HomeMy WebLinkAbout09-12-2022 City Council Study SessionCity Council Study Session PWCD SFA
September 12, 2022 - 5:30 PM
City Hall Council Chambers
AGENDA
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I.CALL TO ORDER
II.PUBLIC PARTICIPATION
A.Public Participation
The Auburn City Council Study Session Meeting scheduled for Monday, September
12, 2022 at 5:30 p.m. will be held in person and virtually.
Virtual Participation Link:
To view the meeting virtually please click the below link, or call into the meeting at the
phone number listed below. The link to the Virtual Meeting is:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Zoom, please call the below number or click the
link:
Telephone: 253 215 8782
Toll Free: 877 853 5257
Zoom: https://us06web.zoom.us/j/89600853593
B.Roll Call
III.AGENDA ITEMS FOR COUNCIL DISCUSSION
A.Q2 2022 Financial Update (Thomas) (20 Minutes)
Financial Report through June 2022
B.Resolution No. 5679 (Council) (15 Minutes)
A Resolution of the City Council of the City of Auburn affirming its support of
comprehensive reproductive healthcare, including abortion, and marriage equality; and
its support of protections through Washington State and Federal Legislative action
C.Resolution No. 5682 (Backus/Comeau/Tate) (15 Minutes)
A Resolution authorizing the Mayor to sign a Memorandum of Understanding (MOU)
and related documents to enable the City to receive an allocated share of funds from
the Washington Distributor Settlement
Page 1 of 167
IV.PUBLIC WORKS AND COMMUNITY DEVELOPMENT DISCUSSION ITEMS
A.Capital Projects Status Report and Feature Project (Gaub) (15 Minutes)
B.Ordinance No. 6884 (Tate) (15 Minutes)
An Ordinance relating to the regulation of fences and retaining walls, and amending
sections 18.04.370, 18.04.372, 18.04.374, 18.31.020, and creating sections
18.04.371, 18.04.373, 18.04.376, 18.31.025 of the Auburn City Code
C.Ordinance No. 6885 (Tate) (15 Minutes)
An Ordinance relating to the Elimination of the Environmental Park Zone and Business
Park District by amending Chapter 18.36, and sections 18.02.070, 18.23.020,
18.23.030, 18.23.040, 18.23.060, 18.31.100, 18.47.020, 18.50.040, 18.54.080,
18.55.030, 18.57.020, 18.57.030, 18.57.035, 18.64.020 and 3.60.036 of the Auburn
City Code
V.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 167
AGENDA BILL APPROVAL FORM
Agenda Subject:
Q2 2022 Financial Update (Thomas) (20 Minutes)
Date:
September 7, 2022
Department:
Finance
Attachments:
Financial Report Through June 2022
Monthly Sales Tax Report
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
The financial report summarizes the general state of Citywide financial affairs and highlights
significant items or trends that the City Council should be aware of. The attachment provides
year-to-date financial activity through June 30,2022, based on financial data available as of
August 31, 2022. Sales tax information represents tax collected through June 2022, reflecting
business activity through April 2022.
Reviewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:September 12, 2022 Item Number:
Page 3 of 167
Quarterly Financial Report Through June 2022
General Fund Summary
Page 4 of 167
Quarterly Financial Report Through June 2022 2
Page 5 of 167
Quarterly Financial Report Through June 2022 3
Executive Summary
This report provides an overview of the City’s overall financial position for the fiscal period ending
June 30, 2022, reflecting financial data available as of August 31, 2022.
General Fund:
General Fund revenues have generally exceeded budget expectations and largely recovered
from the impact of the COVID-19 mitigation measures. During 2021, various restrictions were
implemented at the state and local level in terms of occupancy limits, vaccination requirements,
and mask mandates, all of which are thought to have either directly or indirectly affected the local
economy.
In late March of 2021, both King and Pierce counties advanced to Phase III of the state’s Healthy
Washington Roadmap to Recovery plan. Phase III allowed businesses to have indoor dining
occupancy up to 50%; retail, fitness and competitive sports at 50% occupancy; and indoor
entertainment venues were allowed to reopen with restrictions. At the end of June, Washington
state reopened under the Washington Ready plan. Industry sectors previously covered by the
Roadmap to Recovery or the Safe Start plan (with limited exceptions) were allowed to return to
usual capacity and operations. Throughout the third quarter of 2021, businesses were able to
resume normal operations, and some businesses continued to have modified hours and/or
capacity restrictions. Effective in October 2021, all restaurants in King County were to require
indoor dining patrons to show proof of vaccination. The indoor mask mandate also continued
throughout Q4-2021. In the state’s reopening plan, the state moved towards a county-based
system and away from the regional system. In this new plan, the assessment of counties will be
conducted on an individual basis. In March 2022, the mask mandate was lifted in many indoor
public settings. As a result, collections on numerous culture and recreation revenues are slowly
returning to pre-pandemic amounts.
Overall, General Fund revenues collected through Q2-2022 totaled $44.1 million as compared to
a year-to-date budget of $40.0 million, and were $4.0 million, or 10.0% above budget
expectations.
Notable variances to the 2022 budget include:
• Retail Sales Tax: The sales tax report through Q2-2022 (which is provided as an
attachment to this report) reflects amounts remitted to the City of Auburn based on
sales from November 2021 through April 2022. Collections up to June 2022 totaled
$11.1 million, a 6.8% increase from last year. The increase resulted from multiple
categories, particularly manufacturing, in which The Boeing Company had a 488%
increase from April 2021 compared to April 2022. [pages 6-7]
• In 2021, City Council increased the City utility tax rate from 7.0% to 10.0%. 1.0% of
utility tax revenue continues to support the Arterial Street Preservation Fund, while this
change increased General Fund tax revenues for Water, Sewer, Storm and Solid
Waste services from the previous 6.0% to 9.0%. City utility tax revenues through Q2-
2022 were $93,016 favorable to budget and $994,498 higher than what was collected
through Q2-2021. [pages 8-10]
• Building permit revenues collected through Q2-2022 totaled $477,000, which was
92,000 favorable to the year-to-date budget. A contributor to this variance was the
permitting of Divine Court, a 7-story multi-use building on Main Street. [page 13]
Page 6 of 167
Quarterly Financial Report Through June 2022 4
• Intergovernmental revenues collected through Q2-2022 totaled $2.6 million and were
$266,000 unfavorable to budget. Lower revenues collected from Federal and State
grants negatively impact the overall variance. [page 13-14]
• Culture and Recreation revenues collected through Q2-2022 totaled $1.4 million and
were $281,000 higher than budget expectations. This variance was primarily due to
higher than anticipated revenues received for green fees at Auburn Golf Course and
recreational classes. Where 50% of the favorable variance results from the Auburn Golf
Course and 26% consists of recreational classes. [page 16-17]
General Fund expenditures through Q2-2022 totaled $38.4 million compared to a budget of $44.5
million, representing a $6.0 million favorable variance to budget. Almost all departments operated
within their budgets through the second quarter of 2022.
Of this favorable variance to budget, 55% of that is comprised of underspends in supplies and
professional services, while 40% was due to underspends in personnel costs.
Page 7 of 167
Quarterly Financial Report Through June 2022 5
Enterprise Funds:
The City’s enterprise funds account for operations with revenues primarily provided from user
fees, charges or contracts for services.
The Water Fund ended Q2-2022 with operating income of about $1.5 million, which was
approximately $225,000 above the same period last year due to decrease in expenditures from
Q2-2021. This decrease was driven by lower debt service interest. Revenues were higher in
rents, leases, concessions, and charges for service. [page 21-22]
The Sewer Fund had operating income of $706,000 versus $509,000 in the same period last
year. Increased consumption revenues were offset by higher expenditures, similar to the Water
Fund. [page 22]
Through June 2022 the Stormwater Fund had operating income of $1.3 million compared to
$1.1 million in the same period in 2021; the increase in revenues from charges for storm service
more than offset the increased expenditures due to higher interfund utility taxes. [page 22]
Internal Service Funds:
Internal service funds provide services to other City departments and include functions such as
Insurance, Worker’s Compensation, Facilities, Innovation & Technology, and Equipment Rental.
No significant variances were reported in these funds during Q2-2022. [page 22]
Page 8 of 167
Quarterly Financial Report Through June 2022 6
General Fund
Revenues
The combined total of property, sales/use, utility, gambling, and admissions taxes provides over
70% of all resources supporting general governmental activities. The following section provides
additional information on these sources.
Property Tax collections in the second quarter totaled $11.5 million as compared to a second
quarter budget of $11.1 million. Year-to-date collections total $12.6 million versus a budget of
$12.1 million resulting in ~$500k above budget expectations. As depicted in the graphic below,
the majority of property taxes are collected during the months of April and October, coinciding
with the due dates for the County property tax billings.
Retail Sales Tax collections through Q2-2022 totaled $11 million, representing taxes remitted to
the City of Auburn based on sales from November 2021 through April 2022. Despite the COVID-
19 pandemic, 2021 sales tax revenues were higher than the prior five years – and, in fact, 2021
sales tax collections were the highest on record for the City of Auburn. Sales tax revenues in the
second quarter of 2022 exceed those from the second quarter of 2021, with increases in most
categories, and in particular manufacturing and services. Sales tax on construction revenues are
the notable exception, which saw a 6.5% decrease from Q2-2021. Overall, retail sales tax
revenues are up $789,000 or 7.7% from the same period last year.
Page 9 of 167
Quarterly Financial Report Through June 2022 7
Page 10 of 167
Quarterly Financial Report Through June 2022 8
Note: The increase in sales tax revenue from 2018 to 2019 was primarily due to a policy change
whereby sales tax on construction revenue is retained in the General Fund; previously, a portion
was transferred to street funds. Of the year-over-year increase in sales tax revenue depicted in
the graphic above from 2018 to 2019, $2.2 million of the $2.9 million increase was due to this
policy change.
The following table breaks out the City’s retail sales taxes by major business sector.
Utility Taxes consist of interfund taxes on City utilities (Water, Sewer, Storm and Solid Waste)
and taxes on external utilities (Electric, Natural Gas, Telephone and Solid Waste). As noted on
page 3 of this report, Council increased the City utility tax rate from 7.0% to 10.0% effective in
2021. While 1.0% of this tax revenue continues to support the Arterial Street Preservation Fund,
this change increased General Fund tax revenue for Water, Sewer, Storm and Solid Waste
services from the previous 6.0% to 9.0%. Overall, City utility tax revenues collected through June
2022 were $417,600 more than what was collected through June 2021.
2021 2022
Component Group YTD Actual YTD Actual Amount
Construction 1,386,613$ 1,372,433$ (14,180)$ (1.0)%
Manufacturing 176,838 484,023 307,185 173.7 %
Transportation & Warehousing 181,775 136,358 (45,417) (25.0)%
Wholesale Trade 682,475 725,599 43,124 6.3 %
Automotive 2,186,225 2,281,327 95,102 4.4 %
Retail Trade 3,180,701 3,277,070 96,369 3.0 %
Services 2,314,579 2,615,432 300,853 13.0 %
Miscellaneous 168,429 174,471 6,042 3.6 %
YTD Total 10,277,635$ 11,066,712$ 789,077$ 7.7 %
Comparison of Retail Sales Tax Collections by Group
Through June 2022
Change from 2021
Percentage
Page 11 of 167
Quarterly Financial Report Through June 2022 9
Page 12 of 167
Quarterly Financial Report Through June 2022 10
The table below demonstrates the various utility tax revenues and show actual revenues
compared to budget.
An Admission Tax of 5.0% is placed on charges for general admission, season tickets, cover
charges, etc. Although admission tax revenues of $127,000 collected through June 2022 were
significantly higher than Q2-2021; this is due in part to COVID-19 restrictions, whereby some
entertainment businesses did not reopen until the second quarter of 2021. The primary remitter of
admission tax to the City of Auburn is the Auburn Regal Cinema at the Outlet Collection mall,
contributing roughly 75% of these revenues between 2018-2020. However, in both 2021 and
year-to-date in 2022, Regal Cinema’s contributions have dropped by half from their pre-pandemic
levels. As a result, admission tax revenues are unfavorable to budget by roughly $91,000.
2021 2022 2022
Utility Tax Type YTD Actual YTD Budget YTD Actual Amount Amount
City Interfund Utility Taxes 2,974,962$ 3,202,900$ 3,295,916$ $ 320,954 10.8 % $ 93,016 2.9 %
Electric 1,979,127 1,880,200 2,144,208 165,081 8.3 %264,008 14.0 %
Natural Gas 709,535 764,300 809,712 100,178 14.1 %45,412 5.9 %
Telephone 372,126 354,400 284,515 (87,610)(23.5)%(69,885)(19.7)%
Solid Waste (external)109,922 0 28,897 (81,026)(73.7)%28,897
YTD Total 6,145,671$ 6,201,800$ 6,563,248$ $ 417,577 6.8 % $ 361,448 5.8 %
Through June 2022
Utility Tax by Type
2022 vs. 2021 Actual 2022 vs. Budget
Percentage Percentage
$0
$100
$200
$300
$400
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecThousandsAdmission Tax
2022 Budget
2022 YTD Actual
2021 Actual
Page 13 of 167
Quarterly Financial Report Through June 2022 11
Gambling Tax applies to all card games, punch board games, pull tabs, bingo games, raffles and
amusement games played within City limits. Due to COVID-19 occupancy limitations, some of
these establishments did not reopen for business until the latter part of Q1-2021 and many
opened at a reduced capacity. While capacity limitations were lifted at the end of Q2-2021, the
effects on these entertainment style activities continue to be evident due to reduced receipts
compared to normal levels.
Licenses and Permits include business licenses, building permits, plumbing, electric and other
licenses and permit fees. Building permit fees and business licenses make up approximately 70%
of the annual budgeted revenue in this category.
The City charges an annual fee of $103 for a Business License for each business that is located
within the City. The City typically sends out the renewals for the following year around December
of each year. Therefore, most of these revenues are collected in December for the following year
or in January in the current year. Business license revenues collected through Q2-2022 totaled
$107,000, lower than the projected revenues of $124,000. Compared to 2021 totals, YTD 2022 is
unfavorable by $17,600.
$0.0
$100.0
$200.0
$300.0
$400.0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecThousandsGambling Tax
2022 Budget
2022 YTD Actual
2021 Actual
Page 14 of 167
Quarterly Financial Report Through June 2022 12
$0
$50
$100
$150
$200
$250
$300
$350
$400
$450
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecThousandsBusiness Licenses
2022 Budget
2022 YTD Actual
2021 Actual
$163
$353 $336 $354
$424
$107
$0
$100
$200
$300
$400
$500
2017 2018 2019 2020 2021 2022
YTDThousandsBusiness License Revenues
Actuals
Page 15 of 167
Quarterly Financial Report Through June 2022 13
Building Permit revenues collected through June 2022 totaled $477,000. While this is
approximately $248,000 lower than 2021 collections year-to-date, revenues were $92,000
favorable to budget. Among the contributing factors for this favorable variance was the permitting
of a seven-story mixed-use building on Main Street known as Divine Court.
Intergovernmental revenues include grants and stimulus monies (direct and indirect federal,
state and local), revenue from the Muckleshoot Indian Tribe (MIT) compact as well as state
shared revenues. Collections through Q2-2022 totaled $2.6 million and were $234,000 favorable
to budget expectations. Much of this favorable variance is still due to the unbudgeted receipt of
$250,000 for Streamlined Sales Tax mitigation monies collected in March. However, state and
interlocal grant collections have been minimal YTD impacting the YTD actual vs. budget variance.
$0.0
$0.2
$0.4
$0.6
$0.8
$1.0
$1.2
$1.4
$1.6
1 2 3 4 5 6 7 8 9 10 11 12MillionsBuilding Permits
2022 Budget
2022 YTD Actual
2021 Actual
$1.2
$0.9
$1.2
$0.8
$1.3
$0.5
$0.0
$0.5
$1.0
$1.5
$2.0
$2.5
2017 2018 2019 2020 2021 2022
YTDMillionsBuilding Permits
Actuals
Page 16 of 167
Quarterly Financial Report Through June 2022 14
Note that 2020 revenue was higher than normal due to the receipt of $3.8 million in federal
CARES grant money from the Department of Treasury.
