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Ordinance 1767ORDINANCE NO. 1767 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, DEFINING THE TERM GROUP HOME AND AUTHORIZING GROUP HOMES AS A PERMITTED USE IN RM DISTRICTS SUBJECT TO THE GRANT OF A CONDITIONAL USE PERMIT IN MODI- FICATION OF PLANNING COMMISSION RESOLUTION NO. 460. WHEREAS, the City Council of the City of Edmonds, Washington, pursuant to Planning Commission Resolution No. 460, called a public hearing, and having during said hearing determined it to be in the best interests and the public health, safety and welfare to amend the Edmonds Zoning Ordinance as set forth below, in modification of Planning Commission Resolution No. 460, and WHEREAS, it is recognized that group homes may have a sub- stantial impact on the neighborhood where they may be located, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 12.13.110 of the Edmonds City Code is here- by amended by adding a new subsection, (L) to read as follows: "12.13.110 (L) Group Homes subject to the grant of a conditional use permit providing the following addi- tional conditions are met: (1) A "social" or "neighborhood" impact statement that shall address the impact of the location of such a facility in the particular neighbor- hood, shall address the need for such a facility within the city and shall address such other subject matter as shall be required from time to time by the city planner. The city planner is authorized hereunder to establish a list of the subject matters that shall be addressed in any such required statement which, when completed by the applicant, shall be submitted to the city council prior to the hearing on the permit. The city planner is authorized to establish such time requirements for filing by the applicant of such requiredstatement or other documentation prior to the hearing as will provide adequate time for review, circula- tion and distribution of said statement prior to the hearing before the city council. (2) A financial statement shall be submitted to the city planner 30 days prior to the hearing and on or before January 31 of each respective year thereafter. (3) The applicant shall hold a meeting with the neighborhood prior to the time of the hearing on the conditional use permit: (a) The neighborhood shall be defined as all property owners within a radius of 600 feet of the boundaries of the property on which the proposed facility is to be located. (b) The applicant shall hold said meeting not less than 10 days nor more than 60 days prior to the hearing on the condi- tional use permit. (c) The neighborhood meeting notification, specifying the date, time and location of the meeting, will be sent by the Planning Department, utilizing addresses provided by the applicant, with postage costs to be paid by the applicant. The applicant shall certify the list to be complete, true and accurate to the best of his knowledge. (4) A neighborhood representative shall be notified and allowed to attend meetings of the board or governing body of the home in a liaison status; such represen- tative is to be designated by the neighborhood with- in 60 days of the neighborhood meeting or the right shall be deemed waived by the neighborhood. (5) Any other conditions required by the city council to ensure the preservation of the intent of RM zones and protect the neighborhood from a use which is a nuisance, deleterious to the neighborhood or incon- sistent with the purposes of RM classified property within the city. (6) The hearing on the granting or denial of the condi- tional use permit permitted under this section shall be held before the city council and notice of said hearing shall be given in the manner as provided in Chapter 12.16 of the Edmonds City Code. The council when hearing the application shall, in addition to the criteria set forth herein, be governed by the general criteria for the granting of a conditional use permit as set forth in Chapter 12.16 of the Edmonds City Code. (7) Except in the event an applicant wishes to appeal the decision of the city council or in the event any person in the neighborhood desires to appeal the decision of the city council in granting or denying said conditional use permit such appeal must be taken to the Superior Court for Snohomish County within ten (10) days of the date of the decision of the city council in the same manner and form as appeals from decisions of the Board of Adjustment as provided in Chapter 12.16 of the Edmonds City Code. -2- (8) At any time. six (6) months after the granting of a conditional use permit, as provided herein, members of the neighborhood may initiate a hearing before the city council to consider the revocation or modification of the permit if they consider the facility to be deleterious to the neighborhood, a nuisance or inconsistent with the intent of the zoning classification in the neighborhood. This complaint action shall be initiated by a petition signed by not less than ten (10) residents of the neighborhood, no two of which can represent the same property and shall be accompanied by the pay- ment of an administrative fee of Ten Dollars ($10.00). The petition shall explain in detail the condition or conditions which cause the facility to be considered deleterious to the neighborhood or a nuisance or inconsistent with the intent of the zone in which the facility is located. The city council shall set a hearing date and cause notice to be given in accordance with Section 12.16.150 of the Edmonds City Code and to be mailed to the permittee by certified or registered mail at least ten (10) days before the hearing to the address of the permittee contained on the application. At the public hearing called to hear the complain", the permit may be revoked or otherwise modified if the city council finds the use to be a nuisance or deleterious to the neighborhood or inconsistent with the intent of the zone classification in which said facility is located." Section:.2. .Section 12.12.080 of the Edmonds City Code is hereby amended by adding the following definition: "12.12.080 (G) Terms: Group Home -- A facility licensed by the state that operates and maintains a group care facility for dependent children con- sisting of not more than ten (10) persons (including minor children of staff residing on the premises) under the age of 18 years on a 24-hour basis in the licensees personal residence or other suitable facility which meets the requirements for state licensing." Section 3. Section 12.16.070 of the Edmonds City Code, The Table of Conditional Uses, is hereby amended by adding to said table, Group Homes to be permitted in RML and RMH zones. APPROVED: MAYOR ATTEST: CITY CLERK Filed with the City Clerk: February .2'8, 1975 Passed by the City Council: March 25, 1975 Published: April 2, 1975 -3-