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A. Applicability. This section applies to each Secure Community Transition Facility within the City. The requirements of this section shall be imposed at the initiation of any Secure Community Transition Facility use, and upon any addition or modification to a Secure Community Transition Facility use or structure housing that use.

B. General.

1. Wherever located in the City, a Secure Community Transition Facility requires a Conditional Use Permit, Part 20.30B LUC or Part 20.30C LUC, prior to establishment of the facility.

2. The applicant for the Secure Community Transition Facility shall certify compliance with all applicable use requirements and conditions of this section in the application for conditional use required in subsection 1.

C. Use Requirements. The following requirements apply to each Secure Community Transition Facility:

1. The applicant must demonstrate that the facility meets the definition of Secure Community Transition Facility.

2. The Secure Community Transition Facility and its operator must have received all necessary permits or approvals from the State of Washington Department of Social and Health Services.

3. The applicant must demonstrate compliance with State of Washington Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, now or as hereafter amended.

4. The applicant must demonstrate compliance with the requirements of RCW 71.09.285 through 71.09.340 inclusive, now or as hereafter amended.

For purposes of this section, the applicant must demonstrate compliance with the cited guidelines and statutory provisions through a written description specifically describing the steps taken to satisfy such guidelines or statutory requirements. In the event that compliance with the cited guidelines and statutory provisions can occur only during the construction of the facility or during its operation, then the applicant shall set forth the specific steps that will be taken to comply with such provisions, and such steps shall be made a condition of the Conditional Use Permit for the facility.

D. Conditions.

1. The City may impose conditions to mitigate any and all potential adverse impacts of the facility on surrounding uses, except that for the requirements specifically addressed in RCW 71.09.285 through 71.09.340 inclusive, now or as hereafter amended, such conditions may not impose restrictions on the facility greater than those set forth in the cited statutory provisions.

2. The City shall impose a condition on the Conditional Use Permit for the facility limiting the number of beds to those requested by the applicant. Any increase in the number of beds beyond that applied for by the applicant and included in the Conditional Use Permit shall require an amendment to the Conditional Use Permit pursuant to LUC 20.30B.175 or LUC 20.30C.185.

E. Additional Public Safety Measures. The City may seek additional public safety measures for any facility proposed under this section beyond those suggested by statute or proposed by the applicant. The City shall submit the comments to the Department of Social and Health Services in the manner and at the times set forth in Chapter 71.09 RCW now or as hereafter amended. The City may petition the governor to designate a person with law enforcement expertise to review the Department of Social and Health Services response to the City’s comments in the manner set forth in Chapter 71.09 RCW.

F. Additional Risk Potential Activities. The City may suggest additional Risk Potential Activities, as defined in RCW 71.09.020(7), now or as hereafter amended, for consideration by the Department of Social and Health Services, consistent with the provisions of RCW 71.09.020(7), now or as hereafter amended. (Ord. 5404, 8-5-02, § 3)

Sewage Pumping Stations: See Public Utilities, this chapter.