HomeMy WebLinkAbout06-08-2021 PLANNING COMMISSION AGENDA PACKETPlanning Commission Meeting
J une 8, 2021 - 7:00 P M
A GE NDA
I .Virtual Participation
A .Virtual Participation I nfo
The Auburn City Planning Commission Meeting scheduled for J une 8, 2021, at
7:00p.m. will be held virtually and telephonically. To attend the meeting virtually please
click the below link, enter the meeting I D into the Zoom app, or call into the meeting at
the phone number listed below.
P er Governor I nslee's Emergency P roclamation 20-05 and 20-28 et. seq. and S tay
S afe-Stay Healthy, the City of Auburn is holding public meetings virtually at this time.
City of A uburn Resolution No. 5581, designates City of Auburn meeting locations for
all Regular, Special and S tudy S ession Meetings of the City Council and of the
Committees, B oards and Commissions of the City as Virtual L ocations.
J oin Z oom Meeting
https://zoom.us/j/2829476321
Meeting I D: 282 947 6321
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(253) 215-8782
I I .C AL L T O O RD E R
B .RO L L C AL L/E S TAB L I S HM E NT O F Q UO RUM
C.P L E D G E O F AL L E G I ANC E
I I I .AP P RO VAL O F M INUT E S
A .May 18, 2021 Draft Minutes from the Regular P lanning Commission Meeting
I V.P UB L I C HE ARI NG S
V.O T HE R B US I NE S S
A .P ortable S ign Code Text Amendment
A mend Title 18 (Z oning Code) and Downtown Urban Center Design (D UC) Standards
related to portable signs (City File No.: Z O A 20-0003).
B .Continued Discussion of Planning Commission Rules of P rocedure
Page 1 of 40
B ring back for the Commission's consideration and action, the changes discussed at
the F ebruary and May meetings.
V I .C O M M UNIT Y D E V E L O P M E NT RE P O RT
Update on Community Development Services activities.
V I I .AD J O URNM E NT
The City of Auburn Planning Commission is a seven member advisory body that provides
recommendations to the Auburn City Council on the preparation of and amendments to land
use plans and related codes such as zoning. Planning Commissioners are appointed by the
Mayor and confirmed by the City Council.
Actions taken by the Planning Commission, other than approvals or amendments to the
Planning Commission Rules of Procedure, are not final decisions; they are in the form of
recommendations to the city council which must ultimately make the final decision.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
May 18, 2021 Draft Minutes from the Regular Planning
Commission Meeting
Date:
May 25, 2021
Department:
Community Development
Attachments:
May 18, 2021 Regluar Planning Commis s ion
Meeting Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Dixon
Meeting Date:June 8, 2021 Item Number:
Page 4 of 40
PLANNING COMMISSION
May 18, 2021
Draft MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:00 p.m. via Zoom due to Governor
Inslee’s Healthy Washington – Roadmap to Recovery initiative and the Governor’s
Emergency Proclamation 20-28 due to the Covid-19 Pandemic which establishes the
official meeting place, as virtual.
a.) ROLL CALL/ESTABLISHMENT OF QUORUM
Commissioners present: Chair Roland, Vice-Chair Lee, Commissioner Stephens,
Commissioner Moutzouris, Commissioner Khanal, and Commissioner Mason
Staff present: Planning Services Manager Jeff Dixon; Doug Ruth, Assistant City
Attorney; and Administrative Assistant Jennifer Oliver.
Members of the public present: Tyler Bump, EcoNorthwest; Andres Arjona,
EcoNorthwest.
b.) PLEDGE OF ALLEGIANCE
II. APPROVAL OF MINUTES
A. February 2, 2021 – Regular Meeting Minutes
Commissioner Khanal moved, and Commissioner Moutzouris seconded to approve
the minutes from the February 2, 2021 meeting as written.
MOTION CARRIED UNANIMOUSLY. 5-0
Commissioner Mason did not vote as she was excused from the February 2, 2021
Meeting.
III. PUBLIC HEARING
There was no public hearing scheduled for this meeting.
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PLANNING COMMISSION MEETING MINUTES May 18, 2021
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IV. OTHER BUSINESS
A. Presentation by City Consultant EcoNorthwest on proposed
development of an Auburn Housing Action Plan (HAP) and
recommendations and strategies contained in the public draft.
Tyler Bump from EcoNorthwest gave the Planning Commission a PowerPoint presentation on the updates to the Auburn Housing Action Plan. Mr. Bump briefed the Commission on what he covered at the last meeting. He described the project overview and steps within the project. There are four major components for the Housing Action Plan (HAP): Public Engagement; which consists of Community Vision, solicit ideas from the community and assess changes; Existing Conditions; which include data analysis, employment trends, population growth, and policy evaluation; Recommended Actions are Public Input, Staff input, development analysis and prioritization. The adoption process for the HAP would be passed onto City Council in the coming months.
Mr. Bump mentioned again to the Commission that EcoNorthwest is building off the South King County Subregional Housing Action Plan Framework document which consists of: Public Engagement; Assess housing needs in 2040; Evaluate demographic & employment trends; Develop new strategies: Preserve existing housing, increase housing production; increase housing choice; Evaluate neighborhood context for housing type allowances; Create the Housing Action Plan (HAP).
EcoNorthwest discussed the Existing Conditions and Housing Needs Assessment, South King County Subregional Income Distribution, Housing Affordability Cost Burdening, Displacement Vulnerability in Auburn, and Auburn’s Housing Production Trends.
Mr. Bump referring to a figure in the Powerpoint went over the 2040 Housing Need that touched on the future housing needs through 2040 and Auburn’s Future Housing Needs by Income Level.
EcoNorthwest described the recent public engagement activities that have been
conducted and the key results. The engagement methods included commenting via the
City’s Website, 13 interviews with individuals, 2 focus/small groups, 2 community
forums, and targeted stakeholder presentations; one being completed recently to the
Master Builders Association of King and Snohomish Counties.
Mr. Bump went over four key categories of recommendations. He explained that
integrated into these recommendations are 3 core inputs: 1) Public engagement, 2)
findings from data analysis and existing conditions, and 3) feasibility/sensitively testing--
meaning that inputs are varied to evaluate the resultant financial feasibility based on the
input.
• Encourage Market Rate Development Downtown.
o Reduce parking requirements to 0.8 spaces per dwelling unit.
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PLANNING COMMISSION MEETING MINUTES May 18, 2021
Page 3
o Offer a density bonus to support density and mixed income (3.5 to
4.3:1 Floor Area Ratio (FAR))
o Promote lot aggregation.
Support shared and pooled parking between developments
and uses and expand city code ACC I8.52.050(A) (2) and
provisions in Table ACC I8.52.030
o Explore fee waivers for targeted development types.
Evaluate partial fee waivers, up to 80%, that does not require
local funding to backfill the exempted portion of the fee
consistent with recently adopted RCW 82.020.060(3)
• Encourage Affordable Housing Downtown
o Create Policies to Lower the Cost of Affordable Housing Development
Consider expedited permitting for affordable housing and
mixed in-come housing.
