HomeMy WebLinkAbout4339 ORDINANCE NO. 4339
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending chapters 15.02
and 15.04 of the Kent City Code relating to group
homes, boarding homes, short-term rentals and
communal residences.
RECITALS
A. Certain housing arrangements are protected under state and
federal law to prevent discrimination and protect vulnerable individuals,
particularly those requiring care, such as elderly or disabled persons.
B. Federal and state law provide protections to adult family
homes and group homes for people with disabilities which promote
locating these housing types in areas zoned for residential and commercial
use. While adult family homes are subject to state oversight and have
eligibility criteria, licensing requirements and regular state-conducted
inspections, typical group homes have no such regulatory oversight.
C. The City has received complaints that some group homes in
Kent may be operating with substandard living conditions and may in fact
be boarding homes or room rental situations operating under the guise of
a group home.
1 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
D. The City has also received complaints of homeowners and
tenants renting rooms as short-term rentals on internet platforms such as
AirBnB, sometimes generating neighborhood parking problems.
E. Washington State Substitute House Bill 1798 recently created
a new state law, chapter 64.37 RCW, relating to short-term rentals, which
took effect on July 28, 2019. This new chapter distinguishes short-term
rentals from other rentals based on rental for 30 or fewer consecutive
nights and requires operators to pay occupancy, sales, and lodging taxes if
required by the City the rental is located in. Certain consumer safety
protections are also required for rental platforms and operators.
F. The City finds it is within the public interest to ensure group
homes and room rentals provide adequate, safe, and healthy living
conditions.
G. The City finds it is further within the public interest to limit
impacts to and maintain the residential character of single-family
neighborhoods by limiting the number of rooms within a single-family
residence that may be rented on a short or long-term basis.
H. To ensure consistency with RCW 64.37 and adequately
protect consumers, the City finds it is necessary to define, regulate, and
license short-term rentals.
I. On October 2, 2019, pursuant to RCW 36.70A.106, a request
for expedited review was sent to the Washington State Department of
Commerce. On October 16, 2019, the City was granted expedited review.
No comments were received.
2 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
J. On October 25, 2019, the City's SEPA Responsible Official
issued a Determination of Non-Significance for the code amendment (ENV-
2019-39, KIVA # RPSW-2194251).
K. On September 9, 2019, the Land Use and Planning Board held
a workshop to discuss the proposed amendments. After appropriate public
notice, on October 14, 2019, a public hearing was held before the Land
Use and Planning Board, which recommended the City Council approve the
amendments as presented by staff.
L. On November 12, 2019, Committee of the Whole considered
the recommendation of the Board.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 15.02.055. Section 15.02.055 of
the Kent City Code, entitled 'Boarding or lodging home," is amended as
follows:
Sec. 15.02.055. Bearding or ledging he Short-term rental.
Short-term rental means a dwelling or part
thereof, other than a motel or hotel, where lodging, with or without meals,
is provided, for compensation, for fewer than thirty consecutive nights-9et
SECTION 2. - New Section - KCC 15.02.073.1. Section 15.02.073.1
of the Kent City Code is created as follows:
3 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
Sec. 15.02.073.1. Communal residence.
Communal residence means a business operated out of a single-
family residential home with or without an owner occupant residing
therein, where the residential home, or portions thereof, are rented to
residential tenants through separate, unrelated lease or rental
agreements. The fact that the individuals rent the residence or a portion
thereof through separate, unrelated lease or rental agreements shall be
prima facie evidence that the individuals are unrelated, not living as a
single housekeeping unit, and do not meet the definition of "family" per
KCC 15.02.135. Group homes and short-term rentals are not communal
residences.
SECTION 3. - Amendment - KCC 15.02.135. Section 15.02.135 of
the Kent City Code, entitled "Family," is amended as follows:
Sec. 15.02.135. Family.
Family means an individual; two (2) or more persons related by
blood, marriage, or state registered domestic partnership under Chapter
26.60 RCW; a group of two (2) or more disabled residents protected under
the Federal Housing Act Amendments, who are not related by blood,
marriage, or state registered domestic partnership under Chapter 26.60
RCW, living together as a single housekeeping unit; or a group of sox (6)
four 4 or fewer residents, who are not related by blood, marriage, or
state registered domestic partnership under Chapter 26.60 RCW, living
together as a single housekeeping unit_;
SECTION 4. - Amendment - KCC 15.02.173. Section 15.02.173 of
the Kent City Code, entitled "Group Home," is amended as follows:
4 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
Sec. 15.02.173. Group home.
