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HomeMy WebLinkAbout203 W. 12th Street 203 W 1211 Street CUP 10-02 CITY OFPOR,,-T 1 , NIGELES ltla*' -AIN, -'oes PQs";4' W A S H I N G T 0 N, U. S. A. I P. O. BOX 1150 02 1A $ 00-440 PORT ANGELES, WASHINGTON 98362-0217 0004364464 SEP09 2010 MAILED FROM ZIP CODE 9 8 3 6 2 Becky Daniel 257516 Hwy 101 Port Angel-o %AIA N I I V. 904 SE 1 00 09'/11/ 10 RETURN TO SENDER NO MAIL RECEPTACLE UNABLE TO FORkOARD S E-7B )JIM M)IM)11)11 June 15, 2010 NOTES TO FILE: Peninsula Mental Health—203 West 12 1h Street IN ATTENDANCE: Peninsula Mental Health representatives: Peter Casey, Grant Munro, Debbie Reed City Staff. Nathan West, Sue Roberds, Patrick Bartholick Met to discuss the status of a pending conditional use permit application- the occupancy of 203 West 12 th Street as a residence for people with special needs who are living as boarders. Living arrangement characteristics were discussed such as group homes, assisted living facilities, single family, and multiple family occupancies. PMH staff insisted that the residency of a group (5) of individuals under supervision or supported by an outside agency who are living at a residence is not a group home. Residents are supervised by PMH employees on a daily basis and report to PMH regarding their living situations and concerns but they basically live independently and are trying to assimilate into a normal family life. Residents each sign a lease with PMH and pay rent based on what they can afford. City staff believes that the use is more like a boarding house where rooms are let rather than a family unit where everyone pitches in to cover expenses. Each occupant has a different rental agreement and is provided subsidy care from public funds. PMH is paid from public funds and grants for their services. PMH is not licensed to operate a group home at this location and do not wish to become licensed to do so. A group home in the RS-7 zone requires a state license. Staff stressed that the living situation does not seem to be a true family unit if each individual living there is basically paying PMH rent and then being attended to by PMH staff. it appears to function more like a boarding home. That needs to change if the use is to continue in the RS-7 zone which is the most restrictive zone in the City and is intended for single family occupancies with special services as licensed by the state allowed by conditional use permit. PMH will contact staff no later than July 6 with a determination as to a course of action in this matter. In response to comments about neighborhood complaints, Debbie Reed said that she, as a Board Member, had received good feedback from the occupancy from neighbors including Betsy Dinhart and Linda Howarth and believes this is a very supportive neighborhood. Staff commented that neighbors are not non supportive but would like more communication on several issues dealing with the atypical occupancy. Ir ORr NumLES' v s. A W A S H I N G T .0 N, U. City Council ga, "4 R Z W September 9, 2010, MIN"" 01"'I 0 N W, Mr..Peter Casey s " unity Mental.Health Peninsula Comm Z P'N' "'A P"I oMN g, M Port Angeles, WA 98362 tZ RE: Conditional Use Permit CUP 10-,02' th 2 g" Zi Peninsula Community Mental Health .203 .West 12 Street N'RK-T ­�W'W"g,", Dear Mr. Casey: . in: 24 er.8,� f Auou know, followin a public hearing conducted on Sepiemb o 2010� .9 it CUP.10-02 to Port Angeles Planning Commission approved Conditional Use Perm th -7 Residential g ami West 12 Street A .......... permit a group.home in the RS Sin 16 F ly zone at 203 subject to the following conditions: LIN Conditions.* 5 "N NK: U)"IX 1. The conditional use permit is approved for Peninsula Community Mental�Health th to operate a group.home use,at 203 West 12 Street per-application,identified as include n Permit CUP 10702 dated received on July 6 2010. The'use shall' 0a q� Co ditional Use a Resident Aide as described in said ao lication. An change in the' operation,of the p Y. residence will require prior review by the PlahninR Commission or the-approval shall be deemed invalidated. ''a 2. PCMH will carefully.screen clients pursuant to their polic for-safety and well y being to live in a residential family-zone. 3. A neighborhood outreach plan shall be developed that.Will inform neighbors of the..program goals and provide a forum where issues of concern will be addressed by PCMH in operation of the group home use. These' forums shall be conducted on a , I quarterly basis for the first year and semi-annually thereafter. The plan shall include a ne w concerns were i hbors.and ho method for reportin a summary of meetings-with 2 .9 -p of the public record file. addressed or if any concerns were.noted'that will beconie art The outreach ion within plan shall be provided to the"Plarining Commiss one month of approval of the permit. I V� V, A� " Phone: 360-417-4500 Fax: 360-417-4509 Website: www.cityofpa.us Email: council @cityofpa.us 321 East Fifth Street- P.O. Box 1150 Port Angeles,_WA 98362-0217 Peninsula Cornm�nity Mental-Health. CUP,10-02 I $ePt6inbei.9,201.0 Pa 2- ge. 4.1 The renovated residence will continue to be maintained,.in the current manner, mp, co ments oth neighbo o. in appearanc and such that,it: le er residen6es I rho d e character. The,off�street parking area at the-rear of theresidence wi remain aval abkfib residents--and visitors. Applicant is,required to follow all State re s to dbtain':4fl gulatio'n and is required licenses.: t- d icable-State pertinen an appl Idnd:Federal T is 0 hi acli "'n is'supported by,Ihe killowing'firidinas andOnclusions Findin S. g eport� mmu in&nt Staff,R Based,on the information provided the.C6: nity Dev&IbD or, -02. -,nation' in-the public recor4, il�, 66R�10 dated Auaust.25., 2010,:'includirig,all ifilf6i .-comment's and-te"stimon d th! Aic hearing,the Planning Commission y presente, uring eTul -io and deliberati6n� andthe above liste" -'conditions 6 approv ort,., -.discuss n f .'al, the fi fp ity'o C Angel PI ommission,:hereby fods that: es anning. t On Jul .6,'20.10, Peninsula Community Mental Health(PCMH) app iqd o,the y -it(DCED) f6r a c ity Depart of Communit ic� evelopiner C I . & con.om'.',.D 6hditional-Aise., ment. -y th permit to allovv4 s ported liv ing to bbIlocated at 203: est 12 : -Street.,in.,the City`s,­:�, Up e RS 7 Re§identia amil I Siii0e F y zon.. ff d s 2. - Or6up hoffies.andIospices are..1 enti le a. permitted by.coliditiond.l.usq�perlmit-"m, Section 17.10 040(1):". C.—Section. o e un er the RS 1 Resid6niial.Single Fdmily z"'n i 7.1:0.040�k��,�AMC allows.for otheruses compatible.WithAhe: intent..ofthis.Ch apter'a§` ditional uses..A supporte ving hom e is 'nearly identical to,a con group h ome.... 3 us C A conditional use is,defined-in Se6tion.1 7:68.020(H),of theTAM as . :a, 'e:j: a,zbne,but which,requires a.special.degree �coniroltb m' ake,such use consistent and compatible with other existing,or rmissible uses in sank zone. pe Group Home is ddfined'4n S ction,lT08.04 ort Municipal:,'-, 'a6les' e O(C)'aith,6 P An si ents 'iiidepeiident,non�jami h S `d' Code -as"�... a non'- h- h the r , ou..ekeeping unit in.0 ic. are assisted by'dn-outside-agency or organi.zation.,-;Som�examples ofgroup homes,' include State icensed h binesfor the.h�ndica�p�,dandphysically disabled, homesfibr th �men a y: t` 11 "i hoinesfor those wi deve qpmental disabilities,�eice t ihat-gro. homes�.d� p UP not include adultf dentia[car ami�y homes,:,supported living arrang-ements,-'or resi e_­ h6 es:for residential.centersfor fia ilities. They also.include-state�licensed group_ m c rehabilitation ftom:alcohol and.drugs, and transitional housingfor victims of doihestic'. violence. -:5. The,living arra.ngement,is described,as '.�siupported jiving"bythe Debartment of AC.3 88-1101-3000�d upp s u. ionl,,S�pports, and '� :11-, Health,.,W, efines s orted living as ' in t� ct ients' iving in services provide by servicepr6viders to cl I Wines.that are owned rented' leased b,y the clienf�or`their legal representative AheRS�7 - Section'I 7,10.010 of the Pbrt.An�eles Municipal:Codedesciibes,- Residential Single Familyzofie as-a' lowldonsit.�residential zone intended to,create ' a d g family residential neighborhoods.consistin y n preserveurban sin' lb g of pred6nifnaritl' 44 Peninsula Community Mental'Health—CUP 10-02 S epternber 9,20 10 Page.3, single family homes,on standard Townsite sized.l,oils. Uses-which are.wrapatiblewl." and functionally related to-a single�family residential environment may also be.,locaie.,-,in, thi-szon&." -be lo at din�the RS-7 zone:include-but.are,no.- 0 n C nditio' al uses'thdt may c e. limited to accessory.�residential uniti assisted fivifi2 facilities, child day c&es and 7- churches s. T kconditional use pen-nit is'defined,in_:S'ectioh 1:7.08.020(G) of the PortAngeles Municipal Code as �a limited vermissio.n-to loca I te aparticular use.at I aparti ldr cu I oc'at' difv the'controls sti ula dh lon,andmhich limitedpermission is.requiredlto.mo p te, .:y�:�:­ prove� :--. these Regulations in such e ree as.to assu�e'thai:th. e particular use shall not omprg ensive- detrimental,to surrouhding- properties, shall.not be'in:conflict With ihe.0 h' the'.., 90 est andfurther,states in'(h P andshal not,be'contr to,the publicinter ary same sec on a tion "C '" ditional Use use permitted in a.zone,but which requires.a special degree,of control to,.make.such use-consistent and co bl with other�exis in or d mpati e 9� Permissible uses.in the same zone. -ode provi e.s e 8.:' :.Sedtion 17.96.05.0 of the Port Angeles' Municipal C that Th use permi sfo n c er app I` r use Plannin �Commissio shall.*onsid, I'cationsfor.conditional' hapter q th 'he Planning pecifiedinthea licable7C e Zo pp S. f ning Regulation;'. 7 Cbmmission:mqy�grant sai. permits whic are consisten t an&compdiible!with: the 'd Purpose,of the zone inwhich the useJs located,,,are consistent with:the Comprehensive 'ssion Plan.,� and nor contrdrv.to the'public use and interest.� The'Planning Commi -mqy. ,: d,t -,if the�characteristics 9f the:int�ndeduse as rqfuse to issue acon iona[usepermit -hepu� os -6fthese, oning..-,,..,. related to the..spe cifii'aproposed site-are such asmould de Z feat t p e� detrimenta rhazardou conditiom In eac,, lations b�introducing incompatible, Io qWkation' the Pldnn ing:Comm ission may Impose whatever restrictions or conditions �dl they consider esse'htial-to protect thepp4blic'health,'safi4, and we�fare, andtpprev&nt,, dqpreciation.of neighboringproperi�y. 9. ection17.96.070(A) PAMC provides "Hearing and4ppeal�f-Conditional or_' S Unclassified Use Permit Applications. otice.and Hearingfior Conditional w 'lasi�� Unclassified:Use Permits. . Uponfiling an qpjbli�ationf ac'onditibnalsor unc. use permit in:which the application setsfQrthf�11�,the groundsfor, and thefacts deemed :.tojusti iiized..Uie Permit, t* the granting ofa'Conditional or.Unclass, he Planning: missio,n shall give public notice, as provided-in P.4MC 1796 1,40, o t e intent-; �Com h On to consider at a public"hearing the granting of a' C6ndition'al-or'Unclassified Use.Per'm The Planning:Commission's.decision is final unless:ap ealed.16:the,City Council. p o '10. Conditional Use Permit (CUP 91(6)l 0 was approved for Peninsula Mental 'irls-at.203 West I f' Street on:Jun Health to conduct a,group,home,to house teen age g 9 9 e use was,qppr w' h o difions.-The-permit 12,,199.1.. Th oved it c n expired in Au ust, 1'. 96 th 11. The.o.c'cu' pancy of 203 W. 12 ..Street changed to adults inthe mid 1990's. Cit. Y. City,s, change in occupancy.,PCM14 staff believed that the staff was.not informed of the definition of a"family,'.' f6und in Section 17..08.03 57"(A) of the PAMC,permitted the' occupancy of up to 6 unrelated adults without a conditional use permit.-The use Went, u I n re ofted until November, 2009, wh en n I eighbors brou ht the matter to the City's 9 attention and staff contacted PCMH staff. J, Peninsula Courrmunity.Mental Health CUP 1 0�02! September 9,�2610, Tage 4 al 12. The site is situated inthe City's-�Centr'. :Plaming Areathat,is.served y municipal emergency services., ilt ou t, tkaditiona 13'..-. - '�Therieiahborhoodisa,,well-e''Stablished"tompl6te.ly-�ii ftel s rn�i -on n ghborhood,comprised.of sin le,family,fibme nly.. ii dividual. lots..;�The e 9 e ar. a.,is... -by I common y reflef're-cl,to-as."Cher'r 17: d is idehfified he locati of.-tlie.Q:ue6nof`,',,, y Hil . an on urc an copye school (two block's immediately:north.of.th6 Ar.i.gels.Ch. 'h, ht/elem.ent.gy S rty. ),.$t,:Matthdw's Lutheran Church-and,dav'care,-!aiidJeffi6rs6In Elementary c 661,- prope (three blocks-easi-6f tholsite).. A well-bs'tablished:bed and breakfast use'is'located:;' :0- dj t 'the site;nbit—h,:of the'l.1/12.Alley with othen commercial uses located north a j acent o th, along 8 Street and.'south.io Lauridsen,Boulevard. 'PCMH.s,main off,cei fkifityls th h _C­ rdet, -1 ati n,., T 0_ Hty s:mairi fire hall is .1o"cate6four blocks north,on-8 St f�om the' oc 0 located seven blocks immediately north o site., 'The.-pr.oposed supported. iving ome'., -a 14 1— h is:locdt.edbn single Townsite'lot,develo,p"e" e as a six b droorn're'sidential.structufe., The,site iS-completely f6rced.an&proyides Par in 'k* g at the ture and groun 'onsidera'DI d d 6y6ftho iear:; The stru6 _0s have.'been t y.upgra e thafit I pasty, ear, uch b ends in well.w' ith.sur'rounding residentia'Fuses -�A -Consurnefs of Peninsula Conimunity-Mental Health services who 5_1 '11 reside'dii. Vi 'the-home do not live indeDefident]V..These re ents have:been, d" d With, I-. la ose m6ntaz P ded.byPCMH­ h me ss' ds provi illness and,are in eed of,so a istance in their daily lives.that 'They' ha-v- onta6t.with-their families he.A- 6 eith6i limited.or'no c and social,'supp6rts.: T re sidents are able to'inana e their finances; take medication on.their.own purchase.:and,.� 9 -pre are f6 od,:and verf6rm housekeepingan idsome.reside nce iria'inteindn ce ac'tivit' res �dqys PCMH es di; idence'5. .- er.- ee. :Case Aid and Peer Suppbrt,Specidl,istsyisit,th 7`dqys provide coaching.in.nutrition., hygieiie', time management, problern so'lyi,n&.bu geti transportation, health subbart. and'yodkiondEplans. a :16.': ..The applicant hasproposed' home Where a resid6ntconsumerwill trained t e", ence responsibility for daily'management&ties with:oversight-by:�'. .- a�Resid 'Aide wi in:hou's'e -of superyision., The Resident 1 TCMH professionals as an level Aide will�'be' under the:direct:sup�ryision.of d-:§tate,-6,ertified'R6sidentia Supervisor.-T.he'Resi&nt� Aide will arl enand ids'' con-Anum—c'ateregul v with residential stiiff,:assist in ffiaint e.of-grou'n I" afion.hifflorm' ationindi ate that: itl�h u` I -A s and encourage compliance w o seru. es. . pp ic d6not� ed,24-nhcur.care.but would' . --consumers wh6,.occupy this type of gfoub residence, ne be'ne iffrom in-housesupervision. e or 17. , :PCMH Dir ct Peter Casey'indicat6d that residents willibe screened to ensure d in-the res ide nce.,PCMH has'a p d.licy to' that at-'risk individuals Will not be place- screen, residents.for placement within a' re's'idential,zoile given a number.of factor s, ' i al histor ' 'Co ers Who do not rneiefth6 criteria Wil w 11"being and- safet and e crim. n y. nsum 'ident not be:placed inthe residence. Mr.,Casey aicknowle' dized that an-unfortunate res 4, placement went unnoticed f6rniany'' ­.�rhe thisinformati' n was mad6known t �years but n 0 staff, the.individual was'immedi�tely r6moved,from the residence toz more appropria'te-,'� location. e and 18. Altho'ugh unlicensed for the past 12 yeais,2 the home use has beenin plac i cideht..6 a,total of years at the subject location.:'Mr: o erated by PCMH, with little n r P p to, d 7. J Peninsula Community Mental Health—CUP 10-02 Septerfiber'9,2010 Page 5 -been working with City.staff to bring the use.,into Casey and PCM,H staff have to conduct an outreach progr -to the d am compliance with,local zoning',laws an neighb orho''o d,that will be.a.forum.to identify'and addre's s�any.is sues that-.May aTi se rom: the occupancy in-the future. 19.-. , Neighbors.tathe home contactedfCity staff'in November' 2009� to'-discuss, occupancy concerns f6Ilowing:a,.nieetipg,with PQMH sta,ff.in October.. Neighbors- e xpres 0 utreach and education prog -irnilat, sed a desire t initiate a neighborhood o' 'rarn s 'to attached:to.Conditional,Use Permit CUP-91(06)10. �-PCMH V_ the condition that was firector Casey is aware,,of the ad g's f-s a: d ateed�to��initiate.'s"=e.'',,'.,,�,- -D vanta e o uql�' program.an a urpo s 0 rum held on a quarte rl -"basis-. -.in order to fulfill 4hap' ge' f the conditi6ns'such.a fo Y. will onsure,adeqpate,,communication and informed improvementto thel pr. in during 6fthe CUP. :':,. previous conditional use permit required monitor g extension review _0�� 'The' F usi- _Ac (FFHA)irequir'es that.licensing.requirements.. ederal Fair'.Ho ing t_ .not violate the- iahts of individuals to-reas nable accommoddtiohs�in zoning,practices.. Y..." r.- 0 �Conditionalbse e" it t discrimin -pr tect::,�*._.-,,,_,:,�� ate aaainst the handicappedbut shall 6 p,rm, s may no their safety as7 Well as the-safety of the.communityin-generai, 2. 21.% -The City of Port.;��, geles allows for group home us&.,.by 6onditional'use�perrrut b, an all residential zones.: Such reView'is intended to identify errier ee �d gency service n articular' characteristi s of individu -D c identify al neighbor-hoods. �.PeiiinsulaComniunityM6nial.Hodltho p e un r oversight by the 21 rates-: de p Departments of Health (DOH),and Sociala'nd-Health, -Servi6es (DSHS -23.,,. . Th' -Feder.'AI%Housirij4Auth6tity Act um ng., -(FHAA has.1i' I' ni mited some in cipa zo authoritv:in an effortio avoid stereotyping to achieve communit inte aration� The y e L�......common pblic per FHAA is to require gr6up'h6mes to be distributed thro4gho' ut th esidentsare able I - ive in mainstream residential neighborhoods community.where r 0 h rather than in a cluster of group homes-segregdtedfrom the rest of the community. 'L;66�1 zonin regulations maintain'some,authority oveiJocationdl:9iting but regulations,mu. g st.Pe: adniiiiistere'd:similarly to any such group occupancy. The Port Angeles Comprehen ve Plan �it in its t, I si was.reviewed eniretyin,anaysis"' of-thi� application. :The' 'goals, policies, and obiectives listed�in Attachment.B tothis Staff., e un 0 report wer fo d to be.the most applicable't Ilid',proposed,uses �5_' Public notification was'mailedito,pro ert owners Within 3001eet of the'subj :c*C p y J.e site and posted on the property-on July 29, 20 10, and August:24, 20 10. Notification-was placed in1he Peninsula Daily News.on August 24 2010, with written:cornmefit,acceoted,. by September 7, 2010. Comments provide&by.neighbors with regard to the use'during, the written public�comment period are attached as Attachment:"C"to,thi§:staff report. Writtenrcomirient:provided,after the close of the written.'cohunbnt period were,presented at the public hearing;to-be included in the record. Those written comments were provided-by Arlene Engel, Li da p ..Gorden,Randy-Bailey, Rosie von Engel K a� Snowbrook, Janice Reid, and Betty Brooks. -0 Peninsula Community Mental Health CUP 1 -02 September 9,.20 10 'Pa 6 ge A Determination of NonSi6ificance was�issued-for ihe�'proposed;action on 26. 's.responsi 1 ep n 6r8,-20l0',p,erWAC-l97 11 35.5. Thi action safisfieslhe�Cit�' S ter b s. under'the.Washinizion State Envirorune'ntal.PolidY.Act(SEPA). 27.11 It,is,imp ici in n2dlds Munibi Code that'.all,condition'al se'.musf'be_,.-� the Port.A p u s -,in.qompliance wit tate andFedefal law. S Conclusions. inform i -,Pio,�id6d-in-.the'Departri-lent'Of,.,CommunI y. , Ba'sed..on the at on D rt.for CUP, eVelobinent Staff.Re�o 16�02 dafe'd Au st 25 .2010,ificluding;all.ofthe gu. -in t e pu 1 1 h blic're'c6rd file,-,',comments, and testimony'�resente uring the public hearing� the Plannink Commission's discussionland.deliberdtionz,and.the�:above';!,, listed conditions of approval.and-listed findih s'.the City,of Por( -Angeles Planning 9 COrDMisSi6n hereby concludes that: defi ectiov,,, A.; The'use'a-sproposed mirrors thedefinition of a, oup-homeas ned;.in S .1 7.08.040(C):6f the Port Angeles Municipal:Code afid'is ible b:y conditi6riatuse-.v pprmi t.in the RS­�7 Residential'Singlo-T d' =17.10.040(R)?Aik�, y zone.uh .er -indiividu I Group hcimes:and supported,livihg�arrangements ensure that:'s�66idl n 'd ee s, a s are-7: affor nab e c 'dedreiaso'' I aq ommo-dationint eirresidential'IM itudfio s and:a�e.not' h" ing,� arOd to'. ive morq..�.�: .,r c in ivic, ua s.are prep, c u8te edjh.inkitutionai environments w en su h i d 1* J individuals'to'liv' ahl independenO� This. ra. ctice empowers such e a s cap y aspossi e P responsible-sup isi ,,,with etv on. e �p�er_Section-17. 6 5 fth' ft, The conditional tise:permitwas process d & 9 .0 ,00 ON t Protect t e t ,sa etv.-an&;, sw ge es un c 'h public.heal!h f An I M i ipal�Codewith conditions-attached 0 we are, ne ghb .f 'If., and to prevent-debreciation:6f i o ingproperty- reach am wil nab ty C. An�out pr gr 16 16 oppqrtum to, Oarticipate,�,.� in the!:succes§ of si the h6methiough f�ffiiliaritV with-the re dents and knowledge of the.. proce ur s om e progr 'b 'f, d 6 of th�h e. Th am.will or v rfuni t oyide,an-oppo ty.ta communica e e ore, of es,and will ensure,the safety and Well�being residents and�the. concerns becorne issu neighborhood,'.. I?. Registration of' oup hornes,drid,supported.living arrangements protects residents gr forresponders during e and gen and identifies their homes mergency eral aid calls. Review o e o d subDorted E t t'sur'es-that the use's fth I cation:of.group homes an iving arrangemen s eri. will'intearate welLinto'.residential neighborhoods while p ovidingreasonable. accommodation to all groups,of people.,.,::, E As co iti n the' dintained:in an dat t nt_�' nd , o ed x6sidencewi­ e in up . ed.-manner.consis e 0 -of withoth6r neighborhood-properties-andWill therefore ensure theretenti n ,neighb Orty values-in%the single farnil neighborhood in which the site is qrhobd pro y p located.' idenc Aide will be able,,to qui F. The Res e- ckly respondlo.an' issues.,thdimay arise y s inthe residence thereby reducin�the need,for"outside assistance' .frbin either the'.City., f Property maintenance skills will bene it gr up' emergency services or PCM,H eiripl6yees- 0 nity.Mental.flealth CUP lb 0 Peninsula Conuhu gepteffiber 91 20 10" 'Page.7 -ffiance',the n6ighb, i- e Ole. The,gioup.home w'll"S I': residents and ei brho6d Vafiib.,as,:a_wn I n by.?CMH prpfpsslo*n'al§,on�a-dai -.'basis,,e suriii�jhdt the spec1q,�jleeos.,_ q sup oDulation-will'bi . ed., Pp d her --b,&ob.e N�ithAhe-glan-md As�conditione' t esid6A66 will rated-in accordance H. 'policy of the-,RCM 0 9eq­ d N tiv H. A's c6hdition6& the-use i�--in.com I' -With.g6al§Ipolicie§, an es-bf ,p iano(_ 'd P lafi;�speoifically.with: -Elemeht'Gbal,A an, t Ci 's,-Comprehensive,` OfdwthManagemen , ty i,P A. - ;'Land Use'Element-La�iid Use.Map, oa s., O.iqps, an bj ectivesi Gbal-'A _p.o,41cy' AI,,-,d S I esid . 1 3 ,, 1 :6 icy A ci an &irtidl-God s, P6 ides,an 'B- an dPo'licy-� .2 'R d Q�j ecti-�6' 'Goal. d C I �.Uli ities, S and.Pliblk'. ervibes'.Elem6nt- Ii! A And :Goal.A an Po icy.. -3 oa,C�*�_PONO_,� . ­ �'­'- t �.: —GoaYBan Policy B.2;.Hou§in�E ern odlAe an o- Ordinance- d &Z-fung ess appewe to-t e.C.ity Cbiih I Deci,sions.ofthe�Pi ini 6mmis§, ion are:. na 1;a h iwithin�'i ays oiihe a t Q ion.� f this orma ioq,�Iease.don't If Y.Oubave anyquestions regatdffig-any o -contact the.Citv's Dei)artmefit-dt6inmumty�06-Etoniomic�Dev'elom'ent iat 417-4-750.;.- e or. Nathan.-A.-West, bir' ct Deve o Community,&Economic pinpht- : -C s c Pattie 'of Record Incident Analysis Report WA Detail Print Date/Time: 08110/2010 12:50 Port Angeles P0IiCE Login ID: eschilke FromDate: 01/01/201000:00 ORI Number: Incident Type: All To Date: 07/31/2010 23:59 Officer ID: Call Source: All Location: 203 W 12TH ST, Incident Date/Time Incident Number Incident Type Location Caller 01/15/2010 23:02 2010-00000607 MEN-Mental Person- 203 W 12TH ST Peter Treibel Report Required: No Officers 4355-Heuett 02/09/2010 17:38 2010-00002025 DIS-Disturbance 203 W 12TH ST PMH Report Required: No Officers 2891 -Dropp 2964-Ensor 02/18/2010 10:03 2010-00002512 MEN-Mental Person- 203 W 12TH ST DAWN SAIZ Report Required: No Officers 0416-Sexton 0028-Rife 1103-Wood 02/19/2010 09:00 2010-00002578 ODP-Overdue 203 W 12TH ST PENINSULA Report Required: No Officers 1103-Wood 04/29/2010 23:12 2010-00006784 DOM-Domestic 203 W 12TH ST PETER TREIBEL Report Required: Yes Officers 9763-Stamon 7781 -Brusseau 06/08/2010 09:45 2010-00009128 SPV-Suspic ious 203 W 12TH ST DEB KELLY Report Required: No Officers 8917-Malone 1771 -LeRoux 5149-Maynard 07/13/2010 21:41 2010-00011765 MEN-Mental Person- 203 W 12TH ST PETER TREIBEL Report Required: Yes Officers 6230-Dombrowski 2469-Roggenbuck Total Matches 7 Page: I of 2 Incident Analysis Report Detail VA Print Date/Time: 08/10/2010 12:48 Port Angeles POliCE Login ID: eschilke From Date: 01/01/2009 00:00 ORI Number: Incident Type: All To Date: 12/31/2009 23:59 Officer ID: Call Source: All Location: 203 W 12TH ST, Incident Date/Time Incident Number Incident Type Location Caller 04/19/2009 07:40 2009-00004536 HUP-Abandoned 911 203 W 12TH ST John Hutcherson Report Required: No Officers 0416-Sexton 0028-Rife 07/08/2009 22:21 2009-00008191 DIS-Disturbance 203 W 12TH ST John Hutcherson Report Required: No Officers 0339-Morse 1421 -Winfield 08/13/2009 20:24 2009-00009875 ATC-Attempt to 203 W 12TH ST Peter Treibal Report Required: No Officers 0416-Sexton 8677-Peninger 08/17/2009 12:10 2009-00010013 HUP-Abandoned 911 203 W 12TH ST John Hutcherson Report Required: No Officers 4687-Arand 4428-Miller 08/28/2009 13:21 2009-00010612 CMA-Citizen/Motorist 203 W 12TH ST Wes Wharton Report Required: No Officers 5192-Powless 09/05/2009 06:18 2009-00010994 WRA-Warrant Arrest 203 W 12TH ST John Hutcherson Report Required: No Officers 7781 -Brusseau '6971 -McFall 09/05/2009 14:47 2009-00011014 MMI-Malicious 203 W 12TH ST Peter Tribal Report Required: No Officers 0416-Sexton 11/15/2009 03:37 2009-00014005 DIS-Disturbance 203 W 12TH ST Peter Tribel Report Required: No Officers 0416-Sexton 2891 -Dropp 11/21/2009 13:54 2009-00014324 IFM-Information-Misc 203 W 12TH ST Wesley Wharton Report Required: No Off icers 9763-Stamon Total Matches 9 Page: 1 of 2 Incident Analysis Report A' Detail Print Date/Time: 08/10/2010 12:47 Port Angeles P0liCE Login ID: eschilke From Date: 01/01/2008 00:00 ORI Number: Incident Type: All To Date: 12/31/2008 23:59 Officer ID: Call Source: All Location: 203 W 12TH ST, Incident Date/Time Incident Number Incident Type Location Caller 06/21/2008 22:32 2008-00007397 RFP-Request for 203 W 12TH ST Teddy Harvey Report Required: No Officers 09/16/2008 19:18 2008-00011604 ODP-Overdue 203 W 12TH ST David Elliott Report Required: No Off icers 5192-Powless 12/18/2008 09:38 2008-00015685 HUP-Abandoned 911 203 W 12TH ST David Elliott Report Required: No Officers 2891 -Dropp 4687-Arand 12/23/2008 02:04 2008-00015873 SPV-Suspicious 203 W 12TH ST David Elliott Report Required: No Officers 9763-Starnon 0339-Morse 12/31/2008 17:35 2008-00016238 WPD-Weapon 203 W 12TH ST David Elliott Report Required: No Officers 5321 -Nutter 2150-Knight Total Matches 5 Page: 1 of 2 A acupt .Ncp Incident Analysis Report fv� .WA Detail Print Date/Time: 08/10/2010 12:46 Port Angeles PolicE Login ID: eschilke From Date: 01/01/2007 00:00 ORI Number: Incident Type: All To Date: 12/31/2007 23:59 Officer ID: Call Source: All Location: 203 W 12TH ST, Incident Date/Time Incident Number Incident Type Location Caller 04/03/2007 20:54 2007-00004199 TRS-Trespass 203 W 12TH ST Tony Turchin Report Required: No Officers 2891 -Dropp 08/02/2007 09:48 2007-00010138 TFT-Theft 203 W 12TH ST Michael Thompson Report Required: No Officers 1229-Kuch 08/05/2007 09:23 2007-00010325 MMI-M alicious 203 W 12TH ST Michael Thompson Report Required: No Officers 0028-Rife 08/30/2007 09:53 2007-00011734 MMI-Malicious 203 W 12TH ST Michael Thompson Report Required: No Officers 0028-Rife 11/26/2007 20:31 2007-00015824 ALR-Alarm 203 W 12TH ST Tudor inn the Report Required: No Officers 4355-Heuett 0028-Rife Total Matches 5 Page: 1 of 2 Incident Analysis Report 1 7 NVA Detail Print Date/Time: 08/10/2010 12:45 Port Angeles POliCE Login ID: eschilke From Date: 01/01/2006 00:00 ORI Number: Incident Type: All To Date: 12/31/2006 23:59 Officer ID: Call Source: All Location: 203 W 12TH ST, Incident Date/Time Incident Number Incident Type Location Caller 06/13/2006 01:22 2006-00007615 IFM-Information-Misc 203 W 12TH ST Report Required: No Off icers 06/13/2006 01:23 2006-00007617 BRG-Burglary 203 W 12TH ST Report Required: Yes Officers 0339-Morse 1229-Kuch 11/10/2006 18:31 2006-00015679 DRG-Drug Violation 203 W 12TH ST Tony Turchin Report Required: No Officers 0339-Morse 4428-Miller Total Matches 3 Page: 1 of 2 Incident Analysis Report WA Detail Print Date/Time: 08/10/2010 12:43 Port Angeles POliCE Login ID: eschilke From Date: 01/01/2005 00:00 ORI Number: Incident Type: All To Date: 12/31/2005 23:59 Officer I D: Call Source: All Location: 203 W 12TH ST, Incident Date/Time Incident Number Incident Type Location Caller 08/30/2005 10:05 2005-00011461 ANN-Animal-Noise 203 W 12TH ST Timothy Cummins Report Required: No Officers 4687-Arand 09/01/2005 10:50 2005-00011582 ANN-Animal-Noise 203 W 12TH ST Bruce Blume Report Required: No Officers 1103-Wood 09/12/2005 14:00 2005-00012146 SPV-Suspic ious 203 W 12TH ST Anthony Turchon Report Required: No Officers 2150-Knight Total Matches 3 Page: 1 of 2 pf' "O' WASHINGTON , U . S . A . POLICE DEPARTMENT Date: 8/27/10 To: Sue Roberds, Community& Economic Development Department From: Carla Jacobi, Records Specialist RE: 2008-2010 Stats for 203 W. 12" ST, and the 200 blocks of W. 12t' and W. I I" Streets Detective Tom Kuch requested incidents reported to 203 W. 12 th ST, in Port Angeles. He also requested stats for the 200 blocks of both W. I I 1h ST and W. 12 th ST. Administrative Sergeant/Records Supervisor, Ed Schilke, notified me that you had made a public records request for this area as well, and instructed me to forward the information I provided to Detective Kuch to you. Attached are incident report for 203 W. 12 th ST, the 200 Block of W. 12'h ST, and the 200 Block of W. I I 1h ST. Please contact me if you have questions or need further assistance. PCMHC STATS FOR 203 W 12TH ST 2008 Incident Number Incident Type Date And Time Address Apartment 2008-00007397 RFP-Request for Frequent Patrol 06/2112008 22:32:48 203 W 12TH ST 2008-00011694 ODP-Overdue Person 09/16/2008 19:18:57 203 W 12TH ST 2008-00015685 HUP-Abandoned 911 Call 12/18/2008 09:38:07 203 W 12TH ST 2008-00015873 SPV-Suspicious PersonNeh/Circ 12/23/2008 02:04:07 203 W 12TH ST 2008-00016238 WPD-Weapon Discharged 12/31/2008 17:35:47 203 W 12TH ST 5 8/27/2010 10:58:54 AM PCMHC STATS FOR 203 W 12TH ST 2009 Incident Number Incident Type Date And Time Address Apartment 2009-00004536 HUP-Abandoned 911 Call 04/19/2009 07:40:19 203 W 12TH ST 2009-00008191 DIS-Disturbance 07/08/2009 22:21:03 203 W 12TH ST 2009-00009875 ATC-Attempt to Contact/Locate 08/13/2009 20:24:08 203 W 12TH ST 2009-00010013 HUP-Abandoned 911 Call 08/17/2009 12:10:36 203 W 12TH ST 2009-00010612 CMA-Citizen/Motorist Assist 08/28/2009 13:21:39 203 W 12TH ST 2009-00010994 WRA-Warrant Arrest 09/05/2009 06:18:47 203 W 12TH ST 2009-00011014 MMI-Malicious Mischief 09/05/2009 14:47:02 203 W 12TH ST 2009-00014005 DIS-Disturbance 11/15/2009 03:37:52 203 W 12TH ST 2009-00014324 IFM-Information-Misc(Other) 11/21/2009 13:54:40 203 W 12TH ST 9 8/27/2010 10:59:41 AM PCMHC STATS FOR 203 W 12TH ST 2010 Incident Number Incident Type Date And Time Address Apartment 2010-00000607 MEN-Mental Person-Commitment 01/15/2010 23:02:17 203 W 12TH ST 2010-00002025 DIS-Disturbance 02/09/2010 17:38:53 203 W 12TH ST 2010-00002512 MEN-Mental Person-Commitment 02/18/2010 10:03:08 203 W 12TH ST 2010-00002578 ODP-Overdue Person 02/19/2010 09:00:07 203 W 12TH ST 2010-00006784 DOM-Domestic 04/29/2010 23:12:57 203 W 12TH ST 2010-00009128 SPV-Suspicious PersonNeh/Circ 06/08/2010 09:45:55 203 W 12TH ST 2010-00011765 MEN-Mental Person-Commitment 07/13/2010 21:41:00 203 W 12TH ST 7 8/2712010 11:00:13 AM PCMHC STATS FOR 200 BLOCK W 12TH ST 2008 Incident Number Incident Type Date And Time Address Apartment 2008-00001812 RUN-Runaway Juvenile 02/16/2008 18:33:06 227 W 12TH ST 2008-00001875 PKC-Parking Complaint 02/18/2008 10:55:24 222 W 12TH ST 2008-00004077 SEX-Sex Offenses 04/09/2008 19:29:35 200 W 12TH ST 2008-00004079 HUP-Abandoned 911 Call 04/09/2008 20:32:24 207 W 12TH ST 2008-00004991 RUN-Runaway Juvenile 04/30/2008 14:26:18 227 W 12TH ST 2008-00005740 CMA-Citizen/Motorist Assist 05/16/2008 09:51:04 213 W 12TH ST 2008-00007397 RFP-Request for Frequent Patrol 06/21/2008 22:32:48 203 W 12TH ST 2008-00007425 DIS-Disturbance 06/22/2008 18:36:10 219 W 12TH ST 2008-00008172 DOM-Domestic 07/06/2008 23:25:16 226 W 12TH ST 2008-00008176 SPV-Suspicious PersonNeh/Circ 07/07/2008 00:13:55 200 W 12TH ST 2008-00008591 ODW-Open Door/Window/Bldg 07/16/2008 03:30:28 223 W 12TH ST 2008-00011694 ODP-Overdue Person 09/16/2008 19:18:57 203,W 12TH ST 2008-00015685 HUP-Abandoned 911 Call 12/18/2008 09:38:07 203 W 12TH ST 2008-00015873 SPV-Suspicious PersonNeh/Circ 12/23/2008 02:04:07 203 W 12TH ST 2008-00016238 WPD-Weapon Discharged 12/31/2008 17:35:47 203 W 12TH ST :15 8/27/2010 11:02:41 AM PCMHC STATS FOR 200 BLOCK W 12TH ST 2009 Incident Number Incident Type Date And Time Address Apartment 2009-00000151 SEX-Sex Offenses 01/05/2009 13:48:53 222 W 12TH ST 2009-00003093 CHA-Child Abuse 03/1712009 12:38:41 229 W 12TH ST 2009-00004063 DIS-Disturbance 04/07/2009 15:54:04 229 W 12TH ST 2009-00004536 HUP-Abandoned 911 Call 04/19/2009 07:40:19 203 W 12TH ST 2009-00004603 DIS-Disturbance 04/21/2009 10:03:58 229 W 12TH ST 2009-00004864 CIV-Civil Situation 04/27/2009 11:47:54 229 W 12TH ST 2009-00005236 DIS-Disturbance 05/06/2009 22:24:01 229 W 12TH ST 2009-00005290 DIS-Disturbance 05/08/2009 15:41:55 229 W 12TH ST 2009-00006454 VPR-Vehicle Prowl 06/04/2009 11:11:55 213 W 12TH ST 2009-00006521 CMA-Citizen/Motorist Assist 06/05/2009 13:05:49 235 W 12TH ST 2009-00008191 DIS-Disturbance 07/08/2009 22:21:03 203 W 12TH ST 2009-00009580 NOI-Noise Complaint 08/07/2009 04:20:50 219 W 12TH ST 2009-00009875 ATC-Attempt to Contact/Locate 08/13/2009 20:24:08 203 W 12TH ST 2009-00010013 HUP-Abandoned 911 Call 08/17/2009 12:10:36 203 W 12TH ST 2009-00010612 CMA-Citizen/Motorist Assist 08/28/2009 13:21:39 203 W 12TH ST 2009-00010994 WRA-Warrant Arrest 09/05/2009 06:18:47 203 W 12TH ST 2009-00011014 MMI-Malicious Mischief 09/05/2009 14:47:02 203 W 12TH ST 2009-00011318 ATC-Attempt to Contact/Locate 09/11/2009 22:12:50 229 W 12TH ST 2009-00012862 CUS-Custodial Interference 10/18/2009 12:56:11 235 W 12TH ST 2009-00013202 HUP-Abandoned 911 Call 10/26/2009 17:19:41 218 W 12TH ST 2009-00014005 DIS-Disturbance 11/15/2009 03:37:52 203 W 12TH ST 2009-00014324 IFM-Information-Misc(Other) 11/21/2009 13:54:40 203 W 12TH ST 22 8/27/2010 11:03:15 AM PCMHC STATS FOR 200 BLOCK W 12TH ST 2010 Incident Number Incident Type Date And Time Address Apartment 2010-00000282 VPR-Vehicle Prowl 01/07/2010 12:17:56 227 W 12TH ST 2010-00000607 MEN-Mental Person-Commitment 01/15/2010 23:02:17 203 W 12TH ST 2010-00000978 HUP-Abandoned 911 Call 01/22/2010 22:56:20 224 W 12TH ST 2010-00001071 CHA-Child Abuse 01/24/2010 20:36:19 226 W 12TH ST 2010-00001355 PHC-Phone Harass/Complaint 01/29/2010 19:34:29 226 W 12TH ST 2010-00001409 ATC:-Attempt to Contact/Locate 01/30/2010 22:40:15 226 W 12TH ST 2010-00002025 DIS-Disturbance 02/09/2010 17:38:53 203 W 12TH ST 2010-00002512 MEN-Mental Person-Commitment 02/18/2010 10:03:08 203 W 12TH ST 2010-00002578 ODP-Overdue Person 02/19/2010 09:00:07 203 W 12TH ST 2010-00002859 HUP-Abandoned 911 Call 02/24/2010 17:07:04 219 W 12TH ST 2010-00003179 FIRD-Fraud 03/02/2010 10:21:30 235 W 12TH ST 2010-00003788 SPV-Suspicious PersonNeh/Circ 03/12/2010 09:13:40 235 W 12TH ST 2010-00004977 DIS-Disturbance 03/30/2010 19:16:50 229 W 12TH ST 2010-00005702 OAA-Other Agency Assist 04/11/2010 19:55:50 226 W 12TH ST 2010-00006784 DOM-Domestic 04/29/2010 23:12:57 203 W 12TH ST 2010-00009128 SPV-Suspicious PersonNeh/Circ 06/08/2010 09:45:55 203 W 12TH ST 2010-00011765 MEN-Mental Person-Commitment 07/1312010 21:41:00 203 W 12TH ST 2010-00012677 TFT-Theft 07/27/2010 09:24:43 226 W 12TH ST 2010-00012726 WRA-Warrant Arrest 07/27/2010 20:59:30 222 W 12TH ST 2010-00013943 ANN-Animal-Noise 08/14/2010 14:57:13 235 W 12TH ST 20 8/27/2010 11:03:51 AM PCM HC STATS FOR 200 BLOCK W 11 TH ST 2008 Incident Number Incident Type Date And Time Address Apartment 2008-00000798 CIV-Civil Situation 01/21/2008 11:29:07 231 W 1 1TH ST 2008-00001257 ABV-Abandoned Vehicle 02/02/2008 10:24:21 200 W 1 1TH ST 2008-00003573 PKC-Parking Complaint 03/28/2008 18:59:27 218 W 1 1TH ST 2008-00004758 PKC-Parking Complaint 04/25/2008 09:00:15 218 W 1 1TH ST 2008-00007314 IFM-Information-Misc(Other) 06/20/2008 11:23:08 209 W 1 1TH ST 2008-00008488 ODP-Overdue Person 07/13/2008 13:53:07 209 W 1 1TH ST 2008-00008642 HUP-Abandoned 911 Call 07/17/2008 09:55:15 209 W 1 1TH ST 2008-00011095 SPV-Suspicious Person/Veh/Circ 09/04/2008 21:32:51 209 W 1 1TH ST 2008-00011295 TIFT-Theft 09/09/2008 10:04:11 209 W 1 1TH ST 2008-00011589 OAA-Other Agency Assist 09/14/2008 19:59:40 224 W 1 ITH ST 2008-00012330 HUP-Abandoned 911 Call 09/30/2008 08:29:23 209 W 1 1TH ST 2008-00014989 TIFT-Theft 12/02/2008 13:14:42 209 W 1 1TH ST 2008-00015402 CRT-Criminal Traffic 12/11/2008 20:07:13 200 W 1 1TH ST 2008-00015763 VFR-Vehicle Fire 12/20/2008 04:09:54 218 W 1 1TH ST :14 8/27/2010 10:49:26 AM PCMHC STATS FOR 200 BLOCK W 1 1TH ST 2009 Incident Number Incident Type Date And Time Address Apartment 2009-00000539 HUP-Abandoned 911 Call 01114/2009 23:53:54 228 W 1 1TH ST 2009-00000587 HUP-Abandoned 911 Call 01/16/2009 06:46:11 228 W 1 ITH ST 2009-00000973 BRG-Burglary 01/25/2009 12:48:40 209 W 1 1TH ST 2009-00001253 BRG-Burglary 01/31/2009 21:41:46 209 W 1 1TH ST 2009-00001302 IFC-Information on Crimes 02/02/2009 08:50:21 209 W 1 1TH ST 2009-00001337 SPV-Suspicious Person/Veh/Circ 02/03/2009 00:36:50 209 W 1 1TH ST 2009-00001679 ANV-Animal-Vicious 02/12/2009 11:10:56 200 W 1 1TH ST 2009-00002386 SPV-Suspicious Person/Veh/Circ 02/28/2009 11:12:59 209 W 1 1TH ST 2009-00002809 HUP-Abandoned 911 Call 03/10/2009 13:56:34 209 W 1 ITH ST 2009-00003031 SPV-,Suspicious Person/Veh/Circ 03/15/2009 23:11:53 218 W 1 1TH ST 2009-00004854 ATC-Attempt to Contact/Locate .04/27/2009 09:09:36 209 W 1 1TH ST 2009-00004891 TRS-Trespass 04/27/2009 23:08:34 209 W 1 1TH ST 2009-00007384 VPR-Vehicle Prowl 06123/2009 09:12:34 230 W 1 1TH ST 2009-00007437 PKC-Parking Complaint 06/24/2009 07:23:19 231 W I 1TH ST 2009-00007463 MMI-Malicious Mischief 06/24/2009 13:28:57 224 W 1 ITH ST 2009-00007508 PKC-Parking Complaint 06/25/2009 07:15:51 231 W 1 1TH ST 2009-00008101 SPV-Suspicious Person/Veh/Circ 07/07/2009 04:28:39 218 W 1 1TH ST 2009-00008288 ODP-Overdue Person 07/10/2009 21:04:48 212 W 1 1TH ST 2009-00008720 MMI-Malicious Mischief 07/20/2009 06:44:26 231 W 1 1TH ST 2009-00008721 TFT-Theft 07/20/2009 07:09:45 227 W 1 1TH ST 2009-00013308 ANV-Animal-Vicious 10/29/2009 12:27:35 209 W 1 1TH ST 2009-00014795 ATC:-Attempt to Contact/Locate 12/04/2009 04:35:30 209 W 1 1TH ST 2009-00015624 VPR-Vehicle Prowl 12/26/2009 03:30:25 218 W 1 1TH ST 23 8127/2010 10:49:01 AM PCMHC STATS FOR 200 BLOCK W 11TH ST 2010 Incident Number Incident Type Date And Time Address Apartment 2010-00000016 VPR-Vehicle Prowl 01/01/2010 04:26:42 218 W 1 1TH ST 2010-00000222 THH-Threats&Harassment 01/0612010 01:48:37 218 W 1 1TH ST 2010-00001558 COP-Community Oriented Policing 02/02/2010 11:18:51 209 W 1 1TH ST 2010-00003568 ATC-Attempt to Contact/Locate 03/08/2010 13:56:29 218 W 1 ITH ST 2010-00005246 VCO-Violation of Court Order 04/03/2010 20:11:51 209 W 1 1TH ST 2010-00005680 DOM-Domestic 04/11/2010 13:33:41 209 W 1 1TH ST 2010-00006264 SPV-Suspicious Person/Veh/Circ 04/20/2010 15:27:27 209 W 1 1TH ST 2010-00007001 HUP-Abandoned 911 Call 05/03/2010 19:45:47 209 W 1 1TH ST 2010-00007603 VPR-Vehicle Prowl 05/13/2010 09:40:00 209 W 1 1TH ST 2010-00013775 cc 08/12/2010 01:53:14 200 W 1 1TH ST :10 8/27/2010 10:53:36 AM From: Ed Schilke To: Sue Roberds Date: 8/10/2010 10:00 AM Subject: Fwd: Re: Street Vacation -STV 10-03 Attachments: 203w 12201 0.xIs; 203w I 22009.xls; 203w I 22008.xls; 203w 1 22007.xls; 203w I 2th2OO 5.xls; 203w 1 2th2OO6.xls Here it is again. This time I included 2005 and 2006. ED >>> Ed Schilke 7/30/2010 1:22 PM >>> Sue, I have run a query on our incident data (an incident is a call for service that resulted in police response) for the address in question. Each file shows the incident activity, by type of call, tied to the given address for a given year, 2007-2010. Other incidents could have occurred wherein neighbors called regarding activities at the noted address. It would be very difficult if not impossible to query that data. You may interpret the data as you will. I am not able to offer any further analysis regarding supervision of the site and how that has related to need for police responses. You could ask those actively working patrol for their observations regarding any apparent need for supervision at the site. They could speak from their experiences related to responses they have made. If you need further objective data, let me know and I will try to help. Hope this helps. Ed Schilke >>>Sue Roberds 7/30/2010 12:46 I'M >>> Ed: It would be helpful to get an overview of the characteristics of the residential use at the subject address as it is currently being operated. We have had reports from neighbors that disruptive behavior has resulted from the group occupancy. I just don't want to be surprised at a public hearing to hear that the neighbors have observed the Police Department at this address for various reasons purportedly related to the occupancy and be surprised. Although I know we are looking at the land use issue in this matter and many "normal" residences in the City also have the need to phone the Police, this is a use that is being requested to exist without much supervision. The question is then, does there appear to be a need for more supervision than currently exists. To try to make this short- have there been many calls for assistance or because of disruption to this address in say the past 5 years? Thanks, Sue Incident Address Incident Date And Time Incident Type 203 W 12TH ST 06/13/2006 01:23:28 BRG - Burglary 203 W 12TH ST 06/13/2006 01:23:44 BRG - Burglary : 2 203 W 12TH ST 11/10/2006 18:31:19 DRG - Drug Violation : 1 203 W 12TH ST 06/13/2006 01:22:09 IFM - Information-Misc (Other) Incident Address Incident Date And Time Incident Type 203 W 12TH ST 08/30/2005 10:05:18 ANN -Animal-Noise 203 W 12TH ST 09/01/2005 10:50:08 ANN -Animal-Noise : 2 203 W 12TH ST 06/13/2006 01:23:28 BRG - Burglary 203 W 12TH ST 06/13/2006 01:23:44 BIRG - Burglary : 2 203 W 12TH ST 11/10/2006 18:31:19 DRG- Drug Violation : 1 203 W 12TH ST 06/13/2006 01:22:09 IFM - Information-Misc(Other) 203 W 12TH ST 04/17/2005 20:17:30 MED- Medic/Aid Call 203 W 12TH ST 09/12/2005 14:00:20 SPV-Suspicious Person/Veh/Circ Incident Address Incident Date And Time Incident Type 203 W 12TH ST 11/26/2007 20:31:56 ALR-Alarm : 1 203 W 12TH ST 08/05/2007 09:23:19 MMI - Malicious Mischief 203 W 12TH ST 08/30/2007 09:53:09 MMI - Malicious Mischief : 2 203 W 12TH ST 08/02/2007 09:48:25 TFT-Theft : 1 203 W 12TH ST 04/03/2007 20:54:55 TRS-Trespass Incident Address Incident Date And Time Incident Type 203 W 12TH ST 12/18/2008 09:38:07 HUP-Abandoned 911 Call 203 W 12TH ST 09/16/2008 19:18:57 ODP-Overdue Person 203 W 12TH ST 06/21/2008 22:32:48 RFP-Request for Frequent Patrol 203 W 12TH ST 12/23/2008 02:04:07 SPV-Suspicious Person/Veh/Circ 203 W 12TH ST 12/31/2008 17:35:47 WPD-Weapon Discharged Incident Address Incident Date And Time Incident Type 203 W 12TH ST 08/13/2009 20:24:08 ATC-Attempt to Contact/Locate : 1 203 W 12TH ST 08/28/2009 13:21:39 CMA-Citizen/Motorist Assist : 1 203 W 12TH ST 07/08/2009 22:21:03 DIS- Disturbance 203 W 12TH ST 11/15/2009 03:37:52 DIS- Disturbance : 2 203 W 12TH ST 04/19/2009 07:40:19 HUP-Abandoned 911 Call 203 W 12TH ST 08/17/2009 12:10:36 HUP-Abandoned 911 Call : 2 203 W 12TH ST 11/21/2009 13:54:40 IFM - Information-Misc (Other) : 1 203 W 12TH ST 07/16/2009 23:47:37 MED- Medic/Aid Call 203 W 12TH ST 07/26/2009 11:05:06 MED- Medic/Aid Call : 2 203 W 12TH ST 09/05/2009 14:47:02 MMI - Malicious Mischief : 1 203 W 12TH ST 09/05/2009 06:18:47 WRA-Warrant Arrest Incident Address Incident Date And Time Incident Type 203 W 12TH ST 02/09/2010 17:38:53 DIS- Disturbance : 1 203 W 12TH ST 04/29/2010 23:12:57 DOM - Domestic : 1 203 W 12TH ST 01/14/2010 05:00:01 MED- Medic/Aid Call : 1 203 W 12TH ST 01/15/2010 23:02:17 MEN - Mental Person-Commitment 203 W 12TH ST 02/18/2010 10:03:08 MEN - Mental Person-Commitment : 2 203 W 12TH ST 02/19/2010 09:00:07 ODP-Overdue Person : 1 203 W 12TH ST 06/08/2010 09:45:55 SPV-Suspicious Person/Veh/Circ 17.08.010 C-10 17.08.010 - "A" A. . Accessory Building or Use- one which is subordinate and incidental to and serves a principal building or principal use and which is located on the same zoning,lot as the principal building or principal use served. (Ord. 3042 §3 (part) 1/28/2000; Ord. 2921 §1, 6/28/1996; Ord. 2861 §1 (part), 3/17/1995; Ord.465-2-§l (part), 9/27/1991; Ord. 1709 §1 (part), 12/22/1970) B. Accessory Residential Unit-a dwelling unit which is incidental to a detached single family residence, is subordinate in space (i.e., fifty percent or less space than the single family residential use), and is located on the same zoning lot as the single family residence. An accessory residential unit is served by water and electrical service that is separate from the primary residential service and.has a separate address. (Ord. 3042 §3 (part) 1/28/2000; Ord.2861 §I (part),3/17/1995) C. Adult Family Home-a-one-family dwelling of a person or persons who areproviding personal care, room and board to more than one (1) but not more than six (6) adults who are not related by blood or marriage to the perso�n or ers ovv.ding the services and who are licensed by the State of Washington pursuant to Una ter 18.48 � d Chapter 70.128 RCW (Adult Family 199 . . Ora Home regulations). (Ord.2948 §5 (part),2/14/199 ; 0 ,2861 §I (part),3/17/1995;Ord.-26-52.§I (part), 9/27/1991) . D. Affordable Housing - residential housing available for sale or rent that requires a monthly housing cost,including utilities other than telephone, of no more than thirty percent of the income of an eligible household. An eligible household is one with a total household income no greater than 80%of the Clallarn County median income as reported by the Washington State Office of Financial Management. (Ord 3 343 §1, 1/1/2009) E. Alley - a public right of way which provides service access to abutting property. (Ord.2861 §I (part),3/17/1995; Ord. 2652 §I (part), 9/27/199 1; Ord. 1709 §I (part), 12/22/1970) F. Amendment-a change in language ofthe zoning text which is an official part of these Zoning Regulations. (Ord. 2861 §I (part), 3/17/1995) G. Animal Husbandry, Commercial-the care and raising of animals,particularly farm animals, for agricultural or other commercial purposes, provided that this shall not include noncommercial animal husbandry, private horse stables, up to three dogs and cats which are not house pets, or house pets. (Ord.3053§I (part), 6/16/2000) H. Animal Husbandry, Noncommercial - the care and raising of animals for noncommercial purposes, provided that this shall not include private horse stables, kennels, up-to t1iree dogs and cats which are not house pets, or house pets. (Ord.3053§I (part), 6/16/2000) I. Antenna-any pole,panel,rod,reflection disc including satellite earth station antenna as definedby47 CFR Sections 1.4000 and 25.104,or similar device used for the transmission and/or reception of radio frequency signals. (Ord. 3089 §2 �mrt), 6/29/2001) J. Antenna support structure- any building or structure other than a tower which can be used for location of telecommunications facilities. (Ord. 3089 §2 (part), 6/29/2001) K. Apartment-a room,or a suite of two or more rooms in a multiple dwelling,occupied or suitable for occupancy as a dwelling unit for one family. (Ord. 3089 §2 (part), 6/29/2001) L. Applicant-any person that applies for approval from the City. (Ord.3089 §2(part), 6/29/2001) M. Application - the process by which the owner of a parcel of land within the City submits a request to develop, construct, build, modify, erect or use such parcel of land. "Application" includes all written documentation, verbal statements, and representations, mi whatever form or forum,made by an applicant to the City concerning such a request. (Ord.3089 §2 (part), 6/29/2001) N. Assisted Living Facility or Boarding Home - A residential facility that provides domiciliary services to three or more persons of the age 65 or more, or less than age 65 who by reason of infirmity require domiciliary care and who do not require the more intensive care provided by a nursing home,and that is licensed by the State as a"Boarding Home"pursuant to chapter 18.20 RCW. (Ord. 3089 §2 (part), 6/29/2001; Ord 3053 §1 (part), 6/16/2000; Ord. 2948 §5 (part), 2/14/1997; Ord. 2861 §I (part), 3/17/1995; Ord.24-5-2-§I (part), 9/27/1991; Ord. 1709 §1 (part), 12/22/1970) 'A Q� 1.7 - 11 12/2008 COPY Peninsula Community Mental Health Center(PCMHC) is applying f6r a conditional use permit for our supported living housing unit at 203 W. 12th Street. This residence has been utilized as a supported living/transitional housing unit for 4-6 unrelated adult residents since 1997. All of the tenants who have resided at this location since 1997 have been low income individuals who have been diagnosed with a mental illness. The typical monthly incomes of residents who rent rooms in this supported housing unit range from -71339.00 to $637.00. Of the six current residents at this location, one has a vehicle and typically parks it on 12th street. The other five residents take public transportation as necessary. In addition, one of the current residents is employed. Staff from PCMHC visit the residence 4-7 days per week to provide coaching and skill J� building activities such as self-advocacy skills training, social interpersonal skills training, meal preparation, and house cleaning. The main goal in supported housing is to provide an independent living setting with minimal supports that will allow the each 0 resident to transition to housing that is operated independently of the mental health center over time. We work to raise the quality of life for each client and empower them to live independently in our cornmunity. �-None of the residents in the supported living unit meet the criteria for higher levels of -non-independent living services'such as group home, board and care, or inpatient treatment. Each of these services require 24-hour staffing on site. 4 5- U) k4 c 1-f t' z2d e Aler 70 zgw 0, /73' -11V 0177 yr/ 6-1 s NQD 6"E—v r--57 Do' IVO F Mao lkle-,- 7xAe '/5 AI'91-'Ylxl� PORTANGELES WASH I NGTON, U. S. A. OREM 0� L-->4 Peninsula Regional Support Network Page I of I 18 -s7 KITSAu P COUNTY All Catalogs Personnel & Human Services I ha- r, 5 A 4th, Personnel and Human Services Elk 1 614 Division Street,MS-23 Port Orchard,WA, 98366 Phone;360.337.7185 Fax:360.337.7187 kr k �*�JlAau PENINSULA REGIONAL SUPPORT NETWORK Last Updated: February 25,2010 n on 0 r visory Board KITSAP COUNTY HUMAN STAFF CONTACT a bappp�l rk Ad, SERVICES Anders Edgerton PRSN Hon.5 PROGRAMS& Regional Administrator SERVICES aedgertn@co.kitsap.wa.us 6rochurez!ProgrF-rrlr.fb Phone: (360)337-48806 Aging&Long Stacey Smi Term Care Resource Manager/Compliance Officer Cli--rtRic% Commission on sasmith@co.kitsap.wa.us Children&Youth Phone: (360)337-4648 Contn-=f�b- Developmental Tina Mitchell Disabilities Quality Assurance Manager/HIPPA Officer N5tviorkProvi&55 cmitchel@co.kitsap.wa.us Events/Calendar Phone:(360)307-4274 Ombuds S=-r.,ices Toby Bingham Human Rights Children's Services Coordinator t.bingham@co.kitsap.wa.us polices Job Training Phone:(360)337-4872 (WorkSource) Richard VanCleave Kitsap Recovery Clinical Services Manager Center RVanCleave@co.kitsap.wa.us M.ental Health Phone:(360)307-4275 R�-port PRSN Linda Ward S=-FV i Ces Substance Abuse Clerical Support lward@co.kitsap.wa.us Veterans Phone: (360)337-4604 Staff C,,.onta ct Assistance Toll Free Number: Youth Mentoring (800)525-5637 FAX: ADVISORY (360)337-5721 BOARDS& COUNCILS Boards& Councils BLOCK GRANT PROGRAM Kitsap County Block Grant Program Privacy Poficy Disclaimer Comments/email http://www.co.kitsap.wa.us/hr/wsolympic/prsn/prsnstaff.htm 8/9/2010 ir Ao 5Z,,I!r, 7 PEER Support -DSHS/MHD Page I of I Peer ort rt for other alified to provide t'UPPL)1L1711CUU1C1Yt=1111-_11L C111U 1t=Z5LPU1t_CZ5 LU LU11Z)U111t=1Z5 C311U 10111111t=� Ut=LCIUZ�� UICY iiavt= oeen in a similar situation and know what it feels like. They assist consumers in identifying life goals and taking specific steps to achieve them--steps such as building up social support networks, managing internal and exterr stress, and navigating service delivery systems. Peer Counselors work for or subcontract with licensed mental health agencies to provide peer support services. Peer Counselors help consumers identify goals that promote recovery and resiliency and assist them in identifying services and activities to help them reach these goals. Peer Counselors share their own experiences in recovery to encourage consumers to regain hope in, and control over their own lives. Th( promote personal responsibility for recovery and assist consumers in learning to advocate for themselVE Peer Counselors work with consumers in groups or individually. Peer counselors are well grounded in their own recovery and model competency in ongoing coping skills. The Washington State Peer Support Counselor Training Program has now trained and certified consumei since 2005. The Division of Behavioral Health and Recovery has conducted 21 separate 40-hour training Approximately 25 consumers attended each 1-week training. Peer Support Counselors become certified by successfully completing the training, passing the certification exam, and obtaining the Department ol Health Re istered Re istered Counselor Credential. e Laws Governing Peer Support: WAC 388-865-0107, WAC 388-865-0150,WAC 388-865- 02M, and WAC388-865-0400 For Further Information Contact: CRonnie Stapies - P er Support Program Administrator -1883 360) 725 IDocuments lApplication 1Peer Counselor App ication E E E F'ED F:V], :-:e:�r : ITraining IPeer Counsel ing-Trai n i ng Schedule 2010 0 1Peer Support Training Curricula (Manual) IReer Support Training-Curricula Appendix (Manual) olo DE-6t—er ITesting IPeer Counseling Examination Schedule 2010 JEE==PQF�Vi, �-er Please note- in 2010 Peer Councelor exam candidates will be required to independently schedule for their exam. Exam notification letters will not be mailed. Adobe Acrobat'Reader is required to view PDF files and you can download it for free. Page modifled January 19,2010 Privac Notice Contact this Program Contactf�_S_HS DSHS Webmaster http://www.dshs.wa.gov/mentalhealth/peer.shtml 8/6/2010 WAC 388-865-0107: Peer counselor certification. Page 1 of 1 WAC 388-865-0107 Peer counselor certification. The mental health division certifies consumers to provide peer support services. (1) In order to be certified as a peer counselor, all applicants must meet the following requirements: (a)Be a self-identified consumer of mental health services,as defined; (b)Maintain registration as a counselor under chapter 18.19 RCW; (c)Complete specialized training provided or contracted by the mental health division; and (d)Successfully pass an examination administered by the mental health division or an authorized contractor. (2)The training requirement specified in (2)(c)of this subsection is waived for consumers who were trained prior to October 1, 2004 by trainers approved by the mental health division, provided that all of the other requirements are met by January 31, 2005. (3)A consumer whose request for certification is denied has the right to contest this decision by submitting a written request to the mental health division within twenty-eight calendar days of the date of notification: (a)The request should include the consumer's name,address,and telephone number and a brief explanation of the issue and resolution being requested; (b)The consumer also has the right to use the state administrative hearing process as described in chapter 388-02 WAC; (c)A consumer who completes the administrative hearing process may request reconsideration in accordance with chapter 388-02 WAC but does not have recourse to review by the IDSHS board of appeals. [Statutory Authority:RCW 71.24.035(5)(c),71.24.037.05-17-156,§388-865-0107,filed 8/22/05,effective 9/22/05.] http://apps.leg.wa.gov/WAC/default.aspx?cite=388-865-0107 8/6/2010 WAC 388-865-0150: Definitions. Page 1 of 3 WAC 388-865-0150 Definitions. "Adult" means a person on or after their eighteenth birthday. For persons eligible for the medicaid program,adult means a person on or after his/her twenty-first birthday. "Certified peer counselor"is defined as a consumer of mental health services who has met the registration, experience, and training requirements, has satisfactorily passed the examination, and has been issued a certificate by the mental health division as specified in WAC 388-865-0107. "Child"means a person who has not reached his/her eighteenth birthday. For persons eligible for the medicaid program, child means a person who has not reached his/her twenty-first birthday. "Clinical services"means those direct age and culturally appropriate consumer services which either: (1)Assess a consumer's condition,abilities or problems; (2)Provide therapeutic interventions which are designed to ameliorate psychiatric symptoms and improve a consumer's functioning. "Consumer" means a person who has applied for, is eligible for or who has received mental health services. For a child, under the age of thirteen, or for a child age thirteen or older whose parents or legal guardians are involved in the treatment plan,the definition of consumer includes parents or legal guardians. "Consultation"means the clinical review and development of recommendations regarding the job responsibilities, activities, or decisions of, clinical staff, contracted employees,volunteers, or students by persons with appropriate knowledge and experience to make recommendations. "Cultural competence" means a set of congruent behaviors,attitudes, and policies that come together in a system or agency and enable that system or agency to work effectively in cross-cultural situations.A culturally competent system of care acknowledges and incorporates at all levels the importance of language and culture, assessment of cross-cultural relations, knowledge and acceptance of dynamics of cultural differences,expansion of cultural knowledge and adaptation of services to meet culturally unique needs. "Ethnic minority"or"racial/ethnic groups"means,for the purposes of this chapter, any of the following general population groups: (1)African American; (2)An American Indian or Alaskan native,which includes: (a)A person who is a member or considered to be a member in a federally recognized tribe; (b)A person determined eligible to be found Indian by the secretary of interior,and (c)An Eskimo,Aleut, or other Alaskan native. (d)A Canadian Indian, meaning a person of a treaty tribe, Metis community, or nonstatus Indian community from Canada. (e)An unenrolled Indian meaning a person considered Indian by a federally or nonfederally recognized Indian tribe or off reservation Indian/Alaskan native community organization. (3)Asian/Pacific Islander; or (4)Hispanic. "Medical necessity"or"medically necessary"-A term for describing a requested service which is reasonably calculated to prevent, diagnose,correct, cure, alleviate or prevent the worsening of conditions in the recipient that endanger life,or cause suffering or pain,or result in illness or infirmity,or threaten to cause or aggravate a handicap,or cause or physical deformity or malfunction,and there is no other equally effective, more conservative or substantially less costly course of treatment available or suitable for the person requesting service. For the purpose of this chapter"course of treatment" may include mere observation or,wher6appropriate, no treatment at all. "Mental health division"means the mental health division of the Washington state department of social and health services(DSHS). DSHS has designated the mental health division as the state mental health authority to administer the state and medicaid funded mental health program authorized by chapters 71.05, 71.24, and 71.34 RCW. "Mental health professional" means: http://apps.leg.wa.gov/WAC/default.aspx?cite=388-865-0150 8/6/2010 WAC 388-865-0150: Definitions. Page 2 of 3 (1)A psychiatrist, psychologist, psychiatric nurse or social worker as defined in chapters 71.05 and 71.34 RCW; (2)A person with a masters degree or further advanced degree in counseling or one of the social sciences from an accredited college or university. Such person shall have, in addition,at least two years of experience in direct treatment of persons with mental illness or emotional disturbance, such experience gained under the supervision of a mental health professional; (3)A person who meets the waiver criteria of RCW 71.24.260,which was granted prior to 1986; (4)A person who had an approved waiver to perform the duties of a mental health profession that was requested by the regional support network and granted by the mental health division prior to July 1,2001; or (5)A person who has been granted a time-limited exception of the minimum requirements of a mental health professional by the mental health division consistent with WAC 388-865-0265. "Mental health specialist" means: (1)A"child mental health specialist"is defined as a mental health professional with the following education and experience: (a)A minimum of one hundred actual hours(not quarter or semester hours)of special training in child development and the treatment of children and youth with serious emotional disturbance and their families;and (b)The equivalent of one year of full-time experience in the treatment of seriously emotionally disturbed children and youth and their families under the supervision of a child mental health specialist. (2)A"geriatric mental health specialist"is defined as a mental health professional who has the following education and experience: (a)A minimum of one hundred actual hours(not quarter or semester hours)of specialized training devoted to the mental health problems and treatment of persons sixty years of age or older;and (b)The equivalent of one year of full-time experience in the treatment of persons sixty years of age or older, under the supervision of a geriatric mental health specialist. (3)An "ethnic minority mental health specialist"is defined as a mental health professional who has demonstrated cultural competence attained through major commitment, ongoing training,experience and/or specialization in serving ethnic minorities, including evidence of one year of service specializing in serving the ethnic minority group under the supervision of an ethnic minority mental health specialist; and (a)Evidence of support from the ethnic minority community attesting to the person's commitment to that community;or (b)A minimum of one hundred actual hours(not quarter or semester hours)of specialized training devoted to ethnic minority issues and treatment of ethnic minority consumers. (4)A"disability mental health specialist"is defined as a mental health professional with special expertise in working with an identified disability group. For purposes of this chapter only, "disabled"means an individual with a disability other than a mental illness, including a developmental disability,serious physical handicap,or sensory impairment. (a) If the consumer is deaf,the specialist must be a mental health professional with: (i)Knowledge about the deaf culture and psychosocial problems faced by people who are deaf; and (ii)Ability to communicate fluently in the preferred language system of the consumer. (b)The specialist for consumers with developmental disabilities must be a mental health professional who: (i)Has at least one year's experience working with people with developmental disabilities; or (ii) Is a developmental disabilities professional as defined in RCW 71.05.020. "Older person"means an adult who is sixty years of age or older. "Regional Support Network(RSN)"means a county,a combination of counties, or a private nonprofit entity that administers and provides publicly funded mental health services for a designated geographic area within the state. "Service recipient" means for the purposes of a mental health prepaid health plan, a consumer eligible for the Title XIX http://apps.leg.wa.gov/WAC/default.aspx?cite=388-865-0150 8/6/2010 A CITY OF PORT ANGELES Planning Department City Hall Port Angeles, Washington August 23, 1991 FILE NO. : ZCA-91(08) 06 C C- 1. APPLICANT: City of Port Angeles 2 . REQUESTED AMENDMENT TO THE ZONING CODE: At its July 2, 1991, meeting, the City Council moved to initiate review of the State's model ordinances for residential and child care facilities. M C C, --q C 3 . EXISTING ZONING STANDARDS: The current Zoning Ordinance .allows day care facilities with Conditional Use Permits in the RS-7, RS-9, OC, CN, CSD-Cl and C2, ACD, and CBD Zoning Districts. In no district are day care facilities allowed without Conditional Use Permit approval. The Zoning Ordinance does not distinguish between different sizes and types of day care facilities, except for specifica-tion of mini day care centers. The Zoning Ordinance does not specifically list residential care facilities in any zoning district, but group homes and C�r hospices are listed as conditionally permitted in the RS-7 and nr RS-9 Districts, and social service agencies providing 24-hour residential care facilities are conditionally permitted in the CBD, ACD, and LI Districts. r 4 . DEPARTMENTAL COMMENTS: The Departments of Public Works, Fire, Light, and the City Clerk have reviewed the proposal and offered no comments. COMPREHENSIVE PLAN: The following Comprehensive Plan Goals, Policies, and Objectives appear to be most applicable to the requested Zoning Code Amendment: Goals A community where development and use of the land are done in a manner that is compatible with the environment, the characteristics of the use and the users. The provision of community facilities which meet the needs of the people of all areas of the city and enhance the character and quality of all areas of the city. F le No. ZCA-91 (08) 0b Department Report Page 2 A community of viable neighborhoods and variety of oppor- "unities for personal interaction, fulfillment and enjoyment', attractive to people of all ages, characteristics and interests. - Residential Policies Nos. 2 and 18: 2 . Residential land should be developed on the neighborhood concept. 0 18. High density development should be allowed in areas which would provide aesthetic amenities or suburban environ- mental characteristics to a larger percentage of the population, provided such development would not have Z4 adverse impacts on the surrounding low density M development. M C) Commercial Policies No. 1: CD X M 1. New commercial development should occur only where street M and access, and. sewer, water, and power services are adequate to accommodate them. These services should be provided prior to or at the time of development, not afterward. CD 70 Social Policy No. 4 : 4 . As much as possible, the city should encourage the M provision of services for people of all ages, charac- IZD C)r- teristics and interests. n M C= Ln X M Social Objectives Nos. 2 and 3: M 2 . To provide for, encourage, and preserve the identity of )> the neighborhoods in the city. 3 . To make the environment of the community conducive to a better life: spiritually, morally, and physically through the provision of various opportunities. Land Use Objectives Nos. 1 and 2: C3 1. To e�ncourage the most appropriate use of the land in Port M Angeles. 2 . To group together similar and functionally related land uses; to prevent land use conflict resulting from the unplanned intermingling of incompatible uses. In the interest of conciseness the entire Plan has not been cited. However, the full intent of the Comprehensive Plan has been considered in this analysis. File No. ZCA-91 (08) 06 Department Report Page 3 6. ENVIRONMENTAL REVIE A Determination of Non-Significance (DNS) has been issued by the SEPA Responsible Official for the proposed Zoning Code Amendment. This action fulfills the City's responsibility under the State Environmental Policy Act, Chapter 43 .21C RCW. 7 . PLANNING DEPARTMENT EVALUATION: CD A. CHILD DAY CARE FACILITIES The State's model ordinance for day care facilities defines child day care as the provision of supplemental parental care and supervision for an unrelated child or children, on a regular basis, for less than 24 hours a day, and under license E/) =C by the Washington State Department of Social and Health Services. Day care does not include baby sitting services of M CD a casual, non-recurring nature or in the child's own home, nor does it include cooperative, reciprocative child care by a group of parents in their respective homes. The model ordinance provides for three types of day care > --- facilities. A family day care home regularly provides care during part of the 24-hour day to six or fewer children. A mini day care center provides for the care of 7 to 12 C) �0 children. A child day care center provides for the care of 13 or more children. Child day care centers may not be located in a private family residence unless the portion of the M residence where the children have access is used exclusively 1 for the children during the hours the center is in operation CDr_ n M and is separate from the usual living quarters of the family. More recent State licensing requirements have eliminated mini M day care centers in favor of family day care homes. M > The model ordinance permits family day care homes by right in districts which permit residential uses. Mini day care centers would require Conditional Use Approval if located in residential districts and would ne permitted outright in all others. A day care center would require a Conditional Use Permit in residential districts and would be permitted by right in all commercial districts. CD Since the State has eliminated the mini day care facility classification, the Planning Department proposes a two-tiered classification be retained for the purpose of local control. The first tier, family day care homes, would be permitted outright through exemption as a Home Occupation in the zoning districts that permit residential uses. The second tier, child day care centers, would continue to be conditionally permitted in the RS-7, RS-9, and RMF Zones, and permitted by right in the CBD, ACD, OC, CN, CSD-Cl and C2 Zones. File No. ZCA-91 (08) 06 Department Report Page 4 In creating "his two-tiered system, the city would be imple- menting the State's recommendations that all family day care homes for 1 to 22 children be permitted by right and that day care centers be permitted by right in commercial zoning districts and by conditional use in residential zoning districts. The intent is to strike a balance between the need to remove barriers to providing day care and the need to ensure day care facilities do not adversely impact the neighborhoods in which they locate. CD B. RESIDENTIAL CARE FACILITIES: The State's model residential care ordinance includes three types of residential care facilities. "Adult family homes': are regular family dwellings in which up to four to six unrelated persons may be provided personal care, room� 1� a: board. A "residential care facility" is a facility for 5Nto r-.CD 15 people with functional disabilities. A "supported living arranaement" is a dwelling unit owned or rented by one or more persons with functional disabilities who receive assistance with daily living and/or medical care from properly licensed individuals or agencies. The model ordinance would permit by right all three classi- fications in all residential and commercial zones. However, similar to the day care situation, the need to provide C� ;10 adequate housing for special needs populations should be balanced with the need to ensure residential care facilities do not adversely impact residential neighborhoods. C7 A t The Planning Department agrees that adult family homes and supported living arrangements could be permitted uses wher;---- A residential uses are permitted. Adult family homes, by�� definition, are limited to 4 to 6 unrelated adults, and the number of persons living in a supported living arrangement A would be limited to six unrelated individuals. Residential > care facilities, however, can house up to 15 residents and should be subject to local review with respect to potential impacts on the neighborhood. The Planning Department is recommending that adult family C�- homes and supported living arrangements be permitted in those C-1 districts in which residential uses are permitted (except RTP) and that residential care facilities be permitted with a Conditional Use Permit in the RS-7 and RS-9 Districts and permitted by right in the RMF and commercial districts (except OC) . In addition, a definition for family be added, which limits to 6 the unrelated adults that could live in a single \---�!