HomeMy WebLinkAbout6560 ORDINANCE NO. 6 5 6 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
18.04.031, 18.04.125, 18.04.249, 18.04.390, 18.04.440,
18.04.660, 18.04.835, 18.04.891, 18.07.020, AND 18.31.130
OF THE AUBURN CITY CODE RELATING TO COMMUNAL
RESIDENCES
WHEREAS, the City of Auburn has seen an increase in rental housing particularly in
residential neighborhoods adjacent to Green River College and through citizen comment
determined the City's rental housing related codes need to be amended in some fashion; and
WHEREAS, the current provisions of fhe Aubum City Code (ACC) define communal
residences as a dwelling without an owner occupant that is rented to a group of unrelated
individuals [ACC 18.04.249], and further identify regulations related to communal residences
[ACC 18.31.130], however, it appears that these provisions may not be adequate to fully
address the issues related to communal residences; and
WHEREAS, in order to address issues related to rental housing primarily in single family
residential neighborhoods, the City Council determined that it is appropriate to fully evaluate and
consider the different options and avenues through which communal residence rental housing
operates; and I
I
WHEREAS, in conformiry with the responsibilities of the City of Auburn to provide for '
zoning and land use regulations pursuant to state law, and the Citys authority to regulate land
use activity within its corporate limits, the City intends to explore and evaluate how it can most
reasonably and responsibly address the issues and impacts related to communal residence
rental housing; and
WHEREAS, in order to give the City adequate time to fully consider all the options and
OrdinBnce No. 6560
May 14, 2015
Page 1 of 12
alternatives for appropriate regulations, and to fully investigate and review all of the factors
invoived in communal residence rental housing related uses, the City Council determined it had
a need to impose a moratorium on accepting and processing applications for communal
residence rental housing uses, until its review of needed regulations and the adoption and
implementation of needed regulations can be completed; and
WHEREAS, RCW Sections 35A.63.220 and 36.70A:390 authorize cities to adopt
moratoria; and
WHEREAS, consistent with the provisions of RCW 35A.63.220, on June 16, 2014, the
City Council passed its Resolution No. 5079, implementing and establishing a moratorium on
the acceptance or processing of applications for business licenses and other licenses, permits
and approvals for communal residential rental housing; and
WHEREAS, since the passage of Resolution No. 5079, members of the Planning
Department and other City staff have been working with the City of Auburn Planning
Commission to evaluate, consider and propose amendmenfs to the City Code to address
communal residential rental housing; and
WHEREAS, on March 17, 2015, the City of Auburn Planning Commission held a public
hearing to hear comments regarding communal residential rental housing, and following the
public hearing and the receipt of comments and discussion related thereto, the Planning
Commission moved to forward to the City Council its recommendations regarding communal
residential rental housing, set forth herein below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows
Section 1. AMENDMENT TO CITY CODE. That Section 18.04.031 of the
City Code be, and the same is hereby amended to �ead as follows:
Ordinance No. 6560
May 14, 2015
Page 2 of 12
18.04.031 Adult family home.
� "Adult family home" means a residential home licensed bv the state in
which a person or persons provide personal care, special care, room, and board
to more than one but not more 4han six adults who are not related by blood or
marriage to the person or persons providing the services. Adult Family Homes
are not Communal Residences. (Ord. 6245 § 3, 2009.)
Section 2 AMENDMENT TO CITY CODE. That Section 18.04.125 of the
City Code be, and the same is hereby amended to read as follows:
18.04.125 Assisted living facility.
"Assisted living facility" means a combination of housing, supportive
services, personalized assistance, and health care designed to respond to the
individual needs of those who need help with activities of daily living. An
establishment with a central or private kitchen, dining, recreational, and other
facilities, with separate bedrooins or living quarters, where the emphasis of the
facility remains residential. An Assisted Livinq Facilitv is not a Communal
Residence. (Ord. 6245 § 3, 2009; Ord. 6140 § 1, 2007.)
Section 3 AMENDMENT TO CITY CODE. That Section 18.04.249 of the
City Code be, and the same is hereby amended to read as follows:
18.04.249 Communal residence.
"Communal residence" ;�r-�-is a business operated out of a sinqle
residential home �a-�;;:.;�without an owner occupant residinq therein, where
the residential home, or portions thereof�islare rented to ^ ^�^��^ ^f ��^�°'^'°�'
more than one individual +a�i�aa4s throuqh separate, unrelated lease or rental
aqreements. The fact that the individuals rent the residence or a portion thereof
throuqh separate, unrelated lease or rental aqreements shall be qrima fasie
evidence that fhe individuals are unrelated and do not meet the definition of
"Famil_y" per sec4ion 18.04:360 of the citv code. Adult Familv Homes Foster Care
Homes, Group Residence Facilities. Special Needs Housinq, and Suqportive
Housinq are not Communal Residences. (Ord. 6477 § 10, 2013.)
