HomeMy WebLinkAboutITEM V-CWASHINGTON
Memorandum
Planning and Development Dept.
To: Councilmember Lynn Norman, Chair, Planning and Community Development
Committee
Councilmember Nancy Backus, Vice- Chair, Planning and Community Development
Committee
Councilmember John Partridge, Member, Planning and Community Development
Committee
From: Elizabeth Chamberlain, AICP, Planning Manager
CC: Kevin Snyder, AICP, Director of Planning and Development
Date: May 2, 2011
Re: Historic Preservation Strategies
Background
The City of Auburn has invested in historic preservation in several different ways over the years.
The City has conducted two inventories; in 2004 a citywide survey and inventory of historic
resources looking at structures built between 1890 and 1942 and one focused on downtown
conducted in 1988. Staff will bring to the meeting the walking tour brochures.
In 1995, the City entered into an Interlocal Agreement with King County to provide services
relating to Landmark Designation and Protection Services. Two sites within Auburn recently
received a landmark designation in addition to already being designated on the State and
National Registers. Those locations are the Carnegie Library structure (Auburn Dance) located
at 306 Auburn Avenue and Mary Olson Farm located on Green River Road.
Discussion Questions:
During the October 2010 City Council Retreat as well as discussed at previous council retreats,
the City Council desires to implement a Historic Preservation Strategy. Currently, the City works
with property owners on a King County Landmarks process if initiated by the property owner. At
the May 9, 2011 committee meeting, staff would like to have a discussion with the Committee
using the below questions as a starting point.
1. What is the Committee's vision for historic preservation within the City of Auburn?
2. Does the City want to take a more active role with property owners in historic preservation,
designation of landmarks, or nomination for state/national register?
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AUBURN * MORE THAN YOU IMAGINED
3. If yes, then what should the active role be? Should the City initiate a conversation with
property owners of potential landmark structures?
4. Should the City provide a more focused level of service to property owners that are
designated as historic structures or are seeking a historic designation? This focused level
of service could include walkthroughs by the building official, expedited permit review, or
different permit fee structure.
5. An educational brochure could be developed for property owners outlining the process of
designating a structure historic. Should staff explore this idea further?
Attachments:
A. Resolution No. 2623
B. Auburn City Code Chapter 15.76
C. King County Code Chapter 20.62
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AUBURN * MORE THAN YOU IMAGINED
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RESOLUTION NO. 2 6 2 3
Attachment A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT FOR LANDMARK SERVICES WITH KING COUNTY.
WHEREAS, the City of Auburn desires to protect and
preserve the historic buildings, structures, districts, sites,
objects, and archaeological sites within the City for the
benefit of present and future generations; and
WHEREAS, the City does not have the organization and
personnel to do so; and
WHEREAS, the County is able to provide landmark
designation and protection services for the City; and
WHEREAS, it is in the public interest that the
jurisdictions cooperate to provide efficient and cost
effective landmark designation and protection; and
WHEREAS, pursuant to RCW 39.34, the Interlocal
Cooperation Act, the parties are each authorized to enter into
an agreement for cooperative action;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
SECTION 1. AGREEMENT. The Mayor and City Clerk of
the City of Auburn are herewith authorized to execute an
Interlocal Agreement for Landmark Services with King County.
Resolution No. 2623
March 14, 1995
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A copy of said Agreement is attached hereto and denominated
Exhibit "A".
SECTION 2. AUTHORIZATION. The Mayor is hereby
authorized to implement such administrative procedures as may
be necessary to carry out the directives of this legislation.
DATED and SIGNED this 20th day of March, 1995
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Resolution No. 2623
March 14, 1995
Page 2
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Michael J. Reynolds,
City Attorney
March 29, 1995
420B2 CVG
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Introduced By:
Proposed No.:
LARRY PHILLIPS
BRIAN DFRDOWSKI
95-304
MOTION NO V J
U,y2
A MOTION authorizing the county executive to enter into
interlocal agreements with the cities of Auburn, Black Diamond,
North Bend, Skykomish and Snoqualmie relating to landmark
designation and protection services.
WHEREAS, the cities of Auburn, Black Diamond, North Bend, Skykomish and
Snoqualmie desire to protect and preserve historic buildings, structures, districts, sites and
objects within their city limits, and
WHEREAS, the county interested in providing landmark designation and protection
services to the cities, consistent with the finding of Ordinance 10474, and
WHEREAS, the county is able and willing to provide the requested municipal
services;
NOW, THEREFORE BE IT MOVED by the County of King County:
The county executive is authorized to execute interlocal agreements, substantially in
the form attached, with the cities of Auburn, Black Diamond, North Bend, Skykomish and
Snoqualmie for the county to provide landmark designation and protection services.
PASSED by a vote ofLJ_ to 4) this ,S day of 19
KING COUNTY COUNCIL
KING COUNTY, WASHINGTON
Chair
ATTEST:
Clerk of the Council
Attachment: Interlocal Agreement Relating to Landmark Designation and Protection Services
-1-
9584
Interlocal Agreement for Landmark Services
AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF
RELATING TO LANDMARK DESIGNATION AND PROTECTION SERVICES
THIS IS AN AGREEMENT between King County, a home rule charter county and a
political subdivision of the State of Washington, hereinafter referred to as the "County," and the
City of a municipal corporation of the State of Washington, hereinafter
referred to as the "City".
WHEREAS, the City is incorporated ; and
WHEREAS, local governmental authority and jurisdiction with respect to the designation
and protection of landmarks within the city limits resides with the City; and
WHEREAS, the City desires to protect and preserve the historic buildings, structures,
districts, sites, objects, and archaeological sites within the City for the benefit of present and
future generations; and
WHEREAS, the City does not have the organization and personnel to do s6; and
WHEREAS, the County is able to provide landmark designation and protection services
for the City; and
WHEREAS, it is in the public interest that the jurisdictions cooperate to provide efficient
and cost effective landmark designation and protection; and
WHEREAS, pursuant to R.C.W. 39.34, the lnterlocal Cooperation Act, the parties are
each authorized to enter into an agreement for cooperative action;
NOW THEREFORE, the County and the City hereby agree:
1. Services. The County shall provide landmark designation and protection services using the
criteria and procedures adopted in King County Ordinance 10474, K.C.C. 20.62 within the City
limits.
2. City's Responsibilities. In support of the County in the designation and protection of
landmarks the City shall:
A. Adopt an ordinance establishing regulations and procedures for the designation of
historic buildings, structures, objects, districts, sites, objects, and archaeological sites as
landmarks and for the protection of landmarks. Regulations and procedures shall be
substantially the same as the regulations and procedures set forth in King County Ordinance
10474, K.C.C. 20.62. The ordinance shall provide that the King County Landmarks and
Heritage Commission shall have the authority to designate and protect landmarks within the City
limits in accordance with the City ordinance. The ordinance shall include:
1. Provision for the appointment of a special member to the King County
Landmarks and Heritage Commission as contemplated by K.C.C. 20.62.030.
lnterlocal AgreememlLandmark Services - Page 1
9P"'84
2. A provision that appeals from decisions of the King County Landmarks and
Heritage Commission pertaining to real property within the city limits shall be
taken to the city council.
3. Provisions for penalties for violation of the certificate of appropriateness
procedures.
4. A provision that the official responsible for the issuance of building and related
permits shall promptly refer applications for permits which affect historic
buildings, structures, objects, sites, districts, or archaeological sites to the King
County Historic Preservation Officer (HPO) for review and comment. The
responsible official shall seek and take into consideration the comments of the
HPO regarding mitigation of any adverse effects affecting historic buildings,
structures, objects, sites or districts.
B. Appoint a Special Member to the King County Landmarks and Heritage Commission
in accordance with the ordinance adopted by the City. Pursuant to K.C.C. 20.62 such Special
Member shall be a voting member of the King County Landmarks and Heritage Commission on
all matters relating to or affecting landmarks within the City.
C. Except as to Section 5.2, the services provided by the County pursuant to this
agreement do not include legal services.
3. Corn Responsibilities.
A. Process all nominations for designation as a landmark or community landmark made
on properties within the City.
B. Conduct design review, planning, training, and public information activities necessary
to support landmarking activities. Design review, planning, training, and public information
tasks shall be defined by mutual agreement of both parties. If the City does not appoint its own
Design Review Board to review proposals to make changes to landmarks and to issue
Certificates of Appropriateness for such changes in accordance with the procedures and criteria
set forth in the local landmark ordinance adopted under 2. A. above., the King County
Landmarks and Heritage Commission shall serve as the local Design Review Board.
