Chapter 18.35
ESSENTIAL PUBLIC FACILITIES AND BEHAVIORAL HEALTH FACILITIES
Sections:
18.35.010 Siting criteria for behavioral health facilities.
18.35.020 Siting criteria for essential public facilities.
18.35.030 Registration and licensing requirements for a group home.
18.35.010 Siting criteria for behavioral health facilities.
The following criteria will be considered when siting behavioral health facilities, including inpatient and outpatient facilities and opioid treatment mobile units:
A. Proximity and/or access to social services, transportation and other services to meet the needs of patients and support facility operations.
B. Prior to application, applicant should submit an operations plan that addresses the following:
1. Facility point of contact (email, phone);
2. Process for communicating with neighboring residents and businesses;
3. Policies and procedures to address neighborhood concerns;
4. Number of residents and expected length of stay;
5. Facility rules and regulations;
6. Staffing plans (number and shifts);
7. On-site parking plan and anticipated response calls;
8. Safety and discharge plan.
C. Proposed development shall be licensed by the appropriate state authority and subject to their building requirements.
D. The proposed development shall:
1. Be consistent with the purpose of the zoning district in which it is located;
2. Provide a landscaping plan which shall provide an aesthetic buffer adjacent to residential uses;
3. Make adequate provisions for drainage, vehicular, and pedestrian access (including emergency vehicle access), water, sewer, recreational areas, and any other relevant features necessary to serve the public interest; and
4. If sited in a residential area, the facility should be compatible with any bulk, scale, or design standards in the established zone.
E. Opioid Treatment Program Use Specific Additional Provisions.
1. Opioid treatment programs must be licensed by the state of Washington and follow the licensing and certification process directed by RCW 71.24.290, which includes the following:
a. Submitting a completed behavioral health agency licensing application, a community relations plan, and fee.
b. Submitting policies and procedures demonstrating compliance with chapter 246-341 WAC for review and approval.
c. Obtaining drug/controlled substance registration from the Pharmacy Quality Assurance Commission.
d. Obtaining accreditation from a federally recognized accrediting organization.
e. Obtaining approval from the federal Substance Abuse and Mental Health Administration (SAMHSA) and the federal Drug Enforcement Administration (DEA).
2. The city may require conditional use permits with reasonable conditions for siting of opioid treatment programs only to the extent that such reasonable conditional use requirements applied to opioid treatment programs are similarly applied to other essential public facilities and health care settings.
3. The city of Sumner may not impose a maximum capacity for an opioid treatment program.
F. Opioid Treatment Program (OTP) Mobile Units Specific Additional Provisions.
1. A mobile unit must be an extension of an existing, licensed opioid treatment program.
2. Before operating a mobile unit, an established OTP must complete the following steps (in the order they appear below):
a. Obtain a drug/controlled substance registration from the Pharmacy Quality Assurance Commission.
b. Obtain approval from the Drug Enforcement Agency (DEA).
c. Submit a BHA Mobile Unit Notification form and a copy of the DEA approval for the mobile unit to Department of Health.
d. Obtain approval from the State Opioid Treatment Authority (SOTA).
e. Obtain approval from the Substance Abuse and Mental Health Services Administration.
3. The mobile unit may only provide services for which the OTP is currently certified to provide. If the mobile unit will be providing additional services, those must be added to the BHA license before the mobile unit will be approved. (Ord. 2878 § 30, 2024)
18.35.020 Siting criteria for essential public facilities.
The following development and operating conditions shall be established for essential public facilities. Small group homes (with eight or fewer residents) are exempt from the siting criteria. Large group homes (greater than eight residents) are exempt from the siting criteria only when located in MDR or HDR zones.
A. Documentation of Need. The applicant or project sponsor must demonstrate the need for the proposed EPFs. Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities and projected demand for this type of essential public facility.
B. Consistency With Applicant’s Plans. The proposed project should be consistent with the applicant’s own long-range plans for facilities and operations.
C. Consistency With Other Plans. The proposal must demonstrate the relationship of the project to local, regional and state plans. The proposal should be consistent with the comprehensive plan and other adopted city plans. In evaluating this consistency, consideration shall be given to urban growth area designations and critical area designations, population and employment holding capacities and targets, and the land use, capital facilities, transportation, housing, and utilities elements of these adopted plans.
D. Relationship of Service Area to Population. With the exception of linear transmission facilities, the facility’s service area population should include a significant share of Sumner’s population, and the proposed site should be able to reasonably serve its overall service area population.
E. Minimum Site Requirements. Sponsors shall submit documentation showing the minimum siting requirements for the proposed facility. Site requirements shall be determined by the following factors: minimum size of the facility, access and transportation needs, support facilities, topography, geology, and mitigation needs. The applicant or sponsor shall also identify future expansion needs of the facility.
F. Alternative Site Selection. The applicant or project sponsor shall search for and investigate two alternative sites before submitting a proposal for siting review. The proposal shall indicate whether any alternative sites have been identified that meet the minimum site requirements of the facility. The applicant’s site selection methodology will also be reviewed. Where a proposal involves expansion of an existing facility, the documentation shall indicate why relocation of the facility to another site would be infeasible.
G. Distribution of Essential Public Facilities. In evaluating a proposal, the city shall examine the overall distribution of essential public facilities within greater Pierce County and within the city, to avoid placing an undue burden on any one city and any one neighborhood within the city.
H. Public Participation. The applicant or sponsor shall provide for local public participation in the development of the proposal, including mitigation measures. Sponsors shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. The sponsor’s efforts in this regard shall be evaluated.
I. Consistency With Local Land Use Regulations. The proposed facility shall conform to the city’s land use and zoning regulations that are consistent with the applicable county-wide planning policies. Compliance with other applicable local regulations shall also be required.
J. Compatibility With Surrounding Land Uses. The project documentation shall demonstrate that the site, as developed for the proposed project, will be compatible with surrounding land uses.
K. Proposed Impact Mitigation. The proposal shall include adequate and appropriate mitigation measures for the impacted area(s) and community(ies). Mitigation measures may include, but are not limited to, natural features that will be preserved or created to serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures shall be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment.
L. Additional Siting Criteria for Secure Community Transition Facilities.
1. In no case shall a secure community transition facility (SCTF) be sited adjacent to, immediately across a street or parking lot from, or within the line-of-sight of risk potential activities or facilities in existence at the time a site is listed for consideration. Line-of-sight has been estimated to be 600 feet from a risk potential activity or facility, which distance has been determined to be the maximum distance at which it is possible to reasonably visually distinguish and recognize individuals. Through the conditional use process, line-of-sight may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created which would reduce the line-of-sight to less than 600 feet.
2. The site or building shall meet all of the security requirements of RCW 71.09.285.
3. No SCTF may be located within 600 feet of any residentially zoned property. (Ord. 2878 § 30, 2024)
18.35.030 Registration and licensing requirements for a group home.
It is a condition of occupancy for group homes, as defined in SMC 18.04.0455, that the provider of the housing has obtained the correct license from the appropriate state authority, if the state of Washington requires licensing for the type of facility. In addition, recovery residences, as defined in SMC 18.04.0851, shall be listed on the registry of approved recovery residences maintained by the state Health Care Authority pursuant to RCW 41.05.760. A use shall discontinue and be vacated whenever a group home is no longer licensed or, in the case of a recovery residence, is no longer listed on the state registry. Group homes not subject to licensing and/or certification requirements shall be operated by government agencies or by organizations that demonstrate a capability to operate a home according to the best practices for the health, safety, and welfare of the residents. (Ord. 2902 § 1, 2024)