HomeMy WebLinkAbout05-28-2014 Hearing Examiner Packet
HEARING EXAMINER
May 28, 2014
5:30 p.m.
City Council Chambers
25 West Main Street
I. Case No: Police Incident Report 14-04764
Applicant: Candice Gonzales
Request: Appeal of Potentially Dangerous Dog Designation
II. Case No: CUP13-0004 Valley Cities Phoenix Rising
Applicant: Valley Cities Counseling and Consultation
Request: Conditional Use Permit for the construction of 36 single residential
occupancy units providing housing for homeless youth and young
adults.
Project Location: 915 26th Street NE, Auburn, WA 98002, Parcel No. 0001000068
III. Case No: CUP14-0001
Applicant: Shao Xia Zhu & Gary Kiefer, 12720 SE 318th WAY, Auburn, WA 98092
Request: Conditional Use Permit for the Zhu/Kiefer Communal Residence
(1), based upon the Findings of Fact, Conclusions, and
Conditions.
Project Location: 12428 SE 318th WAY, Auburn, WA 98092 within the SE ¼ of
Section 09-21-05. King County Assessor Parcel No. 7137900190.
IV. Case No: CUP14-0002
Applicant: Shao Xia Zhu & Gary Kiefer, 12720 SE 318th WAY, Auburn, WA 98092
Request: Conditional Use Permit for the Zhu/Kiefer Communal Residence
(2), based upon the Findings of Fact, Conclusions, and
Conditions.
Project Location: 12728 SE 318th WAY, Auburn, WA 98092 within the SE ¼ of
Section 09-21-05. King County Assessor Parcel No. 7137900660.
CASE, NUMBER:_14- 04764__ OFFICER: WINNER. #9505 DATE ISSUED: _04/17/14
AUBURN POLICE DEPARTMENT C' 0
ANIMAL CONTROL DIVISION
ACrsGBG
DANGEROUS DOG
APPEAL HEARING REQUEST FORM
Per ACC 6.35.020: if the owner /keeper contests this declaration, the owner /keeper must, within
fifteen (15) days of service of the declaration, file written notice of the appeal with the city clerk.
Owner /Keeper of dog:
Last Name: U n Z Q l P S First: M1: \ DOB:
Address15„ ILJA/' me, `E Cityl bLv- n State:VV Iy Zip: 0 J
HomePhonea5 D3 -(,2, Work Phone:
request a hearing to contest my dog,
being declared a:
Dog's Name
Potentially Dangerous Dog
Dangerous Dog
This completed form must be delivered in person or by certified mail by the owner /keeper to the
Auburn City Clerk to request hearing.
Auburn City Clerk
25 W Main Street
Auburn, WA 98001
253) 876 -1997
Mon - Fri: 8:00 am to 5:00 pm
CITY OF *
L, A T . T Nancy Backus, Mayor
d J' . i o
WASH INGTON 25 West Main Street*Auburn WA 98001-4998 *www.auburnwa.gov # 253-931-3000
May 2, 2014
DELIVERED BY CERTIFIED AND FIRST CLASS US MAIL
Appellantc Candice A. Gonzales
31529 102"d AVe SE
Aubum WA 98092
CITY OF AUBURN
NOTICE OFAPPEAL HEARING
Notice is hereby given that the City of Aubum Hearing Examiner will conduct a
hearing on the appeal by Candice Gonzales on the City of Auburn's designation of
the dog known as "Good Willy" or"1Nilly" as a dangerous dog. The dog known as
Willy" is described as an eightyear old male Jack Russell Terrier.
The hearing will be held Wednesday, May 28, 2014, at 5:30 p.m in 4he Council
Chambers of Aubum City Hall located at 25 West Main Street; Aubum, WA,
98001.
DATED AND MAILED THIS 2ND DAY OF MAY 2014.
CITY OF AUBURN
Q
Danielle Daskam, City Clerk
CC: VALERIE GONZALES
1512 H ST SE
AUBURN WA 98002
AUBURN MORE THAN YOU IMAGINED
I. •
ioM1
c p. p /} c
I
1— tir k A"i •a G
Posmpo 8
Q' n i
lY"' CertillotlFao 3. 3U I
ReWm Recaipt Fee
ark .. I
EntlorsamomRequlmd)
0
1 '
RsvtrkleE Uelivery Fee I
o m n rw4wfla
0m Tolul Po°•°^a c.a. C •
Candice A. Gonzales v
o ° 31529 102n0 Ave SE
o r`af Auburn WA 98092No.aoen
l:$Tah i'"""'
I
4
Complete Itertws 1,2,end 3.Also complete A 5 are
item 4 If ResMe6ed DelNery Is desired. XPrlydyournameandaddressonthereverse ndd ee '
so mat wa can retum the cmd td you. hrea bv(Rtrrted ) 0. a nvmy
Attach this cand to the bECk of the mailplece,
w on the tmrrt If epace permits. Ci U.v
IsdelNery dressd'Aferent Mem17
1. Artide Addressod to: M YES enter tlelivery edtltess belaw: /No I
Candice A. Gonzales
31529 102nd AVe SE j
Aubum WA 98092
3. 3erv e ifrPe
ICeronmMau Meu
ReglsEerad $ReLm Reoehn for MmtlmnOisa
O IrmureE Mail C.O.D.
a. aesutemd we s+r l ves
2. nroaeNUrwer
70 8 130 0000 9911 1705 I rmut mm amvrcela6eq
PS Fortn 3811,February 2004 Domestic Retum Rece pt imsssoz•ra-isao!
CITY OF AUBURN
NOTICE OF APPEAL HEARING
Notice is hereby given that the City of Auburn Hearing Examiner will conduct a hearing
on the appeal by Candice Gonzales on the City of Aubum's designation of the dog
known as "Good Willy" or"Willy" as a dangerous dog. The dog known as"Willy" is
described as an eightyear old male Jack RusseUTerrier.
The hearing will be held Wednesday, May 28; 2014, a#5:30 p.m in the Council
Chambers of Auburn City Hall located at 25 West Main Street; Aubum, WA, 98001.
Do Not Publish Below This Line
Publish in The Seattle Times on May 5, 2014
CASE NUMBER:_14-04764_ OFFICER:WINNER. #9505 DATE ISSUED:_04/17/14
AUBURNPOLICE DEPARTMENT L C/
ANIMAL CONTROL DIVISION C o
9,0 y9,46',,
9Y
DANGEROUS DOG 10 'F
APPEAL HEARING REQUEST FORM
Per AGC 6.35.020: lf the owner/keeper contests this declaration, the owner/keeper must,within
fifteen (15) days of service of the declaration, file written notice of the appeal with the city clerk.
Owner/Keeper of dog:
Last Name: ]U Y Z+OL 'S First: ML• A DOB: ` -u
Address:3,.'1 d ' f`V ,l E City n State Zip: _
Home Phone.a` 3 rj Work Phone:
I, request a hearing to contest my dog,
Owner Keeper 5; reJ
pd being declared a:
Dogs Natu
Potentially Dangerous Dog
Dangerous Dog
This completed form must be delivered in person or by certified mail by the owner/keeper to the
Auburn City Clerk to request hearing.
Auburn City Clerk
25 W Main Street
Auburn,WA 98001
253) 876-1997
Mon- Fri: 8:00 am to 5:00 pm
04/24/14 Auburn Police Department 298
19:52 Police Report Page: 1
Case Number: 14-04764
Reported Date: 13 :26:A7 04/17/14
oCrime: ANIH Animal Injuring Human
Occurence Date: 13 :26: 07 04/17/14-13 :26:07 04/17/14 Day:
Status: Clearance: N
Addr: 31529 102ND AVE SE Area: 3-527 Reporting District 527
City: Auburn St: WA Zip: 98092 Video:
Responding Officers: G Winner
Approved by: J Douglas
Received By: G Winner
Disposition: CLO Disp Date: 04/17/14
Modus Operandi:
Factor Description Method
INVOLVED PERSONS=====_________________________-----
Involvement: OTHER
Last: SEATTLE CHILDREN S H First:. Mid:
Address:
Apt: City: State: Zip: Phone: ( ) -
SSN:DOB: Age: Race:Sex:
Ht: ' " Wt: 0 Hair: Eyes:
Work Phone: (206) 987-2194
Involvement: OTHER
LasEr 'GONZALES Eirst: MP.RCU3 Mid: W
Address: 1512, H ST SE
Apt: City: Auburn State: WA Zip: 98002 Phone: ( ) -
SSN:DOB: 03/16/08 Age: 6.1 Race:Sex:
Ht: ' " Wt: 0 Hair: Eyes:
Work Phone: ( ) -
Involvement: OTHER
Last: GONZALES First: CANDICE Mid: A
Address: 31529 102ND AvE SE
Apt: City: Auburn State: WA Zip: 98092' Phone: (253) 833-6415
SSN: DOB: 07/30/47 Age: 66. Race: W Sex: F
Ht: 5 ' 04" Wt: 130 Hair: SRO Eyes: GRN
work Phone: ( ) -
Involvement: RP
Last : GONZALES First: VALERIE Mid: J
Address: 1512 H ST SE
Apt: City: Auburn State: WA Zip: 98002 Phone: (253) 334-9646
SSN:DOB: 07/29/80 Age:; 33 . Race: W Sex: F
Ht: ' " Wt: 0 Hair: BRO Eyes: UNK
Work Phonee ( ) -
04/24/14 Auburn Police Department 298
19:52 Police Report Page: 2
Case Number: 14-04 64
Involvement : RP
Last : KING COUNTY ANIMAL C First: Mid:
Address: 21615 64th Ave S
Apt: City: Kent State: WA Zip: 99032 Phone: (206) 296-7387
SSN:DOB: Age.:. Race:Sex:
Ht: ' " Wt: 0 Hair: Eyes:
Work Phone : (206) 296-3959
Involvement : VICTIM
Last: GONZALES First: CARLEE Mid: K
Address: 1512 H ST SE
Apt: City: Auburn State: WA Zip: 98002 Phone: ( ) -
SSN:DOB: 12/27/11 Age: 2 .3 Race:Sex:
Ht: ' " Wt: 0 Hair: Eyes:
Work Phone: ( ) -
04/24/14 Auburn Police Department 298
19 :52 Police Report Page.:. 3
Case Number: 14-04764
G WINNER 9505A 105 NV Thu Apr 17 33 :28 :30 PDT 2014
A severe injury dog bite was investigated. The offending animal was declared
Dangerous.%
On 04-17-34 around 0905 Hrs I contacted Valerie Gonzales by phone in response
to a dog bite report I received from King County Animal Control. The dog bite
occurred in Auburn, at 31529 102nd Av .SE. ,The bite involved a tricolor Jack
Russell Terrier, "Willy . The dog bit the owner's 2 year old granddaughter,
Carlee K. Gonzales, Valerie' s daughter.
Valerie informed me that her children were spending the night with her
mother-in-law on 04-09-14 . Her husband received a call around 2100 Hrs from
Candice Gonzales, the dog owner and children' s grandmother. Valerie said her
husband told her they had to go get Ca=1ee because she had been bitten by Willy.
When Valerie arrived she said her daughter, Carlee, had two punctures and a
laceration on her upper lip. Valerie said she and her husband took their
daughter to Children s Hospital in Seattle where Carlee received seven sutures
on her upper lip - six along the laceration and one over one of the punctures. ,
Valerie said she was concerned because her son, Marcus, had been bitten by the
same dog in April of 2011. Valerie did_not report that incident, but said that
Marcus still had a scar on his face from the bite. Valerie also added that the
dog often bites the kids' hands, resulting in punctures. Valerie expressed her
concerns for the safety of her children, as well as other children in the area,
around this dog. Valerie concluded that no one besides her two year old
daughter and the dog had been in the room at the time. Valerie said she would
not be willing to testify on the matter if her mother-in-law were cited for the
dog bite.
I later contacted the dog owner, Candice Gonzales, at her residence 31529
102nd Ave SE. Candice was advised of the issue, which she acknowledged that her
dog did bite her granddaughter. The entire time 2 spoke to Candice she was
close to tears. All of Candice' s animals were presently licensed and
vaccinated.
I obtained a photo of Willy with Candice's permission_ I declared Willy a
Dangerous Dog, handing Candice the appropriate form. I advised Candice of hei
appeal procedures and requirements for keeping a Dangerous Dog, going oyer the
Dangerous Dog declaration for with her. I then quarantined Willy for his
remaining two days of rabies quarantine, at the residence. Willy was brought
out on a leash, and he was not aggressive towards me at that time.
Candice said she was not willing to have the dog euthanized at this time.
Candice said this while sobbing, asking what was wrong with her that she
couTdn' t choose her granddaughter over 'her dog. I informed Candice that if the
dog was surrendered or euthanized after the quarantine, she could notify me as
well. I also added that if the dog was ever relocated from this address Animal
Control would need to be notified where bhe dog was going and to whom it would
belong.
This ended my involvement in the matter.
04/24/14 Auburn Police Department 298
19:52 Police Report Page: 4
Case Number: 14-04764
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON
THAT ALL STATEMENTS MADE HEREIN ARE TRUE AND ACCURATE AND THAT 2 AM ENTERING MY
AUTHORIZED USER ID AND PASSWORD TO AUTHENTICATE IT.
Signature: George D Winner #:9505
Date and Place: 04-17-14 City/TOwn of Auburn, County of King
Apr. l2. 2014 10:46PM No. 0429 P. 1
l-15 6
RaO ooai Mltriat Sarvlcac of KI Counry I (p ,{
736356 M Avanue Soutn,Kent,WA 98034 v°" ( °" RASKC Usa Only
rai ia°e-zosao is e 8:30 a.m:4:J0 p.m..Man-kl DO not 019cbse
KfngCounty Emell: peb@kingcounry.yov QA
Reglonal Animal Servicas of King County
teport af Cotnpla int or Prablem
t, pepurting Party'a Name: I I I`P1l .L y Date ot Birth: $ '`
t, .G Q-as.nnaam i !Q_.._
Address: fA.0 v vG i4tb I uX gW SdNB C5 Phona: G 6 1 pI$' 'a.. .
Gty: . 't..Q AY.t- SI 4+te:_ ZIP l:b. AII.Phone:} .
Anlmal Ownats Name: C' La>i
N'.(
Emaii:
A Iro810wnef5Addte&s' . ISp"l O/ ,VQ: 5,., w'(((f({.r(/+
i
c w R$ra.
2. Oate aad i(me nt inclde n+t: ,q"`l""_,,,
LacaponofVlolallon: l.(IV'(1(.fii/ vtvnu.
Descdptfon of an(maf 7nvalved: Ta. 1< ((.b G Q i
Incidentdeta s:. Q 1 __ GiY L}.(Gl ' . . .:
Ltl . I Lt.e : 0 Yl r QB'h't D7'[f.
Additianal peges attached pf naede.
3. .Animal 8ite Iaformati0n(camplete only if a persan was tiit By en anfinel-indicaie bile locatians by marking diagram helaw).
Yclim Name: . VI .
J
ViGim Address: . a 1
u„,ry,s A,, a-
V ciimPhonelEme7: ,3 + (L
Vlct(mDaleof8irth ,aif3
Vlclim Age:,_, VIeUm Sex: Male Female r'
Anlmal DescrlAUan: Dag 35 Cet [olher:
Sax: !DM.a le C9 Female GI Unknovm
9reed: 1'Q.t9L Q ' Co1m:
Did Ihe hlte b[eak I e akin? Yes No
Wae roadlral auenllon sou ht Yes C7 No9
Were suhires requlred or dld a physlclanrecommand
nolsWUdn forebsmellcrewver reasons Ye i9NO k \ 0 Se9Y
Was the animel provaked prior lo Ihe bilel...................... as No
WasLawEntacemenlnotlFled?.....„....,....____...._....._..$Yes o.
Ware photos or vltlens teken of ihe bile?.._......._._....._:,I.Yes No
i I have read Ihis atatemant and tind it to La Irue and correei.
1 The Infnrmatlon cantained In Ihls camplaint is a public rewrd sub ed to disdosure under Ifie Washingron Puhllc Records Act(RCW42S6)and
may be requested and inspecled by any persan.The IdenUry a1 a wmplatNng party(complafnant)may be wilhheld from publlc Inspec on at he
Ageney's dlsaetlon If the complefnant Indlcales thal dlsclosure wlp endanger any person's life,physlcal aefaly,ocproper ly,Howaver,If a court
cese Is flleC as a resull of this complainl,lhe eomplelnenPs Idanlily may be disclosed regardless oi a request lar ii W be wllhheld. ,
Dlsclosure of rcry idenqlywill endariger my life,phyaical safety orpfopertyat Ihal of ottieCS;l'hetefote,pursuantto RGW 42,68.240(2);please
da eut disclasa my Menllry ezcep to me,an agenl acUng,on my be ell,oranolfler.entorcement agency.I underste iA tfiat thls redaesYmay
not prevent d' 'Ips[¢e o1 my IdenJQ ly[ e/case is!(led esa resutl of this comptain4
Sfgnature \I i[fM T l'/I pate: l
neoe taa,ni d,
CA$&NUMBER:_14-04764_ OFFICER: WINNER. #9505 DATE ISSUED: _04/17/14
AUBURN POLICE DEPARTMENT
ANIMAL CONTROL DIVISION
POTENTIALLY DANGEROUS DOG / DANGEROUS DOG
DECLARATION PACKET
ENCLOSED: PACKET COVER_SHEET (PAGE 1)
CAUSE OF DECLAR9TION (PAGE 2}
CERTIF(CATE/ LICENSE REQUIREMENTS (PAGE 3)
HEARING REQUESTFORM (PAGE4)
INSURANCE REQUIREMENT EORM (PAGE 5)
Owner/.Keeper of Dog:
Last Name:Dn1 E First: Ge f G4.. MI:_DQB: C Z?:.
Address: ' A A City: State: /' Zip: 7J2-
Home Phone: .2 ' , ;,- /,S Work Plione:
Descr9pt9on of Bog:
Name; t.11c.l- Breed(s):Gjfi y GtSSG.-GG- Cr QI;E
Color(s): io 1.JlFr UC Markings:
Sex: I F Altered; /N Age: j tr[S Microchip/Tattoo; ° 3 3°
l/ l.
Lfcense year and number: #a; „pL Rabies Vaccination Exp. Date: o !3 ?7i—
VeterinarianName:(Veterinarian:Phone:
Whereabouts ofdog if not at owner/keeper's residence:
CASE NUMB&R:_14-04764_ OFFICER:WINNER. #9505 DATE ISSUED: 04/17/14
AUBURN POLICE DEPARTMENT
ANIMAL CONTROL DIVISION
POTENTIALLY DANGEROUS DOG
CAUSE OF DECLARATION
Under RCW 16.08.070 or ACC 6.01.010,Animal Control is seeking to eclare your animal:
A POTENTIALCY DANGEROUS DOG**
Due to a violation of:
6A1.010(25)(a):A dog that whenunp voked inflicts hites on a human being or a domestic
animal or other animal protected der Federal, State, or local rules,either on public or
private property.