2021 2022 2022
Revenue YTD Actual YTD Budget YTD Actual Amount Amount
Federal Grants 27,924$ 26,175$ 2,120$ $ (25,804)(92.4)% $ (24,055)93.2 %
State Grants 108,581 235,100 - (108,581)(100.0)% (235,100)216.5 %
Interlocal Grants 63,567 183,300 73,895 10,328 16.2 % (109,405)(1059.3)%
Muckleshoot Casino Services 385,997 485,650 385,997 - 0.0 %(99,653)
One-Time Allocation (SB 5092)- - - - -
State Shared Revenues:
Streamlined Sales Tax 1,000,158 500,000 500,079 (500,079)(50.0)% 79 (0.0)%
Motor Vehicle Fuel Tax 498,377 505,000 557,085 58,708 11.8 % 52,085 88.7 %
Criminal Justice - High Crime 113,625 108,200 136,636 23,011 20.3 % 28,436 123.6 %
Criminal Justice - Population 13,036 13,000 14,665 1,628 12.5 % 1,665 102.2 %
Criminal Justice - Special Prog.46,536 48,000 52,121 5,585 12.0 % 4,121 73.8 %
Marijuana Excise Tax 82,009 93,650 111,497 29,487 36.0 % 17,847 60.5 %
State DUI 6,434 6,000 7,364 930 14.5 % 1,364 146.6 %
Fire Insurance Tax 98,371 88,400 104,661 6,289 6.4 % 16,261 258.5 %
Liquor Excise 282,049 249,288 313,219 31,170 11.1 % 63,931 205.1 %
Liquor Profit 323,785 325,000 341,600 17,815 5.5 % 16,600 93.2 %
Total State Shared:2,464,380 1,936,538 2,138,925 (325,454) (13.2)% 202,387 (62.2)%
YTD Total 3,050,448$ 2,866,763$ 2,600,936$ (449,512)$ (14.7)%(265,827)$ (9.3)%
Through June 2022
Intergovernmental Revenues (Grants, Entitlements & Services)
2022 vs. 2021 Actual 2022 vs. Budget
% Change % Change
$6.1 $6.3 $6.0
$10.2
$6.3
$2.6
$0
$2
$4
$6
$8
$10
$12
2017 2018 2019 2020 2021 2022
YTDMillionsIntergovernmental Revenues
(Grants, Entitlements & Services)
Actuals
Page 17 of 167
Quarterly Financial Report Through June 2022 15
Charges for Services consist of general governmental service charges, public safety charges,
development service fees, and culture and recreation fees. Total charges for services collected
through June 2022 totaled $4.3 million and was $274,000, or 6.9%, more than expected to date.
The General Government revenue category primarily includes the interfund assessment for the
salary and benefit costs for support departments (Finance, Human Resources and Legal). Salary
and benefit costs for these departments are charged to the respective General Fund home
department and a portion of those costs are recouped from other funds via interfund charges.
General Government revenues also include fees for passport services, reimbursement from cities
participating in the South King Housing and Homelessness Partners (SKHHP), as well as
transportation projects. The slight unfavorable variance of $95,000 to budget is due to the timing
of SKHHP revenues, which are received on a reimbursement basis.
Public safety revenues mainly consist of revenues for law enforcement services, which are extra
duty security services whereby police officers are contracted for, and reimbursement is made by
the hiring agency. This category also includes reimbursements from the Muckleshoot Indian Tribe
(MIT) for a full-time dedicated police officer and associated expenditures as well as monies
collected from the Auburn School District for services rendered. Public safety revenues collected
in the second quarter of 2022 totaled $439,500 and were $55,500 unfavorable to budget primarily
due to lower than anticipated need for extra duty security services.
Development services fee collections consist primarily of plan check fees, facility extension
charges, and zoning and subdivision fees. Through Q2-2022, development service fees collected
totaled $682,000 and were $142,500 favorable to budget expectations. Major contributors to this
variance were FAC linear charges (fees assessed on projects that require extension of public
facilities) as well as zoning and subdivision fees; where pre-application and preliminary plat fees
were higher than expected.
2021 2022 2022
Revenue YTD Actual YTD Budget YTD Actual Amount Amount
General Government 1,663,296$ 1,823,175$ 1,728,339$ $ 65,044 3.9 % $ (94,836)(5.2)%
Public Safety 689,130 494,100 439,528 (249,602)(36.2)%(54,572)(11.0)%
Development Services 790,126 539,400 681,920 (108,205)(13.7)%142,520 26.4 %
Culture & Recreation 1,218,933 1,132,327 1,413,393 194,460 16.0 %281,066 24.8 %
YTD Total 4,361,484$ 3,989,002$ 4,263,180$ (98,304)$ (2.3)% $ 274,178 6.9 %
Through June 2022
Charges for Services by Type
2022 vs. 2021 Actual 2022 vs. Budget
Percentage Percentage
Page 18 of 167
Quarterly Financial Report Through June 2022 16
Most of the culture and recreation revenues are derived from greens fees and pro shop sales at
the Auburn Golf Course, recreational classes, ticket sales at the Auburn Avenue Theater, senior
programs, and special events. Overall, culture and recreation revenues exceeded budget by
$281,000, or 24.8%. Nearly 75% of year-to-date revenues have come from greens fees at the
Auburn Golf Course and recreation classes. While greens fee revenues have decreased $65,500
or -8.4% from the same period last year, recreation class revenues have increased by $106,000
or 134.4% and special events increased by $67,000 or 758.8%. This is primarily attributable to
COVID-19 restrictions in place during Q1-2021 that have since been eased or removed.
$0.9 $0.9
$1.1
$1.0
$1.6
$0.7
$0.0
$0.5
$1.0
$1.5
2017 2018 2019 2020 2021 2022
YTDMillionsDevelopment Service Fees
Actuals
Page 19 of 167
Quarterly Financial Report Through June 2022 17
Fines & Penalties include civil penalties (such as code compliance fines), parking and traffic
infraction penalties, criminal fines (including criminal traffic, criminal non-traffic and other criminal
offenses) as well as non-court fines such as false alarm fines. Total revenues collected through
June 2022 totaled $183,600 as compared to a budget of $398,800 and were 54.0% below budget
expectations primarily due to lower-than-budgeted collections in civil infraction penalties (typically
consisting of traffic infractions).
$0.0
$0.5
$1.0
$1.5
$2.0
$2.5
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecMillionsCulture & Recreation
2022 Budget
2022 YTD Actual
2021 Actual
Page 20 of 167
Quarterly Financial Report Through June 2022 18
$0.0
$0.2
$0.4
$0.6
$0.8
$1.0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecMillionsFines & Penalties
2022 Budget
2022 YTD Actual
2021 Actual
$0.9 $0.9 $0.9
$0.6
$0.4
$0.2
$0.0
$0.2
$0.4
$0.6
$0.8
$1.0
$1.2
2017 2018 2019 2020 2021 2022
YTDMillionsFines & Penalties
Actuals
Page 21 of 167
Quarterly Financial Report Through June 2022 19
Miscellaneous Revenues consist of investment earnings, income from facility rentals, revenue
collected for golf cart rentals at the Auburn Golf Course, contributions and donations, and other
income including the quarterly purchasing card (P-card) rebate monies.
Revenues collected YTD 2022 in this category totals $1.07 million and were $340,000 favorable
to budget. The majority of the favorable variance to budget was in the other miscellaneous
revenue category, largely due to the sale of fixed assets with respect to a fire utility easement.
Also contributing to the favorable variance were higher than average pre-payments for facility
rentals in the interest & investments category.
2021 2022 2022
Month YTD Actual YTD Budget YTD Actual Amount Amount
Interest & Investments 2,412$ 45,600$ 156,679$ 154,267$ 6396.2 %111,079$ 243.6 %
Rents & Leases 407,597 536,200 537,347 129,750 31.8 %1,147 0.2 %
Contributions & Donations 1,973 14,200 7,654 5,680 287.8 %(6,546)(46.1)%
Other Miscellaneous Revenue 136,764 131,050 365,020 228,256 166.9 %233,970 178.5 %
YTD Total 548,746$ 727,050$ 1,066,699$ 517,953$ 94.4 %339,649$ 46.7 %
Miscellaneous Revenues by Type
Through June 2022
2022 vs. 2021 Actual 2022 vs. Budget
Percentage Percentage
$1.5
$1.8 $1.8
$1.2
$1.5
$1.0
$0.0
$0.5
$1.0
$1.5
$2.0
2017 2018 2019 2020 2021 2022
YTDMillionsMiscellaneous Revenues
Actuals
Page 22 of 167
Quarterly Financial Report Through June 2022 20
Real Estate Excise Tax (REET) revenues are taxes on the sale of both commercial properties
and single-family residences. These collections are receipted into the Capital Improvement
Projects Fund and used for governmental capital projects. REET revenues collected year-to-date
in 2022 total $3.1 million, which is $2.0 million or 64.2% favorable to budget expectations. This
strong performance continues on the heels of 2021, which saw the highest REET revenue
collections on record for the City of Auburn. This increase YTD 2022 is attributable to the
continued growth of the real estate market and increase of property values. A notable contributor
to the large favorable variance is the LogistiCenter property in Auburn.
2021 2022 2022
Month YTD Actual YTD Budget YTD Actual Amount Amount
1 328,140 186,200$ 235,988 (92,152)(28.1) %49,788 21.1 %
2 244,189 186,200 320,851 76,661 31.4 %134,651 42.0 %
3 423,532 186,200 855,713 432,182 102.0 %669,513 78.2 %
4 385,966 186,200 530,857 144,891 37.5 %344,657 64.9 %
5 339,074 186,200 710,134 371,060 109.4 %523,934 73.8 %
6 447,063 186,200 479,225 32,162 7.2 %293,025 61.1 %
7 563,422 186,200
8 585,227 186,200
9 946,209 186,200
10 393,570 186,200
11 474,992 186,200
12 825,919 186,500
YTD Total 2,167,965 1,117,200 3,132,769 964,804 44.5%2,015,569 64.3%
Real Estate Excise Tax Revenues
Through June 2022
2022 vs. 2021 Actual 2022 vs. Budget
Percentage Percentage
$0.0
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
1 2 3 4 5 6 7 8 9 10 11 12MillionsReal Estate Excise Tax
2022 Budget
2022 YTD
Actual
Page 23 of 167
Quarterly Financial Report Through June 2022 21
Utility Enterprise Funds
Utility activities are divided between operating funds and capital sub-funds. Operating funds
house all the operating costs along with debt service and financing obligations. Capital funds
show costs associated with capital acquisition and construction. Both the operating and capital
funds have a working capital balance. This approach isolates those funds available for capital and
cash flow needs for daily operations, and project managers will know exactly how much working
capital is available for current and planned projects.
Through June 2022, the Water Utility had operating income of $1.5 million (operating revenues
less operating expenditures), approximately $225,000 above the same period as last year. Water
Fund operating revenues were $165,000 or 2.5% higher than Q2-2021; the majority of this
variance was due to stronger performance in water sales revenue, which was offset by lower
interest earnings. Operating expenditures decreased by $60,000 mainly due to decreased in debt
service interest payments. This decrease was partially offset by increased City utility tax
expenditures.
Billable water consumption through June 2022 totaled 1,210,141 hundred cubic feet (ccf), a
decrease of 29,600 ccf (2.4%) over Q2-2021. The largest driver of this decrease were single
family and duplex, and irrigation, while commercial saw an increase over last year.
There is also a trend of decreased year-over-year consumption on a per account basis due
largely to conservation efforts and appliance efficiency improvements, which are anticipated in
the Utilities Comprehensive Plan.
$3.6 $3.9
$5.2
$4.2
$6.0
$3.1
$0.0
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
2017 2018 2019 2020 2021 2022
YTDMillionsReal Estate Excise Tax Revenues
Actuals
Page 24 of 167
Quarterly Financial Report Through June 2022 22
Through June 2022, the Sewer Utility finished with operating income of $706,000 as compared
to $509,000 through June 2021. Operating revenues were up $357,000 or 8.2% from the same
period last year due to stronger performance in charges for City sewer service. Operating
expenses were up $161,000 mainly due to increased City interfund utility tax payments, as well
as increased personnel and interfund service costs.
In the second quarter of 2022, the Stormwater Utility had operating income of $1.3 million
compared with $1.1 million in the same period last year. Operating revenues were up $250,000
compared to Q2-2021 due to charges for City storm service. As most Stormwater Utility charges
are based on a flat rate, there are not typically significant fluctuations in this revenue.
Operating expenditures in the Stormwater Utility were up $80,000 compared to the second
quarter of last year. This increase was mainly due to higher interfund utility tax payments.
Internal Service Funds
Operating expenditures within the Insurance Fund represent the premium cost pool that will be
allocated monthly to other City funds over the course of the year. As a result, the expenditure
balance gradually diminishes each month throughout the year.
No significant variances are reported in the Workers’ Compensation, Facilities, Innovation &
Technology, or Equipment Rental Funds.
Contact Information
This report is prepared by the Finance Department. Additional financial information can also be
viewed at our website: http://www.auburnwa.gov/. For any questions about this report please
contact Jamie Thomas at jdthomas@auburnwa.gov.
