HomeMy WebLinkAboutITEM V-B
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Agenda Subject Date:
Title 18 (Zoning) of the Auburn City Code - Amendments to Chapter September 4, 2009
18.46 Tem orar Uses
Department: Planning, Building Attachments: Refer to Exhibit List Budget Impact: N/A
and Community on Page 2 of 9
Administrative Recommendation: 1) Conduct Public Hearing; 2) Planning Commission recommends
to City Council approval of amendments to Chapter 18.46 (Temporary Uses)
Background Summary:
Chapter 18.46 (Temporary Uses) of the Auburn City Code contains regulations and standards for the
allowance and processing of temporary use permits throughout the City of Auburn. The Auburn City
Council has previously passed ordinances establishing and amending Chapter 18.46 (Temporary Uses)
inclusive of Ordinance No. 4229 in 1987, Ordinance No. 5733 in 2003, Ordinance No. 6014 in 2006 and
Ordinance No. 6185 in 2008.
The Auburn Planning, Building and Community Department has previously received public input on the
lack of clarity and vagueness in the current reguiations and standards of Chapter 18.46. The Planning
and Community Development Committee of the Auburn City Council has previously requested the
Planning Commission and staff to prepare substantive amendments to Chapter 18.46 (Temporary Uses),
conduct the required public hearing (s) on these amendments and forward the Commission's
recommendation to the Auburn City Council for potential ordinance action.
Planning, Building and Community Department staff met in a duly advertised meeting with the City of
Auburn Planning and Community Development Committee and the Planning Commission on August 4,
2009 to discuss issues and ideas for possible amendments to Chapter 18.46. Planning staff have
researched other jurisdictions, analyzed policy options and incorporated, where appropriate, the
Committee's and the Commission's input, in the development of the proposed amendments for Chapter
18.46.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Services ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ~ Planning
[I Park Board ❑ Public Works 0 Legal ❑ Police
❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources
Action•
Committee Approval: E]Yes ❑No
Council Approval: E]Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Staff: Andersen/Sn der
Meetin Date: Se tember 9, 2009 Item Number: V.B
Page 1 of 9
AI.1B~.T~~.N~ * MO~.E ~r~N YOu IMAGI~aEn
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments to Chapter 18.46 (Temporary Uses)
09/04/2008
A. EXHIBIT LIST:
Exhibit 1: Staff Report
Exhibit 2: Proposed Amendments to Chapter 18.46 (Temporary Uses)
Exhibit 3: Request to Publish Notice of Public Hearing
Exhibit 4: Affidavit of Publication for Notice of Public Hearing
Exhibit 5: August 28, 2009 Posting of Notice of Public Hearing
Exhibit 6: September 4, 2009 Revised Posting of Notice of Public Hearing
Exhibit 7: September 4, 2009 Expedited Review Submittal Request to the Washington
State Department of Commerce - Growth Management Services
B. RESPONSIBLE DEPARTMENT:
City of Auburn Planning, Building and Community Department, Cindy Baker, AICP, Director
C. RESPONSIBLE STAFF:
1. Chris Andersen, Senior Planner, City of Auburn Planning, Building and Community
Department
2. Kevin Snyder, AICP, Assistant Director, City of Auburn Planning, Building and
Community Department
D. AREA OF IMPACT:
Citywide
E. PLANNING COMMISSION PUBLIC HEARING DATE:
September 9, 2009
F. CITY COUNCIL ORDINANCE CONSIDERATION DATE:
October 5, 2009
G. FINDINGS OF FACT:
1. The City of Auburn is a Mayor/Council form of government subject to the provisions of
RCW 35A (Optional Municipal Code) and more specifically is classified as a non-charter
code city.
2. The City of Auburn conducts land use planning in accordance with applicable provisions
of RCW 36.70A (Growth Management - Planning by Selected Counties and Cities).
3. Vision 2040 and Multi-County Planning Policies - Puget Sound Regional Council (PSRC)
Vision 2040 is an update of Vision 2020, the long-range growth, economic, and
transportation strategy for the 4-county central Puget Sound region. The Auburn City
Council recognized Vision 2020 in 2007 with the adoption of the 2007 Comprehensive
Plan Update. The new Vision 2040 update establishes a regional vision for the desired
pattern of population and job growth through 2040 within the four counties. Vision 2040
Page 2 of 9
AUBURN` * MOKE T~~ YOU IMAGINED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments to Chapter 18.46 (Temporary Uses)
09/04/2009
also contains new and amended Multi-County Planning Policies (MPPs) that provide a
framework and guidance for other regional plans, for Countywide Planning Policies, and
for local comprehensive plans. MPPs also guide PSRC programmatic decisions, such as
plan certification and project evaluation for funding. MPPs address a number of topic
areas, with policy chapters covering the environment, development patterns, housing,
economic development, transportation, and public services.
4. The City of Auburn has through previous ordinance action (Ord. 6198 § 1, 2008; Ord.
6006 § 5, 2006; Ord. 4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987 and
amended Chapter 18.6824 (Amendments) pertaining to required processes and
procedures for the amendment of the text or map of Title 18 (Zoning) of the Auburn City
Code (ACC).
5. ACC 14.03.060 (Legislative Non-Project Decisions) specifies that legislative non-project
decisions made by the City Council under its authority to establish policies and
regulations are not classified as a"type" of project permit decision. Legislative non-
project decisions include, but are not limited to, the following legislative actions:
a. Amendments to the text and map of the comprehensive plan or development
regulations.
b. Amendments to the zoning map (rezones) on a city-wide or area-wide basis.
6. ACC 18.68.020 (Initiation of Amendments) specifies the following
A. Zoning Map.
1. One or more property owners of the parcel may submit an application requesting
a reclassification of the parcel;
2. The City Council, or Planning and Community Development Committee of the
City Council, upon its own motion may request the Planning Commission or ~
Hearing Examiner to conduct a public hearing on the reclassification of a parcel
or parcels of property;
3. The Planning Commission may upon its own motion call for a public hearing on
the reclassification of a parcel or parcels of property.
B. Text.
1. The City Council, or Planning and Community Development Committee of the
City Council, upon its own motion may request the Planning Commission to
conduct a public hearing to amend any portion or all of this title; provided, that
text amendments that are purely administrative or procedural do not require a
public hearing, nor do they require preliminary review or recommendations of the
Planning Commission;
2. The Planning Commission may upon its own motion call for a public hearing to
amend any portion or all of this title, with the exception of purely administrative or
procedural amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be distinguished
from procedural or administrative amendments in accordance with the following:
"Substantive" matters relate to regulations that define or limit what can be done in
terms of conduct, use or action (e.g., what use may be made of land, what
requirements apply to development, what public infrastructure may be required of
certain developments), and "procedural" or "administrative" matters are those that
Page 3 of 9
A.UBURN ~ ~~~E THAN YOv IMAGINED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments to Chapter 18.46 (Temporary Uses)
09/04/2009
relate to the process of how an application to take such action must be pursued (e.g.,
time limits for applications and appeals, what forms must be used, and where or how
applications must be submitted. Essentially, "procedural" or "administrative" matters
are the mechanical rules by which substantive issues may be pursued).
7. ACC 18.68.030 (Public Hearing Process) specifies the following:
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on
all amendments to this title. The planning commission shall make a recommendation
to the city council that may or may not conduct a public hearing.
B. Zoning Map Amendments.
1. Rezones Initiated by an Applicant Other Than City. All applications for a rezone
shall be reviewed by the planning director prior to the scheduling of a public
hearing. After review of the application, the director shall determine which of the
following two processes should occur to properly hear the rezone:
a. If the rezone is consistent with the comprehensive plan, then the hearing
examiner shall conduct a public hearing on the rezone and make a
recommendation to the city council pursuant to ACC 18.66.170;
b. If the rezone is in conflict with the comprehensive plan, or there are no
policies that relate to the rezone, or the policies are not complete, then a
comprehensive plan amendment must be approved by the city council prior to
the rezone being scheduled for a public hearing in front of the hearing
examiner. The planning commission shall conduct a public hearing on the
comprehensive plan amendment and make a recommendation to the city
council.
2. Area-wide Zoning and Rezoning, Initiated by the City. The planning commission
shall conduct a public hearing and make a recommendation to the city council. If
applicable, a comprehensive plan amendment may also be processed.
C. City Council Decision. The city council may affirm, modify or disaffirm any
recommendation of the planning commission or hearing examiner with regard to
amendments of the text or map of this title.
8. ACC 18.68.040 (Public Hearing Notice Requirements) specifies the following:
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under
ACC 18.68.030(A), notice of a public hearing shall be given by publication, in a
newspaper of general circulation in the area, at least 10 days prior to the public
hearing and by posting the notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a
newspaper of general circulation in the area, prior to the public hearing and by
posting the notice in three general public locations.
B. Zoning Map Amendments.
1. Rezones Initiated by an Applicant Other Than City.
a. Hearing Examiner. Notice of a public hearing shall be given at least 10 days
prior to the public hearing and in accordance with ACC 14.07.040.
2. Rezones, Including Area-wide Zoning, Initiated by the City.
a. Planning Commission. As a minimum, notice of public hearing shall be given
by publication, in a newspaper of general circulation in the area, at least 10
days prior to the public hearing. Additional mailing or posting of notices may,
at the option of the planning commission, be required.
Page 4 of 9
AtTBURN *M0RE THAN YOu LMAGINEa
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments to Chapter 18.46 (Temporary Uses)
09/04/2009
b. City Council. As a minimum, notice of public hearing shall be given by
publication, in a newspaper of general circulation in the area, prior to the
public hearing. Additional mailing or posting of the notices may, at the option
of the city council, be required.
9. Goal 11 (Citizen Participation and Coordination) of the Growth Management Act as
specified in RCW 36.70A.020 encourages the involvement of citizens in the planning
process and ensure coordination between communities and jurisdictions to reconcile
conflicts.
10. RCW 36.70A.035.2.a specifies that except as otherwise provided in (b) of the statute, if
the legislative body for a county or city chooses to consider a change to an amendment
to a comprehensive plan or development regulation, and the change is proposed after
the opportunity for review and comment has passed under the county's or city's
procedures, an opportunity for review and comment on the proposed change shall be
provided before the local legislative body votes on the proposed change.
11. The Auburn City Council has previously passed ordinances establishing and amending
Chapter 18.46 (Temporary Uses) inclusive of Ordinance No. 4229 in 1987, Ordinance
No. 5733 in 2003, Ordinance No. 6014 in 2006 and Ordinance No. 6185 in 2008.
12. The Planning and Community Development Committee of the Auburn City Council and
the Planning Commission met in a duly advertised joint meeting on August 4, 2009 to
discuss ideas and issues for potential amendments to Chapter 18.46 (Temporary Uses).
At this meeting, the Committee and the Commission provided staff with input on policy
options.
13. The amendments to Chapter 18.46 (Temporary Uses) addressed by this agenda bill are
scheduled for public hearing on September 9, 2009 before the Auburn Planning
Commission. The Commission will receive public testimony on the proposed
amendments to Chapter 18.46 (Temporary Uses) before deliberating and forwarding a
recommendation to the Auburn City Council
14. The public hearing notice for the September 9, 2009 Planning Commission public
hearing was published on August 29, 2009 in the Seattle Times that is at least 10-days
prior to the Planning Commission public hearing scheduled for September 9, 2009.
