HomeMy WebLinkAbout07-03-2012 Agenda PacketThe City of Auburn Planning Commission is an eight member advisory body that provides recommendations to the
Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning.
Planning Commissioners are appointed by the Mayor and confirmed by the City Council.
Actions taken by the Planning Commission are not final decisions; they are in the form of recommendations to the
City Council who must ultimately make the final decision.
PLANNING COMMISSION MEETING
July 3, 2012
AGENDA
I. CALL TO ORDER – 7:00 p.m., Council Chambers
II. APPROVAL OF MINUTES
A. June 5, 2012
III. PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
IV. PLANNING DEPARTMENT REPORT
Update on Planning and Development Department activities.
V. PUBLIC HEARINGS
A. ZOA12-0002 – Proposed zoning code amendments to ACC Section 1.04.060
‘Conflict and ordinances with State and Federal law’ , and Section 18.02.020
“Authority to adopt code” * (Taylor)
Summary: Planning Commission to conduct a public hearing and make
recommendation on proposed zoning code amendments to ACC Section 1.04.060
‘Conflict and ordinances with State and Federal law’ and Section 18.02.020’Authority
to adopt code’ related to collective gardens.
B. ZOA12-0006 – Proposed Amendments to Auburn City Code Section 12.64A.030,
Chapter 13.40, and Creating a New Chapter 17.28* (Chamberlain)
Summary: Planning Commission to hold a public hearing on the proposed
amendments related to City Conduit Infrastructure.
C. ZOA12-0005 – Proposed Amendments to Auburn City Code Title 17, Land
Adjustments and Divisions, Title 18, Zoning, and Title 19, Impact Fees*
(Chamberlain)
Summary: Planning Commission to hold a public hearing on the proposed
“housekeeping” amendments to the above referenced titles.
VI. OTHER BUSINESS
There are no other business items.
VII. ADJOURNMENT
DRAFT
PLANNING COMMISSION
June 5, 2012
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:00 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
Commission Members present were: Chair Judi Roland, Vice Chair Kevin Chapman,
Commissioner Copple, Commission Mason, Commissioner Peace, and Commissioner
Trout and Commissioner Ramey. Commissioner Baggett is excused.
Staff present included: Planning Manager Elizabeth Chamberlain, Principal Planner Jeff
Dixon, City Attorney Dan Heid, Senior Planner Hillary Taylor, and Planning and
Development Secretary Tina Kriss.
II. APPROVAL OF MINUTES
A. May 8, 2012
Commissioner Peace moved and Commissioner Copple seconded to approve the
minutes from the May 8, 2012 meeting as written.
MOTION CARRIED UNANIMOUSLY 5-0
III. PUBLIC COMMENT
There were no public comments on any item not listed on the agenda for discussion or
public hear.
IV. PLANNING DEPARTMENT REPORT
Planning Manager Elizabeth Chamberlain updated the Commission on activities of the
Planning and Community Development Department. Coastal Farm and Ranch is open
for business. The grand opening will be held Friday, June 8th at 2:00 p.m. The permit
center has issued 138 new single family residential building permits this year (January to
date), the highest number since 2004. The new Auto Zone off A Street SE has begun
construction. Big Foot Java will begin construction on A Street SE where a previous
drive through espresso coffee shop was located.
V. PUBLIC HEARING
A. Proposed Zoning Code Amendment to ACC Section 18.31.200 related to
Architectural and Site Design Review Standards and Regulations
Principal Planner Jeff Dixon explained the proposed zoning code amendment is to
provide a consistent process and rules that apply for the administration of the City’s
existing architectural and site design review standards. Principal Planner Dixon
reviewed the proposed zoning code amendments to ACC Section 18.31.200.
PLANNING COMMISSION MEETING MINUTES June 5, 2012
Page 2
Chair Roland opened the public hearing at 7:15 p.m. to receive comments about
proposed zoning code amendment to ACC Section 18.31.200 related to Architectural
and Site Design Review Standards and Regulations.
With no audience members present for comment, Chair Roland closed the public
hearing at 7:15 p.m. Staff and Commission discussed several of the amendments.
Commissioner Ramey moved and Commissioner Peace seconded to forward to full
Council Council Proposed Zoning Code Amendment ACC Section 18.31.200 related
to Architectural and Site Design Review Standards and Regulations.
MOTION APPROVED – 7-0
VI. OTHER BUSINESS
A. Proposed Amendments to Title 17, Land Adjustments and Divisions, Title 18,
Zoning, and Title 19, Impact Fees
Planning Manager Elizabeth Chamberlain reviewed proposed amendments to Title
17, Title 18, and Title 19 that clarify regulations and proposed amendments related to
recent changes in state law.
Commission and staff discussed the proposed code changes to Title 17, Land
Adjustment and Divisions, Title 18, Zoning, and Title 19, Impact Fees. Commission
requested staff provide a map detailing where the code changes would apply and
code information on electric fences and single family residence parking
requirements.
B. Proposed Amendments to Auburn City Code Section 12.64A.030 and Creating
a New Chapter, Chapter 17.28
Planning Manager Chamberlain discussed the amendments to Auburn City Code
Section 12.64A.030, to Chapter 13,.40, and creating a new chapter in Title 17, ,
specifically related to infrastructure conduit. This proposed new chapter would apply
to development activity governed by Title 17, such as short plats and preliminary
plats.
These recommended code changes are needed for the City to continue providing
services to the public that allow for system wide coordinated management of facilities
(e.g. traffic control devices) that are monitored remotely and whereas new
technologies present additional opportunities for the City to utilize its data and
communication infrastructure to enhance public services. City Attorney Dan Heid
explained the language under Section 13.40.040. Commission and staff discussed
how City staff would determine if conduit should be included as part of a reasonable
requirement for development.
Commission and staff discussed the benefits of these proposed amendments.
PLANNING COMMISSION MEETING MINUTES June 5, 2012
Page 3
C. ZOA12-0002 – Cannabis Collective Garden Moratorium Expiration
Senior Planner Hillary Taylor updated the Commission on the Planning and
Community Development Committee recommendation from the May 29, 2012
meeting to investigate the approach taken by the Cities of Woodinville and Pasco to
adopt an ordinance that will state the City will not allow anything in the zoning code
that violates State or Federal law. Commission and staff discussed the City’s options
to extend the moratorium for six (6) months or adopt an ordinance like the Cities of
Woodinville and Pasco.
Commission was supportive of the City adopting an ordinance that will state the City
will not allow anything in the zoning code that violates State or Federal law.
Commission asked staff to provide updates on the status of this item.
VII. ADJOURNMENT
Commission will be having a joint meeting with the Planning and Community
Development Committee in July, 2012. Staff will update Commission on scheduling for
the next regular meeting and the joint meeting.
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:34 p.m.
AGENDA BILL APPROVAL FORM
Agenda Subject: Amendments to Auburn City Code Chapter 18.02.020,
and a new section 1.04.060 related to collective gardens (ZOA12-0002)
Date: June 20, 2012
Department: Planning, and Development
Attachments: See exhibit list,
below
Budget Impact: N/A
Administrative Recommendation: Planning Commission to hold a public hearing on amendments to
Auburn City Code Chapters 18.02.020, and 1.04.060 and make a recommendation to City Council.
Background Summary:
At the February 7, 2012 and May 8, 2012 Planning Commission meetings, staff presented two
memorandums on Resolution No. 4739 which was adopted by City Council on August 15, 2011, and
which established a moratorium on collective gardens. The moratorium expires on August 15, 2012. As
part of the resolution, Council specified a work plan for the creation of regulations for collective gardens.
In accordance with the work plan, staff continues to research pending legal decisions regarding the
legality of marijuana and associated collective gardens.
After the staff presentation to the Planning Commission at the May 8th meeting, staff became aware that a
city in the State had moved forward with a policy regarding collective gardens. On May 14th the City
Council of Pasco held a workshop on collective gardens and indicated that the City will likely adopt an
ordinance stating that the City will not allow anything in the zoning code that violates state or federal law.
Staff made note of this policy decision along with the policy established by the City of Woodinville earlier
this year. The City of Woodinville adopted Ordinance No. 541 on February 21st of this year prohibiting the
land use of collective gardens within the City limits.
At the May 29, 2012 Planning and Community Development Committee meeting, staff provided an
update on the research for the creation of regulations for collective gardens in compliance with the work
plan established by Resolution No. 4739. In response, the Committee requested that staff should further
investigate the approaches taken by the Cities of Woodinville and Pasco and review with the Planning
Commission.
Staff presented the recommendations of the Planning and Community Development Committee back to
the Planning Commission at the June 5th meeting. On June 4th, the City of Pasco approved Ordinance
No. 4059 repealing the moratorium on medical marijuana collective gardens and amending the Pasco
Municipal Code to state that it “does not allow any use which is in violation of any local, State, or Federal
laws, regulations, codes, and/or ordinances.”
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Taylor
Meeting Date: July 3, 2012 Item Number:
Agenda Subject: Agenda Subject: Amendments to Auburn City Code Date: June 20, 2012
Chapter 18.02.020, and New Chapter 1.04.060 relating to collective
gardens (ZOA12-0002)
Page 2 of 5
Findings of Fact
1. Following the 2011 Washington State Legislative Session, the City Council considered the
recent changes in State law that allowed local governments to approve and regulate
“medical marijuana collective gardens.” “Medical marijuana collective gardens” are defined
by the language in the bill please see Exhibit E for the full text of the legislation.
2. On August 15, 2011, the City Council passed Resolution No. 4739, establishing a
moratorium. The moratorium was imposed to provide adequate time to refer this matter to
the Planning Commission for study and for recommendations back to the City Council on
possible regulations that the City could implement on medical marijuana collective gardens.
3. City Council held a public hearing on September 19, 2011, in order to take testimony
regarding the moratorium and interim regulations. No public comment was received.
4. The City Council remanded the matter to the Planning Commission for review and
development of recommendations for regulation of medical marijuana collective gardens.
5. At various meetings since the passage of City of Auburn Resolution No. 4739, the Planning
Commission has held study sessions to review and discuss possible impacts of collective
gardens. The range of impacts include such things as:
a. Conversion of residential uses into marijuana cultivation and processing
facilities, removing valuable housing stock in the community;
e member;
s;
ans;
b. Degrading neighborhood aesthetics due to shuttered up homes, offensive
odors; increased night-time traffic; parking issues; loitering from potential
purchasers looking to buy from a collectiv
c. Environmental damages from chemicals being discharged into surrounding
and off- site soil and storm and sanitary sewer system
d. Serious risk of fire hazard due to overloaded electrical service connections
used to operate grow lights and f
e. Improper ventilation of indoor growing operations leading to high levels of
moisture and mold;
f. Illegal structural modifications of buildings to accommodate such uses; and
g. Criminal issues such as home invasions, burglaries of medical marijuana
facilities, theft and property damage.
6. At the February 7, 2012 and May 8, 2012 Planning Commission meetings, staff presented
two memorandums in accordance with the work plan established by the moratorium
(Resolution No. 4739), staff continued to research pending legal decisions regarding the
legality of marijuana and associated collective gardens.
7. At the May 29, 2012 Planning and Community Development Committee meeting, staff
provided an update on the research for the creation of regulations for collective gardens in
compliance with the work plan. In response, the Committee directed that staff should further
investigate the approaches taken by the Cities of Woodinville and Pasco to adopt an
ordinance that will not allow anything in the zoning code that violates State and or Federal
law.
Agenda Subject: Agenda Subject: Amendments to Auburn City Code
Chapter 18.02.020, and New Chapter 1.04.060 relating to collective
gardens (ZOA12-0002)
Date: June 20, 2012
Page 3 of 5
8. Staff presented the recommendations of the Planning and Community Development
Committee back to the Planning Commission at the June 5th meeting. On June 4th, the
City of Pasco approved Ordinance No. 4059 repealing the moratorium on medical marijuana
collective gardens and amending the Pasco Municipal Code to state that it “does not allow
any use which is in violation of any local, State, or Federal laws, regulations, codes, and/or
ordinances.”