Page 25 of 167
SALES TAX SUMMARY
JUNE 2022 SALES TAX DISTRIBUTIONS (FOR APRIL 2022 RETAIL ACTIVITY)
2021 Annual Total 2021 YTD 2022 YTD YTD 2021 Annual Total 2021 YTD 2022 YTD YTDNAICSCONSTRUCTION (Nov '20-Oct '21)(Nov '20-Apr '21)(Nov '21-Apr '22)% Diff NAICS AUTOMOTIVE (Nov '20-Oct '21)(Nov '20-Apr '21)(Nov '21-Apr '22)% Diff
236 Construction of Buildings 1,822,597 921,180 743,625 -19.3%441 Motor Vehicle and Parts Dealer 4,296,210 2,062,292 2,149,310 4.2%237 Heavy and Civil Construction 204,312 98,712 88,653 -10.2%447 Gasoline Stations 259,015 123,933 132,017 6.5%
238 Specialty Trade Contractors 1,007,202 447,472 540,155 20.7%TOTAL AUTOMOTIVE 4,555,224$ 2,186,225$ 2,281,327$ 4.4%
TOTAL CONSTRUCTION 3,034,111$ 1,467,364$ 1,372,433$ -6.5%Overall Change from Previous Year 95,102$
Overall Change from Previous Year (94,931)$
2021 Annual Total 2021 YTD 2022 YTD YTD
2021 Annual Total 2021 YTD 2022 YTD YTD NAICS RETAIL TRADE (Nov '20-Oct '21)(Nov '20-Apr '21)(Nov '21-Apr '22)% Diff
NAICS MANUFACTURING (Nov '20-Oct '21)(Nov '20-Apr '21)(Nov '21-Apr '22)% Diff 442 Furniture and Home Furnishings 290,161 142,223 122,821 -13.6%
311 Food Manufacturing 10,030 4,529 8,322 83.8%443 Electronics and Appliances 343,833 161,230 190,052 17.9%
312 Beverage and Tobacco Products 14,270 6,880 6,985 1.5%444 Building Material and Garden 802,678 377,933 369,628 -2.2%
313 Textile Mills 728 415 449 8.1%445 Food and Beverage Stores 487,109 228,770 266,301 16.4%
314 Textile Product Mills 2,905 1,509 1,873 24.1%446 Health and Personal Care Store 391,338 195,648 207,623 6.1%
315 Apparel Manufacturing 1,759 962 560 -41.7%448 Clothing and Accessories 1,122,519 541,691 561,704 3.7%
316 Leather and Allied Products 612 237 320 35.2%451 Sporting Goods, Hobby, Books 334,027 162,191 177,415 9.4%
321 Wood Product Manufacturing 21,166 7,057 16,494 133.7%452 General Merchandise Stores 916,949 476,664 463,044 -2.9%
322 Paper Manufacturing 5,379 2,083 2,888 38.7%453 Miscellaneous Store Retailers 1,493,818 741,050 780,751 5.4%
323 Printing and Related Support 53,224 20,189 48,979 142.6%454 Nonstore Retailers 279,532 153,302 137,732 -10.2%
324 Petroleum and Coal Products 15 5 5 6.2%TOTAL RETAIL TRADE 6,461,966$ 3,180,701$ 3,277,070$ 3.0%
325 Chemical Manufacturing 14,340 5,071 6,549 29.1%Overall Change from Previous Year 96,369$
326 Plastics and Rubber Products 7,555 3,807 4,439 16.6%
327 Nonmetallic Mineral Products 18,959 8,551 8,520 -0.4%
331 Primary Metal Manufacturing 8,894 8,348 567 -93.2%2021 Annual Total 2021 YTD 2022 YTD YTD
332 Fabricated Metal Product Manuf 38,660 14,789 23,665 60.0%NAICS SERVICES (Nov '20-Oct '21)(Nov '20-Apr '21)(Nov '21-Apr '22)% Diff
333 Machinery Manufacturing 17,222 9,789 10,059 2.8%51*Information 759,640 377,003 419,158 11.2%
334 Computer and Electronic Product 15,944 10,008 19,168 91.5%52*Finance and Insurance 157,662 79,057 83,003 5.0%
335 Electric Equipment, Appliances 1,074 592 2,432 311.0%53*Real Estate, Rental, Leasing 448,984 225,469 226,274 0.4%
336 Transportation Equipment Man 219,977 50,688 289,292 c 470.7%541 Professional, Scientific, Tech 481,644 a 211,650 272,389 28.7%
337 Furniture and Related Products 14,021 6,990 8,074 15.5%551 Company Management 48 19 80 318.1%
339 Miscellaneous Manufacturing 34,746 14,341 24,383 70.0%56*Admin. Supp., Remed Svcs 792,428 406,876 386,403 -5.0%TOTAL MANUFACTURING 501,480$ 176,838$ 484,023$ 173.7%611 Educational Services 44,374 18,529 22,554 21.7%
Overall Change from Previous Year 307,185$ 62*Health Care Social Assistance 99,456 54,247 66,781 23.1%
71*Arts and Entertainment 74,095 19,617 35,208 79.5%
72*Accommodation and Food Svcs 1,429,205 623,271 715,407 14.8%2021 Annual Total 2021 YTD 2022 YTD YTD 81*Other Services 632,779 297,358 387,180 d 30.2%NAICS TRANSPORTATION AND WAREHOUSING (Nov '20-Oct '21)(Nov '20-Apr '21)(Nov '21-Apr '22)% Diff 92*Public Administration 3,918 1,483 996 -32.8%
481 Air Transportation 0 0 0 N/A TOTAL SERVICES 4,924,232$ 2,314,579$ 2,615,432$ 13.0%
482 Rail Transportation 21,189 8,150 11,110 36.3%Overall Change from Previous Year 300,853$
483 Water Transportation 0 0 0 N/A
484 Truck Transportation 30,906 12,799 15,664 22.4%
485 Transit and Ground Passengers 2 0 114 N/A 2021 Annual Total 2021 YTD 2022 YTD YTD
488 Transportation Support 46,167 23,185 25,854 11.5%NAICS MISCELLANEOUS (Nov '20-Oct '21)(Nov '20-Apr '21)(Nov '21-Apr '22)% Diff
491 Postal Service 736 405 410 1.3%000 Unknown 0 0 0 N/A
492 Couriers and Messengers 265,381 131,485 78,027 -40.7%111-115 Agriculture, Forestry, Fishing 7,443 4,488 5,105 13.7%
493 Warehousing and Storage 8,727 5,750 5,179 -9.9%211-221 Mining & Utilities 37,007 16,447 8,684 -47.2%TOTAL TRANSPORTATION 373,108$ 181,775$ 136,358$ -25.0%999 Unclassifiable Establishments 365,056 147,494 160,683 8.9%
Overall Change from Previous Year (45,417)$ TOTAL SERVICES 409,506$ 168,429$ 174,471$ 3.6%
Overall Change from Previous Year 6,042$
2021 Annual Total 2021 YTD 2022 YTD YTD
NAICS WHOLESALE TRADE (Nov '20-Oct '21)(Nov '20-Apr '21)(Nov '21-Apr '22)% Diff GRAND TOTAL 21,683,222$ 10,358,386$ 11,066,712$
423 Wholesale Trade, Durable Goods 1,066,703 522,795 558,076 b 6.7%Overall Change from Previous Year 708,326$ 6.8%
424 Wholesale Trade, Nondurable 337,782 148,581 156,899 5.6%
425 Wholesale Electronic Markets 19,109 11,099 10,624 -4.3%Total June 2022 Sales Tax Distributions 1,838,207$ TOTAL WHOLESALE 1,423,595$ 682,475$ 725,599$ 6.3%Dollar Change from 1 year ago 22,986$ g
43,124$ Percent Change from June 2021 1.3%
Comparisons:
June 2021 1,815,220$
Includes Adjustments in excess of +/- $10,000.June 2020 1,315,118$
a. WA State Department of Revenue adjustment to sales tax returns for July 2021 Reporting (adjustment: $42,412).
b. WA State Department of Revenue adjustment to sales tax returns for January 2022 Reporting (adjustment: -$23,324).
c. WA State Department of Revenue adjustment to sales tax returns for January 2022 Reporting (adjustment: $223,728).
d. WA State Department of Revenue adjustment to sales tax returns for February 2022 Reporting (adjustment: $15,861).e. WA State Department of Revenue adjustment to sales tax returns for May 2022 Reporting (adjustment: $15,726).
08/17/22
Page 26 of 167
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5679 (Council) (15 Minutes)
Date:
September 1, 2022
Department:
Council
Attachments:
Resolution No. 5679
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Background for Motion:
Background Summary:
Reviewed by Council Committees:
Councilmember:Jeyaraj Staff:Council
Meeting Date:September 12, 2022 Item Number:
Page 27 of 167
--------------------------------
Resolution No. 5679
September 1, 2022
Page 1 of 4 Rev. 2019
RESOLUTION NO. 5679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AFFIRMING ITS SUPPORT OF COMPREHENSIVE
REPRODUCTIVE HEALTHCARE, INCLUDING ABORTION, AND MARRIAGE
EQUALITY; AND ITS SUPPORT OF PROTECTIONS THROUGH WASHINGTON
STATE AND FEDERAL LEGISLATIVE ACTION
WHEREAS, in 1970, Washington State voters approved Referendum 20,
which legalized abortion in Washington State; and
WHEREAS, on January 22, 1973, the U.S. Supreme Court ruled in Roe v. Wade
that unduly restrictive state regulation of abortion is unconstitutional. The Court held that
a set of Texas statutes criminalizing abortion in most instances violated a woman’s
constitutional right of privacy, which it found to be implicit in the liberty guarantee of the
Due Process Clause of the Fourteenth Amendment, “…nor shall any state deprive any
person of life, liberty, or property, without due process of law”; and
WHEREAS, in 1991, Washington State voter approved Initiative I-120, which
declared a woman's right to choose physician-performed abortion prior to fetal viability
and further expanded and protected access to reproductive healthcare in Washington
State in the event Roe v. Wade were to be overturned; and
WHEREAS, on June 26, 2015, the U.S. Supreme Court ruled in Obergefell v.
Hodges that the fundamental right to marry is guaranteed to same-sex couples by both
the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment
to the United States Constitution; and
WHEREAS, comprehensive abortion care is included in the list of essential health
care services published by the World Health Organization in 2020; and according to the
Page 28 of 167
--------------------------------
Resolution No. 5679
September 1, 2022
Page 2 of 4 Rev. 2019
World Health Organization, “[l]ack of access to safe, affordable, timely and respectful
abortion healthcare, and the stigma associated with abortion, pose risks to women’s
physical and mental well-being throughout the life-course. Inaccessibility of quality
abortion healthcare risks violating a range of human rights of women and girls, including
the right to life; the right to the highest attainable standard of physical and mental health;
the right to benefit from scientific progress and its realization; the right to decide freely
and responsibly on the number, spacing and timing of children; and the right to be free
from torture, cruel, inhuman and degrading treatment and punishment;” and
WHEREAS, on June 9, 2022, Washington Engrossed House Bill 1851 went into
effect, which states: “Although the abortion rights movement has historically centered on
women in our advocacy, that must no longer be the case; and it is critical that we
recognize that transgender, nonbinary, and gender expansive people also require
abortion healthcare. Washington's law should reflect the most inclusive understanding of
who needs reproductive healthcare and be updated with gender neutral language”; and
WHEREAS, on June 24, 2022, the Supreme Court of the United States struck down
Roe v. Wade, holding that the Due Process Clause and Equal Protection Clause of the
Fourteenth Amendment do not apply to an individual’s right to safe and legal abortions;
and
WHEREAS, the U.S. Supreme Court’s current interpretation of the 14th
Amendment is also a threat to marriage equality; and
Page 29 of 167
--------------------------------
Resolution No. 5679
September 1, 2022
Page 3 of 4 Rev. 2019
WHEREAS, Governor Jay Inslee has stated he continued to support an amendment
to protect an individual’s right to safe and legal abortion in the Washington State
Constitution; and
WHEREAS, on February 21, 2017, the City Council adopted Resolution R-5240,
declaring Kirkland a Safe, Inclusive, and Welcoming Community for all people; and
WHEREAS, on August 4, 2020, the City Council adopted Resolution R-5434, helping
ensure the safety and respect of Black people, committing to examining and dismantling
interpersonal, institutional, and structural racism in Kirkland; and
WHEREAS, the City Council believes this new U.S. Supreme Court decision
overturning Roe v. Wade disproportionately impacts people of color, people with
disabilities, and those with low incomes, among others; and
WHEREAS, the City has consistently demonstrated its values in support of
comprehensive reproductive healthcare by providing such coverage, including abortion
healthcare, in each of the current health insurance plans for City employees; and
WHEREAS, the City values and supports LGBTQIA+ community members and
employees, and has demonstrated this through such actions as proclaiming June as Pride
Month in Kirkland each year since 2019, and through covering gender-affirming
healthcare in each of the health insurance plans for City employees; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Page 30 of 167
--------------------------------
Resolution No. 5679
September 1, 2022
Page 4 of 4 Rev. 2019
Section 1. The City Council of the City of Auburn affirms its support of an
individual’s right to comprehensive, safe, and accessible reproductive healthcare,
including abortion, and marriage equality.
Section 2. The City Council of the City of Auburn expresses its support of
amendments to the Washington State and United States Constitutions to codify an
individual’s right to comprehensive, safe, and accessible reproductive healthcare,
including abortion, and marriage equality.
Section 3. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________ NANCY BACKUS, MAYOR
ATTEST: ____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM: ____________________________
Kendra Comeau, City Attorney
Page 31 of 167
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5682 (Backus/Comeau/Tate) (15 Minutes)
Date:
September 6, 2022
Department:
Mayor/Legal/Community
Development
Attachments:
Resolution No. 5682
Participation Form
Allocation Agreement
MOU
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
In 2019, the State of Washington and other local litigants filed a lawsuit against several opioid
distributors (King County Superior Court case #19-2-06975-9KNT), alleging that actions and
practices of the distributors have contributed to the opioid crisis currently facing the State and
numerous Washington localities. The State and the distributors have settled the lawsuit for
the total sum of $430,249,769.02. The settlement is known as the “Washington Distributor
Settlement.” The settlement terms allocate approximately half of the settlement amount to
Washington cities under a 17 year payment agreement that starts after December 1, 2022.
Cities must use funds received from the settlement to treat and prevent opioid addiction.
For the settlement agreement to become effective, the 37 counties that participated directly
in the lawsuit and at least 90% of all Washington cities with populations of at least 10,000
must participate. Participating in the settlement requires the City to sign a participation form,
an allocation agreement, and a memorandum of understanding. Together, these documents
establish a formula and framework for the distribution of settlement funds to cities, and set
forth the permissible uses of settlement funds. Signing these documents and participating in
the settlement will bring much needed opioid treatment and prevention funds to the City. City
staff recommends adoption.
Reviewed by Council Committees:
Councilmember:Mulenga Staff:Backus/Comeau/Tate
Meeting Date:September 12, 2022 Item Number:
Page 32 of 167
Page 33 of 167
-----------------------------
Resolution No. 5682
September 6, 2022
Page 1 of 2
RESOLUTION NO. 5682
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
SIGN A MEMORANDUM OF UNDERSTANDING (MOU) AND
RELATED DOCUMENTS TO ENABLE THE CITY TO RECEIVE
AN ALLOCATED SHARE OF FUNDS FROM THE
WASHINGTON DISTRIBUTOR SETTLEMENT
WHEREAS, in 2019, the State of Washington and other local litigants
filed a lawsuit against several opioid distributors (King County Superior Court
case #19-2-06975-9KNT), alleging that actions and practices of the distributors
have contributed to the opioid crisis currently facing the State and numerous
Washington localities;
WHEREAS, the State and the distributors have settled the lawsuit for the
total sum of $430,249,769.02. The settlement is known as the “Washington
Distributor Settlement”;
WHEREAS, the settlement terms allocate approximately ½ of the
settlement total to Washington cities under a 17 year payment agreement that
starts after December 1, 2022. Cities must use funds received from the
settlement to treat and prevent opioid addiction;
WHEREAS, for the settlement agreement to become effective, the 37
counties that participated directly in the lawsuit and at least 90% of all
Washington cities with populations of at least 10,000 must participate;
WHEREAS, participating in the settlement requires the City to do the
following:
Page 34 of 167
-----------------------------
Resolution No. 5682
September 6, 2022
Page 2 of 2
sign a participation form (attached to this Resolution as Exhibit A), where
the City indicates its willingness to participate in the settlement (the City
must complete this step on or before September 23, 2022 to be eligible
for settlement funds);
sign an allocation agreement (attached to this Resolution as Exhibit B),
where the City agrees to the settlement terms and releases any potential
claims it has related to the lawsuit; and
enter a memorandum of understanding (MOU) (attached to this
Resolution as Exhibit C) with other Washington local governments
providing that the settlement funds allocated to cities are first divided into
“allocation regions” by county, then distributed to the cities through an
opioid abatement council formed by the region’s participating
jurisdictions (Auburn’s geography entitles it allocations within King and
Pierce Counties);
and
WHEREAS, in light of the devastating effects of the opioid crisis on the
City and the surrounding region, and the need for additional funding to support
opioid treatment and prevention, the City desires to perform the above steps
and to participate in the Washington Distributor Settlement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. On behalf of the City of Auburn, the Mayor is authorized to
sign the participation form, allocation agreement and memorandum of
understanding attached as Exhibits A, B, and C to this Resolution, enabling the
City’s participation in the Washington Distributor Settlement
Page 35 of 167
-----------------------------
Resolution No. 5682
September 6, 2022
Page 3 of 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures.
Dated and Signed this _____ day of _________, 2022.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Page 36 of 167
F-1
Exhibit F
Subdivision Settlement Participation Form
Governmental Entity: State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
Governmental Entity order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated May 2, 2022 Distributors Washington Settlement
undersigned authorized official, hereby elects to participate in the Distributors Washington
Settlement, release all Released Claims against all Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Distributors Washington
Settlement, including the Distributor Global Settlement Agreement dated July 21, 2021
Global Settlement Exhibit H,
understands that all terms in this Participation Form have the meanings defined therein,
and agrees that by signing this Participation Form, the Governmental Entity elects to
participate in the Distributors Washington Settlement and become a Participating
Subdivision as provided therein.
2.The Governmental Entity shall, within 14 days of October 1, 2022 and prior to the filing
of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that
it has filed.
4.The Governmental Entity agrees to the terms of the Distributors Washington Settlement
pertaining to Subdivisions as defined therein.
5.By agreeing to the terms of the Distributors Washington Settlement and becoming a
Releasor, the Governmental Entity is entitled to the benefits provided therein, including,
if applicable, monetary payments beginning after December 1, 2022.
6.The Governmental Entity agrees to use any monies it receives through the Distributors
Washington Settlement solely for the purposes provided therein.
7.The Governmental Entity submits to the jurisdiction of the Washington Consent
disputes to the extent provided in, the Distributors Washington Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in the
Distributors Washington Settlement.
Resolution No. 5682 Exhibit A
Page 37 of 167
F-2
8. The Governmental Entity has the right to enforce the Distributors Washington Settlement
as provided therein.
9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Distributors Washington Settlement, including, but not limited to, all
provisions of Section XI of the Global Settlement, and along with all departments,
agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a
release to the fullest extent of its authority. As a Releasor, the Governmental Entity
hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim,
or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the Distributors Washington Settlement are
intended by the Agreement Parties to be broad and shall be interpreted so as to give the
Released Entities the broadest possible bar against any liability relating in any way to
Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Distributors Washington Settlement shall be a complete bar to any
Released Claim.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributors Washington Settlement.
