regional Policy Planning have prepared a Public Review Draft Ordinance (106KB.pdf file). This ordinance proposes to amend King County regulations as follows: a. Exclude SCTFs from the King County definition for Community Residential Facilities (CRFs). CRFs, commonly known as "group homes" are allowed as either a permitted or a conditional use in the residential zoning categories. Unless SCTFs are specifically excluded from the definition, they could be considered as a CRF. b. Create a new definition for SCTFs consistent with the definition in state law. c. Allow SCTFs as a conditional use in the Forest zone only. 9. Why is King County proposing this? King County does not believe that these facilities belong in residential zones. This is consistent with the direction of many of the other cities in the ,, County that are planning to comply with the law. During the past decade, much of King County's urban area has been annexed by cities or httn!//www.metroke.gov/ddes/nub meet FAO.htm 8/20/2002 Public Meetings, SCTF FAQs - DDES, King County Washington Page 3 of 4 incorporated as new cities. Therefore, the land area left in the County is predominately residential. There are relatively small pockets of commercial or industrial land remaining in unincorporated King County , but these are all in close proximity to, or mixed in with, residential neighborhoods. Further, the rural area is a residential zone with minimal concentrations of commercial development. This leaves the Forest Production District (FPD) as the remaining logical place to site a SCTF. The FPD is not a residential zone, but many lands can be accessed by major roads, such as 1-90 and Highway 18. 10. How can I be involved in the process? a. Attend the public meeting: Tuesday, July 30, 2002 5:00 - 7:00 p.m. Department of Development and Environmental Services Hearing Room 1 900 Oakesdale Ave. SW Renton, WA For driving directions, click on wwwmetrokc.gov/_ddes/ddesmap.htm. b. Submit comments via e-mail to by August 9th to: compplan@metrokc.gov (please include "SCTF" in the subject line) c. Submit written comments by August 9th to: SCTF Comments Office of Regional Policy and Planning King County Courthouse, Room 402 516 3rd Avenue Seattle, WA 98104 d. For more information, please contact: Karen Wolf, Senior Policy Analyst King County Office of Regional Policy and Planning (206) 205-0704 karen.wolf@metrokc.gov 11. What are the next steps? Following review of the comments received by August 9th, the Executive will send his recommended regulations to the King County Council for their consideration. The Council will provide opportunities for public comment prior to taking any action. Back to top Updated: July 24, 2002 King County I DDES I News I Services I Comments I Search http://www.metrokc.gov/ddes/pub_meet_FAQ.htm 8/20/2002 Public Meetings, SCTF FAQs - DDES, King County Washington Page 4 of 4 Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www.metrokc.gov/ddes/pub meet FAQ.htm 8/20/2002 07/18/02 PUBLIC REVIEW DRAFT Introduced By: Proposed No.: 2002- 1 ORDINANCE NO. 2 AN ORDINANCE relating to zoning;revising the 3 definition for community residential facility, 4 establishing a new land use definition for secure 5 community transition facilities and specifying where 6 these facilities can locate in King County; and 7 amending Ordinance 10870, Section 84, as amended, 8 and K.C.C. 21A.06.220 and Ordinance 10870, Section 9 337, as amended, and K.C.C. 21A.08.100 and 10 Ordinance 10870, Section 625, as amended, and K.C.C. 11 21A.44.040 and adding a new section to K.C.C. chapter 12 21A.06. 13 PREAMBLE: 14 In accordance with RCW 36.70A.200 and RCW 71.09,King County must 15 have in place a process and regulations that do not preclude the siting of a 16 Secure Community Transition Facility or be at risk for preemption of 17 regulations and policies by the State Department of Social and Health 18 Services, effective October 1, 2002. King County finds that a Secure 19 Community Transition Facility would be best located in a remote location. 20 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 21 SECTION 1. Ordinance 10870, Section 84, as amended, and K.C.C. 21A.06.220 are 22 each hereby amended as follows: 23 Community residential facility ("CRF"). Community residential facility ("CRF"): 24 living quarters meeting applicable federal and state standards that function as a single 25 housekeeping unit and provide supportive services, including but not limited to counseling, 26 rehabilitation and medical supervision, excluding drug and alcohol detoxification which is - 1 - 1 classified in Section 21A.08.050 as health services, and excluding Secure Community 2 Tranistion Facilities as defined in R.C.W. 71.09.020 and in this chapter. CRF's are further 3 classified as follows: 4 A. CRF-I --Nine to ten residents and staff; 5 B. CRF-II -- Eleven or more residents and staff. 6 If staffed by nonresident staff, each 24 staff hours per day equals one full-time residing 7 staff member for purposes of subclassifying CRF's. 8 NEW SECTION. SECTION 2. There is hereby added to K.C.C. 21A.06 a new 9 section to read as follows: 10 Secure community transition facilities ("SCTF"). Secure community transition 11 facilities (SCTF): facility for persons civilly committed and conditionally released to a 12 less restrictive alternative in accordance with R.C.W. 71.09. A SCTF has supervision and 13 security, and either provides or ensures the provision of sex offender treatment services. 