15. A Determination of Non-Significance will be issued, published and transmitted to
reviewing agencies and interested parties in the Seattle Times for the City initiated
Comprehensive Plan Amendments on September 9, 2009 under city file SEP09-0028.
The comment period ends on September 23, 2009 at 5:00 p.m.
16. Pursuant to RCW 36.70A.106, the proposed amendments to Chapter 18.46 (Temporary
Uses) outlined in this agenda bill and specified in detail in Exhibit "2" were sent to the
Growth Management Services Division of the Washington Department of Commerce on
September 4, 2009 for a 10-day expedited review request. The City of Auburn requested
expedited review in accordance with RCW 36.70A.106.3.b.
17. The City of Auburn has previously engaged in substantive planning, environmental
analysis and policy analysis that have created a substantive policy background for
Page 5 of 9
AVBURN * M~~~ ~AN YOu ~~~INED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments to Chapter 18.46 (Temporary Uses)
09/04/2009
current consideration of potential amendments to Title 18 (Zoning) as specified herein.
These include:
a. Passage of Ordinance No. 6245 on June 1, 2009 updating certain chapters and
sections of Title 18 (Zoning) of the Auburn City Code.
b. City of Auburn - Final Determination of Non-Significance - Title 18 (Zoning)
Amendments, May 15 2009
c. City of Auburn Comprehensive Plan: Last Revised on December 2008; Amended to
Comply with the Growth Management Act in April 1995 and Amended Annually
Subsequently.
d. City of Auburn. Final Determination of Non-Significance-2007 Comprehensive
Plan amendments. August 2007.
e. City of Auburn. Final Determination of Non-Significance - 2006 Comprehensive
Plan amendments. August 2006.
f. City of Auburn. Final Determination of Non-Significance - 2005 Comprehensive
Plan amendments. September 2005.
g. City of Auburn. Final Determination of Non-Significance - 2004 Comprehensive Plan
amendments. September 2004.
h. City of Auburn. Final Determination of Non-Significance - 2003 Comprehensive Plan
amendments. October 2003.
i. City of Auburn. Final Determination of Non-Significance - 2002 Comprehensive Plan
amendments. October 2002.
j. City of Auburn. Final Determination of Non-Significance - 2001 Comprehensive Plan
amendments. October 2001.
k. City of Auburn - Auburn Downtown Plan/Final EIS. April 2001.
1. City of Auburn - Final Determination of Non-Significance - 2000 Comprehensive Plan
amendments. October 2000.
m. City of Auburn - Final Determination of Non-Significance - 1999 Comprehensive Plan
amendments. September 1999.
n. City of Auburn - Final Determination of Non-Significance - 1998 Comprehensive Plan
amendments. November 1998.
o. City of Auburn - Addendum to the Final Determination of Non-Significance - 1997
Comprehensive Plan amendments. November 1997.
p. City of Auburn - Addendum to the Final Determination of Non-Significance - 1996
Comprehensive Plan Amendments. November 1996.
q. City of Auburn - Addendum to the Final Determination of Non-Significance -
Comprehensive Plan Amendments to Comply with the Central Puget Sound Growth
Management Hearings Board Decision. October 1996.
r. City of Auburn - Addendum to the Final Determination of Non-Significance - 1995
Comprehensive Plan Amendments. November 1995.
s. City of Auburn - Final Determination of Non-Significance - Comprehensive Plan
Amendments to Comply with the Washington State Growth Management Act.
October 1994.
t. City of Auburn - Final Environmental Impact Statement - City of Auburn
Comprehensive Plan: Staff Draft and Recommendations. May 1986.
u. City of Auburn.-Final Determination of Non-Significance - Downtown Design Study.
April 1990.
v. City of Auburn - Final Determination of Non-Significance - Comprehensive Plan
Amendments on City Expansion and Urban Growth. July 1991.
Page 6 of 9
AUBtTRN * MO~ THAra IMAGINED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments to Chapter 18.46 (Temporary Uses)
09/04/2009
w. City of Auburn - Final Environmental Impact Statement: Auburn North CBD Analysis.
November 1991.
x. City of Auburn -Final Determination of Non-Significance - Comprehensive Plan
Amendments on Sensitive and Critical Lands. January 1992.
y. King County Parks, Planning and Resources Department - Final Environmental
Impact Statement: Soos Creek Community Plan Update. December 1991.
z. King County Parks, Planning and Resources Department - Final Supplemental
Environmental Impact Statement: Countywide Planning Policies Proposed
Amendments. May 1994.
aa. King County Parks, Planning and Resources Department - Supplemental
Environmental Impact Statement: King County Comprehensive Plan. July 1994.
bb. Pierce County, Department of Planning and Land Services - Proposed Lakeland Hills
South Mining and Reclamation Plan and Planned Community Development: Final
Environmental Impact Statement. July 21, 1992.
cc. Pierce County, Department of Planning and Land Services - Comprehensive Plan for
Pierce County, Washington: Final EIS. September 20, 1993.
dd. Pierce County, Department of Planning and Land Services - Final Supplemental EIS
for the Comprehensive Plan for Pierce County, Washington. June 1994.
ee. Puget Sound Council of Governments - Final Environmental Impact Statement -
Vision 2020: Growth Strategy and Transportation Plan for the Central Puget Sound
Region. September 1990.
19. Title 12 (Streets, Sidewalks and Public Works) and specifically, Chapter 12.60 (Right-of-
Way Use Permits) contains regulations and standards for the use of public rights-of-way
in the City of Auburn. Temporary uses within the public rights-of-way will be separately
regulated pursuant to applicable provisions of Title 12.
H. CONCLUSIONS
General Conclusions:
1. The amendments proposed for Title 18 (Zoning) are substantive in nature and would
apply to real properties throughout the City of Auburn, as applicable.
2. The proposed amendments to Chapter 18.46 (Temporary Uses) of the Auburn City Code
are intended to create temporary clear and objective regulations pertaining to additional
and increased opportunities for the use and siting of temporary and portable signs
subject to conditions, including but not limited to time, size, location and placement.
These proposed regulations are intended to support local businesses in the City and the
City's overall economy by providing expanded opportunities to advertise merchandise
and/or services to stimulate local business activities.
3. The proposed amendments to Chapter 18.46 (Temporary Uses) do not require any
changes to the City's current critical area regulations contained in ACC 16.10 (Critical
Areas). Any future development subject to the proposed amendments to Chapter 18.46
(Temporary Uses) will still be required to demonstrate compliance to applicable
standards and regulation specified in ACC 16.10.
4. The proposed amendments to Chapter 18.46 (Temporary Uses) will support current and
future land and shoreline uses that are consistent with the City's current Comprehensive
Plan and current Shoreline Master Program. Staff has not proposed substantive or non-
Page 7 of 9
AUBtTRN * MOPLE THAN YOU IMAGIN'ED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments to Chapter 18.46 (Temporary Uses)
09/04/2009
substantive amendments to Chapter 18.46 (Temporary Uses) that would be deemed
inconsistent with the City's adopted plans and policies.
5. The proposed amendments to Chapter 18.46 (Temporary Uses) will not necessitate any
amendments to the City of Auburn Comprehensive Plan.
Specific Conclusions:
6. The proposed amendments to Chapter 18.46 (Temporary Uses) satisfy the requirements
of Goal 11 (Citizen Participation and Coordination) of the Growth Management Act as
specified in RCW 36.70A.020 because of the substantive public involvement efforts
initiated for these amendments. These efforts include:
a. The Planning and Community Development Committee of the Auburn City Council
and the Planning Commission met in a duly advertised joint meeting on August 4,
2009 to discuss ideas and issues for potential amendments to Chapter 18.46
(Temporary Uses)
b. The public hearing notice for the September 9, 2009 Planning Commission public
hearing was published on August 29, 2009 in the Seattle Times that is at least 10-
days prior to the Planning Commission public hearing scheduled for September 9,
2009.
c. The Auburn Planning Commission will conduct a duly advertised public hearing on
September 9, 2009 in the City Council Chambers, Auburn City Hall, 25 West Main
Street, Auburn, WA 98001 to receive public testimony on the proposed amendments
to Chapter 18.46 (Temporary Uses) before deliberating and forwarding a
recommendation to the Auburn City Council.
d. A Determination of Non-Significance will be issued, published and transmitted to
reviewing agencies and interested parties for the proposed amendments to Chapter
18.46 (Temporary Uses) on August 25, 2009 under city file SEP09-0028.The
comment period ends on September 23, 2009 at 5:00 p.m.
7. The proposed amendments to Chapter 18.46 (Temporary Uses) have been processed in
accordance with ACC 18.68.020.13. The Planning and Community Development
Committee of the Auburn City Council has previously requested the Planning
Commission and staff to prepare substantive amendments to Chapter 18.46 (Temporary
Uses), conduct the required public hearing (s) on these amendments and forward the
Commission's recommendation to the Auburn City Council for potential ordinance action.
8. The proposed amendments to Chapter 18.46 (Temporary Uses) are substantive in
nature in accordance with ACC 18.68.020.C in that they pertain to regulations that define
or limit what can be done in terms of conduct, use or action for the use and development
of certain real property in the City of Auburn.
9. The proposed amendments to Chapter 18.46 (Temporary Uses) have been processed
in accordance with ACC 18.68.030 (Public Hearing Process). The Planning Commission
is scheduled to hold a minimum of one public hearing on September 9, 2009. The
Auburn City Council is currently scheduled to consider an ordinance for the proposed
amendments to Chapter 18.46 (Temporary Uses) on October 5, 2009.
10. The proposed amendments to Chapter 18.46 (Temporary Uses) have been processed in
accordance with ACC 18.68.040.A.1 and ACC 18.68.040.6.2. A public hearing notice
was published on August 29, 2009 in the Seattle Times.
Page 8 of 9
AUBCTRN *n~~~E T~~ YOv IMAGINED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments to Chapter 18.46 (Temporary Uses)
09/04/2009
11. In formulating its recommendation, the Commission shall consider, among other things,
the relationship between the proposed ordinance or amendment and the comprehensive
plan, other applicable city policies, and other existing land use controls. The following
conclusions address this requirement:
The City of Auburn has previously engaged in substantive policy-making to establish
regulations and standards for the allowance and processing of temporary uses of land.
Temporary, use authorization serves a relevant public purpose by recognizing and
allowing for temporary uses of land to address immediate and short-term land use needs
of individuals or businesses or organizations. Because temporary use authorization is
intended to facilitate limited short-term uses of land and the impacts of such
authorization can be mitigated through conditions of approval, there are no substantive
long-term impacts to surrounding and adjacent land uses.
Current Chapter 18.46 provides limited direction on the type and nature of temporary
uses that are regulated and create substantive procedural effort by requiring a public
hearing process for the majority of temporary use permits. The proposed amendments
are intended to clarify the nature and types of temporary uses and provide direction on
the processing, timeframes and limitations for the issuance of temporary use permits. In
addition, the proposed amendments to Chapter 18.46 will establish a two-tiered
administrative review process that will specify a ministerial review process with limited
public noticing for certain types of temporary use permits and an administrative review
process with substantive public noticing for other types of temporary use permits. This
change in the processing nature will promote procedural efficiency while retaining an
appropriate level of public participation.