C. A copy of the Commission's designation report or decision'rejecting a nomination
shall be delivered to the City in addition to the parties specked in K.C.C. 20.62 within five (5)
working days after it is issued.
D. A copy of the designation report shall be filed with the County Recorder by the HPO
together with a legal description of the designated property and the notification that the
provisions of the City ordinance apply.
E. Process applications for Certificates of Appropriateness to demolish, move, or make
alterations in any significant feature of a landmark within the City limits as provided for by
compensation.
Interlocal AgreementA andmark Services - Page 2
9584
F. The King County Landmarks and Heritage Commission shall act as the "Local
Review Board" for the purposes related to Chapter 221, 1986 Laws of Washington, (R.C.W.
84.26 and WAC 254.20) for the special valuation of historic properties within the City limits.
G. The HPO shall review and comment on applications for permits which affect historic
buildings, structures, objects, sites, districts, and archaeological sites. Comments shall be
forwarded to the city official responsible for the issuance of building and related permits.
4. Compensation.
A. Costs. The City shall reimburse the County fully for all costs incurred in providing
services under this contract, including overhead and indirect administrative costs. Costs charged
to the City may be reduced by special appropriations, grants, or other supplemental funds, by
mutual agreement of both parties. The rate of reimbursement for labor costs to the County costs
shall be revised annually. Addendum A contains 1994 labor costs. Maximum total cost to the
City shall be revised annually. Addendum B contains the 1994 maximum cost to the City for
reimbursable services.
B. Billing. The cost of services shall be billed quarterly. The quarterly bill shall reflect
actual costs plus the annual administrative overhead rate. Payments are due within 30 days of
invoicing by the County.
5. Indemnification.
A. The County shall indemnify and hold harmless the City and its officers, agents and
employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses,
and damages of any nature whatsoever, by reason or arising out of any negligent act or omission
of the County, its officers, agents, and employees, or any of them, in providing services pursuant
to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is
brought against the City, the County shall defend the same at its sole cost and expense; provided,
that the City retains the right to participate in said suit if any principle of governmental or public
law is involved; and if final judgment be rendered against the City and its officers, agents,
employees, or any of them, or jointly against the City and the County and their respective
officers, agents and employees, or any of them, the County shall satisfy the same.
B. In executing this agreement, the County does not assume liability or responsibility for
or in any way release the City from any liability or responsibility which arises in whole or in pan
from the existence or effect of City ordinances, rules or regulations, polices or procedures. If any
cause, claim, suit, actions or administrative proceeding is commenced in the enforceability
and/or validity or any City ordinance, rule or regulation is at issue, the City shall defend the same
at its sole expense and if judgement is entered or damages are awarded against the City, the
County, or both, the City shall satisfy the same, including all chargeable costs and attorneys'
fees.
C. The City shall indemnify and hold harmless the County and its officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses
and damages of any nature whatsoever, by reason of or arising out of any negligent act or
omission of the City, its officers, agents, and employees, or any of them. In the event that any
suit based upon such a claim, action, loss or damage is brought against the County, the City shall
tnterlocal AgreementA-andmark Services - Page 3
9554
defend the same at its sole cost and expense; provided that the County retains the right to
participate in said suit if any principle of governmental or public laws is involved; and if final
judgment be rendered against the County, and its officers, agents, and employees, or any of them,
the City shall satisfy the same.
D. The City and the County acknowledge and agree that if such claims, actions, suits,
liability, loss, costs, expenses and damages are caused by or result from the concurrent
negligence of-the City, its agents, employees, and/or officers and the County, its agents,
employees, and/or officers, this Article shall be valid and enforceable only to the extent of the
negligence of each party, its agents, employees and/or officers.
6. Duration. This agreement is effective beginning upon execution, and shall continue
automatically from year to year until it is terminated by forty-five days written notice from either
party to the other.
Administration. This agreement shall be administered for the County by the Manager of the
Cultural Resources Division, or the manager's designee, and for the City by the City Manager or
the manager's designee.
8. Amendments. This Agreement may be amended at any time by mutual agreement of the
patties.
IN WITNESS WHEREOF, the parties have executed this agreement this day of
, 1995.
CITY OF
By:
Title:
KING COUNTY
By:
King County Executive
Approved as to form:
By:
King County Prosecutor
Interlocal Agreement/Landmark Services - Page 4
Interlocal Contract for Historic Preservation Services
Addendum A: King County Labor Costs
9584 ~
The following hourly rates for County-provided historic preservation services apply for 1995.
The hourly figure incorporates wages, benefits, and overhead as set in the 1994 Indirect Cost
Rate Plan for the Cultural Resources Division of the Parks, Planning and Resources Department.
The figure is adjusted to account for vacation, sick leave and holidays and thus reflects actual
working hours.
Historic Preservation Officer: $49.42 per hour
Preservation Planner: $43.30 per hour
Design Review Coordinator: $35.67 per hour
Cultural Resource Specialist/Planner: $22.62 per hour
Executive Secretary: $28.11 per hour
Interlocal AgreemerVLandmark Services - Page 5
9584
Addendum B: City of Expenditure Maximum
During the calendar year 1995, total reimbursable costs billable to the City for historic
preservation services provided by the County under this interlocal agreement shall not exceed
Interlocal Agreemenul andmark Services - Page 6
ORIGINAL
Interlocal Agreement for Landmark Services
AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN
RELATING TO LANDMARK DESIGNATION AND PROTECTION SERVICES
THIS IS AN AGREEMENT between King County, a home rule charter county and a
political subdivision of the State of Washington, hereinafter referred to as the
"County," and the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as the "City".
WHEREAS, the City is incorporated; and
WHEREAS, local governmental authority and jurisdiction with respect to the
designation and protection of landmarks within the city limits resides with
the City; and
WHEREAS, the City desires to protect and preserve the historic buildings, structures,
districts, sites, objects, and archaeological sites within the City for the
benefit of present and future generations; and
WHEREAS, the City does not have the organization and personnel to do so; and
WHEREAS, the County is able to provide landmark designation and protection
services for the City; and
WHEREAS, it is in the public interest that the jurisdictions cooperate to provide
efficient and cost effective landmark designation and protection; and
WHEREAS, pursuant to R.C.W. 39.34, the Interlocal Cooperation Act, the parties are
each authorized to enter into an agreement for cooperative action;
NOW THEREFORE, the County and the City hereby agree:
1. Services
The County shall provide landmark designation and protection services using the
criteria and procedures adopted in King County Ordinance 10474, K.C.C. 20.62 within
the City limits.
2. City's Responsibilities
In support of the County in the designation and protection of landmarks the City shall:
A. Adopt an ordinance establishing regulations and procedures for the designation of
historic buildings, structures, objects, districts, sites, and archaeological sites as
landmarks and for the protection of landmarks. Regulations and procedures shall be
1
. 2c.P23
substantially the same as the regulations and procedures set forth in King County
Ordinance 10474, K.C.C. 20.62. The ordinance shall provide that the King County
Landmarks and Heritage Commission shall have the authority to designate and protect
landmarks within the City limits in accordance with the City ordinance. The ordinance
shall include:
1. Provision for the appointment of a special member to the King County
Landmarks and Heritage commission as contemplated by K.C.C. 20.62.030
2. A provision that appeals from decisions of the King County Landmarks and
Heritage Commission or the local Design Review Board pertaining to real
property within the city limits shall be taken to the city's hearing examiner in
accordance with procedures specified in Section 18.66.160 of the Auburn
Zoning Ordinance.
3. Provisions for penalties for violation of the certificate of appropriateness
procedures.
4. A provision that the official responsible for the issuance of building and
related permits shall promptly refer applications for permits which affect
historic buildings, structures, objects, sites, districts, or archaeological sites to
the King County Historic Preservation Officer (HPO) for review and comment.
The responsible official shall seek and take into consideration the comments of
the HPO regarding mitigation of any adverse effects affecting historic buildings,
structures, objects, sites, or districts.
5. Provision for the establishment of a City Design Review Board. The City
also has the option to have the King County Landmarks and Heritage
Commission serve as the local Design Review Board in a temporary capacity,
or for the length of the agreement. The Design Review Board would be
responsible for reviewing proposals to make alterations to designated
landmarks. The Board would issue Certificates of Appropriateness for such
changes in accordance with the procedures and criteria set forth in the local
landmark ordinance adopted under this section.
B. Appoint a Special Member to the King County Landmarks and Heritage
Commission in accordance with the ordinance adopted by the City. Pursuant to K.C.C.
20.62 such Special Member shall be a voting member of the King County Landmarks
and Heritage Commission on all matters relating to or affecting landmarks within the
City.