11. In connection with the releases provided for in the Distributors Washington Settlement,
each Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the date the Distributors Washington Settlement becomes
effective pursuant to Section II.B of the Distributors Washington Settlement, any and all
Released Claims that may exist as of such date but which Releasors do not know or
suspect to exist, whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would materially affect the Governmental
Resolution No. 5682 Exhibit A
Page 38 of 167
F-3
12. Nothing herein is intended to modify in any way the terms of the Distributors
Washington Settlement, to which Governmental Entity hereby agrees. To the extent this
Participation Form is worded differently from Exhibit F to the Distributors Washington
Settlement or interpreted differently from the Distributors Washington Settlement in any
respect, the Distributors Washington Settlement controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governmental Entity.
Signature: _____________________________
Name: ________________________________
Title: _________________________________
Date: _________________________________
Resolution No. 5682 Exhibit A
Page 39 of 167
Resolution No. 5682 Exhibit B
Page 40 of 167
Resolution No. 5682 Exhibit B
Page 41 of 167
Resolution No. 5682 Exhibit B
Page 42 of 167
Resolution No. 5682 Exhibit B
Page 43 of 167
Resolution No. 5682 Exhibit B
Page 44 of 167
Resolution No. 5682 Exhibit B
Page 45 of 167
Resolution No. 5682 Exhibit B
Page 46 of 167
Resolution No. 5682 Exhibit B
Page 47 of 167
Resolution No. 5682 Exhibit B
Page 48 of 167
1
ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN
WASHINGTON MUNICIPALITIES
Whereas, the people of the State of Washington and its communities have been harmed by
entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense
prescription opioids;
Whereas, certain Local Governments, through their elected representatives and counsel,
are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of
prescription opioids accountable for the damage they have caused to the Local Governments;
Whereas, Local Governments and elected officials share a common desire to abate and
alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain
throughout the State of Washington, and strive to ensure that principals of equity and equitable
service delivery are factors considered in the allocation and use of Opioid Funds; and
Whereas, certain Local Governments engaged in litigation and the other cities and counties
in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities
within the Pharmaceutical Supply Chain.
Now therefore, the Local Governments enter into this Memorandum of Understanding
(“MOU”) relating to the allocation and use of the proceeds of Settlements described.
A. Definitions
As used in this MOU:
1. “Allocation Regions” are the same geographic areas as the existing
nine (9) Washington State Accountable Community of Health (ACH) Regions
and have the purpose described in Section C below.
2. “Approved Purpose(s)” shall mean the strategies specified and set
forth in the Opioid Abatement Strategies attached as Exhibit A.
3. “Effective Date” shall mean the date on which a court of
competent jurisdiction enters the first Settlement by order or consent decree. The
Parties anticipate that more than one Settlement will be administered according to
the terms of this MOU, but that the first entered Settlement will trigger allocation
of Opioid Funds in accordance with Section B herein, and the formation of the
Opioid Abatement Councils in Section C.
4. “Litigating Local Government(s)” shall mean Local Governments
that filed suit against any Pharmaceutical Supply Chain Participant pertaining to
the Opioid epidemic prior to September 1, 2020.
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5.“Local Government(s)” shall mean all counties, cities, and towns
within the geographic boundaries of the State of Washington.
6.“National Settlement Agreements” means the national opioid
settlement agreements dated July 21, 2021 involving Johnson & Johnson, and
distributors AmerisourceBergen, Cardinal Health and McKesson as well as their
subsidiaries, affiliates, officers, and directors named in the National Settlement
Agreements, including all amendments thereto.
7.“Opioid Funds” shall mean monetary amounts obtained through a
Settlement as defined in this MOU.
8.“Opioid Abatement Council” shall have the meaning described in
Section C below.
9.“Participating Local Government(s)” shall mean all counties,
cities, and towns within the geographic boundaries of the State that have chosen
to sign on to this MOU. The Participating Local Governments may be referred to
separately in this MOU as “Participating Counties” and “Participating Cities and
Towns” (or “Participating Cities or Towns,” as appropriate) or “Parties.”
10.“Pharmaceutical Supply Chain” shall mean the process and
channels through which controlled substances are manufactured, marketed,
promoted, distributed, and/or dispensed, including prescription opioids.
11.“Pharmaceutical Supply Chain Participant” shall mean any entity
that engages in or has engaged in the manufacture, marketing, promotion,
distribution, and/or dispensing of a prescription opioid, including any entity that
has assisted in any of the above.
12.“Qualified Settlement Fund Account,” or “QSF Account,” shall
mean an account set up as a qualified settlement fund, 468b fund, as authorized by
Treasury Regulations 1.468B-1(c) (26 CFR §1.468B-1).
13.“Regional Agreements” shall mean the understanding reached by
the Participating Local Counties and Cities within an Allocation Region
governing the allocation, management, distribution of Opioid Funds within that
Allocation Region.
14.“Settlement” shall mean the future negotiated resolution of legal or
equitable claims against a Pharmaceutical Supply Chain Participant when that
resolution has been jointly entered into by the Participating Local
Governments. “Settlement” expressly does not include a plan of reorganization
confirmed under Title 11of the United States Code, irrespective of the extent to
which Participating Local Governments vote in favor of or otherwise support such
plan of reorganization.
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15.“Trustee” shall mean an independent trustee who shall be
responsible for the ministerial task of releasing Opioid Funds from a QSF account
to Participating Local Governments as authorized herein and accounting for all
payments into or out of the trust.
16.The “Washington State Accountable Communities of Health” or
“ACH” shall mean the nine (9) regions described in Section C below.
B.Allocation of Settlement Proceeds for Approved Purposes
1.All Opioid Funds shall be held in a QSF and distributed by the
Trustee, for the benefit of the Participating Local Governments, only in a manner
consistent with this MOU. Distribution of Opioid Funds will be subject to the
mechanisms for auditing and reporting set forth below to provide public
accountability and transparency.
2.All Opioid Funds, regardless of allocation, shall be utilized
pursuant to Approved Purposes as defined herein and set forth in Exhibit A.
Compliance with this requirement shall be verified through reporting, as set out in
this MOU.
3.The division of Opioid Funds shall first be allocated to
Participating Counties based on the methodology utilized for the Negotiation
Class in In Re: National Prescription Opiate Litigation, United States District
Court for the Northern District of Ohio, Case No. 1:17-md-02804-DAP. The
allocation model uses three equally weighted factors: (1) the amount of opioids
shipped to the county; (2) the number of opioid deaths that occurred in that
county; and (3) the number of people who suffer opioid use disorder in that
county. The allocation percentages that result from application of this
methodology are set forth in the “County Total” line item in Exhibit B. In the
event any county does not participate in this MOU, that county’s percentage share
shall be reallocated proportionally amongst the Participating Counties by applying
this same methodology to only the Participating Counties.
4.Allocation and distribution of Opioid Funds within each
Participating County will be based on regional agreements as described in
Section C.
C.Regional Agreements
1.For the purpose of this MOU, the regional structure for decision-
making related to opioid fund allocation will be based upon the nine (9) pre-
defined Washington State Accountable Community of Health Regions (Allocation
Regions). Reference to these pre-defined regions is solely for the purpose of
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drawing geographic boundaries to facilitate regional agreements for use of Opioid
Funds. The Allocation Regions are as follows:
King County (Single County Region)
Pierce County (Single County Region)
Olympic Community of Health Region (Clallam, Jefferson, and Kitsap
Counties)
Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis,
Mason, Pacific, Thurston, Lewis, and Wahkiakum Counties)
North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom
Counties)
SouthWest Region (Clark, Klickitat, and Skamania Counties)
Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Walla Walla, Whitman, and Yakima Counties)
Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and
Stevens Counties)
North Central Region (Chelan, Douglas, Grant, and Okanogan Counties)
2.Opioid Funds will be allocated, distributed and managed within
each Allocation Region, as determined by its Regional Agreement as set forth
below. If an Allocation Region does not have a Regional Agreement enumerated
in this MOU, and does not subsequently adopt a Regional Agreement per Section
C.5, the default mechanism for allocation, distribution and management of Opioid
Funds described in Section C.4.a will apply. Each Allocation Region must have
an OAC whose composition and responsibilities shall be defined by Regional
Agreement or as set forth in Section C.4.
3.King County’s Regional Agreement is reflected in Exhibit C to this
MOU.
4.All other Allocation Regions that have not specified a Regional
Agreement for allocating, distributing and managing Opioid Funds, will apply
the following default methodology:
a. Opioid Funds shall be allocated within each Allocation Region by
taking the allocation for a Participating County from Exhibit B and
apportioning those funds between that Participating County and its
Participating Cities and Towns. Exhibit B also sets forth the allocation to
the Participating Counties and the Participating Cities or Towns within the
Counties based on a default allocation formula. As set forth above in
Section B.3, to determine the allocation to a county, this formula utilizes:
(1) the amount of opioids shipped to the county; (2) the number of opioid
deaths that occurred in that county; and (3) the number of people who
suffer opioid use disorder in that county. To determine the allocation
within a county, the formula utilizes historical federal data showing how
the specific Counties and the Cities and Towns within the Counties have
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made opioids epidemic-related expenditures in the past. This is the same
methodology used in the National Settlement Agreements for county and
intra-county allocations. A Participating County, and the Cities and Towns
within it may enter into a separate intra-county allocation agreement to
modify how the Opioid Funds are allocated amongst themselves, provided
the modification is in writing and agreed to by all Participating Local
Governments in the County. Such an agreement shall not modify any of
the other terms or requirements of this MOU.
b.10% of the Opioid Funds received by the Region will be reserved,
on an annual basis, for administrative costs related to the OAC. The OAC
will provide an annual accounting for actual costs and any reserved funds
that exceed actual costs will be reallocated to Participating Local
Governments within the Region.
c.Cities and towns with a population of less than 10,000 shall be
excluded from the allocation, with the exception of cities and towns that
are Litigating Participating Local Governments. The portion of the Opioid
Funds that would have been allocated to a city or town with a population
of less than 10,000 that is not a Litigating Participating Local Government
shall be redistributed to Participating Counties in the manner directed
in C.4.a above.
d.Each Participating County, City, or Town may elect to have its
share re-allocated to the OAC in which it is located. The OAC will then
utilize this share for the benefit of Participating Local Governments within
that Allocation Region, consistent with the Approved Purposes set forth in
Exhibit A. A Participating Local Government’s election to forego its
allocation of Opioid Funds shall apply to all future allocations unless the
Participating Local Government notifies its respective OAC otherwise. If a
Participating Local Government elects to forego its allocation of the
Opioid Funds, the Participating Local Government shall be excused from
the reporting requirements set forth in this Agreement.
e.Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds, provided the Opioid Funds are used solely for
Approved Purposes. Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not
exceed actual costs or 10% of the Participating Local Government’s
allocation of Opioid Funds, whichever is less.
f.A Local Government that chooses not to become a Participating
Local Government will not receive a direct allocation of Opioid Funds.
The portion of the Opioid Funds that would have been allocated to a Local
Government that is not a Participating Local Government shall be
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redistributed to Participating Counties in the manner directed
in C.4.a above.
g.As a condition of receiving a direct payment, each Participating
Local Government that receives a direct payment agrees to undertake the
following actions:
i. Developing a methodology for obtaining proposals for use
of Opioid Funds.
ii. Ensuring there is opportunity for community-based input
on priorities for Opioid Fund programs and services.
iii. Receiving and reviewing proposals for use of Opioid Funds
for Approved Purposes.
iv. Approving or denying proposals for use of Opioid
Funds for Approved Purposes.
v. Receiving funds from the Trustee for approved proposals
and distributing the Opioid Funds to the recipient.
vi. Reporting to the OAC and making publicly available all
decisions on Opioid Fund allocation applications,
distributions and expenditures.
h.Prior to any distribution of Opioid Funds within the Allocation
Region, The Participating Local Governments must establish an Opioid
Abatement Council (OAC) to oversee Opioid Fund allocation,
distribution, expenditures and dispute resolution. The OAC may be a
preexisting regional body or may be a new body created for purposes of
executing the obligations of this MOU.
i.The OAC for each Allocation Region shall be composed of
representation from both Participating Counties and Participating Towns
or Cities within the Region. The method of selecting members, and the
terms for which they will serve will be determined by the Allocation
Region’s Participating Local Governments. All persons who serve on the
OAC must have work or educational experience pertaining to one or more
Approved Uses.
j.The Regional OAC will be responsible for the following actions:
i. Overseeing distribution of Opioid Funds from Participating
Local Governments to programs and services within the
Allocation Region for Approved Purposes.
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ii. Annual review of expenditure reports from
Participating Local Jurisdictions within the Allocation
Region for compliance with Approved Purposes and the
terms of this MOU and any Settlement.
iii. In the case where Participating Local Governments chose
to forego their allocation of Opioid Funds:
(i) Approving or denying proposals by Participating Local
Governments or community groups to the OAC for use of
Opioid Funds within the Allocation Region.
(ii) Directing the Trustee to distribute Opioid Funds for use
by Participating Local Governments or community groups
whose proposals are approved by the OAC.
(iii) Administrating and maintaining records of all OAC
decisions and distributions of Opioid Funds.
iv. Reporting and making publicly available all decisions on
Opioid Fund allocation applications, distributions and
expenditures by the OAC or directly by Participating Local
Governments.
v. Developing and maintaining a centralized public dashboard
or other repository for the publication of expenditure data
from any Participating Local Government that receives
Opioid Funds, and for expenditures by the OAC in that
Allocation Region, which it shall update at least annually.
vi. If necessary, requiring and collecting additional outcome-
related data from Participating Local Governments to
evaluate the use of Opioid Funds, and all Participating
Local Governments shall comply with such requirements.
vii. Hearing complaints by Participating Local Governments
within the Allocation Region regarding alleged failure to
(1) use Opioid Funds for Approved Purposes or (2) comply
with reporting requirements.
5. Participating Local Governments may agree and elect to share,
pool, or collaborate with their respective allocation of Opioid Funds in any
manner they choose by adopting a Regional Agreement, so long as such
sharing, pooling, or collaboration is used for Approved Purposes and
complies with the terms of this MOU and any Settlement.
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6. Nothing in this MOU should alter or change any Participating
Local Government’s rights to pursue its own claim. Rather, the intent of
this MOU is to join all parties who wish to be Participating Local
Governments to agree upon an allocation formula for any Opioid Funds
from any future binding Settlement with one or more Pharmaceutical
Supply Chain Participants for all Local Governments in the State of
Washington.
7. If any Participating Local Government disputes the amount it
receives from its allocation of Opioid Funds, the Participating Local
Government shall alert its respective OAC within sixty (60) days of
discovering the information underlying the dispute. Failure to alert its
OAC within this time frame shall not constitute a waiver of the
Participating Local Government’s right to seek recoupment of any
deficiency in its allocation of Opioid Funds.
8. If any OAC concludes that a Participating Local Government’s
expenditure of its allocation of Opioid Funds did not comply with the
Approved Purposes listed in Exhibit A, or the terms of this MOU, or that
the Participating Local Government otherwise misused its allocation of
Opioid Funds, the OAC may take remedial action against the alleged
offending Participating Local Government. Such remedial action is left to
the discretion of the OAC and may include withholding future Opioid
Funds owed to the offending Participating Local Government or requiring
the offending Participating Local Government to reimburse improperly
expended Opioid Funds back to the OAC to be re-allocated to the
remaining Participating Local Governments within that Region.
9. All Participating Local Governments and OAC shall maintain all
records related to the receipt and expenditure of Opioid Funds for no less
than five (5) years and shall make such records available for review by
any other Participating Local Government or OAC, or the public. Records
requested by the public shall be produced in accordance with
Washington’s Public Records Act RCW 42.56.001 et seq. Records
requested by another Participating Local Government or an OAC shall be
produced within twenty-one (21) days of the date the record request was
received. This requirement does not supplant any Participating Local
Government or OAC’s obligations under Washington’s Public Records
Act RCW 42.56.001 et seq.