A. Class I group home. Class I group home means publicly or privately
operated residential facilities sueh as including state-licensed adult family
homes as defined by RCW 70.128.010, state-licensed foster-family homes
as defined by RCW 74.15.020(e); group
homes for individuals who are developmentally, physically, or mentally
disabled; and group homes or halfway houses for recovering a►coholics and
former drug addicts_;
A. A class I-A group home shall have a
maximum of six (6) residents not including providers Fesident s ,
B. Class II group home. Class II group home means publicly or
privately operated residential facilities for juveniles under the jurisdiction
of the criminal justice system. These homes include state-licensed group
care homes or halfway homes for juveniles which provide residence in lieu
of sentencing or incarceration, and halfway houses providing residence to
juveniles needing correction or for juveniles selected to participate in
state-operated work release and pre-release programs. The planning
director shall have the discretion to classify a group home proposing to
serve juveniles convicted of the offenses listed under class III group home
in this section as a group home class III, and any such home shall be sited
according to the regulations contained within the group III classification.
1. Group home, class II-A. A class II-A group home shall have a
maximum of eight (8) residents including resident staff.
2. Group home, class II-B. A class II-B group home shall have a
maximum of twelve (12) residents including resident staff.
5 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
3. Group home, class II-C. A class II-C group home shall have a
maximum of eighteen (18) residents including resident staff.
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. Secure community transition facilities are
considered class III group homes. Secure community transition facilities
shall have a maximum of three (3) residents, excluding resident staff,
unless the state agency proposing to establish and operate the facility can
demonstrate that it has equitably distributed other secure community
transition facilities with the same or a greater number of residents in other
jurisdictions or communities throughout the entire geographic limits of
King County.
SECTION 5. - Amendment - Chapter 15.02 KCC - New KCC
15.02.335.01. Section 15.02.335.01 of the Kent City Code is amended by
adding a new section to read as follows:
Sec. 15.02.335.01 Provider.
Provider means one of the following:
A. Any person, as defined by RCW 70.128.010(9) that is
licensed to operate an adult family home;
B. Any person, firm partnership, association, corporation or
facility as defined by RCW 74.15.020(1), that is licensed to care for
children expectant mothers, or persons with developmental disabilities; or
6 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
C. Any person or legal entity that operates a halfway house or
group home for recovering alcoholics or drug addicts.
SECTION 6. - Amendment - KCC 15.04.020. Section 15.04.020 of
the Kent City Code, entitled "Residential land uses," is amended as follows:
[See Following Page]
7 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
Sec. 15.04.020. Residential land uses.
Zoning Districts
Key
P=Principally
Permitted Uses
S=Special Uses N
C=Conditional EC7 ° F E- U _ °' U U U W U U U N M
Uses
A=Accessory
Uses
One single-family P P P P P P P P P P P P P P A A A A
dwelling per lot (1) (1) (1) (1)
One duplex per P P P P
lot (27) (27) (27)
One modular P P P P P P P P P P P P
home per lot
Duplexes P P P P P P P P P
(27),(27) (27) (22)
P P P P P P P P P P P P P P P
Multifamily (27) (27) (27) (19) (19) (2) (4) (2)
townhouse units (20) (20) C
(5)
P P P P P P P P P P P P
Multifamily (26) (26) (2) (4) (2)
dwellings C
(5)
Mobile homes P
and
manufactured
homes
Mobile home P P P P P P P
parks (13) (13) (13) (13) (13) (13)
Group homes P P P P P P P P P P P P P P P P P GP P P P P GP
class I-A L 32 L 32 32 32 L L 32 L 32 L 32 L2 L L L L 32 L 32
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Gmup heaves R R R R R P R R R R G R R G G G - -
Glass 1 QQ
Group homes C C C C C C C C C C C C C C C C
class II-A L 32 LL2 L 32 LL2 L LL2 L 32 LL2 L LL2 L LL2 L
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Group homes C C C C C C C C C C C C C C C C
class II-13 32 L 32 L 32 L L L 32 L 32 L 32 2 32 L
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Group homes C C C C C C C C C C C C C C C C
class II-C L L LL2 L L L L LL2 L 32 L 32 L LL2 L LL2
1 1 11 1 1 1 1 1 11 1 1 1 1 1 1 1
8 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
Zoning Districts
Key
P=Principally
Permitted Uses
S=Special Uses N ^
C=Conditional q F F- y U CV
E
Uses E s �: � U U g � � � � � � z c 7 7
A=Accessory
Uses
Group homes C C C C C C C C C C