��dwelling unit. 8 . PIANNING DEPARTMENT RECOMMENDATION: �1<0_ The Planning Department recommends the Planning Commission forward a favorable recommendation to adopt the attached Zoning Code amendments ordinance, citing the following findings and conclusions: File No. -,'CA-91(08) 06 Department Report Page 5 FINDINGS: 1. The Zoning Ordinance does not permit by right day care facilities in any zoning district within the City. 2 . The Zoning Ordinance does not make a specific distinction between size and type of day care facilities. 3 . The Z(;ning Ordinance requires that all day care facili- CD ties obtain a Conditional Use Permit, regardless of type, size, and location. 4 . The Zoning Ordinance does not permit by right residential care facilities in any zoning district within the City. 5. The Zoning Ordinance does not make a distincticn between size and type of residential care facilities. M 0 6. The Zoning Ordinance requires that all residential care CIM facilities obtain a Conditional Use Permit, regardless of size, type, and location. 7 . The State's model ordinances for day care and residential care facilities have been considered for this proposal. --i Ln 8. The Comprehensive Plan has been considered with respect CDM n > to the Zoning Code Amendments. X 9. Recent census studies indicate changing composition of V) family groups and higher incidence of employment of both CD r- C-1 M parents outside the home. X (n M M CONCLUSIONS: > A. The Zoning Code Amendments are consistent with the Comprehensive Plan and specifically with Residential Policies Nos. 2 and 18, Commercial Policy No. 1, Social Policy No. 4 , Social Objectives Nos. 2 and 3, Land Use objectives Nos. 1 and 2, and the following Goals: Co A community where development and use of the land are done in a manner that is compatible with the environment, M the characteristics of the use and the users. The provision of community facilities which meet the needs of the people of all areas of the city and enhance the character and quality of all areas of the city. A community of viable neighborhoods and variety of opportunities for personal interaction, fulfillment and enjoyment, attractive to people of all ages, charac- teristics and interests. B. The amendments would contribute to provision of afford- able, quality day care which is critical to the well- File No. ZCA-91 (08) 06 Department Report Page 6 being of parents and children in the community and is a needed community service. C. The amendments would contribute -to provision of housing facilities for special needs populations and therefore fulfills a needed community service. D. Changes in circumstances of family relationships have occurred since the Zoning Code and !Comprehensive Plan were adopted. E The proposed amendment is in the public use and interest. This action constitutes a recommendation to the City Council, which Ias final authority. Staff contact: John Jimerson PLAN. 496 Group Homes: Local Control and Regulation Versus Federal and State Fair Housing Laws Page I of 13 Municipat Research and Services Center of Washington RoS Working Together for Excellence in Local Government Group Homes: Local Control and Regulation Versus Federal and State Fair Housing Laws Reprinted with permission of the author and the Washington State Bar Association by Ted H. Gathe City of Vancouver 210 E. 13 th Street Vancouver, WA 98660 (360) 696-8251 Article prepared for the Washington State Bar Association Land Use Conference, May 1997. TED H. GATHE is the City Attorney for Vancouver, Washington and a member of the Washington and Oregon Bar. While in private practice, he concentrated in the areas of real estate and land use law. He has served as a land use hearings examiner and a planning commissioner and has contributed articles to the Washington Municipal Attorneys Association's Legal Notes and the WSBA's Environmental and . Land Use Law Newsletter. He has a B.A. with honors from Claremont McKenna College and a J.D. from the University of Idaho. Table of Contents INTRODUCTION BACKGROUND M ETHODS--0F-M-U-NIC.1 PAL R.EGULATION RECENT FEDERAL CASELAW AND PROPOSED LEGISLATION CONCLUSION Local Control and Regulation Versus Federal and State Fair Housing Laws Ted H. Gathe, Vancouver City Attorney The views expressed in this article are those of the author and not those of the City of Vancouver.] I. INTRODUCTION In September, 1996, the Mayors of Palatine, Illinois and Edmonds, Washington testified before a subcommittee of the House Judiciary Committee. These local officials asked Congress to legislatively remedy a series of judicial interpretations of the Fair Housing Act Amendments of 1988 that severely restrict the ability of cities to decide how and where group homes can be located. This plea for a legislative response symbolizes the frustrations of many city officials who have, over the last few years, waged a mostly losing battle with group home and fair housing advocates who have been strongly supported by the Federal Government through the Departments of Housing (HUD) and Justice. Lawsuits involving Palatine and Edmonds have run the gauntlet of the federal judiciary and in http://www.mrsc.org/Subjects/Legal/gathe.aspx 4/1/2010 Group Homes: Local Control and Regulation Versus Federal and State Fair Housing Laws Page 2 of 13 so doing have established significant precedents favorable to group home advocates. This article is intended to provide a review and update on the Fair Housing Act as last reviewed in the 1993 ELUL Mid-Year Seminar. In particular, it will examine the conflict between the federal policy of supporting the unrestricted location of residential group homes for the handicapped and cities' interests in protecting and preserving the residential character of single family neighborhoods. Last, it will examine the most recent case law and proposed federal and state legislation in this area. II. BACKGROUND The deinstitutionalization of persons with mental and physical handicaps has rapidly occurred throughout the country in the last several decades. This has resulted in a proliferation of alternate living arrangements commonly referred to as "group homes". Such homes allow handicapped individuals to live together in a residential setting with the advantages of a family like structure. For many such individuals, group living arrangements are beneficial for integrating into society as well as economically necessary. In recent years, the group home concept has included a number of unsupervised, self-governing homes that provide housing for recovering alcoholics and drug addicts. A prime example are the Oxford Houses found in many communities throughout the country. The rapid increase of group homes has been controversial. In the past, a number of municipalities took a "not in my backyard" approach in regulating such housing often bowing to local neighborhood opposition by restricting their location, placement and operation. For a variety of reasons including the actions of some local governments, Congress, in 1988, amended the Fair Housing Act. [ Fair Housing Act, 42 U.S.C. § 3601 et seq A. Overview of 1988 Amendments to the Fair Housirig Act The amendments to the Fair Housing Act ("FHAA") prohibit discrimination against people with disabilities and on account of familial status in public as well as private housing. The 1988 Act also strengthened existing enforcement mechanisms by providing HUD with the power to refer cases involving breaches of conciliation agreements to the Department of Justice. In construing the Act, courts have given it broad application in order to prohibit discriminatory housing practices, and have required "a generous construction. . . in order to carry out a policy that Congress considered to be of the highest priority." [ United States v. Columbus Country Club , 915 F.2d 877, 883 (3rd Cir. 1990).] It is possible for municipalities to violate the Act in two different areas. First, the original Fair Housing Act invalidates "any law of a State, a political subdivision, or any other such jurisdiction that purports to require or permit any action that would be a discriminatory housing practice under this [Act]." [ 42 U.S.C. § 3615.] The Federal Courts have repeatedly interpreted this provision to prohibit municipal zoning and land use policies that affect the availability-of housing for individuals protected by the Act. [ See, e.g., Metropolitan Housing Dev. Corp. v. Village of Arlington Heights , 558 F.2d 1283 (7th Cir. 1977).] Second, the 1988 Amendments specifically define discrimination against the handicapped to include "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling." [ 42 U.S.C. § 3604 ff)(3)(B).] In response to the FHAA, the Washington State Legislature added a new section to chapter 35.63 RCW during the 1993 session. It reads: No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. [ 1993 Wash. Laws, 478, § 20 (also known as the Washington Housing Policy Act); see also Wash. Admin. Code 365-195-860; Wash. Rev. Code § § 35.63.220, 35A.63.240.] [emphasis added] http://www.mrsc.org/Subjects/L`egal/gathe.aspx 4/1/2010 Group Homes: Local Control and Regulation Versus Federal and State Fair Housing Laws Page 3 of 13 As a result, Washington has established an anti-discrimination policy that supports individuals who fall under the FHAA definition of "handicapped," by prohibiting land use regulations and policies which treat such individuals differently than the non-handicapped. Whether or not this provision prohibits regulations that prevent the clustering of group homes and promote community integration, is uncertain. However, as discussed herein, in light of various judicial decisions interpreting the FHAA, it does seem clear that municipal regulations may "treat a residential structure occupied by persons with handicaps differently," only if there are legitimate state and local interests properly tailored to achieve vaW regulatory goals. [ See supra S ection III.] B. Definition of Handicapped The FHAA adopted the definition of "handicap" used in section 504 of the Rehabilitation Act of 1973. [ See 29 U.S.C. § 701-794.] "Handicap" with respect to a person means that such person has a "physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or is regarded as having such an impairment." [ 24 C.F.R. § 100.201; see also 42 U.C.S. § 3602 (h).] "Major life activities" include caring for oneself, walking, seeing, hearing, speaking, breathing, learning and working. Thus, any person suffering from a physiological, neurological or mental disorder or disability of any type will be protected by the Act. This broad application is further expanded by including individuals who are perceived to be handicapped either by appearance or because of a history of some impairment covered by the Act. C. Application of the FHAA to Zoning and Land Use Regulations Prior to passage of the FHAA, the Supreme Court had already outlawed overt discrimination against the handicapped. [ See City of Cleburne v. Cleburne Living Center , 473 U.S. 432, 105 S. Ct. 3249 (1985).] In Clebume, the Court held that a requirement of a special use permit for group homes for the mentally retarded and not for any other type of commercial living arrangement such as nursing homes and boarding houses violated equal protection because there was no rational basis for the separate requirement. Thus, it would appear that Congress' intent in passing the 1988 Amendments was to provide broader legal protection to handicapped individuals in addition to prohibiting intentional discrimination. The legislative history of the FHAA clearly indicates that Congrets eAncilteids that municipal land use as well as health and safety regulations comply with its provisions. �jj�Tfhe intended to prohibit the [application of special requirements through land use regulation§, restrictive covenants, and conditional ,or special use permits that have the effectAf limiting the ability of such individuals to live in the g i residence of their choice in the community."ff H.R. Rep. No . 711, 100th Cong., 2d Sess., reprinted in 1988 U.S.0 C.A.N. 2173, 2185 ("House Report").] What is less clear is the application of facially neutral laws that may have some effect on the siting and operation of group homes. An example of this is the exemption in the FHAA which permits "reasonable. . . restrictions regarding the maximum number of occupants permitted to occupy a dwelling." [ 42 U.S.C. § 3602(h).] In a recent decision, however, the U.S. Supreme Court has brought more clarity to this issue. (See discussion in Section III (B) (1) below.) Because the Act provides additional protection to the handicapped, their ability to successfully litigate against what are viewed as restrictive zoning and land use laws has increased dramatically. Under the FHAA, litigants need not argue that zoning and land use restrictions fail the rational relation test. Nor are they required to show discriminatory intent in order to invalidate a challenged ordinance. Such litigants need only show that restrictions in question discriminate against them because of their status. Although the language in the Act is somewhat ambiguous, in a series of decisions, the courts have applied any one of three tests to scrutinize such regulations. These include: 1) discriminatory intent, 2) discriminatory impact and 3) failure to make reasonable accommodation. In construing municipal regulations challenged under the pre-1988 Fair Housing Act, the courts frequently included an analysis of such regulations' discriminatory intent against and discriminatory effect on protected classes. Today, however, under the FHAA such cases usually find only discriminatory effect because municipalities rarely enact laws that overtly discriminate against a http://www.mrsc.org/Subjects/Legal/gathe.aspx 4/1/2010 Group Homes: Local Control and Regulation Versus Federal and State Fair Housing Laws Page 4 of 13 particular type of use or user. III. METHODS OF MUNICIPAL REGULATION A number of different methods have been utilized by municipalities to regulate the location, size and use of group homes. Some of these methods have been found to be invalid. Others have been the subject of conflicting judicial decisions. This section discusses these types of regulations and the judicial responses thereto. A. Licensing and Registration EThere are a number of valid reasons to require the registration and/or licensing of group homes: 1) )protecting group home residents from individuals who may take advantage of them; 2) maintaining adequate health and safety standards for protection of the occupants and 3) identifying and facilitating a P1 ppropriate responses to homes whose residents may require special assistance during an emergency. So far, however, regulations based on such policies have not fared well. Many states have extensive licensing schemes for such homes that preempt any local regulation. (See, for example, the provisions in Washington State law (Chap. 70.128 RCW) that establish adult family homes, regulate their operation and preempt local zoning.) Even registration requirements asking for no more than the submission of basic information regarding the proposed group home has been the subject of legal challenge. In Oxford House, Inc. v. Township of Cherry Hill, [ Oxford House, Inc. v. Township of Cherry Hill , 799 F.Supp. 450, 462 (D.N . 1 1 the court construed as discriminatory mere application procedures for obtaining use permits LikeLwise' other litiganls have successfullKAM����� s t Jr ylication or permitting process viola es their right to "reasonable accommodation" in zoning ractica�.][ See United States v. Village of Palatine , 37 F.3d 1230, 1234 (7th Cir. 1994).] Even seemingly valid public safety concerns have been viewed as overly paternalistic in nature. Advocates for the handicapped argue that health and safety concerns of local government simply perpetuates public misconceptions about the handicapped that the FHAA attempts to neutralize. [ See Oxford House, Inc. v. City of St. Louis , 843 F.Supp. 1556, 1581 (E.D. Mo. 1994).]J—B—ased on the above, iFseems unlikely that a registration requirement would survive judicial scrutiny under the Act unless it i,s clearly health and safety related and is applied equally to all group living arrangements in a commun.��J B. Density Limitations Prior to passage of the FHAA, the U.S. Supreme Court considered several cases where municipalities attempted to limit the number of persons living together in a single-family dwelling. In Village of Belle Terre v. Borass, [ Village of Belle Terre v. Borass , 94 S.Ct. 1536 (1974).] the Supreme Court upheld Belle Terre's zoning ordinance against a challenge brought by six unrelated students who lived in a single family house. The ordinance in question defined family in such a way that no more than two of the unrelated students could live in the house. The Court found that the ordinance was not an unconstitutional violation of equal protection or the rights of association, travel, and privacy, and concluded that the regulation was a reasonable legislative decision. In 1977, the Court was confronted with a challenge to a municipal ordinance that defined "family" in a way that included only a narrow category of individuals who were directly related to one another and thereby excluded the Plaintiff's family from residing together. [ Moore v. City of East Cleveland , 97 S.Ct. 1932 (1977).] The Court distinguished East Cleveland from Belle Terre noting that the ordinance in Belle Terre affected only unrelated individuals. The Court further held that the East Cleveland ordinance interfered with the freedom of personal choice in family living arrangements in violation of the Due Process Clause of the Fourteenth Amendment. Following the Belle Terre and East Cleveland, cases, many cities regulated the size of group living arrangements by distinguishing between related and non-related individuals using a restrictive definition of "family". http://www.mrse.org/Subjects/Legal/gathe.aspx 4/l/2010 Group Homes: Local Control and Regulation Versus Federal and State Fair Housing Laws Page 5 of 13 However, after passage of the FHAA, group home advocates challenged such restrictions with support from HUD and the Department of Justice. A series of cases worked their way through the federal judiciary resulting in two conflicting opinions rendered by the Circuit Courts, one of which relied on the distinction the U.S. Supreme Court had drawn in the Belle Terre case. Ultimately the Supreme Court accepted review of a Ninth Circuit appeal involving the City of Edmonds. [ Elliot v. City of Athens , 960 F.2d 975 (11th Cir. 1992); City of Edmonds v. Wash. State Bldg. Code Council , 18 F.3d 802 (9th Cir. 1994).] 1. Numerical and Occupancy Limitations and the Definition of "Farr�ily" As clarified by the Supreme Court in City of Edmonds v. Oxford House, Inc., there is a distinction between municipal land use restrictions and maximum occupancy limits. [ City of Edmonds v. Oxford House, Inc ., 115 S.Ct. 1776 (1995).] Whereas land use restrictions designate districts in which only compatible uses are allowed and incompatible uses are excluded (such as categories of single-family residences versus commercial zones), maximum occupancy limits cap the number of occupants per dwelling, relative to the available floor space or number of rooms. Maximum occupancy limits are supposed to apply uniformly to all residents of all dwelling units, since the purpose is to protect health and safety by preventing overcrowding. However, it is argued that municipalities often mask land use restrictions as maximum occupancy limits through restrictive definitions of "family" and family composition rules. That was the crux of the Edmonds case. In Edmonds, the Supreme Court held that a zoning provision governing an area zoned for single-family dwelling units, which defined a "family" as, "persons related by genetics, adoption, or marriage, or a group of five or fewer persons who are not related," described who made up a family unit, not the maximum number of occupants the unit could house. Therefore, it did not fall within the FHAA's exemption for total occupancy limits. Municipal zoning rules that cap the total number of occupants in order to prevent overcrowding of a dwelling are designed to protect public safety. Because these are non-discriminatory, legitimate government interests, maximum occupancy limits are exempted from scrutiny under the FHAA. However, the City of Edmonds' regulation described who could compose a family unit, and not the maximum number of occupants each unit may have. In answering the question of whether the Edmonds' family composition rule qualified under the maximum occupancy exemption, the court explained the distinction between land use restrictions and maximum occupancy limits. Justice Ginsburg noted that the provisions of the Edmonds Community Development Code as invoked against a group home for recovering substance abusers are "classic examples of a use restriction and complementing family composition rule. These provisions do not cap the number of people who may live in a dwelling. In plain terms, they direct that dwellings be used only to house families." [ Id . at 1782.] The court went to state: But Edmonds' family composition rule surely does not answer the question: 'What is the maximum number of occupants permitted to occupy a house?' So long as they are related 'by genetics, adoption, or marriage,' any number of people can live in a house...Family living, not living space per occupant, is what [the code] describes* [ Id . at 1782-3.] Finally, the Court emphasized that the scope of their holding was limited to concluding that the Edmonds' family composition rule did not qualify for an exemption permitting a limit on the maximum number of occupants under the FHAA. It remanded to the lower courts the issue of whether Edmonds' actions against Oxford House violate the FHAA's prohibitions against discrimination. As usual, cases in this area often raise as many questions as they answer. If Edmonds family composition rule is invalid, on what basis can the state defend R.C.W. 70.128.010(l) which limits the number of residents of state licensed adult family homes to a maximum of six? Likewise, could municipalities in Washington "piggyback" on this state law provision to support similar http://www.mrsc.org/Subjects/Legal/gathe.aspx 4/l/2010 Group Homes: Local Control and Regulation Versus Federal and State Fair Housing Laws Page 6 of 13 municipal density limitations? 2. The Requirement of Making "Reasonable Accommodation" In a suit alleging violations of the FHAA, a court must address two main questions: First, is the litigant "handicapped" within the meaning of the FHAA. As discussed above, this includes not only physically and mentally disabled individuals, but also recovering addicts, who are not currently using drugs or alcohol. If a litigant is not handicapped, he or she will not be protected under the FHAA. If the litigant is handicapped, the court moves onto its second tier of analysis: whether the government regulation or activity is discriminatory. This includes a review of the challenged zoning practices for discriminatory intent, discriminatory effects or impacts, and the "reasonable accommodations" test. While zoning regulations may be discriminatory, they may still be upheld if, on balance, they serve legitimate government interests and are rationally related to the goals of health, safety and community welfare. �e FHAA requires that governments provide a, "reasonable accommodation" for the handicapped if nece�sa r to afford an equal opportunity to use and enjoy housinc y JThe 1988 Amendments declare that I scrim ination includes: "a refusal to make reasonable accommod'ations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling." [ 42 U.S.C. § 3604 (f)(3)(B) (1988).]rh-e reasonable accommodation provision 'of the FHAA requires that municipalities be flexible when appl ying zoning restrictions to handicapped k persons living in group homesiGovernment officials are required to tailor certain zoning provisions to the needs of the handicappe'd--and the establishment of group homes, especially where it would not impose an undue burden on the local government. Often, a g—rou-p op-e-ra-tor.'or handicapped individual will request a �"Fe-a��nable accom`r5odati-o-n"' in the local ordinance, using the FHAA requirement as leverage. Any refusal to make "reasonable accommodations" may constitute illegal discrimination under the FHAA. The implication of the reasonable accommodation requirement is that a jurisdiction must sufficiently broaden its zoning rules and regulations to allow the establishment of sufficient community residences to accommodate handicapped citizens who want to live in a "homestyle" setting, rather than in an institutional environment. A city can reasonably accommodate group homes by not enforcing an e,x-clysionary definition of "family" or other such illegitimate zoning restrictions, or by changing its Code. ,[Aj reasonable accommodation, according to a majority of courts, is one which would not impose an, I .undue hardship or burden upon the entity making the accommodation and would not undermine the —basic.purpose which the requirement seeks to achi!\�ej[ United States v. Village of Marshall , 787 F. §upp. 872, 878 (W.D. Wis. 1991).] It is important to note that the courts have upheld legitimate government zoning regulations where they intentionally promote public health and safety, and are narrowly designed to reach specific ends. While the "reasonable accommodations" requirement in the FHAA takes away some municipal zoning power, it does so only to the extent that government regulations conflict with(Me-policy behind the rHAA: to protect the handicapped from baseless stereotyping, and assist in their ability to achieve �'normalization and community integrati2DJ. C. Dispersion or Spacin Requirements Requiring a mandatory minimum distance between group homes would seem to limit the number of housing opportunities available to handicapped persons in a community and thus violate the FHAA. Surprisingly, however, some advocates for group homes promote dispersion and a number of states have enacted statutory dispersion requirements. [ See Kevin Zenner, Note, Dispersion Requirements for the siting of group homes: Reconciling New York's Padvian Law with the Fair Housing Amendments Act of 1988 , 44 Buff. L.Rev. 249 (1996).] The rationale behind this kind of policy is that by requiring group homes to be distributed throughout the community, the residents are able to live in mainstream residential neighborhoods rather than in a cluster of group homes segregated from the rest of the community. http://www.mrsc.org/Subjects/Legal/gathe.aspx 4/1/2010 Group Homes: Local Control and Regulation Versus Federal and State Fair Housing Laws Page 7 of 13 1- Eamilysty e L In an early reported decision involving group homes under the FHAA, a federal district court upheld the refusal of the City of St. Paul, Minnesota to renew special use permits for three of plaintiff's group homes, because such homes would violate a local zoning provision requiring spacing between each facility. Familystyle of St.Paul, Inc. v. City of St. Paul [ Familystyle of St. Paul, Inc. v. City of St. Paul , 728 F. Supp. 1396 ( ) j addressed the appropriateness of a spacing requirement in a Minnesota statute applicable to facilities which provide residential services to handicapped individuals. In order to obtain a license for a residential program, applicants had to comply with several conditions, including a 1,320 foot spacing requirement between existing residential facilities. These special conditions were in place to, "effectuate the Minnesota policy of cleinstitutionalization of the mentally ill," and to "allow them the benefits of normal residential surroundings." [ Id . at 1398.] The City of St. Paul Zoning Code also provided for the minimum distance requirement of 1, 320 feet between zoning lots for community residential facilities. Familystyle, which provided residential living homes for the handicapped, purchased properties in St. Paul in order to operate new facilities. However, three of its permits were denied on the grounds that the facilities did not meet the 1,320 foot spacing requirement of the zoning code. On appeal to the Planning Commission, Familystyle argued that the spacing requirement had the effect of reducing the number of residents it could house, limiting a handicapped person's choice of where to live, and thus was invalid as a discriminatory housing practice under section 3615 of the FHAA. In response, the City denied the charge and asserted that federal, state, and city laws all had the same purpose, i.e. increasing the housing options available to all handicapped people by integrating them into the mainstream of the community, through a policy of cleinstitutionalization. The City further argued that, even if spacing requirements were discriminatory, they were valid because handicapped people are not a "suspect class" under Cleburne v. Cleburne Living Center; [ 473 U.S. 432 (1985).] and second, that even under strict scrutiny, the policy of cleinstitutionalization and prevention of "ghettoization" is a compelling government interest which is narrowly tailored to achieve its ends through zoning dispersal. The court agreed with the City. In its holding, the court explained that, "[t]here is a significant difference between laws which directly regulate individuals and laws which regulate institutions." It explained: Surely the Congress intended states to maintain some control over such facilities. The spacing requirements are a part of Minnesota's licensing process and the zoning code [of St. Paul] builds on those requirements in implementing its system. Because the handicapped are not directly prohibited from residing at these residences, and because states must maintain some authority over such institutions, the state and local laws are not "preempted" by section 3615. [ Id . at 1401.] Next, the court analyzed the spacing requirement to determine whether it had a discriminatory effect within the meaning of Title VIII and the equal protection clause of the Constitution. In holding that the spacing requirement was not discriminatory under a rational basis standard of scrutiny, the court concluded that because the Attorney General, the Legislature, the courts, Congress and the state of Minnesota had all promoted the policy of integration of the handicapped into the mainstream of the community, St. Paul's dispersion requirement was not discriminatory. In finding that dispersal furthers a compelling government interest, the court reasoned, Forcing new residential facilities to locate at a distance from other facilities by its very terms prevents the clustering of homes which could lead the mentally ill to cloister themselves and not interact with the community mainstream. Because the state and local laws prohibit this clustering effect, the do further the goal of integrating the handicapped into the community. [ Id . at 1404.] http://www.mrse.org/Subjects/Lega'l/gathe.aspx 4/l/20 10 Group Homes: Local Control and Regulation Versus Federal and State Fair Housing Laws Page 8 of 13 Last, the court was unwilling to find that a distance requirement of less than 1,320 feet would be a less drastic means of attaining the policy of cleinstitutionalization, thereby finding the city zoning law narrowly drawn to promote a compelling government interest. On appeal, the Eighth Circuit affirmed the district courts findings that the challenged state laws and local ordinances were not preempted by the FHAA. It noted that, "Congress did not intend to abrogate a state's power to determine how facilities for the mentally ill must meet licensing standards," and that, "the challenged state laws and city ordinance do not affect or prohibit a retarded or mentally ill person from purchasing, renting, or occupying a private residence or dwelling." [ 923 F.2d 94.] 2. Horizon House In contrast to Familystyle, Horizon House Developmental Services,lqq._y. Towns t�ip of Upper. Southampton found thatra—distance requirement of 1000-feet between gi�oup homes was- a violation of,7 1Fe_Fa_i_r -ousing-Act,and-the-equal-protection-clause of-the-Constitution.JIn Horizon Ho-use, �authampfon enacted an ordinance, requiring a 1000 foot spacing requirement between group homes for the hand ica pped.J­HoWe_-ver,-this-Wag the' fourth ordinance of its kind to be drafted by the township, beginning with a 3000 foot distance requirement which was ultimately reduced to 1000 feet!These ordinances grew out of.community opposition to.Horizon House's intent to open up group homes, evidenced by "NIMBY" testimonials voiced at public meetings�In one of its findings offact, the court explained that, ri ke its pre-decessors, the spacing requirement in Ordinance No. 300,is,grounded in 7community opposition, stereotyping and prejudice against people_with-handicaps..." [ Horizon House be-v e-io-pme-nta-I Services, Inc. v. Township of Upper Southampton , 804 F.Supp. 683, 690 (E.D. P a 1992).] The court did not believe the Township's rationale that the group homes ordinance was a well- intentioned effort to, "avoid potential clustering of homes for peqpL(��wi�h mental retardation and to promote their integration into the neighborhood." [ Id . ])Tre court basedits sike__p_ti�isrn on the fact �that the city provided no evidence how the ordinance would promote integration to support th-e rea,sonableness and legitimacy of their motives../As-a-re-s-ult, it-held—that—the--sp-acing requirement was facially invalid under the' FHkA:,'_Ce_c-au_se it created an explicit classification based on handicap with no rational basis or legitimate government interest and that it was unnecessary for plaintiffs to prove bad motives on the part of the City's legislative body in enacting the group homes ordinancejiiT�fe�d th2e (�O_urt found--that it was sufficient that plaintiffs prove the City meant and aimed to-restrict-housing,' cipportunities foripeople with..handicaps.1F Lval�idity rp seful.dis --)on the part of While the Horizon House E_o-t�rt'f(Tur�Fbot­h facial in _a�n q_p LL _p_- crimination the Township, it also concluded that the 1000 foot distance requirement violated the FHAA because it k I has-a d.isp-arate impact or effect. on the housing choices of people with handicaps. It stated, "�the s acing-requirement limits t-h-e-numbers of people with handicaps within the Township, limits their, Choices on where to-live, limits their access to essential community resources, and thwarts the-effort's bo treat people with handicaps equally in the community negatively affecting their self-esteem Id . at 697.] Because the city did not provide any evidence that clustering is detrimental to the health, safety and welfare of the community, and did not substantiate any legitimate government interest in enacting the spacing requirement, the court found that there are less discriminatory ways to accomplish these goals. Had the city provided a rational basis for dispersing occupants of group homes that was narrowly tailored to advance its' objectives, the-court might have found a legitimate interest in enacting the mate y--Cwever, "the City as prohibited by the Fair Housing Act from using' spacing requirement.pifir I , 0, w its concern for the safety and health of its disabled citizens as a pretext for actions that are actually, .based on outdated and unfounded prejudices and stereotypes about the abilities and limitations of,," hand-icapped persons./"'[ Id . at 699] 3. Comparative Analysis in Light of Recent Cases http://www.mrse.org/Subjects/Legal/gathe.aspx 4/1/2010 Group Homes: Local Control and Regulation Versus Federal and State Fair Housing Laws Page 9 of 13 There are two main distinctions between FamilystyLe , _p nd Horizon House that help explain the difference in their treatment of spacing requirements.[First,.there 'seems fo'be -a 'sig ni-ficant difference between. when a Sta�te- en5cts a broad policy again-st clustering and "ghettoization" of group homes in order to furth�r4he legitimate interests of integration, and when a municipality en-acts a local ordinance without `a supporting state policy' Second, even if a municipality could enact a dispersal ordinance without such a state policy or statute,Ti_tc6_nh(5t do so without having legitimate public.health and safety objectives.in �'Rird at the outset when drafting.such an ordinance."i'l- ncere;desire_t6­f6Ah-er-the-p .�l Licy C Pf.L�ntegrat-i��nland not merely assert apparent neuFrality while actually acting upon the fears and NIMB'i(_attitUdeis' of its non-handicapped citizens. Some commentators distinguish the Familystyle and Horizon House holdings based on the fact that in Familystyle,Lthe municipality actea _!s a,result-of quiclance from a-State regulatory-policy favoring integration, Father than indd_p6_6c1entlp r"supra note 25, at 275-278.] In famil��t�le, 156th the [ Zenne , state and city were able to demonstrate that their motives were based on findings that spacing requirements prevents clustering, and produced evidence that clustering of group homes hinders rather than promotes FHAA policies to prevent discrimination of the handicapped. JT_h­�i Tesee-m-s to be less scrutiny of statewide polices, since states regulate "institutions" r.ather than rindividuals."fAs- was-st-ait6d in Familystyle- beca_bse_the�§tate- did_nbt hav ei-any—in--dividuals in mind when enacting its dispersal regulation, it could not have violated the FHAA which prohibits discrimination against handicapped individuals. Another way to rationalize the holding of Horizon House in light of Familystyle is that the municipality there acted, not only without state regulatory guidance, but also without asserting legitimate government interests in defending its exclusionary zoning practices. Where a municipality acts without authorization or guidance from the State, its motives are more likely to be viewed as suspect and potentially discriminatory. Additionally, the thrust of the holding in Familystyle was that States do not regulate individuals when enacting p�ILicy regulations, but instead, ,monitor institutions in the interest of public health, welfare, and safety. ,When-6 rn-uhicipality enacts ,- �spacing requirements, however, eventually only a finite number of group homes will be able to locat6 rithin its boundaries. Therefore, dispersal zoning comes closer to regulating individuals, rather than . kgroup homes as "institutions," by eventually limiting the housing choices available to the handicapped. Recent cases have also helped to clarify the reason for the disparate holdings of Familystyle and Horizon House. In Charter Township of Plymouth v. Department of Social Services, et al. the Michigan Court of Appeals following the decision of Familystyle, upheld the validity of a municipal dispersal requirement. [ 501 N.W.2d 186 (1993).] The Department of Social Services was enjoined from issuing any further licenses for the operation of adult foster care facilities for failure to comply with the requirement that facilities be spaced at least 1,500 feet from each other, among other'requ i rements. The defendant claimed it was not required to comply because the FHAA preempted those statutes. The Court of Appeals disagreed. By comparing its case with Familystyle, the court explained, [W]e note that the challenged statutory requirements pertaining to notice, 'excessive concentration/ and the distance between adult foster care facilities regulate commercial institutions or enterprises... and make no attempt to prohibit handicapped or mentally ill people from residing wherever they choose. While we recognize that the clear intent of the FHAA is to prohibit discrimination against handicapped individuals in the housing market, we decline to read the remedial purposes of the act broadly to apply to profit-oriented enterprises operating adult foster care facilities for handicapped people. [ Id . at 188.] Even though the adult home in question would have accommodated six or fewer residents, the court still found that the government interest in regulating group homes outweighed any claims of discrimination in this case. tIn Banjerter v. Orem City Corporation, [ 797 F.Supp. 918 (D.Utah 1992) , rev'd , 46 F.3d 1491 (10th,,- (�Cir. .1995).] the plaintiff, a mentally retarded man, attempted to live-in -a group home operated by jChrysalis Enterprises. Because the home did not obtain a conditional use permit as required by local la w, he-was transferred to a different grouphome. The conditional use permit criteria required.group http://www.mrsc.org/Subjects/Legal/gathe.aspx 4/1/2010 Group Homes: Local Control and Regulation Versus Federal and State Fair Housing La... Page 10 of 13 fi_o_me�-to provide assurances that,there was 24-hour supervision-of tfie�residents, and that the fa66y)! [&stablish a community advisory committee through which neighborhood concerns could be addressed. Bangerter challenged the requirements as,violations of the FHAA. Using Familystyle as authority, the court found that, while the conditions were discriminatory in that they treat handicapped people differently than the non-handicapped, they were nonetheless valid because they were rationally related to legitimate government purposes. The court held that the Orem City ordinance was based on a state statute that is targeted specifically at residential facilities which accommodate handicapped individuals' who require, "a combination or sequence of special interdisciplinary or generic care, treatment, or other services that are individually planned and coordinated to allow the person to function in and contribute to, a residential neighborhood." [ Id . at 922.],'t—ec—ause the—st6tijte-refiCct-ed-[6g-i§15tiVe-c6-nci�r—n§-that'th7e-�Ta—ndi'ca-pp-----be,integrated-into-normal, s17r_r6undings,_yet.recognizi6g th6iF§pi�cial--ffe-id�,-it—f&-un—d"tK-e-(�r-dit�6nco'to-be-sufficienti�'tailor,ed'to7 meet 16,4iti-rii—ate sCafe--a­6a_I ociii. rests! By contrast, North Shore-Chicago Rehabilitation Inc. v. Village of Skokie refused to uphold a group homes ordinance which required that residents live in the home on a "permanent basis." [ North Shore- Chicago Rehabilitation Inc. v. Village of Skokie , 827 F.Supp 497 (N.D. 111. 1993).] Because the ordinance did not make reasonable accommodation for brain-injured individuals, it was discriminatory. Additionally, Skokie failed to present evidence establishing a legitimate, non-discriminatory reason for its refusal to grant North Shore's application, and proving that a reasonable accommodation was impossible. The court asserted, Skokie's justification for the state licensing requirement arises out of its concern for the welfare of the residents of the proposed facility. There is no doubt that the state is better equipped to maintain oversight agencies to assure proper care of persons in rehabilitation facilities than is Skokie. To this extent, as a general matter, local municipalities should be free in forming their zoning ordinances to require that certain rehabilitation facilities obtain available state certification or licensing... In the instant case, however, the two restrictions seized upon by Skokie bear no rational relationship to the general welfare or safety of the proposed North Shore residents. [ Id . at 922.] While the North Shore-Chicago court recognized the importance of state and local regulation of group homes under the appropriate circumstances, it refused to follow Familystyle since the municipality enacted its own regulation, unlike the state's, imposing both discriminatory and non-accommodating requirements against the handicapped. 4. Dispersion of Group Homes in Washington One possible solution to the problem of regulating group homes by location is through adoption of a state statute or policy that prescribes dispersal of such facilities in a manner similar to the Minnesota provisions discussed herein. Legal support for such a statute would have to be based on the Familystyle and related decisions with the caveat that the practical effect of any such proposed statute or policy must not result in the prohibition of group homes within a community and must recognize the necessity of providing for reasonable accommodation. This was the approach taken by sponsors of House Bill 1049 which was introduced in the 1997 Washington Legislature. The Bill amends the Washington Housing Policy Act (RCW 35.63.220) and authorizes local governments to "promote the nondiscriminatory integration of persons with disabilities and medically frail individuals who live in group homes by regulating the dispersion of group homes in residential neighborhoods." The policy rationale for this Bill is to: 1) promote mainstrearning of the handicapped into community life; 2) avoid overconcentration of similar facilities that create an artificial i.e. institutional environment; 3) insure that dispersion does not create artificial quotas on group homes and 4) require that any regulations in this area provide for reasonable accommodation to handicapped individuals in choosing their housing options. The drafters of the legislation felt that because of the conflicting decisions in the federal judiciary, a bill http://www.mrsc.org/Subjects/Legal/gathe.aspx 4/1/2010 Group Homes: Local Control and Regulation Versus Federal and State Fair Housing La... Page 11 of 13 which used as its cornerstone the integration of the handicapped into the community was more likely to be found in compliance with FHAA and State Housing Laws. In addition, Washington state courts have not yet dealt with whether group home dispersion laws are valid and enforceable. A 1992 Attorney General's opinion discussed dispersion. [ AGO 1992, No.25.] While acknowledging potential issues with the Fair Housing Act, the opinion suggests that in those cases, other than adult family homes, where the State licenses group residential facilities, such licensing authority does not preempt cities from enforcing dispersion type ordinances. This opinion, however, was issued prior to passage of the 1993 Washington Housing Policy Act which includes a provision restricting cities from regulating housing occupied by handicapped persons differently than housing occupied by non-handicapped individuals. [ Wash. Rev. Code 35.63.220; 35A.63.240.] A 1995 decision by the Washington Supreme Court concluded that abused or neglected teenagers were not considered handicapped under the provisions of the Washington Housing Policy Act (RCW 35.63.220). [ Sunderland v. City of Pasco, 127 Wn.2d 782 (1995).] As a result, the Court did not consider the question of whether a municipality could, under State and Federal fair housing laws, require a crisis residential center for teens to go through a siting procedure. IV. RECENT FEDERAL CASELAW AND PROPOSED LEGISLATION House Bill 1049 discussed above was abandoned shortly after its sponsors were notified of a January 8, 1997, decision rendered by U.S. District Court Judge Thomas S. Zilly in the matter of The Children's Alliance, et al. v. City of Bellevue. [ W.D.Wash. Case No. C95-905Z.] This case arose from attempts by the City of Bellevue to regulate group homes. The City enacted three ordinances between 1994 to 1996. One was repealed in 1996, a second which was invalidated by a Growth Management Hearings Board and the third became the subject of the Children's Alliance litigation. The last ordinance establishedtt�q97'classe7s of group care facilities? Class I facilities included �c!Ult fam'ily homes'(which are authorized permitted uses in all'residenti6l 26nes'by state law. See.Ch. 70.128 Y RCW), homes-for the hanclicappdd,-domestic violence shelters and foster family tjonnesi All-other/ Ffaeilities_we�e grouped �irjto Class.11. Class.I facilities can locate in residential zones however,fC15—ssil homes-are restric-ted-from r-esidential (areas-if-0 there is no resident staff, 2) residencies in such 1�6­ai_es �re for less than 30 days and 3) residents are non-handicapped individuals who constitute a potential danger to the community because of violence, sexual deviancy, current substance abuse or felony status. Class II facilities must also go through a permitting system which includes public comment. The Ordinance imposes occupancy limits (six residents) on al-I-group facilities within single family,residential zones ancl '�F_�-_q.u- ires at-least-1000,/ (foot aistance between group facilities of the same typeAs a result of these restrictions, the Court fou�_d_that B�elle_vue__ha_d_little__if-anTavailable–housing for homeless youth and no Class II Facilities anywhere within the City. Even though Bellevue attempted to craft its ordinance to be in compliance with the FHAA and its various exemptions, the Court found it to be invalid. At the time of this article, it is not known if Bellevue has appealed the Children's Home decision to the Ninth Circuit Court of Appeals. Based on the Ninth Circuit's previous ruling in Edmonds supra, which strongly supported the FHAA in striking down family composition restrictions, it would seem unlikely that this ruling would be overturned. Therefore, Judge Zilly's decision may be instructive on what, if any, remaining authority Washington cities have to regulate group home facilities under the FHAA. In his decision, Judge Zilly chose to analyze Bellevue's Ordinance under the disparate impact theory after finding that the Ordinance was discriminatory on its face. As an example of such facial invalidity, the Court pointed out that while the Ordinance's definition of "family" includes group homes, the Ordinance also defines "group facility" based on the presence of "staff". Where a group home fits both definitions, the later controls. This results in separate restrictions being applied to the "group facility" such as the 1000 foot dispersion requirement and a limitation on the number of residents. This was found to be violative of the FHAA because the Court determined that the use of the term "staff " to differentiate between types of group facilities "is a proxy for a classification based on the presence of http://www.mrsc.org/Subjects/Legal/gathe.aspx 4/1/2010 Group Homes: Local Control and Regulation Versus Federal and State Fair Housing La... Page 12 of 13 individuals under eighteen and the handicapped as both groups require supervision and assistance." [ Children's Alliance , Order at page 10.] The Court also pointed out the disparity in treatment of youth between Class I and II facilities. Adult family homes with resident staff are class I facilities while family homes for youth with resident staff are not. Thus, the additional burdens on Class II facilities described above fall on such youthful residents while adult residents can locate throughout the City's residential zones. The Court found that these provisions facially discriminate on the basis of familial status thus avoiding the issue of whether abused or neglected youth are handicapped under the FHAA. [ Sunderland v. Cit of Pasco, 127 Wn.2d 782 (1995).] Bellevue appropriately argued that the disparity in treatment discussed above was based on its general police power authority'to provide for public health, tranquillity and safety and that under the standard of review adopted in the Familystyle case [ See Section III (C) (1).] , a court should only apply the rational basis test to review its Ordinance. The Court recognized that the Ninth Circuit has not yet adopted a standard of review in these types of cases but declined to use the rational basis test. Instead, it chose the method of analysis used in the Sixth and Tenth circuits in part because it found that the FHAA makes both children and the handicapped protected classes. That standard requires that to rebut a finding of facial discrimination, the defendant must show either 1) the ordinance benefits the protected class or 2) it responds to legitimate safety concerns raised by the individuals affected rather than being based on stereotypes. [ See Larkin v. State of Michigan Dept. of Social Services, 89 F.3d 285, 290 (6 th Cir. 1996).] In reviewing the factual claims, the Court found that Bellevue could not demonstrate that its group home regulations met the Larkin test. With regard to the 1,000 foot dispersion requirement, the Court was not impressed with Bellevue's rationale. The Court found that language purporting to help members of a protected class (similar to that discussed in House Bill 1049 regarding community integration etc.) should be scrutinized to determine whether its "benefits" clearly outweigh its burdens. In Bellevue's case, the Court found no. factual justification to support the separation requirements. The Court also made short work of the reasonable accommodation defense (i.e. that so long as an ordinance requires that a municipality make reasonable accommodation in dealing with individuals protected under the FHAA, the court cannot find the ordinance to be facially discriminatory) and instead adopted the rule that the thrust of a reasonable accommodation claim is that a defendant must make an affirmative change in an otherwise valid law or policy. [ The Court specifically rejected the approach taken by the 5 th Cir. in the case of Elderhaven Inc. v. City of Lubbock , 98 F.3d 175 (1996).] The Court did not consider constitutional challenges to the Ordinance since the FHAA (specifically 42 USCA 3615) authorizes courts to invalidate any laws deemed to be found discriminatory under the Act. As a result of a number of federal court decisions like Children's Home, local and state legislators have been lobbying Congress to make changes in the FHAA. House Bill 589, also known as the Fair Housing Reform and Freedom of Speech Act was introduced in February, 1997 and attempts to amend the FHAA in several different areas. Part of its impetus comes from a series of incidents that occurred several years ago involving individuals and community groups who protested against the placement of certain housing projects. In a number of cases, HUD either sued or threatened suit against individuals under the FHAA claiming that their statements opposing the location of group homes constituted discrimination against the handicapped. Amid claims of first amendment violations and political pressure, HUD eventually backed off these cases. These free speech cases together with lobbying efforts of local governmental officials has created a political climate that could lead to Fair Housing Act amendments. House Bill 589 is intended to allow local government to exercise reasonable zoning and other land use regulations in determining the occupancy, number, location and composition of residential group homes located in single family http://www.mrsc.org/Subjects/Legal/gathe.aspx 4/1/2010 Group Homes: Local Control and Regulation Versus Federal and State Fair Housing La... Page 13 of 13 neighborhoods. This legislation, however, is limited to "the occupancy of a dwelling by a convicted felon, sex offender, or recovering drug addict. . . " and does not deal with the more common type of group home facilities found in many communities. V. CONCLUSION In interpreting the Fair Housing Act, it is clear that the federal judiciary including the Supreme Court will not tolerate restrictive definitions of "family" masked as maximum occupancy limitations, where they actually serve to define who constitutes a family, rather than to cap the number of individuals per dwelling in the interest of public safety. Additionally, the courts have generally prohibited licensing and registration schemes on the basis that the permitting process has been misus-ed by prejudicially denying permits to build and locate group homes in residential neighborhoods.Pcensing requirements have been found to violate the -rights of er.; conditional-use-7 -handicapped individuals to "reasonable accommodations" in zoning practices.rHo �--permits issued not,to discriminate against-the-han-dicapped-Utit,to-protet-t'tk-erir:'�'�'afety 6s�'well as th�j 'dafet.y of the-6ommu nity-in-gelh&n�l,-.m.ay be valid in situations where handicapped individuals with well efined,special needs require adequate supervision,- and a condition of-the issuance of the permit is.the7 k assurance of that adequate oversighi— Dispersion or spacing requirements once seen as one possible remaining method of municipal land use regulations in this area are also unlikely to be upheld by the courts despite the acknowledged importance of community integration of the handicapped. Good public policy, however, dictates that legitimate state and local government regulations, when performed in the name of pyblic health, safety and community welfare, should not be preempted by the Fair Housing Act.1—un-re'asonable government actions born out of outmoded stereotypes against .th.6 (disabled, disguised as legitimate land use regulations, will be suspect and will not pass the - �constitutional and statutory standards prohibiting discrimination. As stated by Peter Salsich Jr., founder 6f Oxford House, in his proposed model ordinance for group homes: The ordinance was drafted to provide assistance to communities which are willing to accept appropriate forms of shared living arrangements, but which also have a legitimate concern that stable neighborhoods not be overwhelmed by facilities that are physically incompatible with existing housing arrangements. Whether local communities will be allowed to govern on that basis remains to-be seen. Related Resources MRSC Index - Oi)en housina, Fair Housinci Act MRSC Index - Group homes, halfway houses, residential care facilities,-assisted-living fadilit�ies, congregate care http://www.mrsc.org/Subjects/Legal/gathe.aspx 4/1/2010 V/ 24 RESIDENTIAL SUPPORT RESOURCES Clallam County Hostelries P.O. Box 2199 1132 Hazel Street Port Angeles, WA 98362 Contact: Michael Soiseth Phone: 360-452-9663 Concerned Citizens / Connecting Links P.O. Box 1787 Forks, WA 98331 Contact: Robin Schostak Phone: 360-374-9340 Frichette and Associates P.O* Box 1177 318 W. Eighth Street Port Angeles, WA 98362 Phone: 360-457-0201 Kitsap Tenant Support Services, Inc Phone: 360-373-4173 Toll Free: 888-696-0049 RECREATION Camp Prime Time Phone 509-248-2854 Website: www.Caml)PrimeTime.orq Website: families(cD_CampPrimeTime.org Free Camping Directory Camps in Washington for Children with Special Needs call 206-987-2500 and select option 4, or visit http://www.seaftlechildrens.org/child health safetV/ and click on the link to the left "The Center for Children with Special Needs". Disabled Sports USA Phone 301-217-0960 Website: www.dsusa.org 43 RESIDENTIAL SUPPORT RESOURCES Clallam County Hostelries P.O. Box 1132 1132 Hazel Street Port Angeles,WA 98362 Contact Person: Michael Soiseth Phone: (360)452-9663 E-mail: cch@tenforward.com Website: http://my.tenforward.com/cch/ Clallarn County Hostelries provides housing, staff support and programs to assist adults with developmental disabilities achieve their personal goals, integrate into the community, develop meaningful relationships and have personal power and choice over their lives. Geographic Service Areas: Port Angeles ther Services Offered: Housing/Programs for adults with DD Independent Living Skills Development Concerned Citizens/Connecting Links 1-888-493-8198 www.concemedeitizenspnw.org P.O. Box 1787 73 Sportsmans Club Road Forks, WA 98331 Phone: (360)374-9340 Fax: (360)374-9130 Contact: Robin Schostak E-mail: robinschostak@tmail.com "Connecting Links"is a 24-hour support home that provides service to six adults with Developmental Delays. Connecting Links provides custodial care, outings into the community, medication management, trips to Doctors and Dentists, and a warm, homey atmosphere. 44 Concerned Citizens Continued... The home is located on the property owned by Concerned Citizens and across the campus from the childcare center. The location provides lots of freedom for the residents. There is a big yard and easy access to activities going on during the year on the main campus. Frichette and Associates P.O. Box 1177 318 W. Eighth Street Port Angeles, WA 98362 Phone: (360)457-0201 Fax: (360)457-0496 E-mail: Terryfr@prodigy.net Olympic Peninsula Supported Living Services P.O. box 5209 Bremerton,WA 98312 Contact Person: Michael Closser Phone: (360) 373-4173 Housing Authority of Clallam County 2603 S. Francis Street Port Angeles, WA 98362 Phone: (360)452-7631 E-mail: info@hacc-housing.org The Housing Authority provides subsidized housing for low income individuals and provides Housing Counseling, Financial Literacy, First Time Home Buyers Classes, a Self Sufficiency Program, Home Maintenance Classes and information regarding down payment assistance programs. We also work with a Self Help Housing Program. We provide credit counseling, assist with bank loan requirements, and make referrals to other agencies. All of the classes we provide are free and open to the public. 45 Serenity House of Clallam County P.O. Box 4047 2203 W. Eighteenth Street Port Angeles, WA 98363 Contact Person: Kathy Wahto,Executive Director Phone: (360)452-7224 E-mail: serenity@olypen.com Serenity House is a local grassroots non-profit organization, providing housing and supportive services to the homeless of Clallam County. We operate a single adult emergency shelter(50 beds) and ten family emergency shelter units, as well as four transitional programs (another 57 units). Beyond housing, we offer case management and supportive services for homeless individuals and families, prevention counseling and financial assistance, assistance for homeless and at-risk youth and a full service therapeutic childcare. We also run two thrift stores, one in Port Angeles and the other in Sequim. Our mission is to end homelessness in Clallam County. We are the lead agency of the local Continuum of Care planning process, the Shelter Providers Network. The network coordinates housing, counseling, health and mental health services, transportation, employment counseling and other assistance targeting the homeless. Geographical Areas Served: Port Angeles Sequim and the East End of the County Funding Sources Accepted: All legal sources.. N N 46 MISCELLANEOUS RESOURCES Peninsula Community Mental Health Center 118 E. 8th Street Port Angeles, WA 98362 Contact Person: Sheila Reed Phone: (360)457-0431 Website www.pcmhc.org E-mail: sheliar@pcmh.org Services provided by Peninsula Community Mental Health Center include: case management; individual, group and family therapy; psychiatric evaluations, consultation and treatment; co-occurring disorder treatment; specialized services for Seriously Emotionally Disturbed children and specialized services for older adults. We maintain four separate treatment facilities in Port Angeles and Sequim. We also provide services at other locations in the community according to consumer needs and preference. We're here to help! We are a United Way Agency. Geographical Areas Served: Port Angeles Sequim and East End of the County Funding Sources Accepted: Clallam County D.V.R. School Funding Private Pay Insurance Medicaid/Medicare Other Services Offered: 0 Counseling 0 Advocacy 0 Psychiatric assessments 0 Medication Reviews 0 Medication Monitoring 0 Coordination with other providers R idential Care Search Page I of I AGING AND DISABILITY SERVICES ADMINISTRATION Supported Living Program Locator - Washington State Search for a Residential Provider by geographic location. Enter your County: Clallam OR-Region: ---None rSearch� Supported Living Program Search Results Provides Supported Living in the following county(ies): Clallarn Provider Office Citizen Access Residential Resources CARR 617 Cherry St., SE Admin: Frey, Thomas Olympia,WA 98501 Community Protection?y 360 753-6082 Website More Information... Clallarn County Hostelries PO Box 2199 Admin:'Soiseth, Mike Port Angeles,WA 98362 Community Protection? n 360 452-9663 More Information... Frichette Associates/Port Angeles Community Living PO Box 1177 Admin: Frichette,Terry Port Angeles,WA 98362 Community Protection? n 360 457-0201 More Information... Port Townsend Community Options, Inc. PO Box 1186 Admin: Sheinbaum, Lesly Port Townsend,WA 98368 Community Protection? n 360/379-8585 More Information... Find also: Boardina Homes I Nursing Homes In-home Care Last Updated: October 16, 2009 1 Pr divacy Notice Contact this Program I Contact DSHS I Contact Webmaster http://www.adsa.dshs.wa.gov/lookup/ResCarePubLookup.asp 3/8/2010 A.41-vanced Boarding HorneLocator Results Page I of I 11111011skifLii AW- -4�= WV A' 1W. 'j.10 1" 'Z7, wz AGING AND Dl� WICES ADMINISTRATION Boarding Home Locator Boarding Homes in the following zip code: 98362 Note: Sorted by City �- -_ -=-:- =-= �= =Z--,. -—.7 --.- . ----- BOARDING HOME NAME ADDRESS PHONE CONTRACTSTATUS BEDS Lic. Exp. Date PORT ANGELES CLALLAM COUNTY 1132 Hazel St, Port Angeles, 98362 (360)452-9663 HOSTELRIES Enhanced Adult Residential Care, Adult Residential Care 12 7/31/2010 GOLDEN YEARS 202,,91'RDSONG LANE, PORT ANGELESI-98362 (360)452-3689 RESIDENTIAL CARE HOME No current Medicaid or Dementia,'Care contract 1'&�3/31/201 0 LAUREL PARK ASSISTED 1133 E PARK AVE, PORT ANGELES, 98362 (360)452-7201 LIVING Adult Residential Care, Assisted Living 45 2/28/2011 \j,PENINSULA MANOR 1017 WEST 17TH, PORT ANGELES, 98362 (360)452-5831 Enhanced Adult Residential Care, Adult Residential Care 11 10/31/2010 SECOND STREET HOUSE 138 W 2ND ST, PORT ANGELES, 98362 (360)452-3831 No current Medicaid or Dementia Care contract 19 9/30/2010 ST ANDREWS PLACE 520 EAST PARK AVE, PORT ANGELES, 98362 (360)417-3418 ASSISTED LIVING Assisted Living 41 1/31/2011 New Search j Last Updated: October 16, 2009 1 Privacy Notice Contact this Program Contact DSHS I Contact Webmaster http://www.aasa.dshs.wa.gov/lookup/BHDisplayv2.asp 3/2/2010 PAvanced Adult Family Home Locator Results Page I of I K, —ft. AGING AND DISABILITY SERVICES ADMINISTRATION Adult Family Home Locator -?Lin 1+(f- �10 Adult Family Homes in the following zip code: 98362 Note: Sorted by City PROVIDER NAME ADDRESS PHONE FACILITY NAME TOTAL BEDS PORT ANGELES CRANE, TERESA C. 1319 W 16TH ST, PORT ANGELES, 98362 (360)452-0765 HOME AWAY FROM HOME License#: 435500 5 Accepts Medicaid Specialities: Dementia VOGEL, KATHRYN L. 2314 S LINCOLN, PORT ANGELES, 98362 (360)452-6043 THE GOOD SHEPHERDS HAVEN INC License#: 685800 5 Does NOT accept Medicaid Specialities: Mental Health, Dementia New Sear Eh ] Last Updated: December 16, 2009 1 Privacy Notice Contact this Program Contact DSHS I Contact Webmaster http://www.aasa.dshs.wa.gov/Lookup/AFHDisplayv2.asp 3/2/2010 MEMORANDUM August 9, 1991 TO: Port Angeles Planning Commission FROM: Planning Department RE: Family Day Care Home Use - Interpretation ISSUE: Should family day care home use be interpreted as allowed under the detached single-family dwellings (on individual lots) permitted use? BACKGROUND: In the past, the City of Port Angeles has required family day care home uses to obtain a Conditional Use Permit as a Home Occupation. A number of day care homes have complied with the City 's zoning requirement and obtained such Conditional Use Permits. These day care home occupations have been differentiated from other ccnditional uses for day care centers, mini-day care centers, and pre-schools, principally by the number of children served (as licensed by DSHS) and by the existence of a principally permitted single-family residential use. Although the City has required specific conditions for these home occupation uses, a day care home occupation has never been denied a Conditional Use Permit by the Cicy of Port Angeles. Working with the Department of Social and Health Services (DSHS) , the City has endeavored to properly permit day care providers licensed by the State. In this regard, the Planning Department notified home care providers 'this spring, informing them of their need to comply with the City's Zoning Code requirements for a Conditional Use Permit. Nancy Martin, Director of Parent Line, which is a non-profit resource and referral service for child care, contacted the Planning Department on behalf of 22 family day care providers who received the City' s letter. After several meetings with the family day care home providers and their representatives, they requested a review of the interpretation that family day care is not a home occupation but is permitted under detached single- family dwellings use in the Zoning Code. It is their interpreta- tion of the Zoning Code language that the activities in a family day care home are incidental to established residential activity, an inherent part of the makeup of the neighborhood, and located in homes by its accepted DSHS definition and, therefore, is not expressly either a day care center or a home occupation which require a Conditional Use Permit. Generally, business activity involving the public and occurring in the single-family residential zone has been considered either conditionally permitted or prohibited but not principally permitted. Knowing where day care uses are located for public health, safety, and welfare purposes and conditioning them to assure that other residents of the area will not be detrimentally affected are valid reasons for imposing Zoning Code requirements. At its July 2 , 1991, meeting, the City Council moved to initiate review of the State' s model ordinances for residential and child care facilities by sending them to the Planning Commission for deliberation along with the child care providers' express use request. Attached are these model ordinances. A staff report for Zoning Code Amendments will be prepared, which, if approved, would make the family day care home use interpretation moot. RECOMMENDATION/ACTION: The Planning Department recommends maintaining the interpretation that resideTitial care activities such as child day care and group homes should obtain Conditional Use Permits in single-family residential zones under the current Zoning Code regulations. However, the Planning Department does support a home day care permitted use through Zoning Code amendments consistent with the model ordinances. Accordingly, the Planning Department recommends that the Planning Commission schedule a public hearing on the model ordinances and Zoning Code amendments for its regular meeting of August 28 , 1991, and set aside the interpretation request until after action is taken on the Zoning Code amendments. it is anticipated the matter of the model ordinances and Zoning Code amendments could be decided by the City Council at its September 17, 1991, regular meeting, following its own public hearing. The family day care home providers are being allowed to remain in operation pending their interpretation request and subsequent time for Conditional Use Permit application reviews. Staff will be available to answer questions. B rl—dl_ey­J_71� ins Plannin or 64jci BJC: LM Attachments PLAN. 490 io APPENDIX A �KKK CLARK[ STATE OF WASHINGTON DEPARTMENT OF COMMUNITY DEVELOPMENT Ninth & Colurnbw Building. MSIGH-51 * Olympia. Washington 98504-4757 - (206) 753-2200 March 12 , 1991 TO: All Local Planners Joanne McCaughan FROM: suBjEcT: Modetl Ordinance on Zoning for Residential Care Facilities we are plea!