14 SECTION 3. Ordinance 10870, Section 337, as amended, and K.C.C. 21A.08.100 15 are each hereby amended as follows: - 2 - 1 A. Regional land uses. K E Y RESOURCE RESIDENTIAL COMMERCIAL/INDUSTRIA L P-Permitted Use A F M R 'U R U R NB CBRB 0 I C-Conditional Use G 0 I U RE R E E U OUEU F N S-Special Use Z R R N R B S B S ISMSGSF D OI E E A AE AI GIMIIII U N C S R L Nil. ND H N U N'O N C S EU T A V E BENENEE T L L E N O S ISAS R T T RSTSLS I U I H Y A R A 0 L E L 0 D SIC# SPECIFIC LAND USE A F M RA UR R1- R12- NB CB RB 0 I(15) 8 48 * Jail SS S S S SS * Jail Farm/Camp S S S S * Work Release Facility Sl9 S19 SS S S SS * Public Agency Animal Control S S S S P Facility * Public Agency Training Facility S S3 S3 S3 S3 C4 * Hydroelectric Generation Facility C14 C14 C14 S C14 S S S * Non-hydroelectric Generation C12 C12 C12 C12 C12 S C12 C12 C12 S C12 S C12 S CI P12 S Facility S SSS S S 2 S * Communication Facility C6c P C6c C6c S C6c C6c C6c S P P PP Namur (17) S S S S * Earth Station P6b P C6a C6a S C6a C6a P6b C P P PP C S S S 13 Oil and Gas Extraction S CPS S SS S S SSC * Energy Resource Recovery Facility SSS S SS S S S SS * Soil Recycling Facility S S S C * Landfill S SS S SS S S S SS * Transfer Station S S S S S S S S P * Wastewater Treatment Facility SSSS S S SSC * Municipal Water Production S P13 SS S SS S S S SS S * Airport/Heliport S7 S7 SSSS S SSSS * Transit Bus Base SS S S SSP * School Bus Base C5 C5 S C5 S C5 S S S S S P S20 7948 Racetrack S8 S8 S8 S8 S8 S8 S8 S8 S * Fairground S S S 8422 Zoo/Wildlife Exhibit (2) S9 S9 S S S S S 7941 Stadium/Arena S S 8221-8222 College/University (1) PlO Pl0 P10 P10 P10 P10 P10 P PPP Cll CII Cll C11 C11S S18 S18 S S * Zoo animal breeding facility P16 P16 P16 Secure Community Transition C21 Facilities GENERAL CROSS REFERENCES: Land Use Table Instructions,see K.C.C.21A.08.020 and 21A.02.070; Development Standards,see K.C.C.21A.12 through 21A.30; General Provisions,see K.C.C.21A.32 through 21A.38; Application and Review Procedures,see K.C.C.21A.40 through 21A.44; (*)Definition of this specific land use,see K.C.C.2IA.06. - 3 - 1 B. Development conditions. INS 2 1. Except technical institutions. See vocational schools on general services land 3 use table, K.C.C. 21A.08.050. 4 2. Except arboretum. See K.C.C. 21A.08.040,recreation/cultural land use table. 5 3. Except weapons armories and outdoor shooting ranges. 6 4. Except outdoor shooting range. 7 5. Only in conjunction with an existing or proposed school. 8 6.a. Limited to no more than three satellite dish antennae. 9 b. Limited to one satellite dish antenna. 10 c. Limited to tower consolidations. 11 7. Limited to landing field for aircraft involved in forestry or agricultural 12 practices or for emergency landing sites. 13 8. Except racing of motorized vehicles. 14 9. Limited to wildlife exhibit. 15 10. Only as a reuse of a public school facility subject to K.C.C. chapter 21A.32. 16 11. Only as a reuse of a surplus nonresidential facility subject to K.C.C. chapter 17 21A.32. 18 12. Limited to cogeneration facilities for on-site use only. 19 13. Excluding impoundment of water using a dam. 20 14. Limited to facilities that comply with the following: 21 a. Any new diversion structure shall not: 22 (1) exceed a height of eight feet as measured from the streambed; or - 4 - ... 1 (2) impound more than three surface acres of water at the normal maximum 2 surface level; 3 b. There shall be no active storage; 4 c. The maximum water surface area at any existing dam or diversion shall not be 5 increased; 6 d. An exceedance flow of no greater than fifty percent in mainstream reach shall 7 be maintained; 8 e. Any transmission line shall be limited to a: 9 (1) right-of-way of five miles or less; and 10 (2) capacity of two hundred thirty KV or less; 11 f. Any new,permanent access road shall be limited to five miles or less; and 12 g. The facility shall only be located above any portion of the stream used by 13 anadromous fish. 14 15. For I-zoned sites located outside the urban growth area designated by the 15 King County Comprehensive Plan, uses shown as a conditional or special use in K.C.C. 16 21A.08.100A, except for waste water treatment facilities, shall be prohibited. All other 17 uses, including waste water treatment facilities, shall be subject to the provisions for rural 18 industrial uses in K.C.C. chapter 21A.12. 19 16. The operator of such a facility shall provide verification to the department of 20 natural resources and parks or its successor organization that the facility meets or exceeds 21 the standards of the Animal and Plant Health Inspection Service of the United States 22 Department of Agriculture and the accreditation guidelines of the American Zoo and 23 Aquarium Association. - 5 - 1 17. The following provisions of the table apply only to major communication 2 facilities minor communication facilities shall be reviewed in accordance with the 3 processes and standard outlined in K.C.C. chapter 21A.26. 4 18. Only for facilities related to resource-based research. 5 19. Limited to work release facilities associated with natural resource-based 6 activities. 7 20. Limited to projects which do not require or result in an expansion of sewer 8 service outside the urban growth area, unless a finding is made that no cost-effective 9 alternative technologies are feasible, in which case a tightline sewer sized only to meet the 10 needs of the school bus base and serving only the school bus base may be used. 11 Renovation, expansion, modernization or reconstruction of a school bus base is permitted 12 but shall not require or result in an expansion of sewer service outside the urban growth 13 area,unless a finding is made that no cost-effective alternative technologies are feasible, in 14 which case a tightline sewer sized only to meet the needs of the school bus base. 15 21. Limited to sites that comply with the following: 16 a do not require or result in an expansion of sewer service outside the urban 17 growth area. 18 b. abut or access a public street functioning as an arterial as determined by the 19 Department of Transportation. 20 c. comply with all state regulations regarding the siting of SCTF as specified 21 in RCW 71.09. 22 SECTION 4. Ordinance 10870, Section 625, as amended, and K.C.C. 21A.44.040 23 are each hereby amended as follows: - 6 - 1 2 Conditional use permit. A conditional use permit shall be granted by the county, 3 only if the applicant demonstrates that: 4 A. The conditional use is designed in a manner which is compatible with the 5 character and appearance of an existing, or proposed development in the vicinity of the 6 subject property; 7 B. The location, size and height of buildings, structures, walls and fences, and 8 screening vegetation for the conditional use shall not hinder neighborhood circulation or 9 discourage the permitted development or use of neighboring properties; 10 C. The conditional use is designed in a manner that is compatible with the physical 11 characteristics of the subject property; 12 D. Requested modifications to standards are limited to those which will mitigate 13 impacts in a manner equal to or greater than the standards of this title; 14 