6.0.010(25){b): A dog tha when unprovoked chases or approaches a person upon a street
ora public grounds in menacing fashion or apparent attitude of attack, or a dog with a
known propensity, ndency, or disposition to attack without provocation, to cause severe
injury,or to cau injury or otherwise threaten the safety of humans, domestic animals, or
other animals rotected under federal, state, or local rules.
6.01.01 25)(c):A dog that is known or should reasonably have been known by its owner
to h e aggressively bitten, attacked, or endangered the safety of humans or domestic:
a mals.
CASE NUMBER:_14-04764_ OFFICER:WINNER. #9505 DATE ISSUED: 04/17/14
AUBURN POLICE DEPARTMENT
ANIMAL CONTROL DIVISION
DANGEROUSDOG
CAUSE OF DECLARATION
Under RCW 16.08.070 or ACC 6.01.010,Animal Control is seeking to declareyour animal:
A DANGEROUS DOG'*
Due to a violation of:
6.01.010(13)(a): A dog that according to the records of the appropriate authority Has
inflictedsevere injury on a humam being without provocation on public or private property,
6.0.010(13)(b):A dog that according to the records of the appropriate authority has
killed or inflicted severe injury on a domestic animal without provocation while offthe
owner's or keeper's property.
6.01.010(13)(c): A dog that according to the records of the apprapriate authoriry is
potentially dangerous and the dogagain aggressively bites,attacks or causes concern for
thesafery of human beings or domesticanimals without provocation.
0 6.01.010(13)(d): A dog that is potentially dangerous and has been permitted or allowed
to run free and unrestrained offthe property ofitsowner.
6.01.010(13)(e): A dog that is potentially dangerous and has harassed,tormented or
caused concern for the safety of persons or domesticanimals.
6.01.010(13)(f: Has, since May 7, 2004, demonstratecl a propensity,tendency, or
disposition to attack unprovoked, to cause injury, or otherwise to threaten the
safety of humans or domestic animals.
CASE NUMBER:_14-04764_ OFFICER: WINNER, #9505 DAT&ISSUED: _04/17/Y4
AUBURN POLICE!DEPARTMENT
ANIMAL CONTROL DIVISION
POTENTIALLY DANGEROUS DOG
CERTIFICATE / LICENSE REQUIREM TS
Within twenty (20) days of receipt of this declaration,you are re ired to obtain a special license for
yourPotentialiy Dangerous Dog from the Auburn City Clerk.
The license will be issued upon compliance with the fo wing requirements:
1. Per ACC 6.35.030: Placement of a"'proper e osure"on the owner's/ keeper's property to confine
the dog.
2. Per ACC 6.35.035: The notice of poten 'ally dangerous dog form,available from the city clerk, shall
be filed.
3. Per ACC6.35.035: Thespecial li nse fee for a Potentially Dangerous Dog is $100.00, and the
annual renewal fee is $100.00.
A Violation of ACC 6.35.03 , subjects the owner/keeper to civiland/or criminal penalties.
i
L -
CASE NUMBER:_14-04764_ OFFICER: WINNER. #9505 DATE ISSUED: 04/17/14__
AUBURN POLICE DEPARTMENT
ANIMAL CONTROL DIVISION
DANGEROUSDOG
CERTIFICATE/ LICENSE REQUIREMENTS
Within twenty (20) days of receipt of this declaration,you are required to obtain a certificate of
registratiou and a special license for your Dangerous Dog from the Auburn City Clerk.
The license will be issued upon compliance with the following requirements:
1. Per ACC 6.35A20((1): Placement of a "proper enclosure" on the owner's J keeper's property to
confine the dog.
2. Per ACC 6:35A20(fl(1): Placement of a conspicuously displayed sign on the premises where the
dog is harbored with a warning symbol that informs children or adults who cannot read of the
presence of a dangerous dog.
3. PerACC 6.35.020(t(2):A surety bond issued by a surety insurer qualified under chapter 48.28
R.C.W. in a sum of not less than $250,000 payment to a person injured by the dog, or a golicy of
liability insurance issued by an insurer qualified under title 48 R.C.W. in an amount not less tHan
25Q000 insuring the owner or keeper for personal injuries inflicted by the dog. (OR}
4. Per ACC 6.35.020(fl(3):A policy of liability insurance, such as homeowner's insurance,
issued byan insurer qualified under RCW Title 48 in the amount of at least
250,000, insuring the owner for any personal injuries inflicted by the dangerous
dog, or such liability insurance that otherwise meets the requirements of RCW 16.08.080.
5. Per ACC 6.35.080 (A): If the Dangerous Dog is taken outside the required enclosure,such dogshalT
be muzzled and restrained by a substantial leash or chain and under the physicat control ofa
person sixteen (16}years or older who is capable of restraining such animaL
b. Per ACG 6.:35.020 (g):Any dog which is declaced to be a "dangerous dog"pursuant to this
chapter or Chapter 16.08 RCW shall also be required to be microchipped by a
veferinarian of the owner's choice, at the owner.'s expense.This shall be in
addifion to the otherrequirements of this chapter and in adclition to the applicable
requirements for licensing as defined within this title, and this procedure must be accomplished
wittiin 30 days after the owner's receipt of die dangerous clog declaration issued pursuant to this
chapter or Chapter 16.08 RCW.
7. The special license fee for a Dangerous Dog is $500.00 per year, in addition to the regular license
fee.
Per ACC 6.35.040: Following service of this declaration, the animal control authority
may imQound the dog at the owner's/keeper's expense, pending appeal, until the;g
guai str C QUi-t or a higher court orders it's redemption or destruction.Any dog
which remains impounded for a period ofat least 20 days due to the failure of the
owner/keeper to obtain such license or certificate of registration, or renewal, may be
destroyed in an expeditious &humane manner by the Animal Control Authority.
A Violation of ACC 6.35subjects the owner/keeper to civil and/or criminal penalties,
in addition ta impoundment and possible destruction of the dog.
CASE NUMBER:_14-04764_ OFFICER: WINNER #9505 DATE [SSUED: 04/17/14 -
AUBURN POLICE DEPARTMENT
ANIMAL CONTROL DIVISION
DANGEROUSDOG
APPEAL HEARING REQUEST FORM
Per ACC 6.35.OZ0: If the owner/keeper contests this declaration, the owner/keeper must,within
fifteen (15) days of service of the declaration,file written notice of the appeal with the cityclerk.
Owner/Keeper of dog:
Last Name:First: MI: DOB:
Acldress: Ciry:State: Zip:
Home Phone: Work Phone:
I request a hearing to contest my dog,
Owner/KeeperSignature)
being declared a:
Do s Name)
Potentially Dangerous Dog
DangerousDog
Tfiis completed form must be deliverecl in person or by certified mail by the owner/keeper to the
Auburn Ciry Clerk to request hearing.
Auburn City Clerk
25 W Main Street
Auburn,WA 98001
253) 876-1997
Mon— Fri: B:OD am to 5:00 pm
CASE NUMBER:_14-04764_ OFFICER: WINNER. #9505 DATE ISSUED: _04/17/14
AUBURN POLICE DEPARTMENT
ANIMAL CONTROL DIVISION
DANGEROUSDOG
INSURANCE REQUIREMENT FORM
OwnerJKeeper of dog:
Last Name:First: MI: DOB:
Address: City:State: Zip:
Home Phone: Work Phone:
Description of dog:
Name:(/L_[_i/ Breed(s): i-K S'S1'C-L T/I
Color(s):O^/sLK Markings:
Sex:F Altered:lO/N Age: .YFy Microchip/Tattoo; 3755 S°I
TO INSURANCE/BONd AGENT:
The above described animal has been declared a Dangerous Dog by the Auburn Police
Department Animal Control Division per ACC 6.01 and 6.35, due to: Srv k£G i.s au+4 ,9
r'hr c.0 4Y F 3r7 rv T c cns , 2r.n rKr G cv o?"s.
Per ACC 6.35,020((2)&(3}: The owner/keeper of this animal must obtain a surety bond issued by
a surety insurer qualified under chapter 48.28 R.C.W, in a sum not less than $250,000 payable to a person
injured by the dog and a policy of liability insurance issued by an insurer qualified under title 48 RC.W.
in an amount not less than 250,000 insuring the owner or keeper for personal injuries inflicted by the
dog.
Additionally,written notice must be provided to the City of Auburn Police Department within 30
da s of cancellation, reduction of limits, or termination of covera e.
Flease c l e ans ugra h s far, ar d ef rn +r#ii s c spy.s,f he pQliry to ttt 6ur z PaGee :
eparCtneni,An1in 1 <tl I i risian;S fi E IVI 3n re t,Ste 2tF1F Aubur,n, iNA 98C1t 2 5 J3 3t}8Q
F iX j a}"#i8 'hank'*z.
Insurance/Bond Agent:
Name: Address:
Phone:Company Name: Policy Number:
Date: Insurance/Bond AgentSignature:
Public Health
Seattle &.King County
HEAL7HY PEOPLE. HEALTHV COMMUNITIES.
David Pleming,MD,Direttor and Heal[h Officer
OFFICIAL ANIMAL QUARANTINE NOTICE CASE#: ! ' G
DATE ISSUED: 7
OWNER/CARETAKER OF ANIMAL: DESCRIPTION OF BITINGANIMAL:
Name:Csf piU GroniZ s-zLS
Address: '3f$1 $ ""O/t"SL l
Au/Su u/- 9,irovZ
t4 wss2c.c, r C
Home phone: S3 S '
Work phone:
LICENSE#:p
The animal described above has tieen itlentif ied as belonging to y ou, and/orin your care or
possession, and has been reported to have bitten n hCrh' O/Z r esiding
atjlj Ef ST SG_' A Bu, on 4 0 date).
By law, you are required to confine this an imal away from contact with people and
other animals fora period of ten days from fhe date of the bite noted above. You may
not sell, give away, move,vaccinate or destroy this animal without the consent of the
Directorof Public Health until the ten-day period is completed. (Code of the King
Coun.ty 8oard of Health, Tif/e 8, Rabies Con tro!)
IFYOUR ANIMAL BECOMES ILL OR DIES DURING THE TEN-DAY QUARANTINE
PERIOD, NOTIFYTHE OFFICEOFTHE PUBLIC HEALTH VETERINARIANJMMEDIATELY
AT (206) 263-8454.
Q`----
David Fleming,MD Sharon G.Hopkins,DVM,MPH
Director and Health Officer--Public Health Pu61ic Health Veterinarian
f?s lY l
Kir g- n ,Animal Control NoticeReceived By
F o,_
c.!a7 Signature of Owner/Caretaker of Biting Animal)
q3i -3 Z
Fnvironmental Hcaith Services Division
401 St Avenue,Suite 1100•Seattle,.WA 987042333 City of Seattle O King County
T 206•205-9394 i 206-396•0199 TTY 711•www.metroka9ov/health Gregory 1.Nid:els.Ma}ror Ron Sims,Executive
Auburn Police Department
Telephonic Witness'Statement
Auburn Case: 14-04764 Date: 04/17/2014 Time: 0930 hours
Witness: Valerie J. Gonzales DOB: 06/08/1988
Address: 1512 H St SE,Auburn WA 98002
Cell Phone: (253) 334-9646
Narrative:
On 04-09-14 around 2100 Hrs I was told by my husband that we had to go pickup our
daughter from my mother-in-law s house at 31529102nd Av SE. My husband said that our
daughter,Carlee K. Gonzales, DOB: 12-27-11,had jnst been bitten by my mother-in-law s dog,
Willy", a brown and white Jack (Parsons) Russell Terrier. When we got to the house my
daughter had one laceration and two punctures on her upper lip.
We took my daughter to Seattle Children s Hospital where she received six stitches on
one side of her lip and onestitch in the other side of herupper lip. The hospital recommended I
report the dog bite to Animal Control. I later discovered that no one besides my daughter and
the dog were in the room at the time of the bite.
This dog has also previously bitten my sons face azound April of 2011. We had just lost
a child,and I was not in a state of mind to report that incident,but I would like it mentionetl in
conjunction with this report. My son,Mazcus W. Gonzales,DOB: 10/08/08, still has a scaz on
his face from that dog bite.
This dog has bitten all five of my children to varying degrees,but it usually has not
resulted in any severe injuries like this incident. I am now worried for my children s safety as
well as any other children in the azea. I know this dog gets away from the owner,Candy
Gonzales,frequenfly. I am worried that if this dog isn',t appropriately controlled,someone else
will get severely bitten by this dog.
Officer G.Winner has read the above statemen4 to me,which was made
telephonically. He has my permission to sign my name to this statement. I certify(or
declare)under the penalty of perjury under the laws of the State of Washington that the
foregoing statement istrue and correct.
X_Valerie J. Gonzales
X . i r-- Auburn,WA
ACO G.Winn •#9505
Exhibit 1
Conditional Use Permit – Valley Cities Phoenix Rising CUP13-0004
Staff Report
May 6, 2014
Page 1
Conditional Use Permit
Valley Cities Phoenix Rising
CUP13-0004
I. GENERAL INFORMATION:
Application Date: December 12, 2013
Applicant: Valley Cities Counseling and Consultation
Property Owner: Valley Cities Counseling and Consultation
325 West Gowe Street
Kent, WA 98032
Project Description:
The proposed project will be located at 915 26th Street NE with a site area of approximately
47,084 S.F. The project will be in two phases with Phase 1 providing 24 single residential
occupancy (SRO) units and Phase 2 constructing the remaining 12 units for a total of 36
units. The proposed project scope is initially for two, detached 4,394 single story residential
buildings with twelve bedrooms per building and the future development of an additional
single story residential building with twelve additional bedrooms. A 4,528 square foot,
detached, single story common buildings with congregate kitchen, dining and service area
allowing for residents to gather, have meals and participate in food service training is
proposed. The Project site will feature open green space area, onsite parking, landscaping,
and a “pea patch” garden for residents to grow produce for tenant consumption.
Proposed Location: 915 26th Street NE, Auburn, WA 98002
Parcel Number: 0001000068
Subject Property and Adjacent Property Zoning and Land Use:
Comprehensive Plan Zoning Current Land Use
Project Site High Density Residential R-20, Residential 20
du/acre
Vacant SFR
North High Density Residential R-20, Residential 20
du/acre
Valley Cities Offices
South High Density Residential R-20, Residential 20
du/acre
SFR
East High Density Residential R-20, Residential 20
du/acre
Residential - duplexes
West Heavy Commercial C-3, Heavy Commercial Les Schwab Tire Center
Conditional Use Permit – Valley Cities Phoenix Rising CUP13-0004
Staff Report
May 6, 2014
Page 2
Subject Property
Valley Cities
Counseling
and Consultation
Conditional Use Permit – Valley Cities Phoenix Rising CUP13-0004
Staff Report
May 6, 2014
Page 3
II. SEPA STATUS:
A combined Notice of Application and Determination of Non-Significance was issued on
April 15, 2014. The comment period ended on April 30, 2014 with no comments received.
The appeal period ends May 14, 2014. As of the writing of this staff report no appeals
have been filed (Exhibit 5).
III. FINDINGS OF FACT:
1. Valley Cities Counseling and Consultation applied for a Conditional Use Permit for the
construction of 36 single residential occupancy units providing housing for homeless
youth and young adults. The project will be constructed in two phases with Phase I
consisting of 24 units within two single story buildings, 8,968 square feet, a single story
common building with congregate kitchen, dining and service area, and food service
training that is 4,556 square feet. The total building are for Phase 1 is 13,524 square
feet. Phase I also includes on-site parking, landscaping, and pea patch garden.
Phase 2 will be the remaining 12 units constructed in a single story building towards the
rear of the subject property at 4,484 square feet.
2. The project site is located at 915 26th Street NE and zoned R-20, Residential 20
du/acre. Pursuant to Auburn City Code (ACC) 18.07.020, the proposed use of group
residence facilities with 7 or more residents requires a conditional use permit.
3. The subject property is a corner lot with frontages on 26th Street NE, a local residential
road, and I Street NE, a minor arterial.
4. The building area is relatively flat and is a corner lot with 26th Street NE to the south
and I Street NE to the west. There is a vacant single family residence on the subject
property that will be demolished as part of the project. The project site is located within
a mixed developed area of multi-family residences to the east, Valley Cities Counseling
and Consulting to the north, and commercial to the west.
5. ACC 18.07.020 outlines the development standards for the R-20 zone. Those
standards are:
Setbacks: 10 foot front; 5 foot side and 10 foot side street; and 20 foot rear
Maximum height: 50 feet
Lot coverage: 70% maximum
Landscaping: 10 feet front and side setback area; minimum 20% of site
landscaped
6. ACC 18.52.020 requires one parking space for every two bedrooms for group living.
With 36 bedrooms, a minimum of 18 parking spaces are required and one ADA parking
stall. The project will also eliminate 5 existing parking stalls. A total of 23 parking stalls
are required on the subject property; 18 minimum plus the 5 displaced parking stalls.
The site plan shows a total of 23 parking stalls meeting the minimum requirement
(Exhibit 4).
7. The subject property is within the City’s water and sewer service area.
Conditional Use Permit – Valley Cities Phoenix Rising CUP13-0004
Staff Report
May 6, 2014
Page 4
8. ACC 18.31.200 requires that congregate living facilities be reviewed under the Multi-
Family/Mixed-Use Design Standards. An administrative design review has been
conducted for the project and finds that the proposed project meets the requirements of
the Multi-Family/Mixed-Use Design Standards.
9. ACC 18.50.040 requires the following landscaping for properties zoned R-20
Abutting street minimum 6 foot planter width
Adjacent to residential property 10 foot planter width
Minimum 20% of site landscaped
The proposed landscape plan meets the requirements of ACC 18.50.040 (Exhibit X).
10. A Notice of Application was issued on April 15, 2014 with the comment period ending
on April 30, 2014. No comments were received (Exhibit 4).
11. Pursuant to 18.64.020(B) the City of Auburn Hearing Examiner is authorized to conduct
a duly noticed public hearing and render a final decision on a conditional use permit
application. The Hearing Examiner’s decision is appealable to the Superior Court of the
applicable county government.
12. The public hearing was duly noticed with the public hearing notice published on May
14, 2014 in the Seattle Times, at least 10-days prior to the public hearing date of May
28, 2014. The noticed was also posted at the subject property on the land use notice
board, sent to property owners within 300 feet of the subject property, and posted on
the City’s website (Exhibit 6).
13. In accordance with ACC 18.64.035(B), the site plan shall be adopted and made part of
the permit. Subsequent building permits and construction activity shall be in
accordance with the approved site plan. The site plan is included as Exhibit 4.
14. A trip generation and site access report has been prepared by Heath & Associates, Inc.
dated August 23, 2013 for the project. The City concurred with the report and the
traffic impact fee identified in the report (Exhibit 9).
15. A geotechnical report has been prepared by Jason Engineering & Consulting Business,
Inc. dated February 20, 2009 for the project (Exhibit 10).
IV. CONCLUSIONS:
CONDITIONAL USE PERMIT: ACC Section 18.64.040 (A-G) provides certain criteria for
approval of a conditional use permit. An analysis of the application in regards to the
conditional use permit criteria follows.