Consider reduced permitting costs specific to non-profit
affordable housing developers.
Continue to support South King County Housing and
Homeless Partnership’s (SKHHP’s) housing capital fund
through SHB1406 funds.
o Consider a Voluntary Inclusionary Housing Program Paired with a
Development Bonus or Financial Incentive (Multifamily Tax Exemption
program) MFTE))
Evaluate a 20% set-aside at 80% Median Family Income
(MFI)for a 12-year duration with a 12-year MFTE program.
Inclusionary requirements without financial incentives are not
feasible.
o Reduce Parking Requirements for Micro Housing Units
Micro units can be affordable to single person households at
60% MFI and below with no public subsidy.
Auburn could reduce parking requirements in exchange for
affordability requirements.
Might need to monitor and regulate parking impacts.
• Encourage Middle Housing Options in the R-5 and R-7 Zones
o Allow duplexes and triplexes in these zones.
o Increase density and reduce minimum lot size per unit (18 dwelling
units per acre).
o Revise rear yard setbacks to provide greater flexibility in siting
triplexes (reduce to 10 feet).
o Reduce parking requirements.
o Consider minimum site size requirements relative to homeownership
goals (2,500 sf per lot).
• Development Feasibility of Middle Housing
Mr. Bump shared an example chart of development feasibility analysis of
duplexes and triplexes. Mr. Bump explained that what they found is that it
would be difficult for a builder to come in and redevelop an existing single-
family developed site for a duplex or a triplex. But if the City did allow it on
vacant sites, it is likely that you would see the new and different housing
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PLANNING COMMISSION MEETING MINUTES May 18, 2021
Page 4
types being built. It is much more likely to occur on vacant sites and less likely
to occur on existing developed sites with existing units.
The last category presented was Anti-Displacement and Affordable Housing
Preservation. Most of these recommendations are targeted towards coordination
and collaboration with regional agencies such as SKHHP.
• Monitor and track unregulated affordable housing.
o Coordinate with SKHHP on regional efforts.
o Potential to build off existing rental licensing program.
• Preserve “naturally occurring” affordable housing.
o Coordinate with SKHHP and other regional agencies
o Continue to build relationships with multifamily property owners and
building managers.
• Monitor and track regulated affordable housing.
o Coordinate with SKHHP and other regional agencies
• Identify opportunities to increase homeownership.
Mr. Bump concluded his presentation with discussion of the implementation process.
• Recommendations are of three types:
o Zoning Code and/or comp. plan update and code amendments
o New programs/initiatives
o Increased partnership and collaboration
• Implementation will require further collaborations and engagement with City
agencies and community stakeholders.
• City Staff will need to assess levels of effort, priority, and resources to
develop a work program plan and schedule.
• EcoNorthwest indicated that they reviewed the existing City Comprehensive
Plan polices and EcoNorthwest stated that the Comp. Plan supports these
recommendations for the Housing Action Plan. Only minor wording
refinements are suggested.
The Commission inquired what the next steps are being asked of the Planning Commission for
the Housing Action Plan. They asked if staff would be taking the data and coming up with
specific recommendations to bring back to the Commission for action.
Planning Services Manager, Jeff Dixon explained that the Housing Action Plan includes a
number of actions that the City can choose from to increase the supply of market and affordable
housing in the city. These recommendations fall into 3 basic categories as Mr. Bump has
mentioned. The three types include: 1) Policy changes such as changes to the Comprehensive
Plan and code changes, 2) new programs and initiatives, and 3) and additional partnerships the
City can work on, such as the SKHHP participation that is underway currently. There is a lot of
moving parts to the HAP and at the moment the City is collecting public comment through June
1 primarily through the city website and some of the comments received could require further
refinement of the HAP. The comments will also help with establish prioritization and also
considering Council input on prioritization, and then city staff will develop a work program based
upon which of these goals best align with the city’s objectives and the timing of implementation.
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PLANNING COMMISSION MEETING MINUTES May 18, 2021
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It will be a collaborative process in the future to figure out how to move forward between staff,
Planning Commission, and City Council.
The Planning Commission members voiced concerns over the reduced parking
recommendations. The Commission commented that the downtown area struggles now with
available parking. They asked if any studies or research has been done/looked at for the people
you expect that would live in these units downtown and how many vehicles they have on
average. Additional cars could cause excess parking on City streets causing an even greater
parking concern. The Commission continued to comment that if affordable housing is the goal
and folks that move into these homes are on a fixed income, if they have another vehicle but
their complex doesn’t accommodate extra parking, they are forced into a situation where they
may have to pay for parking, which seems to go against the idea of affordable housing. Mr.
Bump stated the concerns are very valid Mr. Bump stated it is something that does need to be
talked about and addressed. . How EcoNorthwest came up with the parking reduction is by
looking at what is called a 5 over 2 development or a 7-story “podium type” development, which
is allowed and encouraged in the downtown urban center. He explained that parking reductions
affect the amount of floors that are devoted for parking and the cost of those floors, and how to
essentially build only one floor of parking and make that as efficient as possible to have that
parking serve a greater number of dwelling units above it. Mr. Bump continued that adding more
spaces can make it a heavy cost issue. The recommendation is coming from an efficiency of
development standpoint.
The Commission expressed concern over the predicted amount of building and people coming
into Auburn by 2040. With the number of people leaving downtown Seattle and people moving
into the south sound, will the business is Auburn get support in the long term and can Auburn
handle the growth. Planning Services Manager Jeff Dixon commented that the Growth
Management Act has requirements that we do regional coordination and county coordination. All
of those things influence the population allocations that go on. The state and Puget Sound
Regional Council (PSRC) allocate state population increase estimates on a county-wide basis.
City has a population allocation that is given to us on a countywide basis and the cities work
cooperatively to establish how each can grow within the allocated population. As Mr. Bump
mentioned, it’s not necessarily that you can pick and choose the amount of people you want.
The increase is based on population increase from the existing population that is already here,
and from migration from people that are moving here from other parts of the country, as well.
The growth and development is a hard thing to transition away from, but what we are trying to
do is concentrate that growth and development in places where there are existing services and
infrastructure to support it and avoid encouraging that kind of population increase and
development, in natural areas and in the rural areas that we enjoy on the weekends and places
we can get away to when we want to escape the more concentrated developments that occur in
City centers. Mr. Dixon went on to explain that this is a challenging time to balance all of these
factors. That is why it is important to get the community input and is why the Planning
Commission exists. Mr. Dixon stated that the same types of comments and concerns the
Commission is expressing, are reflected in the comments coming from people on the Housing
Action Plan. The City and Staff try to take into consideration the quality of development that
Auburn wants to see, and with quality housing style that will last for many years. The number of
projects going on downtown will increase the nearby population and this will likely encourage
more business opportunities as well. With the increase in the population downtown, its hopeful
that more business will be encouraged to open up here.