9. At the July 3, 2012 meeting the Planning Commission can communicate its concerns
through staff to recommend for two possible courses of action to the City Council. The
Planning Commission can recommend that either:
a. The moratorium be extended to allow time for State or Federal legislative
changes that resolve the conflict between State and Federal law, or
b. That the City just recognize the fact that it cannot enact regulations that are in
conflict with Federal law, and adopt regulations that do not permit, license
or allow collective garden marijuana facilities.
10. This code amendment and proposed new code section are supported by the City of
Auburn’s Comprehensive Plan. The proposal complies with the following policies. An
analysis of the proposal’s consistency to these policies follows in the Conclusions section,
below.
• The second policy statement in Chapter 2 the general planning approach, GP 2, which
states that the City should develop its plans and programs after thorough analysis of
community problems, potentials and needs.
• The proposed changes are supported by policy GP 11 which states that ordinance
provisions designed to protect residential areas shall give priority to providing
predictability and stability to the neighborhood.
• The proposed changes are supported by policy GP 23 – which states that the City
should continue its participation in various State and Federal agencies and organizations
concerned with land use planning and development and the protection of natural and
cultural resources and critical areas.
• Further the proposed changes are supported by policy GP 30 – which states that the
City should seek to establish and maintain an image appropriate for the community to
assist in most effectively attracting the types of economic activities which best meet the
needs and desires of the community.
11. A Determination of Non-Significance (DNS) was issued for the proposed amendment to
Chapters 18.02.020, and new section 1.04.060 on June 15, 2012. The comment period
ends on June 30, 2012. Staff has not received any comments on the proposed amendment.
The appeal period ends on July 16, 2012.
12. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce and other state
agencies as required for the expedited State review and were received by Department of
Commerce on June 15, 2012. Staff received a letter of response from the State Department
of Commerce on June 21 documenting that “the procedural requirement under RCW
36.70A.106” has been met.
Agenda Subject: Agenda Subject: Amendments to Auburn City Code
Chapter 18.02.020, and New Chapter 1.04.060 relating to collective
gardens (ZOA12-0002)
Date: June 20, 2012
Page 4 of 5
13. The public hearing notice was published on June 18, 2012 in the Seattle Times newspaper
at least 10-days prior to the Planning Commission public hearing scheduled for July 3, 2012.
14. The following discussion outlines the proposed amendments to Chapters 18.02.020,
‘Authority to adopt code”, and 1.04.060 “Conflict of ordinances with state or federal law’
scheduled for the Planning Commission’s July 3, 2012 public hearing with a staff
recommendation:
Conclusions
These code amendments are supported by the City of Auburn’s Comprehensive Plan, by the
following objectives and policies found in Chapter 2 – General Planning Approach:
1) GP 2 -- The City should develop its plans and programs after thorough analysis of
community problems, potentials and needs.
Complies. The proposal achieves general planning approach Policy GP- 2 which states that
the City of Auburn should develop its plans and programs after thorough analysis of community
problems, potentials and needs. The proposed amendment and new code section supports the
ability of the City of Auburn to manage growth in the City that is in full compliance with all
applicable State and Federal laws.
2) GP 11 – Ordinance provisions designed to protect residential areas shall give priority to
providing predictability and stability to the neighborhood.
Complies. The proposed amendment and new code section comply with Policy GP-11 which
states that the City of Auburn should adopt ordinance provisions designed to protect residential
areas and give priority to providing predictability and stability to neighborhoods. The proposed
amendment and new code section provides clear direction to support neighborhoods from uses
which may be in conflict with applicable State and Federal laws. The proposed amendment and
new code section also provide direction to the community when there may be a conflict between
State and Federal law. The proposed amendment directs the community to require that all
applicable changes to the zoning code shall be in compliance with the laws as established both
legislative bodies.
3) GP 23 – The City should continue its participation in various State and Federal agencies
and organizations concerned with land use planning and development and the protection of
natural and cultural resources and critical areas.
Complies. The proposed amendment and new code section also supports Policy GP-23 which
state that the City should continue its participation in various State and Federal agencies and
organizations concerned with land use planning and development and the protection of natural
and cultural resources and critical areas. Mayor Lewis, as a member of the United States
Conference of Mayors, recently signed a letter of support urging the Drug Enforcement Agency
(DEA) to initiate rulemaking proceedings for the reclassification of medical cannabis from
Schedule I to Schedule II of the Controlled Substances Act so qualifying patients who follow
State law may obtain the medication they need through the traditional and safe method of
physician prescribing and pharmacy dispensing. The proposed amendments support the City’s
Agenda Subject: Agenda Subject: Amendments to Auburn City Code
Chapter 18.02.020, and New Chapter 1.04.060 relating to collective
gardens (ZOA12-0002)
Date: June 20, 2012
Page 5 of 5
continued participation in various State and Federal agencies and organizations concerned with
land use planning and development. The City’s participation in these agencies and
organizations allows the City to seek direction from these agencies to ask for clear direction in
order to reasonably apply State and Federal laws.
4) GP 30 – The City should seek to establish and maintain an image appropriate for the
community to assist in most effectively attracting the types of economic activities which best
meet the needs and desires of the community.
Complies. The proposed amendment and new code section further complies with the General
Planning Approach chapter of the Comprehensive Plan, Policy GP-30 which states that the City
should seek to establish and maintain an image appropriate for the community to assist in most
effectively attracting the types of economic activities which best meet the needs and desires of
the community. The City establishes an image of reasonableness by establishing a policy that
clearly states that no new ordinances shall be adopted that are in conflict with either State or
Federal law. This policy creates a clear boundary for the City when the burden of resolution
should be taken by another agency. The application of local, State, and Federal regulations is
important to the business community as there are direct implications for the cost of starting and
maintaining a business. The clear application of laws is important to establish and
communicate to the business community an image of credibility, reliability and predictability.
Maintenance of this image through consistent action is important for the attraction of the types
of economic activities which best meet the needs and desires of the community.
Staff Recommendation
Planning Commission to recommend approval to the City Council.
Exhibits:
Exhibit A: Proposed code changes to ACC to amend 18.02.020 ‘Authority to adopt code’ and
create a new section 1.04.060 ‘Conflict and ordinances with State and Federal law’
Exhibit B: Senate Bill E2SBB 5073, this bill allowed local governments to approve and regulate
“medical marijuana collective gardens”
Exhibit C: City of Auburn Resolution No. 4739, enacting a moratorium on “collective gardens”
Exhibit D: Associated SEPA review, SEP12-0020, Determination of Non-Significance (DNS)
Exhibit E: Associated SEPA review, SEP12-0020, Environmental Checklist Application
Exhibit F: Request letter to the Department of Commerce for an expedited State review of
development regulations, and letter of receipt
Exhibit G: Request to the newspaper to publish a public hearing notice
AGENDA BILL APPROVAL FORM
Agenda Subject: ZOA12-0006: Proposed amendments to Auburn City
Code Section 12.64A.030, Chapter 13.40, and Creating a New Chapter,
Chapter 17.28
Date: June 18, 2012
Department: Planning and
Development
Attachments: See exhibit list (at end
of report)
Budget Impact: N/A
Administrative Recommendation: Planning Commission to hold a public hearing on the proposed
amendments to Auburn City Code and make a recommendation to the City Council.
Background Summary:
The City, as part of its requirements for public improvements, requires that conduit be constructed when
frontage improvements are required within arterial streets for the City’s data and communications
network.
The proposed code changes require the conduit be constructed when frontage improvements are
required within any street not just arterial streets. Staff is also recommending a new chapter be created
to Title 17, Land Adjustments and Divisions, specifically related to infrastructure conduit. This proposed
new chapter would apply to development activity governed by Title 17, such as short plats and
preliminary plats.
These recommended code changes are needed for the City to continue providing services to the public
that allow for system wide coordinated management of facilities (e.g. traffic control devices) that are
monitored remotely and whereas new technologies present additional opportunities for the City to utilize
its data and communication infrastructure to enhance public services.
By requiring these improvements as part of the street improvements is more cost effective while the street
is under construction as part of a development rather than opening the street only for installation of
conduit.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Chamberlain
Meeting Date: July 3, 2012 Item Number:
Agenda Subject: Agenda Subject: ZOA12-0006: Proposed
amendments to Auburn City Code Section 12.64A.030, Chapter 13.40,
and Creating a New Chapter, Chapter 17.28
Date: June 18, 2012
Page 2 of 5
Findings of Fact
1. In general, the intent of the proposed code amendments is to provide for conduit when
frontage improvements are required of projects so that the City’s data and
communication network can be enhanced.
2. The process for zoning code text amendments is described in ACC Chapter 18.68.,
18.68.020 Initiation of amendments.
B. Text.
1. The city council, or planning and 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 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). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord.
4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.)
18.68.030 Public hearing process.
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 who may or may not conduct a public hearing.
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. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996;
Ord. 4229 § 2, 1987.)
18.68.040 Public hearing notice requirements.
A. Text Amendments.
Agenda Subject: Agenda Subject: ZOA12-0006: Proposed
amendments to Auburn City Code Section 12.64A.030, Chapter 13.40,
and Creating a New Chapter, Chapter 17.28
Date: June 18, 2012
Page 3 of 5
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.
3. The proposed code amendments are supported by the City of Auburn Comprehensive
Plan.
4. A Determination of Non-Significance was issued for the proposed amendments on June
13, 2012. The 14-day comment period ends on June 27, 2012. The appeal periods
ends on July 11, 2012.
5. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce and other state
agencies as required for the 60-day state review required for modification of
development regulations. The amendments were sent on June 13, 2012 and expedited
review was requested. The Department of Commerce acknowledged receipt on June
14, 2012. Expedited has not been granted as of the writing of this staff report. If the
request is denied then the standard 60-days applies from the submittal date of June 13,
2012.
6. Staff presented the draft code language to the Planning Commission on June 5, 2012 for
review and discussion.
7. The public hearing notice was published on June 20, 2012 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for July 3, 2012.
8. The following conclusions support the proposed amendments to Section 12.64A.030,
Chapter 13.40, and Title 17, Land Adjustments and Divisions scheduled for the Planning
Commission’s July 3, 2012 public hearing with a staff recommendation.
Conclusions
1. Pursuant to ACC Section 18.68.020 amendments to Title 18, Zoning, require a public
hearing before the Planning Commission with a public hearing notice published at least
10-days prior to the public hearing date.
Comment:
The public hearing notice was published in the Seattle Times on June 20, 2012 which is
at least 10-days prior to the Planning Commission public hearing scheduled for July 3,
2012. The public hearing notice was also posted on the City’s website.
2. Consistency with the Comprehensive Plan:
Agenda Subject: Agenda Subject: ZOA12-0006: Proposed
amendments to Auburn City Code Section 12.64A.030, Chapter 13.40,
and Creating a New Chapter, Chapter 17.28
Date: June 18, 2012
Page 4 of 5
Chapter 5 – Capital Facilities
CF-12 No new development shall be approved which is not supported by a minimum of
facilities to support the development and which does not provide for a proportionate
share of related system needs.
Objective 13.4 To enhance the City’s communications and data infrastructure through
installation of City-owned conduit throughout the city.
Policies:
CF-55 To allow for expansion of the City’s conduit system with minimal disruption to
streets and at a lower cost to the public, the City shall require the placement of conduits
as part of arterial street (as defined in the City of Auburn Transportation Plan)
improvement projects whether private or public development projects.
CF-56 The City shall explore new technologies that may present additional opportunities
for the City to use its communications and data infrastructure to enhance its provisions
of public services.