�ed to announce that the Model Ordinance for Zoning Of Residential Care Facilities has been completed. Chapter 427 , Laws of 1989 required the Departments of Community Development, Social and Health Services, and Health, and the Washington State Association of Counties, Association of Washington Cities, and the Long-Term Care Commission to develop a model ordinance for the siting of residential care facilities by December 31, 1990. These entities, along with representatives of groups representing people with disabilities, have worked diligently to complete the model ordinance. We believe that this model ordinance will be a useful tool for local governments as they come into compliance with the Federal Fair Housing Amendments Act of 1988. The model ordinance was developed in conformance with the regulations stipulated in that federal mandate, and includes definitions taken from the Act. Although the model ordinance was developed as a stand-alone ordinance, it does not have to be adopted piecemeal. Some local jurisdictions may find it more logical to incorporate the information into several areas of their zoning code. The Department of Community Development is required to report the degree of implementation of the model ordinance to the Legislature. Local governments must respond to the Department by June 30, 1991, '.)n whether their jurisdiction has adopted the model ordinance. Enclosed are a copy of the model ordinance, a fact sheet regarding its development, and*a form to return regarding adoption of the ordinance. If you have any questions about this process, please contact Joanne McCaughan, (206) 753-1174 , or SCAN 234-1174 . This legislation also called for local governments to complete need- and-demand studies, and for DCD to report to the Legislature on the results. The studies were completed in October 1990, and the report has been submitted to the Legislature. The Executive Summary of that report is enclosed for your information and review. Copies of the complete report on the need-and-demand studies are available to local jurisdictions on request. JMC:cj Enclosures NOVEMBER 8 , 1990 MODEL ORDINANCE FOR RESIDENTIAL CARE FACILITIES CITY/COUNTY OF WASHINGTON ORDINANCE NUMBER AN ORDINANCE/RESOLUTION, relating to the establishment and operation of Adult Family Homes, Residential Care Facilities and Supported Living Arrangements, and amending applicable Sections of the City/County of Municipal Code. [COMMENT 1] THE CITY/COUNTY COUNCIL/BOARD OF THE CITY/COUNTY OF DOES ORDAIN AS FOLLOWS: SECTION 1 . EarpQse [COMM-ENT 2] (The Council/Board) finds that housing facilities for special nseds populations are protected under provisions of the Federal Fair Housing Amendments Act of 1988. Location of such facilities within the City/County of is Critical to the well-being of special needs members of the community, and fulfills a needed community service. Further, it is the purpose of this ordinance/resolution to facilitate the siting of Residential Care Facilities and Adul". Fa4aily Homes in the City/County of SECTION 2 . Definitions For the purpose of this ordinance/resolution, unless otherwise apparent from the context, certain words and phrases used in this ordinance are defined, as follows: A. "Adult Family Home" means the regular family abode of a person or persons who are providing personal care, room and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70. 128. 010) . Adult family homes are a permitted use in all areas zoned for residential use (RCW 70. 128 . 175. ) B. "Family" means an individual or two or more persons related by blood or marriage, or two or more persons with functional disabilities as defined herein, or a group of not more than unrelated persons, living together to share a single household unit. [COMMENT 3) 2 C* "People with Functional Disabilities" means.: 1) a person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of: (a) needing care, supervision or monitoring to perform activities of daily living or instrumental activities of- daily living, or (b) needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible, or (c) having a physical or mental impairment which substantially limits one or more cf such person' s major life activities, or (d) having a record of having such an impairment, or (2) being regarded as having such an impairment, but such term does not include current, illegal use of or active addiction to a controlled substance. [COMMENT 4) D. ViHd_usi_Fq_­f�Tr___P_e67p1_e w--i-t- h- -Functional-Oisabil-ities!! means housing used, or intended for use, by persons with functional disabilities. The term includes, but is not lirited to, Adult Family Homes, Residential Care Facilities, and housing for any Supported Living Arrangement, as herein defined. E. "Residential Care Facility" means a facility, licensed by the state, that cares for at least five but not more than fifteen people with functional disabilities, that has not been licensed as an Adult Family Home pursuant to RCW 70. 128. 175. 3 [CoMiENT S] F. �""Supported Living Arrangement" means a living unit o*d or rented by one or more p3rsons with functional disabi li ies who receive assistance with activities of daily living, instrumental activities of daily living, and/or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance. [COMMENT 6] SECTIO11 .3 . Housincr for Peonle with Functional Disabilit' Housing for people with functional disabilities, as defined herein, which meets the applicable Washington State licensing requirements, shall be considered a residential use of property for zoning purposes. They shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single family dwellings. Section(s) of Ordinance/Resolution are hereby amended to includn housing for people with functicnal disabilities as a permitted use. For the purposes of the ordinance/resolution, the conversion of an existing r,�sidentk:ial structure to housing for people with functional disabilities shall not be deemed a change of use or an abandonment or discontinuity of the prior use of the structure, if such structure constituted a prior nonconforming use., Section of Ordinance/Resolution (zoning) is hereby amended to include the preceding sentence. [COMMENT 7] 4 MEMORANDUM June 27, 1991 C TO: Mayor Sargent and City Council FROM: Brad Collins, Planning Director rn C: S U BJ: Residential and Child Care Model Ordinances C-1 --i a ISSUE: 1c, Should the City Council adopt model ordinances regulating residentiai care facilities and child care facilities, pursuant to State Department of Community Development recommendations and RCW 70.128. C) ;0 > BACKGROUND: Ln C)r- Currently, the Zoning Code requires residential care facilities, such as group homes, and child r1i V) care facilities, such as home day care occupations, be approved through the conditional use M p r ermit Drocess. The City has enforced these provisions o-i numerous occasions. In some cases, rri the State Department of Social and Health Services also regulates these activities. Unapproved or unlicensed operators are increasingly being asked to comply bo . by the City and State. th Earlier this year, a list of care providers who had received City fire inspections were individually contacted about obtaining conditional use permits in compliance with the City's Zoning Code. The City Manager, Ci'y Aztomey and Planning Director have met with group representatives of the child care providers and outlined various options they could take to amend the Zoning Code L/) and its interpretation. At these meetings on June 3, and 13, 1991, the City agreed to work with Co the providers to have their questions about Code and interpretation ame;idments reviewed by the i Board of Adjustment, the Planning Commission, and/or the City Council. The City has received rn a June 18, 1991, letter from ParentLine requesting that the Planning Commission review home day care as a use not expressly permitted already elsewhere in the Zoning Code, such as under Home Occupaton. This matter has been scheduled for the July 10th Planning Commission Meeting. Similar concerns are being raised by adult family care providers. Attached to this memorandum is a leiter in response to the State Department of Community Development model ordinances for residential and child care facilities. The City was unaware until recently that we Nvere required to respond by June 30, 1991. Also attached is a copy of Memo - care providers June 27, 1991 Page 2 RCW 70.128 which may preempt local zoning codes from requiring adult family homes to obtain conditional use permit.�. In view of the day care providers' Code interpretation request, and the attached State's re:;idenf�al and child care model ordinances, a more comprehensive review of these issues and the model ordinances may help to strik(,- a possible balance between neighborhood protection in residential zones and community needs for adult residential and child care facilities. RECOMMENDATION: The Planning Department supports a home day care permitted use and recommends that the City Council initiate review of the State's model ordinances for residential and child care facilities by sending them to Che Planning Commission for their deliberation along with the child care previders' express use request. Staff will be available to answer questions at the July 2nd meeting. Brad Collins, Planning Director BJC:sr Attachments ?ORT .4,V %P CITY OF PORT ANGELES 321 E.Fifth P.O.Box 1150 PORT ANGELES.WASHINGTON 98362 PHONE (206) 457-0411 A NN%Vko June 26, 1991 Joanne McCaughan Department of Community Development Ninth and Columbia BuildinF-., MS-GH-51 Olympia, WA 98504 RE-: Local Govemment Response to Model Ordinances - Residentia; and Child Care Zoning Dear Ms. McCaughan: As required, the City of Port Angeles is hereby resporiding to the Department of Community Development on the model ordinances for residential care facilities and child care facilities. The City has not adopted either model ordinance at this time. Both ordinances are currently being reviewed, but no action has been scheduled. Therefore, I have not been able to respond to your reply form. The Port Angeles Planning Department does not have record of having received the model ordinances or backup materials. Please forward all such materials to Sue Roberds, Port Angeles Planning Department, P.O. Box 1150, Port Angeles, Washington, 98362. If you have any questions about this process, please contact Sue at SCAN 538-1159, or 457-0411 extension 159. Sincerely, Brad Collins Planning Director cc: Mayor and Courcil City Manager City Attorney Jessica Schreiber 3261 Greentree Lane j), Port Angeles, WA 98362 U L July 5, 1991 P AN,%IN r�'0 P'A i Port Angeles City Council City Hall Port Angeles, WA 98362 Dear Members of the City Council: A ietter was published in the editorial section of the Peninsula Daily News on Thursday, July 4, 1991, critical of the decision made by of the City Council in closed session not to exempt family day care homes from conditional use permits orenvironmental impact checklists. I wrote this letter several days ago, prior to the action taken by the County Council on Tuesday, July 2nd in which a Model Ordinance that would exempt family day care homes from conditional use permits was referred, to the Planning Commission for study. Aware that the City Council was making good faith efforts to resolve this issue with public input, and informed that the Cit., Planner had devoted many hours to researching this issue before recommending that the Model Ordinance be presented to the Planning Commission, I felt my letter was no I onger appropriate. I made a visit in person to Peninsula Dailv News on Wednesday,July 3rd and asked that my letter NOT be printed. The fact that th�c paper went ahead and published this!etter against my expressed wishes is regrettable. Therefore, I aim writing to you as members of the City Council to convey my appreciation of the acti I)ns taken by the City Council at the last meeting and, in pa,-ticular, the efforts of Brad Collins on this matter. I wish to express my sincere hope that this impK)rtant issue affecting so many families will be resolved constructively and in a spirit of cooperation. Sincerely, Jessica Schreiber cc: Brad Collins, City Planner Jeff Pomcranz, City Manager Ji� E7 N ELES RT WAS H IN GTO N, U- Of OMMUNITY& ECONOMICDEVELOPMENT DEPARTMENT OF C TO: Planning Commission FROM: Sue,Roberds, Planning Manager DATE: August 25, 2010 -02 RE: Conditional Use Permit CUP 10 APPLICANT: Peninsula Community Mental Health OWNER: SAME LOCATION: 203 West Twelfth Street REQUEST: A supported living arrangement in the RS-7 Residential Single Family zone PROPOSAL: The application is to allow a supported living arrangement in the RS-7 Residential -Single Family zone under Section 17.10.040(R) of the Port Angeles Municipal Code. The home als who.are served on a daily basis by,employees-of the is intended to.be the residence of individu -PCMH provides-ho- ing for property.owner,Peninsula,Community-Mental.Health(PCMH). us individuals who have been diagnosed with mental illness. PCMH refers to these individuals as erefore,,use that reference-in this report as well. Although these wnsumers"and we.will,th me assistance with.conmiunity integration and their consumers benefit from structure and need so activities of daily living, they function in healthy, constructive ways with considerable eir independence. With eriodic assistance,.they manage their finances, take.medication on'th p ean their livin. own,purchase and prepare the food the 'eat, wash their own clothes, and cl Mg-- y eir. goal is to provide a living setting that will allow each resident to strengthen th s ace. The main p ependent hous' self-sufficiency skills so.that in-time they can transition to.more ind . Mg., are the most independent of those served by?CMH-and, Consumers who.will.reside in.the home go gle family neighborhoods,.will solidify.,their: it is'hoped that the locatin f hese individuals,.in sin ability to remain relatively independent'of more supervised living situations. An in-house. e Aide will oversee the.home.: consumer supervisor(Residenc nal stage-between.constant I supervision an&more Individual consumers are in,a transi o e y PC *Specialists,and Case.Aideg,employ d b'' MH independent living.Licensed Peer Support 7 days a week to provide coaching in nutrition,.hygiene� time management monitorresidents 5 1 s. PCMH-sta I ted solving,-b eting,transportation,health�suppprt, and vocational p an problem udg M Con itional Use Permit-CUP 10-02 Page 2 August 25,20 10. that these consumers do.not meet the criteria for higher levels of non�independent living that requires 24-hour staTmg. NEIGBBORHOOD CHARACTERISTICS: The.subject*location is-situated in the City's Central Planning'Axea. The site address is .203 West 12th Street. The neighborhood is'a well-established', completely built out traditional neighborhood comprised of single family homes mainly on individual lots. The area is commonly referred to as "Cherry Hill",and is an area identified b. the Queen of Angels Church y and convent/s6hool located.in.the nei'ghborhood two blocks immediately north of the subject site. Jefferson Elementary School is located three blocks east of the site at the comer of 13�,and Lincoln Streets. A well-established bed and breakfast use is located adjacent to the site north of the 11/12 Alley with other.commercial uses north along 8th Street and south to L'auridsen Boulevard. PCNIH's main office facility is located four blocks north on 8th Street from the location. . BACKGROUND: In 1991,PCMH purchased the subject property and applied for a conditional use permit to operate a group home at the subject location. Conditional Use'Permit CUP.91(06)10-was approved to operate a group home housing adolescent girls who' would be supervised 24 hours a day. ,Twenty-four hourcare was provided because the girls were underage; there was no history of mental illness. The conditional use permit was issued on June 12, 1991, by the Planning Commission.'That approval was upheld following an appeal to the City Council in October of that year. Subsequent reviews'allowed extensions to August, 1996. The application process included a great deal of neighborhood input and outreach. PCMH decided to discontinue operating a group facility for the teenagers*and the conditional use permit was allowed to lapse 'in favor of a residence for adult consumers. Staff was not aware that occupancy of the group home had changed until informed in late 2009 by concerned neighbors. When questioned about the change in occupancy, PCMH staff indicated that they believed if the occupants did not exceed 6 unrelated 'persons, the occupancy would be considered a family by City definition and did not need a CUP. However, since the consumers do not live independently (a key component of the defmition I of a family), the use remain ' ins similar to a group home as defined by the PAMC. PCMH collects a fee dependent on what the consumer can afford for assistance including rent. PUBLIC COMMIENT: Public notification was mailedl to property owners within 3-00 feet of the subject site and posted on the property on July 29, 2010, and August 24, 2010. Notification was place' d in the Peninsula Daily News on August)24,2010,with written comment.accepted by September 7, .2010. Written comments submitted are attached to this staff report as Attachment C. DEPARTMENT OF COMMIMTY DEVELOPMENT ANALYSIS: In a�community,individual values often clash and indeed.must-con6ont each other. Good planning identifies and supports the values we share as a community. The City's Comprehensive Plan identifies residential, land use, and social policies that are intended to guide planning deci sions Page 3 Corditional Use Perinit-CUP 10-02 August 25,20 10 that enable diversity while retaining a sense of security and place in individual.neighborhoods. The overall . ommunity and-its citizens is the primary goal. The goals,policies, and objectives good of the c ithin the City. The Zoning of the City's.Comprehensive Plan are used as the basis for development w ctives of the.Comprehensive Ordinance provides the tools,thatenable the goals,policies, and.obje Plan to be put into place throughout.the community. The City's Comprehensive Plan was reviewed in its. entirety in consideration of this proposal. Citations found to be most appropriatelo the.subjec.t proposal are.listed-in Attachment"B"to this staff report. Each zone within the City includes a definition of its specific purpose and intentto further the are listed as well goals.of the City�s Comprehensive Plan. Activities that are expected in each zone as conditional uses that have been predetermined to.be p.ermitted with conditions to ensure that such nflict with the purpose and intent of each zone. Over the years, conditional uses'have. uses do' not co tency with evolving state laws. been included that ensure consis The tent of the RS-7 Residential Single Family zone in which this use is follows: (Section 17.10.010) "... a low density residential zone intended to create proposed is as ntial neighborhoods consisting of predominantly single and preserve urban single family reside which are compatible With and Rinctionally farnily homes on standard townsite-size. lots. Uses e'. Because of related to a single family residential environment may also be located in this zon few nonresidential uses are allowed in this:, land use impacts associated with nonresidential uses,. zone and then only conditionally. A"family"is defined in Sectionl7.08.035-(A) PAMC as oneperson or two or:-more the legally relatedpersons living together, .or not more than six unrelatedpersons living toge r as a single, nonprofit, housekeeping unit;provided that there shall not be more thanfour unrelated tog ther with legally relatedpersons as a single, nonprofit, housekeeping unit. persons living e . . I A "conditional use permit" is defined in Section 17.08.020(G) of the Port Angeles Municipal Code as "... a limitedpermission to locate aparticular use at aparticular location, and which limitedpermission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding roperties, shall not.be in conflict with the Comprehensive Plan, and shall not be contrary to the p Conditional Use - a use public interest" and.further states in (H) of the same section that " such use consistent ermitted in a zone but-which requires a special degree of control to make. p in the same zon.e. and compatible with other existing or permissible uses A gKgu ermitted under Section 17.08.020(G) PAMC as a conditional.use.in the Lhome is p -independent, non-family, housekeeping unit in RS-7 zone. -Group homes are defined as: "... a.non which the residents are assi sted by an outside agency or organization. Some examples ofgroup or the handicapped andphysically disabled, homesfor ihe homes include state licensed homesf mentally.ill, homesfor those,with developmental disabilities, except that group homes do not 'dential carejacilities. They include adultfamily homes, supported living arrangements or resi onfrom alcohol r rehabilitati also include state licensed group homesfor residential centersfo h usingfor victims.of domestic violence. anddrugs, andtransitional o se very similar to the PAMC definition of a group home e The applicant has d' scribed a u c4supported living"by the Department of cited above. The living arrangement is described as State Administrative,Code (WAC) 388-101-3000, "supported,living" Health. In the Washington is defined as "instruction, supports, and services provide by service providers to .clients living in homes that are oW.ned, rented, or leased by the client,or their legal representative." The City of, specifically define "supported.living." Since this, living Port Angeles Municipal Code does not ement is nearly identical to the PAMC definition of a group home cited above, Staff arrang Conditional Use Permit-CUP 10-02 August 25,2010 Page 4 concludes that it is consistent with the intent of the RS-7 zone. Thus, the home is permitted pursuant to 17.10.040(R)PAMC, which.allows "Other uses compatible with the intent this chapter" (RS-7 zone) as a conditional uses. The applicant has proposed that a Resident Aide.position be developed whereby a resident consumer will be responsible for daily management duties with oversight by PCMH professionals as in-house supervision. The Resident Aide will'be under the direct supervision of a.state certified Residential Supervisor working for PCMH. The Resident Aide will reside in the residence, communicate regularly with residential staff, assist in maintenance of grounds and encourage-complian*ce with house rules. The Resident Aide will be able to quickly respond to any issues that may arise in the residence thereby reducing the potential for disruption or assistance from either the City's emergency services or PCMH counselors. Application information indicates that consumers who occupy-this type of'group residence do not need 24- hour care butwould benefit from in house supervision by a Resident Aide. Staff has spent a great deal of time speaking with neighbors and licensing agencies regarding the use, its past operation, and Riture expectations. A meeting was held in preparation for consideration of the application with Board Members of Peninsula Cornmimity N/rP-ntnI Health.to better understand the need and operation of the residence. As a conditionally permissible activity in the RS-7 zone, it is important to focus on conditions that would ensure neighborhood outreach, establish operational characteristics, and provide structure for the living activity. PCMH Director Peter Casey said that PCMH has a policy that screens individuals�prior to placement in this residence based on their level of competehce,independence, and criminal history. Residents who do not meet PCMH screening criteria will not reside in the home. In researching this type of residence, staff learned that the expectation in supported housing is to provide an independent living setting with minimal support that will allow each resident to transition to housing that is independent of the mental health center over time. This practice has evolved from an effort to deinstitutionalize people with mental illness and is overseen by the Departments of Health and Social and Health Services. Staff was also informed by an employee of the Regional Services Network(the PCMH oversight funding management service)for this area that consumers are largely people who live here and not consumers from other counties. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Deterinination of NonSignificance was issued,for the pToposed action on September 8, 2010,per WAC 197-11-355. This action satisfies the City's responsibility under the Washington State Environmental Policy Act(SEPA). Attachments: A. Conditions,Findings,and Conclusions B., Comprehensive Plan Citations C Written public comment letters D. Application Co nditional Use Permit-CUP 10-02 Page 5 August 25,2010 ATTACHMENT A RECOMMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS The Planning Division recommends the Planning,Commission approve ConditionalUse Permit CUP.10-02 based on the following 4 conditions, 26 findings and 8 conclusions in-support of the actiom Conditions: pproved for Peninsula Community Mental Health to I The conditional use permit is a tional,Use operate.a.group home use at 203 West 12t" Street per application identified as Condi. Permit CUP 10-02 dated received on July 6, 2010. The use shall include a Resident Aide as ir described in said application. Any change in the operation ofthe residence will requ e prior review by the Planning Commission or the approval shall be deemed invalidated. 2. PCMH will carefully screen clients pursuant to their,policy for.safety and well being to-. live in a residential family zone. 3. A neighborhood outreach plan shall be developed that will inform neighbors of the program goals and provide a forum where issues of concern will be addressed.by PCMH in ; operation of the group home use. The plan shall include a method for reporting a summary.of meetings with neighbors and how concerns were addressed or if any concerns were noted that will become part of the public record file. The outreach plan shall be,provided to the Planning Commission within one month of approval of the permit. 4. The renovated residence will continue to be maintained in the current manner such that it complements other residences.in the neighborhood in appearance and character. The off street parking area at the rear of the residence will remain available for residents and visitors. Findin Based on the information provided in the Community Development Staff Report for.CUP 10-02 dated August 25, 2010, including all information in the public record file, comments and testimony presented during the public hearing,1he Planning Commission discussion.and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds.that: 1. On July 6, 20 10,Peninsula Community Mental Health(PCMH) applied to the City nt (DCED) for a conditional use permit to Department of Community & Economic Developme. allow a supported li.ving home to be located at 203 West 12'h Street in the City's RS-7 Residential Single Family 'zone. 2. Group homes and hospices are identified as permitted by conditional use permit in the RS-7 Residential Single Family zone under Section 17.1-0.040(l)PAMC. Section 17�10.040(R) A PAMC allows for other uses compatible with the intent of this Chapter as conditional uses. supported living home is nearly identical to a group home. 3. A conditional use is defined in Section 17.0 8.020(H) of the PAMC as "a use permitted degree of ontrol to make such use consistent and in a zone but m)hich requires a special c issible uses in the same zone. compatible m4th other existing or perm Conditional Use Permit-CUP 10-02 Page 6 August 25,20 10 4.1 A Group Home is defined in Section 17.08.-040(C) of the Port Angeles Municipal Code as a non-independent, non-family, housekeeping unit in which the residents are assisted by -an.outside agency or organization. Some examples ofgroup homes include state licensed homes. for thehandicapped andphysically disabled, homes. for the mentally ill, homesfor those with developmental disabilities, except that group homes do not include adultfamily homes, supported living arrangements or res idential carejacilities. They also include state licensed group homesfor residential centersfor rehabilitationfrom alcohol and drugs, and transitional .housingfor victims ofdomestic violence. 5. The living arrangement is described as "supported living"by the Department of Health. WAC 388-101-3000 defines supported living as "instruction, supports, and services provide by service providers to clients living in homes that ar e owned, rented, or leased by the client or their legal representative." 6. Section 17.10.010 of the Port Angeles Municipal Code describes the RS-7 Residential Single Family zone as a"...low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite-sized lots. Uses which are compatible with and.flinctionally related to a single family residential environment mayalso be located in this zone." Conditional uses that may be I located in the,RS-7 zone include but are not limited to accessory residential units,, assisted living facilities, child day cares, and churches. 7. A Conditional use permit is defined in Section 1.7.08.020(G) of the Port Angeles Municipal Code as "... a limitedpermission to locate aparticular use at aparticular location, and which limitedpermission is required to modify the controls stipulated by these'Regulations in such degree as to assure that the particular use shall notprove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest" andfurther states in (H) of the same section "Conditional Use - a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing orpermissihle uses in the same zone. Section 17.96.050 of the Port Angeles Municipal Code provides that "The Planning Commission shall consider applicationsfor conditional use permitsfor uses specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the Purpose of the zone in which the use is located, are consistent with the Comprehensive Plan,.and not contrary to the public use and interest, ThePlanning Commission may refuse to. issue a conditional use permit if the, characteristics of the intended use as related to the specific proposed site are such as would defeat thepurpose ofthese Zoning Regulations by introducing incompatible, detrimental, or hazardous co nditions. In each application the Planning Commission may impose whatever restrictions 'or conditions they consider essential to protect the- ublic h.ealth,'safety, andwie�`are, P and to prevent depreciation ofneighboring property. 9. Section 17.96.070(A)PAMC provides "Hearing andAppeal of Conditional or. Unclassified Use Permit Applications. Notice and Hearingfor Conditional or Unclassified Use Permits. Uponfiling an applicationfor 'a conditional or unclassified use permit in which the application sets1forthfully the groundsfor, andthefacts deemed tojustify, the granting of a Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as Page 7 Conditional Use'Permit CUP 10-02 August 25,20 10 rovided in PAMC 17.96140, of the intention.I to consider at a public hearing the granting.ofa p The Planning Commission's decision is. final unless Conditional or Unclassified Use Permit. appealed to th.e City Council. ental Health-to' - rmit-(CUP 9 1(6)l 0)was approved for Peninsula M 10. Conditional Use Pe e airls at 203 West 12 th Street on June 12, 199 1. The use con ' home to house teen ag duct.a group . � Th permit expired in August, 1996. was approved with conditions. . e 11. The occupancy o.f 203W..12'h Street changed to adults in the mid 1990's. City staff was d cy. 'pCMH staff believed that the City's definition of a not informe of the change in occupan upancy of up to 6 44family," found in Section 17.08.035"F"(A) of the PAMC,permitted the.occ co 'ditional use permit. The use went unreported until November, unrelated adults without a n er to the City's attention-and staff contacted PCMH.staff. 2009,when neighbors brought the matt anning Area that is served by all municipal 12. The site is situated in the,City's Central Pl emergency servic.es. orhood, The.neighborhood is a well-established, completely built out,tr.aditional neighb 13. y-on individual lots. The I area is commonly referred to comprised of single family homes mainl ch and as"Cherry Hill" and is identified by the location of the Queen of Angels Chur e north.of the property), St. Matthew's convent/elementary school (two blocks immediat ly School (three blocks'east of the site I). A. Lutheran Church and daycare,'and Jefferson Elementary well-established bed and.breakfast use.is lo.cated adj acent to the site north of the 11/12 Alley mmercial uses locat' d north along 8h Street and south to Lauridsen Boulevard: with other co e - 8h Street from the location. The is located four blocks north on pCMH's main office facility City's main fire hall is located seven blocks immediately north of the site. 14. The proposed supported living home is located,on a single Townsite lot developed as a.. e. The site is completely fenced and provides parking at the rear. six-bedroom residential structur onsiderably upgraded over the past year such that it blends The structure and grounds have been c in well with surrounding residential uses. 15. Consumers of Peninsula Community Mental Health services who will reside in the home sed with mental'illness and are *in do not live independently. These residents have been diagno vided by PCMH- They have either limited need of some-assistance'in their daily lives that is pro or no contact with their families and few social supports. The residents are able to ni'anage their finance.s,take medication on their own,purchase and prepare food, and perform housekeeping, Case Aides and Peer Support Specialists visit residence maintenance activities. PCMH and.some -nutrition,hygiene, time management, the residence 5—7 days.per week to provide coaching *in ion,health support, and vocational plans. problem solving, budgeting,transportat e roposed a home where a resident consumer will be train d to be a 16.' , The applicant has p onsibility for dAily management duties with ovenight by PCMH Residence Aide with resp rvi ion. The Resident Aide will.be'under the direct professionals as an in house level of supe s 11 comniunicate eivisor. The Resident Aide Wi f a state-certified Residential Sup supervision.o staff, assist in maintenance of grounds and encourage compliance,with regula'rlX with.residential ibis type of group. information indicates that consumers who .occuPY house.rules. -Application residence do n 't need 24-hour care but would benefit from in-house supervision. 0 Conditional Use Permit-CUP 10-02 Page 8 : August 25,20 10 17. PCMH Director Peter Casey indicated that residents will be.screened to en I sure that at- risk individuals will not be placed in the residence. PCMH has a policy to screen residents for placement within a residential zone given a number of factors including safety and well-being and criminal-history. Consumers who do not meet the criteria will not be placed in the residence. Mr.Casey acknowledged that an unfortimate resident placement went unnoticed for many years but when this information was made known to staff, the individual was immediately removed from the residence to a more appropriate location. 18. Although unlicensed for the past 12.years, the home use has been.in place and operated by PCMH with little incident for a total of 18 years at the subject location. Mr. Casey and PCNJH staff have beenworking with City staff to bring the use into compliance with local zoning laws and to conduct an outreach program to the neighborhood that will be a forum to identify and address any issues that may arise from the occupancy in the future. 19. Neighbors to the.home contacted City staff in November,2009, to discuss occupancy concerns following a meeting with PCMH staff in October. Neighborsexpressed a desire to initiate a neighborhood outreach and education program similar to the condition that was attached to Conditional Use Permit CUP 91(06)10. PCMH Director Casey is aware of the advantages of such a program and agreed to initiate.same. The previous conditional use permit- required monitoring during extension review of the CUP. 20. The Federal Fair Housing Act (FFFIA)requires that licensing requirements shall not violate the,rights of individuals to reasonable accommodations in zoning practices. Conditional use permits may not discriminate against the handicapped but shall protect their safety as well as the safety of the community in general. 21. The City of Port Angeles allows for group home use by conditional use permit in all residential zones. Such review is intended to identify emergency service needs and identify particular characteristics of individual neighborhoods. Peninsula Community Mental Health operates under oversight by the Departments of Health(DOI-1) and Social and Health Services (DSHS). 23. The Federal Housing Authority Act (FHAA) has limited some municipal zoning authority in an effort to avoid stereotyping to achieve community integration. The common policy per FHAA is to.require group homes to be distributed throughout,the community where residents are able to live in mainstream residential neighborhoods rather than in a cluster of group.homes segregated from the rest of the community' Local zoning regulations maintain some authority over locational siting but regulations must be administered similarly to any such group occupancy. 24, The Port Angeles Comprehensive Plan was reviewed it in its entirety in analysis of this application. The goals,policies, and objectives listed in Attachment B tothis staff.report were found to be the most applicable to the proposed use. 25. Public notification was mailed to property owners within 300 feet of the subject site and posted-on the property on July 29, 2010, and August 24, 2.010. Notification was placed in the Pe' ninsula Daily News on August 24, 20.10, with written comment accepted by September 7, 20 10. Comments provided by neighbors with regard to the use during the written public comment period are attached as Attachment "C"to this staff report. Page 9 Conditional Use Pennit-CUP 10-02 August 25,20 10 26 A Determination of NonSignificance.was issued for the proposed action on,September 8, 2010,per WAC 197-11-355., This action satisfies the City's responsibility under the Washington State Environmental Policy Act (SEPA). Conclusions: Based on the information provided in the Department of Community Development Staff Report.for CUP 10-02 dated August 25, 2010, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Comm I issionis discussion and deliberation, and the above listed conditions of approval and listed. findings,-the City of Port Angeles Planning Commission her.eby concludes that: ined in Section A. .- The use as proposed mirrors the definition of a group home as def 17.08.040(C)-of the Port Angeles Municipal Code and is permissible by conditional use permit in the RS-7 Residential Single Family zone under Section 17.10.040(R) PAMC. Group homes and als are afforded reasonable supported living arrangements ensure that special needs individu accommodation in their residential living situations and are not clustered in institutional environments when such individuals are prepared to live more independently. This practice empowers such individuals to live aseapably as possible with responsible supervision. r Section 17.96.050 of the Port Angeles B. The conditional use.permit was processed pe Municipal Co.de with conditions attached to protect the public health, safety, and.welfare, and to prevent depreciation of neighboring property. C. An outreach program will enable the neighborhood an opportunity to participate in the idents and knowledge of the procedures of success of the home through familiarity with the res the home. The program will provide an opportunity to communicate before concerns become issues and will ensure the safety and well-being of residents and the neighborhood. D. Registration of group homes and supported living arrangements protects residents and identifies their homes for responders during emergency and general aid calls. Review.of the location-of group homes and supported living arrangements ensures that.the uses will integrate well into residential neighborhoods while providing reasonable accommodation t,o all groups of people. E. As conditioned, the reside.nee will be maintained in an updated manner consistentArith other neighborhood properties and will therefore ensure the retention of neighborhood property values in the single family neighborhood in which the sit.e is.located. F. The Residence Aide will be able to quickly respond to any issues that may arise in the. resi I dence thereby reducing the need for outside assistance from either the City's emergency services or PCMH employees. Property maintenance skills will benefit group residents and. enhance the neighborhood value as a.whole. The group home will be supported byTCMH ulation will be supported. professionals�,on a daily basis ensuring that the special needs pop G. As conditioned,the reside.nee will be operated in,accordance with the plan and policy of the PCMIL mpliance with goals,policies, and objectives of the City's H. As conditioned,the use is in co Comprehensive Plan specif.I cally with Growth Management Element Goal A and Policy A.Ld; ent Land Use Map, Goals, Policies, and Objectives:Goal A,.and Policy A.2; Land Use Elem Conditional.Use Permit-CUP 10-02. Page 10 August 25,20 10 Residential Goals,Policies, and Objectives Goal D, and Policy B.l, and Goal C and Policy C.I; Utilities and Public Services Element Goal A and Policy.A.3, and GoalB. and Policy B.2; Housing Element Goal A. and Zoning Ordinance. ATTACHMENT B COMPREHENSIVE PLAN GOALS,POLICIES,AND OBJECT,IVES GROWTH MANAGEMENT ELEMENT Goal,A. To mana-e growth in a responsible manner that is beneficial to the community as a whole,is sensitive to the rights and needs of individuals and is consistent with the State of Washington Is Growth Management Act. Policy A.1 d. Housing.I Encourage the avai.lability of affordable housing to all economic segments of the population. Promote a variety.of residential densities and housing types and sizes, and encourage preservation and expansion of existing housing stock. LAND USE ELEMENT LAND USE MAP, GOALS,POLICIES, and OBJECTIVES Goal A. To guide current and future development within the City in a manner that provides certainty to its citizens about future land use and the flexibility necessary to meet the challenges and opportunities of the firture. Policy A.2. All land use decisions and approvals made by the City Council and/or any of its appointed Commissions,Boards or Committees should be consistent with the Comprehensive Plan and its land use map. RESIDENTIAL GOALS, POLICIES,AND OBJECTIVES Goal B To have a community where residential development and use of the land are done in a marmer that is compatible with.the environment,-the ch aracteristics of th e use and the users, and the desired urban design of the City. Policy B.1 Urban services should be available for all residential areas as required by the. Capital Facilities Element concurrency policy. Goal C To have a community of viable districts and neighborhoods with a variety of residential opportunities for person al interaction, fulfillment, and enjoyment,that are attractive to people of all-ages, characteristics,and interests. Policy.C.1 Residential land should be developed on the district and neighborhood concept. Although such districts may be composed primarily of residential uses of a uniform density, a healthy, viable district should be composed of residential uses of varying densities, which may be augmented, by subordinate and compatible uses. Single family and multi-family homes,parks and open-spaces, schools, churches, daycare and residential services,home occupations, and district Conditional Use Permit-CUP 10-02 Page I I August 25,20 10 shopping areas are all legitimate components of district development and enhancement. A neighborhood should be primarily composed of low, medium, or high density housing. UTILITIES AND PUBLIC SERVICES ELEMENT Goal A To provide orallow the opportunity for services and facilities which enhance the quality of life for Port Angeles citizens of all ages, characteristics,needs, and interests and to achieve the desired urban design of the City. Policy A.3 social services providing home care should be located in residential neighborhoods in a manner that maintains the character of the immediate neighborhood. Goal B To support services and facilities through different levels of participation in cooperation with other public or private agencies. Policy B.2, The City should participate as a "financial partner"to support essential programs and services including: Youth recreation programs.and facilities Library facilities. Senior programs Low and moderate income housing programs Facilities for senior programs Utility assistance for low income households and Social andpublic health services HOUSING ELEMENT Goal A. To improve the variety, quality, availability, and attainability of housing opportunities 'in the City of Port Angeles. Conditional Use Permit-CUP 1.0-02 Page 12 August 25,20 10 ATTA CHMENT "D" APPLICATION Eubor inn J&b anb 38reahfaot VoW Best Bed and BreaVast Clallam Co-Lmty 2006, 2007, 2008, 2009 and 2010M R P August 14, 20 10 City Department of Community & Economic Development FAUG 18 2010 CITY OF PORT ANGELEI,, City Hall Dept.Of COMMUnity Development PO Box 1150 Port Angeles,WA 98362 RE: Group Home Conditional Use Permit Application Peninsula Community Mental Health (PCMH) Atten: Sue Roberds To Whom It May Concern: This letter serves as my written support for the approval of the Conditional Use Permit Application for the Group Home located in RS-7 Residential Single Family Home zone, 203 West 12th Street. This residence is due souih of my property at 1108 South Oak Str eet,Port Angeles. My 26 years of service on behalf of individuals with Developmental and Mental Health challenges included the responsibility of licensing,training staff, developing curriculum and monitoring the many Small Family and Group Homes located throughout California. Communities as a whole are not only ethically but legally required to be as inclusive and least restrictive as possible in providing living,working, educational and recreational opportunities and assistance to individuals in our social service delivery systems that are similar in nature to those environments we all wish to participate. I believe that is the directive here in Washington as wen. I became aware of the Group Home under consideration when I completed my due diligence in preparation for purchasing my current residence/business and moving here on July 30, 2010. During these past years I have interacted with the residents living in the home occasionally as I have with other neighbors. Several times I spoke with the residents about the loudness of music, working on a car, or loud conversations that occurred between 10 p.m. and 7 a.m.when a guest had shared that they were unable to sleep. The resident responded by lowering their volume or stopping the loud activity. On occasion they needed additional reminders but were more than willing to quiet their activity. I have done no less with another neighbor whose dog would bark incessantly in the late evening and early morning. I went and spoke with them. I would expect the same courtesy if my home/business was causing concern from a neighbor. Last October 2009 there was an individual residing at the home with a syndrome that often manifested in loud, cursing, and verbal discourse. Due to the nature of this individual's disability, the verbal context and volume is often unmanageable with prompts. I did call PCMH for the first time since moving here to speak with Peter Casey, Executive Director to discuss the situation. At about the same time, several of the boundary neighbors had shared concerns they had regarding another resident and the appropriateness of his living in the home. There was also discussed the facility and grounds maintenance concerns. The main concern of mine was supervisory in nature and I was Page Two Conditional Use Permit for 203 W. 126 Street, Port Angeles,WA seeking information on what services were provided during the later evening and early morning hours for residents in the home. Rather than these round-robin conversations amongst the neighbors I suggested a meeting with Peter Casey and his staff to discuss and work out some resolutions that would be amenable to aH concerned. My intent was never to suggest the home be closed, nor purchased by a group of homeowners or that the residents were not welcome as my neighbors. A meeting was scheduled immediately. The meeting was held and following that evening, plans were set in motion to provide staff as needed during late evening and early morning hours, the plans to trim up the yard and begin major renovations and restoration to the home were begun. It looks beautiful! The two residents were assisted in locating alternate living arrangements. During these times when funding and options are often limited I believe Peninsula Community Mental Health under the guidance of Peter Casey acted promptly, with respect for the individuals living in the home as well as the bordering neighbors. I would hope that should a member in my family ever need similar social services that they too would have the opportunity to reside in a neighborhood as we do; receiving the individual and group assistance to make their lives as comfortable and similar in nature to anyone else residing in this community. --Sii_nc�ere 14 RrSchult4 Owner4mkeeper Copy* M_r Peter Camy, Executive Director Peninsula Community Mental Health 1108 bo. Oak Otreet, J)art ZingeW, 39Z 98362 WWWAuborinn.com * tnto@tubarinn.tom * $60-452-3 1 3S * 866-286-2224 To: Port Angeles City Council E C E � W E Cc: Editor, Peninsula Daily News AUG 18 2010 Date: August 17, 2010 C ITY OF PORT ANGELES Dept.of Community Dev alopment Re.- Peninsula Mental Health Housing 203 W 12 th Street From: Barbara McFall 1h I was born and raised in Port Angeles in the neighborhood of 203 W. 12 . In fact, I lived right across the alley in the Tudor Inn. I remember the Fryer family living in that house and later another large family, the Hopsons, living in that house. The neighborhood, then as now, was filled with a number of families and retirees. An R7 zoning results in solid, residential neighborhoods where kids run rampant, neighbors talk across the fence and most everybody is acquainted with each other. They are neighborhoods in which people feel safe in raising their families and inviting their friends to visit. I am also a law enforcement officer and have been for the past 11 years. I am well acquainted with the issues of mental illness and substance abuse. They are some of the hardest people to deal with due to the double whammy of drugs and severe mental health issues. Until recently many drug treatment facilities would not take patients with mental health issues and vice versa. This results in many of them being left at large in the community, either untreated or being treated on an outpatient basis with agencies such as Peninsula Mental Health. Peninsula Mental Health actually has a number of housing units scattered throughout Port Angeles in addition to the one at 203 W. 12 th St. What makes 203 W 12 th Street stand out is the dual diagnosis status and the severity of the challenges faces by its clients who stay there. The only other PMH residence I know of with clients that severely challenged is 2nd Street House, which is staffed 24 — 7 with at least one on-site trained staff member. The combination of substance abuse and mental illness make these subjects extremely unpredictable and often volatile. Many drugs may leave users paranoid, delusional, and/or psychotic with long periods of insomnia and restlessness. These are difficult people to deal with during the best of times. 203 W 12 th Street is a house full of such subjects living unsupervised in a residential neighborhood with two schools and two churches within three blocks. It is a matter of public record that the Port Angeles Police Department has been frequently called to this house or to disturbances involving subjects from this house. Many substance abusers also have significant criminal history. What kind of background checks have been done on these subjects? What is being done to weed out the predators, those prone to violence, and those with serious felony criminal history? One obvious characteristic of the dual diagnosis is lack of judgment or lack of consistent good judgment. One of the proposed solutions to the issue was for Peninsula Mental Health to rent to just one such subject and expect him to deal with the other five or so "roommates" Peninsula Mental Health will bring to him; This solution is beyond ludicrous. The house does not function well now. How could you place that pressure and responsibility on a dual diagnosed subject and expect him to successfully navigate the issues PMH could not? I am sure one of the reasons Peninsula Mental Health purchased the house in the first place is no landlord in his right mind is going to take on not one, but five or six such high risk renters. They are in that house and receiving treatment for a reason, chiefly that they have difficulty living independently and have few other housing options. They need treatment and closely monitored supervision. If the house is rented to one subject who sublets to others and is no longer under the auspices Peninsula Mental Health it would stand to reason that each of those renters is now under the protection of the Landlord Tenant Act which does not' apply to group housing like PMH houses. Then presumably, PMH would no longer have the ability to easily remove an uncooperative subject or one who is not paying his rent etc. PMH would not longer have the housing issue to use as leverage to motivate subjects to take their medication, obey house rules, etc. I believe the City of Port Angeles and Peninsula Mental Health must face up to the seriousness of the issues involving 203 W 12 th Street. This is not a question of "Not in my backyard". This is a question of not in any residential backyard until the dwelling has constant on-site supervision as well as safety procedures in place; procedures that would not allow a convicted sex offender who also happens to have a drug abuse problem and a concurrent mental health diagnosis to reside there. Peninsula Mental Health and the City of Port Angeles need to be transparent in their handling of this issue. Almost from the beginning Peninsula Mental Health has hidden behind the lies of omission, moving far beyond the original stated purpose for the home without acknowledgment to the City or the neighborhood. When Betsy Schultz of the Tudor Inn sought to increase her business by hosting tea parties the city refused her a permit without significant remodeling of her kitchen as this was too far removed from the activities of a Bed and Breakfast. The zoning and enforcement process should be applied fairly to all. At least the Tudor Inn paid taxes and generated revenue for the community. As a tax exempt agency, Peninsula Mental Health does not pay taxes for that house. Up until very recently they made very little attempt to maintain the house or yard, leaving it to disintegrate into a shabby, unkempt eyesore. Peninsula Mental Health is not following through on its original, stated use for the residence at 203 W 12 th Street. They have allowed their original permit to lapse rather than bring its altered use under public scrutiny. They are not communicating in good faith, they are not addressing their responsibility to the clients they serve at 203 W 12 th Street or the neighbors residing in that neighborhood. They have proved they do not place a high value on honesty, open communication, or being a part of the neighborhood which they impact on a daily basis. I am asking that their request for a new permit be denied. Sincerely, Barb McFall 912-0262 Q c AUG 18 2010 CITYOFPORI INZVAA Dept,of commu 61 August 16, 2010 Port Angeles City Planning Commission E C E, [1 P. 0. Box 1150 AUG 18 2010 Port Angeles, WA 98362 CITY OF PORT ANGELES Dept,of Community Development The following are comments and concerns that we would like to see addressed regarding the Notice of Application for a Conditional Use Permit at 203 West 12 th street: We know that this facility has been in operation as some type of group home since 1991. We weren't made aware that the use had changed from an Adolescent Transition House for girls to a Group Home facility for men. We would request that the residents would be closely monitored by the Peninsula Community Mental Health Department either by providing "live-in" counselors or a Counselor Aide. We would also insist that these residents are NOT registered sex offenders, because of the location of Queen of Angels School and the children that live in the nearby homes. While we do appreciate that recent"face-lift"that was given to the house, i.e. New fencing, new paint, and trimming of the trees in front,we would hope that this maintenance and upkeep continues... the home was in a state of disrepair for a long period of time. We live five houses East of the group home and we have not noticed any nuisances or disruptions coming from the residents of the home. However, other neighbors have been concerned about police incidents that have occurred at the home. It is our recommendation that the Planning Commission grant the Conditional Use Permit for a six month to one-year period. At the end of that time period, re-evaluate and see if it is something that should be continued in this neighborhood. Si ncerely, Dick and Judy Owen 223 West 12 th Street, Port Angeles, Washington 1115 East Front Street 11 Port Angeles,WA 98362 Business(360)452-7861 Toll Free(800)292-2978 UPTOWN REALTY Fax(360)452-8665 www.uptownrealty.com L h August 18' 2010 AUG 18 2010 CITY OF PORT ANGELES Dept,of Community Development Dear Sue, In regards to the conditional use permit for the property located at 203 W. 12" St. property J would like to state my opinion . Over the years I have sold many houses in Cherry Hill which is a most desirable area. I had no idea that this home was a group home run by Peninsula Mental Health. For a long time the group home was in fair condition but over the years has had a lot of deferred maintenance. I probably would not encourage peopjp to purchase these homes,had I known that this was a group home. At the.least let them know about it and let them make that decision. I do not feel that these homes should be in a residential area especially one just a block from a school and church and two blocks from another school.. I think that we should have disclosure if a group home is placed in a Residential Zone and should know what type of residents reside there and what crimes they may have committed especially if they are pedophiles or registered sex offenders. I would doubt that the City of Port Angeles has ever monitored any of these conditional use permits to see if they are being used in the way they were intended . It's one thing to grant a permit but another to see that the neighborhood is maintained as it should be in residential zones. These homes need to be closely monitored, especially ones with more serious mental issues. )Vhere is the city in terms of monitoring the conditioned use and why is the C.U.P. allowed to be expired for over 13 years? I look forward to the public hearing in regards to this issue and hopefully, the city will have some new guidelines that will protect the general public that live in residential z95s That *Is what we have zoning laws, for to protect and maintain,the continuity of - - - I ighborhoods. Irvine Idwell Banker Uptown Realty Certified Residential Specialist Realtor for 24 years in Port Angles Each Office Is Independently Owned And Operated. Sue Roberds AUG 17 2010 Planning Manager CITYOF PORTANGELES Dept.of Community Development City of Port Angeles, WA 8/10/2010 Dear Mrs. Roberds I am writing to you in response to your request for comments regarding the issuance of a conditional use permit for a group home located at 203 W 12 th St in Port Angeles. I reside at 209 W 12 th St and hope that you will present my comments to anyone who will listen to them and think about the implications of what the City is about to do regarding this proposed group home. Shortly after I moved into my home in 2007 1 was appro ached by a gentleman who owned a home on I 1th St behind my house. He told me that he was going to be renting his house to a former resident of this 203 W 12 Ih St residence. His purpose in notifying me was to ask if I would object which I did not. He did say something that bothered me at the time. He said that the person that was going to live in his rental left the 203 W 12 th St because he feared for his own wellbeing and "had to get out of there". I thought no more about the 203 W 12 Ih St residence until last year when my neighbor across the street asked me to sit with her daughter while she went to work. She had heard through a friend that knew an employee who worked for the Peninsula Mental Health Clinic at one of their other homes,that a pedophile was living at 203 W 12 th St and that she was afraid to leave her daughter alone while she was at work.About the same time I heard this from my neighbor across the street,the neighbor who lived to the right of me told me that one of the residents at the 203 W 12 th St home had threatened to kill her daughter. I have been disturbed by these events and wonder why the City has not had any structure or oversight for such a group home in our neighborhood. I have seen police cars coming and going and have not experienced anything like this in any other neighborhood I have called home. I wish to state that I want to feel secure in my own neighborhood and the City should do what it takes to make sure that happens.Thank you for listening to my issues with regard to your proposed conditional use permit for 203 W 12 St. I plan to attend the meeting on August 24, 2010. Sincerely yours, August 12, 2010 AUG 16 2010 71 RTANG LEs rOYAC To the City of Port Angeles Planning Commission, in the matter of the he i F! unity Development! conditional use permit for the group home at 203 W. 12" Street: We are the only homeowners in the neighborhood around the group home at 203 W. 12' Street who were here when the house was a private residence. When the original hearing was held to discuss the possibility of the house becoming a group home we were supportive. We still are. I. Over the years we have found Peninsula Community Mental Health to be responsive to concerns expressed about the residents of the home and solutions to those concerns to be immediate,up to and including removing a resident we have found to be a bad fit for our neighborhood. 2. We thought that when, in the fall of 2009, a meeting was held to express some serious issues with the house that were of more recent development,that Peninsula Community Mental Health responded both immediately and appropriately. There has never been a time when Peninsula Community Mental Health was not willing to address our concerns. We have never hesitated to express concerns or felt they would be ignored. 3. We appreciate the effort that has been done to maintain the house and yard, especially recent improvements that undoubtedly took time and careful budgeting to accomplish. This neighborhood is one that has a variety of homes, some well cared for and some not. One only need walk along 12 th Street between Laurel and Cherry to see quite a number that are not. The group home is doing a good job in this regard. 4. When the house was a private residence there were sometimes situations that were not optimum, such as loud, late parties or, of much more serious concern, subletting bedrooms to transients. Our interactions with Peninsula Community Mental Health have given us recourse we didn't have when the house was privately owned. We think that Peninsula Community Mental Health needs to have a current conditional use permit that is kept current. We think that the residents need supervision so Peninsula Community Mental Health is aware on a daily basis of how individual residents are doing. We think that residents should be carefully selected by Peninsula Community Mental Health so placement ensures residents who are at a stage of treatment enabling them to function in a family neighborhood,both for our safety and theirs. There are many children in our neighborhood, and we think Peninsula Community Mental Health needs to continue to be mindful of this. Good health, physical and mental, is one of life's great blessings. There is no guarantee that if we are fortunate enough to have it, we will always have it. It is not inconceivable that someone in our neighborhood might one day be in need of mental health support services such as Peninsula Community Mental Health and the group home offer. Private residences hold no assurance that horrible things can't or won't happen; over the last 24+months in our neighborhood there have been tragedies in family homes that stunned Port Angeles, one two blocks east of us and the other two blocks south. Troubling news stories make us aware there are many people with mental disorders who are getting no help whatsoever. In the group home at 203 West 12 th Street,they're getting help. Sincerely, I'd, Allen (Joe) and Naomi Denhart 139 W. 12th Street Port Angeles, WA 98362 Cc: Peter Casey, Executive Director, Peninsula Community Mental Health Page I of 2 Sue Roberds - preparation of conditional use permit for 203 W 12th St From: STEPHEN HOWARTH Date: 8/16/2010 10:30 AM Subject: preparation of conditional use permit for 203 W 12th St Sue, You asked me for input regarding your preparation of the conditional use permit for the 203 W 12th St property. First I wish to reiterate some housekeeping matters regarding the permit process and the public hearing that is to come. I asked if you would be present at the public hearing and you indicated to me that you would be. I hope you will describe the conditional use permit to the public at the beginning of the meeting and include the following: 1. Purpose for the conditional use permit. 2. Duration of the permit and renewal period. Also prior to each renewal period, will members of the neighborhood have the opportunity to weigh in on whether or not it should be renewed?. 3. Criteria for renewal. Will the City check with the police department concerning activity at the house during the preceding period? Will inspection of the property be done by the-City regarding compliance?? 4. Under the conditional use-permit, will the fire chief inspect the property for any safety issues?? 5. ORIGINAL CONDITIONAL USE PERMIT a. Stipulated that the house was to be "maintained in a manner such that it would blend into the rest fo the neighborhood" (The property was let go for years and fell into terrible disrepair. I am sure that the neighborhood does not want a repeat of that) Will they mow the lawn and paint the house, clean the fences as needed....etc?? b. Permit limited how many automobiles would be on the property. c. Original permit dealt with conduct of residents as it pertained to the atmosphere in the neighborhood. Will there be laguage in the conditional use permit that addresses acceptable behavior. NOTEH! This was the crux of the original meeting that we had with PMHC last October and is of vital importance to the neighborhood. d. Other issues surrounding the original permit that are of interest to R-7 zones throughout the City 6. 1 believe that in relation to 5.c above PMHC should AT LEAST disclose to the public and members of the neighborhood whether or not they intend to house residents that have been convicted of a crime at the 203 W 12th St property and CERTAINLY if members on PROBATION, having been convicted of a crime in Clallarn County or some other County in the State of Washington or even from outside the State of Washington are living there. Such crimes might include: narcotic use or sale, sexual offenders, crimes of violence, grand larceny.......any other felony conviction. ** I view this as a PUBLIC SAFETY issue whether or not PMHC and the City want to call it as such. If this property with its defined "Conditional Use" as defined by the City itself were not next to 2 schools, an active church, a potential tourist attraction for the City and residents of a neighborhood that moved to that neighborhood assuming that the R-7 zone ordinance actually means something....then it might be judged otherwise. The presumption must start for the logical conclusion that simply owning a property ina zone that has been ---------------- file:HC:\Documents and Settings\sroberds\Local Settings\Temp\XPgrpwise\4C69133�Z)O... 8/16/2010 Page 2 of 2 designated by the City for a specific purpose, does not give ANY resident the unilateral right to define how they will use that property. I cannot be certain of the following statement, but I would have to believe that across America in every neighborhood such as ours, that with almost 100% certainty, public safety would always trump political correctness. Whatever politics are involved in this case Sue, I believe that the City would be well served to address this issue head on. Otherwise, I predict huge liability issues for them in the future. 7. With regard to 6. above. The conditional use permit must be ratified by the City Council and members of the Board of. Directors of PMHC. These individuals through their vote will assume responsibility for their vote (politically and legally) I hope that these illustrious individuals, who will sit and pass judgment upon what should occur in someone else's neighborhood will pause and weigh their decisions as if they lived in OUR neighborhood. 8. Issues of trust have arisen between members of the neighborhood and PMHC and some people feel that there have even been out an out lies circulated by administrative officials of PMHC to the City and the neighborhood. In October of 2009, PMHC indicated that they had someone coming to the house daily. After the meeting, they indicated that an additional visit would be made at night to regulate adverse activity that had disrupted the Tudor Inn and other residents of the neighborhood in the late evening and night-time hours. Nobody has seen anyone coming to the property for this purpose. If the City wants to address disruptive behavior and repeated visits by the police force to the 203 W 12th St property, then they should require 2 things in the conditional use permit. a. Whoever comes to the property must be qualified to deal with mentally ill people. b. Whoever comes to the property must detail their visit, the reason for the visit and any corrective action that was taken.This can be accomplished with a visitation log kept daily or by using a time clock to document their time and clinical logs to detail what they observed. c. History speaks for itself Sue. The property itself suffered neglect and adverse activity at the house reflected clinical neglect as well.(in my opinion) d. With regard to 8 (this issue). If the stated purpose in the application for the conditional use permit by PMHC for the 203 W 12th Stproperty is.......REHABILITATION......then how could either you (the City) of PMHC object to requiring this documentation as part ofthe permit process?? 9. 