A. The use will not have a substantively greater adverse effect on the health, safety
or comfort of persons living or working in the area and will not be substantively
more injurious, economically or otherwise, to property or improvements in the
surrounding area than would any use generally permitted in the district. Among
matters to be considered are traffic flow and control, access to and circulation
within the property, off-street parking and loading, refuse and service area,
utilities, screening and buffering, signs, yards and other open spaces, height,
Conditional Use Permit – Valley Cities Phoenix Rising CUP13-0004
Staff Report
May 6, 2014
Page 5
bulk, and location of structures, location of proposed open space uses, hours and
manner of operation, and noise, lights, dust, odor, fumes and vibration.
Phoenix Rising is an extension of the Valley Cities Counseling and Consulting services
provided at their existing facility to the north of the subject property as well as their
supportive housing project located to the south (see Exhibit 8) and future project on the
parcel directly south of the subject property creating a campus like atmosphere. Multi-
family is a permitted use within the zoning district and the proposed project is similar in
nature to a traditional multi-family development with on-site parking, landscaping,
pedestrian circulation, community building, and single room units.
Traffic flow and site circulation have been reviewed and the proposed use will not
substantially increase traffic to the City’s street network. As noted in the trip generation
report prepared by Heath and Associates, Inc., the PM peak hour trips generated by the
proposed project is quite low at 11 trips. On-site circulation for both vehicles and
pedestrians has been provided through a driveway access onto 26th Street NE and
pedestrian walkways throughout the site connecting to the sidewalk network on I Street
NE and the future sidewalk network on 26th Street NE. As part of the project, 26th Street
NE will be improved to the City’s local residential street standards with deviations
proposed to the City allowing Valley Cities Counseling and Consulting to create a
campus like atmosphere between their sites while still allowing through public access on
26th Street NE. The final review deviation requests will be done as part of the civil plan
review.
As noted under Finding of Fact 6, adequate on-site parking is provided for the project.
A minimum of 18 parking stalls is required for the project but the project is also
displacing 5 existing parking stalls so the total minimum parking required are 23 stalls
with one of those ADA compliant. The site plan also indicates adequate refuse and
service areas are provided on north side of the parking lot.
Finding of Fact 8 identifies that the project is subject to the Multi-Family/Mixed-Use
Design Standards. Design review is an administrative function under the City’s code
ACC 18.31.200 and staff has reviewed the project against those standards finding the
conceptual plans meet the minimum requirements. Also a requirement of the design
standards as well as ACC 18.07.020 is the subject site have a minimum of 20%
landscaped. As noted on the site plan (Exhibit 4), 34% of the site is landscaped
exceeding the minimum standard by 14%.
The proposed project, a 36 unit single room group residence facility, will not have a
substantially greater adverse effect on health, safety, or comfort of persons living or
working in the area and will not be substantively more injurious, economically or
otherwise, to property or improvements in the surrounding area that would any use
generally permitted in the district.
Staff finds the proposal to be consistent with this criteria.
B. The proposal is in accordance with the goals, policies, and objectives of the
comprehensive plan.
Conditional Use Permit – Valley Cities Phoenix Rising CUP13-0004
Staff Report
May 6, 2014
Page 6
The proposal is in accordance with the goals, policies, and objectives of the
comprehensive plan as follows:
Housing Chapter Objective 4.2: Provide services and facilities that serve low
income families and prevent individuals from becoming homeless.
HO-1: Encourage and support human and health service organizations that offer
programs and facilities for people with special needs, particularly programs that address
homelessness and help people to remain within the community.
LU-35: Design codes and guidelines are developed for multifamily housing to ensure
high quality design and compatibility with surrounding development. These standards
should be reviewed periodically to remain consistent with planning trends and market
demands.
UD-12 All new development shall be required to underground on-site utility distribution,
service and telecommunication lines.
UD-15 The City should require all projects, both public and private, to include
landscaping. Codes and regulations which govern landscaping shall be updated and
revised and include provisions for continued maintenance.
The Phoenix Rising project is consistent with the above identified objective and policies
of the City’s Comprehensive Plan. Phoenix Rising is a 36 unit single room occupancy
low barrier non-time limited housing project that will serve homeless youth and young
adults. This project provides a needed service and facility to assist individuals with
chronic mental illness and/or co-occurring mental disorders at incomes below 30% AMI.
Valley Cities Counseling and Consulting will provide a range of services that will address
permanent connections, education and employment, emotional wellbeing, and stable
housing that will support these young adults. The program/facility will also help prepare
them to move on to successfully secure permanent housing in the greater community.
As part of the street improvements, an existing aerial utility line will be undergrounded.
As noted under Finding of Fact 9, the project will include a significant amount of
landscaping and open space. The project is providing 14% above the minimum
required for a total of 34% of the site being landscaped. The project is also subject to
the Multi-Family/Mixed Use Design Standards ensuring that the project will be
compatible with the surrounding existing development and have high quality design.
Staff finds the proposal to be consistent with this criteria.
C. The proposal complies with all requirements of this title (i.e., Zoning Code).
The proposed project complies with the requirements of Title 18, Zoning that are
applicable to the project as follows:
ACC 18.07.020 Development Standards: The project meets the minimum setbacks with
the exception of the 10 foot side street setback from 26th Street NE which has been
Conditional Use Permit – Valley Cities Phoenix Rising CUP13-0004
Staff Report
May 6, 2014
Page 7
addressed through the granting of an administrative variance for a foot less than 10 feet.
Maximum lot coverage is 70% and the proposed project is at 66% lot coverage,
although pervious concrete is being utilized in the project lessening the storm drainage
impacts. The maximum height in the R-20 zone is 50 feet and the proposed buildings
do not exceed the maximum height.
ACC 18.31.200 Architectural Design Standards: The project is subject to the Multi-
Family/Mixed Use Design Standards. Design review is an administrative process and
staff has conducted that review. Staff finds that the project complies with the Multi-
Family/Mixed-Use Design Standards.
ACC 18.50.040 Landscaping and Screening: In the R-20 zone, 20% of the site shall be
landscaped. Abutting the street a minimum 6 foot wide landscape area and abutting
residential property a minimum 10 foot wide landscape area is required. As shown on
the landscape plan, the project complies with these requirements.
ACC 18.52.020 Off-street Parking and Loading: Group living facilities requires a
minimum of one parking stall for every two bedrooms. W ith 36 total units proposed, a
minimum of 18 parking stalls is required. The project also displaces 5 existing parking
stalls. A total of 23 parking stalls with one ADA compliant is required. As shown on the
site plan, 23 parking stalls will be provided meeting this requirement.
ACC 18.55 Outdoor Lighting: A lighting plan will be required as part of the building
permit submittal and site lighting must meet the requirements outlined in ACC
18.55.030.
ACC 18.56 Signs: Any signage for the proposed project will require a separate sign
permit and compliance with the requirements in ACC 18.56. Signage has not been
proposed at this point in the project.
ACC 18.70.015 Administrative Variances: An administrative variance is needed for the
proposed building adjacent to 26th Street NE since the right-of-way of 26th Street NE is
no longer proposed to be vacated. A portion of the building is 9’ 3 7/8” from the property
line. The administrative variance has been granted to reduce the side street setback by
one foot.
Staff finds the proposal to be consistent with this criteria.
D. The proposal can be constructed and maintained so as to be harmonious and
appropriate in design, character, and appearance with the existing or intended
character of the general vicinity.
As identified above, the project is subject to the Multi-Family/Mixed Use Design
Standards ensuring that the project is of high quality design and its appearance is
consistent with character of the general vicinity. Valley Cities Counseling and
Consulting main building is to the north of subject site as well as their supportive
housing project to the south of the subject site. The proposed project is consistent with
those two facilities.
Conditional Use Permit – Valley Cities Phoenix Rising CUP13-0004
Staff Report
May 6, 2014
Page 8
To be compatible with the existing duplex development to the east, the proposed project
is keeping the buildings at a single story and the buildings are oriented a particular way
on-site to break up building massing creating a modulated look.
The parking is proposed to be interior to the site with the buildings facing the street
minimizing the visual impact of on-site parking and generating visual appeal from the
public right-of-way.
Staff finds the proposal to be consistent with this criteria.
E. The proposal will be supported by adequate public facilities and services and will
not adversely affect the public infrastructure.
Adequate public facilities and services are available for the project and will not adversely
affect the public infrastructure. Existing 12 inch water lines are available for connection
within I Street NE or 26th Street NE providing water for the project and sufficient fire flow.
A fire hydrant may be needed on the subject site to serve the project. There is an
existing sewer line to the north or south were the project can extend sewer to the project
site. On-site storm drainage will be constructed underneath the parking lot and pervious
concrete is being utilized allowing water run-off to infiltrate.
The proposed improvements to 26th Street NE by the applicant include pervious
concrete. Pervious concrete within the public right-of-way is not a current standard for
the City of Auburn. In working with the applicant, the City is willing to accept pervious
concrete as a deviation, which reduces the requirements for storm detention on the
applicant as storm drainage is infiltrated, however, long term maintenance is a concern
for the City. As part of the deviation from standard asphalt construction to a pervious
concrete, the City will be asking Valley Cities Counseling and Consultation to enter into
a 10 year maintenance agreement with a 5-year financial guarantee for the roadway.
After 10 years, the City would assume maintenance responsibilities in perpetuity. The
site plan (Exhibit 4) currently shows two mid-block crosswalks. The City is supportive of
only one mid-block raised crosswalk to be located in the vicinity of the proposed
driveway.
There is an existing Metro bus stop within a ¼ mile of the project site for Route 180 and
Route 910 services the I Street NE corridor and stops within 1 block of the project site.
Staff finds the proposal to be consistent with this criteria.
F. The proposal will not cause or create a public nuisance.
The proposed project will not cause or create a public nuisance. Phoenix Rising will be
part of Valley Cities Counseling and Consulting’s existing Auburn Campus which
provides mental health services, social services, administration, and housing. The
residents of Phoenix Rising will have immediate access to a range of on-site and off-site
services. Being part of an established facility allows for oversight and monitoring of the
facility and residents. As noted in the applicant’s application to King County for their
funding request, health and safety of the residents are a priority through the design and
will include:
Conditional Use Permit – Valley Cities Phoenix Rising CUP13-0004
Staff Report
May 6, 2014
Page 9
Whole house ventilation that guarantees adequate fresh air changes
Hard surface floors rather than carpeting in appropriate areas
Twenty-four hour security access cameras
Key-care access only
Community garden for residents
Pedestrian friendly design amenities
The City did not receive any public comments related to this project.
Staff finds the proposal to be consistent with this criteria.
G. The proposal’s impacts can be appropriately mitigated through the application of
conditions of approval, as applicable.
The project’s impacts can be appropriately mitigated through the proposed conditions of
approval.
V. STAFF RECOMMENDATION/DECISION (depending on application type)
Staff recommends approval of the Valley Cities Phoenix Rising Conditional Use Permit with
the proposed conditions of approval.
VI. CONDITIONS OF APPROVAL
Approval of this Conditional Use Permit is based upon compliance with the project
description as provided in the application submitted on December 12, 2013 and revised on
March 21, 2014 and the Conditions of Approval set forth below. Any deviations from the
project description, exhibits, timing or conditions must be reviewed and approved by the City
of Auburn for conformity with this approval. Any change from these may require approval of
changes to the permit and/or environmental review.
1. A lighting plan meeting the requirements of ACC 18.55.030 will be required as part of
the building permit submittal.
2. To support the proposed method of storm drainage and use of pervious surfaces,
additional geotechnical analysis will be required. The applicant shall submit the
necessary supporting documentation as part of the civil review for the public
improvements and on-site infrastructure improvements.
3. The site plan received March 21, 2014 is hereby incorporated into the decision. Any
modifications to the site plan shall meet the following requirements:
a. Minor Adjustments. Minor adjustments to the site plan may be made and approved
by the planning director or designee. Minor adjustments are those which may affect
the precise dimensions or siting of buildings, but which do not affect the basic
character or arrangement of buildings approved, nor the development coverage of
the development or the open space requirements. Such dimensional adjustments
shall not vary more than 10 percent from the original. Changes to landscape
materials, lighting location in the right-of-way or other similar features may be made
and are not considered a minor adjustment.
Conditional Use Permit – Valley Cities Phoenix Rising CUP13-0004
Staff Report
May 6, 2014
Page 10
b. Major Adjustments. Major adjustments are those, when determined by the planning
director or designee, that substantially change the basic design, coverage, open
space or other requirements of the permit. When the planning director or designee
determines a change constitutes a major adjustment, no building or other permit
shall be issued for the use without prior review and approval such adjustment.
1. The submittal requirements, and review and approval process for a major
adjustment to the site plan of an approved administrative or conditional use
permit shall be substantially the same as that required for the original
administrative or conditional use permit. An application for major adjustment
meeting the information requirements of ACC 18.64.030 shall be submitted. At
the discretion of the planning director or designee, the applicant may be able to
resubmit or incorporate by reference some portions of the original administrative
or conditional use permit submittal as part of the application for major
adjustment; however, the application for major adjustment shall be subject to
the same submittal, processing, and findings of fact requirements of this
chapter for administrative or conditional use permits, as applicable.
4. Valley Cities Counseling and Consultation will enter into a 10-year maintenance
agreement with a 5-year financial guarantee (estimate $25,000), could be a bond or
money in an escrow account that City would access if maintenance is not being done
per the agreement, or another form or guarantee acceptable to the City. After 10 years,
the City would take on the maintenance responsibility in perpetuity as long as 26th Street
NE remains a public road.
5. The Conditional Use Permit shall be implemented within two years of the approval. If a
building permit or occupancy permit is required for the Conditional Use Permit and has
not been issued within the two-year period, then the Conditional Use Permit shall be null
and void.
Staff reserves the right to supplement the record of the case to respond to matters and information raised
subsequent to the writing of this report
VII. EXHIBITS
Exhibit 1 Staff Report
Exhibit 2 Vicinity Map
Exhibit 3 Conditional Use Permit Application Materials, date stamped December 12, 2013
Exhibit 4 Site Plan and Landscape Plan, date stamped March 21, 2014
Exhibit 5 Combined Notice of Application and Determination of Non-Significance with
affidavits
Exhibit 6 Public Hearing Notice with affidavits
Exhibit 7 Environmental Checklist
Exhibit 8 Aerial Photograph
Exhibit 9 Trip Generation and Site Access Report prepared by Heath & Associates, Inc.
dated August 23, 2013
Exhibit 10 Geotechnical Report prepared by Jason Engineering & Consulting Business, Inc.
dated February 20, 2009
Prepared by (include name and sign):
V
V
V
.~Jit~;~~g~~~~~:',_m
Auburn City Hall Annex,2nd Floor
1 East Main Street
Auburn,WA 98001
Tel:253.931.3090
Fax:253.804.3114
permitcenter@auburnwa.gov
www.auburnwa.gov
CONDITIONAL USE PERMIT
APPLICATION
CONDITIONAL USE PERMIT APPLICATION -CONCURRENT
APPLICATIONS
Please indicate whether you are submitting one or more concurrent applications with this application by checking one or more
of the boxes below:
Type I Applications
(administrative decisions
made by the City which are not
subject to environmental
review under the State
Environmental Policy Act
[SEPAl):
o Administrative Use Permit
o Boundary Line Adjustment
o Boundary Line Elimination
o Building Permit
o Excavation Permit
o Floodplain Development
Permit
o Grading Permit
o Home Occupation Permit
o Land Clearing Permit
o Mechanical Permit
o Plumbing Permit
o Public Facility Extension
AgreementoRight-of-way Use PermitoShortSubdivision
o Special Permit
o Temporary Use Permit
(administrative)o Utility Permit
Type II Applications
(adm inistrative decisions
made by the City which
include threshold
determinations under
SEPAl:
o Administrative Use
Permit
o Building Permit
o Floodplain
Development Permit
o Grading Permit
o Land Clearing Permit
D Public Facility
Extension AgreementoShortSubdivision
Type III Applications
(quasi-judicial final
decisions made by the
hearing examiner
following a
recommendation by
staff):
~onditional Use Permit
o Preliminary Plat
o Special Exceptions
o Special Home
Occupation Permit
o Substantial Shoreline
Development
Permit
o Surface Mining Permit
o Temporary Use Pe(mit
o Variance
Type IV Applications (quasi-
judicial decisions made by the
City Council following a
recommendation by the
hearing examiner):
o Rezone (site-specific)
OTHER -as may apply:
JiI csf2?A0 _
4
THE KEIMIG ASSOCIATES
ARCHITECTS-PLANNERS 216 A STREET NW, AUBURN, WA 98001
(253) 939-3232, FAX (253) 735-1309
1 | Page
Conditional Use Permit
Written Statement
The proposed project will be located at 915 26th Street NE, Auburn, Washington, King County parcel number
#0001000068, with a site area of approximately 47,084 S.F. The vacation of 26th Street NE will add another 19,514
S.F. once the property is deeded to Valley Cities and arrangements are made to acquire the School District’s
portion of the vacation making the total site area 66,598 S.F. The project, however, is not required to have the
26th Street NE vacated land area to comply with the zoning requirements for the project’s 36 bedrooms and
Common Building approved under a Conditional Use process. The site currently has one (1) low income single
family residential building and a garage which will be deconstructed and recycled. The residence is currently
unoccupied so no tenants will need to be relocated.
In accordance with the City’s definition of Supportive Housing the project is inappropriate for such a classification.
“Supportive Housing means a multiple‐family dwelling owned or sponsored by a nonprofit corporation or
government entity, designed for occupancy by individual adults that are either:
A) Homeless or at risk of homelessness
B) Are experiencing a disability that presents barriers to employment and housing stability, or
C) Generally require structured services to be successful living in the community
Is permitted at a greater density than otherwise allowed within a particular zone; and is intended to
provide long‐term, rather than traditional housing. Long term housing is approximately longer than two
years, whereas transitional housing is no more than two years.”
This will be a Transitional Housing Project. The intent is to bring young adults off of the streets and into a safe
environment that will serve as a springboard to project them into life as a fully contributing member of society.
The tenants’ will be expected to move out within 18 months of their arrival and be equip with GED and other
service and life skills that will allow them to procure their own permanent housing. The project will be a Group
Residence Facility of 7 or more individuals as defined in the Auburn City Code.
The project will provide 36 single residential occupancy (SRO) units providing much needed living
accommodations that are in conformance with the density of the R20 zoning district and overall Comprehensive
Plan land use and Plan goals. The proposed project scope is initially for two (2) detached 4,394 single story
residential buildings with twelve bedrooms per building and the future development of an additional single story
identical residential building with twelve bedrooms. A 4,528 S.F. detached single story common buildings with
congregate kitchen, dining and service area allowing for residents to gather, have meals and participate in food
service training is included as a part of the project’s first. The project site will feature open green space area, 23
onsite parking spaces surfaced with impervious paving, landscaping and a “pea patch” garden for residents to
grow produce for tenant consumption. It is anticipated the additional units will be constructed in 3 years.
