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HomeMy WebLinkAbout4373ORDINANCE NO. 4373 AN ORDINANCE of the City Council of the City of Kent, Washington, recognizing isolation and quarantine facilities as a land use and designating the proper zoning districts and conditions therefore; amending the definitions of emergency housing facility and emergency shelter; reestablishing the zoning districts where emergency housing facilities may be located; and amending the definitions of hotel and motel. RECITALS A. Washington state law, through the Growth Management Act, recognizes that local governments are in the best position to determine appropriate land uses within their respective jurisdictions. B. On May 5, 2O2O, the City passed Ordinance 4358, which designated certain zones and conditions appropriate for the citing of emergency housing facilities and emergency shelters. The ordinance, which Amend Title 75 KCC Emergency Housing and Iso latio n / Qua ra nti ne Faci I ities 1 was passed to ensure compliance with HB L745 (RCW 354.21.360), identified the proper zones for emergency housing facilities and shelters. C. This ordinance amends the definitions of "emergency housing facility" and "emergency shelter" to better synchronize the definitions with the Kent City Code and address the addition of "isolation and quar:antine-., facilities" (referred to below). D. In addition, the ordinance recognizes that emergency housing facilities may not always be associated with religious organizations, establishes more appropriate zones in which emergency housing facilities may be located, and establishes conditions for the citing of those facilities. The locations and conditions of emergency housing facilities and emergency shelters address the impacts of these facilities as recognized in Kent and other cities in the region. E. The COVID-19 virus has resulted in a declared need for facilities in which people can be sent to isolate and quarantine in order to control or prevent the spread of a dangerous, contagious, communicable or infectious disease, agent or contaminant. This ordinance recognizes this new land use called "Isolation and Quarantine Facility." The code recognizes that these facilities are not appropriate for areas with the potential for significant human interaction due to the risk of spread of a dangerous, contagious, communicable or infectious disease, agent or contaminant, F. The ordinance also makes housekeeping changes to the definitions of "hotel" and "motel" and better aligns those definitions with state law. Amend Title 75 KCC Emergency Housing and Isolatio n / Qu a ra nti ne Faci I ities 2 G. The amendments reflected in this Ordinance 4373 are changes to the Kent City code as it existed on October 20, 2O2O, prior to the meeting at which the ordinance was approved. It is recognized that Ordinance4372 is being considered on the same date as this Ordinance 4373, and each ordinance amends KCC 15.04.020 and KCC 15.04.030. The code reviser is instructed to incorporate the amendments of both Ordinance 4372 and 4373^ in the Kent City Code as if simultaneously adopted or adopted as one ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 7, - Amendment KCC 15.02.131. Section 15.02.131 of the Kent City Code, entitled "Emergency housing facility, emergency shelter," is amended as follows: Sec. 15.O2.131. Emergency housing facility, emergency shelter. Emergency housing facility means a facility operated to provide temporary housing within a permanent enclosed building for individuals who are otherwise homeless and have no immediate {ivingr.housing_options available to them.An "emeroencv housino facilitv" does not inclrrdp "isolation and quarantine facilities" as defined in Chaoter 15.02 KCC, Emergency shelter means a temporary structure, not oermanently fixed to the ground. or not served by fixed permanent utilities, such as but not limited to tents, tiny houses, sheds, trailers, or recreational vehicles. operated to provide temporary shelter to individuals who are otherwise Amend Title 75 KCC Emergency Housing and Iso lation / Qu a ra nti ne Faci I ities 3 homeless and have no immediate {ivingrhousingoptions available to them. An "emergencv shelter" does not include "isolation and quarantine facilities" as defined in Chaoter 15.02 KCC. SECTION 2. - Amendmend xCC 15.02.200. Section 15.02.200 of the Kent City Code, entitled "Hotel" is amended as follows: Sec. 15.O2.2OO. Hotel. Hotelmeans any building €en+aifting+i*(6) inc inn, hotel or oublic lodging house or place where sleeping accommodations, whether with or without meals, or the facilities for oreoaring the same, are