1 believe that this is a precedent setting issue and will ultimately determine the destiny of R-7 zones throughout the City. Choose your words wisely in your final preparation of the conditional use permit Sue. file:HCADocuments and Settings\sroberds\Local Settings\Temp\XPgrpwise\4C691338DO... 8/16/2010 GAry R. Colley Stephen C.Moriarty Sequirn Office David H.Neupert 495 West Alder Street Patrick M. Irwin (360)681-5000 Simon Barnhart Christopher J. Riffle LA. Pl'.Pw (Also licensed in Nebraska!and Iowa) Port Townsend Office Stephen E. Oliver,Of Counsel 403 South Peabody 914 Washington Street Port Angeles,WA 9,83,62 (360)385-4399 Bart G.Irwin (Retired) (360)457-3327 Frank B.Platt(1926-2009) Fax: (360)452-5010 Please address all mail to the Stanley A.Taylor(1911 -2001) Email::pmirwin@plattirwin.com Port Angeles Ojfice August 18, 2010 City of Port Angeles Planning Commission 321 E. 5" St. ,Port Angeles, WA 9836.2 RE: Conditional Use Permit#10-08 Peninsula Community Mental Health/203 W. 12" Street, Port Angeles Memorandum In Opposition to Conditional Use Permit A. Introduction The issue before this Commission is not whether Peninsula Community Mental Health (herein "PCMH") has the right to own and run a facility at 203 W. 12th Street where people with mental health issues reside. It can. The only.issue is what conditions does the Port Angeles City Code put on PCMH in order to own and run such a home. It is the position of my clients,Howard Ruddell and Dr. Stephen Howarth,that City Code and.state law require the facility at 203 W. 12th Street to be properly licensed with the Department of Health, and abide by the staffing requirements of such licensing in order to receive approval of the now pending Conditional Use Permit. Without the proper licensing or confirmation from-the Department of Health that no additional licensing is required, the permit must be denied. �B. Brief Facts In the late 1990's,PCMH opened 203 W. 12' Street as a troubled teen irl group home. At that time, 9 PCMH petitioned and received a ConditionalU.se Permit from the City of Port Angeles for the group home. The records on file show that the teens living at the location at that time were troubled and in need of life skills training, but were otherwise not dependant on PCMH for other services, care or medical care. August 18, 2010 Planning Commission Page-2 In the past decade, the house has transitioned into.a facility for the mentally ill. Unlike the young women who lived at the house in the past, many of the residents at the home require significantly more care and are not otherwise able to live independently from the institution. Over the past two years, this house alone caused twenty (20) incident reports with the Port Angeles City Police Departnient.� These reports range from calls from residents of the home to 9.11 asking what day it was, asking how to restore gun rights, reports of being attacked by "spirits" to a full and violent breakdown of one of.the residents (copies ofall reports are attached). Despite promises to work with the neighbors and that the facility has no additional impact on public services, PCMH allowed a high risk sex offender to reside on the property and in the past three months residents persist in making 911 calls to deal with issues that a properly staffed facility would avoid. In the past three months, 911 has received a call from a resident indicating he is hearing voices. Another resident stated he has not seen his children in months. Children he does not know the names of and likely do not exist. C. Legal Brief I. Licensing Must Be Required Any recommendation for approval of the Conditional Use Permit will be based on'the mistaken belief that the 203 W. 12 1h house is,currently,being used as a"Group Home"instead of an unlicensed "Adult Family Home." Given the experiences of the neighbors to the home, the number and kind of incidence reports to the Police Department and the level of care required of the residentsat the facility,the facility is an "Adult Family Home." The residents of the faculty and the nei.ghbors to the facility,deserve the care,protection and peace of mind that comes with a properly licensed and staffed facility. It is for this reason that the Commission should deny the Conditional Use Permit . until proper licensing is attained or provided to staff or,at very least, condition the permit on proper licencing-or confirmation from the Department of Health that no additional licencing is required. 2. "Adult Family Home,"v. Group Home Under Chapter 17.10, RS-7 RESIDENTIAL, SINGLE FAMILY, there are two potential defined uses under which a facility for the residence of individuals with metal health issues can be approved by the City. Adult Family,Homes are listed as, an outright permitted use, and Group Homes are listedas a conditional use. See Port Angeles City Code§§I 7.10.020(A),and 17.10.040(l). "Adult Family Homes" are defined in Port Angeles City Code §17.08.0 10 Q as: C. Adult Family Home — a one-family dwelling of a person or persons who are providing personal care,room and board to more than (1) but not more than six (6) adults who.are not related by blood or marriage to the person or persons providing the services and who are licensed by the State of Washington pursuant to Chapter August 18, 2010 Planning Commission Page - 3 18.48 and Chapter 70.128 (Adult Family Home regulations).' This definition is directly in keeping with the State Legislature's definition of an Adult Family Home which means: a residential home in which a person or.persons provide personal care, special.care, room and board to more than'one but not more than six adults who are not related by blood or marriage to the person or persons providing the service.. RCW-70.128.01 0(l). Under both definitions, the key point is that the facility is being used not simply as a residence, but "Personal care" or"special care" is being provided to those who live at the facility. This is apposed to a"Group Home,"which is a: non-independent,non-famil housekee in unity in which the residents are assisted� y p 9 by an outside agency.or organization. Code §17..08.040( Q. This definition notes a more directly residential use without the additional care provided in an Adult Family Home. The distinction between an Adult Family Home and a Group Home is the level of care that is or should be provided to the residents of the particular facility. 3. The Residents of the Facilily Need Personal and Special Care. The one inescapable fact that PCMH cannot deny is that each of the individuals living at the facility at 203 W. 1-2` are under the direct medical supervision of PCMH because of their mental health conditions and that living at the facility is a part of each of the individual.'s ongoing treatment. This is in fact "personal care and special care." This fact alone removes the facility from the definition of a"Group Home" and places it within the definition of an"Adult Family Home." Without a full explanation ofthe specific kind and nature of the services that PCMH provides the residents of the facility, this Commission cannot make a proper determination as to what particular use the facility is being put. While such an investigation must be requested of City staff This provision ofthe Code is easily mistaken to mean that the care provided must live with those receiving the care since given the language, "one family dwelling of a person." Please note that such a reading completely ignores the definitions of a"Dwelling" under Code §1 7.08.030(H)which only notes that a dwelling refers to the nature of the building being residential, not that a person is in fact living at the dwelling. The mistake also ignores the definition of a"Person,`which includes any"firm, partnership, association, corporation, company or other legal entity, private or public,whether.for profit or not for profit."Code §17.08.085(B). Since the building is a"dwelling"of PCMH, a"person,"there is no requirement under the Code that a car giver live at the location for it to.be anAdult Family Home. August 18, 2010 Planning Commission Page- 4 if not already done at the time of hearing, the picture presented by the Police Incident Reports attached hereto,and the other comments of record,show a significant need for special and personal care in order to protect and care for the residents of the facility and the surrounding ne'ighborhood. Please review the letters before the Commission and the Police Incident Reports with care. 4. The Lack of a License Alone Does Not Make The Facili1y a"Group Home." The Port Angeles City Code is keenly written in order to protect and balance two vital public interests: safety and fair housing. To this end, all Conditional Use Permits may be conditioned to "protect the public health,safety,and welfare,and to prevent depreciation of neighboring property." Code § 17.96.050(B). Such considerations are blunted as to prevent discrimination by direct recr,eance to the Federal Fair Housing Act in the same section of the Code. This same balance is preserved in the allowed and conditional uses of RS-7 Residential, Single Family, properties. Adult Family Homes are allowed outright in RS-7.zoning without the need of a Conditional Use Permit. The residents of such homes are free from,discrimination, able to live in tight knit communities and are afforded the ability to enjoy the benefit of a true neighborhood. Since the facility is licensed with the Department of Health or the Department of Social and Health Services,the residents are receiving the care required them by the state subject to license reviews,and a process if complaints should arise. The rest of the neighborhood is kept reasonably safe in the knowledge and fact that the facility meets state requirements and�there is a process to resolve problems should they arise. No Conditional Use Permit is required for an Adult Family Home,since the two public interests stated above are satisfied. A "Group Home" is a conditional use so that the City can confirm that the care needed to protect all the parties involved is either in place or taking place and put such restrictions-on the use as may be needed to reduce the impact on the public. Lower risk to all,means lower oversight is necessary. All interests are thus balanced. PCMH cannot,.however,place a facility within a RS-7 neighborhood that has the risks and requirements of an Adult Family Home and claim that the facility is only a Group Home because it refuses to properly license or staff the facility. To allow this to happen,the Commission would fail i,n its duty to balance safety and housing access. The public risk would be allowed without the intended oversight. The review for this Commission should not thus focus exclusively on if the property is licenced, but rather if it should be licenced as an"Adult Family Home." 5. Reacquiring Proper Licensing is Not Discrimination. To state once again,my clients' position is not that a facility for persons with mental health 1h issues must not be allowed at 203 W. 12 Street. Their position is that the facility can only be allowedunder Port Angeles City Code if it is properly monitored and staffed. It is for this reason August 18, 2010 Planning Commission Page - 5 that my clients' request this Commission to deny the Conditional Use Permit until the facility is properly licensed with the Washington State Department of Health, or the Department of Health confirms that the, facility,does.not-require licensing. Any claim that this request is discriminatory is a "red herring," and is likely reverse discrimination. The City, and this Commission, regularly approves Conditional Use Permits with the requirement that the use is conditioned upon proper licensing with state or federal authorities. That the use at issue before this Commission happens to be a residence for persons with metal illnes's is beside the point. The point is, where there is a state regulatory system that protects all parties, it is this Commission's-responsibility to condition any permit on current and continued compliance with that system. Treating the neighbors to this facility differently from.any other neighbors of any other applicant's facility, si ply because this applicant is housing the mentally ill, is a painful 411 . distortion of logic and the law. Proof of state administrative compliance protects the public, the residents of the facility, and the Commission's review process. A review is prudent and would protect all parties. My clients do not believe it wi§e to simply rely upon the assurance of PCMH when placed a sexual predator at the facility without any notice to the neighbors,and only now produces a screening process for residence at,the facility under threat of this hearing. Absent assurances from the Washington State.Department of Health of compliance, PCMH's applications should be denied. D. Conclusion 'Based on the above,my clients,.Mr.Ruddell and Dr. Howarth pray this Commission deny PCMH's Conditional Use Permit until proper proof of licensing compliance canbe produced. In the alternative,my clients request the permit be conditioned on proof of proper licensing and a review be set for PCMH to show,proper compliance. Sincerely, PL IR F ?-atrick PMLss Enclosure cc: Howard Ruddell Dr. Stephen Howarth PAPD INCIDENT QUERY BY LOCATION 203 W. 12th ST Number Date and Time Incident Type Address Associate Numbers 2008-00011694 09/16/2008 19:18:57 ODP-Overdue Person 203 W 12TH ST e 2008-00015685 12/18/2008 09:38:07 HUP-Abandoned 911 Call 203 W 12TH ST 2008-00015873 12/23/2008 02:04:07 SPV-Suspicious PersonNeh/Circ 203 W 12TH ST 2008-00016238 12/31/2008 17:35:47 WPD-Weapon Discharged, 203 W 12TH ST 2009-00004536 04/19/2009 07:40:19 HUP-Abandoned 91 I.Call 203 W 12TH ST 2009-00008191 07/08/2009 22:21:03 DIS-Disturbance 203 W 12TH ST 2009-00008191 2009-00009875 08/13/2009 20:24:08 ATC-Attempt to Contact/Locate 203 W 12TH ST 2009-00010013 08/17/2009 12:10:36 HUP-Abandoned 911 Call 203 W 12TH ST 2009-00010612 08/28/2009 13:21:39 CMA-Citizen/Motorist Assist 203 W 12TH ST 2009-00010994 09/05/2009 06:18:47 WRA-Warrant Arrest 203 W 12TH ST 2009-00011014 09/0512009 14:47:02 MMI-Malicious Mischief 203 W 12TH ST 2009-00014005 11/15/2009 03:37:52 DIS-Disturbance 203 W 12TH ST 2009-00014324 11121/2009 13:54:40 IFM-Information-Misc(Other) 203 W 12TH ST 2010-00000607 01/15/2010 23:02:17 MEN-Mental Person-Commitment 203 W 12TH ST 2010-00002025 02/09/2010 17:38:53 DIS-Disturbance 203 W 12TH ST 2010-00002512 02/18/2010 10:03:08 MEN-Mental Person-Commitment 203 W 12TH ST 2010-00002578 02/19/2010 09:00:07 ODP-Overdue Person 203 W 12TH ST 2010-00002578 2010-00006784 04/29/2010 23:12:57 DOM-Domestic 203 W 12TH ST 2010-00009128 06/08/2010 09:45:55 SPV-Suspicious Person/Veh/Circ 203 W 12TH ST 2010-00011765 07/13/2010 21:41:00 MEN-Mental Person-Commitment 203 W 12TH ST 2010-00011765 20 8/6/2010 12:52:08 PM Incident Report Print DatelTime: 08/06/2010 14:04 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 Incident: 2008-00011694 Incident Date/Time: 9/16/2008 7:18:57 PM Incident Type: ODP-Overdue Person Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-6516 Source: 911 Report Required: No Priority: 3 Prior Hazards: No Status: In Progress LE Case Number: Nature of Call: WANTS TO REPORT HASN'T SEEN HIS KIDS IN MONTH Unit/Personnel Unit Personnel P454 5192-Powless Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Elliott,David (360)457-6516 Address: 203 W 12TH ST PORT ANGELES 85 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 1 Property Date Code Type Make Model Description Tag No. Item No. Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#200800011694 WA00501 00 Created 2008/09/16 By MSHEATS --259 Last Changed 2008/09/16 By MSH EATS --259 Information on the units assigned to the call follows. Unit#: P454 Radio#: Ofcr 1: 5192 Ofcr 2: 5192 DSP: 09/16/08 19:28 ARV: : CLR: 09/16/08 19:38 HBO. MSHEATS 19:38:52 CAD System Narrative AS400 NARRATIVE FOR INCIDENT#200800011694 WA00501 00 Created 2008/09/16 By MSHEATS --259 Last Changed 2008/09/16 By MSHEATS --259 MSHEATS CHANGED PRIORITY FROM 2 19:19:42 Page: 1 of 2 _NLw., Incident Report VA, Print Date/Time: 08/06/2010 14:04 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 CAD Narrative AS400 NARRATIVE FOR Incident#200800011694 WA00501 00 Created 2008/09/17 By LREIDEL --259 Last Changed 2008/09/17 By LREIDEL --259 MELANIE HUNTER "EVIDENTLY" HAS THEM DOESN'T KNOW THEIR NAMES DOESN'T KNOW HOW OLD HIS KIDS ARE Page:2 of 2 Incident Report R ?A Print Date/Time: 08/06/2010 14:04 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 Incident: 2008-00015685 Incident DatelTime: 12/18/2008 9:38:07 AM Incident Type: HUP-Abandoned 911 Call Location: 203 W .1 2TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-6516 Source: 911 Report Required: No Prioft: I Prior Hazards: No Status: In Progress LE Case Number: Nature of Call: DIAL TONE. Unit/Personnel Unit Personnel P444 4687-Arand P447 2891-Dropp Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Elliott,David (360)457-6516 Address: 203 W 12TH ST PORT ANGELES 85 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 3 Property Date Code Type Make Model Description Tag No. Item No. Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#200800015685 WA00501 00 Created 2008/12/18 By KHATTON --259 Last Changed 2008/12/18 By KHATTON --259 Information on the units assigned to the call follows. Unit#: P447 Radio#: Ofcr 1: 2891 Ofcr 2: DSP: 12/18/08 09:39 ARV: 12/18/08 09:43 CLR: 12/18/08 09:50 Unit#: P444 Radio#: Ofcr 1: 4687 Ofcr 2: DSP: 12/18/08 09:42 ARV: 12/18/08 09:43 CLR: 12/18/08 09:50 Unit#: P216 Radio#: Ofcr 1: 2469 Ofcr 2: DSP: 12/18/08 09:48 ARV: 12/18/08 09:48 CLR: 12/18/08 09:49 CALLED BACK. DAVID ELLIOTT ANSWERED SAID IT WAS MOCONNOR 9:39:04 A MISTAKE, HE SAID HE WAS HEARING VOICES MOCONNOR 9:39:20 CODE 4 KHATTON 9:49:31 HBO KHATTON 9:50:14 Page: 1 of 1 Incident Report a R WA Print Date/Time: 08/06/2010 14:05 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 Incident: 2008-00015873 Incident Date/Time: 12/23/2008 2:04:07 AM Incident Type: SPV-Suspicious Person/Veh/Circ Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-6516 Source: 911 Report Required: No Priority: 2 Prior Hazards: No Status: In Progress LE Case Number: Nature of Call: SUBJ SITTING UNDER TREE IN YARD ON S/E CORNER Unit/Personnel Unit Personnel P445 0339-Morse P457 9763-Stamon Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Elliott,David (W0)457-66'1 6 Address: 203 W 12TH ST PORT ANGELES 85 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 2 Property Date Code Type Make Model Description Tag No. Item No. Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#200800015873 WA00501 00 Created 2008/12/23 By RBELL --259 Last Changed 2008/12/23 By RBELL --259 Information on the units assigned to the call follows. Unit#: P445 Radio#: Ofcr 1: 0339 Ofcr 2: DSP: 12/23/08 02:08 ARV: 12/23/08 02:10 CLR: 12/23/08 02:14 Unit#: P457 Radio#: Ofcr 1: 9763 Ofcr 2: DSP: 12/23/08 02:08 ARV: 12/23/08 02:12 CLR: 12/23/08 02:14 P445 MADE CONTACT WITH RP RBELL 2:13:49 NO ONE SEEN IN YARDS RBELL 2:13:57 HBO RBELL 2:13:58 Page: 1 of 2 Incident Report )VA Print Date/Time: 08/06/2010 14:05 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 CAD Narrative AS400 NARRATIVE FOR Incident#200800015873 WA00501 00 Created 2008/12/23 By LREIDEL --259 Last Changed 2008/12/23 By LREIDEL --259 LINK DESC RP YELLED AT HIM, BUT HE WOULD NOT RESPOND Page:2 of 2 Incident Report t .1-4 Print Date/Time: 08/06/2010 14:05 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 Incident: 2008-00016238 Incident Date/Time: 12/31/2008 5:35:47 PM Incident Type: WPD-Weapon Discharged Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-6516 Source: 911 Report Required: No Priority: 3 Prior Hazards: No Status: In Progress LE Case Number: Nature of Call: RP HEARD GUN SHOT APPROX 1/2 BLOCK TO EAST Unit/Personnel Unit Personnel P280 2150-Knight P456 5321-Nutter Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Elliott,David (360)457-6516 Address: Port Angeles 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 2 Property Date Code Type Make Model Description Tag No. Item No. Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#200800016238 WA00501 00 Created 2008/12/31 By KBARBER --259 Last Changed 2008/12/31 By KBARBER --259 Information on the units assigned to the call follows. Unit#: P280 Radio#: Ofcr 1: 2150 Ofcr 2: DSP: 12/31/08 17:36 ARV: 12/31/08 17:39 CLR: 12/31/08 17:41 Unit#: P456 Radio#: Ofcr 1: 5321 Ofcr 2: DSP: 12/31/08 17:37 ARV: CLR: 12/31/08 17:41 NOTHING SEEN OR HEARD CLEAR KBARBER 17:41:06 Page: 1 of 2 Incident Report %N"A Print Date/Time: 08/06/2010 14:05 Port Angeles Police Department Login ID: Ireidel ORI Number: WA0050100 CAD System Narrative AS400 NARRATIVE FOR INCIDENT#200800016238 WA00501 00 Created 2008/12/31 By KBARBER --259 Last Changed 2008/12/31 By KBARBER --259 DHOMAN CHANGED PRIORITY FROMA 17:35:51 CAD Narrative AS400 NARRATIVE FOR Incident#200800016238 WA00501 00 Created 2009/01/02 By LREIDEL --259 Last Changed 2009/01/02 By LREIDEL --259 RESD: RP HEARD A DIESEL TRUCK, BUT SAYS IT WASN'T IN THE AREA OF THE SHOT. RP DIDN'T HEAR ANY SOUND OF COMMOTION Page:2 of 2 Incident Report NVA Print Date/Time: 08/06/2010 14:06 Port Angeles Police Department Login ID: Ireidel OR[ Number: WA00501 00 Incident: 2009-00004536 Incident Date/Time: 4/19/2009 7:40:19 AM Incident Type: HUP-Abandoned 911 Call Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-0157 Source: 911 Report Required: No Priority: 1 Prior Hazards: No Status: In Progress LE Case Number: Nature of Call: MALE CALLED 911 TO ASK WHAT DAY IT WAS TODAY Unit/Personnel Unit Personnel P450 0028-Rife P458 0416-Sexton Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Address: Hutcherson,John (360)457-0157 Port Angeles 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 2 Property Date Code Type Make Model Description Tag No. Item No. Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#200900004536 WA00501 00 Created 2009/04/19 By TRIFE --259 Last Changed 2009/04/19 By TRIFE --259 Information on the units assigned to the call follows. Unit#: P458 Radio#: Ofcr 1: 0416 Ofcr 2: DSP: 04/19/09 07:40 ARV: 04/19/09 07:41 CLR: 04/19/09 07:51 Unit#: P450 Radio#: Ofcr 1: 0028 Ofcr 2: DSP: 04/19/09 07:49 ARV: 04/19/09 07:51 CLR: 04/19/09 07:51 HBO TRIFE 7:51:28 Page: 1 of 2 Incident Report WA, Print Date/Time: 08/06/2010 14:06 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 CAD Narrative AS400 NARRATIVE FOR Incident#200900004536 WA00501 00 Created 2009/04/19 By TRIFE --259 Last Changed 2009/04/19 By TRIFE --259 I TOLD HIM SUNDAY AND HE HUNG UP Page:2 of 2 Incident Report WA Print Date/Time: 08/06/2010 14:07 Port Angeles Police Departmerit Login ID: Ireidel ORI Number: WA00501 00 Incident: 2009-00008191 Incident Date/Time: 7/8/2009 10:21:03 PM Incident Type: DIS-Disturbance Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-0157 Source: 911 Report Required: No Priority: 1 Prior Hazards: Yes Status: In Progress LE Case Number: 2009-00008191 Nature of Call: ANOTHER TENNANT TEARING UP KITCHEN Unit/Personnel Unit Personnel P281 1421-Winfield P445 0339-Morse Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Hutcherson,John (360)457-0157 Address: 203 W 12TH ST PORT ANGELES 85 98362 Arrested Subject Kavanagh,Brian m Address: Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 2 Property Date Code Type Make Model Description Tag No. Item No. CAD Narrative AS400 NARRATIVE FOR Incident#200900008191 WA00501 00 Created 2009/07/09 By VMORGAN --259 Last Changed 2009/07/09 By VMORGAN --259 RESD: NOT IN PROGRESS, BROKE KITCHEN SINK UNK EXACT TIME FRAME BRIAN KAVANAUGH NOW MARCHING BACK/FORTH IN KITCHEN Page: 1 of 2 Incident Report NVA Print DatelTime: 08/06/2010 14:07 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#200900008191 WA00501 00 Created 2009/07/08 By TVANSICK --259 Last Changed 2009/07/12 By RBELL --259 Information on the units assigned to the call follows. Unit: P445 Radio: Ofcr 1: 0339 Ofcr 2: DSP: ARV: 07/08/09 22:25 CLR: 07/08/09 22:51 Unit: P281 Radio: Ofcr 1: 1421 Ofcr 2: DSP: ARV: 07/08/09 22:28 CLR: 07/08/09 22:37 Unit: P429 Radio: Ofcr 1: 1103 Ofcr2: DSP: ARV: 07/08/09 22:30 CLR: 07/08/09 22:41 BEHAVIOR HAS CALMED DOWN SOME, RIP WAS TOLD TO MRIFE 22:21:19 CALL 911 IF HE DOES ANYTHING LIKE THIS AGAIN MRIFE 22:21:25 P218 ADVISED TVANSICK 22:22:52 SECOND STREET HOUSE ADVISED TVANSICK 22:27:35 State/NCIC Request: Number: 0002685 Type: RD 07/08/2009 22:27:49 ONE IN CUSTODY TVANSICK 22:34:03 UNIT: P445 ER 56 22:39:09 UNIT: P445 56 22:41:33 07/12 P454 CITED AND RELEASED BRIAN KAVANAGH 08/15/75 ON MMI 111 672 Page:2 of 2 AJA V Incident Report Print Date/Time: 08/06/2010 14:07 Port Angeles Police Department Login ID: Ireidel OR[Number: WA00501 00 Incident: 2009-00009875 Incident Date/Time: 8/13/2009 8:24:08 PM Incident Type: ATC-Attempt to Contact/Locate Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-0157 Source: 911 Report Required: No Priority: 3 Prior Hazards: No Status: In Progress LE Case Number: Nature of Call: SAYS SPIRITS ARE ATTACKING HIM Unit/Personnel Unit Personnel P218 8677-Peninger P458 0416-Sexton Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Treibal,Peter (360)�57-0157. Address: Port Angeles 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 2 Property Date Code Type Make Model Description Tag No. Item No. Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#200900009875 WA00501 00 Created 2009/08/13 By RBELL --259 Last Changed 2009/08/13 By RBELL --259 Information on the units assigned to the call follows. Unit: P458 Radio: Ofcr 1: 0416 Ofcr 2: DSP: 08/13/09 20:24 ARV: 08/13/09 20:31 CLR: 08/13/09 20:46 Unit: P218 Radio: Ofcr 1: 8677 Ofcr 2: DSP: ARV: 08/13/09 20:31 CLR: 08/13/09 20:46 HBO RBELL 20:45:58 Page: I of 2 :�""g )IJ Incident Report WA Print Date/Time: 08/06/2010 14:07 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 CAD System Narrative AS400 NARRATIVE FOR INCIDENT#200900009875 WA00501 00 Created 2009/08/13 By RBELL --259 Last Changed 2009/08/13 By RBELL --259 State/NCIC Request: Number: 0003469 Type: RD 08/13/2009 20:26:06 RBELL CHANGED CALL NAME FROM TRIBAL,PETER,, 20:27:06 RBELL CHANGED ADDITIONAL INFORMATION FROM 20:27:06 WANTS TO TALK TO OFFICER ABOUT SPIRITUAL WORLD CAD Narrative AS400 NARRATIVE FOR Incident#200900009875 WA00501 00 Created 2009/08/13 By RCRABB --259 Last Changed 2009/08/13 By RCRABB --259 WANTS TO TALK TO OFFICER ABOUT SPIRITUAL WORLD, HAS BEEN GOING ON FOR PAST COUPLE OF DAYS Page:2 of 2 Incident Report WA Print Date/Time: 08/06/2010 14:08 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 Incident: 2009-00010013 Incident DatefTime: 8/17/2009 12:10:36 PM Incident Type: HUP-Abandoned 911 Call Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-0157 Source: 911 Report Required: No Priority: I Prior Hazards: No Status: In Progress LE Case Number: Nature of Call: 911 FAST BUSY VM ON CALL Unit/Personnel Unit Personnel P276 4428-Miller P444 4687-Arand Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Address: Hutcherson,John (360)457-0157 Port Angeles 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 2 Property Date Code Type Make Model Description Tag NO. Item No. Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#200900010013 WA00501 00 Created 2009/08/17 By BDUMAS Last Changed 2009/08/17 By BDUMAS Information on the units assigned to the call follows. Unit: P276 Radio: Ofcr 1: 4428 Ofcr 2: DSP: 08/17/09 12:12 ARV: : CLR: 08/17/09 12:19 Unit: P444 Radio: Ofcr 1: 4687 Ofcr 2: DSP: 08/17/09 12:14 ARV: 08/17/09 12:14 CLR: 08/17/09 12:19 P444 TALKED TO MAINT WORKER & WAS TRYING TO BDUMAS 12:16:11 REACH A CASE WORKER BDUMAS 12:16:20 HE GOT SOME SORT OF CLEANER IN HIS EYE. BDUMAS 12:16:57 P444 SPOKE W/SUBJ WHO SAYS HE IS GOING TO WALK BDUMAS 12:19:18 TO DR'S OFFICE ON 8TH ST. BDUMAS 12:19:24 CLEAR HBO BDUMAS 12:19:27 Page: 1 of 2 Incident Report Print Date/Time: 08/06/2010 14:08 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 CAD Narrative AS400 NARRATIVE FOR Incident#200900010013 WA00501 00 Created 2009/08/18 By RCRABB --259 Last Changed 2009/08/18 By RCRABB ' --259 RESID: Page:2 of 2 A W" )IJ Incident Report Print DatelTime: 08/06/2010 14:08 Port Angeles Police D epartment Login ID: Ireidel ORI Number: WA00501 00 Incident: 2009-00010612 Incident DatelTime: 8/28/2009 1:21:39 PM Incident Type: CMA-Citizen/Motorist Assist - Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-0157 Source: Telephone Report Required: No Priority: 3 Prior Hazards: No Status: In Progress LE Case Number: Nature of Call: QUESTIONS ABOUT 17 YOA DTR DATING OLDER MALE. Unit/Personnel Unit Personnel P454 5192-Powless Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Address: Wharton,Wes (360)457-0157 Port Angeles 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 1 Property Date Code Type Make Model Description Tag No. Item No. Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#200900010612 WA00501 00 Created 2009/08/28 By MSHEATS --259 Last Changed 2009/08/28 By MSHEATS --259 Information on the units assigned to the call follows. Unit: P454 Radio: Ofcr 1: 5192 Ofcr 2: DSP: 08128/09 13:27 ARV: : CLR: 08/28/09 13:52 CLEAR HBO. MSHEATS 13:42:08 CAD,System Narrative AS400 NARRATIVE FOR INCIDENT#200900010612 WA00501 00 Created 2009/08/28 By MSHEATS --259 Last Changed 2009/08/28 By MSHEATS --259 UNIT#,. P454 Re-Routed at 13:30:06 on 08/28/09 to 2009-00010613. Page: 1 of 2 Incident Report Print Date/Time: 08/06/2010 14:08 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 CAD Narrative AS400 NARRATIVE FOR Incident#200900010612 WA00501 00 Created 2009/08/28 By MSHEATS --259 Last Changed 2009/08/28 By MSHEATS --259 18 YOA MALE. WANTS TO KNOW IF ITS LEGAL REQ CALL Page:2 of 2 W1,A�N�GV,, Incident Report WA Print DatelTime: 08/06/2010 14:09 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 Incident: 2009-00010994 Incident Date/Time: 9/5/2009 6:18:47 AM Incident Type: WRA-Warrant Arrest Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-0157 Source: 911 Report Required: No Priority: 1 Prior Hazards: No Status: In Progress LE Case Number: Nature of Call: SOME GUY SLEEPING IN RP'S BASEMENT Unit/Personnel Unit Personnel P220 6971-McFall P434 7781-Brusseau Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Hutcherson,John (360)457-0157 Address:, Port Angeles 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 4 Property Date Code Type Make Model Description Tag No. Item No. Page: 1 of 2 14 Incident Report WA Print Date/Time: 08/06/2010 14:09 Port Angeles Police Departme nt Login ID: Ireidel ORI Number: WA0050100 Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#200900010994 WA00501 00 Created 2009/09/05 By CJOHNSON --259 Last Changed 2009/09/05 By CJOHNSON --259 Information on the units assigned to the call follows. Unit: P434 Radio: Ofcr 1: 7781 Ofor 2: DSP: 09/05/09 06:19 ARV: 09/05/09 06:23 CLR: 09/05/09 06:51 Unit: P220 Radio: Ofcr 1: 6971 Ofcr 2: DSP: 09/05/09 06:22 ARV: 09/05/09 06:23 CLR: 09/05/09 06:51 Unit: P456 Radio: Ofcr 1: 5321 Ofcr 2: DSP: ARV: 09/05/09 06:23 CLR: 09/05/09 07:04 Unit: P457 Radio: Ofcr 1: 9763 Ofcr 2: DSP: 09/05/09 06:24 ARV: 09/05/09 06:24 CLR: 09/05/09 06:59 P434 OUT W/ONE IN THE BASEMENT MRIFE 6:24:17 State/NCIC Request: Number: 0006600 Type: RD 09/05/2009 06:27:15 State/NCIC Request: Number: 0006602 Type: TM 09/05/2009 06:35:27 UNIT: P456 ENR JIAL 6:50:30 UNIT: P456 ENR JAIL 6:50:36 UNIT: P457 ENR SOS SHELTER 6:51' :08 W/EARLL'S BELONGINGS CJOHNSON 6:51:54 TRESPASS UNFOUNDED; WARRANT ARREST ONLY CJOHNSON 6:53:51 INCARCERATED CJOHNSON 7:04:23 CAD System Narrative AS400 NARRATIVE FOR INCIDENT#200900010994 WA00501 00 Created 2009/09/05 By CJOHNSON --259 Last Changed 2009/09/05 By CJOHNSON --259 VGERMAN CHANGED ADDITIONAL INFORMATION FROM 6:20:43 BACK DOOR WAS WIDE OPEN/W/M 510 WITH PACK CJOHNSON CHANGED INCIDENT TYPE FROM TRS P 7:01:52 CAD Narrative AS400 NARRATIVE FOR Incident#200900010994 WA00501 00 Created 2009/09/06 By RCRABB --259 Last Changed 2009/09/06 By RCRABB --259 BACK DOOR WAS WIDE OPEN/W/M 510 WITH PACK/DOOR UNABLE TO OPEN FROM THE OUTSIDE Page:2 of 2 Incident Report Print Date/Time: 08/06/2010 14:09 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 60 Incident: 2009-00011014 Incident DatelTime: 9/5/2009 2:47:02 PM Incident Type: MMI-Malicious Mischief Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-0157 Source: 911 Report Required: No Priority: 4 Prior Hazards: No Status: In Progress LE Case Number: Nature of Call: MAL MISC TO PERSONAL BELONGINGS Unit/Personnel Unit Personnel P458 0416-Sexton Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Tribal,Peter (360)457-0157 Address: 203 W 12TH ST PORT ANGELES 85 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 1 Property Date Code Type Make Model Description Tag No. Item No. Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#200900011014 WA00501 00 Created 2009/09/05 By TVANSICK --259 Last Changed 2009/09/05 By TVANSICK --259 Information on the units assigned to the call follows. Unit: P458 Radio: Ofcr 1: 0416 Ofcr 2: DSP: 09/05/09 15:14 ARV: 09/05/09 15:29 CLR: 09/05/09 15:35 CLEAR HBO TVANSICK 15:35:14 Page: 1 of 2 Incident Report I;mr" WA Print Date/Time: 08/06/2010 14:09 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 CAD Narrative AS400 NARRATIVE FOR Incident#200900011014 WA00501 00 Created 2009/09/06 By RCRABB --259 Last Changed 2009/09/06 By RCRABB --259 SAY SOMEONE IN THE RESIDENCE IS VANDAILISING HIS STUFF/IS NOT SURE WHO IS DOING IT/THINKS IT IS ANOTHER RESIDENT/ Page:2 of 2 Incident Report WA Print Date/Time: 08/06/2010 14:10 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 Incident: 2009-00014005 Incident Date/Time: 11/15/2009 3:37:52 AM Incident Type: DIS-Disturbance Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-0157 Source: 911 Report Required: No Priority: 1 Prior Hazards: Yes Status: In Progress LE Case Number: Nature of Call: CALLER FIGHTING WITH ROOMMATE Unit/Personnel Unit Personnel P447 2891-Dropp P458 0416-Sexton Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Tribel,Peter (3PO)457-0157 Address: 203 W 12TH ST ...... PORT ANGELES 85 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 2 Property Date Code Type Make Model Description Tag No. Item No. Page: 1 of 2 Incident Report NVA Print Date/Time: 08/06/2010 14:10 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#200900014005 WA00501 00 Created 2009/11/15 By CJOHNSON --259 Last Changed 2009/11/15 By CJOHNSON --259 Information on the units assigned to the call follows. Unit: P447 Radio: Ofcr 1: 2891 Ofcr 2: DSP: 11/15/09 03:39 ARV: 11/15/09 03:44 CLR: 11/15/09 03:51 Unit: P458 Radio: Ofcr 1: 0416 Ofcr 2: DSP: 11/15/09 03:39 ARV: 11/15/09 03:44 CLR: 11/15/09 03:51 CALLER SAYS WARDEN HAS HIT HIM IN THE HEAD IN CJOHNSON 3:38:05 SPIRIT FORM CJOHNSON 3:38:09 State/NCIC Request: Number: 0002361 Type: RD 11/15/2009 03:40:58 ROOMMATE MAY BE WESLEY WHARTON; ADIR HISTORY CJOHNSON 3:43:34 SHOWS HIM AT THIS ADDRESS CJOHNSON 3:43:38 P458 SPOKE W/CALLER, IS HAVING NORMAL ISSUES OF CJOHNSON 3:51:29 HEARING THINGS INSIDE HIS HEAD, REFERRED HIM TO CJOHNSON 3:51:36 A COUNSELOR IN THE MORNING CJOHNSON 3:51:42 HBO CJOHNSON 3:51:43 CAD Narrative AS400 NARRATIVE FOR Incident#200900014005 WA00501 00 Created 2009/11/16 By RCRABB --259 Last Changed 2009/11/16 By RCRABB --259 RESID: LESLIE WARDEN IS ROOMMATE; PHYSICAL FIGHT. NOW IN BEDROOM. FIGHTING EACH OTHER IN SPIRIT. JOHN HUTCHERSON AND MIKE MARTIN THERE Page:2 of 2 Incident Report WA" ' PrintDate/Time: 08/06/201014:10 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 Incident: 2009-00014324 Incident Date/Time: 11/21/2009 1:54:40 PM Incident Type: IFM-Information-Misc(Other) Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-0157 Source: Telephone Report Required: No Priority: 5 Prior Hazards: No Status: In Progress LE Case Number: Nature of Call: REQUEST FOR FIREARM LAW INFORMATION Unit/Personnel Unit Personnel P457 9763-Stamon Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Address: Wharton,Wesley (360)457-0157 Port Angeles 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 1 Property Date Code Type Make Model Description Tag No. Item No. Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#200900014324 WA00501 00 Created 2009/11/21 By SFREY --259 Last Changed 2009/11/21 By SFREY --259 Information on the units assigned to the call follows. Unit: P457 Radio: Ofcr 1: 9763 Ofcr 2: DSP: 11/21/09 13:58 ARV: : CLR: 11/21/09 14:05 HBO SFREY 14:05:37 Page: 1 of 2 Incident Report WA Print Date/Time: 08/06/2010 14:10 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 CAD Narrative AS400 NARRATIVE FOR Incident#200900014324 WA00501 00 Created 2009/11/21 By SFREY --259 Last Changed 2009/11/21 By SFREY --259 RP WOULD LIKE INFORMATION ABOUT FIREARM OWNERSHIP AND POSSESSION **REQ CALL" Page:2 of 2 Incident Report NVA Print Date/Time: 08/06/2010 14:11 Port Angeles Police Departme S nt Login ID: Ireidel ORI Number: WA00501 00 Incident: 2010-00000607 Incident Date/Time: 1/15/2010 11:02:17 PM Incident Type: MEN-Mental Person- Commitment Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-0157 Source: 911 Report Required: No Priority: 3 Prior Hazards: Yes Status: In Progress LE Case Number: Nature of Call: SOMEONE IS LYING REGARDING BIRTH CERTIFICATE Unit/Personnel Unit Personnel P452 4355-Heueft Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party Address: Treibel,Peter (360)457-0157 Port Angeles 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 1 Property Date Code Type Make Model Description Tag No. Item No. Dispatch Narrative AS400 NARRATIVE FOR INCIDENT#201000000607 WA00501 00 Created 2010/01/15 By SFREY Last Changed 2010/01/15 By SFREY Information on the units assigned to the call follows. Unit: P452 Radio: Ofcr 1: 4355 Ofcr 2: DSP: 01/15/1023:07 ARV: : CLR: 01/15/10 23:16 (THIS IS A GROUP HOME/MENTAL HEALTH CENTER OWNED KROEDELL 23:05:21 BY PENINSULA COMMUNITY MENTAL HEALTH PER KROEDELL 23:05:33 BUSINESS FILE) KROEDELL 23:05:34 HBO SFREY 23:16:04 Page: 1 of 2 Incident Report WA Print Date/Time: 08/06/2010 14:11 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 CAD System Narrative AS400 NARRATIVE FOR INCIDENT#201000000607 WA00501 00 Created 2010/01/15 By SFREY --259 Last Changed 2010/01/15 By SFREY --259 KROEDELL CHANGED PRIORITY FROM 1 23:02:39 CAD Narrative AS400 NARRATIVE FOR Incident#201000000607 - WA0050100 Created 2010/01/15 By SFREY --259 Last Changed 2010/01/15 By SFREY --259 RESID: RP WANTED CONNECTION TO STATE TROOPER FOR INFO TO BE GIVEN TO OLYMPIA. (NP)HUTCHERSON,JOHN 911 DISPLAY- Page:2 of 2 Incident Report �A Print Date/Time: 08/06/2010 14:12 Port Angeles Police Department. Login ID: Ireidel ORI Number: WA00501 00 Incident: 2010-00002025 Incident Date/Time: 2/9/2010 5:38:53 PM Incident Type: DIS-Disturbance Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: Source: Telephone Report Required: No Priority: 2 Prior Hazards: No Status: In Progress LE Case Number: Nature of Call: Unit/Personnel Unit Personnel P282 2964-Ensor P447 2891-Dropp Person(s) Role Seq.# .Name Race Sex DOB Phone Individual MCGRATH,PATRICK MICHAEL White Male 07/31/1959 (360)457-3703 Address: 516 E 8TH ST PORT ANGELES 98362 Individual TREIBEL,PETER Address: Reporting party PMH (360)681-4224 Address: <UNKNOWN> Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 1 Property Date Code Type Make Model Description Tag No.I Item No. CAD Narrative 02/09/2010 17:39:10 Marilyn Sheats Narrative: 2ND HAND INFO OF MALE AT ABOVE YELLING/SCREAMING/CUSSING, 02/09/2010 17:39:43 Marilyn Sheats Narrative: RP/DAWN SAIZ FROM PMH. SAID THIS IS ONE OF THEIR HOUSES. POSS MALE IS PATRICK MCGRATH?AND POSS UNDER INFLUENCE. 02/09/2010 17:40:33 Marilyn Sheats Narrative: NBR/NAOMI 452-6063 CALLED RP &TOLD HER. RP NOT IN THE AREA. 02/09/2010 17:43:27 Marilyn Sheats Narrative: CALLED NAOMI BACK, LINK IF THE MALE STILL YELLING, DOESN'T WANT TO GO OVER THERE. SAID THE MALE YELLING WAS INSIDE THE RES. 02/09/2010 17:45:35 Debbie Homan Narrative: P447 ADVSD THEY ARE MAKING CONTACT 02/09/2010 17:49:19 Debbie Homan Narrative: PETER TREIBEL IS THE ONLY ONE THERE HE SAYS 02/09/2010 17:54:36 Debbie Homan Narrative: P447 ADVSD UNITS ARE CLEAR, NO ONE IS REPORTING ANY TYPE OF A PROBLEM Page: 1 of 1 Incident Report WA- Print Date/Time: 08/06/2010 14:13 Port Angeles Police Department Login ID: Ireidel ORI Number: WA0050100 Incident: 2010-00002512 Incident DatelTime: 2/18/2010 10:03:08 AM Incident Type: MEN-Mental Person- Commitment Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)477-8689 Source: Telephone Report Required: No Priority: 1 Prior Hazards: No Status: In Progress LE Case Number: Nature of Call: Unit/Personnel Unit Personnel P429 11 03-Wood P450 0028-Rife P458 0416-Sexton Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party SAIZ,DAWN Address: <UNKNOWN> Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count UTL 1 Property Date Code Type Make Model Descri ption Tag No. Item No. CAD Narrative 02/18/2010.10:03:47 Rick Crabb Narrative: CLIENT IS OFF MEDS, LEFT ON FOOT 02/18/2010 10:04:43 Rick Crabb Narrative: PETER TEIBEL, 04-29-1976,. 508, SKINNY, LONG DARK CAPE, WITH HOOD POSS WEARING A TURBAN AND BEARD 02/18/2010 10:05:35 Rick Crabb Narrative: LAST SEEN WB ON 12TH 02/18/2010 10:05:49 Rick Crabb Narrative: MHP TRISH 457-0431 02/18/2010 10:07:05 Rick Crabb Narrative: SUBJECT HAS PAST SUICIDE ATTEMPTS, MIGHT JUMP OFF THE PIER' 02/18/2010 10:21:42 Rick Crabb Narrative: INFO ONLY 02/18/2010 10:21:44 Rick Crabb Narrative: HBO 02/18/2010 10:22:03 Rick Crabb Narrative: ** DISP FOR WRONG CFS 02/18/2010 10:44:20 Rick Crabb Narrative: CHECKED AREA,UT 02/18/2010 10:44:23 Rick Crabb Narrative: UTL UTL Page: 1 of 1 Incident Report Print DatelTime: 08/06/2010 14:13 Port Angeles Police Department Login ID: Ireidel ORI Number: WA0050100 Incident: 2010-00002578 Incident DatelTime: 2/19/2010 9:00:07 AM Incident Type: ODP-Overdue Person Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: Source: Telephone Report Required: No Priority: 4 Prior Hazards: No Status: Routine LE Case Number: 2010-00002578 Nature of Call: Unit/Personnel Unit Personnel P429 11 03-Wood Person(s) Role Seq.# Name Race Sex DOB Phone Overdue Person TREIBEL,PETER W 04/29/1976 Address: Reporting party SAIZ,DAWN White Female 11/12/1955 (360)452-3831 Address: 138 W 2ND ST PORT ANGELES 85 98362 Reporting party PENINSULA MENTAL HEALTH Address: Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count RPT 1 Property Date Code Type Make Model Description Tag No. Item No. CAD Narrative 02/19/2010 09:01:36 Cindy Johnson Narrative: CALLER IN PAPD LOBBY TO REPORT PSYCHOTIC SUICIDAL MALE OFF HIS MEDS MISSING SINCE YESTERDAY 02/19/2010 09:01:38 Cindy Johnson Narrative: PETER TRIBAL 02/19/2010 09:01:47 Cindy Johnson Narrative: OFFICERS WERE CALLED YESTERDAY WHEN HE RAN FROM RID 02/19/2010 09:01:49 Cindy Johnson Narrative: IS A CLIENT 02/19/2010 09:16:32 Todd VanSickle Narrative: CLEAR WITH MISSING PERSON RPT, P429 PREPARING DOCS FOR ENTRY TO WACIC/NCIC (2/23/2010 9:10:11 AM)SUBJECT LOCATED AT PARK& LAUREL. TRANSPORTED TO OMH FOR ITA. TOT PENINSULA MENTAL HEALTH. P444 WILL DO AN INFORMATIONAL REPORT WACIC/NCIC & MSP CLEARED BY 673 (Narrative added to cleared call.) Page: 1 of 1 Incident Report *AfA Print Date/Time: 08/06/2010 14:14 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 Incident: 2010-00006784 Incident Date/Time: 4/29/2010 11:12:57 PM Incident Type: DOM-Domestic Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-0157 Source: 911 Report Required: Yes Priority: 3 Prior Hazards: No Status: Routine LE Case Number: Nature of Call: Unit/Personnel Unit Personnel P434 7781-Brusseau P457 9763-Stamon Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party TREIBEL,PETER (360)457-0157 Address: 203 W 12TH ST PORT ANGELES 85 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO 1 Property Date Code Type Make Model Description Tag No. Item No. CAD Narrative 04/29/2010 23:12:57 Ryan Van Gordon Narrative: E911 Info-Class of Service: RESD Special Response Info: PSAP=PENC-PORT ANGELES PD PORT ANGELES FD- PORT ANGELES FD 04/29/2010 23:14:01 Ryan Van Gordon Narrative: peter at abv reporting mother hit him on head. SAID IT WAS BECAUSE SHE WAS MAD AT HIM. MOTHER/CATHERYN COSTAIN, HAS SINCE LEFT 10 MINS AGO. 04/29/2010 23:26:42 Todd VanSickle Narrative: CALLER THINKS IT HAPPENED TWO NIGHTS AGO; MOM LIVES IN PORT TOWNSEND;CALLER WILL CONTACT 04/29/2010 23:27:23 Todd VanSickle Narrative: CRISIS LINE IF HAS ANY FURTHER ISSUES;AND WILL TALK TO THE MENTAL HEALTH PEOPLE TOMMORROW Page: I of 1 Incident Report rA Print Date/Time: 08/06/2010 14:15 Port Angeles Police Department Login ID: Ireidel ORI Number: WA00501 00 Incident: 2010-00009128 Incident Date/Time: 6/8/2010 9:45:55 AM Incident Type: SPV-Suspicious Person/Veh/Circ Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: Source: Telephone Report Required: No Priority: 4 Prior Hazards: No Status: Routine LE Case Number: Nature of Call: Unit/Personnel Unit Personnel P453 5149-Maynard P460 1771-LeRoux P461 8917-Malone Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party KELLY,DEB (3�0)41�-2�6o Address: <UNKNOWN> Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count HBO Property Date Code Type Make Model Description Tag No. Item No. CAD Narrative 06/08/2010 09:48:16 Ryan Bell Narrative: DAVID ELLIOTT CALLED AND.LEFT A STRANGE MESSAGE ON HER ANSWERING MACHINE 06/08/2010 09:48:39 Ryan Bell Narrative: TALKING ABOUT CONSPIRACY AND BURNING THIINGS DOWN 06/08/2010 10:51:35 Ryan Bell Narrative: ATTEMPTED TO CALL, NO ANSWER Page: I of 1 Incident Report WA Print DatelTime: 08/06/2010 14:16 Port Angeles Police Department Login ID: Ireidel OR[ Number: WA00501 00 Incident: 2010-00011765 Incident Date/Time: 7/13/2010 9:41:00 PM Incident Type: MEN-Mental Person- Commitment Location: 203 W 12TH ST Venue: Port Angeles PORT ANGELES WA 98362 Phone Number: (360)457-0157 Source: 911 Report Required: Yes Priority: MED Prior Hazards: No Status: In Progress LE Case Number: 2010-00011765 Nature of Call: Unit/Personnel Unit Personnel P216 2469-Roggenbuck P441 6230-Dombrowski Person(s) Role Seq.# Name Race Sex DOB Phone Reporting party TREIBEL,PETER (360)457-0157 Address: 203 W 12TH ST PORT ANGELES 85 98362 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count RPT 1 Property Date Code Type Make Model Description Tag No. Item No. CAD Narrative 07/13/2010 21:41:21 Marilyn Sheats Narrative: E911 Info-Class of Service: RESD Special Response Info: PSAP=PENC-PORT ANGELES PD PORT ANGELES FD- PORT ANGELES FID 07/13/2010 21:42:11 Marilyn Sheats Narrative: RP SAID A SPIRIT IS TEMPTING RP TO COMMIT SUICIDE. RP HAS NO WEAPONS, KITCHEN KNIVES. 07/13/2010 21:42:51 Marilyn Sheats Narrative: 3 OTHER PEOPLE LIVE THERE. RP IN THE KITCHEN. HIT SELF. 07/13/2010 21:44:25 Marilyn Sheats Narrative: HAPPENED LAST NIGHT, TOO. DIDN'T CALL FOR HELP. 07/13/2010 21:45:57 Marilyn Sheats Narrative: TAKES MEDS FOR SCIZOPHRENIA. STILL IN THE KITCHEN. P441 REQ RP STEP OUTSIDE W/NOTHING IN HIS HANDS. 07/13/2010 21:47:29 Marilyn Sheats Narrative: CODE 4, 1 DETAINED FOR ITA. 07/13/2010 22:22:42 Marilyn Sheats Narrative: P441 CLEAR W/REPORT. Page: 1 of 1 EXEMPTION/REDACTION LOG Port Angeles Police Department Case No. 2009-08191 Requestor: Patrick Irwin WkyR i_. �E AM, Social Security number/Kavanaugh, Brian Case Report Officer Daniel Morse RCW 42.56.230 Michael; Wharton, Wesley William; Personal privacy Hutchison, John Thomas; Saiz, Donna Jean Supplemental Officer Daniel Morse Driver license number/Kavanaugh, Brian Case Report Officer Daniel Morse RCW 46.12.380 Michael; Wharton, Wesley William; Driver info exempt Hutchison, John Thomas; Saiz, Donna Jean Supplemental -Officer Daniel Morse Social Security number/Wharton, Wesley Statement Wesley Wharton RCW 42.56.230 W. Personal privacy Social.Security number/Hutchison, John Statement John Hutchison RCW 42.56.230 Personal privacy Driver license number/Hutchison, John Statement John Hutchison RCW 46.12.380 Driver info exempt Released by: Linda S. Reidel Asst. Public Records Officer Ireidel&cityof pa.us (360) 417-4912 Date: Exemption/Redaction Log Page I of I I L_ k Ira ? I i U L-17 eitri kz-14 11, [J Reli!:,se of In CASE NUMBER: 2009-8191 formation Authorized PORT ANGELES POLICE DEPARTMENT [I Complainant Requests No Pub EI-to-�fla-e-n-t-i-a-1----R,-e-1,e"ase Authorit-y- Ae__ ;12 Original [D SupplementaIE] Pagelofl quired Case Report REPORTED ON OCCURRED ON OR FROM OCCURREDTO Month Day Year Time Month Day Year lime Month Day Year Time 7 8 2009 2221 7 8 2009 2100 7 8 2009 2221 Offense 1-Literal RCW/NC1C/PAMC Code Counts Attempt/Comm;tted Malicious Mischief 31 RCW 9A.48.090[2902] 1 []A ZC Address/Location of Incident(include City). Lorationlype Entry Type Weapon/Tool/Force Used 203 W 12" St- Port Angeles, WA Group Home El Force El No Force Status Code: C-Complainant ARA-Arrest Adult P-Parent DV Related AJcohol Related El sus El Vic V-Victim ARJ-Arrest Juvenile R-Runaway Gang Related Drug Related El sus El Vic S-Suspect CIT-Cited Person M-Missing Person W-Witness 0-Other El Hate Crime Event Related El computer Related Sus Vic STATUS Name . . : KAVANAUGH,BRIAN,MICHAEL, Phone: 360-457-0157 Relationship to Victim/Suspect CIT Client Address. i 203 W 12TH ST Work : Type/Extent of Injuries Ct/St/Zp PORT ANGELES WA 98362 SS# - None Z Contains DOB 08/15/1975 Acle: 33 Race : WN Sex - M Hgt 603 Wgt 185 statement Z verbal [:]Taped Written new data DL# State: WA Hair : BRO Eyes : BLU Based on the attached information, I believe there is probable cause that this person committed the crime(s) listed below: Charge 1-RCWINCIC/PAMC Code Arrest Date Time: Location of Arrest Incarcerated Incarceration Location Charges Admitted 0 Same as Offense 1: Malicious Mischief 3' []Yes E No [JCCCF E]YC E]Other Z Yes E] No -SIATU§ Name . . WHARTON,WESLEY,WILLIAM, Phone: 360-457-0157 Relationship to Victim/Suspect WIT Client Address. - 203 W 12TH ST Work : Type/Extent of Injuries Ct/St/Zp PORT ANGELES WA 98362 SS# None Contains DOB 02/20/1973 Aqe: 36 Race � WN Sex : M Hgt : 507 Wgt : 150 Statement. 0 verbal new data DL# State: WA Hair : BRO Eyes : HAZ El Taped Written STATUS Name . . HUTCHISON,JOHN,THOMAS, Phone: 360-457-0157 Relationship to Victim/Suspect Client WIT Address. 203 W 12TH ST Work - Type/Extent of Injuries Ct/St/Zp : PORT ANGELES WA 98362 SS# : None 2 Contains DOB 12/04/1970 Aae: 38 Race : W Sex : M Hgt -. 507 Wgt : 125 Statement Z Verbal new data DL# State: Hair : BRO Eyes : GRN Taped Z Written §TqUS Name . . : PENINSULA MENTAL HTH... Vic Address. 118 F_ 8TH S1 Wo,k : 360-457-0434, El Contains Ct/St/Zp : PORT ANGELES WA 98362 new data STATUS- Name . . : SAIZ,DONNA,JEAN, Phone: 360-477-8689 Relationship to Victim/Suspect COM Address. 32 N SOLMAR DR Work 360-457-0,Aq1 Type/Extent of Injuries Ct/St/Zp : SEQUIM WA 98382 SS# None Contains DOB 11/12/1955 AnP- 53 Race : WN Sex : F Hgt� 410 Wgt - 190 Statement 0 verbal new data DL# State: WA Hair: BLN Eyes : BLU El Taped El Written Employer/School Address: 1h Allias/AKA Peninsula Community Mental Health 118 E 8 St-Port Angeles,WA 98362 Dawn Saiz PROPERTY 1.Stolen 2.Recovered 4.Lost 7.Damaged/Destroyed 9. Burned STATUS, (not placed in evidence) 1.STATUS Item Make ModeliCaliber: Serial Number. 7 Faucet Kitchen Description(if weapon include barrel length,finish,action) M15c Value Goose neck kitchen faucet bent $50 COMMENTS: On 7/8/09 at approximately 2225 hours, I arrived at the location of a disturbance located at 203 W 12" St. According to dispatch, a client was tearing up the kitchen. This address is a Peninsula Community Mental Health group home that does not have an on-site staff member. The suspect was reported to be Brian Kavanaugh. Upon arrival, I contacted Kavanaugh outside. I asked what was going on to which he replied "nothing". Corporal Winfield arrived and I asked Kavanaugh to wait outside with him. I contacted Wesley Wharton and John Hutchison inside. Both stated that Kavanaugh was listening to his headphones,walked over, grabbed the sink neck, and bent it over. Nothing else appeared to be damaged. I spoke with Dawn Saiz with PCMH. Saiz stated that she was unsure if PCMH wanted to pursue charges, but that she would contact her manager and notify me the next day. Dispatch advised that Kavanaugh had a warrant for his arrest. I took Kavanaugh into custody and mirandized him at 2236 hours. I asked Kavanaugh about the kitchen sink, to which he replied "It is a delicate faucet. I just put some weight on it and it bent over." I got a message from Saiz that stated that PCMH did want to pursue criminal charges against Kavanaugh. Based upon the facts and circumstances of this case, I have probable cause to believe that Brian Kavanaugh knowingly and maliciously caused physical damage to the property of PCMH. Case Status: Open Pending Arrest. I certify(or declare)under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Written and signed in Port Angeles,WA. COPY TO BY COPY TO BY, �, r COPY TO BY STATUS BY STATUS By Detectives Chief of Police AddliAgencies 0 Open 4 Closed Prosecutor Animal Control DSHS/CPS 1 Cleared by Arrest 7 Pending Pros/CA Review 2 6i;eptionally CI ared U3 I victim e city.Allb"Y 7 __Yqqh Center Patrol Insurance Other 3 Unfounded �S A p I# Date R.po%2,2�_.�an Is. Personnel# Date. _�isor pp i, 1 (2- c __ ___!o ====- 445 7il 212009 17 Release of Information Authorized PORT ANGELES POLICE DEPARTMENT CASE NUMBER:2009-8191 F-1 Complainant Requests No Pub I El Confidential-Release Authority Required Case Report Original 0 Supplemental X Page 1 of 1 REPORTED ON OCCURRED ON OR FROM OCCURREDTO Month Day Year Time Month Day Year Time Month Day Year Time 7 8 2009 2221 7 8 2009 2100 7 8 2009 2221 Offense I-Literal Fit CIC/PAMC Code: Counts AltempVCommitted Malicious Mischief 3' RCW 9A.48.090[2902] 1 E]A NC ocit: Address/Location of Incident(include City): L a ion type Entry Type Weapon/Tool/Force Used: 203 W 12 th St- Port Angeles, WA Group Home El Force D No Force Status Code: C-Complainant ARA-Arrest Adult P-Parent LJ DV Related LJ Alcohol Related 0 sus El Vic V-Victim ARJ-Arrest Juvenile R-Runaway Gang Related Drug Related El sus 1771 Vic S-Suspect CIT-Cited Person M_Missing Person 0-Other F computer Related Sus W-Witness . I Hate Crime Event Related F E3 11 Vic STATUS : KAV i!,,NAUGH,BRlAN,MICHAEL, Phone: 360-452-3831 Relationship to Viclim/Suspecl Name . . Client CIT Address. : 138 W 2ND ST Work : Type/Extent of Injuries Ct/St/Zp : PORT ANGELES WA 98362 SS# None Contains DOB : 08/15/1975 AQe: 33 Race : WN Sex : M Hgt : 603 Wgt : 185 Statement: 19 Verbal new data DL# State: WA Hair : BRO Eyes : BLU E]Taped El wnten Based on the attached information, I believe there is probable cause that this person committed the crime(s) listed below: Charge I-RCWiNCIC/PAMC Code� Arrest Date: Time: Location of Arrest Incarcerated Incarceration Location Charges Admitted 0 Same as 0 nse 1:Malicious Mischief 30 7/12109 1010 203 W 12"St D Yes N No [:]CCCF [:JYC []Other M Yes 1:1 No STATUS ARTON,WESLEY,WILLIAM, Phone: 360-457-0157 Relationship to VictirTVSuspect Name . . : WH Client WIT Address. : 203 W 12TH ST Work Type/Extent of Injuries Ct/St/Zp : PORT ANGELES WA 98362 SS# None Contains DOB : 02/20/1973 Aqe: 36 Race : WN Sex : M Hgt : 507 Wgt : 150 Statement: Z Verbal new data DL# State: WA Hair : BRO Eyes : HAZ El Taped N Written STATUS Name . . : HUTCHISON,JOHN,THOMAS, Phone: 360-457-0157 Relationship to Victim/Suspect Client WIT Address. : 203 W 12TH ST Work Type/Extent of Injuries Ct/St/Zp : PORT ANGELES WA 98362 SS# : None Contains DOB 12/04/1970 Anp- 38 Race : W Sex : M Hgt : 507 Wgt : 125 Statement: Eg Verbal new data DL# State: Hair : BRO Eyes : GRN El Taped Written STATUS Name . . : Pff-N—INSULA MENTAL HTH... Vic Address. : 118 E 8TH ST Work : 360-457-0431 F1 Contains Ct/St/Zp : PORT ANGELES WA 98362 new data Relationship to Victim/Suspect STATUS Name . . : SAIZ,DONNA,JEAN, Phone: 360-477-8689 COM Address. : 32 N SOLMAR DR Work : 360-457-0431 Type/Extent of Injuries Ct/St/Zp : SEQUIM WA 98382 SS# : None Z Contains DOB 11/12/1955 Ace: 53 Race : W N Sex : F Hgt : 410 Wgt : 190 Statement: N Verbal new data DL# State: WA Hair : BLN Eyes : BLU El Taped E]Wntlen Employer/School: Address: Alias/AKA Peninsula Community Mental Health 118 E 8"Sit-PortAngeles,WA98362 Dawn Saiz PROPERTY 1. Stolen 2. Recovered 4.Lost 7.Damaged/Destroyed 9, Burned STATUS (not placed in evidence) I.STATUS Item Make: Model/Caliber: Serial Number: 7 Faucet Kitchen Description(If weapon include barrel length,finish,action): Misc: Value� Goose neck kitchen faucet bent $50 COMMENTS: th On 7/8/09 at approximately 2225 hours, I arrived at the location of a disturbance located at 203 W 12 St. According to dispatch, a client was tearing up the kitchen. This address is a Peninsula Community Mental Health group home that does not have an on-site staff member. The suspect was reported to be Brian Kavanaugh. Upon arrival, I contacted Kavanaugh outside. I asked what was going on to which he replied "nothing". Corporal Winfield arrived and I asked Kavanaugh to wait outside with him. I contacted Wesley Wharton and John Hutchison inside. Both stated that Kavanaugh was listening to his headphones, walked over, grabbed the sink neck, and bent it over. Nothing else appeared to be damaged. I spoke with Dawn Saiz with PCMH. Saiz stated that she was unsure if PCMH wanted to pursue charges, but that she would contact her manager and notify me the next day. Dispatch advised that Kavanaugh had a warrant for his arrest. I took Kavanaugh into custody and mirandized him at 2236 hours. I asked Kavanaugh about the kitchen sink, to which he replied "It is a delicate faucet. I just put some weight on it and it bent over." I got a message from Saiz that stated that PCMH did want to pursue criminal charges against Kavanaugh. Based upon the facts and circumstances of this case, I have probable cause to believe that Brian Kavanaugh knowingly and maliciously caused physical damage to the property of PCMH. Case Status: Closed by Arrest. I certify dLe I re)under p�nalty of perjury under the laws of the Stat of Was�igtyoa that the foreg;ng is true and correct. Written and signed in Port Angeles,WA. py_�_ 2 C To B BY T By COPY TO BY SIAIUb BY STATUS f of police 0 Open 4 Closed etec ives Chi, Addill AQ�991�� ;"v Prosecutor Animal Control DSHS/CPS 1 Cleared by Arrest 7 Pending Pros/CA Review r City Attorney Victim Youth tenter 2 Exceptionally Cleared Patrol Insurance Other 3 Unfounded Supervisor Repo!!!g,�Dan�Morse Personnel Date� Supervisor Appr.vni;: Personnel# Date: —711 445 7/12/2009 INGIDEN7�y By: Date: L5 R)" 0( '�/ Distribution: El Release of Information Authorized A Detectives Q Complainant Requests No Pub Prosecutor El Confidential-Release Authority Required City Attorney Incident Type: Patrol .321 East 5th Street Classification(Office Use Only): Port Angeles,WA 98362 Administration Officer ID#: (360)452-4545 Animal Control IL-k OfL S(L I Other NAME(Statement by): Aodress, Apt# City: Stat ZIP Wesle� )L", W, /J- Lo r-1- '4 04, 01' T Business/Schooll Address: City: State: ZIP: Social Security J Heig�t. Weight: Date Of& h: Home Phone: Business Phone: 0/5--7 1'6s-1 Hair: Eyes- Driver's License#: ......vettll'4, ILO;17 13, (10 C A VA AM(J Q'� Cf�k— 71- 7�7 4Q 1047 (/7 I have read each page of this statement consisting of page(s). Each page bears my signature, and all corrections, if any, bear my initials. I certify (or declare) under penalty of perjury under the laws of the S ate of Washington that the entire statement is true and correct. S' nature* Date: Time 111, 7 t�S' �av PD-0612005 USE T�9SIDEONLY Page of , nc by PenPrint I N C I PTR6 M Distribution: By: Dar: , TL t .,91 LJ Release of Information Authorized Detectives El Complainant Requests No Pub Prosecutor Ll Confidential-Release Authority Required City Attorney Incident Type: 321 East 5th Street Patrol Classification(Office Use Only): Administration Port Angeles,WA 98362 Officer -7�4- (360)452-4545 Animal Control H 0(ZS(�� Other NAME(Statement by): Address: Apt.# City: State: ZIP: D'�i3 I Y[ LU4 f f 0(1 . — )qw Q9 -�t�at . ZIP: Business/Schoof: Address: Social Se curity#: Height: Weight: Date of Birth: Home Phone: Business Phone: 130 IQI�IZQ I�S-T-6K� 1 Hair: Eyes: Driver's License#: State: (14 V I V ug 'V r7 d<- tO ,e K ,M-�-k -�,i af 17 I have read each page of this statement consisting of page(s), Each page bears my signature, and all corrections, if any, bear my initials. I certify (or declare) under penalty of perjury under the laws of the State of Washington that the entire statement is true and correct. Signature: Date: Time: leril't; PM I Witness: PD-00005 USETHISSIDEONLY Pag� by PenPrint,Inc. Of Reporting Officer:Morse Picture Taker:Morse 2009-8191 IMG00143.jpg 07/08/2009 07/1212009 Unaltered Digital Pictures 2 ?M 6.W '0, 4 7-- ...1., �j dirt to S BER: ZbIJO - "Supple mental Page 1 of I 10WOR-"FROM 0�5� A -0CCAJRREDtTOti�;.1 Mo Da Year of IM Da Year Time Month Day Year -7 Tim '�'Jh I [S _? JDJ(:) 1 -7 izf a t��y 20to fUTIXI . I _ 2-130 D 5b El I am requesting the subject listed below placed in an Adult Protective Custody Hold (Alcohol/Drugs)pursuant to RCW 70.96A.120. The law states that Law Enforcement take those persons appearing incapacitated or gravely disabled by alcohol or other drugs into protective custody and to a treatment facility. Where there is no treatment facility available, then it is the Hospital Emergency Room. I am requesting the subject listed below held for a Mental Health Evaluation pursuant to RCW 71.05.153(2). The Involuntary Treatment Act(ITA)gives a Peace Officer the lawful authority to detain a mentally disordered person who is a danger to themselves or others and deliver them to the Hospital Emergency Room for treatment I have contacted the DMHP, name: -5�-A LL 3z- Time of DMHP Contact: -ZZo I have searched the individual for contraband and weapons. ER Staff provided with verbal confirmation for any police hold. Name of ER staff member notified: *qn(4kAQ Chargeable Offense(if any-complete separate case report) R WINCIC/PAMC Code: Counts I Attempt/Committed I Q A C Address/Location of incident(include City): Location type Entry Type WeaponrTooi/Force Used: - Port Angeles,WA 1 11 Force El No Force f;,ZTATUS t Last Name: First0ame: Middle Name: Alias: Address: City: stap: lit Teleph (h a) Telephone:(work) O�T ly ';Fm 0 is- 7-03 LZ -C 4 5T. V"q wft 07— Y-6 7. Race Hispan O.B. A ie, I Ht' Wt: Hair: I Eyes: Fac Hair to#&Type Social Security Number W� 13yic Sex 3 )e6-7 1 1170 `B Lul .ZTATUS:,; Last Name: First Name: Middle Name: Alias: ,'awl Address: City: State: Zip: Telephone:(home) Telephone:(work) Race I Hispanic D.O.B. Age: Ht: Wt: Hair: Eyes: to#&Type S.S.Number oy F7 Employer/School:, Address: veA ,Reas6h:for.!contaceE��,', u Attempt -Medid�l,Problem T i 'I'M k6i d J S icid.,6,1��E] El -C t �Vil b "I 'd' "A t Dep d 06hs ,p.,ye below 4� -lt-'M �P [D:,;Di Ur6a'n;c'e:',".1`.i" .,,rooe yl�'t amag Describe events and observations that suggest this person is a candidate for ITA or APC. Include how this person came to your attention, descriptions of the items checked above,and any prior related contacts known to you. CA, Spi�jt ke JA3 tkiV� k,M5-el w �ke '5CL t aVk& txAIkU-A Lootk ke_ d L-44, + '(S) K LL _4 7_ T �e m, 60A R -k L ..........- .............. ......... .................... ........... ....... ....................... ................. .......... ................ ............................... ......................... .............. ...... ........... ............. ........... Case status:Closed ,V,4Ncer(print Name): Duty Hours: Duty Phone: Department: ptego W l( 0 7AM-3PM 3PM-1 1 PM El I I PM-7AM 360-452-4545 Port Angeles Police Department I S�ft(or d%lare)underpenalty of perjury under the laws of the State of Washinton is true and correct. Written and signed in Port An geas,WA. 1 L D.0 'A DATE: Supervisor: I.D.# A 7i /-o A a 107 (3to Rev,3-07-2009 EXEMPTION/RED,ACTION LOG Port Angeles Police Department Case No. 2010-02578 Requestor: Patrick Irwin a, -N, Detail Call for Service Report, Page 4 of 4 2-19-10 1 PenCom received this NCIC Law enforcement info from WSP ACCESS 28 USC Section 534 system. use only Cleared Record entries—Missing Person 2-23-10 3 PenCom received this NCIC Law enforcement info from WSP ACCESS 28 USC Section 534 system. use only Initial entries—Missing Person 2-19-10 2 PenCom received this NCIC Law enforcement info from WSP ACCESS 28 USC Section 534 system. use only Initial inquiries, searches—Missing person 2-19-10 2 PenCom received this NCIC Law enforcement info from WSP ACCESS 28 USC Section 534 1 system. use only 9 v�: N Released by: Linda S. Reidel Asst. Public Records Officer Ireidel@cityofpa.us (360) 417-4912 Date: Exemption/Redaction Log Page I of I ENTERED FEB 2 3 2010 Port Ail 9' elis,Police Department. Runaway/Missing-Person Information Sh ePIGINAL WA I Q Received by:jqn_k CFS #: 2-blo- 2-576 Date: 02-1 _91i!� Reporting Party Infonnation Name: DOB: Relation*4ip- 11 ( 1 5_�_ 1 A 1.._Z— 0 L Address.- City: c—, ?-,j I Home#: —Work Cell/Aft .. 0 1 1 IPS-7 Y24 3 RunawayAftsing Person Infonnation Date&TIMe @0_/MPR. 3 F1 Disabled Involuntary ___[�EEndangered 0 Juvenile Disaster Vic Nam L DOB 76o Age: 33 SeX — Race: -,H Hair- Length: Eyes: AKA: 1,A) 91t_.8 IT3, 1 1 5�WZ;6 SMT: Meds: pFF W5 ftc_,jpjcA1/c)Ajs Glasses/Contacts: Braces: Plercings: I-PS, CO\S ShirtfBiouse: Pants/Slacks: Dr%M, ji CoatUacket: LJ�K 10o 7-609 Alcohol/Drug Dependency: ontal Hr5th Issues: &>Or -7%KIJ�(o 1-3-1 c, n,4) .Vehicle Info Color Year Make:' Model: Style: License: Additional-information: 0 Z_ 7 Continued on back Entr y Processing WACIC Entry Date: 772i tl-5 1 BY: I Audited 6E is Flag by- Faxed to: I V-Mail to: I Daterrime: 1 By: TTY sent to: By: Clear Processing Report canceled date: Time: By., Requestor WACIC cancel date: By: Aegis canceled by: Faxed to: V-Mail to: Other cancel info: Recovety Information 0 Returned home 0 Released to Parent/Gaurdian 0 Law Enforcement Custody 0 Hospitalized 0 Deceased 0 Protective Custody/CPS 0 Located–Not Returned 0 Booked 0 Other RW/MPR LAST NAME: TOFFICER: 000 '�6 L- L III&tJ741- 14eaL-44 CL/6^-) ft,402- (S P-&51 0(-';iixjCe .P-14W /I V C-CYXALY&P Yltl A600-( 14 ) S 6 C-1j.A\J 10 /10 P I,*- jo 7'5 -ft2&jf�6L P1 cJ40. -o P ffbtZ_ / 7/4 mHe �C- 6Y 1'10P :5//J(fe 02AB10. In signing this document I am certifying that I am the parent/guardian of the above-mentioned child and I am asking for assistance from law enforcement agencies to attempt to locate and pick up my child. ParentIGuardian Signature: Date:. Officer Signature: 4��_ Date: 6-5) 2- ( ,�- ILI Postkocate.Runawav Inter-view - A-I\-)O co.44ACT I-It4P cTAA) 5Uz_ (-s--7 - 6>,f 3 t I certiN under-penaltv of g)edury that the foreaoina is true and correct. Written and signed in Port Angeles,Washington. Rep�ng 7*r Personnel C Date: Supervising Officer: Personnel#: Date: 2(A I Z51 Detail Call For Service Report Print DatelTime: 02/23/2010 09:10 From Date: 02/19/2010 09:00 Login ID: rcrabb To Date: 02/19/2010 09:00 CFS Type: All From CFS: 4100 To CFS: 4100 Layer: All Agency Type: Associated Areas Area Type Code Description Quadrant PAFD-West Station Beat PAPD West District PAFD-West Police ORI WA0050100 EMS ORI 05MO3 Fire ORI 05MO3 Incident Number(s) Incident Number ORI Number Primary Unit Department Name Agency Type 2010-00002578 WA00501 00 Yes Port Angeles Police Department Police Unit(s) R di N' er unit Primary�Uni'& a io u4b Personnel P429 Yes P429 1103 Wood Page:2 of 4 Detail Call For Service Report PrintDate[Time: 02/23/201009:10 From Date: 02/19/2010 09:00 Login ID: rcrabb To Date: 02/19/2010 09:00 CFS Type: All From CFS: 4100 To CFS: 4100 Layer: All Agency Type: Call Log Log Date/Time Entered By Action Description 02/19/2010 09:00:07 Cindy Johnson Call Created New call created.Call Type:*New Call,Location: , Phone Number: ,Name: 02/19/2010 09:00:07 Cindy Johnson Person Added Name: 02/19/2010 09:00:14 Cindy Johnson Location Location:203 W 12TH ST,Venue: Port Angeles 02/19/2010 09:00:14 Cindy Johnson Reset Alarm Level Fire Alarm Level Reset EMS Alarm Level Reset 02/19/2010 09:00:18 Cindy Johnson Call Type NewCallType:OverduePerson, Status:Routine Call,Priority:4 02/19/2010 09:01:00 Cindy Johnson Person Updated Name:SAIZ,DAWN-Location:<UNKNOWN> 02/19/2010 09:01:36 Cindy Johnson Narrative Added CALLER IN PAPD LOBBY TO REPORT PSYCHOTIC SUICIDAL MALE OFF HIS MEDS MISSING SINCE YESTERDAY 02/19/2010 09:01:38 Cindy Johnson Narrative Added PETER TRIBAL 02/19/2010 09:01:47 Cindy Johnson Narrative Added OFFICERS WERE CALLED YESTERDAY WHEN HE RAN FROM RP 02/19/2010 09:01:49 Cindy Johnson Narrative Added IS A CLIENT 02/19/201.0 09:07:03 Todd VanSickle Incident Created Added Incident Number,ORI:INA00501 00, Number,2010-00002578 02/19/2010 09:07:03 Todd VanSickle Unit Status Action Unit P429 Dispatched 02/19/2010 09:09:15 Todd VanSickle Person Added Name:TRIBAL,PETER,, 02/19/2010 09:09:39 Todd VanSickle Person Updated Name:SAIZ,DAWN Location: 138 W 2ND ST,Contact Phone:(360)452- 3831 02/19/2010 09:09:51 Todd VanSickle Person Updated Name:SAIZ,DAWN Location: 138 W 2ND ST,Contact Phone:(360)452- 3831 02/19/2010 09:10:32 Todd VanSickle Person Updated Name:SAIZ,DAWNLocation:<UNKNOWN>,Venue: ,Contact Phone:(360) 452-3831 02/19/2010 09:10:51 Todd VanSickle Person Added Name:HEALTH,PENINSULAMENTAL, 02/19/2010 09:11:08 Todd VanSickle Person Updated Name:PENINSULA MENTAL HEALTH... 02/19/2010 09:16:32 Todd VanSickle Narrative Added CLEAR WITH MISSING PERSON RPT,P429 PREPARING DOCS FOR ENTRY TO WACIC/NCIC 02/19/2010 09:16:45 Todd VanSickle Call Updated Dispositions Changed 02/19/2010 09:16:45 Todd VanSickle Unit Status Action Unit P429 cleared from call 02/19/2010 09:16:45 Todd VanSickle Call Cleared 02/19/2010 09:58:14 Todd VanSickle Call Reactivated 02/19/2010 09:58:57 Todd VanSickle Person Updated Name:TREIBEL,PETER,W, 02/19/2010 09:59:32 Todd VanSickle Call Updated Dispositions Changed 02/19/2010 09:59:32 Todd VanSickle Call Cleared 02/23/2010 09:10:11 Rick Crabb Narrative Added SUBJECT LOCATED AT PARK&LAUREL. TRANSPORTED TO OMH FOR ITA. TOT PENINSULA MENTAL HEALTH. P444 WILL DO AN INFORMATIONAL REPORT WACIC/NCIC&MSP CLEARED BY673 (Narrative added to cleared call.) Unit Log Log DatetTime Entered By Unit Status Action Description Location 02/19/N 10 09:07:03 Todd VanSickle P429 Dispatched Unit Status 203 W Change 12TH ST, Port Angeles 02/19/2010 09:16:45 Todd VanSickle P429 Available Unit Cleared Unit cleared from call 02/19/2010 09:16:45 Todd VanSickle P429 Available Unit Status Change Page:3 of 4 Detail Call For Service Report Print Date/Time: 02/23/2010 09:10 From Date: 02/19/2010 09:00 Login ID: rcrabb To Date: 02/19/2010 09:00 CFS Type: All From CFS: 4100 To CFS: 4100 Layer: All Agency Type: Areas: All CFS Number: 4100 Call Date/Time: 02/19/2010 09:00:07 Location: 203 W 12TH ST PORT ANGELES,WA 98362,Port Angeles Dispatch Time: 02/19/2010 09:07:03 Additional Location Information: Arrive Time: Common Name: Clear Date/Time: 02/19/2010 09:59:32 Phone: Nature Of Call: Created By: Cindy Johnson Call Type: OverduePerson Report Required: No Canceled: No Status: Routine Priority: 4 Source: Telephone Police ORL WA00501 00 EMS ORL 051VI03 Fire ORL 051VI03 Person Information Name Person Address Phone Race Sex DOB Age SSN Type PENINSULA Reporting —"--�MENTAL party HEALTH SAIZ,DAWN Reporting 138 W 2ND ST PORT (360)452-3831 White Female 11/12/1955 54 party ANGELES, 98362,Port Angeles TREIBEL, Overdue 04/29/1976 33 PETER W Person Narrative, Questionnaire Responses,TDD Text Create Time Created By Narrative 02/19/2010 09:01:36 Cindy Johnson CALLER IN PAPID LOBBY TO REPORT PSYCHOTIC SUICIDAL MALE OFF HIS MEDS MISSING SINCE YESTERDAY 02/19/2010 09:01:38 Cindy Johnson PETER TRIBAL 02/19/2010 09:01:47 Cindy Johnson OFFICERS WERE CALLED YESTERDAY WHEN HE RAN FROM RP 02/19/2010 09:01:49 Cindy Johnson IS A CLIENT 02/19/2010 09:16:32 Todd VanSickle CLEAR WITH MISSING PERSON RPT,P429 PREPARING DOCS FOR ENTRY TO WACIC/NCIC 02/23/2010 09:10:11 Rick Crabb SUBJECT LOCATED AT PARK&LAUREL. TRANSPORTED TO OMH FOR ITA. TOT PENINSULA MENTAL HEALTH. P444 WILL DO AN INFORMATIONAL REPORT WACIC/NCIC&MSP CLEARED BY 673(Narrative added to cleared call.) Dispositions Disposition Disposition Count RPT 1 Page: 1 of 4 Conditional Use Permit-CUP 10-02 Page 13 August 25,2010 ATTACHMENT 641)" APPLICATION FICE USE ONLY FOB OF APPLICATioNFEEs ;7—Z Date Rec'd: CUP: $500&$350 (SEPA) File Number: /0 Total$850 7 GE OR"T LES strative CUP CITY 0 1" Received by:. $200 & $125 SEPA CONDIT1%,TA SE PERMIT Total:$325 A P P I GO G NN 10 N *1MPORTANT PLE,4S—P READ Only completed applications will be accepted,To be.considered complete,an application must include all of the following information: Rr A completed application signed by the applicant and the property owner(if different than the applicant). 2 A'completed SEPA Checklist signed by the applicant. 2' A vicinity map (showing the site in relation to surrounding properties) 2"" A site plan (accurately drawn at 1"=20' scale with complete dimensions showing all property lilies, existing and proposed structures and parking spaces, setbacks and significant vegetation). 2" Interior fl6or"p' la-as I for each floor. of&ay structure to be used for the proposed activity.