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PLANNING COMMISSION MEETING MINUTES May 18, 2021
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Commission Khanal commented that the recommendations of duplexes and triplexes were a
great idea for more affordable housing. It is likely to be desirable. The Commission inquired if
the pricing used in the presentation was updated to today’s market price. Mr. Bump stated that
the pricing is what is achievable in the market today. It is current. The pricing comes from two
things to make duplexes and triplexes less expensive: One being cost of the land is spread over
more then just one unit. Two: duplexes and triplexes, while they are still family sized, they are
generally smaller rooms than a detached single-family residence which in turn makes them less
expensive. The Planning Commission also asked if the Housing Action Plan concept was to
open/change the zoning to allow duplex and triplex homes to be built on vacant land. Mr. Bump
stated that there are different ways to implement the change in zoning. You could have it be
more geographically targeted through a base zone like an R-16 or more appropriately, an R- 18,
for example. Or it could be more broadly allowed by changing the set of uses allowed in the R-5
and R-7 residential districts or city wide. It depends on where the community wants to see those
housing types. Mr. Bump mentioned that there is a case to be made for allowing
Triplex/Duplexes in places where you would also allow single family development because the
same occupants/tenants in general want the same amenities as someone purchasing a single
family: they want parks, neighborhood schools, and a lot of the similar attributes because Triplex
and Duplex homeowners are similar to single family homeowners.
The Commissioners asked what happens now and where is the City in the process for the
Housing Action Plan. Mr. Dixon explained that the City is in the Public Comment opportunity
until June 1. At the conclusion of the public comment period, staff will synthesize those
comments into the final document that will be presented to the City Council for adoption. Our
contract does require that the City Council ratify that document. This does not mean they have
to do everything that is listed in the HAP , but it does set some expectations that the City is
going to do some things to promote additional housing supply. Chair Roland asked how the
general public knows to go to the City website to make comments. Planning Services Manager,
Jeff Dixon stated that the city has made every attempt to provide notification. The city has used
social media networks to put it out on Next Door, on Facebook, on Instagram. The City has held
stakeholder interviews, and other outreach methods, as well as being discussed on the city
website and city forums, such as at the Homelessness Open House the Mayor held, last
Thursday. City Staff has been getting the word out for a long time even before the public draft of
the plan was available for the public to view.
The Commission asked if Tiny Houses would be an option. Mr. Dixon stated that while the
building code allows, the zoning code is not suited for a Tiny Home Village as you may have
seen in Seattle or in the City of Orting and the City of Olympia. The Mayor and Kent Hayes, City
of Auburn Homeless Manager, expressed they are not in favor of tiny homes or tiny homes
villages to house homeless since it is in highly visible places that separate them from the
community.
B. Continued Discussion of Planning Commission Rules of Procedure
Prior to the Commission’s February 2, 2021 meeting, the Community
Development (Planning Services) and Legal Dept. staff reviewed the latest
adopted Rules of Procedure document and recommended a minor change. The
amendment shown in strike-through (deletions), and underline (additions) was
distributed in advance of the meeting.
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PLANNING COMMISSION MEETING MINUTES May 18, 2021
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A. The first recommended revision which was discussed at the PC
February 2, 2021 meeting, is to section XIII and permits the
Commission to suspend rules of procedure. The recommendation is in
response to the changes in how meetings are conducted during the
pandemic and is intended to give the Commission more flexibility is its
procedures. The revision allows Commissioners by a two-thirds vote
to suspend a rule of procedure. This authority does not apply to rules
required by statute and is also limited by Roberts Rules of Procedure.
Those rules restrict the Commission from suspending the following
types of rules:
“Rules which embody fundamental principles of parliamentary law
or require a ballot vote and rules protecting a basic right of the
individual cannot be suspended. Thus, the rules cannot be
suspended to allow non-members to vote; to authorize absentee or
cumulative voting; to waive the requirement of a quorum; to
suspend a rule pertaining to something outside a meeting; or to
take away a particular member's right to attend meetings, make
motions, speak in debate, and vote.”
B. Second Rules of Procedure Update: Also at the meeting, Chair
Roland brought to Senior Assistant City Attorney Doug Ruth’s attention
that there was an inconsistency in the Rules. The inconsistency is
whether the Chair’s silence on a vote is recorded in the affirmative or
negative. Mr. Ruth reminded the Commission that last year, the Rules
were amended to make a silent vote, a negative vote for all
Commissioners. This was based upon the idea if you did not hear a
vote, the Commission should not be adopting or changing something in
a policy or decision based on silence. The conservative approach
would be to consider it a “no vote”.
The change that was made last year is shown on Page 8 of the Rules of
Procedure, under Section X, “Public Hearings” and subsection 10, “Voting”, and
subsection B. that states:
“B. Any member, including the Chair, not voting or not voting in an audible
voice shall be recorded as voting in the negative”.
This conflicts with the pre-existing language in preceding Section IV, “Chair”,
Subsection 1, which as the last sentence reads:
“Unless stated otherwise, the Chair’s vote shall be considered to be
affirmative for the motion.”
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PLANNING COMMISSION MEETING MINUTES May 18, 2021
Page 8
Staff suggests a provision in section IV.1 regarding the chair’s vote be
eliminated. This deletion is recommended to make section IV.1 consistent with
changes in section X.10. Last year, the Commission revised section X.10 to
change the presumption that a commissioner’s silence during voting would be
considered an affirmative vote. Section X.10 was changed to regard a
commissioner’s silence as a negative vote. Currently, section IV.1 reads that the
Chair’s vote shall be considered an affirmative vote unless stated otherwise.
This is inconsistent with the prior revision.
C. Third Rules of Procedure Update: Discussion of this inconsistency,
raised the possibility that a commissioner may intend to give a verbal
vote but due to the practice of conducting meetings virtually the
commissioner’s vote may not be heard. The Commission asked
Senior Assistant City Attorney Ruth to update the rules to reflect the
circumstances of virtual meetings and to address the possible
technical difficulties such as a microphone failure. A revision to section
X.10 addresses this possibility by permitting votes by electronic
communication such as virtual hand raising or a chat message.
Transmitted is a version of the rules with the changes described above. If the
Planning Commission has additional changes, these can be discussed, captured
by staff, and then these changes can be presented in writing and provided at the
next regular meeting. The amendments must be provided at a meeting prior to
action (voting) as provided in Section XIII, “Amendment”, which says:
“The Rules of Procedure may be amended at any regular meeting of the
Commission by a majority vote of the entire membership. The proposed
amendment should be presented in writing at a preceding regular
meeting.”
The Rules of Procedure document distributed with the Commission’s packet did not
have the redlines or strike throughs for the Planning Commission to view. Administrative
Assistant Jennifer Oliver emailed the revised copy with the redlines and strike throughs
to the Commission during the meeting.
The Commission had no comments on the changes. It is anticipated the Commission will
review the changes and vote on the 3 changes at the next Planning Commission
Meeting on June 8, 2021.
