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Ordinance 31840006.90000 WSS /gjz 11/12/97 R: 12/ 17 /97gjz ORDINANCE NO. 3184 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 21.30.010 DEFINING "FAMILY" TO INCLUDE APPROPRIATELY STATE LICENSED FOSTER HOMES, SECTION 16.30.010(A)(4) PERMITTED USES, REPEALING AND RE- ENACTING CHAPTER 20.18 GROUP HOMES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Judge Thomas Zilly of the Western District Court of Washington has ruled on a decision involving group home facilities for children in a case involving the City of Bellevue, which emphasizes the need to recognize properly licensed state foster care facilities as family alternatives for children in order to provide them full and reasonable housing alternatives, and WHEREAS, the City Council finds that halfway houses and other facilities in which individuals are incarcerated or reside due to the order of a court against their will and not as residences of their choosing, are not within the ambit of the Fair Housing Act, the Fair Housing Act Amendments and Judge Zilly's ruling, and WHEREAS, the City recognizes the need for group homes to provide a wide range of services to the citizens of this community and has endeavored to provide a place within its zoning framework for each and every such facility, NOW, THEREFORE, 178881 -1- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: follows: Section 1. ECDC Section 20.30.010 Families is hereby amended to read as 21.30.010 Families. A. Family means individuals consisting of two or more persons related by genetics, adoption or marriage, or a group of five or fewer persons who are not related by genetics, adoption or marriage and none of whom are wards of the court unless such wards are related by genetics, adoption, or marriage to all of the members of such group living in a dwelling unit. B. The term "family" shall include: 1. State licensed adult family homes required to be recognized as residential use pursuant to RCW 70.128.180; 2. State licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to exclusion C. below; 3. Group homes for the disabled required to be accommodated as residential uses pursuant to the Fair Housing Act Amendments as the same exists or is hereafter amended. C. The term "family" shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. 178881 -2- Section 2. ECDC 16.30.010 (Uses) (A)(4) relating to permitted primary uses in the RM zone is hereby amended to read as follows: 16.30.010 Uses. A. Permitted Primary Uses. 4. Group Homes for the disabled, foster family homes and state licensed group homes for foster care of minors, provided, however, that halfway houses and group homes licensed for juvenile offenders are not permitted uses in a residential zone of the City. Section 3. ECDC Chapter 20.18 Group Homes is hereby repealed and in its place re- enacted a new chapter 20.18 Group Homes to read as follows: 20.18 Group Homes. 20.18.010 Purpose. The purpose of this chapter is to provide an informational process supplemental to state licensing and regulatory procedures to inform the citizens of residential neighborhoods when group homes are established and operated within their boundaries. 20.18.020 Pre - establishment Operating Plan. A. As a prerequisite to the primary use established by ECDC 16.30.010(A)(4) a group home (facility) shall provide an operating statement to the Director of Community Services thirty days prior to the date on which its plans to commence operations. "Commence operations" shall mean the first day during which it receives a client for residence at the facility. 178881 -3- B. Operating Plan. The operating plan shall include, but is not limited to the following: 1. A complete description of the facilities, its clients, staff and operating structure, its proposed operating conditions and the terms and conditions of any state license required for its operation. 2. A statement regarding how the proposed facility furthers the purposes and guidelines of the county -wide planning policies promulgated by Snohomish County and the Comprehensive Plan of the City of Edmonds. 3. A financial statement and staffing plan for the proposed facility, including but not limited to the manner and method by which clients are referred to, accepted to and /or ordered to take up residence at the facility. 4. The addresses of each funding, licensing or operating entity involved in the operation. 5. City Business License and fire inspection. C. The Director of Community Services shall review the statement for accuracy, completeness and objectivity before releasing it to the public. An informational meeting shall be scheduled twenty days after the Director of Community Services provides written notification to persons residing within 300 feet of the facility of the availability of the statement for review by the public. Such informational meeting shall be held at the convenience of the neighborhood in a location convenient to its residents. D. Information Meeting. The Director of Community Services (or his or her designee) shall conduct the informational meeting with a representative of the group home and the residents of the neighborhood. Notices of the meeting and an 178881 -4- invitation to attend it shall be provided to all entities shown on the operating