� 19"� Exterior building elevations for each side of any building that will be constructed for the proposed use. Mading labels and list ofproperty owners within 300' of the proposed site. A list of thepropero, owners may be obtainedfrom the County Assessor's Office. Application fee. It i.s important to be accurate and complete'with the information regarding all aspects of your project. The Planning Commission's decision and staff recommendation will be based on the infon-nation contained in this application, and will be limited to th.e proposal as presented. Changes to your project front what is subinittedinay result in the delay ofyourproject's review. Certain proposals are decided admillistratively such (retail stand permits, home occupations, and bed and breakfast uses). These permits do not require a public hearing process. Please do not hesitate to ask if you have any questions regarding the permit process, time periods, aT restictionsofceitainapplicatioiis- CominunityDevelopment Department personnel maybe reached at 417-4750 between the hours of 8 a.m. and 5 p.m. Monday through Friday. NOTES.- (For your use) ECEHE A JUL Lulu- A_pp�IC VT/Q XNER INFORMATION: CITY OF PORT ANGELES Opot,of ciMnjy%y 4y Applicant: i0P-,j%9j.5 ,, gRaent Address: N, 1k "B6 Daytime,phone#: 3 r. o A+-,I' IE-X cc-,,T,VV_ Applicant's representative(if otherthan applicant): Address: -S 6 Daytimephone#: 340 5-64- a,5 V9 Property owner(if other than applicant): Address: Daytimcphone#: PROPERT 'INFORMATION: N cAR3 (..z Street address: *-A C,V� kQ q C-A cz s. Legal description: zonin-': Comprehensive Plan designation: Property dimcnsions:,gro Property area(total square feet): 6% 000 Physical characteristics(i.e.,flat,sloped,vacant,developed,--tc.): PRO OSE USE INFORALAXION: please describe the proposed conditional use: + W-0 Number of employees: Hours of op cration: IL"'- AQ. Number of on-site,parldng,spaces: Building, area (total squar e feet of floor area for the proposed activity): ���t4ej, '4.5-T IL C_-T 0 S1 IATLTRES: Applicant: Icertify that all ofthe above statenients are true and coniyZete*to the best ofni)�knowledge and acknowledg,e that wgfuZ n2isrepresentation of information will fenninate thisperniit application. I have read this application in or I plete the its entireo) and understand that ni)) subniittaZ will be reviewedfi con2pleteness. _ffound to be com a e next available Planning Conunission nieeting. Ifnot co7nplete, when requested pplication wiZZ be scheduledfor th inforMation has been received the appZication wdl be scheduledfor the next available n2eeting. Date Signature Owner(if other than applicant): pplicatiOn. I am the owner of the subject propertY identified herein and aPP7 ove of this a Signature Date For Staff Use Only: permit No; Appl. complete, Add. Info requested TITLE: Residence Aide STATUS: Compensated by Rental Subsidy RESPONSIBLE TO: Supervisor,Residential Services JOB SUMMARY: Reside in an Agency supported livig residence. Assist other residents and report to other residential staff to maintain safe,pleasant living conditions and facilitate positive residential outcomes. PRIMARY DUTIES AND RESPONSIBILITIES: 1. Reside full time 'in supported living house. 2. Be available by cell phone. 3. Communicate regularly with residential staff. 4. Support residents with upkeep of living space. 5. Assist with maintenance of grounds. 6. En courage compliance with house rules and expectations. RELATED DUTIES: 1. Consistently presents self and the Agency in a positive manner. 2. Maintains confidentiality of Agency and client information. 3. Performs other tasks as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES: 1. Ability to work cooperatively 'in a residential setting. 2. Ability to plan and prioritize work. I Effective oral communication skills. 4. Able to lift and carry a 35-pound load a distance of 50 feet. .5. Able to coordinate preparation of group meals. EDUCATION AND EXPERIENCE: Experience as a recipient of mental health services in a community mental health outpatient setting required. Peninsula Commun.ity Mental Health Center House Requirements It is our mission to help residents become active members of the community in accordance with their desires and dreams. Below is a list of-housing requirements that must be followed in order to remain in PCMHC agency housing. Each resident must stay on their prescribed medications. All agency houses are"Dry Houses". The consumption of alcohol or illegal drugs on the premises or allowing visitors to bring or use alcohol or illegal, substances is not allowed and may lead to immediate eviction. Each house has a "NO WEAPONS"policy on the property at any time, by anyone No altero/at'ions to the property are allowed without written permission. Residents will be required to pay for all damages made by themselves and or their guests. Visiting hours are between 8:00 a.m. and 9:00 p.m. No smoking, or any type of lit flame such as candles is allowed 'inside the homes. No pets/fish are allowed on the prenuises. Peninsula Community Mental Health Center(PCMHC) is applying for a conditional use permit for our house at 203 W. 12t" Street. The residence operates as a modified group home for 4-6 unrelated adult residents. All of the tenants are disabled and have diagnoses of Mental Illness. They have either limited or no contact with their families, few social supports and subsist on low,fixed, monthly incomes typically ranging from $339.00 to $637.00. In a state licensed group home, staff are required to be on the premises of the house on a 24/7 basis because the residents are incapable of much self-reliance. Although the 12 1h St. house residents benefit from structure and need some assistance with community integration and their activities of daily living, they-,function in healthy, constructive.ways with considerable independence. With periodic assistance, they manage.their finances, take medication on their own,purchase and prepare the food they eat, wash their clothes, and clean their living space. The main goal of our house is to provide a comfortable and supportive living setting that will allow each resident to strengthen their self-sufficiency skills so that in time they can transition to more independent housing, as well as qualify or re-qualify for subsidized - housing. We work to raise the quality of life for each resident and empower thern'to live as capably as possible in our community. To ensure the safety and well-being of tenants, PCMHC Designated-Mental.H-ealth Professionals are availab le 24/7 to our residents for emergency support and crisis response. Our Case Aides and Peer Support Specialists visit the residence 5-7 days per week to provide coaching in nutrition,hygiene, time management,problem solving, budgeting finances,transportation arrangement,health support service follow-through, self-advocacy and vocational plans. We also have a Residence Aide living full-time in the house that supports tenants with upkeep of living space, encourages compliance with house expectations, regularly communicates with our Residential staff and assists our Facility staff with maintenance of grounds. Within the past seven months, we have completely renovated the outside of the house and part of the inside so that it is more appealing for our residents and fits in more easily with the upkeep and quality of homes of our neighbors. Also, members of our staff and Board of Directors met with neighbors from 12"' and Oak streets to relationship-build, address concerns and discuss ways in which we could increase involvement between our tenants and neighbors. Peninsula Community Mental Health Center (PCMHC) is applying for a conditional use permit for our supported living housing unit at 203 W. 12th Street. This residence has been utilized as a supported living/transitional housing unit for 4-6 unrelated adult residents since 1997. All of the tenants who have resided at this location since 1997 have been low income individuals who have been diagnosed with a mental illness. The typical monthly incomes of residents who rent rooms in this supported housing unit range from $339.00 to $637.00. Of the six current residents at this location, one has a vehicle and typically parks it on 12th street. The other five residents take public transportation as necessary. In addition, one of the current residents is employed. Staff from PCMHC visit the residence 4-7 days per week to provide coaching and skill building activities such as self-advocacy skills training, social interpersonal skills training,meal preparation, and house cleaning. The main goal in supported housing is to provide an independent living setting with minimal supports that will allow the each resident to transition to housing that is operated independently of the mental health center over time. We work to raise the quality of life for each client and empower them to live independently in our community. None of the residents in the supported living unit meet the criteria for'higher levels of n ' dependent living services such as group home,board and care, or inpatient on-in treatment. Each of these services require 24-hour staffing on site. WAC 388-101-3000: Definitions. Page 3 of 4 "Physical intervention"means the use of a manual technique intended to interrupt or stop a behavior from occurring.This includes using physical restraint to release or escape from a dangerous or potentially dangerous situation. "Physical restraint"means physically holding or restraining all or part of a client's body in a way that restricts the client's free movement.This does not include briefly holding,without undue force,a client in order to calm him/her,or holding a client's hand to escort the client safely from one area to another. "Psychoactive"means possessing the ability to alter mood,anxiety level, behavior,cognitive processes, or mental tension, usually applied to pharmacological agents. "Psychoactive medications" means medications prescribed to improve or stabilize mood, mental status or behavior. Psychoactive medications include anti-psychotics/neuroleptics,atypical antipsychotics, antidepressants,stimulants, sedatives/hypnotics, and antimania and antianxiety drugs. "Qualified professional"means a person with at least three years'experience working with individuals with developmental disabilities and as required by RCW 71 A.12.220(12). "Restrictive procedure"means any procedure that restricts a client's freedom of movement, restricts access to client property, requires a client to do something which he/she does not want to do,or removessomething the client owns or has earned. "Risk assessment" means an assessment done by a qualified professional and as required by RCW 71 A.12.230. "Service provider"means a person or entity certified by the department who delivers services and supports to meet a client's identified needs.The term includes the state operated living alternative(SOLA)program. upport"' means assistance a service provider gives a client based on needs identified in the individual support plan. 11�11�"Supported living"means i struction, supports, and services provided by service providers to clients living in homes that are owned, rented,or le -by the client or their legal representative. __,ased tm t tt owreatment team"'means the program participant and the group of people responsible for the development, i mplementation, and monitoring of the person's individualized supports and services.This group may include, but is not limited to,the case manager,therapist,the service provider, employment/day program provider, and the person's legal representative and/or family, provided the person consents to the family member's involvement. "Vulnerable adult" includes a person: (1)Sixty years of age or older who has the functional, mental,or physical inability to care for himself or herself; or (2)Found incapacitated under chapter 11.88 RCW; or (3)Who has a developmental disability as defined under RCW 71 A.1 0.020; or (4)Admitted to any facility; or (5)Receiving services from home health, hospice,or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or (6)Receiving services from an individual provider. "Willful"means the deliberate, or nonaccidental,action or inaction by an alleged perpetrator that he/she knew or reasonably should have known could cause a negative outcome, harm, injury, pain, and anguish. "Written individual plan"means a plan developed for clients in the community protection program that includes: (1)An assessment of the client's emotional and behavioral issues as related to community protection risks; (2)Specific intervention strategies and techniques related to community protection risks; (3)Specific restrictions and measures, including security precautions, both in-home and out-of-home; and (4)Signatures of the client's case manager and the client. [Statutory Authority:Chapter 71 A.12 RCW.08-02-022,§388-101-3000,filed 12/21/07,effective 2/1/08.] http://apps.leg.wa.gov/wac/default.aspx?cite=388-101-3000 8/18/2010 Peninsula Community Mental ealth Center 12 th Street Residential Housing Community Meeting Present: Peter 0. Casey, Dawn Saiz, Jerry Remick, David Gudde rFP Neighbor: Dr. Howarth EC APR 0 8 2011 Minutes: Brenda Gilchrist, Supervisor of Office Services Cl.TY OFPORTANGELES Date: March 31, 2011 DePt.of community Deveiga The meeting was held at the Peninsula Community Mental Health Center, 118 East 8 th Street, Port Angeles, WA., in the Multi-Purpose Room. Peter 0. Casey, Executive Director, began the meeting at 6:05 pm. Attendees of the meeting introduced themselves to each other. Dr. Howarth stated that things seem to be quiet and respectfu' l in the neighborhood. Peter stated we did not hear from other neighbors in regards to whether anyone else would be attending the meeting. Peter stated to Dr. Howarth that he noticed some houses for sale in the neighborhood. Dr. Howarth stated that he thought that one of the houses for sale had nothing to do with it being located near our agency's owned house. He thought others could just be coincidental. Peter stated that he is glad things are going well in the neighborhood. Dr. Howarth commented our property looks nice. No police cars have been there for a while either. Dawn mentioned that Jerry Remick, a PCMHC Case Manger was present at all of our houses on an ongoing basis. He will be facilitating some more groups for the residents and the current groups are well attended. Jerry states we are trying to put our best foot forward. Dr. Howarth said since the last meeting there hasn't been any problems. Peter stated that what we have done is have people go to the houses on a regular basis to keep in touch with the residents. Dr. Howarth stated that even people without mental illness decompensate. Dawn stated that another peer counselor will be hired soon. Peer counselors help with being proactive with clients. Dr. Howarth stated that it seems that the house lights at our residence are not on as much at night as they used to be. Dawn stated that spring is coming and the yard will be getting some work done to it. Dr. Howarth asked if residents have any liking for yard work. Peter stated that we have an arrangement with someone at Serenity House that provides gardening work for clients as well. Page 1 of 2 Residential Housing Community Meeting Peter asked if Dr. Howa'rPn knew why other neighbors weren't Othe meeting. Dr. Howarth thought they could be intimidated by the mental health environment or not able to voice or address their fears. Dr. Howarth states that in his interactions with other neighbors he informs that he will be attending the meetings here. Dr. Howarth asked David if he could encourage the residents to work outside and do yard work. It could show the neighborhood that they are involved. Jerry commented that the community needs to know that recovery is hopeful and the community need not be afraid of people with mental illnesses. Jerry asked if Dr. Howarth thought that having a panel discussion comprised of people who have been through mental health challenges would be helpful for the neighbors. Dr. Howarth stated that he wasn't really sure why neighbors didn't show and wasn't sure if they would come out for a panel. Peter stated he thinks that people have misconceptions about clients. Peter commented that a couple of years ago our agency partnered with NAMI and showed a movie titled "Out of the Shadows". a story about mental illness. Peter commented to Dr. Howarth about our Fundraiser that was coming on May 13 th with speaker Patty Duke. Dr. Howarth seemed very interested in coming and Peter presented him with some information. He also mentioned that he thought it was a great idea for us to have a fundraiser. Dawn and Jerry commented about showing a DVD to the community to help people gain more knowledge about mental health issues. Dawn stated we could invite the neighbors currently living around all of our residential houses. Peter stated that we have a new Medical Director, Dr. Joshua Jones. Dr. Howarth states he is familiar with Bi Polar illness due to family members suffering from it. Peter commented that we have a good Board of Directors and asked Dr. Howarth to consider being a member. Peter will send him some information regarding our Board of Directors. Jerry asked how case managers could help more. Dr. Howarth stated he will think on it and let us know, but mainly resolving incidents, documenting and feedback. Peter commented that neighbors don't always know why PAPD are present; it may not be always a really bad thing. Dr. Howarth thinks that this was a fear factor for some neighbors. Dr. Howarth stated there was no sense in continuing the meeting and he was finished with questions. Peter thanked Dr. Howarth for coming. Meeting adjourned at 6:35 pm. Next meeting is not currently scheduled. Page 2 of 2 Residential Housing Community Meeting Sue Roberds From: Peter Casey[peterc@pcmhc.org] Sent: Monday, March 14, 2011 10:55 AM To: Sue Roberds; Dawn Saiz; Julie Calabria Subject: 12th and Oak St. Neighbor Meeting I have scheduled a meeting with I 2th and Oak St. neighbors for 3/31 at 6:00 pm so that we can hear an update on our house on 203 W. 12th St., or any concerns they have. Page 1 of I Sue Roberds - I enjoyed the opportunity to meet with you and your representatives last night From: STEPHEN HOWARTH To: Date: 10/21/2010 6:29 AM Subject: I enjoyed the opportunity to meet with you and your representatives last night Peter, I hope you and your staff did not infer that my comments were intended to be anything other than helpful. I thought the meeting was very interactive and positive until Betsy Schultz spoke. As I said I said at the meeting, I believe that"outreach' projects such as the one we were all involved in last night, serve an educational purpose through better communication. Communication requires interaction and I believe that there were good efforts extended on your part....and I appreciated that. I was disappointed in the turnout last night. Still, our neighbor next door was in California, Linda was in Colorado, and Mr Ruddell was at a business meeting. Peter, I have seen good things happening next door and, although the process we have just gone through has been painful at times, I think the long view will ONLY make PMHC a stronger organization with more credibility. In my own profession, I am scrutinized daily by all sorts of federal, state, and local mandates. I don't particularly like it, but when you are viewed as a "public servant" and receive "public funding" it kind of goes with the territory. I do think it keeps us ever conscious of the highest standard we are capable of. Once again, I appreciate your efforts and hope that you never fear a well meaning question from me or anyone else in our community......................Kindest regards.............Steve fileWC:\Documents and Settings\sroberds\Local Settings\Temp\XPgrpwise\4CBFDDDA... 10/21/2010 Page I of I Sue Roberds - Fwd: Re: meeting From: Peter Casey To: Sue Roberds Date: 10/12/2010 5:26 PM Subject: Fwd: Re: meeting Hi Sue, See meeting message below in response to Dr. Howarth. I will provide you with minutes from the meeting. Peter -------- Original Message -------- Subject:Re: meeting Datc:Tue, 12 Oct 2010 16:49:19 -0700 From:Peter Casey :����g> To:STEPHEN HOWARTH <showarth20@msn.com> Hi Steve, The meeting with the 12th St. neighbors is scheduled for next Wednesday, 10/20, at 6:00 pm in the PCMHC Multi-purpose Room, where we met last time. Since Betsey helped organize the previous meeting, I have contacted her for assistance coordinating this one. Dawn Saiz, our Residential Supervisor, will provide Betsey tomorrow with announcements for the meeting for distribution among the neighbors. Hope to see you next week. Peter On 10/12/2010 3:58 PM, STEPHEN HOWARTH wrote: Peter, I am on call today and they have just scheduled a case in surgery 4PM. I intend to come to the meeting if I can. Betsy mentioned the date, but I can't remember the time. Could you respond with the time. Also, I had my car in for some work and Mr Ruddell indicated to me that he did not know about the meeting. I told him the date, but didn't disclose the time as I forgot about it until today. I called Betsy and left a message. My cell is (360) 461-7740 if you want to call me. I usually do not accept calls in surgery, but I will take your call and listen to you. Hope I can make the meeting...............Steve Howarth file://C:\Documents and Settings\sroberds\Local Settings\Temp\XPgrpwise\4CB49A3 I D... 10/13/2010 Peninsula Community Mental Health Center Residential Housing Community Meeting Present: Peter 0. Casey, Dawn Saiz, Bran Sundt, Betsy Schultz, Max Bert, Julie Calabria, Grant Munro, Loretta Vlaardingerbroek, Deb Reed, Steve Howarth, William Dole Minutes: Brenda Gilchrist, Supervisor of Office Services Date: October 20, 2010 The meeting was held at the Peninsula Community Mental Health Center, 118 East 8 th Street, Port Angeles, WA., in the Multi-Purpose Room. Peter 0. Casey, Executive Director, began the meeting at 6:10 pm. Attendees of the meeting introduced themselves to each other. Steve Howarth, a neighbor of the 12 th Street residence, stated since the Conditional Use Permit Hearing that was held on September 8, the neighborhood is quiet and the 'night/day cycle' seems to be more normal. Peter would like all involved to come together. His goal is to have a good relationship with the neighbors of the 12 th Street residence. Dawn Saiz, Residential Housing Supervisor, stated that Max Bert, a Peer Counselor, is in the 12 th Street house at night from Sunday through Wednesday, and another staff member, Everett Zentz is in the house during the day. There is also a resident aide that lives in the house. Steve asked if the resident aide was a client. Dawn stated that he was. Steve asked if residents cook for themselves. Dawn said that housemates do fix there own food. Dawn stated that staff is there at least twice per day. Case managers are there frequently as well. Steve asked if lack of structure was to account for what has happened. He would like to see the house fulfill its mission and make good decisions. He wants to see the residential home succeed with it's purpose. Peter stated the agency has been moving towards repairing the homes even before the CUP issues arose. Peter passed out a PCMHC policy entitled; "Supportive Housing Admission Guidelines". The policy states the screening requirements that,clients must meet to ensure they are appropriate for the level of residential living and supervision that is required for the house in which they are proposed to live in. Steve asked if a center was available for people that need more supervision than what can be offered at residential living places. He asked how the agency handles clients that need more supervision as well as how it is determined where they are to be placed when they have been through the judicial system. Peter stated client placement is not determined whether or not someone has been involved in the judicial system. Client placement is based on a number of qualifications. Placement is determined if they have had hospitalization or not; if they have drug/alcohol problems as well as mental health issues. Usually someone being discharged from a hospital may go to Second Street House. It is Page 1 of 2 Residential Housing Community Meeting structured with staff 24 hours per day, 7 days per week. Meals, supervision and medications are highly monitored. Steve asked where do clients go that need to detox. Peter mentioned that Washington State has detox centers if a client's need is greater that what we can handle. Bran Sundt, member of the Board of Directors, stated that times have changed and that people have more choices now to get help. th Steve stated he had raised the issue because of the proximity of the 12 Street house to schools. Peter stated that we are very sensitive to the concerns of the neighbors and we aim to have our best functioning clients in the supportive units. Clients that need more care are placed in residences that are closer to PCMHC. Steve asked if residents submit to drug tests. Julie Calabria, Clinical Supervisor, stated that residents need to be clean and sober to live in residential housing. If clients are not willing to get help then they may not be able to live independently. Bran stated that co-occurring programs are very promising. Steve stated that if all the neighbors or other concerned citizens knew about these structures that were in place there would be less worry. Dawn said she wants clients to stay stable. Betsy Schultz, a neighbor and owner of the Tutor Inn, states there have been 3 life and death situations in the neighborhood in the last few years. She doesn't want to know personally what the micro managing aspects are of the house. She trusts PCMHC to take care of the house and is comfortable with what PCMHC is doing with the house. She commented she is not talking to the other neighbor's in regards to how they handle their personal stuff either. She believes in what PCMHC is doing. Deb Reed, President of the Board of Directors, commented she trusts the system at PCMHC as well. Steve is happy to participate and wants to help. Deb would like Steve's wife to be reassured. Steve wants to focus on process and outreach, not policy, etc. Julie stated that PCMHC has a Crisis Team available 24 hours a day, 7 days a week, and they can be utilized for the house residents. Steve sees residential aide as helping to stop future crisis situations. Peter would like to know how we get information out to others that are concerned. Steve thought that more neighbors would attend this meeting but did not know why they didn't. Steve thought that 3 more meetings might not be necessary. Grant Munro, Vice President of the Board of Directors, stated that we are committed through the conditions set forth by the City CUP Hearing. Minutes from this meeting will be sent to the Port Angeles City to document the meeting did take place. Minutes will be made available to neighbors as well. Peter stated we can get minutes to people who may not have access to electronics, if needed. Minutes from quarterly meetings will be sufficient for all concerned neighbors. No individual side meeting will be arranged. Next meeting is scheduled sometime after the beginning of January 2011. Meeting adjourned at 6:35 pm. Page 2 of 2 Residential Housing Community Meeting Affidavit of Publication In the Superioourt of the State of Washington for Clall-Aefferson County Peninsula Daily News CITY OF PORT ANGELES LEGAL ACCT/CITY CLERK PO BOX 1150 PORT ANGELES, WA 98362-0217 Reference: 4900481 5098345 CITY OF PORT ANGELES 321 The undersigned being first duly sworn on oath, deposes and says. OF PORT'ANGELES '-Cr732 Ea F h Stree That she/he is authorized to and does make this affidavit for and 1 st Ift t on behalf of Peninsula Daily News, a corporation, and that the poll Angeles,WA 9836 following statements of fact are within her/his personal and NOTICE OF DECISION NOTICE IS HEREBY GIVEN that on September actual knowledge. '8,2010,the Port Angeles Planning commission That said corporation is the owner and publisher of the APPROVED�a conditional use Permit to alloW�a ,group home in 'the RS-7 Residential single Peninsula Daily News published in Clallarn/Jefferson Counties, (Family,Zone,for Peninsula community Mental Health. and had been approved as a legal newspaper by order of the Superior Court of said Clal lam/Jefferson County of the State Of For further information,.please contact'S u e Roberds, Planning Mana er�velepartmeht of Washington. 'Commun Economic gD opment 321 n jt� - That the annexed is a true copy of a legal insertion as it was East F h s'i%et, Port Angeles, wash (360)417-4750. i.ngto n, published in regular issues (and not in the supplement form) of Pub:Sept.26,2010 said newspaper was regularly distributed to its subscribers - during all of said period. The publishing date cited is the last day of publication. 1 Insertion in Pub PDN on 09/26/10 -Z7 nTA x 06/05/2011 C, Vtt P,S,�� ------------- - -------- ---------- Sworn to me on this 27th day of September 2010 NOTARYPUBUC Notary Public in and for the State of Washington residing in Port Angeles. Peninsula Daily News P.O. Box 1330 Port Angeles, WA 98362 A!'j,'q r lit OR? N_ Gt S VV A S H I N G T ,0 N, U S. A City Council s�, .......... K 0.M kFtI]'1-11R`216 S eptember 9, 20 10, Mr..Peter Casey, T 'N RKI Peninsula Community Mental Health vj� 4 !�a g- Port Angeles, WA 98362 '4NIII ftq' M—ilZR'r 4, A _4 &_Q dt" -0 X­j,a RE: . Conditional Use Permit CUP 10 2 Al g th Peninsula Community Mental Health�.203 West 12 Street are �4 Dear Mr.:Casey: , As you know, following.a public hearing conducted on September S .2010 the-City of Port Angeles Planning Commission approved Conditional Use Pefmit.CUP 1*0-02 to '§R. -zone at,203: 'I West lfh Street' permit a group home in the RS 7 Residential Sing q ami y Y- subject to the following conditions: M Conditions., 'Mental Health 1. The conditional use permit is approved for Peninsula Community th S K to operate a group.home use,at 203 West 12 treet per-application,identifli d a e s N -on Jul -6, 2010. The use shall'includ& Conditional Use Permit CUP 10702 dated received y licati erat 0 a Resident Aide a&described in said app on. Any.,change in the op ion fthe residence will require prior review by the Planniniz Commission or the-approval,shall be u deemed in-validated. 2. PCMH will carefully.screen clients pursuant to their,policy for-safety and well Ktk R", being to live in a residential family zone. 0 3. A neighborhood outreach plan shall be devel ped that.will iifform neighbors of w�,,�A 6� the rogram goals and provide a forum where issues�of concern will be addressed by g ��Y PCMH in operation of the group home use. These forums shall be conducted on a , tF, quarterly basis for the.first year and semi-annually thereafter. The plan shall include a method for reporting a summary of meetings with-'neighbors and how concerns were addressed or if any noted'that will become-part,of the po�lic,record file: concerns were The outreach plan shdll,be provided to the'Planning Commissi' n within on 0 e month of approval of the perink w tl M Phone: 360-417-4500 Fax: 360-417-4509 �,,,;$V,NX� Website: www.cityofpa.us Email:.-council@ cit ofpa.us 'Y 321 East Fifth Street- P.O. Box 1150 Port Angeles,,WA 98362-0217 Teninsula Comm i Mental,01th—CUPA 0-02: ty Septeniber.%�201.0 b s _T '2 T 4ge- 'ht n -th idence Wi 4. The renovated resi 01,tontinue-to be mai ai ed:in. e s th it.c 'le ents other residenc'es inthe neighborhood in appearance an( uch at omp in character. Th � T ark;'! g area at the' ear of-theresidence Will remain aval e p street p in ..r res! en I visitors.., v: -pp'licaritis-requiredto p ow I t- d is required e regu a ions an 11 allstat to�6taiii,� lic nses. pe in ab at ed rt"e'nt-andam)lic le'St eadd-F eral, e' is action is sup] on ns:, ported bythe following in ings an Thi fj d d c clusion§: find-ngs' B d,on the informa ion.provided in theCo unity Development gtaff.Repbrt., ase t- mm U ' 10 a -02 d te.d August.25, 20 M inc u ing'a information.in the public'ipc6rd,; P. I e arin&t e C h R anning 6 coniftients and,-testimony Presented during the public. nimission- scussion,an of P it": diti6ns f J 0 di d leliberati6n, and the above listed-con o ,app oval the' 'City 'ng. ommissio ds that. -T in Angeles Planni G , hhereb f, On July.6 20 ula.,Conimuni -Mental-Hedlth (PC 10, P6nins ty mi _f r A c6rid ity 0 of C6 uriit� &Ec6no itio epartment, mm th permit to dll6w:a'su pported li i g home,to' be located at 201 West:12 Streetdn'the V n R§�J Residential Sin le Family.zone I -b�.coriditiondl use-pernii in 2 "ideritified'a's p t", Q `h Group omes an ospices.are., ermitted e under S.ec'tionJ7.l0.040(I)?AMC- _Secion­.­� 'the RS,7 Residential Single�Family zon s ithihe intent of Or a allows'f6r:other u es compatible w- "this chapi --:conditional uses. A supported living"home is nearly idefiticalto. ,a group ho 'me -,use c nditional'use is,defined in Se6ti of the,P' C A, o on 17:.'08. AM p ut whieh,requires a specia on ol tb'mdke such use erMitted in azone-b degre���,:c ir consistent.and compatible other existing.qr permissible uses in the,same zone, A'Gioup Home' is defined in 8 .08.040(C)-of the Po 4.;, e6tion,17 rt Angeles Municipal% hich Code -indep.qndent.non�jam�� li�ii e e'epi nit in w t,ereh.e s,, as a non" ng,u, h nt f -1- ! �-I : �o h ar amp es group , om e,assisted hv an�outside agency ororgdnization.�'r:Somi ex I es in6lude-�tdte.-iic�nsedhi)�es�6rt�e.���nji�4p�d'.dndp'�y.�ically:disabteci,� hoinesf6r-li�� . mihially"w"hoinesfor diose4ith dave!Qp­ td�'sabilities,.except that menta, Xr.o.up. omes. -.0 'd ca t include adultfqmily,hb es, �,bpo�iedliljingar)-ang.ements,�ot.resi entiat re ., no In s es..::-They also.in 8 sed 04P drre.sidential:,celnters or clude.state'lie n gr bomesf rehabilitationfrom:alcohol�and�,d�4k�,:andtransitfbnalhousingf v��tii�s:ofdomi?Stic.1-�-.: ,�%,�-% vi6lence� Th. ngeme ving", by the D artmentlo 5, living,arra, nt,is de' seribed.as su orted li ep . _pp AC 388-101-3000-defin s orted living as '�in,str*. n . _c ion, suppo a d ' Hea'lth.,W. es upp t, ris, living-in omes t are,owned; rente or servicespr.ovide by servicepr6viders to clients -'h tha leased.b the clientoor their legal representative. y 6. ec kipal.:Code describ s the,RS-7, S tion.17.1 0.010 of the Port.Afige'les,Muiii e Residential.-8in' gle Family.,zone as�a low'd i i6sideiiiial zone intended to.cre ensity,;, an preserve urban sinig'le' fainily'residential neighborhoods.consisting of on-ii t Y'r- d pred Aan I he el , Peninsula Corn mun ity M ealth-CUP-10- A' , enta H 02 S t b r 9�2010 ep,pm e P age�.). single family homes on�standard Tow- risite sized lots. Uses-*hich are-compatibl.e.'with. ily- id6ritial.environment may also.,be nall related-to a sin le fam locate -and finictio y -9 res Ahe RS-7 zon s nal us' . e-includ Ahi zone."�.Conditio' esthatrnay�be located.in e but are�no limited-to accessoryresidential units, as isted living facilities c d 5 hild day-cares, an. s c urc es., I h T A.cofiditi6nal use permit is-d-efined4n ectiori 17.08.020(G) of.,the',Port Angeles t a particular use at a�nat-tici! c& Municipal Code as a limited,permission-to loca e c d'to modify t ontrols'stipuldtedh location, and which limitedpermission is require h these.Regulaiions in such degree as.to assu 'e�that the particular use,shall,notprove., ct with'the detrimental.to-surroundin hall ' b :in:confli Comprehensive gproperties,'s not a b -interest and further' states in.(I). o the� Plan, andshall-not, e'contraryto.thopublic Jise.,pe'rihitted in a zone-but which requires a speciab-, -e.-Jame section "Conditional Use -,a degree.of control td.make,stich us&.consistent and compatible with other existing or permissible uses,in the same zone. -provide§that"'The­' L �,-Section 17.96.05,0,.of the Port Ange es d .I ' Munic'ipa_1,Co.,.,e ns d nal:' _mits�- or�,�es Planninjz Commission.Shall,consider avp icatio � for con iti6 . use per d ecified in th 'Regulations he I e applicable:Chapter of the Zoning T P anning S P h' h; cons"'te, iblewiththe' ommissionmay�grant saidpermitsy ic. are is nt dhd.compdi in ca co e rehensive, ich th '-d -C purpose�of the zone wh euselis,.16 te are. nsist ntwith.the -omp Plan, and.not contrary to the'public use and interest. The Planning Commission.-mqy. -as refuse to-issue a conditional,use permirif ihe:�characteristics ofthe,iniendeduse a such Id-defearthe v e.of oning �relcitedtothe�specific.propos,ed site- re as:wou urpos these.Z. R egy lations b�introducing incompatible detrimen'tal,.�or�hazardous.conditions. -In eaeh.�.- t* thdPlanningI:Commissionmqy hat'evier restrictions' or,c tipplica ion impose w. onditions tidl-to protect). e,p' hl* 'h Ith,:safe�y, and we�fare andt6 der ss ic ea pr they consi e en �h u even.,._ dqpreciation of neighborin" prope 49 riy. _ 9__ Section'.17.96.0.70(A)PAMC.provides "Hearingand,4ppeal of Conditional or,- ' p 6 ice Unclassified Use Permit A x t and Hearin for Conditio' nal-Or, plications. g� Q assifW.'Use Permits. . p6nfiling an app co li c�ation fdr a nditional or unclassifie Uncl 'the groundsfor, and thejacts deeme usapermit in:whickthe application setsjb�thfiill� oi ti orantin a h t lassifiedUse Permit, the Planning, g of Cb diti nal or Un us fy, t, n io c as pr-avidedin PAMC -Comm-issidn shall givepublic notice, J`�.�96.J�0, of the intention to P consider at a Public'hearing,t&,granting of a Con ditional.or Unclassified Use er I The Planning Commissio,ri's decision' is final unless to:the,City Council. i' I U ICUP 94(6)1 Q) was,approve 10. Conditiond se Permit d Tor?eninsula Menial th Health to co'nduct a grouphome-to houseteen age girls at 203 West 12 Street on-June. !z 12,4991. T e use was approved wi h, onditions.The perm t QXDired in Au ust,199.6 h it c- 9 th 11. The occupancy of 203 W. 12 Streetchanged'to adults in the mid 1990's. -City staff..was not informed;of the change in occupan y...PCMH staff c believed that the.City.?s 3 -the definition of a."farrilly, ��6und in sectiori- 1.7.08.0 57"(A)bf the PAMC, permitted occu ancy-ofup to 6 unrelated-adults without a conditional,use permit. Theuse Went' p unreported until November, 2009, Wherin. eighbors brought the matter-to the City s attention and staff contacted PCMH staff.. Peninsula.-Conimunity Mental OTalth—CUP 1 0�02` Se ternbe r 9,-20,10 P. -Page 4 1:2. The site is situated in the City's.:Central:Planning,Area:,that is served-by all: �d municipal emergency services., jh6 neiszliborho well-w 13.- od'is a: . established'completely built,out, tfaditiond j 'boihood comprised of single�farnily homes rn�inly.,on individual lots... The areajs neigh commonly refer're'dfo,as-"Cherry Hill," and is idefitifie&bythe�166dtibnof�tlie.Queeri.of s.Chui6h�and converit/elementatv-school-(two blocks imind iate�y nort Angel ''I h of he "s S h", I property) .St��Matthew -Lutheran' Church.and daycaie:,, djeff6rsonEl6mentary, c.00..., (three blocks east-of the'site),.- 'A well�est�blished;bed and breakfast use-is' ocatied 'I 1/12 Alley With�ot er,commer U86S loc, ated: laih� oial no d ent t rth of the h a,,jac o the$ite,nb s main o ice cl ity is Street and..'south'to Lauridsen Boulevar PCMH' ajo g-8th th -1 'cati n., Th 4 9 main re is- 7 s north _C' R -hall ..located Bou'r block oii,18 - Street rom.the ,0 0 e, located seven blocks immediately north4 th6�siie.' _d ' ',p-ortedli�i��,-fi6me'.is�located,bn-asing.16Townsitelot'deV .14.. The'p' ropose sup 'd as...a7six--b.ed.room re'sidential structure., The.site,is�coni�lqtely f6ficed and provi ,e.s., th *ki -up vex tructure and arounds have been�cdnsidbrabl 0 n :at the-roaf" Th, b s Y: graded. 9 p year. itch that, t lend in we s asf s i b s 11 'With surrouftding�re Went a 'uses. -i5i.' onsumets of Penirisula Community M�ntal Health, e. who.w"iltresid&ifi:-' s rvi s -T the-,home'do not.liVb indepen'dently. hese residents have,been dia sedWith mental2 ` gno. I PCMH. illin d s me as ess an' are.in need of, 'o sistance in theif.daily lives that is provi ed by li ted or'n -�Jhey have either mi o c6rita6i,with their families:and�&w_so ia 'sup ports.. The resi en age their'owri, puichiise,a�&.,. 'd ts are able to man their fi6anc.e.s,,Iak6 medicationon -pre pare food,. and and.some..residence maintenance activities. C se 'T MIlCa ' Aidesand PberSUppbrt Specialists-vi§lt.thb.-residence 5 Td4ys per.-week-to ide ... �.provi c.oachin�,iiinutritibn, 4ygiene,.tunemaria emohi, ptobleiii,solV.ilig�.biidgeTi.ng,-,. ,;, 9 ttr�nspqrtation,,health support, and vocational plans. e app icant haspr6posed'. wh 11 be;tr ned to :16.' -Th I ahome ore a resi 6nt.consumer:Wl ai, a'R 'd with responsibility for-daily management-duties With',oversight by. esi en f supervision. The Resident Ai e ilfb6 PCM14iii6fessionals,as an in house level.0 d W1 -§tatQ-'ertified'Residential'Supervi�or. The Re un er t edirect:supervision.of a c sident with r identidl-�staf, assist in mainte ande:_of grounds: Al e' .will:commum'6ate regularly, es n and pneowage cornpliance,%�itl�house rules. 'Application in&r1hation indicates that'. C consumers w 0 et-d6 not.need 24-�hcur care but w O'uld h:' occuDy this type'of' ' group resi. enc -be it'Iftom ne min�housesupervisior[-, 'idents w 17. �PQMH Director Peter Casey-'ffidicated th�tres ill be scr`e'bne:d to ensure that individuals.willhoi be placed in.the residence.,PCMH has a policy to scred.n',: -placement withina residential s Indudiftg,, residents for, ne. glyen a number of factor t -Co e wh do not bet the' criteria wi s e y and-well-beinq and criminal histor�. nsarn rs 0 in "or not be-placedi the residence., Mr'.'Casey acknowled edthat an unfortunate resident.. 9 C b was made knownto unno s pla erriizmt went utwhen this inforination t�ff, the individual w s 'ediately removed.from the residence to a more-appropriate,*,',; s a imin location. 18. Al past 12�y6ai` in th6u6unlicensed for the the ho e use has been in Olace and" operated by PCMH with little:incideht.f6r a total o'f 18 years at the subject location. Mr. J� Peninsula Community Menta Health.—CUP 10-02 Septeffiber.9,20,10 Page 5 'Casey apd'PCMH staffhave been working with City.staff to bring the use,into c nip ian al Ao onduct an outreach�program-to,the.� 0 1* ce with loc zonin� Idws-and c -m 'arise from ddress any issues that ay� neighborhood'that will be a forum to identif y and.a the�occupancy in--t ure.- he fut di 19.- Neighbors t6-the home contacted City staff in November,200.9,:to. iscuss,., occupancy concerns folloWin �a:meeting.with PCMH staff in October.. NeiAbors 0", -1 initiate a. ei6bofhoodoutr ion pr'o grd in S imilari to I.,.. expressed a desire o n each and edu'cati the,condition that Wa§-atta6hedIo ConditionalUse Permit CUP 91(06)1,0. PCI VH D irector Casey is aware of the advantages of s h a"pro'grain and agreed-:to initi4t -In order to fulfilLthe'burp6ses of the conditions such a.forumheld on a 4uart.eily.basis 0 will'ensure adeduate,,communicati n and informed improv&n6httothe ogam.�:T. h prev 6.us co' n' ditionaluse ermitreciuiredffionitoringdiiriiig.e�ciensionr.eview,.()f�thipCU ..� �. al 20- :The'��Federal�Fai-r.Housi�k-Aci (FFHA):re6u!ies:that.licensing requirements sl� S- not violate the'rights ofind�ividual's' to.reasonable'acc6nimaddtiofis�*ln�:zonin'-g,.pract�i,c.e, .� Qon i ion use -protect diii : dh 6ermits-may,not discriffi inate again8t the hafidi&appe- ��64�Shalt uni their safety asw 11 a! f the comm y in-genera e 3 the safety"o t 2L : The City Of Port .'6ondi ional'use permitIn,­z`.' An 0 allows for grouplome use:,by t gel -S u&re view--is i needs:' all residential zones., S ntended,to identif� emergency seTvice and isiic' identify articular character s-of individual:iieighborhoods. p Peninsula Commu ity Mbfital-Health o erates-under over ight by:tfie- n S — .2 p me H D'epaIrt nts of Health (DOH a S 1'. d Health Servibes-(.DS S).,. I )�aii ocia an. utho ct unicipa. zomng.,.�. 23., The'.-Feder-al Housing:A fity A' (FHAA) has.1i,mited some n' l authority in an,effort to avoid st'ereotyping,to' achieve cornhiunitv inte&atiom� The cy per FHAA is o require group ome throughout:the q common poli t 'fi s to be distributed. 70� o4s: -i _.where.residents are,able to,live in mains re commun ty -t am residential neiahborho rather than n a lu. r of group homes,s6gregated-from the test,of the�coinnium, :o' -c Ste 'ca §iti .-re lations.' i I cati gU zoning regulations maintain.someauthorfity over. o ondl ng but in us admiiiister mi arly 16 any such7 goup.-.o.cciipaqcy.. �d-si &i 'in its C si PI 24. The Port An eles ornprehen ve an was.reviewe t . entiretv in ana ysi§`�: 9 d ift Att, ff :6f,.this,abblication. The goals� poli6i6s, and ob ec i es'liste i achnient,Bto this�sta tv T po e rt were found to be.the most applicable to th&proposed use;, ect, 25. no cat o�propierty owners Within,300:feet ofthe'soi Pu lic tifi ion'was mailed t site and posted on the property on July..29,20 1.0, and August,24,20 10.1 Notifica ion.was.,," d in. Newson I August 24, 2010 With writte.ii'comrnefit�ac66pted.. la -the Peninsida D�ily p ce by September 7, 20 10. Comments:pTovided by.neighbors With regard to the use dur mg_� t ewritte c-comment pe e -this:staff%report. h n publi riod ar. attached as Attachrilent."C"to ilt, Written,comment.provided,after,the close of thewritten'comme period were.presefited a the public h aring,to be included in the e rd. Those written commen s were t e r co t providedby Arlene Engel, Linda:.Gorden- Randy Bailey, Rosie von Engel K ay Snowbrook, Janice Reld and Betty Brooks. P enmsu a I Communit3 I ealth CUP 10-02 S -n r 2010 eptei be 9, P .4ge 6'�propo�sed ti A Determination of Non'Si6ificarice wa s issued,for th ac ion,.on.:,; -C 197--11-355. This action:safisfies th,6 City.s.re 1,ity­` Soptember-&,:2010, , vonsib*h pet�WA 'the nvironin qn,der Y,Act(SEPA). V�8hington,State E 6nial.Mic S 27. , It.is inipli,cit in the Port.Angeles Municiip�l Code that'all conditional uses.mu t An ombliance C with�State driclTederat law. -.I:;: C07!ClusiOns., atio-n--pro'v'lde-d'iii-ihe'Department�of Co 0 inform nity, -Based, nth&. mmu "Developin nf:Staff R ort for CUP'l 0-02 d I all of the"" e. e at,.d"August2,5 ,.201:0,,lhc..,iiding in rm i d file 'comments, and testi m"' o L n presented-during.the fo at on in the public recor y s n's discussion-and delibeiation',�an eab public hearin& the P.14imi.ng,donunis io dith ove' -of Por C' 'Jisted conditions oi,appTpval and lis'teo�findin' gs;: ei ity.. g6lesTlarining '.Commis§i6n hereby donc ude 'that: Id:f o .a:group., ome as n m�­ h &f A,'_. 'The use'.aspropo.sed mirtbrs,the e inition f 1 bd1nSe6t1'6' Q(C)ro'f the Port Angeles I is pe' Winicipal Code and" y1- conditional,use 1'7.08.04 rmissible b permit-in e R n je:Fami y zone un t1i S-�7 Residerifial'S H der Secti.o�ft,.'1,7.10.04-0(,R).PAMC�'.-:','�, g suppo ited.livihg-arrangements ensure that'.'special nee s in ividuals'are": d ; d dff6ide d r6asonableaccommodation­in their res'idential.living situations an&are.-not-. tutO hen suc in ivi ua n iona environnic d a I d t li �6 rits W. li, S.I,arp prepare, o.,ive mo: ividuals'to-live' as capa , y-as possible" e This practice empowers such ind W mdeperiq ntly 'isi with tespofisible�su pei�v on... -0 �s:processe per ec i ri� 6 5 h 'B rt' B. The conditiona usepermitma to f79 O,oft e.. o the public W1. ;att onditions' achedtaprote( he4lih,'safetv.-ah An ipa th'c geles unic C we'ifare-, and to pr e� epreciation of neighboring propert Y. , nityL to t pa e C.'. ' An,ouirea6h program will,enablethe'neighborhood an opportu. partici success-of fhel arit the re id and knowledge of th&.,­:� in the i6me thr6ujh f�iffiili i V with s e.ni§ proce es hon e'. The�program4­ill pro�vtde,an..dp� commuftica e'b"T of the 6rtuni dur t e; o.re, concerns become issues,and will ensureffid:safety'and well-�beifi�:ofre§idents,and neighborhood ho 6nt kegistration of o mes and supported.living arr gr up angem, sprotectsresik and,.ideiitifies;theirliornes for res o ers during emergepc�,and general aid,calls. Review' nd I n:of�jo. 0 u.p ,omes: d Dorted livink arran ofthe o ati h an sup, e ts ensures thatihe uses ��i- gem n ne will-integrate well into residential ' 16boihoo swhile pTovidin reasonable accommo dation to all:gro of people ups; intaine in anup E., As-conditibned,..the resi encemi e ma d dated manner consistent.- e g ..with-cither n i'hborhood-properties and willther6f6re ensure the retention�of: p hb 0 e ii s' e sit ne'ig orhodid �erty values-injhe single faniil neighboili od in which th pr y located, es r F. The Re-sidenc6 ckly re ond, ay ad Aide will lie able,tci'qui SP to,an� issu6s,thavin' is-e T en�ce in the resid reducingthc need f6' r'outside assistance.from eit 'er the.':C Y. -or PCMH employees'.. Property maintenance skill's willben6fit emergency services I . I - I I I . � - � .� I -,� - I . I : � . .. . � 1. 11 . . � -2 .... - I . �- , -. '.:;�.. ��-� . I - . . - �I I I . .1 . . . . t , �� , �,:.- � -� ; I . - -:�,r'%,- i ��.. �. - � I � . 1. 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Box 1150 Port Angeles,WA 98362 Port Angeles,WA 98362 Web Site: www.citvof Web Site: www.citvofl2a.us pa.us r.-Howard-R-u&dell 136 W. 121h Street Port Angeles, WA 98362 -ell- S 7" A XT FF, I..'F - 01 J.. 0)R7 T AN�".-GE'LES I i X ZT,ANGGZ -L�l p -4 X 4 "1 p­ W A S H I N G T 0 N, U. S. A. W A S ,H 1. N G T 0 N, U. S. A. low 321 East Fifth Street, P.O.Box 1150 321 East Fifth Street,P.O. Box 1150 Port Angeles,WA 98362 Port Angeles, WA 98362 Web Site:www.cijyofpa.us Web Site: www.cijyofpq.uS aun Q�ter-C sey, 242' Leptech Ld-ne, PA" Dw Saiz�, 118 E. O'St., R" -1 CI 7 siF-v-on—E Port An�geles�'WA 98362 ge PO Box 3861 Sequ.im WAI'983.82 11�ec- :��- dhief� Hwy 101 257516, CVGenp-Engel, Port Angeles',*A 98363 TO Box 250 el-, Ih St. 9equim, WA.983'82 - _H70W Rqdd 1,�136 W. 12 PA ffletsy,.Sch�ltz, 1108 S. Odk St.; PA J lie-C-alabrid 46 � - I —53 S hddow Lane. 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Box 2109 Port Angeles, WA 98368 Port An&le�s,WA Sequim,WA 98382 Ridiard Dale Owen Stephen-J. &Cafl-deen n-ianern James and Barbara A.Money 219 West 121h 223 West 12'h . 22.7 West 12ih PortAmgeleB; WA 983.63 Port Angeles,* WA 98363 1 Port Angeles,WA 98365, Randall C.Sole Ardes A-O'Hara 2&chael S.Per7 .P.D. Box 1702 140 West 111h 329 West 1411,Street' Port Angeles,WA 98362 PortAngeles,WA 983631 Port Angeles,WA 98360' Queen of Angels Church Mark Williams . Charles Light CCAS Proper iy and Construction Box 7351 112.West 1111, .. 1 710 Nintii Avenue .Newport Beaffi, CA 92658-7351 Port Angeles,WA. 98363 Seattle, WA 98204 Lynn Warber Cheryl A.Ross Edith Snelgrov�-- 210 West 12th Street 214 West 121h Street 2-18 West 12th Street Port Angeles,WA 98363 Port Ama,,eles,WA 98363 Port Azigeles, WA.98363 Kenneth'N.Jacobson Ray L.Standley Howard A. Amy B.Ruddell 103 South L Street C/O Guy StandlqY 136 West 1211,Street 1305 West 16",Str elet Port Angeles,WA 98363 Port Angeles,WA .983618 Fort Angeles,WA 99363 Ronald Morgen Emily B.Richards Meiala H. Tobias 126 West.12th Street 718 Christman Place 137 West 13tb Street ..Port Angeles,.WA 98363 Port Angeles,WA 98362 Port Angeles, WA 98363. Edna L.Haworth Brian and Sonja CoVenton A.Ilen Joseph'Denhart,Jr. 124 Cedar Grove La`ne 13-1 West 13a,Street 139 West 12th Street Port Angeles,.WA 98363 Port Angeles,WA ,98363 Port Angeles,WA 9893.63 Adam Woodson,Tte William E. Gray Mar�S. Cort, Txust 131 W6t 12th Street '2-2-8 E.Laun.fdsen Blvd- 70 Vineyard Court Port A�igel&s,WA 98363- Part.Angeles,WA '98362 Sotiohaz� CA 95476 Harold J.Abbott Mark S. 4--Angela D.B onano Brian D. Boone 212 West 11f],Street Box 2375 2-24 West 2111,Street Port Angeles,WA 98363 Fort Angeles,WA 98362 Port Angeles;, WA 98363 'tiquettes fadles A peler A c6nsultez la feuille www.avery.com 004Y Peel Label$ See Instruction Sheet JOO--*1 ANMRY@)51600 Use AvergO TEMPLATE 51600 R JW��per for Easy Peel Feature Gerald G. &Mar Cevin C Fors: Jahne Bautista y Mang=o 71.8.Estes Court P.O.Box 4044 1210 Squt�i Oak Street Port Angeles,WA 98363 Fort Angeles,,WA 98362 Port Angeles,WA 98363 Philip Churdiley Betsy R.Shuliz Stepharde A.Indel.icato 1224 South Oak Street 1108 South Oak S�reet 130 West 12th Street Port Angeles,'WA 98369 Port Angeles, WA 98.363 Port Angeles, WA 98363 Itiq A onsultez la feuille uettes fadles;A peler www.avery.com C 0 0 Planning Commission Minutes September 8, 2010 Page 5 CONDITIONAL USE PERMIT—CUP 10-02—PENINSULA COMMUNITY MENTAL HEALTH (PCMH)- 203 West Twelfth Street: Request to permit a group home in the RS-7 Residential Single Family zone. Community and Economic Development Director West reviewed the Department Report recommending approval of the application. He described the public notification process and stated that all written comments submitted were attached to the staff report. He also stated that the staff report sent out on September 3, 2010, was a draft, and that staff had incorporated the new staff report with the new comments submitted. He stated that staff recommended approval with conditions, findings, and conclusions. Commissioner Bruch addressed a letter that questioned the group home's licensing requirements. Director West stated that staff has researched the licensing requirements at length with the Washington State Department of Health, the Washington State Department of Health and Social Services, and the Peninsula Regional Support Network, and that staff was able to verify that a license is not required for the use as proposed. Commissioner Boyle asked if the City Attorney agreed with the licensing need assessment. Attorney Bloor stated that the City of Port Angeles does not issue the operational license and he does not have a reason to disagree with the statement. Commissioner Boyle asked if Peninsula Community Mental Health had similar homes in the City, County, or State. Director West stated that PCMH does operate other group homes in the City. Chair Matthews reviewed the quasi-judicial public hearing guidelines and qualifying statements with Commission members. All Commissioners responded, for the record,that they did not have appearance of fairness or conflict of interest issues with regard to the pending public hearing matter. Chair Matthews opened the public hearing at 6:35 p.m., and stated that the public would have a 2 V2 minute time limit to speak due to the large number of people who wish to testify. Chair Matthews indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. Peter Casey, 242 Leprechaun Lane,Port Angeles, WA, Executive Director of Peninsula Community Mental Health, agreed with the recommendations of the City of Port Angeles Planning staff. He described changes in operation of the residence that have been recently implemented and stated that the home is operating better than in the past. He described the other group homes that are operated in the City of Port Angeles, and the need for these facilities in our area. He addressed some of the issues that the group home had experienced recently and stated that they only three police responses had been necessary in the past six months as a result of the changes. Commissioner Boyle asked if any other facilities were licensed. Mr. Casey stated that one 24-hour care facility is state licensed. Commissioner Bruch asked if any of the other facilities are having the same issues with the emergency calls. Mr. Casey stated that individuals with mental health issues will have breakdowns but most of the police reports are for innocuous reasons. He discussed their ongoing relationship with the City of Port Angeles Police Department and said that they have made a lot of improvements over the previous three to six months to address the need for emergency calls. Commissioner Powers asked about the community outreach plan. Mr. Casey explained plans for a community outreach plan that includes contact with neighbors who Planning Commission Minu Pes September 8, 2010 Page 6 express concerns and continuing to meet with the neighborhood and affected property owners. Chair Matthews asked questions about why they had gone so long without a conditional use permit. Mr. Casey explained that Peninsula Community Mental Health was under the impression that they did not need a conditional use permit for a supportive living residence based upon advice from a previous City Attorney. Commissioner Boyle asked if granting the conditional use permit would cause Peninsula Community Mental Health to change any management or policy actions. Mr. Casey stated that they had already made numerous changes. Chair Matthews asked if occupants at the home require different levels of monitoring. Mr. Casey replied by discussing their 24-hour care facility and the transitions patients make between the two facilities. Commissioner Boyle asked if Peninsula Community Mental Health is a for-profit organization. Mr. Casey replied that PCMH is a non-profit organization. Commissioner Boyle asked questions about State cuts and funding. Rosie von Engel, 1301 South 3 rd Avenue, Sequim, WA, spoke on behalf of the local Clallarn County Chapter for the National Alliance of Mental Illness. She thanked the Commissioners for a chance to educate the public on mental illness and described her children's issues with brain disorders. She discussed the issues regarding people not wanting facilities like this in their own backyard and stated that not everyone with a mental illness is a felon. Arlene Engel, PO Box 250, Sequim, WA, provided information on individuals with brain disorders and stated that it is a genetics issue. She was grateful to staff for their positive recommendation and supported the proposal. Betsy Reed Schultz, 1108 South Oak Street,Port Angeles, WA, spoke in support of the facility stating that if PCMH receives support they will become a shining star in our community. Glen Barbieri, 401 East, 5'Street, #117,Port Angeles, WA, has schizophrenia and described his personal history with mental illness. While he understands the general public's concerns about the use, he knows the occupants who live in the house, and he supports approval of the action. Dr. Steven Howarth, 207 West 12'h Street,PortAngeles, WA, stated that he filed the initial inquiry into the residence on 12'h Street. He provided a brief history of the issues and meetings he had with Peter Casey. He believes that Peninsula Community Mental Health and the City of Port Angeles have failed, and wants the people in the house to get better care as well as less police involvement. Vivian Mulligan, 1620 East 5h Street,Port Angeles, WA, Secretary of the Clallam County Chapter for the National Alliance on Mental Illness, described her family's history with brain disorders and stated that not everyone is lucky enough to have a family to take care of them. She stated that the community should not turn these people away and applauded the Planning Commission. Planning Commission Minutes September 8, 2010 Page 7 Barb McFall,PO Box 1746,Port Angeles, WA, described her work with PCMH as a Port Angeles Police Officer. She stated that her concerns stemmed from the house needing to be properly maintained and supervised. Patrick Irwin, 403 South Peabody,Port Angeles, WA, spoke on behalf of his clients, Howard Ruddell and Dr. Steven Howarth. He considered the issue to be what conditions the facility could operate under, not whether the facility should exist. He said that his clients' concerns are that the home operate under needed supervision and that consumers are cared for properly. He discussed licensing requirements for adult family homes and supported living units and asked about the Washington State Department of Social and Health Services (DSHS) licensing requirements. The Washington DSHS staff did not know the licensing requirements, He lodged a complaint with the State over the issue. He stated that there are benefits to the community in having this facility, but it needs to operate in compliance with any State licensing requirements. Mr. Irwin responded to a question from Commissioner Powers by stating that the State needed more time and information on the issue. Deb Reed, 172 7 East Woodhaven Lane,Port Angeles, WA, President of the Peninsula Community Mental Health Board of Directors, spoke regarding issues that Barb McFall raised regarding the facility. Linda Howarth, 207 West 12"'Street,Port Angeles, WA, spoke regarding her professional background as a nurse. She stated that one of the residents of the home had threatened a neighbor child. She was concerned with safety issues relating to the facility. Louisa Monger, 1312 South Laurel Street,Port Angeles, WA also spoke regarding the safety issues related to the facility. Grant Munro, 1765 East Woodhaven Lane,Port Angeles, WA Peninsula Community Mental Health Board member, spoke in favor of the Conditional Use Permit and stated that they will continue their efforts in maintaining the home. Michael Juhas, 302 West 11th Street,Port Angeles, WA, spoke regarding the safety issues at the facility including number of police incidents, a sex offender living at the facility for two months last year, and the proximity of two elementary schools in the area. He asked that the Commission postpone their decision to do further research on the issue. Dawn Saiz, 118 East 8h Street,Port Angeles, WA, Residential Supervisor for Peninsula Community Mental Health, discussed the history of the facility. She stated that these facilities are a necessity in our community and offered to assist neighborhood residents with questions. She can be reached at any time. Becky Daniel, 257516 Highway 101,PortAngeles, WA, stated that her son has schizophrenia and has received excellent care while in residence at the 12'h Street facility. Howard Ruddell, 136 West 12'h Street,Port Angeles, WA, said that it was not an argument about whether this kind of care is needed, but whether the residents of the facility receive proper care. If the facility had been properly managed, a number of recent incidents would likely not have occurred. He asked City staff if Jefferson and Queen of Angels Schools had been notified for the conditional use permit hearing. Finally, he asked that the Commission postpone the issue and thanked the Peninsula Daily News for attending the meeting. Director West replied that Queen of Angels School was notified but that Jefferson School was not because it was not within the 300-foot requirement for notification. Planning Commission Minutes September 8, 2010 Page 8 Julie Calabria, 253 Shadow Lane,Port Angeles, WA, Clinical Director for Peninsula Community Mental Health, spoke in favor of the permit. Mary Benavidez, 41 Shiloh Lane,Sequim, WA, spoke regarding the comments about recent police reports. She stated that not everyone had correct information about incidents at the facility according to the police reports that she has read. Peter Casey, 242 Leprechaun Lane,PortAngeles, WA,Executive Director of Peninsula Community Mental Health, provided information in rebuttal to individual public testimony. He addressed concerns about facility incidents and about whether this is an issue of people not wanting a facility like this in their community. There being no further testimony, Chair Matthews closed the public hearing at 7:42 p.m. Commissioner Bruch began discussion on stipulations regarding the outreach plan and suggested that Peninsula Community Mental Health be required to communicate with the neighborhood at least once a year. She stated that increased communication between PCMH and the neighborhood is important, especially if there are any registered sex offenders. Director West addressed state licensing issues, stating that the State only requires licensing for Adult Family Homes and reiterated that the subject application for Peninsula Community Mental Health is not for that type of facility. The Commission could choose to add conditions regarding communication with the neighborhood, but an additional finding would also need to be added to support such a condition. Commissioner Powers suggested, and Peter Casey agreed, to communicate with the neighborhood at least four times a year. Attorney Bloor stated that it was implicit in the Port Angeles Zoning Code that any operation that needs a conditional use permit must comply with state law in such operation. Chair Matthews discussed the issue surrounding the supervision at the facility as well as communication with the neighborhood. He agreed with Commissioner Powers that regular communication with the neighborhood is necessary and suggested adding this as a condition. Commissioner Bruch agreed with Chair Matthews, but Commissioner Powers had some objections to adding specifics to the conditions. Commissioner Bruch expressed her concerns about Peninsula Community Mental Health's other facilities and if they are having the same issues as this location. Commissioner Powers wondered how the City would be informed if the home is not being maintained properly. Director West stated that the applicant is required to comply with the conditions of approval in maintenance of the site. If the site is not maintained properly, it will likely be either reported or noticed. Chair Matthews suggested adding wording to condition#3 that neighborhood forums be held on a quarterly basis for the first year and semi-annually thereafter. He asked what kind of facility this is,to which Director West replied that it is considered a supportive living residence. Director West noted that the Port Angeles Municipal Code does not currently contain a definition for"supportive living residences", so the City is relying on the State's definition. Commissioner Bruch moved to approve Conditional Use Permit 10-02 with the 4 conditions,26 findings, and 8 conclusions recommended by staff in support of the action. Director West stated that if condition#3 was changed from staff's recommendation, Finding#19 would also need to be modified. Attorney Bloor clarified the rules associated with modifying conditions,findings, and conclusions. The motion died for lack of a second. Planning Commission Minqueps September 8, 2010 Page 9 Director West responded to questions regarding possible modifications to the recommended conditions and findings to address the Commission's concerns regarding timing of outreach forums and state licensing. He recommended taking a short recess to draft the modifications. Chair Matthews recessed the meeting for a break at 8:11 p.m. The meeting reconvened at 8:27 p.m. Following reading the suggested modifications into the record, Commissioner Bruch moved to approve Conditional Use Permit 10-02 subject to the following modified conditions, supported by the following modified findings, and conclusions: Conditions: 1. The conditional use permit is approved for Peninsula Community Mental Health to operate a group home use at 203 West 12 th Street per application identified as Conditional Use Permit CUP 10-02 dated received on July 6, 2010. The use shall include a Resident Aide as described in said application. Any change in the operation of the residence will require prior review by the Planning Commission or the approval shall be deemed invalidated. 2. PCMH will carefully screen clients pursuant to their policy for safety and well being to live in a residential family zone. 3. A neighborhood outreach plan shall be developed that will inform neighbors of the program goals and provide a forum where issues of concern will be addressed by PCMH in operation of the group home use. These forums shall be conducted on a quarterly basis for the first year, and them semi-annually thereafter. The plan shall include a method for reporting a summary of meetings with neighbors and how concerns were addressed, or if any concerns were noted, that will become part of the public record file. The outreach plan shall be provided to the Planning Commission within one month of approval of the permit. 4. The renovated residence will continue to be maintained in the current manner such that it complements other residences in the neighborhood in appearance and character. The off street parking area at the rear of the residence will remain available for residents and visitors. 5. The applicant shall obtain any required State and/or Federal licensing and shall observe all such applicable regulations throughout the proposed occupancy. Findin,zs: Based on the information provided in the Community Development Staff Report for CUP 10-02 dated August 25, 20 10, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: I. On July 6, 2010, Peninsula Community Mental Health(PCMH) applied to the City Department of Community &Economic Development(DCED) for a conditional use permit to allow a supported living home to be located at 203 West 12 th Street in the City's RS-7 Residential Single Family zone. Planning Commission Minutes September 8, 2010 Page 10 2. Group homes and hospices are identified as permitted by conditional use permit in the RS-7 Residential Single Family zone under Section 17.10.040(1) PAMC. Section 17.10.040(R) PAMC allows for other uses compatible with the intent of this Chapter as conditional uses. A supported living home is nearly identical to a group home. 3. A Conditional Use is defined in Section 17.08.020(H) of the PAMC as "a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone." 4. A GroLip Home is defined in Section 17.08.040(C) of the Port Angeles Municipal Code as "... a non-independent, non-family, housekeeping unit in which the residents are assisted by an outside agency or organization. Some examples ofgroup homes include state licensed homesfor the handicapped andphysically disabled, homesfor the mentally ill, hom�sjbr those with developmental disabilities, except that group homes do not include adultfamily homes, supported living arrangements or residential carejacilities. They also include state licensedgroup homesfor residential centersfor rehabilitation jrom alcohol and drugs, and transitional housingfor victims of domestic violence." 5. The proposed living arrangement is described as "supported living"by the Department of Health. WAC 388-101-3000 defines supported living as "instruction, support, and services provide by service providers to clients living in homes that are owned, rented, or leased by the client or their legal representative. 6. Section 17.10.010 of the Port Angeles Municipal Code describes the RS-7 Residential Single Famil zone as a "...low density residential zone intended to create and Y preserve urban singlejamily residential neighborhoods consisting ofpredominantly singlejamily homes on standard Townsite sized lots. Uses which are compatible with andjunctionally related to a singlejamily residential environment may also be located in this zone. " Conditional uses that may be located in the RS-7 zone include but are not limited to accessory residential units, assisted living facilities, child day cares, and churches. 7. A Conditional Use Permit is defined in Section 17.08.020(G) of the Port Angeles Municipal Code as "... a limited permission to locate a particular use at a particular location, and which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest" and further states in(H) of the same section"Conditional Use - a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone." 8. Section 17.96.050 of the Port Angeles Municipal Code provides that"The Planning Commission shall consider applications for conditional use permits for uses specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, are consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use as related to the Planning Commission Minutes September 8, 2010 Page I I specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. In each application the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property." 9. Section 17.96.070(A) PAMC provides"Hearing and Appeal of Conditional or Unclassified Use Permit Applications. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a conditional or unclassified use permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of a Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as provided in PAMC 17.96.140, of the intention to consider at a public hearing the granting of a Conditional or Unclassified Use Permit." The Planning Commission's decision is final unless appealed to the City Council. 10. Conditional Use Permit(CUP 91(6)10) was approved for Peninsula Mental Health to conduct a group home to house teen age girls at 203 West 12th Street on June 12, 1991. The use was approved with conditions. The permit expired in August, 1996. 11. The occupancy of 203 W. 12th Street changed to adults in the mid 1990's. City staff was not informed of the change in occupancy. PCMH staff believed that the City's definition of a"family," found in Section 17.08.035"F"(A) of the PAMC, permitted the occupancy of up to 6 unrelated adults without a conditional use permit. The use went unreported until November, 2009, when neighbors brought the matter to the City's attention and staff contacted PCMH staff. 12. The site is situated in the City's Central Planning Area that is served by all municipal emergency services. 