V. COMMUNITY DEVELOPMENT REPORT
Planning Services Manager, Jeff Dixon updated the Commission on The Auburn
Apartments which is now called The Verge. It is located two blocks south of City Hall and
has occupants moving in now.
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PLANNING COMMISSION MEETING MINUTES May 18, 2021
Page 9
The Legacy Plaza development (senior housing) which is located just south of City Hall
is coming along nicely. The first two floors of concrete are installed.
The Commission asked if there were any businesses that were showing interest in
moving in. Mr. Dixon stated that those two buildings will each have commercial space
on the ground floor. It is premature to know of any tenants. However, one of the
advantages of the two new buildings is they will have been built with heating and
ventilation systems that could support restaurants tentants on the ground floor. By
comparison, the Trek Building does not have the hood and ventilation system to support
a restaurant tenant.
In response to advancement in stages of the pandemic, City staff is on track to return to
the office July 6, 2021. Any updates on that will be shared to the Commission at the next
meeting.
Doug Lein from Economic Development has retired. The Economic Development
Department will now be part of Community Development Department and over seen by
Community Development Director, Jeff Tate.
The Planning Services Department is also in the process of hiring a new Long Range
Senior Planner.
The Planning Commission asked what was happening on Main Street where the former
Heritage Building once was. Mr. Dixon said the last news he heard was the property
owner was conducting value engineering to help lower the costs of construction. But Mr.
Dixon verified that the owner is still planning on building at that location.
The Commission asked why the MultiCare Urgent Care closed that was on Cross Street.
At this time, City staff was unsure as to why it closed and has not seen any permits
come through for a revised location.
The Planning Commission inquired about the funding that was provided by the last
government stimulant package to the City of Auburn and how was that money being
used. Planning Services Manager, Jeff Dixon stated that he had discussed with Director
of Community Development Jeff Tate that possible ways were being discussed on how
to spend and what programs that funds could support. Mr. Dixon was not sure on how
the money will be spent but would look into and let the Commission know.
The next Planning Commission meeting will be held on June 8, 2021. Agenda topics for
discussion will be the approval of Rules of Procedure updates and downtown portable
sign regulations such as businesses A-Board type signs placed on sidewalks. The City
want to institute a program that allow portable signs but in a more controlled manner.
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:46 p.m.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Portable Sign Code Text Amendment
Date:
May 25, 2021
Department:
Community Development
Attachments:
Planning Commission Memo - Sign Code
Portable Sign Standards Text Amendments
DUC Portable Sign Design Standards Text
Amendments
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Dixon
Meeting Date:June 8, 2021 Item Number:
Page 14 of 40
June 2021 1
Memorandum
TO: Judi Roland, Chair, Planning Commission
Roger Lee, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Alexandria D. Teague, Planner II
Thaniel Gouk, Senior Planner
Department of Community Development
DATE: May 5 2021
RE: Amend Title 18 (Zoning Code) and Downtown Urban Center Design (DUC) Standards
related to portable signs (City File No.: ZOA20-0003)
I. BACKGROUND & PURPOSE:
Revisions are proposed for Chapters 18.29, “DUC Downtown Urban Center District” Auburn
City Code (ACC) and Chapter 18.56, “Signs” ACC of Title 18 (the Zoning Code), and the “Sign
Design” portion of the Downtown Urban Center Design Standards.
Chapter 18.29 “DUC Downtown Urban Center” ACC
Section ACC 18.29.060(I)(4)
Section ACC 18.29.060 contains the standards for portable signs in the DUC zoning district. The
purpose of this code revision is to foster consistency in the use of portable signs in the DUC
zoning district. Previously the City allowed temporary signs, including portable signs,
throughout the City (not just within the DUC zoning district). The temporary sign provisions
contained in Chapter 18.56 ACC “Signs” sunsetted in 2016. Prior to the sunsetting of the code
the City had a no fee sign permit for temporary signs. The purpose of the no fee sign permit
was to ensure their compliance with City code. After the temporary sign provisions of Chapter
18.56 ACC sunsetted, the no fee sign permit for temporary signs ended as well. Portable signs,
however, are still allowed in the DUC zoning district because Chapter 18.29 ACC “DUC
Downtown Urban Center”, still contains provisions for portable signs. Since 2016 there has
been a proliferation in noncompliant portable signs – noncompliant in the number, placement,
and size of signs. The changes proposed in the section are intended to: 1) clarify the number
of signs allowed, 2) to define where and how a sign can be placed, 3)what materials are allowed,
and 4) provide the maximum size of portable signs.
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PORTABLE SIGN CODE TEXT AMENDMENT - CITY FILE NO. ZOA20-0003
June 2021 2
Chapter 18.56 “Signs” ACC
Section ACC 18.56.030(I)(2)
The purpose of amending Section ACC 18.56.030 is to clarify that portable signs are not
prohibited in the DUC zoning district. While this is already understood in implementation of the
code, it needs to be explicitly stated in code.
DUC Design Standards
Sign Design
The purpose of amending the DUC Design Standards is to create a new set of design standards
related to portable signs. Notably, portable signs are the only types of signs allowed in the DUC
that do not have design standards. The proposed design standards are intended ensure that
portable signs are well made, durable, stylish, and contribute to the overall character of the
downtown.
II. STAFF PROPOSED UPDATES:
The text amendment is shown by strikeout/underline and is attached to this memo as Exhibit
A and B.
III. STAFF REQUEST:
If the Planning Commission believes that the changes are ready to proceed, Staff will move
forward with noticing for and scheduling a public hearing.
IV. EXHIBIT(S):
A – Portable Sign Standards Text Amendment
B – DUC Portable Sign Design Standards Text Amendment
Page 16 of 40
Portable Sign Code Text Amendment - City File No. ZOA20-0003 Page 1 of 4
Chapter 18.29
DUC DOWNTOWN URBAN CENTER DISTRICT
18.29.060 Development standards.
I. Signs. The design of all signs shall be in conformance with the design standards referenced in ACC
18.29.070. Allowable types, numbers and sizes of signs shall be as follows:
1. Freestanding: not allowed, except for monument signs as described within the “Downtown
Auburn Design Standards”; no more than one per street frontage; maximum size: 64 square feet,
calculated at a rate of one square foot of sign area per lineal foot of site frontage; minimum
entitlement shall be 32 square feet; maximum height: five feet.
2. Wall signs: maximum area of 150 square feet per building facade, calculated at a rate of one
square foot of sign area for every lineal foot of facade; minimum entitlement shall be 16 square
feet.
3. Suspended signs attached under a marquee or canopy: one double-faced sign, no greater than
three square feet per face allowed for each building entrance; minimum clearance above grade:
eight feet.
4. Portable Signs. One pPortable signs may be allowed for each business entrance, not to exceed
one portable sign per building frontagebusiness, subject to the following:
a. Signs Mmay be placed within the public right-of-way, within 12 feet of a business entrance,
subject to the guidelines provided by the director in consultation with the city engineer such
that sign placement does not interfere with pedestrian or vehicular traffic, does not create a
sight hazard, and conforms to the requirements of the Americans with Disabilities Act.
