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HomeMy WebLinkAbout01-14-2013 PCD Agenda Packet Planning and Community Development January 14, 2013 - 5:00 PM Annex Conference Room 2 AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA A. Minutes - December 10, 2012* (Snyder) III.ACTION A. Resolution No. 4899 - Grant Acceptance from the Washington State Department of Commerce* (Lein) Reqest for Committee to recommend to full City Council approval of Resolution No. 4899 accepting $12,500.00 grant from the Washington State Department of Commerce for the City of Auburn's Innovation Partnership Zone (IPZ) and authorzing the Mayor to sign a grant acceptance agreement. IV.DISCUSSION ITEMS A. Creation and Funding of a Metropolitan Park District in the City of Auburn* (Coleman) Discuss ideas and options for the creation and funding of a Metropolitan Park District within the City of Auburn municipal limits. B. Interlocal Agreement between King County, King County Flood District, and the City of Auburn* (Dixon) Discuss proposed Interlocal Agreement (ILA) between King County, King County Flood Control District and the City of Auburn for King County's Reddington Levee Setback and Extension Project. C. Temporary Off-Premise Residential Real Estate Signs* (Chamberlain) Discuss options for temporary allowances for off-premise residential real estate signs currently scheduled to expire on April 22, 2013. D. Director's Report (Snyder) E. PCDC Matrix* (Snyder) V.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review Page 1 of 57 at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 2 of 57 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes - December 10, 2012 Date: January 8, 2013 Department: Planning and Development Attachments: December 10, 2012 draft minutes Budget Impact: $0 Administrative Recommendation: See attached minutes. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff:Snyder Meeting Date:January 14, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 57 Planning and Community Development December 10, 2012 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:00 p.m. in annex Conference Room 2 located on the second floor of One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Chair Nancy Backus, Vice-Chair John Partridge, and Member John Holman were present. Also present were Mayor Pete Lewis; Planning and Development Director Kevin Snyder; Economic Development Manager Doug Lein; Public Works Director Dennis Dowdy; Engineering Aide Amber Mund; Planning Manager Elizabeth Chamberlain; Principal Planner Jeff Dixon; Senior Planner Stuart Wagner; and Planning Clerk Bobbie Hodgkinson. Members of the audience present were Scott Pondeleck, Eli Berman, Skyline Properties, Inc.; Andy McAndrews, CHS Consultants; Bob Kenworthy, Auburn School District; Tanya Nascimento, Federal Way School District; Gwen Escher-Derdowski, Kent School District; Robert Whale, Auburn Reporter; and Nancy Wyatt and Brian Benerd, Auburn Chamber of Commerce. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - November 26, 2012 (Snyder) Vice-Chair Partridge moved and Member Holman seconded to approve the November 26, 2012 minutes as written. Motion carried unanimously. 3-0 III. ACTION Ordinance No. 6442 (Wagner) Page 1 of 5 CA.A Page 4 of 57 A. Request Committee motion action to recommend to full City Council approval of Ordinance No. 6442. Senior Planner Stuart Wagner briefly summarized the proposed staff- initiated code amendments in Phase 2, Group 2 to relocate the Hearing Examiner chapter including some additions and administrative changes. Following a brief discussion and clarification of certain changes to the code, the Committee concurred to take action on this item. Vice-Chair Partridge moved and Member Holman seconded to forward Ordinance No. 6442 to full City Council for review and approval. Motion carried unanimously. 3-0 B. Ordinance No. 6440 - 2012 Comprehensive Plan Amendments (Dixon) Request for Committee motion action to recommend to full City Council approval of Ordinance No. 6440. Principal Planner Jeff Dixon provided background on the 2012 Comprehensive Plan Amendments brought back before the Committee for review. Principal Planner Dixon stated that at the last meeting the Committee reviewed all of the amendments as well as the Planning Commission's recommendations. He summarized the amendments, as detailed in the staff report. Principal Planner Dixon noted that new in the Comprehensive Plan notebook, before the Environmental Review tab, are the verbatim minutes from the Planning Commissions' last hearing that were not available during the last meeting. He further added that other items highlighted in the staff report and are new additions to the notebook is a minor change to the City's Capital Facilities Plan to recognize an adjustment of moving some funds from one of the City Hall remodel projects to another City Hall remodel project and only affects one page in the document. The other change is at the Public Works Committee meeting on the changes to the City's Comprehensive Transportation Plan with a minor wording change to a policy within Chapter 5, specifically Policy T28 recommending the word "all" be removed. The Committee invited representatives from the school districts to come to the table to present information in connection with their Capital Facilities Plans in relationship to their impact fees. Bob Kenworthy, Auburn School District; Tanya Nascimento, Federal Way Public Schools; and Gwenn Escher-Derdowski, Kent School District presented the Committee with information in support of their School District submittal. A representative from Derringer School District was not present to comment. Page 2 of 5 CA.A Page 5 of 57 Member Holman moved and Vice-Chair Partridge seconded to forward Ordinance No. 6440 to full City Counsil for review and approval. Motion carried unanimously. 3-0 IV. DISCUSSION ITEMS A. Resolution No. 4881 (Mund) A Resolution of the City Council of the City of Auburn, Washington, authorizing the renewal of PWA 99-02 and amending the terms of the agreement between the Olympic Pipeline Company and the City of Auburn. Engineering Aide Amber Mund briefly described Ordinance No. 4881, presented to the Committee for discussion. Engineering Aide Mund stated the resolution renews Olympic Pipeline's Public-Way Agreement for an additional 5 years and added there were no changes to the agreement with the exception of the term. Ms. Mund confirmed that there were no complications or concerns generated in the past five years with Olympic Pipeline. Public Works staff clarified for the Committee that notices of public hearings about an increase in pipeline size and a new line coming in through Auburn were not in connection with Olympic Pipeline but rather announcements made by Williams. There were no further questions from the Committee. B. Ordinance No. 6445 - School Impact Fees (Dixon) Request for Committee review and discussion of the proposed 2013 school impact fees for Auburn School District, Dieringer School District, Federal Way School District and Kent School District. Planning Director Snyder asked if the Committee would be comfortable with making this item an action item. Upon consideration, the Committee unanimously agreed to staff's proposal. Principal Planner Dixon noted that the members of the school districts talked about their Capital Facilities Plan and the relationship to their impact fees. Principal Planner Dixon explained that the Committee has seen the Capital Facilities Plans as part of the Comprehensive Plan Amendments because if we adopt their Capital Facilities Plans this becomes part of our Chapter 5 and our capital facilities element of the City's Comprehensive Plan. Principal Planner Dixon further added that by specific separate ordinance and as a separate action, Chapter 19.02 is actually amended, which is the City's School Impact Fee ordinance. Each of the school districts have prepared their Capital Facilities Plan using the formulas provided in the Auburn City Code for the calculation of their impact fees, which includes a discount, to come up with a proposed figure. In the case of the Derringer School District, Planner Dixon stated there was a difference between the fee that was proposed for Pierce County impact fee for the same school district. Page 3 of 5 CA.A Page 6 of 57 The proposal was drafted to keep that school impact fee commensurate with that passed by Pierce County, which is lower and typically applied to all the school districts within their jurisdiction. Planner Dixon clarified that the Table does not reflect that deduction to the Pierce County level; however, the ordinance does. Staff confirmed for Derringer School District for single family was going down to $3,005.00 from $3,500.00. Vice-Chair Partridge moved and Member Holman seconded to move to full City Council for review and approval. Motion carried unanimously. 3-0 C. Review Arterial Street Needs (Dowdy) Public Works Director Dennis Dowdy stated that this subject was presented before the Committee several weeks ago and when it went to Public Works they requested to share with other Council members the attached maps that illustrate what the current requirement would be if we looked at arterial streets today with additional funding versus the requirement if we stay with current revenues for a period of up to 5 years and what it would look like 5 years from now. Director Dowdy stated that the condition of some of the roadways would continue to deteriorate and you would be looking at an increase in price in current dollars from $69 Million to $89 million over a period of 5 years waiting and using existing revenues, which currently is approximately $1.5 Million per year to repair the arterial street system. Director Dowdy added that currently out of the $1.5 Million there is about $100,000 in crack sealing each year; several hundred thousand in deep patching; Public Works is not currently doing any overlays due to the limited funds available. He further added that once funds become available, everything that has been deep patched should immediately be overlayed so the whole street is protected. Director Dowdy added this is the first year of chip sealing arterials but additional resources are needed to catch up. D. Director's Report (Snyder) Planning Director Snyder provided the Committee with a copy of the notice that we received grant funding for the Fenster Setback Levee on the Green River. We received $327,353 which makes our project of $1.2 Million whole and includes six other funding sources. Director Snyder acknowledged Chris Andersen and Jamie Kelly for their efforts in making this grant a priority to the Salmon Recovery Funding Board. The Committee asked Director Snyder to pass along their appreciation to Chris and Jamie and anyone else who worked on this application. Director Snyder noted as we come to the end of 2012, we are fast approaching 400 new single family home Page 4 of 5 CA.A Page 7 of 57 building permits issued, which is the best year since 2004 and there is the potential to see those same numbers or better next year depending on external and other impact factors. Also, Director Snyder stated we have a number of plats that have come back on line. Director Snyder stated that we are roughly $800,000 ahead of revenue projections for building permits. On behalf of all of the members of the Planning and Development Department, Director Snyder thanked the Committee, the Mayor, and other departments that Planning worked with throughout the year making this a very successful year. The Committee echoed the same sentiments to the Planning Department for outstanding work and for making the citizens of Auburn welcome with an efficient and effective process. E. PCDC Matrix (Snyder) In connection with parking, Director Snyder confirmed that staff will come back to the Committee in the January and February of next year with another draft. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 5:42 p.m. DATED THIS _____ day of ______________, 2012. ____________________________ Nancy Backus - Chair ____________________________ Bobbie Hodgkinson, Planning Clerk Page 5 of 5 CA.A Page 8 of 57 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4899 - Grant Acceptance from the Washington State Department of Commerce Date: January 8, 2013 Department: Planning and Development Attachments: Resolution No. 4899 Budget Impact: $0 Administrative Recommendation: Planning and Community Development Committee to recommend City Council adopt Resolution No. 4899. Background Summary: This past June 2012, the State Department of Commerce approved a City of Auburn application to become the State's 15th Innovation Partnership Zone (IPZ). The IPZ official title of the zone is the ‘Urban Center for Innovative Partnerships'. This January, the Department of Commerce selected the City of Auburn to be the recipient of a $12,500.00 Grant Award. This award will assist the IPZ to administer the goals set out under the application and approval. Resolution No. 4899 authorizes the Mayor, on behalf of the City Council, to execute administrative procedures necessary to secure this funding for the City of Auburn. Reviewed by Council Committees: Councilmember:Backus Staff:Lein Meeting Date:January 14, 2013 Item Number:ACT.A AUBURN * MORE THAN YOU IMAGINEDACT.A Page 9 of 57 ---------------------------- Resolution No. 4899 January 9, 2013 Page 1 of 2 RESOLUTION NO. 4899 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE ADMINISTRATIVE PROCEDURES AS NEEDED ON BEHALF OF THE CITY TO ACCEPT A STATE GRANT IN THE AMOUNT OF $12,500.00 FROM THE DEPARTMENT OF COMMERCE TO FUND ADMINISTRATIVE ACTIVITIES WITHIN THE URBAN CENTER FOR INNOVATION PARTNERSHIPS, INNOVATION PARTNERSHIP ZONE (IPZ #15) WHEREAS, a purpose and goal of the Innovation Partnership Zone (IPZ) is to further the growth of business clusters and implement sector-based strategies to grow new products, markets and business; and WHEREAS, the opportunities exist to re-engineer, redevelop and improve efficient use of existing business properties and create vibrant business districts; and WHEREAS, the IPZ has been developed and approved by the Department of Commerce to be an administrative conduit between research, workforce development and local business; and WHEREAS, the IPZ has three (3) workforce development partners committed through Memorandums of Understanding to bring quality education services to our local industry clusters and assist in generating a quality workforce and new job opportunities; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The Auburn City Council does hereby express its statement of support for the following projects: to fund administrative activities within the ACT.A Page 10 of 57 ---------------------------- Resolution No. 4899 January 9, 2013 Page 2 of 2 IPZ which will promote the mission and goals of the ‘Urban Center for Innovative Partnerships’. Section 2. Implementation. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and signed this _____ day of _________________, 2013. CITY OF AUBURN _________________________ PETER B. LEWIS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney ACT.A Page 11 of 57 AGENDA BILL APPROVAL FORM Agenda Subject: Creation and Funding of a Metropolitan Park District in the City of Auburn Date: January 9, 2013 Department: Planning and Development Attachments: Memorandum Metropolitan Park District Auburn City Limits Example Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: See attached memorandum. Reviewed by Council Committees: Councilmember:Backus Staff:Coleman Meeting Date:January 14, 2013 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 12 of 57 Page 1 of 2 Interoffice Memorandum From: Shelley Coleman, Finance Director Date: January 9, 2013 Re: Metropolitan Park Districts (MPD)(RCW 35.61) Consideration: The City could form a MPD and administer and operate recreation programs, maintence of the city parks and the golf course through the district. Revenue generated would come from property taxes ($5 million), recreation class fees ($600 thousand) and golf course green fees ($1.5 million). The net savings to the City General Fund would be in excess of $4.6 M and $.4M for the Golf Course. Total savings, net of revenues transferred to the district, is approximately $5 million. (In this model it is important to note the City’s General Fund would continue to fund and administer the cultural arts programs including special events, theater, museum, and the senior center.) Below is a summary of the key issues in the formation of a Metropolitan Park District. What is a Metropolitan Park District (MPD)? • A Metropolitan Park District may be created for the management, control, improvement, maintenance, and acquisition of parks, parkways, boulevards, recreational facilities (includes golf courses), and also manage and conduct forms of recreation or business desirable or beneficial for the public. • The proposed district would be the City’s municipal boundary. How is a MPD formed? • By City Resolution or by Citizen Petition to bring it to a vote of the people.(requires signatures of 15% of registered voters in the district) • A simple majority vote required to pass. Are there any restrictions on setting the boundaries of a MPD? • No, as long as the boundary is the City’s corporate boundary. Can a MPD levy taxes? • Yes, the Council may levy up to $0.75 per $1,000 assessed value (AV) of property within the district. o Potential yield: $5.2M ($0.75 x $6.9B (2013 AV) • Excess levy is authorized by a vote of the people. o Supermajority vote required; 40% of last turnout required DI.A Page 13 of 57 Page 2 of 2 Current Levy Capacity Within the City of Auburn Shown with an Additional MPD Levy 2012 Taxing Districts and Levies Rate Limit 2012 Rate Balance State of Washington 3.60 2.42 1.18 King County (consolidated levy) 1.80 0.92 .88 City of Auburn* 2.10 2.10 0 Library District 0.50 0.50 0 Regional Fire Authority 1.00 1.00 0 Flood Control District 0.50 0.12 .38 Metropolitan Park District 0.75 -.75 Subtotal 5.90 $ 5.39 $ .51 Grand Total 9.50 $ 7.81 $ 1.69 Statutory Limit 10.00 Constitutional Limit 10.26 *City rate shown at limit, which is expected to be reached in 2013 due to decline in assessed valuation. Can a MPD issue debt? • Councilmanic debt limited to .25% of AV o 0.25% x $6.8 Billion = $17 Million • Voted debt is limited to 2.5% of AV o 2.50% x $6.8 Billion = $170 Million • 60% affirmative vote required + 40% minimum turnout What is the governing body for a City? • Council as ex-officio Board Are there administration issues to consider? • A MPD is a wholly separate entity with its own fund structure that at a minimum would have a general fund along with any or all of the following: special revenue, debt service, capital, enterprise (golf course), and/or internal service funds. • The MPD would be responsible for filing an annual financial report with the Washington State Auditor’s Office – depending on the entities’ size, this could mean a full Comprehensive Annual Financial Report (CAFR). • The entity would be subject to annual audit by the Washington State Auditor’s Office. DI.A Page 14 of 57 Attachment #1 MPD Actual Estimate Budget Budget Programs 2011 2012 2013 2014 Administration 677,345 747,480 919,114 910,663 Recreation 1,084,342 1,138,460 1,164,333 1,188,692 Programs 641,591 554,810 668,000 680,500 Maintenance & Operations 2,332,717 2,377,160 2,412,341 2,437,706 Total General Fund Programs 4,735,995 4,817,910 5,163,788 5,217,561 Golf Course 1,712,873 1,825,740 1,861,440 1,898,357 Total of all Program Costs 6,448,868$ 6,643,650$ 7,025,228$ 7,115,918$ Revenue/Funding Plan Actual Estimate Budget Budget 2011 2012 2013 2014 Property Tax @ $.75/$1,000 5,400,000$ 5,400,000$ 5,175,000$ 5,175,000$ Golf Course 1,366,634 1,371,600 1,454,000 1,469,400 Recreation & League Fees 573,664 600,000 600,000 600,000 Sub Total Revenue 7,340,298$ 7,371,600$ 7,229,000$ 7,244,400$ Income Over/(Under) Expense 891,430$ 727,950$ 203,772$ 128,482$ Note: $400,000 annual debt service for golf course facility would remain with the City. The Park District could make a payment to the City for use of the facility. There are 9 Park type programs within the General Fund. -Move park administration, recreation, programs, maintenance, and golf course to the MPD. - Move the Golf Course operation, expenditures and revenues, to the MPD - Programs for art, special events, senior center, theater and museum remain funded by the General Fund. Metropolitan Park District (MPD) Auburn City Limits Example DI.A Page 15 of 57 AGENDA BILL APPROVAL FORM Agenda Subject: Interlocal Agreement between King County, King County Flood District, and the City of Auburn Date: January 8, 2013 Department: Planning and Development Attachments: Memorandum City Council Draft Schedule Reddington Levee Alignment and Legal Description Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: See attached memorandum. Reviewed by Council Committees: Councilmember:Backus Staff:Dixon Meeting Date:January 14, 2013 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 16 of 57 Page 1 of 5 Memorandum To: Councilmember Nancy Backus, Chair, Planning and Community Development Committee Councilmember, John Holman Vice- Chair, Planning and Community Development Committee Councilmember, Largo Wales, Member, Planning and Community Development Committee From: Tim Carlaw, Storm Drainage Utility Engineer, Public Works Department Jeff Dixon, Principal Planner, Planning and Development Department Cc: Pete Lewis, Mayor Dennis Dowdy, Public Works Director Kevin Snyder, Planning & Development Director Daryl Faber, Parks, Arts, and Recreation Director Date: January 8, 2013 Re: Introductory briefing on City Actions related to the King County Flood Control District Reddington Levee Setback and Extension Project and focusing specifically on the Draft City of Auburn, King County and King County Flood Control District Interlocal Agreement for Conveyance of Easements. Background on Reddington Levee Setback and Extension Project The following explanation of the King County Reddington Levee Extension and Setback Project is excerpted from their agency website: (http://www.kingcounty.gov/environment/wlr/sections- programs/river- floodplain-section/capital-projects/reddington-levee-setback-and-extension.aspx) The project The Reddington Levee Setback and Extension Project, as a component of King County’s Green River levee system, is part of a larger overall flood management strategy for the entire Green River. This project will set back (move west) and extend the Reddington Levee along the left (west) bank of the Green River through the City of Auburn. The District’s project is proposed in two phases; the southern, first phase extends from 26th ST NE (Brannan Park) north to the north boundary of Auburn 40 plat (a.k.a. Monterey Park) The second phase extends from the north end of Phase 1 DI.B Page 17 of 57 Page 2 of 5 to S 277th ST. Funding and construction is only secured for the first phase and funding and timing of second phase is currently unknown. Problem addressed by Levee The project will result in a wider corridor for moving flood flows, and a wider riparian corridor with enhanced ecological benefits. It will greatly reduce flood risk to residents, businesses and infrastructure within the City of Auburn and the Green River Valley. Once the new setback levee is constructed and the existing levee removed, the river channel will be free to migrate laterally and form new channel patterns in this area. The first phase includes approximately 6,600 linear feet (LF) of setback levee. The southern end of the project includes removing existing rock armoring and the existing levee prism that is currently sitting along the river’s edge. Project goals The Green River basin is located in Water Resource Inventory Area (WRIA) 9. The WRIA 9 Salmon Habitat Plan identifies actions for the recovery of endangered salmon in the Green River, including specific project recommendations. The Habitat Plan calls for side channel rehabilitation within the Reddington Levee Setback and Extension project plan area (Project LG-1). The proposed Reddington project not only accomplishes the side channel reconnection goal, it also removes channel armoring, incorporates engineered log structures and riparian revegetation, and avoids the use of tidegates thereby allowing access for juvenile and adult salmonids. The Reddington Levee Setback and Extension Project goals are to reduce flood risks to residents of Auburn and the Green River Valley by: • Replacing levees that do not meet modern structural design standards and have a history of seepage problems. • Extending the levee system where no levee currently exists along roughly a mile of river bank from just north of the River Mobile Home Park to 43rd Street Northeast. • Setting back levees to reduce their susceptibility to scour, the forceful removal and translocation of sediment by heavy water flows. • Increasing the flow containment capacity of the levee system beyond 12,000 cubic feet per second. An additional goal is to improve natural river functions to improve the habitat by: • Setting back levees to allow for more channel movement within the project area. DI.B Page 18 of 57 Page 3 of 5 • Allowing the river to meander, scour and develop a more complex ecosystem, which includes formation of rearing habitat for juvenile salmon. • Providing floodplain refuge for fish to avoid high flow velocities. • Protecting existing vegetation and restoring a corridor of native vegetation to increase shoreline and channel shading, support the riparian food web, and improve fish and wildlife habitat adjacent to and within the river channel. Project time line The project is planned for construction in 2013 and will cover approximately 6,600 feet of levee. City Related Actions The Reddington Levee Setback and Extension Project directly or indirectly triggers six main city approvals/actions. Nearly all require City Council approval and thus will be the subject of future City council briefings. The approvals/actions are as follows: 1) Comprehensive Plan Amendment – City’s approval of re-designation of a portion of city property from “Public and Quasi-Public” to “Moderate Density Residential” on the City’s Comprehensive Plan Map in response to a private application. This action was completed by City Council on December 17, 2012 by Ordinance No. 6440. 2) Rezoning of Property – City’s approval of a change in zoning classification of a portion of city property from P1, Public Use District to RMHC, Residential Manufactured/Mobile Home Community District to be consistent with the recent comprehensive Plan designation changes in response to a private application. The rezoning is scheduled for a public hearing by the Hearing Examiner on January 23, 2013. Subsequently, the Hearing Examiner will prepare a recommendation to be considered by the City Council. 