C. Except as to Section 5.2, the services provided by the County pursuant to this
agreement do not include legal services.
2
D. Appeals from any decision made under this interlocal agreement may be made in
accordance with Chapter of 18.66 of the City of Auburn Zoning Ordinance. This
procedure allows for review and recommendation by the City Hearing Examiner, with
final authority resting with the City Council.
3. County Responsibilities
A. Process all nominations for designation as a landmark or community landmark made
on properties within the City.
B. Conduct design review, planning, training, and public information activities
necessary to support landmarking activities. Design review, planning, training, and
public information tasks shall be defined by mutual agreement of both parties. If the
City does not appoint its own Design Review Board to review proposals to make
changes to landmarks and to issue Certificates of Appropriateness for such changes in
accordance with the procedures and criteria set forth in the local landmark ordinance
adopted under 2.A. above, the King County Landmarks and Heritage Commission shall
serve as the local design review Board.
C. A copy of the Commission's designation report or decision rejecting a nomination
shall be delivered to the City, in addition to the parties specified in K.C.C. 20.62,
within five (5) working days after it is issued.
D. A copy of the designation report shall be filed with the County Recorder by the
HPO together with a legal description of the designated property and the notification
that the provisions of the City ordinance apply.
E. Process applications for Certificates of Appropriateness to demolish, move, or make
alterations in any significant feature of a landmark within the City limits, as provided
for by compensation.
F. The King County Landmarks and Heritage Commission shall act as the "Local
Review Board" for the purposes related to Chapter 221, 1986 Laws of Washington,
(R.C.W. 84.26 and WAS 254.20) for the special valuation of historic properties within
the City limits.
G. The HPO shall review and comment on applications for permits which affect
historic buildings, structures, objects, sites, districts, and archaeological sites.
Comments shall be forwarded to the city official responsible for the issuance of
building and related permits.
4. Compensation
A. Costs. The City shall reimburse the County fully for all costs incurred in providing
services under this contract, including overhead and indirect administrative costs. Costs
charged to the City may be reduced by special appropriations, grants or other
3
supplemental funds, by mutual agreement of both parties. The rate of reimbursement
for labor costs to the County costs shall be revised annually. Addendum A contains
1995 labor costs. Maximum total cost to the City shall be revised annually. Addendum
B contains the 1995 maximum cost to the City for reimbursable services.
B. Billing. The cost of services shall be billed quarterly. The quarterly bill shall reflect
actual costs plus the annual administrative overhead rate. Payments are due within 30
days of invoicing by the County.
5. Indemnification
A. The County shall indemnify and hold harmless the City and its officers, agents and
employees or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by reason or arising out of any
negligent act or omission of the County, its officers, agents, and employees, or any of
them, in providing services pursuant to this agreement. In the event that any suit based
upon such a claim, action, loss, or damage is brought against the City, the county shall
defend the same at its sole cost and expense; provided that the city retains the right to
participate in said suit if any principle of governmental or public law is involved; and if
final judgment be rendered against the City and its officers, agents and employees, or
any of them, or jointly against the City and the County and their respective officers,
agents and employees, or any of them, the County shall satisfy the same.
B. In executing this agreement, the County does not assume liability or responsibility
for or in any way release the City from any liability or responsibility which arises in
whole or in part from the existence or effect of City ordinances, rules or regulations,
policies or procedures. If any cause, claim, suit, actions or administrative proceeding is
commenced in the enforceability and/or validity or any city ordinance, rule or
regulation is at issue, the City shall defend the same at its sole expense and if judgment
is entered or damages are awarded against the City, the County, or both, the City shall
satisfy the same, including all chargeable costs and attorneys' fees.
C. The City shall indemnify and hold harmless the County and its officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses and damages of any nature whatsoever, by reason of or arising out of any
negligent act or omission of the City, its officers, agents, and employees, or any of
them. In the event that any suit based upon such a claim, action, loss or damage is
brought against the County, the City shall defend the same at its sole cost and expense;
provided that the County retains the right to participate in said suit if any principle of
governmental or public laws is involved; and if final judgment shall be rendered against
the County, and its officers, agents, and employees, or any of them, the city shall
satisfy the same.
D. The City and the County acknowledge and agree that if such claims, actions, suits,
liability, loss, costs, expenses and damages are caused by or result from the concurrent
4
negligence of the City, its agents, employees, and/or officers and the County, its
agents, employees, and/or officers, this Article shall be valid and enforceable only to
the extent of the negligence of each party, its agents, employees and/or officers.
6. Duration
This agreement is effective beginning upon execution, and shall continue automatically
from year to year until it is terminated by forty-five days written notice from either
party to the other.
Administration
This agreement shall be administered for the County by the Manager of the Cultural
Resources Division, or the manager's designee, and for the City by the Planning
Director or the Planning Director's designee.
8. Amendments
This agreement may be amended at any time by mutual agreement of the parties.
IN WITNESS WHEREOF, the parties have executed this agreement this Oz~27klay
of , 1995.
CITY UBURN
By:.
Mayor, City of Auburn
Appro a to
By:
City Attorney
Attested By: (N~~GCL/~~
City Clerk
KINC
By:
Approved as t rm:
By:
King County Prosecutor
5
Interlocal Contract for
Historic Preservation Services
Addendum A: King County Labor Costs
The following hourly rates for County-provided historic preservation services apply for
1995. The hourly figure incorporates wages, benefits, and overhead as set in the 1994
Indirect Cost Rate Plan for the Cultural Resources Division of the Parks, Planning and
Resources Department. The figure is adjusted to account for vacation, sick leave and
holidays and thus reflects actual working hours.
Historic Preservation Officer (HPO) $49.42 per hour
Preservation Planner $43.30 per hour
Design Review Coordinator $35.67 per hour
Cultural Resource Specialist/Planner $22.62 per hour
Executive Secretary $25.47 per hour
6
Interlocal Contract for
Historic Preservation Services
Addendum B: City of Auburn Expenditure Maximum
During the calendar year 1995, total reimbursable costs billable to the City for historic
preservation services provided by the County under this interlocal agreement shall not
exceed $3000.00.
e Ashare\intrlod
7
CHARLES A. BOOTH, MAYOR
Michael J. Revnolds. Cib Attornc.N
Judith C. Ausman, Assistant Cit_v Attorncv
Karen C. Gulliver. Prosecutor
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
AUBURN CITY ATTORNEY
1) ) 25 West Main, Auburn WA 98001-4998
(206) 931-3030
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and Code
City, situate in the County of King, State of Washington, do
hereby certify that the foregoing is a full, true and correct
copy of Resolution No. 2623 of the resolutions of the City of
Auburn, entitled "RESOLUTION NO."
I certify that said Resolution No. 2623 was duly passed by
the Council and approved by the Mayor of the said City of Auburn,
on the 20th day of March, 1995.
Witness my hand and the seal of the City of Auburn this 16th
day of February, 1996.
Robin Wohlhueter
City Clerk
City of Auburn
Chapter 15.76 HISTORIC PRESERVATION
Pagel of 3
Chapter 15.76 Attachment B
HISTORIC PRESERVATION
Sections:
15.76.010
Purpose.
15.76.020
Landmarks and heritage commission.
15.76.030
Incorporation of King County provisions.
15.76.040
Appeal procedure.
15.76.050
Severability.
15.76.010 Purpose.
The purposes of this chapter are to:
A. Designate, preserve, protect, enhance, and perpetuate those sites, buildings, districts,
structures and objects which reflect significant elements of Auburn's, the county's, state's and
nation's cultural, aesthetic, social, economic, political, architectural, ethnic, archaeological,
engineering, historic, and other heritage;
B. Poster civic pride in the beauty and accomplishments of the past;
C. Stabilize and improve the economic values and vitality of landmarks;
D. Promote heritage-related tourism;
E. Promote the continued use, exhibition and interpretation of significant sites, districts,
buildings, structures and objects for the education, inspiration and welfare of the people of
Auburn;
F. Promote and continue incentives for ownership and utilization of landmarks;
G. Assist, encourage and provide incentive to public and private owners for preservation,
restoration, rehabilitation and use of landmark buildings, sites, districts, structures and objects;
H. Work cooperatively with other jurisdictions to identify, evaluate and protect historic resources
in furtherance of the purposes of this chapter. (Ord. 5212 § 1 (Exh. M), 1999; Ord. 4733 § 2,
1995.)
15.76.020 landmarks and heritage commission.
A. The King County landmarks and heritage commission established pursuant to King County
Code (KCC), Chapter 20.62, is hereby designated and empowered to act as the landmarks
commission for the city pursuant to the provisions of this chapter.