Overall Conclusions: '
The proposed amendments to Chapter 18.46 (Temporary Uses) as presented in Exhibit
"2" are substantive amendments that are in compliance with the City of Auburn
Comprehensive Plan, as applicable, and are an appropriate use of the City's regulatory
authority to address land use controls and allowances in the City. The amendments are
intended to address an identified policy issue that being the need for increased clarity in
current regulations and a process adjustment to facilitate timely and cost efficient land
uses reviews for non-permanent uses of land. The proposed amendments have been
processed in accordance with the City's specified procedures for the processing of text
amendments to the City's zoning regulations inclusive of the opportunity for the submittal
of written or verbal public testimony.
1. RECOMMENDATION
Staff recommends the Planning Commission recommend approval of the proposed
amendments to Chapter 18.4 6(Temporary Uses) to the Auburn City Council.
Page9of9
AUBUR:.N * MOKE THAN YOu IMaGINED
~~lBiT.~,.
1 Chapter 18.46
2
3 TEMPORARY USES
4
S Sections:
6 18.46.010 Intent.
7 18.46.020 Permit Approvai Required.
8 18.46.030 Application and Review for Temporary Use Permits.
9 18.46.040 Appeals of Decisions.
10 18.46.050 Exemptions.
11 18.46.060 Coordination with Other Citv Codes.
12 18.46.070 General and Specific Temporary Use Permits.
13 18.46.080 Approval Criteria.
14 18.46.090 Performance Standards.
15 18.46.100 Time Limitations.
16 18.46.110 Limitation on Activitv. 17 18.46.120 Permit Revocation.
18 18.46.130 Removal of Temporary Uses.
19 18.46.140 Assurance Device. ~
20
21 18.46.010 Intent.
o~~~~
o
22 A. It is the intent of this cha ter to r~ dministrati4,p: roval rocess whereb the cit
23 ma ermit uses to locate within the o~i"~tn:"anterim basis without re uirin full com liance
24 with the develoqment standards for t4' applicWezoning d"istrict, or bv which the city may
25 allow seasonal or transient uses not othekwise~6
26 B. It is not the intent af this cha ter to rovi S means to circumvent the strict a lication of
27 the ermitted ues' 6s establish elsewh 'n this title for the cit 's zonin districts. Time
28 limits are to be, Itrictly enforc6ct; unless ofib,rwise modified bv the planning director or
29 desiqnee.
30 C. This chd Of,`, Rsses'db~ those tem ora Wuses located on ublic or rivate ro ert
31 outgOjtifi ubli tss of wa:. Uses located in ublic ri hts of wa shall be in accordance
32 wi~itle 12 ACC. ~H~
33
34 18.46A2W Permit apprc~val requd.
35
~
36 A. No tem use shall bermitted within the cit exce t in accordance with the rovisions
37 of this cha A teM6&ary use permit is required for temporary uses except those
38 specificallv exem~it~d rsuant to Section 18.46.050 of this chapter.
im
39 ~
40 B. There shall be two types of temporary use permits identified as a Type I temporary use
41 permit and a Type II temporary use permit.
42
43 C. A property owner or an authorized representative of the propertv owner or a person,
44 business or orqanization desirinq to use a propertv for a use consistent with this chapter
45 may applv for a temporary use permit. An applicant for a temporary use permi# shall provide
46 written evidence of property owner authorization to use the property for the intended
47 temporarv use.
48
I Chapter 18.46 (Temporarv Uses) Text Arnendments 1 09-02-09
Version 1
1 D. The planninq director or desiqnee may approve permits for temporary uses and structures,
2 with conditions to mitiqate negative impacts.
3
4 E. The pianninq director or desiqnee mav authorize a temporary use permit for a use not
5 specifically listed in the currentlv adopted use regulations, provided that it is compatible with
6 the pureose and intent of applicable chapters and sections of Title 18 (Zoning), and the
7 snecific zonina district in which it will be located.
8
9 F. The planning director or designee mav reauire other reviews or permits includinq but not
10 limited to environmental review as a prerequisite to issuance of a temporarv use permit or as
11 a condition of approval for a temporary use permit.
12
13 18.46.030 Application and review for temporary use permits~-.-
14 15 A. Temporary use permit applications shall be processedas either aTyps l or Type II perrnit. A
16 Type I temporary use permit shall be used ta auth4Cke the temporary-uses (isted in Section
17 18.46.070.A Tvpe II temporary use permit shall tused to authorize fhe temporary uses
18 listed in Section 18.46.070.B. ` y
19
20 B. The a lication for a tem ora use ermit shA 1be st~ed on forms obtained from the
21 Plannin Buildin and Communit De artmenf: a lication shall contain all the
22 information re uired b the Cit , The De artme4 all verif that the a lication is
23 consistent with the re uirements of.:#i~r~.~h~ ter inclu -but not limited to the irrevocable
24 siqned and notarized statement sp6~e&in~ Section 16.? 30.C, and that the application
25 contains roof of a le itimate busiriif a licable a~~ denced b documentation
26 demonstratin the business.. as obtain~~ . or wi1l obtain ` rior t commencin the use a cit
27 of Auburn business,, tan ofFa~r;l~~ uired averrtment licenses or a rovais. A
28 temparary use tha#..66mmenc' ""'without repuired application review and approval shall be
29 deemed to be in, violation of this:chapter an+~:subiect to the city's processes and standards
30 for code complianp ;
31 A,~
32 C. Tem ora .:~s2 erm .Obe adm `~trel rocessed and reviewed and not sub'ect to
33 a ubli6hr~n ' unles" kitten decision o~`a tem ora use ermit is a ealed to the Cit
34 of Ab~iurn Hearing',,,Examin
35
36 D. Pr6cessinq of Tvpe I~sin,porarMte Permits.
37
38 1. TOe' I;temporary u§e': permit decisions sha!{ be processed in accordance with the
39 a lica rovisions ofTitle 14 ACC rovided thata decision a rovin a rovin with
40 conditioriiA,~den,ying' the application shall be issued within thirty (30) calendar days of
~
41 the date of`~;~I`t~ation completeness determination. The Planning Director or desiqnee
42 may extend the° decision-making upon a written determination transmitted to an applicant
43 of the need for more information or other City permits or licenses or other agency
44 licenses or permits. In this instance, a Tvpe I temporary use permit may be issued
45 following receipt and review of the additional information or receipt of written evidence of
46 other City or agencv permits or licenses, as applicable.
47 2. A Notice of Application in accordance with the provisions of Title 14 ACC, as amended,
48 shall not be required for Type I temporary use permits. A written decision shall be issued
49 to the applicant, property owner if not the same as the propertv owner, other Citv
50 departments, as applicable, and other interested parties or aqencies that have
51 previouslv reauested to be notified.
I Chapter 18.46 (TemporaryUses) Text Amendments 2 09-02-09
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1
2 D. Processina of Tvpe II Temporarv Use Permits.
3
4 1. Tvpe II temporary use permit decisions shall be processed in accardance with the
5 aQplicable provisions of Title 14 ACC, provided that a decision approvinq, approvinq with
6 conditions or denyinq the application shall be issued within fiftx (50) calendar days of the
7 date of application completeness determination. The Planninq Director or desiqnee may
8 extend the decision-making upon a written determination transmitted to an applicant of
9 the need for more information or other CitYpermits or licenses or other aqency licenses
10 or permits. In this instance, a Tvpe II temporary use perm„it,~~y be issued followinq
11 receipt and review of the additional information or recebt;; 'ritten evidence of other
12 City or agency permits or licenses, as applicable.
13 2. A Notice of Apqlication in accordance with the provisiot~~ t~~~atle 14 ACC, as amended,
14 shall be required for Type II temporarv use permitsw X"-decis~an o~ype II temporarv
15 use permit shall not be issued until after the public comment peri+~d ~pxpires.
16
17 18.46.040 Appeals of Decisions.
18 19 AApeals of administrative decisions issued under the provision,,,s~,,f=this Chapter &Fbe made to
20 the City of Auburn Hearinq Examiner in accordatlce with' tft~ provisions of ACC 18.66, as
21 amended. Appeals of the Hearing Examiner decisiort mav be appealed in accordance with
22 applicable provisions af ACC 18.66.
23
24 18.46.050 Exemptions.
y:
25
26 A. The followin activities re~~xem t fro he eit gireme~nts of this cha ter but shall
27 com I with other s66', re uire ":bnfi~.:'of this bliter, unless s ecificall noted
28 otherwise:
E;
29 1. Gara e sale ard salesrovided th~t the followin is com lied with:
30 a. Sales lad~longer than ~ days;
31 b. Sales are c' ducted onN~er's ar"rt, v. Multiple-family sales are permitted if
32 he :are held 60 , ,the ro ert of ncor~to e than three 3 conti uous ro erties of the
33 34 ~~~~~~i ns sh~ ::~m I yvt ACC 18.56 Si ns as a licable and must be removed
35 within 24 ho -u on ttt letion of the sale.
36 2'`%' s onsored us ~ nd activities•
37 3. ~.requlated or e~tntp ed by ACC 18.60 (Home Occupations)i
38 4. Firew~rks stands optinq under a permit issued by the Citv of Auburn and the Fire
39 MarshaT's ~affice
40 5. The lace ffiOnt of,u~ and structures in res onse to a roclamation af civil emer enc
41 pursuant g 75.070 to provide emerqency services to individual citizens or
42 property ownef"r businesses.
43
44 18.46.060 Coordination with Other Citv Codes.
45
46 A. Any temporary use otherwise regulated by ACC Title 5, beyond any required business or
47 solicitors license, is not subject to the provisions af this chapter. However, anv license
48 issued under ACC Title 5 shall be consistent with the use regulations of the remainder of
49 this title and any condition or other permit required bv this title shall be reauired.
SO
I Chapter 18.46 (Ternporary Uses) Text Arnendments 3 09-02-09
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1 B. Any licensed solicitor who while selling or offerinq qoods, wares, merchandise or anvthinq
2 of value displavs advertises, or offers such goods to the passinq public while standina on
3 anypropertv street or public wav or any other place not used and licensed by such person
4 as a permanent qlace of business shall secure in addition to the solicitors license, a
5 temporary use permit pursuant to this chapter.
6
7 18.46.070 General and specific temporary use permits.
8
9 A. General Type I Temporary Use Permits In accordance with Section 18.46.030 the planninq
10 director or designee may approve the followinq aeneral TyOe6:, I temporary uses and
11 structures:
12 1. For all zoninq districts:
13 a. Temporary use of land in order to conduct a non t'event seven (7) calendar davs
14 or less in one (1) calendar vear: a:15 b. Temporary parkinq facilities for private uses f~r four (4) less per vear;
16 c. Temporarv fencina for public or private uses for four (4) weeks~01ess per vear;
a~~7
17 d. Temporarv use of privately owned c~rc~t~erty to store equip ht and materials
18 essential to and only in conjunction~,us!►fFt the construction or builcl`rria bv the Citv of
19 Auburn or another authorized ubl" enc of j road water line sewer line
20 stormwater line or other similar public d.ility, bridcte, ramp, dock, and/or lettLr in
21 proximity to the approved construction site:'
22 2. For residential zoninq districts
23 a. Tem ora modular sales M6bisin offices"fon-site residential develo ment
24 properties: ~
25 b. Placement of tents canop~es.~R,i~ memtructures ficar zero to two (2) weeks per
26 year that meet setbacks of the uii„derlyinw, ''on+~x
27 c. Placement of per~~ar~~I .t~se stor~6:~(~~'ainers o greater than three (3) weeks
28 per year, R
29 d. On-site temporary ora caretaker trailers rivate or non- rofit residential construction•
30 e. On-site teMD,orarv constirsuction trailerg , d offices and storaqe areas for construction
31 materials arideguirmi tf660°l11vate or rh- rofit residential construction•
32 f. S ecial event :as a comiri~r~i~ : block artnei hborhood arade or similar
33 er~t ~r~vin le ro erties ari~ causin tem ora im acts to ublic ri hts-of-
34 =inra or 6teirMti I indreased need for ublic services.