13. The neighborhood is a well-established, completely built out, traditional neighborhood comprised of single family homes mainly on individual lots. The area is commonly referred to as"Cherry Hill" and is identified by the location of the Queen of Angels Church and convent/elementary school (two blocks immediately north of the property), St. Matthew's Lutheran Church and daycare, and Jefferson Elementary School (three blocks east of the-site). A well-established bed and breakfast use is located adj acent to the site north of the 11/12 Alley with other commercial uses located north along 8th Street and south to Lauridsen Boulevard. PCMH's main office facility is located four blocks north on 8th Street from the location. The City's main fire hall is located seven blocks immediately north of the site. 14. The proposed supported living home is located on a single Townsite lot developed as a six-bedroom residential structure. The site is completely fenced and provides parking at the rear. The structure and grounds have been considerably upgraded over the past year such that it blends in well with surrounding residential uses. 15. Consumers of Peninsula Community Mental Health services who will reside in.the home do not live independently. These residents have been diagnosed with mental illness and are in need of some assistance in their daily lives that is provided by Planning Commission Minutes September 8, 2010 Page 12 PCMH. They have either limited or no contact with their families and few social supports. The residents are able to manage their finances, take medication on their own,purchase and prepare food, and perform housekeeping and some residence maintenance activities. PCMH Case Aides and Peer Support Specialists visit the residence 5 —7 days per week to provide coaching in nutrition, hygiene, time management, problem solving, budgeting,transportation, health support, and vocational plans. 16. The applicant has proposed a home where a resident consumer will be trained to be a Residence Aide with responsibility for daily management duties with oversight by PCMH professionals as an in house level of supervision. The Resident Aide will be under the direct supervision of a state-certified Residential Supervisor. The Resident Aide will communicate regularly with residential staff, assist in maintenance of grounds and encourage compliance with house rules. Application information indicates that consumers who occupy this type of group residence do not need 24- hour care but would benefit from in-house supervision. 17. PCMH Director Peter Casey indicated that residents will be screened to ensure that at-risk individuals will not be placed in the residence. PCMH has a policy to s.creen residents for placement within a residential zone given a number of factors including safety and well-being and criminal history. Consumers who do not meet the criteria will not be placed in the residence. Mr. Casey acknowledged that an unfortunate resident placement went unnoticed for many years but when this information was made known to staff, the individual was immediately removed from the residence to a more appropriate location. 18. Although unlicensed for the past 12 years, the home use has been in place and operated by PCMH with little incident for a total of 18 years at the subject location. Mr. Casey and PCMH staff have been working with City staff to bring the use into compliance with local zoning laws and to conduct an outreach program to the neighborhood that will be a forum to identify and address any issues that may arise from the occupancy in the future. 19. Neighbors to the home contacted City staff in November, 2009, to discuss occupancy concerns following a meeting with PCMH staff in October. Neighbors expressed a desire to initiate a neighborhood outreach and education program similar to the condition that was attached to Conditional Use Permit CUP 91(06)10. PCMH Director Casey is aware of the advantages of such a program and agreed to initiate same. In order to fulfill the purposes of the condition, such a forum, held on a quarterly basis, will ensure adequate communication and informed improvement to the program. The previous conditional use permit required monitoring during extension review of the CUP. 20. The Federal Fair Housing Act (FFHA) requires that licensing requirements shall not violate the rights of individuals to reasonable accommodations in zoning practices. Conditional use permits may not discriminate against the handicapped but shall protect their safety as well as the safety of the community in general. Planning Commission Minutes September 8, 2010 Page 13 21. The City of Port Angeles allows for group home use by conditional use permit in all residential zones. Such review is intended to identify emergency service needs and identify particular characteristics of individual neighborhoods. 22. Peninsula Community Mental Health operates under oversight by the Departments of Health(DOH) and Social and Health Services (DSHS). 23. The Federal Housing Authority Act(FHAA) has limited some municipal zoning authority in an effort to avoid stereotyping to achieve community integration. The common policy per FHAA is to require group homes to be distributed throughout the community where residents are able to live in mainstream residential neighborhoods rather than in a cluster of group homes segregated from the rest of the community. Local zoning regulations maintain some authority over locational siting but regulations must be administered similarly to any such group occupancy. 24. The Port Angeles Comprehensive Plan was reviewed it in its entirety in analysis of this application. The goals, policies, and objectives listed in Attachment B to this staff report were found to be the most applicable to the proposed use. 25. Public notification was mailed to property owners within 300 feet of the subject site and posted on the property on July 29, 2010, and August 24, 2010. Notification was placed in the Peninsula Daily News on August 24, 2010, with written comment accepted by September 7, 20 10. Comments provided by neighbors with regard to the use during the written public comment period are attached as Attachment"C"to this staff report. Written comment provided after the close of the written comment period were presented at the public hearing to be included in the record. Those written comments were provided by Arlene Engel, Linda Gorden, Randy Bailey, Rosie von Engel, Kay Snowbrook, Janice Reid, and Betty Brooks. 26. A Determination of NonSignificance was issued for the proposed action on September 8, 2010, per WAC 197-11-3 5 5. This action satisfies the City's responsibility under the Washington State Environmental Policy Act(SEPA). 27. It is implicit in the Port Angeles Municipal Code that all conditional uses must be in compliance with State and Federal law. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 10-02 dated August 25, 20 10, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: A. The use as proposed mirrors the definition of a group home as defined in Section 17.08.040(C) of the Port Angeles Municipal Code and is permissible by conditional use permit in the RS-7 Residential Single Family zone under Section 17.10.040(R) PAMC. , Group homes and supported living arrangements ensure that special needs individuals are afforded reasonable accommodation in their residential living situations and are not clustered in institutional environments when such individuals Planning Commission Minutes September 8, 2010 Page 14 are prepared to live more independently. This practice empowers such individuals to live as capably as possible with responsible supervision. B. The conditional use permit was processed per Section 17.96.050 of the Port Angeles Municipal Code with conditions attached to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. An outreach program will enable the neighborhood an opportunity to participate in the success of the home through familiarity with the residents and knowledge of the procedures of the home. The program will provide an opportunity to communicate before concerns become issues and will ensure the safety and well-being of residents and the neighborhood. D. Registration of group homes and supported living arrangements protects residents and identifies their homes for responders during emergency and general aid calls. Review of the location of group homes and supported living arrangements ensures that the uses will integrate well into residential neighborhoods while providing reasonable accommodation to all groups of people. E. As conditioned, the residence will be maintained in an updated manner consistent with other neighborhood properties and will therefore ensure the retention of neighborhood property values in the single family neighborhood in which the site is located. F. The Residence Aide will be able to quickly respond to any issues that may arise in the residence thereby reducing the need for outside assistance from either the City's emergency services or PCMH employees. Property maintenance skills will benefit group residents and enhance the neighborhood value as a whole. The group home will be supported by PCMH professionals on a daily basis ensuring that the special needs population will be supported. G. As conditioned, the residence will be operated in accordance with the plan and policy of the PCMH. H. As conditioned, the use is in compliance with goals,policies, and objectives of the City's Comprehensive Plan, specifically with Growth Management Element Goal A and Policy A.Ld; Land Use Element Land Use Map, Goals, Policies, and Objectives Goal A, and Policy A.2; Residential Goals, Policies, and Objectives Goal B, and Policy B.1, and Goal C and Policy C.1; Utilities and Public Services Element Goal A and Policy A.3, and Goal B and Policy B.2; Housing Element Goal A. and Zoning Ordinance. The motion was seconded by Commissioner Boyle, and passed 5-0. Late Comments for Peninsula Community Mental Health–CUP 10-02 sent to Planning Commission September 7, 2010 Received from: Arlene Engel Linda Gorden Randy Bailey Rosie von Engel Kay Snowbrook Janice Reid Betty Brooks 4�— t– U(CIT To the Planning Commission, Page 1 of 1 7. Sue Roberds - 12th St.NAMI comments From: "Arlene" To: Date: 9/6/2010 11:26 PM C E H E Subject: 12th St.NAMI comments SEP .0 7 2010 CC: "Arlene" CITY OF PORT ANGELES Dept.of Community Developmeht To the Planning Commission, As a member of the Clallain County Alliance on Mental Illnessand one of the families out of four touched by the devastation wrought on our loved ones by these debilitating conditions, I want to thank you for your decision to grant 12th St. House their permit. It is the decision of NAMI CC to approach this with an attitude toward education. Even though she spoke against the granting of the permit we must thank Barb McFall for her service as a law enforcement officer.Naturally her experience with the "mentally ill"'has been only within the context of cases involving crises or crimes often with alcohol and drugs. We would ask her to remember that to apply an experience of a crime to a neighborhood situation might be leaving out some vital information about.the people involved. They are not the same people as the ones you have been called to as an officer. They have not shown themselves to be a danger. If a Doberman bites you, you might believe every Doberman is a danger. We all know that is not the case. NAMI has created and presents in co-operation with local law enforcement an educational program called Crisis Intervention Training, CIT, serving law enforcement in theirefforts to understand our loved ones. It has been presented here twice. LE personnel are invited into our homes. We chat for an hour or more. They don't bring weapons. Many confess nervousness and fear of the unknown prior to meeting. All express gratitude for new understanding at closure. Both the police and we of NAMI understand that you should not be, but due to a broken mental health system, you have BECOME the first and often only people that can put in motion a process that might save the life of those we love. And we thank you for all you do. I understand that another NAMI member will'be sending the conu-nission some statistics on violence and mental health as well as a listing of three years' worth of police calls to this residence. You will see that the calls reflect the trust.these residents place in the police. Thank you for your work,and for considering this inforination. If you have any questions on these conditions,recent legislation affecting your work or about ICT please call our President at 360-683- 3496. file-HCADocuments and SettinQs\sroberds\Local Settings\Temp\YPgrpwise\4C85-78B9])O... 9/7/2010 To the Planning Commission, As a member of the Clallarn County Alliance on Mental Illness and one of the families out of four touched by the devastation wrought on our loved ones by these debilitating conditions, I want to thank you for your decision to grant 12 th St. House their permit. It is the decision of NAMI CC to approach this with an attitude toward education. Even though she spoke against the granting of the permit we must thank Barb McFall for her service as a law enforcement officer. Naturally her experience with the "mentally ill"has been only'within the context of cases involving crises or crimes often with alcohol and drugs. We would ask her to remember that to apply an experience of a crime to a neighborhood situation might be leaving out some vital information about the people involved. They are not the same people as the ones you have been called to.as an officer. They have not shown themselves to be a,danger. If a Doberman bites you, you might believe every Doberman is a danger. We all know that is not the case. NAMI has created and presents in co-operation with local law enforcement an ,educational program called Crisis Intervention Training, CIT, serving law enforcement in. their efforts to understand our loved ones. It has been presented here twice. LE personnel are invited into our homes. We chat for an hour or more. They don't bring weapons. Many confess nervousness and fear of the unknown prior to meeting. All express gratitude for new understanding at closure. Both the police and we of NAMI understand that you should not be, but due to a broken mental health system, you have BECOME the first and often only people that can put in moti.on a process that might save the life of those we love. And we thank you for all you do. I understand that another NAMI member will be sending the commission some statistics on violence and mental health as well as a listing of three years' worth of police calls to . this residence. You will see that the calls reflect the trust these residents place in the police. Thank you foryour work and for considering this information. If you have any questions on these conditions, recent legislation affecting�your work or about ICT please call our President at 360-683-3496. E C E V E SEP .0 7 2010 CITY OF PORT ANGELES Dept.of Community Developmeht Commissioners, I support and applaud yourdecision to grant 12'h St. House a conditional use permit. I am commenting on the letter submitted by Platt/Irwin.Law firm for Howard Ruddell and Dr. Stephen Howarth. I carefully examined the police reports they provided. Nowhere in them could I find evidence of what Irwin/Platt calls, on pg. 2 " a full and violent breakdown of one of the residents". By the way; a full and violent breakdown is not against any law unless someone or thing is injured. There is a report of a short fight between two of the residents which resolved with them returning to their rooms and one of a resident twisting.the kitchen faucet upside down. It is this continuous, insensitive and inaccurate reporting full of sensational wording, purposefully used to raise'emotion that perpetuates thefear and stigma leading to the loss of housing,the discontinuation of treatment,huge expenditures of revenue and even to the loss of the lives of our loved ones. Irwin/Platt denigrate the residents of the house and all persons struggling with these disabilities in using their calls to 911,many of which are due to the confusion that comes. with the conditions and a familiarity with the police as a source of information and comfort, as evidence against them. Mr. Ruddell. Your name is everywhere. It is supposed to stand for integrity in this community. And Doctor Howarth, your title implies ethical responsibility; shame on you both. It is not in the least funny or clever or ethical to use� behaviors of people suffering a thought disorder their symptoms as evidence against them. Can you say that a sneeze is evidence that a cold-sufferer is violent? Should a 90 year old resident of the neighborhood who has lived there 12 years start to hear voices or wonder where her children are and call 911 about her confusion, seeking only help, would we use this as evidence of her unsuitability as a neighbor or friend?I think not. The difference lies in your prejudice alone. May you never, Irwin, Platt, Ruddell or Howarth know the terrible pain we feel when one of our fellow sufferers is further wounded by what amounts to pure ignorance and bigotry, Please re-think your assumptions. E 14 E Randy Bailey 685 Draper Rd. P.A. SEP �O 7 2010 TY 4526304 CITY OF PORT ANGELES t.of Comm J)m NDept.of Community Developmeht Sept 6 th 2010 ECE9VE City of Port Angeles SEP .0 7 2010 Planning Commission 1h CITY 0 RTANGEL S Dept.ofCom unity Development Re: 12 1 St. House Please accept this letter to the editor as my statement supporting your decision to grant the conditional use permit. Thank-you. Whether led by your wallet or your heart of compassion I urge you to read this letter then attend the Port Angeles Planning Commission meeting at 6 P.M., September 8th at the City Council Chambers located at 321 E. 5 th Street. We live in the year 2010 not 1710 or 1910 but 2010 where the end of bigotry is sought and where culture has assumed the mantle of, at least a tolerance for other's differences. Judging others by race or creed, color or sexual orientation is slowly becoming unacceptable and, at points, mandated by law. One last horrible bigotry remains. It is the persecution and vilification of persons whose misfortune it was to have come down with a physical condition that society deems unacceptable; creates of them a pariah: monsters to be hidden from view or exterminated. Called the mentally ill, they are used by writers for television plots, writers of newspapers and books to sell their products by using misinformation to frighten us. These are humans afflicted by a condition that is highlymanageable like diabetes or heart disease; humans less likely to harm you than your "normal"neighbor; most likely to harm themselves to stop their terrible pain. For people suffering from behavioral or thought disorders the days of locked metal cages over the head, forced lobotomies and straight jackets are only a little behind them. Culture is changing, oh, so slowly.for our loved ones. Prejudices and bigotries have been shown the door. Still, there are some who refuse to walk thru that door leading to life, liberty and the pursuit of happiness for ALL. I have found that most things that bother me about others are based in my own ignorance. At thi's meeting there will be people who believe that they are somehow better than others, more deserving of getting what they want than others. They object to the looks,the mannerisms, the comings and going of a group of good people who arie trying to regain lives so cruelly snatched from them by a quirk of genetics and chance. This handful of citizens who wish to makehomeless the residents of 12 1h Street House, are missing some information. I hope that many of you who read this will be at this meeting to help educate them and the planning commission about not only the human costs of denying this petition; the cost to the reputation of this community as a welcoming and caring place, but the costs financially to this community which will far exceed the cost of the present situation. They are astronomical and come from your pocket. A disposable camera,,thrown in the garbage isn't really disposable. It lingers in and affects the environment. A Human Being is not disposable and if treated as such will linger in memory and affect the world just as you do through the simple act,of Being.. Statistics reveal that out of four people, one will be touched by these varied neuro- chemical conditions. Of those who object to the people of 12th Street, some will be stricken with Parkinson's. The specter of dementia or late-life depression looms over us all. Isn't our greatest fear in aging that we will have to leave the safety of our homes? The DSM, Diagnostic and Statistical Manual,the bible of the Mental Health profession, lists at least 150 separate diagnosis' ranging from shyness to erectile dysfimction to full- blown schizophrenia. When the 12t" street house is reoccupied will we know if an alcoholic thief has moved in? an upstanding businessperson who abuses.a spouse or child?A concerned, community-minded person whose computer is filled with pornography?No, we will not. And the people forced out onto the street? Who are they? The rape victim made homeless by posttraumatic stress who found a safe place to live? The young woman who lost her .family and home due to post-partum depression?The veteran returning from three tours in Iraq whose nightmares led him to.substance abuse and attempted suicide and was saved by the bed you now take from him? Or are they the son or daughter of one of your friends who,never told you,mistakenly ashamed that a breakdowncost their child their .University scholarship? I have heard of people who bought a home directly beneath a flight pathway into a nearby airport only to gather in righteous indignation to petition the airport to move. I now know of a group of people who have lived for more than two years in the presence of their 12 th Street neighbors who suddenly decide that they are undesirables, second- class citizen who can be put aside as one would shoo away a stray. These residents are guided by their commitment to recovery and are supported by and closely supervised in their recovery by Peninsula Mental Health. That agency follows strict guidelines in the operation of the house mandated by State and Federal law designed for the safety of the residents and the community. You couldn't have better neighbors. PI,ease join us. Even if you want to keep your opinion to yourself, sheer numbers speak volumes to decision-makers. If you wish, 5 minutes will be given to you to express your views. It's your money. It's your fellow human being. Rosie von Engel Member Clallam County Alliance on Mental Illness Sept. 6", 2010 Commissioners, As a member of the National Alliance on Mental Illness and NAMI Clallarn County I wish to thanks you for your positive recommendation regarding 12 1h St. House. My thanks, too, to Betsy Schultz, owner of the Tudor Inn Bed and Breakfast, for her intelligent support of the permit. Her testimony carries great weight Due to her 26 year career working with the population residing at 12 1h.St.,her testimony carries great weight. Questions raised by neighbors about Peninsula Mental Health being remiss in the running of the group home are shown to be in error by her letter. In it she also makes a point about the irrefutable fact that the State has laws in place to protect these folks' right to an inclusive and normal living environment. We thank the commission for considering her very educational letter. Please grant a NAMI representative to speak on my behalf. Kay Snowhook 91 Peterson St. Sequini 582-1598 [SEP .0 7 2010 CITY OF PORT ANGELES Dept.of community Development September 6, 2010 To the Planning Commission and Joe and Naomi Denhart, 1, and the Alliance on Mental Illness, want to thank you for what we think of as an enlightened decision. Naomi and Joe Denhart's awareness that mental wellness is a gift and can be taken away from anyone at any time is so very poignant. We wish that all who fear our loved ones might see that they and their families are as susceptible to these disorders as anyone else. The Denhart's letter clearly illustrates that any neighborhood can be hit by a tragedy of any type. I One in four families are affected by the simple fact that the human brain, like the heart, lungs,kidneys or liver is a bodily organ. Something can go wrong with it. If, in the future, your grandchild, father or college roommate mate descend into the dark world of altered thinking and bizarre behaviors, symptoms of a medical condition,NAMI will be there for you. In home visits from law enforcement officers during a NAMI sponsored Crisis Intervention Training, we learned that even those who protect us are not protected from brain illness and that some of these fathers, wives and siblings knew personally the terrible nature not only of the condition but the public's hurtful judgment of them. We hope that our comments today will shift your perceptions toward greater understanding of the worlds we live in. Every little ste will clear away some of the �Ip darkness. Janice Reid 503 W. 4ffi P.A. RREHE 452-4351 SEP 0 7 2010 CITYOFPC)RTANGE ES Dept.of Community Le�� To the Commissioners, September 6 1h 2010 Thanks for recommending that the permit be granted 12 1h St. House. I and the County Alliance on Mental Illness wish to thank Ardis O'Hara for supporting the granting of it as well and for" loving thy neighbor as they self." He and his cousin, another 12th Street homeowner witness to the positive character of the home and the residents of 12 1h St. House. Their input makes it clear that they have been"good neighbors since 1998". Betty Brooks 103 Curtis Lane Sequim,Wa. IUJ 683-7740 SEP 0 7 2010 L J CITY OF PORT ANGELES Opm EDept.of Community DeLv5opmeht Commissioners, One Of the most important missions of The Alliance on Mental Illness both Nationally and Countywide is to educate. We are so pleased at your recommendation. It indicates an educated decision-making process, -something we greatly appreciate in our elected officials. Because we work toward fair treatment and fo*r the rights of our loved ones, we honor the right of others to their opinions. We thank Sandra Fisher for being open about her feelings. We hope also that she will realize that this is not a proposed home but a home in existence for over 10 years. We want to quiet the fears that T.V. and movies put in us by portraying our kids, spouses onfriends as,nothing but violent people. Nothing could be , further from the truth. In later comments you w ill hear that statistically, those with these conditions are many times more likely to be a victim of a crime than she is. In her letter.to you we see what we see so often;'that people's certainty about their beliefs is often grounded in mistaken or second.or third-hand information. Rumors of a resident pedophile came to her-from a woman she babysat for who. heard it from a friend who heard it from an employee of Peninsula Mental Health. We would like to share with her some much more reliable information: The U.S. Dept. of Justice National Irist.itute of Justice magazine, Research Preview in a summary of a presentation by John Monahan,PhD, U of Virginia Law School looked at Mental Illnes's and Violent Crime. You will,recall that this is the University where the young man suffering from an UNTREATED mental health condition shot and killed so many young people. The firidinors are important to all of us in the re-establishing of a sense of safety in community. 1,000 subjects released from acute care and 5 00 residents of Pittsburgh were compared. Violence rates of the general population were com ated to those with a diagnosis'. P Violence could not be predicted unless the following were considered in both cases, general public and the "MX': personality and disposition, age, gender ethnicity, zuiger control, impulsivity, history of child abuse, work history, history of violence, history of violence in the family, hospitalizations, history for mental disorder, environinental stressors, social support or lack thereof, weapons interest and accessibility, substance abuse, medical.conditions. In other words, each person with or without a thought disorder, is an individual; a multi-faceted entity too complex to judge without a great deal of information., Sandra, we hope that since you had no obj ecti.ons to a 12' St. House resident moving into your other neighbor's home you might get to know the.residents and come to understand much more about them as human.beings. Our wish is that you know that under treatment, you are as safe around them as you are around any stranger you might meet Statistics from the American Psychiatric Association show that persons with these conditions are : I I times as likely as the general public,to be a victim of a violent crime. That'S 1/4of the M.I. population. They are 8x as likely to be'robbed, 15x more likely to be assaulted and 23x more likely tobe raped. Theft of property from persons is rare in the general population at,0.2 %but our loved ones are 140x more at risk.2 I% of them are stolen from. Please call us to learn more and to set your heart at ease. Margie A�lgren. . 461-3 8 5 9. 1 can't be there but let a NAMI person speak for me. Sept. 6, 2010 Commissioners. Thanks to you for you positive decision regarding 12' St. House's permit. I am a member of the-National and Clallarn chapters of the Alliance on Mental Illness. In the name of education I ask to address some of the statements made by Caldwell Banker's Certified Residential Specialist, Jean Irvine. Jean, you are a very involved community member. To be well informed is a requirement and responsibility of any specialist at work in a city.. We who live with mental health conditions daily, yearly, for a lifetime are also specialists. Together we know w- ell- researched facts about the many conditions that can hit.the brain and would like you to know more. None of us ever thought this thing would enter our lives. If it hits your family you will be stunned not only by.what happens to the person you love but by the cutting cruelty of the world's response to them. We have found that the best thing we can do is keep abreast of news and research that affects the rights and lives of those we serve then act to make things better. The Caldwell Banker's websight reflects their attitudes about non-discrimination in housing. Their website has an entire link devoted to FAIR HOUSING practices. You state in your letter to the commissioners that you would not have encouraged people to buy houses if you had known of this group home. That shows you to be- compassionate for your buyer at the expense of your own income. We hope we can extend your compassion by asking you to examine more closely why you would not want to -encourage a sale because of the presence of this group home? What is it that you know about the individuals who live here that makes it inadvisable to live beside them? Where did you get your information? Is it the policy of Caldwell Banker to exercise such discrimination? That the house was operative for 12 out of your 24 years in real estate and you remained unaware of it doesn't fault the city. Full disclosure is a part of the sales process is it not? This requires that you know the-house and the surrounding homes as well, does it not? If such lack of awareness on your part-exists might it be that your lack of education regarding the many facets and manifestations of brain disorders may also need updating? In your mind what is the connection between people with bi-polar disorder or OCD or post-traumatic stress and them not being allowed to live within 2 blocks of a church or a school? What fact-based research did you study to make that statement on Company letterhead? Is it Caldwell Banker Policy.to rout out"undesirables"? Or could these words have been bom of a your hidden prejudice that,now uncovered, needs rethinking? You state the public should be made aware of the "type" of residents living at 12t' St. House. How many of us would stand the insult of a neighborhood committee asking people who know or know of you, privately and publicly, the type of person YOU are so they can decide if you deserve or are safe enough to live near their homes or be around their children or place of worship?Do people with these conditions not attend church like you do?Are some of them not parents? Page 2, Caldwell Banker If the presence of pedophiles in a neighborhoods influences your sales I am surprised that as a Resident Specialist you have not made yourself fully aware of Washington State law concerning the very strict disclosure rules concerning them and their living arrangements. Jean, as a public businessperson people trust what you tell them. They believe what you, say. They assume that you operate from ethical underpinnings. When you make a statement on company letterhead and as a professional of the community that the public should be "protected" in the context of the mentally ill you are implying that the fact is, the mentally ill are dangerous and that the public is somehow not safe if they are around. them. In doing so you are perpetuating a prejudice and stigma that harms and misinforms. We all know.that education makes all the difference. NAMI wants to help. If you feel you and your company and clients could benefit, we can steer you toward information that will help you make a sale right next,door to 12' St. and have the new buyer look forward to meeting their neighbors. Perhaps you can then, having become the rare specialist in this subject,teach other realtors the true facts about living with or near people who have brain chemistry anomalies. Sincerely, Mary Benevidez 41 Shiloh Lane Sequim 681-8455 NO. 1277 CITY OF PORT ANGELES DETERMINATION OF NON SIGNIFICANCE Description of Proposal: A conditional use permit to allow a group residency/supported living use in the RS-7 Residential Single Family zone for six consumers of a social service agency. APPLICANT: PENINSULA COMMUNITY MENTAL HEALTH Lead Agency: City of Port Angeles The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date of issuance. Comments must be submitted by_ at which time the DNS may be retained, modified, or withdrawn. There is no comment period for this DNS. X This DNS is issued per WAC 197-11-355. There is no further comment period. September 8, 2010 Date Nathan West, Director Community & Economic Development You may appeal this determination to the Port Angeles City Council through the Department of Community.& Economic Development, 321 East Fifth Street, Port Angeles, WA, 98362, by submitting, such written appeal to the Department no later than September 23, 2010. You should be prepared to make specific factual objections. Responsible Official: Nathan West,Director of Community and Economic Development, City of Port Angeles, 321 East Fifth Street,P.O. Box 1.150, Port Angeles, WA 98362,phone (360)417 - 475 L PUb NA Post: NA Mail to DOE: 9/8/10 Page I of I Sue Roberds -Re: PCMH From: Peter Casey To: Sue Roberds Date: 9/6/2010 7:05 PM Subject: Re: PCMH Sue, I don't have any questions. Again, thanks for all your help and enjoy your time away from the office. Peter On 9/6/2010 10:09 AM, Sue Roberds wrote: Dear Peter: Thank you for your comments and review of the materials. When I read the Police reports and thought about the comments that have been made throughout this process regarding neighborhood concerns, and in speaking with Police personnel, I quickly realized what the root of some of the issues might be. The multitudes of calls are largely not the type of calls that emergency responders need to be called to resolve. When Police arrive, it is disruptive because neighbors don't know that the issues aren't really critical. Better management of this issue will go along way toward resolving concerns and dealing with more significant issues if there are any. I was a bit hesitant to suggest, but it seemed the right thing to do. Glad you agree. Do have the outreach plan ready for discussion. Although it is not truly a land use matter, it was part of the analysis. It was a component of the earlier CUP approval that allowed an opportunity to address concerns before they become issues, and I believe it is a good tool. Please let me know if you have any other questions by Tuesday afternoon as I won't be at the hearing. I have a previously planned out of town event to attend. I hoped this matter would be taken care of in August leaving me free to go without dumping this on other staff. Nathan will be handling the meeting and I'm sure it will go smoothly what with the outreach plan and your attention to the matter of process in dealing with emergency call situations. Sincerely, 15uc 901berd5 Planning Manager City of Port Angeles,WA (360)417-4750 sroberds(akityofpa.us file:HC:\Documents and Settings\sroberds\Local Settings\Temp\XPgrpwise\4C853B85DO... 9/7/2010 From: "O'Leary, Anthony P (DSHS/HRSAIDBHR)" <AnthonyO@dshs.wa.gov> To: <sroberds@cityofpa.us> Date: 9/3/2010 1:31 PM Subject: Aging and Disability Services Information for Professionals Here is a link to the DSHS-Aging and Disability Services Administration Residential Care Services web site: http://www.adsa.dshs.wa.gov/professional/rcs.htm As I read this, I agree with you -the residence does not meet the definition of a"facility"that needs to be licensed by the state. Let me know if I can be of further help. Tony O'Leary, LMHC Mental Health Program Administrator DSHS/Division of Behavioral Health and Recovery 360-725-2148 anthony.oleary@dshs.wa.gov 'ELES 0-,�Ril-T', NG P A� WASH INGTON, U. S. A. C I OMMUNITY & ECONomic DEVELOPMENT DEPARTMENT -ACT--, Group Homes Peninsula Regional Support Network: Richard Van Cleave Group Home License: Only required if housing clients diagnosed with disabilities severe enough to require 24hr supervision. Supported living very common now (he has mostly seen it in apartment complexes, but there are no special rules about what kind of housing supportive living can be provided in). Clients will be placed in the least restrictive housing environment available. Dual Dia2nosis: The question of dual diagnosis (mental disorder along with a drug or alcohol dependency) was brought up in a letter. There are no regulations as to the type of housing persons with dual diagnosis live. Chemical dependency centers have a very low tolerance for clients with mental disorders, as they are not staffed to treat these conditions. This means the mental health professionals treat those clients. WAC 388-101-3000 Definitions "Supported living" means instruction, supports, and services provided by service providers to clients living in homes that are owned, rented, or leased by the client or their legal representative. LF Er S WASH INGTON, U. S. A. DEPARTMENT OF COMMUNITY& ECONOMIC DEVELOPMENT TO: Planning Commission FROM: Sue Roberds, Planning Manager DATE: August 25, 2010 RE: Conditional Use Permit- CUP 10-02 APPLICANT: Peninsula Community Mental Health OWNER: SAME LOCATION: 203 West Twelfth Street REQUEST: A supported living arrangement in the RS-7 Residential Single Family zone PROPOSAL: The application is to allow a supported living arrangement in the RS-7 Residential Single Family zone under Section 17.10.040(R) of the Port Angeles Municipal Code. The home is intended to be the residence of individuals who are served on a daily basis by employees of the property owner, Peninsula Community Mental Health(PCMH). PCMH provides housing for individuals who have been diagnosed with mental illness. PCMH refers to these individuals as "consumers" and we will,therefore, use that reference in this report as well. Althou h these 9 consumers benefit from structure and need some assistance with community integration and their activities of daily living, they function in healthy, constructive ways with considerable independence. With periodic assistance, they manage their finances, take medication on their own, purchase and prepare the food they eat, wash their own clothes, and clean their living space. The main goal is to provide a living setting that will allow each resident to strengthen their self-sufficiency skills so that in time they can transition to more independent housing. Consumers who will reside in the home are the most independent of those served by PCMH and it is hoped that the locating of these individuals in single family neighborhoods will solidify their ability to remain relatively independent of more supervised living situations. An in-house consumer supervisor (Residence Aide) will oversee the home. Individual consumers are in a transitional stage between constant supervision and more independent living. Licensed Peer Support Specialists and Case Aides employed by PCMH monitor residents 5 - 7 days a week to provide coaching in nutrition, hygiene, time management, problem solving, budgeting, transportation, health support, and vocational plans. PCMH stated 0 0 Conditional Use Permit-CUP 10-02 Page 2 August 25,20 10 that these consumers do not meet the criteria for higher levels of non-independent living that requires 24-hour staffing. NEIGHBORHOOD CHARACTERISTICS: The subject location is situated in the City's Central Planning Area. The site address is 203 West 12th Street. The neighborhood is a well-established, completely built out, traditional neighborhood comprised of single family homes mainly on individual lots. The area is commonly referred to as "Cherry Hill" and is an area identified by the Queen of Angels Church and convent/school located in the neighborhood two blocks immediately north of the subject site. Jefferson Elementary School is located three blocks east of the site at the comer of 13th and Lincoln Streets. A well-established bed and breakfast use is located adjacent to the site north of the 11/12 Alley with other commercial uses north along 8 1h Street and south to Lauridsen Boulevard. PCMH's main office facility is located four blocks north on 8 1h Street from the location. BACKGROUND: In 1991, PCMH purchased the subject property and applied for a conditional use permit to operate a group home at the subject location. Conditional Use Permit CUP 91(06)10 was approved to operate a group home housing adolescent girls who would be supervised 24 hours a day. Twenty-four hour care was provided because the girls were underage; there was no history of mental illness. The conditional use permit was issued on June 12, 199 1, by the Planning Commission. That approval was upheld following an appeal to the City Council in October of that year. Subsequent reviews allowed extensions to August, 1996. The application process included a great deal of neighborhood input and outreach. PCMH decided to discontinue operating a group facility for the teenagers and the conditional use permit was allowed to lapse in favor of a residence for adult consumers. Staff was not aware that occupancy of the group home had changed until informed in late 2009 by concerned neighbors. When questioned about the change in occupancy, PCMH staff indicated that they believed if the occupants did not exceed 6 unrelated persons, the occupancy would be considered a family by City definition and did not need a CUP. However, since the consumers do not live independently (a key component of the definition of a family), the use remains similar to a group home as defined by the PAMC. PCMH collects a fee dependent on what the consumer can afford for assistance including rent. PUBLIC COMMENT: Public notification was mailed to property owners within 300 feet of the subject site and posted on the property on July 29, 2010, and August 24, 20 10. Notification was placed in the Peninsula Daily News on August 24, 2010, with written comment accepted by September 7, 2010. Written comments submitted are attached to this staff report as Attachment C. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: In a community, individual values often clash and indeed must confront each other. Good planning identifies and supports the values we share as a community. The City's Comprehensive Plan identifies residential, land use, and social policies that are intended to guide planning decisions 0 0 Conditional Use Permit-CUP 10-02 Page 3 August 25,20 10 that enable diversity while retaining a sense of security and place in individual neighborhoods. The overall good of the community and its citizens is the primary goal. The goals,policies, and objectives of the City's Comprehensive Plan are used as the basis for development within the City. The Zoning Ordinance provides the tools that enable the goals, policies, and objectives of the Comprehensive Plan to be put into place throughout the community. The City's Comprehensive Plan was reviewed in its entirety in consideration of this proposal. Citations found to be most appropriate to the subject proposal are listed in Attachment"B"to this staff report. Each zone within the City includes a definition of its specific purpose and intent to further the goals of the City's Comprehensive Plan. Activities that are expected in each zone are listed as well as conditional uses that have been predetermined to be permitted with conditions to ensure that such uses do not conflict with the purpose and intent of each zone. Over the years, conditional uses have been included that ensure consistency with evolving state laws. The purpose and intent of the RS-7 Residential Single Family zone in which this use is proposed is as follows: (Section 17.10.010) "... a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard townsite-size lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally..." A"family" is defined in Section 17.08.03 5 (A) PANIC as "... oneperson or two or more legally relatedpersons living together, or not more than six unrelatedpersons living together as a single, nonprofit, housekeeping unit;provided that there shall not be more thanfour unrelated persons living together with legally relatedpersons as a single, nonprofit, housekeeping unit. A "conditional use permi " is defined in Section 17.08.020(G) of the Port Angeles Municipal Code as "... a limitedpermission to locate a particular use at a particular location, and which limitedpermission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest" and further states in(H) of the same section that "Conditional Use - a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. " A.groU home is permitted under Section 17.08.020(G) PANIC as a conditional use in the RS-7 zone. Group homes are defined as: "... a non-independent, non-family, housekeeping unit in which the residents are assisted by an outside agency or organization. Some examples ofgroup homes include state licensed homesfor the handicapped andphysically disabled, homesfor the mentally ill, homesfor those with developmental disabilities, except that group homes do not include adultfamily homes, supported living arrangements or residential carefacilities. They also include state licensed group homesfor residential centersfor rehabilitation ftom alcohol and drugs, and transitional housingfor victims ofdomestic violence. The applicant has described a use very similar to the PANIC definition of a group home cited above. The living arrangement is described as "supported living"by the Department of Health. In the Washington State Administrative Code (WAC) 388-101-3000, "supported living" is defined as "instruction, supports, and services provide by service providers to clients living in homes that are owned, rented, or leased by the client or their legal representative." The City of Port Angeles Municipal Code does not specifically define "supported living." Since this living arrangement is nearly identical to the PANIC definition of a group home cited above, Staff 0 0 Conditional Use Permit-CUP 10-02 Page 4 August 25,20 10 concludes that it is consistent with the intent of the RS-7 zone. Thus, the home is permitted pursuant to 17.10.040(R)PAMC, which allows "Other uses compatible with the intent this chapter" (RS-7 zone) as a conditional uses. The applicant has proposed that a Resident Aide position be developed whereby a resident consumer will be responsible for daily management duties with oversight by PCMH professionals as in-house supervision. The Resident Aide will be under the direct supervision of a state certified Residential Supervisor working for PCMH. The Resident Aide will reside in the residence, communicate regularly with residential staff, assist in maintenance of grounds and encourage compliance with house rules. The Resident Aide will be able to quickly respond to any issues that may arise in the residence thereby reducing the potential for disruption or assistance from either the City's emergency services or PCMH counselors. Application information indicates that consumers who occupy this type of group residence do not need 24- hour care but would benefit from in house supervision by a Resident Aide. Staff has spent a great deal of time speaking with neighbors and licensing agencies regarding the use, its past operation, and future expectations. A meeting was held in preparation for consideration of the application with Board Members of Peninsula Community Mental Health to better understand the need and operation of the residence. As a conditionally permissible activity in the RS-7 zone, it is important to focus on conditions that would ensure neighborhood outreach, establish operational characteristics, and provide structure for the living activity. PCMH Director Peter Casey said that PCMH has a policy that screens individuals prior to placement in this residence based on their level of competence, independence, and criminal history. Residents who do not meet PCMH screening criteria will not reside in the home. In researching this type of residence, staff learned that the expectation in supported housing is to provide an independent living setting with minimal support that will allow each resident to transition to housing that is independent of the mental health center over time. This practice has evolved from an effort to deinstitutionalize people with mental illness and is overseen by the Departments of Health and Social and Health Services. Staff was also informed by an employee of the Regional Services Network(the PCMH oversight funding management service) for this area that consumers are largely people who live here and not consumers from other counties. STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW: A Determination of NonSignificance was issued for the proposed action on September 8, 2010, per WAC 197-11-355. This action satisfies the City's responsibility under the Washington State Environmental Policy Act (SEPA). Attachments: A. Conditions,Findings,and Conclusions B. Comprehensive Plan Citations C Written public comment letters D. Application Conditional Use Permit-CUP 10-02 Page 5 August 25,20 10 ATTACHMENT A RECOMMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS The Planning Division recommends the Planning Commission approve Conditional Use Permit CUP 10-02 based on the following 4 conditions, 26 findings and 8 conclusions in support of the action: Conditions: I The conditional use permit is approved for Peninsula Community Mental Health to operate a group home use at 203 West 12 th Street per application identified as Conditional Use Permit CUP 10-02 dated received on July 6, 2010. The use shall include a Resident Aide as described in said application. Any change in the operation of the residence will require prior review by the Planning Commission or the approval shall be deemed invalidated. 2. PCMH will carefully screen clients pursuant to their policy for safety and well being to live in a residential family zone. 3. A neighborhood outreach plan shall be developed that will inform neighbors of the program goals and provide a forum where issues of concern will be addressed by PCMH in operation of the group home use. The plan shall include a method for reporting a summary of meetings with neighbors and how concerns were addressed or if any concerns were noted that will become part of the public record file. The outreach plan shall be provided to the Planning Commission within one month of approval of the permit. 4. The renovated residence will continue to be maintained in the current manner such that it complements other residences in the neighborhood in appearance and character. The off street parking area at the rear of the residence will remain available for residents and visitors. FindiLigs: Based on the information provided in the Community Development Staff Report for CUP 10-02 dated August 25, 2010, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. On July 6, 2010, Peninsula Community Mental Health(PCMH) applied to the City Department of Community & Economic Development(DCED) for a conditional use permit to allow a supported living home to be located at 203 West 12'h Street in the City's RS-7 Residential Single Family zone. 2. Group homes and hospices are identified as permitted by conditional use permit in the RS-7 Residential Single Family zone under Section 17.10.040(l) PAMC. Section 17.10.040(R) PAMC allows for other uses compatible with the intent of this Chapter as conditional uses. A supported living home is nearly identical to a group home. 3. A conditional use is defined in Section 17.08.020(H) of the PAMC as "a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. Conditional Use Permit-CUP 10-02 Page 6 August 25,2010 4. A Group Home is defined in Section 17.08.040(C) of the Port Angeles Municipal Code as "... a non-independent, non-family, housekeeping unit in which the residents are assisted by an outside agency or organization. Some examples ofgroup homes include state licensed homes for the handicapped andphysically disabled, homesfor the mentally ill, homesfor those with developmental disabilities, except that group homes do not include adultfamily homes, supported living arrangements or residential carejacilities. They also include state licensed group homesfor residential centersfor rehabilitation ftom alcohol and drugs, and transitional housingfor victims of domestic violence. " 5. The living arrangement is described as "supported living" by the Department of Health. WAC 388-101-3000 defines supported living as "instruction, supports, and services provide by service providers to clients living in homes that are owned, rented, or leased by the client or their legal representative." 6. Section 17.10.010 of the Port Angeles Municipal Code describes the RS-7 Residential Single Family zone as a"...low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite sized lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone." Conditional uses that may be located in the RS-7 zone include but are not limited to accessory residential units, assisted living facilities, child day cares, and churches. 7. A conditional use permit is defined in Section 17.08.020(G) of the Port Angeles Municipal Code as "... a limitedpermission to locate a particular use at a particular location, and which limitedpermission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest" andfurther states in (H) of the same section "Conditional Use - a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. " 8. Section 17.96.050 of the Port Angeles Municipal Code provides that "The Planning Commission shall consider applicationsfor conditional use permitsfor uses specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, are consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. In each application the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and we�fare, and to prevent depreciation of neighboring property. 9. Section 17.96.070(A) PAMC provides "Hearing andAppeal of Conditional or Unclassified Use Permit Applications. Notice and Rearingfor Conditional or Unclassified Use Permits. Upon filing an application for a conditional or unclassified use permit in which the application setsforthfully the groundsfor, and thefacts deemed tojustify, the granting of a Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as Conditional Use Permit-CUP 10-02 Page 7 August 25,20 10 provided in PAMC 17.96 140, of the intention to consider at a public hearing the granting of a Conditional or Unclassified Use Permit." The Planning Commission's decision is final unless appealed to the City Council. 10. Conditional Use Permit(CUP 91(6)10)was approved for Peninsula Mental Health to conduct a group home to house teen age girls at 203 West 12th Street on June 12, 1991. The use was approved with conditions. The permit expired in August, 1996. 11. The occupancy of 203 W. 12 Ih Street changed to adults in the mid 1990's. City staff was not informed of the change in occupancy. PCMH staff believed that the City's definition of a "family," found in Section 17.08.035"F"(A) of the PAMC, permitted the occupancy of up to 6 unrelated adults without a conditional use permit. The use went unreported until November, 2009, when neighbors brought the matter to the City's attention and staff contacted PCMH staff. 12. The site is situated in the City's Central Planning Area that is served by all municipal emergency services. 13. The neighborhood is a well-established, completely built out, traditional neighborhood comprised of single family homes mainly on individual lots. The area is commonly referred to as "Cherry Hill" and is identified by the location of the Queen of Angels Church and convent/elementary school (two blocks immediately north of the property), St. Matthew's Lutheran Church and daycare, and Jefferson Elementary School (three blocks east of the site). A well-established bed and breakfast use is located adjacent to the site north of the 11/12 Alley with other commercial uses located north along 8th Street and south to Lauridsen Boulevard. PCMH's main office facility is located four blocks north on 8 th Street from the location. The City's main fire hall is located seven blocks immediately north of the site. 14. The proposed supported living home is located on a single Townsite lot developed as a six-bedroom residential structure. The site is completely fenced and provides parking at the rear. The structure and grounds have been considerably upgraded over the past year such that it blends in well with surrounding residential uses. 15. Consumers of Peninsula Community Mental Health services who will reside in the home do not live independently. These residents have been diagnosed with mental illness and are in need of some assistance in their daily lives that is provided by PCMH. They have either limited or no contact with their families and few social supports. The residents are able to manage their finances, take medication on their own,purchase and prepare food, and perform housekeeping and some residence maintenance activities. PCMH Case Aides and Peer Support Specialists visit the residence 5 —7 days per week to provide coaching in nutrition, hygiene, time management, problem solving, budgeting, transportation, health support, and vocational plans. 16. The applicant has proposed a home where a resident consumer will be trained to be a Residence Aide with responsibility for daily management duties with oversight by PCMH professionals as an in house level of supervision. The Resident Aide will be under the direct supervision of a state-certified Residential Supervisor. The Resident Aide will communicate regularly with residential staff, assist in maintenance of grounds and encourage compliance with house rules. Application information indicates that consumers who occupy this type of group residence do not need 24-hour care but would benefit from in-house supervision. Conditional Use Permit-CUP 10-02 Page 8 August 25,20 10 17. PCMH Director Peter Casey indicated that residents will be screened to ensure that at- risk individuals will not be placed in the residence. PCMH has a policy to screen residents for placement within a residential zone given a number of factors including safety and well-being and criminal history. Consumers who do not meet the criteria will not be placed in the residence. Mr. Casey acknowledged that an unfortunate resident placement went unnoticed for many years but when this information was made known to staff, the individual was immediately removed from the residence to a more appropriate location. 18. Although unlicensed for the past 12 years, the home use has been in place and operated by PCMH with little incident for a total of 18 years at the subject location. Mr. Casey and PCMH staff have been working with City staff to bring the use into compliance with local zoning laws and to conduct an outreach program to the neighborhood that will be a forum to identify and address any issues that may arise from the occupancy in the future. 19. Neighbors to the home contacted City staff in November, 2009, to discuss occupancy concerns following a meeting with PCMH staff in October. Neighbors expressed a desire to initiate a neighborhood outreach and education program similar to the condition that was attached to Conditional Use Permit CUP 91(06)10. PCMH Director Casey is aware of the advantages of such a program and agreed to initiate same. The previous conditional use permit required monitoring during extension review of the CUP. 20. The Federal Fair Housing Act (FFHA)requires that licensing requirements shall not violate the rights of individuals to reasonable accommodations in zoning practices. Conditional use permits may not discriminate against the handicapped but shall protect their safety as well as the safety of the community in general. 21. The City of Port Angeles allows for group home use by conditional use permit in all residential zones. Such review is intended to identify emergency service needs and identify particular characteristics of individual neighborhoods. 22. Peninsula Community Mental Health operates under oversight by the Departments of Health(DOH) and Social and Health Services (DSHS). 23. The Federal Housing Authority Act (FHAA) has limited some municipal zoning authority in an effort to avoid stereotyping to achieve community integration. The common policy per FHAA is to require group homes to be distributed throughout the community where residents are able to live in mainstream residential neighborhoods rather than in a cluster of group homes segregated from the rest of the community. Local zoning regulations maintain some authority over locational siting but regulations must be administered similarly to any such group occupancy. 24. The Port Angeles Comprehensive Plan was reviewed it in its entirety in analysis of this application. The goals, policies, and objectives listed in Attachment B to this staff report were found to be the most applicable to the proposed use. 25. Public notification was mailed to property owners within 300 feet of the subject site and posted on the property on July 29, 2010, and August 24, 2010. Notification was placed in the Peninsula Daily News on August 24, 2010, with written comment accepted by September 7, 20 10. Comments provided by neighbors with regard to the use during the written public comment period are attached as Attachment"C"to this staff report. Written comment provided Conditional Use Permit-CUP 10-02 Page 9 August 25,20 10 after the close of the written comment period were presented at the public hearing to be included in the record. Those written comments were provided by Arlene Engel, Linda Gorden, Randy Bailey, Rosie von Engel, Kay Snowbrook, Janice Reid, and Betty Brooks. 26. A Determination of NonSignificance was issued for the proposed action on September 8, 2010,per WAC 197-11-3 55. This action satisfies the City's responsibility under the Washington State Environmental Policy Act(SEPA). Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 10-02 dated August 25, 2010, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: A. The use as proposed mirrors the definition of a group home as defined in Section 17.08.040(C) of the Port Angeles Municipal Code and is permissible by conditional use permit in the RS-7 Residential Single Family zone under Section 17.10.040(R) PAMC. Group homes and supported living arrangements ensure that special needs individuals are afforded reasonable accommodation in their residential living situations and are not clustered in institutional environments when such individuals are prepared to live more independently. This practice empowers such individuals to live as capably as possible with responsible supervision. B. The conditional use permit was processed per Section 17.96.050 of the Port Angeles Municipal Code with conditions attached to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. C. An outreach program will enable the neighborhood an opportunity to participate in the success of the home through familiarity with the residents and knowledge of the procedures of the home. The program will provide an opportunity to communicate before concerns become issues and will ensure the safety and well-being of residents and the neighborhood. D. Registration of group homes and supported living arrangements protects residents and identifies their homes for responders during emergency and general aid calls. Review of the location of group homes and supported living arrangements ensures that the uses will integrate well into residential neighborhoods while providing reasonable accommodation to all groups of people. E. As conditioned, the residence will be maintained in an updated manner consistent with other neighborhood properties and will therefore ensure the retention of neighborhood property values in the single family neighborhood in which the site is located. F. The Residence Aide will be able to quickly respond to any issues that may arise in the residence thereby reducing the need for outside assistance from either the City's emergency services or PCMH employees. Property maintenance skills will benefit group residents and enhance the neighborhood value as a whole. The group home will be supported by PCMH professionals on a daily basis ensuring that the special needs population will be supported. G. As conditioned, the residence will be operated in accordance with the plan and policy of the PCMH. 0 0 Conditional Use Permit-CUP 10-02 Page 10 August 25,20 10 H. As conditioned, the use is in compliance with goals,policies, and objectives of the City's Comprehensive Plan, specifically with Growth Management Element Goal A and Policy A.Ld; Land Use Element Land Use Map, Goals, Policies, and Objectives Goal A, and Policy A.2; Residential Goals, Policies, and Objectives Goal B, and Policy B.1, and Goal C and Policy C.1; Utilities and Public Services Element Goal A and Policy A.3, and Goal B and Policy B.2; Housing Element Goal A. and Zoning Ordinance. ATTACHMENT B COMPREHENSIVE PLAN GOALS,POLICIES,AND OBJECTIVES GROWTH MANAGEMENT ELEMENT Goal A. To manage growth in a responsible manner that is beneficial to the community as a whole, is sensitive to the rights and needs of individuals and is consistent with the State of Washington's Growth Management Act. Policy A.1 d. Housing. Encourage the availability of affordable housing to all economic segments of the population. Promote a variety of residential densities and housing types and sizes, and encourage preservation and expansion of existing housing stock. LAND USE ELEMENT LAND USE MAP, GOALS,POLICIES, and OBJECTIVES Goal A. To guide current and future development within the City in a manner that provides certainty to its citizens about future land use and the flexibility necessary to meet the challenges and opportunities of the future. Policy A.2. All land use decisions and approvals made by the City Council and/or any of its appointed Commissions, Boards or Committees should be consistent with the Comprehensive Plan and its land use map. RESIDENTIAL GOALS, POLICIES,AND OBJECTIVES Goal B To have a community where residential development and use of the land are done in a manner that is compatible with the environment, the characteristics of the use and the users, and the desired urban design of the City. Policy B.1 Urban services should be available for all residential areas as required by the Capital Facilities Element concurrency policy. Goal To have a community of viable districts and neighborhoods with a variety of residential opportunities for personal interaction, fulfillment, and enjoyment, that are attractive to people of all ages, characteristics and interests. Policy C.1 Residential land should be developed on the district and neighborhood concept. Although such districts may be composed primarily of residential uses of a uniform density, a healthy, viable district should be composed of residential uses Conditional Use Permit-CUP 10-02 Page I I August 25,20 10 of varying densities, which may be augmented, by subordinate and compatible uses. Single family and multi-family homes,parks and open-spaces, schools, churches, daycare and residential services, home occupations, and district shopping areas are all legitimate components of district development and enhancement. A neighborhood should be primarily composed of low, medium, or high density housing. UTILITIES AND PUBLIC SERVICES ELEMENT Goal A To provide or allow the opportunity for services and facilities which enhance the quality of life for Port Angeles citizens of all ages, characteristics, needs, and interests and to achieve the desired urban design of the City. Policy A.3 Social services providing home care should be located in residential neighborhoods in a manner that maintains the character of the immediate neighborhood. Goal B To support services and facilities through different levels of participation in cooperation with other public or private agencies. Policy B.2 The City should participate as a "financial partner" to support essential programs and services including: Youth recreation programs and facilities Library facilities Senior programs Low and moderate income housing programs Facilities for senior programs Utility assistance for low income households and Social andpublic health services HOUSING ELEMENT Goal A. To improve the variety, quality, availability, and attainability of housing opportunities in the City of Port Angeles. Page I of 1 Sue Roberds -Re: PCMH .1 From: Peter Casey To: Sue Roberds Date: 9/6/2010 8:42 AM Subject: Re: PCMH Hi Sue, Thanks very much for all your work and support on the 12th St. house CUP. The report is impressive! I feel hopeful that it will be well-received by the Planning Commission and public. I also conducted a review of the police response to the 12th St. house and neighbor and came to same conclusion as you did. The Resident Aide will be provided a cell phone to have quick staff response to any problems. Also, consumer residents will be educated to consult with staff about housing or neighborhood concerns, unless there is an emergency situation, before contacting police in the future. I will be prepared to present an outreach plan at the hearing, if needed. Peter On 9/3/2010 5:13 PM, Sue Roberds wrote: Dear Peter: The staff reports for the Planning Commission hearing have been mailed but they likely won't get to you before Tuesday unless you are in on the weekend, what with the holiday. So, I wanted to send the staff report to you in advance. The hard copy is more detailed in that it contains copies of all of the written comments as well as Police reports that were submitted as comment. When I read the Police reports it occurred to me that 99% of the reports were for what I would describe as more frivolous calls - i.e.,things that could likely have been dealt with by an in house supervisor or other PCMH staff rather than the City's emergency responders. This may be a key point in assuaging neighborhood concerns about Police calls. I can see how it could appear that activities may be occurring that need the Police when it is likely a less needy case that could be handled less obviously? Just a thought. Perhaps your consumers could be calling your counselors rather than the Police? Please let me know if you have any thoughts on the report that we need to discuss before the meeting. Regards, 15UC Kobcra(s Planning Manager City of Port Angeles,WA (360)417-4750 sroberds.ficitydpa.us file:HC:\Documents and Settings\sroberds\Local Settings\Temp\XPgrpwise\4C84A982DO... 9/6/2010 CITY OF PORT ANGELES NOTICE OF MAILING 0 � I P 10 1, PAT BARTHOLICK, state that on the day of Jly oLL=\42—�- 2010) 1 mailed said notice, a true copy of which is hereto attached and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, to the persons noted on the attached list. In addition, the notice was posted on the front lobby bulletin board in the main lobby of Ci FIANT Subscribed to me this dayof 2 0 10. R 0 NOTARY PUBLIC for-4e State of Washington, residing in Port Angeles (P OTAR :X� 02-24-202- Z Cl) E . . 