furnished for in exchange for oavment typicallv based on a per night and per Fn m hrcic fn francianl arracfa in rrrh h cirz nr rnr.tra ratrr rnc lra r rcar{ fnr fha accommodation of such guests with a majority of the entrances to guest rooms on the inside of the building. Hotels do not include "short-term rentals" as defined in this chapter, nor do they include "dwelling units" or "premises" as defined and covered by Chapter 59.18 RCW. the Residential Landlord Tenant Act. SECTION 3. - New Section. A new Section L5.O2.2O7 of the Kent City Code, entitled "Isolation and Quarantine Facility," is hereby enacted as follows: Sec. 15.O2.2O7. Isolation and Quarantine Facility. Isolation and quarantine facility means a building, trailer, tent, shed, recreational vehicle or any other permanent or temporary structure, used to house individuals who lack a suitable location to quarantine or isolate in order to control or Amend Title 75 KCC Emergency Housing and Iso latio n / Qua ra nti ne Faci I ities 4 prevent the spread of any dangerous, contagious, communicable or infectious disease agent or contaminant. SECTION 4. - Amendment KCC 15.02.270. Section 15.O2.27O of the Kent City Code, entitled "Motel, including hotel and motor hotel," is amended as follows: Sec. 15.O2.72O. Motel . Motel, to the nrrhlir tn hp an inn hnfel nr nrrhlic lndninn hnrrce nr nlare whpre sleeping accommodations. whether with or without meals. or the facilities for preparing the same. are furnished in exchanqe for payment tyoicallv based on a per night and per room basis to transient guests. in which six or more rooms are used for the accommodation of such guests with a majority of entrances to guest rooms on the outside of the buildinq. Motels do not include "short-term rentals" as defined in this chaoter, nor do they include "dwellino units" or "Dremises" as defined and covered bv Chaoter 59.18 P(^MI tha Pacidanfial I :ndlnrrl Tanrnt Arf SECTION 5. - Amendment KCC 15.04.020. Section 15.04.020 of the Kent City Code, entitled "Residential Land Uses," is amended as follows: Amend Title 75 KCC Emergency Housing and Iso lation / Qu a ra nti ne Faci I ities 5 orh,odil!$8$lga g$$r=ta utFi s n6 eoNol='ao6'=.P I) VJ ! rrrrrrr.Q>o(,r)!ooEl.q)iofll o. o. o.iieoEo^-o< d;-<c-fP!o-"'Oo6-Ioo-l6=.oocqoaA-10AGsR-1sR-3sR-4.5sR-6sR-8MR-DMR.T12MR-Tl6MR.GMR-MMR.-HMHPNCCccDCDCEIvITC-1MTC-2MCRCMGCI1t2I3?ego=g'odEq_oolfr=.ofooCEdxEoo!ofo3oodo3oEooacE-oxoq!=c-dt.oEf3aocfq!oa !Cdl.o€o='aoGOG!G!==zooillo33;ofo3oCilcao3o=o=o3ooF@oocEfo3oqooqoocE53o@odo@GooooonnnooooooocIfJ3oqoa@ooocEf3oaooo6ooaoGoodEJ3oa.oaqGG OGGOGGOGG O:!(n:6!.oc-ooo^uiiNl3clol9.to=oo33EJoo9.oofooq6!AFxo6o-c=:6qOO=8oo=h=6,69o<cooaoooPF9roi0l\,PFo9.cof=.o_ofcttroo!t BdSt.SE n*t d.$$r=QqFi s a6 a.oNo=='(o06'f.oo>.)(n!xrrrrrttQB' 5'g 3qr:ollxoo.Q.i;F;oEo^-or=-=<dd. <--O-oc"'oOoloo-l6=,oocqooA-10AGsR.-1sR-3sR-4.5sR-6sR-8MR.DMR-T12MR-T16MR-GMR.-MMR-HMHPNCCccDCDCEMTC-1MTC.2MCRCMGCI1t2I3-tofoo'9rfoc9.lrOG!o!u)o;o3aofo_qG>G>o>G>6>G>eG>G>To3€oxooooo33ooocofo!G>E?-c >-oOo3lJ o !?EE E {s**:cJ:+oofo1;6=o$ocao3of.aa >a6>iG >ia >a6 >a>gE>lo=Oi/i 3o@JOo.Qo^b€ood=a5'H(oooo@aa>aa>aa>aa>c6 >a6>aa>aa>aa>a6>aa >aa>aG>Io6oal(ooloqo€o-c-i6Io3ooocEoeo=a>(tooogE.d='ooodoqaoooooooo=.oo0=.oo=cafoqnooooooooooooooooool6i Dr)Jl-= okror. oaal.<o-aiooCOl<oo=oo6o6f)6C)Got(fid(bcfooo6o$OjCDooofooaoo'as.G)oooo60i!o60c!qg.oo5'(od=6'ooooo!GOGEGOGOoOOGEf!ooooEoJOocd9tde.doa=.Jooo60G!o600!o3ooo9.(oooo"3o3docaoG!orc!E,El=lB16 lotq t=lx.lelsHlH to13 lolH to SECTION 6. - Amendment KCC 75.04.030. Section 15.04.030 of the Kent City Code, entitled "Residential land use development conditions," is amended as follows Sec. 15.O4.O3O 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 one-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; Amend Title 75 KCC Emergency Housing and Iso latio n / Qu a ra nti ne Faci I ities B ii. Preschool, elementary, ot secondary school (public or private); 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. Amend Title 75 KCC Emergency Housing and Iso latio n / Qu a ra nti ne Faci I ities 9 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 2O residents at any one time, plus up to four resident staff. 8. 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 appuftenant 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. t2. IReserved]. Amend Title 75 KCC Emergency Housing and Iso latio n / Qua ra nti ne Faci I ities 10 13. Subject to the combining district requirements of the mobile home park code, Chapter 12.05 KCC. L4. Accessory living quarters are allowed per the provisions of KCC 15.08.359 15. IReserved]. 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. L7. 