class III (23) (23) (23) (23) (23) (23) (23) (23) (23) (23)
(32) 32 (332) J32 32 (32) (32)
Secure
community
transition
facilities23.24
Communal P P P P P P P P P P P P P P
residences L LL3 L L L (33 L L L L L L L L
3) 1 1 1 1 1 1 1 1 1 1 1 1 1
9 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
Rebuild/ P P P P P P P P P P P P P P P
accessory uses (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6)
for existing
dwellings
P P P P P P P P P P P
Transitional (29) (29) (29) (2) (4) (7) (7)
housing C
(5) (30) (30,
Roomfag-and A A A A A A A A A A
beardiRg 9f aet L L LL4 34 j34 L2L4 � L �L4 L
FRere than three
perseasShort-
term rentals
A A A
Farm worker (17) (9) (17)
accommodations
Accessory uses A A A A A A A A A A A A A A A A A A A A A A A A A A A
and structures (8) (8) (8) (8) (8) (18) (18) (18) (18) (18) (18)
customarily (18) (18) (18) (18) (18)
appurtenant to a
permitted use
A A A A A A A A A A A A A A
Accessory (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8)
dwelling units (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) (10)
and guest
cottages
A A A A A A A A A A A A A A
Accessory living (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14)
quarters
P
Live-work units (28)
A A A A A A A A A A A A A A A A A A A A A A A A A A A A
Home (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11)
occupations
A
Service buildings
A A A A A A A A A A A A A
Storage of (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16)
recreational
vehicles
C C C C C C C C C C C C C C C C C C C C C C C C C C
Drive-in churches
Emergency C C C C C C C C C C C C C C C
housing; (31)
emergency
shelter
10 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
C C C C C P P P P P P P P P C C P
Independent (29) (29) (29) (2) (4) (2)
senior living C C C
facilities (3) (5) (3)
C C C C C P P P P P P P P P C C P
Assisted living (29) (29) (29) (2) (4) (2)
facilities C C C
(3) (5) (3)
Residential C C C C C P P P P P P P P P C C P
facilities with (29) (29) (29) (2) (4) (2)
C C C
health care (3) (5) (3)
Designated P P P P P P P P P P P P P
(25) (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) (25)
manufactured
home
[End of Section 15.04.020]
11 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
SECTION 7. - Amendment - KCC 15.04.030. Section 15.04.030 of
the Kent City Code, entitled "Residential land use development conditions,"
is amended as follows:
Sec. 15.04.030. Residential land use development
conditions.
1. Dwelling units, limited to not more than one per
establishment, for security or maintenance personnel and their families,
when located on the premises where they are employed in such capacity.
No other residential use shall be permitted.
2. Multifamily residential uses, or other residential facilities
where allowed, are only permissible in a mixed use overlay and must be
included within a mixed use development.
3. Assisted living facilities, residential facilities with health care,
and independent senior living facilities, when not combined with
commercial or office uses, require a conditional use permit and are subject
to the following conditions:
a. Must be located within a half mile of publicly accessible
amenities in at least three of the following categories, as determined
by the economic and community development director. The distance
shall be measured as the shortest straight-line distance from the
property line of the proposed facility to the property line of the
entities listed below:
i. Public park or trail, as identified in the city's
most recently adopted park and open space plan, or owned or
maintained by any agency of the state, or any political
subdivision thereof;
ii. Preschool, elementary, or secondary school
(public or private);
12 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
iii. Indoor recreational center (community center,
senior center, physical recreation facility, bingo or casino
hall);
iv. Church, religious institution, or other place of
worship;
V. Cultural arts center (theater, concert hall,
artistic, cultural, or other similar event center);
vi. Retail services, including, but not limited to:
medical services; food and beverage establishments;
shopping centers; or other commercial services that are
relevant (reasonably useful or germane) to the residents of
the proposed facility, as determined by the city's economic
and community development director.
b. Alternatively, if the facility provides amenities in one or
more of the categories listed in subsection (3)(a) of this section on
the ground floor of the facility itself, oriented towards the public
(meaning that they are visible, accessible and welcoming), the
number of other amenities to which a half-mile proximity is required
may be reduced, at the discretion of the city's economic and
community development director.