B. The special member of the King County landmarks and heritage commission provided for in
KCC 20.62.030 shall be appointed by the mayor, subject to confirmation of the city council. Such
special member shall be an Auburn resident who has a demonstrated interest in historic
preservation. Such appointment shall be made for a three-year term.
In the event of a vacancy, an appointment shall be made to fill the vacancy in the same manner
and with the same qualifications as if at the beginning of the term, and the person appointed to
fill the vacancy shall hold the position for the remainder of the unexpired term. Such special
member may be reappointed, but may not serve more than two consecutive three-year terms.
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Chapter 15.76 HISTORIC PRESERVATION
Page 2 of 3
Such special member shall be deemed to have served one full term if such special member
resigns at any time after appointment or if such special member serves more than two years of
an unexpired term.
The special members of the commission shall serve without compensation.
C. The commission shall not conduct any public hearings required under this chapter with
respect to properties located within the city of Auburn until the commission's rules and
regulations, including procedures consistent with this chapter, have been filed with the city clerk.
(Ord. 5212 § 1 (Exh. M), 1999; Ord. 4733 § 2, 1995.)
15.76.030 Incorporation of King County provisions.
The following sections of Chapter 20.62 KCC, which are attached to the ordinance codified in
this chapter, are incorporated by reference the same as though they were set forth herein and
made a part of this chapter:
A. KCC 20.62.020 Definitions, except as follows:
1. Paragraph F is changed to read: "Council" is the Auburn city council.
2. Paragraph P is changed to read: "Manager" is the Auburn building official.
B. KCC 20.62.040 Designation Criteria, except all references to "King County" are changed to
read: "Auburn."
C. KCC 20.62.050 Nomination Procedure.
D. KCC 20.62.070 - Designation Procedure, except all references to "King County" are changed
to read: "Auburn."
E. KCC 20.62.080 - Certificate of Appropriateness Procedures, except the last sentence of
paragraph A thereof.
F. KCC 20.62.100 - Evaluation of Economic Impact.
G. KCC 20.62.130 - Penalty for Violation of Section 20.62.080 (Paragraph E, above).
H. KCC 20.62.140 Special Valuation for Historic Properties. (Ord. 5212 § 1 (Exh. M), 1999;
Ord. 4733 § 2, 1995.)
15,76.040 Appeal procedure.
A. Any person aggrieved by a decision of the commission designating or rejecting a nomination
for designation of a landmark or issuing or denying a certificate of appropriateness may, within
35 calendar days of mailing notice of such designation or rejection of nomination, or of such
issuance or denial or approval of a certificate of appropriateness, appeal such decision in writing
to the hearing examiner pursuant to Chapter 18.66 ACC. The written notice of appeal shall be
filed with the planning director and shall be accompanied by a statement setting forth the
grounds for the appeal, supporting documents, and argument.
B. If, after examination of the written appeal and the record, the examiner determines that:
1. An error in fact may exist in the record, it shall remand the proceeding to the commission
for reconsideration or, if the council determines that:
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Chapter 15.76 HISTORIC PRESERVATION Page 3 of 3
2. The decision of the commission is based on an error in judgment or conclusion, it may
modify or reverse the decision of the commission.
C. The examiner's decision shall be based solely upon the record; provided, that the examiner
may at his or her discretion publicly request additional information of the appellant, the
commission or the planning director.
D. The examiner shall take final action on any appeal from a decision of the commission by
entering written findings of fact and conclusions of law from the record and reasons therefrom
which support its action. The examiner may adopt all or portions of the commission's findings
and conclusions.
E. The decision of the examiner is final unless an appeal is filed pursuant to ACC 18.66.160. An
appeal may also be filed by the King County landmarks and heritage commission to the planning
director, who will forward the appeal to the city council.
F. The action of the city council sustaining, reversing, modifying or remanding a decision of the
examiner shall be final unless within twenty calendar days from the date of the action an
aggrieved person obtains a writ of certiorari from the superior court of King or Pierce County,
state of Washington, for the purpose of review of the action taken. (Ord. 5212 § 1 (Exh. M),
1999; Ord. 4733 § 2, 1995.)
15.76.050 Severability,
If any provision of this chapter or its application to any person or circumstances is held invalid,
the remainder of the chapter or the application of the provision to other persons or
circumstances is not affected. (Ord. 5212 § 1 (Exh. M), 1999; Ord. 4733 § 2, 1995.)
This page of the Auburn City Code is current through
Ordinance 6292, passed February 1, 2010.
Disclaimer: The City Cleric's Office has the official version of the
Auburn City Code. Users should contact the City Clerk's Office for
ordinances passed subsequent to the ordinance cited above.
City Website: http://www.auburnwa.gov/
City Telephone: (253) 931-3000
Code Publishing Company
http://www.codepublisliiiig.coiii/wa/A-tiburn/Auburti l 5/Auburn l 576,httii] 51512011
Attachment C
PROTECTION AND PRESERVATION OF LANDMARKS,
LANDMARK SITES AND DISTRICTS
Chapter 20.62
PROTECTION AND PRESERVATION OF LANDMARKS,
LANDMARK SITES AND DISTRICTS
Sections:
20.62.010
Findings and declaration of purpose.
20.62.020
Definitions.
20.62.030
Landmarks commission created - membership and organization.
20.62.040
Designation criteria.
20,62.050
Nomination procedure.
20,62.070
Designation procedure.
20.62.080
Certificate of appropriateness procedure.
20.62.100
Evaluation of economic impact.
20.62.1 10
Appeal procedure.
20.62.120
Funding.
20.62.130
Penalty for violation of Section 20.62.080.
20.62.140
Special valuation for historic properties.
20.62.150
Historic Resources - review process.
20.62.160
Administrative rules.
20.62
(King County 12-2010)
20-113
BLANK
20-114
PROTECTION AND PRESERVATION OF LANDMARKS, 20.62.010
LANDMARK SITES AND DISTRICTS
20.62.010 Findings and declaration of purpose. The King County council finds that.,
A. The protection, enhancement, perpetuation and use of buildings, sites, districts, structures and
objects of historical, cultural, architectural, engineering, geographic, ethnic and archaeological significance
located in King County, and the collection, preservation, exhibition and interpretation of historic and
prehistoric materials, artifacts, records and information pertaining to historic preservation and archaeological
resource management are necessary in the interest of the prosperity, civic pride and general welfare of the
people of King County.
B, Such cultural and historic resources are a significant part of the heritage, education and
economic base of King County, and the economic, cultural and aesthetic well-being of the county cannot be
maintained or enhanced by disregarding its heritage and by allowing the unnecessary destruction or
defacement of such resources.
0. Present heritage and preservation programs and activities are inadequate for insuring present
and future generations of King County residents and visitors a genuine opportunity to appreciate and enjoy
our heritage.
0. The purposes of this chapter are to:
1. Designate, preserve, protect, enhance and perpetuate those sites, buildings, districts, structures
and objects which reflect significant elements of the county's, state's and nation's cultural, aesthetic, social,
economic, political, architectural, ethnic, archaeological, engineering, historic and other heritage;
2. Foster civic pride in the beauty and accomplishments of the past;
3. Stabilize and improve the economic values and vitality of landmarks;
4. Protect and enhance the county's tourist industry by promoting heritage-related tourism;
5. Promote the continued use, exhibition and interpretation of significant historical or archaeological
sites, districts, buildings, structures, objects, artifacts, materials and records for the education, inspiration and
welfare of the people of King County;
6, Promote and continue incentives for ownership and utilization of landmarks;
Assist, encourage and provide incentives to public and private owners for preservation,
restoration, rehabilitation and use of landmark buildings, sites, districts, structures and objects;
8. Assist, encourage and provide technical assistance to public agencies, public and private
museums, archives and historic preservation associations and other organizations involved in historic
preservation and archaeological resource management; and
9. Work cooperatively with all local jurisdictions to identify, evaluate, and protect historic resources
in furtherance of the purposes of this chapter. {Ord. 14482 § 68, 2002: Ord. 10474 § 1, 1992: Ord. 4828 §
1, 1984}.
(King County 12-2010)
20-115
20.62.020 PLANNING
20.62.020 Definitions. The following words and terms shall, when used in this chapter, be
defined as follows unless a different meaning clearly appears from the context:
A. "Alteration" is any construction, demolition, removal, modification, excavation, restoration or
remodeling of a landmark.
B. "Building" is a structure created to shelter any form of human activity, such as a house, barn,
church, hotel or similar structure. Building may refer to an historically related complex, such as a
courthouse and jail or a house and barn.