Section 4 AMENDMENT TO CITY CODE. That Section 18.04:390 of the
City Code be, and the same is hereby amended to read as follows:
18.04.390 Foster care home.
"Foster care home" means a home which provides regular care for up to
four developmentally disabled adults, or up to four adults who are recipients of
state or federal financial assistance services, or up to four foster children under
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Ordinance No. 656b
May 14,2015
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the age of 18, or up to three expectant mothers in a residential structure of the
person or persons under whose direct care and supervision the people are
� placed. A Foster Care Home is not a Communal Residence. (Ord. 6245 § 3,
2009; Ord. 4229 § 2, 1987.)
Section 5 AMENDMENT TO CITY CODE. That Section 18.04.440 of the
City Code be, and the same is hereby amended to read as follows:
18.04.440 Group residence facility.
"Group residence facility" means a facility licensed by the state and
operated with full-time supervision for housing resident persons who, by reasons
of 4heir mental or physical disability, addicfion to drugs or alcohol, or family and
social adjustment problems, require a transitional nonmedical treatment program
for rehabilitation and social readjustment. For the purposes of this title, a ,
nonmedical treatment program consists of counseling, vocational guidance,
training, group therapy and other similar rehabilitative services but does not
include drug and/or alcohol detoxification. Monitoring the taking of prescription
medication shall be permitted. The use of inedication by any resident shall be
incidental to that person's residence in the facility and shall not be a criterion for
residence in the facility. This definition does not include residential dwellings
which meet all other requirements of this title, that provide programs related to
this defini4ion or which provide services of a nursing home as defined by ACC
� 18.04.660. A Group Residence Facilitv is not a Communal Residence. (Ord.
6245 § 3, 2009; Ord. 4590 § 2 (Exh. A), 1992; Ord. 4304 § 1(2), 1988; Ord. 4229
§ 2, 1987.)
Sec4ion 6 AMENDMENT TO CITY CODE. That Section 18.04.660 of the
City Code be, and the same is hereby amended to read as follows:
18.04.660 Nursing home.
"Nursing home," "rest home," "convalescent home," "guest home" and
''home for the aged" mean a home operated similarly to a boardinghouse but not
restricted to any number of guests or guest rooms, the operator of which is
licensed by the state or county to give special care and cure tb his or her
charges, and in which nursing, dietary and other personal services are furnished
to convalescents, invalids and aged persons, and in which homes are performed
no surgery, maternity or any other primary treatments such as customarily
provided in hospitals, and in which no persons are kept or served who normally
would be admitted to a mental hospital or to a group residence facility. This
definition does not include group residence facilities as defined in this title. A
Nursinq Home is not a Communal Residence. (Ord. 6245 § 3, 2009; Ord, 4304 §
1(5), 1988; Ord. 4229 § 2, 1987.)
Ordinance No. 6560
May 14, 2015
Page 4 of 12
Section 7 AMENDMENT TO CITY CODE. That Section 18.04.835 of the
City Code be, and the same is hereby amended to read as follows:
18.04.835 Special needs housing.
"Special needs housing" is housing that meets the defnition of nursing
home, group home, or other housing that meets the needs of special populations
that need assistance or special accommodation in housing. See Chapter 18.49
� ACC. Special Needs Housinq is not a Communal Residence. (Ord. 6245 § 3,
2009.)
Section 8 AMENDMENT TO CITY CODE. That Section 18.04.891 of the
City Code be, and the same is hereby amended to read as follows:
18.04.891 Supportive housing.
"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) homeles.s or at risk of
homelessness; (B) are experiencing a disability that presents barriers to
employment and housing stability; or (C) generally require structured supportive
services to be successful living in the community; is permitted at a greater unit
density than otherwise allowed within a particular zone; and is intended to
provide long-term, rather than transitional, housing. Long-term housing is
approximately longer than twb years, whereas transitional housing is no more
� than two years. Supportive Housinq is not a Communal Residence. (Ord. 6245 §
3, 2009; Ord. 6167 § 1, 2008.)
