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Community Assets & <br /> Development Department <br /> <br /> MEMORANDUM <br /> <br /> <br />DATE: March 16, 2017 <br /> <br />TO: Planning Commission <br /> <br />FROM: Janice Gundlach, Asst. Director of Community Assets & Development/Planning Director <br /> <br />SUBJECT: Draft Temporary Family Health Care Dwelling License <br /> <br />Attached is the most recently revised draft of the Temporary Family Health Care Dwelling License <br />Ordinance. The draft is in track change format allowing revisions to be easily identified. These changes <br />were requested at the February 21st Planning Commission work session discussion. <br /> <br />Beyond these minor revisions, Commissioners expressed concerns regarding the Removal Agreement <br />and legal implications on a variety of “what if” scenarios involving non-compliance with the ordinance <br />rules. Staff has discussed these concerns with the City Attorney and finds no additional ordinance <br />revisions are necessary at this time. To ensure the Commission’s concerns were appropriately <br />addressed, staff provided the Commissioner concerns to the City Attorney via email, to which the City <br />Attorney provided written responses back. See attached email thread dated 3-16-2017. <br /> <br />Staff is recommending the Commission discuss the draft ordinance and the City Attorney feedback on <br />legal concerns and determine if additional ordinance revisions are necessary. The next step would be to <br />schedule a public hearing at the next Planning Commission meeting. While a public hearing isn’t <br />technically required because this ordinance will become part of the City Code, and not the Zoning Code, <br />staff is recommending the hearing process as the license does have some effect on land use (albeit <br />temporarily). Additionally, the opt-out ordinance previously adopted by Council would need to be <br />rescinded. <br /> <br />In order for the ordinance to take effect, the Council will need to adopt it following a Commission <br />hearing and recommendation. After Council adoption, the ordinance would need to be published in the <br />official City newspaper. If the Commission wishes, the ordinance could be moved forward for public <br />hearing on April 18th, with the Council then slated to consider on April 25th, and a publication occurring <br />on May 3rd. <br /> <br />Attachment <br /> Draft Ordinance <br /> 3-16-2017 Email from City Attorney <br /> <br />