35 non-residenfia % onin d'i ricts:
36 =,emporaw ls circi~ and st~g~vs;
37 sale l` d leasinq offices for on-site commercial or industrial development
38 ro erties• ~
39 c. Or~~~~~~:. tem or :onstruction trailers and offices and stora e arsas for construction
40 mate` ,~„I~ and lbment for commercial, industrial or institutional construction;
41 d. On-site caretaker trailers for commercial industrial or institutional
42 constructiMes;
43 e. Temporary chanqes of uses and associated temporarv structures for four (4) weeks
44 or less per vear; ,
45 f. Temporary mobile sales for the sale of qlants, flowers, books, crafts, nroduce,
46 beveraqes food and other similar items in a single location for no more than two (2)
47 hours qer dav;
48 g. Placement of commercial storaqe containers for no more than three (3) weeks per
49 year;
50 h. Temporarv use of land in order to conduct a non-profit event one (1) to six (6) davs
51 or more in one (1) calendar vear;
I Chapter 18.46 (Temporary Uses) Text Amendments 4 09-02-09
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1 i. Special events such as a weekend sales event or outdoor concert causing temporary
2 impacts to public riqhts-of-wav or potential increased need for public services;
3 j. Holiday-related seasonal sales lots along with their associated temporary structures
4 subject to compliance with the following_
5 i. Applicant demonstrates written proof of proqerty awner permission for use of the
6 subject property:
7 ii. Adequate off-street parking is provided;
8 iii. The use will not interfere with adeauate vision clearance, as governed bv the Citv
9 of Auburn Enqineering Desiqn Standards, as amended:
10 iv. The use will not obstruct qedestrian access on public rrohts-of-wav;
11 v. Sictnaqe shall comply with the City's signaae requlations:
12 vi. Compliance to conditions required by the BuildinagIfFicial and Fire Marshal for
13 minimum buildinq, fire and life safetv codes,
14 vii. Adequate provisions for trash disposal and sahitarv fa6lLities are provided.
15 k. A ricultural seasonal sale of roduce sub'ect.4b-com liance~1~1~1~i h the followin :
16 i. Demonstrates written proof of propert~t~ er permission ft~r~~iuse of the subiect
17 propett~/' 'A
18 ii. Adequate off-street parking is pr~~
~
19 iii. The use will not interfere with adeq~~te vision clearance, as oq verried bv the Citv
20 of Auburn En ineerin Desi n Stand ~ds as-' ffi~nded•
21 iv. The use will not obstruct edestrian ac` ~ublic ri hts-of-wa ;
22 v. Si na e shall com I wit "Ahe Cit 's si ng ; ulations•
23 vi. Compliance to conditions=r+d by the B±~ihg Official and Fire Marshal for
24 minimum buildinq, fire anii"tife s~fefy godes;
25 vii. Adeauate provisions for tras~ dispos6l a r~t~ sanitat~;~acilities are provided.
}~N
..,.3 \u
26 ~
27 B. General T e II Te.,~90jjose Per ffits,w Ih"°accord6`hbe with Section 18.46.030 the
28 planning director or'"_ nee approve'.the followincl,qeneral Tvpe II temporary uses and
29 structures:
30 1. For all zoning~~s~ricts ~ \
31 a. Tem ora use;.of la. '~~~t;p~d~r:=.#o cor~+~\ct a non- rofit event more than seven 7
32 I n. ar da s'° calen`~~far:
33 b, sto of buildin s~4 nd structures not ermanentl affixed or
34 'constructed':or othe`` ermanentl situated on a ro ert ;
35 Temporary parkinq facitities for private uses for greater than four (4 weeks per year,
36 +d. : Temporary fencl#tg for pbtilig or private uses for areater than four (4~ weeks per vear.
37 2. F'tir residential zonino'`Aistricts
38 a. Placement of tent6, canopies, or membrane structures for careater than two (2) weeks
39 per; year that meet:setbacks of the underlvinq zone;
40 b. Placement ofpe'r6onal use storaqe containers for qreater than three(3) weeks but
41 no more than l 2 weeks per year;
42 c. Off-site ternp6rary construction trailers and offices and storage areas for construction
43 materials and equipment for residential construction;
44 d. Temporarv use of the followinq equipment on private property essential to and only
45 in coniunction with the construction or building by the City, another public aqency or ,
46 a private party of a road, bridae, ramp, dock, and/or jetty in proximity to the approved ,
47 construction site: '
48 i. Portable asphalt or concrete mixinq plants; 49 ii. Portable concrete batchinq plants;
50 iii. Portable rock crushinq plants,
51 iv. Accessory eQUipment essential to the use of the aforementioned plants.
I Chapter 18.46 (Tempora ,r,y Uses) Text Arnendments 5 09-02-09
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1 3. For non-residential zoninq districts:
2 a. Off site temporarv construction trailers and offices and storaae areas for construction
3 materials and equipment for commercial industrial or institutional construction;
4 b. Temporarv mobile sales for the sale of plants flowers books crafts, produce,
5 beveraqes food and other similar items in a sinqle location for more than two (2)
6 hours per dav;
7 c. Temporarv changes of uses and associated temporarv structures for more than four
8 (4) weeks per vear:
9 d. Temqorarv trailer or prefabricated buildinq The planninq director or designee mav
10 approve approve with conditions or denv a temporarv trailer or prefabricated buildmq
11 for use on anv real commercial or industrial zoned pr~K~rtv within the citv as a
12 temporary commercial or industrial office or space atiated with the pnmarv use
13 on the propertv but for no other purpose providing"that the applicant demonstrates
14 compliance with the followinq criteria in addition '4.he 'aQbtoval criteria specified m
15 Section 18.46.080:
16 i. The temporarv structure shall be locatod within the boudes of the parcel of
17 land on which it is located: ~
18 ii. The temporarv structure is in conft~rmance with all applicable ~Ufldinq and fire
19 codes;
20 iii. The propertv to be used for a temqor6 r"7-structurq shall alreadv be developed;
21 iv. There exists adequate and safe ingres,s and ` eqress when combined with the
22 other uses of the proper~; 23 v. There exists adequate stdht ~l~unce:
24 vi. There exists adeauate p&ikina for the~,customers~,br. users of the temporarv use in
25 conformance with the Cit 't% :arkin st~n:' ds as ~ licable26 vii. The use will caSe no hazarcfAti. edels e ar'~a of the use;
27 viii. The use wdl.t~~f d"te adverk;off site im acfs4r~cludin noise odors vibrations
28 glare fits whicK,~will eff~~ ~the adioinina uses in accordance with the
29 provigi~ir~s of ACC 1 ~ 31.180, ,
30 ix. The can adeat~t'#elv be sebv sewer or septic svstem and water, if
31 applicab~ ~nd
32 x~h;e len t~i im+~ that tl~e m orar buildin will be used is the maximum
33 d.,to a s the hardship "but no lonqer than one vear, unless otherwise
34 µ extent- th6bibnrnng directar or desiqnee.
35 ~
36 C. :ic T e I Tem 'User'mit - Tem ora Gravel Parkin Facilities.
37 1 ordance with" 'ction 1$.46.030 the lannin director or desi nee ma issue a
38 T6 4A m ora use'` ` rmit for a tem ora ravel arkin facilit that serves munici al
39 ur os" ';:.The lan : director or desi nee ma issue a tem ora use ermit for a
40 eriod u~ t~ 12 mdh#if the lannin director or desi nee finds it is consistent with the
t~
41 followin c t "'tldition to the a roval criteria s ecified in Section 18.46.080:
42 a. The use kMt result in siqnificant drainaae or other adverse impacts;
43 b. The gravel parkinq area is not required for the purposes of ineetinq the current
44 minimum off-street parkinq reauirements.
45 2. The planning directar or designee mav qrant additional extensions to the initial 12-month
46 validity period if he/she finds that such extension is warranted and that the temporanr
47 use is stil) in compliance with all applicable approval criteria.
48
49 D. Specific Tvpe I Temporary Use Permit - Site Specific Unforeseen/Emerqencv Situations.
50 1. In accordance with Section 18.46.030, the planninq director or designee mav approve,
Sl approve with conditions or denv a repuest for approval of an unforeseen/emerctencv
I Chapter 18.46 (Temkorary Uses) Text Amendments 6 09-02-09
Version 1
1 situation(s) for a residential commercial industrial or institutional buildinq if the planninra
2 director or designee finds it is consistent with the followinq criteria in addition to the
3 approval criteria~specified in Section 18.46.080:
4 a. The need for the use is the direct result of a casuatty loss such as fire, windstorm,
5 flood or other severe damaqe bv the elements or by human cause of a pre-existinct
6 structure or facility previously occupied by the applicant on the premises for which
7 the permit is souqht;
8 b. There exists adequate and safe vehicular ingress and eqress when combined with
9 the other uses of the propertv;
10 c. There exists adequate off-street or shared parkinq for the ternporarv use;
11 d. The use will pose no hazard to pedestrians in the area o,Ahe use;
12 e. The use will not create adverse off-site impacts inclu~ding noise odors vibrations,
13 cllare or liqhts which will affect adioininq use pursuarif tO,ACC 18.46.090 and ACC
14 18.31.180;
15 f. The use can be ade uatel served b sewer or se frc stem and water, if
16 applicable;
17 g. The length of time that the temporay buil~iiraq will be used is the maximum needed to
18 address the hardship but no lonqer than one vear, unless otherwise%extended bv the
19 plannincdirector or desiqnee. ~
20 .
21 E. Specific Tvpe I I Temporary Use Permit - Transitiana[ Ui`e's.
22 1. Existin a ricultural and assodg"k ses which are,not ermitted outri ht ma continue
23 rovided there are no new str6bf6"e9;~uilt in exces#,2 000 s uare feet or the use is
24 not expanded bv five acres unle~~;~ rarv use perm, i# is issued. In accordance with
25 Section 18.46A30 the lannin Mctor or ti4Ae ma' ~ssue a T e II tem ora use
26 ermit if he/she findsitjs:consisterifWith tla =;criteria in addition to the a roval
27 criteria specified i~t S+~ctic~0°`~18.46.08
28 a. The use muat be com atibJe or su miti atin measures available to make it
29 com atib[e Wth ad acent;b rmitted 6:
30 b. The use ctirtinot be a d. triment to ad' ~nt ermitted uses•
31 c. The use will'npi,resulf t~ si ~nt_adv6~e im acts to the area.
