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HomeMy WebLinkAboutOrdinance No. 1008Ordinance No. 1008 MEDINA CITY COUNCIL AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING PORTIONS OF TITLE 16 OF THE MEDINA MUNICIPAL CODE INCLUDING MMC CHAPTERS 16.12, 16.21, AND 16.31 TO IMPLEMENT E2SHB 1220 AND ALLOW PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING FACILITIES IN ALL LAND USE DISTRICTS WHERE RESIDENTIAL DWELLINGS ARE ALLOWED AND MAKING OTHER RELATED CHANGES FOR CONFORMANCE AND CONSISTENCY WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2021, the Washington State Legislature enacted Engrossed Second Substitute House Bill 1220 (E2SHB 1220, effective July 25, 2021), which requires Washington municipalities, including the City of Medina, to (1) implement, allow and regulate the development and operation of permanent supportive housing and transitional housing facilities in all land use districts where residential dwellings are allowed; and (2) to plan for and accommodate various affordable, supportive, transitional and other housing types in the next Comprehensive Plan update to the extent applicable in the municipality's zoning classifications; and WHEREAS, the purpose of this Ordinance is to address the first topic above — development and operation of permanent supportive housing and transitional housing facilities in each of the City's zone districts where residential dwellings are allowed; and WHEREAS, the City of Medina allows residential dwellings in each of the City's zoning districts; and WHEREAS, existing Comprehensive Plan Goal H-G2 directs the City to explore affordable housing opportunities; and WHEREAS, the Medina Planning Commission reviewed and evaluated proposed amendments to the Medina Municipal Code (MMC or Code) that would implement, allow and regulate the development and operation of permanent supportive housing and transitional housing in the City's residential land use districts; and WHEREAS, the City published a legal notice in the Seattle Times on November 22, 2021 for a virtual public hearing before the Planning Commission to solicit and receive public testimony regarding the proposed amendments; and WHEREAS, the Planning Commission duly held a public hearing on December 14, 2021 for that purpose; and WHEREAS, after considering staff recommendations, hearing public comment and reviewing the record, the Planning Commission voted to recommend approval of proposed amendments to the City Council for review in 2022; and Ordinance No.1008 Page 1 of 15 WHEREAS, the City provided a Notice of Intent to Adopt code amendments required by E2SHB 1220 to the Washington State Department of Commerce (Commerce) in accordance with RCW 36.70A.106 and MMC 16.81.070 on December 17, 2021; and WHEREAS, a State Environmental Policy Act (SEPA) environmental checklist was prepared for the proposed amendments and a Determination of Non -Significance (DNS) was issued thereon on December 20, 2021; and WHEREAS, the City Council duly held two public meetings to consider and review the proposed amendments; and WHEREAS, the City published a legal notice in the Seattle Times on February 17, 2022 for a virtual public hearing on March 14, 2022 before the Medina City Council to solicit and receive additional public testimony regarding the Planning Commission's recommendation on the proposed amendments and additional changes and amendments thereto; and WHEREAS, the City Council has considered and reviewed the proposed amendments, City Staff recommendations, and public testimony, and hereby finds that the amendments reflected and set forth herein are consistent with the requirements of E2SHB 1220 and the Medina Comprehensive Plan, will enhance the public health, safety and welfare, and will advance the public interest; and WHEREAS, the City Council therefore desires to amend the existing MMC sections and chapters as set forth in this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council adopts the foregoing recitals as its findings and conclusions concerning the matters described therein, also intending thereby to provide a record of the facts, issues, and process involved in this consideration. Section 2. Amendment to MMC Section 16.12.170. Section 16.12.170 of the Medina Municipal Code is amended to read as follows: 16.12.170 "P" definitions. "Parcel." See definition of "lot." "Park, public" means a natural, landscaped, or developed area, which may or may not contain structures, that is provided by a unit of government to meet the active or passive, outdoor or indoor, recreational needs of people. "Parking area" means any area designed and/or used for parking vehicles and