The URL can be used to link to this page

Home My WebLink About6477 ORDINANCE NO. 6 4 7 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 5.22.020, 5.22.040, 18 04 330 18 04 340, 18 04 350, 18 04 360, 18 04 794, 18 07 020 AND 18 31 130 OF THE CITY CODE, CREATING NEW SECTIONS 18 04.249 AND, 18 04 677, OF THE CITY CODE, REPEALING SECTION 18 04 180 OF THE CITY CODE, AND AMENDING THE CITY OF AUBURN FEE SCHEDULE, RELATED TO RENTAL HOUSING WHEREAS, the City of Auburn has seen an increase in rental housing particularly in residential neighborhoods adjacent to Green River Community College and through citizen comment determined the City's rental housing program needed to be amended, and WHEREAS, there is currently an inconsistency between the definitions within Chapter 18 04 of the Auburn City Code, and WHEREAS, in order to clarify the definitions and address the inconsistency between the terms as they are currently written in the City Code, it is appropriate to amend, delete, and create new definitions and establish criteria for rental housing within single family residential neighborhoods, and WHEREAS, in order to address issues raised related to rental housing primarily in single family residential neighborhoods, it is appropriate to amend the City's rental housing business license program, and WHEREAS, following proper public notice, the Planning Commission considered the proposed code amendments at a public hearing on August 20, 2013, and --------------------------------- Ordinance No. 6477 August 28, 2013 Page 1 of 12 WHEREAS, the Planning and Community Development Committee reviewed the Planning Commission's recommendation at their August 26, 2013 meeting, and WHEREAS, the environmental review on the proposal has been completed in accordance with the requirements of the State Environmental Policy Act (SEPA) with a final Determination of Non-significance (DNS) issued August 5, 2013, and WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code amendments were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required with expedited review requested and acknowledgment received on August 26, 2013; and WHEREAS, no comments regarding the proposed zoning code amendments have been received from the Department of Commerce or other state agencies; and WHEREAS, the Auburn City Council finds that the proposed amendments provide clarification to the subdivision title and comply with recent changes to state law NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows. Section 1. Amendment to City Code. That Section 5.22.020 of the Auburn City Code be and the same hereby is amended to read as follows. 5.22.020 Business license - Fee. Each rental housing business operating in the city, as defined herein, shall obtain and maintain in good standing a "rental housing business license" issued by the city in accordance with the procedures of this chapter and this title. A. The fee for a rental housing business license shall be as set forth in the city of Auburn fee schedule B The business license fee shall be for the fiscal-calendar year (duly is January 1st through December 315), and each applicant for the business license must pay the full business license fee for the current calendar fiscal year or portion thereof during which the applicant has engaged in business, regardless of when during the calendar fiscal year the license is obtained Ordinance No. 6477 August 28, 2013 Page 2 of 12 C The rental housing business license fee required by this chapter is in lieu of, and not in addition to, the general business license fee required by Chapters 5.05 and 5.10 ACC, provided, however, that any person required to obtain a rental housing business license must also obtain a general business license, at no cost, pursuant to Chapters 5 05 and 5 10 ACC. (Ord 5882 § 1, 2005, Ord. 5651 § 1, 2002.) Section 2. Amendment to City Code. That Section 5.22.040 of the Auburn City Code be and the same hereby is amended to read as follows. 5.22.040 Rental housing business license criteria. A. Managers and operators of rental housing businesses shall comply with the criteria established in this section and chapter in order to maintain their rental housing business license in good standing as required by ACC 5.22.020. The city shall identify and communicate with the managers and operators of rental housing businesses, as it deems appropriate, regarding the criteria established in this chapter. The city shall establish forums for information sharing and enforcement review, as it deems appropriate, in order to encourage voluntary compliance with these criteria prior to mandatory enforcement. Rental housing business owners or their non-owner managers shall comply as necessary with the following specific criteria as well as all other requirements of this chapter in order to maintain their business license in good standing: 1 Attendance and participation in crime-free housing training programs when such are offered by the Auburn police department or other city department and the license holder is given written notice to attend. Attendance and participation may be required by the city whenever a residential unit is the location for any criminal or nuisance