plan as providing substantial contributions to the group home or licensing its operations. The Director of Community Services shall make every effort to encourage the attendance of such funding and licensing representatives. E. Nothing herein shall be interpreted to prohibit a group home from enjoying its primary permitted use rights vested under the Code. 20.18.030 Complaint Procedures and Facilitated Meeting. A. In the event that the City receives complaints of persons residing at three or more residences located within 300 feet of the facility, the Director of Community Services shall schedule a public meeting under the notice procedures of the preceding section, making every reasonable effort to secure the attendance of those entities shown as licensing and funding the group home under its operating plan. The meeting shall be conducted as a community service by the City to facilitate the understanding of the community regarding the operations of the facility and to provide a convenient forum for members of the neighborhood in which the group home is located to express their concerns regarding its maintenance, upkeep, or operations to the appropriate operating, funding and licensing entities. The City's role shall be to facilitate the sharing of information and nothing herein shall be interpreted as authorization to block the entry of a properly licensed state facility into a neighborhood, provided, however, that halfway houses are not permitted uses in any residential zone of the City and these provisions are not a limitation of the City's other zoning powers with regard to such halfway houses. 20.18.040 Neighborhood Mediation. Operators of group homes and members of neighborhoods are encouraged to utilize the offices 178881 -5- of Snohomish County Neighborhood Dispute Resolution Center in the event that reasonable dialogue between neighbors and facilities cannot resolve the problems inherent in or attendant to their operation. 20.18.050 Civil Enforcement Procedure. Failure to file a Preestablishment Plan as provided in ECDC 20.18.020 shall be a civil violation subject to enforcement pursuant to Chapter 20.110 ECDC. Section 4. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: �/" MAYOR, ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE QTY ATTORNEY: BY FILED WITH THE CITY CLERK: 01/02/98 PASSED BY THE CITY COUNCIL: 01/06/98 PUBLISHED: 01/13/98 EFFECTIVE DATE: 011/18/98 ORDINANCE NO. 3184 178881 -6- SUMMARY OF ORDINANCE NO. 3184 of the City of Edmonds, Washington On the 6th day of January , 199 8 , the City Council of the City of Edmonds, passed Ordinance No. 3184 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 21.30.010 DEFINING "FAMILY" TO INCLUDE APPROPRIATELY STATE LICENSED FOSTER HOMES, SECTION 16.30.010(A)(4) PERMITTED USES, REPEALING AND RE- ENACTING CHAPTER 20.18 GROUP HOMES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 9th day of January , 199 8 "O • l.l�Cl "r-. CITY CLERK, SANDRA S. CHASE RCW 70.128.180 Report to legislature on siting review - -Model ordinance. NOTES: *Reviser's note: RCW 70.128.180 was amended by 1995 c 399 § 196 without reference to its repeal by 1995 1 st sp.s. c 18 § 31. It has been decodified for publication purposes pursuant to RCW 1.12.025. 70.128.180 Report to legislature on siting review -Model ordinance. [1989 c 427 § 41.] Repealed by 1995 1st sp.s. c 18 § 31, effective July 1, 1995. NOTES: Reviser's note: RCW 70.128.180 was amended by 1995 c 399 § 196 without reference to its repeal by 1995 1st sp.s. c 18 § 31. It has been decodified for publication purposes pursuant to RCW 1.12.025. Filed with City Clerk: / 2 � Adopted by Referenc Ordinance # /9 on / 8 Page [ 1 ]csar 2e City Clerk RCW 74.15.180 Designating home or facility as semi - secure facility. The department, pursuant to rules, may enable any licensed foster family home or group care facility to be designated as a semi - secure facility, as defined by RCW 13.32A.030. [1979 c 155 § 84.] NOTES: Effective date -- Severability- -1979 c 155: See notes following RCW 13.04.011. Page [ 1 ] 1/20/98 RCW 74.15.020 Definitions (as amended by 1995 c 302). For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean: (1) "Department" means the state department of social and health services; (2) "Secretary" means the secretary of social and health services; (3) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered: (a) "Group -care facility" means an agency, other than a foster - family home, which is maintained and operated for the care of a group of children on a twenty -four hour basis; (b) "Child- placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption; (c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement; (d) "Child day -care center" means an agency which regularly provides care for a group of children for periods of less than twenty -four hours; (e) "Family day -care provider" means a ((heensed)) child day -care provider who regularly provides child day care for not more than twelve children in the provider's home in the family living quarters; (f) "Foster- family home" means an agency which regularly provides care on a twenty -four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed; (g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036. (4) "Agency" shall not include the following: (a) Persons related ((by 1.'