other motorized transportation. "Parking space" means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. "Parties of record" means: 1. The applicant and any appellant; Ordinance No.1008 Page 2 of 15 2.The property owner, Udifferent than the applicant; 3. The City; 4. Any person or public agency who individually submitted written comments to the city prior tOthe closing Ofthe comment period provided iO@legal notice; 5. Any person or public agency who individually submitted written comments for or testified u1apnedeciaionhearing; 6. Any person or public agency who submitted to the city a written request to specifically receive the notice of decision or to be included as a party of record prior to the closing of an open -record pnedeciaionhearing. 7.Aparty ofrecord does not include operson who has only signed o petition.(See MW1C 10.8O.18O] ^PaUo^means 8hard surfaced area ofthe ground beyond obuilding designed, en[ob|ished and/or installed to provide for outdoor living, cooking and recreation, some sides of which are open and which may ormay not have opermanent overhead covering. "Penthouse, stair and elevator" means an enclosed structure on or above the roof of any part of a building, which is designed or used for ingress and egress by means of stairs or an elevator. wx MM the resident of the h with commun health care t HE EMI bedding course to allow water to infiltrate. "Permeable avement" means a low imPact devel Dment best mana(ement practice consisting often includes an aggregate base that rovides structural support and acts as a stormwater "Permit fee" means a payment of money imposed upon development as a condition of application for or approval of development to cover the costs of processing applications, inspecting and reviewing plans or other information required to be submitted for purpose of evaluating an application, or inspecting or monitoring development activity. Ordinance No. 1008 Page 3 of 15 "Person" means, as used in this title, any individual, partnership, association, corporation, unit of government or any other legal entity. "Personal wireless service facilities" means the same as that phrase is given meaning pursuant to 47 U.S.C. 332(c)(7)(C)(ii). "Personal wireless services" means the same as that phrase is given meaning pursuant to 47 U.S.C. 332(c)(7)(C)(i). "Pervious concrete" means a type of permeable pavement made with a rigid pavement similar to conventional concrete with the fine material reduced to form voids between the aggregate and allow water to infiltrate. "Planned land use development (PLUD)" means the provisions for varying zoning requirements adopted by Ordinance No. 213 and repealed by Ordinance No. 435. "Plantable area, right-of-way" means the pervious surface portion of the city's street rights -of - way located between the street surface edge and the adjoining property line. The plantable area also includes the area of any planting strip between the existing sidewalk or pathway and the edge of the street. The plantable area excludes the sidewalk and driveways. "Planting bed boxes, raised" means a series of walls fit closely together, without a cover, each wall one foot wide or less, used to frame soils elevated above the finished grade for growing plants and built of timber, stone, brick, concrete and similar types of framing materials. "Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications. "Plat certificate" means a title report or subdivision guarantee that is prepared by a title company for the property contained in a proposed short subdivision, subdivision or binding site plan, to include, as a minimum, all owners of record, easements and encumbrances affecting said property. "Plat, final" means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and Chapter 58.17 RCW. "Plat, preliminary" means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision or short subdivision. "Plat, short" means the map or representation of a short subdivision. "Ponds" means areas of open water fed by springs, or fed by natural and enhanced drainage ways, which are so intrinsically associated with a wetland, stream or natural watercourse as to merit protection under the provisions of this chapter. "Porch" means a structure abutting a main wall of a building having a roof, but with walls that are generally open and unenclosed and with direct access to or from a building. An uncovered porch is similar to an uncovered deck, but provides main access to or from a building. (See "deck" and "veranda.") Ordinance No.1008 Page 4 of 15 "Porous asphalt" means a type of permeable pavement made with a flexible pavement similar to standard asphalt that uses a bituminous