activity which results in an arrest for criminal activity or the issuance of an infraction citation in the case of a nuisance, whether or not the arrestee or cited person is a tenant; 2. Mutually derived crime prevention strategies as established and agreed to by and between the city and the rental housing owner and/or manager; 3 City directed crime prevention strategies. If the implementation of criteria in subsections (A)(1) and (2) of this section is unsuccessful in eliminating recurring criminal or nuisance activity the city will notify the rental housing business owner or manager in writing of the requirement to comply with a particular city directed crime prevention strategy The city may implement a city directed crime prevention strategy whenever a residential unit is the location for any criminal or nuisance activity which results in an arrest or issuance of a citation whether or not the person arrested or cited is a tenant. Strategies will be reasonably tailored to the particular location and situation and will be consistent with strategies implemented by other municipalities in similar situations, 4 Upon written request, the rental housing owner or manager shall allow inspection of rental housing residential units consistent with their ability to do so under the requirements of the landlord-tenant statutes of the state of Washington and the Auburn City Code. The city may, with the legally obtained consent of an occupant or --------------------------------- Ordinance No. 6477 August 28, 2013 Page 3 of 12 owner, or pursuant to a lawfully issued warrant, enter any building, structure or premises in the city to inspect or perform any duty imposed by this code, 5 In the event that recurring criminal or nuisance activity continues at any particular location which is subject to the licensing requirements of this chapter and the imposition of criteria in subsections (A)(1) through (4) of this section has failed to eliminate the recurring criminal or nuisance activity at the location, the rental housing owner may hire security officers selected by the manager-operator Voluntary implementation of manager-operator selected security shall stay revocation of the business license so long as the security is effective in eliminating the recurring criminal and/or nuisance activity at said licensed location, 6 In the event that criminal or nuisance activity continues to occur at any particular location which is subject to the licensing requirements of this chapter and the imposition of criteria in subsections (A)(1) through (4) of this section and implementation of criteria in subsection (A)(5) of this section has failed to eliminate recurring criminal or nuisance activity at the particular location the rental housing owner may request or agree to city directed off-duty police security Voluntary implementation of city directed off-duty police security shall stay revocation of the business license so long as the security is effective in eliminating ongoing criminal and/or nuisance activity at the particular licensed location, 7 In the event that the rental housing business owner does not comply with criteria in subsections (A)(1) through (6) of this section, the city may revoke the rental housing business owner's license Business license revocation shall be the ultimate resort for enforcement purposes. Business license revocation shall occur as otherwise set out in this chapter B The criteria listed above shall be implemented in a priority beginning with criteria in subsection (A)(1) of this section and ending with criteria in subsection (A)(7) of this section. It is envisioned that most problems can be resolved by participation in crime-free housing training and implementation of its recommended practices Failure to participate in strategies in subsections (A)(1) through (6) of this section may subject the licensed/registered party to revocation. Any expense incurred in connection with subsections (A)(2) through (5) of this section will be borne by the licensed/registered party It is further provided that the "inspection of the residential units of rental housing units," subsection (A)(4) of this section, includes inspection of residential units in the complex for any applicable health, building, fire, housing or life-safety code violations, or other serious violations. C. The following requirements are established for communal residences as defined in Title 18. 1. The owner/landlord must provide the following information and any additional information on the rental business license application form at the time of submittal: a. Total number of bedrooms in the rental unit b. Total number of occupants --------------------------------- Ordinance No. 6477 August 28, 2013 Page 4 of 12 2. The owner/landlord must provide updated information for each of the items outlined in ACC 5 22 040(C)(1) each year with their rental business license renewal. 