4. Multifamily residential uses, or other residential facilities
where allowed, when established in buildings with commercial or office
uses, and not located on the ground floor.
5. Multifamily residential uses, or other residential facilities
where allowed, when not combined with commercial or office uses.
6. Existing dwellings may be rebuilt, repaired, and otherwise
changed for human occupancy. Accessory buildings for existing dwellings
may be constructed subject to the provisions of KCC 15.08.160.
7. Transitional housing facilities, limited to a maximum of 20
residents at any one time, plus up to four resident staff.
13 Amend KCC 15.02 and 15.04 -
Re; Group Homes & Room Rentals
S. Accessory structures composed of at least two walls and a
roof, not including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
9. Farm dwellings appurtenant to a principal agricultural use for
the housing of farm owners, operators, or employees, but not
accommodations for transient labor.
10. Accessory dwelling units shall not be included in calculating
the maximum density. Accessory dwelling units are allowed only on the
same lot with a principally permitted detached single-family dwelling unit,
and are subject to the provisions of KCC 15.08.160 and 15.08.350.
11. Customary incidental home occupations subject to the
provisions of KCC 15.08.040.
12. [Reserved].
13. Subject to the combining district requirements of the mobile
home park code, Chapter 12.05 KCC.
14. Accessory living quarters are allowed per the provisions of
KCC 15.08.359.
15. [Reserved].
16. Recreational vehicle storage is permitted as an accessory use
in accordance with KCC 15.08.080.
17. Accommodations for farm operators and employees, but not
accommodations for transient labor.
18. Other accessory uses and buildings customarily appurtenant
to a permitted use, except for onsite hazardous waste treatment and
storage facilities, which are not permitted in residential zones.
19. The following zoning is required to be in existence on the
entire property to be rezoned at the time of application for a rezone to an
MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE.
14 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
20. All multifamily townhouse developments in an MR-T zone shall
be recorded as townhouses with ownership interest, as defined in KCC
15.02.525.1, prior to approval of a certificate of occupancy by the city.
21. [Reserved].
22. One duplex per lot is permitted.
23. Secure community transition facilities are only permitted
within the boundaries depicted on the following map, and only with a
conditional use permit:
1
� w
24. A secure community transition facility shall also comply with
applicable state siting and permitting requirements pursuant to 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.
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
15 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
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. During the conditional
use permit process for a secure community transition facility, 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. This distance shall 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. For
the purpose of granting a conditional use permit for a secure community
transition facility, the hearing examiner shall give great weight to equitable
distribution so that the city shall not be subject to a disproportionate share
of similar facilities of a statewide, regional, or countywide nature.
25. A designated manufactured home is a permitted use with the
following conditions:
a. A designated manufactured home must be a new
manufactured home;
b. The designated manufactured home shall be set upon a
permanent foundation, as specified by the manufacturer, and the
space from the bottom of the home to the ground shall be enclosed
by concrete or an approved concrete product that can be either
load-bearing or decorative;
C. The designated manufactured home shall comply with
all city design standards applicable to all other single-family homes;
16 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
d. The designated manufactured home shall be thermally
equivalent to the State Energy Code; and
e. The designated manufactured home shall meet all other
requirements for a designated manufactured home as defined in
RCW 35.63.160.
26. Multifamily dwellings shall be allowed only within the Kent
downtown districts outlined in the Downtown Subarea Action Plan and shall
be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or
similar dwelling units with ownership interest and recorded as such prior to
approval of a certificate of occupancy by the city.
27. Within subdivisions, as defined by KCC 12.04.025, vested
after March 22, 2007, or altered to comply with zoning and subdivision
code amendments effective after March 22, 2007, 25 percent of the total
number of permitted dwelling units may be duplex or triplex townhouse
structures.