C. "Certificate of appropriateness" is written authorization issued by the commission or its
designee permitting an alteration to a significant feature of a designated landmark,
D. "Commission" is the landmarks commission created by this chapter.
E. "Community landmark" is an historic resource which has been designated pursuant to K.C.C.
20.62.040 but which may be altered or changed without application for or approval of a certificate of
appropriateness.
F. "Designation" is the act of the commission determining that an historic resource meets the
criteria established by this chapter.
G. "Designation report" is a report issued by the commission after a public hearing setting forth its
determination to designate a landmark and specifying the significant feature or features thereof.
H. "Director" is the director of the King County department of development and environmental
services or his or her designee.
1. "District" is a geographically definable area, urban or rural, possessing a significant
concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or
aesthetically by plan or physical development. A district may also comprise individual elements separated
geographically but linked by association or history.
J. "Heritage" is a discipline relating to historic preservation and archaeology, history, ethnic
history, traditional cultures and folklore.
K. "Historic preservation officer" is the King County historic preservation officer or his or her
designee.
L. "Historic resource" is a district, site, building, structure or object significant in national, state or
local history, architecture, archaeology, and culture.
M, "Historic resource inventory" is an organized compilation of information on historic resources
considered to be significant according to the criteria listed in K.C.C. 20.62.040A. The historic resource
inventory is kept on file by the historic preservation officer and is updated from time to time to include
newly eligible resources and to reflect changes to resources.
N, "Incentives" are such compensation, rights or privileges or combination thereof, which the
council, or other local, state or federal public body or agency, by virtue of applicable present or future
legislation, may be authorized to grant to or obtain for the owner or owners of designated landmarks.
Examples of economic incentives include but are not limited to tax relief, conditional use permits,
rezoning, street vacation, planned unit development, transfer of development rights, facade easements,
gifts, preferential leasing policies, private or public grants-in-aid, beneficial placement of public
improvements, or amenities, or the like.
0. "Interested person of record" is any individual, corporation, partnership or association which
notifies the commission or the council in writing of its interest in any matter before the commission.
P. "Landmark" is an historic resource designated as a landmark pursuant to K.C.C. 20.62.060.
Q. "Nomination" is a proposal that an historic resource be designated a landmark.
R. "Object" is a material thing of functional, aesthetic, cultural, historical, or scientific value that
may be, by nature or design, movable yet related to a specific setting or environment.
5. "Owner" is a person having a fee simple interest, a substantial beneficial interest of record or a
substantial beneficial interest known to the commission in an historic resource. Where the owner is a
public agency or government, that agency shall specify the person or persons to receive notices under this
chapter.
(King County 12-2010)
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PROTECTION AND PRESERVATION OF LANDMARKS, 20.62.020 - 20.62.030
LANDMARK SITES AND DISTRICTS
T. "Person" is any individual, partnership, corporation, group or association.
U. "Person in charge" is the person or persons in possession of a landmark including, but not
limited to, a mortgagee or vendee in possession, an assignee of rents, a receiver, executor, trustee,
lessee, tenant, agent, or any other person directly or indirectly in control of the landmark.
V. "Preliminary determination" is a decision of the commission determining that an historic
resource which has been nominated for designation is of significant value and is likely to satisfy the criteria
for designation.
W. "Significant feature" is any element of a landmark which the commission has designated
pursuant to this chapter as of importance to the historic, architectural or archaeological value of the
landmark.
X. "Site" is the location of a significant event, a prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined, or vanished, where the location itself maintains an
historical or archaeological value regardless of the value of any existing structures.
Y. "Structure" is any functional construction made usually for purposes other than creating human
shelter. (Ord. 14482 69, 2002: Ord. 11620 § 13, 1994: Ord. 10474 § 2, 1992: Ord. 4828 § 2, 1980).
20.62.030 Landmarks commission created - membership and organization.
A. There is created the King County landmarks commission which shall consist of nine regular
members and special members selected as follows:
1. Of the nine regular members of the commission at least three shall be professionals who have
experience in identification, evaluation, and protection of historic resources and have been selected from
among the fields of history, architecture, architectural history, historic preservation, planning, cultural
anthropology, archaeology, cultural geography, landscape architecture, American studies, law, or other
historic preservation related disciplines. The nine regular members of the commission shall be appointed by
the county executive, subject to confirmation by the council, provided that no more than four members shall
reside within any one municipal jurisdiction. All regular members shall have a demonstrated interest and
competence in historic preservation.
2. The county executive may solicit nominations for persons to serve as regular members of the
commission from the Association of King County Historical Organizations, the American Institute of
Architects (Seattle Chapter), the Seattle King County Bar Association, the Seattle Master Builders, the
chambers of commerce, and other professional and civic organizations familiar with historic preservation.
3. One special member shall be appointed from each municipality within King County which has
entered into an interlocal agreement with King County providing for the designation by the commission of
landmarks within such municipality in accordance with the terms of such interlocal agreement and this
chapter. Each such appointment shall be in accordance with the enabling ordinance adopted by such
municipality.
B. Appointments of regular members, except as provided in subsection C of this section, shall be
made for a three-year term. Each regular member shall serve until his or her successor is duly appointed
and confirmed. Appointments shall be effective on June 1st of each year. In the event of a vacancy, an
appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at
the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the
remainder of the unexpired term. Any member may be reappointed, but may not serve more than two
consecutive three-year terms. A member shall be deemed to have served one full term if such member
resigns at any time after appointment or if such member serves more than two years of an unexpired term.
The members of the commission shall serve without compensation except for out-of-pocket expenses
incurred in connection with commission meetings or programs.
C. After May 4, 1992, the term of office of members becomes effective on the date the council
confirms the appointment of commission members and the county executive shall appoint or reappoint three
members for a three-year term, three members for a two-year term, and three members for a one-year term.
For purposes of the limitation on consecutive terms in subsection B of this section an appointment for a one-
or a two-year term shall be deemed an appointment for an unexpired term.
(King County 12-2010)
20-117
20.62.030 PLANNING
D, The chair shall be a member of the commission and shall be elected annually by the regular
commission members. The commission shall adopt, in accordance with K,C.C. chapter 2.98, rules and
regulations, including procedures, consistent with this chapter. The members of the commission shall be
governed by the King County code of ethics, K.C.C. chapter. 3.04. The commission shall not conduct any
public hearing required under this chapter until rules and regulations have been filed as required by K.C.C.
chapter 2.98.
E. A special member of the commission shall be a voting member solely on matters before the
commission involving the designation of landmarks within the municipality from which such special member
was appointed.
E A majority of the current appointed and confirmed members of the commission shall constitute a
quorum for the transaction of business. A special member shall count as part of a quorum for the vote on
any matter involving the designation or control of landmarks within the municipality from which such special
member was appointed. All official actions of the commission shall require a majority vote of the members
present and eligible to vote on the action voted upon. No member shall be eligible to vote upon any matter
required by this chapter to be determined after a hearing unless that member has attended the hearing or
familiarized him or herself with the record.
G. The commission may from time to time establish one or more committees to further the policies
of the commission, each with such powers as may be lawfully delegated to it by the commission.
H. The county executive shall provide staff support to the commission and shall assign a
professionally qualified county employee to serve as a full-time historic preservation officer. Under the
direction of the commission, the historic preservation officer shall be the custodian of the commission's
records. The historic preservation officer or his or her designee shall conduct official correspondence, assist
in organizing the commission and organize and supervise the commission staff and the clerical and technical
work of the commission to the extent required to administer this chapter.
1. The commission shall meet at least once each month for the purpose of considering and holding
public hearings on nominations for designation and applications for certificates of appropriateness. Where
no business is scheduled to come before the commission seven days before the scheduled monthly meeting,
the chair of the commission may cancel the meeting. All meetings of the commission shall be open to the
public. The commission shall keep minutes of its proceedings, showing the action of the commission upon
each question, and shall keep records of all official actions taken by it, all of which shall be filed in the office of
the historic preservation officer and shall be public records.
J. At all hearings before and meetings of the commission, all oral proceedings shall be electronically
recorded. The proceedings may also be recorded by a court reporter if any interested person at his or her
expense shall provide a court reporter for that purpose. A tape recorded copy of the electronic record of any
hearing or part of a hearing shall be furnished to any person upon request and payment of the reasonable
expense of the copy.
K. The commission is authorized, subject to the availability of funds for that purpose, to expend
moneys to compensate experts, in whole or in part, to provide technical assistance to property owners in
connection with requests for certificates of appropriateness upon a showing by the property owner that the
need for the technical assistance imposes an unreasonable financial hardship on the property owner. .