binder with the fine material reduced to form voids between the aggregate and allow water to infiltrate. "Practical alternative" means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having fewer impacts to critical areas. "Premises" means the same as the definition in MMC 8.04.010(D). "Priority habitat" means habitat type or elements with unique or significant value to one or more species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element (WAC 173-26-020(28)). "Profit" means the value difference in what a building or structure is worth as a result of improvements made to the building or structure, and the cost of replacement of the building or structure. For the purpose of this chapter "profit" shall be an estimate. "Project permit" or "project permit application" means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, conditional/special uses, shoreline permits, site plan review, permits or approvals required by critical area ordinances, site -specific rezones authorized by a comprehensive plan, tree removal permits, and right-of-way permits, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations. "Property line" means the legal boundary of a parcel of land. "Property line, front" means, unless otherwise set forth in this title, the property line contiguous with the street right-of-way. "Property line, rear" means, unless otherwise set forth in this title, any property line other than the front property line which is parallel to the front property line or within 45 degrees of being parallel to the front property line. "Property line, side" means any property line that is not a front or rear property line. "Pruning" means the selective removal of branches and/or trunks following ANSI standards for safety, health, structure, shape, and aesthetics. This definition includes trimming. Except where approved by the city arborist to reduce a hazard, pruning shall be consistent with one of the following methods: 1. Clean: Cleaning a tree shall consist of pruning to remove one or more nonbeneficial parts: dead, diseased, and/or broken branches; 2. Raise: Selective pruning to provide vertical clearance; 3. Reduce: Selective pruning to decrease the height and/or spread of a tree and shall not reduce the foliage crown by more than 25 percent annually (this method is employed to minimize risk of failure, balance the canopy, height and spread reduction, utility clearance or to improve tree aesthetics); or Ordinance No.1008 Page 5 of 15 4. Thin: Selective pruning to reduce the density of small live branches typically in the 10 to 15 percent range of the foliage crown, but not exceeding 25 percent annually. "Pruning, hazard" means removing hazardous branches throughout a canopy, or in a clearly specified area of the canopy where safety considerations are paramount. Such branches may be broken, exceedingly weighted, or cracked. "Public meeting" means an informal meeting, hearing, workshop, or other public gathering of persons to obtain comments from the public or other agencies on a proposed project permit prior to the city's decision. A public meeting does not include an open -record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city's project permit application file. "Public safety use" means police, fire and similar emergency services provided by a public entity. Section 3. Amendment to MMC Section 16.12.210. Section 16.12.210 of the Medina Municipal Code is amended to read as follows: 16.12.210 "T" definitions. "Target," when used for assessing hazard trees, means people, property or activities that could be injured, damaged, or disrupted by a tree. "Target, likelihood of impact" means the chance of a target being impacted by a failed part of a tree. The likelihood of impacting a target can be categorized as follows: 1. Very low: the chance of the failed tree or branch impacting the specific target is remote; 2. Low: it is not likely that the failed tree or branch will impact the target; 3. Medium: the failed tree or branch may or may not impact the target, with nearly equal likelihood; or 4. High: the failed tree or branch will most likely impact the target. In evaluating the likelihood of impacting a target, the occupancy rate of the target and any factors that could affect the failed tree as it falls towards the target shall be used in determining the likelihood of impact. "Temporary public facility" means a land use and/or facilities owned, operated, and maintained temporarily by a city government agency, a public or nonprofit school, or religious organization. "Terrace" means a level platform or shelf of earth supported on one or more faces by a wall, bank of turf, stable