28. Live-work units; provided, that the following development
standards shall apply for live-work units, in addition to those set forth in
KCC 15.04.190:
a. The unit shall contain a cooking space and sanitary
facility in conformance with applicable building standards;
b. Adequate and clearly defined working space must
constitute no less than 50 percent of the gross floor area of the live-
work unit. Said working space shall be reserved for and regularly
used by one or more persons residing there;
C. At least one resident in each live-work unit shall
maintain at all times a valid city business license for a business on
the premises;
d. Persons who do not reside in the live-work unit may be
employed in the live-work unit when the required parking is
provided;
17 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
e. Customer and client visits are allowed when the
required parking is provided;
f. No portion of a live-work unit may be separately rented
or sold as a commercial space for a person or persons not living on
the premises, or as a residential space for a person or persons not
working on the premises;
g. [Reserved];
h. Construct all nonresidential space, to the maximum
allowed, to commercial building standards; and
i. Provide an internal connection between the residential
and nonresidential space within each unit.
29. Subject to the maximum permitted density of the zoning
district. For assisted living facilities, residential facilities with health care,
and independent senior living facilities, each residential care unit is
considered one dwelling unit for purposes of density calculations.
30. Conditional use when the number of residents exceeds 20 at
any one time or more than four resident staff.
31. Emergency housing is an allowed conditional use in the MR-D
zone only in conjunction with an approved conditional use permit, and
subject to the following additional conditions:
a. The emergency housing facility must be located on the
same lot as an actively operating church or similar religious
institution, and the lot must be a minimum of two acres in size;
b. The emergency housing facility must be located within
a permanent, enclosed building;
C. The building footprint of the emergency housing facility
cannot exceed the building footprint of the church or similar
religious institution that exists on the same lot;
d. The church or similar religious institution on the same
lot as the emergency housing facility shall be primarily liable for the
18 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
operation and maintenance of the facility itself, as well as the
conduct of the residents of the facility on and in the immediate
vicinity of the lot, to the maximum extent permitted by law,
regardless of whether the organization contracts with a third party
for the provision of any services related to the facility itself or its
residents; and
e. The emergency housing facility shall comply with the
setbacks and landscaping requirements for churches, as identified in
KCC 15.08.020(A).
32. The following restrictions apply to all group homes:
a. A group home is considered a single-family residential
use and shall not be combined with another residential use on the
same parcel including, but not limited to, a communal residence or
short-term rental;
b. A City of Kent business license is required in
accordance with Chapter 5.01 of the Kent City Code;
C. The applicant is responsible for obtaining required state
licenses and providing a copy of an up-to-date state license, or proof
one is not required by the state, to the City of Kent prior to approval
of a city business license;
d. Family members of the provider may live in the group
home, but such members are limited only to a spouse and children
of the provider or spouse, and are subject to the background check
requirements of WAC 388-76-10161 and WAC 388-73-10166; and
e. An accessory dwelling unit is permitted only if used as
part of the operation of a group home and may not be leased or
sub-leased to a separate family.
33. The following restrictions apply to all communal residences:
a. A City of Kent business license is required in
accordance with Chapter 5.01 of the Kent City Code;
19 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
b. No more than three rooms within the home or
accessory structure may be separately leased or sub-leased; and
C. Each room being leased or sub-leased shall have
adequate space, light, electricity, heating, emergency egress, a
smoke detector, and access to adequate sanitation and eating
facilities pursuant to the International Residential Code and
International Property Maintenance Code as adopted in KCC 14.01.
Adequate space means floor area of no less than 70 square feet in
size, no less than 7 feet of ceiling height and shall not have any
horizontal dimension less than 7 feet. Egress means one emergency
escape rescue opening at least 5.7 square feet, 24 inches high and
20 inches wide.
34. The following restrictions apply to short-term rentals:
a. A City of Kent business license is required in
accordance with Chapter 5.01 of the Kent City Code;
b. The home shall be occupied by the owner or a non-
transient tenant for at least six months of each year;
C. No more than three rooms within the home or
accessory structure may be offered as short-term rentals; and
d. The applicant is responsible for complying with the
short-term rental requirements of RCW 64.37.
