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ORDINANCE NO. 6 2 5 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
CHAPTER 18.26, OF THE AUBURN CITY CODE
AND CREATING A NEW SECTION 18.04.625 OF
THE AUBURN CITY CODE, RELATING TO ZONING
WHEREAS, by means of Resolution No. 4357 on May 12, 2008, Resolution
No. 4412 on October 28, 2008 and Resolution No. 4472 on April 20, 2009, the
Auburn City Council established and extended a moratorium on the filing of
applications for conditional use permits (CUPs) for property located in the R-2
Single Family District, the R-3 Two-Family (Duplex) Residential District and the C-
1 Light Commercial District within the City of Auburn, including, specifically, CUPs
pursuant to Section 18.14.030 of the Auburn City Code (ACC), paragraphs (C), (F)
and (H); CUPs pursuant to Section 18.16.030 ACC, paragraphs (G) and (J) for the
R-3 District; and CUPs pursuant to Section 18.26.030 ACC, paragraph (A) for the
C-1 District; and
WHEREAS, the City of Auburn Planning and Community Development
Committee has engaged during the moratorium period in a substantive
evaluation of issues and options pertaining to the filing of applications for
conditional use permits (CUPs) for property located in the R-2 Single Family
District, the R-3 Two-Family (Duplex) Residential District and the C-1 Light
Commercial District within the City of Auburn; and
WHEREAS, Section 2(Terms of Moratorium Extension) of Resolution No.
4472 specifies that all or portions of the moratorium shall expire upon the effective
date of an Ordinance revising the provisions for CUPs iri the R-2 Single Family
Ordinance No. 6253
August 13, 2009
Page 1 of 12 '
District, the R-3 Two-Family (Duplex) Residential District and the C-1 Light
Commercial District; and
WHEREAS, the City of Auburn City Council passed Ordinance No. 6245
on June 1, 2009 that addressed the status of CUPs specifically, CUPs pursuant to
Section 18.14.030 of the Auburn City Code (ACC), paragraphs (C), (F) and (H);
CUPs pursuant to Section 18.16.030 ACC, paragraphs (G) and (J) for the R-3
Two-Family (Duptex) Residential District; and
WHEREAS, Ordinance No. 6245 re-designated the R-2 Single Family
District and the R-3 Two-Family (Duplex) Residential District to Residential - 7
Dwelling Units/Acre (R-7) and Residential-10 Dwellings Units/Acre (R-10),
respectively, specified that duplexes were a permitted use in the R-7 and R-10
zoning districts, specified that multiple family dwellings were prohibited in the R-7
zoning district and a conditional use in the R-10 zoning district, and specified that
professional offices were prohibited in the R-7 zoning district and a conditional use
in the R-10 zoning district provided that they were part of a mixed use
development and were not a home occupation; and
WHEREAS, the Auburn City Council's passage of Ordinance No. 6245
reduced the applicability of the moratorium established and extended by means
of Resolution No. 4357 on May 12, 2008, Resolution No. 4412 on October 28,
2008 and Resolution No. 4472 on April 20, 2009 on the filing of applications for
conditional use permits (CUPs) to only property located in the C-1 Light
Commercial District within the City of Auburn, including, specifically, CUPs
pursuant to Section 18.26.030 ACC, paragraph (A) for the C-1 District; and
Ordinance No. 6253
August 13, 2009
Page 2 of 12
WHEREAS, at a regularly scheduled meeting of the City of Auburn
Planning and Community Development Committee on July 13, 2009, the
Committee evaluated potential policy change options to address the processing
of CUPs pursuant to Section 18.26.030 ACC, paragraph (A) for the C-1 District,
and provided input and direction to City staff to initiate the processing of its
preferred option (s); and
WHEREAS, the City of Auburn Public Works Committee reviewed a draft
of Ordinance No. 6253 at its regularly scheduled July 20, 2009 meeting and the
City of Auburn Planning and Community Development Committee reviewed a
draft of Ordinance No. 6253 at its July 27, 2009 regularly scheduled meeting; and
WHEREAS, the City transmitted written notice of its intent to amend ACC
18.04 (Definitions) and 18.26 (C-1 Light Commercial District) and requested
expedited review to the Growth Management Services Division of the
Washington State Office of Community, Trade, and Economic Development
(CTED) - to be known as the Washington State Department of Commerce
effective July 26, 2009 - pursuant to the requirements of RCW 36.70A.106, on
July 21, 2009, and did receive a receipt and acknowledgment letter from CTED
(Material ID # 14654) on July 22, 2009 indicating that the procedural requirement
of RCW 36.70A.106 for state agency notification had been complied with; and
WHEREAS, no comments regarding the proposed amendments have
been received from CTED or other state agencies; and
Ordinance No. 6253
August 13, 2009
Page 3 of 12
WHEREAS, the City issued a Determination of Non-Significance (DNS) on
July 30, 2009 for the proposed amendments to Chapters 18.04 and 18.26 (City
File Reference No. SEP09-0021); and
