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Home My WebLink About6430 ORDINANCE NO. 6 4 3 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF GEORGE LYDEN FOR REZONING AN APPROXIMATELY 4 45-ACRE PARCEL FROM C1, LIGHT COMMERCIAL TO M1, LIGHT INDUSTRIAL TO IMPLEMENT THE COMPREHENSIVE_ PLAN AND AMENDING THE CITY'S ZONING MAPS WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive Plan by Resolution No. 1703 which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995 the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action by Ordinance No. 4788; and WHEREAS, George Lyden, the applicant, submitted a rezone application (File # REZ09-0002) for the a rezone on June 11, 2009 for a parcel identified by parcel number 1221049020; and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on September 26, 2012 conducted a public hearing on the proposed Lyden Rezone; and Ordinance No. 6430 October 23, 2012 Page 1 (Z _ z+- oaf U(oU(e ti J 1g0°®790 �0 �RO�PISC 80.00 Return Address: PAGE-001 of 009 Auburn City Clerk 08/18/2015KING 14upa City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Rezone (Ordinance No. 6430) Reference Number(s) of Documents assigned or released: ❑Additional reference#'s on page_of document Grantor(s) (Last name first, then first name and initials) 1. City of Auburn Grantee: (Last name first) Lyden, George Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SE 12-21-04 W 1/2 OF POR OF S 1/2 OF SE'1/4 OF SE 1/4EOFNPRNV &WOFE327.5FTTHOF- LESS POR FOR RD ❑ Additional legal is on page 5 of the document. Assessor's Property Tax Parcel/Account Number: 1 122104-9020 ❑Assessor Tax#not yet assigned- Mead as an accomn act,Zto l oats,. tt has not been examined es to miter lanecutson of as to its of et upcm Vele. WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed Lyden Rezone; and WHEREAS, on November 5, 2012, the Auburn City Council considered the proposed Lyden Rezone as recommended by the City of Auburn Hearing Examiner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council ("Council") adopts and approves the Lyden Rezone from C1, Light Commercial to M1, Light Industrial and directs that the rezone application and all related documents be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act by the City's responsible environmental official in accordance with RCW 43.21 C 060 Section 3. The Council adopts the Findings of Fact and Conclusions of Law, in the Hearing Examiner's recommendation outlined below- FINDINGS OF FACT Procedural: 1 Applicant. The Applicant is Dennis Holt, Holt & Associates Inc. on behalf of the property owner George Lyden. Ordinance No. 6430 October 23, 2012 Page 2 2. Hearing. The Hearing Examiner conducted a hearing on the application at 5.30 p.m. at Auburn City Hall Annex on September 26, 2012. Substantive: 3. Site/Proposal Description. The Applicant has requested a rezone of an approximately 4 4-acre parcel from C1, Light Commercial, to M1, Light Industrial. The rezone site is located at the 900 block of A St. NW, and located within the property subject to the Auburn North Business Area Plan, (Special Plan Area) see Exhibit. 12 (Map of Comprehensive Plan designations with North Auburn Business Area Plan overlay shown). On December 7, 2009 the City Council approved a Comprehensive Plan Land Use Map amendment for the subject property, from Light Commercial to Light Industrial. The property is currently vacant and roughly 50% of the property is occupied by wetlands, located in the northern portion of the property 4 Characteristics of the Area. If approved, the subject property will be an island of M1, Light Industrial zoned property surrounded on the north and east sides by property zoned C1, Light Commercial; property zoned M1, Light Industrial to the south and property zoned M2, Heavy Industrial across adjoining railroad tracks to the west. The properties zoned C1, Light Commercial are vacant.and according to planning commission testimony of Mr Holt, are both encumbered by wetlands that take up 50% of the parcel areas. A St. NW separates the subject property from the wetlands on the property to the east. Adjoining the wetland parcel further east is a senior housing complex. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. Compatibility with adjoining land uses is the only issue of concern at this stage of project review When the proposed comprehensive plan map amendment to Light Industrial for the subject property was considered by the planning commission, staff had recommended denial due to concerns over compatibility with the senior housing complex to the east and other land uses as well as compatibility with the policies of the Auburn North Business Area Plan. The Light Industrial zoning district permits outright uses such as automobile service and repair, banks, equipment rental and indoor manufacturing. The planning commission recommended approval based upon its apparent agreement with the Applicant that there were no compatibility issues due to the extensive amount of wetlands that surround the site, which provide for separation from the senior housing to the east and the remaining light commercial property to the north. The City Council also apparently agreed with this assessment as the Council ultimately adopted the Comprehensive Plan Land Use Map amendment to Light Industrial. Ordinance No. 6430 October 23, 2012 Page 3 The buffering provided by the wetlands in conjunction with the design policies of the Auburn North Business Area Plan should provide for sufficient compatibility with surrounding uses. As shown in the Ex. 12 (Map of Comprehensive Plan designations with North Auburn Business Area Plan overlay shown), the subject property is located within the overlay district imposed by the Auburn North Business Area Plan and is, therefore, subject to the Plan's policies. The Plan's policies include numerous design standards requiring a substantial amount of landscaping and other design amenities that reduces visual impacts. Policy AN2.2, for example, imposes a menu of design choices to reduce visual impacts of buildings on adjoining streets, including fagade modulation, roof design and significant massing of landscaping. The staff report recommends a condition requiring compliance with the Auburn North Business Area Plan. As acknowledged by staff during questioning at the hearing, this condition isn't technically necessary since the Business Area Plan applies whether or not it is referenced in the rezone decision. Staff noted the condition just puts the Applicant on notice of the Applicability of the Business Area Plan. There is no harm in adding the condition for this reason and it has already served its function by giving the Applicant an opportunity to debate the applicability of the Business Area Plan before the Examiner and the City Council. Since the rezone will be adopted by ordinance, the rezone process will also be a good opportunity for the Council to clarify its intent in the applicability of the Business Area Plan to light industrial zoning districts. The design policies within the Business Area Plan were clearly formulated with the understanding that they would apply to commercial uses, since Business Area Plan policies limited uses within the Business Area Plan overlay to light commercial and high density residential uses. Consequently, there is some ambiguity as to how to apply the design policies to light industrial uses. The City Council cannot use a rezone ordinance to modify the Business Area Plan policies, but it may be able to incorporate language into the rezone ordinance to clarify ambiguities in the policies by having the ordinance serve as "clarifying legislation" To this end, the recommended condition of approval could direct staff to apply the design policies in a flexible manner that promotes compatibility with adjoining uses but avoids unnecessary requirements that were tailored for commercial and/or high density residential development and are not compatible with industrial development. CONCLUSIONS OF LAW Procedural: 1 Authority of Hearing Examiner ACC 18.68.030(B)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone requests are consistent with the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. The Comprehensive Plan Ordinance No. 6430 October 23, 2012 Page 4 Land Use Map designation for the subject property is Light Industrial, which is consistent with the requested M1, Light Industrial zoning map designation. Substantive: 2. Zoning Designation. The property is currently zoned C1, Light Commercial. 3. Case Law Review Criteria and Application. The Auburn City Code does not include any criteria for rezone applications. Washington appellate courts have imposed some rezone criteria, requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahriman-Yariiane, LLC v Tabler, 105 Wn. App. 103, 111 (2001). If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required. Id. at 112. The proposed rezone clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the comprehensive plan, as the Comprehensive Land Use Map designation for the property is currently Light Industrial and the current zoning is inconsistent with that designation. In point of fact, the rezone is mandated by RCW 36.70A.12O, which requires a city to "perform its activities" in conformity to its comprehensive plan. Staff testified that the M1, Light Industrial designation is the only rezone for the subject property that is consistent with the light industrial Comprehensive Plan Land Use Map designation. Some of the uses permitted outright by the M1, Light Industrial zoning district are in conflict with the restricted uses identified in the Auburn North Business Area Plan policies, but the more specific requirements of the Comprehensive