SECTION S. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 9. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
20 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 10. - Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
November 19, 2019
DANA RALPH, MAYOR Date Approved
ATTEST:
� • November 19, 2019
KIMBERLEY KOMOTO, CI ERK Date Adopted
November 22, 2019
Date Published
i
APPROVED AS TO F M:
THUR FITZPATRICK, CITY ATTORNEY
•
IW A
4 i
21 Amend KCC 15.02 and 15.04 -
Re: Group Homes & Room Rentals
STATE OF WASHINGTON, COUNTY OF KING )
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Polly Shepherd, being first duly sworn on oath that she is the Publisher of the
Kent - Covington Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent - Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent - Covington Reporter(and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice (881426), a:
Public Notice
was published on November 22"d, 2019.
Theo mo e fee charged for said foregoing publication is the sum of$542.99.
�oM•EXa o L
Polly Shepherd, Publisher, Kent - Covington Reporter &w
CA:Z NOTARY N;
PUBLIC
Subscri nd sworn to me this 22"d day of November, 2019. �� `o �;*0
ale Gwin, Notary Public for the State of Washington, Residing in Covington,WA
Classified Proof
CITY OFKENT
NOTICE OF i
ORDINANCES
PASSED BY THE
CITY COUNCIL
The following are sum-
maries of ordinances
passed by the Kent City
Council on November
19,2019.
ORDINANCE NO.4338
AN ORDINANCE :of
i the City Council of the y
City Of Kent, Washing-
ton,was adopted on No-
vember 5, 2019, which
granted Zayo Group,
LLC, a 10-year non-ex-
clusive telecommunica-
tions franchise agree-
ment; authorized the
Mayor to sign all docu-
ments necessary to im-
plement the full terms of
t the negotiated agme-
j ment; and directed the
City Clerk to publish no-
tice of Council's grant of
this telecommunications k
franchise. A complete
copy of the Telecommu-
nications Franchise I
Agreement is available
through the City Clerk's
office, located at 220
Fourth Avenue South in
the City of Kent, or on-
line at https/Mocu-
tnents.kentwa.govf, i
This ordinance,being an
exercise of a power spe-
ci ically delegated to the
City's legislative body,is
not subject to referen-
dum. It shall be pub-
lished and will take ef-
fect 30 days after its
passage. The Franchise j
Agreement, however,
shall become effective
only upon its acceptance
by Zayo Group,LLC and
execution by the Mayor,
Should Zayo fail to time-
ly file its written accep-
tance of the Franchise
Agreement,Zayo will be
deemed to have rejected
Classified Proof
and repudiated the Fran-
chise Agreement and
the franchise will be
voidable by the City.
ORDINANCE NO. 4339
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending chapters
15.02 and 15.04 of the
Kent City Code relating I
to group homes, board-
ing homes, short-term
rentals and communal
residences.
This ordinance shall take
effect and be in force 30
days from and after its
passage,as provided by
law.
ORDINANCE NO. 4340
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending sections
6.07.020 and 6,07.050
of the Kent City Code,
regulating signage in the
Public right of way, and
amending chapters
15.02 and 15.06 of the
Kent City Code,regulat-
ing signage generally
within the City.
This ordinance shall take
effect and be in force
thirty days from and after
i
its passage,as provided
by law.
ORDINANCE NO. 4341
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, relating to local
sales or use taxes; im-
posing the maximum ca-
pacity of The tax author-
ized under the
provisions of RCW
82.14.540 for affordable
and supportive housing;
amending Chapter 3.16
of the Kent City Code by
adding a new section
3,16.035, entitled
'Additional sales or use
tax for housing';and au-
thorizing the Mayor to
use the funds and pool
resources with South
King Housing and
Homelessness Partners.
This ordinance,pursuant
to RCW 35A.11.090(7),
shall take effect and be
in force five days after its
publication, as provided
by law.
ORDINANCE NO. 4342
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending chapters
3.18, 3.21, 3.26, 3.28
and 3.29, of the Kent
City Code to consolidate
administrative provisions
for all taxes, align the
City's B&O tat provi-
sions with the model or-
dinance, and add vari-
ous clarifications.