The following is an item by item account of the Findings of Fact of the ACC 18.64.040
A. The use will have no more adverse effect on the health, safety or comfort of persons living or working in
the area and will be no more injurious, economically or otherwise, to property or improvements in the
surrounding area than would any use generally permitted in the District. Among matters to be considered
are traffic flow and control, access to and circulation within the property, off‐street parking and loading,
2 | Page
refuse and service area, utilities, screening and buffering, signs, yards and other open spaces, height, bulk,
and location of structures, location of proposed open space uses, hours and manner of operation, and
noise, lights, dust, odor, fumes and vibration;
The site is zoned R‐20 which would permit a 22 unit apartment development with a minimum of 33 parking
spaces outright. The proposed project will house a maximum of 36 residence, with just 24 as part of the initial
phase, which is comparable to the number of individuals that would live in a 22 unit apartment building. The
young adults living in these units will have come from homelessness and very few of them will own their own
vehicles so the impact to traffic will be considerably less than a standard apartment complex would be while the
demand on public transportation would be increased. The proposed project will be required to provide 17
parking spaces which will connect to the Valley Cities Counseling Office Parking Lot to the north which allows full
fire access circulation and overflow shared parking with the office building. The demand on utilities will be similar
to the demand of an apartment building.
A traffic study has been completed which illustrates the very low impact of the proposed development on public
infrastructure. The project will aesthetically and functionally be tied to the existing Valley Cities properties to the
north and south. The design cohesively blends the residential look and feel of the Valley Cities Landing housing
project to the south and the Pacific Northwest commercial building style of Valley Cities Counseling offices to the
north. The tenants of the new project will enjoy the support and services of Valley Cities Counseling as well as
having the unparalleled access to across the street services of DSHS and WorkSource allowing this housing project
to serve the homeless youth in a comprehensive fashion. The project will be managed and maintained to the
same rigorous standards that are standard throughout Valley Cities properties.
The site will be well lit for safety but light will be designed so as not to spill over onto neighboring parcels. Type III
screened landscaping will provide a visual buffer of the site from neighboring parcels and garbage and recycling
will be screed with an enclosure in the parking lot. All of the building on site will be single story with the tallest
structure being the Common Building with a ridge height of 28’‐8 ½ “ which is considerably less than the allowed
50’‐0” maximum height. The total coverage with all 36 units and Common Building amounts to just 17,870 square
feet, 38% on the 47,084 sf parcel. The site allows for 70% lot coverage. The site will provide all setbacks required
of and R‐20 site. From “I” Street the parking lot will be completely obstructed by the Group Residence and
Common Building. The site features a plaza for outdoor seating and allows for open space on the South‐West
corner of the site. The project will have one (1) 48 square foot (4’x12’) monument sign on the South‐West corner
of the parcel.
The residence and Common Building will be managed by Valley Cities Staff. The Dining Hall portion of the
Common Building will serve a prepared lunch and dinner daily and the Café will be available from 7:00 am to
10:00 pm for breakfast and snacks. The Dining Hall and Café will be staffed primarily by the tenants with
appropriate professionals serving as management. Noise, lights, dust, odor, fumes and vibration will no greater
than an apartment complex.
B. The proposal is in accordance with the goals, policies and objectives of the comprehensive plan;
The goals of the Comprehensive Plan for Housing are:
4. To maintain and enhance Auburn’s character as a family‐oriented community while managing potential
economic opportunities in a manner that provides necessary employment and fiscal support for needed
3 | Page
services and while recognizing the need to provide human services and opportunities for housing to a
wide array of household types and sizes.
7. To emphasize housing development at single family densities in order to reestablish a mix of housing
types appropriate for a family‐oriented community while recognizing the need and desire for both rural
density and moderate density housing appropriated located to meet the housing needs of all members of
the community.
8. To maintain and protect all viable and stable residential neighborhoods.
12. To encourage redevelopment of underutilized areas to reduce sprawl and take full advantage of the
City’s investment in existing infrastructure.
22. To ensure a high quality visual environment through appropriate design standards and procedures
which encourages high quality architectural and landscape design in all development through the
placement of artwork in public spaces. The City recognizes the linkages between transportation, land use
and site design, and encourages development which eases access by pedestrians, bicyclists, and transit
users.
The proposed project is compatible with all of the stated goals. It will provide housing for homeless youth which
will stabilize a vulnerable population and give them the necessary step to become a participating member of the
community. The Project is located in a multi‐family residential area and the size and density will be compatible
with the existing neighborhood. The Project is located along existing bus routes and these services will be
utilized by the tenant’s. The Project will be well designed and landscaped such that the final site will serve as a
true enhancement to the neighborhood and community.
C. The proposal complies with all requirements of this title;
The Project will comply with all Auburn’s City Code and the Comprehensive Plan.
D. The proposal can be constructed and maintained so as to be harmonious and appropriate in design,
character, and appearance with the existing or intended character of the general vicinity;
The proposed project is designed to be compatible with the surrounding neighborhood. The buildings are
single story and provide an aesthetic consistent with the existing Mult‐Family and Single‐Family
residences. During construction the project will comply with existing City ordinances regarding noise and
work hours.
E. The proposal will not adversely affect the public infrastructure;
The Project will utilize existing transit services and the impact on existing infrastructure will be
insignificant.
F. The proposal will not cause or create a public nuisance.
The project will serve as a true enhancement to the community. Homeless youth will be given a place to
live and become connected to services which will allow them to finish their GED and learn skills that can
allow them to gain employment, “graduate” from this housing program and move into their own
permanent housing. Valley Cities is prepared to match all of the savings that these individuals save during
their time at Phoenix Rising so that as, long as they graduate within the allotted 18 months, they will have
a savings nest‐egg to help them with the next phase of their life and be prepared for the expenses of
moving into their next apartment. This is an exciting project which will change the lives of hundreds of
homeless youth and prove to be a valuable asset for the Auburn community.
V
V
V
Planning, Building, and Community Department
ENVIRONMENTAL CHECKLIST Page 1 of 14
ENVIRONMENTAL CHECKLIST
1. Name of proposed project, if applicable:
Valley Cities Phoenix Rising (CUP13-0004, SEP13-0032)
2. Name of Applicant:
Valley Cities Counseling and Consultation, Inc.
3. Address and phone number of applicant and contact person:
Applicant: Agent (if applicable):
Valley Cities Counseling and Consultation Alan C. Keimig, Architect
325 West Gowe St The Keimig Associates
Kent, WA 98032 216 A Street NW
(253)833-7444 Auburn, WA 98001
(253)939-3232
4. Date checklist prepared:
December 2, 2013, revised March 21, 2014.
5. Agency requesting checklist:
City of Auburn
6. Proposed timing or schedule (including phasing, if applicable):
Construction to start May 2014 and end February 2015 for Phase 1, which includes two
12 bedroom buildings, the Commons Building, and site development. Phase 2 is
anticipated in 2018 for another residential building with an additional twelve bedrooms.
7. Do you have any plans for future additions, expansion, or further activity related
to or connected with this proposal? If yes, explain.
The subject property falls within the R20 zoning district (Residential 20 DU/Acre). The
proposed project scope is for two detached 4,394 S.F. single story residential buildings
to be constructed in 2014 as Phase 1 and one additional building constructed within
another three years. Each Residential building will have twelve bedrooms per building.
The detached, single story common building will be constructed as part of Phase 1.
This is a building with a commercial kitchen and dining area for all resident meals,
several group meeting rooms, management office and related support accommodations
related to the tenants and services. The R20 zoning district allows for a greater density
Environmental Checklist (continued)
TO BE COMPLETED BY APPLICANT
Page 2 of 14
than what is currently proposed. With a site area of approximately 47,084 S.F plus a
sought right-of-way Vacation of 26th Street NW consisting of 19,514 S.F. there is
adequate land area for the additional development of the residential buildings,
associated parking, landscaping and related site improvements. The project will be
developed under an approved Conditional Use Permit.
8. List any environmental information you know about that has been prepared, or
will be prepared, directly related to this proposal.
Geotechnical Report prepared by Jason Engineering includes infiltration study
Environmental Phase I Study by Robinson Noble Saltbush, Inc.
HazMat Survey by Orion Environmental
Survey by Holmvig, Dewitt & Associates and Contour Engineering
Stormwater Report will be prepared by Davido Engineering.
Trip Generation & Site Access Report by Heath & Associates, Inc.
9. Do you know whether applications are pending for governmental approvals of
other proposals directly affecting the property covered by your proposal? If yes,
explain.
No
10. List any government approvals or permits that will be needed for your proposal, if
known.
Conditional Use Permit
Vacation of 26th Street NE
Building Permits including Mechanical , Plumbing, Fire Sprinkler and Alarms, Grading
and all Utilities.
Stormwater Drainage
Electrical Permit
11. Give a 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 need not
repeat those answers on this page.
The proposed project will be located at 915 26th Street NE, Auburn, Washington, King
County parcel number #0001000068, with a site area of approximately 47,084 S.F. The
vacation of 26th Street NE will add another 19,514 S.F. once the property is deeded to
Valley Cities and arrangements are made to acquire the School District’s portion of the
vacation. The Project is however not required to have the 26th Street NE vacated land
area to comply with the zoning requirements for the Project’s 36 bedrooms and Common
Building approved under a Conditional Use process.
The project will provide 24 single residential occupancy (SRO) units providing much
needed housing that is in conformance with the density of the R20 zoning district and
overall Comprehensive Plan land use and Plan goals. The proposed project scope is
initially for two, detached 4,394 single story residential buildings with twelve bedrooms
per building and the future development of an additional single story residential building
with twelve additional bedrooms. A 4,528 S.F., detached, single story common buildings
with congregate kitchen, dining and service area allowing for residents to gather, have
Environmental Checklist (continued)
TO BE COMPLETED BY APPLICANT
Page 3 of 14
meals and participate in food service training is proposed. The Project site will feature
open green space area, onsite parking, landscaping and a “pea patch” garden for
residents to grow produce for tenant consumption.
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.
BRANNAN W-D C #37 POR SD DC IN SW ¼ 6-21-5 DAF-BEG C/L I ST AT A PT N 0-
57-35 W 214.77 FT FROM C/L OF 26 TH ST NE TH N 88-58-20 E 30 FT TO ELY LN
SD I ST & NW COR LOT 1 AUBURN SP #SPL 0010-97 REC #9711190806 TH S 0-57-
35 E MGN 50.03 FT TO S LN OF N 50 FT SD LOT 1 & POB TH CONT SD BRNG
123.07 FT TH TO CRV TO L RAD 22 FT ARC DIST 34.44 FT TO NLY LN SD 26TH ST
NE TH N89-21-20 E ALG SD LN 86.54 FT TH N 84-31-18 E ALG SD MGN227.6 FT TO
WLY LN PARK PLACE-AUBURN PLAT TH N 9-04-08 W ALG SD WLY LN 139.16 FT
TO S LN OF SD N 50 FT SD LOT 1 TH S 87-11-46 W ALG SD S LN 315.85 FT TO
POB-AKA-PCL B AUBURN LLA #LLA-0029-99 REC #19991019001629
SITE AREA: 47,084 SF
Potential Vacated 26th Street NE: 19,514 S. F.
ZONE: R-20 with a Conditional Use Permit Application.
B. ENVIRONMENTAL ELEMENTS:
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)?
1 percent
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.
The soils are loose, sandy silt and silty fine sand with organics in the top one foot then
loose to medium dense silt and sandy silt to about 25 to 30 feet over dense fine sand
with gravel.
D. Are there surface indications or history of unstable soils in the immediate
vicinity? If so, describe.
The underlying burden is generally susceptible to liquefaction during seismic events.
Environmental Checklist (continued)
TO BE COMPLETED BY APPLICANT
Page 4 of 14
E. Describe the purpose, type, and approximate quantities of any filling or grading
proposed. Indicate source of fill.
2,192 cubic yards for disposal. An additional 3.100 cubic yards fill for structural fill and
1,107 cubic yards of fill for utilities and paving. Fill will come from a selected local
quarry. A haul route will be provided for approval once sources are established for both
fill and disposal.
F. Could erosion occur as a result of clearing, construction, or use? If so, generally
describe.
Erosion is not likely to occur during construction given the time of the year, but properly
executed TESC plans will assure minimal or eliminate the probability. No erosion could
occur after the project is completed.
G. About what percent of the site will be covered with impervious surfaces after
project construction (for example, asphalt or buildings)?
The existing site contains 47,084 S.F. and the vacated street will add 19,514 S.F. to the
site for a total of 66,598 S.F. For Phase 1 of the project, the impervious areas will be as
follows:
Roof Areas- 15,058 S.F. = 22.6% w/vacation 32% without vacation
Impervious Walkway- 3,249 S.F. = 4.9% w/vacation 6.9% without vacation
Total Impervious- 18,307 S.F. = 27.5% w/vacation 38.9% without vacation
Pervious Paving- 9,039 S.F.( parking and plazas)
For Phases 1 and 2 the impervious areas will be:
Roof- 19,914 S.F. = 29.9% w/vacation 42.3% without vacation
Walkway- 4,179 S.F. = 6.3% w/vacation 8.9% without vacation
Total- 24,093 S.F. = 36.2% w/vacation 51.2% without vacation
Pervious Paving-9,039 S.F. (parking and plazas) No Change
H. Proposed measures to reduce or control erosion or other impacts to the earth.
A TESC Plan prepared by the Project Civil Engineer will be submitted to include all
means necessary to protect the site, adjacent sites, and the environment to control
erosion per City of Auburn standards. Elements of the plan include catch basin inserts,
filter fabric fencing, and a construction entrance. The contractor will be responsible and
will be directed to modify the TESC features and BMP’s to ensure that the neighboring
properties and downstream stormwater system is not negatively impacted by sediment
during construction.
2. Air:
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 know.
Environmental Checklist (continued)
TO BE COMPLETED BY APPLICANT
Page 5 of 14
There will be typical emissions associated with construction dust during the project work.
Project best practices will be exercised throughout to minimize emissions. The emissions
after would be very limited to incidental and infrequent vehicular traffic.
B. Are there any off-site sources of emissions or odors that may affect your
proposal? If so, generally describe.
None that are known.
C. Proposed measures to reduce or control emissions or other impacts to air, if any:
The project will employ all know and accepted means to control emissions from the
construction activity and vehicular emissions as current science allows to reduce the
carbon imprint and particle contamination. The completed project will be as near carbon
neutral as possible the Owner’s will work to continually reduce its imprint on the
environment through proven reduction programs.
3. Water:
A. Surface:
1) 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
2) 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.
No
3) 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.
None
4) Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known.
No
5) Does the proposal lie within a 100-year floodplain? If so, note location on the site
plan.
No
Environmental Checklist (continued)
TO BE COMPLETED BY APPLICANT
Page 6 of 14
6) 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:
1) Will ground water be withdrawn, or will water be discharged to ground water?
Give general description, purpose, and approximate quantities if known.
Stormwater runoff from the site will be infiltrated in order to recharge the groundwater in
this area, as is the City of Auburn’s stated preference.
2) Describe waste material that will be discharged into the ground from septic tanks
or other sources, if any (for example: domestic sewage; industrial, containing any
toxic chemicals; agricultural; 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) is (are) expected to serve.
This development does not include any plans or expectations to discharge any waste
material into the ground.
C. Water Runoff (including storm water):
1) 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 this water flow into other waters? If so, describe.
Stormwater runoff will be collected from the roofs of the existing buildings, the vehicle
maneuvering areas, the pedestrian access areas, and the landscaping areas on this
parcel. All of the collected runoff will be discharged through the pervious concrete
infiltration system into native soils. The location of the proposed infiltration facilities for
this development is not immediately adjacent to any other waters that this runoff would
be expected to flow into.
2) Could waste materials enter ground or surface waters? If so, generally describe.
Oil from passenger vehicles could be carried into the pervious concrete infiltration
system in stormwater runoff. However, the design will appropriately consider the
materials and be compliant with all requirements.
D. Proposed measures to reduce or control surface, ground, and runoff water
impacts, if any:
The project is being designed and detailed to be environmentally sensitive to these
issues under Evergreen Sustainable Development Standards to reduce and control
surface waters impact. Natural processes in and around pervious concrete have been
shown to be effective at breaking down and removing oil from the stormwater in the
concentrations typically found in this kind of development.
Environmental Checklist (continued)
TO BE COMPLETED BY APPLICANT
Page 7 of 14
4. Plants:
A. Check or circle types 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, other.
water plants: water lily, eelgrass, milfoil, other.
other types of vegetation.
B. What kind and amount of vegetation will be removed or altered?
The existing site is mostly lawn with no significant trees. The existing small trees and
shrubs will be removed and replaced as provided by the Landscape Plan.
C. List threatened or endangered species known to be on or near the site:
None are known.
D. Proposed landscaping, use of native plants, or other measures to preserve or
enhance vegetation on the site, if any:
The project will use 100% native drought tolerant plant and turf throughout the site in an
environmentally sensitive way. A portion will be developed into a produce production,
tended by the local resident tenants to grow for their own use.
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:
Birds: hawk, heron, eagle, songbirds, other: geese, ducks, crows, etc.
Mammals: deer, bear, elk, beaver, other: raccoon, possum
Fish: bass, salmon, trout, herring, shellfish, other:
B. List any threatened or endangered species known to be on or near the site.
None are known.
C. Is the site part of a migration route? If so, explain.
No
Environmental Checklist (continued)
TO BE COMPLETED BY APPLICANT
Page 8 of 14
D. Proposed measures to preserve or enhance wildlife, if any:
Native Landscaping selected will provide enhanced habitats for natural species of small
mammals and birds.
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.
The project will use electricity for heating and lights and gas for the water heater and dryers
and kitchen equipment. All appliances, to the greatest extent possible, will be energy saver
and efficient apparatuses.
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:
The project is designed and details to reduce energy consumption through the use of
EnergyStar materials.
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 this project strives to eliminate these elements completely from the improvements and
promotes a healthy environment through the appropriate selection of materials.
1) Describe special emergency services that might be required:
None will be required.
2) Proposed measures to reduce or control environmental health hazards, if any:
The project is designed and will be managed to control environmental health hazards.
Environmental Checklist (continued)
TO BE COMPLETED BY APPLICANT
Page 9 of 14
B. Noise:
1) What types of noise exist in the area which may affect your project (for example:
traffic, equipment, operation, other)?
The existing traffic from I Street will increase creating noise and the adjacent school
track and play field will provide noise from school children activities. These will not be a
distraction for this project.
2) 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.
The project will generate construction activity noise during the activity of work. After
completion there will be low level noise from intermittent activities. This should be
minimized by the nature of the use and not an element of concern. There will be no
noise above the normal operation after construction.
3) Proposed measures to reduce or control noise impact, if any:
None will be required.
8. Land and Shoreline Use:
A. What is the current use of the site and adjacent properties?
The site currently has (1) single family residence. The parcel to the south contains (2)
storage buildings owned by Valley Cities. The parcel to the north is Valley Cities
Counseling’s office building. West, across “I” Street is a multi family use and East are multi
family homes. Directly west is Les Schwab Tire Center.
B. Has the site been used for agriculture? If so, describe:
Over fifteen years ago the area was used for incidental agriculture use.
C. Describe any structures on the site:
The site has a single family residence.
D. Will any structures be demolished? If so, what?
The existing garage/house will be deconstructed and recycled.
E. What is the current zoning classification of the site?
The site is currently zone R-20
F. What is the current comprehensive plan designation of the site?
The comprehensive plan designation is for High Density Residential
Environmental Checklist (continued)
TO BE COMPLETED BY APPLICANT
Page 10 of 14
G. If applicable, what is the current shoreline master program designation of the
site?