E. The conditional use is not in conflict with the health and safety of the 15 community; 16 F. The conditional use is such that pedestrian and vehicular traffic associated with 17 the use will not be hazardous or conflict with existing and anticipated traffic in the 18 neighborhood; (( )) 19 G. The conditional use will be supported by adequate public facilities or services 20 and will not adversely affect public services to the surrounding area or conditions can be 21 established to mitigate adverse impacts on such facilities; and - 7 - 1 H. For siting Secure Community Transition Facilities (SCTF), as defined in 21A.06, 2 a conditional use permit shall be granted by the county, only if the applicant also 3 demonstrates that: 4 1. The facility meets the definition of SCTF., 5 2. The SCTF and the operator of the SCTF have received all necessary permits 6 or approvals from the State of Washington Department of Social and Health Services; and 7 3. The State of Washington Department of Social and Health Services has 8 reviewed the proposed location of the SCTF with Office of the King County Sheriff. 9 - 8 - FOR A FULL COPY OF THE HANDBOOK, LOG ON TO: http://www.csom.org/pubs/managehandbook.pdf CENTER FOR SEX OFFENDER MANAGEMENT A Project of the U.S. Department of Justice, Office of Justice Programs Managing Sex Offenders in the Community: A Handbook to Guide Policymakers and Practitioners through a Planning and Implementation Process April 2002 .4104 CENTER FOR SEX OFFENDER MANAGEMENT A Project of the U.S. Department of Justice, Office of Justice Programs Managing Sex Offenders in the Community: A Handbook to Guide Policymakers and Practitioners through a Planning and Implementation Process This project was supported by Cooperative Agreement#97—WT—VX—K007, awarded by the Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice. ACKNOWLEDGEMENTS 1.0 The final version of this document was authored by Madeline M. Carter, Center for Sex Offender Management(CSOM) Project Director, and Laura Morris, CSOM Research Associate. Earlier versions were authored by Paul Herman, Scott Matson, and Becki Ney, all of CSOM, and served as the foundation for this handbook. CSOM would like to thank Timothy S. Bynum, Ph.D.,William Davidson, Ph.D., and William Woodward for their significant contributions to this work. We also would like to thank Peggy McGarry, Principal of the Center for Effective Public Policy,for permitting us to use some of her work from a manual on criminal justice planning. Some of the narrative in the vision, mission, goals, and objectives sections of this document were borrowed in concept, if not in whole,from her forthcoming manuscript. ABOUT CSOM Established in June 1997, CSOM's goal is to enhance public safety by preventing further victimization through improving the management of adult and juvenile sex offenders who are in the community. A collaborative effort of the Office of Justice Programs,the National Institute of Corrections,the State Justice Institute, and the American Probation and Parole Association, CSOM is administered by the Center for Effective Public Policy. Center for Sex Offender Management c/o Center for Effective Public Policy 8403 Colesville Road, Suite 720 Silver Spring, MD 20910 Tel: (301) 589-9383 Fax: (301)589-3505 Web: www.csom.org TABLE OF CONTENTS SECTION ONE An Introduction to this Handbook and to Sex Offender Management 1 An Overview of the Handbook's Content 1 An Overview of Sex Offenders and Their Management 2 SECTION TWO The Framework of the Planning and Implementation Process 13 The Team: The Core of the Framework 14 The Vision: A Statement of What You Want 21 The Mission: A Statement of What You Will Do 24 SECTION THREE An Overview of the Steps in the Planning and Implementation Process 29 Step One: Understanding Current Practice 38 Step Two: Developing an Understanding of the Field of Sex Offender Management 43 Step Three: Assessing What You Know and Identifying the Gaps in Current Practice 47 Step Four: Developing Goals and Objectives 49 Step Five: Implementing and Monitoring Objectives 52 SECTION FOUR Conclusion:An Ongoing Process of Collecting and Analyzing Information 75 EXHIBITS Exhibit 1: The Planning and Implementation Process 2 Exhibit 2: Definition of"Vision" and an Example of a Vision Statement 24 Exhibit 3: Definition of "Mission" and an Example of a Mission Statement 25 Exhibit 4: An Illustration of the Development of a Data Collection and Analysis Plan 33 Exhibit 5: Example of a System Map 41 Exhibit 6: An Illustration of an Assessment of Policy(Excerpt) 43 Exhibit 7: An Illustration of an Assessment of Informal Practice (Excerpt) 44 `"' ' Exhibit 8: An Illustration of the Development of a Resource Assessment 45 Exhibit 9: Five Products Produced as a Result of Your Baseline Data Collection Efforts 46 Exhibit 10: Definitions and Examples of Goals and Objectives 50 Exhibit 11: An Illustration of the Development of Goals and Objectives 53 Exhibit 12: An Illustration of the Development of a Monitoring Plan 57 Exhibit 13: Sample Implementation Plan Outline 58 Exhibit 14: Ten Questions to Consider Before Implementation: A Readiness Checklist 59 Exhibit 15: Sample Post-Implementation Plan Outline 61 TEAMWORK ACTIVITIES Teamwork Activity 1: Conducting a Stakeholder Analysis 26 Teamwork Activity 2: Developing a Vision Statement 27 Teamwork Activity 3: Developing a Mission Statement 28 Teamwork Activity 4: Developing a Data Collection and Analysis Plan 62 Teamwork Activity 5: Developing a System Map 65 Teamwork Activity 6: Developing an Offender Population Profile 67 Teamwork Activity 7: Gathering Information on Current Policies that Guide Sex Offender Management in Your Jurisdiction 69 Teamwork Activity 8: Gathering Information on Informal Practices that Guide Sex Offender Management in Your Jurisdiction 69 Teamwork Activity 9: Conducting a Resource Assessment 70 Teamwork Activity 10: Conducting a Gaps Analysis 71 Teamwork Activity 11: Developing Goals and Objectives 73 Teamwork Activity 12: Developing a Monitoring Plan 74 APPENDICES Appendix 1: References and Resources 77 Appendix 2: Sample Juvenile Offender Data Collection Instrument 89 Appendix 3: Sample Adult Offender Data Collection Instrument 93 SECTION ONE An Introduction to This Handbook and to Sex Offender Management Although sex offenders account