CF-57 To increase system-wide coordinated management of facilities, the City shall
work towards increasing the number of remote monitoring facilities for utility facilities,
traffic control devices, and other equipment located throughout the city.
CF-58 Whenever possible, make remote data access available to the City’s police
officers, inspectors, utility staff, and other field personnel.
Comment:
The proposed code amendments comply with the above comprehensive plan objective and
policies. Through the proposed code amendments, the City is allowing for expansion of the
City’s conduit system with minimal disruption to the public by requiring the installation of conduit
when certain frontage improvements may be required of development projects. Requiring the
installation of conduit when work within the public right-of-way is already taking place is more
cost effective and less disruptive to the public then making the improvements at a different time.
A goal of the City’s is to expand the City’s data and communication network to provide system
wide coordination of facilities such as traffic control devices and other utility facilities that are
monitored and operated remotely.
Developments are expected to provide for their proportionate share of related system needs
and the City has identified its data and communication network as a system need. The
proposed code amendments are structured to allow the flexibility of requiring conduit to be
installed when certain frontage improvements are required not an absolute requirement.
Staff Recommendation
Planning Commission to recommend approval to the City Council.
Agenda Subject: Agenda Subject: ZOA12-0006: Proposed
amendments to Auburn City Code Section 12.64A.030, Chapter 13.40,
and Creating a New Chapter, Chapter 17.28
Date: June 18, 2012
Page 5 of 5
Exhibits:
Exhibit 1 Proposed code changes to Section 12.64A.030, Chapter 13.40, and a new
chapter 17.28
Exhibit 2 Request letter to Department of Commerce for Expedited State Review
Exhibit 3 Department of Commerce acknowledgement letter
Exhibit 4 Request to publish hearing notice in newspaper
Exhibit 5 Environmental Checklist
Exhibit 6 Determination of Non-Significance
Exhibit 1
----------------------------
Ordinance No. 6414
May 30, 2012
Page 1 of 5
ORDINANCE NO. 6 4 1 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTION
12.64A.030 OF THE AUBURN CITY CODE AND
CREATING A SECTION 13.40.040 AND A NEW CHAPTER
17.28 OF THE AUBURN CITY CODE, RELATING TO THE
INSTALLATION OF CITY-OWNED IMPROVEMENTS
WHEREAS, the City Council finds that enhancing the City’s data and
communications infrastructure allows the City to provide services to the public in a more
effective and efficient manner; and
WHEREAS, making remote data access available to the City’s police officers,
inspectors, utility staff, and other field personnel allows them to devote more time to
providing services to the community and less time traveling to and from City offices and
facilities; and
WHEREAS, the City has a number of utility facilities, traffic control devices, and
other equipment located throughout the City that are monitored and operated remotely;
and
WHEREAS, increasing the number of such remote facilities connected to the
City’s data and communications infrastructure allows for system-wide, coordinated
management of such facilities; and
WHEREAS, new technologies may present additional opportunities for the City to
use its data and communications infrastructure to enhance its provision of public
services; and
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Ordinance No. 6414
May 30, 2012
Page 2 of 5
WHEREAS, the City Council finds that the installation of City-owned conduit
throughout the City would enhance the City’s data and communications infrastructure;
and
WHEREAS, requiring the placement of City conduits in trenches opened in City
rights-of-way as part of a development project allows for expansion of the City conduit
system at a lower cost to the public and with fewer opening of the City’s streets; and
WHEREAS, the cost of adding such conduit to an already opened trench would
be proportional to the benefit of enhanced public services received by the owner of the
developing property; and
WHEREAS, it is important to the City and to those persons and entities within the
City who depend on the availability of the data and communications infrastructure
services that would be able to be provided through the conduits in City streets to have
those conduits and infrastructure in as many streets as possible, and all due
consideration shall be given to the need for the installation of City-owned conduit in
street improvements, in terms of the improvements that should be required in
connection with the related development or permit activity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 12.64A.030 of the Auburn
City Code be and the same hereby is amended to read as follows:
12.64A.030 Requirements.
The city engineer shall determine in consultation with police; parks,
arts, and recreation; planning and development department; information
services; and the local fire authority whether one or more of the following
public right-of-way improvements are necessary to mitigate the impacts of
a permitted action set forth in ACC 12.64A.020. which improvements shall,
after construction and installation, be dedicated to and owned by the City
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Ordinance No. 6414
May 30, 2012
Page 3 of 5
Construction or provision of those improvements in the manner specified
by the city engineer shall be a condition of granting said permit:
A. Paved roadway on the same side of the street as the subject
property;
B. Street lighting;
C. Sidewalks on the same side of the street as the subject
property;
D. Concrete curbs and gutters on the same side of the street as
the subject property;
E. Storm drainage systems;
F. Street landscaping and appurtenances on the same side of
the street as the subject property;
G. Traffic control and other safety devices including, but not
limited to, provisions for channelization, pavement markings, signage,
pedestrian safety, and traffic calming;
H. Dedication of public right-of-way on the same side of the
street as the subject property;
I. Conduit at least three inches in diameter in arterial any
streets/public right-of-way being improved under this chapter. (Ord. 6287 §
2, 2010; Ord. 6112 § 1, 2007; Ord. 6083 § 2, 2007.)
Section 2. New Section to City Code. That a new Section 13.40.040 of the
Auburn City Code be and the same hereby is created to read as follows:
13.40.040 Dedication and ownership of improvements.
Unless otherwise expressly provided, the improvements required
pursuant to this Chapter 13.40 shall, after construction and installation, be
dedicated to and owned by the City.
Section 3. New Chapter to City Code. That a new Chapter 17.28 of the
Auburn City Code be and the same hereby is created to read as follows:
Chapter 17.28
Infrastructure Conduit
Section:
17.28.010 Infrastructure conduit in streets.
17.28.010 Infrastructure conduit in streets.
In addition to the other requirements set forth in this Title 17, any
time street improvements or right-of-way improvements are to be provided
in connection with development activity governed hereby, the City review
process shall determine in consultation with public works, police, parks,
arts, and recreation; planning and development departments, information
services, and with the local fire authority, whether conduit at least three
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Ordinance No. 6414
May 30, 2012
Page 4 of 5
inches in diameter should be included therein, in which cases, if so
required, the applicant shall construct said improvement in conformance
with the public facility extension requirements of Chapter 13.40 of the City
Code.
Section 4. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 5. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 6. Effective date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
DATED and SIGNED this ____ day of _______________, 2012.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
______________________________
PETER B. LEWIS
MAYOR
ATTEST:
___________________________
----------------------------
Ordinance No. 6414
May 30, 2012
Page 5 of 5
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid,
City Attorney
Published: _________________
AGENDA BILL APPROVAL FORM
Agenda Subject: ZOA12-0005: Proposed amendments to Auburn City
Code Titles 17, 18, and 19 related to “Housekeeping Amendments”
Date: June 18, 2012
Department: Planning and
Development
Attachments: See exhibit list (at end
of report)
Budget Impact: N/A
Administrative Recommendation: Planning Commission to hold a public hearing on the proposed
amendments to Auburn City Code and make a recommendation to the City Council.
Background Summary:
Over the past several years, the City made significant changes to the municipal code, specifically to Title
17, which addresses land adjustments, and to the zoning code (Title 18), specifically the residential
zoning districts, parking chapter, landscaping chapter, and supplemental development standards. In
2009 the subdivision and residential zoning designations were overhauled with amendments adopted by
the City Council on June 1, 2009 as part of the Phase 1 Code Update project. Phase 2, Group 1 of the
Code Update project, which included amendments to the parking, landscaping, and variance chapters,
and created a new outdoor lighting chapter, were adopted by the City Council on December 19, 2011.
Now that these revised codes have been in place and applied to various projects, staff has identified
amendments that are needed to clarify regulations. The proposed code amendments also include
changes related to recent amendments in state law as well as recommended changes to the school
impact fee chapter as a result of council feedback during the comprehensive plan amendment process
last year.
The Planning Commission reviewed the proposed amendments at their June 5, 2012 meeting.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Chamberlain
Meeting Date: July 3, 2012 Item Number:
Agenda Subject: Agenda Subject: ZOA12-0005: Proposed
amendments to Auburn City Code Titles 17, 18, and 19 related to
“Housekeeping Amendments”
Date: June 18, 2012
Page 2 of 6
Findings of Fact
1. In general, the intent of the proposed zoning code amendments is to provide clarification
in the regulations, address recent changes in state law, and address comments received
from customer inquiries.
2. The process for zoning code text amendments is described in ACC Chapter 18.68.,
18.68.020 Initiation of amendments.
B. Text.
1. The city council, or planning and 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 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). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord.
4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.)
18.68.030 Public hearing process.
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 who may or may not conduct a public hearing.
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. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996;
Ord. 4229 § 2, 1987.)
18.68.040 Public hearing notice requirements.
A. Text Amendments.
Agenda Subject: Agenda Subject: ZOA12-0005: Proposed
amendments to Auburn City Code Titles 17, 18, and 19 related to
“Housekeeping Amendments”
Date: June 18, 2012
Page 3 of 6
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.
3. The process for amending Title 17, Land Adjustments and Divisions, is outlined in ACC
Section 17.02.090.
17.02.090 Amendments.
A. Initiation of Amendments.
1. The city council, or the planning and 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 no public hearing is required for a
purely administrative or procedural amendment of any portion of this title;
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.
B. Public Hearing and Notice.
1. With the exception of purely administrative or procedural amendments, the planning
director shall schedule a public hearing to be held before the planning commission for
any proposal to amend this title or to adopt or repeal any ordinance under the authority
established by Chapter 58.17 RCW. The director shall cause notice of such hearing to
be given as follows:
a. By sending to any individual or organization which has submitted a request for
notification a notice indicating the time and place of public hearing, describing the
general nature of the proposal, and indicating how copies of the proposed ordinance or
amendment can be obtained; and
b. By publishing in a newspaper of general circulation in the area a notice indicating the
time and place of public hearing, describing the general nature of the proposal, and
indicating how copies of the proposed ordinance or amendment may be obtained.
2. For all proposals to make purely administrative or procedural amendments to this title,
the planning director shall cause notice of such proposed amendment to be given as
follows:
a. By sending to any individual or organization which has submitted a request for
notification advance notice of the proposed amendment that indicates how copies of the
proposed amendment can be obtained.
b. By publishing in a newspaper of general circulation in the area advance notice of the
proposed amendment that indicates how copies of the proposed amendment can be
obtained.
3. For the purposes of this section, 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
Agenda Subject: Agenda Subject: ZOA12-0005: Proposed
amendments to Auburn City Code Titles 17, 18, and 19 related to
“Housekeeping Amendments”
Date: June 18, 2012
Page 4 of 6
development), and procedural or administrative matters are those that 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).
C. Planning Commission Recommendation. After the public hearing has been closed,
the planning commission shall recommend to the council either adoption, adoption with
modifications, or rejection of the proposed ordinance or amendment. 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.
D. City Council Action. The planning director shall forward the planning commission’s
recommendation, in writing, to the council. The council may elect to hold its own public
hearing, either before the full council or before a council committee, in which case the
city clerk shall cause adequate notice to be given. The council shall consider, but shall
not be bound by, the planning commission’s recommendation in reaching its own
decision. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009.)
4. The proposed code amendments are supported by the City of Auburn Comprehensive
Plan as identified in the conclusion section of this staff report.
5. A Determination of Non-Significance was issued for the proposed amendments on June
13, 2012. The 14-day comment period ends on June 27, 2012. The appeal periods
ends on July 11, 2012.
6. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce and other state
agencies as required for the 60-day state review required for modification of
development regulations. The amendments were sent on June 13, 2012 and expedited
review was requested. The Department of Commerce acknowledged receipt on June
14, 2012. Expedited has not been granted as of the writing of this staff report. If the
request is denied then the standard 60-days applies from the submittal date of June 13,
2012.