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 propefty 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. 20. All multifamily townhouse developments in an MR-T zone shall be recorded as townhouses with ownership interest, as defined in KCC L5.O2.525.1, prior to approval of a certificate of occupancy by the city. 2L. IReserved]. 22. One duplex per lot is permitted. Amend Title 75 KCC Emergency Housing and Iso lation / Qua ra nti ne Faci I ities 11 23. Secure community transition facilities are only permitted within the boundaries depicted on the following ffi?F, and only with a conditional use permit: 24. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 7L.O9 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 sight of risk-potential activities or facilities in existence at the time a site is listed for consideration. Within the line of sight means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes Amend Title 75 KCC Emergency Housing and Iso lation / Qua ra nti ne Faci I ities g€ l t? ,3 E ! I 'e' 8 I -{;fFi:'; t2 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 the line of sight. During the conditional use permit process for a secure community transition facility, the 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. Forthe 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; Amend Title 75 KCC Emergency Housing and Isolation / Qu a ra nti ne Faci I ities 13 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 L2.O4.025, vested after March 22, 2OO7, 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 Amend Title 75 KCC Emergency Housing and Isolation / Qu a ra nti ne Faci I ities t4 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; 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. Amend Title 75 KCC Emergency Housing and Iso latio n / Qua ra nti ne Faci I ities 15 30. Conditional use when the number of residents exceeds 20 at any one time or more than four resident staff. 31. Emergency housing and emergency shelter facilities are allowed:only in the MR-D, MR-G. MR-M, and MR-H zoninq districts. in conjunction with an approved conditional use permit that satisfies the , and must satisfy the requirements of RCW 35A.21.360(10) prior to opening. a. General conditions, Emergency housing and emergency shelter facilities are subject to the following general conditions: i. The emergency housing or shelter facility must be located on the same lot as an actively operating church or similar religious institution. ii. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within 1,000 feet of the proposed emergency housing or shelter facility site. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of this section, if the city receives applications for proposed facilities that are within 1,000 feet of each other, the first complete application received by the city shall be given priority. iii. An emergency housing facility and an emergency shelter facility may not be permitted on the same lot simultaneously. Amend Title 75 KCC Emergency Housing and Isolation / Qua ra nti ne Faci I ities 16 iv. Emergency housing and shelter facilities shall be permitted to operate for a maximum of 90 consecutive days, and there shall be a minimum period of 90 consecutive days between operational periods during which the emergency housing or shelter facility does not operate, The 90-day period of nonoperation shall apply to the operation of an emergency housing facility followed by an emergency shelter facility and vice versa. v. The building footprint of the emergency housing or shelter facility cannot exceed the building footprint of the church or similar religious institution that exists on the same lot. vi, The church or similar religious institution on the same lot as the emergency housing or shelter facility shall be primarily responsible for the 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. vii. The emergency housing or shelter facility shall comply with the setbacks and landscaping requirements for churches, as identified in KCC 1s,08.020(A). viii. The possession or use of illegal drugs at an emergency housing or shelter facility or the property occupied by the facility is prohibited. ix. Emergency housing or shelter facilities shall be responsible for the safety of residents of the facility, and shall establish a Amend Title 75 KCC Emergency Housing and Iso lation / Qua ra nti ne Faci I ities t7 plan to remove individuals who present a threat to other residents or the property of other residents. x. In the event of a public health emergency, the city may require an emergency response plan that is in Substantial compliance with relevant guidance