for only a small percentage of the total offender population, probably no other group of offenders evokes as much fear in citizens and concern among policymakers and practitioners. In an effort to protect the public from the threats posed by known sex offenders and to ensure that the most effective management practices possible are in place, communities across the country are working hard to assess and plan improvements in their current approaches to sex offender management. Background This handbook is designed to assist policymakers and practitioners in the process of assessing, and strengthening,their adult and juvenile sex offender management approaches. Initially,this handbook was developed for jurisdictions that applied for and were awarded grants through a competitive program offered by the U.S. Department of Justice, Office of Justice Programs (OJP). However,this handbook describes a planning and implementation process that is applicable to all jurisdictions, regardless of size,the resources available to manage sex offenders,the improvements you seek, or the level of expertise among those involved in the process. An Overview of the Handbook's Content This handbook is divided into four sections. • Section one provides an overview of sex offenders and their management. In addition, it summarizes current research and promising practices that are emerging in communities across the nation.This information will provide a launching point for individuals and jurisdictions just beginning to focus specifically on this offender population and may offer new information or point to additional areas of consideration for those who are more experienced. • Section two describes a framework for engaging in a planning and implementation process.The framework has three central components:the collaborative team,the team's vision, and the team's mission.This section discusses why each element is essential and provides teamwork activities to help you establish your team and create your vision and mission statements. • Section three describes the planning and implementation process. Five significant steps make up this process: developing an understanding of your jurisdiction's 1 current sex offender management practices;developing an understanding of research and emerging practice in the field of sex offender management;assessing the gaps in your current practice; identifying goals and objectives to address the most significant gaps; and implementing changes to meet your goals and monitor the impact of those changes.This section describes in detail each of these steps, provides examples of work products and other illustrative materials, and guides teams through each step with specifically designed teamwork activities. • Section four is the handbook's conclusion. The activities described in this handbook build upon one another and are inter- dependent.They focus on the team that is designated to guide your work,the vision you aspire to reach, and the mission that defines your efforts. These serve as the framework for the conduct of your work. A deliberate process that attends to the collection and analysis of the information that is key to sound decisionmaking,the formulation of a plan to carry out the goals you deem of greatest importance, and the monitoring of their outcome, are equally important. Taken as a whole,this process is likely to produce the more effective sex offender management practices you seek for your jurisdiction. Exhibit 1 depicts the relationship among the processes and activities described in this handbook. An Overview of Sex Offenders and Their Management Despite recent legislative changes and sentencing practices that increase the likelihood and length of incarceration for convicted sex offenders, many of these offenders are supervised in the community.A U.S. Department of Justice study(Greenfeld, 1997) reports that approximately 265,000 adult sex offenders are under the care, custody, or control of correctional agencies in the United States. Of these, almost 60 percent are The Planning and Implementation Process The Framework The Steps xr Team < Understanding current practice F Understanding the field Vision Assessing gaps in practice Identifying goals and objectives Mission Implementing and monitoring M 2 under some form of community supervision. Most offenders who are convicted of one or more sex crimes will be supervised in the community at some point—either immediately following sentencing or after a period of incarceration in jail or prison.These offenders present unique challenges to those agencies responsible for their management. Because of the potentially volatile community responses to sex offenders, and the irrefutable harm that re-offenses would cause potential victims,the management of these offenders—from arrest to incarceration to community supervision—is of critical importance to criminal justice agencies and the public. Sex offenders have a wide variety of racial, ethnic, and socioeconomic backgrounds, and vary significantly in age. While some sex offenders may display behavior and characteristics that are similar to other types of criminal offenders (e.g., a lack of education; unstable employment and residence; drug and alcohol problems that interfere with daily life;frequent altercations with families,friends, and strangers; and an overall resistance to authority figures),the majority of them do not have extensive criminal histories or "traditional" criminal lifestyles.Their victims range from family members to strangers. The use of various technologies and treatment interventions that are unusal, if not unheard of,with other offender populations, and a variety of legislative requirements (such as sex offender registration and community notification), separate these offenders, and how we manage them,from others. The primary objective of this handbook is to provide policymakers and practitioners with guidance as they assess and make plans to enhance the effectiveness of their own sex offender management approaches. Before undertaking this work, developing an understanding of the differences between sex offenders and those who do not commit sexual offenses,the incidence and prevalence of sexual abuse,the differences among those who do sexually offend, and the current state of knowledge and research on this subject, is