WHEREAS, the City of Auburn Planning Commission held a duly noticed
public hearing on the proposed amendments on August 4, 2009, and voted to
recommend adoption of the proposed amendments with minor amendments to
Section 18.26.020.LL.2 to the Auburn City Council; and
WHEREAS, the City of Auburn Planning and Community Development
Committee voted at its regularly scheduled meeting on August 10, 2009 to
recommend adoption of Ordinance No. 6253 to the Auburn City Council; and
WHEREAS, the Auburn City Council's adoption of Ordinance No. 6253 will
cause upon the effective date of said Ordinance the immediate expiration of
Resolution Nos. 4357, 4412 and 4472 pertaining to the filing of applications for
conditional use permits (CUPs) for property located C-1 Light Commercial District,
specifically, CUPs pursuant to Section 18.26.030 ACC, paragraph (A) for the C-1
District; and
WHEREAS, the Auburn City Council finds that the proposed amendments
contained herein substantively and positively address the City Council's issues
and concerns that initially led to the passage of Resolution No. 4357 and its
subsequent extensions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 6253
August 13, 2009
Page 4 of 12
Section 1. Amendment to Citv Code. That Chapter 18.26, C-1
Light Commercial District, of the Auburn City Code be and the same hereby is
amended to read as follows:
Chapter 18.26
C-1 LIGHT COMMERCIAL DISTRICT
Sections:
18.26.010 I ntent.
18.26.020 Permitted uses.
18.26.030 Uses requiring permit.
18.26.040 Development standards.
18.26.050 Supplemental development standards.
18.26.010 Intent.
The intent and objective of this classification and its application is to
provide for the location of a grouping of uses which are considered
compatible uses having common or similar perFormance standards in that
they represent types of enterprises involving the rendering of services,
both professional or to the person, or on-premises retail activities. This
zone represents the primary commercial designation for small to moderate
scale commercial activities and should be developed in a manner which is
consistent with and attracts pedestrian-oriented activities. This zone
encourages leisure shopping and provides amenities conducive to
attracting shoppers. (Ord. 4547 § 4(Exh. B), 1992; Ord. 4229 § 2, 1987.)
18.26.020 Permitted uses.
Hereafter all buildings, structures or parcels of land shall only be
used for the following, unless otherwise provided for in this title:
A. Art, music and photography studios;
B. Automobile parking facilities;
C. Bakery and pastry shops, products made must be sold at
retail on premises;
D. Banking and related financial institutions, excluding drive-in
facilities;
E. Bowling alleys;
F. Caretaker apartment;
G. Civic, social and fraternal clubs;
H. Daycare, including home-based, mini daycare, daycare
center, preschools or nursery schools;
1. Delicatessens;
J. Dry cleaning and laundry services;
K. Funeral homes;
L. Grocery stores;
Ordinance No. 6253
August 13, 2009
Page 5 of 12
M. Hobby shops;
N. Hospitals, to include small animal, but does not allow outside
runs or kennels;
0. Hotels;
P. Laundry, self service;
Q. Liquor store;
R. Massage parlors;
S. Meeting rooms and/or reception facilities;
T. Motels;
U. Newsstands;
V. News syndicate services;
W. Nursing home;
X. Personal service shops;
Y. Pharmacies;
Z. Printing and publishing;
AA. Professional offices;
BB. Radio and television broadcasting studios;
CC. Retail stores and shops, including department and variety
stores which offer for sale the following, and similar related goods:
1. Antiques,
2. Art supplies,
3. Automobile parts and accessories, excluding service and
machine shops,
4. Baked goods,
5. Beverages,
6. Bicycles,
7. Books and magazines,
8. Candy, nuts, and confectionery,
9. Clothing,
10. Computers,
11. Dairy products,
12. Dry goods,
13. Flowers and house plants,
14. Fruits and vegetables,
15. Furniture and home furnishings,
16. Hardware, including electrical, heating, plumbing, glass,
paint, wallpaper and related goods,
17. Home garden supplies,
18. Household appliances,
19. Household pets,
20. Housewares,
21. Jewelry and clocks,
22. Meat, fish and poultry, preprocessed,
23. Notions,
24. Office supplies and equipment,
Ordinance No. 6253
August 13, 2009
Page 6 of 12
25. Photographic equipment, including finishing,
26. Radio, television, and stereos,
27. Shoes,
28. Sporting goods,
29. Stationery,
30. Toys;
DD. Religious institutions;
EE. Restaurant, including outdoor seating, but excluding drive-in
facilities. Sale of alcoholic beverages is a secondary use and is limited to
on-premises consumption;
FF. Schools, including art, business, barber, beauty, dancing,
martial arts and music;
GG. Secretarial services;
HH. Theaters, except drive-in;
II. Other uses may be permitted by the planning director if the
use is determined to be consistent with the intent of the zone and is of the
same general character of the uses permitted in this section;
JJ. Apartments, within the North Auburn Business Area as