32 2. The Dlannina ditb,r t~r desiqrie~ <may establish a lonqer validitv period than that
33 ~e~t1 5ection "!6 46 100 for a tempararv use permit for the transitional uses
34 "tbecified
35 3 Upon encroachrngnt of penitted uses into the area authorized for a transitianal use
36 under a temporarvumuse p~rmi# the planninq director or designee mav review the
_
37 t~~rarv use perm~t #~a determme if such use is no lonqer compatible with the permitted
38 usei should be abt~ed•
39 a~~. ~
40 F. S ecific T Tern r'a'rv Use Permit - Homeless Encam ment. In accordance with
41 Section 18 46 dW-A, h~ planning directar or designee may issue a Type I) temporaN and
42 revocable use permit for a homeless encampment subject to the followinq criteria and
43 requirements:
44 1. Procedural Approval.
45 a The sponsorina aqencv shall notifv the citv of the proposed homeless encampment a
46 minimum of 30 days in advance of the proposed date of establishment for the
47 homeless encamqment and at least 14 davs before submittal of the temporarv use
48 permit The advance notification shall contain the followina information:
49 i. The date the homeless encampment will encamp;
SO ii. The lenqth of the encampment;
51 iii. The maximum number of residents proposed; and
I Chapter 1 S 46 (Temp2rary Uses) Text Amenciments 7 09-02-09
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1 iv. The host location.
2 b. The sponsorinq aqencv shall conduct at least one public informational meetinq
3 within, or as close to, the neighborhood where the proposed homeless encampment
4 will be located, a minimum of two weeks prior to the submittal of the temporarv use
5 permit application. The time and location of the meetinq shall be agreed upon
6 between the city and sponsorinq agency. All property owners within 1,000 feet of the
7 proposed homeless encampment shall be notified at least 14 davs in advance of the
8 meetinq bv the sponsoring aqencv. Proof of mailinq shall be provided to the director
9 of planning, building and community,
10 c. The temqorarv use permit application shall be accom~anied bv a hold harmless
11 aareement wherebv the host ayency and sponsonnqa~Ol~cy aaree to indemnifv the
;
12 city of Auburn for, and hold it harmless from, all dart~4qes that mav result from the
13 operation of the homeless encampment bv such per if qrantee and shall qav all
14 damaaes for which the permit grantee or the citY of Auburn shall be held liable as the
15 result of injuries suffered bv anv person, assdciafion or corporation bv reason of the
16 operation of the homeless encampment prbA~ed, that in case gny claim is filed with
17 the city of Auburn or any suit or action as Aiiiistituted aaainst said 611,y=W reason of any
18 such damage or injury the citv counctt sftall promptly cause written notice thereof to
19 be iven to the rantee and the rantee shall have :the, ri ht to defentl an such suit
20 or action.
21 2. Site Criteria.
22 a. If the sponsorinq aaencv is not the host ag M;,of the site, the sponsorina apencv
23 shall submit a written aqrbiarnent from the f%At,,aqencv allowing the homeless
24 encampment.
25 b. The ro ert must be sufficien# in size to,.~cco moents and necessa on-site
26 facilities includim..but not limited Lo the 1b'flo 27 i. Sanita t~rt~E~te t+~ilets in the tiurrti~ef re uir 4ci meet ca acit uidelines•
28 ii. Hand wa,st'ihsq tati ~►s; bv the tt~l~lbts and by the food areas;
29 iii. Refus 4ece tacles,.
30 iv. Food~~ t and secun'ent '
31 c. The host aM~~, onsibEkbwe shgiE ~ rovide an ade uate water source to the
32 ~ ess enc~~ ~~~~ttas ~a the rovider as a ro riate or other water
~
33
34 homeless encAh~;pment shall be located within a critical area or its buffer as
35 6 No ine ma ent ~~l~Upte es be onstructed for the homeless encam ment.
3
3'7 o more than 1~~ residenf~ shall be allowed. The city may further limit the number of
38 sigents as site Cobditions dictate.
39 a. A&§~pte on-site_parkinq shall be provided for the homeless encampment. No off-
40 site parkina will be' allowed. The number of vehicles used by homeless encampment
41 residents"Sha11~°be qrovided. If the homeless encampment is located on-site with
42 another us6vlt shall be demonstrated that the homeless encampment parkinq will not
43 create a shortaae of code-reauired on-site parking for the other uses on the property.
44 h. The homeless encampment shall be within a auarter mile of a bus stop with seven
45 days per week service, whenever possible. If not located within a auarter mile of a
46 bus stop, the sponsorina aqencv must demonstrate the ability for residents to obtain
47 access to the nearest ublic trans ortation sto such as car ools or shuttle buses .
48 i. The homeless encampment shall be adeauatelv buffered and screened from
49 adiacent right-of-way and residential properties. Screeninq shall be a minimum
50 height of six feet and mav include, but is not limited to, a combination of fencinq,
( Chapter 18.46 (Temporar~Uses) Text Arnendrnents 8 09-02-09
Versian 1
1 landscapinq, or the placement of the homeless encampment behind buildings. The
2 tvpe of screening shall be approved bv the citv.
3 j. All sanitary portable toilets shall be screened from adjacent properties and rights-of-
4 wav. The type of screening shall be approved by the city and may include, but is not
5 limited to, a combination of fencina and/or IandscapincL
6 k. The sponsoring aqency shall be responsible for the clean up of the homeless
7 encampment site within seven calendar days of the encampment's termination.
8 3. Securitv.
9 a. An operations and security plan for the homeless encampment shall be submitted
10 and approved bv the city.
11 b. The host agency shall provide to all residents of the horrtet6ss encampment a code
12 of conduct for living at the homeless encampment ,A~opy of the code of conduct
13 shall be submitted to the citv at the time of applicatw
14 c. All homeless encampment residents must siqn ari~reer~~~1t to abide bv the code of
15 conduct and failure to do so shall result in the `noncompl~resident's immediate
16 and permanent expulsion from the property. ~j
17 d. The sponsoring agency shall keep a loq, :of all people who sti~r~vernight in the
18 encampment, includinq names and biqh dates, and dates of stay.
~19 e. The sponsoring agency shall take alf reasonable and leqal steps to ok~t~in verifiable
20 identification, such as a driver's liceent-issued identification card.
-
21 militarY identification or passport from ~c...pctive and existinq encampment
22 residents. ~ °
23 f. The sponsorina agency w~~ ~,dentification tt~ obtain sex offender and warrant
24 checks from the Pierce Cour~t~o~, r{~~~ C,,gunty sh4~~s office or relevant local Aolice
,
25 department. ` -
26 i. If said warrant and sex nder ct~etid`eveg either: a an existin or
27 outstanding Warrant from anv iurisdi6tion in t% nited States for the arrest of the
28 individual °.who is the gqbiect of tt,T,~,e check; or (b) the subject of the check is a sex
29 offea er,vrequired ta;tegister wiLhy~e countv sheriff or their county of residence
30 pursua„~,# to RCW 9XAA&4.130, thed*Qnsoring agency will reject the subiect of the
31 check en~mpment or eiect the subject of the check if
32 f a erso~i~~ r$~i°d a lioi~'~~) s : ~icam m e n t resident.
33 ~ toonsomaa«ency shall immediately contact the Auburn police department
34 if the~~sonIreiection or ejection of an individual from the homeless
35 encamprr~~~t si a~ive warrant, is due to the individual beina a sex offender
36 ~ required toister and/or if. in the opinion of the on-duty executive committee
,
Y
37 "f inember or t~~.::on-duty security staff, the rJected/ejected person is a potential
38 reat to the 66~mmunit .
39 onsonn nc shall self- olice and self-mana e its residents and rohibit
40 alcoti~ ~ru A"~ a ons fi htin and abuse of an kind litterin or disturbin
g -
41 nei hbor~;~ ~ ocated on the ro ert.
42 h The spons~ agency will appoint an executive committee member to serve on-
43 duty at all times to serve as a point of contact for city of Auburn police and will orient
44 the police as to how the securitv operates. The names of the on-dutv executive
45 committee members will be posted daily in the securitv tent. The citv shall provide
46 contact numbers of nonemergencypersonnel, which shall be posted at the securitv
47 tent.
48 4. Timinq.
49 a. The maximum continuous duration of a homeless encampment shall be 90 davs.
50 Citywide, the total maximum number of days homeless encampments mav operate
51 in the city shall not exceed 180 days in any 24-month period (e.q., two homeless
I Chapter 18.46 (Temporarv Uses) Text Arnendrnents 9 09-02-09
Version 1
1 encampments each operatinq 90 davs (maximum 180 davs total) mav be allowed in
2 a 24-month period).
3 b No more than one homeless encampment mav be located in the citv at anv time.
4 5 Health and Safetv.
5 a All temporarv structures within the homeless encampment shall conform to all
6 buildinq codes.
7 b The homeless encampment shall conform to the followinq fire requirements:
g i. Material used as roof coverin and walls shall be of flame retardant material.
9 ii There shall be no open fires for cooking or heatina.
10 iii. No heatin a liances within the individual tentsi'are allowed unless the
11 appliance is desianed and licensed for that purpose~
12 iv. No cookin a liances other than microwave a tAffices are allowed.
13 v An adequate number and appropriate ratin~~ ~°,fire extinNUishers shall be
14 provided as approved bv the fire department
15 vi Adeauate access for fire and emeraency medical appIshall be provided.
16 This shall be determined bv the fire department. vw
17 vii Adequate separation between tents and other structures shC',Jbe maintained as
18 determined bv the fire department
19 viii Electrical service shall be in accorClance with ~~~qnized and ad practice;
etr °and anv cor ds used must be
20 electrical cords are not to be strung #oa o
21 approved for exterior use
22 c. The s onsorin and host ar ies shall errnit `ns ections b Auburn staff and the
23 Kin Count health de t reasonable 4imes without rior notice for
24 compliance with the conditionf~g~'~it. 25 6. Termination. If the s onsorin a e fails t°tA1c actiorl`~ ainst a resident who violates
i~ a ~< in t~nmediate termination of the
tn of `
2 6 the terms and cond this ~ it ~t~
2'7 permit If the cit~~t"r3 `f:.uncontr~+~A~lence o`~Cts of undiscipline d vio lence bv
~ `~r---~-'-
28 residents of tham m~' nd the i6bfisonn a enc has not ade uatel a d dresse
29 the situafior~~.¢ tem ora jdib ermit ibe immediatel terminated.
R~ ~
30 ~
31 18.46.080 A rol~ W5011f~~
32
33 A. The I~~t~~n i~~. tor o~ ~sa nee ma a r6ve or modif and a rove an a lica tion for a
34 terrt r~ u s e " r i f a l l e a l i c a t i o n s a t i s f i e s a l l o f the followin criteria:
,.35
36 1'~he temporarv us~ °~nll not~,~~ materiallv detrimental to the public health safetv or
3'7 W~,~,f~re nor iniuriou~ ~~i propertv or improvements in the immediate vicmity,
38 2. The temporarv use is,cmpatible with the purpose and intent of this title and the specific
39 zoninq 41- j'ict in wh~~h~ t will be located;
40 3. The terri~~~rv use.~~s compatible in intensitv and appearance with existinq land uses in
41 the immei#Y;
42 4. Structures proK~c~sed in association with a temporarv use permit will complv with t e
43 ap licable setback and vision clearance area reauirements and with applicable
44 provisions of the Buildinq and Fire Codes;
45 5. Adeauate parking is available to serve the temporarv use and if applicable the
46 temporarv use does not occupv required off-street parkina areas for adiacent or nearbv
47 uses:
48 6. Hours of oaeration of the temporarv use are specified:
49 7. The temporarv use can complv with applicable provisions of Section 18.46.090;
SO 8. The impacts associated with the temporarv use can be mitiaated throuqh the application
51 of conditions of approval as aqplicable.