7. Staff presented the draft code language to the Planning Commission on June 5, 2012 for
review and discussion.
8. Two comments on the proposed amendments were received; one from the Auburn
School District and the second from the Federal Way School District.
9. The public hearing notice was published on June 20, 2012 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for July 3, 2012.
10. The following conclusions support the proposed amendments to Title 17, Land
Adjustments and Divisions, Title 18, Zoning, and Title 19, Impact Fees scheduled for the
Planning Commission’s July 3, 2012 public hearing with a staff recommendation.
Agenda Subject: Agenda Subject: ZOA12-0005: Proposed
amendments to Auburn City Code Titles 17, 18, and 19 related to
“Housekeeping Amendments”
Date: June 18, 2012
Page 5 of 6
Conclusions
1. Pursuant to ACC Section 18.68.020 and 17.02.090, amendments of Titles 17 and 18
require a public hearing before the Planning Commission with a public hearing notice
published at least 10-days prior to the public hearing date.
Comment:
The public hearing notice was published in the Seattle Times on June 20, 2012 which is
at least 10-days prior to the Planning Commission public hearing scheduled for July 3,
2012. The public hearing notice was also posted on the City’s website.
2. These code amendments are supported by the City of Auburn’s Comprehensive Plan as
follows:
GP-3: The Planning Department will develop an annual work program that includes
work elements directed toward studying basic community needs, policy development,
and code administration.
LU-44: Home occupations in residential neighborhoods shall be permitted only if they
comply with performance standards that ensure compatibility with adjacent residential
uses.
Chapter 5 – Capital Facilities
Comment:
The proposed code amendments comply with the above comprehensive plan polices or
chapters. The Planning Department has set up an annual program where staff
documents potential amendments to the municipal code that have identified through use
of the code on project applications, results of customer inquiries, or to address changes
at the state level.
One of the proposed amendments addresses the Home Occupation regulations
(Chapter 18.64) specifically, home occupations operating on federal holidays. Staff
received a customer inquiry questioning why home occupations could not operate on
federal holidays when other businesses could operate. Allowing a home occupation
business to operate on federal holidays is not incompatible with residential uses. The
home occupation regulations would still limit the number of vehicle trips to the business.
The proposed amendment to Title 19, Impact Fees, revises when school districts are to
submit their request for an impact fee increase. When the City processes the school
district capital facilities plan (CFP) we also want to know if a school impact fee increase
is being requested so that increase can be reviewed concurrently with the CFP.
Annually the City adopts by reference the four school district CFPs.
The remaining code amendments modify when the deadline for final short plat and final
plat submittals to be consistent with recent changes in state law, clarify regulations that
were part of the Phase 1 code update work, and remove from the Downtown Urban
Agenda Subject: Agenda Subject: ZOA12-0005: Proposed
amendments to Auburn City Code Titles 17, 18, and 19 related to
“Housekeeping Amendments”
Date: June 18, 2012
Page 6 of 6
Center zoning district chapter the review by the Downtown Redevelopment Committee
as that council committee no longer exists.
Staff Recommendation
Planning Commission to recommend approval to the City Council.
Exhibits:
Exhibit 1 Proposed code changes to Title 17, Land Adjustments and Division, Title 18,
Zoning, and Title 19, Impact Fees
Exhibit 2 Request letter to Department of Commerce for Expedited State Review
Exhibit 3 Department of Commerce acknowledgement letter
Exhibit 4 Request to publish hearing notice in newspaper
Exhibit 5 Environmental Checklist
Exhibit 6 Determination of Non-Significance
Exhibit 7 Comments Letters
Exhibit 1
Draft Code Amendment
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May 21, 2012June 21, 2012
Page 1 of 22
Title 17 – Land Adjustments and Divisions
Chapter 17.09
SHORT SUBDIVISIONS
Sections:
17.09.010 General provisions.
17.09.020 Pre-application conference.
17.09.030 Preliminary application.
17.09.035 Survey requirements.
17.09.040 Reserved.
17.09.050 Development requirements.
17.09.060 Preliminary short subdivision approval.
17.09.070 Final short subdivision approval.
17.09.080 Distribution and filing.
17.09.090 Conditional approval requirements.
17.09.100 Release of improvement guarantee.
17.09.110 Time limitations.
17.09.120 Terms of approval.
17.09.035 Survey requirements.
A. A licensed professional land surveyor licensed in the state of Washington shall complete all
lot staking pursuant to RCW 58.09.040(1) prior to the recording of the short subdivision.
B. All lot corners, including interior lot corners, shall be marked with a permanent marker that
bears the land surveyor’s registration number. When the boundary lines follow a meandering
line, the “corners” shall be set as directed by the city of Auburn.
C. When the legal description of the short subdivision utilizes partial or complete section
subdivisional breakdown to establish the boundaries, section subdivision survey information
shall be shown in accordance with the requirements of WAC 332-130-030.
D. All reference monuments used in the establishment of the short subdivision corners shall be
identified, described and noted as set or found. When appropriate, the survey shall reference
previous surveys that served as the basis for the survey.
E. When the short subdivision is adjacent to a constructed public right-of-way and the plat
corners or its offset represent a quarter corner, section corner or donation land claim that is not
of record or has been lost (or obliterated), a standard monument shall be placed.
F. Whenever a short subdivision is adjacent to existing right-of-way, the centerline of the right-
of-way shall be located on the plat drawing. If the constructed improvements fall outside of the
documented right-of-way, the surveyor shall identify the existing edge of the pavement and
limits of the maintained right-of-way section on the drawing and show its relationship to said
centerline.
G. All requirements of Chapter 58.09 RCW and Chapter 332-130 WAC governing minimum
standards for land boundary surveys shall be met and a note shall be placed that reads:
THIS SURVEY COMPLIES WITH ALL THE STANDARDS AND GUIDELINES OF
THE “SURVEY RECORDING ACT” CHAPTER 58.09 RCW AND WAC 332-130.
H. The side lot lines of each lot, which if extended would intersect with the curb, shall be marked
on the curb. (Ord. 6239 § 1, 2009; Ord. 6006 § 3, 2006. Formerly 17.14.035)
17.09.050 Development requirements.
Draft Code Amendment
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May 21, 2012June 21, 2012
Page 2 of 22
A. Lot Area and Dimensions. Each lot created by short subdivision shall contain sufficient
square footage and lot dimensions to meet the requirements of ACC Title 18. Each lot to be
served by an on-site sewage disposal system shall be a minimum of 15,000 square feet in area
and shall also meet the minimum lot area requirements of the county department of health rules
and regulations. Land contained in access easements, tracts or panhandles shall not be
included in lot area or lot dimension calculations for the purposes of this section.
B. Every lot within a short subdivision shall be capable of being reasonably served by public or
private sewage disposal, water, storm drainage facilities and streets. The city will not approve a
short subdivision for which a building permit cannot be issued because of insufficient
infrastructure.
C. Conformance with Adopted Plans. Street, water, sewer and storm drainage facilities adjacent
to or within the short subdivision shall be in conformance with adopted city ordinances,
standards and policies. Easements for utilities recommended by such plans shall be provided to
the city, with the exact location of such easements to be determined by the city engineer.
D. Floods, Flood Control and Storm Drainage.
1. Where any portion of the proposed short subdivision lies within an area of special flood
hazard or regulatory floodway, conformance with adopted city flood hazard area
ordinances, standards and policies shall be required.
2. A conceptual storm drainage/site grading plan shall be required to be submitted, as part
of the short subdivision application, unless waived by the city engineer.
3. The proposed subdivision should have one or more new lots in the regulatory floodplain
set aside for open space use through deed restriction, easement, subdivision covenant, or
donation to a public agency. The density of the development in the portion of the
development outside the regulatory floodplain may be increased in accordance with
applicable land use and subdivision regulations.
4. If a parcel has a buildable site outside the regulatory floodplain, it shall not be
subdivided to create a new lot, tract, or parcel within a binding site plan that does not have
a buildable site outside the regulatory floodplain. This provision does not apply to lots set
aside from development and preserved as open space.
E. Adjacent Streets. When any public street lying adjacent to the property being short
subdivided has insufficient width or for any other reason does not conform to minimum street
standards, in accordance with the city design and construction standards, sufficient additional
right-of-way shall be dedicated to the city and appropriate improvements shall be made by the
subdivider to conform the abutting half of the street to such standards consistent with Chapter
12.64A ACC. Deferral of such improvement requirements shall be in conformance with the city
of Auburn design and construction standards.
F. Access.
1. All short subdivisions shall border on an opened, constructed and maintained public
street. All lots within a short subdivision shall either border on an opened, constructed and
maintained public street or shall be served by a private street, access easement, tract or
panhandle having direct access to such a public street. Where private streets and access
easements are provided, they shall be improved or guaranteed to the city of Auburn and
be in conformance with the city of Auburn design and construction standards.
2. All private streets, access easements and panhandles shall be capable of meeting the
fire access requirements of Chapter 15.36A ACC and the development standards of
Chapters 17.14 and 18.31 ACC, in addition to any other requirements of this title,
including, but not limited to, an adequate surface for access and minimum turnaround
requirements on dead-end streets or access easements as specified by the fire
department.
Draft Code Amendment
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May 21, 2012June 21, 2012
Page 3 of 22
3. All proposals shall ensure that all buildable lots shall have at least one access road
connected to land outside the regulatory floodplain with the surface of the road at or above
the FPE.
G. Dedication of Streets. Dedication of a public street or streets may be required, whenever the
city engineer finds that one or more of the following conditions applies:
1. The general alignment of a proposed private street, access easement or panhandle
follows the general alignment of a future arterial as shown in the comprehensive plan; or
2. The general alignment of a proposed private street, access easement or panhandle can
be reasonably modified to provide a desirable through-connection between two or more
existing or planned public streets or arterials; or
3. A public street would be necessary to provide adequate access to adjacent property not
subject to the proposed short subdivision.
H. Non-motorized Requirements. In addition to any frontage improvement requirements and
compliance with the City’s Comprehensive Transportation Plan, sidewalks and other planning
features that assure safe walking conditions for students who walk to and from school shall be
considered.
H. Fire Hydrants. All lots within a short subdivision shall be capable of being served by a fire
hydrant as required by Chapter 13.16 ACC. Property zoned RC, residential conservancy, may
be exempt, provided the requirements of ACC 13.16.030 are met.
I. The final recorded subdivision plat shall include a notice that part of the property is in the
SFHA, riparian habitat zone and/or channel migration area, as appropriate. (Ord. 6295 § 6,
2010; Ord. 6239 § 1, 2009; Ord. 6186 § 12, 2008; Ord. 6006 § 3, 2006. Formerly 17.14.055)
17.09.070 Final short subdivision approval.
A. Timeframe for Final Short Subdivision Approval. A final short subdivision meeting all
requirements of this title and the conditions and requirements of the written decision granting
preliminary short subdivision approval shall be submitted to the Auburn planning and
development department within five years of the date of preliminary short subdivision
approvalthe timeframes specified in ACC 17.09.110, unless otherwise extended by the director
or designee.
B. Procedures. Final short subdivision applications shall be processed as a Type II land use
action.
C. Application. An application for final short subdivision approval meeting all requirements of
Chapter 58.17 RCW and this title shall be submitted to the department of planning and
development accompanied by the following:
1. Application materials consistent with the requirements of ACC 17.02.065.
2. A copy of the approved preliminary short subdivision.
3. A final short subdivision drawing meeting the requirements of Chapter 58.17 RCW,
including certifications, dedications, and title reports;
4. Agency recommendations pursuant to RCW 58.17.150;
5. A recordable survey and surveyor’s signature meeting the requirements of Chapter
58.09 RCW and RCW 58.17.250. The map and legal descriptions included in the
application for final short subdivision shall be prepared and certified by a professional land
surveyor licensed in the state of Washington in a format acceptable to the city of Auburn
and the Survey Recording Act.