3) Purchase and Sale Agreement – The City council was briefed on a related proposal for sale of a portion of city–owned property at the executive session on January 7, 2013. 4) RCO Conversion for Replacement Park Land – The levee will occupy a portion of Brannan Park that was originally purchased with federal and state funds. In accordance with the terms of the original grant, the permission must be secured from state and federal agencies to “convert” this eastern portion of the park to another use and provide replacement park land. The State Recreation and Conservation Office (RCO) administers the process. 5) City Permits and Approvals for Construction – While the project is proposed by King County, the project is located within the City and will require certain land use and construction authorizations by the City. DI.B Page 19 of 57 Page 4 of 5 6) 3-Party Interlocal Agreement for Conveyance of Easements – The levee project will occupy City owned properties along the west bank of the River. Some of these properties are city-owned park land that was dedicated through the subdivision process. King County has proposed to acquire an easement on City properties on which to construct the Levee. 3-Party Interlocal Agreement for Conveyance of Easements The attached draft 3-party Interlocal Agreement (ILA) has been prepared to facilitate the transfer of an easement on City-owned property for the future construction of the Reddington Levee Setback and Extension Project. The acquisition of city properties by the King County Flood Control District and King County will allow for the construction, operation and permanent maintenance of the Reddington Levee Project. The City prepared a draft interlocal agreement and upon review of the draft by the District, it was determined that the agreement needed to involve three parties; the City of Auburn, King County and the King County Flood Control District. The Agreement sets forth the conditions under which the City will convey non-exclusive easements to the District in support of the Project. The three main elements of the agreement are: 1. Compensation to the City for approx. 10.77 acres of encumbrances to the Auburn Storm Utility-owned property (a.k.a. Crista Ministries property), including functional equivalent replacement of the Brannan Park storm drainage bio-filtration swale. 2. City park land replacement by the District to satisfy the Washington State Recreation and Conservation Office (RCO) historic grant obligations associated with the original acquisition of Brannan Park for the approximately 2.99 acres of passive recreation area which will be lost at Brannan Park due to the Levee. 3. Trail improvements by the District concurrent with the levee construction so that the top of the levee meets King County's multi-use paved trail specifications and the trail is consistent with the overall design of the Green River Trail. The trail shall contain a minimum of three separate pedestrian access points that conform to the slope requirements of the Americans with Disabilities Act (ADA). Please note that this trail is currently planned for construction in Phase 1 of the Levee Project only. The City through the agreement is seeking authorization to construct, if it so desires, a temporary trail on King County controlled property in the Phase 2 alignment. The replacement of the functional equivalent of the bio-filtration swale and the replacement of park land (“RCO conversion”) is anticipated to be located on the Storm Utility-owned property formerly known as the “Crista Ministries Property”. The approximately 31.5-acre Crista Ministries Property was originally purchased to implement long-term recommendations in the 1991 Comprehensive Drainage DI.B Page 20 of 57 Page 5 of 5 Plan. The subsequent adoption of the 2009 Comprehensive Stormwater Drainage Plan identified that the entire property was no longer needed for storm drainage related purposes, so surplusing portions of the property is desirable to compensate the Storm Utility for a portion of the initial purchase. A public hearing must be conducted in order to surplus a portion of the property. The parcel is mostly undeveloped, except for the overhead electrical transmission lines on lattice towers (Bonneville Power Administration), an underground water transmission pipeline (Tacoma Pipeline No. 5) and city- owned storm drainage ponds (associated with the Riverpointe subdivision) and naturally occurring wetlands. Enclosures: Draft City Council Schedule for Levee-Related Actions Aerial Photo showing Levee Alignment DI.B Page 21 of 57 Ci t y o f A u b u r n 20 1 3 R e d d i n g t o n L e v e e - R e l a t e d A c t i o n s S c h e d u l e Pa g e 1 o f 1 1/ 3 / 1 3 Re v i s e d 1 / 9 / 2 0 1 3 1- 1 4 - 1 3 1- 2 2 - 1 3 * 1- 2 3 - 1 3 1 - 2 8 - 1 3 2 - 4 - 1 3 2 - 6 - 1 3 2 - 1 1 - 1 3 2- 1 9 - 1 3 * 2- 2 5 - 1 3 3 - 4 - 1 3 3 - 1 1 - 1 3 3 - 1 8 - 1 3 3 - 2 5 - 1 3 4 - 1 - 1 3 4 - 4 - 1 3 PC D C PW / F C HE PC D C PW / F C HE PC D C PW / F C / C C PC D C PW / F C / C C PCDC PW/FC/CC PCDC PW/FC/CC RCO Mtg 1) C o m p re h e n s i v e Pl a n A m e n d m e n t Ad o p t e d b y Or d i n a n c e N o . 6 4 4 0 on 1 2 - 1 7 - 1 2 . N/ A N/ A N/ A N/ A N/ A N/ A N / A N/ A N/ A N/ A N/A N/A N/A N/A N/A 2) R e z o n i n g of Pr o p e r t y N/ A N/ A P u b l i c He a r i n g N/ A N / A H E de c i s i o n av a i l a b l e PC D C Di s c u s s i o n , i f ne e d e d Co u n c i l A c t i o n on a p p r o v i n g or d i n a n c e N/ A N / A N / A N/A N/A N/A N/A 3) P u r c h a s e & S a l e In t r o d u c t o r y br i e f i n g In t r o d u c t o r y br i e f i n g F o l l o w u p di s c u s s i o n , if n e e d e d Fo l l o w u p di s c u s s i o n , i f ne e d e d P C D C t o re c o m m e n d to C o u n c i l RC W 3 5 . 9 4 . 0 4 0 pu b l i c h e a r i n g fo r s u r p l u s i n g ut i l i t y p r o p e r t y & Co u n c i l A c t i o n N/ A N / A N / A N / A N / A N / A N / A 4) R C O C o n v e r s i o n fo r r e p l a c e m e n t pa r k l a n d In t r o d u c t o r y br i e f i n g In t r o d u c t o r y br i e f i n g F o l l o w u p di s c u s s i o n , if n e e d e d Fo l l o w u p di s c u s s i o n , i f ne e d e d RCO meeting & discussion of Brannon Park Conversion 5) C i t y P e r m i t s & Ap p r o v a l s f o r Co n s t r u c t i o n N/ A N / A N / A N / A N / A N / A N / A N / A N / A N / A N / A N / A N / A N/A N/A 6) 3 -Pa r t y In t e r l o c a l Ag r e e m e n t f o r co n v e y a n c e o f le v e e e a s e m e n t fr o m C i t y In t r o d u c t o r y br i e f i n g In t r o d u c t o r y br i e f i n g F o l l o w u p di s c u s s i o n , if n e e d e d PW t o re c o m m e n d to C o u n c i l RC W 3 5 . 9 4 . 0 4 0 pu b l i c h e a r i n g fo r s u r p l u s i n g ut i l i t y p r o p e r t y & Co u n c i l A c t i o n * M e e t i n g d a t e s h i f t e d d u e t o h o l i d a y DI.B Page 22 of 57 DI.B Page 23 of 57 AGENDA BILL APPROVAL FORM Agenda Subject: Temporary Off-Premise Residential Real Estate Signs Date: January 8, 2013 Department: Planning and Development Attachments: Memorandum Attachment A Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: See attached memorandum. Reviewed by Council Committees: Councilmember:Backus Staff:Chamberlain Meeting Date:January 14, 2013 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 24 of 57 Memorandum TO: Nancy Backus, Chair, Planning and Community Development Committee John Holman, Vice Chair, Planning and Community Development Committee Largo Wales, Member, Planning and Community Development Committee FROM: Elizabeth Chamberlain, AICP, Planning Manager DATE: January 8, 2013 RE: Real Estate Signs of the Auburn City Code Background On April 18, 2011, the Auburn City Council passed Ordinance No. 6360 that established one (1) year interim zoning controls pertaining to the allowance, dimensions, and location of real estate signs not currently permitted by existing sign regulations in the public right-of-way or on private property related to the sale, lease, or rent of residential and non-residential development properties. Ordinance No. 6360 was developed in response to multiple requests from developers and owners of residential and non-residential real property in the City seeking authorization for the placement of real estate signs on public and private properties in locations, numbers, and of a size than is currently allowable under existing City regulations. The Ordinance’s key purpose was to assist in local economic development associated with the sale and development of residential and non-residential property in the City. Staff worked with the Planning Commission on developing the permanent regulations and the Planning Commission recommended to the City Council that the real estate sign regulations be in place for an additional year, or April 21, 2013 unless extended by the City Council through separate ordinance action and the City Council concurred with the passage of Ordinance No. 6406 on April 16, 2013. Discussion Staff is back before the Committee to discuss whether the real estate sign provisions should be extended for an additional year. The larger residential home builders, such as MainVue Homes and Lennar, as well as the residential community of Edgeview (formerly Kersey 3) have taken advantage of the real estate sign provisions. The City has seen relatively good compliance in regards to the regulations. If the regulations were extended for an additional year, staff would seek to make sure the builders are complying with the regulations. The real estate sign provisions allow the following: DI.C Page 25 of 57 • Residential Subdivisions are permitted to have one sign per street frontage not to exceed 32 square feet in area per side and not exceeding 8 feet in height. • The additional provisions allow the Planning and Development Director to approve additional off-premise signs. The signs cannot exceed 8 feet in height or 64 square feet in size. If the signs are placed in public right-of-way then the Planning and Development Director consults with the City Engineer, Police Chief, and other staff as needed regarding the placement. The number and location of signs is determined by the Planning and Development Director. During the public hearing process before the Planning Commission, the Lakeland HOA spoke out against the allowance of these signs primarily due to the Burma-shave signs along Lake Tapps Parkway. At that time, the Planning Commission and City Council felt a one year extension of the real estate sign provisions was appropriate with a review of the provisions annually. The number of applications for off-premise real estate signs related to residential subdivisions has not changed from when the regulations were adopted. Discuss Questions 1. Should the real estate sign provisions be extended for an additional year? 2. Do any of the sign allowances need to be revised? 3. What other questions or information needs for this issue does the Committee have? Attachments: Attachment A: Ordinance No. 6406 (see highlighted sections that relate to the real estate signs, pages 8-9) DI.C Page 26 of 57 ORDINANCE NO. 6 4 0 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, EXTENDING AND AMENDING CHAPTER 18.56 OF THE AUBURN CITY CODE, RELATING TO THE REGULATION OF THE ALLOWANCE, DIMENSIONS AND LOCATION OF SIGNS WHEREAS, on February 6, 2006, the Auburn City Council adopted Ordinance No. 5993, revising and amending the City of Auburn Sign Code; and WHEREAS, on April 18, 2011, the Auburn City Council passed Ordinance No. 6360 that established one (1) year interim zoning controls pertaining to the allowance, dimensions, and location of real estate signs not currently permitted by existing sign regulations in the public right -of -way or on private property relate to the sale, lease, or rent of residential and non - residential development properties; and WHEREAS, Ordinance No. 6360 was developed in response to multiple requests from developers and owners of residential and non - residential real property in the City seeking authorization for the placement of real estate signs on public and private properties in locations, numbers and of a size than is currently allowable under existing City regulations. The Ordinance's key purpose was to assist in local economic development associated with the sale and development of residential and non - residential property in the City; and WHEREAS, the City Council continues to find that current economic situations warrants reconsideration of existing regulations related to residential and non - residential real estate signs and that the nature and impact of the Ordinance No. 6406 March 21, 2012 Page 1 of 26 DI.C Page 27 of 57 current economic situations necessitate the temporary allowance of residential and non - residential real estate signs not currently allowed under existing City Code subject to compliance with standards and procedures specified herein; and, WHEREAS, the Planning Commission conducted a duly noticed work study session on January 4, 2012 and February 7, 2012 in order to fully consider all the options and alternatives for such regulations, and to fully investigate and review all of the factors involved in developing appropriate regulation of different sizes and types of residential and non - residential real estate signs; and WHEREAS, following proper notice, the City of Auburn Planning Commission held a public hearing on March 6, 2012, on the proposed code amendments to regulate the allowance, dimensions, and location of real estate signs; and WHEREAS, after fully considering the testimony and information presented at the public hearing, the Planning Commission made its recommendations for code amendments to the City of Auburn City Council; and WHEREAS, in its deliberations of the proposed text amendments to the Auburn Sign Code, the City of Auburn Planning Commission considered and recommended to the City Council that, the provisions of the Interim Sign Code remain in effect until April 22, 2013, and thereafter the interim sign code be superseded and replaced with the Sign Code it replaced as adopted by Ordinance No. 5993 and 6403; and Ordinance No. 6406 March 21, 2012 Page 2 of 26 DI.C Page 28 of 57 WHEREAS, the City Council has reviewed and considered the Planning Commission recommendations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. EXTENSION OF INTERIM SIGN CODE. That Chapter 18.56 of the Auburn City Code, the City of Auburn "Interim" Sign Code, as adopted in Ordinance No. 6360 on April 18, 2011, as amended by Ordinance No. 6403, adopted on February 21, 2012, be and the same hereby is extended and shall remain in full force and effect until April 22, 2013, reading as follows: Chapter 18.56 SIGNS Sections: 18.56.010 Intent. 