3. The owner/landlord must sign a statement that confirms their understanding and acceptance of the conditions and obligations incurred as a landlord. At a minimum the statement will. a. Outline the landlord's responsibilities for providing a safe living environment for their tenants. b. That structural additions and modifications are to be properly permitted and inspected. C. That garbage and recycling will be properly managed d. That adequate off-street parking will be provided for all tenants meeting the requirements of ACC 18.31.130. e. That noise and other public nuisances see Title 8 ACC will be monitored and controlled. f. That annual inspections are required in order to obtain a rental housing business license. g. That anyone under the age of 18 is subject to the curfew regulations in ACC 9.10. 4. If the owner/landlord is in violation of the requirements for a communal residence then the code enforcement actions outlined in Chapter 1.25 will be taken. (Ord. 5882 § 1, 2005; Ord 5651 § 1, 2002.) Section 3. Amendment to City Code. That section 18 04 330 of the Auburn City Code be and the same hereby is amended to read as follows. 18.04.330 Dwelling. Dwelling" means a building designed exclusively for residential purposes for occupancy by a person,-�ar family, or unrelated group with one or more rooms for living and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, including single-family, two-family —and multiple-family dwellings and townhouse dwellings but not including hotels or motel units without kitchens. (Ord 6245 § 3, 2009; Ord. 4229 § 2, 1987 ) Section 4. Amendment to City Code. That section 18 04 340 of the Auburn City Code be and the same hereby is amended to read as follows. 18.04.340 Dwellings, types of. Types of dwellings" means. A. Dwelling, Single-Family "Single-family dwelling" means a detached building designed exclusively for occupancy by one family or communal residence and containing one dwelling unit that is permanently attached to the ground A manufactured home may be considered a single-family dwelling if sited per ACC 18 31 050 --------------------------------- Ordinance No. 6477 August 28, 2013 Page 5 of 12 B Dwelling, Two-Family (Duplex) "Two-family dwelling" or "duplex" means a building designed exclusively for occupancy by two families or communal residence living independently of each other, and containing two dwelling units. C Dwelling, Multiple-Family "Multiple-family dwelling" means a building designed for occupancy by three or more families or communal residence living independently of each other, and containing three or more dwelling units. D Dwelling, Townhouse. "Townhouse dwelling" means a building designed exclusively for occupancy by one family or communal residence, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to one or more other dwelling units by common walls (Ord 6245 § 3, 2009; Ord 6162 § 1, 2008; Ord 4229 § 2, 1987 ) Section 5. Amendment to City Code. That section 18 04.350 of the Auburn City Code be and the same hereby is amended to read as follows: 18.04.350 Dwelling unit. "Dwelling unit' means one or more rooms designed for or occupied by one family or communal residence for living or sleeping purposes and containing kitchen facilities feF use solely by-Gne-faR* All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. An efficiency apartment, also known as a studio apartment, constitutes a dwelling unit within the meaning of this title (Ord. 6245 § 3, 2009; Ord 4229 § 2, 1987 ) Section 6. Amendment to City Code. That section 18.04 360 of the Auburn City Code be and the same hereby is amended to read as follows. 18.04.360 Family. "Family" means a person living alone, two or more persons related by blood or marriage, or any other analogous family union recognized under Federal and/or State statute, a gFOLIP of eight OF fewer residents who are Rat Felated by blood fasilifies, as distinguished from a group occupying a hotel, club, ledgfnglieuse or communal residence. For the purposes of this definition, minors living with a parent shall not be counted as part of the maximum number of residents. The purpose of defining family is to assist in the regulation of occupancy standards within dwelling units and to define different types of structures it is not intended to interfere with the civil rights of individuals who establish relationships under the terms of state and federal laws. (Ord 6245 § 3, 2009; Ord. 4229 § 2, 1987 ) Section 7. Amendment to City Code. That section 18 04 794 of the Auburn City Code be and the same hereby is amended to read as follows: --------------------------------- Ordinance No 6477 August 28, 2013 Page 6 of 12 18.04.794 Renting of rooms. "Renting of rooms" means the provision of rooms for lodging purposes to not more than two persons in addition to the owner occupied unit and/or family who lives in the residence (Ord. 6245 § 3, 2009 ) Section 8. Amendment to City Code. That section 18 07 020 of the Auburn City Code be and the same hereby is amended to read as follows. 