critically important. The following is an overview of the components of a comprehensive approach to sex offender management. It describes briefly many of the aspects of offender management your team is likely to consider. The Incidence and Prevalence of Sexual Abuse; Etiology; Sex Offender Populations;and Recidivism Sexual abuse is considered to be a widely underreported crime. Because of the intensely personal impact that sexual crimes have on victims, many may be reluctant to report them. Based on analyses of self-report victimization surveys of women in the United States, however, researchers have been able to draw several important conclusions. Most sexual assaults are committed by someone known to the victim or the victim's family, regardless of whether the victim is a child or an adult(Greenfeld, 1997). Approximately 78 forcible rapes of women 18 years of age and older are committed each hour in the United States, and 1 of 6 U.S.women and 1 of 33 U.S. men have experienced an attempted or completed rape as a child and/or adult(Tjaden & Thoennes, 1998).At least one in five girls and one in seven boys have been sexually �,. abused by age 18 (Finkelhor, 1994). Sexual crimes often are perpetrated against youth: 3 The Seattle Times: City Council OKs zoning for home for sex offenders Page 1 of 1 ?i F 3 2 Wednesday,August 21,2002,12:00 a.m.Pacific Permission to reprint or copy this article/photo must be obtained from The Seattle Times. Call 206-464-3113 or e-mail resale@seattletimes.com with your request. City Council OKs zoning for home for sex offenders By Sara Jean Green Seattle Times Eastside bureau A zoning change to allow for a three-bed transitional home for sex offenders was approved by North Bend's City Council last night. The change means the city will meet a state deadline of Sept. 1 under which cities in six Washington counties, including King County, were told to identify possible sites. If cities don't provide the state Department of Social and Health Services with potential sites for sex-offender housing, the agency has the right to choose the locations. North Bend will allow such a home in an area zoned for offices and commercial buildings along Bendigo Boulevard. Interstate 90 is on its southern border; North Bend Way is to the north. City councils in Bellevue,Bothell, Issaquah,Kenmore,Kirkland and Redmond have passed ordinances to allow the facilities in areas zoned for industrial, commercial or office uses. In 1994, a federal-court ruling required the state to provide less-restrictive living arrangements for sex offenders who finished serving criminal sentences and completed treatment programs at the McNeil Island Special Commitment Center for sexual predators in Pierce County. But in 1999, the court found the state in contempt because less-restrictive facilities hadn't been created. Since then, the state has accrued fmancial penalties close to $5 million. Last year,the Legislature amended its 1990 Community Protection Act in order to create transitional facilities for sex offenders. The state Legislature amended the Community Protection Act last year,requiring Clark,King,Kitsap, Snohomish, Spokane and Thurston counties and all their cities to identify areas where sex offenders could be housed. Once the state decides where sex-offender housing facilities will go, there's bound to be public outcry, North Bend City Councilman Ed Carlson said. "We know people are going to freak out ... but we've got to put 'em somewhere," he said. Copyright©2002 The Seattle Times Company Issaquah Press July 10, 2002 Page 1 of 2 'L. F. 37-Z Z s S .I VING Ti COMMUNITYS1 i t PRINT AND SINCE EM, 1996 ONLINE Home Page I Current Issue' City must plan to house sex predators Stacy Goodman Press editor The City Council wants the public heavily involved in planning for the possible location of transitional housing in Issaquah for the state's most violent sex predators. Currently, certain sex predators who have served their criminal sentences are housed at a Special Commitment Center on McNeil Island near Steilacoom. But in an effort to comply with a federal judge's order that halfway houses be provided for offenders who are determined by the court to be ready for less-restrictive alternatives, six counties including King are required to plan for those transitional facilities under the state's Growth Management Act. King County needs to have 15 beds by 2007. If cities or counties want any say in where those facilities are located, each must adopt a process by Sept. 1. "If we do nothing, the state Department of Social Health and Services (DSHS) can come in and put them wherever they want to," said City Councilman Hank Thomas. Violent sex predators referred to McNeil Island have a mental abnormality and are more likely than not to re-offend. They all share a history of violent, sexually motivated offenses against adults or children, or both. State law prohibits any "secure community transition facility" (SCTF) from being located adjacent to or across the street from schools, churches, parks, day cares, libraries or community centers - all high-risk sites. Still,jurisdictions cannot prohibit them outright nor make the criteria for locating a SCTF more restrictive than the state's criteria. The city can,however, establish a process for approving an SCTF and guiding its location. Last week,the council's Land Use Committee talked about restricting SCTFs to the retail corridor - primarily along Gilman Boulevard-to ensure that one wouldn't be located near a residential neighborhood. But that's not ideal either, the council noted, because children often are downtown without their parents, either browsing in stores or hanging out at youth magnets such as Illusionz. Each facility also will need at least three acres and a convenient location, such as being near transit http://www.isspress.com/isspress/back/071002/citymust.htm 7/12/2002 Issaquah Press July 10, 2002 Page 2 of 2 services. With an escort, residents would be allowed off-site to go to the grocery story, attend therapy and work. 41004 The committee has a special meeting next week to finalize its recommendation to the full council on Aug. 5. The development process needs to be adopted by Sept. 1. The council's Land Use Committee has asked for detailed maps related to possible locations throughout the