Not applicable
H. Has any part of the site been classified as an “environmentally sensitive” area? If
so, specify:
Yes, the site is designated a Seismic Hazard Area, a Volcanic Hazard Area and an Aquifer
Recharge area.
I. Approximately how many people would reside or work in the completed project?
The dining and living hall will employ 4 full time staff.
J. Approximately how many people would the completed project displace?
None. The existing home has been vacant since the summer of 2013.
K. Proposed measures to avoid or reduce displacement impacts, if any:
Not applicable
L. Proposed measures to ensure the proposal is compatible with existing and
projected land uses and plans, if any:
The existing parcel to the north and the two parcels to the south are all owned and
operated by Valley Cities Counseling. The parcel to the north is home to the counseling
offices and one of the parcels to the south provides housing to homeless veterans. This
new project, which will provide housing to homeless youth, young adult individuals and
the residence, will be able to utilize the services provided by Valley Cities. The facility is
designed to provide compatibility with the existing surrounding uses.
9. Housing:
A. Approximately how many units would be provided, if any? Indicate whether high, middle,
or low-income housing.
The project will provide 36 single residential occupancy (SRO) bedrooms in 3 building units. The
project provides housing for individuals at incomes below 30% area median income (AMI),
addressing the critical need for both affordable housing which supports the City of Auburn and
King County’s local and regional and intent to eliminate homelessness within our communities.
B. Approximately how many units, if any, would be eliminated? Indicate whether high,
middle, or low-income housing.
The existing single family dwelling and accessory structures on the site shall be removed
and applicable permits shall be obtained. The existing use is considered low income
housing and is currently unoccupied.
Environmental Checklist (continued)
TO BE COMPLETED BY APPLICANT
Page 11 of 14
C. Proposed measures to reduce or control housing impacts, if any:
The proposed project will provide housing units at a density that is in greater conformance
with the density of the R20 zoning district and comprehensive land use than the existing
single family use. Any applicable site improvements, landscaping and/or landscaping
buffers as required by the Auburn City Code shall be implemented.
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?
The highest point is the ridge of the building which is 16.25 feet.
B. What views in the immediate vicinity would be altered or obstructed?
No views will be obstructed. The view from I Street will be altered by the new facility.
C. Proposed measures to reduce or control aesthetic impacts, if any:
Project is designed to present a compatible and pleasing aesthetic for the neighborhood.
11. Light and Glare:
A. What type of light or glare will the proposal produce? What time of day would it mainly
occur?
The project will provide some night light security however this will be shielded and its
impacts controlled. Traffic from the site will be very low to nonexistent at night and not a
contributor to light and glare.
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?
None
D. Proposed measures to reduce or control light and glare impacts, if any:
The exterior lights will be appropriately shielded to cut light spill off at the property lines.
12. Recreation:
A. What designated and informal recreational opportunities are in the immediate vicinity?
Environmental Checklist (continued)
TO BE COMPLETED BY APPLICANT
Page 12 of 14
The project is within four blocks of Brannan Park with many active and passive recreation
opportunities. The project will provide a living and dining hall and community garden to be used
by residents.
B. Would the proposed project displace any existing recreational uses? If so,
describe.
No. The balance of the site will be used as an open space area for outdoor low intensity
activities on an intermittent schedule.
C. Proposed measures to reduce or control impacts on recreation including
recreation opportunities to be provided by the project or applicant, if any:
The project provides outside congregation space a dining and living hall to serve the residence
and a garden to be used by residence. The site provides a walking path connecting “I” Street to
26th Street in a safe, comfortable setting.
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:
No
B. Generally describe any landmarks or evidence of historic, archaeological, scientific,
or cultural importance known to be on or next to the site.
None are known
C. Proposed measures to reduce or control impacts, if any:
None will be required. However should any artifacts be encountered in the construction
activity all work will be stopped until it is assessed by qualified individuals.
14. Transportation:
A. Identify public streets and highways serving the site, and describe proposed access to
the existing street system. Show on site plans, if any.
The project is located on the NE corner of I Street NE and 26th Street NE. I Street is accessed by
any number of intersecting streets most naturally 28th NE and 22nd NE. Both which connect to
Auburn Way North. Auburn Way North continues to 15th and 272nd to connect to State Route
167.
Environmental Checklist (continued)
TO BE COMPLETED BY APPLICANT
Page 13 of 14
B. Is site currently served by public transit? If not, what is the approximate distance to
the nearest transit stop?
Yes, King County Metro provides public transit on Auburn Way North and I street with stops
within 1 block of the site.
C. How many parking spaces would the completed project have? How many would the
project eliminate?
The project will eliminate 5 parking stalls from the parking lot to the north, which will be
replaced on the newly developed site. The proposed project requires 18 parking spaces so
including the displaced 5 stalls a total of 23 parking spaces are required on site.
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 whether public
or private):
Yes, the existing 26th Street NE will need street improvements to meet the intent of the code.
The existing asphalt street does not provide sidewalk from the East side of the parcel to the
West side and the proposed development will provide the required access as well as a
newly paved street. A Street Vacation application is underway and the intent is to privatize
the portion of 26th street that runs the length of the parcel and establish an easement to
allow public access on the new stretch of road.
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.
There 164 Average Daily Trips (ADT) with the peak between 4:00PM-6:00 PM at a rate of
11 vehicles per hour.
G. Proposed measures to reduce or control transportation impacts, if any:
The project through its ownership will pursue a strategy to reduce its overall traffic impacts
by incorporating various programs under its operation vision.
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:
The project could create a very slight increase in emergency services over the current use.
Environmental Checklist (continued)
TO BE COMPLETED BY APPLICANT
Page 14 of 14
B. Proposed measures to reduce or control direct impact on public services, if any:
The project is managed by fulltime staff that can provide continued oversight to help reduce
public services and alarms with surveillance are being contemplated to increase site
security.
16. Utilities:
A. Circle utilities currently available at the site:
Electricity, water for irrigation of street plantings and telephone.
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:
Water – City of Auburn
Sewer- City of Auburn
Storm Sewer – will be infiltrated all on-site
Electricity and Gas – Puget Sound Energy
Refuse – Waste Management
Telephone – Qwest
C. SIGNATURE
The above answers are true and complete to the best of my knowledge. I understand that the lead
agency is relying on them to make its decision.
OWNER/AGENT SIGNATURE: ________________________________________________
DATE SUBMITTED:
CUP13-0004 Phoenix Rising
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
5/7/2014
HEATH & ASSOCIATES, INC Transportation and Civil Engineering
August 23, 2013
James Webb, P.E., PTOE
Traffic Engineer
City of Auburn
25 West Main Street
Auburn, WA 98001
Subject: Trip Generation & Site Access for the Phoenix Rising Development
Mr. Webb:
This letter addresses trip generation and site access for the Phoenix Rising project. The proposed
project will add a total of 36 beds of housing for in-need youth. These rooms will occupy three
buildings on site. A fourth building will have a dining hall that will serve onsite attendees only,
and is therefore considered ancillary space. The site is located on the northeast corner of the I
Street NE & 26th Street NE intersection. Access to the project will be provided via 26th Street.
A general vicinity map is shown in
Figure 1 and a site plan is shown in Figure 2. Both are attached at the end of the letter.
Project Trip Generation
Trip generation is used to determine the magnitude of project impacts on the surrounding street
system. Typically for a new development, data is taken from the Institute of Transportation
Engineer's publication Trip Generation. This project is unique in that it serves younger residents
who may not be driving or may not have income available to own and drive a vehicle. The site
will therefore generate less traffic than a similar usage of an apartment complex or condominium
development.
Trip generation for the Phoenix Rising site was based on a trip generation study performed at a
similar site operated by the same owners. Valley Cities Landing is located at 2516 I Street NE,
which is just south of the proposed site. The capacity at the studied site is 25 beds.
Twenty-four hour tube counts were conducted at the entrance driveway for Valley Cities
Landing on Tuesday August 6, Wednesday August 7, and Thursday August 8. The rooms were
100 percent occupied for the three days of the counts. Data is summarized in Table 1. Shown
are the average daily volumes (ADT), AM peak hour volumes, and PM peak hour volumes the
site generates for each of the three days. The PM peak hours reviewed would coincide with the
street PM peak hours which are between 4 PM and
6 PM. The hour between 4 PM and 5 PM is the highest hour and is used in Table 1. Original
data at the collected site has been attached.
2214 Tacoma Road Puyallup WA 98371 (253) 770 1401 Fax (253) 770 1473 heathtraffic.com
TABLE 1
Project Trip Generation
Valley Cities Landing – 25 Beds
Time Period August 6 August 7 August 8 Average Rate
ADT Total 107 vpd 115 vpd 120 vpd 114.0 vpd 4.56
PM Peak In 4 vph 6 vph 4 vph 4.67 vph 0.187
PM Peak Out 3 vph 4 vph 2 vph 3.00 vph 0.120
PM Peak Total 7 vph 10 vph 6 vph 7.67 vph 0.307
As shown, the existing site is a mild generator of traffic. During the critical PM peak hour the
Valley Cities Landing site generates 10 trips. The far right column, “Rates,” is found by
dividing the average trips by the 25 beds the site operates. These rates represent the number of
trips per bed that are generated. These rates were then multiplied to the proposed 36 beds that
will be used at the Phoenix Rising site to determine trip generation for the proposed project.
Table 2 gives the trips the propose project will generate.
TABLE 2
Project Trip Generation
Phoenix Rising – 36 Beds
Time Period Volume
ADT Total 164 vpd
PM Peak In 6.7 vph
PM Peak Out 4.3 vph
PM Peak Total 11.0 vph
Table 2 shows the Phoenix Rising project will generate 11 trips during the PM peak hour. This
represents trips the project will generate at 100 percent occupancy. If not 100 percent occupied,
the site will generate less trips.
Site Access
Trip distribution and assignment describes the process by which project generated trips are
dispersed on the street network surrounding the site. Site generated trips are expected to follow
the trip pattern shown in the attached Figure 3. This figure reflects work-based and other-based
trips taken by project traffic during the PM peak hour.
Access for the site will be provided onto 26th Street and then I Street. Currently 26th Street is a
gravel drive along the south side of the site and is paved to the east. It is proposed that 26th
Street terminate near the eastern side of the project allowing use for project patrons only.
As a gravel drive, this roadway is not designed to support traffic from vehicles that come east of
the site. To the east, on 26th Street, there are houses and Cascade Junior High School that may
occasionally use the gravel drive on 26th Street to access I Street. The street network is designed
for vehicles destined south to use M Street to access 22nd Street and vehicles destined north to
use 28th Street to access I Street.
Heath & Associates, Inc. (253) 770 1401 Fax (253) 770 1473 heathtraffic.com
TRAFFIC COUNT CONSULTANTS, INC.
Team@tc2inc.com
(253) 926-6009AUBURN, WASHINGTON
VALLEY CITIES LANDING DRIVEWAY E/O
I ST NE
LOC# 01 V HEA13137T
Site Code: 01
Station ID:
Latitude: -999' 0.000 South
Page 1
Start 06-Aug-1 IN Hour Totals OUT Hour Totals Combined Totals
Time Tue Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon
12:0002 01
12:15 2 0 0 0
12:3003 02
12:45 0 0 2 5 1 0 1 3 3 8
01:0000 02
01:15 0 0 0 0
01:3012 00
01:45 0 3 1 5 0 3 0 5 1 10
02:0000 01
02:15 0 0 0 1
02:3002 01
02:45 0 1 0 3 0 0 0 3 0 6
03:0000 11
03:15 0 1 0 0
03:3000 01
03:45 0 2 0 3 0 1 1 3 1 6
04:0000 00
04:15 0 3 0 2
04:3001 01
04:45 0 0 0 4 0 0 0 3 0 7
05:0000 00
05:15 0 0 0 1
05:3001 00
05:45 0 2 0 3 0 2 0 3 0 6
06:0000 00
06:15 0 0 0 0
06:3010 00
06:45 1 1 2 1 1 0 1 0 3 1
07:0001 02
07:15 0 1 2 0
07:3000 02
07:45 1 0 1 2 1 0 3 4 4 6
08:0020 00
08:15 0 1 2 1
08:3014 00
08:45 0 0 3 5 0 0 2 1 5 6
09:0000 00
09:15 0 2 0 4
09:3000 03
09:45 1 0 1 2 2 0 2 7 3 9
10:0022 10
10:15 0 0 1 0
10:3012 00
10:45 0 0 3 4 1 0 3 0 6 4
11:0010 03
11:15 2 0 3 0
11:3010 10
11:45 0 1 4 1 0 0 4 3 8 4
Total 17 38 17 35 34 73
Percent30.9%69.1%32.7%67.3%31.8%68.2%
TRAFFIC COUNT CONSULTANTS, INC.
Team@tc2inc.com
(253) 926-6009AUBURN, WASHINGTON
VALLEY CITIES LANDING DRIVEWAY E/O
I ST NE
LOC# 01 V HEA13137T
Site Code: 01
Station ID:
Latitude: -999' 0.000 South
Page 2
Start 07-Aug-1 IN Hour Totals OUT Hour Totals Combined Totals
Time Wed Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon
12:0001 02
12:15 0 2 0 0
12:3000 00
12:45 0 2 0 5 0 0 0 2 0 7
01:0001 00
01:15 0 1 0 1
01:3000 00
01:45 0 0 0 2 0 0 0 1 0 3
02:0000 02
02:15 0 1 0 2
02:3000 02
02:45 0 2 0 3 0 2 0 8 0 11
03:0002 03
03:15 0 3 0 3
03:3002 02
03:45 0 2 0 9 0 0 0 8 0 17
04:0000 00
04:15 0 2 0 0
04:3000 02
04:45 0 4 0 6 0 2 0 4 0 10
05:0002 03
05:15 0 0 0 0
05:3002 00
05:45 0 0 0 4 0 0 0 3 0 7
06:0002 00
06:15 0 0 0 0
06:3000 00
06:45 0 1 0 3 0 0 0 0 0 3
07:0000 30
07:15 0 0 0 0
07:3021 00
07:45 0 0 2 1 2 0 5 0 7 1
08:0002 00
08:15 1 1 0 4
08:3000 03
08:45 1 2 2 5 0 0 0 7 2 12
09:0002 23
09:15 1 0 0 0
09:3020 20
09:45 0 2 3 4 0 3 4 6 7 10
10:0010 00
10:15 0 0 0 0
10:3040 20
10:45 0 2 5 2 0 2 2 2 7 4
11:0000 20
11:15 0 0 0 0
11:3000 00
11:45 0 2 0 2 0 3 2 3 2 5
Total 12 46 13 44 25 90
Percent20.7%79.3%22.8%77.2%21.7%78.3%
TRAFFIC COUNT CONSULTANTS, INC.
Team@tc2inc.com
(253) 926-6009AUBURN, WASHINGTON
VALLEY CITIES LANDING DRIVEWAY E/O
I ST NE
LOC# 01 V HEA13137T
Site Code: 01
Station ID:
Latitude: -999' 0.000 South
Page 3
Start 08-Aug-1 IN Hour Totals OUT Hour Totals Combined Totals
Time Thu Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon
12:0002 00
12:15 0 2 2 0
12:3000 02
12:45 0 2 0 6 0 2 2 4 2 10
01:0000 00
01:15 1 0 0 0
01:3002 00
01:45 0 2 1 4 0 3 0 3 1 7
02:0000 00
02:15 0 0 0 2
02:3000 00
02:45 0 0 0 0 3 0 3 2 3 2
03:0003 02
03:15 0 0 0 2
03:3000 00
03:45 0 0 0 3 0 2 0 6 0 9
04:0003 00
04:15 0 0 0 0
04:3001 02
04:45 0 0 0 4 0 0 0 2 0 6
05:0021 00
05:15 0 2 2 3
05:3002 00
05:45 2 0 4 5 0 2 2 5 6 10
06:0002 00
06:15 0 2 0 2
06:3001 03
06:45 1 0 1 5 0 0 0 5 1 10
07:0010 20
07:15 0 2 2 0
07:3000 00
07:45 0 0 1 2 0 0 4 0 5 2
08:0030 00
08:15 0 1 2 0
08:3000 00
08:45 1 0 4 1 2 0 4 0 8 1
09:0020 20
09:15 1 0 0 0
09:3002 02
09:45 0 2 3 4 0 0 2 2 5 6
10:0020 32
10:15 0 0 0 0
10:3022 20
10:45 0 0 4 2 0 2 5 4 9 6
11:0030 00
11:15 0 0 3 0
11:3010 00
11:45 2 0 6 0 0 2 3 2 9 2
Total 24 36 25 35 49 71
Percent40.0%60.0%41.7%58.3%40.8%59.2%
Grand
Total 53 120 55 114 108 234
Percent30.6%69.4%32.5%67.5%31.6%68.4%
ADTNot Calculated
TR
A
F
F
I
C
C
O
U
N
T
C
O
N
S
U
L
T
A
N
T
S
,
I
N
C
.
Te
a
m
@
t
c
2
i
n
c
.
c
o
m
(2
5
3
)
9
2
6
-
6
0
0
9
AU
B
U
R
N
,
W
A
S
H
I
N
G
T
O
N
VA
L
L
E
Y
C
I
T
I
E
S
L
A
N
D
I
N
G
D
R
I
V
E
W
A
Y
E
/
O
I
S
T
N
E
LO
C
#
0
1
V
H
E
A
1
3
1
3
7
T
Site Code: 01 Station ID: Latitude: -999' 0.000 SouthPage 1
St
a
r
t
05
-
A
u
g
-
1
3
Tu
e
We
d
Th
u
Fr
i
Sa
t
SunWeek Average
Ti
m
e
IN
OU
T
IN
OU
T
IN
OU
T
IN
OU
T
IN
OU
T
IN
OU
T
IN
OUTINOUT
12
:
0
0
AM
*
*
21
00
02
**
**
**11
01
:
0
0
*
*
1
0
0
0
1
0
*
*
*
*
**10
02
:
0
0
*
*
00
00
03
**
**
**01
03
:
0
0
*
*
0
1
0
0
0
0
*
*
*
*
**00
04
:
0
0
*
*
00
00
00
**
**
**00
05
:
0
0
*
*
0
0
0
0
4
2
*
*
*
*
**11
06
:
0
0
*
*
21
00
10
**
**
**10
07
:
0
0
*
*
1
3
2
5
1
4
*
*
*
*
**14
08
:
0
0
*
*
32
20
44
**
**
**32
09
:
0
0
*
*
1
2
3
4
3
2
*
*
*
*
**23
10
:
0
0
*
*
33
5
2
4
5
**
**
**43
11
:
0
0
*
*
4
4
0
2
6
3
*
*
*
*
**33
12
:
0
0
PM
*
*
5
3
52
6
4
**
**
**53
01
:
0
0
*
*
5
5
2
1
4
3
*
*
*
*
**43
02
:
0
0
*
*
33
3
8
02
**
**
**24
03
:
0
0
*
*
3
3
9
8
3
6
*
*
*
*
**56
04
:
0
0
*
*
43
64
42
**
**
**53
05
:
0
0
*
*
3
3
4
3
5
5
*
*
*
*
**44
06
:
0
0
*
*
10
30
55
**
**
**32
07
:
0
0
*
*
2
4
1
0
2
0
*
*
*
*
**21
08
:
0
0
*
*
51
57
10
**
**
**43
09
:
0
0
*
*
2
7
4
6
4
2
*
*
*
*
**35
10
:
0
0
*
*
40
22
24
**
**
**32
11
:
0
0
*
*
1
3
2
3
0
2
*
*
*
*
**13
La
n
e
0
0
55
52
58
57
60
60
0
0
0
0
005857
Da
y
0
10
7
11
5
12
0
0
0
0115
AM
Pe
a
k
11
:
0
0
1
1
:
0
0
1
0
:
0
0
0
7
:
0
0
1
1
:
0
0
1
0
:
0
0
1
0
:
0
0
0
7
:
0
0
Vo
l
u
m
e
4
4
5
5
6
5
44
PM
Pe
a
k
12
:
0
0
21
:
0
0
15
:
0
0
14
:
0
0
12
:
0
0
15
:
0
0
12:0015:00
Vo
l
u
m
e
5
7
9
8
6
6
56
Co
m
b
.