inclined grades, or the like. "Title report" means the written analysis of the status of title to real property, including a property description, names of titleholders and how title is held (joint tenancy, etc.), encumbrances (mortgages, liens, deeds of trusts, recorded judgments), and real property taxes due. "Tract" means an extended area of land reserved exclusively for a special use such as open space, surface water retention, utilities, or access. Tracts reserved for a special use are not considered building sites. Ordinance No.1008 Page 6 of 15 "Transitional housing" means one or more nonprofit organization or governmental entity in which siup ortive services individuals and families that were formerly homeless, with the intent to stabilize them and move ore than twenty-four months or lon in need of "TPe8SUner,county" means the person defined iDChapter 3640 RCVV.Orthe office Ofthe person assigned such duties under the King County Charter. "Treatment best management practice" means a facility designed to remove pollutants contained in stormw8ter. Some methods Ofpollutant nampv8| include a8dim8nt8Uon/sett|ing, fi|troUon, plant uptake, and bacterial decomposition. Tr8@tmentBMPS ino|ud8, but are not limited to: vegetated filter strips, oil and water separators, biofi|tradon avva|ea. and linear sand filters. Further information can be found in the stormwater manual adopted under MMC 13.06.020. "Tree" means a self-supporting woody perennial plant, excluding a bush or shrub. "Tree, dead" means a tree that is no longer alive, has been removed beyond repair, or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches exists to sustain life) and has been determined to be in such a state by a certified arborist during 8 nnnd0rnnont or other natural stage of the tnBo that would minimize the likelihood that the tree would be mistakenly identified as being in such 8 dead state. ^Tree.hedge" means orow ofsmaller trees planted close together and growing inadense continuous line 2Ofeet iDlength OFlonger that form 8thicket barrier. "Tree protection zone" DlS@DS area identified by the din8CtO[ in which DO SOi| diStUd38DQeS are permitted and activities are restricted. ^'T[8H. right-of-way" OO88OS 8tree with at least two-thirds Ofits trunk diameter OD public right-of- way. "Tree risk" means the combination 0fthe likelihood Of8Oevent and the severity Ofthe potential consequences. In the context of trees, risk is the likelihood of a conflict or tree failure occurring and affecting otarget and the severity 0fthe associated consequences: personal injury, property d8rD@08, Or diSnJpUOD of activities. Risk is evaluated by categorizing Or quantifying both the likelihood (probability) of occurrence and the severity of the consequences. "Tree species" means group Oftrees that resemble each other closely and interbreed freely. "Tree topping" means aninappropriate technique tureduce tree size that cuts through ostem more than two years old atonindiscriminate location. "Truck gardening" means the same as "market gardens," which is the anna||-aua|e production of h'UitS' vegetables and flowers, frequently sold directly to COnSUnnerS. Section 4. Amendment to MMC Section 16.21.030. Section 10.21.030 of the Medina Municipal Code isamended [oread oefollows: Ordinance No. 1008 Page 7 of 15 16.21.030 Use table. Table 16.21.030 establishes those uses which are permitted, those uses subject to specific development standards, and those uses requiring special approval and that are prohibited within each zoning district. Table 16.21.030: Land Use Table Uses R-16 Zone R-20 Zone R-30 Zone SR-30 Zone NA Zone Public Zone Residential Uses Accessory Dwelling Units P P P P P P Accessory Recreational Facilities A A A A A A Accessory Recreational Facilities — Minor L L L L L L Accessory Uses — On -Site P P P P P P Accessory Uses — Off -Site L L L L L L Adult Family Home L L L L L L Detached, Single -Family Dwelling P P P P P P Family Day Care Home L L L L L L Manufactured Home L L L L L L Permanent Supportive Housinq L L L L L L Transitional Housing L L L L L L Nonresidential Uses Automobile Service Station L Automobile Mechanical Repair L Commercial Horticulture/Truck Gardening/Agriculture, Excluding the Raising of Animals L Clubhouse — Public/Private SU SU Golf Course SU SU Historical Use H H Home Business L L L j L P P Public and Institutional Uses City Government Facilities CU Post Office SU Public Safety CU Public Park P P P P P P Electrical Power and Utility Substation SU SU SU SU SU SU Ordinance No.1008 Page 8 of 15 Uses R-16 Zone R-20 Zone R-30 Zone SR-30 Zone NA Zone Public Zone Accessory Recreational Facilities — Public P P P P P P Religious Facility SU SU SU SU SU SU School — Public/Private (Preschool to Grade 12) SU Temporary City Government Facilities L L L L P P Wireless Communication Facilities SU SU SU SU SU Shoreline Uses See Chapter 16.62 MMC for a list of uses within the shoreline jurisdiction. *See MMC 16.21.020 for explanation of "P," "L," "A," "SU," "CU," and "H." Section 5. Amendment to MMC Chapter 16.31. Chapter 16.31 of the Medina Municipal Code is amended to add new Section 16.31.060 and read as follows: Chapter 16.31 LIMITED USES Sections: 16.31.010 Home business. 