city. That committee also discussed at length the development process for an SCTF. If the DSHS were to propose an SCTF, Thomas said he wants the City Council to make the decision, because elected officials should be held accountable. But Councilman Russell Joe wants the decision to rest with a hearing examiner, because they typically have a law background and are considered to be a neutral,third party. Either way, anticipating a huge public outcry if the DSHS proposed a facility here, Thomas wants citizens involved now. "I want to make sure the public has plenty of time to weigh in and vent," Thomas said. As of April there were 156 violent sex predators housed on McNeil Island, all men, ranging in age from 17 to 76. One youth resides in a specialized program outside the state; one woman is in a special unit at the Washington Corrections Center for Women at Purdy. In addition,there were seven participants in a court-ordered transitional program. Three of them are in a special-needs program, three are in the custody of their families and one is in a new facility on McNeil Island. Only about 3 percent of the approximately 1,000 sex offenders released from prison each year are sent to McNeil Island. The rest are released directly into the community. For more information about the Special Commitment Center at McNeil Island, go to www.wa.gov/doc/miccdescription.htm. http://www.isspress.com/isspress/back/071002/citymust.htm 7/12/2002 Cities gearing up to repel sex offenders Page 1 of 2 Pi- F''. 3 ?ZZ SEATTLE POST-INTELLIGENCER http://seattlepi.nwsource.com/local/79655 kent23.shtml Cities gearing up to repel sex offenders With releases from prison pending, issue of community placement turns urgent Tuesday, July 23, 2002 By JEFFREY M. BARKER SEATTLE POST-INTELLIGENCER REPORTER KENT-- It's not a surprise that nobody wants violent sex offenders in their back yard. But a federal court has ordered the state to put them in someone's neighborhood in a transition program to get those deemed likely to reoffend out of the state's rehabilitation center for sex offenders and back into their communities. And that has cities and counties across the state scrambling to keep planned transitional housing away from neighborhoods. Public hearings have been scheduled throughout the area over the next few weeks. Authorities in Kent and Tukwila last night took up the issue. Those cities, like many in King County, are adopting zoning regulations that would restrict transitional housing to industrial areas. "Obviously, it's not something that communities are welcoming with open arms," said Beverly Wilson, associate superintendent of community programs at the Special Commitment Center on McNeil Island, where more than 160 convicted sex offenders take classes and receive therapy after they have served their prison sentences. "But this is a constitutional issue." Since the center was established in 1991,not one sex offender has been released back into the community. About 30 of the 1,000 sex offenders released from prison each year are deemed too dangerous to re- enter society and are civilly committed to the facility by a Superior Court judge. But not one resident has been granted unconditional release from the center. And because there is no clear path out of the facility, a federal court judge in 1994 likened the treatment to an extended prison stay and called it unlawful. Those in treatment must be allowed the opportunity to graduate to less restrictive surroundings off of McNeil Island, outside the walls of the prison there. The state is looking to establish secure community transition facilities in six counties: Clark, King, Kitsap, Snohomish, Spokane and Thurston. Pierce County is exempt because McNeil Island is within its borders. By 2007, as many as 15 sex offenders could be moved from McNeil Island into King County,DSHS officials estimate. In Snohomish County, three to seven offenders may need housing. And three could be returned to reside in Kitsap County. http://seattlepi.nwsource.com/printer2/index.asp?ploc=t&refer=http://seattlepi.nwsource.co... 7/24/2002 Cities gearing up to repel sex offenders Page 2 of 2 As soon as next year, seven Special Commitment Center residents could be ready for transition into community life. "They're getting to a point where they are ready," Wilson said. NIS Secure Community Transition Facilities will have a minimum of three beds each. Each resident will be paired with a trained staff person--there will never be fewer than two staff members per three residents. They cannot be placed adjacent to, across the street from, or within the line of sight of schools, day-care facilities, parks, bus stops or churches. Cities in South King County fear they will be the immediate choice of where to place one of the transition facilities. In Auburn, planners are working language into the comprehensive plan that would require the state to show it tried to place the facility elsewhere before putting it in the city. "Because of the affordability of the property,we already have a great deal of public facility representation--not to equate the two," said Shirley Aird, a city planner in Auburn. "The proclivity seems to be to build essential public facilities in South King County." So, she has written zoning code amendments that not only restrict sex offender transitional housing to industrial areas but that require the state to show that land values and the city's socioeconomic data didn't command the decision. "The idea is to try to protect the current residents of the city," Aird said. **4010 Tukwila also is planning to restrict sex-offender facilities to a large, somewhat isolated industrial area in northern part of the city. Kitsap and Snohomish counties, and most of the cities within those counties, are not writing their own guidelines, Wilson said. That means that the Department of Social and Health Services will be able to put a facility wherever it sees fit. Federal Way officials took the same approach, "not wanting to make Federal Way a target by doing some of the citing process for the state," Assistant City Manager Derek Matheson said. Industrial areas are OK, Wilson said. "To assume full integration right away would be a mistake," she said, adding that residents would have access to jobs,treatment and social services despite being in a non-residential part of a city. Wilson said low land values will not play into the decision. "Looking for rock-bottom prices in the most overburdened,poorest areas -- that's not what we want to do," Wilson said. ©1998-2002 Seattle Post-Intelligencer *410 http://seattlepi.nwsource.com/printer2/index.asp?ploc=t&refer=http://seattlepi.nwsource.co... 7/24/2002 County OKs predator siting codes/ South Sound-The Olympian Page 1 of 2 L �c3 ? ,2 Print this story I close window x Tuesday,August 20, 2002 South Sound ©2002 The Olympian WOWS "Vt:f r' D 4 3��„E"a.