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City of Puyallup

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AI- 3501   10.    
City Council Agenda
Meeting Date: 02/05/2013  
Subject:    Ordinance amending Puyallup Municipal Code Titles 5 and 20 pertaining to clustering of sex offenders and violent felons
Presenter: Kevin Yamamoto/Steve Kirkelie
Department: City Attorney's Office  

Information
Recommended Action
Conduct first reading of an ordinance that prohibits the clustering of sex offenders and violent felons in dwellings located in residential zones by adding a new chapter to the business licensing regulations in Puyallup Municipal Code Title 5 and amending various sections of the zoning code in Puyallup Municipal Code Title 20.   
Background
City Council has held well-attended community meetings and public hearings over the past six months pertaining to the issue of sex offenders and violent felons congregating into one rental dwelling in a residential zone. The public testimony has been overwhelming that clustering of sex offenders and violent felons into a single residence in a neighborhood will have significant detrimental impacts to Puyallup’s neighborhoods. Allowing a landlord to profit at the expense of the safety and character of a neighborhood is not a situation residents want in Puyallup.

Hearing the community’s concerns, the City Council discussed various options of addressing this issue and gave City staff direction to return with an ordinance that would limit two or more sex offenders and violent felons from living in one dwelling. The ordinance that accompanies this agenda bill, in summary, prohibits two or more sex offenders or violent felons from living in the same dwelling in a residential zone and requires a property owner in the Central Business District zone or Central Business District-Core zone to obtain a conditional use permit (CUP) before allowing two or more sex offenders or violent felons to reside in a dwelling.  In addition, the ordinance adds a chapter to the City's business license regulations that will allow the City to impose additional conditions in a business license based on significant impacts certain businesses may have on the community.   

Amendments to Title 20 “Zoning Code”

The ordinance prohibits two or more sex offenders from living in the same residence in any residential zone in the City. Also, it requires that a property owner must submit and receive a CUP before allowing two or more sex offenders or violent felons from living in the same residence within the Central Business District and Central Business District-Core zones. The City would not issue a CUP if a similar permit has already been issued for another dwelling within 880 feet. The CUP process requires a public hearing before the hearing examiner and allows the City to seek conditions that address public safety and welfare.


New PMC Chapter 5.90 – “Significant Impact Business”

This new chapter to the City’s business licensing regulations allows the City to impose additional conditions in a business license to address harmful impacts on the community from certain businesses such as airports, hazardous waste facilities, and facilities where two or more sex offenders reside.  For example, the City could require a "significant impact business" to provide high amounts of liability insurance, to post a bond, or provide other types of security.         

Previous Actions (Discussions/Presentations)
August 2, 2012
City Council held a well-attended public meeting at the Pioneer Park Pavilion regarding a potential halfway house off Shaw Road that would house multiple sex offenders.

August 7, 2012
City Council adopted Ordinance 3013 that imposed a moratorium on accepting or processing of any applications or permits associated with halfway houses when such halfway houses would be occupied by two or more sex offenders or violent felons.

September 25, 2012
As required by state law, the City Council held a public hearing within 60-days of adopting a moratorium. The public hearing, which was held at Pioneer Park Pavilion, was well-attended by hundreds of Puyallup residents concerned with halfway houses for sex offenders and violent felons.

December 5, 2012
City staff made a presentation to Puyallup Planning Commission regarding the moratorium and Commissioners provided City staff with various concepts for potential halfway house zoning regulations.

January 22, 2013
City Council held a public hearing and extended the moratorium through August 7, 2013. 
Summary of Proposal

If adopted, the ordinance that accompanies this agenda bill would prohibit two or more sex offenders or violent felons from living in a single dwelling unit within any residential zone in Puyallup.  Also, it requires property owners in the CBD and CBD-Core zones to obtain a conditional use permit before allowing two or more sex offenders or violent felons from residing together.  The ordinance also adds a new component to the City's business licensing regulations by allowing the City to impose additional requirements in a business license issued to a "significant impact business" based on potential harmful impacts on the community from business operations. 

 

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