L. Commission records, maps or other information identifying the location of archaeological sites
and potential sites shall be exempt from public disclosure as specified in RCW 42,17.310 in order to avoid
looting and depredation of the sites. (Ord. 14482 § 70, 2002: Ord. 10474 § 3, 1992: Ord. 10371 § 1, 1992:
Ord. 4828 § 3, 1980).
(King County 12-2010)
20-118
PROTECTION AND PRESERVATION OF LANDMARKS, 20.62.040
LANDMARK SITES AND DISTRICTS
20.62.040 Designation criteria.
A. An historic resource may be designated as a King County landmark if it is more than forty years
old or, in the case of a landmark district, contains resources that are more than forty years old, and
possesses integrity of location, design, setting, materials, workmanship, feeling and association, and:
1. Is associated with events that have made a significant contribution to the broad patterns of
national, state or local history; or
2. Is associated with the lives of persons significant in national, state or local history; or
3. Embodies the distinctive characteristics of a type, period, style or method of design or
construction, or that represents a significant and distinguishable entity whose components may lack
individual distinction; or
4. Has yielded or may be likely to yield, information important in prehistory or history; or
5. Is an outstanding work of a designer or builder who has made a substantial contribution to the
art.
B. An historic resource may be designated a community landmark because it is an easily identifiable
visual feature of a neighborhood or the county and contributes to the distinctive quality or identity of such
neighborhood or county or because of its association with significant historical events or historic themes,
association with important or prominent persons in the community or county, or recognition by local citizens
for substantial contribution to the neighborhood or community. An improvement or site qualifying for
designation solely by virtue of satisfying criteria set out in this section shall be designated a community
landmark and shall not be subject to the provisions of 20.62,080.
C. Cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions
or used for religious purposes, structures that have been moved from their original locations, reconstructed
historic buildings, properties primarily commemorative in nature, and properties that have achieved
significance within the past forty years shall not be considered eligible for designation. However, such a
property shall be eligible for designation if they are:
1. An integral part of districts that meet the criteria set out in 20.62.040A or if it is:
2. A religious property deriving primary significance from architectural or artistic distinction or
historical importance; or
3. A building or structure removed from its original location but which is significant primarily for its
architectural value, or which is the surviving structure most importantly associated with a historic person or
event; or
4. A birthplace, grave or residence of a historical figure of outstanding importance if there is no
other appropriate site or building directly associated with his or her productive life; or
5. A cemetery that derives its primary significance from graves of persons of transcendent
importance, from age, from distinctive design features, or from association with historic events; or
6. A reconstructed building when accurately executed in a suitable environment and presented in a
dignified manner or as part of a restoration master plan, and when no other building or structure with the
same association has survived; or
A property commemorative in intent if design, age, tradition, or symbolic value has invested it
with its own historical significance, or
8. A property achieving significance within the past forty years if it is of exceptional importance.
(Ord. 10474 § 4, 1992: Ord. 4828 § 4, 1980).
(king County 12-2010)
20-119
20.62.050 PLANNING
20.62.050 Nomination procedure.
A. Any person, including the historic preservation officer and any member of the commission, may
nominate an historic resource for designation as a landmark or community landmark. The procedures set
forth in Sections 20.62.050 and 20.62.080 may be used to amend existing designations or to terminate an
existing designation based on changes which affect the applicability of the criteria for designation set forth in
Section 20.62.040. The nomination or designation of an historic resource as a landmark shall constitute
nomination or designation of the land which is occupied by the historic resource unless the nomination
provides otherwise. Nominations shall be made on official nomination forms provided by the historic
preservation officer, shall be filed with the historic preservation officer, and shall include all data required by
the commission.
B. Upon receipt by the historic preservation officer of any nomination for designation, the officer shall
review the nomination, consult with the person or persons submitting the nomination, and the owner, and
prepare any amendments to or additional information on the nomination deemed necessary by the officer.
The historic preservation officer may refuse to accept any nomination for which inadequate information is
provided by the person or persons submitting the nomination. It is the responsibility of the person or persons
submitting the nomination to perform such research as is necessary for consideration by the commission.
The historic preservation officer may assume responsibility for gathering the required information or appoint
an expert or experts to carry out this research in the interest of expediting the consideration.
C. When the historic preservation officer is satisfied that the nomination contains sufficient
information and complies with the commission's regulations for nomination, the officer shall give notice in
writing, certified mail/return receipt requested, to the owner of the property or object, to the person submitting
the nomination and interested persons of record that a preliminary or a designation determination on the
nomination will be made by the commission. The notice shall include:
1. The date, time, and place of hearing;
2. The address and description of the historic resource and the boundaries of the nominated
resource;
3. A statement that, upon a designation or upon a preliminary determination of significance, the
certificate of appropriateness procedure set out in Section 20.62.080 will apply;
4. A statement that, upon a designation or a preliminary determination of significance, no
significant feature may be changed without first obtaining a certificate of appropriateness from the
commission, whether or not a building or other permit is required. A copy of the provisions of Section
20.62.080 shall be included with the notice;
5. A statement that all proceedings to review the action of the commission at the hearing on a
preliminary determination or a designation will be based on the record made at such hearing and that no
further right to present evidence on the issue of preliminary determination or designation is afforded pursuant
to this chapter.
D. The historic preservation officer shall, after mailing the notice required herein, refer the
nomination and all supporting information to the commission for consideration on the date specified in the
notice. No nomination shall be considered by the commission less than thirty nor more than forty five
calendar days after notice setting the hearing date has been mailed except where the historic preservation
officer or members of the commission have reason to believe that immediate action is necessary to prevent
destruction, demolition or defacing of an historic resource, in which case the notice setting the hearing shall
so state. (Ord. 10474 § 5,1992: Ord, 4828 § 5, 1980).
(king County 12-2010)
20-120
PROTECTION AND PRESERVATION OF LANDMARKS, 20.62.070
LANDMARK SITES AND DISTRICTS
20.62.070 Designation procedure.
A. The commission may approve, deny, amend or terminate the designation of a historic resource
as a landmark or community landmark only after a public hearing. At the designation hearing the
commission shall receive evidence and hear argument only on the issues of whether the historic resource
meets the criteria for designation of landmarks or community landmarks as specified in K.C.C. 20.62.040 and
merits designation as a landmark or community landmark; and the significant features of the landmark. The
hearing may be continued from time to time at the discretion of the commission. If the hearing is
continued, the commission may make a preliminary determination of significance if the commission
determines, based on the record before it that the historic resource is of significant value and likely to
satisfy the criteria for designation in K.C.C. 20.62.040. The preliminary determination shall be effective as
of the date of the public hearing at which it is made. Where the commission makes a preliminary
determination it shall specify the boundaries of the nominated resource, the significant features thereof
and such other description of the historic resource as it deems appropriate. Within five working days after
the commission has made a preliminary determination, the historic preservation officer shall file a written
notice of the action with the director and mail copies of the notice, certified mail, return receipt requested,
to the owner, the person submitting the nomination and interested persons of record. The notice shall
include:
1. A copy of the commission's preliminary determination; and
2. A statement that while proceedings pursuant to this chapter are pending, or six months from
the date of the notice, whichever is shorter, and thereafter if the designation is approved by the
commission, the certificate of appropriateness procedures in K.C.C. 20.62.080, a copy of which shall be
enclosed, shall apply to the described historic resource whether or not a building or other permit is
required. The decision of the commission shall be made after the close of the public hearing or at the
next regularly scheduled public meeting of the commission thereafter.
B. Whenever the commission approves the designation of a historic resource under
consideration for designation as a landmark, it shall, within fourteen calendar days of the public meeting at
which the decision is made, issue a written designation report, which shall include:
1. The boundaries of the nominated resource and such other description of the resource
sufficient to identify its ownership and location;
2. The significant features and such other information concerning the historic resource as the
commission deems appropriate;
3. Findings of fact and reasons supporting the designation with specific reference to the criteria
for designation in K,C.C. 20.62.040; and
4. A statement that no significant feature may be changed, whether or not a building or other
permit is required, without first obtaining a certificate of appropriateness from the commission in
accordance with K.C.C. 20.62.080, a copy of which shall be included in the designation report. This
subsection B.4. shall not apply to historic resources designated as community landmarks.