D.Payment of Counsel and Litigation Expenses
1.The Litigating Local Governments have incurred attorneys’ fees
and litigation expenses relating to their prosecution of claims against the
Pharmaceutical Supply Chain Participants, and this prosecution has inured to the
benefit of all Participating Local Governments. Accordingly, a Washington
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Government Fee Fund (“GFF”) shall be established that ensures that all Parties
that receive Opioid Funds contribute to the payment of fees and expenses incurred
to prosecute the claims against the Pharmaceutical Supply Chain Participants,
regardless of whether they are litigating or non-litigating entities.
2.The amount of the GFF shall be based as follows: the funds to be
deposited in the GFF shall be equal to 15% of the total cash value of the Opioid
Funds.
3.The maximum percentage of any contingency fee agreement
permitted for compensation shall be 15% of the portion of the Opioid Funds
allocated to the Litigating Local Government that is a party to the contingency fee
agreement, plus expenses attributable to that Litigating Local Government. Under
no circumstances may counsel collect more for its work on behalf of a Litigating
Local Government than it would under its contingency agreement with that
Litigating Local Government.
4.Payments from the GFF shall be overseen by a committee (the
“Opioid Fee and Expense Committee”) consisting of one representative of the
following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol
Shapiro LLP; (c) Goldfarb & Huck Roth Riojas, PLLC; and (d) Napoli Shkolnik
PLLC. The role of the Opioid Fee and Expense Committee shall be limited to
ensuring that the GFF is administered in accordance with this Section.
5.In the event that settling Pharmaceutical Supply Chain Participants
do not pay the fees and expenses of the Participating Local Governments directly
at the time settlement is achieved, payments to counsel for Participating Local
Governments shall be made from the GFF over not more than three years, with
50% paid within 12 months of the date of Settlement and 25% paid in each
subsequent year, or at the time the total Settlement amount is paid to the Trustee
by the Defendants, whichever is sooner.
6.Any funds remaining in the GFF in excess of: (i) the amounts
needed to cover Litigating Local Governments’ private counsel’s representation
agreements, and (ii) the amounts needed to cover the common benefit tax
discussed in Section C.8 below (if not paid directly by the Defendants in
connection with future settlement(s), shall revert to the Participating Local
Governments pro rata according to the percentages set forth in Exhibits B, to be
used for Approved Purposes as set forth herein and in Exhibit A.
7.In the event that funds in the GFF are not sufficient to pay all fees
and expenses owed under this Section, payments to counsel for all Litigating
Local Governments shall be reduced on a pro rata basis. The Litigating Local
Governments will not be responsible for any of these reduced amounts.
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8.The Parties anticipate that any Opioid Funds they receive will be
subject to a common benefit “tax” imposed by the court in In Re: National
Prescription Opiate Litigation, United States District Court for the Northern
District of Ohio, Case No. 1:17-md-02804-DAP (“Common Benefit Tax”). If this
occurs, the Participating Local Governments shall first seek to have the settling
defendants pay the Common Benefit Tax. If the settling defendants do not agree
to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid
from the Opioid Funds and by both litigating and non-litigating Local
Governments. This payment shall occur prior to allocation and distribution of
funds to the Participating Local Governments. In the event that GFF is not fully
exhausted to pay the Litigating Local Governments’ private counsel’s
representation agreements, excess funds in the GFF shall be applied to pay the
Common Benefit Tax (if any).
E.General Terms
1.If any Participating Local Government believes another
Participating Local Government, not including the Regional Abatement Advisory
Councils, violated the terms of this MOU, the alleging Participating Local
Government may seek to enforce the terms of this MOU in the court in which any
applicable Settlement(s) was entered, provided the alleging Participating Local
Government first provides the alleged offending Participating Local Government
notice of the alleged violation(s) and a reasonable opportunity to cure the alleged
violation(s). In such an enforcement action, any alleging Participating Local
Government or alleged offending Participating Local Government may be
represented by their respective public entity in accordance with Washington law.
2.Nothing in this MOU shall be interpreted to waive the right of any
Participating Local Government to seek judicial relief for conduct occurring
outside the scope of this MOU that violates any Washington law. In such an
action, the alleged offending Participating Local Government, including the
Regional Abatement Advisory Councils, may be represented by their respective
public entities in accordance with Washington law. In the event of a conflict, any
Participating Local Government, including the Regional Abatement Advisory
Councils and its Members, may seek outside representation to defend itself
against such an action.
3.Venue for any legal action related to this MOU shall be in the
court in which the Participating Local Government is located or in accordance
with the court rules on venue in that jurisdiction. This provision is not intended to
expand the court rules on venue.
4.This MOU may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the
same instrument. The Participating Local Governments approve the use of
electronic signatures for execution of this MOU. All use of electronic signatures
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shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-
101, et seq. The Parties agree not to deny the legal effect or enforceability of the
MOU solely because it is in electronic form or because an electronic record was
used in its formation. The Participating Local Government agree not to object to
the admissibility of the MOU in the form of an electronic record, or a paper copy
of an electronic document, or a paper copy of a document bearing an electronic
signature, on the grounds that it is an electronic record or electronic signature or
that it is not in its original form or is not an original.
5.Each Participating Local Government represents that all
procedures necessary to authorize such Participating Local Government’s
execution of this MOU have been performed and that the person signing for such
Party has been authorized to execute the MOU.
[Remainder of Page Intentionally Left Blank – Signature Pages Follow]
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This One Washington Memorandum of Understanding Between Washington
Municipalities is signed this _____ day of ___________________, 2022 by:
_______________________________________________
Name & Title ___________________________________
On behalf of ____________________________________
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EXHIBIT A
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O P I O I D A B A T E M E N T S T R A T E G I E S
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use
Disorder or Mental Health (SUD/MH) conditions, co-usage, and/or co-addiction through
evidence-based, evidence-informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
co-usage, and/or co-addiction, including all forms of Medication-Assisted Treatment
(MAT) approved by the U.S. Food and Drug Administration.
2. Support and reimburse services that include the full American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, including but not limited to:
a. Medication-Assisted Treatment (MAT);
b. Abstinence-based treatment;
c. Treatment, recovery, or other services provided by states, subdivisions,
community health centers; non-for-profit providers; or for-profit providers;
d. Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions, co-usage, and/or co-addiction; or
e. Evidence-informed residential services programs, as noted below.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, including MAT, as well as
counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based,
evidence-informed, or promising practices such as adequate methadone dosing.
5. Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction and
for persons who have experienced an opioid overdose.
6. Support treatment of mental health trauma resulting from the traumatic experiences of
the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood
experiences) and family members (e.g., surviving family members after an overdose
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2
or overdose fatality), and training of health care personnel to identify and address such
trauma.
7.Support detoxification (detox) and withdrawal management services for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including medical detox, referral to treatment, or connections to other services or
supports.
8.Support training on MAT for health care providers, students, or other supporting
professionals, such as peer recovery coaches or recovery outreach specialists,
including telementoring to assist community-based providers in rural or underserved
areas.
9.Support workforce development for addiction professionals who work with persons
with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
10.Provide fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11.Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.
12.Support the dissemination of web-based training curricula, such as the American
Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-
based training curriculum and motivational interviewing.
13. Support the development and dissemination of new curricula, such as the American
Academy of Addiction Psychiatry’s Provider Clinical Support Service for
Medication-Assisted Treatment.
B.SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in treatment for and recovery from OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction through evidence-based, evidence-informed, or
promising programs or strategies that may include, but are not limited to, the following:
1.Provide the full continuum of care of recovery services for OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, including supportive housing,
residential treatment, medical detox services, peer support services and counseling,
community navigators, case management, and connections to community-based
services.
2.Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
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3.Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, including supportive housing, recovery
housing, housing assistance programs, or training for housing providers.
4.Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction.
5.Support or expand peer-recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
6.Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-
addiction.
7.Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and
capacity of high-quality programs to help those in recovery.
8.Engage non-profits, faith-based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
manage the opioid user in the family.
9.Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to current and recovering opioid users,
including reducing stigma.
10.Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
C.CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have – or are at risk of developing – OUD and
any co-occurring SUD/MH conditions, co-usage, and/or co-addiction through evidence-
based, evidence-informed, or promising programs or strategies that may include, but are not
limited to, the following:
1.Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.
2.Support Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to
reduce the transition from use to disorders.
3.Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
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4.Purchase automated versions of SBIRT and support ongoing costs of the technology.
5.Support training for emergency room personnel treating opioid overdose patients on
post-discharge planning, including community referrals for MAT, recovery case
management or support services.
6.Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, or persons who have experienced
an opioid overdose, into community treatment or recovery services through a bridge
clinic or similar approach.
7.Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction or persons that have experienced an opioid overdose.
8.Support the work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid-related adverse event.
9.Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar settings;
offer services, supports, or connections to care to persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction or to persons who have
experienced an opioid overdose.
10.Provide funding for peer navigators, recovery coaches, care coordinators, or care
managers that offer assistance to persons with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction or to persons who have experienced on
opioid overdose.
11.Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
12.Develop and support best practices on addressing OUD in the workplace.
13.Support assistance programs for health care providers with OUD.
14.Engage non-profits and the faith community as a system to support outreach for
treatment.
15.Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
16.Create or support intake and call centers to facilitate education and access to
treatment, prevention, and recovery services for persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction.
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5
17.Develop or support a National Treatment Availability Clearinghouse – a
multistate/nationally accessible database whereby health care providers can list
locations for currently available in-patient and out-patient OUD treatment services
that are accessible on a real-time basis by persons who seek treatment.
D.ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction who are involved – or are at risk of becoming involved – in the
criminal justice system through evidence-based, evidence-informed, or promising programs
or strategies that may include, but are not limited to, the following:
1.Support pre-arrest or post-arrest diversion and deflection strategies for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including established strategies such as:
a.Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (PAARI);
b.Active outreach strategies such as the Drug Abuse Response Team (DART)
model;
c.“Naloxone Plus” strategies, which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to
treatment programs or other appropriate services;
d.Officer prevention strategies, such as the Law Enforcement Assisted Diversion
(LEAD) model;
e.Officer intervention strategies such as the Leon County, Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative;
f.Co-responder and/or alternative responder models to address OUD-related 911
calls with greater SUD expertise and to reduce perceived barriers associated with
law enforcement 911 responses; or
g.County prosecution diversion programs, including diversion officer salary, only
for counties with a population of 50,000 or less. Any diversion services in matters
involving opioids must include drug testing, monitoring, or treatment.
2.Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction to evidence-informed treatment,
including MAT, and related services.
3.Support treatment and recovery courts for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, but only if these courts provide
referrals to evidence-informed treatment, including MAT.
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6
4.Provide evidence-informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction who are incarcerated in jail or prison.
5.Provide evidence-informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction who are leaving jail or prison have recently
left jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6.Support critical time interventions (CTI), particularly for individuals living with dual-
diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional settings.
7.Provide training on best practices for addressing the needs of criminal-justice-
involved persons with OUD and any co-occurring SUD/MH conditions, co-usage,
and/or co-addiction to law enforcement, correctional, or judicial personnel or to
providers of treatment, recovery, case management, or other services offered in
connection with any of the strategies described in this section.
E.ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, and the needs of their families, including
babies with neonatal abstinence syndrome, through evidence-based, evidence-informed, or
promising programs or strategies that may include, but are not limited to, the following:
1.Support evidence-based, evidence-informed, or promising treatment, including MAT,
recovery services and supports, and prevention services for pregnant women – or
women who could become pregnant – who have OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2.Provide training for obstetricians or other healthcare personnel that work with
pregnant women and their families regarding treatment of OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
3.Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan
of safe care.
4.Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
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7
5.Offer enhanced family supports and home-based wrap-around services to persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including but not limited to parent skills training.
6.Support for Children’s Services – Fund additional positions and services, including
supportive housing and other residential services, relating to children being removed
from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F.PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing
of opioids through evidence-based, evidence-informed, or promising programs or strategies
that may include, but are not limited to, the following:
1.Training for health care providers regarding safe and responsible opioid prescribing,
dosing, and tapering patients off opioids.
2.Academic counter-detailing to educate prescribers on appropriate opioid prescribing.
3.Continuing Medical Education (CME) on appropriate prescribing of opioids.
4.Support for non-opioid pain treatment alternatives, including training providers to
offer or refer to multi-modal, evidence-informed treatment of pain.
5.Support enhancements or improvements to Prescription Drug Monitoring Programs
(PDMPs), including but not limited to improvements that:
a.Increase the number of prescribers using PDMPs;
b.Improve point-of-care decision-making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs or by improving the
interface that prescribers use to access PDMP data, or both; or
c.Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified
within PDMP data as likely to experience OUD.
6.Development and implementation of a national PDMP – Fund development of a
multistate/national PDMP that permits information sharing while providing
appropriate safeguards on sharing of private health information, including but not
limited to:
a.Integration of PDMP data with electronic health records, overdose episodes,
and decision support tools for health care providers relating to OUD.
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8
b.Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency
Medical Technician overdose database.
7.Increase electronic prescribing to prevent diversion or forgery.
8.Educate Dispensers on appropriate opioid dispensing.
G.PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based, evidence-
informed, or promising programs or strategies that may include, but are not limited to, the
following:
1.Corrective advertising or affirmative public education campaigns based on evidence.
2.Public education relating to drug disposal.
3.Drug take-back disposal or destruction programs.
4.Fund community anti-drug coalitions that engage in drug prevention efforts.
5.Support community coalitions in implementing evidence-informed prevention, such
as reduced social access and physical access, stigma reduction – including staffing,
educational campaigns, support for people in treatment or recovery, or training of
coalitions in evidence-informed implementation, including the Strategic Prevention
Framework developed by the U.S. Substance Abuse and Mental Health Services
Administration (SAMHSA).
6.Engage non-profits and faith-based communities as systems to support prevention.
7.Support evidence-informed school and community education programs and
campaigns for students, families, school employees, school athletic programs, parent-
teacher and student associations, and others.
8.School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in preventing
the uptake and use of opioids.
9.Support community-based education or intervention services for families, youth, and
adolescents at risk for OUD and any co-occurring SUD/MH conditions, co-usage,
and/or co-addiction.
10.Support evidence-informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
11.Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses or other school staff, to
Resolution No. 5682 Exhibit C
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9
address mental health needs in young people that (when not properly addressed)
increase the risk of opioid or other drug misuse.
H.PREVENT OVERDOSE DEATHS AND OTHER HARMS
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through
evidence-based, evidence-informed, or promising programs or strategies that may include,
but are not limited to, the following:
1.Increase availability and distribution of naloxone and other drugs that treat overdoses
for first responders, overdose patients, opioid users, families and friends of opioid
users, schools, community navigators and outreach workers, drug offenders upon
release from jail/prison, or other members of the general public.
2.Provision by public health entities of free naloxone to anyone in the community,
including but not limited to provision of intra-nasal naloxone in settings where other
options are not available or allowed.
3.Training and education regarding naloxone and other drugs that treat overdoses for
first responders, overdose patients, patients taking opioids, families, schools, and
other members of the general public.
4.Enable school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5.Expand, improve, or develop data tracking software and applications for
overdoses/naloxone revivals.
6.Public education relating to emergency responses to overdoses.
7.Public education relating to immunity and Good Samaritan laws.
8.Educate first responders regarding the existence and operation of immunity and Good
Samaritan laws.
9.Expand access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
10.Support mobile units that offer or provide referrals to treatment, recovery supports,
health care, or other appropriate services to persons that use opioids or persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
11.Provide training in treatment and recovery strategies to health care providers,
students, peer recovery coaches, recovery outreach specialists, or other professionals
that provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction.
12.Support screening for fentanyl in routine clinical toxicology testing.
Resolution No. 5682 Exhibit C
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10
PART THREE: OTHER STRATEGIES
I.FIRST RESPONDERS
In addition to items C8, D1 through D7, H1, H3, and H8, support the following:
1.Current and future law enforcement expenditures relating to the opioid epidemic.
2.Educate law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl or other drugs.
J.LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic
through activities, programs, or strategies that may include, but are not limited to, the
following:
1.Community regional planning to identify goals for reducing harms related to the
opioid epidemic, to identify areas and populations with the greatest needs for
treatment intervention services, or to support other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
2.A government dashboard to track key opioid-related indicators and supports as
identified through collaborative community processes.
3.Invest in infrastructure or staffing at government or not-for-profit agencies to support
collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MH conditions, co-usage, and/or co-addiction, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to
abate the opioid epidemic described in this opioid abatement strategy list.