Section 9 AMENDMENT TO CITY CODE. That Section 18.07.020 of the
City Code be, and the same is hereby 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
RC R-1 R-5 R-7 R-10 R-16 R-20
A. Residential Uses.
Ordinance No. 6560
May 14, 2015
Page 5 of 12
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P = Permitted A=Administrative C =Conditional Use X= Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
Accessary 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
� Communal residence four or less�;:^�:��'
individuals P P P P P P P
.e�„�e,, ,,,,,;,, „�„ G 6 S S 6 G 6
Duplexes; provided, that minimum lot size of
zoning designation is met and subject to X X A P P P X
compliance with Chapter 18.25 ACC(Infill
Residential Development Standards)
Foster care homes P P P P P P P
Group residence facilities(7 or more X X X X C C C
residents)
Group residence faciliGes(6 or fewer P P P P P P P
residents)
Keeping household pets° P' 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 Aa A° As A° A° p P
neighborhood homeowners' association
Renting of rooms, for lodging purposes only,
to accommodate not more than lwo persons P P P P P P P
in addition to the family or owner occupied
� unit�
' An owner occuoant that rents to more than two oersons hut no more than four oersons is required to obtain a
Citv of Auburn Rental Housin¢ Business License and shall meet the standards of the Interna[ional Prooertv
Maintenance Code.
Ordinance No. 6560
May 14, 2015
Page 6 of 12
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P=Permitted A=Administrati4e C=Conditional Use X= Not Permitted
Land Uses 2oning Designations
RC R-1 R-5 R-7 R-70 R-76 R-20
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 X X X X X P P
provisions of ACC i 8.31.160
Swimming pools, tennis courts and similar
outdoor recreation uses only accessory to P P P P P P P
residential or park uses
Townhouses(attached) X X X X P P P
B. Commercial Uses.
Commercial Fiorse riding and bridle trails A X X X X X
X
Commercial retail, included as part of
miiced-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.
, Dayca�e center, preschool or nursery school X A A A A A A
may also be permitted but must be located
on an arterial
Home-based dayca�e as regulated by RCW
35.63.185 and through receipt of approved P P P P P P P
ciry business license
Home occupations subject to compliance P P P P P P P
with Chapter 18.60 ACC
Mixed-use developmenN X X X X P P P
Nursing homes X X X X C C C
Private country clubs and golf courses, X X C C C X X
excluding driving ranges
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Ordinance No. 6560
May 14, 2015
Page 7 of 12
Table 18_07.020
Permitted Use Table—Residential Zoning Designations
P=Permitted A=Administrative C=Conditional Use X=Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
Privately owned and opereted parks and
playgrounds and nbt homeowners' X A A A A P P
association-owned recreational area
Professional offces, included as part of
mized-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 A' X X X X X X
with 52 or less special events per calendar
year
When less than 50 percent of tFie total site
area is dedicated to active agricultural
production during the growing season, or C' X X X X X X
with more than 52 special events per
calendaryear
Agricultural type uses are permitted
provided they are incidental and secondary
to tFie single-family use:
Agricultural crops and open field growing P X X X X X X
(commercial)
Bams, 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 anC private stables° P X X X X X X
Roadside stands, for the sale of agricultural
products raised on the premises. The stand P X X X X X X
cannot exceed 300 square feet in area and
Ordinance No. 6560
May 14, 2015
Page 8 of 12
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P= Permitted A=Administrative C =Conditional Use X= Not Permitted
_.. .
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
must meet the applicable setback
requirements
Fish hatcheries C X X X X X X
D. Government, Institutional, and Utiliry 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
Reiigiousinstltutions, lessthan one acrelot A A A A A A A
size
Religious institutions, one acre or larger lot C C C C C C C
size
Transmitting towers C C C C C C C
Type 1-D Wireiess Communication Faciliry P P P P P P P
(see ACC 18.04.912(J))
Utility facilities and substations C' C° G' Cs Gs Gs C'
1.An accessory tlwelling unit may be permitted with an existing single-family residence pursuant to ACG 18.31.120.
2. Please see the supplemental development standards for animals in ACC 18.31.220.
3. Individual uses tFiat make up a mixed-use development musl be pertnitted within the zone. If a use making up part
of a mixed-use development requires an administrative or condidonal use permit, the individual use must apply for
and receiye the administ2tive 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 Counry 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 utiliry facilities addressed under ACC 18.02.040(E).
6.Administra6ve use permit not required when approved as part of a subdivision or binding site plan.
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Ordinance No. 6560
May 14, 2015
Page 9 of 12
7.Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210,Agricultural
enterprises development standards.
(Ord. 6477 § 8, 2013; Ord. 6369 § 2, 2011; Ord. 6363 § 3, 2011; Ord. 6269 § 3,
2009; Ord. 6245 § 5, 2009.)
Section 10 AMENDMENT TO CITY CODE. That Section 18.31.130 of the I
City Code be, and the same is hereby amended to read as follows: '
� 18.31.130 Communal residence standards.