�N re' ; S,tee. :i ,.;° Your Guide To Real Estate•9n T's.c.r.,ton Caun9y 4'Ir, h r s"or J, SEARCH OUR LISTINGS .& SEARCH ALL NILS LISTINGS County OKs predator siting codes Thurston one of six counties told to prepare for sex offenders LORRINE THOMPSON THE OLYMPIAN Wolfe Frustrated by lack of authority over zoning details Thurston County commissioners reluctantly approved new zoning codes Monday that allow transition housing for sex predators to locate in the county. Thurston is among six counties in the state ordered to create such codes by Sept. 1 or risk having state officials build predator housing without county input. "If we do not adopt this by Sept. 1st, the state can preempt us by Oct. 1st," county Planning Manager Fred Knostman told commissioners Monday. The sex predator facility defined by the new code would house up to three people released from the state's Special Commitment Center on McNeil Island. The center confines and treats sex predators judged to be so dangerous, and so likely to attack other victims, that they are held past their original prison sentences so the public can be protected. The state was ordered by a federal court to find transition housing -- within communities -- for those predators who are responding to treatment. Commissioner Diane Oberquell objected to the state's name for the sex predator housing -- "secure community transition facilities." State officials created that name "so they can make the community feel more safe," Oberquell said. "The community is not really being made safe by this." Commissioner Cathy Wolfe said county planners and officials have been frustrated by how little authority they had over details in the zoning code. Knostman, for instance, said county planners had wanted a greater distance between sex predator housing and vulnerable areas such as schools, but the state law would not permit the distance they wanted. "The state felt it would be too restrictive," Knostman said. http://www.theolympian.com/home/news/20020820/southsound/34716 Printer.shtml 8/20/2002 County OKs predator siting codes/ South Sound-The Olympian Page 2 of 2 The new code: - Says preferred locations for sex predator housing include long-term forestry districts, military reservation land in the county, industrial districts and commercial districts. *411110 - Says that sex predator housing cannot be located adjacent to, across a street or parking lot from, or within line of sight of vulnerable activities and sites such as schools, preschools and child-care centers, playgrounds and parks, churches, synagogues, temples and mosques and school bus stops. - Requires applicants who want to build such a facility to sign a contract with the county specifying staffing and security measures. - Requires applicants to submit a security plan and procedures for public notification in case of escape. - Requires an 8-foot fence between the facility and any property boundaries. - Requires a back-up power source for the housing. - Sets minimum staffing at one staff per resident during the day, and two awake staff members for three residents at night. Oberquell "very reluctantly" moved to approve the new code Monday, and Wolfe said, "Very reluctantly, all those in favor?" State corrections officials say they don't yet have any predator housing projects planned or under way. "Until Sept. 1st, we won't know what sites are available," said Mark Seling, superintendent of the Special Commitment Center. He said the federal government has ordered construction of the transition housing, "So yes, we will need to do so." But state legislators still have to appropriate money to build something in one of the six counties -- Thurston, Pierce, King, Snohomish, Kitsap and Spokane. "There is still a lot of decision-making between here and there," Seling said. Lorrine Thompson covers Thurston County and health for The Olympian. She can be reached at 360-754- 5431 or Icthomps@olympia.gannett.com. ©2002 The Olympian Print this story I close window x ar:.car .Y P' ' http://www.theolympian.com/home/news/20020820/southsound/34716 Printer.shtml 8/20/2002 eastsidejournal.com - Cities prepare guidelines to house sex offenders Page 1 of 3 pc- ?, 3 -?.22 I l ° PinesLake Part 7. 7 , . .tigtt trl 10'Ed'coi iate online Local c ` cam , ,�,� rt_....._: _.... ,.. .�z __ _.__.,. ® � i Cities prepare guidelines to house sex offenders S?,,111A mot , ,e, ; . � ` ,, 2002-07-19 by Jamie Swift ` ' Journal Reporter Cities on the Eastside and throughout KingCountyare preparing guidelines for the housing 2 of violent sexualpredators after theyare rleased from the Special Commitment Center on 4 .r� McNeil Island. The state--under pressure from the courts and now facing nearly$5 million in penalties for r ® 'on Health ' taking too long to set up transitional housing for sex offenders--has set a Sept. 1 deadline for King County and its cities to have the regulationsplace. in :':.X0rneilltftS0ithAIN31 Erhart aihmai1 { g ,�� f x x Officials said a 12-to 15-bed facility will be placed in King County--because 41 of the 168 Tr 1!ic `� "�` sex offenders under civil commitment at the Special Commitment Center are from King I+Waiher f ' County,more than any other county. Crossword ' Auburn Planning Director Paul Krauss is concerned one of these facilities--which the state ,., Horosco e'' l refers to as Secure Community Transition Facilities--will be placed somewhere in south � t f ne.com '' King County,as well areas in South Seattle and White Center. �BDIE GQ11i T,' Listiingst ' Krauss said these facilities--such as group homes, and mental health and substance abuse Persorraisi facilities,amongothers--are overrepresented in these areas because the land is cheapand �. �Y,,�5 � p S chlb there is a"perception that low-income communities or communities