4.Provide resources to staff government oversight and management of opioid abatement
programs.
K.TRAINING
In addition to the training referred to in various items above, support training to abate the
opioid epidemic through activities, programs, or strategies that may include, but are not
limited to, the following:
1.Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not-for-profit entities to abate the opioid
crisis.
2.Invest in infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction, or implement other
Resolution No. 5682 Exhibit C
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11
strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g., health care, primary care, pharmacies, PDMPs, etc.).
L.RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1.Monitoring, surveillance, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2.Research non-opioid treatment of chronic pain.
3.Research on improved service delivery for modalities such as SBIRT that demonstrate
promising but mixed results in populations vulnerable to opioid use disorders.
4.Research on innovative supply-side enforcement efforts such as improved detection of
mail-based delivery of synthetic opioids.
5.Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g. Hawaii HOPE and Dakota 24/7).
6.Research on expanded modalities such as prescription methadone that can expand
access to MAT.
Resolution No. 5682 Exhibit C
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EXHIBIT B
Resolution No. 5682 Exhibit C
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EXHIBIT B
Local
County Government % Allocation
Adams County
Adams County 0.1638732475%
Hatton
Lind
Othello
Ritzville
Washtucna
County Total:0.1638732475%
Asotin County
Asotin County 0.4694498386%
Asotin
Clarkston
County Total:0.4694498386%
Benton County
Benton County 1.4848831892%
Benton City
Kennewick 0.5415650564%
Prosser
Richland 0.4756779517%
West Richland 0.0459360490%
County Total:2.5480622463%
Chelan County
Chelan County 0.7434914485%
Cashmere
Chelan
Entiat
Leavenworth
Wenatchee 0.2968333494%
County Total:1.0403247979%
Clallam County
Clallam County 1.3076983401%
Forks
Port Angeles 0.4598370527%
Sequim
County Total:1.7675353928%
*** - Local Government appears in multiple counties B-1 Resolution No. 5682 Exhibit C
Page 74 of 167
EXHIBIT B
Local
County Government % Allocation
Clark County
Clark County 4.5149775326%
Battle Ground 0.1384729857%
Camas 0.2691592724%
La Center
Ridgefield
Vancouver 1.7306605325%
Washougal 0.1279328220%
Woodland***
Yacolt
County Total:6.7812031452%
Columbia County
Columbia County 0.0561699537%
Dayton
Starbuck
County Total:0.0561699537%
Cowlitz County
Cowlitz County 1.7226945990%
Castle Rock
Kalama
Kelso 0.1331145270%
Longview 0.6162736905%
Woodland***
County Total:2.4720828165%
Douglas County
Douglas County 0.3932175175%
Bridgeport
Coulee Dam***
East Wenatchee 0.0799810865%
Mansfield
Rock Island
Waterville
County Total:0.4731986040%
Ferry County
Ferry County 0.1153487994%
Republic
County Total:0.1153487994%
*** - Local Government appears in multiple counties B-2 Resolution No. 5682 Exhibit C
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EXHIBIT B
Local
County Government % Allocation
Franklin County
Franklin County 0.3361237144%
Connell
Kahlotus
Mesa
Pasco 0.4278056066%
County Total:0.7639293210%
Garfield County
Garfield County 0.0321982209%
Pomeroy
County Total:0.0321982209%
Grant County
Grant County 0.9932572167%
Coulee City
Coulee Dam***
Electric City
Ephrata
George
Grand Coulee
Hartline
Krupp
Mattawa
Moses Lake 0.2078293909%
Quincy
Royal City
Soap Lake
Warden
Wilson Creek
County Total:1.2010866076%
*** - Local Government appears in multiple counties B-3 Resolution No. 5682 Exhibit C
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EXHIBIT B
Local
County Government % Allocation
Grays Harbor County
Grays Harbor County 0.9992429138%
Aberdeen 0.2491525333%
Cosmopolis
Elma
Hoquiam
McCleary
Montesano
Oakville
Ocean Shores
Westport
County Total:1.2483954471%
Island County
Island County 0.6820422610%
Coupeville
Langley
Oak Harbor 0.2511550431%
County Total:0.9331973041%
Jefferson County
Jefferson County 0.4417137380%
Port Townsend
County Total:0.4417137380%
*** - Local Government appears in multiple counties B-4 Resolution No. 5682 Exhibit C
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EXHIBIT B
Local
County Government % Allocation
King County
King County 13.9743722662%
Algona
Auburn***0.2622774917%
Beaux Arts Village
Bellevue 1.1300592573%
Black Diamond
Bothell***0.1821602716%
Burien 0.0270962921%
Carnation
Clyde Hill
Covington 0.0118134406%
Des Moines 0.1179764526%
Duvall
Enumclaw***0.0537768326%
Federal Way 0.3061452240%
Hunts Point
Issaquah 0.1876240107%
Kenmore 0.0204441024%
Kent 0.5377397676%
Kirkland 0.5453525246%
Lake Forest Park 0.0525439124%
Maple Valley 0.0093761587%
Medina
Mercer Island 0.1751797481%
Milton***
Newcastle 0.0033117880%
Normandy Park
North Bend
Pacific***
Redmond 0.4839486007%
Renton 0.7652626920%
Sammamish 0.0224369090%
SeaTac 0.1481551278%
Seattle 6.6032403816%
Shoreline 0.0435834501%
Skykomish
Snoqualmie 0.0649164481%
Tukwila 0.3032205739%
Woodinville 0.0185516364%
Yarrow Point
County Total:26.0505653608%
*** - Local Government appears in multiple counties B-5 Resolution No. 5682 Exhibit C
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EXHIBIT B
Local
County Government % Allocation
Kitsap County
Kitsap County 2.6294133668%
Bainbridge Island 0.1364686014%
Bremerton 0.6193374389%
Port Orchard 0.1009497162%
Poulsbo 0.0773748246%
County Total:3.5635439479%
Kittitas County
Kittitas County 0.3855704683%
Cle Elum
Ellensburg 0.0955824915%
Kittitas
Roslyn
South Cle Elum
County Total:0.4811529598%
Klickitat County
Klickitat County 0.2211673457%
Bingen
Goldendale
White Salmon
County Total:0.2211673457%
Lewis County
Lewis County 1.0777377479%
Centralia 0.1909990353%
Chehalis
Morton
Mossyrock
Napavine
Pe Ell
Toledo
Vader
Winlock
County Total:1.2687367832%
*** - Local Government appears in multiple counties B-6 Resolution No. 5682 Exhibit C
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EXHIBIT B
Local
County Government % Allocation
Lincoln County
Lincoln County 0.1712669645%
Almira
Creston
Davenport
Harrington
Odessa
Reardan
Sprague
Wilbur
County Total:0.1712669645%
Mason County
Mason County 0.8089918012%
Shelton 0.1239179888%
County Total:0.9329097900%
Okanogan County
Okanogan County 0.6145043345%
Brewster
Conconully
Coulee Dam***
Elmer City
Nespelem
Okanogan
Omak
Oroville
Pateros
Riverside
Tonasket
Twisp
Winthrop
County Total:0.6145043345%
Pacific County
Pacific County 0.4895416466%
Ilwaco
Long Beach
Raymond
South Bend
County Total:0.4895416466%
*** - Local Government appears in multiple counties B-7 Resolution No. 5682 Exhibit C
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EXHIBIT B
Local
County Government % Allocation
Pend Oreille County
Pend Oreille County 0.2566374940%
Cusick
Ione
Metaline
Metaline Falls
Newport
County Total:0.2566374940%
Pierce County
Pierce County 7.2310164020%
Auburn***0.0628522112%
Bonney Lake 0.1190773864%
Buckley
Carbonado
DuPont
Eatonville
Edgewood 0.0048016791%
Enumclaw***0.0000000000%
Fife 0.1955185481%
Fircrest
Gig Harbor 0.0859963345%
Lakewood 0.5253640894%
Milton***
Orting
Pacific***
Puyallup 0.3845704814%
Roy
Ruston
South Prairie
Steilacoom
Sumner 0.1083157569%
Tacoma 3.2816374617%
University Place 0.0353733363%
Wilkeson
County Total:12.0345236870%
San Juan County
San Juan County 0.2101495171%
Friday Harbor
County Total:0.2101495171%
*** - Local Government appears in multiple counties B-8 Resolution No. 5682 Exhibit C
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EXHIBIT B
Local
County Government % Allocation
Skagit County
Skagit County 1.0526023961%
Anacortes 0.1774962906%
Burlington 0.1146861661%
Concrete
Hamilton
La Conner
Lyman
Mount Vernon 0.2801063665%
Sedro-Woolley 0.0661146351%
County Total:1.6910058544%
Skamania County
Skamania County 0.1631931925%
North Bonneville
Stevenson
County Total:0.1631931925%
Snohomish County
Snohomish County 6.9054415622%
Arlington 0.2620524080%
Bothell***0.2654558588%
Brier
Darrington
Edmonds 0.3058936009%
Everett 1.9258363241%
Gold Bar
Granite Falls
Index
Lake Stevens 0.1385202891%
Lynnwood 0.7704629214%
Marysville 0.3945067827%
Mill Creek 0.1227939546%
Monroe 0.1771621898%
Mountlake Terrace 0.2108935805%
Mukilteo 0.2561790702%
Snohomish 0.0861097964%
Stanwood
Sultan
Woodway
County Total:11.8213083387%
*** - Local Government appears in multiple counties B-9 Resolution No. 5682 Exhibit C
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EXHIBIT B
Local
County Government % Allocation
Spokane County
Spokane County 5.5623859292%
Airway Heights
Cheney 0.1238454349%
Deer Park
Fairfield
Latah
Liberty Lake 0.0389636519%
Medical Lake
Millwood
Rockford
Spangle
Spokane 3.0872078287%
Spokane Valley 0.0684217500%
Waverly
County Total:8.8808245947%
Stevens County
Stevens County 0.7479240179%
Chewelah
Colville
Kettle Falls
Marcus
Northport
Springdale
County Total:0.7479240179%
Thurston County
Thurston County 2.3258492094%
Bucoda
Lacey 0.2348627221%
Olympia 0.6039423385%
Rainier
Tenino
Tumwater 0.2065982350%
Yelm
County Total:3.3712525050%
Wahkiakum County
Wahkiakum County 0.0596582197%
Cathlamet
County Total:0.0596582197%
*** - Local Government appears in multiple counties B-10 Resolution No. 5682 Exhibit C
Page 83 of 167
EXHIBIT B
Local
County Government % Allocation
Walla Walla County
Walla Walla County 0.5543870294%
College Place
Prescott
Waitsburg
Walla Walla 0.3140768654%
County Total:0.8684638948%
Whatcom County
Whatcom County 1.3452637306%
Bellingham 0.8978614577%
Blaine
Everson
Ferndale 0.0646101891%
Lynden 0.0827115612%
Nooksack
Sumas
County Total:2.3904469386%
Whitman County
Whitman County 0.2626805837%
Albion
Colfax
Colton
Endicott
Farmington
Garfield
LaCrosse
Lamont
Malden
Oakesdale
Palouse
Pullman 0.2214837491%
Rosalia
St. John
Tekoa
Uniontown
County Total:0.4841643328%
*** - Local Government appears in multiple counties B-11 Resolution No. 5682 Exhibit C
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EXHIBIT B
Local
County Government % Allocation
Yakima County
Yakima County 1.9388392959%
Grandview 0.0530606109%
Granger
Harrah
Mabton
Moxee
Naches
Selah
Sunnyside 0.1213478384%
Tieton
Toppenish
Union Gap
Wapato
Yakima 0.6060410539%
Zillah
County Total:2.7192887991%
*** - Local Government appears in multiple counties B-12 Resolution No. 5682 Exhibit C
Page 85 of 167
Exhibit C
Resolution No. 5682 Exhibit C
Page 86 of 167
KING COUNTY REGIONAL AGREEMENT
King County intends to explore coordination with its cities and towns to facilitate a Regional
Agreement for Opioid Fund allocation. Should some cities and towns choose not to participate in
a Regional Agreement, this shall not preclude coordinated allocation for programs and services
between the County and those cities and towns who elect to pursue a Regional Agreement. As
contemplated in C.5 of the MOU, any Regional Agreement shall comply with the terms of the
MOU and any Settlement. If no Regional Agreement is achieved, the default methodology for
allocation in C.4 of the MOU shall apply.
Resolution No. 5682 Exhibit C
Page 87 of 167
AGENDA BILL APPROVAL FORM
Agenda Subject:
Capital Projects Status Report and Feature Project (Gaub) (15
Minutes)
Date:
September 1, 2022
Department:
Public Works
Attachments:
Capital Projects Status Report
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
The purpose of this discussion is to inform the Council and Public of the overall status of the
City’s Capital Project program managed by the Engineering Services Division and to present
the 2022 third quarter feature capital projects, the Auburn Way South Southside Sidewalk
project (Project No. CP2129) and the Riverwalk Drive SE Non-Motorized Improvements
project (Project No. CP2121). These Projects will construct sidewalks to fill sidewalk gaps on
the south side of SR164 from 17th Street SE to Muckleshoot Plaza and on the east side of
Riverwalk Drive SE between SR164 and Howard Road SE. Construction of these projects is
anticipated to start in late Spring or early Summer of 2023.
The Capital Project Group of Engineering Services is currently managing 39 projects, totaling
approximately $71 million in total project costs. Of these projects, 20 are in design and 19 are
under construction.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:September 12, 2022 Item Number:
Page 88 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP1916 Academy Pump Station 1
Replacement
This project demolishes and
replaces Pump Station 1,
repurposes Pump Station 2 into
a storage facility, replaces
backup power systems at the
site, and replaces/installs
underground water main to the
facility.
$4,352,479 QTR 2 (APR-
JUN)
21
QTR 3 (JUL-
SEP)
22
Jeffrey
Bender
The construction contract
has been suspended for
the coordination of power
service from PSE. It is
anticipated that the work
will resume in September
2022. Coordination with
PSE for new power
service is underway.
Carollo McClure &
Sons, Inc.
CP1927 Auburn Way N and 1st Street
NE Signal Replacement
This project will replace the
existing traffic signal at Auburn
Way North and 1st Street NE
with a new traffic signal per the
City of Auburn standards and
the Downtown standards. The
project also includes adding left
turn pocket on 1st Street NE and
flashing yellow arrows in all four
directions.
$1,606,514 QTR 3 (JUL-
SEP)
21
QTR 3 (JUL-
SEP)
22
Aleksey
Koshman
The contract has been
suspended awaiting
Puget Sound Energy to
install the new power
service for the new traffic
signal. It is anticipated
that construction will
continue in September
2022.
N/A RW Scott
Construction
Capital Project Status Report
Construction Projects
Public Works Department - Engineering General Services Division
Page: 1
Page 89 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP1922 Lead Service Line
Replacement Project
The purpose of this project is to
provide improvements to the
City’s water distribution system,
and avoid any potential public
health issues associated with
existing lead gooseneck service
line infrastructure. The project
will replace approximately 7,100
linear feet of water main,
approximately 190 water
services, potentially reconstruct
13 street segments and upgrade
associated drainage, curb &
gutter, curb ramps; as well as
grind and overlay 4 street
segments.
$7,697,532 QTR 4 (OCT-
DEC)
21
QTR 3 (JUL-
SEP)
22
Matt Larson Substantial completion
was granted on August
10, 2022. The contractor
is completing punchlist
items.
MurraySmith Pivetta
Brothers
Construction
CP2003 2nd Street SE Preservation
Project
This project will reconstruct the
pavement on 2nd Street SE
between A Street SE and
Auburn Way S. The project will
also replace 450 feet of sewer
main, construct new curb ramps,
install new LED Street lighting,
replace curb & gutter as needed,
and upgrade drainage
infrastructure as needed.
$1,401,927
(Includes
State Grant
Funds)
QTR 2 (APR-
JUN)
22
QTR 4 (OCT-
DEC)
22
Seth
Wickstrom
2nd St SE from A Street
SE to Auburn Way South
is open to local traffic. It
is anticipated that 2nd
Street will be completely
open to all traffic in mid-
September. Joint utility
trench work and new
sidewalk work are
ongoing.
N/A Ceccanti,
Inc.