A. Parking Requirements. There must be one off-street parking stall
that_ meets City standards of ACC 18.52.050, 'Parkinq desiqn, develooment, and �
maintenance standards' per reateRenant. The applicant must demonstrate that i
each off-site parkinq space is under their ownership. In condominium or
townhouse communities the aoplicant can also provide leqal documentation that
demonstrates that thev have exclusive use of a common area oarkinq space.
The citv shall A-laad{efd-a�ay-reduce 4he off-street parking requirement if the
propertv aropertv owner qrovides and maintains a notarized ar�affidavit i�signed
separatelv bv each tenant, certifvinq that a tenant does not own a vehicle or have
control of a vehical while at the residence. A coov of the affidavit must be
provided to the Citv upon request.
B. Solid Waste Management Requirements.
� 1. ACC 8.08.070 requires all occupied aai��communal residences to
have minimum garbage service. The landlord is required to provide tenants with
adequate garbage and recycle receptacles meeting the minimum garbage
� service level of this code section.
2. The landlord is responsible to provide each tenant with the solid
� waste collection schedule at the time of the tenanYs initial occupancv and that
schedule is to be posted within the unit.
C. Periodic Inspection Required. Uoon written request, the communal
rental housinq owner or manaqer shall allow insaection of the communal rental
housinq residential units consistent with their abilitv to do so under the
requirements of the landlord-tenant statutes of the state of Washinaton and the
Aubum citv code, includinp section 5.22.040(A)(4) of the citv code. The citv mav
wit_h_,the legallv obtained consent of an occupant or owner or manaqer, or
pursuant to a lawFullv issued warrant. enter anv buildinq, structure or premises in
the citv to insqect or perForm anv dutv imposed bv this cod° ^^ ^^^ ^' ���''�''^^
�.,�.,e..+�.,., ..�,��.,a s... ,..,.., .,i . �•a........ .. .....+ ..s �ti., . .,� '.va ....,�.,i
�i��__'._.. ._ .=.�-.." "' ' "......_.._. .""'..__. � �..... ... ..... .°y........ ..........
I+..��c'.... L. �c c I'n
D. Occupancv limits.
1. International Prbperty Maintenance Code occupancy requirements
are applicable to a communal residence regardless of the number of individuals
� living in the residence.
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Ordinance No. 6560
May 14, 2015
Page 10 of 12
2. The occuqancv limit for a Communal Residence shall not exceed
four (4) people.
€. 1lmerEi�atier�-�edU;�€aci ^^' • °�^'^^^^��••�n�;:
U
n.,,..,.,,ti,.. �� �n�� +„ ti,....,..,e .. ..i'.,..t ,.,�+H iho �o.,� i.,+�., „ +i�.,ea �.. +h;� +�ti„
..,� nrr -r�tio G .,� ;+ .,,..+..•.,� +,. ,. �.,.,i . ;ae..,.e�
F. The fellewinQ eriEerfa�e-re�}u:�ed�-�-.neE f^• ^ ^^'
recirlenne � � fr���� � �..1..1...d 'n`!'�i r! '-.Ic ' ..rlrJ'h'r�n 4r� Fhr� r rorl rr'4or'r+ f.�r
senditienalvdse�r�iE��ader nrrV�Q.an.nnnV�e������T� nr^r^ �Qn�.^��
1. Jldeqda�e Iivir�Q spa��based 'h^ �^.^�^^.�^^^� o.^^e^„
4L.-nn fr.��. � ..I�4er! 'nrl'vir�7� ..l0 7 .. Io.1
2. f� designated�repe#y-��ger '��° ^ ^'��^-�-�-a-��
�e.,e., a�.,� � .,� �� .o„ � �va
�. The r2�lest a., �ti., s,. �� ,a a• •a .,�� ,,v+l}�aet
�--�;m:,�,T
4. The a^,�^��^,�„Qst •���:se �•�"� �^���ed. (Ord. 6477 §
9, 2013; Ord. 6245 § 15, 2009.)
Section 11. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 12. 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 13. 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.
APR 2 0<2015
FIRST READING:
SECOND READING: MAY 1 S 2015
PASSED: I�AY 19 2015
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Ordinance No. 6560
May 14, 2015
Page 11 of 12
APPROVED`. ����
� 5
NAN CKUS, MAYOR
ATTEST:
,c�a��0��
Danielle E. Daskam, City Clerk
APP VED A RM:
iel B. Heid, y Attorney
%iF/-ua�
PUBLISHED:�Gt�-i -2 �, �.eis-�- �`' `�L°�'
—�
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May 14, 2015
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