18.07.020 Uses. Table 18.07.020 Permitted Use Table—Residential Zoning Designations P= Permitted A= Administrative C = Conditional Use X= Not Permitted Land Uses Zoning Designations R- R- R- R. R- R- R- C 1 5 7 10 16 20 A Residential Uses. Accessory dwelling units P P P P X, X, X, Accessory use, residential P P P P P P P Adult family home P P P P P P P Bed and breakfast P P P P P P P Board Rghouses (with thrpe or more hARrdPr64 X X X X G G G Communal residence 4 or less unrelated individuals P P P P P P P Communal residence more than 4 unrelated individuals C C C C C C C Duplexes, provided, that minimum lot size of zoning designation is met and subject to compliance with Chapter 18 25 ACC (Infill Residential Development X X A P P P X Standards) Foster care homes P P P P P P P Group residence facilities (7 or more residents) X X X X C C C Group residence facilities (6 or fewer residents) P P P P P P P Keeping household pets' PI P' P' P' P' P� P' Multiple-family dwellings X X X X A P P Neighborhood recreational buildings and facilities owned and managed by the As As As As As P P neighborhood homeowners' association Ordinance No. 6477 August 28, 2013 Page 7 of 12 Renting of rooms, for lodging purposes only, to accommodate not more than two P P P P P P P persons in addition to the rmmedrate-family or owner occupied unit Residential care facilities including but not limited to assisted living facilities, p P X X A P P convalescent homes, continuing care retirement facilities Single-family detached dwellings, new P P P P P P X Supportive housing, subject to the provisions of ACC 18.31 160 X X X X X I P P Swimming pools, tennis courts and similar outdoor recreation uses only accessory P P P P P P P to residential or park uses Townhouses (attached) X X X X P P P B. Commercial Uses. Commercial horse riding and bridle trails A X X X X X X Commercial retail, included as part of mixed-use development and not a home X X X X A A A occupation in compliance with Chapter 18.60 ACC Daycare, limited to a mini daycare center Daycare center, preschool or nursery X A A A A A A school may also be permitted but must be located on an arterial Home-based daycare as regulated by RCW 35 63.185 and through receipt of P P P P P P P approved city business license Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P Mixed-use development' X X X X P P P Nursing homes X X X fA C C C Private country clubs and golf courses, excluding driving ranges X X C C X X Privately owned and operated parks and playgrounds and not homeowners' X A A A P P association-owned recreational area Professional offices, included as part of mixed-use development and not a home X X X X A A A occupation in compliance with Chapter 18 60 ACC C Resource Uses. Agricultural enterprise:' When 50 percent, or more, of the total site area is dedicated to active agricultural production during the growing season, and with 52 or less special events per A' X X X X X X calendar year When less than 50 percent of the total site area is dedicated to active agricultural production during the growing season, or with more than 52 special events per C' X X X X X X calendar year Agricultural type uses are permitted provided they are incidental and secondary to the single-family use: --------------------------------- Ordinance No. 6477 August 28, 2013 Page 8 of 12 Agricultural crops and open field growing (commercial) P X X X X X X Barns, silos and related structures P X X X X X X Commercial greenhouses P X X X X X X Pasturing and grazing° P X X X X X X Public and private stables' P X X X X X X Roadside stands, for the sale of agricultural products raised on the premises. The stand cannot exceed 300 square feet in area and must meet the applicable P X X X X X X setback requirements Fish hatcheries C X X X X X X D Government, Institutional, and Utility Uses. Civic, social and fraternal clubs X X X X A A A Government facilities A A A A A A A Hospitals (except animal hospitals) X X X X X C C Municipal parks and playgrounds A P P P P P P Museums X X X X A A A Religious institutions, less than one acre lot size A A A A A A A Religious institutions, one acre or larger lot size C C C C C C C Transmitting towers C C C C C C C Type 1-D Wireless Communication Facility (see ACC 18 04.912(J)) P P P P P P P Utility facilities and substations C' C' C' C' C' 1 An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC 18.31 120. 2. Please see the supplemental development standards for animals in ACC 18.31 210. 3. Individual uses that make up a mixed-use development must be permitted within the zone. If a use making up part of a mixed-use development requires an administrative or conditional use permit, the individual use must apply for and receive the administrative or conditional use approval, as applicable. 4. Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is regulated by the King or Pierce County board of health, and property owners shall comply with the provisions of the King County board of health code. 5. Excludes all public and private utility facilities addressed under ACC 18.02.040(E). 