Plan Land Use Map would supersede the inconsistencies with the more generally applicable Business Area Plan policies. If the requested rezone is approved by the City Council, the uses authorized by the M1, light Industrial district and the requirements and authorizations of the M1, Light Industrial district would supersede any conflicting policies of the Auburn North Business Area Plan. See Citizens for Mount Vemon v City of Mount Vernon, 133 Wn.2d 861, 947 P.2d 1208 (1997)(When there is inconsistency between a specific zoning regulation and the comprehensive plan, the zoning regulation prevails). The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse environmental impacts as determined in Finding of Fact No. 5 while at the same time furthering economic development in the City of Auburn as encouraged by the City's comprehensive plan as referenced in the staff report at page 6 and Policies ED-22 and LU-108. ------------------------- Ordinance No. 6430 October 23, 2012 Page 5 DECISION The Hearing Examiner recommends approval of REZ09-0002 with the following one condition: 1 Development of the property shall comply with the policies of the Auburn North Business Area Plan, including but not limited to its design policies. Staff is directed to apply the policies in a flexible manner that ensures compatibility with surrounding uses while avoiding unnecessary restrictions that are tailored to light commercial and/or high density residential development and are not compatible with industrial development. Section 4. Upon the passage, approval, and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Recorder Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Ordinance No. 6430 October 23, 2012 Page 6 Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law INTRODUCED- NOV b'2012 PASSED 5'2012 APPROVED* NOV 62012 Peter B. Lewis MAYOR ATTEST !`Q (�.9 -ej� Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Dar'DarW B Heid, City Attorney Published: Ordinance No. 6430 October 23, 2012 Page 7 S4. �t Z� OBI Uled� IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIIII (IIIIIIII IIIIIIII III Q -y Return Address: ®�"J®"� v®®®0�® Auburn City Clerk 05/18/2019F 14069 City of Auburn KING COUNTY UR 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Rezone (Ordinance No. 6430) Reference Number(s) of Documents assigned or released: ❑Additional reference#'s on page_of document Grantor(s) (Last name first, then first name and initials) 1. City of Auburn Grantee: (Last name first) Lyden, George Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SE 12-21-04 W 1/2 OF POR OF S 1/2 OF SE'1/4 OF SE 1/4EOFNPR/W &WOFE327.5FTTHOF- LESS POR FOR RD ❑ Additional legal is on page 5 of the document. Assessor's Property Tax Parcel/Account Number: 122104-9020 ❑Assessor Tax#not yet assigned- Sakionn.'^^rt.c+„�54 di dcsr mcord as an accorrrn.n0r4ion only. It has not been examined as to meet execution or as to its effAct upon tide. ;. ORDINANCE NO. 6 4 3 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF GEORGE LYDEN FOR REZONING AN APPROXIMATELY 4.45-ACRE PARCEL FROM C1, LIGHT COMMERCIAL TO Ml, LIGHT INDUSTRIAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS WHEREAS,—the-City of Auburn on August 18, 1986 adopted a Comprehensive Plan by Resolution No. 1703 which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995 the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action by Ordinance No. 4788; and WHEREAS, George Lyden, the applicant, submitted a rezone application (File # REZ09-0002) for the a rezone on June 11, 2009 for a parcel identified by parcel number 1221049020; and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on September 26, 2012 conducted a public hearing on the proposed Lyden Rezone; and Ordinance No. 6430 October 23, 2012 Page 1 WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed Lyden Rezone; and WHEREAS, on November 5, 2012, the Auburn City Council considered the proposed Lyden Rezone as recommended by the City of Auburn Hearing Examiner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council ("Council") adopts and approves the Lyden Rezone from C1, Light Commercial to M1, Light Industrial and directs that the rezone application and all related documents be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act by the City's responsible environmental official in accordance with RCW 43.21 C.060. Section 3. The Council adopts the Findings of Fact and Conclusions of Law, in the Hearing Examiner's recommendation outlined below: FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is Dennis Holt, Holt & Associates Inc. on behalf of the property owner George Lyden. Ordinance No. 6430 October 23, 2012 Page 2 2. Hearing. The Hearing Examiner conducted a hearing on the application at 5:30 p.m. at Auburn City Hall Annex on September 26, 2012. Substantive: 3. Site/Proposal Description. The Applicant has requested a rezone of an approximately 4.4-acre parcel from C1, Light Commercial, to Ml, Light Industrial. The rezone site is located at the 900 block of A St. NW, and located within the property subject to the Auburn North Business Area Plan, (Special Plan Area) see Exhibit. 