established by Resolution 2283, provided they are located in a multistory
building and at least 50 percent of the gross floor area of the ground floor
must contain a permitted use or combination of uses, other than parking,
as listed in this section. The remaining 50 percent (or portion thereofl of
the ground floor may be apartments, conditionally permitted uses, lobby
area, recreation, or other uses needed to maintain the building. There are
no minimum lot area per dwelling unit density calculations to apply to
determine the maximum number of dwelling units allowed; rather, density
shall be limited by the application of other required development
regulations to the proposal including, but not limited to, off-street parking,
setbacks, and landscaping.-i
KK. Mixed Use Development provided that each use is a
permitted or conditional use within the zone;
LL. Multiple family dwellings as part of a mixed use development
provided that compliance to all of the following is demonstrated:
1. Multiple family dwellinqs shall only occur concurrent with or
subsequent to the development and construction of non-residential
components of the mixed use development: and
2. Applications for mixed use development inclusive of multiple
familv residential dwellinqs shall include transqortation and traffic analyses
appropriate to the tvpe and scale of the proposed development based on
the concurrent determination of the Planning Director and City Engineer.
The Planninq Director and City Engineer may require the anal siy s to
address, includinq but not limited to, AM or PM traffic impacts; and/or area
circulation planninq for motorized and non-motorized modes of travel and
connectivitv; and/or Transportation Demand Manaqement (TDM)
strategies; and,
Ordinance No. 6253
August 13, 2009
Page 7 of 12
3. Applications for the mixed use development inclusive of
multi-familv residential dwellinqs shall include written and plan information
demonstratinq compliance to applicable design standards for mixed use
development contained in the City of Auburn Multi-Family and Mixed Use
Desiqn Standards; and,
4. Applications for the mixed use development inclusive of
multi-familv residential dwellings shall comply, as applicable with the
neiqhborhood review meetinq requirements of ACC 18.02.130
(Neiahborhood Review Meeting).
5. Mixed use development comprised of a maximum of one
buildinq on a development site shall have the entire ground floor
comprised of one or more commercial retail entertainment or office uses
that are permitted outriqht or conditionally provided that uses normal and
incidental to the buildinq, includinq but not limited to interior entrance
areas, elevators and associated waitinq areas mechanical rooms and
qarbaqe/recvclinq areas, may be allowed on the qround floor, except that
non-street frontaqe vehicle qaraqes located on the qround floor toqether
with all other normal and incidental uses shalf occupy a maximum of 50
percent of the qround floor space.
6. Mixed use development that is qeographicallv distributed on
a development site amonqst two or more buildinqs shall have a minimum
of fiftv (50) percent of the cumulative building qround floor square footaqe
comprised of one or more commercial retail entertainment or office uses
that are permitted outriqht or conditionallv. (Ord. 5666 § 1, 2002; Ord.
4547 § 4(Exh. B), 1992; Ord. 4229 § 2, 1987.)
18.26.030 Uses requiring permit.
The following uses may be permitted when a conditional use permit
has been issued pursuant to the provisions of Chapter 18.64 ACC:
A. ~p ~r»rFmor~+~• r~r~~ii~h~ 1,v~nn $q iv~~..roFarc fee rccc ~ v ~~f Iv~t ~rrr a~Crr'v~°'cr ~ ~z-v---rrreaT.7
B-Arcades;
SB. Automobile sales and leasing, new and/or used, including
light pick-up trucks and vans but not including recreational vehicles or
heavy trucks, provided the following requirements are met:
1. The business shall be located on a major arterial as defined
by the city traffic plan;
2. No repairing, painting or body work shall be conducted
outside of a building;
3. If adjacent to an R zone, a sight-obscuring fence or
landscape screen shall be required;
4. A minimum of a 25-foot setback shall be required of any
building from any R zone;
Ordinance No. 6253
August 13, 2009
Page 8 of 12
5. Other landscaping or architectural improvements may be
required to ensure compatibility with present and potential C-1 uses in the
vicinity;
~ DC. Automobile service stations, provided they are located at the
intersection of two streets, one of which.must be an arterial;
€D. Dance halls;
F- E. Drive-in facilities, including banks and restaurants;
GF. Government facilities, excluding offices and related uses that
are permitted outright;
#G. Brew pubs;
IH. Utility substations;
41. Household goods storage, provided the following
requirements are met:
1. No more than two main entrances and/or exits to the building
and access to the individual storage areas be from the inside of the
building;
2. Landscaping and architectural improvements required to
ensure compatibility with present and potential C-1 uses in the vicinity.