Additional portable signage may be authorized in order to support downtown events that are
permitted or sanctioned by the City.
b. The sign shall be in accordance with the provisions of ACC 18.56.030(L).
bc. The sign area cMay not Cannot exceed 36 42 inches in height and , 320 inches in width,
and be limited to two faces.
d. Portable signs are not permitted to be affixed to City infrastructure located within the right-
of-way (e.g. street lights, fire hydrants, public art). This includes a prohibition of chaining or
otherwise securing portable signs to such infrastructure.
Page 17 of 40
Portable Sign Code Text Amendment - City File No. ZOA20-0003 Page 2 of 4
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.
ce. Signs mMay only be displayed during business hours and shall not be displayed when the
business is closed.
f. No landscaping may be covered, cut, damaged, or modified to accommodate a portable sign.
The City may require replacement of any damaged landscaping pursuant to Chapter 18.50 ACC.
g. All portable signs shall have the permit number affixed to the back of the sign.
Page 18 of 40
Portable Sign Code Text Amendment - City File No. ZOA20-0003 Page 3 of 4
Chapter 18.56
SIGNS
18.56.030 General provisions, all districts.
I. 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) and, 18.56.040(E) (C-2
Zoning District) , and ACC 18.29.060(I) (DUC);
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;
Page 19 of 40
Portable Sign Code Text Amendment - City File No. ZOA20-0003 Page 4 of 4
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.
Page 20 of 40
Downtown Urba n Center
City of Auburn Design Standards
ADOPTED 2/12/07;
AMENDED 4/14/08, 06/9/08, 06/16/09, 05/24/10,
2/21/17, 2/21/17;
REVISION EFFECTIVE 03/01/2017
City of Auburn Downtown Standards
Downtown Urban Center Zone
March 1, 2017
1
Page 21 of 40
TABLE OF CONTENTS
I. Definitions/Architectural Terms
II. Guidelines Applicable to All Development
Site Design Parking Lots and Garages
--Screening and Landscaping
--Pedestrian Connections
--Width / Spacing of Driveways
Shielded Lighting
Screening Service Areas
Public Plazas
Building
Design Entrances
Ground Level Details
Base / Middle / Top
Upper Level Setbacks
Treating Blank Walls
Use of Neon
Parking Structures
Screening Rooftop Equipment
Energy Efficiency
Sign Design Integration with Architecture
Creativity
Landmark Signs
Ground Signs
III. Guidelines Applicable to Pedestrian Streets
Site Design Limitation on Driveways
Location of Parking
Location of Drive-Through Lanes
Building
Design Land Use Mix
Proximity to Sidewalk
Ground Level Transparency
Weather Protection
Sign Design Pedestrian Orientation
City of Auburn Downtown Standards
Downtown Urban Center Zone
March 1, 2017
2
Page 22 of 40
facilities are not damaged by other activity on the roof.
C. The applicant shall install an outdoor speaker system and AM receiver, to receive the City’s Main
Street radio signal, on any new commercial structure within the Downtown Urban Center zone. The
property owner and/or building owner shall be responsible for the outdoor speaker system and any
repairs or maintenance.
D. Utility equipment such as power and gas meters shall be painted to match the structure.
E. Private utility cabinets (e.g. Comcast, PSE) shall be screened with landscaping where feasible.
1. LANDMARK SIGNS
Intent: preserve the unique character of the downtown
A. Retain existing historic signs (as determined by the City) that
feature the character of the area, wherever possible.
2. INTEGRATION WITH ARCHITECTURE
Intent: ensure that signage is a part of the overall design of a project and not additive or
an afterthought
A. The design plans for buildings and sites shall identify locations and
sizes for future signs. As tenants install signs, such signs shall be in
conformance with an overall sign program that allows for advertising
which fits with the architectural character, proportions, and details of
the development. The sign program shall indicate location, size, and
general design.
B. New signs shall not project above the roof, parapet or exterior wall
unless part of an integral architectural feature. Signs mounted on a
roof are not allowed.
City of Auburn Downtown Standards
Downtown Urban Center Zone
March 1, 2017
12
Page 23 of 40
3. CREATIVITY
Intent: encourage interesting, creative and unique approaches to the design of signage
A. Signs should be highly graphic in form, expressive and
individualized. Signs should convey the product or service offered
by the business in a bold, graphic form
B. If a projecting sign is designed by a graphic design
professional and includes a non-verbal, three-dimensional symbol
that succinctly conveys the nature of the business and constitutes
a dominant proportion of the overall design, the sign may be
allowed to exceed the maximum area otherwise allowed by 50%.
4. GROUND SIGNS
Intent: ensure that signs are not principally
oriented to automobile traffic
A. All freestanding signs shall be ground (monument) signs no
higher than five (5) feet. Pole signs are prohibited.
B. The area around the base of any ground sign shall be
planted with shrubs and seasonal flowers.
C. Backlit signs are permitted if the sign meets all other
standards for signage in this document and Chapter 18.29.
D. Internally-lit signs are p permitted when located
adjacent and oriented to Auburn Way North/Auburn
Way South street frontages and only with electronic
message center signs in accordance with Auburn
City Code Chapter 18.56 Signs. If an internally lit
sign is utilized, the sign shall also conform to all
other applicable standards for changing message
center signs as described in this same chapter.
E. Boxed cabinet signs are prohibited in the Downtown
Urban Center zone.
F. Outlined cabinet signs are permitted only if the sign
meets all other standards for signage in this
document and Chapter 18.29.
City of Auburn Downtown Standards
Downtown Urban Center Zone
March 1, 2017
13
Page 24 of 40
1. LAND USE
Intent: ensure a rich, uninterrupted mixture of
lively activities aimed at people on foot
A. Along Pedestrian I Streets, ground floor uses that
face the sidewalk shall be retail, restaurant or personal
service uses.
B. Along Pedestrian II Streets, ground floor office and
residential uses are also acceptable when facing the sidewalk.
2. PROXIMITY TO SIDEWALK
Intent: reinforce an active pedestrian experience
along Pedestrian Streets
A. Buildings along Pedestrian Streets shall be set immediately
at the back of the sidewalk, with the exception of providing open
space for public use such as plazas, courtyards and seating areas.
B. Water run-off from canopies/awnings should be controlled by
gutter or other means.
City of Auburn Downtown Standards
Downtown Urban Center Zone
March 1, 2017
15
Page 25 of 40
AGENDA BILL APPROVAL FORM
Agenda Subject:
Continued Discussion of Planning Commission Rules of
Procedure
Date:
May 25, 2021
Department:
Community Development
Attachments:
PC Memo
Planning Commission Revised Docs 2021
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Dixon
Meeting Date:June 8, 2021 Item Number:
Page 26 of 40
MEMORANDUM
TO:Judi Roland, Chair, Planning Commission
Roger Lee, Vice-Chair, Planning Commission
Planning Commission Members
FROM:Jeff Dixon, Planning Services Manager
DATE:May 21, 2021
RE:June 8, 2021 Planning Commission Agenda Item:
Planning Commission Rules of Procedure Review & Action
Modifications to PC Rules of Procedures
The Planning Commission’s (PC) Rules of Procedure were last amended on March 3,
2020. Annually, the Planning Commission reviews the Planning Commission Rules of
Procedure as a content reminder and to consider any modifications.