12 (Map of Comprehensive Plan designations with North Auburn Business Area Plan overlay shown). On December 7, 2009 the City Council approved a Comprehensive Plan Land Use Map amendment for the subject property, from Light Commercial to Light Industrial. The property is currently vacant and roughly 50% of the property is occupied by wetlands, located in the northern portion of the property. 4. Characteristics of the Area. If approved, the subject property will be an island of Ml, Light Industrial zoned property surrounded on the north and east sides by property zoned C1, Light Commercial; property zoned Ml , Light Industrial to the south and property zoned M2, Heavy Industrial across adjoining railroad tracks to the west. The properties zoned C1 , Light Commercial are vacant and according to planning commission testimony of Mr. Holt, are both encumbered by wetlands that take up 50% of the parcel areas. A St. NW separates the subject property from the wetlands on the property to the east. Adjoining the wetland parcel further east is a senior housing complex. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. Compatibility with adjoining land uses is the only issue of concern at this stage of project review. When the proposed comprehensive plan map amendment to Light Industrial for the subject property was considered by the planning commission, staff had recommended denial due to concerns over compatibility with the senior housing complex to the east and other land uses as well as compatibility with the policies of the Auburn North Business Area Plan. The Light Industrial zoning district permits outright uses such as automobile service and repair, banks, equipment rental and indoor manufacturing. The planning commission recommended approval based upon its apparent agreement with the Applicant that there were no compatibility issues due to the extensive amount of wetlands that surround the site, which provide for separation from the senior housing to the east and the remaining light commercial property to the north. The City Council also apparently agreed with this assessment as the Council ultimately adopted the Comprehensive Plan Land Use Map amendment to Light Industrial. Ordinance No. 6430 October 23, 2012 Page 3 The buffering provided by the wetlands in conjunction with the design policies of the Auburn North Business Area Plan should provide for sufficient compatibility with surrounding uses. As shown in the Ex. 12 (Map of Comprehensive Plan designations with North Auburn Business Area Plan overlay shown), the subject property is located within the overlay district imposed by the Auburn North Business Area Plan and is, therefore, subject to the Plan's policies. The Plan's policies include numerous design standards requiring a substantial amount of landscaping and other design amenities that reduces visual impacts. Policy AN2.2, for example, imposes a menu of design choices to reduce visual impacts of buildings on adjoining streets, including façade modulation, roof design and significant massing of landscaping. The staff report recommends a condition requiring compliance with the Auburn North Business Area Plan. As acknowledged by staff during questioning at the hearing, this condition isn't technically necessary since the Business Area Plan applies whether or not it is referenced in the rezone decision. Staff noted the condition just puts the Applicant on notice of the Applicability of the Business Area Plan. There is no harm in adding the condition for this reason and it has already served its function by giving the Applicant an opportunity to debate the applicability of the Business Area Plan before the Examiner and the City Council. Since the rezone will be adopted by ordinance, the rezone process will also be a good opportunity for the Council to clarify its intent in the applicability of the Business Area Plan to light industrial zoning districts. The design policies within the Business Area Plan were clearly formulated with the understanding that they would apply to commercial uses, since Business Area Plan policies limited uses within the Business Area Plan overlay to light commercial and high density residential uses. Consequently, there is some ambiguity as to how to apply the design policies to light industrial uses. The City Council cannot use a rezone ordinance to modify the Business Area Plan policies, but it may be able to incorporate language into the rezone ordinance to clarify ambiguities in the policies by having the ordinance serve as "clarifying legislation". To this end, the recommended