18.56.020 Definitions. 18.56.025 Real estate signs. 18.56.030 General provisions, all districts. 18.56.040 Regulation by district. 18.56.050 Administrative provisions. 18.56.060 Deviations, variances and appeals. 18.56.070 Liability. 18.56.080 Conflicts repealed. 18.56.010 Intent. The overall purpose of this chapter is to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visual communication in the city. This chapter is also intended to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city's appearance and to prevent and abate public nuisances. The purpose of this chapter is implemented by controlling the construction, location, use and maintenance of all signs and sign structures. It is also the intent of this chapter to afford noncommercial speech the same or greater protection afforded commercial speech and to not regulate noncommercial speech to a stricter standard than commercial speech. This chapter is further intended to support local businesses in the city and the city's overall economy by Ordinance No. 6406 March 21, 2012 Page 3 of 26 DI.C Page 29 of 57 providing additional and increased opportunities for the use and siting of temporary and portable signage subject to conditions, including but not limited to time, size, location and placement. (Ord. 6403 § 1, 2012, Ord. 6353 § 1, 2011; Ord. 6327 § 1, 2010; Ord. 6263 § 1, 2009; Ord. 5993 § 1, 2006; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.) 18.56.020 Definitions. The following definitions are specific to this chapter and are to be used only for the implementation of this chapter: A. "Animated sign" means any sign that flashes or simulates motion with an electronic or manufactured source of supply or contains wind - actuated motion (except for flags and banners). An animated sign may also be a sign that meets the definition of "changing message center" or "revolving sign." B. "Banner" means a temporary sign constructed of fabric, vinyl, or other durable material; which is not the primary identification for the organization, event or product advertised; and which is primarily promotional in nature. C. "Billboard" means a large outdoor advertising sign containing a message, commercial or otherwise, unrelated to the use or activity on the property on which the sign is located and /or to any use or activity in the immediate area (such as is the case with an off - premises sign) and which is customarily leased for commercial purposes. The approximate size of the billboard faces range from 12 to 14 feet in height and 24 to 48 feet in width. D. "Changing message center" means an electronically controlled message center that displays different copy changes on the same Tamp bank. E. "Directional sign" means a sign which is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits, and service areas, and may not exceed six square feet in area or 10 feet in height. For projects that have parking lots in excess of 500 spaces, the sign area may be 10 square feet and the sign height 15 feet. F. "Double -faced sign" means a sign with two faces. G. "Electrical sign" means a sign or sign structure in which electrical wiring, connections, and /or fixtures are used as part of the sign proper. H. "Facade" means the entire building front, or street wall face, including grade to the top of the parapet or eaves, and the entire width of the building elevation. I. "Flashing sign" means an electrical sign or a portion thereof which changes light intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one -third of the nonconstant light source is off at any one time. J. "Freestanding sign" means a sign that meets the definition of "ground sign" (also commonly referred to as a monument sign), or pole sign." Signs attached to fences or other structures that are not defined as buildings will be considered freestanding signs. Ordinance No. 6406 March 21, 2012 Page 4 of 26 DI.C Page 30 of 57 K. "Frontage" means the measurement, in linear feet, of the length of the property line for a single- tenant building or length of leased building frontage for multitenant buildings or multibuilding complexes. L. "Grade" means the relative existing ground level in the immediate vicinity of the sign. M. "Ground sign" means a sign attached to the ground and supported by the ground or a built -up landscaped area such that the sign appears solid with the ground. The height of a ground sign shall be measured from the surrounding grade. Also commonly referred to as a monument sign. N. "Identification sign" means a sign containing the name of the business establishment, occupant of the building or tenant space and /or address of the premises. O. "Incidental sign" means a sign that is generally informational and of a noncommercial nature intended primarily for the convenience of the public and having a maximum area of two square feet. Incidental signs include, but are not limited to: signs designating restrooms, hours of operation, entrances and exits to buildings and parking lots, help wanted, public telephones, etc. Also included are property control and warning signs such as "no trespassing," "no dumping," etc., and plaques, tablets or inscriptions which are an integral part of a building. P. "Mansard roof" means a sloped roof or roof -like facade architecturally able to be treated as a building wall. Q. "Marquee" means a permanent structure attached to, supported by, and projecting from a building and providing protection from the weather elements. For the purpose of this chapter, a freestanding, permanent roof -like structure providing protection from the elements, such as a service station gas pump canopy, will also be considered a marquee. The term "marquee" also includes canopy. R. "Marquee sign" means any sign which forms part of or is integrated into a marquee and which does not extend horizontally beyond the limits of such marquee. For the purpose of this chapter, a marquee sign will be considered as a wall sign. S. "Median sign" means a sign that is placed within the median of a public street. T. "Multiple- building complex" means a group of commercial or industrial structures, developed as a group either simultaneously or in phases, with more than one building per parcel. U. "Multiple- tenant building" means a single structure housing more than one retail business, office or commercial venture but not including residential apartment buildings, which share the same lot, access and /or parking facilities. V. "On- premises sign" means a sign which carries advertisements incidental to a lawful use of the premises on which it is located, including signs indicating the business transacted, services rendered, goods sold or produced on the premises, name of the person, firm or corporation occupying the premises. Ordinance No. 6406 March 21, 2012 Page 5 of 26 DI.C Page 31 of 57 W. "Off- premises sign" means any sign which advertises an establishment, merchandise, service, goods, or entertainment which is sold, produced, and manufactured, or furnished at a place other than on the property on which said sign is located. X. "Parapet" means a false front or wall extension above the roofline. Y. "Perimeter" means a square or rectangle required to enclose the sign area. Z. "Portable sign" means any sign made of any material, including paper, cardboard, wood or metal, which is capable of being moved easily and is not permanently affixed to the ground, structure or building. This also includes sidewalk or sandwich board signs, except those worn by a person. AA. "Premises" means the real estate as a unit, which is involved by the sign or signs mentioned in this chapter. BB. "Projecting sign" means a sign which is attached to a structure or building wall in such a manner that the leading edge extends more than 16 inches beyond the surface of said structure or wall but does not extend more than five feet beyond the property line, extends no more than six inches above any roofline, and meets all standards for ground clearance. Signs that meet the definition of "marquee sign" or "suspended sign" will not be considered a "projecting sign." CC. "Real estate sign" means a portable sign erected by the owner, or the owner's agent, advertising the real estate upon which the sign is located for rent, lease or sale. DD. "Revolving sign" means any sign that rotates or turns in motion by electrical or mechanical means in a circular pattern. EE. "Roof sign" means a sign erected upon or above a roof or parapet of a building or structure. Mansard roof signs shall be considered as wall signs. Roof signs may not extend more than five feet in height above the roof. FF. "Sign" means any visual communication device, structure, or fixture which is visible from any right -of -way intended to aid a land use in promoting the sale or identification of a product, good or service using graphics, symbols, or written copy. For the purpose of this chapter, a sign shall not be considered to be building or structural design. It shall be restricted solely to graphics, symbols, or written copy that is meant to be used in the aforementioned way. This definition shall include inflatable signs, balloons or other similar devices. GG. "Sign area" means: 1. The total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or framework that contains no written copy, and includes only one side of a double -faced sign. 2. Individual letter signs using a wall as the background without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter. The combined total area of each individual letter shall be considered the total area of the sign. Ordinance No. 6406 March 21, 2012 Page 6 of 26 DI.C Page 32 of 57 3. Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module. 4. Perimeter of sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured. HH. "Sign height" means the vertical distance measured from the adjacent grade to the highest point of the sign. II. "Sign structure" means any structure that supports or is capable of supporting any sign as defined in this chapter. A sign structure may be a single pole or may or may not be an integral part of the building or structure. JJ. "Single- tenant building" means a commercial building or structure that contains one enterprise or occupant. Buildings within a multibuilding complex may not be considered a single- tenant building. KK. "Special event signage" means temporary signs including posters, flags, pennants, and inflatable materials; which are not the primary identification for the organization, event or product advertised; and which are primarily intended for short-term promotional periods. LL. "Suspended sign" means a sign that is attached to and suspended from a marquee or canopy, and subject to right -of -way and clearance regulations. MM. "Temporary sign" means any sign or advertising display constructed of wood, vinyl, cloth, canvas, light fabric, paper, cardboard, or other light materials, with or without frames, intended to be displayed for a limited time only. This definition shall include inflatable signs. NN. "Traffic hazard" means any sign which does not meet city standards for clear zone or sight distance or which does not meet the requirements of the Americans with Disabilities Act. 00. 'Wall sign" means a sign attached or erected parallel to and extending not more than 16 inches from the facade or face of any building to which it is attached and supported through its entire length, with the exposed face of the sign parallel to the plane of said wall or facade. 'Window signs" which do not meet the definition of a "temporary sign" shall be considered as wall signs. PP. 