Staff Recommendation:
Prior to the Commission’s February 2, 2021 meeting, the Community Development
(Planning Services) and Legal Dept. staff reviewed the latest adopted Rules of
Procedure document and recommended a minor change. The amendment shown in
strike-through (deletions), and underline (additions) was distributed in advance of the
meeting.
A.First suggested update: The first recommended revision which was discussed at
the PC February 2, 2021 meeting and May 18, 2021 meeting, is to Section XIII and
permits the Commission to suspend rules of procedure in response to special
circumstances. The recommendation is in response to the changes in how meetings
are conducted during the pandemic and is intended to give the Commission more
flexibility is its procedures. The revision allows Commissioners by a two-thirds vote
to suspend a rule of procedure. This authority does not apply to rules required by
statute and is also limited by Roberts Rules of Order.
B.Second suggested Update: This was discussed at the February 2, 2021 and May
18, 2021 meeting to remedy an inconsistency in the Rules. The inconsistency is
whether the Chair’s silence on a vote is recorded in the affirmative or negative. Mr.
Ruth reminded the Commission that last year, the Rules were amended to make a
silent vote, a negative vote for all Commissioners. This was based upon the idea if
you did not hear a vote, the Commission should not be adopting or changing
Page 27 of 40
something in a policy or decision based on silence. The conservative approach
would be to consider it a “no vote”.
Staff suggests a provision in section IV.1 regarding the chair’s vote be eliminated.
This deletion is recommended to make section IV.1 consistent with changes in
section X.10. Currently, section IV.1 reads that the Chair’s vote shall be considered
an affirmative vote unless stated otherwise. This is inconsistent with the prior
revision.
C.Third Suggested Update: This was discussed at the February 2, 2021 and May
18, 2021 meeting that with conducting meetings virtually, each commissioner’s vote
may not be heard. The Commission requested the rules be updated to reflect the
circumstances of virtual meetings and to address the possible technical difficulties
such as a microphone failure. A revision to Section X.10 addresses this possibility
by permitting votes by electronic communication such as virtual hand raising
(symbol) or a chat message.
Conclusion
Transmitted is a version of the rules with the changes described above. If the Planning
Commission is satisfied, they can vote to approve. If the Planning Commission has
additional changes, these can be discussed, captured by staff, and then these changes
can be presented in writing and provided at the next regular meeting. The amendments
must be provided at a meeting prior to action (voting) as provided in Section XIII,
“Amendment”, which says:
“The Rules of Procedure may be amended at any regular meeting of the
Commission by a majority vote of the entire membership. The proposed
amendment should be presented in writing at a preceding regular meeting.”
Attachment A – Planning Commission Rules of Procedure as last amended March 3, 2020 & with staff
recommended changes shown in strike-through (deletions) & underline (additions).
Page 28 of 40
CITY OF AUBURN
PLANNING COMMISSION
RULES OF PROCEDURE
ADOPTED NOVEMBER, 1983
REVISED NOVEMBER, 1988
UPDATED APRIL, 2000
REVISED FEBRUARY, 2007
REVISED APRIL 2, 2013
REVISED MARCH 8, 2016
REVISED May 2, 2017
REVISED February 6, 2018
REVISED , 2018
REVISED June 5, 2018
REVISED March 5, 2019
REVISED March 3, 2020
REVISED XX, 2021
Page 29 of 40
Page 2
PLANNING COMMISSION - RULES OF PROCEDURE
TABLE OF CONTENTS
SECTION SUBJECT PAGE
I. NAME .............................................................. 4
II. MEETINGS................................................... 4-5
III. ELECTION OF OFFICERS ............................. 5
IV. CHAIR ............................................................. 5
V. SECRETARY .................................................. 6
VI. QUORUM ........................................................ 6
VII. ABSENCE OF MEMBERS .............................. 6
VIII. ACTIONS DEFINED ........................................ 7
IX. AGENDA ...................................................... 7-8
X. PUBLIC HEARING ..................................... 8-10
XI. CONDUCT .................................................... 11
XII. CONFLICT OF INTEREST ....................... 11-13
XIII. AMENDMENT ............................................... 13
Page 30 of 40
Page 3
CITY OF AUBURN PLANNING COMMISSION
RULES OF PROCEDURE
We, the members of the Planning Commission of the City of Auburn, do hereby
adopt, publish, and declare the following Rules of Procedure:
I. NAME:
The official name of the City of Auburn advisory planning agency shall be "The
City of Auburn Planning Commission." The membership and terms of office of
the members of the Planning Commission shall be as provided in Chapter
2.45 of the Auburn City Code (ACC).
II. MEETINGS:
1. All meetings will be held at the Auburn City Hall, Auburn, Washington,
unless otherwise directed by the Secretary or Chair of the Planning
Commission.
2. Regular meetings shall be held on the Tuesday following the first
Monday of each month, and shall be open to the public. The meeting
shall convene at 7:00 P.M. unless otherwise directed by the Secretary
or the Chair.
3. If the first Monday of the month is a legal holiday, the regular meeting
shall be held on the following Wednesday. If a regular meeting day
(Tuesday) falls on a legal holiday or on the November General Election,
the Commission will convene on the following Wednesday.
4. Special meetings of the Planning Commission may be called by the
Chair. Special meetings of the Planning Commission may also be
called by any three members of the Commission. A minimum notice of
24 hours shall be provided for special meetings in accordance with
State law.
5. If no matters over which the Planning Commission has jurisdiction are
pending upon its calendar, a meeting may be canceled at the notice of
the Secretary or Chair provided at least 24 hours in advance.
6. Except as modified by these Rules of Procedure, Robert's Rules of
Order, Newly Revised, most current version, shall govern the conduct
of the meetings.
Deleted: Page Break
¶
C
Page 31 of 40
Page 4
7. Meetings of the Planning Commission shall be conducted in conformity
with the requirements of the Washington State Open Public Meetings
Act, Chapter 42.30 of the Revised Code of Washington (RCW).
Executive sessions can only be held in accordance with the provisions
of Section 42.30.110 RCW.
8. The Planning Commission may conduct business in closed session as
allowed in conformity with Section 42.30.140 RCW.
9. An agenda shall be prepared in advance of every regular and special
meeting of the Planning Commission. Meeting agendas and materials
on items on an agenda for a regular meeting shall be provided to
members of the Planning Commission not less than five (5) days in
advance of the regular meeting. Meeting agendas and materials on
items on an agenda for a special meeting shall be provided to members
of the Planning Commission as promptly in advance of the meeting as
can reasonably be accomplished.