condition of approval could direct staff to apply the design policies in a flexible manner that promotes compatibility with adjoining uses but avoids unnecessary requirements that were tailored for commercial and/or high density residential development and are not compatible with industrial development. CONCLUSIONS OF LAW • Procedural: 1. Authority of Hearing Examiner. ACC 18.68.030(B)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone requests are consistent with the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. The Comprehensive Plan Ordinance No. 6430 October 23, 2012 Page 4 Land Use Map designation for the subject property is Light Industrial, which is consistent with the requested Ml , Light Industrial zoning map designation. Substantive: 2. Zoning Designation. The property is currently zoned C1, Light Commercial. 3. Case Law Review Criteria and Application. The Auburn City Code does not include any criteria for rezone applications. Washington appellate courts have imposed some rezone criteria, requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone_ implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required. Id. at 112. The proposed rezone clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the comprehensive plan, as the Comprehensive Land Use Map designation for the property is currently Light Industrial and the current zoning is inconsistent with that designation. In point of fact, the rezone is mandated by RCW 36.7OA.120, which requires a city to "perform its activities" in conformity to its comprehensive plan. Staff testified that the Ml, Light Industrial designation is the only rezone for the subject property that is consistent with the light industrial Comprehensive Plan Land Use Map designation. Some of the uses permitted outright by the Ml, Light Industrial zoning district are in conflict with the restricted uses identified in the Auburn North Business Area Plan policies, but the more specific requirements of the Comprehensive Plan Land Use Map would supersede the inconsistencies with the more generally applicable Business Area Plan policies. If the requested rezone is approved by the City Council, the uses authorized by the Ml, light Industrial district and the requirements and authorizations of the Ml, Light Industrial district would supersede any conflicting policies of the Auburn North Business Area Plan. See Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861, 947 P.2d 1208 (1997)(When there is inconsistency between a specific zoning regulation and the comprehensive plan, the zoning regulation prevails). The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse environmental impacts as determined in Finding of Fact No. 5 while at the same time furthering economic development in the City of Auburn as encouraged by the City's comprehensive plan as referenced in the staff report at page 6 and Policies ED-22 and LU-108. Ordinance No. 6430 October 23, 2012 Page 5 DECISION The Hearing Examiner recommends approval of REZ09-0002 with the following one condition: 1. Development of the property shall comply with the policies of the Auburn North Business Area Plan, including but not limited to its design policies. Staff is directed to apply the policies in a flexible manner that ensures compatibility with surrounding uses while avoiding unnecessary restrictions that are tailored to light commercial and/or high density residential development and are not compatible with industrial development. Section 4. Upon the passage, approval, and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Recorder. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Ordinance No. 6430 October 23, 2012 Page 6 Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: NOV 5'2012 PASSED: NOV '5-2012 APPROVED: NOV .5.2012 Peter B. Lewis MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: / I Daniel B. Heid, . .. City Attorney Published: ////w.,,,-,.,4--f __2d/2_ —� !"' ` aftlo /-/-nr, Ordinance No. 6430 October 23, 2012 Page 7 ACIlT`YTOF *T T . B^V RN Peter B. Lewis, Mayor / WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 STATE OF WASHINGTON )ss. COUNTIES OF KING AND PIERCE ) I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the counties of King and Pierce, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Ordinance No. 6430 of the Ordinance of the City of Auburn, entitled "AN ORDINANCE." I certify that said Ordinance No. 6430 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 5th day of November, 2012. I further certify that said Ordinance No. 6430 was published as provided by law in the Seattle Times, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 8th day of November, 2012. Witness my hand and the official seal of the City of Auburn, this 10th day of December, 2012. /Q2 G� 1 Da ielle Das,karr,wc ty,Clerk City of Auburn..... i5 � v AUBURN * MORE THAN YOU IMAGINED