..o or maFriage to the ehild, expeetant mothe 0hor- Parent, de,velopmental disabilities in the following degf-ees- , steppar-ei:A, ete ether; stepsister-, uncle, and; er- fir-st seusi )) to the child, expectant mother, or person with developmental disability in the following ways: (i) Ay blood relative, including those of half - blood, and including first cousins, nephews or nieces, and persons of preceding_ generations as denoted by prefixes of rg and, great, or rg eat- rg eat; (ii) Stepfather, stepmother, stepbrother, and stepsister; (iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law; (iv) Spouses of any persons named in (i), (ii), or (iii) of this subsection (4)(a) even after the marriage is terminated; or (v) "Extended family members," as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle brother or sister, brother -in -law or sister -in -law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty- four -hour basis to an Indian child as defined in 25 U.S.C. Sec 1903(4); Page [ 1 ] 1/20/98 (b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities; (c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where: i The person providing care for periods of less than twenty -four hours does not ((engage in)) conduct such activity on ((a regular- basis, or where)) an ongoing, regularly scheduled basis for the purpose of engaging in business which includes but is not limited to advertising such care; or (ii) the parent and person providing care on a twenty- four -hour basis have agreed to the placement in writing and the state is not providing any payment for the care; tdJ Parents on a mutually cooperative basis exchange care of one another's children((-,-oF per-sons who have the ear-e of an exehange stiadent in their- evift home)); (((d))) (e) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home; (((0)) (f Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day; (((#))) W Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school -age children and do not accept custody of children; ((W)) Lhh•) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities; ((( -))) M Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW; (((i))) (D Licensed physicians or lawyers; (((0)) Ck) Facilities providing care to children for periods of less than twenty -four hours whose parents remain on the premises to participate in activities other than employment; ((N)) (1) Facilities approved and certified under chapter 71A.22 RCW; (((I))) � Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund; (((m))) (n) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child - placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court; (((a))) Lol An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe; (((e))) fp) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter. (5) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency. (6) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards. [1995 c 302 § 3; 1994 c 273 § 21; 1991 c 128 § 14; 1988 c 176 § 912; 1987 c 170 § 12; 1982 c 118 § 5; 1979 c 155 § 83; 1977 ex.s. c 80 § 71; 1967 c 172 § 2.] NOTES: Intent - -1995 c 302: See note following RCW 74.15.010. RCW 74.15.020 Definitions (as amended by 1995 c 311). Page [ 2 ] 1/20/98 For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean: (1) "Department" means the state department of social and health services; (2) "Secretary" means the secretary of social and health services; (3) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered: (a) "Group -care facility" means an agency, other than a foster - family home, which is maintained and operated for the care of a group of children on a twenty -four hour basis; (b) "Child- placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption; (c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement; (d) "Day -care center" means an agency which regularly provides care for a group of children for periods of less than twenty -four hours; (e) "Family day -care provider" means a licensed day -care provider who regularly provides day care for not more than twelve children in the provider's home in the family living quarters; (f) "Foster- family home" means an agency which regularly provides care on a twenty -four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed; (g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036. (4) "Agency" shall not include the following: (a) ((Per -seas .elated blood � .,..,a., e to the , hil o,.tant mother-, per-sons ��. related by vivvu va ii,.uaau�v to �.nv , '•, developmental disabilities in the following degrees! Parent, > > , stepparent, - stepbrother-, - stepsister-, uncle, aunt, aa&or- first -eousi ) Persons related to the child, expectant mother, or person with developmental disabilities in the following ways: (i) Ay blood relative, including those of half blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, reg at, or great-great, (ii) Stepfather, stepmother, stepbrother, and stepsister; (iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law; (iv) Spouses of M persons named in (a ()_i), (ii), or (iii) of this subsection, even if a marriage is terminated; or (v) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother -in -law or sister -in -law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty- four -hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4); (b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities; (c) Persons who care for a neighbor's or friend's child or children, with or without Page [ 3 ] 1/20/98 compensation, where the person does not engage in such activity on a regular basis, or where parents on a mutually cooperative basis exchange care of one another's children, or persons who have the care of an exchange student in their own home; (d) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors; (e) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day; (f) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school -age children and do not accept custody of children; (g) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities; (h) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW; (i) Licensed physicians or lawyers; 0) Facilities providing care to children for periods of less than twenty -four hours whose parents remain on the premises to participate in activities other than employment; (k) Facilities approved and certified under, chapter 71A.22 RCW; (1) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund; (m) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child- placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court; (n) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe; (o) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter. (5) "Requirement" means any rule, regulation or standard of care to be maintained by an agency. [1995 c 311 § 18; 1994 c 273 § 21; 1991 c 128 § 14; 1988 c 176 § 912; 1987 c 170 § 12; 1982 c 118 § 5; 1979 c 155 § 83; 1977 ex.s. c 80 § 71; 1967 c 172 § 2.] NOTES: - Reviser's note: RCW 74.15.020 was amended twice during the 1995 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025. Severability -- Effective date - -1991 c 128: See RCW 19.166.900 and 19.166.901. Severability- -1988 c 176: See RCW 71A.10.900. Severability- -1987 c 170: See note following RCW 13.04.030. Effective date -- Severability- -1979 c 155: See notes following RCW 13.04.011. Purpose -- Intent -- Severability- -1977 ex.s. c 80: See notes following RCW 4.16.190. Page [ 4 ] 1/20/98 RECEIVED .. J.anuary...13.1...1. 998 ...................•--------............................. ............................... ............l 1! ....:................................. ..................... :............................................................. and that said newspaper was reg lar di tribu d to its subscribers durl of said period. J...... **... ---- .t ............ .... �I ............................ Principal Clerk Subscribed and sworn to before me this..... 15.th............ dof ....... Jan ... ry ............... ...................... ...... 19...98. ...... .. . .. .......... .... -- .. ......... ..... Notary Public in and for the S Washington, residing at Everett, Snoho n y. 00TAq Y w'a pU60 z ��►� 5.19 -s>~ G,`O OF WASN�a B -2 -1 JAN 2 0 1998 Affidavit of Publication EDMONDS CITY CLERK STATE OF WASHINGTON, COUNTY OF SNOHOiY,ISH, ss :-SUMMARY OFF ORDINANC NO. 3184 of the City of Edmonds, Washington Of ' On the 6th day of January, ; ,%998, the City Council of the The undersigned, being first duly sworn on oath deposes and says City of Edmonds, passes Ordinance No. 3184, q that she is Principal Clerk of THE HERALD, a daily newspaper sum - ordinance. consisting of of sthe �� printed and published in the City of Everett, County of Snohomish, title, provides as follows: CITY OFDIEDMONDS, WASH and State of Washington; that said newspaper is a newspaper of 1NGTON, AMENDING THE PROVISIONS OF SECTION r 1 1 21.30. ' 'FAMILY' DEFINING general circulation in said County and State; that said newspaper TO INCLUDE AP. r, PCERS TFOSTERT HOMEES, has been approved as a legal newspaper by order of the Superior TD SECTION 16.30.010 Aj(4) � ��gg Court of Snohomish County and that the notice ......... ............................... -CAP�t 20. 'ENACTING '. ;CHAPTER 20.18 '- �Ro P QM�g AND FIXING A-Tfv& WHEN THE SAME SHALL BECOME EFFECTIVE. City f Edmonds y o The full text of this Ordi- , „ ................ nance will be mailed upon re TED DA this 91h day of Ordinance 3184 January, 1998. i CITY CLERK. + SANDRA S. CHASE . ............................ .............................°.....................-- -...----- °----• °............... ..... ............. } Published: January 13, 1998. ............. °-----------•-•---......... ............................... •--............................. ............................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: .. J.anuary...13.1...1. 998 ...................•--------............................. ............................... ............l 1! ....:................................. ..................... :............................................................. and that said newspaper was reg lar di tribu d to its subscribers durl of said period. J...... **... ---- .t ............ .... �I ............................ Principal Clerk Subscribed and sworn to before me this..... 15.th............ dof ....... Jan ... ry ............... ...................... ...... 19...98. ...... .. . .. .......... .... -- .. ......... ..... Notary Public in and for the S Washington, residing at Everett, Snoho n y. 00TAq Y w'a pU60 z ��►� 5.19 -s>~ G,`O OF WASN�a B -2 -1