0 -A U a 4 0 P W 'iII111111111111000 T/forms/affidavitmailing CITY OF PORT ANGELES NOTICE OF POSTING RE: I PAT BARTHOLICK, state that on the day of 20 10, 1 posted said notice, a true copy of which is hereto attached and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, on the property proposed for a land use action. AFFIANT 2 Subscribed to me this day of 010. Ll NOTARY PUBLIC for t e State of S R 0 Washington, residing in Port Angeles %T At?***'*. Cn Z EXP 02-24-2012 0 �F A, U T/forms/affidavitpostingjim CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREB Y GIVEN that on July 6, 20 10, the CITY OF PORT ANGELES received an application to allow a GROUP HOME activity in the RS-7 Residential Single Family zone as a conditional use. The application was considered to be complete on July 29, 2010. The CITY OF PORT ANGELES PLANNING COMMISSION will conduct a public hearing on September 8, 2010, in consideration of the conditional use permit application. Interested parties are encouraged to comment on the request and to attend the public hearing that will begin at 6 p.m., City Hall, 321 East Fifth Street, Port Angeles, Washington. Written comment must be submitted no later than September 7, 2010 to be included in the staff report. Information may be reviewed at the City Department of Community & Economic Development, City Hall, P.O. Box 1150, Port Angeles. City Hall is accessible to persons with disabilities. Interested parties are invited to attend the meeting. STATE ENVIRONMENTAL POLICY ACT: It is anticipated that a determination of non significance will be issued for the project following the required review period that ends on September 7, 2010. APPLICANTS: PENINSULA COMMUNITY MENTAL HEALTH LOCATION: 203 West 12 1h Street For further information contact: Sue Roberds, (360) 417-4750 PUB: 8/24/10 POST: 8/20/10 MAIL: 8/23/10 T:\NOTICES\PCpubIichearing.wpd 4,�Ca-- 7- AN-al ke-A �� h&' liagy Peel Wbels M 11 Fft See Instruction Sheet 1' &;al I Use Avery@ TEMPLATE 51600 per for Easy Peel Feature SAVERY@s160@ I Howayd and Linda Stephan Sandra L.Fisher Kenneth Petersonand K. Clark,Ttes 207 West 121h 209 West 12th P.O.Box 2109 Port Angeles, WA 98368 Port Angeles,.WA 98363 Sequim,WA 98382 James and Barbara A.Money Ricliard Dale Owen Stephen-J. Lz Cafl-deen Thanem 219 West 121h 223 West 1211, . 227 West 12VI Port Angeles,,* WA 08363 Port Angeles,WA 98363 Port Angeles,WA 98363 Randall C.Sole Ardes A. O'Hara I�Iidaael S.Perry 'P.O. Box 1702 140 West 11th 329 West 1411,Street Port Angeles, WA 98362 PortAngeles,WA 98363 Port Angeles, WA 98363 Mark Williams . Charles Light Queen of Angels Church Box 7351 112-West 1111, CCAS Property and Construction 710 NintiiAvenue Newport Bead-i, CA 92658-7351 Port Angeles,WA. 98363 Seattle,-WA 98104 Lynn Warber Cheryl A.Ross Edith Snelgrove 210 West 121h Street 214 West 12th Street 218�Vest 12th Street Port Angeles, WA 98363 Port Angeles,WA 98363 Fort Angeles, WA.98363 Ray L.Standley Kenneth N.Jacobson C/O Guy S I tan.dlqy Howard A. Amy B.Ruddell 103 South L Street 136 West 121h Street 1305 West 1011,Str e�et Port Angeles, WA 98363 Port Angeles,WA 98368 Tort Angeles,WA 98363 Ronald Morgen Emily B.Richards Merala.H.Tobias 126 West 12th Street 718 Christman Place 137 West 13th Street . Port Angeles,.WA 98363 Port Angeles, WA 98�62 Port Angeles,WA '98363 Brian and Sonja Coventon Edna L.Haworth A.11en Joseph Denhart,Jr. 124 Cedar Grove Lane 1�1 West 13a,Street 139 West 121h Street ' Fort Angeles,.WA 98363 Port Angeles,WA 98363 Port Angeles.',WA 989363 - Adam Woodson,Tte William E. Gray Mary S. Cort,Trust 131 West 12ffi Street 2-2-8 E.Laurldsen Blvd.. 70 Vineyard Court Port Angeles,WA '98362 Sonoma, CA 95476 Port Angel&s,.WA 98363 Harold J.Abbott Mark S. &Angela D. Bonano - Brian D. Boone 212 West 11th Street Box 2375 224 West 1111,Street Port Angeles,WA 98363 Fort Angeles,WA 98362 Port Angeles, WA 98363 Ittiquettes faciles A peler A Consultez la feuille www.avery.com INA:—I- AWCOVe IzIgne Canc Ad%rhmmomant A'inc+mrti#%n i-Rnn-r.n-Av;Rv Easy Reel Labels see Instruction Sheet I Ajj�j INANMRV@51 0@ 6 Use Aver�@ TEMPLATE 51600 1F(*per for Easy Peel Featurej JW Jaime Bautista Gerald G. &Mary Mangano Cevin C.Fors; 71.8.Estes Court P,O.Box 4044 1210 South Oak Street Port Angeles, WA 9836� Port Angeles,,WA 98362 Port Angeles,WA 98363 Philip Churchley Betsy R. Shultz Stephanie A.Jndelicato 1224 South Oak Street 1108 South Oak St'xeet 130 West 12th Street PortAngeles,*WA 98369 PortAngeles, WA 98.363 P,ort Angeles, WA 98363 triquettes faciles A peler A Consultez la feuille WWW.avery.com 1-1+.Hc��In nnh�ir;t AVgpv@ rmqnO Canc An rkmrnamant Peninsula Daily News 08/20/10 Classified@ peninsuladaily news.com Classified (360) 452-8435 P.O. Box 1330 Fax: (360) 417-3507 305 W. First Street Toll Free: (800) 826-7714 Port Angeles,WA 98362 Name: Run dates: 08/24/10 to 08/24/10 Company: CITY OF PORT ANGELES Class: 1020 Address: PO BOX 1150 Ad ID: 5094297 PORT ANGELES,WA 983620217 Ad Taker: SLINDSEY AccountID: 4900481 Sales Person: 425 Account#: Telephone: (360)417-4613 Inserts: 2 Fax: Words: 216 E-mail: Lines: 40 SIC code: Columns: 2 Publications: Peninsula Daily Depth (Inches): 4.083 Payments: Method Card Name Last 4 Expire Check Amount Type on Card Digits Date Number Paid Gross: $74.51 Paid Amount: $0.00 Amount Due: $74.51 CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on July 6, 2010,theCITYOF PORT ANGELES received an application to allow a GROUP HOME activity in the RS-7 Residential Single Family zone as a conditional use. The application was consid- ered to be complete on July 29,2010. The CITY OF PORT ANGELES PLANNING COMMISSION will conduct a public hearing on September 8, 2010, in consideration of the conditional use permit application. Interested parties are encouraged to comment on the request and to attend the public hearing that will begin at 6 p.m.,City Hall,321 East Fifth Street,Port Ange- les, Washington. Written comment must be submitted no later than September 7. 2010 to be included in the staff report.Information may be reviewed at the City Department of Commu- nity & Economic Development, City Hall, RO. Box 1150,Port Angeles. City Hall is accessible to persons with disabilities. Interested parties are invited to attend the meeting. STATE ENVIRONMENTAL POLICY ACT It is anticipated that a determination of non signifi- cance will be issued for the project following the required review period that ends on Sentembe 7,2010. APPLICANTS: PENINSULA COMMUNITY MENTAL HEALTH LOCATION:203 West 12th Street For fu rther information contact: Sue Roberds, (360)417-4750 Pub:Aug.24,2010 ANGELES ORTANGELES P, P JL WASHINGTON, U. S. A. WASHINGTON, U. S. A. 321 East Fifth Street,P.O. Box 115 0 Port Angeles, WA 98362 3 21 East Fifth Street,P.O. Box 1150 Web Site: www.ciiyof pa.us Port Angeles, WA 98362 Web Site: www.cityo.fpa.us /Dr. Stephen Howarth e Mr. Peter Casey 207 W. 12 th Street Peninsula Comm. Mental Health Port Angeles, WA 98362 118 E. 8' Street Port Angeles, WA 98362 7 CITY OF 0)R-)T A N� G`E,L E;S OR N'%cj-fn, Z P-11 117-3L1- P1111 /7r�� WAS H INGTON, U. S. A. WASH INGTON, U. S. A. t!jm --- -1 Fpv --i�, 321 East Fifth Street,P.O. Box 1150 21 East Fifth Street,P.O. Box 1150 Port Angeles, WA 98362 Port Angeles, WA 98362 Web Site: ww%v.cijyofpa.us Web Site: www.citvofpa.us Pes9t. Barbara McFall Ms. Betsy Reed Schultz City of Port Angeles Police Dept. 1108 South Oak Street Port Angeles, WA 98362 P 0)R, - ,T ka r,, rm CITY OF "RTANG-Ei'LES AN'""U'S , P W A S H I N G T 0 N, U. S. A. W A S H I N G T 0 N, U. S. A. 321 East Fifth Street, P.O. Box 115 0 3 21 East Fifth Street,P.O. Box 115 0 Port Angeles, WA 98362 Port Angeles, WA 98362 Web Site: www.cilyof pa.us Web Site: www.ci!yof pa.us VKick and Judy Owen V<s. Ardis O'Hara 223 W. 12t' Street 140 W. I Vb Street Port Angeles, WA 98362 Port Angeles, WA 98362 CITY OF 0- RT ANGELES ORT A NGTELES 11 P— A p Ag� WAS H INGTON, U. S. A. /A--1mmg=9k WASH INGTON, U. S. A. rm 321 East Fifth Street, P.O. Box 1150 ltfv Port Angeles, WA 98362 321 East Fifth Street, P.O.Box 1150 Web Site: www.cityofpa.us Port Angeles, WA 98362 Xms. Jean Irvine Web Site: www.citvofpa.us 1115 East Front Street -f4r. Pat Irwin Port Angeles, WA 98362 403 South Peabody Port Angeles, WA 98362 IS CITY OF ANG"L"S 11 ORZT 1. -ifz, rn, WIN'T ANGE Z p Ag� p (IJTZ77-� WASHINGTO N, U. S. A. W A S H I NGTON, U. S. A. 321 East Fifth Street, P.O. Box 1150 321 East Fifth Street,P.O. Box 1150 Port Angeles, WA 98362 Port Angeles, WA 98362 Web Site: www.cilyofpa.us Web Site: www.ciiyof pams "-<r. Howard Ruddell 136 W. 121h Street Port Angeles, WA 98362 S '0L 1AR),T -f 1 L It 11 ANG - Ef 10..,....T; ANG".]EILES El pl— L" JL' P� W A S H I N G T 0 N, U. S. A. W A S H INGTON, U. S. A. 321 East Fifth Street, P.O. Box 1150 321 East Fifth Street,P.O. Box 1150 Port Angeles, WA 98362 Port Angeles, WA 98362 Web Site: www.cilyof pa.us Web Site: www.cityo.f pa.us Affidavit of Publication In the Superiol!�Cou of the State of Washington for Clallarn#%erson County Peninsula Daily News CITY OF PORT ANGELES LEGAL ACCT/CITY CLERK PO BOX 1150 PORT ANGELES, WA 98362-0217 CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING N�OjIqE I§ HEREBY GIVEN that on July 6, 2010,the CITY OF PORT ANGELES received an application to allow a GROUP HOME activity in Reference: 4900481 the RS-7 Residential Single Family zone as a 5094297 CITY OF PORT ANGELES conditional use. The application was consid- ered to be complete on July 29,2010. The CITY OF PORT ANGELES PLANNING COMMISSION will conduct a public hearing on aeptember 8 2010, in consideration of the conditional use permit application. Interested parties are The undersigned being first duly sworn on oath, deposes and encouraged to comment on the request and to says. attend the public hearing that will begin at 6 P.m.,City Hall,321 East Fifth Street,Port Ange- That she/he is authorized to and does make this affidavit for and les, Washington. Written comment must be on behalf of Peninsula Daily News, a corporation, and that the submitted no later than se��to be included in the staff report. Information may following statements of fact are within her/his personal and be reviewed at the City Department of Commu- nity & Economic Development, City Hall, P.O. actual knowledge. Box 1150,Port Angeles. City Hall is accessible That said corporation is the owner and publisher of the to Persons with disabilities. Interested parties Peninsula Daily News published in Clallarn/Jefferson Counties, are invited to attend the meeting. and had been approved as a legal newspaper by order of the STATE ENVIRONMENTAL POLICY ACT. it is anticipated that a determination of non signifi- Superior Court of said Claliam/Jefferson County of the State Of cance will be issued for the project following the required review period that ends on Septembe Washington. 7,2010. - , That the annexed is a true copy of a legal insertion as it was APPLICANTS: published in regular issues (and not in the supplement form) of PENINSULA COMMUNITY MENTAL HEALTH said newspaper was regularly distributed to its subscribers LOCATION:203 West 12th Street during all of said period. The publishing date cited is the last For further information contact: Sue Roberds, day of publication. (360)417-4750 Pub:Aug.24,2010 1 Insertion in Pub PDN on 08/24/10 ,00\Nil i I I 14 R % ........ 00 0 T A R R 0 0810512011 z E 0 U B 0 0 WA N Sworn to me on t�is- �4tk ay of August 2010 NOTARY PUBUC Notary Public in and for the State of Washington residing in Port Angeles. Peninsula Daily News P.O. Box 1330 Port Angeles, WA 98362 To: Port Angeles City Council �C R E C E � W E Cc: Editor, Peninsula Daily News r I=AU61 82 010 Date: August 17, 2010 CITY OF PORT ANGELES —Dept.of Community Development Re: Peninsula Mental Health Housing 203 W 12 th Street From: Barbara McFall th I was born and raised in Port Angeles in the neighborhood of 203 W. 12 . In fact, I lived right across the alley in the Tudor Inn. I remember the Fryer family living in that house and later another large family, the Hopsons, living in that house. The neighborhood, then as now, was filled with a number of families and retirees. An R7 zoning results in solid, residential neighborhoods where kids run rampant, neighbors talk across the fence and most everybody is acquainted with each other. They are neighborhoods in which people feel safe in raising their families and inviting their friends to visit. I am also a law enforcement officer and have been for the past 11 years. I am well acquainted with the issues of mental illness and substance abuse. They are some of the hardest people to deal with due to the double whammy of drugs and severe mental health issues. Until recently many drug treatment facilities would not take patients with mental health issues and vice versa. This results in many of them being left at large in the community, either untreated or being treated on an outpatient basis with agencies such as Peninsula Mental Health. Peninsula Mental Health actually has a number of housing units scattered throughout Port Angeles in addition to the one at 203 W. 12 th St. What makes 203 W 12 th Street stand out is the dual diagnosis status and the severity of the challenges faces by its clients who stay there. The only other PMH residence I know of with clients that severely challenged is 2nd Street House, which is staffed 24 — 7 with at least one on-site trained staff member. The combination of substance abuse and mental illness make these subjects extremely unpredictable and often volatile. Many drugs may leave users paranoid, delusional, and/or psychotic with long periods of insomnia and restlessness. These are difficult people to deal with during the best of times. 203 W 12 th Street is a house full of such subjects living unsupervised in a residential neighborhood with two schools and two churches within three blocks. It is a matter of public record that the Port Angeles Police Department has been frequently called to this house or to disturbances involving subjects from this % house. Many substance abusers also have significant criminal history. What kind of background checks have been done on these subjects? What is being done to weed out the predators, those prone to violence, and those with serious felony criminal history? One obvious characteristic of the dual diagnosis is lack of judgment or lack of consistent good judgment. One of the proposed solutions to the issue was for Peninsula Mental Health to rent to just one such subject and expect him to deal with the other five or so "roommates" Peninsula Mental Health will bring to him; This solution is beyond ludicrous. The house does not function well now. How could you place that pressure and responsibility on a dual diagnosed subject and expect him to successfully navigate the issues PMH could not? I am sure one of the reasons Peninsula Mental Health purchased the house in the first place is no landlord in his right mind is going to take on not one, but five or six such high risk renters. They are in that house and receiving treatment for a reason, chiefly that they have difficulty living independently and have few other housing options. They need treatment and closely monitored supervision. If the house is rented to one subject who sublets to others and is no longer under the auspices Peninsula Mental Health it would stand to reason that each of those renters is now under the protection of the Landlord Tenant Act which does not apply to group housing like PMH houses. Then presumably, PMH would no longer have the ability to easily remove an uncooperative subject or one who is not paying his rent etc. PMH would not longer have the housing issue to use as leverage to motivate subjects to take their medication, obey house rules, etc. I believe the City of Port Angeles and Peninsula Mental Health must face up to the seriousness of the issues involving 203 W 12 th Street. This is not a question of"Not in my backyard". This is a question of not in any residential backyard until the dwelling has constant on-site supervision as well as safety procedures in place; procedures that would not allow a convicted sex offender who also happens to have a drug abuse problem and a concurrent mental health diagnosis to reside there. Peninsula Mental Health and the City of Port Angeles need to be transparent in their handling of this issue. Almost from the beginning Peninsula Mental Health has hidden behind the lies of omission, moving far beyond the original stated purpose for the home without acknowledgment to the City or the neighborhood. When Betsy Schultz of the Tudor Inn sought to increase her business by hosting tea parties the city refused her a permit without significant remodeling of her kitchen as this was too far removed from the activities of a Bed and Breakfast. The zoning and enforcement process should be applied fairly to all. At least the Tudor Inn paid taxes and generated revenue for the community. As a tax exempt agency, Peninsula Mental Health does not pay taxes for that house. Up until % Me very recently they made very little attempt to maintain the house or yard, leaving it to disintegrate into a shabby, unkempt eyesore. Peninsula Mental Health is not following through on its original, stated use for the residence at 203 W 12 th Street. They have allowed their original permit to lapse rather than bring its altered use under public scrutiny. They are not communicating in good faith, they are not addressing their responsibility to the clients they serve at 203 W 12 th Street or the neighbors residing in that neighborhood. They have proved they do not place a high value on honesty, open communication, or being a part of the neighborhood which they impact on a daily basis. I am asking that their request for a new permit be denied. Sincerely, Barb McFall 912-0262 FDD 7E—q c E LW D E C E E D AUG 18 2010 CITY OF PO Dept,otcommLl x", -4:5eW407' August 16, 2010 FD) E C E [I Port Angeles City Planning Commission P. 0. Box 1150 AUG 1.8 2010 Port Angeles, WA 98362 CITY OF PORT ANGELES Oept,of Community Development The following are comments and concerns that we would like to see addressed regarding the Notice of Application for a Conditional Use Permit at 203 West 12 th street: We know that this facility has been in operation as some type of group home since 1991. We weren't made aware that the use had changed from an Adolescent Transition House for girls to a Group Home facility for men. We would request that the residents would be closely monitored by the Peninsula Community Mental Health Department either by providing "live-in" counselors or a Counselor Aide. We would also insist that these residents are NOT registered sex offenders, because of the location of Queen of Angels School and the children that live in the nearby homes. While we do appreciate that recent"face-lift"that was given to the house, i.e. New fencing, new paint, and trimming of the trees in front, we would hope that this maintenance and upkeep continues... the home was in a state of disrepair for a long period of time. We live five houses East of the group home and we have not noticed any nuisances or disruptions coming from the residents of the home. However, other neighbors have been concerned about police incidents that have occurred at the home. It is our recommendation that the Planning Commission grant the Conditional Use Permit for a six month to one-year period. At the end of that time period, re-evaluate and see if it is something that should be continued in this neighborhood. Sincerely, Dick and Judy Owen 223 West 12 1h Street, Port Angeles, Washington 1115 East Front Street Port Angeles,WA 98362 Business(360)452-7861 Toll Free(800)292-2978 UPTOWN REALTY Fax(360)452-8665 www.uptownrealtycom L August 18 1h 2010 AUG 1-8 2010 1 CITY OF PORT ANGEL8S Dept,of Community DevelOpment Dear Sue, In regards to the conditional use permit for the property located at 203 W. 12 th St. property .1 would like to state my opinion . Over the years I have sold many houses in Cherry Hill which is a most desirable area. I had no idea that this home was a group home run by Peninsula Mental Health. For a long time the group home was in fair condition but over the years has had a lot of deferred maintenance. I probably would not encourage people to purchase these homes, had I known that this was a group home. At the least let them know about it and let them make that decision. I do not feel that these homes should be in a residential area especially one just a block from a school and church and two blocks from another school.. I think that we should have disclosure if a group home is placed in a Residential Zone and should know what type of residents reside there and what crimes they may have committed especially if they are pedophiles or registered sex offenders. I would doubt that the City of Port Angeles has ever monitored any of these conditional use permits to see if they are being used in the way they were intended . It's one thing to grant a permit but another to see that the neighborhood is maintained as it should be in residential zones. These homes need to be closely monitored, especially ones with more serious mental issues. Where is the city-in terms of monitoring the conditioned use and why is the C.U.P. allowed to be expired for over 13 years? I look forward to the public hearing in regards to this issue and hopefully,the city will have some new guidelines that will protect the general public that live in residential z Pt That is what we have zoning laws, for to protect and maintain,the continuity of o- - - ,ighborhoods. Irvine Idwell Banker Uptown Realty Certified Residential Specialist Realtor for 24 years in Port Angles Each Office Is Independently Owned And Operated. Gary R.Colley Stephen C.Moriarty Sequim Office David H.,Neupert 495 West Alder Street Patrick M.*Irwin (360)681-5000 Simon Barnhart Christopher J.Riffle L.A��F/J R-m- Port Townsend Office (Also licensed in Nebraskaand Iowa) 403 South Peabod 914 Washington Street Stephen E.Oliver,Of Counsel . y (360)385-4399 Port Angeles, WA 98362 Hart G.Irwin (Retired) (360)457-3327 Frank B.Platt(1926-2009) Fax: (360)452-5010 Please addre-ss all mail to the Stanley A.Taylor(1911 -2001) Email:pmirwin@plattirwin.com Port Angeles Office August 1.8, 2010 City of Port Angeles .Planning Commission 321 E. 5" St. -Port Angeles, WA 98362 RE: Conditional Use Permit'#10-08 Peninsula Community Mental Health/203 W. 12" Street, Port,Angeles Memorandum In Opposition to Conditional Use Permit A. Introduction The issue before this Commission-is not whether Peninsula Community Mental Health (herein. "PCMH") has the right to own and run a facility at 203 W. 12th Street where people with-menta'l health issues reside. It can.. The only issue'is what conditions doesthe Port Angeles City Code put on PCMH in order to own and run such a home. It is the position of,my client's,Howard Ruddell and Dr. Stephen Howarth,that City Code and state 1h law require the facility at 203 W. 12 Street to be properly licensed with the Department of Health, and abide by the staffing requirements of such licensing in order to receive approval of the now rm'it. Without'the proper licensing or confirmation from the Department pending Conditional Use Pe of Health that no additional licensing is required, the permit must be denied. B. Brief Facts In the late 1990's,PCMH opened 203 W. 12'h Street as a troubled teen girl group home. At that time, PCMH petitioned and received a Conditional Use Permit from the City of Port Angeles for the.group home. The records on file-show that the teen's living at the location at that time were troubled and in need of life skills training, but were otherwise not dependant on PCMH for other services, care or medical care. August 18;2010 Planning Commission Page - 2 In the past decade, the house has transitioned into a facility for the mentally ill. Unlike the young women who lived at the house in the past, many of the residents at thehome require significantly more care and are not,otherwise able to live independently from the institution. Over the past-two years, this house alone caused twenty (20) incident reports with the Port Angeles City Police Department.- These reports range from calls from residents of the home to 911 asking what day it was, asking how to restore gun rights, reports of being attacked by "spirits" to a full and violent breakdown of one.ofthe residents (copies of all reports are attached). Despite promises to work with the neighbors and that the facility has no additional impact on public services, PCMH allowed a high risk sex offender to reside on the property-and in the past three month's residents persist in making 911 calls to d,eal with issues that a properly staffed facility would, avoid* In the past three mo'riths, 911 has received a Icall from a resident indicating he is hearing , voices. Another resident stated he has not§een his childrenin months. Children he does notknow the names of and likely do not exist. C. Legal Brief 1. Licensing Must Be Required Any recommendation for approval of the Conditional Use Permit will be based on the mistaken belief that the 203 W. 12"house is currently,being used as a"Group Home"instead'of an unlicensed "Adult Family Home." Given the experiences of the neighbors to the home, the number and kind of incidence reports to,the Police Departm-efit and the level 'of care required of the residents at the facility,the facility is an "Adult Family Home." The residents of the faculty and the neighbors,to the facility,deserve the care,protection and peace of mind that comes with a properly licensed and staffed facility. It is for this reason that the Commission should deny the Conditional Use Permit until proper licensing is attained or provided to staff or,at very least,condition the permit on proper licencing or confirmation from the Department of Health that no additional licencing is required. 2. "Adult Family Home" v. Groa Home Under Chapter 17.10, RS-7 RESIDENTIAL, SINGLE FAMILY,-.there are two potential defined uses under which a facility for the'residence of individuals with metal health issues can be approved by the City. Adult Family-Homes are listed as, an outright permitted use, and Group Homes are listed as a conditional use. See Port Angeles City Code§§I 7.10.020(A)and 17.10.040(l). "Adult Family Homes"are defined in Port Angeles City Code §17.08.010 Q as: C. Adult Family Home — a one-family dwelling of a perslo.n,or persons Who are providing personal care, room and board to more than(1) but not more,than six(6) adults who,are not related by blood or marriage to the person or persons providing the services and who are licensed by the State of Washington pursuant to Chapter August 18, 2010 Planning Commission, Page - 3 18.48 and Chapter 70.128 (Adult Family-Home regulations).' This definition is directly in keeping with the State Legislature's definition of an Adult Family Home -which means: a residential-home in Which a person or persons provide personal care, special.care, room and board to more than'one but not more than six adults who are not related by blood or marriage to the person or persons providing the se rvice. RCW 70.128.01 0(l). Under both definitions, the key point is that the facility is,being used not simply as a residence, but,"personal care" or"special care" is being,provided to those who live at the facility. -h'is a: This is apposed to a"Group Home,"whic. non-independent,non-family,housekeeping unity in which the residents are assi'ste& by an outside agency,or organization. Code §17.08.040( Q. This definition notes a more directly residential use without,the additional care provided in an Adult Family Home. The distinction between an-Adult Family Home and a Group Home-is the level of care that is or should be provided to the residents of the particular facility. 3. The Residents of the Facilijy Need Personal and Special Care. The one inescapable fact that PQMH cannof deny is that each of the individuals living at the facility-at 2.03 W. 1-2 Ih,are.under the direct medical supervision of PCMH because of their mental - health conditions and that living at the facility is apart of each of the individual's ongoing treatment. This is in fact "personal care-and special care." This fact alone re fficives the facility from the definition of a"Group Home'.' and places it within the*definition.of an"Adult Family Home." Without a full explanation ofthe specific kind and nature ofthe services that PCMH provides the residents of the facility, this Commission cannot make a proper determination as to what particular use the facility is being put. While such an investigation must be requested of Ci ty staff This provision of,the Code is easily mistaken to mean that the care provided must live with those receiving the care since given-the language, "one family dwelling of a person." Please note that such a reading completely ignores the definitions of a"Dwelling"under Code'-§17.08.03 O(H)which only notes that a dwelling refers,to the nature of the building being residential, not that a person is in fact living at the dwelling. The mistake also ignores the definition of a.�'Person,"which includes any"firm, partnership,association,-corporation, company or other legal entity, private-or public,Whether for profit., or not for profit."Code §17.08.085(B). Since the building is a"dwelling"of PCMH,a"person,"there is no requirement under the Code that a car giver live at the location for it to be an Adult Family Home. August 18, 2010 Planning Commission Page -4, if not already done at the time of hearing, the picture presented by the,Police Incident Reports attached hereto,and the other comments of record,'show a significant need for special and personal care in order to protect and care for the residents of the facility and the-surrounding neighborhood. Please review the letters before the Commission and the Police Incident Reports with care. The Lack of a License Alone Does Not Make The Facilily a"'Group Home." The Port Angeles City Code is keenly written in order to protect and balance two vital public interests: safety and fair housing. To thisend, all Conditional Use Permitsmay be conditioned to protect the public health,safety,and welfare,and to prevent deprec-iatioh of neighboring property." Code § 17.96.050(B). Such considerations are blunted as to prevent discrimination by direct recreance to the Federal Fair Housing Act in the' same section oftheCode. This same balance is preserved in the al1loWed and conditional uses of RS-7 Residential, Single Family, properties. Adult Family Homes are allowed outri ' in RS-7 zoning without the ght need of a,Conditional Use Permit. The residents of such homes are free from discrimination, able to live in tight knit communitie's and are afforded the ability-to enjoy the benefit of a,true neighborhood. Since the facility is licensed with,the Department of Health or the Department of 'So,cial and Health Services,the residents are receiving the care required them by the state subject'to license.re.views.and a proces's if complaints should arise., ThbIrest ofthe neighborhood is kept reasonably safe in the knowledge and fact that the facility meets state requirements and there is a' process to resolve problems should they arise. No Conditional Use Permit is required for an Adult Family Nome since the two public interests stated above are satisfied. A "Group Home" is' a conditional use so that the City can confirm that the dare needed to protect all the parties involved is either in place or taking placeand put such restrictions on the use as may be needed to reduce the impact on the public. Lower risk to all means lower oversight-is necessary. All thus balanced. PCMH cannot,however,place a facility within a RS-7 neighborhood that ha's the risks and requirements of an Adult Family Home and claim that the facility is only a Group Home because it refuses to properly license or staff the facility. To allow this to happen,the Commission would fail in its duty to balance safety and housing access. The public risk would be allowed without the. intended oversight. The review for thisCommission should not thus focus exclusively on if the property is licenced, but rather if it should be'licenced as an"Adult Family Home." 5. Reacquiring Proper Licensing is Not Discrimination. I To state once again,my clients' position is not that a facility for persons with mental health issues must not be allowed at 203 'W., 12 1h Street. Their position is that the'facility can only be. allowedunder Port Angeles City Code if it is properly monitored and-staffed. It is for this reason August 18, 2010 Planning Commission Page' - 5 that my clients' request this Commission to deny the Conditional Use Permit until the �acility is properly licensed with the Washington State Department of Health,-or the Department of Health confirms that the facility,does not require licensing. Any, claim that this request is discriminatory is a "'red herring," and is likely reverse discrimination. The,City, and this Commission, regularly approves Conditional Use Permits with the requirement that the use is conditioned upon proper licensing with state or federal authorities. That the'use at issue before this Commission happens to be a residence for persons with metal illness is beside the point. The point is, where there is a state regulatory system that protects all par-ties, it is this Commission's responsibility to condition any permit on current and continued compliance with,that system. Treating the neighbors to th'is,facility differently fromany other neighbors of any other applicant's facility, simply because this applicant is housing the mentally ill, is a painful distortion of logic and the law. Proof of state administrative compliance protects the public, the residents of the facility,,and.the Commission's review process. A review is prudent and would protect all parties. My clie,nts do not believe it wis�e to.simply rely upon the assurance of PCMH when placed a sexual predator at the facility without any notice to the neighbors,and only now produces a screening process for residence at the facility under threat of this hearing. Absent assurances from the,Washington State Department of Health of compliance,, PCMH's applications should be denied. D. Conclusion Based on the above,my clients,-Mr.Ruddell drid.Dr. Howarth pray this Commission deny PCMH's Conditional Use Permit until proper proof of licensing compliance can be produced. In the alternative�my clients request the permit be conditioned on proof of proper licensing and a review ,be set for PCMH to show proper compliance. Sincerely, PL IR F rick PMLss Enclosure cc: Howard Ruddell- Dr. Stephen Howarth Page I of 2 Sue Roberds - Re: CUP 10-02 From: Peter Casey To: Sue Roberds Date: 8/16/2010 3:35 PM Subject: Re! CUP 10-02 Hi Sue, See my responses below. Let me know if you need any other information. Thanks. Peter Sue Roberds wrote: Dear Peter: Would you please review these draft conditions per our phone conversation to determine if they are as you remember discussing. And, did you say the Resident Aide will work under the supervision of the Peer Counselor? or Case Aides? The Resident Aide will work under the supervision of the Residential Supervisor, Dawn Saiz,who holds an MSW (Master's in Social Work) and is a state certified Affliated Counselor. (An Affiliated Counselor is a new designation for BA and MA/MSW staff who are not yet independently licensed under their discipline, but who meet the state certified regulatory requirements to provide Mental Health services within a state licensed Mental Health agency.) Also working under the supervision of the Resdiential Supervisor are Residential Counselors,who are not licensed or certified. Are Case Aides licensed? We have Case Managers, not Case Aides. Our Case Managers either have BA,s in social sciences or MA's in Mental Health Counseling. They all are certified by the state as certified Affliliated Counselors. Am I mistaken that the Resident Aide will report to the Case Aide? The Resident Aide reports to the Residentail Supervisor. Peer Counselor? The Peer Support Specialist works under and reports to the Community Support Services Supervisor, Becky Brown,who has an MA in Mnetal Health Counseloring, and is a state certifed Affliated County. The Peer Support Specialist is also a state certified Affiliated Counselor. Conditions: I. PCMH will screen consumers to ensure that people who have been convicted of crimes that would pose a physical threat to residents of the neighborhood (what should we say here to make clear what is meant? I would suggest that we say that PCMHC has dveloped a policy (which we will provide at the hearing) to carefully screen clients for safety and well being to live in a residential family zone, particularly with regards to either a conviction or pending charges for a crime of violence. Is there a particular wording that is acceptable to describe people in this protected class that will not be placed in this home)? 2. A neighborhood outreach plan shall be developed that will enable neighbors to be file://C:\Documents and Settings\sroberds\Local Settings\Temp\XPgrpwise\4C695ABl DO... 8/16/2010 Page 2 of 2 aware of the program goals and provide a forum where issues of concern will be addressed by PCMH in operation of the group home use. Quarterly reports will be provided to the City's Department of Community & Economic Development that will become part of the public record file for review by the public that will identify results of the outreach program and will identify how concerns have been addressed. PCMH will address neighborhood concerns as they are made aware of specific concerns. PCMHC has met with 12 St. house neighbors in 11/09 and agreed to have periodic meetingi with them so that concerns or issues can be addressed. Having to submit quarterly reports to the C & E Dept. feels a bit much. I would prefer only having to submit a report for public record review and file if that is required of others who have conditional use permits. Perhaps we can provide you with a summary of our meetings with neighbors,when we have them,without having to formalize the process. 3. The renovated residence will continue to be maintained in the current manner such that it complements other residences in the neighborhood. The off street parking area at the rear of the residence will remain available for residents and visitors. This statement is fine, as is. I appreciate your in advance review. Thank you. 15UC Kobends Planning Manager City of PortAngeles,WA (360)417-47 50 sroberdsAcityotpa.us file://C:\Documents and Settings\sroberds\Local Settings\Temp\XPgrpwise\4C695AB I DO... 8/16/2010 0 Page I of 2 Sue Roberds - preparation of conditional use permit for 203 W 12th St From: STEPHEN HOWARTH Date: 8/16/2010 10:30 AM Subject: preparation of conditional use permit for 203 W 12th St Sue, You asked me for input regarding your preparation of the conditional use permit for the 203 W 12th St property. First I wish to reiterate some housekeeping matters regarding the permit process and the public hearing that is to come. I asked if you would be present at the public hearing and you indicated to me that you would be. I hope you will describe the conditional use permit to the public at the beginning of the meeting and include the following: 1. Purpose for the conditional use permit. 2. Duration of the permit and renewal period. Also prior to each renewal period, will members of the neighborhood have the opportunity to weigh in on whether or not it should be renewed?. 3. Criteria for renewal. Will the City check with the police department concerning activity at the house during the preceding period? Will inspection of the property be done by the City regarding compliance?? 4. Under the conditional use permit, will the fire chief inspect the property for any safety issues?? 5. ORIGINAL CONDITIONAL USE PERMIT a. Stipulated that the house was to be "maintained in a manner such that it would blend into the rest fo the neighborhood" (The property was let go for years and fell into terrible disrepair. I am sure that the neighborhood does not want a repeat of that) Will they mow the lawn and paint the house, clean the fences as needed....etc?? b. Permit limited how many automobiles would be on the property. c. Original permit dealt with conduct of residents as it pertained to the atmosphere in the neighborhood. Will there be laguage in the conditional use permit that addresses acceptable behavior. NOTEH! This was the crux of the original meeting that we had with PMHC last October and is of vital importance to the neighborhood. d. Other issues surrounding the original permit that are of interest to R-7 zones throughout the City 6. 1 believe that in relation to 5.c above PMHC should AT LEAST disclose to the public and members of the neighborhood whether or not they intend to house residents that have been convicted of a crime at the 203 W 12th St property and CERTAINLY if members on PROBATION, having been convicted of a crime in Clallarn County or some other County in the State of Washington or even from outside the State of Washington are living there. Such crimes might include: narcotic use or sale, sexual offenders, crimes of violence, grand larceny.......any other felony conviction. ** I view this as a PUBLIC SAFETY issue whether or not PMHC and the City want to call it as such. If this property with it's defined "Conditional Use" as defined by the City itself were not next to 2 schools, an active church, a potential tourist attraction for the City and residents of a neighborhood that moved to that neighborhood assuming that the R-7 zone ordinance actually means something....then it might be judged otherwise. The presumption must start for the logical conclusion that simply owning a property in a zone that has been fi1e:HC:\Documents and Settings\sroberds\Local Setfings\Temp\XPgrpwise\4C69133 rQ�811612010 0 0 Page 2 of 2 designated by the City for a specific purpose, does not give ANY resident the unilateral right to define how they will use that property. I cannot be certain of the following statement, but I would have to believe that across America in every neighborhood such as ours, that with almost 100% certainty, public safety would always trump political correctness. Whatever politics are involved in this case Sue, I believe that the City would be well served to address this issue head on. Otherwise, I predict huge liability issues for them in the future. 7. With regard to 6. above. The conditional use permit must be ratified by the City Council and members of the Board of Directors of PMHC. These individuals through their vote will assume responsibility for their vote (politically and legally) I hope that these illustrious individuals, who will sit and pass judgment upon what should occur in someone else's neighborhood will pause and weigh their decisions as if they lived in OUR neighborhood. 8. Issues of trust have arisen between members of the neighborhood and PMHC and some people feel that there have even been out an out lies circulated by administrative officials of PMHC to the City and the neighborhood. In October of 2009, PMHC indicated that they had someone coming to the house daily. After the meeting, they indicated that an additional visit would be made at night to regulate adverse activity that had disrupted the Tudor Inn and other residents of the neighborhood in the late evening and night-time hours. Nobody has seen anyone coming to the property for this purpose. If the City wants to address disruptive behavior and repeated visits by the police force to the 203 W 12th St property, then they should require 2 things in the conditional use permit. a. Whoever comes to the property must be qualified to deal with mentally ill people. b. Whoever comes to the property must detail their visit, the reason for the visit and any corrective action that was taken.This can be accomplished with a visitation log kept daily or by using a time clock to document their time and clinical logs to detail what they observed. c. History speaks for itself Sue. The property itself suffered neglect and adverse activity at the house reflected clinical neglect as well.(in my opinion) d. With regard to 8 (this issue). If the stated purpose in the application for the conditional use permit by PMHC for the 203 W 12th Stproperty is.......REHABILITATION......then how could either you (the City) of PMHC object to requiring this documentation as part ofthe permit process?? 9. 1 believe that this is a precedent setting issue and will ultimately determine the destiny of R-7 zones throughout the City. Choose your words wisely in your final preparation of the conditional use permit Sue. file:HCADocuments and Settings\sroberds\Local Settings\Temp\XPgrpwise\4C691338DO... 8/16/2010 Page I of I Sue Roberds From: STEPHEN HOWARTH Date: 8/16/2010 1:50 PM Sue, I forgot to ask you whether or not AFrER the final conditional use permit has been prepared, but PRIOR to the public meeting......if an environmental impact study is required. I ask this because the initial conditional use permit was never renewed, the City lost track of the residential variance requiring the need for the conditional use permit and a NEW use has been requested for the said property located at 203 W 12th St by the PMHC. It seems to me that a NEW use would require a NEW assessment of the impact of that use on the community...................Would you agree?? file:HCADocuments and Settings\sroberds\Local Settings\Temp\XPgrpwise\4C69420A CO �' 8 1612010 0 0 Ebt Eubar Inn 360 anb 38reahfazt VOW Best 13ed and BreaVmt Ciallam County 2006, 2007, 2008, 2009 and 2010M j E C L9 August 14,2010 Fjf AUG 18 2010 City Department of Community & Economic Development CITY Of:PW ANGELES City Hall Dept.of Community peyeiop��'nt PO Box 1150 Port Angeles,WA 98362 RE: Group Home Conditional Use Permit Application Peninsula Community Mental Health (PCMH) Atten: Sue Roberds To Whom It May Concern: This letter serves as my written support for the approval of the Conditional Use Permit Application for the Group Home located in RS-7 Residential Single Family Home zone, 203 West le Street. This residence is due south of my property at 1108 South Oak Street,Port Angeles. My 26 years of service on behalf of individuals with Developmental and Mental Health challenges included the responsibility of licensing,training staff, developing curriculum and monitoring the many Small Family and Group Homes located throughout California. Communities as a whole are not only ethically but legally required to be as inclusive and least restrictive as possible in providing living,working,educational and recreational opportunities and assistance to individuals in our social service delivery systems that are similar in nature to those environments we all wish to participate. I believe that is the directive here in Washington as well. I became aware of the Group Home under consideration when I completed my due diligence in preparation for purchasing my current residence/business and moving here on July 30, 2010. During these past years I have interacted with the residents living in the home occasionally as I have with other neighbors. Several times I spoke with the residents about the loudness of music, working on a car, or loud conversations that occurred between 10 p.m. and 7 a.m.when a guest had shared that they were unable to sleep. The resident responded by lowering their volume or stopping the loud activity. On occasion they needed additional reminders but were more than willing to quiet their activity. I have done no less with another neighbor whose dog would bark incessantly in the late evening and early morning. I went and spoke with them. I would expect the same courtesy if my home/business was causing concern from a neighbor. Last October 2009 there was an individual residing at the home with a syndrome that often manifested in loud, cursing, an'd verbal discourse. Due to the nature of this individual's disability, the verbal context and volume is often unmanageable with prompts. I did call PCMH for the first time since moving here to speak with Peter Casey,Executive Director to discuss the situation. At about the same time, several of the boundary neighbors had shared concerns they had regarding another resident and the appropriateness of his living in the home. There was also discussed the facility and grounds maintenance concerns. The main concern of mine was supervisory in nature and I was Page Two 0 Conditional Use Permit for 203 W. 12th Street, Port Angeles.)WA seeking information on what services were provided during the later evening and early Morning hours for residents in the home. Rather than these round-robin conversations amongst the neighbors I suggested a meeting with Peter Casey and his staff to discuss and work out some resolutions that would be amenable to all concerned. My intent was never to suggest the home be closed, nor purchased by a group of homeowners or that the residents were not welcome as my neighbors. A meeting was scheduled immediately. The meeting was held and following that evening, plans were set in motion to provide staff as needed during late evening and early morning hours, the plans to trim up the yard and begin major renovations and restoration to the home were begun. It looks beautiful! The two residents were assisted in locating alternate living arrangements. During these times when funding and options are often limited I believe Peninsula Community Mental Health under the guidance of Peter Casey acted promptly,with respect for the individuals living in the home as well as the bordering neighbors. I would hope that should a member in my family ever need similar social services that they too would have the opportunity to reside in a neighborhood as we do; receiving the individual and group assistance to make their lives as comfortable and similar in nature to anyone else residing in this community. mcere IEL Schult4 0 irterAlnnke wLeper COI)y- My. peter Camy, Executive Director Peninsula Community Mental Health I JOS bo. 49ak btreet 3port XugeW, 3091 OS362 Intato.tubarinn.com * into@tttbortnn.com * $60-452-313S * S66-286-2224 August 12, 2010 RECEHEID AUG 16 2010 To the City of Port Angeles Planning Commission, in the matter of the he i4#y,%FRRT—�—NG�ELES f mmu conditional use permit for the group home at 203 W. 12th Street: F!-nity nav--ment We are the only homeowners in the neighborhood around the group home at 203 W. 12th Street who were here when the house was a private residence. When the original hearing was held to discuss the possibility of the house becoming a group home we were supportive. We still are. I. Over the years we have found Peninsula Community Mental Health to be responsive to concerns expressed about the residents of the home and solutions to those concerns to be immediate, up to and including removing a resident we have found to be a bad fit for our neighborhood. 2. We thought that when, in the fall of 2009, a meeting was held to express some serious issues with the house that were of more recent development,that Peninsula Community Mental Health responded both immediately and appropriately. There has never been a time when Peninsula Community Mental Health was not willing to address our concerns. We have never hesitated to express concerns or felt they would be ignored. 3. We appreciate the effort that has been done to maintain the house and yard, especially recent improvements that undoubtedly took time and careful budgeting to accomplish. This neighborhood is one that has a variety of homes, some well cared for and some not. One only need walk along 12 1h Street between Laurel and Cherry to see quite a number that are not. The group home is doing a good job in this regard. 4. When the house was a private residence there were sometimes situations that were not optimum, such as loud, late parties or, of much more serious concern, subletting bedrooms to transients. Our interactions with Peninsula Community Mental Health have given us recourse we didn't have when the house was privately owned. We think that Peninsula Community Mental Health needs to have a current conditional use permit that is kept current. We think that the residents need supervision so Peninsula Community Mental Health is aware on a daily basis of how individual residents are doing. We think that residents should be careftilly selected by Peninsula Community Mental Health so placement ensures residents who are at a stage of treatment enabling them to function in a family neighborhood, both for our safety and theirs. There are many children in our neighborhood, and we think Peninsula Community Mental Health needs to continue to be mindful of this. Good health,physical and mental, is one of life's great blessings. There is no guarantee that if we are fortunate enough to have it,we will always have it. It is not inconceivable that someone in our neighborhood might one day be in need of mental health support services such as Peninsula Community Mental Health and the group home offer. 0 0 Private residences hold no assurance that horrible things can't or won't happen; over the last 24+months in our neighborhood there have been tragedies in family homes that stunned Port Angeles, one two blocks east of us and the other two blocks south. Troubling news stories make us aware there are many people with mental disorders who are getting no help whatsoever. In the group home at 203 West 12'h Street,they're getting help. Sincerely, .a� Z&Jlo-,t� Allen(Joe) and Naomi Denhart 139 W. 12d' Street Port Angeles, WA 98362 Cc: Peter Casey, Executive Director, Peninsula Community Mental Health E C E � W E Sue Roberds FAU61 7'2010 Planning Manager CITY OF PORT ANGELES Dept.of Community Development City of Port Angeles,WA 8/10/2010 Dear Mrs. Roberds I am writing to you in response to your request for comments regarding the issuance of a conditional use permit for a group home located at 203 W 12 th StinPort Angeles. I reside at 209 W 12 1h St and hope that you will present my comments to anyone who will listen to them and think about the implications of what the City is about to do regarding this proposed group home. Shortly after I moved into my home in 2007 1 was approached by a gentleman who owned a home on 1 11h St behind my house. He told me that he was going to be renting his house to a former resident of this 203 W 12 th St residence. His purpose in notifying me was to ask if I would object which I did not. He did say something that bothered me at the time. He said that the person that was going to live in his rental left the 203 W 12 th St because he feared for his own wellbeing and "had to get out of there". I thought no more about the 203 W 12 th St residence until last year when my neighbor across the street asked me to sit with her daughter while she went to work.She had heard through a friend that knew an employee who worked for the Peninsula Mental Health Clinic at one of their other homes,that a peclophile was living at 203 W 12 th St and that she was afraid to leave her daughter alone while she was at work.About the same time I heard this from my neighbor across the street,the neighbor who lived to the right of me told me that one of the residents at the 203 W 12 th St home had threatened to kill her daughter. I have been disturbed by these events and wonder why the City has not had any structure or oversight for such a group home in our neighborhood. I have seen police cars coming and going and have not experienced anything like this in any other neighborhood I have called home. I wish.to state that I want to feel secure in my own neighborhood and the City should do what it takes to make sure that happens.Thank you for listening to my issues with regard to your proposed conditional use permit for 203 W 12 St. I plan to attend the meeting on August 24, 2010. Sincerely yours, Fm E L i.E. ORT NG 6, �W A S H I N G T O .N U., S. A. Community & Economic Development De partment i.1,�M,1445 July 29, 2010 Mr.,Peter.C,qsey. wv_ a mmunityMental'Health Center Peninsul Co U-i 11 K East Eighth Street TAW . 98362 Port Angeles, WA, KA�nsjv_ 'N CUP 10-02 RE. : Condition' alUse Permit th -Community Mental Health Centet—203 West 12 Street' Peninsula TR �'i5jxR�g, W 'Pli Dear Mr. Casey:, 194, 11;--r M, a On.July 6, 20,10, an amended conditional use permit a-Wicafiory w s provided.by your Office proposing a modified group home for 4-6 lated-adult residents'..,Th unre P group home is not propo ed to,be state licensed, and as such, staff remains skeptical about th e s AY "I",s, ability-to recommend approval to the Planning Commission. As you.know throughour prey ous c nv F, o ersafions, State licensed group home ditionally vermittedin f",V - sare con 4A, howe en ed are residential single familv zones', ver, group,,homes that are-not state lie s currently specifically permitted in multiple family residential,zones. Nevertheless, we TAW", ete at this t­ n s ime as the information received,constitutes 4, will �ertify the applicatio 'a compl S, Th be set-for August.25,,6 p.m. e subject a complete application. A public hearing wi property will be posted with that information. M, .1.� s In the meantimc� should you have any questions,please don't hesitate to contact thi' 11.......... office. Sincerely, AA ......... 5,2,16 ds V,t4 i�"Ilm "P, Plannin g Manager Mg Vg W Phone:.360-417-4750 Fax: 360-417-4711 "IN3 6j- Website: www..cityofpa.Us Email: smartgrowth@cityofpa.us IN, P.O.-Box 1150 1 Port Angeles, WA 98362-0217 321 East.Fifth Street CITY OF PORT ANGELES NOTICE OF MAILING RE: aLP jo,-) I, SUE ROBERDS, state that on thq,;4 day of 201 O� I mailed said notice, a true copy of which is hereto attZed and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, to the persons noted on the attached list. In addition,, the notice was posted on the front lobby bulletin board in the main lobby of City Hall. Lljj-0— AFFiAbfr Q Subscribed to me th*,,��\A4Aay of —2010. jk "\\\ v, E ft/* 0 T Aq 03 /0 2 %'0 0 8 L I C- NOTARY PUBLIC for the State of Washin on, residing in Port Angeles 9t T/forms/affidavitinailing CITY OF PORT ANGELES NOTICE OF MAILING RE/N/V 1) SUE ROBERDS, state that on the,,-,,�� day of 20105 I mailed said notice, a true copy of which is hereto att)ched and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, to the persons noted on the attached list. In addition, the notice was posted on the front lobby bulletin board in the main lobby of City Hall. AFFiXNT Subscribed to me this day of 010. NOTARY PUBLIC forge State of Washington, residing in Port Angeles T/forms/affidavitmailing CITY OF PORT ANGELES NOTICE OF POSTING RE: A/ I PAT BARTHOLICK, state that on the day of 20 10, 1 posted said notice, a true copy of which is hereto Zached and made part hereof pursuant to Section 17.96.140 of the Port Angeles Municipal Code, on the property proposed for a land use action. AFFIANT Subscribed to me this 62�-�day of 2010. NOTARY PUBLIC fo4e State of Washington, residing in Port Angeles Tdbrms/affidavitposting�m CITY OF PORT ANGELES NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEPXBY GIVEN that on July 6, 20 10, the CITY OF PORT ANGELES received an application to allow a GROUP HOME activity in the RS-7 Residential Single Family zone as a conditional use. The application was considered to be complete on July 29, 2010. The CITY OF PORT ANGELES PLANNING COMMISSION will conduct a public hearing on AUGUST 25, 2010, in consideration of the conditional use permit application. Interested parties are encouraged to comment on the request and to attend the public hearing that will begin at 6 p.m., City Hall, 321 East Fifth Street, Port Angeles, Washington. Written comment must be submitted no later than AUGUST 19, 2010 to be included in the staff report. Information may be reviewed at the City Department of Community & Economic Development, City Hall, P.O. Box 1150, Port Angeles. City Hall is accessible to persons with disabilities. Interested parties are invited to attend the meeting. STATE ENVIRONMENTAL POLICY ACT: It is anticipated that a determination of non significance will be issued for the project following the required review period that ends on AUGUST 19, 2010. APPLICANTS: PENINSULA COMMUNITY MENTAL HEALTH LOCATION: 203 West 12 1h Street For further information contact: Sue Roberds, (360) 417-4750 PUB: 8/3/10 POST: 7/29/10 MAIL: 7/29/10 T:\NOTICES\PCpub1ichearing.wpd Howard and Linda Stephan Sandra L.Fisher Kenneth Peterson and K.Clark,Ttes 207 West 121h 209 West 121h P.O.Box 2109 Port Angeles,WA 98363 Port Angeles,WA 98363 Sequim,WA 98382 James and Barbara A.Money Richard Dale Owen Stephen J.&Cathleen Thanern 219 West 121h 223 West 121h 227 West 121h Port Angeles,WA 98363 Port Angeles,WA 98363 Port Angeles,WA 98363 Randall C.Sollie Ardes A.O'Hara Richard C.Kippes P.O.Box 1702 140 West 11th 136 West 121h Port Angeles,WA 98362 Port Angeles,WA 98363 Port Angeles,WA 98363 Michael S.Perry Mark Williams Charles Light 329 West 14th Street Box 7351 112 West 111h Port Angeles,WA 98363 Newport Beach,CA 92658-7351 Port Angeles,WA 98363 Queen of Angels Church Bernard&Lora L.Brabant Lynn Warber CCAS Property and Construction 125 West 121h Street 210 West 12th Street 710 Ninth Avenue Port Angeles,WA 98363 Port Angeles,WA 98363 Seattle,WA 98104 Cheryl A.Ross Edith Snelgrove Kenneth N.Jacobson 214 West 121h Street 218 West 12th Street 103 South L Street Port Angeles,WA 98363 Port Angeles,WA 98363 Port Angeles,WA 98363 Ray L.Standley Howard A.&Amy B.Ruddell Stephanie A.Indelicato C/O Guy Standley 136 West 121h Street 130 West 121h Street 1305 West 101h Street Port Angeles,WA 98363 Port Angeles,WA 98363 Port Angeles,WA 98363 Ronald Morgen Emily B.Richards Merala H.Tobias 126 West 12th Street 718 Christman Place 137 West 131h Street Port Angeles,WA 98363 Port Angeles,WA 98j62 Port Angeles,WA 98363 Brian and Sonja Coventon Edna L.Haworth Allen Joseph Denhart,Jr. 124 Cedar Grove Lane 131 West 131h Street 139 West 121h Street Port Angeles,WA 98363 Port Angeles,WA 98363 Port Angeles,WA 989363 Adam Woodson,Tte William E.Gray Mary S.Cort,Trust 131 West 121h Street 228 E.Lauridsen Blvd. 70 Vineyard Court Port Angeles,WA 98363 Port Angeles,WA 98362 Sonoma,CA 95476 Harold J.Abbott Mark S.&Angela D.Bonano Brian D.Boone 212 West 111h Street Box 2375 224 West 111h Street Port Angeles,WA 98363 Port Angeles,WA 98362 Port Angeles,WA 98363 Jaime Bautista Gerald G.&Mary Mangano Cevin C.Fors 718 Estes Court P.O.Box 4044 1210 South Oak Street Port Angeles,WA 98363 Port Angeles,WA 98362 Port Angeles,WA 98363 Philip Churchley Betsy R.Shultz 1224 South Oak Street 1108 South Oak Street Port Angeles,WA 98363 Port Angeles,WA 98363 ***TRACK ALL TIMAPENT ON REQUEST-USE PROJECOCODE RR001*** Request for Public Records Departmental Action Form Date:—July 14, 2010 Name:_-Sue Roberds Department: CED Request for Public Records: Irwin Public Records—203 W. 12 th Street Please be specific in specifying the Locations searched for records, including folder locations, email accounts, and physical locations: Locations/Folders Searched : CED files—"T" drive, Lazerfiche, Sue Roberds and Patrick Bartholick e-mails Search Criteria/Terms used: Peninsula Mental Health, 203 W. 12 Ih Street Documents Found: Entire file for CUP 91(6)10, application file for CUP 10-01 and Code Compliance background file for 203 W. 12th Please use additional sheets as necessary APPLICA TioN FEEs Fol?OFFICE USE ONLY Date Rec'd: CUP: $500&$350(SEPA) 40 File Nuniber:ev-&g Total$850 '�i�-sWaTv-e-EUP CITY 0F.`-P6kT .LkNGELES HTE 4 10::;C9 $200 & $125 SEPA 1, 1 Received by: CONDIUONALLSE PERMIT , xx% MIA, - Total:$325 W APPLI,65'Xi ION **IMPORTANT *PLEASE READ Onlyconipleted applications willbe accepted.To be considered complete,an applicationmust include all of the following information: A completed application signed by the applicant and the property owner(if different than the applicant). A'completed SEPA Checklist signed by the applicant. A vicinity map (showing the site in relation to surrounding properties) 2"' A site plan (accurately drawn at 1"=20' scale with complete dimensions showing all property lines, existing and proposed structures and parking spaces, setbacks and significant vegetation). 2" Interior floor plans for each floor of any structure to be used for the proposed activity. Exterior building elevations for each side of any building that will be constructed for the proposed use. Mailing labels and list of property owners within 3 00'of the proposed site. A list of the property owners may be obtainedfrom the County Assessor's Office. 13/ Application fee. It is important to be accurate and complete.with the information regarding all aspects of your project. The Planning Commission's decision and staff recommendation will be based on the information contained in this application, and will be limited to the proposal as presented. Changes to your project from what is submitted may result in the delay ofyourproject's review. Certain proposals are decided administratively such (retail stand permits, home occupations, and bed and breakfast uses). These pen-nits do not require a public hearing process. Please do not hesitate to ask if you have any questions regarding the permit process, time periods, aT restrictions of certain applications. Community Development Department personnel maybe reached at 417-4750 between the hours of 8 a.m. and 5 p.m. Monday through Friday. NOTES.- (For your use) '7E V E [D AAD APPLICANVOWNER INFORMATION: CITY OF PORT ANGELES Applicant: t%ok-j .-of C Nament Address: k apaz4 Daytime phone#: 3 r.,o -r-,r I'% i Applicant's representative(if other than applicant): Pe.-k LA Address: Daytimephone#: a60 Property owner(if other than applicant): Address: Daytimephone#: PROPERTY INFOP-74ATION: Street address: '0 k,04 q V_ -1 (*.z Q Legal description: 0 4s- -T 9 P, Zonig: ik S - q Comprehensive Plan designation: 3) %1 Property di-Tnensions:,So I&-'r a I Property area(total square feet): 6% 000 Physical characteristics(i.e.,flat,sloped,vacant,developed,etc.): PROPOSED USE INFORMATION: Please describe the proposed conditional use: 2 A-P Number of employees: Hours of operation: IL"'. AQ..4 1 Number of on-site parldng spaces: Building area (total square feet of floor area for the proposed activity): me 0-L%,.3 V.e Z.Se_.k ",S'V it 0 SIGNATURES: Applicant: I certify that all ofthe above statements are true and complete to the best ofmy knowledge and acknowledge that wi�ful misrepresentation of information will terminate thispermit application. Ihave read this application in its entireo) and understand that.my submittal will be reviewedfor completeness. Iffound to be complete the application will be scheduledfor the next available Planning Commission meeting. Ifnot complete, when requested information has been received the application will be scheduledfor the next available meeting. Signature_C3,z�-- Date 0 1 (d - a�.0 Owner(if other than applicant): I am the owner of the subject property identified herein and a rove of this application. TP Signature Date For Staff Use Only: Permit No; Appl. complete Add. Info requested TITLE: Residence Aide STATUS: Compensated by Rental Subsidy RESPONSIBLE TO: Supervisor, Residential Services JOB SUMMARY: Reside in an Agency supported living residence. Assist other residents and report to other residential staff to maintain safe, pleasant living conditions and facilitate positive residential outcomes. PRIMARY DUTIES AND RESPONSIBILITIES: 1. Reside full time in supported living house. 2. Be available by cell phone. 3. Communicate regularly with residential staff. 4. Support residents with upkeep of living space. 5. Assist with maintenance of grounds. 6. Encourage compliance with house rules and expectations. RELATED DUTIES: 1. Consistently presents self and the Agency in a positive manner. 2. Maintains confidentiality of Agency and client information. 3. Perfoi-ins other tasks as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES: I. Ability to work cooperatively in a residential setting. 2. Ability to plan and prioritize work. 3. Effective oral communication skills. 4. Able to lift and carry a 35-pound load a distance of 50 feet. 5. Able to coordinate preparation of group meals. EDUCATION AND EXPERIENCE: Experience as a recipient of mental health services in a community mental h ealth outpatient setting required. Peninsula Community Mental Health Center House Requirements It is our mission to help residents become active members of the community in accordance with their desires and dreams. Below is a list of housing requirements that must be followed in order to remain in PCMHC agency housing. Each resident must stay on their prescribed medications. All agency houses are "Dry Houses". The consumption of alcohol or illegal drugs on the premises or allowing visitors to bring or use alcohol or illegal substances is not allowed and may lead to immediate eviction. Each house has a "NO WEAPONS"policy on the property at any time, by anyone No alte�rgations to the property are allowed without written permission. Residents will be required to pay for all damages made by themselves and or their guests. Visiting hours are between 8:00 a.m. and 9:00 p.m. No smoking or any type of lit flame such as candles is allowed inside the homes. i- No pets/fish are allowed on the premises. Peninsula Community Mental Health Center(PCMHC) is applying for a conditional use permit for our house at 203 W. 12 1h Street. The residence operates as a modified group home for 4-6 unrelated adult residents. All of the tenants are disabled and have diagnoses of Mental Illness. They have either limited or no contact with their families, few social supports and subsist on low,fixed, monthly incomes typically ranging from $339.00 to $637.00. In a state licensed group home, staff are required to be on the premises of the house on a 24/7 basis because the residents are incapable of much self-reliance. Although the 12'h St. house residents benefit from structure and need some assistance with community integration and their activities of daily living,they,function in healthy, constructive ways with considerable independence. With periodic assistance, they manage their finances, take medication on their own, purchase and prepare the food they eat, wash their clothes, and clean their living space. The main goal of our house is to provide a comfortable and supportive living setting that will allow each resident to strengthen their self-sufficiency skills so that in time they can transition to more independent housing, as well as qualify or re-qualify for subsidized - housing. We work to raise the quality of life for each resident and empower them to live as capably as possible in our community. To ensure the safety and well-being of tenants, PCMHC Designated Mental Health Professionals are available 24/7 to our residents for emergency support and crisis response. Our Case Aides and Peer Support Specialists visit the residence 5-7 days per week to provide coaching in nutrition, hygiene, time management, problem solving, budgeting finances, transportation arrangement, health support service follow-through, self-advocacy and vocational plans. We also have a Residence Aide living full-time in the house that supports tenants with upkeep of living space, encourages compliance with house expectations, regularly communicates with our Residential staff and assists our Facility staff with maintenance of grounds. Within the past seven months, we have completely renovated the outside of the house and part of the inside so that it is more appealing for our residents and fits in more easily with the upkeep and quality of homes of our neighbors. Also, members of our staff and Board of Directors met with neighbors from 12 th and Oak streets to relationship-build, address concerns and discuss ways in which we could increase involvement between our tenants and neighbors. Peninsula Community Mental Health Center(PCMHC) is applying for a conditional use permit for our supported living housing unit at 203 W. 12th Street. This residence has been utilized as a supported living/transitional housing unit for 4-6 unrelated adult residents since 1997. All of the tenants who have resided at this location since 1997 have been low income individuals who have been diagnosed with a mental illness. The typical monthly incomes of residents who rent rooms in this supported housing unit range from $339.00 to $637.00. Of the six current residents at this location, one has a vehicle and typically parks it on 12th street. The other five residents take public transportation as necessary. In addition, one of the current residents is employed. Staff from PCMHC visit the residence 4-7 days per week to provide coaching and skill building activities such as self-advocacy skills training, social interpersonal skills training, meal preparation, and house cleaning. The main goal in supported housing is to provide an independent living setting with minimal supports that will allow the each resident to transition to housing that is operated independently of the mental health center over time. We work to raise the quality of life for each client and empower them to live independently in our community. None of the residents in the supported living unit meet the criteria for higher levels of non-independent living services such as group home, board and care, or inpatient treatment. Each of these services require 24-hour staffing on site. 0 0 Page I of 2 Patrick Barthol ick - Fwd: Conditioner Use Permit PCMHC From: Patrick Bartholick To: Nathan West; Sue Roberds Date: 7/1/2010 1:44 PM S.ubject: Fwd: Conditioner Use Permit PCMHC Attachments: Nathan,Sue Below are my observations and concerns with the draft application submitted by PCMHC. 