6. A title insurance report, not older than 30 days prior to the date of application,
confirming that the title of the land in the proposed subdivision is vested in the name of the
owners whose signatures appear on the final short subdivision’s certificate.
7. Computation data for all lots, streets and easements located within the plat.
Draft Code Amendment
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May 21, 2012June 21, 2012
Page 4 of 22
8. Failure of an applicant to submit all required application materials shall be considered a
lack of compliance with this section, and the director or designee may withhold the
application from further consideration until such time as the application is complete.
9. Declaration blocks shall be provided for the original tract owner, surveyor, approving
governmental agencies, and recording certification, in a manner as prescribed by the
director.
10. Proof of the date of last legal segregation of the parcel of land to be short subdivided,
if deemed necessary by the planning director.
11. Copy of restrictions, if any, to be imposed upon the use of the land. Such restrictions
must be recorded simultaneously with the short subdivision.
12. In any short subdivision where lots are served or to be served by a private road, the
subdivider shall furnish a copy of such further covenants or documents that will result in:
a. Each lot owner having access thereto and having responsibility for maintenance of
any private road contained within the short subdivision in such a condition as to allow
free access for emergency vehicles;
b. Such covenants or documents shall obligate any seller to give actual notice to any
prospective purchaser of the method of maintenance of the private road, which notice
shall be caused to be included in any deeds or contracts relating to such sale and
such covenants or documents shall be recorded simultaneously with the short
subdivision.
D. Preparation. The final short subdivision shall be prepared by a professional land surveyor
licensed by the state of Washington. The preparer shall, by placing his or her signature and
stamp upon the face of the final short subdivision, certify that the final short subdivision is a true
and correct representation of the land actually surveyed by the preparer, that the existing
monuments shown thereon exist as located and that all dimensional and geodetic details are
correct.
E. Scale and Format. The final plat shall be drawn with reproducible ink on Mylar measuring 18
inches by 24 inches in size, with a one-inch border on one edge and a one-half-inch border for
the other three edges for projects in King County and measuring 18 inches by 24 inches with a
two-inch border on the left edge and a one-half-inch border for the other three edges for projects
in Pierce County. The final short subdivision shall be accurate, legible and drawn to an
engineering (decimal) scale of 100 feet or fewer to the inch. If more than one sheet is required,
an index sheet showing the entire subdivision with street and highway names and block
numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above-
specified size. All signatures or certifications appearing on a final short subdivision shall be in
reproducible black ink.
F. Final Short Subdivision Contents. A final short subdivision drawing shall contain the following
information:
1. The name of the short subdivision, if applicable;
2. Legal description of the property being subdivided;
3. Numeric scale, graphic scale, basis of bearings and date of preparation of the final short
subdivision;
4. The boundary line of the short subdivision, referenced to city datum in accordance with
city design and construction standards and based on an accurate traverse, with angular
and linear dimensions and bearings;
5. The exact location, width and assigned name of all streets, alleys and other public ways
within and adjacent to the short subdivision;
6. A table depicting the assigned address for each lot within the short subdivision;
7. The exact location, width and purpose of all easements and dedications for rights-of-
way provided for public and private services and utilities;
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8. True courses and distances to the nearest established street lines, or section or quarter
section corner monuments which shall accurately locate the short subdivision;
9. Municipal, township, county or section lines accurately tied to the lines of the plat by
distances and courses;
10. All lot and block numbers and lines, with accurate dimensions in feet and hundredths
of feet;
11. The radii, internal angles, points of curvature, tangent bearings and lengths of all arcs;
12. The accurate location of each permanent control monument. One such monument
shall be located at each and every controlling corner on the boundaries of the parcel of
land being subdivided; at each street centerline intersection, each point of curvature (PC),
each point of tangency (PT), and each point of reverse curve (PRC); and at each
intersection of a street centerline with a plat boundary;
13. All plat meander lines or reference lines along bodies of water shall be established
above, but not farther than 20 feet from, the high water line of such body;
14. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for
public use, with the purposes of such dedication or reservation and any limitations
indicated thereon and in the dedication;
15. Accurate outlines of any areas to be reserved by deed covenant for common use of
owners of property within the subdivision, together with the purposes of such reservation;
16. Any restrictions or conditions on the lots or tracts within the short subdivision, as
required by the director, or at the discretion of the property owner;
17. A signed certification stating that the short subdivision has been made with the free
consent, and in accordance with the desires, of the owner or owners. If the short
subdivision includes a dedication, the certificate or a separate written instrument shall
contain the dedication of all streets and other areas to the public, any individual or
individuals, religious society or societies, or to any corporation, public or private, as shown
on the plat, and a waiver of all claims for damages against any governmental authority
which may be occasioned to the adjacent land by the established construction, drainage
or maintenance of said street or other areas so dedicated. Such certificate or instrument
shall be signed and acknowledged before a notary public by all parties having any interest
in the lands subdivided. An offer of dedication may include a waiver of right of direct
access to any street from any property. Such waiver may be required by the city engineer
as a condition of approval. Roads not dedicated to the public must be clearly marked on
the face of the plat. Any dedication, donation or grant as shown on the face of the plat
shall be considered as a quit claim deed to the said donee or grantee for use for the
purpose intended by the donation or grant. At the discretion of the city engineer,
conveyances of right-of-way may be required to be by statutory warranty deed. The
acceptance of right-of-way by the city shall not obligate the city to improve or develop the
lands in the right-of-way;
18. Forms for the appropriate certifications of the city engineer and planning director, as
follows:
CITY ENGINEER’S CERTIFICATE
I hereby certify that this short plat is in compliance with the certificate of
improvements issued pursuant to ACC 17.14.015, and is consistent with all
applicable City improvement standards and requirements in force on the date of
preliminary short plat approval, this ______ day of _____________, 20___.
______________________________
Auburn City Engineer
PLANNING DIRECTOR’S CERTIFICATE
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I hereby certify on this ______ day of ______________, 20____, that this final plat is
in substantial conformance with the preliminary plat and any conditions attached
thereto, which preliminary short plat was approved on the ______ day of
______________, 20____,
20. A form for the approval of the applicable county (King/Pierce) assessor, as follows or
as required by the applicable county, if different:
ASSESSOR’S APPROVAL
Examined and approved this ______ day of ______________, 20___.
______________________________
County Assessor
______________________________
Deputy County Assessor
____________________________
Account number
21. A form for the certificate of the applicable county recorder (King/Pierce), as follows or
as required by the applicable county, if different:
RECORDING CERTIFICATE
Filed for record at the request of the City of Auburn this ______ day of
____________, 20___ at _____ minutes past ______ __.M., and recorded in
Volume _____ of Plats, page ________ Records of (King or Pierce) County,
Washington.
County Recording Number _____.
______________________________
Manager
______________________________
Superintendent of Records
22. Any additional pertinent information as required at the discretion of the city engineer or
planning director.
G. Decision-Making Criteria for Final Short Subdivision Approval. The following criteria shall be
used by the director or designee in consideration of final short subdivision approval:
1. Whether conditions imposed when the preliminary short subdivision was approved have
been met;
2. The completion of the required improvements or their financial guarantee in
conformance with Chapter 17.14 ACC;
3. Whether the final short subdivision is in conformance with the city’s zoning regulations
and all other applicable land use regulations;
4. The director or designee shall not approve a final short subdivision until he or she
determines that it conforms to the approved preliminary short subdivision and any
conditions and restrictions imposed at time of preliminary approval. (Ord. 6287 § 2, 2010;
Ord. 6239 § 1, 2009.)
17.09.110 Time limitations.
A. Preliminary approvals for short subdivisions shall be valid for a period of five seven years
following the date of the notice of final decision if the date of the preliminary short plat approval
is on or before December 31, 2014, and within five years of the date of preliminary short plat
approval if the preliminary short plat approval is on or after January 1, 2015.; provided, that for
any preliminary approval in effect on June 10, 2010, through December 31, 2014, the approvals
shall be for a period of seven years following the date of the notice.
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B. If the preliminary short plat approval is on or before December 31, 2007 then the final short
plat shall be submitted to the City for approval within nine years of the date of preliminary short
plat approval and not subject to requirements adopted under RCW 90.58.
CB. Extensions. The director or designee may administratively authorize through a Type I land
use action extensions to preliminary short subdivision approvals. For purposes of this section,
the authority to issue extensions shall apply to preliminary short subdivision approvals
previously issued by the city. Extensions shall be issued in one-year increments up to a
maximum of three years, subject to the following criteria and conditions:
1. An applicant for an extension shall make a written request for the extension a minimum
of 30 calendar days prior to expiration of the preliminary short subdivision approval.
2. The director or designee shall in consideration of granting an extension find:
a. There have not been any substantial changes in the laws governing the
development of the short subdivision, with which lack of compliance would be
contrary to the public health, safety and welfare; or
b. The applicant has pursued final platting in good faith. Good faith shall be
evidenced by progress on final surveying, engineering, construction or bonding of
improvements; or
c. There have been substantial changes in economic conditions and market forces
that have substantively limited the ability of the applicant to pursue final platting.
3. A condition of any extension approval shall be that the subject short subdivision shall
comply with state or federal mandates required of the city and/or life, health and safety
requirements of the city in effect at the time of any extension approval.
DC. At the same time the director or designee is considering the extension, he or she may add
conditions or requirements upon factual determination that the addition of conditions or
requirements will benefit the public health, safety and welfare.
D. A short subdivision granted preliminary approval, but not filed for final plat approval within the
applicable time period or extended time period, shall be void. (Ord. 6317 § 1, 2010; Ord. 6239
§ 1, 2009.)
Chapter 17.10
PRELIMINARY SUBDIVISIONS
Sections:
17.10.010 Pre-application conference.
17.10.020 Application, submittal and contents.
17.10.030 Review process.
17.10.040 Administrative review.
17.10.050 Hearing examiner review of preliminary plats.
17.10.070 Findings of fact.
17.10.080 Notice of decision to applicant.
17.10.090 Transfer of property.
17.10.100 Adjustments of an approved preliminary plat.
17.10.110 Time limitations.
17.10.120 Development standards for panhandle lot access and private access tracts.
17.10.020 Application, submittal and contents.
A. Application. In addition to the requirements for a completed application as provided in ACC
Title 14, an application for subdivision approval shall include:
1. Application requirements found in ACC 17.02.065;
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2. A preliminary plat meeting the requirements of RCW 58.17.160 for a preliminary
subdivision;
3. A neighborhood circulation plan meeting the requirements of Chapter 17.16 ACC and
RCW 58.17.110(2) for safe walking paths for students;
4. Where any lot is proposed to be served by an on-site sewage disposal system,
results of preliminary percolation tests for each such proposed lot, conducted under the
county department of health rules and regulations;
5. A conceptual utility/site grading plan and/or methodology prepared in accordance
with the city’s comprehensive plans, standards or ordinance requirements. The
conceptual utility/site grading plan shall include adequate horizontal and vertical
information to ensure that utilities can be constructed consistent with the preliminary
plat layout;
6. The location of other utilities other than those provided by the city;
7. The application shall include a transportation site plan for streets, pedestrian, and
bike facilities. The site plan shall include adequate horizontal and vertical information to
ensure the transportation facilities can be constructed consistent with the preliminary
plat layout;
8. A title report, with liability for errors not to exceed the assessed value of the lots on
the date of application. The title report shall be issued no more than 30 days prior to the
application date;
9. Copy of restrictions, if any, to be imposed upon the use of the land. Such restrictions
must be recorded simultaneously with the subdivision.
B. Preparation. The preliminary plat or short plat shall be prepared by a professional engineer or
professional land surveyor registered or licensed by the state of Washington. The preparer
shall, by placing his or her signature and stamp upon the face of the plat, certify that all
information is portrayed accurately and that the proposed subdivision or short subdivision
complies with the standards and requirements of this title, the Auburn zoning ordinance and any
other applicable land use and development controls.