'Window sign" means a sign located inside or affixed to windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. QQ. "Feather banner or sign" means a fabric sign with printed advertisement on one or two faces that is either stationary or rotates and is attached on one side to a metal pole or stake that is placed in the ground or attached to a secure object. RR. "Off- premises directional sign" means a sign located on private property or in the public right -of -way as authorized that directs or guides persons to an establishment, merchandise, service, goods, or entertainment which is sold, produced, and manufactured, or furnished at a place other than on the property or public right -of -way on which said sign is located. (Ord. 6403 § 3, 2012, Ord. 6353 § 3, 2011; Ord. 6327 § 3, Ordinance No. 6406 March 21, 2012 Page 7 of 26 DI.C Page 33 of 57 2010; Ord. 6263 § 3, 2009; Ord. 6166 § 1, 2008; Ord. 5993 § 1, 2006; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.025 Real estate signs. No sign permit is required, except as provided in subsection F of this section. All exterior real estate signs must be of wood or plastic or other durable material. The permitted signs are as follows: A. Residential "for sale" and "sold" signs: such signs shall be limited to one sign per street frontage not to exceed five square feet in sign area per side, placed entirely on the property for sale, and not to exceed a height of seven feet. B. Residential directional "open house" signs: such signs shall be limited to one sign per street frontage on the premises for sale and three off - premises signs. However, if a broker /agent has more than one house open for inspection in a single development or subdivision, he /she is limited to four off - premises "open house" signs in the entire development or subdivision. Such signs are permitted only during daylight hours and when the broker /agent or seller or an agent is in attendance at the property for sale. No such sign shall exceed five square feet in sign area per side. The sign may be placed along the periphery of a public right -of- way, provided it does not interfere with traffic safety, but it may not be attached to a utility pole or traffic safety device. C. Undeveloped commercial and industrial property "for sale or rent" signs: one sign per street frontage advertising undeveloped commercial and industrial property for sale or for rent is permitted while the property is actually for sale or rent. The sign shall not exceed 32 square feet in sign area per side and eight feet in height. D. Developed commercial and industrial property "for sale or rent" signs: one sign per street frontage advertising a commercial or industrial building for rent or sale is permitted while the building is actually for rent or sale. If one face of the building is less than 10 feet from the building line, the sign shall be placed on the building or in a window. The sign shall not exceed eight feet in height; if freestanding, it shall be located more than 15 feet from any abutting property line and a public right -of- way line. Said sign shall not exceed 32 square feet in sign area per side. E. Undeveloped residential property "for sale" signs: one sign per street frontage advertising undeveloped residential property for sale is permitted not exceeding 32 square feet in area per side, nor exceeding a height of eight feet. F. Additional signs: the planning and development director may grant written authorization to allow temporary off - premises signs in addition to those permitted above. The size of these signs shall be determined by the planning and development director based on factors including but not limited to surrounding land uses, sight distance and traffic safety, but in no instances shall the height of the sign exceed eight 8) feet and the total sign face area exceed sixty -four (64) square feet. Notice of adjacent property owners shall not be required. Such additional Ordinance No. 6406 March 21, 2012 Page 8 of 26 DI.C Page 34 of 57 signs may be used to advertise open houses, to advertise properties for sale, lease or rent, to provide directions to new developments, or similar purposes. Such signs may be placed within the public right -of -way, provided they do not interfere with traffic safety, but they may not be attached to utility poles or traffic safety devices. For the placement of signs within the public right -of -way, the planning and development director shall consult with the City Engineer, Police Chief, Risk Manager and other staff as appropriate regarding the placement, size and number of signs that may be permissible within the public right -of -way and may require hold harmless agreements or similar legal instrument prior to sign placement as a condition of authorization. The planning and development director shall determine the number and locations of such signs, and the period during which they may be displayed. The planning and development director shall take into account the number of existing signs in any proposed location, and may limit or prohibit new ones so as to prevent a traffic safety hazard or a detrimental effect on neighboring property. (Ord. 6360 § 2, 2010; Ord. 5993 § 1, 2006.) 18.56.030 General provisions, all districts. A. Community Signs. The planning, building and community director may approve and permit to be erected entrance signs, at or near the city limits, on city public right -of -way or on privately owned parcels with the owner's permission, on which may be listed institutional names, service clubs or organizations or points of interest or similar public information. Right -of -way use permits may be required for signs located in the public right -of -way, except as permitted by subsections (B)(1), (B)(2), I or J of this section. B. Temporary Signs. 1. Special event signage may be allowed in the RO, RO -H, CN, C -1, C -2, C -3, DUC, BP, LF, M -1, M -2, EP and the nonresidential used properties in the Terrace View District and the PUD- Lakeland Hills South subject to obtainment of temporary sign permit authorization from the city and compliance with the following as applicable: a. The area of any single sign shall not exceed 30 square feet; b. Special event signs as authorized herein shall not have the following: i. Illumination of any kind; ii. Strobing or blinking or flashing lights; Electrical animation; iv. Changeable reader copy, electronic or manual; c. Special event signage shall not exceed the maximum height limitations of the underlying zoning district; d. Special event signs may have spinning elements attached to them including but not limited to flags or pennants or balloons or windsocks attached to them; provided, that they do not at any time constitute a traffic safety or pedestrian safety hazard; Ordinance No. 6406 March 21, 2012 Page 9 of 26 DI.C Page 35 of 57 e. Balloons and windsock special event signage shall not be authorized to be placed in the public rights -of -way or on -site landscape areas or off -site on another private parcel of land that does not contain the business or service being advertised; f. Flag and pennant special event signage may be authorized to be placed in the public rights -of -way; provided, that placement in the public rights -of -way does not constitute a traffic safety or pedestrian safety hazard and does not create nonconformance to the Americans with Disabilities Act; g. Flag and pennant special event signage may be authorized to be placed in on -site landscape areas and off -site on another private parcel of land that does not contain the business or service being advertised; provided, that placement in on -site landscape areas does not impede sight distance and that off -site placement on another property has received prior property owner authorization. 2. Banners may be allowed in the RO, RO -H, CN, C -1, C -2, C -3, DUC, BP, LF, M -1, M -2, EP and the nonresidential used properties in the Terrace View District and the PUD- Lakeland Hills South, subject to obtainment of temporary sign permit authorization from the city and compliance with the following: a. The area of any single banner used by a single business on a site shall not exceed 32 square feet; provided, that banners crossing roadways as approved by the city shall not exceed 120 square feet. b. For multitenant buildings and /or multibusiness complexes, each business shall be authorized to have a banner; provided, that the size of each banner shall be limited to maximum of 32 square feet; provided, that banners crossing roadways as approved by the city shall not exceed 120 square feet. c. Banners as authorized herein shall not have the following: i. Illumination of any kind; ii. Strobing or blinking or flashing lights; iii. Electrical animation; iv. Changeable reader copy, electronic or manual. d. Banner signage shall not exceed the maximum height limitations of the underlying zoning district. e. Banners may have spinning elements attached to them including but not limited to flags or pennants or balloons or windsocks attached to them; provided, that they do not at any time constitute a traffic safety or pedestrian safety hazard. f. Banners may be authorized to be placed in the public rights -of -way; provided, that placement in the public rights -of -way does not constitute a traffic safety or pedestrian safety hazard or does not create nonconformance to the Americans with Disabilities Act. g. Banners may be authorized to be placed in on -site landscape areas and off -site on another private parcel of land that does not contain the business or service being advertised; provided, that placement in on -site landscape areas does not impede sight distance and Ordinance No. 6406 March 21, 2012 Page 10 of 26 DI.C Page 36 of 57 that off -site placement on another property has received prior property owner authorization. C. Civic Events. Street banners may be permitted subject to approval and installation in accordance with rules and procedures established by the city of Auburn public works department. D. Sign Lighting Provisions. 1. All lighting shall be arranged to reflect away from any residential zone. No person shall construct, establish, create or maintain any stationary exterior lighting or illumination system or any interior system which is intended to be viewed from a street, highway or other public thoroughfare used for vehicular traffic which system contains or utilizes: a. Any exposed incandescent lamp with wattage in excess of 25 watts; b. Any exposed incandescent Tamp with a metallic reflector; c. Any exposed incandescent lamp with an external reflector; d. Any revolving beacon light; e. Any continuous or sequential flashing operation, except as allowed for changing message center signs in subsection F of this section. 2. The provisions of subsection (D)(1) of this section shall not apply to: a. Lighting systems owned or controlled by any public agency for the purpose of directing or controlling navigation, traffic, or highway or street illumination; b. Aircraft warning lights. E. Construction Provisions, Sight Distance, Exposed Angle Iron and Wire. 1. Each sign shall be adequately constructed in accordance with the requirements of the International Building Code, as amended; 2. Signs containing electrical circuitry shall meet the requirements of the National Electrical Code and all state laws, and shall include an approved testing lab sticker; 3. Signs must meet vehicular sight distance requirements established by the city engineer pursuant to the city of Auburn engineering design standards; 4. When a projecting sign is used, no angle irons, guy wires or braces shall be visible, except those that are an integral part of the overall design, such as decorative metals or woods, or unless they are required for safety. F. Changing Message Center Signs. Where permitted under this chapter, changing message center signs shall comply with the following requirements; provided, that changing message center signs that only display time and temperature or similar public service information shall be exempt from these requirements. 1. Where Allowed. Changing message center signs shall only be allowed in the I, P -1, C -1, C -2, DUC, C -3, M -1 and M -2 zones. Ordinance No. 6406 March 21, 2012 Page 11 of 26 DI.C Page 37 of 57 a. In the 1 and C -1 zones, changing message center signs shall only be allowed on frontages along a collector, minor or principal arterial street. b. In the I zone, no changing message center sign shall operate between the hours of 10:00 p.m. and 6:00 a.m. c. In the DUC zone, changing message center signs shall only be allowed when located adjacent and oriented to Auburn Way North /Auburn Way South street frontages. (For other sign standards for the DUC zone, see ACC 18.29.060(1)). 2. Number. No more than one changing message center sign per street frontage shall be permitted on each property. 3. Sign Face Area. Except in the 1 and P -1 zones, the changing message center shall not constitute more than 75 percent of a sign's total sign face area. 4. Display. a. The display of the sign shall not change more rapidly than once every one and one -half seconds. b. No scrolling message shall require more than five seconds to be displayed in its entirety. 5. Light Levels. a. Changing message center signs shall have installed ambient light monitors and shall at all times allow such monitors to automatically adjust the brightness level of the sign based on ambient light conditions. b. At no time shall a changing message center sign be operated at a brightness level greater than the manufacturer's recommended levels. c. All lighting shall be arranged to reflect away from any residential zone. The director shall have the authority to require a sign permit application to include information to ensure the intent of this requirement is met. d. The brightness level shall not exceed 8,000 nits when measured from the sign's face at its maximum brightness during daylight hours and 500 nits when measured from the sign's face at its maximum brightness between dusk and dawn. 6. On- Premises Advertising Only. Changing message center signs shall only advertise on- premises products and services, or display public service messages or messages on behalf of not - for - profit organizations. 