and requir:ements issued by Public Health - Seattle-and King County in response to the public health emergency. xi. Emergency housing and shelter facilities must comply with all applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xii. The church or religious institution must provide the city written documentation of the following: (a) A description of the proposed staffing and operational characteristics, including confirmation of sanitation and basic safety measures required for emergency shelters. (b) A description of the proposed population to be served and code of conduct to be observed including conflict resolution steps. (c) Criteria for rejection or removal of an individual seeking access to the facility. (d) A plan for managing the exterior appearance of the proposed site including trash/litter. Amend Title 75 KCC Emergency Housing and Iso lation / Qua ra nti ne Faci I ities 18 (e) A phone number, email, and point of contact at the site of the facility for the community to report concerns. (f) A plan for addressing reported concerns and documenting resolution, and making this information publicly available. (g) A proposed site plan showing compliance with all requirements set forth in this subsection (31) of this section and applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xiii. Emergency housing and shelter facilities must have two naloxone (Narcan) kits onsite, and staff must be trained in how to administer the naloxone (Narcan). xiv. The possession of any of the weapons described in RCW 9.41.280(1) at an emergency housing or shelter facility or the property occupied by the facility is prohibited. b. Emergency housing facilities Additional conditions. Emergency housing facilities must operate pursuant to an agreement with the city, approved by the director of economic and community development, and are subject to the following additional conditions: i. The emergency housing facility must be located within a permanent, enclosed building. ii. The emergency housing facility must be located on a lot that is a minimum of one acre in size. Amend Title 75 KCC Emergency Housing and Iso latio n / Qua ra nti ne Faci I ities 19 c, Emergency shelter facilities - Additional conditions. Emergency shelter facilities must be located within a temporary structure as described below, and are subject to the following additional conditions: i. Emergency shelter facilities are limited to a maximum sleeping occupancy of 35 people. The design of the temporary structure.shall include an occupant load factor of a minimum of 50 square feet per occupant and a three-foot aisle around the entire inside perimeter of the tent. ii. The emergency shelter facility must be located on a lot that is a minimum of two acres in size. iii. Emergency shelter facilities must be within a single, large temporary enclosure, such as a tensile membrane structure, or within multiple identical temporary enclosures, such as matching vinyl canvas tents, that are a minimum of 400 square feet in size. If the floor of a temporary enclosure does not provide insulation from the ground, camping cots or other off-ground sleeping structures must be provided, The use of small, individual tents or makeshift structures including, without limitation, those created with tarps or plastic is prohibited. iv. Gasoline-poweredgeneratorsareprohibited v. Smoking or open flames inside the temporary structure are prohibited, and the use of portable heaters within personal tents is prohibited. All heating equipment shall be in accordance with the adopted fire code. Amend Title 75 KCC Emergency Housing and Iso lation / Qua ra nti ne Faci I ities 20 vi. Emergency shelter facilities shall provide sanitation and basic safety measures including the following: (a) One portable or permanent toilet per 20 persons at a minimum, with a handwashing station at each toilet. (b) Rodent-proof litter receptacles and food storage containers. (c) Two large first-aid kits that include emergency eye wash bottles. (d) Secured area for dry supplies storage (blankets, clothing, food, first-aid). (e) Covered kitchen area at least 20 feet from any sleeping areas, with handwashing and dishwashing stations stocked with soap. (0 Cleaning supplies including work gloves, disposable gloves, trash grabber-tool, disinfectant, hand sanitizer, masks, buckets, paper towels, etc. (g) Feminine hygiene products (h) Three- to four-foot wide aisle between sleeping structures so as to be ADA compliant and accessible by emergency services personnel. Amend Title 75 KCC Emergency Housing and Iso lation / Qua ra nti ne Faci I ities 2t 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 