1. It is my impression, from the information given in the application, there are no changes being made to the operation of the activity, other than possibly giving one of the residents more,responsibility to encourage the others in compliance with house expectations or just giving that person a title (Residence Aide) for things they were already doing. How many Residence Aide's do they have trained and living in other locations? How long has the Residence Aid program been in place?Are there any statistics as to the effectiveness of the program? (I was unable to find a definition of residence aide) 2. There is nothing indicating the amount of time someone other that the Residence Aide, who lives there, is spending at this location. Is the Residence Aide required to spend a certain number of hours available for training each day?The application states the Designated Mental Health Professional is available for emergencies on a 24/7 basis to ensure the safety of the residents (how?). The Case Manager or Peer Support Specialist make visits 5-7 days per week but how long they are there is not stated. This Visits could be for 5 min or 5 hours each, so there is no indication that the residence are supervised for any specific number of hours each day or week. 3. 1 would question the ability of the Residence Aide to require cooperation from house mates in the same manner that staff personnel would. How successful is the Residence Aide program? How many of their clients have developed the self-sufficiency skills needed to transition to more independent living vs. the number that have lived in location like 12th street house long term or have had to go to a situation with more supervision like 2nd Street House? 4. The fact that these people have limited or no contact with family, few social supports and subsist on a low income is not a situation unique to patients of-PCMHC. 5. There is no i-ndication as to the time it takes for a Designated Mental Health Professional to respond to a crisis situation. What are the guidelines given to the Residence Aide about when to call a DMHP vs. 9-1-1? 6. 1 was given the impression by Mr. Casey's explanation during the June 15th meeting that a Peer Support Specialist would be living at the residence. What is the difference in training between a PSS and an RA?As -mentions previously, I was able to find a definition for a Peer Support Specialist but not a Residence Aide. (Google peer support specialist and residence aide) Overall I don't feel the hard.questions about how much supervision is going to be provided and a plan on how to accomplish this has been provided. Pat >>> Peter Casey <peterc@pcmhc.org> 7/1/2010 7:57 AM >>> Good morning Sue and Pat, fileWCADocuments and Settings\pbarthol\Local Settings\Temp\XPgrpwlse\4C2C9BA2DO..,.- 7/16/2010 From: Peter Casey <peterc@pcmhc.org> To: Sue Roberds <Sroberds@cityofpa.us>, Patrick Bartholick <Pba rthol@cityofp Date: 7/1/2010 7:58 AM Subject: Conditioner Use Permit Attachments: CUP.doc; residence aide job description.doc; rental rules.doc Good morning Sue and Pat, I have attached for your review a copy of the Proposed Conditional Use description for the PCMHC CUP application, which we would like to submit as: 17.10.040 Conditional Uses. R. Other uses compatible with the intent of this chapter. I have also included a copy of the Residence Aide Job Description and the expectations for tenants residing in our house that would accompany our application. Please let me know your thoughts. Thanks. Peter Page I of 2 Sue Roberds - 203 W 12th St From: STEPHEN HOWARTH To: Date: 6/19/2010 2:31 PM Subject: 203 W 12th St Sue, I have just reviewed all of the e-mails between you and me. 1. Peninsula Mental Health met with us last October and CLEARLY stated that this was a Group home. 2. My initial e-mail to you summarized the "history" behind this home owned by Peninsula Mental Health, its' acquisition and the COMMUNITY input that was required to receive the initial conditional use permit in a R-7 single family residential zone. 3. The purpose as set forth in my initial e-mail was to engage your office in better oversight of this home. I urged you to consult and review with the police department and detective division all of the recent calls to that property and also told you that at the time of our community meeting with Peninsula Mental Health that they had, indeed, acknowledged to the neighbors present that a sex offender was living there. The home is virtually next to a school!! 4. 1 stated that Peninsula Mental Health was telling you one thing and the residents of the neighborhood something else. 5. It is now many months since my initial disclosure to you and Peninsula Mental Health has never addressed those concerns with the neighborhood that they promised at the meeting in October. Those concerns centered around unsupervised activity of mentally ill patients they had placed there that were disturbing the neighborhood and posed a perceived threat to the residents (ie children). I believe Peninsula Mental Health has stonewalled and used their attorney to otherwise intimidate your office and forge a solution that solely benefits them and not our neighborhood. 6. REMEMBER..........the reason for our initial meeting was to get better accountability from Peninsula Mental Health in the monitoring and rehabilitation of THEIR OWN PATIENTS. 7. Your recent e-mail suggests an "administrative" solution rather than an ethical one it seems to me. I'm sorry to say this, because I know that this has been a real headache for you and Pat Bartholic, However, if THE solution is to rent to one mentally ill person who by the very nature of the existence of the home setting itself, proves that he cannot live independently and then..... place him in charge of 5 other mentally ill non-related individuals who do not have the skills to live independently and to collect rent from those individuals so as to allow Peninsula Mental Health to obviscate their fiduciary responsibly to these patients......well........then perhaps I did move to the wrong town after all. 8. On the other hand.....if Peninsula Mental Health wanted to rent 203 W 12th St to a Certified Social Worker or a Mental Health Care Provider, who lived there, who mentored the residents there and provided guidance and rehabitative skills to live independently....and thus collected rent from them (all of whom are unrelated), then it seems to me that this solution would satisfy the "mission" of 203 W 12th St and satisfy the fears and hopeful expectations of those who live in the neighborhood. (see the original structure and CUP for 203 W 12th St!!!) file:HCADocuments and Settings\sroberds\Local Settings\Temp\XPgrpwise\4ClCD4C6D... 7/27/2010 Page 2 of 2 9. 1 urge you and Pat Bartholic, NOT to agree to a solution that places future neighborhoods in Port Angeles in the same jeopardy that we have faced. R-7 districts need to be nurtured, protected and encouraged.........thatis...... if family oriented neighborhoods and school districts are to survive and flourish. 10. 1 continue to believe that you will not fail me and that you will be true to your mission. file:HCADocuments and Settings\sroberds\Local Settings\Temp\XPgrpwise\4CICD4C6D... 7/27/2010 0 June 15, 2010 NOTES TO FILE: Peninsula Mental Health—203 West 12'h Street IN ATTENDANCE: Peninsula Mental Health representatives: Peter Casey, Grant Munro, Debbie Reed City Staff. Nathan West, Sue Roberds, Patrick Bartholick Met to discuss the status of a pending conditional use permit application- the occupancy of 203 West 12 th-Street as a residence for people with special needs who are living as boarders. Living arrangement characteristics were discussed such as group homes, assisted living facilities, single family, and multiple family occupancies. PMH staff insisted that the residency of a group (5) of individuals under supervision or supported by an outside agency who are living at a residence is not a group home. Residents are supervised by PMH employees on a daily basis and report to PMH regarding their living situations and concerns but they basically live independently and are trying to assimilate into a normal family life. Residents each sign a lease with PMH and pay rent based on what they can afford. City staff believes that the use is more like a boarding house where rooms are let rather than a family unit where everyone pitches in to cover expenses. Each occupant has a different rental agreement and is provided subsidy care from public funds. PMH is paid from public funds and grants for their services. PMH is not licensed to operate a group home at this location and do not wish to become licensed to do so. A group home in the RS-7 zone requires a state license. Staff stressed that the living situation does not seem to be a true family unit if each individual living there is basically paying PMH rent and then being attended to by PMH staff. it appears to function more like a boarding home. That needs to change if the use is to continue in the RS-7 zone which is the most restrictive zone in the City and is intended for single family occupancies with special services as licensed by the state allowed by conditional use permit. PMH will contact staff no later than July 6 with a determination as to a course of action in this matter. In response to comments about neighborhood complaints, Debbie Reed said that she, as a Board Member, had received good feedback from the occupancy from neighbors including Betsy Dinhart and Linda Howarth and believes this is a very supportive neighborhood. Staff commented that neighbors are not non supportive but would like more communication on several issues dealing with the atypical occupancy. Page I of 1 Sue Roberds -Re: Peninsula Community Mental Health Center From: Peter Casey To: Sue Roberds Date: 5/19/2010 2:25 PM Subject: Re: Peninsula Community Mental Health Center Sue, Thanks for your response to PCMHC's application for a conditional use permit for our 12th St. property. I will want to discuss the matter with you further once our Board of Directors has the opportunity to review the City's decision. Peter Sue Roberds wrote: Dear Mr. Casey: Timing is everything, or so they say. Patrick and I have been working on a letter to you for most of yesterday afternoon and this morning, and I just put it in the mail. I will attach it here electronically to you, so you won't be in suspense. I'm sure once you read,you will want to discuss. Either Patrick or myself remain available to discuss the contents with you. Patrick has been working with you closely on this issue, and I am processing, so you can speak to either of us. We'll wait until then. Sincerely, 15UC Kobercls Planning Manager City of Port Angeles,WA (360)417-47 50 srgberds(@cityofpa.us file:HCADocuments and Settings\sroberds\Local Settings\Temp\XPgrpwise\4BF3F4D8DO... 5/19/2010 From: Peter Casey<peterc@pcmhc.org> To: Patrick Bartholick<Pbarthol@cityofpa.us> Date: 5/19/2010 12:56 PM Subject: Peninsula Community Mental Health Center CC: <sroberds@cityofpa.us> Good afternoon Pat. I wonder if you can provide me with an update on where matters stand with the City of PA regarding our 12th St Supportive Housing unit. We have not received a response to the Conditional Use Permit application that.we submitted several weeks ago. Thanks. Peter ADDI. #K�1-1- APPLICANVOWNER INFO riON: Applicant: Address: EaSt ?4-��St. P�D�-f A�VW-�VSW�A Daytime phone#: 360-457 Applicant's representative(if other than applicant): Address: DaytimephoileM Propei ty owner(if other than applicant): Address: DaytimephoneM. PRO ?E Y INFORMATION: Streetaddress' 2 03 U—XSt-1,9q'Y 5-1-fe ef i Pbyi. Afi�-eleS a),4 IS36-7- -010 81OCk Legal description: 3q5 Zoning: t�-S --7 rehensive Plan designation: Property dimensions: .5, 1 Property area(total square feet): -7 00 0 Physical characteristics(i.e.,flat,sloped,vacant,developed,etc.): Flat PRO ?OSED USE INFORMATION: Please describe tile proposed conditional use: aq4etChed dfScr"�22LOr)- Number o employees: o ri e- Hours of operation: o� 0 LJ-V r-e 5 e4+;Y7 Number of on-site parldng spaces: Building area (total square feet offloor area for the proposed activity): �0 �qtLt) py­oI9,DS�ed_ (_6Y) U C�H on SIGNATURES: Applicant: I certify that all ofthe above statements are true and complete tothe best ofty knowledge and aclo7owledge that*`ul misrepresentation of information will terminate thispermit application. I have read this application in its entirety and understand that my submittal will be reviewed for completeness. Iffound to be complete the application will bescheduledforthe next available Planning Commission meeting. Ifnot complete,when requested information has been received the application will be scheduledfOrthe next available meeting. -(- - a 1� - a,0 V 0 Date Signature A =n) Owner(if other than applicant): I am the owner of the subject property identified herein and approve of this application. Signature Date For Staff Use Only: Perrnit No. Appl. complete Add. Info requested MY 0&MIR .-., -41W." -rig ,&'tag-- 'W-IM At '."R.sit Uv' i;Q�M RZ va Ml- RM TO 0 A'4-1 t IRA PORTANGELES Filing Fee: 350.00 Admin. $ 125.00 W A S H I N G T 0 N, U. S. A. CITY OF PORT ANGELES ENVIRONMENTAL CHECKLIST s� Purpose of Checklist: Chapter 43.21C RCW the State Environmental Policy Act (SEPA) requires all governmental agencies to consider the environmental impacts of a proposal.before making decisions. The purpose of this review is to provide information to help you and the reviewing agency identify impacts that may result from your proposal and to identify methods to reduce or avoid impacts from the proposal if they exist. The review will help the agency decide whether further information is necessary or whether an environmental impact statement (EIS) is necessary. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Answer each question to the best of your knowledge with the most precise information known. Provide the best descriptions you can. In most cases you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply (N/A). Complete answers to the questions will avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems please ask the City Department of Community & Economic Development employees to assist you. The checklist questions apply to all parts of your proposal, even if you plan to phase them over a period of time or on different parcels of land. If phasing is proposed, please provide that information in Item 11, the description section. Attach any additional information that will help describe your proposal or its environmental effects and include a site map. BACKGROUND 1. Name of project: A. Address or general location of site: 203 West 12 th Street, Port Angeles, WA 98363 2. Name, address, phone number, and e-mail address (if available) of applicant: Peter 0. Casey, Executive Director, PCMHC, 118 East 8 th Street, Port Angeles, WA 98362 457-0431 ext. 195 3. Name, address, phone number, and e-mail address (if available) of contact person if other than applicant: N/A 4. Date checklist prepared: 4/27/2010 5. Agency requesting checklist: CITY OF PORT ANGELES 6. Proposed timing or schedule (including phasing, if applicable): A. What is the long term objective of this proposal? Continued use of property as a supported housing unit. Environmental Checklist EVALUATION FOR Page 2 AGENCY USE B. How does this project relate to long-term plans? Supported housing is an important aspect of our service array for clients struggling with mental illness. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: N/A 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? N/A If yes, explain. 10. List any government approvals or permits that will be needed for your proposal, if known. None known. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) Peninsula Community Mental Health Center(PCMHC) is applying for a conditional use permit for our supported living housing unit at 203 W. 12 th Street. This residence has been utilized as a supported living/transitional housing unit for 4-6 unrelated adult residents since 1997. All of the tenants who have resided at this location since 1997 have been low income individuals who have been diagnosed with a mental illness. The typical monthly incomes of residents who rent rooms in this supported housing unit range from $339.00 to $637.00. Of the six current residents at this location, one has a vehicle and typically parks it on 12th street. The other five residents take public transportation as necessary. In addition, one of the current residents is employed. Staff from PCMHC visit the residence 4-7 days per week to provide coaching and skill building activities such as self-advocacy skills training, social interpersonal skills training meal preparation, and house cleaning. The main goal in supported housing is to provide an independent living setting with minimal supports that will allow the each resident to transition to housing that is operated independently of the mental health center over time. We work to raise the quality of life for each client and empower them to live independently in our community. None of the residents in the supported living unit meet the criteria for higher levels of non-independent living services such as group home, board and care, or inpatient treatment. Each of these services require 24-hour staffing on site. Environmental Checklist EVALUATION FOR Page 3 AGENCY USE 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 203 West 12 th Street, Port Angeles, WA 98363; Lot 20, Block 345 TPA PROJECT SPECIFIC ACTIONS: Complete this section if your proposal involves a project specific action such as a subdivision, new construction, a new or expanding business, a site specific rezone (not area-wide), a conditional use permit, a shoreline permit, or similar action: ENVIRONMENT 1. Earth A. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other B. What is the steepest slope on the site (approximate percent slope)? N/A C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Unknown D. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Unknown E. Describe the purpose, type, and approximate quantities of any Filling or grading proposed. Indicate source of fill: N/A F. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No G. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? No proposed new construction. H. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: None 2. Air Environmental Checklist EVALUATION FOR Page 4 AGENCY USE A. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. None B. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No C. Proposed measures to reduce or control emissions or other impacts to air, if any: None 3. Water A. Surface: i.) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No ii.) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. N/A iii.) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material: N/A iv.) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No v.) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No vi.) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No B. Ground: i.) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No Environmental Checklist EVALUATION FOR Page 5 AGENCY USE ii.) Describe waste material that will be discharged into the Ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing chemicals; agricultural wastes; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A C. Water Runoff(including storm water): i.) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will the water flow into other waters? If so, describe. Storm water will be directed away from the residence. It will not flow into other waters. ii.) Could waste materials enter ground or surface waters? If so, generally describe. No D. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: 4. Plants A. Check or circle the type of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, water plants: water lily, eelgrass, milfoil, other Other types of vegetation B. What kind and amount of vegetation will be removed or altered? N/A C. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. N/A 5. Animals A. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: None Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other B. Threatened or endangered species known to be on or near the site. None Known C. Is the site part of a migration route? If so, explain. Unknown Environmental Checklist EVALUATION FOR Page 6 AGENCY USE D. Proposed measures to preserve or enhance wildlife, if any. N/A 6. Energy and Natural Resources A. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. There are electric heat sources in the residence. B. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. None; no new proposed construction 7. Environmental Health A. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No i) Describe special emergency services that might be required. None Known ii) Proposed measures to reduce or control environmental health hazards, if any. N/A B. Noise i) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None Known ii) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Long term — normal noises related to residential activities. iii) Proposed measures to reduce or control noise impacts, if any: If tenants disturb neighbors, PCMHC staff will intervene to decrease noise impacts on neighbors. 8. Land and Shoreline Use A. What is the current use of the site and adjacent properties? Site: Supported housing for 6 individuals; adjacent properties: residential B. Has the site been used for agriculture? If so, describe. No C. Describe any structures on the site. 9 room; 6 bedrooms; 2 bath residence with carport and covered patio. D. Will any structures be demolished? If so, what? No E. What is the current zoning classification of the site? RS - 7 F. What is the current Comprehensive Plan designation of the site? Unknown G. What is the current Shoreline Master Program designation of the site? Unknown Environmental Checklist EVALUATION FOR Page 7 AGENCY USE H. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No 1. How many people would reside or work in the completed project? 6 residents; PCMHC daily visits by staff J. Approximately how many people would the completed project displace? N/A K. Proposed measures to avoid or reduce displacement impacts, if any: N/A L Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: N/A 9. Housing A. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 6 low income residents would continue to be served. B. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. N/A C. Proposed measures to reduce or control housing impacts, if any. N/A 10. Aesthetics A. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? No new proposed structures. B. What views in the immediate vicinity would be altered or obstructed? N/A C. Proposed measures to reduce or control aesthetic impacts, if any. N/A 11. Light and Glare A. What type of light or glare will the proposal produce? What time of day would it mainly occur? N/A B. Could light or glare from the finished project be a safety hazard or interfere with views? No C. What existing off-site sources of light or glare may affect your proposal? N/A Environmental Checklist EVALUATION FOR Page 8 AGENCY USE D. Proposed measures to reduce or control light and glare impacts, if any. N/A 12. Recreation A. What designated and informal recreational opportunities are in the immediate vicinity? None Known. B. Would the proposed project displace any existing recreational uses? If so, describe. No C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. N/A 13. Historic and Cultural Preservation A. Are there any places or objects listed on or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe: None Known B. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None Known C. Proposed measures to reduce or control impacts, if any: N/A 14. Transportation A. Identify public streets a*nd highways serving the site and describe proposed access to the existing street system. Show on site plans, if any. 12 th Street, Oak Street, alley B. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No. The nearest bus stops are at 9th and Lincoln and 14 th and Lauridsen. Both are approximately 4 blocks from the residence. C. How many parking spaces would the completed project have? How many would the project eliminate? I There are approximately 7 parking spaces on the streets adjacent to the property; no spaces would be eliminated. D. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate either public or private). No E. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No F. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Up to 2 visits per day to the residence by PCMHC staff. G. Proposed measures to reduce or control transportation impacts, if any. Environmental Checklist EVALUATION FOR Page 9 AGENCY USE No known transportation impacts. 15. Public Services A. Would the project result in an increased need for public services (for example?: fire protection, police protection, health care, schools, other)? If so, generally describe. No B. Proposed measures to reduce or control direct impacts on public services, if any. N/A 16. Utilities A. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. B. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. There are no newly proposed utilities. 17. Economics A. If the proposal will result in expansion of an existing business, please describe the nature of the expansion: (e.g., additional land and/or buildings, new equipment, new employees). N/A B. If the proposal is the creation of a new business, please describe (e.g., re-use of an existing building and site, construction of a new building). N/A C. Describe if the proposal is the first of its type in the community, or what the similar uses are. We operate 4 other residential supported living facilities in Port Angeles. D. How many people will the proposal provide employment for at its completion and what types of jobs will be created (e.g., sales clerks, factory workers, etc.)? (Jobs created by the construction of the proposal should be reported separately.) No new employment created. E. Where will the materials, goods or services utilized by the proposal come from? N/A F. Where will the goods or services produced by the proposal be utilized? N/A G. Who will utilize the goods or services produced by the proposal? N/A Environmental Checklist EVALUATION FOR Page 10 AGENCY USE H. Will the proposal alter the tax assessments of the area? No, the facility has been in operation for many years and until recently we were unaware that a conditional use application process was required. Environmental Checklist EVALUATION FOR Page I AGENCY USE ENDANGERED SPECIES ACT (ESA) INFORMATION A. LISTED SPECIES If ESA listed species (salmon, trout, and chars, e.g. bull trout) are present or ever were present in the watershed where your project will be located, your project has the potential for affecting them, and you need to comply with the ESA. The questions in this section will help determine if the ESA listings will impact your project. Within the City of Port Angeles, the watershed is the Port Angeles Harbor. Are ESA listed salmonids currently present in the watershed in which your project will be: Yes X No Has there ever been an ESA listed salmonid stock present in this watershed: Yes X No Uncertain Please describe-Puqet Sound Chinook Salmon, Strait of Juan de Fuca summer chum salmon, and bull trout are listed as threatened species in the Elwha River, Morse Creek, and the Strait of Juan de Fuca including Port Angeles Harbor. [If you answered "yes"to either of the above questions, you should complete the remainder of this section. ff not, skip to Non Project Action Section Page 13] 1. Name of watershed Port Angeles Regional Watershed (Elwha Morse). 2. Name of nearest waterbody Strait of Juan de Fuca 3. What is the distance from this project to the nearest body of water? (Often a buffer between the project and a stream can reduce the chance of a negative impact to fish.) < 1 mile 4. What is the current land use between the project and the potentially affected water body (parking lot, farmland, etc.)? Residential 5. Is the project above a: ( ) natural permanent barrier (waterfall) natural temporary barrier (beaver pond); man made barrier (culvert, dam); other (explain) N/A 6. If you checked any of the items listed in the above question #5, are there any resident salmonid populations above the blockage? Yes- No Don't know N/A 7. What percent of the project will be impervious surface (including pavement and roof area)? No new construction is proposed. , B. FISH MIGRATION: The following questions will help determine if this project could interfere with migration of adult and juvenile fish. (Both increases and decreases to water flow can affect fish migration.) Environmental Checklist EVALUATION FOR Page 12 AGENCY USE 1 Does the project require the withdrawal of: Surface water? No Name of surface water body Ground water? No Amount From where? N/A Depth of well 2. Will any water be rerouted? No 3. Will there be retention ponds? No If yes, will this be an infiltration pond or a surface discharge to either a municipal storm water system or a surface water body? If a surface water discharge, name of waterbody. 4. Will new roads be required? No (increased road mileage may affect the timing of water reaching a stream and may impact fish habitat.) 5. Are culverts proposed as part of the project? No 6. Will topography changes affect the duration/direction of runoff flows? If yes, describe: No 7. Will the project involve any reduction of the floodway or floodplain by filling or other partial blockage of flows? - No If yes, how will the loss of flood storage be mitigated by your.project? C. WATER QUALITY. 1. Do you know of any problems with water quality in any of the streams within this watershed? If so, describe No 2. Will your project reduce or increase shade along o r over a waterbody? No 3. Will the project increase nutrient loading or have the potential to increase nutrient loading or contaminants (fertilizers, other waste discharges, or runoff) to the waterbody? No 4. Will turbidity be increased because of the project activities? No 5. Will your project require long term maintenance, i.e., bridge cleaning, highway salting, chemical sprays for vegetation management, clearing of parking lots? No D. VEGETATION 1. Will the project involve the removal of any vegetation from stream banks? No 2. If any vegetation is removed, do you plan to replant? No Environmental Checklist EVALUATION FOR Page 13 AGENCY USE NON-PROJECT SPECIFIC ACTIONS: Complete this section only if your proposal involves a non-project specific action such as a Comprehensive Plan Amendment, Zoning Code Amendment, area-wide rezone (City-wide or large sub-area),or other similar action: When answering these questions be aware of to what extent the proposal or the types of activities likely to result from the proposal would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to conserve energy and natural resources: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? knvironmental Checklist EVALUATION FOR Page 14 AGENCY USE Proposed measures to avoid or reduce shoreland and land use impacts: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? N/A Proposed measures to reduce or respond to such demand(s): N/A 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. N/A By affixing my signature hereto, I/we certify and declare under penalty of perjury that the information ftimished herein is true and correct to the best of my knowledge and that I am the owner of the premises where the work is to be performed or am acting as the owner's authorized agent. I further agree to hold harmless the City of Port Angeles as to any claim (including costs, expenses and attorney's fees incurred in the investigation of such claim) which may be made by any person, including the undersigned, and filed against the City of Port Angeles, but only where such claim arises out of the reliance of the City, including its officers and employees, upon the accuracy of the information provided to the City as a part of this application. I further agree that City of Port Angeles staff may enter upon the subject property at any reasonable time to consider the merits of the application, to take photographs and to post public notices. S I G N E D: 0� DATE: aa � 0 PHONE: -23 G 0 4-1S 0 Z 140'.-T W-V L x g, V f IT �d fill 0 A K, S3 TR BE T W9 South Peabody St. DAW, AqWTICT A New Residence For. poxi Angeles, WA 983W62 IT PENINSULA MENTAL 1EALTH A RCHRTECTS 620 WEST 12th STREET, PORT ANGFLES FIOX(900) 452--7064 29.0' 24.0' Carport 24.0' 33.0' 33.0' Storage 23.0' Bedroom Bedroom 23.0' Bedroom Bedroom Up' 4.0' Bedroom .12.0' Full Bath 64.0' Full Bath Down 4.0- Family Room 3.0' 12.0' 64.0' 15.0' Bedroom Kitchen 3.0' 314 Bath 3.0' 15.01 11.01 Dining Room 3.0' Living Room 3.0' 14.0- 11.01 15.0' Entry Main Floor Basement 15.0' 3.0' 14.0' 60 I OA 51 41 31 2_j 12 13 141 161 16) 171 18) 191 20 I OCR Townsite of Port Angeles FRONT OF SUBJECT PROPERTY REAR OF SUBJECT PROPERTY STREET SCENE r, ;,47 N, in VO Frill IF ;wl 4, -A 0 PD, 4r. 41* LT!Mt- _40 4 F.4 U itm Aw -- .1 .. 74W,SN' 46 FEN "C-4 RT NGE Z,L E S g _R, 5_1 W A S H I N G T 0 N, U. S.. A. ommunity.& Economic Development Department RP May 17 2010 P� Peninsula Mental Health Mr. Peter Casey, Executive Director .118 East Eighth Street Port Angeles, WA -98362 _14 RE. 0 Im Conditi nal Use Pe it Application CUP 10-02, st Mental Health. .203 We 12th Street Peninsula Dear Mr. Casey: A substantial amount of communication has taken place-with City staff and-you and your staff regarding the livin -arrangement at 203 West Twelfth Street, which is a., 9 structure owned and o crated by Peninsula Mental Health. The first matter of business is p �Zj� to determine.the type of use that is,-occurring at the site. Followinga great deal of consideration and review of both:State and City development regulations, the last c -respondence*between this�Department and your staff(email of April 15 2010) with or regard to the occupancy of 203 West Twelfth Street wasthat the current use is not one that is permitted in a single family.zone as described. Staff offered to discuss the merits of a-conditional use permit application proposal with you prior to such an,application. That review did not occur, but an application was submitted on-April 30,.2010. After reviewing the information provided in the application, staff will not"be able to recommend that the-Planning Commission approve this application. The Planning Commission must consider a use on the merits'of the proposed use-with respect to n compliance with the purpose of the zone in which the use is located and its association with other uses expected to be located Within that zone. Who the ao licant is' or th&* 1p economics of an issue are not items that may be considered. A conditional use pen-nit is precedent setting in that once found to be in compliance with-a.particular zone, such an activity will become conditionally permitted anywhere the zone is found. In other words a CUP activity is not site specific or user specific. As required by the Federal,Fair Housing Act and the State of Washington,the City of'Port Angeles provides for group homes and assisted living arrangements in all residential zones. However, the activity described does not meet the definition of"group home" or "assisted living arrangement" as defined by the.State of Washington. It would appear that income level is the underlying,reason for the living arrangement. The application indicates that residents have not been-diagnosed with functional disabilities �V severe enough to require supervision provided by those types of facilities. Application information indicates that the income level of the residents is the qualifying factor in the A Phone: 360-417-4750 Fax: 360-417-4711 Website: www.citypfpa.us Email: smartgrowth@cityofpa.us 321 East Fifth Street- P.O. Box 1160/Port Angeles,-WA 98362-0217 Peninsula-Mental Health M -19,2010 ay Page 2 of.2i prop9sedliving arrail xement.'' Income cannot be:considered a:tactor,in�ihe consid6ratiori 9� ofa conditional use ennit. P.. 6 oaficy of 203'West Twelft tredds 'most closely Your descriptionof th occu h A �.,or Single Robffi.�,,Occ anc related.to a,Congregate Living dilitv,:-.Ro6ming ouse ''UP . y� none:of whi&are allowed�in ihe'RS.��'7.Resident-ia.1-�S,lrigl6-Fami-1-y..ione: 'Be6a:dse.the.. ��.aforemenfioned-twes.of housing causes an increas.ed�jnipaci-to -y. Up.w. er e,use are o y permi e e ential:zones,.desi6iated:for-hi h- d -th, ft d in t sid g er, ensit -Resi( eritia ' e' lu th RISM &M d"im"Density H jd6fifified in 1he app ication-is'permitted:n, e' ;R 'C mmercial zones.-.-, Resi ential High.b nsity �,'and 0 P Section 1.8,.,02 040 ofthe Port,;kn -Muni6ipal Code��Ih6C ty -'review er geles the applicatio'n,an& licaht witha written;-deterinination�Ofc'q�M­pleteness� 'pro�vide.lh6- p qPp within 28"days!6fieceiving aI_ddie'8t4mped applicatiod. R'eview�bftfie app idation. zition; materials indicate.that.the.applicationds'tomplote but the.prop6sal'is hot I �a iving situ -Whi 6 staffremains wi thati:'B,permitt6d in the City'sRS-7-zone. I ing and to .1scuss this issue wi yi or your- t _h' th au s aff,-the iise.:propose is,not�onet atmay e �'d d dicat fiMifbe'�eftifi_ e' d in.ffie RS-7 2; The app io ed--as complete and stdff consid re', d 41 -b se on continue:to rocess-; however�s'taff s reco­mmenda`iti��:­' lf beto' deny�'the perm-it a T on the information pontdined,herein incere y S, :7 T - I u oberds,Planning-Manager e R e opin n Cc- Nathan West,�.Dire6tor Co mmunity.:and Economi.c�'-Dev'I e t,, .:Cod C liance.Officer Tat B.artholick; e 0 7p Page I of 2 Sue Roberds - Re: 12th St. Supportive Housing Unit From: Patrick Bartholick To: Peter Casey Date: 4/15/2010 5:42 PM Subject: Re: 12th St. Supportive Housing Unit CC: Nathan West; Sue Roberds Mr. Casey, Without further information we will be unable to comment on the type of Conditional Use Permit PCMHC should apply for. However, we are willing to look at a proposal prior to receiving an application for the CUP, if that will be helpful. Please provide a letter outlining what type of housing you feel the activity is most like, the reasons why it isn't, for example a Boarding Home, and why the CUP should be granted. It is unfortunate you will be out and I wish you a speedy recovery. If a member of your staff is able to provide us with this letter in your absence we try and have a response prior to your return on the 26th. This will allow time for the application to be submitted before the end of the month. I will be out of the office on Friday 4/16 and return on Monday 4/19. Thank you, Pat Pat Bartholick Code Compliance Officer City of Port Angeles 321 East Fifth Street P.O. Box 1150 Port Angeles, WA 98362-0217 Voice: 360-417-4712 Fax: 360-417-4711 Email: pbartholick(acityofpa.us >>> Peter Casey <peterc@pcmhc.org> 4/15/2010 3:10 PM >>> Hi Patrick, The PCMHC Board of Directors have decided to apply for a Conditioner Use Permit for our 12 St. Supportive Housing Unit. I am having some surgery tomorrow and will be out of the office until for 4/26. However, the application has been started and the architect plans obtained, so I anticipate submitted the application to you by 4/30. Do you recommend that we apply for a Supportive Housing Unit or a Boarding Home Conditioner Use Permit? fileWCADocuments and Settings\sroberds\Local Settings\Temp\XPgrpwise\4BC74FFCDO... 5/3/2010 Page 2 of 2 I am also aware that we will need to apply for CUP's for the two houses on 9th St. Perhaps we can at least start with the 12th St. house, and take it from there. Thanks for your assistance. Peter fileWCADocuments and Settings\sroberds\Local Settings\Temp\XPgrpwise\4BC74FFCDO... 5/3/2010 MEMORANDUM co September 13, 1991 TO: Mayor Sargent and City Councilmembers FROM: Planning Department SUBJ: PROPOSED ZONING CODE AMENDMENT - ZCA 91(08)06 CITY OF PORT ANGELES Proposal to amend the Zoning Ordinance with respect to family day care and adult care uses in residential districts City-wide ISSUE; Should the City Council amend the zoning requirements pertaining to adult and child day care facilities? . BACKGROUND: August 28, 199 1, the Planning Commission held a public hearing to consider amendments to the City's Zoning Ordinance, No. 1709, as amended. The proposed amendment would eliminate permitting requirements for adult and child day rare home occupations in residential districts City-wide in specified instances. The proposed amendment would permit family day care homes (up to 12 children) outright in districts which permit residential uses. Day care centers (13 or more i children) would require conditional use permits in residential districts but would be permitted outright in all commercial districts. In addition, the amendment would provide that adult family homes (4 to 6 unr' and supported livi 1 0 elated persons), ing arrangements (dwelling units owned or rented by one or more persons with functional disabilities who receive assistance with daily living and/or medical care from properly licensed individuals or agencies) be permitted in those districts in which residential uses are permitted (except RTP), and residential care facilities (5 to 15 people with functional disabilities) would be permitted with a conditional use permit in the RS-7 and RS-9 Districts and outright permitted in the RMF, residential muld-family district and commercial districts (except OC). Further, a definition is added i.ndicating a "family" limits occupancy to 6 unrelated adults living in a single-dwelling unit. #44 Council Memo - 9/13/91 Page 2 ACTION/RECOMAlENDATION; Following the scheduled public hearing, the Department,recommends Council adopt the attached ordinance maldng the noted changes to Ordinance No. 1709, as amended. If Council concurs, the findings and conclusions cited in the attached excerpt of the Planning Commission Minutes of August 28, 1991, r'ray be used. Or, Council could elect to deny the proposed amendment, citing Council's findings and, conclusions in that case. The Department Report submitted for review at the August 28th meeting is attached for your review. Sue Roberds, Planningkffice Specialist Attachments: Department Report August 28, 1991 Minutes C. Proposed Zoning Code Amendment-ZCA 91(08)06- City of Port Code Amendment - Angeles, Residential DistricA Cit�,�wide: Proposal to allow fa itV Ordinance No-2652 m home day care businesses and adult residential care uses in residential districts cit)-widA as permitred uses. Mayor Sargent reviewed the proposed amendment which would eliminate permitting requirements for adult and child day care home occupations in residenfial districts City-wide in specified instances.and would Permit family day care homes (up to 12 children) outright in districts which permit residentia*l uses. Day care centers (13 or more children) would require conditional use i permits in residential districts but would be permitted outright in all ommerc al c dis',ricts. In addition,the amendment would provide that adult-family homes 1(4 to 6 unrelated persons), and supported living arrangements (dwelling units owned or rented by one or more persons with functional disabilities who receive assistance with daily living and/or medical czre from properly licensed individuals or agencies) be permitted in those districts in which residential uses are permitted (except RTP), and residt-otial care facilities (5 to 15 people with functional disabilities) would be permitted with a conditional use permit in the RS-7 and RS-9 Districts and outright permitted in the RMF, residential multi- family district and commercial districts (except OC). Further, a..definition is a'dded iudicating a *famil.v" limits occupancy to 6 unrelatzed adults living in -a st.ngle-dwelling unit. Mayor Sargent opened the public hearing at 8:58 p.m. Planning Director Collins offered a correction to the staff memorandum from which Nlayor Sargent read her introductory statements. Residential care facilities (5 to 15 people with functional disabilities) would,be permitted with a conditional use permit In the RS-7, R-S-9 and R.MF districts. Nancy Martin. 2340 Samara' Place, expressed corcern about the lack of availability (,T child care in the community and the need to remove as many barriers and duplications in regulatory jurisdictions as possible. Ad-option of the proposed ordinance would help in that way. Ms. Martin reviewed the activities in a family day care home and noted those 'activities are incidental to established residential activities. The day care homes will always be limited to !ess than children. and Ms. Martin felt State licensing procedures are such that City regulation should not be necessary. Further, such duplicate regulation proves to be extremely costly to the applicant. ir a day care provider ceases to be a good neighbor. the City has noise and nuisance ordinanLes, which can be enforced. Ms. Martin noted there are only 24 licensed homes in the City; there is a desperate need for additional care. She discussed the role of Parent line and referenced petitions signed by local residents who are concerned about quality child care in the community. In addition. %Is. Martin referenced a letter from Ms. Darlene Ryan, Principal at Monroe Elementary and Chairman of Lbz Youth 2000 Child Care Committee. She urged Council to adopt the ordinance. 6- 'I'n'COUNCIL NIEETING :-,eptember 17. 1991 LEGISLATION (ConL'd) rrupuscu �UIJIU6 .,iuyur 3argem inquireu ui�vj:­uuriiu u�ku ntr opinion on now many iamijy oa� Code Amendment - care homes sbould be allowed in any one neighborhood. Nis.Martin responded Ordinance No.2652 the model ordinance from the State had suggest?d a registration system. Con t'd) Hovrever, wben that ordinance was rewrinen to fit the language of the Port Angeles ordinance,the registration process was removed. Ms.Martin indicated there would be no objection to it registrntJon process. This would enable the City tu Lrack where the homes are located. AddItIL.."Y,Ms.Martin stressed Lhe need to license the unlicensed day care providers in.order to make child cart morr available,an efforl which Is being concentrated on at the State level. Councilman CormeH noted Council's interest in the zoning aspects or the ordinance with respect to such issues as traffic, parking and noise. Susan Lynch,1511 W. 16Lh,reviewed the negative aspects of the conditional use process she just completed this evening with an appeal hearing. She disaissed Lhe difficult relatJonshJp established with her neighbor because of the conditional use permit application. Ms.Lyuch felt the cost of a conditional use permit might prove to be a deterrent for new day cart homes. Ken Schermer, 738 W.6th.a representative of Lutheran SDCial Services and a rzaltor,addrv3sed Council by noting the addition of day care homes wottid not adversely affect property values In the community. A Counry appraiser has indicated the existence of a day care facWty would Lave no bearing on the assessed value of property. In addition, discrimination against childrTn is not allcwed. Mr. Scherrictr then referenced the committite pmendy working on c__ U M C) revisions to the Comprehensive Plan and the priority which has been established n C: to bave facilities for child care in the commanityt ni4gbborhoods. 8:K M ---i Lois Blank. 1124 Georgians,Is a licensed day care provider. All of the :)utside areas are safe and clean and no complaints have b"n filed against her by the Z) uelghbors. She expressed the opinion that a conditional use permit Is urdair. Jessica Schreiber,3261 Greenn-ce Lane,spoke)a support of the modd ordinance _n li�eing con.-iidertd. Ms.Schreiber,a member of the Parrot Line Advisory Board, C:) ;a _n > reviewed her credentials and expertise,all of which led her to a personal and professional frustration uith the lack of quality and affordable day cvre in Port Angeles. Ms.Schreiber indlcnttd family day cart homes are an essential part or the neighborbGDds,offer a vialuable social beneLt to the community,and offer an CD r– indispensable service to famille% who want their chlidrrn cared for in a safe, :K Ln nurturing home euvironmenL She stmsed the need to encourage unlicensed providers to obtain the nemsary licensurt. Ms.Schreiber urged the Council to M 9dopt the ordinance. > Mayor Sargent Indicated Council had,heard sufficient support for the proposed ordinance and Inquired of the audienct as to whether any ne wished to speak in ,0 opposition. There were none. __q Larr- .r Hayden,a State official responsible for licensing family day care homes, addressed Council by stating his presence was not for the purpose of speaking in favor or opposition to the proposed ordinance. Rather.it was his Intent to be C-1) a source of Information. He advised Council that the State is Laking an active M role in trying to locate uuIlcensed homes and be or assistance in getting those homes licensed. In rrviewing homes for licensure,the agency tries to assurr that -the applicant has met all safety standards, to include traffic as well as the movement of the children from and to family automobiles. In addition,a license is not Issued until the time a letter is received from the Fire Department stating that all pertinent requirements have been MeL Mr.Hayden offered clarification to Coijncilmcmbers in terms of the number or children which can be cared for -Aith/without an assiStaoL He accepted an offer from Councilman Wight for the City to, assist in attempting to locate the unlicensed homes. Ruth Dorr,416 E.lltb,noted there had been no commentaries with regard to the adult care aspect of the proposed ordinance. Shn noted there is also a definite need for adult care. ,%-Ielinda Clevenger,620 Simmons Road.a member or the Youth 2000 Committee. referenced a sun,ev conducted which sPeciff-IlY innuired about the need far adult care. The results indicated the communiry feels there is a need for more adutt care. rrODosed zoolr)L Kpv EricKsnn. 416 E. Hill. fell th� Sar—rnnrp.m� shoL:!d bt,T=r':!Srd C.7 Z��:: Code Arnentiment farni1v carr T�if­ occi— kJrU1DAOCC iju-2&_ (Cont'd) ofivred clarificzaitni it, thaL afthough rTgulstion of adult familv care is the responsibility of another State division. it is his understanding Lb' regulations are quite similar. Karen Unger, 512 E.AhJycn,inquired as to whether any complaints had been filed with the City as to a parking problem. Police Chief Cleland lndlcntzd he would have to check department records In order to respond. Planning Director Collins nottd-complaints have been riled with rqWd to traffic concerns.as Well as substandard roadways. Cecille Greenway, 11D9 Craig Avenue, Director of the Head Start Family Day Care Project,advised Council the requirement for adult care are virtusily the same as for child care. Ms.Greenway felt the segment of the Population which Is consistently cilscriminated against is low income The only facilities Available to this segment Of the community are the licensed facilities, which must be increased. Ms. Greenway urged Council to help facilitate the process of ficensure. 0 Cindy Rasmussen.107 E.13th.a neighbor of a day care provider.noted she has m never witnc-7ted ik parking problem because of such cart being available in the neighborhood. There being no further public testimony, the public bearing was closed at 9:50 pm. m m 0 Mayor Sargent read the Ordinance by title,entitled C>a m ORDINANCE NO._JUL m AN ORDINANCE of the city or Port Angeles C: revising th?: zoning requirements pertaining to adult and child day care facilities.and amendirag Articles 11 TV,and Chapters 17.10, 17.11. 17.20,17.23, 17.26,nvd C);c 17-86 of the > CIW5 Zoning Code,Ordinance No. 17D9,as :K 1 -4 m amended. m C)r- CAmociJinaza HaBett moved to adopt the Ordinance so read by tItI,-_xatboriEing n m c:L4 Publicafion b7 waitumary, cidn the f011owung fLudings and conchmimc X Un (1) T%e Zoning Ordinance does not permit by right day care facilities in any zoning district within the City, (2) The Zoning Ordinance does m not make a specific distinction between size and type of day care [arWtIes; (3) Tle Zoning Ordimance requires that all day care faclUtics obtain a Conditional Use Permit.regardless Of tYM SLzr,End location;(4)The Ziining Ordinance does > not Permit by right residential care facilities in any zoning district within the City, (5) 71e Zoning Ordinance does not make a distinction between size and type of residential care facilities; (6) The Zoning Ordinaace rzquirrs that all V) fesitlLnUal care facilities obtain a Conditional Use Permit, regardless or size, C) type,and locaidon; (7)TIM State's model ordinances for day care and residential cart facilities have been considered for this proposal; (8) 71e Compmhensl'Ve rn Plan has been considered with respect to the Zoning Code Amendr-=Lx; �9) Recent census studies indicate changing composition Of family groups and nigher Incidence Of employment or both parents outside the home;CQNCLUMM' (A) The Zoning Code Amendments are consistent with the COMPmhcn3iye:"ijtn and sPerJfIMl)Y with Residential Policies Nos. 2 and 18, Commercial Policy No. 1, Social Policy No.4.Social Objectives Nos.2 and 3.Land Use Objectives Nos. I and 2.and the following Goals: A community where development and use of the lanit are done In a manner that is compatible with the environment,the cl=rnc. tcristics of the use stud the Users. 77he provision of community facilities which _J meet the needs Of the people of all areas of the city and enhance the character and quality of all areas of the cl ' ty. A Community of viable neighborhoods and vilrim of opportunities for personal interaction, fulfillment and enjoyment, attractive to People of all ages, characteristics and interests: (B) T-he amendments would contribute to Provision of affordable,quality day care which is critical to the well-being of parents and children in the comr"11nity and is needed community set-vice; (C) T'he amendments would contribute to provision of housing facilities for special needs Populations and therefore fulfills a needed --rnrrmnitv-n-;,:-: it)) r",.,n., , . _5 In C;rcurnstances of relationships have 4- _J Proposed Zoning occurred since the Zoning Code and Comprehensive Plan were adopted.-(E)ne Code Amendment- proposed amendment is in the public use and lnttMSL Czundl=an Nktiolsm Ordinamm No. seemaded the szoitkox. (Cont'd) Discussion followed concerning child care homes Yersus adult care homes. In additlon. with respect to a possible registration proms, Fire Chief Glenn responded to an inquiry from Councilman Cornell by noting the Fire Department is comfortable with the State process for licensure of these homes. The Fire Department conducts inspections of the child care homes. Chief Glenn shared his concern about the adult family homes bemuse Of the non-ambulatory nature i of the indlyiduals under care Any homes with less than six adults will not be Inspected by the Fit--Department. Councilman Hallett erprtssed appreciation to the Planning Coznmi,2ion� the Planning Director and staff for the efforts tnken 013 this issue. A rote ww d= takm2 on the modoin wWch carried ananimmsty. V) C7 0 a 0 ;U --i rn M C3 r- M M CA CD M PROPOSED ZONING CODE AMENDMENT ZC'A-91 (08) 6 CITY OF PORT- ANGELES, City-wide: Day care and residential care recrulations. Mr. -Jimerson reviewed the Department Report. Mr. Leonard asked how life safety inspections would occur if the City did not have a permitting process. Fire Marshal Becker responded' that the Fire Department is notified by DSHS when day cares apply for licenses and the Fire Department does inspect all day care facilities. DSHS would not issue a license until the Code is met and inspections have been made. Mr. Leonard asked why day care should be treated differently than other types of home occupations, such as a beauty shop. Staff responded that residential day care, by definition, is accessory to residen- tial use and beauty shops are commercial in nature and do not require residential locations to exist. The Comprehensive Plan does not limit its scope of concern to land use impacts, PLANNING COMMISSION August 28 , 1991 Page 2 but also considers social objectives and the need for adequate community facilities. Mr. Collins pointed out the staff's recommendation does not follow to the letter the model ordinance recommendation. For example, the model ordinance recommends that Residential Care Facilities be permitted by right in all zoning districts. Staff Is recommendation is that a conditional use permit be required in residential districts. Chairman Gruver opened the public hearing at 7: 10 P.M. Nancy Martin, 2340 Samara Place, the director of Parent Line, reviewed the history of the Governor's Task Force which was created to eliminate barriers to provision of day care, resulting in a Bill which was passed requiring local govern- men'�s to study the need for day care. She was concerned that Conditional Use Permit requirements would reduce the avail- ability of day care facilities. The number of children included in a family day care center must include the pro- vider' s own children. She stated the Department of Social and Health Services provides rigorous reviews, and thze City' s reviews would be an unnecessary duplication. DSHS evaluates day care facilities. with respect to fire and health concerns. Family day care centers maintain a residential appearance.. There are no exterior signs; there are no significant numbers of parked cars; they do not appear as a business from the outside. She noted that Parent Line, -hich acts as a referral source between parents searching for day care and licensed day care providers, is unable to provide referrals for approxi- mately 25% of the .people who. call in, and it is especially difficult to find day care for those who have infants two years and younger. The slow economy in the region has resulted in increasing numbers of two empiLoyed persons in the households - the mothers are forced to go to work to support the household. There is ambiguity in the current codes with regard to child care. Child care is not defined. It is a question whether it should be interpreted as a home occupa--ion L or as a pre-school or something else. The Conditional Use Permit process is tine-consuming; it is costly; and it dupli- cates the State ' s processes. The SEPA review process is burdensome and serves no practical purpose. There are 200 communities in Washington which already exempt day care facilities; 85 communities have responded to the model ordinance prepared by the State. -Mr. Catts asked what percent .of care centers in Port Angeles are operating without a license. Ms. Martin responded it is hard to estimate because parents who use the. "underground" day cares are very secretive about letting anyone know who is providing those ,services. Jessica Schreiber, 3261 Greentree Lane, stated there is a need for day care to be provided in Port Angeles. The City should hot onlybe removing barriers to day care, but encouraging it also. There are sound policy reasons to support exempting family day care facilities from home occupations. She cited PLA" ING COMMISSION August 28 , 1991 Page 3 a traffic study which was conducted on the impact of day cares in residential zones, which found that traffic increased only slightly and that the distribution of automobile traffic was spread out evenly throughout the day. There was no signifi- cant back-up of cars at any one time. Further, residential day cares should not be treated the same as a business, as there is not enough money to be made by the providers. Many of the providers are working for poverty level wages. She noted there is a turnover rate in providers of approximately 40%. Family day care centers provide an opportunity for care of children within a home setting and not in a commercial setting. There are conflicting State and local regulations, which create confusion for the provider, resulting in many day care providers avoiding the licensing procedures and working "underground" . In response to questions from the Commission, Ms. Schreiber stated many day care providers charge $1. 50 per hour per child. Conflicts between State and local regulations could include the number of children allowed, the amount of play area requirE -., fire safety and '.ouilding code differences. Lois Blank, 824 Georgiana, stated DSHS puts the providers through a rigorous review which involves personal and criminal checks. Providers are required to obtain first aid training and CPR training. Day care homes are inspected annually by the Fire Department. They are required to maintain smoke detectors and the houses be child-proofed to protect the children from any poisons, wood stoves, etc. , which could present a hazard. Health issues are also considered, noting, for e.xample, the children ' s coats have to be located so they do n-.-)t touch each other; the dirty diapers are to he placed in plastic bags and the parents take them home to dispose of. There is a heavy demand for child care in Port Angeles' which needs to be filled. Larry Hayden, 1831 West Seventh Street, stated he is employed by the Department of Social and Health Services and is responsible for licensing family day care homes. He pointed out he is neither a proponent nor an opponent for the proposed ordinance amendment; rather, he was making himself available for cruestions on State regulations and licensing procedures. The State licensing procedure is rigorous, taking 90 to 120. days to complete. of those who apply for approval , approxi- mately one-third actually make it through the process. The other two-thirds drop out because either the process is too extensive or complex, or often because the applicant is found to have a criminal record. It is his job to look at three aspects of the family , day care home when evaluating an application. He looks at the person; their character, back-. ground, education, etc. He looks at the physical facility: are the bathrooms adequate? Is there adequate interiors ace? p Is there adequate exterior space? Are child-.proof fences ' provided/ He pointed out that DSHS cannot issue a license until the Fire Department has certified that the home meets the Code. . The third criterion for evaluation is the program to be provided. He referenced that. the State has a set of PLANNING COMMISSION August 28 , 1991 Page 4 developmentally appropriate practices. The licensing process can typically result in cost to the applicant that ranges from $1, 000 to $5, 000. Day care providers are required to be insured and the Department of Social and Health Services also monitors the food programs. Food programs are run by a private non-profit organization, which makes food available to all licensed day care facilities at a discount. The State tries to inspect each day care once a month if possible. Inspections are unscheduled and drop-in visits are made at random. In response to questions from the Commission, Mr. Hayden stated that the City of Port Angeles could abrorb twice the number of existing family da,', care homes, noting there is a Z--pecial need for day care homes which provide service to infants two years of age and younger. The licensing applica- tion fee for DSHS itself is $24 . Most of the cost of licens- ing comes from the need to upgrade the facilities to meet the State standards. Required fencing is typically the most expen:�ivp �tem. The State is trying to encourage day care facilities, noting that Parent Line was created as a means to match up parents in need of day care with licensed ' day care providers. He has not had any problems with conflicts between State and local regulations. Those are the type of things that, may affect the providers themselves, but not him as an employee of the State. The State has the power to revoke licenses; however, they probably would not revoke a license if neighbors were to complain about excessive noise. Rather, they would work with the provider to arrange for activities and operations that would not generate as much noise. Mr. Hayden noted that he is responsible for licensing all of Clallam County and a portion of Port Townsend. There are 52 licensed centers in Clallam County and approximately 30 in Port Angeles. The time-consuming aspect of obtaining State licensing is not a result of bureaucratic processes. Rather, it is mostly attributed to the tine it -takes to comply with the requirements of the State. Contractors need to be arranged for and the work needs to be carried out. Re- inspections need to be made after work is completed. It is very difficult to complete the process in 90 days - 120 days is more realistic. The high turn-over rate can, in part be attributed to the lack of income generated by a family -day care home. Many providers will move and not re-open a day care after they move. Many day care providers get tired of the constant review by the State. The City's application costs become a burden when they are added to all the other expenses necessary to comply with the State's requirements to open up, especially when .the day care provider is just start- ing and does not have any income .yet. He estimated approxi- mately one-third of the day care, providers would have quit-had they been required to follow up with the city's permitting process. Mr. Hayden stated that much of his job is to act as an investigator; that he has a significant amount of authority in investigating the backgrounds of potential day care providers. CIIY Ui PORI ANGELES *** CUSfUMER REC;EfPf *** Ooer: KLMERY Type: LT Drawer: I O�te: 4/30/10 01 Receipt no: 46j67 Description guantitv Alount 2ol@ 8 PZ PLANNING & ZONINU 1.L40 i3JO.00 Trans number: W62629 PENIN COMM VIEWAL HEALAH PININSULA LOMM MENIAL HLAL1H 118 E 8TH Sf GROUP LIVING Ulk� W-8 Tender detail CK CHLUK 813A 0bo.00 fatal tendered i3jil.00 $6L .00 Total payment bo frans date: 4/15V/I@ Ti0e: 12:26:06 *ii !HANK YOU FOR YOUR PAYMLNI FOR INGUIRIES 360-451-0411 PRE�� L�RO W&L 11 Yu�PA.V?' ipORT ,4,V "A� 0 7 CITY OF PORT ANGELES 321 E Fifrh P 0 Box 1150 PORT ANGEL--S.WASHINGTON 98362 PHONE (206) 457 041.1 '4A N N VWO' August 16, 1994 Mr. Don Zanon Peninsula Community Mental Health 118 East Eighth Street Port Angeles, WA 93362 Re: Extension of Conditional Use Permit - CUP 91(06)10 PENINSULA COMMUNITY MENTAL HEALTH - 203 West Twelfth Street Dear Mr. Zanon: As you know, following a public hearing conducted on August 10, 1994, the Planning Commission moved to extend the conditional use. permit referenced above for- an additional jWg year W.riQd, until June 12, 1996, with the original conditions noted below for your refer-ence: Coditim: 1. No automobiles will be owned or used by the teenage residents. -graded outr ch program to improve Group home staff will continue to institute an up ea communications to deal with issues and problems, and result in improved neighborhood relations. Please note the June 12, 1996, extension deadline on your calendar, and be reminded that an W extension request must be submitted one month prior to that date. If �ou have any questions, or if we can be of assistance, please do not hesitate to contact this Depdrtment at 457-0411, extension 159. Sincerely, Sue Roberds Planning Office Specialist cc: Building Division, Public Works Dept. & V to?" 0 118 East Eighth Street Port Angeles,WA 98362 Phone (206) 457-0431 FAX(206)457-0493 May 13 , 1991 City of Port Angeles Planning Commission City Hall Port Angeles , WA 98362 Dear Sir/Madam: Peninsula Communi.ty Mental Health Center is petitioning for a conditional use permit for the property located at 203 West 12th Street ( Port Angeles ) . This property is being acquired for the intended use of establishing an Adolescent Transition Home which will be licensed by the Department of Social & Health Services (WAC 388-73 ) as a group home. It is intended to provide a residential environment for four adoiescent girls who are in need of 24 -hour supervision, training, and treatment in order to transition to an independent living environment. This type of program is needed in our community since there is no similar service and it enables adolescents to be kept in their local community rather than be transported off the Olympic Peninsula to Olympia, Vancouver, or Seattle. Upon review of the city zoning ordinance, it is noted that the requested conditiona'l use is permitted in areas designated RS7. It is also noted that there are no areas designated where group homes may be located without a conditional use permit . I look forward to working with you and your staff to expedite this request. ncerely, Donald R . Zanon Executive Director DRZ/LMC 9 application ViCL9i'L-Y & -c -Lte plan - Lilinq fee: $90 labels of property o%;ners ( se-- letter) CITY OF PORT ANGELES Conditional Use Application Form ase read all instnictions before compklj�Llf=-, APPLICANT INFORMXTION: PENINSULA COMMUNITY MENTAL i) Applicant HEALTH CENTER Daytime Phone 17-0411 C Address 118 EAST 8TH STREET, PORT ANGELES C- C/o PRIM MEYER 452-7861 Properly Oymer WILLIAM & CAROL CARL Phone J..4 REPRESENTED BY PHILI MEYER, COLDWELL BANKER REALTY J) Address Jj() r.,,A,,T Frg�,,T SELF C.V Applicaw's Repre-ventative = C rn C r Address 5 r rn PROPERTY INFORMATION: a) Street Address 203 WEST 12TH STREET b) beegal Description LOT 20, BLOCK 345 , TOWNSITE OF PORT ANGELES c) Zoning RS7 Area — Dimensions LOT: 50 x 140 rn EXISTING SINGLE FAMILY RESIDENCE ON d) Characteristics (i.e., flat, sloped, treed, etc.,— CORNER LOT, SLIGHT SLOPE TO NORTH. rn c) Size and condition of roads in area (i.e., standard width, paved, etc.) ALL ROADS STANDARD WIDTH, PAVED, WITH SIDEWALKS. NEIGHBORING AREA INFORMATION: (a) Zoning RS7 (b) Characteristics (i.e., flat, sloped, treed, developed, etc.) ALL j�,REA DEVELOPED RESIDENTIAT,; BED & RRFAKFAST STTF NORTH ArRO.Sq AT,T.r PROPOSED USE U* ORMATION: (a) Type Of Use ADOLESCENT TRANSITION HOME (b) Spccific location on property 203 WEST 12TH STREET Conditional Use Pernit Application Form Page 2 (c) Characteristics of proposed use THE HCM WILL BE A LICENSED (WAC 388-73) RESIDENCE FACILITY FOR FOUR ADOLESCENT GIRLS WiO ARE AT RISK FOR PLACEMENT OUTSIDE THE 92LIUNITY.- = WILL RE ';11PFfZVT';PD RY ADJIT-T qTAFF M A -)4-HQTIR BARTR (7 nAyg A 9RFi<) Amn WTT.T. Rr- PREPARING FOR TRANSITION TO SEMI-INDEPENDENT OR INDEPENDENT LIVING ARRANGEMENTS. THE ADOLESCENTS WILL BE RErERRED BY THE DEPT. OF CHILDREN & FAMILY SERVICES. THE SUPER- VISION, TRAINING, AND TREAnv= SERVICES WILL BE PROVIDED BY PENINSULA C'X-11ff4TJ'LT,Y MENTAL HEALTH CENTER. 5. JUSTIFICATION FQR ALLOWING USE; THIS PRWECT IS BEST CONDUCTED IN A HOMELIKE ENVIROt4IJENT WHERE ADOLESCENTS CAN LEARN APPROPRIATE BEHAVIORAL AND MANAGEIENT SKILLS NEEDED TO TRANSITION TO INDEPENDENT, LIVING ENVIF?0NAP\rI`S. FURTHEIMRE, THIS TYPE OF PROGRAM (GROUP HaME) IS PEFNITTED UNDER CONDITIONAL USE IN RS7. PLEASE NCTE FURT?IER THAT THERE IS NO ZONE WHERE THIS TYPE OF PROGRAM MAY OPERATE WITHOUT CONDITIONAL USE PERMIT. I CERTIFY that all of the above statements are true to the best of my knowledge and ack7wwledge that wi��l misrepresentation of information will terminate the permit. PENINSULA CQM?w1,UNjTY File No. C-I )F Rec'd Signature Recpt. No. Donald R. Zanon, Exe&teve Director Hewing —0// Dated May 1.3, 1991