I Chapter 18.46 (Temporarv Usesl Text Amendments 10 09-02-09
Version 1
1 18.46.090 Performance Standards.
2
3 A. The planning directar or desiqnee shall reauire compliance to the following performance
4 standards for all authorized temporarv use permits and may approve, or modifv and approve
5 an application for a temporary use permit if the application satisfies all of the followinq
6 criteria:
7 1. Temporary uses shall, at all times, complv with all local, state or federal standards and
8 reaulations, as applicable, pertinent to the type of temporary use beina conducted;
9 2. Temporary uses shall obtain and maintain all other local state and federal rec~uired
10 permits and licenses prior to and durinq the authorization perioti for a temporary use;
11 3. Temporarv uses shall complv, as applicable, with the perfprmance standards specified in
12 ACC 18.31.180:
13 4. Temporary uses shall not qenerate life safety hazards. Specific mitipatinp conditions
14 may be required by the planning director or desio,nee
15 ~m~
16 18.46.100 Time Limitation.
17 18 A. A tem ora use is valid for u to one hundre~ 180 "lendar da s froi'i"'fhe effective
,
19 date of the permit, unless otherwise noted here rovi,dowever, that the applicant may
~
20 request, and/or the planning director or desianee ~6~#ablish a shorter time frame in the
21 written decision based on factors £iricluding but noNA~ited to the nature of the temporarv
22 use, imqacts associated with the temporary use or its 6emity to residentiallv zoned areas
23 of the Citv. '
24
25 B. The lannin directar ora. es' nee ma ~r:ant add F6nal time Oktensions u on the a licant
26 satisfactoril demonst"gffidftntinued 66m116e with ~at 'conditions of ermit a roval.
27 Extensions ma boy" "Mnted f&i~in the 5&mittal of a written re uest b the holder of the
28 temporarv use ,Dit a minimum :of thirty QO) calendar days prior to the expiration date of
29 the ori inal and/xtended t';' ra use er it.
30 ' F~~~;-
31 18.46.110 ;~Limitatior~~ ~ it . ~ 32
33 A ro e'yowner or r hol a tem ora use ermit ma not be allowed to file additional
34 temDor6rv use permits for a '.:an the same site if the planninct director or desiqnee
35 determiriss that the use has becorr~~ermanent in nature either by the period of use or the
36 extent of onksite improveme'nts.
37
38 18.46.120 ~Piormit Revocation.
39
40 The planning direc~tat',; signee may immediately revoke permit authorization of a temporarv
41 use should it be fount~;~t such use has failed to complv with any of the conditions of the permit
42 authorization or anv of the performance standards specified in Section 18.46.090 or applicable
43 building and fire codes, is in violation of any state or federal rules and requlations or anv other
44 applicable codes, standards or requlations of the Auburn City Code.
45
46 18.46.130 Removal of Temporarv Uses.
47
48 A. Upon the expiration of the temporary use permit, the applicant shall immediatelv discontinue
49 the temqorary use. Within fifteen (15) calendar days of the expiration of the temporary
50 permit, the applicant shall remove any temporarv structures associated with the temporarv
I Chapter 18.46 (Temporary Uses) Text Amendments 11 09-02-09
Version 1
1 use. The planninq direc#or or desictnee mav extend the timeframe for removal of temporary
2 structures upon written reauest containinq adequate justification for this extension and a
3 specific timeframe for the permanent removal of the temporarv use.
4
S B. If a temporary use is not removed as required bv the temporary use permit or within any
6 extension timeframe authorized by the p(anning director or designee, the City shall initiate
7 code compliance proceedings in accordance with ACC 1.25 (Civil Penalties for Violations),
8 as amended.
9
10 C. Prior to the approval of a Type I or Type II temporarv use permit the applicant shall submit
11 to the Citv an irrevocable, sianed and notarized statement frQm'the applicant and property
12 owner, if applicable, granting the City permission to summari.1~r enter the applicant's property
13 with reasonable notice and abate the temporary use, anc~ ~t1st-W1cal evidence of that use if
14 it has not been removed as required bv the terms of °thg-~~ierrrfitM,`fhe statement shall also
15 indicate that the applicant will reimburse the city fdr; anv expenses incurred in abating a
16 temaorary use under the authority of this chapter.' Ab~tement actions Shall be conducted in
17 accordance with the provisions of ACC 1.25 (Civil Penalties for Violationas amended.
18 sr
19 18.46.140 Assurance Device. „
20 ~
21 The planninq director or desiqnee may reauire the sd , bt~ittal of a cash or suretv bond as a
22 condition of approval to assure comDEi~raoe with applic6de provisions of the Aubum City Code
23 and the temporary use permit, as appr6V~~t~~I~:aAp1'OpClate"Glt"GUt11St8nCeS, the planning director
24 may reauire a reasonable performance 66mairit6fiance assuran ce device, in a form acceptable
25 to the finance de artment to assure comb.2ance vOt W, ravisions° of this title and.lf at the end
26 of this time eriod such tem pora . use or iructur ~blo- ed'or discontinued said cash or
,
27 suretv bond shall be forfeited' ' y
28
29
H
30 . , :
31
32 Sestoens-
33 U.
34
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36 . .
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40 18.46. ' .
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45 4229-§ L-,
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I Chapter 18.46 (Temporary Uses) Text Amendments 12 09-02-09
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48 .
nrnies~ ~ ~r Q r!etc~. r,,,m~n;,,ed by r.~, nli~n (-BnV nt~'Ee~ n /~lrrl- 4779 7, 1987.)
49 ~~hc~a~~~~l~ ~+s - c+~o~
50 18. . .
( Chapter 18.46 (Tempora ~rS Uses) Text Amendments 13 09-02-09
Version 1
i
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e
45 .
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49 2008; GFd. , 2003; OFd. ,
50 18. . .
I Chapter 18.46 (Temporary Uses) Text Amendments 14 09-02-09
Version 1
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2 iT1~ }h~ n it w+a~i ho nr~nrlifinn~e~r~ ~re~ c~~ ~nh rv~itiira4i~r~~,T~'1~7
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8 B. , , wares,
9 , advertises,
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13 C. 18.60 , HOM&GGGupatiqRS,
14 4e + f 4his nhan+er_4='~§ 2, 19527.~
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15 18. . .
16 ,
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18 A. PFOGeduFal . ` `
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44 D. c;+o Griteria
45 . ,
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48 faramlifies, , ,
49 . ;
50 1^~. LJ anrl ~iac~hinn c~to4iOno L~v tF~o 4nilo4c~ anrl hv tho fonrl aroace.
R7 ;
51 G. Refuce renen4anles•
,
I Cha.pter 18.46 (,Ternporary Uses) Text Arnendments 15 09-02-09
Version l
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I Chapter 18.46 (Temporary Uses) Text Amendments 16 09-02-09
Version 1
1 ,
2 tlorcnn in o nn4on4ial lhroo4 4o 4ho nOmmi mitv
3 .
4 , rugs, weapons, fight!Rg, ,
5
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10 A~r~nnnl~a~anh,..~ll F~., ~ r..~
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14
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18 .
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I Chapter 18.46 (Ternporary Uses) Text Amendments 17 09-02-09
Version 1
EXATHIBIT 3
REQUEST TO PUBLISH
Please publish the following Notice of Public Hearing in the Seattle Times on August 29, 2009
Bill the City of Auburn: City of Auburn
ATT: City Clerk
25 West Main
Auburn, WA. 98001
An "Affidavit of Publication" is requested for this billing. Thank you.
Please publish below this line only.
NOTICE OF PUBLIC HEARING
The Planning Commission of the City of Auburn will conduct a public hearing Wednesday, September 9,
2009 at 7:00 p.m. in the Council Chambers of the Auburn City Hall located at 25 W. Main Street on the
following matter: Proposed amendments to Title 18 (Zoning) of the Auburn City Code A description of
the proposed amendments follows below. The public is invited to attend to express comments or opinions.
Written comments may be submitted up until & at the public hearing to Kevin Snyder, AICP, Assistant
Director or Chris Andersen, Senior Planner, Auburn PB&C, 25 W. Main St, Auburn, WA 980014988.
Further comments or questions call Kevin Snyder or Chris Andersen at (253) 876-1962 or e-mail
ksnyder@auburnwa.gov or candersen@auburnwa.gov. For citizens with speech, sight or hearing
disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn
within 7 calendar days prior to the meeting, as to the type of service or equipment needed. Each request
will be considered individually according to the type of request, the availability of resources, and the
financial ability of the City to provide the requested services or equipment.
Description of Proposed Amendments. The City proposes the following amendments to Title 18
Aubum City Code (Zoning): Chapter 18.02 (General Provisions) affecting Section 18.02.120; Chapter
18.04 (Definitions) amending and/or adding new definitions; Chapter 18.07 (Residential Zones) affecting
Section 18.07.020; Chapter 18.09 (Manufactured/Mobile Home Community Zone) affecting Section
18.09.020; Chapter 18.22 (Residential Office and Residential Office-Hospital District) affecting Sections
18.22.020 and 18.22.030; Chapter 18.24 (Neighborhood Shopping District) affecting Section 18.24.030;
Chapter 18.26 (Light Commercial District) affecting Sections 18.26.020 and 18.26.030; Chapter 18.28
(Central Business District) affecting Sections 18.28.020 and 18.28.030; Chapter 18.29 (Downtown Urban
Center District) affecting Section 18.29.055; Chapter 18.30 (Heavy Commercial District) affecting
Section 18.30.030; Chapter 18.32 (Light Industrial District) affecting Sections 1832.020 and 1832.040;
Chapter 18.33 (Environxnental Park District) affecting all Sections 18.33.010 through 18.33.050; Chapter
18.34 (Heavy Industrial District) affecting Section 18.34.040; Chapter 18.36 (Business Park District)
affecting Section 18.36.030; Chapter 18.40 (Public Use District) affecting Section 18.40.030; Chapter
18.46 (Temporary Uses) affecting all Sections 18.46.010 through 18.46.090; Chapter 18.44 (Institutional
Use District) affecting Section 18.44.030; Chapter 18.50 (Landscaping and Screening) affecting Section
18.50.050; Chapter 18.54 (Nonconfornung Structures, Land and Uses) affecting Section 18.54.060;
Chapter 18.64 (Administrative and Conditional Use Pernuts) affecting all Sections 18.64.010 through
18.64.070; Chapter 18.70 (Variances, Special Exceptions, and Administrative Appeals) affecting Sections
18.70.010 and 18.70.020; Chapter 18.76 (Planned Unit Development District-Lalteland Hills South
affecting Section 18.76.040; and Chapter 18.78 (Terrace View District) affecting Section 18.78.020.