C. Whenever the commission rejects the nomination of a historic resource under consideration
for designation as a landmark, it shall, within fourteen calendar days of the public meeting at which the
decision is made, issue a written decision including findings of fact and reasons supporting its
determination that the criteria in K.C.C. 20.62.040 have not been met, If a historic resource has been
nominated as a landmark and the commission designates the historic resource as a community landmark,
the designation shall be treated as a rejection of the nomination for King County landmark status and the
foregoing requirement for a written decision shall apply. Nothing contained herein shall prevent
renominating any historic resource rejected under this subsection as a King County landmark at a future
time.
D. A copy of the commission's designation report or decision rejecting a nomination shall be
delivered or mailed to the owner, to interested persons of record and the director within five working days
after it is issued. If the commission rejects the nomination and it has made a preliminary determination of
significance with respect to the nomination, it shall include in the notice to the director a statement that
K.C.C. 20.62.080 no longer applies to the subject historic resources.
(King County 12-2010)
20-121
20.62.070 - 20.62.080 PLANNING
E If the commission approves, or amends a landmark designation, K,C.C. 20.62.080 shall apply
as approved or amended. A copy of the commission's designation report or designation amendment shall
be recorded with the records and licensing services division, or its successor agency, together with a legal
description of the designated resource and notification that K.C.C. 20.62.080 and 20.62.130 apply. If the
commission terminates the designation of a historic resource. K.C.C. 20.62.080 shall no longer apply to
the historic resource. (Ord. 15971 § 92, 2007: Ord. 14482 § 71, 2002: Ord. 14176 § 4, 2001: Ord. 11620 §
14, 1994: Ord. 10474 § 6, 1992: Ord. 4828 § 1980).
20.62,080 Certificate of appropriateness procedure.
A. At any time after a designation report and notice has been filed with the director and for a
period of six months after notice of a preliminary determination of significance has been mailed to the
owner and filed with the director, a certificate of appropriateness must be obtained from the commission
before any alterations may be made to the significant features of the landmark identified in the preliminary
determination report or thereafter in the designation report. The designation report shall supersede the
preliminary determination report. This requirement shall apply whether or not the proposed alteration also
requires a building or other permit. The requirements of this section shall not apply to any historic
resource located within incorporated cities or towns in King County, except as provided by applicable
interlocal agreement.
B. Ordinary repairs and maintenance which do not alter the appearance of a significant feature
and do not utilize substitute materials do not require a certificate of appropriateness. Repairs to or
replacement of utility systems do not require a certificate of appropriateness provided that such work does
not alter an exterior significant feature.
C. There shall be three types of certificates of appropriateness, as follows:
1. Type I, for restorations and major repairs which utilize in-kind materials.
2. Type It, for alterations in appearance, replacement of historic materials and new construction.
3. Type III, for demolition, moving and excavation of archaeological sites.
In addition, the commission shall establish and adopt an appeals process concerning Type I
decisions made by the historic preservation officer with respect to the applications for certificates of
appropriateness.
The historic preservation officer may approve Type I certificates of appropriateness
administratively without public hearing, subject to procedures adopted by the commission. Alternatively
the historic preservation officer may refer applications for Type I certificates of appropriateness to the
commission for decision. The commission shall adopt an appeals procedure concerning Type I decisions
made by the historic preservation officer.
Type II and III certificates of appropriateness shall be decided by the commission and the
following general procedures shall apply to such commission actions:
1. Application for a certificate of appropriateness shall be made by filing an application for such
certificate with the historic preservation officer on forms provided by the commission.
2. If an application is made to the director for a permit for any action which affects a landmark,
the director shall promptly refer such application to the historic preservation officer, and such application
shall be deemed an application for a certificate of appropriateness if accompanied by the additional
information required to apply for such certificate. The director may continue to process such permit
application, but shall not issue any such permit until the time has expired for filing with the director the
notice of denial of a certificate of appropriateness or a certificate of appropriateness has been issued
pursuant to this chapter.
3. After the commission has commenced proceedings for the consideration of any application
for a certificate of appropriateness by giving notice of a hearing pursuant to subsection 3 of this section,
no other application for the same or a similar alteration may be made until such proceedings and all
administrative appeals therefrom pursuant to this chapter have been concluded.
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4. Within forty five calendar days after the filing of an application for a certificate of
appropriateness with the commission or the referral of an application to the commission by the director
except those decided administratively by the historic preservation officer pursuant to subsection 2 of this
section, the commission shall hold a public hearing thereon. The historic preservation officer shall mail
notice of the hearing to the owner, the applicant, if the applicant is not the owner, and parties of record at
the designation proceedings, not less than ten calendar days before the date of the hearing. No hearing
shall be required if the commission, the owner and the applicant, if the applicant is not the owner, agree in
writing to a stipulated certificate approving the requested alterations thereof. This agreement shall be
ratified by the commission in a public meeting and reflected in the commission meeting minutes. If the
commission grants a certificate of appropriateness, such certificate shall be issued forthwith and the
historic preservation officer shall promptly file a copy of such certificate with the director.
5. If the commission denies the application for a certificate of appropriateness, in whole or in
part, it shall so notify the owner, the person submitting the application and interested persons of record
setting forth the reasons why approval of the application is not warranted.
D. The commission shall adopt such other supplementary procedures consistent with K.C.C. 2.98
as it determines are required to carry out the intent of this section. (Ord. 11620 § 15, 1994: Ord. 10474 §
1992: Ord. 4828 § 8, 1980).
20.62.100 Evaluation of economic impact.
A, At the public hearing on any application for a Type II or Type ill certificate of appropriateness, or
Type I if referred to the commission by the historic preservation officer, the commission shall, when
requested by the property owner, consider evidence of the economic impact on the owner of the denial or
partial denial of a certificate. In no case may a certificate be denied, in whole or in part, when it is
established that the denial or partial denial will, when available incentives are utilized, deprive the owner of
a reasonable economic use of the landmark and there is no viable and reasonable alternative which would
have less impact on the features of significance specified in the preliminary determination report or the
designation report.
B. To prove the existence of a condition of unreasonable economic return, the applicant must
establish and the commission must find, both of the following:
1. The landmark is incapable of earning a reasonable economic return without making the
alterations proposed. This finding shall be made by considering and the applicant shall submit to the
commission evidence establishing each of the following factors:
a. The current level of economic return on the landmark as considered in relation to the following:
(1) The amount paid for the landmark, the date of purchase, and party from whom purchased,
including a description of the relationship, if any, between the owner and the person from whom the landmark
was purchased;
(2) The annual gross and net income, if any, from the landmark for the previous five (5) years;
itemized operating and maintenance expenses for the previous five (5) years; and depreciation deduction
and annual cash flow before and after debt service, if any, during the same period;
(3) The remaining balance on any mortgage or other financing secured by the landmark and
annual debt service, if any, during the prior five (5) years;
(4) Real estate taxes for the previous four (4) years and assessed value of the landmark
according to the two (2) most recent assessed valuations;
5) All appraisals obtained within the previous three (3) years by the owner in connection with the
purchase, financing or ownership of the landmark;
(6) The fair market value of the landmark immediately prior to its designation and the fair market
value of the landmark (in its protected status as a designated landmark) at the time the application is filed;
Form of ownership or operation of the landmark, whether sole proprietorship, for profit or not-
for-profit corporation, limited partnership, joint venture, or both;
(8) Any state or federal income tax returns on or relating to the landmark for the past two (2)
years.
(King County 12-2010)
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20.62.100 - 20.62.110 PLANNING
b. The landmark is not marketable or able to be sold when listed for sale or lease. The sale price
asked, and offers received, if any, within the previous two (2) years, including testimony and relevant
documents shall be submitted by the property owner. The following also shall be considered:
(1) Any real estate broker or firm engaged to sell or lease the landmark;
(2) Reasonableness of the price or lease sought by the owner;
(3) Any advertisements placed for the sale or lease of the landmark.
c. The unfeasibility of alternative uses that can earn a reasonable economic return for the
landmark as considered in relation to the following:
(1) A report from a licensed engineer or architect with experience in historic restoration or
rehabilitation as to the structural soundness of the landmark and its suitability for restoration or rehabilitation;
(2) Estimates of the proposed cost of the proposed alteration and an estimate of any additional
cost that would be incurred to comply with the recommendation and decision of the commission concerning
the appropriateness of the proposed alteration;
(3) Estimated market value of the landmark in the current condition after completion of the
proposed alteration; and, in the case of proposed demolition, after renovation of the landmark for continued
use;
(4) In the case of proposed demolition, the testimony of an architect, developer, real estate
consultant, appraiser or other real estate professional experienced in historic restoration or rehabilitation as to
the economic feasibility of rehabilitation or reuse of the existing landmark;
(5) The unfeasibility of new construction around, above, or below the historic resource.
d. Potential economic incentives and/or funding available to the owner through federal, state,
county, city or private programs.