7. Additional Requirements. A copy of the manufacturer's operating manual shall be provided to the city upon request. 8. Amortization. All changing message center signs that do not comply with the requirements of subsections (F)(4) and (5) of this section shall be brought into compliance with those requirements by April 1, 2009. G. Change of Copy. The holder of a permit, for the duration thereof, shall have the right to change the advertising copy on the Ordinance No. 6406 March 21, 2012 Page 12 of 26 DI.C Page 38 of 57 structure or sign for which the permit was issued without being required to pay any additional fees. H. Exemptions. Unless otherwise specified or unless expressly prohibited, it is not the intent of this chapter to regulate the following signs: 1. The flag of government or noncommercial institutions such as schools, with the poles treated as structures; 2. Official public notices, official court notices; 3. Incidental signs (see ACC 18.56.020(0), Definitions); 4. Signs not visible from public right -of -way; 5. Lettering or symbols painted directly onto or flush- mounted magnetically onto an operable vehicle; 6. Painting, repainting, cleaning, repairing, and other normal maintenance unless structural or electrical changes are made; 7. Religious symbols not attached to a permitted sign; 8. Memorial signs or tablets, names of buildings, dates of erection and the like, which are incorporated into the building material and facade; 9. Signs required by law, traffic or pedestrian control signs, signs indicating scenic or historic points of interest, which are erected by or on the order of a public officer in the performance of his or her public duty; 10. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or identification; 11. Temporary signs limited exclusively to noncommercial speech. I. Portable signs shall be allowed in the RO, RO -H, CN, C -1, C -3, BP, LF, M -1, M -2, EP and the nonresidential used properties in the Terrace View District and the PUD- Lakeland Hills South subject to obtainment of temporary sign permit authorization from the city and compliance with the following as applicable: 1. For single- tenant buildings and /or sites, one portable sign shall be allowed per building or property frontage, as applicable. 2. Each business in a multitenant building and /or multibuilding complex shall be limited to a maximum of one portable sign. 3. For multitenant buildings and /or multibuilding complexes that propose to place one or more portable signs within the on -site landscaped area at the intersection of two public or private streets or at a driveway intersection with a public or private street, compliance to the city's minimum sight distance requirements shall be maintained at all times. 4. For multitenant buildings and /or multibuilding complexes that propose to place one or more portable signs along the property street frontage of a public or private street, the total number of allowable portable signs along said frontage shall be limited as follows to reduce the visual and aesthetic impact to the city: Ordinance No. 6406 March 21, 2012 Page 13 of 26 DI.C Page 39 of 57 a. Zero through 25 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of three signs at any given time. b. Twenty -six through 50 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of four signs at any given time. c. Fifty -one through 75 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of five signs at any given time. d. Seventy -six through 100 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of six signs at any given time. e. One hundred through 125 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of seven signs at any given time. f. One hundred twenty -six through 150 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of eight signs at any given time. g. One hundred fifty -one through 175 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of nine signs at any given time. h. One hundred seventy -six lineal feet and greater of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of 10 signs at any given time. i. The planning director shall have the discretionary authority to authorize additional portable signs along a public or private street frontage when in his or her determination such allowance will not substantively impact the visual and /or aesthetic impact to the city and such allowance is warranted by physical site conditions or economic or business considerations or other factors as deemed reasonable by the planning director. 5. Portable signs shall not be located in one or more existing parking spaces on a development site. 6. Portable signs as authorized herein shall not have the following: a. Illumination of any kind; b. Strobing or blinking or flashing lights; c. Electrical animation; d. Changeable reader copy, electronic or manual. 7. Portable signs may have spinning elements including but not limited to flags or pennants or balloons or windsocks attached to them; provided, that they do not at any time constitute a traffic safety or pedestrian safety hazard. 8. Portable signs advertising a business or service not located on the same site shall be allowed to be located off -site from the business or service being advertised; provided, that prior property owner authorization has been obtained by said business operator or service provider. Ordinance No. 6406 March 21, 2012 Page 14 of 26 DI.C Page 40 of 57 9. Each portable sign shall have a maximum total sign size of 36 inches in height and 30 inches in width and be limited to two faces. 10. Portable signs shall be allowed in the public right -of -way; provided, that any and all signs are not placed within vehicle travel lanes or improved /unimproved vehicle shoulder areas or bicycle lanes, are not placed in front of or block access to marked bus transit stops, do not interfere with or impede pedestrian traffic or crossings and do not create nonconformance to the Americans with Disabilities Act. J. Off - premises directional signs shall be allowed in the RO, RO -H, CN, C -1, C -2, C -3, DUC, BP, LF, M -1, M -2, EP, and the nonresidential used properties in the Terrace View District and the PUD- Lakeland Hills South subject to obtainment of temporary sign permit authorization from the city and compliance with the following as applicable: 1. Off - premises directional signs as authorized herein shall not have the following: a. Illumination of any kind; b. Strobing or blinking or flashing lights; c. Electrical animation; d. Changeable reader copy, electronic or manual. 2. Off - premises directional signs may have spinning elements including but not limited to flags or pennants or balloons or windsocks attached to them; provided, that they do not at any time constitute a traffic safety or pedestrian safety hazard. 3. Off - premises directional signs may be authorized to be placed in the public rights -of -way; provided, that placement in the public rights -of -way does not constitute a traffic safety or pedestrian safety hazard and does not create nonconformance to the Americans with Disabilities Act. 4. Off - premises directional signs may be authorized to be placed in on -site landscape areas, or off -site on another private parcel of land that does not contain the business or service being advertised; provided, that placement in on -site landscape areas does not impede sight distance and that off -site placement on another property has received prior property owner authorization. 5. Off - premises directional signs shall not be located in one or more existing parking spaces on a development site. 6. Off - premises directional signs shall have a maximum sign face area of 12 inches by 24 inches and a total height of 42 inches inclusive of any wood, metal, plastic or other support and a maximum of two sign faces. K. Prohibited Signs. From and after the effective date of the ordinance codified in this chapter, it shall be unlawful for any person to erect or place within the city, except as otherwise authorized: 1. A swinging projecting sign; 2. Portable signs, except as permitted by ACC 18.56.025 Real estate signs), 18.56.040(E) (C -2 District) and subsections (I)(1) through (10) of this section; Ordinance No. 6406 March 21, 2012 Page 15 of 26 DI.C Page 41 of 57 3. Banners, pennants, ribbons, streamers, spinners, rotating or blinking lights, strings of lights, or similar devices, except as permitted by subsection B of this section (Temporary Signs); 4. Flashing signs, except as permitted in subsection D of this section (Sign Lighting Provisions); 5. Changing message center signs, except as allowed in the I, P -1, C -1, C -2, C -3, M -1 and M -2 zones; 6. Signs attached to, or placed on, a vehicle or trailer parked on private or public property that is not associated with the business advertised on said sign(s). This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle used in the normal course of business. This does not include automobile for sale signs or signs attached to franchised buses or taxis; 7. Private signs placed in or on a public right -of -way, except for as expressly permitted by this chapter; 8. Any sign which constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement, coloring, or method of illumination, or by obstructing the vision of drivers, or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians by glare or method of illumination or constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in such a manner as to interfere with, mislead, or confuse traffic; 9. Any sign or advertising structure or supporting structure that is torn, damaged, defaced or destroyed; 10. Signs attached to poles installed by governmental agencies, utility poles, trees, rocks or other natural features; 11. Signs attached to benches, garbage cans, or other street furniture located within the public right -of -way; 12. Rotating signs; 13. Billboards; 14. Any sign which does not structurally or materially conform to the requirements of the city's adopted International Building Code. L. Nonconforming Signs. Permanent signs established legally prior to the adoption of the ordinance codified in this chapter that do not conform to the regulations of this chapter with regard to number, size, height or location shall be allowed to remain as legal nonconforming signs except as follows: 1. Whenever a new building replaces the principal building. 2. When there is an expansion of an existing building, the requirements of this section shall apply only if there is an increase in floor area of 25 percent or more (including the cumulative increase of previous expansions after the effective date of the ordinance amending this section). 3. Whenever a nonconforming use is replaced by a conforming use, the requirements of this section shall apply in full to the Ordinance No. 6406 March 21, 2012 Page 16 of 26 DI.C Page 42 of 57 new use if and only if there is a change in required signage due to the zoning district. 4. Any sign, including the sign structure, now or hereafter existing which no longer advertises a bona fide business conducted or a product sold. Such sign(s) shall be taken down and removed by the owner, agent or person having the beneficial use of the land, building or structure upon which such sign may be found within 90 days after written notification from the building official. M. Master Sign Plans Authorized. The planning, building and community director has the authority to require a master sign plan to ensure a consistent and coordinated signage scheme for development proposals. In approving master sign plans under the provisions of this subsection, the director has the authority to approve signage schemes that allow for signs greater in area and height than allowed in the particular zone in which the development is located when a coordinated signage scheme is used. Master signage plans shall be recorded. N. Maintenance and Safety. All permanent, temporary and portable signs and components thereof must be maintained in good repair and in a safe, neat, clean and attractive condition. Failure to maintain a sign(s) in accordance with this subsection shall be subject to the code compliance provisions of the Auburn City Code. (Ord. 6403 § 5, 2012, Ord. 6353 § 5, 2011; Ord. 6327 § 5, 2010; Ord. 6287 § 2, 2010; Ord. 6263 § 5, 2009; Ord. 6166 § 2, 2008; Ord. 5993 § 1, 2006; Ord. 5342 § 2, 2000; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.040 Regulation by district. A. R -R, R -S, LHRS, R -1, LHR1, R -2, LHR2, R -3, LHR3, R-4, LHR4, R -MHP, LHRMHP Zoning Districts (Nonresidential Uses, Except as Noted). 1. Residential entry monument: A cumulative area of 50 square feet or 10 feet in height (highest point of sign structure) not to exceed two per entrance; provided, that no sign exceeds 32 square feet in area. 2. Maximum sign area of all signs is 40 square feet per frontage. 