DEPARTMENT OF PLANNING, BUILDING AND COMMiJNITY
25 WEST MA1N STREET, AUBURN, WA. 98001 (253) 931-3090
Published in the Seattle Times on August 29, 2009
Ttmes ~~j e Seattte EcHIBNr
~
SEseattletimes.com ~ Ct~ OF AUBURN
Po Box 70, Seattle, WA 98111 ~~E~KS
AUBURN CITY OF-FINANCE DEPT
ATTN CITY CLERK
25 WEST MAIN
AUBURN, WA 98001
Re: Advertiser Account #30785204
Ad 783095100
Affidavit of Publication
403581 6 / 3
STATE OF WASHINGTON
Counties of King and Snohomish
The undersigned, on oath states that he/she is an authorized representative of The Seattle Times Company,
publisher of The Seattle Times of general circulation published daily in King and Snohomish Counties, State of
Washington. The Seattle Times has been approved as a legal newspaper by orders of the Superior Court of
King and Snohomish Counties.
The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and
distributed to its subscribers during all of the said period.
The Seattle Times 08/29/09
Agent Debbie Collantes Signature Ao~u' &ar oep
and ,wom to before me o .
~ ATE)
= Ajs~~(
9T FAR~Y IS ~TURE) tary lic in and for the State of Washington, residing at Seattle
i y p,U`
e Se attte Ttmes
sEP - 1 2009
seattletimes.com CITy pF AUBURN
Re Advertiser Account #30785204 Ad # 783095100 CATY CI..FRKS OFFiCE
Ad TEXT'NOTICE OF (Landscaping and Screening)
'PUBLIC HEARING (Generel Provisions) affectlng affecting
Section Section 18.50.050; Chapter
The Planntng Commission of 18.02.120; Chapter 18.04 18.54 (Nonconforming
the City of Auburn (Definitions) amending Structures, Land and Uses)
will conduct a public hearing and/or adding new definttions; affecting Section
Wednesday, Chapter 18.07 18.54.060; Chapter 18.64
September 9, 2009 at 7:00 p.m. (Residential Zones) affecting (Administrative and
in the Councii Sectlon 18.07.020; Conditional Use Permits)
Chambers of the Auburn City Chapter 18.09 affecting all Sections
Hall located at 25 (Manufactured/Mobile Home 18.64.010 through 18.64.070;
W. Main Street on the following Communtty Zone) affecting Chapter 18.70
matter: Proposed Section 18.09.020; (Variances, Special Exceptions,
amendments to Title 18 (Zoning) Chapter 18.22 (Residential and
of the Auburn Office and Adminfstrative Appeals)
City Code A description of the Hesidential Office-Hospital affecting Sections
proposed District) affecting 18.70.010 and 18.70.020;
amendments follows below. The Sections 18.22.020 and Chapter 18.76 (Planned
public is invited 18.22.030; Chapter 18.24 Unit DevelopmeM District-
to attend to express comments (Netghborhood Shopping Lakeland Hills South
or opintons. District) affecting affecting Section 18.76.040; and
Written comments may be Section 18.24.030; Chapter Chapter 18.78
submitted up until & at 18.26 (Light (Tercace View District) affecting
the public hearing to Kevin Commerctal District) affecting Section
Snyder, AICP, Sections 18.78A20.
Assistant Dtrector or Chris 18.26.020 and 18.26.030;
Andersen, Senior Chapter 18.28 (Central DEPARTMENT OF PLANNING,
Planner, Auburn PB&C, 25 W. Business District) affecting BUILDING AND COMMUNITY
Main St, Aubum, WA Sections 18.28.020 25 WEST MAIN STREET,
98001-4988. Further comments and 18.28.030; Chapter 18.29 AUBURN, WA. 98001
or questions call (Downtown Urban (253) 931-3090
Kevin Snyder or Chris Andersen Center District) affecting
at (253) 876-1962 Sect(on 18.29.055; Published in the Seattle Times
or e-mail Chapter 18.30 (Heavy on August 29,
ksnyder@auburnwa.gov or Commercial District) 2009
candersen@aubumwa.gov. For affecting Section 18.30.030;
cRizens with Chapter 18.32
speech, sight or hearing (Light Industrial District)
disabilities wishing to affecting Sections
review documents pertafning to 18.32.020 and 18.32.040;
this hearing, Chapter 18.33
should contact the City of (Environmental Park District)
Aubum within 7 affecting all
calendar days prior to the Sections 18.33.010 through
meeting, as to the 18.33.050; Chapter
type of service or equipment 18.34 (Heavy Industrial District)
needed. Each affecting
request will be considered Section 18.34.040; Chapter
individually 18.36 (Business Park
according to the type of Distdct).affecting Section
request, the 18.36.030; Chapter
availability ot resources, and 18.40 (Public Use District)
the financial affecting Section
ability of the City to provtde the 18.40.030; Chapter 18.46
requested (Temporary Uses)
services or equipment affecting all Sections 18.46.010
through
DescripUon of Proposed 18.46.090; Chapter 18.44
Amendments. The City (Institutional Use
proposes the following District) affecting Section
amendments to Title 18 18.44.030; Chapter
Aubum City Code (Zoning): 18.50
Chapter 18.02
* CITY OF EXHIBIT A-
Peter U$U~~~l B. Lewis, Mayor
* WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
Notice Posting of Public Hearings
City of Auburn Planning Commission
Posting Date for Notice (s): August 28, 2009
Posting Locations: Auburn City Hall, Auburn Senior Center, King County Library-Auburn
Branch
The Planning Commission of the City of Auburn, Washington, will conduct public hearings on
Wednesday, September 9, 2009 beginning at 7:00 p.m. in the Council Chambers of the
Auburn City Hall located at 25 West Main Street, Auburn, WA 98001 on the following cases:
A. Group 1 of the 2009 Comprehensive Plan Amendments .
(Staff.• Principal Planner Elizabeth Chamberlain, AlCP)
The Planning Commission will conduct a public hearing and accept otal and/or written
testimony on Group 1 of the 2009 Comprehensive Plan amendments consisting of: 1)
map amendments to existing Map 9.1 (Shoreline Master Program) and existing Map 3.5
(Groundwater Protection Zones); and the addition of new reference maps comprised of
Map 3.6 (Enumclaw Plateau) and Map 10.1 (Historic Building Inventory); and 2) policy
and text amendments comprised of P/T#1 - 2009-2015 Aubum School District Capital
Facilities Ptan; PT#2 - 2009-2010 to 20142015 Kent School District Capital Facilities
Plan; PT#3 - 2010-2015 Dieringer School District Capital Facilities Ptan; PT#4 - 2010-
2015 Federal Way School District Capital Facilities Plan; PT#7 - Six Year Update to the
City of Aubum Comprehensive Water Plan; and PT#8 - Policy/text amendments to the
City of Aubum Comprehensive Plan affecting Chapters 3, 4, 5, 8, 9, 12, 14 and 15. The
Planning Commission in its role as an advisory body to the Aubum City Council will
make a voted-on recommendation to the City Council on the proposed amendments.
B. Amendmenfs t4 Chapter 18.33 (Environmental Park District) of Auburn City Code
(Staff.• Assistant Director Kevin Snyder/Senior Planner Chris Andersen)
The Planning Gommission will conduct a public hearing and accept oral and/or wr.itten
testimony on proposed amendments to Chapter 18.33 (Environmental Park District) of
the Auburn City Code currently comprised of Section 18.33.010 (Intent), Section
18.33.020 (Permitted Uses), Section 18.33.030 (Uses requiring Conditianal Use Pe.rmit),
Section 18.33.040 (Development Standards) and Section 18.33.050 (Supplemental
Developrnent Standards):Existing Sections of this Chapter may be changed or modified
or reloca#ed or dele#ed and/or new sections may be added. The Planning Comrnission in
its role as an advisory body to the Aubum Cify Councit will make a voted-on
recommendation to the City Cowncil on the proposed amendments.
C. Amendments to Chapter 78.46 (Temporary Uses) o€ Auburn City Code
(Staff• Assistant Director Kevin Snyder/Senior Planner Chris Andersen)
The Planning Commission will conduct a public hearing and accept orat and/or written
testimony on proposed amendments to Chapter 18.46 (Temporary Uses) of the Aubum
City Code currently comprised of Section 18.46.010 (Intent). Section 48.46A20 (Inferim
Uses), Section 18.46.030 (Seasonal Uses), Section 18.46.040 (Temporary Uses
Associated with Construction Projects) and Section 18.46.050 (Transitional Usss),
Section 18.46.060 (Administrative Temporary Use Permits), Section 18.46.070
(Conditipns), Section 19.46.080 (Coordination with other City Codes) and Section
18.46.090 (Homeless Encampments). Proposed amendments to this Chapter would
change the land use decision-making process for the majority of temporary uses from
Page 1
AUBURN * MORE THAN YOU IMAGINED
the Hearing Examiner to the Planning Director or designee and clarify types, extent and
conditions for the regulation of temporary uses, Existing Sections of this Chapter may be
changed or modified or relocated or deleted and/or new sections may be added. The
Planning Commission in its role as an advisory body to the Auburn City Council will
make a voted-on recommendation to the City Council on the proposed amendments.
D. Amendments to Title 18 (Zoning) of Auburn City Code - Administrative Use
Permits & Conditional Use Permits
(Staff.• Senior Planner Chris Andersen/Assistant Director Kevin Snyder)
The Planning Commission will conduct a public hearing and accept oral and/or written
testimony on proposed amendments to the following Chapters and/or Sections of the
Auburn City Code for the purpose of implementing and clarifying regulations for
administrative use permits and conditional use permits: Chapter 18.02 (General
Provisions) affecting Section 18.02.120; Chapter 18.04 (Definitions) amending and/or
adding new definitions; Chapter 18.07 (Residential Zones) affecting Section 18.07.020;
Chapter 18.09 (Manufactured/Mobile Home Community Zone) affecting Section
18.09.020; Chapter 18.22 (Residential Office and Residential Office-Hospital District)
affecting Sections 18.22.020 and 18.22.030; Chapter 18.24 (Neighborhood Shopping
District) affecting Section 18.24.030; Chapter 18.26 (Light Commercial District) affecting
Sections 18.26.020 and 18.26.030; Chapter 18.28 (Central Business District) affecting
Sections 18.28.020 and 18.28.030; ChaPter 18.29 (Downtown Urban Center District)
affecting Section 18.29.055; Chapter 18.30 (Heavy Commercial District) affecting
Section 18.30.030; Chapter 18.32 (Light Industrial Dist(ct) affecting Sections 18.32.020
and 18.32.040; Chapter 18.33 (Environmental Park District) affecting Sections 18.33.030
and 18.33.050;Chapter 18.34 (Heavy lndustrial DisVict) affecting Section 18.34.040;
Chapter 18.36 (Business Park District) affecting Sec#ion 18.36.030; Chapter 18.40
(Public Use District) affecting Section 18.40.030; Chapter 18.44 (Institutionat Use
District) affecting Section 18.44.030; Chapter 18.50 (Landscaping and Screening)
affecting Section 18.50.050; Chapter 18.54 (Nonconfocming Structures, Land and Uses)
affecting Section 18.54.060; Chapter 48.64 (Administrative and Conditional Use Permits)
affecting all Sections 18.64.010 through 18.64A70; Chapter 18.70 (Variances, Special
Exceptions, and Administrative Appeals) affecting Sections 18.70.010 and 18.70A20;
Chapter 18.76 (Planned Unit Development District-Lakeland Hills South affecting
Section 18.76.040; and Chapter 18.78 (Terrace View District) affecting Section
18.78.020. The Planning Commission in its role as an advisory body to the Auburn City
Councit will make a voted-on recommendation to the City Councit on the proposed'
amendments.
