§ 22.56.242. Secure community transition facilities.

The following requirement apply to secure community transition facilities:

A.

Occupancy. No more than three people, other than staff, shall occupy a secure community transition facility. However, if the state requires the county to accommodate additional committed sex offenders, the hearing examiner may authorize up to a total of six offenders in a secure community transition facility as necessary to meet the state's minimum requirement. The request to allow increased occupancy shall be processed in accordance with the procedures of this chapter.

B.

Separation from Other Uses. Secure community transition facilities shall be separated from other uses as follows:

1.

Secure community transition facilities shall not be located adjacent to, immediately across a street or parking lot from, or within the line of sight of a risk potential activity or facility listed below that is in existence at the time a site is applied for. For the purposes of this standard, "within line of sight" means that it is possible to reasonably visually distinguish and recognize individuals. In evaluating alternative sites, great weight shall be given to sites that are the farthest removed from risk potential activities and facilities.

a.

Schools (public and private) and school sites owned by a school district or private school and planned for school development;

b.

Licensed pre-schools;

c.

Licensed child care homes and day care centers;

d.

Sports fields, playgrounds and public parks;

e.

Churches, synagogues, temples and mosques;

f.

Recreational and community centers;

g.

School bus stops;

h.

Public libraries; and

i.

Publicly dedicated trails.

2.

Sites proposed for a secure community transition facility shall not be located within five hundred feet of a residence or a vacant residential lot. The hearing examiner may waive the five hundred-foot separation from residential lots if the applicant obtains development rights or easements that preclude the siting of a residence within five hundred feet of the proposed secure community transition facility.

The distance specified above shall be measured from the proposed location of the dwelling in the secure community transition facility to the boundary of the applicable property. (Also see subsection H.).

3.

The separation of secure community transition facilities from other uses specified in subsections (B)(1) and (2) above may be reduced to the extent waterbodies, bluffs, freeways, or similar barrier effectively preclude access from the proposed secure community transition facility to the uses identified in those subsections.

C.

Preferred Locations.

1.

Where alternative sites are available for siting a secure community transition facility, preference shall be given to sites in the following districts, in descending order of priority: long-term forestry district, military reservation (see Title 20), industrial districts, and commercial districts (see Title 20). Prior to approving a site in a lower priority district, the applicant must demonstrate that sites are not available in all of the higher priority districts, or that the proposed site would pose less of a public safety risk than alternative sites in the priority districts.

2.

When considering and balancing siting criteria for secure community transition facilities, the greatest weight shall be given to public safety. The siting of secure community transition facilities shall take into account equitable distribution consistent with Chapter 71.09 RCW. However, the hearing examiner may approve a secure community transition facility in the vicinity of a similar use if s/he determines that it is in the public interest (such as in nonresidential districts where the facility would pose relatively low public safety risks and impact relatively few county residents) and is consistent with the provisions of this chapter.

D.

Zoning Overlay. An overlay zoning designation shall be applied to the area surrounding any approved secure community transition facility site which precludes the uses listed in subsection (B)(1) above within one-fourth mile of the approved site, except as provided for by subsection (B)(3).

E.

Staffing and Security Measures.

1.

As a condition of approval, the applicant shall be required to enter into a contract with the county specifying the secure community transition facility's staffing, security measures, escape search plan, and escape notification procedures.

2.

The applicant shall submit as part of the application the staffing plan and a general security plan for the proposed secure community transition facility. The general security plan shall indicate the types of security measures/facilities proposed for the secure community transition facility including, but not limited to, constant electronic monitoring of residents, site security measures/equipment, and site access and control consistent with Chapter 71.09 RCW, unless otherwise ordered by a court. This plan shall be forwarded to the Thurston County Sheriff for review and recommendation to the hearing examiner. The security plan made part of the public record shall not be in such detail that security of the facility would be compromised.

3.

The applicant shall submit as part of the application procedures for immediate public notification of escapes. This notification procedure shall be submitted to the Thurston County Sheriff for review and recommendation to the hearing examiner.

4.

The applicant shall install an eight-foot high fence, in character with the surrounding area, between the facility and all property boundaries. The hearing examiner may waive or lessen this requirement if s/he determines that, due to existing site features or the type or character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence.

5.

The facility shall have a backup power source.

6.

The staffing plan shall provide for a minimum staffing ratio of one staff per resident during waking hours (e.g., 7:00 a.m. to 11:00 p.m.) and two awake staff per three residents during normal sleeping hours (e.g., 11:01 p.m. to 6:59 a.m.).

F.

Landscaping. The applicant shall submit a landscaping plan that serves to maintain the character of the area without jeopardizing security, as determined by the hearing examiner.

G.

Lighting. Site lighting shall not produce levels of illumination or glare that would pose a nuisance or hazard for motorists on public rights-of-way or constitute a nuisance for occupants of adjacent properties.

H.

Reduction of Standards.

1.

In the event that it is not possible to site a facility in compliance with the standards above, the applicant may request that the hearing examiner reduce the five hundred-foot separation of secure community transition facilities from residences and residential lots required by subsection (B) above as necessary to enable siting of a secure community transition facility in the county. The burden shall be on the applicant to demonstrate that no site is available meeting the requirements of this chapter absent such a reduction.

The applicant shall identify the areas that would become available for siting the proposed facility through the proposed relaxation of the standard. The applicant shall provide evidence that the proposed site provides the greatest separation from the uses listed in subsection B above and the shortest law enforcement response time of the available alternative sites, or that its poses the least risk to public safety of the available sites.

Following a public hearing, the hearing examiner may reduce the standards in subsection B above to the minimum extent necessary to provide an opportunity for siting a secure community transition facility.

2.

Requests for reduction in siting standards specified in subsection B above shall be processed per TCC 2.06. Notice of the request shall be given in the manner required by TCC 22.62.020(C).

(Ord. 12807 § 15, 2002)