ORD 13-747and
ORDINANCE NO. 13 -747
AN ORDINANCE of the City of Federal Way, Washington, imposing
a six month moratorium on Group Homes Type III and other
activities involved in the City's review and permitting of sex offender
housing and setting a date for a public hearing.
WHERERAS, the City regulates sex offender group housing as a Group Home Type III;
WHEREAS, the Department of Corrections ( "DOC ") provides housing vouchers to sex
offenders; and
WHERERAS, the legislature passed ESB 5015, effective July 28, 2013, that requires the
Department of Corrections to maintain a list of housing providers that may accept DOC housing
vouchers if more than two voucher recipients reside in a dwelling unit; and
WHEREAS, ESB 5015 allows the City to provide DOC with a community impact
statement that includes the number of other special needs housing in the neighborhood and a
review of services and supports in the area to assist sex offenders; and
WHEREAS, the community impact statement is used by DOC in determining where
housing providers may be located; and
WHEREAS, ESB 5015 also allows the City to inspect and issue a certificate of
inspection to housing providers, and if the housing does not pass inspection, request that the
housing provider be removed from DOC's list of approved housing providers; and
WHEREAS, the City needs time to develop a community impact statement; and
WHEREAS, the City also needs time to updated its Group Home Type III zoning
regulations; and
Ordinance No. 13 -747 Page 1 of 4
WHEREAS, the City desires to maintain the status quo until the community impact
statement is developed and the Group Home Type III zoning regulations are adopted; and
WHEREAS, businesses that are providing group housing to sex offenders are subject to
the City's business regulations; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a
moratorium; and
WHEREAS, the adoption of this moratorium is exempt from the requirements of a
threshold determination under the State Environmental Policy Act; and
WHEREAS, the desire to maintain the status quo and the potential adverse impacts on
the public health, property, safety and welfare of the City and its citizens if this Ordinance does
not take effect immediately, justify the declaration of an emergency and the designation of this
ordinance as a public emergency ordinance necessary for the protection of public health, public
safety, public property or the public peace by the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section ' 1. Findings. The City Council of the City of Federal Way makes the following
findings of fact:
(a) The forgoing whereas provisions are adopted as findings of fact.
(b) A moratorium is necessary to provide the City with sufficient time to respond to
ESB 5015.
(c) A moratorium is necessary to preserve the status quo until the City adopts
appropriate zoning, health safety, and/ or licensing regulations.
Ordinance No. 13 -747 Page 2 of 4
Section 2. Moratorium Established
No housing provider on the Department of
Corrections housing provider list shall be allowed to operate in the City. No Group Home Type
III use shall be approved. The Clerk shall not accept applications or issue licenses to new
businesses desiring to establish sex offender group homes.
Section 4. Duration of Moratorium. This moratorium shall be in effect for six months
from the effective date of this ordinance.
Section 5. Public Hearing. A public hearing for this moratorium will be held on October
15, 2013, at the regularly scheduled City Council Meeting.
Section 6. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 8. Effective Date. By unanimous consent, the Council finds that this moratorium
is for a public emergency and needed for the immediate support of City governments and is not
subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and
be in full force upon adoption.
Ordinance No. 13 -747 Page 3 of 4
PASSED by the City Council of the City of Federal Way this 3`d day of September, 2013.
CITY OF FEDERAL WAY
MAYOR, S IP PRIEST
ATTEST:
coav m�'Olud
CITY CLERK, CARZ5L NEILLY, MC
APPROVED AS TO FORM:
0W ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
9 -3 -2013
9 -3 -2013
9 -6 -2013
9 -3 -2013
13 -747
Ordinance No. 13 -747 Page 4 of 4