The public hearing wi11 be held in the Council Chambers, Auburn City Hall, located at 25
West Main Stceet: The public is inv'i#ed to attend to express comments or opinions.
V1lritten comments rnay be submitted up until and at fihe public hearing to the City of
Auburn Planning, Building, and Community Department, 25 West Main Street, Auburn,
WA 9$001-4988. If you have further comrnents or questions regarding Pubfic Hearing,
ltem A, please conta+ct Elizabeth Chamberlain, AICP, Principal' Planner at 253:931.3092 0r
echamberlain@auburnwa.gov. If you have further comments or questions regarding
Public Hearing Ifems B, C and D, please contact Kevin Snyder, AICP, Assistant Director
at 253.876.1982 or ksnyder@auburnwa.gov or Ghris Andersen, Senior Planner at
253876.1962 or candersen@auburnwa.gov
For citizens with speech, s:ight or hearing disabilities wishing to review documents
pertaining to this hearing, should contact the City of Auburn within 90 calendar days
prior to the meeting, as to the type of service or equipment needed. Each request will be
considered individually according to the type of request, the availabiliiy of resources,
and the financial ability of the City to provide the requested services or equipment.
Page 2
* * ExH»IT b
CITY OF *
Peter B. Lewis, Mayor
AliBURN
WAS H I N GTON 25 West Main Street * Aubum WA 98001-4998 * www.auburnwa.gov * 253-931-3000
REVISED
Notice Posting of Pub/ic Hearings
City of Auburn Planning Commission
Posting Date for Revised Notice (s): September 4, 2009
Posting Locations: Auburn City Haii, Auburn Senior Center, King County Library-Auburn
Branch
The Planning Commission of the City of Auburn, Washington, will conduct public hearings on
Wednesday, September 9, 2009 beginning at 7:00 p.m. in the Council Chambers of the
Auburn City Hall located at 25 West Main Street, Auburn, WA 98001 on the following cases
A. Group 1 of the 2009 Comprehensive Plan Amendments
(Staff.• Principal Planner Elizabeth Chamberlain, AICP)
The Planning Commission will conduct a public hearing and accept oral and/or written
testimony on Group 1 of the 2009 Comprehensive Plan amendments consisting of: 1)
map amendmenfs to existing Map 9.1 (Shoreline Master Program) and existing Map 3.5
(Groundwater Protection Zones); and the addition of new reference maps comprised of
Map 3.6 (Enumclaw Plateau) and Map 10.1 (Historic Building Inventory); and 2) policy
and text amendments comprised of P/T#1 - 2009-2015 Aubum School District Capital
Facilities Plan; PT#2 - 2009-2010 to 2014-2015 Kent School District Capital Facilities
Plan; PT#3 - 2010-2015 Dieringer School District Capital Facilities Plan; PT#4 - 2010-
2015 Federal Way School District Capital Facilifies Plan; PT#7 -Six Year Llpdate to the
City of Aubum Comprehensive 1Nater Plan; and PT#8 - Policy/text amendments to the
City of Aubum Comprehensive Plan affecting Chapters 3, 4, - 5, 8, 9, 12, 14 and 15. The
Planning Commission in its role as an advisory 6ody to tho:: Aubum City Council will
make a voted-on recommendation to the City Couneil on the proposed amendments.
B. Amendments to Chapter 18.46 (Temporary Uses) of Auburn City Code I'
(Staff.• Assistant Director Kevin Snyder/Senior Planner Chris Andersen)
The Planning Cornmission wilt conducf a public hearing and accept oral and/or written
testimony on proposed arnendments to Chapier 18.46 (Temporary Uses) of the Aubum
City Code currently comprised of Section 18.46.010 (Intent), Section 48.46.020 (Intenm
Uses), Section 18.46.030 (Seasonal Uses), Section 18.46.040 (7emporary Uses
Associated with Constructian Projects) and Section 18.46.050(Transitional Uses),
Section 18.46.060 (Administrative Temporary Use Perm:its), Section 18.46.070
(Conditions), Section 19.46.080 (Coordination with other City Codes) and Section
18.46.090 (Homefess Encarnpments). Proposed amendments to this Chapter would
change the land use deeision-making process for the majority of .temporary uses from
fhe Hearing: Examiner to the Ptanning Director or designee and clarify types, extent and
: conditions for the regulation of temporary uses, Eacisting Sections of this Chapter may_be
changed or modified or relocated or deleted and/or new sections may be added. The
Planning Commission in its role as an advisory body to the Aubum City Council wiN
make a voted-on recommendation fo the City Council on the proposed amendments.
Page 1
AUBURN 'k MORE THAN YOU IMAGINED
C. Amendments to Title 18 (Zoning) of Auburn City Code - Administrative Use
Permits & Conditional Use Permits
(Staff.• Senior Planner Chris Andersen/Assistanf Direc#or Kevin Snyder)
The Planning Commission will conduct a public hearing and acc8pt oral and/or written
testimony on proposed amendmenfs to the following Chapters and/or Sections of the
Auburn City Code for the purpose of implementing and clarifying regulations for
administrative use permits and conditional use permits: Chapter 18.02 (General
Provisions) affecting Section 18.02.120; Chapter 18.04 (Definitions) amending and/or
adding new definitions; Chapter 18.07 (Residential Zones) affecting Section 18.07.020;
Chapter 18.09 (Manufactured/Mobile Home Community Zone) affecting Section
18.09.020; Chapter 18.22 (Residential Office and Residential Office-Hospital District)
affecting Sections 18.22.020 and 18.22.030; Chapter 18.24 (Neighborhood Shopping
District) affecfing Section 18.24.030; Chapter 18.26 (Light Commercial District) affecting
Sections 18.26.020 and 18.26.030; Chapter 18.28 (Central Business District) affecting
Sections 18.28.020 and 18.28.030; Chapter 18.29 (Downtown Urban Center District)
affecting Section 18.29.055; Chapter 18.30 (Heavy Commercial District) affecting
Section 18.30.030; Chapter 18.32 (Light Industrial District) affecting Sections 18.32.020
and 18.32.040; Chapter 18.33 (Environmental Park District) affecting Sections 18.33.030
and 18.33.050;Chapter 18.34 (Heavy Industrial Dist(ct) affecting Section 18.34.040;
Chapter 18.36 (Business Park District) affecting Section 18.36.030; Chapter 18.40
(Public Use Dist(ct) affecting Section 18.40.030; Chapter 18.44 (Institutional Use
District) affecting Section 18.44.030; Chapter 18.50 (Landscaping and Screening)
affecting Section 18.50.050; Chapter 18.54 (Nonconforming Structures, Land and Uses)
affecting Section 18.54.060; Chapter 18.64 (Administrative and Conditional Use Permifs)
affecting all Sections 18.64.010 through 18.64.070; Chapter 18.70 (Variances, Special
Exceptions, and Administrative Appeals) affecting Sections 18.70.010 and 18.70.020;
Chapter 18.76 (Planned Unit Development District-Lakeland Hills South affecting
Section 18.76.040; and Chap#er 18.78 (Terrace View District) affecting Section
18.78.020. The Planning Commission in its role as an advisory body to the Aubum City
Council will make a voted-on recommendation to the City Council on the proposed
amendments.
The public hearing wiU be held in the Council Chambers, Auburn City Hall, located at 25
West Main Street. TFie public is invited to attend to express comments or opinions.
Written cornrnenfs may be subrnitted up untit and: at the public hearing to the City of
Auburn Planning, Building, and Communi#y Department, 25 West Main Street, Auburn,
WA 98001-4988. If you have further comrnents or questions regarding Public Hearing ,
Item A, please contacf Elizabeth Chamberlain, A1CP, Principal Planner at 253.931.3092 or '
echamberlain@auburnwa.gov. If you have further comments or questions regarding
Public Hearing Items B and C, please confact Kevin Snyder, AICP, Assistant Director at
253.876.1982 or ksnyder@,auburnwa.gov or Chris Andersen, Senioc Planner at
253876.1962 or candersen@auburnwa.gov
For citizens with speech, sight or hearing disabilities wishing fo review documents
pertaining to this hearing, should contacf the City of Auburn within 10 calendar days
prior to: the meeting, as: to the type of service or equipment needed. Each request will be
considered individually according to the type of request, the availability of resources,
and the financial ability of the City to provide the requested services or equipment.
Page 2
Page 1 of 1
~XHIB1~'
Kevin Snyder
From: Kevin Snyder
Sent: Friday, September 04, 2009 1:54 PM
To: 'reviewteam@cted.wa.gov'
Cc: Chris Andersen
Subject: Notice of Proposed Amendments to Auburn City Code - Chapter 18.46 & Multiple Chapters Clarifying
Administrative Use Permits and Conditional Use Permits
Attachments: Microsoft Word - WACommerce Expedited Review request ACC 18.46.pdf; Microsoft Word -
Ch18.46TemporaryUsesRevisionsDraft_v2.pdf; Microsoft Word - WACommerce Expedited Review
requestAdminUseCondUsePermits.pdf; Microsoft Word - Draft adm and cond use amendments 09 04
09.pdf
September 4, 2009
ATTN: WA Dept of Commerce Development Regulation Review Team
Dear Review Team,
The City of Auburn proposes the following amendments to the Auburn City Code:
• Amendments to Chapter 18.46 (Temporary Uses) to the Auburn
• Amendments to Auburn City Code for the purpose of implementing and clarifying regulations for administrative use
permits and conditional use permits
Please find attached the following documents in Adobe PDF format that show the proposed amendments:
• Two (2) Requests for Expedited Review of Development Regulations
• Draft amendments, Chapter 18.56 Auburn City Code (ACC)
. Draft Amendments to Auburn City Code, Administrative Use Permits and Conditional Use Permits
The City of Auburn is requesting state agency expedited review for the proposed amendments as provided for in RCW
36.70A.106. The proposed amendments are intended to clarify current regulatory inconsistencies and vagueness. The
City of Auburn Planning Commission plans to hold a public hearing on the proposed amendments on September 9, 2009,
with City Council consideration and possible adoption action currently scheduled for October 5, 2009.
Please feel free to contact me at 253-876-1982 or ksnyder -auburnwa.gov if you have any questions or require additional
information.
Kevin Snyder, AICP
Assistant Direcfor - Planning, Building & Community
City of Auburn
Direct: 253-876-1982
E-Mail: ksnyder@auburnwa.gov
9/4/2009
. washington departnient +R
V i economic development
Request for Expedited Review
of Development Regulations
Pursuant to RCW 36.70A.106, the following hereby provides notice of intent to adopt and requ.ests
expedited state agency review of the following development regulation or amendments.
Jurisdiction Name: City of Auburn
Address:
25 West Main Street, Auburn, WA 98001
Date:
September 4, 2009
Contact Name for Ordinance:
Kevin Snyder, AICP, Assistant Director,
Planning, Building & Community Dept.
Phone Number:
253-876-1982
Fax Number:
253-804-3114
E-Mail Address:
ksnyder@auburnwa.qov
Brief Description of the Amendments to Chapter 18.4 6 of the
Proposed Development puburn City Code (ACC) relating to
Regulation or Amendment: regulations for temporary uses.
Planned Public Hearing Date:
September 9, 2009
Planned Date of Adoption:
October 5, 2009
Please Attach a Draft of the
Proposed Amendment. Please find draft of proposed
(Attachment Required) amendments attached.