CP2010 2021 Sewer Repair and
Replacement Project
This project plans to replace a
total of approximately 2585 LF
of 8”-10” diameter sewer line at
9 separate sites and construct
10 spot repairs.
$2,400,000 QTR 2 (APR-
JUN)
21
QTR 3 (JUL-
SEP)
22
Matt Larson Contractor is currently
working at Site #12 (Alley
between 3rd St SW and
4th St SW) and Site #2
(N Street NE).
N/A Nordvind
Company
Page: 2
Page 90 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2017 2021 Storm Renewal and
Replacement Project
The purpose of this project is to
repair and replace storm system
infrastructure throughout the
City, at eight different locations.
Improvements will eliminate
known drainage issues and
reduce maintenance efforts.
$1,100,000 QTR 3 (JUL-
SEP)
21
QTR 3 (JUL-
SEP)
22
Matt Larson The contractor has
completed installation of
the inline check valve at
Site #7. The project has
been suspended for the
procurement of the
fencing materials
associated with Site #8. It
is anticipated that the
work will resume and be
completed in September
2022.
N/A Northwest
Cascade
CP2019 2021 Local Street
Reconstruction and
Preservation
This project will design and
construct the following
improvements: Site #1 (G St SE
from E Main to 4th St SE) - Full
depth pavement re-build;
replace water main incl. water
services; upgrade storm
drainage system as needed; and
upgrade curb ramps to meet
ADA. Site #2 (Riverwalk/Forest
Ridge) - Grind and overlay the
roadway; replace water main
incl. water services; upgrade
storm drainage system on 24th
Ave/St. SE; and upgrade curb
ramps to meet ADA.
$5,660,000 QTR 2 (APR-
JUN)
21
QTR 3 (JUL-
SEP)
22
Kim Truong Contractor is working on
punchlist items, which is
anticipated to be
completed by the middle
of September.
Jacobs
Engineering
Tucci &
Sons
CP2007 Lea Hill Rd Bridge Deck
Preservation
The project will grind and
overlay the Lea Hill bridge deck
in an effort to extend the overall
service life of the bridge.
$980,642
(Includes
Federal Grant
Funds)
QTR 1 (JAN-
MAR)
22
QTR 2 (APR-
JUN)
22
Kim Truong Work at this site was
completed on May 20,
2022.
This project is combined
with CP2006 for
construction.
KPFF Combined
Construction
Page: 3
Page 91 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2006 3rd Street SW Bridge Decks
Preservation
The project will seal and overlay
the 3rd Street SW bridge decks
in an effort to extend the overall
service life of the bridges.
$588,935
(Includes
Federal Grant
Funds)
QTR 1 (JAN-
MAR)
22
QTR 3 (JUL-
SEP)
22
Kim Truong The City is performing a
final inspection to
determine if the bridge
deck seal coat is
acceptable and preparing
a final punchlist for
project completion.
This project is combined
with CP2007 for
construction.
KPFF Combined
Construction
CP2102 4th Street SE Preservation
This Project will replace
pavement and utilities on 4th
Street SE from Auburn Way
South to L Street SE. The
project will also include
replacement of City utilities,
removal of sidewalk
obstructions, replacement of
sidewalk and curb ramps as
needed to address ADA
requirements, street lighting,
and other improvements.
$5,970,835 QTR 1 (JAN-
MAR)
22
QTR 4 (OCT-
DEC)
22
Jeffrey
Bender
The contractor is
currently working
between F Street SE and
M Street SE. 4th St SE
from F St SE to M St SE
is closed to through traffic
until October 2022. The
contactor is currently
working on installing the
new sewer main and
service. Access to
residences and
businesses is maintained
during the closure.
HDR Reed
Excavating
and Trucking
CP2112 High Friction Surface
Treatment
The project will install high
friction surface treatment
(HFST) at six different curved
roadway segments throughout
the City. The HFST involves the
application of fine/rough
aggregate to the pavement
using a polymer binder to
increase pavement friction. The
higher pavement friction helps
motorists maintain better control
in both dry and wet driving
conditions.
$734,200
(Includes
Federal Grant
Funds)
QTR 3 (JUL-
SEP)
22
QTR 4 (OCT-
DEC)
22
Aleksey
Koshman
The construction contract
is currently in suspension
to allow the new asphalt
pavement to cure prior to
installing high friction
surface treatment.
N/A American
Civil
Constructors
West Coast
Page: 4
Page 92 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2119 Arterial Pedestrian and Bike
Safety Project
This project will improve
pedestrian safety and
accessibility by replacing curbs
ramps to meet ADA, installing
Rectangular Rapid Flashing
Beacon, infill gaps in the
sidewalk and storm
improvements.
$340,000
(Includes
State Grant
Funds)
QTR 2 (APR-
JUN)
22
QTR 4 (OCT-
DEC)
22
Aleksey
Koshman
The construction contract
has been suspended for
procurement of long lead
items. Construction is set
to resume on November
14, 2022.
N/A CCT
Construction
CP2115 Deduct Meter Replacement,
Phase 3
This project will replace the
remaining deduct meters
(approximately 68) within the
City limits, including replacing
related piping and restoration.
$729,154 QTR 1 (JAN-
MAR)
22
QTR 3 (JUL-
SEP)
22
Jeffrey
Bender
Construction activities are
underway. The contractor
has completed the
installation of services at
all sites. Restoration at
various sites is underway.
N/A Nordvind
Company
CP2118 North Airport Stormwater
Improvements Phase 2
Eliminate an existing surface
pond at the Auburn Municipal
Airport. Removing this pond will
eliminate the existing bird
netting and vegetation
management issues.
$1,670,000 QTR 3 (JUL-
SEP)
22
QTR 4 (OCT-
DEC)
22
Seth
Wickstrom
Notice to proceed with
construction was issued
on August 22, 2022.
Contractor is currently
importing material to fill-in
the existing storm pond.
PACE Hcon
Incorporated
CP2120 Auburn Way Pavement
Patching
The Auburn Way Pavement
Patch project will grind and
overlay asphalt to meet the City
of Auburn standards at locations
where previous temporary
patching has been completed by
the City water department.
$150,000 QTR 1 (JAN-
MAR)
22
QTR 3 (JUL-
SEP)
22
Jeffrey
Bender
This project has been
combined with CP2115.
See CP2115 for recent
progress.
N/A Nordvind
Company
Page: 5
Page 93 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP1612 Auburn Arts & Culture Center
- Fire Suppression
Connection
This project will supply water to
the fire suppression system that
will be constructed as part of the
Auburn Arts and Culture Center
Renovation project. A supply
line will be extended from the 8”
water main under the west
bound lanes of 1st Street NE to
the Fire Department Connection
near the NW corner of the Arts
and Culture Center building,
located at 20 Auburn Ave.
$262,220 QTR 3 (JUL-
SEP)
22
QTR 3 (JUL-
SEP)
22
Matt Larson Contractor is currently
installing the fire
suppression line. This
work requires a full
closure of 1st Street NE
between Auburn Ave and
B Street NE. It is
anticipated that 1st Street
NE will be opened to
traffic in mid-September.
N/A Nordvind
Company
CP2131 2022 Sidewalk and ADA
Improvements
The purpose of this project is to
improve pedestrian accessibility
and safety throughout the City.
The project includes numerous
sites throughout the City where
curb ramps are missing or need
to be improved, where sidewalks
are in need of repair or
improvement, and where
pedestrian crosswalk
improvements are desired.
$335,000
(Includes
Federal Grant
Funds)
QTR 2 (APR-
JUN)
22
QTR 3 (JUL-
SEP)
22
Kim Truong The concrete work has
been completed at Site 1-
6, and 8-9. Contractor is
currently working at Site
7.
N/A Reign City
Services
MS2115 2022 Channelization Project
This project will restore
thermoplastic pavement
markings (i.e. crosswalks, stop
lines, arrows and legends) and
refresh paint striping at various
locations across the City.
$370,000 QTR 3 (JUL-
SEP)
22
QTR 3 (JUL-
SEP)
22
Aleksey
Koshman
Processing final pay.N/A Specialized
Pavement
Marking
Page: 6
Page 94 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2208 124th Ave SE Improvements
The project will install two school
zone signs with flashing
beacons on 124th Ave SE near
the intersection of SE 290th Pl
to Mountain View High School.
Curbing and signage will also be
installed to restrict left turns from
the Mountain View Hight School
driveway to southbound 124th
Ave SE. This project is a
collaboration with the Auburn
School District.
$167,000 QTR 3 (JUL-
SEP)
22
QTR 3 (JUL-
SEP)
22
Kim Truong Contractor is currently
working on striping and
installing traffic signs.
Construction is
anticipated to be
completed by Sept. 2nd.
N/A Transportati
on Systems
Page: 7
Page 95 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP1603 Coal Creek Springs
Transmission Main Repair
The project will construct a
second, parallel transmission
pipeline over the White River
suspended from a new
pedestrian bridge, inspect the
existing steel transmission main
for possible leaks and repair the
leaks, if any.
$4,593,520 QTR 4 (OCT-
DEC)
22
QTR 3 (JUL-
SEP)
23
Seth
Wickstrom
Hydraulic Project
Approval is approved by
the State Department of
Fish and Wildlife. Design
team is finalizing the
shoreline, floodplain,
building, grading and
storm permits
applications.
Jacobs TBD
CP1622 Auburn Way South
Improvements - Hemlock St
SE to Poplar St SE
Roadway widening to create a
five-lane cross section with two
general purpose travel lanes in
each direction, and a two-way
center left-turn lane. A new
roundabout is proposed near the
Noble Court intersection to
support access to Chinook
Elementary School. Additionally,
curb and gutter, 10 foot
sidewalks, illumination, transit
stop improvements, storm water
improvements, water main
extension, and access
management (where feasible)
with accommodation for U-turns
are proposed.
$12,197,900
(Includes
Federal Grant
Funds)
QTR 1 (JAN-
MAR)
24
QTR 3 (JUL-
SEP)
25
Jeffrey
Bender
Consultant design team
has completed the 60%
design submittal on
August 19, 2022 which is
currently under review.
Parametrix TBD
CP2207 10th St NW/A Street NW
Intersection Improvements
The project will construct a new
traffic signal at the intersection
in place of the existing stop
control on the 10th Street NW
approach.
$1,000,000 QTR 1 (JAN-
MAR)
23
QTR 4 (OCT-
DEC)
23
Jeffrey
Bender
Design is underway.N/A TBD
Design Projects
Page: 8
Page 96 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2121 Riverwalk Drive SE Non-
Motorized Improvements
In partnership with the MIT the
project will complete the
sidewalk gap along the east side
of Riverwalk Drive SE between
Auburn Way S and Howard
Road SE. The project also
include lighting and storm
improvements and an RRFB at
Howard Road.
$1,872,000
(Includes
State Grant
Funds)
QTR 1 (JAN-
MAR)
23
QTR 3 (JUL-
SEP)
23
Aleksey
Koshman
60% design review is
complete and the
consultant design team is
working toward 90%
design submittal which is
anticipated to completed
in mid-October 2022.
HDR TBD
CP2211 49th Street NE (Auburn Way N
to D Street NE)
The project will complete the
buildout of 49th Street NE
between Auburn Way N and D
Street NE to complete the
roadway cross section. The
project will widen the roadway,
where required, to provide a
complete three lane section
matching the existing cross
section to the east of D Street
NE.
$1,027,000 QTR 1 (JAN-
MAR)
24
QTR 4 (OCT-
DEC)
24
Matt Larson Design is underway.N/A TBD
CP2018 S. 330th St and 46th Place S
Storm Improvements
Relocate existing storm system
located on private property, into
approximately 350 linear feet of
new 24-inch storm pipe within
the public right-of-way.
Improvements will include
replacing existing outfall
structure and connections of
private drainage pipes.
$379,000
TBD
Matt Larson SEPA process is
complete. Nationwide
Permit application to US
Army Corps has been
submitted. Preparing final
documents needed for
WDFW Hydraulic Project
Approval (HPA).
N/A TBD
Page: 9
Page 97 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2009 Rainier Ridge Pump Station
This project will replace the
Rainier Ridge Sewer Pump
Station and its associated force
main (approximately 725 ft).
$3,415,000
TBD TBD
Jeffrey
Bender
The preliminary proposed
alternative has been
identified. Further
investigation is underway
to vet the feasibility of the
preliminary proposed
alternative.
Kennedy
Jenks
TBD
CP2022 Garden Avenue Realignment
The project will create a new
east/west connection between
Garden Ave (102nd Ave SE)
and 104th Ave SE and remove
the existing Garden Ave
connection to 8th St NE and
replace it with a permanent cul-
de-sac. The project will also
demolish an existing building
and acquire the ROW needed
for the roadway. Utility
improvements include storm
drainage needed to support the
roadway surface; approx. 1500
ft of new/replaced watermain;
and approx. 220 ft of sewer line.
$1,383,000 QTR 1 (JAN-
MAR)
23
QTR 4 (OCT-
DEC)
23
Kim Truong City design team is
currently working on the
60% design submittal,
which is anticipated to be
completed in September
2022. ROW acquisition is
underway and running
concurrently with design.
N/A TBD
Page: 10
Page 98 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2021 Well 4 Facility Improvements
The project included a
comprehensive investigation and
evaluation of the well operation.
The consultant design team has
already determined that the soft
starter settings needed to be
adjusted for the generator to
function as designed and a new
VFD or generator are not
needed. The team has also
determined which aging
mechanical and electrical
components need to be
replaced. The remaining scope
of this project includes the
replacement of these aging
mechanical and electrical
components.
$1,094,139 QTR 4 (OCT-
DEC)
23
QTR 2 (APR-
JUN)
24
Jeffrey
Bender
Consultant design team
working on the 30%
submittal package which
is expected to be
complete in September
2022.
Carollo TBD
CP2110 Regional Growth Center
Access Improvements
The project would improve the
3rd Street NE/4th Street NE
intersections with Auburn Ave
and Auburn Way N. The project
will improve non-motorized
access and traffic operations
and circulation. The project adds
the northbound left-turn
movements and a
northbound/southbound
crosswalk at 3rd St/Auburn Ave,
and removes the split phase
operations at 4th St/Auburn Way
N.
$2,295,000 QTR 1 (JAN-
MAR)
23
QTR 4 (OCT-
DEC)
23
Seth
Wickstrom
Consultant design team
working on the 90%
design submittal package
which is expected to be
complete in October
2022. Consultant scope
and fee negotiations are
underway for the right-of-
way acquisition phase of
the project.
TranspoGrou
p
TBD
Page: 11
Page 99 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2107 PW M&O Facility
Improvements Phase 1
This project will enclose the
existing 8 bay fleet covered
parking area by installing full
height mechanically operated
doors. This project will also
expand the existing PW M&O
main building for a new Central
Stores. The existing building will
be reconfigured to increase the
fleet maintenance area. To
accommodate the addition, an
existing 8" watermain will need
to be relocated and upsized
(12") to improve fire flow to the
building.
$910,000 QTR 2 (APR-
JUN)
23
QTR 4 (OCT-
DEC)
23
Matt Larson The project team has
performed a value
engineering analysis and
has chosen the preferred
design alternative to
established the final
scope of work. The
consultant design team is
preparing a scope and
fee for the chosen scope.
Page & Beard
Architects
TBD
CP2116 R Street SE/29th Street SE
Intersection Improvement
The project will make
intersection improvements at
29th St SE and R St SE and add
a second southbound lane, to
address level of service
deficiencies. The project will
include underground utility work,
as well as preservation of the
project limits, and installation of
street lighting.
$7,910,000 QTR 1 (JAN-
MAR)
24
QTR 4 (OCT-
DEC)
24
Matt Larson Design is underway.HDR TBD
Page: 12
Page 100 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2117 A Street SW Loop
The project will construct a new
one-way (eastbound) roadway
connection between A Street
SW/S Division Street and A
Street SE. The new intersection
with A Street SE will allow an
unsignalized right-turn
movement onto southbound A
Street SE, providing an
alternative to the intersection of
3rd Street SE and A Street SE,
which does not meet adopted
LOS standards.
$1,932,000
(Includes
Federal Grant
Funds)
QTR 3 (JUL-
SEP)
23
QTR 3 (JUL-
SEP)
24
Matt Larson Consultant design team
completed the 90%
design submittal on July
26, 2022 which is
currently under review.
Right of Way acquisition
is occuring concurently
with the design.