KCC; 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 388-73-10166 and 388-76-10161; 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 KCC; Amend Title 75 KCC Emergency Housing and Iso lation / Qua ra nti ne Faci I ities 22 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 Chapter 14.01 KCC. Adequate space means floor area of no less than 70 square feet in size, no less than seven feet of ceiling height and shall not have any horizontal dimension less than seven feet. Egress means one emergency escape rescue opening at least 5.7 square feet, 24 inches high and120 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 KCC; b. The home shall be occupied by the owner or a nontransient 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 shoft-term rental requirements of Chapter 64.37 RCW. 35. Subiect to an approved conditional use permit meeting the conditions set forth below. Emergeneyemergency housing facilities are allowed in the Amend Title 75 KCC Emergency Housing and Iso lation / Qu a ra nti ne Faci I ities 23 DC, DCE.MTC-1, MTC-2. and MCR zoning districts. and emergencv shelters are not allowed in these same districts. !ng, the requirements of RCW 35A.21.360(10) the owner or ooerator is a religious organization. a. General conditions. Emergency housing facilities are alse subject to the following additional conditions: i. The emergency housing facility must be located within a permanent, enclosed building. ii. The emergency housing facility must be located on a lot that is a minimum of one acre in size. iii. Emergency housing facilities must operate pursuant to an agreement with the city, approved by the director of economic and community development. iv. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within 1,000 feet of the proposed emergency housing facility site. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of this section, if the city receives applications for proposed facilities that are within 1,000 feet of each other, the first complete application received by the city shall be given priority, Amend Title 75 KCC Emergency Housing and Isolatio n / Qu a ra nti ne Faci I ities 24 v. Emergency housing facilities shall be permitted to operate for a maximum of 90 consecutive days, and there shall be a minimum period of 90 consecutive days between operational periods during which the emergency housing facility does not operate. The 90-day period of nonoperation shall apply to the operation of any emergency housing facility followed by an emergency shelter facility and vice versa. vi. The person or organization that owns or operates the @shallbeprimarilyresponsiblefortheoperationand 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 person or organization contracts with a third party for the provision of any services related to the facility itself or its residents. vii, The emergeney heusing faeility shall eemBly with the {#&€2O({+ viii. The possession or use of illegal drugs at an emergency housing facility or the property occupied by the facility is prohibited. vljjix. Emergency housing facilities shall be responsible for the safety of residents of the facility, and shall establish a plan to remove individuals who present a threat to other residents or the property of other residents. ix. In the event of a public health emergency, the city may require an emergency response plan that is in substantial compliance with Amend Title 75 KCC Emergency Housing and Iso latio n / Qu a ra nti ne Faci I ities 25 relevant guidance and requirements issued by Public Health - Seattle and King County in response to the public health emergency. xi. Emergency housing facilities must comply with all applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xii. The owner or operator of the emergency housing facility must provide the city written documentation of the following: (a) A description of the proposed staffing and operationa I cha racteristics. (b) A description of the proposed population to be served and code of conduct to be observed including conflict resolution steps. (c) Criteria for rejection or removal of an individual seeking access to the facility. (d) A plan for managing the exterior appearance of the proposed site including trash/litter. (e) A phone number, email, and point of contact at the site of the facility for the community to report concerns. (f) A plan for addressing reported concerns and documenting resolution, and making this information publicly available. Amend Title 75 KCC Emergency Housing and Isolation / Qua ra nti ne Faci I ities 26 (g) A proposed site plan showing compliance with all requirements set