C. Scale and Format. The preliminary plat shall be drawn with reproducible black ink on Mylar.
All geographic information portrayed by the preliminary plat shall be accurate, legible, and
drawn to an engineering (decimal) scale.
D. Preliminary Plat Contents. A preliminary plat shall provide the following information:
1. General Information. The following information shall appear on each sheet of a
preliminary plat or short plat:
a. The name of the proposed subdivision, together with the words “preliminary
plat”;
b. The name and address of the applicant;
c. The name, address, stamp and signature of the professional engineer or
professional land surveyor who prepared the preliminary plat or short plat;
d. Numeric scale, graphic scale, true north point and date of preparation;
e. A form for the endorsement of the planning director, as follows:
APPROVED BY RESOLUTION _____ OF THE CITY COUNCIL ON (Date)
________
_________________________________
Director, Planning and Development Dept.
________
Date
f. Legal description of preliminary plat.
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2. Existing Geographic Features. Existing geographic features, as detailed in city
application requirements, shall be drawn lightly in relation to proposed geographic
features.
3. Proposed Geographic Features. Proposed geographic features, as detailed in city
application requirements, shall be shown.
4. Additional Information. The following additional information shall be shown on the
face of the preliminary plat:
a. For proposed subdivisions involving residential land uses, a table providing the
following information for each distinct residential area:
i. Proposed land use (e.g., single-family, duplex, multifamily);
ii. Number of dwelling units;
iii. Gross acreage;
iv. Existing zoning designation;
v. Proposed zoning designation;
vi. Approximate area of smallest lot;
b. Proposed source of domestic water supply;
c. Proposed sewage disposal system;
d. Typical street cross section(s);
e. Proposed storm drainage system;
f. For preliminary plats that are related to a planned unit development (PUD), the
following information shall also be provided:
i. The ordinance and contract of the PUD rezone if previously done;
ii. The location of perimeter walls and fences on the boundary of the PUD and
an indication of the height and materials;
iii. The location and size of any entrance signs;
iv. A landscaping plan;
v. Any covenants not previously approved. (Ord. 6287 § 2, 2010; Ord. 6239
§ 1, 2009; Ord. 5170 § 1, 1998; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996;
Ord. 4296 § 2, 1988. Formerly 17.06.020)
17.10.050 Hearing examiner review of preliminary plats.
A. Pursuant to the provisions of Chapter 18.66 ACC, the hearing examiner shall within 104
calendar days of the closure of the public hearing approve, deny, or approve with conditions the
preliminary plat. The hearing examiner shall not recommend approval of the preliminary plat
unless he finds the proposed subdivision is in conformance with the findings of fact as outlined
in ACC 17.10.070.
B. Pursuant to the provisions of ACC 18.66.150, the planning director or any interested party
affected by the recommendation of the examiner who asserts that the hearing examiner based
that recommendation on an erroneous procedure, errors of law or fact, error in judgment, or the
discovery of new evidence which could not be reasonably available at the prior hearing may
make a written request for review by the examiner within seven calendar days after the written
decision of the examiner has been rendered. The request for reconsideration shall set forth the
specific errors relied upon by such appellant, and the examiner may, after review of the record,
take further action as the examiner deems proper. The examiner may request further
information which shall be provided within 104 calendar days of the examiner’s request. The
examiner’s written decision on the request for consideration shall be transmitted to all parties of
record within 104 calendar days of receipt of the request for reconsideration or receipt of the
additional information requested, whichever is later. (Ord. 6239 § 1, 2009; Ord. 6186 § 4, 2008;
Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.06.050.)
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17.10.0670 Findings of fact.
Preliminary plats shall only be approved if findings of fact are drawn to support the following:
A. Adequate provisions are made for the public health, safety and general welfare and for open
spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds and schools;
B. Conformance of the proposed subdivision to the general purposes of the comprehensive
plan;
C. Conformance of the proposed subdivision to the general purposes of any other applicable
policies or plans which have been adopted by the city council;
D. Conformance of the proposed subdivision to the general purposes of this title, as enumerated
in ACC 17.02.030;
E. Conformance of the proposed subdivision to the Auburn zoning ordinance and any other
applicable planning or engineering standards and specifications as adopted by the city, or as
modified and approved as part of a previously approved PUD;
F. The potential environmental impacts of the proposed subdivision are mitigated such that the
preliminary plat will not have an unacceptable adverse effect upon the quality of the
environment;
G. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances.
(Ord. 6239 § 1, 2009; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4772 § 1, 1995; Ord.
4296 § 2, 1988. Formerly 17.06.070)
17.10.0780 Notice of decision to applicant.
Following the decision of the hearing examiner approving or rejecting a preliminary plat, the
director shall notify the applicant of the decision. The notice shall be accompanied by a copy of
the decision. If the decision is for approval or approval with conditions, the notice shall advise
the applicant to prepare an improvement method report, as described by Chapter 17.14 ACC,
and shall inform the applicant regarding the applicable time limitations on final plat submittal.
This notice of decision is in addition to any notice of decision required under ACC Title 14. (Ord.
6239 § 1, 2009; Ord. 6186 § 5, 2008; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2,
1988. Formerly 17.06.080.)
17.10.0890 Transfer of property.
If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel
of land, following preliminary plat approval but prior to final plat approval, is expressly
conditioned on the recording of the final plat containing the lot, tract or parcel under this chapter,
the offer or agreement does not violate any provision of this chapter. All payments on account of
an offer or agreement conditioned as provided in this section shall be deposited in an escrow or
other regulated trust account and no disbursement to sellers shall be permitted until the final
plat is recorded. (Ord. 6239 § 1, 2009; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2,
1988. Formerly 17.06.090.)
17.10.9100 Adjustments of an approved preliminary plat.
A. Minor Adjustments. Minor adjustments may be made and approved by the planning director.
Minor adjustments are those which may affect the precise dimensions of the plat but which do
not affect the basic character or arrangement of the lots and streets. Such dimensional
requirements shall not vary more than 10 percent from the original. The adjustments cannot be
inconsistent with the requirements of the preliminary plat approval. The adjustments cannot
cause the subdivision to be in violation of this title, the zoning ordinance, any other applicable
city land use control, Chapter 58.17 RCW, or any other applicable state law or regulation. Minor
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adjustments shall be reviewed for consistency with this chapter and the regulations of this title,
as well as the following criteria:
1. The adjustment maintains the design intent or purpose of the original approval; and
2. The adjustment maintains the quality of design or product established by the original
approval; and
3. The adjustment does not cause a significant environmental or land use impact on or
beyond the site; and
4. The adjustment is not precluded by the terms of this title or by state law from being
decided administratively; and
5. Circumstances render it impractical, unfeasible or detrimental to the public interest to
accomplish the subject condition or requirement of preliminary plat or short plat
approval.
B. Major Adjustments. Major adjustments are those that, when determined by the planning
director, substantially change the basic design, layout, open space or other requirements of the
plat. When the planning director determines a change constitutes a major adjustment, a new
application for a preliminary plat is required and shall be processed as a new and separate
application. (Ord. 6239 § 1, 2009; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2,
1988. Formerly 17.06.100.)
17.10.1010 Time limitations.
A. Preliminary approvals for subdivisions shall be valid for a period of five seven years following
the date of the notice of final decision if the date of the preliminary plat approval is on or before
December 31, 2014, and within five years of the date of preliminary plat approval if the
preliminary plat approval is on or after January 1, 2015.
B. If the preliminary short plat approval is on or before December 31, 2007 then the final plat
shall be submitted to the City for approval within nine years of the date of preliminary plat
approval and not subject to requirements adopted under RCW 90.58.; provided, that for any
notice of final decision in effect on June 10, 2010, through December 31, 2014, the approvals
shall be for a period of seven years following the date of the notice.
CB. Extensions. The director or designee may administratively authorize through a Type I land
use action extensions to preliminary plat approvals. For purposes of this section, the authority to
issue extensions shall apply to preliminary plat approvals previously issued by the city.
Extensions shall be issued in one-year increments up to a maximum of three years, subject to
the following criteria and conditions:
1. An applicant for an extension shall make a written request for the extension a
minimum of 30 calendar days prior to expiration of the preliminary plat approval.
2. The director or designee shall in consideration of granting an extension find:
a. There have not been any substantial changes in the laws governing the
development of the plat, with which lack of compliance would be contrary to the
public health, safety and welfare; or
b. The applicant has pursued final platting diligently, as evidenced by progress on
final surveying, engineering, construction or the financial security of improvements;
or
c. There have been substantial changes in economic conditions and market forces
that have substantively limited the ability of the applicant to pursue final platting.
3. A condition of any extension approval shall be that the subdivision shall comply with
state or federal mandates required of the city and/or life, health and safety requirements
of the city in effect at the time of any extension approval.
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C. At the same time the director or designee is considering the extension, he or she may add
conditions or requirements upon factual determination that the addition of conditions or
requirements will benefit the public health, safety and welfare.
D. A plat granted preliminary approval, but not filed for final plat approval within the applicable
time period or extended time period, shall be null and void. (Ord. 6317 § 3, 2010; Ord. 6239 § 1,
2009; Ord. 6186 § 6, 2008; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.
Formerly 17.06.110.)
17.10.1120 Development standards for panhandle lot access and private access tracts.
A. Panhandle Lot Access.
1. The maximum length of a panhandle lot access within the R-5, R-7, R-10, R-16, R-
20, and RO zones and residential PUDs shall be 150 feet. When there are unique
physical limitations of the property including but not limited to steep slopes, significant
vegetation, or sensitive environmental areas that would be impacted less if a longer
panhandle length were provided, then the planning director may allow additional length.
The planning director may also allow for additional length if there is an existing
intervening parcel of the property (that has a lot depth greater than 150 feet) between
the proposed panhandle lot and the abutting street. There shall be no limitation of
length within the other zoning districts of the city.
2. All residential and nonresidential panhandle accesses shall meet the standards of the
city of Auburn engineering, design and construction standards manual.
3. If two panhandle accesses within the same plat abut each other, then one common
paved driveway, spanning both panhandles, may be provided as part of the two
panhandles. The pavement width of the driveway shall be determined using the same
methodology as subsection (A)(2) of this section.
4. Not more than two panhandle accesses within the same plat may abut each other.
Alternatively, a separate access tract shall be required in lieu of more than two separate
panhandle accesses. The separate access tract shall meet the requirements of
subsection B of this section.
B. Private Access Tracts and/or Easements.
1. Private access tracts and/or easements will be allowed when it is physically
impractical to provide a lot with direct access to a public street due to unique physical
limitations of the property, including but not limited to steep slopes, significant
vegetation, or sensitive environmental areas. If the lot abuts an arterial, an access tract
may also be allowed to provide an alternate access to the lot if it is impractical to
provide for another public street due to the aforementioned physical limitations. The use
of access tracts cannot preclude or hinder the alignment of future public streets that
would otherwise serve the area.
2. Access tracts can only be created through a plat process pursuant to Chapter 17.09
ACC and this chapter. Ownership and maintenance responsibilities will also be
determined as part of the plat process.
3. The maximum number of lots to be served by one access tract shall be six. If a lot
abuts an access tract and a public street, then the front lot line shall be oriented to the
public.
4. All access tracts and/or easements must connect to a public street and the maximum
length shall be 150 feet as measured from the edge of the public street right-of-way.
Additional length may be allowed if the unique physical limitations of the property
including but not limited to steep slopes, significant vegetation, or sensitive
environmental areas would be impacted less if additional length were provided. The
access tract shall not allow for through vehicle access.
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5. Private access tracts and/or easements shall meet city of Auburn design and
construction standards.