III. ELECTION OF OFFICERS:
1. The officers of the Commission shall consist of a Chair and Vice Chair
elected from the appointed members of the Commission and such other
officers as the Commission may, by the majority vote, approve and
appoint.
2. The election of officers shall take place once each year at the
Commission’s first regular meeting of each calendar year, or as soon
thereafter as possible. The term of office of each officer shall run until
the subsequent election.
3. If the Chair or Vice-Chair vacates their position mid-term, the Planning
Commission will re-elect officers at their next scheduled meeting and as
their first order of business. If it is the Chair position that has been
vacated, the Vice-Chair will administer the election proceedings.
IV. CHAIR:
1. The Chair shall preside over the meetings of the Commission and may
exercise all the powers usually incident of the office. The Chair shall be
considered as a member of the Commission and have the full right to
have his/her own vote recorded in all deliberations of the Commission. Deleted: Unless stated otherwise, the Chair's vote shall
be considered to be affirmative for the motion.
Page 32 of 40
Page 5
2. The Chair shall have power to create temporary committees of one or
more members. Standing committees of the Commission shall be
created at the direction of the Commission and appointed by the Chair.
Standing or temporary committees may be charged with such duties,
examinations, investigations and inquiries relative to one or more
subjects of interest to the Commission. No standing or temporary
committee shall have the power to commit the Commission to the
endorsement of any plan or program without the approval at the regular
or special meeting of the Commission.
3. The Vice Chair shall in the absence of the Chair, perform all the duties
incumbent upon the Chair.
4. In the event of the absence of the Chair and Vice Chair, the senior
member of the Commission present shall act as Chair for that meeting
or may delegate the responsibility to another member.
V. SECRETARY:
The Community Development Director (“Director”), or his/her appointee, shall
act as the Secretary for the Planning Commission and shall keep a record of
all meetings of the Commission and its committees. These records shall be
retained at the Community Development Department.
All public hearings shall be electronically recorded verbatim and may be
transcribed upon request of the Director, City Attorney, the majority of the
Commission, or City Council. Transcriptions may be requested by other
parties, in which case, the costs of transcription shall be borne by the
requesting party.
VI. QUORUM:
A simple majority of the appointed members shall constitute a quorum for the
transaction of business. A simple majority vote of the quorum present shall be
sufficient to take action on the matters before the Commission; provided that if
at any time during the meeting, a quorum is no longer present, the meeting
may only continue for the time and duration necessary to fix a time for
adjournment, adjourn, recess or take measures to obtain a quorum.
VII. ABSENCE OF MEMBERS:
Participation in Planning Commission responsibilities is essential; not only so
that a quorum can be established, but to also ensure that discussions and
decision making are as representative of the community as possible.
Recurring absence also diminishes a member’s ability to vote on matters
discussed during prior meetings. It is therefore important for all appointed
members to participate to the maximum extent possible. If a member is
Page 33 of 40
Page 6
unable to participate on a regular basis, it may be appropriate for a member to
be replaced. This section of the rules is intended to provide standards that
ensure that the regular absence of one member does not become disruptive
to, or impede the work of, the full Commission.
In the event of a member being absent for two (2) consecutive regular
meetings, or being absent from 25% of the regular meetings during any
calendar year, without being excused by the Chair, the Chair may request that
the Mayor ask for his or her resignation. To be excused, members must inform
the planning commission’s secretary in advance if they cannot attend a
scheduled meeting.
VIII. ACTIONS DEFINED:
The rules of the Commission impose different requirements according to the
type of action before the Commission.
1. Legislative actions are those which affect broad classes of people of the
whole City. These actions include adopting, amending, or revising
comprehensive, community, or neighborhood plans, or other land use
planning documents or the adoption of area wide zoning ordinances or
the adoption of a zoning ordinance amendment that is area wide in
significance.
2. Quasi-judicial actions of the Planning Commission are those actions
which determine the legal rights, duties, or privileges of specific parties
in a hearing or other contested case proceeding. Quasi-judicial actions
include actions that would otherwise be administrative or legislative if
applied more widely or city-wide, rather than affecting one or a small
number of persons or properties. Quasi-judicial actions do not include
the legislative actions adopting, amending, or revising comprehensive,
community, or neighborhood plans or other land use planning
documents or the adoption of area-wide zoning ordinances or the
adoption of a zoning amendment that is of general or area-wide
significance.
3. Organizational actions are those actions related to the organization and
operation of the Commission. Such actions include adoption of rules,
directions to staff, approval of reports, election of officers, etc.
IX. AGENDA:
An agenda shall be prepared for each meeting consisting of the following
order of business:
1. CALL TO ORDER
a) Roll Call/Establishment of Quorum
Page 34 of 40
Page 7
b) Pledge of Allegiance
2. Approval of Minutes
3. Public Hearings
4. Other Business Items as Appropriate
5. Community Development Report
6. Adjournment
Additional items may be added to the agenda by the Planning Commission.
The Chair shall have the discretion to amend the order of business.
X. PUBLIC HEARINGS:
The procedure for conducting all public hearings will be as follows:
1. Chair opens the public hearing and establishes whether the proponent,
if applicable, is in attendance.
2. Staff Report.
3. Testimony of Proponent, if applicable. Persons addressing the
Commission, who are not specifically scheduled on the agenda, will be
requested to step up to the podium, give their name and address for the
record, and limit their remarks to three (3) minutes, in addition to filling
out the speaker sign in sheet available at the Secretary’s desk. All
remarks will be addressed to the Commission as a whole. The
Secretary shall serve as timekeeper. The Presiding Officer may make
exceptions to the time restrictions of persons addressing the
Commission when warranted, at the discretion of the Presiding Officer.
4. Chair calls for other testimony, either for or against. Testimony must be
called for three times. The Chair shall have the discretion to set time
limits on individual public testimony.
5. All testimony and comments by persons addressing the Commission
shall be relevant and pertinent to issues before the Commission’s public
hearing. The Chair shall have the discretion to rule on the relevance of
individual public testimony.
6. Questions of staff or persons presenting testimony. Questions by
Planning Commissioners that are intended for persons who have
provided testimony shall be directed through the Chair. Questions to
persons who have provided testimony shall be relevant to the testimony
that was provided.
7. Chair closes public hearing.
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Page 8
8. A public hearing may be reopened by motion duly seconded and
approved by a majority vote to accept additional testimony.
9. Deliberation.
10. Voting:
A. The Chair shall call for a vote.
B. Members shall vote by voice, unless a member is unable to do
so or a member requests a vote by show of hands. If unable to
vote by voice, a member shall make a clear expression of the
member’s vote through raising a hand, sending an electronic
message or electronic signal that can be seen by all other
commissioners simultaneous with the vote, or other similarly
clear and timely action Any member, including the Chair, not
voting or submitting an unclear vote shall be recorded as voting
in the negative.
C. The Chair or a Commission member may request that the
Secretary take a roll call vote or a vote by show of hands. Also,
to ensure an accurate record of voting, the Secretary may take
either on his/her own initiative.