3. Freestanding Signs. a. Total number permitted: one per frontage not to exceed two total freestanding signs per property. b. Maximum height: 10 feet. c. Maximum area: 32 square feet per face, calculated at a rate of one square foot of sign area for every three lineal feet of frontage. The minimum entitlement for freestanding signs shall be one 16- square- foot sign for those sites with frontages less than 48 feet. 4. Wall Signs (for Building or Tenant Space). a. Total number permitted: one per frontage not to exceed two total wall signs per building. b. Maximum area: 32 square feet, calculated at a rate of one square foot of sign area for every three lineal feet of frontage. The Ordinance No. 6406 March 21, 2012 Page 17 of 26 DI.C Page 43 of 57 minimum entitlement for wall signs shall be one 16- square -foot sign for those sites with frontages less than 48 feet. 5. Signs may be indirectly illuminated only. B. RO, RO -H, C -N, C -1, LHC1, BP Zoning Districts Nonresidential Uses). 1. Maximum sign area of all signs is 150 square feet per frontage. 2. Freestanding Signs. a. Total number permitted: one per frontage not to exceed two total. b. Maximum height: 22 feet, 10 feet in the RO zone. c. Maximum area: 100 square feet per face, 75 square feet per face in the RO zone, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. Minimum entitlement for freestanding signs shall be one sign at 32 square feet for those sites with less than 64 feet of frontage. d. If permitted, the second freestanding sign shall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured in a straight -line distance must separate multiple pole signs. 3. Wall Signs (for Building or Tenant Space). a. Total number permitted: One per frontage. b. Maximum area: 100 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of frontage. For multitenant buildings where freestanding signage contains the name of not more than one tenant business (e.g., a prime tenant name or a shopping center name), an additional 25 percent of wall signage per tenant space shall be allowed. This increase in signage shall not apply to minimum entitlement for wall signs, which shall be one sign at 16 square feet. c. Signs may be directly or indirectly illuminated. 4. Suspended Signs. a. Total number permitted: one per entrance. b. Maximum area: six square feet per face. c. Minimum clearance is eight feet from sign to grade. 5. Projecting Signs. a. Not permitted in C -N, RO or RO -H. b. Total number permitted: one in lieu of a permitted freestanding sign. c. Maximum height: height requirement of the zoning district. d. Maximum area: 50 percent of the area allowed for single freestanding signs. C P -1, LHP1, I, LHI Zones. 1. Freestanding Signs. a. Total number permitted: one per frontage not to exceed two total. b. Maximum height: 18 feet. c. Maximum area: 80 square feet per face, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. Ordinance No. 6406 March 21, 2012 Page 18 of 26 DI.C Page 44 of 57 The minimum entitlement for freestanding signs is one sign at 32 square feet. d. If permitted, the second freestanding sign shall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured in a straight -line distance must separate multiple pole signs. e. For projects, parcels or complexes that have a single street frontage and more than 300 feet of street frontage, a changing message center sign may be permitted for a total of two signs per frontage subject to the following: i. Only one changing message center is provided. ii. Multiple signs are separated by at least 150 feet. iii. The combined area of the two signs does not exceed 120 square feet in size and neither sign is greater than 80 square feet in size. 2. Wall Signs (for Building or Tenant Space). a. Total number permitted: two per street frontage. b. Maximum area: 50 square feet for total of all wall signs per frontage. c. Signs may be directly or indirectly illuminated. D LF, M -1, M -2 Zoning Districts. 1. Maximum sign area of all signs is 150 square feet/frontage. 2. Freestanding Signs. a. Total number permitted: two per frontage not to exceed four total. b. Maximum height: 30 feet. c. Maximum area: 125 square feet per face, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. Minimum entitlement for freestanding signs is 32 square feet for those sites without 64 feet of frontage. d. The total area of freestanding signs on any given frontage shall not exceed the area allowed for a single freestanding sign. e. The maximum height of signs located on a second or third frontage shall be 20 feet. f. Multiple freestanding signs must be separated by 150 feet measured in a straight -line distance. 3. Wall Signs (for Building or Tenant Space). a. Total number permitted: one per frontage. b. Maximum area: 100 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of frontage. 4. Projecting Signs. a. Total number permitted: one in lieu of a permitted freestanding b. c. freestanding E. 1. 2. of a specific Ordinance No. 6406 March 21, 2012 Page 19 of 26 sign. Maximum height: height requirement of the zoning district. Maximum area: 50 percent of the area allowed for single sign. C -2 Zoning District. Maximum sign area of all signs is 200 square feet. Hanging signs that are designed to display the availability product in a business, limited to three square feet and no DI.C Page 45 of 57 more than two such signs per business, shall be considered permanent signs, but shall not be calculated as part of the maximum allowed signage. 3. Freestanding Signs. a. Freestanding signs are not allowed on properties abutting or oriented toward Main Street. b. Total number permitted: one per frontage not to exceed two total. c. Maximum height: 20 feet. d. Maximum area: 75 square feet per face, calculated at a rate of one square foot of sign area for each lineal foot of frontage. Minimum entitlement for freestanding signs shall be one sign at 32 square feet. 4. Wall Signs. a. Total number permitted: one per frontage. b. Maximum area: 150 square feet, calculated at a rate of one square foot of sign area for every one lineal foot of frontage. For multitenant buildings where freestanding signage contains the name of not more than one tenant business (e.g., a prime tenant name or a shopping center name), an additional 25 percent of wall signage per tenant space shall be allowed. This increase in signage shall not apply to minimum entitlement for walls signs, which shall be one sign at 16 square feet. 5. Suspended Signs. One double -faced suspended sign, not exceeding three square feet per face, may be allowed for each business entrance. There shall be a minimum of eight feet of clearance between the grade and the sign. 6. Portable Signs. One 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 planning and development director in consultation with the city engineer such that sign 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. f. Shall meet applicable supplemental design requirements of the Auburn downtown association. 7. Supplemental Sign Standards, C -2 Zone. a. Sign Design and Construction. i. All signs, other than temporary signs, shall be made of professional, durable materials such as wood, metal, and /or glass. Ordinance No. 6406 March 21, 2012 Page 20 of 26 DI.C Page 46 of 57 ii. Signs that are indirectly illuminated shall have their light sources shielded from view. iii. Internally illuminated signs are not permitted abutting or oriented toward Main Street. b. Sign Placement. i. Signs shall be oriented toward pedestrian visibility and shall be positioned at such a height as to be readable by pedestrians. ii. Externally mounted wall signs shall not be mounted so as to block building windows. F. C -3 Zoning District. 1. Freestanding Signs. a. Total number permitted: two per frontage not to exceed four total. b. Maximum height: 30 feet. c. Maximum area: 200 square feet, calculated at a rate of one square foot of sign area for every two lineal feet of frontage; provided, that the maximum size of any sign does not exceed 125 square foot per face. The minimum entitlement for freestanding signs is 32 square feet for those sites without 64 feet of frontage. d. The total area of freestanding signs on any given frontage shall not exceed the area allowed for a single freestanding sign. e. The maximum height of signs located on a second or third frontage shall be 20 feet. 2. Wall Signs (for Building or Tenant Space). a. Maximum area: 125 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of frontage. 3. Projecting Signs. a. Total number permitted: one in lieu of a permitted freestanding sign. b. Maximum height: height requirement of the zoning district. c. Maximum area: 50 percent of the area allowed for single freestanding sign. 4. Suspended Signs. a. Total number permitted: one. b. Maximum placement height: 25 feet. c. Maximum area: six square feet per face. d. Minimum clearance is eight feet from sign to grade. 5. Off - Premises Signs. a. Total number permitted: one per business and one per parcel. b. Location: Off - premises sign must be located in a zone that permits off - premises signs. c. Maximum height: 20 feet. d. Maximum area: 50 percent of the area allowed for single freestanding sign, calculated using the feet of frontage of the site where the sign is located. e. Must be within 750 feet of the business being advertised. Ordinance No. 6406 March 21, 2012 Page 21 of 26 DI.C Page 47 of 57 f. Must be separated from any existing pole sign a minimum distance of 150 feet measured in a straight -line distance. g. Sign can be no more than two faces. h. Signs may be directly or indirectly illuminated. G. EP Zoning District. 1. Maximum sign area of all signs is 150 square feet per street frontage. 2. Freestanding Signs. a. Freestanding signs shall be limited to ground signs. b. Total number permitted: one per frontage not to exceed two total. c. Maximum height: 10 feet. d. Maximum area: 100 square feet per face, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. Minimum entitlement for freestanding signs is 32 square feet for those sites with Tess than 64 feet of frontage. e. Multiple freestanding signs must be separated by 150 feet measured in a straight -line distance. f. Minimum Yard Setbacks. i. Directly illuminated signs: 10 feet; ii. Indirectly illuminated signs: five feet. 3. Wall Signs (for Building or Tenant Space). a. Total number permitted: one per frontage. b. Maximum area: 100 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of frontage. For multitenant buildings where freestanding signage contains the name of not more than one tenant business (e.g., a prime tenant name), an additional 25 percent of wall signage per tenant space shall be allowed. This increase in signage shall not apply to minimum entitlement for wall signs, which shall be one sign at 16 square feet. (Ord. 6287 § 2, 2010; Ord. 6036 § 4, 2006; Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987.) 18.56.050 Administrative provisions. A. Permits Required. Except as provided in subsection B of this section, no signs shall hereafter be erected, re- erected, constructed, altered, or maintained, except as provided by this chapter and, when required, a building permit for the same has been issued by the building official. A separate permit shall be required for a sign or signs for each business entity and /or a separate permit shall be required for each group of signs on a single supporting structure. 1. Application for Permits. Application for sign permits shall be made to the building official on a form as provided by the building division. Such application shall require: a. Name of business and address where work is to be performed. b. Name and address of property owner. c. Name and title of the person completing the application. Ordinance No. 6406 March 21, 2012 Page 22 of 26 DI.C Page 48 of 57 d. Name and address, telephone number of the person or firm doing the work and preferably the owner of said establishment. e. Washington contractor's registration number, industrial use permit number, sales tax number. f. A site plan showing location of the sign in relation to buildings, property lines and street right -of -way including the size and location of all existing signs on the property. g. A scale drawing of the proposed sign or sign revision showing size, height, copy, structural and footing details, and material specifications. h. A description of work to be performed and type of sign. i. Electrical Toad with name of electrical contractor responsible for installation of service feed wires if other than sign contractor. j. Structural engineer's stamp required on those signs and sign structures subject to wind and seismic forces. 2. Revocation of Permit. The building official may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this chapter. 3. Permit Fee Schedule. The fees prescribed in the city's fee schedule must be paid to the city for each sign installation for which a permit is required by this chapter and must be paid before any such permit is issued by the building official. Fees for building permits for each sign erected, installed, affixed, structurally altered, relocated, or created by painting shall be set in accordance with the city's fee schedule. 