To
t
a
l
0
1
0
7
1
1
5
1
2
0
0
0
0
1
1
5
AD
T
N
o
t
C
a
l
c
u
l
a
t
e
d
At
t
a
c
h
m
e
n
t
A
Pa
g
e
3
o
f
4
RE
F
.
H
\
D
E
V
E
L
O
P
M
E
N
T
\
H
a
n
d
o
u
t
s
\
T
r
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
a
c
t
F
e
e
s
(
0
7
-
1
3
)
Tr
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
a
c
t
F
e
e
R
a
t
e
S
c
h
e
d
u
l
e
Ef
f
e
c
t
i
v
e
A
u
g
u
s
t
1
,
2
0
1
3
La
n
d
U
s
e
In
d
e
p
e
n
d
e
n
t
Va
r
i
a
b
l
e
Ba
s
i
c
T
r
i
p
Ra
t
e
No
n
-
Do
w
n
t
o
w
n
Im
p
a
c
t
F
e
e
Ra
t
e
Do
w
n
t
o
w
n
Im
p
a
c
t
F
e
e
Ra
t
e
La
n
d
U
s
e
In
d
e
p
e
n
d
e
n
t
Va
r
i
a
b
l
e
Basic Trip Rate Non-Downtown Impact Fee Rate Downtown Impact Fee Rate
In
d
u
s
t
r
i
a
l
Re
t
a
i
l
Ge
n
e
r
a
l
L
i
g
h
t
I
n
d
u
s
t
r
i
a
l
s
f
/
G
F
A
0
.
9
7
$
6
.
4
3
-
F
r
e
e
St
a
n
d
i
n
g
D
i
s
c
o
u
n
t
S
u
p
e
r
s
t
o
r
e
s
f
/
G
F
A
4
.
3
5
$
6
.
8
4
$
5
.
0
6
Ge
n
e
r
a
l
H
e
a
v
y
I
n
d
u
s
t
r
i
a
l
s
f
/
G
F
A
0
.
6
8
$
5
.
0
5
-
F
r
e
e
St
a
n
d
i
n
g
D
i
s
c
o
u
n
t
S
t
o
r
e
s
f
/
G
F
A
4
.
9
8
$
9
.
0
3
$
6
.
6
8
In
d
u
s
t
r
i
a
l
P
a
r
k
s
f
/
G
F
A
0
.
8
5
$
5
.
6
4
-
H
a
r
d
w
a
re
/
P
a
i
n
t
S
t
o
r
e
s
f
/
G
F
A
4
.
8
4
$
6
.
3
4
$
4
.
6
9
Ma
n
u
f
a
c
t
u
r
i
n
g
s
f
/
G
F
A
0
.
7
3
$
4
.
8
4
-
S
ho
p
p
i
n
g
C
e
n
t
e
r
s
f
/
G
L
A
3
.
7
1
$
5
.
3
5
$
3
.
9
6
Mi
n
i
-
W
a
r
e
h
o
u
s
e
/
S
t
o
r
a
g
e
s
f
/
G
F
A
0
.
2
6
$
1
.
5
9
-
C
a
r
S
a
l
e
s
-
N
e
w
s
f
/
G
F
A
2
.
5
9
$
9
.
9
2
$
7
.
3
4
Re
s
i
d
e
n
t
i
a
l
Ca
r
S
a
l
e
s
–
U
s
e
d
s
p
a
c
e
0
.
2
8
$
1
,
0
7
2
.
0
2
$
7
9
3
.
2
9
Si
n
g
l
e
-
F
a
m
i
l
y
(
d
e
t
a
c
h
e
d
)
d
u
1
.
0
0
$
3
,
6
4
1
.
3
6
$
2
,
9
4
9
.
5
0
A
u
t
o
m
o
b
i
l
e
P
a
r
t
s
S
a
l
e
s
s
f
/
G
F
A
5
.
9
8
$
6
.
0
3
$
4
.
4
6
Mu
l
t
i
-
F
a
m
i
l
y
d
u
0
.
6
2
$
2
,
3
8
6
.
6
5
$
1
,
9
3
3
.
1
9
T
i
r
e
S
t
o
r
e
s
f
/
G
F
A
4
.
1
5
$
6
.
8
4
$
5
.
0
6
Mo
b
i
l
e
H
o
m
e
d
u
0
.
5
9
$
1
,
7
1
8
.
7
2
-
S
u
p
e
r
m
a
r
k
e
t
s
f
/
G
F
A
9
.
4
8
$
1
3
.
2
6
$
9
.
8
1
Se
n
i
o
r
H
o
u
s
i
n
g
d
u
0
.
2
7
$
7
8
6
.
5
3
$
6
3
7
.
0
9
C
o
n
v
e
n
i
en
c
e
M
a
r
k
e
t
s
f
/
G
F
A
5
2
.
4
1
$
2
7
.
6
5
$
2
0
.
4
6
Lo
d
g
i
n
g
Ho
m
e
I
m
p
r
o
v
e
m
e
n
t
S
u
p
e
r
s
t
o
r
e
s
f
/
G
F
A
2
.
3
3
$
2
.
6
5
$
1
.
9
6
Ho
t
e
l
r
o
o
m
0
.
6
0
$
2
,
4
9
6
.
9
3
$
2
,
0
2
2
.
5
2
D
r
u
g
s
t
o
r
e
w
i
t
h
o
u
t
D
r
i
v
e
-
T
h
r
o
u
g
h
s
f
/
G
F
A
8
.
4
0
$
6
.
9
8
$
5
.
1
7
Mo
t
e
l
r
o
o
m
0
.
4
7
$
1
,
9
5
5
.
9
3
-
D
r
u
g
s
t
o
r
e
w
i
t
h
D
r
i
v
e
-
T
h
r
o
u
g
h
s
f
/
G
F
A
9
.
9
1
$
8
.
9
4
$
6
.
6
1
Re
c
r
e
a
t
i
o
n
a
l
Fu
r
n
i
t
u
r
e
S
t
o
r
e
s
f
/
G
F
A
0
.
4
5
$
0
.
3
8
$
0
.
2
8
Mo
v
i
e
T
h
e
a
t
e
r
s
e
a
t
0
.
0
8
$
1
6
2
.
7
2
$
1
2
0
.
4
1
Se
r
v
i
c
e
s
He
a
l
t
h
C
l
u
b
s
f
/
G
F
A
3
.
5
3
$
8
.
5
4
$
6
.
3
2
D
r
iv
e
-
i
n
B
a
n
k
s
f
/
G
F
A
2
4
.
3
$
2
0
.
1
0
$
1
4
.
8
7
In
s
t
i
t
u
t
i
o
n
a
l
Qu
a
l
i
t
y
R
e
s
t
a
u
r
a
n
t
s
f
/
G
F
A
7
.
4
9
$
1
4
.
8
4
$
1
0
.
9
8
El
e
m
e
n
t
a
r
y
S
c
h
o
o
l
S
t
u
d
e
n
t
0
.
1
5
$
2
1
2
.
2
4
$
1
5
7
.
0
6
H
i
g
h
Tu
r
n
o
v
e
r
R
e
s
t
a
u
r
a
n
t
s
f
/
G
F
A
9
.
8
5
$
1
3
.
4
4
$
9
.
9
4
Mi
d
d
l
e
/
J
r
.
S
c
h
o
o
l
S
t
u
d
e
n
t
0
.
1
6
$
3
5
9
.
5
6
$
2
6
6
.
0
7
F
a
s
t
F
o
o
d
R
e
s
t
a
u
r
a
n
t
-
w
i
t
h
o
u
t
d
r
i
v
e
-
t
h
r
o
u
g
h
s
f
/
G
F
A
2
6
.
1
5
$
2
7
.
7
5
$
2
0
.
5
4
Hi
g
h
S
c
h
o
o
l
S
t
u
d
e
n
t
0
.
1
3
$
4
0
0
.
3
4
$
2
9
6
.
2
5
F
a
s
t
F
o
o
d
R
e
s
t
a
u
r
a
n
t
-
w
i
t
h
d
r
i
v
e
-
t
h
r
o
u
g
h
s
f
/
G
F
A
3
2
.
6
5
$
3
4
.
6
5
$
2
5
.
6
4
Ch
u
r
c
h
s
f
/
G
F
A
0
.
5
5
$
2
.
1
2
$
1
.
5
7
E
s
p
r
e
s
s
o
S
t
a
n
d
d
r
i
v
e
t
h
r
u
s
f
/
G
F
A
7
5
.
0
0
$
2
6
.
5
3
$
1
9
.
6
3
Da
y
C
a
r
e
C
e
n
t
e
r
s
f
/
G
F
A
1
2
.
3
4
$
1
9
.
2
6
$
1
4
.
2
5
A
u
t
o
C
a
r
e
C
e
n
t
e
r
s
f
/
G
L
A
3
.
1
1
$
4
.
9
8
$
3
.
6
9
Li
b
r
a
r
y
s
f
/
G
F
A
7
.
3
0
$
9
.
6
8
$
7
.
1
7
S
e
r
v
i
c
e
S
t
a
t
i
o
n
V
F
P
1
3
.
8
7
$
1
4
,
2
2
8
.
1
6
$
1
0
,
5
2
8
.
8
4
Me
d
i
c
a
l
Se
r
v
i
c
e
S
t
a
t
i
o
n
w
/
m
i
n
i
m
a
r
t
V
F
P
1
3
.
5
1
$
1
0
,
5
1
3
.
6
2
$
7
,
7
8
0
.
0
8
Ho
s
p
i
t
a
l
s
f
/
G
F
A
0
.
9
3
$
3
.
8
7
$
3
.
1
4
As
s
i
s
t
e
d
L
i
v
i
n
g
,
N
u
r
s
i
n
g
H
o
m
e
b
e
d
0
.
2
2
$
6
4
0
.
8
8
-
Of
f
i
c
e
Ge
n
e
r
a
l
O
f
f
i
c
e
s
f
/
G
F
A
1
.
4
9
$
7
.
1
2
$
4
.
8
4
Me
d
i
c
a
l
O
f
f
i
c
e
s
f
/
G
F
A
3
.
5
7
$
1
3
.
3
7
$
9
.
0
9
Po
s
t
O
f
f
i
c
e
s
f
/
G
F
A
1
1
.
2
2
$
1
4
.
8
8
$
1
0
.
1
2
No
t
e
s
:
A.
B
a
s
i
c
t
r
i
p
r
a
t
e
s
a
r
e
b
a
s
e
d
o
n
t
h
e
I
T
E
T
r
i
p
G
e
n
e
r
a
t
i
o
n
M
a
n
u
a
l
,
9
th
E
d
i
t
i
o
n
.
B.
I
m
p
a
c
t
f
e
e
r
a
t
e
c
a
l
c
u
l
a
t
i
o
n
i
s
b
a
s
e
d
u
p
o
n
t
h
e
f
o
l
l
o
w
i
n
g
m
e
t
h
o
d
o
l
o
g
y
:
-
B
a
s
i
c
T
r
i
p
R
a
t
e
=
P
M
P
e
a
k
H
o
u
r
T
r
ip
G
e
n
e
r
a
t
i
o
n
(
p
e
r
u
n
i
t
o
f
m
e
a
s
u
r
e
)
-
B
a
s
i
c
T
r
i
p
R
a
t
e
x
P
e
r
c
e
n
t
o
f
N
e
w
T
r
i
p
s
x
T
r
i
p
L
e
n
g
t
h
A
d
j
u
s
t
m
e
n
t
x
P
e
r
T
r
i
p
F
e
e
÷
(
d
i
v
i
d
e
b
y
)
1
,
0
0
0
f
o
r
r
a
t
e
p
e
r
s
q
u
a
r
e
f
o
o
t
(
w
h
e
r
e
a
p
p
l
i
c
a
b
l
e)
=
I
m
p
a
c
t
F
e
e
R
a
t
e
(
p
e
r
u
n
i
t
o
f
m
e
a
s
u
r
e
)
C.
F
o
r
l
a
n
d
u
s
e
s
n
o
t
s
p
e
c
i
f
i
c
a
ll
y
i
d
e
n
t
i
f
i
e
d
h
e
r
e
,
t
r
i
p
g
e
n
e
r
a
t
i
o
n
r
a
t
e
s
c
o
u
l
d
b
y
t
h
e
a
p
p
l
i
c
a
n
t
.
D.
S
f
/
G
F
A
=
S
q
u
a
r
e
f
e
e
t
g
r
o
s
s
f
l
o
o
r
a
r
e
a
;
s
f
/
G
L
A
=
S
q
u
a
r
e
f
e
e
t
g
r
o
s
s
l
e
a
s
a
b
l
e
a
r
e
a
;
d
u
=
d
w
e
l
l
i
n
g
u
n
i
t
,
V
F
P
=
V
e
h
i
c
l
e
F
u
e
l
i
n
g
P
os
i
t
i
o
n
.
Fo
o
t
n
o
t
e
s
:
1
S
p
a
c
e
i
s
i
n
d
i
v
i
d
u
a
l
v
e
h
i
c
l
e
sa
l
e
s
s
p
a
c
e
.
7
0
v
e
h
i
c
l
e
s
fo
r
s
a
l
e
=
7
0
v
e
h
i
c
l
e
s
p
a
c
e
s
ORDINANCE NO. 6 4 7 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
5.22.020, 5.22.040, 18 04 330 18 04 340, 18 04 350,
18 04 360, 18 04 794, 18 07 020 AND 18 31 130 OF THE
CITY CODE, CREATING NEW SECTIONS 18 04.249 AND,
18 04 677, OF THE CITY CODE, REPEALING SECTION
18 04 180 OF THE CITY CODE, AND AMENDING THE
CITY OF AUBURN FEE SCHEDULE, RELATED TO
RENTAL HOUSING
WHEREAS, the City of Auburn has seen an increase in rental housing
particularly in residential neighborhoods adjacent to Green River Community College
and through citizen comment determined the City's rental housing program needed to
be amended, and
WHEREAS, there is currently an inconsistency between the definitions within
Chapter 18 04 of the Auburn City Code, and
WHEREAS, in order to clarify the definitions and address the inconsistency
between the terms as they are currently written in the City Code, it is appropriate to
amend, delete, and create new definitions and establish criteria for rental housing within
single family residential neighborhoods, and
WHEREAS, in order to address issues raised related to rental housing primarily
in single family residential neighborhoods, it is appropriate to amend the City's rental
housing business license program, and
WHEREAS, following proper public notice, the Planning Commission considered
the proposed code amendments at a public hearing on August 20, 2013, and
Ordinance No. 6477
August 28, 2013
Page 1 of 12
WHEREAS, the Planning and Community Development Committee reviewed the
Planning Commission's recommendation at their August 26, 2013 meeting, and
WHEREAS, the environmental review on the proposal has been completed in
accordance with the requirements of the State Environmental Policy Act (SEPA) with a
final Determination of Non-significance (DNS) issued August 5, 2013, and
WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code
amendments were sent to the Washington State Department of Commerce, Growth
Management Services, and other state agencies as required with expedited review
requested and acknowledgment received on August 26, 2013; and
WHEREAS, no comments regarding the proposed zoning code amendments
have been received from the Department of Commerce or other state agencies; and
WHEREAS, the Auburn City Council finds that the proposed amendments
provide clarification to the subdivision title and comply with recent changes to state law
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows.
Section 1. Amendment to City Code. That Section 5.22.020 of the Auburn
City Code be and the same hereby is amended to read as follows.
5.22.020 Business license - Fee.
Each rental housing business operating in the city, as defined herein, shall obtain
and maintain in good standing a "rental housing business license" issued by the city in
accordance with the procedures of this chapter and this title.
A. The fee for a rental housing business license shall be as set forth in the
city of Auburn fee schedule
B The business license fee shall be for the fiscal-calendar year (duly is
January 1st through December 315), and each applicant for the
business license must pay the full business license fee for the current calendar fiscal
year or portion thereof during which the applicant has engaged in business, regardless
of when during the calendar fiscal year the license is obtained
Ordinance No. 6477
August 28, 2013
Page 2 of 12
C The rental housing business license fee required by this chapter is in lieu
of, and not in addition to, the general business license fee required by Chapters 5.05
and 5.10 ACC, provided, however, that any person required to obtain a rental housing
business license must also obtain a general business license, at no cost, pursuant to
Chapters 5 05 and 5 10 ACC. (Ord 5882 § 1, 2005, Ord. 5651 § 1, 2002.)
Section 2. Amendment to City Code. That Section 5.22.040 of the Auburn
City Code be and the same hereby is amended to read as follows.
5.22.040 Rental housing business license criteria.
A. Managers and operators of rental housing businesses shall comply with
the criteria established in this section and chapter in order to maintain their rental
housing business license in good standing as required by ACC 5.22.020. The city shall
identify and communicate with the managers and operators of rental housing
businesses, as it deems appropriate, regarding the criteria established in this chapter.
