A. 
The City of Molalla intends for this chapter to implement state law with regard to the siting of certain residential child-caring facilities.
B. 
This chapter is intended to regulate the siting of child-caring facilities that are comprehensive in nature. Such facilities may include, but are not limited to, those that provide 24-hour care, those that provide rehabilitation or counseling services, or those that provide care or other instruction to youths committed to the custody of the facility by a court, including a juvenile court, or by the Oregon Youth Authority.
C. 
This chapter is not intended to regulate the siting of day care facilities, whose general purpose is to supervise children in a parent's absence on a less than 24-hour basis, and most typically during work hours, and whose substantial purpose is not providing rehabilitation, counseling, or other similar services to youths.
D. 
This chapter only allows for the siting of facilities that are fully authorized by this chapter. This chapter shall not be construed to authorize the siting of a facility that is not specifically prohibited herein.
(Ord. 2004-04 §1)
"Agency"
means any person or organization providing substitute residential care for an average daily population of eight or fewer children. "Agency" includes, but is not limited to:
1. 
Child-caring agencies licensed by the Department of Human Services under ORS 418.205 to 418.325;
2. 
Foster homes as defined in ORS 418.625 providing care for more than four children; and
3. 
Youth care centers as defined in ORS 420.855.
"Average daily population"
means the sum of days in residence of all children residing in a child caring facility during a certain period divided by the number of days in the period.
"Child-caring facility"
means a residence or building used by an agency to provide substitute residential care for children in conformance with this chapter.
"Operator"
as used in this chapter means the person or persons responsible for the day-to-day operation of a child-caring facility.
(Ord. 2004-04 §1)
As required by state law, these standards shall apply to all areas within the City's jurisdiction, including single-family residential zones.
(Ord. 2004-04 §1)
A. 
In order to request the siting of a child-caring facility, an agency shall submit an application to the City Manager or designee. An application shall contain the following information, materials and items:
1. 
An application fee in the amount of $500.00. This amount may be modified from time to time by City Council resolution.
2. 
A narrative detailing the nature of the proposed facility, including but not limited to the following information:
a. 
The number of residents proposed to occupy the facility at one time;
b. 
The length of time each resident will stay at the proposed facility;
c. 
The average daily population of the proposed facility's residents, based on the above definition;
d. 
The age range of the residents that will occupy the proposed facility;
e. 
The reason or reasons that the residents will occupy the proposed facility, and whether any or all residents are under the jurisdiction of a court, including a juvenile court;
f. 
The number of employees expected to work at the facility and the ratio of employees to residents;
g. 
The hours that the proposed facility intends to operate.
3. 
A response addressing each of this chapter's standards, described below at Section 9.10.050, including an explanation demonstrating how compliance with each standard will be achieved.
4. 
A resume of the proposed facility's operator(s) that includes:
a. 
The operator's name, address, telephone number and email address;
b. 
The operator's educational and professional background;
c. 
Professional references who may be contacted regarding the operator's experience.
5. 
A copy of the agency's application for state certification of the facility.
6. 
Any other information deemed necessary by the City Manager or designee.
(Ord. 2004-04 §1)
A. 
A facility shall comply with all applicable structural, fire and health and safety code requirements.
B. 
A facility shall not be located closer than 1,000 feet from any other facility or any school, library, or public park or public recreation area.
C. 
Security.
1. 
A facility must have and maintain adequate security measures for the safety of its residents and the surrounding community. Such measures shall include:
a. 
A monitoring system whereby no person may enter or leave the facility without express permission of the operator or its designee;
b. 
Entrances and exits that are controlled and are under the supervision of the operator or its designee;
c. 
Windows that use appropriate non-shattering composite material instead of glass, and that cannot be used as a means of exiting or entering the facility;
d. 
A resident-to-employee ratio of no less than two to one, to be maintained at all times.
e. 
Other reasonable security procedures or devices that the City finds necessary to ensure the safety of the facility's residents or the surrounding community.
D. 
Conditions of Approval.
1. 
The City may attach appropriate conditions of approval to an application for a child-caring facility. If an application is approved, the City shall attach the following conditions of approval:
a. 
The agency shall enter into an agreement with the Molalla Police department that will reimburse the department for all of its actual costs incurred in responding to excessive incidents occurring at or involving the facility. The agreement shall be in a form acceptable to the City Attorney.
b. 
The agency shall enter into an agreement with the Molalla Fire District that will reimburse the District for all of its actual costs incurred in responding to excessive incidents occurring at or involving the facility. The agreement shall be in a form acceptable to the City Attorney and to the attorney for the District.
c. 
The agency shall apply for conditional use review in the facility's underlying zone, and receive conditional use approval from the City.
E. 
Final occupancy shall not be granted until the agency demonstrates that its application to operate the facility has been approved by the state.
(Ord. 2004-04 §1)
A. 
After an application is submitted proposing to site a child-caring facility, the City Manager or designee shall review the application for conformance with this chapter. The City Manager or designee may reject any application that does not contain all of the information required by Section 9.10.040.
B. 
After receiving an application that contains all of the information required by Section 9.10.040, the City Manager shall schedule a hearing before the City Council. The purpose of the hearing shall be to review a report prepared by the City Manager or designee that evaluates the application and recommends whether the application should be approved or denied.
C. 
At least 15 days before the City Council hearing date, property owners within 500 feet of the proposed facility shall be mailed a notice of the City Council hearing. The notice shall at least contain a brief description of what is being proposed, the date, time and location of the City Council hearing, and an invitation for those receiving notice to submit testimony, either orally or in writing, at the hearing.
D. 
Within 90 days of the date the City receives an application that contains all of the information required by Section 9.10.040, the City Council shall issue a decision on the application. The 90-day period may be extended by mutual agreement of the City and the agency applying to site a facility.
E. 
If the City Council denies an application, it shall adopt findings describing how the application does not conform to this chapter.
(Ord. 2004-04 §1)