4. Sign permits shall be processed in accordance with the relevant timelines and procedures identified in ACC Title 14, Project Review. B. Interpretation. In all applications for permits where a matter of interpretation arises, the most restrictive definition shall prevail. (Ord. 5993 § 1, 2006; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.060 Deviations, variances and appeals. A. The planning and development director may grant up to a 50 percent deviation to the provisions of this sign code related to sign height and sign area. In a petition for a deviation, the planning and development director shall have the power and duty to review, decide, grant, grant with conditions or deny the requested deviation. The planning and development director may grant a deviation from the provisions of this chapter only when the deviation is within 50 percent of the entitlement and all of the following findings of fact are met: 1. The literal interpretation and strict application of the provisions and requirements would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or property in question; and Ordinance No. 6406 March 21, 2012 Page 23 of 26 DI.C Page 49 of 57 2. The granting of the requested deviation would not be materially detrimental to the public welfare or injurious to the property or property owners in the vicinity; and 3. The granting of the deviation would not be contrary to the general objective and intent of this chapter, this title, or the comprehensive plan. B. An applicant requesting an administrative deviation under the provisions of this chapter shall submit the following, along with the required filing fee: 1. A letter in memorandum format outlining how the request is consistent with the criteria of this subsection. 2. A site plan that is accurately drawn to an engineered scale of one inch equals 40 feet, one inch equals 20 feet, one inch equals 10 feet that includes the following information: a. Boundaries and dimensions of the site, b. Location of buildings, parking areas and adjacent streets, c. Graphic representations of all existing signs including their size, height and placement on the site, d. Graphic representation of the proposed sign(s) subject to the request, e. Building elevation showing the placement of the sign on that elevation, if applicable. C. The action of the planning and development director rejecting, approving or modifying any decision or application is a final administrative decision subject to appeal to the city's hearing examiner. Appeals of administrative decisions with regard to this chapter shall be processed consistent with ACC 18.70.050. D. The planning and development director shall render a written decision on the requested deviation request within seven business days of submittal of all required elements and filing fee. E. Requests that exceed the 50 percent deviation or those not related to allowable sign height or sign area shall be processed as a variance in accordance with ACC 18.70.010. F. The planning and development director may allow for the repair or replacement of nonconforming signs that have a significant historical or cultural element or are integral components of a building roof or facade that has a significant historical or cultural element to which the sign is a contributing component. (Ord. 6287 § 2, 2010; Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987.) 18.56.070 Liability. This chapter shall not be constituted to relieve from or lessen the responsibility of any person owning, building, altering, constructing, removing or moving any sign in the city for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the city, or any agent thereof, be held as assuming such liability by reason of permit or inspection authorized herein or a certificate of inspection issued Ordinance No. 6406 March 21, 2012 Page 24 of 26 DI.C Page 50 of 57 by the city or any of its agents. (Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987. Formerly 18.56.110.) 18.56.080 Conflicts repealed. All sections or parts of sections of the municipal code, all ordinances and all resolutions or parts of resolutions, in conflict herewith, be and the same, are repealed to the extent of such conflict. (Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987. Formerly 18.56.120.) Section 2. REVERSION OF PRIOR SIGN CODE. That effective on April 22, 2013, Chapter 18.56 of the Auburn City Code, shall revert to the language of the City of Auburn Sign Code as adopted in Ordinance No. 5993 on February 6, 2006, as amended by Ordinance No. 6403, adopted on February 21, 2012, or as otherwise provided by City Ordinance. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. 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. Ordinance No. 6406 March 21, 2012 Page 25 of 26 DI.C Page 51 of 57 Section 5. 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, and as provided herein. ATTEST: INTRODUCED: r1PR 16 2012 PASSED: APR 162jfl APPROVED: PETER B. L IS, MAYOR Dan %Ile E. Daskam, City Clerk APPROVED AS TO FORM: Dail B. Heid, City ' orn: Published: Ordinance No. 6406 March 21, 2012 Page 26 of 26 DI.C Page 52 of 57 AGENDA BILL APPROVAL FORM Agenda Subject: Director's Report Date: January 9, 2013 Department: Planning and Development Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: For information only. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff:Snyder Meeting Date:January 14, 2013 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 53 of 57 AGENDA BILL APPROVAL FORM Agenda Subject: PCDC Matrix Date: January 8, 2013 Department: Planning and Development Attachments: PCDC Matrix Budget Impact: $0 Administrative Recommendation: For discussion only, see attachment. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff:Snyder Meeting Date:January 14, 2013 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 54 of 57 PC D C W o r k P l a n M a t r i x – J a n u a r y 1 4 , 2 0 1 3 Pl e a s e N o t e : N e w a d d i t i o n s u n d e r l i n e d , d e l e t i o n s r e mo v e d , r e t r e a t i t e m s a r e h i g h l i g h t e d . Ja n u a r y 1 4 , 2 0 1 3 LA N D U S E C O D E S / P O L I C I E S To p i c / I s s u e Ne x t o n P C D St a f f / C o u n c i l Le a d Co m m e n t s 1 • M u c k l e s h o o t T r i b e TB D S n y d e r St a f f t o s t a y i n t o u c h w i t h P l a n n i n g D e p t . a n d k e e p coordination & co m m u n i c a t i o n o p e n w i t h T r i b e . T h e C i t y m e t w i t h t he Muckleshoot Tribe Ma r c h 2 6 , 2 0 1 2 . 2 Co d e U p d a t e W o r k • Ph a s e I I C o d e U p d a t e s – Gr o u p 2 De c e m b e r 1 0 W a g n e r Ph a s e I I , G r o u p 2 C o d e U p d a t e s we r e p r e s e n t e d t o Planning Commission for di s c u s s i o n a n d p u b l i c h e a r i n g on 10 / 0 2 / 1 2 an d a p p r o v e d b y C i t y C o u n c i l o n 11 / 5 / 1 2 . He a r i n g E x a mi n e r C o d e C h a n g e s we n t t o P l a n n i n g C o m m i s s i o n p u b l i c he a r i n g o n 1 1 / 7 / 1 2 an d P u b l i c W o r k s C o m m i t t e e o n 1 2 / 3 / 1 2 . • C l u s t e r S u b d i v i s i o n 20 1 3 Sn y d e r S t a f f t o p r e p a r e d r a f t r e g u l a t i o n s f o r t h e P la n n i n g C o m m i s s i o n t o r e v i e w . • C o t t a g e H o u s i n g 20 1 3 Sn y d e r S t a f f t o p r e p a r e d r a f t r e g u l a t i o n s f o r t h e P la n n i n g C o m m i s s i o n t o r e v i e w . • C e l l T o w e r s TB D Ch a m b e r l a i n Re v i e w e d b y P C D C o n 9 / 1 0 / 1 2 a n d c o d e d i s c u s s e d a t P lanning Commission on 10 / 2 / 1 2 . S t a f f t o r e t u r n t o P l a n n i n g C o m m i s s i o n w i th more information to di s c u s s o n c e l l t o w e r p r o p o s e d c o d e c h a n g e s . • E n v i r o n m e n t a l P a r k D i s t r i c t 20 1 3 Sn y d e r C o d e c o n c e p t s a n d i d e a s t o b e d e v e l o p e d b a s e d on Council retreat direction. • A g r i t o u r i s m TB D Ch a m b e r l a i n St a f f t o b r i n g b a c k o n c e t h e P l a n n i n g C o m m i s s i o n h a s reviewed and made their re c o m m e n d a t i o n . 3 Ur b a n C e n t e r • H e a l t h c a r e D i s t r i c t O v e r l a y 20 1 3 Ch a m b e r l a i n S t a f f t o d e v e l o p w o r k p l a n . • T A D A TB D C h a m b e r l a i n A f u t u r e u p d a t e f r o m T h e A u b u r n D o w n t o w n A s s o c i a t i o n will be scheduled at a la t e r t i m e . • A m t r a k On - g o i n g Ma y o r L e w i s / Sn y d e r Ci t y t r a c k i n g p o t e n t i a l s t a t i o n s t o p s e x p a n s i o n s t u dy by Amtrak. DI.E Page 55 of 57 Ja n u a r y 1 4 , 2 0 1 3 Page 2 To p i c / I s s u e Ne x t o n P C D St a f f / C o u n c i l Le a d Co m m e n t s • D o w n t o w n P a r k i n g Ma n a g e m e n t P l a n Ea r l y 20 1 3 Sn y d e r / Ch a m b e r l a i n Pa r k i n g i n v e n t o r y c o m p l e t e , p u b l i c s u r v e y c o m p l e t e d and data compilation be i n g c o n d u c t e d . S t a f f r e v i e w e d t h e d r a f t T a b l e o f Contents with Committee on 10 / 0 8 / 1 2 . 4 H i s t o r i c P r e s e r v a t i o n S t r a t e g i e s 20 1 3 Sn y d e r / Ch a m b e r l a i n St a f f w i l l f o r m u l a t e a s t r a t e g y a c t i o n p l a n a n d b r i ng back to Committee. 5 St r a t e g y A r e a s f o r Po p u l a t i o n / B u s i n e s s / E m p l o y m e n t 20 1 3 Sn y d e r / Ch a m b e r l a i n Co d e c o n c e p t s a n d i d e a s t o b e d e v e l o p e d b a s e d o n C o uncil retreat direction. EN V I R O N M E N T A L 6 A u b u r n E n v i r o n m e n t a l P a r k A s N e e d e d Sn y d e r / An d e r s e n St a f f i s c o o r d i n a t i n g w i t h W S D O T o n P h a s e I I a c q u i s ition opportunities. PA R K S , A R T S & R E C R E A T I O N 9 L e a H i l l / G r e e n R i v e r C C P a r k T B D F a b e r Un d e r C o n s t r u c t i o n . G e n e r a l C o n s t r u c t i o n a n t i c i p a t ed to be completed in De c e m b e r w i t h C i t y I m p r o v e m e n t s s c h e d u l e d t h r o u g h M ay. Park to open in Ju n e o f 2 0 1 3 . CO M M U N I T Y S E R V I C E S D I V I S I O N 10 B u i l d i n g C o m m u n i t y TB D Hu r s h PC D C r e q u e s t e d u p d a t e a t a f u t u r e m e e t i n g ; b r i e f i n g to be scheduled. 11 H u m a n S e r v i c e s C e n t e r O n g o i n g H u r s h U p d a t e s p r o v id e d a s n e e d e d o r r e q u e s t e d . 12 Un i f y c o m m u n i t i e s t h r o u g h ce n t r a l i z e d c o m m u n i c a t i o n a n d ou t r e a c h TB D H u r s h C o m m u n i t y S e r v i c e s t o g i v e a n n u a l u p d a t e s . BO A R D S , C O M M I S S I O N S & H E A R I N G E X A M I N E R 13 A r t s C o m m i s s i o n F a l l 2 0 1 3 F a b e r J o i n t m e e t i n g h e ld o n 1 1 / 2 6 / 1 2 w i t h P C D C . 14 H u m a n S e r v i c e s C o m m i t t e e F a l l 2 0 1 3 H u r s h J o i n t m ee t i n g h e l d 9 / 2 4 / 1 2 . 15 H e a r i n g E x a m i n e r F a l l 2 0 1 3 D i x o n He a r i n g E x a m i n e r a t t e n d e d 1 1 / 2 6 / 1 2 m e e t i n g f o r a n n u al briefing with the Co m m i t t e e . DI.E Page 56 of 57 Ja n u a r y 1 4 , 2 0 1 3 Page 3 To p i c / I s s u e Ne x t o n P C D St a f f / C o u n c i l Le a d Co m m e n t s 16 P a r k s & R e c r e a t i o n B o a r d S u m m e r 2 0 1 3 F a b e r A n n u a l u p d a t e o c c u r r e d 6 / 1 1 / 1 2 w i t h P C D C . 17 P l a n n i n g C o m m i s s i o n F e b r u a r y 2 0 1 3 Sn y d e r / Ch a m b e r l a i n Jo i n t m e e t i n g h e l d J u l y 2 3 , 2 0 1 2 . C o m m i t t e e w i l l h old a joint meeting every six mo n t h s w i t h P l a n n i n g C o m m i s s i o n . 18 T r a n s p o r t a t i o n , T r a n s i t , a n d T r a i l s S p r i n g 2 0 1 3 Th o r d a r s o n A n n u a l u p d a t e o c c u r r e d 5 / 2 3 / 1 2 w i t h P C D C . 19 U r b a n T r e e B o a r d F a l l 2 0 1 3 F a b e r A n n u a l u p d a t e o cc u r r e d 1 0 / 2 2 / 1 2 w i t h P C D C . CA P I T A L F A C I L I T I E S P L A N N I N G ( L o n g R a n g e P l a n n i n g ) 20 Tr a n s p o r t a t i o n P l a n n i n g Sc o p e : L o n g - t e r m p l a n n i n g f o r th e i n t e r r e l a t i o n s h i p b e t w e e n la n d u s e a n d t r a n s p o r t a t i o n in f r a s t r u c t u r e On - g o i n g P a r a Co m p r e h e n s i v e T r a n s p o r t a t i o n U p d a t e a d o p t e d b y C i t y Council in 2009. Up d a t e d a n n u a l l y a s n e e d e d a s p a r t o f c o m p r e h e n s i v e plan update process. 21 Tr a n s p o r t a t i o n I m p r o v e m e n t Pr o g r a m ( T I P ) Sc o p e : 6 - y e a r t r a n s p o r t a t i o n im p r o v e m e n t p r o g r a m t h a t i s up d a t e d a n n u a l l y i d e n t i f y i n g tr a n s p o r t a t i o n r e l a t e d c a p i t a l pr o j e c t s 20 1 3 Pa r a Re v i e w o f t h e 2 0 1 3 - 2 0 1 8 T r a n s p o r t a t i o n I m p r o v e m e n t Program (TIP) has been co m p l e t e d b y t h e P C D C . C i t y C o u n c i l t o o k a c t i o n o n the 2013-2018 Tr a n s p o r t a t i o n I m p r o v e m e n t P r o g r a m ( T I P ) a t t h e 9 / 1 7/12 City Council meeting. 22 Ca p i t a l I m p r o v e m e n t P l a n s ( C I P ) Sc o p e : 6 - y e a r c a p i t a l im p r o v e m e n t f i n a n c i a l p l a n n i n g fo r s e w e r , w a t e r , s t o r m w a t e r an d s t r e e t s . De c e m b e r 1 0 TB D Fi n a n c e Up d a t e d a n n u a l l y a s n e e d e d a s p a r t o f c o m p r e h e n s i v e plan update process. Pu b l i c h e a r i n g s be f o r e th e P l a n n i n g C o m m i s s i o n o n O c t o b e r 1 6th, November 7th , 2 0 1 2 . PC D C r e v i e w 1 2 / 1 0 / 1 2 . A n n u a l C a p i t a l I m p r o v e m e n t P l a n a p p r o v e d by C i t y C o u n c i l o n 1 2 / 1 7 / 1 2 . OT H E R 23 E c o n o m i c D e v e l o p m e n t U p d a t e s A s N e e d e d M a y o r F u t ur e b r i e f i n g s t o b e p r o v i d e d a s n e e d e d . DI.E Page 57 of 57