The city shall establish forums for information sharing and enforcement review, as it
deems appropriate, in order to encourage voluntary compliance with these criteria prior
to mandatory enforcement. Rental housing business owners or their non-owner
managers shall comply as necessary with the following specific criteria as well as all
other requirements of this chapter in order to maintain their business license in good
standing:
1 Attendance and participation in crime-free housing training programs
when such are offered by the Auburn police department or other city department and
the license holder is given written notice to attend. Attendance and participation may be
required by the city whenever a residential unit is the location for any criminal or
nuisance activity which results in an arrest for criminal activity or the issuance of an
infraction citation in the case of a nuisance, whether or not the arrestee or cited person
is a tenant;
2.Mutually derived crime prevention strategies as established and agreed to
by and between the city and the rental housing owner and/or manager;
3 City directed crime prevention strategies. If the implementation of criteria
in subsections (A)(1) and (2) of this section is unsuccessful in eliminating recurring
criminal or nuisance activity the city will notify the rental housing business owner or
manager in writing of the requirement to comply with a particular city directed crime
prevention strategy The city may implement a city directed crime prevention strategy
whenever a residential unit is the location for any criminal or nuisance activity which
results in an arrest or issuance of a citation whether or not the person arrested or cited
is a tenant. Strategies will be reasonably tailored to the particular location and situation
and will be consistent with strategies implemented by other municipalities in similar
situations,
4 Upon written request, the rental housing owner or manager shall allow
inspection of rental housing residential units consistent with their ability to do so under
the requirements of the landlord-tenant statutes of the state of Washington and the
Auburn City Code. The city may, with the legally obtained consent of an occupant or
Ordinance No. 6477
August 28, 2013
Page 3 of 12
owner, or pursuant to a lawfully issued warrant, enter any building, structure or
premises in the city to inspect or perform any duty imposed by this code,
5 In the event that recurring criminal or nuisance activity continues at any
particular location which is subject to the licensing requirements of this chapter and the
imposition of criteria in subsections (A)(1) through (4) of this section has failed to
eliminate the recurring criminal or nuisance activity at the location, the rental housing
owner may hire security officers selected by the manager-operator Voluntary
implementation of manager-operator selected security shall stay revocation of the
business license so long as the security is effective in eliminating the recurring criminal
and/or nuisance activity at said licensed location,
6 In the event that criminal or nuisance activity continues to occur at any
particular location which is subject to the licensing requirements of this chapter and the
imposition of criteria in subsections (A)(1) through (4) of this section and implementation
of criteria in subsection (A)(5) of this section has failed to eliminate recurring criminal or
nuisance activity at the particular location the rental housing owner may request or
agree to city directed off-duty police security Voluntary implementation of city directed
off-duty police security shall stay revocation of the business license so long as the
security is effective in eliminating ongoing criminal and/or nuisance activity at the
particular licensed location,
7 In the event that the rental housing business owner does not comply with
criteria in subsections (A)(1) through (6) of this section, the city may revoke the rental
housing business owner's license Business license revocation shall be the ultimate
resort for enforcement purposes. Business license revocation shall occur as otherwise
set out in this chapter
B The criteria listed above shall be implemented in a priority beginning with
criteria in subsection (A)(1) of this section and ending with criteria in subsection (A)(7) of
this section. It is envisioned that most problems can be resolved by participation in
crime-free housing training and implementation of its recommended practices Failure to
participate in strategies in subsections (A)(1) through (6) of this section may subject the
licensed/registered party to revocation. Any expense incurred in connection with
subsections (A)(2) through (5) of this section will be borne by the licensed/registered
party
It is further provided that the "inspection of the residential units of rental housing
units," subsection (A)(4) of this section, includes inspection of residential units in the
complex for any applicable health, building, fire, housing or life-safety code violations, or
other serious violations.
C.The following requirements are established for communal residences as
defined in Title 18.
1.The owner/landlord must provide the following information and any
additional information on the rental business license application form at the time of
submittal:
a. Total number of bedrooms in the rental unit
b. Total number of occupants
Ordinance No. 6477
August 28, 2013
Page 4 of 12
2. The owner/landlord must provide updated information for each of the
items outlined in ACC 5 22 040(C)(1) each year with their rental business license
renewal.
3. The owner/landlord must sign a statement that confirms their
understanding and acceptance of the conditions and obligations incurred as a landlord.
At a minimum the statement will.
a. Outline the landlord's responsibilities for providing a safe living
environment for their tenants.
b. That structural additions and modifications are to be properly permitted
and inspected.
C.That garbage and recycling will be properly managed
d. That adequate off-street parking will be provided for all tenants meeting
the requirements of ACC 18.31.130.
e. That noise and other public nuisances see Title 8 ACC will be monitored
and controlled.
f.That annual inspections are required in order to obtain a rental housing
business license.
g. That anyone under the age of 18 is subject to the curfew regulations in
ACC 9.10.
4.If the owner/landlord is in violation of the requirements for a communal
residence then the code enforcement actions outlined in Chapter 1.25 will be taken.
Ord. 5882 § 1, 2005; Ord 5651 § 1, 2002.)
Section 3. Amendment to City Code. That section 18 04 330 of the Auburn
City Code be and the same hereby is amended to read as follows.
18.04.330 Dwelling.
Dwelling" means a building designed exclusively for residential purposes for
occupancy by a person,-ar family, or unrelated group with one or more rooms for living
and sleeping purposes, containing kitchen facilities and rooms with internal accessibility,
including single-family, two-family —and multiple-family dwellings and townhouse
dwellings but not including hotels or motel units without kitchens. (Ord 6245 § 3, 2009;
Ord. 4229 § 2, 1987 )
Section 4. Amendment to City Code. That section 18 04 340 of the Auburn
City Code be and the same hereby is amended to read as follows.
18.04.340 Dwellings, types of.
Types of dwellings" means.
A. Dwelling, Single-Family "Single-family dwelling" means a detached
building designed exclusively for occupancy by one family or communal residence and
containing one dwelling unit that is permanently attached to the ground A manufactured
home may be considered a single-family dwelling if sited per ACC 18 31 050
Ordinance No. 6477
August 28, 2013
Page 5 of 12
B Dwelling, Two-Family (Duplex) "Two-family dwelling" or "duplex" means a
building designed exclusively for occupancy by two families or communal residence
living independently of each other, and containing two dwelling units.
C Dwelling, Multiple-Family "Multiple-family dwelling" means a building
designed for occupancy by three or more families or communal residence living
independently of each other, and containing three or more dwelling units.
D Dwelling, Townhouse. "Townhouse dwelling" means a building designed
exclusively for occupancy by one family or communal residence, occupying space from
the ground to the roof and not lying vertically under or over adjacent units, and attached
to one or more other dwelling units by common walls (Ord 6245 § 3, 2009; Ord 6162
1, 2008; Ord 4229 § 2, 1987 )
Section 5. Amendment to City Code. That section 18 04.350 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.04.350 Dwelling unit.
Dwelling unit' means one or more rooms designed for or occupied by one family
or communal residence for living or sleeping purposes and containing kitchen facilities
feF use solely by-Gne-fa-R* All rooms comprising a dwelling unit shall have access
through an interior door to other parts of the dwelling unit. An efficiency apartment, also
known as a studio apartment, constitutes a dwelling unit within the meaning of this title
Ord. 6245 § 3, 2009; Ord 4229 § 2, 1987 )
Section 6. Amendment to City Code. That section 18.04 360 of the Auburn
City Code be and the same hereby is amended to read as follows.
18.04.360 Family.
Family" means a person living alone, two or more persons related by blood or
marriage, or any other analogous family union recognized under Federal and/or State
statute, a gFOLIP of eight OF fewer residents who are Rat Felated by blood
fasilifies, as distinguished from a group occupying a hotel, club,
ledgfnglieuse or communal residence. For the purposes of this definition, minors living
with a parent shall not be counted as part of the maximum number of residents. The
purpose of defining family is to assist in the regulation of occupancy standards within
dwelling units and to define different types of structures it is not intended to interfere
with the civil rights of individuals who establish relationships under the terms of state
and federal laws. (Ord 6245 § 3, 2009; Ord. 4229 § 2, 1987 )
Section 7. Amendment to City Code. That section 18 04 794 of the Auburn
City Code be and the same hereby is amended to read as follows:
Ordinance No 6477
August 28, 2013
Page 6 of 12
18.04.794 Renting of rooms.
Renting of rooms" means the provision of rooms for lodging purposes to not
more than two persons in addition to the owner occupied unit and/or family who lives in
the residence (Ord. 6245 § 3, 2009 )
Section 8. Amendment to City Code. That section 18 07 020 of the Auburn
City Code be and the same hereby is amended to read as follows.
18.07.020 Uses.
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P= Permitted A= Administrative C = Conditional Use X= Not Permitted
Land Uses Zoning Designations
R- R- R- R. R- R- R-
C 1 5 7 10 16 20
A Residential Uses.
Accessory dwelling units P P P P X, X, X,
Accessory use, residential P P P P P P P
Adult family home P P P P P P P
Bed and breakfast P P P P P P P
Board Rghouses (with thrpe or more hARrdPr64 X X X X G G G
Communal residence 4 or less unrelated individuals P P P P P P P
Communal residence more than 4 unrelated individuals C C C C C C C
Duplexes, provided, that minimum lot size of zoning designation is met and
subject to compliance with Chapter 18 25 ACC (Infill Residential Development X X A P P P X
Standards)
Foster care homes P P P P P P P
Group residence facilities (7 or more residents) X X X X C C C
Group residence facilities (6 or fewer residents) P P P P P P P
Keeping household pets'PI P' P' P' P' P P'
Multiple-family dwellings X X X X A P P
Neighborhood recreational buildings and facilities owned and managed by the As As As As As P P
neighborhood homeowners' association
Ordinance No. 6477
August 28, 2013
Page 7 of 12
Renting of rooms, for lodging purposes only, to accommodate not more than two P P P P P P P
persons in addition to the rmmedrate-family or owner occupied unit
Residential care facilities including but not limited to assisted living facilities, p P X X A P P
convalescent homes, continuing care retirement facilities
Single-family detached dwellings, new P P P P P P X
Supportive housing, subject to the provisions of ACC 18.31 160 X X X X X I P P
Swimming pools, tennis courts and similar outdoor recreation uses only accessory P P P P P P P
to residential or park uses
Townhouses (attached) X X X X P P P
B. Commercial Uses.
Commercial horse riding and bridle trails A X X X X X X
Commercial retail, included as part of mixed-use development and not a home X X X X A A A
occupation in compliance with Chapter 18.60 ACC
Daycare, limited to a mini daycare center Daycare center, preschool or nursery X A A A A A A
school may also be permitted but must be located on an arterial
Home-based daycare as regulated by RCW 35 63.185 and through receipt of P P P P P P P
approved city business license
Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P
Mixed-use development'X X X X P P P
Nursing homes X X X
fA
C C C
Private country clubs and golf courses, excluding driving ranges X X C C X X
Privately owned and operated parks and playgrounds and not homeowners' X A A A P P
association-owned recreational area
Professional offices, included as part of mixed-use development and not a home X X X X A A A
occupation in compliance with Chapter 18 60 ACC
C Resource Uses.
Agricultural enterprise:'
When 50 percent, or more, of the total site area is dedicated to active agricultural
production during the growing season, and with 52 or less special events per A' X X X X X X
calendar year
When less than 50 percent of the total site area is dedicated to active agricultural
production during the growing season, or with more than 52 special events per C' X X X X X X
calendar year
Agricultural type uses are permitted provided they are incidental and secondary to
the single-family use:
Ordinance No. 6477
August 28, 2013
Page 8 of 12
Agricultural crops and open field growing (commercial) P X X X X X X
Barns, silos and related structures P X X X X X X
Commercial greenhouses P X X X X X X
Pasturing and grazing° P X X X X X X
Public and private stables' P X X X X X X
Roadside stands, for the sale of agricultural products raised on the premises. The
stand cannot exceed 300 square feet in area and must meet the applicable P X X X X X X
setback requirements
Fish hatcheries C X X X X X X
D Government, Institutional, and Utility Uses.
Civic, social and fraternal clubs X X X X A A A
Government facilities A A A A A A A
Hospitals (except animal hospitals) X X X X X C C
Municipal parks and playgrounds A P P P P P P
Museums X X X X A A A
Religious institutions, less than one acre lot size A A A A A A A
Religious institutions, one acre or larger lot size C C C C C C C
Transmitting towers C C C C C C C
Type 1-D Wireless Communication Facility (see ACC 18 04.912(J)) P P P P P P P
Utility facilities and substations C' C' C' C' C'
1 An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC 18.31 120.
2. Please see the supplemental development standards for animals in ACC 18.31 210.
3. Individual uses that make up a mixed-use development must be permitted within the zone. If a use making up part
of a mixed-use development requires an administrative or conditional use permit, the individual use must apply for
and receive the administrative or conditional use approval, as applicable.
4. Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is regulated by
the King or Pierce County board of health, and property owners shall comply with the provisions of the King County
board of health code.
5. Excludes all public and private utility facilities addressed under ACC 18.02.040(E).
6.Administrative use permit not required when approved as part of a subdivision or binding site plan
7 Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210, Agricultural
enterprises development standards
Ord. 6369§2, 2011, Ord. 6363§ 3, 2011, Ord 6269§3, 2009, Ord 6245§ 5, 2009.)
Section 9. Amendment to City Code. That Section 18 31.130 of the Auburn
City Code be and the same hereby is amended to read as follows:
Ordinance No. 6477
August 28, 2013
Page 9 of 12
18.31.130 ReseFvedCommunal residence.
A. Parking Requirements
1.There must be one off-street parking stall per renter. A landlord may reduce the
off-street parking requirement if an affidavit is signed that a tenant does not own a vehicle.
B. Solid Waste Management Requirements
1.ACC Section 8.08 070 requires all occupied units to have minimum garbage
service The landlord is required to provide tenants with adequate garbage and recycle
receptacles meeting the minimum garage service level
2. The landlord is responsible to provide each tenant with the solid waste collection
schedule and that schedule is to be posted within the unit.
C. An annual building inspection is required for a communal residence as part of the
required rental housing business license.
D. International Property Maintenance Code occupancy requirements are applicable
to a communal residence regardless of the number of individuals living in the residence.
E. Amortization Schedule
1 Existing communal residences have until December 31 2013 to become
compliant with the regulations outlined in this Title and Title 5 as it pertains to communal
residences.
F. The following criteria are required to be met for any communal residence over 4
unrelated individuals in addition to the required criteria for a conditional use permit under ACC
18.64.040. As stated in ACC 18.07.020, a conditional use permit is required.
1.Adequate living space based on the International Property Maintenance Code
standards will be taken into account when a request for more than 4 unrelated individuals is
requested.
2.A designated property manager that is available 24 hours a day, 7 days a week
is required.
3.The request for more than 4 unrelated individuals will not adversely impact the
surrounding community.
4 The applicant must show how noise will be mitigated. ReseFved(Ord 6245
15, 2009 )
Section 10. Creation of New Section of City Code. That a new section
18 04.249 of the Auburn City Code be and the same hereby is created to read as
follows.
18.04.249 Communal residence.
A dwelling, without an owner occupant, that is rented to a group of unrelated
individuals
Section 11. Creation of New Section of City Code. That a new section
18 04 677 of the Auburn City Code be and the same hereby is created to read as
follows
Ordinance No. 6477
August 28, 2013
Page 10 of 12
18.04.677 Owner occupied unit.
A dwelling unit in which the owner resides on a regular, permanent basis.
Section 12. Repeal of City Code Section. That section 18 04 180, definition
of boardinghouse, of the Auburn City Code is repealed
Section 13. Amendment to City Fee Schedule. The City of Auburn Fee
Schedule shall be amended as follows.
6. RENTAL HOUSING BUSINESS LICENSE FEES (Per Resolution No. 4601,
Ordinance No 5882, Resolution No 4272 and Resolution No. 4424)
1)The fee for a license to operate rental housing businesses in the City,
as defined in Chapter 5.22 of the Auburn City Code (ACC) shall be based on the
total number of units as follows
a) One to four dwelling units: $53.00 per year;
b) Five to 24 dwelling units $106.00 per year;
c) Twenty-five or more dwelling units. $212.00 per year
d) Communal residence: $150.00 per year
2)The fee for a license to operate rental housing businesses in the city
shall be for the license year from January 1 to December 31, and each applicant
must pay the full fee for the current license year or any portion thereof during which
the applicant has engaged in the operation of rental housing businesses.
3)The rental housing business license fee required by this chapter is in
lieu of, and not in addition to, the general business license fee required by
Chapters 5 05 and 5 10 of the Auburn City Code (ACC), provided, however,
that any person required to obtain a rental housing business license must also
obtain a general business license, at no cost, pursuant to Chapters 5 05 and 5 10
of the Auburn City Code (ACC)
4)Notwithstanding the provisions of sub-section (1) of this section,
the fee for operating rental housing facilities for any single individual, partnership,
corporation or entity shall not exceed $424 00 per license period
For the 2010 calendar year only, rental housing business license renewals
shall be valid
for the period July 1, 2010 to December 31, 2010 subject to the payment
of one-half of the specified fee For the 2011 calendar year and subsequent
calendar years, rental housing business license renewals shall be for the period
January 1 through December 31.
Section 14. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
Ordinance No. 6477
August 28, 2013
Page 11 of 12
legislation. Furthermore, the City Clerk is authorized to insert the amended fee set forth
in Section 13 hereof into the City of Auburn Fee Schedule without any further action by
the City Council.
Section 15. Severability. The provisions of this ordinance are declared
to be separate and severable The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 16. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law
INTRODUCED-
SEP -3 2013
PASSED SEP - 3 2013
APPROVED SEP - 3 2013
OF AUBURN
ETER B L
ATTEST.
Danielle E. Daskam, City Clerk
4Heia,—City
O FORM:APP
niel 13 A
Published ` ,C ate w.y'\ 'Zi , QLo\-s
Ordinance No. 6477
August 28, 2013
Page 12 of 12
ORDINANCE NO. 6 4 7 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
5.22.020, 5.22.040, 18 04 330 18 04 340, 18 04 350,
18 04 360, 18 04 794, 18 07 020 AND 18 31 130 OF THE
CITY CODE, CREATING NEW SECTIONS 18 04.249 AND,
18 04 677, OF THE CITY CODE, REPEALING SECTION
18 04 180 OF THE CITY CODE, AND AMENDING THE
CITY OF AUBURN FEE SCHEDULE, RELATED TO
RENTAL HOUSING
WHEREAS, the City of Auburn has seen an increase in rental housing
particularly in residential neighborhoods adjacent to Green River Community College
and through citizen comment determined the City's rental housing program needed to
be amended, and
WHEREAS, there is currently an inconsistency between the definitions within
Chapter 18 04 of the Auburn City Code, and
WHEREAS, in order to clarify the definitions and address the inconsistency
between the terms as they are currently written in the City Code, it is appropriate to
amend, delete, and create new definitions and establish criteria for rental housing within
single family residential neighborhoods, and
WHEREAS, in order to address issues raised related to rental housing primarily
in single family residential neighborhoods, it is appropriate to amend the City's rental
housing business license program, and
WHEREAS, following proper public notice, the Planning Commission considered
the proposed code amendments at a public hearing on August 20, 2013, and
Ordinance No. 6477
August 28, 2013
Page 1 of 12
WHEREAS, the Planning and Community Development Committee reviewed the
Planning Commission's recommendation at their August 26, 2013 meeting, and
WHEREAS, the environmental review on the proposal has been completed in
accordance with the requirements of the State Environmental Policy Act (SEPA) with a
final Determination of Non-significance (DNS) issued August 5, 2013, and
WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code
amendments were sent to the Washington State Department of Commerce, Growth
Management Services, and other state agencies as required with expedited review
requested and acknowledgment received on August 26, 2013; and
WHEREAS, no comments regarding the proposed zoning code amendments
have been received from the Department of Commerce or other state agencies; and
WHEREAS, the Auburn City Council finds that the proposed amendments
provide clarification to the subdivision title and comply with recent changes to state law
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows.
Section 1. Amendment to City Code. That Section 5.22.020 of the Auburn
City Code be and the same hereby is amended to read as follows.
5.22.020 Business license - Fee.
Each rental housing business operating in the city, as defined herein, shall obtain
and maintain in good standing a "rental housing business license" issued by the city in
accordance with the procedures of this chapter and this title.
