765 Amend Yelm Zoning CodeORDINANCE NO. 765
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, AMENDING
the Yelm Zoning Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Adoption:
In accordance with the requirements of Chapter 37.70A Revised Code of
Washington, the Yelm City Council does hereby adopt the amended Yelm Zoning
Code as it relates to Special Uses, Chapter 17.66 YMC.
Section 2. Findings of Fact.
A. 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.
B. 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.
C. 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.
D. "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.
E. 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. 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.
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." The court also found that the lack of less restrictive alternative
housing options was a significant issue and ordered the state to "[make]
arrangements...forthe community transition of qualified residents, under
supervision, when they are ready for a less restrictive alternative." The
court has continued the accrual of the contempt sanctions until the state
has established LRA facilities on the mainland.
F. 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 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.
G. Under RCW 36.70A.200, no local comprehensive plan or development
regulation may preclude the siting of essential public facilities, including
SCTFs.
H. The proposed amendments categorize secure community transition
facilities as a special use and provide siting criteria and development
regulations in Chapter 17.66, Special Uses. Secure community transition
facilities will be allowed in the industrial district. Site specific locations
within the industrial district will have to meet criteria and standards in the
following categories: allocation of facilities, occupancy, separation from
other uses, and staffing and security.
The amendment includes a definition for "Less restrictive alternative
housing", and "Secure Community Transition Facility", creates guidance
for the placement, and a process for application and public awareness for
a proposed facility.
Section 3. 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 provisions
to other persons or circumstances is not affected.
Section 4. Effective Date.
This Ordinance shall be in full force and effect from and after its passage,
approval, and,~ublication as provided by law.
Passed ah~ a~optecthe Yelm City Council on this 24th Day of July, 2002.
Adam ~tivas, Mayor
AUTHENTICATED:
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i1~ s ~~~ _
A P. Bennick, City Clerk
PASSED and APPROVED: July 24, 2002
PUBLISHED: Nisqually Valley News, August 2, 2002