16.31.020 Adult family homes and family day care homes. 16.31.030 Manufactured homes and trailers. 16.31.040 Automobile -related service uses. 16.31.050 Commercial horticulture, truck gardening, and agriculture uses. 16.31.060 Permanent supportive housing and transitional housing facilities. 16.31.010. Home business. A. Permissive use. A home business is permitted within a single-family dwelling provided it meets all the standards and requirements of this section. Home business is defined in MMC 16.12.090. Activities not able to meet all the standards and requirements of this section may be performed in non-residential zone districts of the city if otherwise allowed under the MMC. B. Standards. Every home business shall meet the following standards: The home business shall be clearly incidental and secondary to the use and function of the single-family dwelling as a residence. 2. All external indications of or impacts from a home business shall be compatible with the residential character and nature of the neighborhood. 3. The home business shall not cause or result in material changes in neighborhood safety, traffic, number or frequency of vehicle trips, parking demand or parking requirements. Ordinance No.1008 Page 9 of 15 4. The following are prohibited in connection with a home business: signs; noise; smoke or odors detectible outside the dwelling; retail trade; pickup and delivery; external structure modifications; and exterior lighting. C. Requirements. Every home business shall meet the following requirements: The home business shall be located and operated wholly within the single-family dwelling. 2. No more than one person may be employed who is not a family member residing in the residence. 3. Any employee, client(s) and family members shall use off-street parking exclusively. 4. Not more than two vehicles owned or operated by an employee and/or a client shall be parked on the premises at any time. 5. All required local, regional, state, and federal permits and licenses shall have been obtained and shall be current and valid. 6. All required permits and authorizations for the dwelling structure and other attributes of the property and premises shall have been issued by the city and be in current compliance with the Medina Municipal Code. D. Exclusions. The following activities are not allowed as a home business: Storage, receipt or transfer of equipment, materials, and commodities. 2. Stables, kennels, or husbandry of animals; any activities involving any exotic animal or farm animal; activities that are not permitted by MMC chapter 6.04. 3. Agriculture farming and sales activities. 4. Vehicle repair, automobile detailing or automotive servicing activities. 5. Production or storage of any hazardous waste or substance. 6. Any nonconforming use, however or whenever established. 7. Any activity that is prohibited by the Medina Municipal Code. E. Enforcement. Pursuant to MMC 16.10.040 and 16.10.050, the director shall apply the provisions of this section to the activities of a home business whenever necessary or appropriate to determine whether the home business meets the requirements and standards of the Medina Municipal Code, and shall issue findings and a decision thereon. 16.31.020. Adult family homes and family day care homes. A. Adult family homes are a permitted use in any zone allowing a single-family dwelling provided the adult family home complies with underlying zoning requirements and the requirements set forth in Chapter 70.128 RCW. B. Family day care homes are a permitted use in any zone allowing a single-family dwelling provided they have obtained a permit for operation from the city. Permits shall be issued by the city, at no cost, upon proof that the family day care home has obtained all necessary licenses and approvals from the state to operate such a facility. 