2. The owner has the present intent and the secured financial ability, demonstrated by appropriate
documentary evidence to complete the alteration.
C. Notwithstanding the foregoing enumerated factors, the property owner may demonstrate other
appropriate factors applicable to economic return.
D. Upon reasonable notice to the owner, the commission may appoint an expert or experts to
provide advice and/or testimony concerning the value of the landmark, the availability of incentives and the
economic impacts of approval, denial or partial denial of a certificate of appropriateness.
E. Any adverse economic impact caused intentionally or by willful neglect shall not constitute a basis
for granting a certificate of appropriateness. (Ord. 10474 § 8, 1992: Ord. 4828 § 10, 1980).
20.62.110 Appeal procedure.
A. Any person aggrieved by a decision of the commission designating or rejecting a nomination for
designation of a landmark or issuing or denying a certificate of appropriateness may, within thirty-five
calendar days of mailing of notice of such designation or rejection of nomination, or of such issuance or
denial or approval of a certificate of appropriateness appeal such decision in writing to the council. The
written notice of appeal shall be filed with the historic preservation officer and the clerk of the council and
shall be accompanied by a statement setting forth the grounds for the appeal, supporting documents, and
argument.
B. If, after examination of the written appeal and the record, the council determines, that: 1. An error
in fact may exist in the record, it shall remand the proceeding to the commission for reconsideration or, if the
council determines that: 2. the decision of the commission is based on an error in judgment or conclusion, it
may modify or reverse the decision of the commission,
C. The council's decision shall be based solely upon the record, provided that, the council may at its
discretion publicly request additional information of the appellant, the commission or the historic preservation
officer.
D. The council shall take final action on any appeal from a decision of the commission by adoption
of an Ordinance, and when so doing, it shall make and enter findings of fact from the record and reasons
therefrom which support its action. The council may adopt all or portions of the commission's findings and
conclusions.
E. The action of the council sustaining, reversing, modifying or remanding a decision of the
commission shall be final unless within twenty calendar days from the date of the action an aggrieved person
obtains a writ of certiorari from the superior court of King County, stale of Washington, for the purpose of
review of the action taken. (Ord. 10474 § 9, 1992: Ord. 4828 § 11, 1980).
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20.62.120 f=unding.
A. The commission shall have the power to make and administer grants of funds received by it from
private sources and from local, state and federal programs for purposes of:
1. Maintaining, purchasing or restoring historic resources located within King County which it
deems significant pursuant to the goals, objectives and criteria set forth in this chapter if such historic
resources have been nominated or designated as landmarks pursuant to this chapter or have been
designated as landmarks by municipalities within King County or by the State of Washington, or are listed on
the National Historic Landmarks Register, the National Register of Historic Places; and
2. Developing and conducting programs relating to historic preservation and archaeological
resource management. The commission shall establish rules and regulations consistent with K.C.C, chapter
2.98 governing procedures for applying for and awarding of grant moneys pursuant to this section.
B. The commission may, at the request of the historic preservation officer, review proposals
submitted by county agencies to fund historic preservation and archaeological projects through the Housing
and Community Development Act of 1974 (42 U.S.C. Secs. 5301 et seq.), the State and Local Fiscal
Assistance Act of 1972 (31 U.S.C. Secs. 1221 et seq.) and other applicable local, state and federal funding
programs. Upon review of such grant proposals, the commission may make recommendations to the county
executive and county council concerning which proposals should be funded, the amount of the grants that
should be awarded, the conditions that should be placed on the grant, and such other matters as the
commission deems appropriate. The historic preservation officer shall keep the commission apprised of the
status of grant proposals, deadlines for submission of proposals and the recipients of grant funds. (Ord.
14482 § 72, 2002: Ord. 10474 § 10, 1992: Ord. 4828 § 12, 1980).
20.62.130 Penalty for violation of Section 20.62.080. Any person violating or failing to comply
with the provisions of Section 20.62.080 of this chapter shall incur a civil penalty of up to five hundred dollars
per day and each day's violation or failure to comply shall constitute a separate offense; provided, however,
that no penalty shall be imposed for any violation or failure to comply which occurs during the pendency of
legal proceedings filed in any court challenging the validity of the provision or provisions of this chapter, as to
which such violations or failure to comply is charged. (Ord. 4828 § 13, 1980).
20.62.140 Special valuation for historic properties.
A. There is hereby established and implemented a special valuation for historic properties as
provided in chapter 84.26 RCW.
B. The King County landmarks commission is hereby designated as the local review board for the
purposes related to chapter 84.26 RCW, and is authorized to perform all functions required by chapter 84.16
RCW and chapter 254-20 WAC.
C. All King County landmarks designated and protected under this chapter shall be eligible for
special valuation in accordance with chapter 84.26 RCW. (Ord. 14482 § 73, 2002: Ord. 10474 § 12,
1992: Ord. 9237 1-3 , 1989).
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20.62.150 PLANNING
20.62.150 Historic Resources - review process.
A. King County shall not approve any development proposal or otherwise issue any authorization
to alter, demolish, or relocate any historic resource identified in the King County Historic Resource
Inventory, pursuant to the requirements of this chapter. The standards contained in K.C.C. 21A.12,
Development Standards - Density and Dimensions and K.C.C. 21A.16, Development Standards -
Landscaping and Water Use shall be expanded, when necessary, to preserve the aesthetic, visual and
historic integrity of the historic resource from the impacts of development on adjacent properties.
B. Upon receipt of an application for a development proposal located on or adjacent to a historic
resource listed in the King County Historic Resource Inventory, the director shall follow the following
procedure:
1. The development proposal application shall be circulated to the King, County historic
preservation officer for comment on the impact of the project on historic resources and for
recommendation on mitigation. This includes all permits for alterations to historic buildings, alteration to
landscape elements, new construction on the same or abutting lots, or any other action requiring a permit
which might affect the historic character of the resource. Information required for a complete permit
application to be circulated to the historic preservation officer shall include:
a. a vicinity map;
b. a site plan showing the location of all buildings, structures, and landscape features;
c. a brief description of the proposed project together with architectural drawings showing the
existing condition of all buildings, structures, landscape features and any proposed alteration to them;
d. photographs of all buildings, structures, or landscape features on the site; and
e. an environmental checklist, except where categorically exempt under King County SEPA
guidelines.
2. Upon request, the historic preservation officer shall provide information about available grant
assistance and tax incentives for historic preservation. The officer may also provide the owner, developer,
or other interested party with examples of comparable projects where historic resources have been
restored or rehabilitated.
3. In the event of a conflict between the development proposal and preservation of an historic
resource, the historic preservation officer shall:
a. suggest appropriate alternatives to the owner/developer which achieve the goals of historic
preservation.
b. recommend approval, or approval with conditions to the director of the department of
development and environmental services; or
c. propose that a resource be nominated for county landmark designation according to
procedures established in the landmarks preservation ordinance (K.C.C, 20.62).
4. The director may continue to process the development proposal application, but shall not
issue any development permits or issue a SEPA threshold determination until receiving a recommendation
from the historic preservation officer. In no event shall review of the proposal by the historic preservation
officer delay permit processing beyond any period required by law. Permit applications for changes to
landmark properties shall not be considered complete unless accompanied by a certificate of
appropriateness pursuant to K.C.C. 20.62.080.
5. On known archaeological sites, before any disturbance of the site, including, but not limited to
test boring, site clearing, construction, grading or revegetation, the State Office of Archaeology and
Historic Preservation (OAHP), and the King County historic preservation officer, and appropriate Native
American tribal organizations must be notified and state permits obtained, if required by law. The officer
may require that a professional archaeological survey be conducted to identify site boundaries, resources
and mitigation alternatives prior to any site disturbance and that a technical report be provided to the
officer, OAHP and appropriate tribal organizations. The officer may approve, disapprove or require
permits conditions, including professional archeological surveys, to mitigate adverse impacts to known
archeological sites.
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C, Upon receipt of an application for a development proposal which affects a King County
landmark or an historic resource that has received a preliminary determination of significance as defined
by K.C.C. 20.62.020V, the application circulated to the King County historic preservation officer shall be
deemed an application for a certificate of appropriateness pursuant to K.C.C. 20.62.080 if accompanied
by the additional information required to apply for such certificate. (Ord. 11620 § 12, 1994).
20.62.160 Administrative rules. The director may promulgate administrative rules and regulations
pursuant to K.C.C. 2.98, to implement the provisions and requirements of this chapter. (Ord. 11620 § 16,
1994).
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