(Ord. 5383 § 1, 2000; Ord. 4547 § 4(Exh. B), 1992; Ord. 4265 § 1, 1988;
Ord. 4229 § 2, 1987.)
18.26.040 Development standards.
A. Minimum lot area: none required.
B. Minimum lot width: none required.
C. Minimum lot depth: none required.
D. Maximum lot coverage: none required.
E. Maximum building height: 45 feet. Buildings within the
Auburn North Business Area, as established by Resolution 2283, may
exceed 45 feet if one additional foot of setback is provided from each
property line for each foot the building exceeds 45 feet in height.
F. Minimum yard setbacks:
1. Front: 20 feet.
2. Side, interior: none required.
3. Side, street: 15 feet.
4. Rear: none required.
G. Fences and hedges: see Chapter 18.48 ACC. H. Parking: see Chapter 18.52 ACC.
1. Landscaping: see Chapter 18.50 ACC.
J. Signs: see Chapter 18.56 ACC. (Ord. 5666 § 2, 2002; Ord.
4547 § 4(Exh. B), 1992; Ord. 4265 § 1, 1988; Ord. 4229 § 2, 1987.)
18.26.050 Supplemental development standards.
A. All uses shall be conducted entirely within a building or
structure except:
1. Automobile parking lots;
Ordinance No. 6253
August 13, 2009
Page 9 of 12
2. Automobile sales and leasing;
3. Display or sales of goods that do not extend eight feet past
the front of the building, do not block entrances or interfere with pedestrian
travel, do not interFere with the parking areas and do not encroach upon
public property;
4. Outdoor seating for restaurants, theaters or other
entertainment;
5. Temporary uses as permitted by the hearing examiner,
building official, planning director or city engineer pursuant to applicable
ordinances;
6. Unloading and loading areas;
7. Utility substations;
8. Refuse containers;
9. Play areas for daycares.
B. Any repairing done on the premises shall be incidental only,
and limited to custom repairing of the types of inerchandise sold on the
premises at retail. The floor area devoted to such repairing shall not
exceed 30 percent of the total floor area occupied by the particular
enterprises, except that the limitations of this subsection shall not apply to
shoe, radio, television or other small appliance repair services.
C. Storage shall be limited to accessory storage of commodities
sold at retail on the premises or materials used in the limited fabrication of
commodities sold at retail on the premises. No outside storage is
permitted.
D. Operations conducted on the premises shall not be
objectionable beyond the property boundary lines by reason of noise,
odor, fumes, gases, smoke, vibration, hazard or other causes.
E. No on-site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be permitted,
unless clearly incidental and secondary to a permitted use. On-site
hazardous waste treatment and storage facilities shall be subject to the
state siting criteria (Chapter 70.105 RCW). (Ord. 4547 § 4(Exh. B), 1992;
Ord. 4294 § 3, 1988; Ord. 4229 § 2, 1987.)
Section 2. New Section to Citv Code. That a new Section
18.04.625 - Mixed Use Development (Definitions) of the Auburn City Code be
and the same hereby is created to read as follows:
18.04.625 Mixed-Use Development.
"Mixed-Use Development" means a single unified development that
incorporates the planned integration of two or more different land uses
consisting of some combination of office, light industrial, hotel, retail,
entertainment, public uses, and residential uses. Mixed-use development
Ordinance No. 6253
August 13, 2009
Page 10 of 12
may be vertically oriented in one or more buildings, or geographically
distributed on a development site. When geographically distributed, the
different uses may be constructed concurrently or in separate phases, and
should incorporate common and/or complimentary features and/or
elements such as pedestrian walkways, access driveways, parking areas,
architectural themes, or other techniques that provide integration between
uses on the site.
Section 3. Termination of Moratorium. The moratorium initially
established by Resolution 4357 and amended and extended by Resolution No.
4412 and Resolution No. 4472 is hereby terminated.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. Severabilitv. 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 6. 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: AUG 17 2009
PASSED: AUG 17 2009
APPROVED: AUG 17 2009
CIT A
`_'-~y -
PETER B. LEWIS
MAYOR
Ordinance No. 6253
August 13, 2009
Page 11 of 12
ATTEST:
I r9
Danielle E. Daskam, City Clerk
APP VED S TO FORM'
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6253
August 13, 2009
Page 12 of 12