D. A member may abstain from discussion and voting on a question
because of a stated conflict of interest or appearance of fairness.
If any member of the Planning Commission wishes to abstain, or
has disclosed a conflict of interest and must abstain from a vote ,
that member shall so advise the Commission, shall remove and
absent himself/herself from the deliberations, and considerations
of the matter, and shall have no further participation in the
matter. The member should make this determination prior to any
discussion or participation on the subject matter or as soon
thereafter as the member perceives a need to abstain. A
member may confer with the City Attorney to determine if the
member is required to abstain.
If the intended abstention can be anticipated in advance, any
conference with the City Attorney should occur prior to the
meeting at which the subject matter would be coming before the
Planning Commission. If that cannot be done, the member
should advise the Chair that he/she has an "abstention question"
that he/she wants to review with the City Attorney, in which case,
the Chair shall call a brief recess for that purpose before
proceeding further.
Deleted: not voting in an audible voice
Deleted: ¶
Page 36 of 40
Page 9
E. If a tie vote exists, after recording the Chair's vote, the motion
fails. However, a motion for denial that fails on a tie vote shall
not be considered an approval.
F. No member may participate in any decision if the member had
not reviewed the staff reports and testimony presented at the
hearing on the matter. Such member may, however, listen to the
recording of the hearing in order to satisfy this requirement.
11. Continuing an Item:
If the Commission wishes to continue a public hearing item, the Chair
should open the public hearing, solicit testimony, and request a motion
from the Commission to continue the public hearing item to a time,
place, and date certain. If any matter is tabled or postponed without
establishing a date, time, and place certain, the matter shall be
scheduled for a hearing pursuant to Auburn City Code (ACC) Section
18.68.040 before the matter may be considered again.
12. Findings of Fact:
The Commission should adopt findings of fact and conclusions for
actions taken involving public hearing items. The findings and
conclusions may be approved by any one of the following methods:
A. The Commission may adopt in whole, in part, or with
amendments, the written findings prepared by staff. Motions to
approve the staff recommendations shall be deemed to
incorporate such findings and conclusions unless otherwise
indicated. Such findings and conclusions do not have to be read
in order to be deemed a part of the record.
B. The motion to take action may adopt oral finding of fact
statements made by Commission members or staff during the
hearing or deliberation.
C. The motion to take an action may direct that additional written
findings and conclusions be developed based on the hearing and
deliberation of the Commission.
D. Findings and conclusions may be approved or amended at any
time by the Planning Commission, but all such actions shall be
based on the record of the matter at hand.
13. Order of Hearings:
Page 37 of 40
Page 10
Normally the order of hearings shall be as published in the agenda.
However, the Chair in order to avoid unnecessary inconvenience to
people wishing to testify, or the late arrival of a proponent, may change
the order as may be necessary to facilitate the meeting. If the
proponent does not appear at the public hearing, the Planning
Commission may continue the public hearing until the next meeting in
order to ensure adequate consideration of the proposal. However, in
such case the Chair shall take whatever testimony that may be given
before accepting a motion to continue pursuant to Section (8).
XI. CONDUCT:
1. These rules are intended to promote an orderly system of holding public
meetings and public hearings.
2. Any person who causes a disruption by making personal, impertinent or
slanderous remarks or noises, by using speech intended to incite fear
of violence, by failing to comply with the allotted time established for the
individual speaker’s public comment, by yelling or screaming in a
manner that prevents the Commission from conducting the meeting, or
by other disruptive conduct while addressing the Commission at a
public hearing may be barred from further participation by the Presiding
Officer, unless permission to continue is granted by a majority vote of
the Commission.
3. No comments shall be made from any other location other than the
podium, lectern or table set up for people to address the Commission at
a public hearing, unless approved in advance by the Chair, and anyone
making irrelevant, distracting, or offensive comments or noises that are
disruptive may be subject to removal from the meeting.
4. Demonstrations, disruptive applause, other disruptive behavior, or
audience interruption during anyone’s presentation are prohibited. It is
distracting to the Commission, the audience, and persons testifying.
XII. CONFLICT OF INTEREST:
1. Any member of the Commission who in his or her opinion has an
interest in any matter before the Commission that would tend to
prejudice his or her actions shall publicly indicate, step down and leave
the meeting room until the matter is disposed. A member need only be
excused from legislative or organizational action if the potential conflict
of interest is direct and substantial.
A. No member of the Planning Commission may use his or her
position to secure special privileges or exemptions for himself,
herself, or others.
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Page 11
B. No member of the Planning Commission may, directly or
indirectly, give or receive or agree to receive any compensation,
gift, reward, or gratuity from a source except the employing
municipality, for a matter connected with or related to the
officer's services as such an officer unless otherwise provided for
by law.
C. No member of the Planning Commission may accept
employment or engage in business or professional activity that
the officer might reasonably expect would require or induce him
or her by reason of his or her official position to disclose
confidential information acquired by reason of his or her official
position.
D. No member of the Planning Commission may disclose
confidential information gained by reason of the officer's position,
nor may the officer otherwise use such information for his or her
personal gain or benefit.
E. No member of the Planning Commission may take any action
that is prohibited by Chapter 42.23 RCW or any other statutes
identifying conflicts of interest.
2. Appearance of Fairness:
Commission members shall strive to follow, in good faith, the
Appearance of Fairness Doctrine as established under Washington
State Law as it applies to quasi-judicial decisions (RCW 42.36) even for
legislative actions before the Commission. The doctrine includes but is
not limited to the following:
A. Members shall avoid communicating in respect to any proposal
with any interested parties, other than staff, outside of public
hearings. Written communication from an interested party to a
member may be permitted provided that such communication is
made part of the record.
B. Members shall avoid drawing conclusions regarding decisions
until after the public hearing is closed.
C. Members shall avoid participating in decisions which affect their
or any family member's property, personal or business interest,
or organization.
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D. Members shall avoid participating in decisions in which a
preconceived bias or conclusion has been formed in the mind of
the member prior to the hearing.
E. If any concern relating to Items A through D- should arise, the
affected member shall declare at the start of the public hearing
on the matter, the extent of such concern and whether the
member's decision has been influenced. If the member has
been influenced, or if the extent of the concern is significant, the
member shall be excused by the Chair from the meeting room
and his vote recorded as an abstention.
If, under these rules, a quorum would be excused from the meeting, the
Chair in order to establish a quorum, shall under the rule of necessity,
permit sufficient members (beginning with those who are least affected
by these rules) to participate in the decision.
These rules are intended to be consistent with RCW 42.36. In the case
of any conflict, RCW 42.36 or applicable case law shall govern.
XIII. AMENDMENT:
The Rules of Procedure may be amended at any regular meeting of the
Commission by a majority vote of the entire membership. The proposed
amendment should be presented in writing at a preceding regular meeting. By
a two-thirds affirmative vote of the quorum present at a meeting, the
Commission may suspend the rules as authorized by Robert’s Rules of Order,
except when such suspension would conflict with state law or city ordinance.
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