A. The fee for a rental housing business license shall be as set forth in the
city of Auburn fee schedule
B The business license fee shall be for the fiscal-calendar year (duly is
January 1st through December 315), and each applicant for the
business license must pay the full business license fee for the current calendar fiscal
year or portion thereof during which the applicant has engaged in business, regardless
of when during the calendar fiscal year the license is obtained
Ordinance No. 6477
August 28, 2013
Page 2 of 12
C The rental housing business license fee required by this chapter is in lieu
of, and not in addition to, the general business license fee required by Chapters 5.05
and 5.10 ACC, provided, however, that any person required to obtain a rental housing
business license must also obtain a general business license, at no cost, pursuant to
Chapters 5 05 and 5 10 ACC. (Ord 5882 § 1, 2005, Ord. 5651 § 1, 2002.)
Section 2. Amendment to City Code. That Section 5.22.040 of the Auburn
City Code be and the same hereby is amended to read as follows.
5.22.040 Rental housing business license criteria.
A. Managers and operators of rental housing businesses shall comply with
the criteria established in this section and chapter in order to maintain their rental
housing business license in good standing as required by ACC 5.22.020. The city shall
identify and communicate with the managers and operators of rental housing
businesses, as it deems appropriate, regarding the criteria established in this chapter.
The city shall establish forums for information sharing and enforcement review, as it
deems appropriate, in order to encourage voluntary compliance with these criteria prior
to mandatory enforcement. Rental housing business owners or their non-owner
managers shall comply as necessary with the following specific criteria as well as all
other requirements of this chapter in order to maintain their business license in good
standing:
1 Attendance and participation in crime-free housing training programs
when such are offered by the Auburn police department or other city department and
the license holder is given written notice to attend. Attendance and participation may be
required by the city whenever a residential unit is the location for any criminal or
nuisance activity which results in an arrest for criminal activity or the issuance of an
infraction citation in the case of a nuisance, whether or not the arrestee or cited person
is a tenant;
2.Mutually derived crime prevention strategies as established and agreed to
by and between the city and the rental housing owner and/or manager;
3 City directed crime prevention strategies. If the implementation of criteria
in subsections (A)(1) and (2) of this section is unsuccessful in eliminating recurring
criminal or nuisance activity the city will notify the rental housing business owner or
manager in writing of the requirement to comply with a particular city directed crime
prevention strategy The city may implement a city directed crime prevention strategy
whenever a residential unit is the location for any criminal or nuisance activity which
results in an arrest or issuance of a citation whether or not the person arrested or cited
is a tenant. Strategies will be reasonably tailored to the particular location and situation
and will be consistent with strategies implemented by other municipalities in similar
situations,
4 Upon written request, the rental housing owner or manager shall allow
inspection of rental housing residential units consistent with their ability to do so under
the requirements of the landlord-tenant statutes of the state of Washington and the
Auburn City Code. The city may, with the legally obtained consent of an occupant or
Ordinance No. 6477
August 28, 2013
Page 3 of 12
owner, or pursuant to a lawfully issued warrant, enter any building, structure or
premises in the city to inspect or perform any duty imposed by this code,
5 In the event that recurring criminal or nuisance activity continues at any
particular location which is subject to the licensing requirements of this chapter and the
imposition of criteria in subsections (A)(1) through (4) of this section has failed to
eliminate the recurring criminal or nuisance activity at the location, the rental housing
owner may hire security officers selected by the manager-operator Voluntary
implementation of manager-operator selected security shall stay revocation of the
business license so long as the security is effective in eliminating the recurring criminal
and/or nuisance activity at said licensed location,
6 In the event that criminal or nuisance activity continues to occur at any
particular location which is subject to the licensing requirements of this chapter and the
imposition of criteria in subsections (A)(1) through (4) of this section and implementation
of criteria in subsection (A)(5) of this section has failed to eliminate recurring criminal or
nuisance activity at the particular location the rental housing owner may request or
agree to city directed off-duty police security Voluntary implementation of city directed
off-duty police security shall stay revocation of the business license so long as the
security is effective in eliminating ongoing criminal and/or nuisance activity at the
particular licensed location,
7 In the event that the rental housing business owner does not comply with
criteria in subsections (A)(1) through (6) of this section, the city may revoke the rental
housing business owner's license Business license revocation shall be the ultimate
resort for enforcement purposes. Business license revocation shall occur as otherwise
set out in this chapter
B The criteria listed above shall be implemented in a priority beginning with
criteria in subsection (A)(1) of this section and ending with criteria in subsection (A)(7) of
this section. It is envisioned that most problems can be resolved by participation in
crime-free housing training and implementation of its recommended practices Failure to
participate in strategies in subsections (A)(1) through (6) of this section may subject the
licensed/registered party to revocation. Any expense incurred in connection with
subsections (A)(2) through (5) of this section will be borne by the licensed/registered
party
It is further provided that the "inspection of the residential units of rental housing
units," subsection (A)(4) of this section, includes inspection of residential units in the
complex for any applicable health, building, fire, housing or life-safety code violations, or
other serious violations.
C.The following requirements are established for communal residences as
defined in Title 18.
1.The owner/landlord must provide the following information and any
additional information on the rental business license application form at the time of
submittal:
a. Total number of bedrooms in the rental unit
b. Total number of occupants
Ordinance No. 6477
August 28, 2013
Page 4 of 12
2. The owner/landlord must provide updated information for each of the
items outlined in ACC 5 22 040(C)(1) each year with their rental business license
renewal.
3. The owner/landlord must sign a statement that confirms their
understanding and acceptance of the conditions and obligations incurred as a landlord.
At a minimum the statement will.
a. Outline the landlord's responsibilities for providing a safe living
environment for their tenants.
b. That structural additions and modifications are to be properly permitted
and inspected.
C.That garbage and recycling will be properly managed
d. That adequate off-street parking will be provided for all tenants meeting
the requirements of ACC 18.31.130.
e. That noise and other public nuisances see Title 8 ACC will be monitored
and controlled.
f.That annual inspections are required in order to obtain a rental housing
business license.
g. That anyone under the age of 18 is subject to the curfew regulations in
ACC 9.10.
4.If the owner/landlord is in violation of the requirements for a communal
residence then the code enforcement actions outlined in Chapter 1.25 will be taken.
Ord. 5882 § 1, 2005; Ord 5651 § 1, 2002.)
Section 3. Amendment to City Code. That section 18 04 330 of the Auburn
City Code be and the same hereby is amended to read as follows.
18.04.330 Dwelling.
Dwelling" means a building designed exclusively for residential purposes for
occupancy by a person,-ar family, or unrelated group with one or more rooms for living
and sleeping purposes, containing kitchen facilities and rooms with internal accessibility,
including single-family, two-family —and multiple-family dwellings and townhouse
dwellings but not including hotels or motel units without kitchens. (Ord 6245 § 3, 2009;
Ord. 4229 § 2, 1987 )
Section 4. Amendment to City Code. That section 18 04 340 of the Auburn
City Code be and the same hereby is amended to read as follows.
18.04.340 Dwellings, types of.
Types of dwellings" means.
A. Dwelling, Single-Family "Single-family dwelling" means a detached
building designed exclusively for occupancy by one family or communal residence and
containing one dwelling unit that is permanently attached to the ground A manufactured
home may be considered a single-family dwelling if sited per ACC 18 31 050
Ordinance No. 6477
August 28, 2013
Page 5 of 12
B Dwelling, Two-Family (Duplex) "Two-family dwelling" or "duplex" means a
building designed exclusively for occupancy by two families or communal residence
living independently of each other, and containing two dwelling units.
C Dwelling, Multiple-Family "Multiple-family dwelling" means a building
designed for occupancy by three or more families or communal residence living
independently of each other, and containing three or more dwelling units.
D Dwelling, Townhouse. "Townhouse dwelling" means a building designed
exclusively for occupancy by one family or communal residence, occupying space from
the ground to the roof and not lying vertically under or over adjacent units, and attached
to one or more other dwelling units by common walls (Ord 6245 § 3, 2009; Ord 6162
1, 2008; Ord 4229 § 2, 1987 )
Section 5. Amendment to City Code. That section 18 04.350 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.04.350 Dwelling unit.
Dwelling unit' means one or more rooms designed for or occupied by one family
or communal residence for living or sleeping purposes and containing kitchen facilities
feF use solely by-Gne-fa-R* All rooms comprising a dwelling unit shall have access
through an interior door to other parts of the dwelling unit. An efficiency apartment, also
known as a studio apartment, constitutes a dwelling unit within the meaning of this title
Ord. 6245 § 3, 2009; Ord 4229 § 2, 1987 )
Section 6. Amendment to City Code. That section 18.04 360 of the Auburn
City Code be and the same hereby is amended to read as follows.
18.04.360 Family.
Family" means a person living alone, two or more persons related by blood or
marriage, or any other analogous family union recognized under Federal and/or State
statute, a gFOLIP of eight OF fewer residents who are Rat Felated by blood
fasilifies, as distinguished from a group occupying a hotel, club,
ledgfnglieuse or communal residence. For the purposes of this definition, minors living
with a parent shall not be counted as part of the maximum number of residents. The
purpose of defining family is to assist in the regulation of occupancy standards within
dwelling units and to define different types of structures it is not intended to interfere
with the civil rights of individuals who establish relationships under the terms of state
and federal laws. (Ord 6245 § 3, 2009; Ord. 4229 § 2, 1987 )
Section 7. Amendment to City Code. That section 18 04 794 of the Auburn
City Code be and the same hereby is amended to read as follows:
Ordinance No 6477
August 28, 2013
Page 6 of 12
18.04.794 Renting of rooms.
Renting of rooms" means the provision of rooms for lodging purposes to not
more than two persons in addition to the owner occupied unit and/or family who lives in
the residence (Ord. 6245 § 3, 2009 )
Section 8. Amendment to City Code. That section 18 07 020 of the Auburn
City Code be and the same hereby is amended to read as follows.
18.07.020 Uses.
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P= Permitted A= Administrative C = Conditional Use X= Not Permitted
Land Uses Zoning Designations
R- R- R- R. R- R- R-
C 1 5 7 10 16 20
A Residential Uses.
Accessory dwelling units P P P P X, X, X,
Accessory use, residential P P P P P P P
Adult family home P P P P P P P
Bed and breakfast P P P P P P P
Board Rghouses (with thrpe or more hARrdPr64 X X X X G G G
Communal residence 4 or less unrelated individuals P P P P P P P
Communal residence more than 4 unrelated individuals C C C C C C C
Duplexes, provided, that minimum lot size of zoning designation is met and
subject to compliance with Chapter 18 25 ACC (Infill Residential Development X X A P P P X
Standards)
Foster care homes P P P P P P P
Group residence facilities (7 or more residents) X X X X C C C
Group residence facilities (6 or fewer residents) P P P P P P P
Keeping household pets'PI P' P' P' P' P P'
Multiple-family dwellings X X X X A P P
Neighborhood recreational buildings and facilities owned and managed by the As As As As As P P
neighborhood homeowners' association
Ordinance No. 6477
August 28, 2013
Page 7 of 12
Renting of rooms, for lodging purposes only, to accommodate not more than two P P P P P P P
persons in addition to the rmmedrate-family or owner occupied unit
Residential care facilities including but not limited to assisted living facilities, p P X X A P P
convalescent homes, continuing care retirement facilities
Single-family detached dwellings, new P P P P P P X
Supportive housing, subject to the provisions of ACC 18.31 160 X X X X X I P P
Swimming pools, tennis courts and similar outdoor recreation uses only accessory P P P P P P P
to residential or park uses
Townhouses (attached) X X X X P P P
B. Commercial Uses.
Commercial horse riding and bridle trails A X X X X X X
Commercial retail, included as part of mixed-use development and not a home X X X X A A A
occupation in compliance with Chapter 18.60 ACC
Daycare, limited to a mini daycare center Daycare center, preschool or nursery X A A A A A A
school may also be permitted but must be located on an arterial
Home-based daycare as regulated by RCW 35 63.185 and through receipt of P P P P P P P
approved city business license
Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P
Mixed-use development'X X X X P P P
Nursing homes X X X
fA
C C C
Private country clubs and golf courses, excluding driving ranges X X C C X X
Privately owned and operated parks and playgrounds and not homeowners' X A A A P P
association-owned recreational area
Professional offices, included as part of mixed-use development and not a home X X X X A A A
occupation in compliance with Chapter 18 60 ACC
C Resource Uses.
Agricultural enterprise:'
When 50 percent, or more, of the total site area is dedicated to active agricultural
production during the growing season, and with 52 or less special events per A' X X X X X X
calendar year
When less than 50 percent of the total site area is dedicated to active agricultural
production during the growing season, or with more than 52 special events per C' X X X X X X
calendar year
Agricultural type uses are permitted provided they are incidental and secondary to
the single-family use:
Ordinance No. 6477
August 28, 2013
Page 8 of 12
Agricultural crops and open field growing (commercial) P X X X X X X
Barns, silos and related structures P X X X X X X
Commercial greenhouses P X X X X X X
Pasturing and grazing° P X X X X X X
Public and private stables' P X X X X X X
Roadside stands, for the sale of agricultural products raised on the premises. The
stand cannot exceed 300 square feet in area and must meet the applicable P X X X X X X
setback requirements
Fish hatcheries C X X X X X X
D Government, Institutional, and Utility Uses.
Civic, social and fraternal clubs X X X X A A A
Government facilities A A A A A A A
Hospitals (except animal hospitals) X X X X X C C
Municipal parks and playgrounds A P P P P P P
Museums X X X X A A A
Religious institutions, less than one acre lot size A A A A A A A
Religious institutions, one acre or larger lot size C C C C C C C
Transmitting towers C C C C C C C
Type 1-D Wireless Communication Facility (see ACC 18 04.912(J)) P P P P P P P
Utility facilities and substations C' C' C' C' C'
1 An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC 18.31 120.
2. Please see the supplemental development standards for animals in ACC 18.31 210.
3. Individual uses that make up a mixed-use development must be permitted within the zone. If a use making up part
of a mixed-use development requires an administrative or conditional use permit, the individual use must apply for
and receive the administrative or conditional use approval, as applicable.
4. Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is regulated by
the King or Pierce County board of health, and property owners shall comply with the provisions of the King County
board of health code.
5. Excludes all public and private utility facilities addressed under ACC 18.02.040(E).
6.Administrative use permit not required when approved as part of a subdivision or binding site plan
7 Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210, Agricultural
enterprises development standards
Ord. 6369§2, 2011, Ord. 6363§ 3, 2011, Ord 6269§3, 2009, Ord 6245§ 5, 2009.)
Section 9. Amendment to City Code. That Section 18 31.130 of the Auburn
City Code be and the same hereby is amended to read as follows:
Ordinance No. 6477
August 28, 2013
Page 9 of 12
18.31.130 ReseFvedCommunal residence.
A. Parking Requirements
1.There must be one off-street parking stall per renter. A landlord may reduce the
off-street parking requirement if an affidavit is signed that a tenant does not own a vehicle.
B. Solid Waste Management Requirements
1.ACC Section 8.08 070 requires all occupied units to have minimum garbage
service The landlord is required to provide tenants with adequate garbage and recycle
receptacles meeting the minimum garage service level
2. The landlord is responsible to provide each tenant with the solid waste collection
schedule and that schedule is to be posted within the unit.
C. An annual building inspection is required for a communal residence as part of the
required rental housing business license.
D. International Property Maintenance Code occupancy requirements are applicable
to a communal residence regardless of the number of individuals living in the residence.
E. Amortization Schedule
1 Existing communal residences have until December 31 2013 to become
compliant with the regulations outlined in this Title and Title 5 as it pertains to communal
residences.
F. The following criteria are required to be met for any communal residence over 4
unrelated individuals in addition to the required criteria for a conditional use permit under ACC
18.64.040. As stated in ACC 18.07.020, a conditional use permit is required.
1.Adequate living space based on the International Property Maintenance Code
standards will be taken into account when a request for more than 4 unrelated individuals is
requested.
2.A designated property manager that is available 24 hours a day, 7 days a week
is required.
3.The request for more than 4 unrelated individuals will not adversely impact the
surrounding community.
4 The applicant must show how noise will be mitigated. ReseFved(Ord 6245
15, 2009 )
Section 10. Creation of New Section of City Code. That a new section
18 04.249 of the Auburn City Code be and the same hereby is created to read as
follows.
18.04.249 Communal residence.
A dwelling, without an owner occupant, that is rented to a group of unrelated
individuals
Section 11. Creation of New Section of City Code. That a new section
18 04 677 of the Auburn City Code be and the same hereby is created to read as
follows
Ordinance No. 6477
August 28, 2013
Page 10 of 12
18.04.677 Owner occupied unit.
A dwelling unit in which the owner resides on a regular, permanent basis.
Section 12. Repeal of City Code Section. That section 18 04 180, definition
of boardinghouse, of the Auburn City Code is repealed
Section 13. Amendment to City Fee Schedule. The City of Auburn Fee
Schedule shall be amended as follows.
6. RENTAL HOUSING BUSINESS LICENSE FEES (Per Resolution No. 4601,
Ordinance No 5882, Resolution No 4272 and Resolution No. 4424)
1)The fee for a license to operate rental housing businesses in the City,
as defined in Chapter 5.22 of the Auburn City Code (ACC) shall be based on the
total number of units as follows
a) One to four dwelling units: $53.00 per year;
b) Five to 24 dwelling units $106.00 per year;
c) Twenty-five or more dwelling units. $212.00 per year
d) Communal residence: $150.00 per year
2)The fee for a license to operate rental housing businesses in the city
shall be for the license year from January 1 to December 31, and each applicant
must pay the full fee for the current license year or any portion thereof during which
the applicant has engaged in the operation of rental housing businesses.
3)The rental housing business license fee required by this chapter is in
lieu of, and not in addition to, the general business license fee required by
Chapters 5 05 and 5 10 of the Auburn City Code (ACC), provided, however,
that any person required to obtain a rental housing business license must also
obtain a general business license, at no cost, pursuant to Chapters 5 05 and 5 10
of the Auburn City Code (ACC)
4)Notwithstanding the provisions of sub-section (1) of this section,
the fee for operating rental housing facilities for any single individual, partnership,
corporation or entity shall not exceed $424 00 per license period
For the 2010 calendar year only, rental housing business license renewals
shall be valid
for the period July 1, 2010 to December 31, 2010 subject to the payment
of one-half of the specified fee For the 2011 calendar year and subsequent
calendar years, rental housing business license renewals shall be for the period
January 1 through December 31.
Section 14. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
Ordinance No. 6477
August 28, 2013
Page 11 of 12
legislation. Furthermore, the City Clerk is authorized to insert the amended fee set forth
in Section 13 hereof into the City of Auburn Fee Schedule without any further action by
the City Council.
Section 15. Severability. The provisions of this ordinance are declared
to be separate and severable The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 16. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law
INTRODUCED-
SEP -3 2013
PASSED SEP - 3 2013
APPROVED SEP - 3 2013
OF AUBURN
ETER B L
ATTEST.
Danielle E. Daskam, City Clerk
4Heia,—City
O FORM:APP
niel 13 A
Published ` ,C ate w.y'\ 'Zi , QLo\-s
Ordinance No. 6477
August 28, 2013
Page 12 of 12