16.31.030. Manufactured homes and trailers. A. Manufactured homes are permitted pursuant to RCW 35A.21.312 provided: Ordinance No.1008 Page 10 of 15 At the time of installation, the manufactured home is new; 2. The manufactured home is placed upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative; 3. The manufactured home shall comply with all zoning requirements such as structural coverage, lot area, setbacks, and height; 4. The manufactured home is thermally equivalent to the State Energy Code; and 5. The manufactured home meets all other requirements for a designated manufactured home as defined in RCW 35.63.160. B. Trailers for temporary occupancy. The owner of a parcel of land where no single-family dwelling is situated may occupy one trailer as a temporary dwelling during the construction of a new dwelling thereon provided: A valid building permit for construction of a single-family dwelling has been issued and a good faith effort is being made to start construction of said dwelling immediately, and work is pursued with diligence; 2. The trailer is located in a manner so as to not in any way impede egress or ingress to people traveling over joint roads or easements to other properties; 3. All city and state regulations relating to sanitation, garbage and trash disposal, water and other utilities are met to the satisfaction of the city; 4. A temporary use permit is issued pursuant to MMC 16.70.060; and 5. The trailer does not reduce the number of parking spaces below three required for construction vehicles. C. Construction trailers erected during the construction phase of a project are allowed provided the trailer is removed prior to the completion of the project. Construction trailers may be located within zoning setback areas provided they are screened from abutting properties; however, they are not allowed within shoreline setback areas. 16.31.040. Automobile -related service uses. This section establishes the development criteria that apply to automobile -related service uses, including accessory uses. A. The minimum setbacks for buildings and structures shall be as follows: 1. From front property lines: 30 feet; 2. From rear property lines: 30 feet; 3. From side property lines: 15 feet, except where the lot abuts a residentially zoned property, then the minimum setback shall be 30 feet. B. Requirements for parking. Minimum off-street parking shall be provided as follows: a. One space for each employee on duty at any time; plus b. One space for each 1,000 square feet of the gross floor area of the principal building; and c. Six spaces for vehicle storage, which may be covered or uncovered; Ordinance No.1008 Page 11 of 15 2. At least one additional off-street parking space per building shall be provided and designated as a load/unload area; 3. Design standards for parking spaces: a. Spaces may be covered or uncovered; b. Minimum 250 square feet of surface area per parking space; c. Spaces shall be improved with an all-weather surface such as asphalt or concrete, but not gravel, and shall include facilities for surface water runoff; d. Spaces shall be arranged and marked in a manner that does not impede access to the lot; e. For parking design requirements, refer to Chapter 16.39 MMC, Parking. C. Minimum landscaping and screening requirements. 1. Where the automobile -related service use abuts along residentially zoned property, either a six-foot in height fence, or solid landscape screening pursuant to MMC 16.30.070 shall be installed such that the service is concealed year-round from the abutting residential lots; 2. Where the automobile -related service use abuts public street right-of-way, the following shall apply: a. At least 30 percent of the frontage abutting the street shall be vegetated with plantings including shrubs and undergrowth plantings; and b. Frontage plantings shall comprise a minimum of 60 percent native vegetation, or well -adapted drought -tolerant vegetation where site conditions are appropriate for establishment and long-term survival; and c. The height of the vegetation shall be maintained in a manner that does not obscure clear views for traffic safety. D. Access requirements. 1. Access to an automobile -related services use shall be restricted to marked driveways at locations approved by the city engineer as appropriate to ensure safe and efficient traffic movement; 2. Driveway entrances shall not exceed 35 feet in width for each 60 feet of street frontage. E. Allowances for signage shall be pursuant to MMC 16.30.020. F. Automobile storage is allowed; provided, that: 1. The use is accessory to a principal automobile -related service use on the same lot; 2. The number of motor vehicles parked on the property shall be limited to what can be accommodated under cover or in marked off-street parking, or loading spaces; 3. No motor vehicle shall be parked that is: a. Exposed in a partly disassembled or