C. Emergency Access Provisions. Irrespective of the requirements of this section, additional
provisions may be required if needed to provide for adequate emergency access as determined
by the Auburn fire marshal. The additional provisions may include but not be limited to providing
for turnarounds, additional access tract width, fire hydrants or sprinklering of the building. (Ord.
6239 § 1, 2009.)
Title 18 – Zoning
Chapter 18.29
DUC DOWNTOWN URBAN CENTER DISTRICT
Sections:
18.29.010 Intent.
18.29.020 Scope.
18.29.030 Process.
18.29.040 Definitions.
18.29.050 Use limitations.
18.29.053 Uses/activities requiring an administrative use permit.
18.29.055 Uses/activities requiring a conditional use permit.
18.29.060 Development standards.
18.29.070 Design standards.
18.29.060 Development standards.
I. Signs. The design of all signs shall be in conformance with the design standards referenced in
ACC 18.29.070. Allowable types, numbers and sizes of signs shall be as follows:
1. Freestanding. Not allowed, except for monument signs as described within the
“Downtown Auburn Design Standards”; no more than one per street frontage; maximum
size: 64 square feet, calculated at a rate of one square foot of sign area per lineal foot of
site frontage; minimum entitlement shall be 32 square feet; maximum height: five feet.
2. Wall signs: maximum area of 150 square feet per building facade, calculated at a rate of
one square foot of sign area for every lineal foot of facade; minimum entitlement shall be
16 square feet.
3. Suspended signs attached under a marquee or canopy: one double-faced sign, no
greater than three square feet per face allowed for each building entrance; minimum
maximum clearance above grade: eight feet.
4. Portable Signs. Except for Main Street frontages, Oone portable sign may be allowed
for each business entrance, not to exceed one portable sign per building frontage, subject
to the following:
a. May be placed within public right-of-way subject to the guidelines provided by the
director in consultation with the city engineer such that sign placement does not
interfere with pedestrian or vehicular traffic and conforms to the requirements of the
Americans with Disabilities Act.
b. May not exceed 36 inches in height and 30 inches in width and be limited to two
faces.
c. May be displayed during business hours only.
d. Must be constructed of either wood or another sturdy material to ensure stability in
the wind.
e. May not move, spin, flash, or otherwise be animated.
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f. Shall meet applicable supplemental design requirements of the Auburn downtown
association.
18.29.070 Design standards.
Adopted by reference are the “Downtown Auburn Design Standards,” and the “Auburn Junction
Design Standards,” a copy of which shall be maintained by the city clerk. This document
contains standards for development of the built environment in the DUC zone. The director shall
have the authority to apply the standards to specific development proposals. These standards
may be amended upon approval by the planning and community development committee of the
Auburn city council except amendments related to the four block redevelopment, bounded by
West Main Street, 2nd Street SE, Auburn Avenue, and “A” Street SW, and properties within one
block radius may be amended upon approval by the downtown redevelopment committee of the
Auburn city council. (Ord. 6287 § 2, 2010; Ord. 6190 § 1, 2008; Ord. 6071 § 6 (Exh. A), 2007.)
Chapter 18.31
SUPPLEMENTAL DEVELOPMENT STANDARDS
Sections:
18.31.010 Daycare standards.
18.31.020 Fences.
18.31.030 Height limitations – Exceptions.
18.31.040 Lots.
18.31.050 Single-family dwelling siting and design standards.
18.31.060 Recreational vehicle parks.
18.31.070 Setbacks.
18.31.080 Heliports.
18.31.090 Work release, prerelease and similar facilities.
18.31.100 Wireless communications facilities siting standards.
18.31.110 Siting of microcells.
18.31.115 Wetland mitigation.
18.31.120 Accessory dwelling units.
18.31.130 Reserved.
18.31.140 Gated residential subdivisions.
18.31.150 Secure community transition facilities.
18.31.160 Supportive housing development standards.
18.31.170 Reserved.
18.31.180 Performance standards.
18.31.190 Supplemental development standards for residential mobile home communities.
18.31.200 Multifamily development and mixed-use development design standards and
procedures.
18.31.210 Agricultural enterprises development standards.
18.31.220 Permitted animals.
18.31.230 Table of allowed districts.
18.31.020 Fences.
A. Height Regulations. The minimum or maximum height requirements as stipulated throughout
this chapter shall be considered to be met if the height of the fence is within six percent of the
height required. The height of the fence shall be determined from the existing, established grade
on the property.
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1. The following regulations shall apply in the R-1, R-5, R-7, R-10, R-16, R-20, R-MHC,
RO, RO-H, I, C-N, C-1, C-2, and DUC zones:
a. Fences may be constructed to a height not to exceed the following in each of the
required setback areas, as regulated per each zone, or as modified by subsection B
of this section:
i. Front setback: 42 inches; provided, that fences constructed of chain link,
wrought iron or similar materials that provide visibility may be 72 inches in
height;
ii. Side setback: 72 inches;
iii. Rear setback: 72 inches;
iv. Street side setback: 72 inches.
2. Fences and walls built within the building area of a lot may be as high as the maximum
building height allowed within the applicable zone. Building permits are required for fences
exceeding six feet in height.
3. If the fence includes a gate or similar feature, a vehicle refuge area shall be provided
within the driveway to avoid blocking the street of the public right-of-way.
B. Special Height Restrictions.
1. There shall not be anything constructed or reconstructed, and no obstruction permitted,
within the sight distance triangle area as required by city of Auburn engineering design
standards.
2. In general, no fence, hedge, structure or other obstruction shall act as a sight hazard to
traffic, and the city engineer may order the removal of such hazard whether or not such
object otherwise complies with the provisions of this title.
C. Screened Fence.
1. A screened fence shall consist, at a minimum, of a chain link fence interwoven with
slats placed in every row or available space in the fence.
2. A 100 percent sight-obscuring fence shall be constructed of solid wood, metal, concrete
or other appropriate material which totally conceals the subject use from adjoining uses.
D. Fences and Associated Landscaping.
1. When landscaping is required along the property line, the fence shall be set back a
minimum of five feet if the fence abuts a street right-of-way, so as to not obscure such
landscaping.
2. At other property lines, the landscaping shall be located to serve the greatest public
benefit.
E. Obstructions – Generally Prohibited.
1. In no case shall any fence and/or hedge be constructed or grown such that it deters or
hinders the fire authority from gaining access to any fire authority connection, fire
protection control valve, fire hydrant, or fire authority appliance or device. Minimum
clearance requirements for fire hydrants shall be in accordance with the city design and
construction standards.
2. In no case shall any fence and/or hedge obstruct the visibility of any fire hydrant from a
distance of 150 feet, in any direction, of vehicular approach to the hydrant.
3. In no case shall any fence and/or hedge be constructed or grown in a manner which
interferes with access to storm or sanitary sewer manholes and other appurtenances
which require access for maintenance purposes.
F. Other than in the P-1, M-1 or M-2 zones, no fence may include the use of barbed wire;
provided, that pasture areas a minimum of one acre in area may be fenced with barbed wire in
any zone. Barbed wire may be attached to the top of and in addition to the height of a 72-inch
fence in the above zones, provided it does not extend more than one additional foot in height.
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See ACC Section 8.12.060 for additional requirements for nuisances related to fences such as
electric fences.
G. Any fence located within a front setback that features a locking gate or similar security device
shall provide emergency access in a manner acceptable to the fire marshal. (Ord. 6245 § 15,
2009.)
18.31.120 Accessory dwelling units.
Accessory dwelling units are permitted outright in all residential zones that permit single-family
homes, and may be developed with new or existing single-family homes. The development
standards of the underlying zone and the following siting and performance standards shall apply
to all accessory dwelling units as defined by ACC 18.04.018.
A. The home or accessory dwelling unit must be the principal place of residence for the
homeowner.
B. Only one accessory dwelling unit may be permitted per single-family residence.
C. An accessory dwelling unit shall not be larger than 50 percent of the square footage of the
single-family home with garage space not being included in the calculation. In no case shall the
accessory dwelling unit be more than 950 square feet, nor less than 300 square feet, nor have
more than two bedrooms.
D. Exterior Appearance/Modifications.
1. Any alterations shall not change the appearance from that of a single-family residence,
as determined by the planning director.
2. Only one exterior entrance is allowed to the accessory dwelling unit and it can be
located no closer than 10 feet to an adjoining property line.
3. Any exterior stairs shall be placed in the rear or side setback and no closer than 10 feet
to an adjoining property line.
4. Where garage space is converted to living space, the garage door shall be replaced
with materials that match the exterior of the house. If a detached garage is converted, its
appearance must still be that of a detached garage and the detached garage must be able
to be used for parking of at least one vehicle.
E. Parking Requirements.
1. The parking required for the existing single-family home must meet all requirements of
the zoning code including amount, size and setback requirements in order for an
accessory dwelling unit to be allowed.
2. One additional parking space, beyond those required for the single-family home, is
required for an accessory dwelling unit. The additional parking space must also meet all
requirements of the zoning code.
3. Newly created parking shall make use of existing curb cuts, when possible.
F. An accessory dwelling unit may not be sold as a separate piece of property, or as a
condominium unit, unless allowed by the existing zoning on the property.
G. Any homeowner seeking to establish an accessory dwelling unit shall apply for approval in
accordance with the following procedures:
1. The homeowner shall apply for an accessory dwelling unit permit with the city. A
complete application shall include a properly completed application form, floor and
structural plans, and fees. and an affidavit of owner residency. The affidavit of owner
residency must be signed before a notary public affirming that the owner meets the
requirements of subsections A through E of this section.
2. Before issuance of the certificate of occupancy for an accessory dwelling unit permit,
the homeowner must provide a copy of a statement recorded with the county records and
elections officein which the subject property is located resides. The statement must read:
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An application for a permit for an accessory dwelling unit has been submitted to the
city of Auburn by the owner of this property. Future owners are advised that the
owner of the property must comply with all requirements of the Auburn Zoning Code,
as amended, if the accessory dwelling unit is to be occupied or rented.
H. If an accessory dwelling unit is to be removed, appropriate permits and inspections must first
be received from the city. If a homeowner wants to remove the statement as required by
subsection (G)(2) of this section from the property’s title, then the city shall issue an appropriate
release upon evidence that the accessory dwelling unit has been removed. The release shall be
recorded by the homeowner with the county records and elections office and a copy of the
recorded release shall be provided to the city. (Ord. 6245 § 15, 2009.)
Chapter 18.60
HOME OCCUPATIONS
Sections:
18.60.010 Purpose.
18.60.020 Requirements.
18.60.030 Exemptions.
18.60.040 Special home occupation permit.
18.60.050 Businesses not permitted as home occupations.
18.60.060 Termination.
18.60.020 Requirements.
Home occupations are required to have a business license as issued by the city, comply with all city
codes and ordinances, and shall be consistent with the following provisions:
A. Only members of the immediate family residing on the premises and no more than one non-resident
may be employed at any one time; provided, that home occupations with a nonresident employee shall
provide off-street parking for the employee on site;
B. No mechanical equipment is used except such as is commonly or customarily used for domestic,
household or personal purposes for a dwelling unit (or as deemed similar in terms of power, quantity,
noise, emissions and type);
C. Not more than one-fourth of the floor area of any building is devoted to such occupation, except for
bed and breakfasts;
D. That such occupation shall not require internal or external alteration or involve construction features
not customarily found in a dwelling;
E. The home occupation shall not involve the use of personal commercial vehicles as defined in ACC
18.04.245 for the distribution of materials to or from the premises. Deliveries or pickups by commercial
delivery services shall not apply toward this limitation provided such pickup or delivery does not exceed
twice per day;
F. The conduct of any home occupation, including but not limited to the storage of goods and equipment,
shall not reduce or render unusable areas provided for the required off-street parking. Additional parking
is not allowed in order to conduct a home occupation, except what may be required through the issuance
of a special home occupation permit pursuant to ACC 18.60.040;
G. Only one sign is permitted, not to exceed 18 inches by 24 inches in area, nonilluminated, and attached
to a building, except that home occupations in commercial or industrial zones may have signs consistent
with the applicable zoning district;
H. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or
adjacent residences;
I. No more animals are maintained on the premises than what may otherwise be permitted in the zone;
J. Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of
operation:
1. Employees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00 p.m.
on Saturday and Sundays;
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2. Customers from 9:00 a.m. to 6:00 p.m. Monday through Saturday;
3. No employee or customer visits shall be permitted on Sundays or federal holidays;
K. Traffic generated by the home occupation shall be limited to a maximum of eight (two-way)
client/delivery-related trips per day for those hom e occupations that operate by appointment only and do
not have overlapping client visits. All other home occupations shall be limited to five (two-way)
client/delivery trips per day;
L. Outdoor storage of materials, goods, products or equipment is not allowed;
M. The home occupation is to be conducted in such a manner that the residence shall not differ from its
residential character either by the use of colors, materials, construction, lighting, signs, or the em issions
of sounds, noises, vibrations or odors or result in traffic impacts inconsistent with the character of the area
in which the home occupation is located. (Ord. 6141 § 1, 2007; Ord. 5897 § 21, 2005; Ord. 4229 § 2,
1987.)