of color are easier to - , dumpthese things on. ��t' tila#itl_i�lie t Jols "But there's got to be a limit,"Krauss said. "The choice should be made blindly and income should not be a factor,"Krauss said. "I ;- mean,they're not going to put one of these things on Mercer Island." attott DSHS considers many issues Krauss is likely right,said Beverly K.Wilson,associate superintendent for community programs for the state Department of Social and Health Services,which operates the Special Commitment Center.Wilson doesn't foresee a sex-offender facility going up on Mercer Island or in Beaux Arts. "We must consider what's affordable and what's available,"Wilson said. "We'll look at a whole host of issues,including what makes sense.And we'll try not to burden an already burdened community." Officials in Eastside cities also are wrestling with how best to meet the state guidelines. "Given Redmond's situation,we could have the ability to look at some of the commercial http://www.eastsidejournal.com/sited/story/html/99258 7/19/2002 eastsidejournal.com - Cities prepare guidelines to house sex offenders Page 2 of 3 zones"for the facility,said Rob Odle,a policy planning manager in Redmond's Planning Department. Odle said that the city is working to exclude any residential zones from the siting guidelines. The same is true in Bellevue. Kate Berens,a legal planner for Bellevue,said Bellevue is seeking to keep the facility out of residential areas,including mixed-use facilities,the downtown business core,and the smaller neighborhood commercial districts. That won't leave much space within Bellevue itself,and while Berens said the city has not yet figured out which areas would qualify,she said the city can't just create guidelines so stringent that a facility would effectively be zoned out of the city. "I think that we're finding that most jurisdictions are in the same boat,"Berens said. State law sets forth specific siting guidelines and security measures for sex-offender housing,including separation requirements from what are considered"risk potential facilities"such as schools,parks and churches.Local land use regulations can help determine the planning process for these facilities and ensure the highest possible level of protection for residents,DSHS officials said. However,both Auburn's Krauss and Wilson agree that the guidelines the cities and counties draft,for the most part,can be preempted by the state.That's because the Legislature earlier this year expanded the definition of Essential Public Facility to include Secure Community Treatment Facilities for sex offenders. Cities such as Covington and Federal Way have decided to simply not write any regulations. I Still,Federal Way's assistant city manager Derek Matheson said, "There are definite advantages to having the guidelines in place before the deadline." Officials said it is likely the state will stay within"good-faith"and"reasonable"guidelines. Most cities are making progress toward implementing guidelines before September,hopeful the state will live by them. The SCC on McNeil Island The Special Commitment Center on McNeil Island is a total confinement facility designed to provide long-term rehabilitative treatment for sex offenders who have served their prison sentences,but are deemed not ready to re-enter society. "This is a mental health issue,not a criminal issue,"Wilson said. There must be evidence that a sex offender has a mental abnormality and is likely to reoffend before a judge can order him held indefinitely at the Special Commitment Center. Only the most dangerous sex offenders are sent to the Special Commitment Center--about 3 percent of the approximately 1,000 sex offenders released from prison each year. Still,a federal court judge ruled in 1994 that the commitment center must give offenders the opportunity to graduate to"less restrictive"facilities,off of McNeil Island.The decision stemmed from a 1991 civil rights complaint alleging constitutional violations of Special Commitment Center residents. The U.S. Supreme Court in January,in a 7-2 decision,ruled that sex criminals must be *100 treated the same as other people singled out for involuntary commitment. http://www.eastsidejournal.com/sited/story/html/99258 7/19/2002 eastsidejournal.com - Cities prepare guidelines to house sex offenders Page 3 of 3 8 offenders already released Eight offenders have since been placed in less restrictive facilities.Three went home to live with family;three were placed in special needs homes;and two were placed in the state's only current Secure Community Transition Facility for sex offenders,which is on McNeil Island, outside the Special Commitment Center.None have reoffended,Wilson said. However,the 9th U.S. Circuit Court of Appeals found that the state was dragging its feet in regard to establishing less restrictive facilities.In 1999,the court found the state in contempt of court and began fining the state$50 per day per commitment center resident until adequate transitional facilities are established on the mainland. The fmancial penalty is now nearing$5 million and is still accruing.Wilson said she hopes that at the next semiannual court review in December,Judge Barbara Rothstein will find that the state has progressed enough to stop the fines. It won't be'like a jail' Wilson said the Secure Community Transition Facilities won't"be like a jail with a barbed- wire fence." But there will be a high level of security and residents will not be allowed to come and go as they please.Sixteen hours a day there must be one supervisor per resident,Wilson said.The other eight hours there will be two supervisors for every three residents.When an offender goes to work,a supervisor will go with him and stay with him. Wilson realizes there will be a public backlash,but she explains that there are hundreds of sex offenders already living free in Washington state.In Kent,for example,there are 206 registered sex offenders receiving little to no supervision. Journal reporter Chris Winters contributed to this report.Jamie Swift can be reached at 253- 872-6646. Eastside Journal 1705 132nd Avenue N.E. Bellevue, WA 98005-2251 Phone: 425-455-2222 * Fax: 425-635-0602 All materials Copyright©2002 Horvitz Newspapers,Inc. Any questions?See our contact page. http://www.eastsidejournal.com/sited/story/html/99258 7/19/2002