6.Administrative use permit not required when approved as part of a subdivision or binding site plan 7 Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210, Agricultural enterprises development standards (Ord. 6369§2, 2011, Ord. 6363§ 3, 2011, Ord 6269§3, 2009, Ord 6245§ 5, 2009.) Section 9. Amendment to City Code. That Section 18 31.130 of the Auburn City Code be and the same hereby is amended to read as follows: --------------------------------- Ordinance No. 6477 August 28, 2013 Page 9 of 12 18.31.130 ReseFvedCommunal residence. A. Parking Requirements 1. There must be one off-street parking stall per renter. A landlord may reduce the off-street parking requirement if an affidavit is signed that a tenant does not own a vehicle. B. Solid Waste Management Requirements 1. ACC Section 8.08 070 requires all occupied units to have minimum garbage service The landlord is required to provide tenants with adequate garbage and recycle receptacles meeting the minimum garage service level 2. The landlord is responsible to provide each tenant with the solid waste collection schedule and that schedule is to be posted within the unit. C. An annual building inspection is required for a communal residence as part of the required rental housing business license. D. International Property Maintenance Code occupancy requirements are applicable to a communal residence regardless of the number of individuals living in the residence. E. Amortization Schedule 1 Existing communal residences have until December 31 2013 to become compliant with the regulations outlined in this Title and Title 5 as it pertains to communal residences. F. The following criteria are required to be met for any communal residence over 4 unrelated individuals in addition to the required criteria for a conditional use permit under ACC 18.64.040. As stated in ACC 18.07.020, a conditional use permit is required. 1. Adequate living space based on the International Property Maintenance Code standards will be taken into account when a request for more than 4 unrelated individuals is requested. 2. A designated property manager that is available 24 hours a day, 7 days a week is required. 3. The request for more than 4 unrelated individuals will not adversely impact the surrounding community. 4 The applicant must show how noise will be mitigated. ReseFved(Ord 6245 § 15, 2009 ) Section 10. Creation of New Section of City Code. That a new section 18 04.249 of the Auburn City Code be and the same hereby is created to read as follows. 18.04.249 Communal residence. A dwelling, without an owner occupant, that is rented to a group of unrelated individuals Section 11. Creation of New Section of City Code. That a new section 18 04 677 of the Auburn City Code be and the same hereby is created to read as follows Ordinance No. 6477 August 28, 2013 Page 10 of 12 18.04.677 Owner occupied unit. A dwelling unit in which the owner resides on a regular, permanent basis. Section 12. Repeal of City Code Section. That section 18 04 180, definition of boardinghouse, of the Auburn City Code is repealed Section 13. Amendment to City Fee Schedule. The City of Auburn Fee Schedule shall be amended as follows. 6. RENTAL HOUSING BUSINESS LICENSE FEES (Per Resolution No. 4601, Ordinance No 5882, Resolution No 4272 and Resolution No. 4424) (1) The fee for a license to operate rental housing businesses in the City, as defined in Chapter 5.22 of the Auburn City Code (ACC) shall be based on the total number of units as follows (a) One to four dwelling units: $53.00 per year; (b) Five to 24 dwelling units $106.00 per year; (c) Twenty-five or more dwelling units. $212.00 per year (d) Communal residence: $150.00 per year (2) The fee for a license to operate rental housing businesses in the city shall be for the license year from January 1 to December 31, and each applicant must pay the full fee for the current license year or any portion thereof during which the applicant has engaged in the operation of rental housing businesses. (3) The rental housing business license fee required by this chapter is in lieu of, and not in addition to, the general business license fee required by Chapters 5 05 and 5 10 of the Auburn City Code (ACC), provided, however, that any person required to obtain a rental housing business license must also obtain a general business license, at no cost, pursuant to Chapters 5 05 and 5 10 of the Auburn City Code (ACC) (4) Notwithstanding the provisions of sub-section (1) of this section, the fee for operating rental housing facilities for any single individual, partnership, corporation or entity shall not exceed $424 00 per license period For the 2010 calendar year only, rental housing business license renewals shall be valid for the period July 1, 2010 to December 31, 2010 subject to the payment of one-half of the specified fee For the 2011 calendar year and subsequent calendar years, rental housing business license renewals shall be for the period January 1 through December 31. Section 14. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this Ordinance No. 6477 August 28, 2013 Page 11 of 12 legislation. Furthermore, the City Clerk is authorized to insert the amended fee set forth in Section 13 hereof into the City of Auburn Fee Schedule without any further action by the City Council. Section 15. Severability. The provisions of this ordinance are declared to be separate and severable The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 16. 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 INTRODUCED- SEP 3 2013 PASSED SEP - 3 2013 APPROVED SEP - 3 2013 OF AUBURN ETER B L ATTEST. Danielle E. Daskam, City Clerk 4Heia,—City O FORM:APP niel 13 A Published ` ,C ate w.y'\ 'Zi , QLo\-s Ordinance No. 6477 August 28, 2013 Page 12 of 12