fofth in subsection (35) of this section and applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xiii. Emergency housing facilities must have two naloxone (Narcan) kits on site, and staff must be trained in how to. administe.r: the naloxone (Narcan). xitiv. The possession of any of the weapons described in RCW 9.41.280(1) at an emergency housing or shelter facility or the property occupied by the facility is prohibited. ?6 Tcnlafinn and nrraranfine facilifiac rra crrhiacf fn tha fnllnrirrinn aanarrl conditions: a. An isolation and cuarantine facilitv mav operate under .a temoorarv use permit for 180 davs as authorized bv KCC 15.08.205. Any use bevond 180 days requires a conditional use permit in accordance with KCC. b. A minimum six-foot tall oerimeter fence with controlled access shall be installed prior to operation of the facility. c. On-site security personnel shall be oresent 24 hours a dav, seven davs a week to discourage ouarantined or isolated individuals from leavinq the facility and to control access. Amend Title 75 KCC Emergency Housing and Iso latio n / Qu a ra nti ne Faci I ities 27 d. The operator shall provide meals, medical services. supplies, rnrrncalinn enrl nthar carrricac ac naadad tn indirrirlrralc hnrrcarl at fha facilitv. e, The operator shall provide any necessary medical tra nsoortation service, f. The ooerator shall orovide transportation for residents to and from the facilitv to ensure thev are not reliant on oublic transoortation; g. The oossession or use of illegal drugs at an isolation and quarantine facilitv or the orooeftv occuoied bv the facilitv is prohibited. h. The facility will comply with apolicable state and local building, plumbing, electrical, mechanical, utilities, and fire code requirements durinq operation of the temporary quarantine and isolation facility. i. Prior to the issuance of a temporary use oermit or a conditional use oermit. the ooerator of the isolation and ouarantine facilitv shall orovide the city a written operational plan that includes: i. A olan for meeting the qeneral conditions listed in subsection 36. ii. A descriotion of the oroposed staffing and ooerational cha racteristics. iii. A descriotion of the prooosed population to be served. Amend Title 75 KCC Emergency Housing and Iso lat io n / Qu a ra nti ne Fa c i I it i es 28 A nhnna nrrmhar amail rrr.l rr.rinf nf .rrnf.a^f rf fha cifa of the facilitv for the community to repoft concerns. v. A plan for addressing reoofted concerns and dnrrrmenfinn rpcnlrrfinn and rnakinn fhic infnrrnatinn nrrhlirlrr :rrailahle vi. A olan for transportinq individuals back to their location of residence following the comoletion of the isolation or quarantine period. SECTION 7. - Amendment KCC 15.08.205. Section 15.08.205 of the Kent City Code, entitled "Temporary use regulations," is amended as follows Sec. 15.O8.2O5. Temporary use regulations. This section shall be known as the temporary use regulations. Provisions authorizing temporary uses are intended to permit occasional temporary uses, activities, and structures when consistent with the purpose of this title and when compatible with the general vicinity and adjacent uses. A. Permitted uses. The following types of temporary uses, activities, and associated structures may be authorized, subject to specific limitations in this section and such additional conditions as may be established by the planning director: 1. Model homes or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain. Amend Title 75 KCC Emergency Housing and Iso lation / Qu a ra nti ne Faci I ities 29 2. Contractor's office, storage yard, and equipment parking and servicing on the site of an active construction project. 3. Circuses, carnivals, rodeos, fairs, or similar transient amusement or recreational activities, 4. Indoor or outdoor aft and craft shows and exhibits. 5. Christmas tree sales lots, fireworks, and flower stands, limited to location on lots not used for residential purposes in commercial or industrial zoning districts. 6. Mobile home residences used for occupancy by supervisory and security personnel on the site of an active construction project. 