Chapter 18.52
OFF-STREET PARKING AND LOADING
Sections:
18.52.005 Intent.
18.52.010 Applicability.
18.52.020 Number of off-street parking spaces required.
18.52.025 Disabled/handicapped parking requirements.
18.52.030 Reductions of the quantity of required parking.
18.52.040 Drive-through facilities.
18.52.050 Parking design, development, and maintenance standards.
18.52.060 Repealed.
18.52.065 Commercial vehicles in residential zones.
18.52.070 –
18.52.100 Repealed.
18.52.110 Fractional spaces.
18.52.120 Repealed.
18.52.125 Stacked parking.
18.52.130 Off-street loading space.
18.52.135 Alternate parking layouts.
18.52.020 Number of off-street parking spaces required.
Each principal use of the land, building, or structure shall provide the number of off-street
parking spaces required by this section. The following standards are not applicable in the DUC,
downtown urban center zone; refer to Chapter 18.29 ACC for specific requirements for that
zone.
A. Parking Requirements by Land Use.
1. Minimum Number of Parking Spaces. Each land use shall provide the minimum number
of off-street parking spaces required by Table 18.52.020, except where a greater number
of spaces are required through a more specific approval process such as an
administrative use permit or conditional use permit approval.
2. Uses Not Listed. Where a use is not listed in Table 18.52.020 the planning director shall
determine the number of required parking and/or loading spaces. The planning director
shall use the requirements in Table 18.52.020 as a guide in determining the number of off-
street parking spaces required based on the similarity of uses or may consider a parking
generation study.
B. Maximum Number of Parking Spaces. Except for required parking spaces for persons with
disabilities, spaces provided in park and ride lots operated by a public transit agency, spaces for
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carpools, spaces for electric vehicle charging and spaces within structured parking with two or
more levels, the maximum number of parking spaces for nonresidential uses shall not exceed
125 percent of the minimum spaces required by Table 18.52.020.
C. Measurement of Floor Area. In any case where Table 18.52.020 establishes a parking
requirement based on floor area in square feet (for example: two spaces per 1,000 square feet
(sf) of floor area), the floor area shall be construed to mean gross floor area (defined in ACC
18.04.430).
D. Use with Accessory Components. A single use with accessory components shall provide
parking for the primary use, and each component. For example, a hotel with a meeting room
may be required to provide the parking spaces required by Table 18.52.020 for a hotel (i.e., the
guest rooms), and for a meeting room.
E. Obstruction. Removal of required parking or loading spaces from practical use by obstruction,
erection of buildings, or other actions as to reduce the parking or loading capacity or usefulness
thereof below the minimum requirements established in this chapter is prohibited.
Table 18.52.020 Off-Street Parking Requirements by Land Use
Land Use Type: Unit of Measure: Required Parking Rate
(spaces per unit of
measure):
Residential Categories
Single-family, detached dwelling, adult family
home
Dwelling unit 2.00
Two-family dwelling (duplex) Dwelling unit 2.00
Multifamily dwelling (one and two bedroom units) Dwelling unit 1.50
Multifamily dwelling (three bedroom units or more) Dwelling unit 2.00
Mobile home dwellings1 Dwelling unit 2.00
Assisted living facilities 4 bedrooms 1.00
Plus one space for
each two employees
Group living (includes supportive housing,
boardinghouse)
2 bedrooms 1.00
Commercial Categories
Auto, boat, or recreational vehicle sales or leasing,
new or used
5,000 square feet of outdoor
sales area
1,000 square feet of
showroom and service
facilities
1.00
1.00
Daycare centers Each 10 children in care 2.00
Eating and drinking establishments 1,000 square feet of floor
area
10.00
Food retail stores and markets 1,000 square feet of floor
area
5.00
Health and fitness clubs 1,000 square feet of floor
area
10.00
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Hotel or motel Guest room or rental unit 1.00
Mini-marts and self service gas stations 1,000 square feet of floor
area
5.00
Mortuaries or funeral homes Seat2 0.25
Motor vehicle repair and services 1,000 square feet of floor
area
2.50
Personal service shops 1,000 square feet of floor
area
2.50
Retail commercial establishments, less than
15,000 square feet of floor area
1,000 square feet of floor
area
2.50
Retail commercial establishments, greater than
15,000 square feet of floor area
1,000 square feet of floor
area
4.00
Shopping centers 1,000 square feet of floor
area
4.00
Office Categories
Business and professional offices 1,000 square feet of floor
area
2.00
Medical, dental, and other doctor’s offices 1,000 square feet of floor
area
5.00
Manufacturing Processing and Warehousing
Categories (See 18.52.020(D)
All manufacturing, industrial, and processing uses,
except the following:
1,000 square feet of floor
area
1.00
Warehousing 2,000 square feet of floor
area
1.00
Storage – Personal storage/mini-storage facilities Storage unit3 Minimum of 2 spaces
Recreation, Education, Public Assembly
Categories
Auditoriums, stadiums, and theaters Seat2 0.25
Commercial recreation facilities – Indoor, except
for the following:
1,000 square feet of floor
area
5.00
Bowling alleys Lanes 5.00
Pool and billiard rooms Table 2.00
Skating rinks 1,000 square feet of floor
area
5.00
Commercial recreation facilities – Outdoor 1,000 square feet of usable
recreational area
3.00
Hospitals Bed 1.75
Library, museum 1,000 square feet of floor
area
2.50
Meeting facility, public or private Seat2 0.25
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Religious assembly Seat2 0.20
Schools (public and private)
Kindergarten schools Employee4 1.00
Elementary/middle schools Teaching station 1.20
Secondary (high) schools Student 0.40
College or university (including trade and
business schools)
Student 0.75
Studios (dance, martial arts, etc.) 1,000 square feet of floor
area
5.00
Tennis/racquetball/handball or other sport courts Court
Each 300 sf of floor area for
accessory uses
2.00
1.00
Recreational uses not listed elsewhere Same as retail, based on size
Notes:
1. Within mobile home parks, parking space shall not be allowed within the required setbacks.
Guest parking shall be provided within the development: five percent of total requirement.
2. Seat, 18 inches of bench, or 25 square feet of floor space.
3. Parking shall be provided by parking/driving lanes adjacent to buildings. Two parking spaces
shall be provided adjacent to the manager’s quarters.
4. There shall be two visitor-parking stalls provided for each 10 required employee stalls.
(Ord. 6388 § 1, 2011; Ord. 6167 § 4, 2008; Ord. 6140 § 2, 2007; Ord. 6071 § 3, 2007; Ord.
5777 § 1, 2003; Ord. 5556 § 1, 2001; Ord. 5170 § 1, 1998; Ord. 4949 § 1, 1997; Ord. 4304 §
1(40), (41), 1988; Ord. 4229 § 2, 1987.)
Title 19 – Impact Fees
Chapter 19.02
SCHOOL IMPACT FEES
Sections:
19.02.010 Purpose.
19.02.020 Definitions.
19.02.030 Determination of the amount of the impact fees.
19.02.040 Interlocal agreement between the city and district.
19.02.050 Submission of district capital facilities plan and data.
19.02.060 Annual council review.
19.02.070 Fee collection.
19.02.080 Exemptions.
19.02.090 Adjustments, exceptions and appeals.
19.02.100 Impact fee accounts and refunds.
19.02.110 Impact fee formula.
19.02.115 Impact fee calculation and schedule for the Dieringer School District.
19.02.120 Impact fee calculation and schedule for the Auburn School District.
19.02.130 Impact fee calculation and schedule for the Kent School District.
19.02.140 Impact fee calculation and schedule for the Federal Way School District.
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19.02.050 Submission of district capital facilities plan and data.
A. On an annual basis (by July 1stthe second Friday in June or on a date agreed to by district
and the city and stipulated in the interlocal agreement), any district for which the city is collecting
impact fees shall submit the following materials to the city council:
1. The district’s capital facilities plan (as defined herein) as adopted by the school board;
2. The district’s enrollment projections over the next six years, its current enrollment and
the district’s enrollment projections and actual enrollment from the previous year;
3. The district’s adopted standard of service;
4. The district’s overall capacity over the next six years, which shall take into account the
available capacity from school facilities planned by the district but not yet built and be a
function of the district’s standard of service as measured by the number of students which
can be housed in district facilities; and
5. An inventory of the district’s existing facilities; and
6. If the school impact fee adjustment request by the school district increases the school
impact fee, the request shall be in writing to the City and submitted concurrently with the
district’s capital facilities plan..
B. To the extent that the district’s standard of service identifies a deficiency in its existing
facilities, the district’s capital facilities plan must identify the sources of funding other than
impact fees for building or acquiring the necessary facilities to serve the existing student
population in order to eliminate the deficiencies within a reasonable period of time.
C. Facilities to meet future demand shall be designed to meet the adopted standard of service.
If sufficient funding is not projected to be available to fully fund a capital facilities plan which
meets the adopted standard of service, the district’s capital facilities plan should document the
reason for the funding gap, and identify all sources of funding that the district plans to use to
meet the adopted standard of service.
D. The district shall also submit annually to the city a report showing the capital improvements
for which the impact fees have been used.
E. In its development of the financing plan component of its capital facilities plan, the district
shall plan on a six-year horizon and shall demonstrate its best efforts by taking the following
steps:
1. Establish a six-year financing plan, and propose the necessary bond issues, levies,
and/or financing measures required by and consistent with that plan and as approved by
the school board consistent with state law; and
2. Where applicable, apply to the state for funding, and comply with the state requirements
for eligibility to the best of the district’s ability. (Ord. 6341 § 2, 2011; Ord. 5078 § 1, 1998.)
SUPPLEMENTAL INFORMATION
Downtown Urban Center and Auburn Junction Legend
Printed On:6/21/2012
Created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes
no warranty as to its accuracy.
Parcels
Street Centerlines
Zoning
C1 Light Commercial District
C2 Central Business District
C3 Heavy Commercial District
C4 Mixed Use Commercial
CN Neighborhood Shopping District
DUC Downtown Urban Center
EP Environmental Park District
I Institutional Use District
Lakeland Hills South PUD
LF Airport Landing Field District
M1 Light Industrial District
M2 Heavy Industrial District
P1 Public Use District
PUD Planned Unit Development
R1 Residential 1 DU/Acre
R5 Residential 5 DU/Acre
R7 Residential 7 DU/Acre
R10 Residential 10 DU/Acre
R20 Residential 20 DU/Acre
Residential Conservency
RMHC Residential Manufactured/Mobile Home Units
RO Residential Office District
RO-H Residential Office District (Hospital)
TV Terrace View
UNC Unclassified Use District