Resolution 4168 - Laserfiche WebLink

Second Chance SPU #5-93 Page -7- 20. The Attorney General of the State of Washington issued an opinion on the proposed facility. In the Attorney General opinion it was stated that the proposed juvenile care transition facility is a permitted use in a C-2 zone. A summary of the Attorney General's opinion (exhibit#9) is that if a term is not defined in the City code, it should be given its "commonest accepted meaning". The common and accepted meaning of a correctional facility, according to the Attorney General, is a facility housing persons convicted of crimes and having their freedom restricted and who are confined for the purpose of punishment and rehabilitation. According to the Attorney General, the proposed facility falls within this meaning of a correctional facility and should be allowed. The Attorney General also wrote that although the term "correctional facility" is not defined for juveniles, it is defined in RCW 70.48.020(4) for the incarceration of adults. The definition in this statute is a facility that is designed, staffed, and used for the housing of persons serving terms for the purpose of punishment and rehabilitation following conviction of a criminal offense. 21. Opponents submitted that the definition of a "correctional facility" as set forth in RCW 70.48.020(4) is not applicable to the review of the Second Chance facility. According to the spokesperson for the opponents, this statute pertains only to adult facilities and not to juvenile facilities, and only applies for County or City government operated facilities. According to the opponent, the Second Chance is a private facility and does not qualify. 22. Slatten contended that the juvenile facility is a Group Care Home - Class II. In EMC 19.4.010, Group Care Homes - Class II, are defined as "State licensed group-care homes for juvenile delinquents, halfway homes providing residence in lieu of institutional sentencing, halfway houses providing residence to those needing correctional institutions, and residential rehabilitation centers for alcohol and drug abusers". Slatten contended that group care homes in C-2 zones are limited to 20 persons, and because the juvenile facility as a group care home exceeds the 20 person limit, it is prohibited in a C-2 zone. CONCLUSIONS 1. The Applicant requested approval of a Special Property Use Permit and the issuance of Building and Public Works Permits for the construction of a 28 bed juvenile care transition facility. The project is proposed to be located on the corner of 40th Street and Smith Avenue, Everett, Washington, which is zoned C-2.