7. Mobile home residential units used for occupancy of security personnel when not otherwise allowed as an accessory use. 8. Indoor or outdoor special sales, including swap meets, flea markets, parking lot sales, warehouse sales, or similar activities, limited to locations on lots not used for residential purposes in commercial or industrial districts, and when operated not more than ten (10) days in the same month, unless otherwise permitted by the city. 9. Temporary use of mobile trailer units or similar portable stt'uctures for nonresidential purposes, located in districts where the use is a permitted use. Amend Title 75 KCC Emergency Housing and Isolation / Qua ra nti ne Faci I ities 30 10. Seasonal retail sales of agricultural or horticultural products raised or produced off the premises, to be permitted in commercial or industrial zoning districts only. 11. Temporary signs relating directly to the temporary uses described in this section, which may be permitted for a period not-to exceed. the operation of the use. The signs may be poftable in nature and must be placed on the premises. No off-premises signs are permitted. No more than two (2) signs per use shall be permitted and no sign shall exceed a thifty- two (32) square feet total of all faces. Maximum sign height shall be eight (8) feet. No sign permit shall be required. t2. Garage sales, moving sales, and similar activities for the sale of personal belongings when operated not more than three (3) days in the same week or more than twice in the same calendar year. No permit is required. 13. Fund-raising carwashes. No permit is required; however, a car wash kit from public works operations is required. 14. Isolation and ouarantine facilities in the I1, 12 and 13 zoning districts for a period not to exceed 180 days unless approved through a conditional use permit. 1415, The planning director may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in compliance with the requirements and findings of subsection (C) of this section. Amend Title 75 KCC Emergency Housing and Iso lation / Qu a ra nti ne Faci I ities 31 B. Conditions of temporary use. 1. Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of temporary use upon completion or removal of the use. ," 2. A temporary use conducted in a parking facility shall not occupy or remove from availability more than twenty-five (25) percent of the spaces required for the permanent use, except in the downtown commercial (DC- 1) zoning district or as approved by the city council. 3. Each site occupied by a temporary use must provide or have available sufficient off-street parking and vehicular maneuvering area for customers. Such parking need not comply with the development requirements of Chapter 15.05 KCC, but must provide safe and efficient interior circulation and ingress and egress from the public right.of.way. 4. No temporary use shall occupy or use public rights-of-way, parks, or other public lands in any manner unless specifically approved by the city council, 5. No temporary use shall occupy a site or operate within the city for more than ninety (90) days within any calendar year, except as follows: a. When authorized by the planning director, a temporary use may operate an additional ninety (90) days if it is found that such an extension will be consistent with the requirements of subsection (C) of this section. Amend Title 75 KCC Emergency Housing and Iso lation / Qu a ra nti ne Faci I ities 32 b. When authorized by the hearing examiner, a temporary use may operate an additional one (1) year if it is found that such an extension will be consistent with the requirements of subsection (C) of this section. 6. All signs shall comply with the requirements of Chapter 15,O6- KCC, pertaining to sign regulations, except as otherwise specified in this section. 7. All temporary uses shall obtain, prior to occupancy of the site or culmination of activities, all required city permits, licenses or other approvals, €.g., business license, building permit, zoning permit, etc. 8. The planning director may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include but are not limited to time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following temporary use. C. Determinations. The planning director may authorize the temporary uses described in subsection (A) of this section after consultation and coordination with all other applicable city departments and other agencies and only when the following determinations can be made: 1. The temporary use will not impair the normal; safq and effective operation of a permanent use on the same site. Amend Title 75 KCC Emergency Housing and Iso lation / Qua ra nti ne Faci I ities 33 2. The temporary use will be compatible with uses in the general vicinity and on adjacent properties. 3. The temporary use will not impact public health, safety, or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity.. 4. The use and associated structures and living quarters will be conducted and used in a manner compatible with the surrounding area. 5. The temporary use shall comply with all applicable standards of the Seattle King County health department. D. Application and authorization 1. Application to conduct a temporary use shall be made to the planning department, and shall include such information as the planning director may require to evaluate the use and to make the determinations required by this section. 