This ordinance shall take
effect and be in force
thirty days from and after
its passage,as provided
by law. The amend-
ments to the Kent City
Code herein, however,
shall not be effective un-
til January 1,2020.
ORDINANCE NO. 4343
AN ORDINANCE of
Classified Proof
the tatty{;ounce or the
City of Kent, Washing-
ton, approving the con-
solidating budget adjust-
menu made between
July 1, 2019 and Sep-
tember 30,2019,reflect-
ing an overall budget in-
crease of$12,002,345. j
This ordinance shall take
effect and be in force
five days after publica-
tion,as provided by law.
ORDINANCE NO. 4344
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, relating to the mid-
biennial review and
modification of the 2019-
2020 biennial budget as
required by RCW
35A.34.130 and Ordi-
nance No. 4230; adopt-
ing certain modifications
to the 2020 budget;and
establishing an effective
date.
This ordinance shall take
effect and be in force
January 1, 2020, which
is more than fire days
after its publication, as
Provided by law.
ORDINANCE NO. 4346
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton,levying 2019 proper-
ty taxes for the 2020 bi-
ennial budget for the
City of Kent
This ordinance shall take
effect and be in force
January 1, 2020, which
is more than five days
after its publication, as
provided by law.
ORDINANCE NO.4346
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending the Kent
Comprehensive Plan
and its Capital Facilities
Element to reflect a six-
year plan for capital im-
provement projects
(2020-2025)(CPA-201 9-
2).
This ordinance shall take
effect and be in force 30
days from and after its
passage,as provided by
law.
ORDINANCE NO, 4347
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending the Kent
Comprehensive Plan
and its Capital Facilities
Element to include the
Capital Facilities Plans
of the Kent. Federal
Way, Auburn and High-
line School Districts
(CPA-2019-1).
This ordinance will take
effect and be in force 30
days from and after its
passage,as provided by
law.
ORDINANCE NO. 4348
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending Section
12.13.160 of the Kent
City Code to adjust the
school impact fee sched-
ules(CPA-2019-1).
This ordinance shall take
Classified Proof
i enact ano De in rorce.3u
days from and after its
passage,as provided by r
law.
ORDINANCE NO. 4349
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton,providing for the ac-
quisition by eminent do-
main of real property I
generally located on the {
north side of the Green
River and commonly
known as 7641 S.259tn
St., which property is
needed for the construes
tion of the Milwaukee 11
Levee Improvement Pro-
ject.This ordinance pro-
vides for the condemna-
tion, appropriation,
taking,and damaging of
real property necessary
for that project and pro- G
yides for the payment
thereof out of the Mil-
waukee 11 Levee Im-
provement Project(Fund i
No. D20090). This orcl-
nance also directs the
City Attorney to prose-
cute the appropriate le-
gal condemnation pro-
ceedings in King County
I
Superior Court,to retain i
any legal counsel re-
quired,and to enter into
settlements,stipulations,
or other agreements as i
may be necessary,
This ordinance shall take
effect and be in force
thirty days from and after
its passage,as provided
by law.
ORDINANCE NO. 4350
- AN ORDINANCE of
the City Council of the
City of Kent, Washing- i
ton,providing for the ac-
quisition by eminent do-
main of real property i
generally located on the
north side of the Green
River, along S. 251st
Street,west of Washing-
ton Ave.S.,which prop
erty is needed for the
construction of the Sig-
nature Pointe Levee Im-
provement Project. This
ordinance provides for
the condemnation, ap-
propriation, taking, and
damaging of real proper-
ty necessary for that pro-
ject and provides for the
payment thereof out of
the Signature Pointe
Levee Improvement Pro-
ject(Fund No. D20085).
This ordinance also di-
rects the City Attorney to
prosecute the appropri-
ate legal condemnation
proceedings in King
County Superior Court,
to retain any legal coun-
sel required,and to en-
ter into settlements,
stipulations, or other
agreements as may be
necessary.
This ordinance shall take
effect and be in force
thirty days from and after
its passage,as provided
by law.
A copy of the complete
text of any ordinance will
be mailed upon request
of the City Clerk.
Classified Proof
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wnay n. nou wiv,
City eierk
KkomotoCa�KentWA aov
253-856-5725
Published in the Kent-
Covington Reporter
November 22, 2019.
#861426