significantly damaged condition; b. Exposed for more than 30 days unless the exposure time is interrupted by periods of at least ten consecutive days; and c. Parked, including trailers, for display to sell, rent, or as a prize. G. Operation and displays shall meet the following requirements: 1. All operation and displays, including those of merchandise, shall be within an approved structure, except those directly required to dispense gasoline, water, air, and motor oil; 2. No accumulation of tires or other automotive materials outside approved structures is permitted; and 3. Trade -inducing prizes shall be deemed merchandise. Ordinance No.1008 Page 12 of 15 16.31.050. Commercial horticulture, truck gardening, and agriculture uses. This section establishes the development criteria that apply to commercial horticulture, truck gardening and agriculture uses, including accessory uses. A. Structures may include, but are not limited to, such uses as hot houses, greenhouses, storage sheds, heating plants, and similar accessory uses associated with horticulture, truck gardening, and agriculture uses. B. Agriculture uses shall exclude farm animals and exotic animals, and shall exclude using, keeping, harboring, breeding, raising or farming any animals, and shall exclude farming of marijuana including the growth of marijuana in a residential medical marijuana cooperative as described in RCW 69.51A.250 and defined in MMC 20.12.140, notwithstanding any state license or other recognition pursuant to RCW Title 69. C. Commercial horticulture, truck gardening, and agriculture uses shall exclude marijuana uses, as defined in MMC 16.12.140. D. Any retail sales activity arising out of the commercial horticulture, truck gardening and agriculture uses shall be limited to the sale of products, in season, grown upon the property. allowing a single-family dwelling subject to the following criteria - residents at anv one time. Dius ur) to four resident staff. !Lousinq_facilities shall D. On -site services such as laundry, hygiene, meals, case management, and social arograms are limited to the assigned residents and shall not be available for drop in or other use by non- residents. . No permanent supportive housing or transitional housin facilit may be located within half a mile of another pro arty that contains a permanent supportive housing or transitional housing facility, calculated as a radius from the property lines of the site. fa Hit an IRS Ordinance No.1008 Page 13 of 15 2. The occupancy agreement shall include but is not limited to the foqgAdM a. Names and contact information for onsite staff. The facility operator shall notify the City of each staf 72 hours. b. DescriDtion of the services to be provided onsite. c. Description of the staffing plan including the following: i. Numbers function a schedule of staff supporting residents and ,g����ene�ralsch 2P2Eq!!2D—s ii. Staff certification reouirements iii. Staff training pro_ rarns iv. Staff to resident ratios v. Roles and responsibilities of all staff vi. The name and contact information for at least one organization member located off -site, d. Rules and/or code of conduct describing resident expectations and conseguences for failing to comply. At minimum, the code of conduct shall be consistent with state law prohibitions and restrictions concerning the following: ii. Threatening or unsafe behavior iii. Rossession and use of weapons e. A fire safety reviewed and approved by the Bellevue _dire Q�gptment confirming fire department access. #914HINTAMM g, A plan for avoiding paten gLLm tial i _pacts on nearby residences including a proposed mitigation approach (for example, a Good NeLqhbor Agreement Epin ) that addresses items such as noise, smoking prpne parking, security procedures, and litter. Ordinance No. 1008 Page 14 of 15 h. Descritation of eii ibility for residency and resident referral rooess. Section 6. Corrections. The City Clerk and codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance, including but not limited to the correction of scrivener and clerical errors, references, ordinance numbering, section/subsection numbering and any references thereto. Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this Ordinance. Section 8. Effective Date. This Ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after such publication. APPROVED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON THE 14T" DAY OF MARCH, 2022 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 14T" DAY OF MARCH, 2022. Z� �essiaa Rossman, Mayor Scott P. Missall, City Attorney PUBLISHED: 3/17/2022 EFFECTIVE DATE: 3/22/2022 ORDINANCE NO.: 1008 Ordinance No.1008 Page 15 of 15