2. Application shall be made prior to the requested date for commencement of the temporary use, and the planning director shall make a determination whether to approve, approve conditionally, or deny the temporary use within ten (10) days after the date of application. 3, Authorization of a temporary use shall be by issuance of a zoning permit. Amend Title 75 KCC Emergency Housing and Iso latio n / Qua ra nti ne Faci I ities 34 4. A temporary use authorized pursuant to this section shall not be exempted or relieved from compliance with any other ordinance, law, permit, or license applicable to such use, except where specifically noted. SECTION 8. - Contemporaneouslv passed ordinances. Amendments reflected in this ordinance are changes to the Kent City Code as it existed on October 20, 2O2O, prior to the meeting at which the ordinance was passed by the council, It is recognized that another ordinance that amends some of the same sections as this ordinance was passed by the council on the same date. These two ordinances shall be considered approved contemporaneously for the purposes of revising the code. The code reviser is instructed to incorporate the amendments of both ordinances into the Kent City Code as if passed as one ordinance. SECTION 9. - 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 70, - Corrections bv Citv 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 correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. Amend Title 75 KCC Emergency Housing and Iso lation / Qu a ra nti ne Faci I ities 35 SECTION ll. - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage as provided by law' DANA MLPH, MAYOR October 20, 2020 Date Approved ATTEST: a 0 KIMBERLEY A.OTO, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT'' FITZPATRICK, CITY ATTORNEY October 20, 2020 Date Adopted October 23. 2020 Date Published Amend Title 75 KCC EmergencY Housing and Isotation / Qua ra nti ne Facil ities 36 Classified Proof 238398 - City of Kent, City Clerk - LEGAL ADS Fourth Ave S ffiKent,wA,98o32 11426 3030 - Legal Notices 10n3/2020 1012312020 1 Reporter 9470 - Jennifer Tribbett $##ffi$,#*l F-YJ3lt&:st'{r{ : r/4r irJ::'rl .t. 856-5728 KOMOTO 4372-4373 8280 l0/ I 5 /2020, 02:01 :07 pm 802-8212 ffi€ $93.03 $0.00 $0.00 $93.03 $0.00 Proofed by Jennifer Tribbett, 10/15/2020 02:07:42pm Page: I Classified Proof The following are surF maries of ordinances passed by the Kent City Council on October 20, CITYOF KENT I{OTICE OF 0RtlltrtANcEs PASSED BY THE CITY COUNCIL 2020. ORDINANCE NO, 4372 - AN ORDINANCE o{ the City Council of the Cig of Kent, Washing- ton, amending sections 12.01, 't2.04. 15.02, rJ.v+, dIU rJ.sg.uJJr and 15.09 of the Kent City Code to rnodemhe processes and proc,e- dures and clean up er- rors, This ordinance shall take effect and be in iorce 30 days from and after its passage, as provided by law. ORDINANCE NO. 4373 -AN ORDIMNCE of the City Council of the Cityof Kent, l hshington, recognizing isolation and quarantine facilities as a land use and designat- ing the proper zoning districts and conditions therefore; amending the definitions of emergency housing facility and emergency shelter; rees- tablishing the zoning dis- tricts where emergency housing facilities may be located; and amending the definitions of hotel and mot€I. This ordinance shall take effect and be in force 30 days from and after its passage as provided by law. A copy o{ the complete text of any ordinance will be mailed upon request of the City Clerk. Kimberley A. Komoto, City Clerk Kkomoto@KentWA.gov Proofed by Jennifer Tribbett, 10/15/2020 02:07:42 pm Page:2 Classified Proof 253€56-5725 # 911426 10123t20 Proofed by Jennifer Tribbett, l0ll5/2020 02:07:42 pm Page: 3 STATE OF WASHINGTON, COUNTY OF KING} AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Rudi Alcott, being first duly sworn on oath that he is the Vice President of Advertising for Sound Publishing, which publishes the Kent 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, a: Public Notice was published on October 23, 2020 The full amount of th I fee charged for said foregoing publication is the sum of SW 3 Rudi Alcott Vice President, Advertising Subscribed and sworn to me this 23rd day of October, 2020. Irt ifer Tribbett, Notary Public for the State of Washington, Residing in ing, Washington gitilttt Nt l � o Iv0TA it s PUBLIC :��.A`.. � • Via.