Otak TBD
CP2129 Auburn Way S (SR 164)
Southside Sidewalk
Construct approximately 1,700
feet of new sidewalk along the
south side of Auburn Way S
between Howard Road and the
existing sidewalk that begins to
the west of the intersection with
Muckleshoot Plaza. The project
will also install a rectangular
rapid flashing beacon (RRFB)
where Auburn Way S intersects
Howard Rd (near Frugal's
Restaurant).
$845,000
(Includes
State Grant
Funds)
QTR 1 (JAN-
MAR)
23
QTR 4 (OCT-
DEC)
23
Seth
Wickstrom
City staff is reviewing the
60% design submittal
which is anticipated to be
complete on September
12, 2022.
N/A TBD
Page: 13
Page 101 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2123 C Street SW Preservation
This Project will grind and
overlay C Street SW between W
Main Street and the GSA signal
(approximately 2,000 feet to the
south of 15th Street SW). As
part of the project, non-ADA
compliant curb ramps and
pedestrian push buttons will be
upgraded, and c-curbing and
vehicle detection loops will be
replaced as needed. There are
also, water, storm and sewer
improvements along a portion of
C St SW.
$2,946,544
(Includes
Federal Grant
Funds)
QTR 1 (JAN-
MAR)
24
QTR 3 (JUL-
SEP)
24
Kim Truong The City design team is
working toward the 60%
design submittal which is
anticipated to be
completed in September
2022. The start of
construction has been
changed to the first
quarter of 2024 due to
grant obligation
requirements.
N/A TBD
CP2201 Airport T-Hangar Upgrades
Remove and replace the electric
role up canvas doors on the J
Hangar row at the Auburn
Municipal Airport. Enclose at
least 1 row of the 4 existing
“open” hangars (E through H
Hangar rows) by installing
partition walls and manual
sliding doors. One additional row
of the 4 existing “open” hangars
rows will also be enclosed if the
budget allows.
$1,000,000 QTR 4 (OCT-
DEC)
22
QTR 1 (JAN-
MAR)
23
Seth
Wickstrom
Consultant working on
initial facilities condition
assessment and door
design options.
KPFF TBD
Page: 14
Page 102 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2137 Frontage Road Culvert Repair,
Phase 2
This project will be completed in
2 phases. Phase 1 will remove
the curb, gutter, sidewalk,
reinforced concrete support
structure, fencing and remove
the obstruction. Phase 2 will
restore the roadway, install a
large rock headwall to support
the east edge of the road to
prevent sloughing into the
channel, install a concrete
barrier in place of the fence,
relocate the existing catch basin
to the north at the south end of
the existing driveway and
stabilize the west shoulder of the
road.
$50,000 QTR 3 (JUL-
SEP)
22
QTR 3 (JUL-
SEP)
22
Jeffrey
Bender
Design is complete and
this project will be
solicited for quotes in
early Spetember 2022.
KPFF TBD
CP2210 M Street NE Widening (Main
St to 4th St NE)
The project will widen M Street
NE to a 4/5 lane section
between Main Street and 4th
Street NE. The project will also
replace the signal at Main/M
Street. There are also Water,
Sewer, and Storm Drainage
improvements proposed with the
project.
$4,806,000 QTR 1 (JAN-
MAR)
24
QTR 4 (OCT-
DEC)
24
Kim Truong City staff is drafting the
Request for Proposals to
select a design
consultant.
TBD TBD
Page: 15
Page 103 of 167
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2125 D Street SE and 23rd Street
SE Storm Improvements
Project
The purpose of this project is to
eliminate localized flooding and
make better use of available
capacity in the 21st St SE
Regional Infiltration Storm Pond
by extending and connecting
existing storm drainage
infrastructure in the area south
of 21st St SE at D Street SE and
at K Street SE.
$5,295,000 QTR 2 (APR-
JUN)
23
QTR 4 (OCT-
DEC)
23
Jeffrey
Bender
Design is underway MurraySmith
with KPG
TBD
CP2213 Runway and Taxiway
Improvements and RSA
Grading
Rehabilitate the runway and
taxiway pavement, upgrade
taxiway lighting to LED, update
lights on the side of the runway
that provide guidance to pilots
during decent, extend the safety
area at the south end of the
runway by regrading a small
portion of the King County Park
& Ride, and survey of existing
facilities for the Airport
Geographic Information System
(AGIS) phase.
$4,055,550 QTR 2 (APR-
JUN)
23
QTR 3 (JUL-
SEP)
23
Seth
Wickstrom
AGIS survey is
anticipated to take place
in September 2022. The
consultant design team is
working on the 60%
design submittal which is
anticipated to be
completed in October
2022.
An FAA grant has been
awarded for the AGIS
phase. FAA and WSDOT
grants has been awarded
for the design phase.
Century West TBD
Page: 16
Page 104 of 167
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6884 (Tate) (15 Minutes)
Date:
September 6, 2022
Department:
Community Development
Attachments:
Ordinance No. 6884
Exhibit 1 – Fence and Retaining Wall Text
Amendment
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Fence standards have existed in the Zoning Code since the earliest Zoning Code was
adopted in 1987 (under Ordinance (Ord.) Number (No.) 4229). The fence standards have not
been revised for several years so it was appropriate to review these provisions for possible
revision. The last update to the fence standards occurred in 2012 (under Ord. No. 6419) and
2013 (under Ord. No. 6461). The proposed code changes included in this ordinance clarify
the fence standards, respond to issues of implementation, and harmonize the standards with
other code text, and are based on staffs’ continuing implementation of the fence standards.
No specific retaining wall standards exist in the Zoning Code. Standards related to retaining
walls and exist in the International Building Code (the IBC) and International Residential Code
(IRC). The IBC and IRC provide standards related to the construction, design, and placement
of a retaining wall and permitting requirements. For the purposes of consistency and clarity,
staff has proposed retaining wall standards for the Zoning Code that are consistent with the
IBC.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Tate
Meeting Date:September 12, 2022 Item Number:
Page 105 of 167
--------------------------------
Ordinance No. 6884
September 1, 2022
Page 1 Rev. 2020
ORDINANCE NO. 6884
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE
REGULATION OF FENCES AND RETAINING WALLS, AND
AMENDING SECTIONS 18.04.370, 18.04.372, 18.04.374,
18.31.020, AND CREATING SECTIONS 18.04.371, 18.04.373,
18.04.376, 18.31.025 OF THE AUBURN CITY CODE
WHEREAS, the current Auburn code regulating fences within the city is ACC 18.31.020;
and
WHEREAS, the fence standards contained in ACC 18.31.020 have not been revised for
several years so it was appropriate to review these provisions for possible revision; and
WHEREAS, the proposed code changes included in this ordinance clarify the fence
standards, respond to issues raised upon implementation of the standards, and harmonize the
standards with other code text; and
WHEREAS, no specific retaining wall standards currently exist in the Zoning Code but the
city has identified a need to adopt ones to regulate the construction, design and placement of
retaining walls; and
WHEREAS, the International Building Code (the IBC) and the International Residential
Code (IRC) contain requirements related to the construction, design, placement and permitting of
retaining walls; and
WHEREAS, for the purposes of consistency and clarity, the retaining wall standards
contained in this ordinance are consistent with the IBC and IRC requirements; and
WHEREAS, pursuant to RCW 36.70A the proposed code language contained herein was
transmitted to the Washington State Department of Commerce, which performed a 60-day agency
Page 106 of 167
--------------------------------
Ordinance No. 6884
September 1, 2022
Page 2 Rev. 2020
review. The state agency comment period expired on August 12, 2022 and the City did not receive
any agency comments; and
WHEREAS, the proposed code language was reviewed according to the process
established by the Washington State Environmental Policy Act (SEPA), a Determination of Non-
Significance (DNS) was issued on July 5, 2022, and the City observed a fourteen-day public
comment period; and
WHEREAS, the Planning Commission reviewed the proposed code language and
considered the effect of the changes on public and private property owners at its June 7, 2022
meeting, held a public meeting on July 19, 2022, and afterwards adopted a recommendation of
approval to the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Sections 18.04.370, 18.04.371, 18.04.372,
18.04.373, 18.04.374, 18.04.376, 18.31.020, and 18.31.025 of the Auburn City Code are amended
to read as shown in Exhibit 1.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. 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 of it to any person or circumstance, will not
affect the validity of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Page 107 of 167
--------------------------------
Ordinance No. 6884
September 1, 2022
Page 3 Rev. 2020
Section 4. Effective date. This Ordinance will take effect and be in force five days
from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 108 of 167
Fence and Retaining Wall Text Amendment Page 1 of 11
Chapter 18.04 DEFINITIONS
18.04.370 Fence.
“Fence” means a masonry wall or a barrier generally composed of posts connected by boards,
rails, panels, or wire for the purpose of enclosing space, functional areas, or separating parcels
of land. The term “fence” does not include retaining walls or rockeries when a separate
structure. The term also does not include hedges, trees, or other natural growth. (Ord. 6245 § 3,
2009; Ord. 4229 § 2, 1987.)
18.04.371 Fence, opacity.
Fence opacity is the degree to which light or views are blocked. Opacity measured
perpendicular to the fence for each fence section between supports.
EXHIBIT 1 ORD. NO. 6884
Page 109 of 167
Fence and Retaining Wall Text Amendment Page 2 of 11
18.04.372 Fence, screened.
“Screened fence” means a fence that is between 70 to 100 percent opaque, and provides
providing a high degree of visual buffering between two areas that meets the requirements of
Chapters ACC. . A screened fence may consist of wood, vinyl, or metal. A chain link fence
interwoven with slats in every row or available space is considered a screened fence. (Ord.
6245 § 3, 2009.)
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Fence and Retaining Wall Text Amendment Page 3 of 11
18.04.373 Fence, visibility.
A fence that is 50% or less opaque is generally considered to provide visibility.
18.04.374 Fence, 100 percent sight-obscuring.
“One hundred percent sight-obscuring fence” means a fence that is 100% opaque, completely
obstructs view between two areas and/or completely obstructs view between two adjoining
uses. , and meets the requirements of Chapters A sight-obscuring fence shall be constructed
of solid wood, metal, concreteconcrete, or other appropriate material which totally conceals the
subject use from adjoining uses. (Ord. 6245 § 3, 2009.)
18.04.376 Retaining Wall.
“Retaining Wall” means a structure designed and constructed to hold soil, earth, or like material
in place, or to resist lateral pressure of materials to create or maintain a change in ground
elevation. Such walls can be of various types including gravity, cantilevered, anchored, or piling
walls and can be comprised of various materials including concrete, stone, or masonry units.
The term retaining wall does not include fences.
Chapter 18.31 SUPPLEMENTAL DEVELOPMENT STANDARDS
18.31.020 Fences.
A. Purpose. The fencing requirements in this section are intended to advance public safety,
maintain and protect property values, to enhance the city’s appearance, and to visually unify
the city and its neighborhoods. This section contains general standards applicable to all fences
(regardless of zoning district), and specific standards for fences within the residential,
commercial, and institutional use zoning districts.
Page 111 of 167
Fence and Retaining Wall Text Amendment Page 4 of 11
BA. Fence Height Regulations. The minimum or maximum height requirements as stipulated
throughout this chapter shall be considered to be met if the height of the fence is within six
percent of the height required. The height of the fence shall be determined from the existing,
established grade on the property to the highest point of the fence.
1. Notwithstanding any other provisions regarding fence height, the height of any portion
of a fence may not reduce the sight distances established by the Engineering Design
Standards for vehicular and non-motorized transportation facilities.
2. Fences and walls built interior of the required setback areas within the building area of a
lot may be as high as the maximum building height allowed within the applicable zone.
Building permits are required for fences exceeding six feet in height.
3. Building permits are required for fences exceeding 84 inches in height.
4. The addition of lattice, trellis, and other similar features of a fence shall count towards
the overall height and opaqueness of a fence.
5. If a fence sits upon or is elevated by a retaining wall, the height of the fence is measured
from the base of the retaining wall. Building permits may be required for fences erected on
retaining walls.
C. 1. Fence Height Regulations by Zoning District. The following regulations shall apply in the R-1,
R-5, R-7, R-10, R-16, R-20, R-MHC, RO, RO-H, I, C-N, C-1, C-2, C-4, and DUC zones:
aa. Fence heights shall may be constructed to a height not to exceed the following in
each of the required setback areas, as regulated per each zone, or as modified by
subsection of this section:
i. Front setback¹: 42 inches; provided, that fences constructed of chain link,
wrought iron or similar materials that provides visibility, as defined herein, may be
72 inches in height;
ii. Side setback: 72 inches;
iii. Rear setback: 72 inches;
iv. Street side setback: 72 inches.
Page 112 of 167
Fence and Retaining Wall Text Amendment Page 5 of 11
2. Fences and walls built within the building area of a lot may be as high as the maximum
building height allowed within the applicable zone. Building permits are required for fences
exceeding six feet in height.
3. If the fence includes a gate or similar feature, a vehicle refuge area shall be provided
within the driveway to avoid blocking the street. The vehicle refuge area shall have a length
that is sufficient for a waiting vehicle and not block the street.
B. Special Height Restrictions.
1. There shall not be anything constructed or reconstructed, and no obstruction permitted,
within the sight distance triangle area as required by city of Auburn engineering design
standards.
2. In general, no fence, hedge, structure or other obstruction shall act as a sight hazard to
traffic, and the city engineer may order the removal of such hazard whether or not such
object otherwise complies with the provisions of this title.
1 The front setback for residential zones pertains to the front setback for a single family residence per 18.07.030(E)(1).
DC. Screened Fences and Sight-Obscuring Fences.
1. Fence visibility is defined per ACC 18.04.373. In certain circumstances, the City Engineer
may determine that a fence that is 50% or less opaque does not provide visibility if the
angle through which the fence is being viewed for sight distance analysis increases the
perceived opacity of the fence to 50% or higher.
2. Screened fences are defined per ACC 18.04.372. A screened fence shall consist, at a
minimum, of a chain link fence interwoven with slats placed in every row or available space
in the fence
3. 2. Sight-obscuring fences are defined per ACC 18.04.374. A 100 percent sight-obscuring
fence shall be constructed of solid wood, metal, concrete or other appropriate material
which totally conceals the subject use from adjoining uses.
ED. Fences and Associated Landscaping.
1. When landscaping is required along the property line and the property line abuts the
right-of-way, the fence shall be placed interior to the required landscaping. The fence may
not shall be set back a minimum of five feet if the fence abuts a street right-of-way, so as to
Page 113 of 167
Fence and Retaining Wall Text Amendment Page 6 of 11
not obscure such landscaping unless authorized through the land use or architectural and
site design review process.
2. At other property lines, the landscaping shall be located to serve the greatest public
benefit.
3. Fencing shall be placed such that it does not damage existing landscaping.
FE. Access and Obstructions. – Generally Prohibited.
1. If a fence includes a gate or similar feature to allow vehicle passage, the gate shall be
placed within the interior of the lot a sufficient distance to provide a vehicle refuge area
within the driveway exterior of the fence to avoid blocking the street. The vehicle refuge
area shall have a length that is sufficient for a waiting vehicle and not block the street,
sidewalk, or right-of-way, in accordance with the Engineering Design Standards.
2. Any fence located within a front yard setback that features a locking gate or similar
security device, that cannot be opened from the exterior, shall provide emergency access in
a manner acceptable to the fire marshal.
3. 1. In no case shall any fence, and/or hedge, or other obstruction be constructed, or
grown, located, such that it deters or hinders the fire authority from gaining access to any
fire authority connection, fire protection control valve, fire hydrant, or fire authority
appliance or device. Minimum clearance requirements for fire hydrants shall be in
accordance with the city Engineering Design Standards. design and construction
standards.
4. In no case shall any fence, and/or hedge, or other obstruction be constructed, grown, or
located, such that it obstructs the visibility of any fire hydrant from a distance of 150 feet, in
any direction, of vehicular approach to the hydrant.
5. 3.In no case shall any fence, and/or hedge, or other obstruction be constructed, grown,
or located, be constructed or grown in a manner which interferes with access to water,
storm, or sanitary sewer manholes, and utility meters, and other City appurtenances which
require access for maintenance purposes.
6. Unless explicitly permitted by easement language, fences are prohibited within City
utility easements except as may be authorized by the City Engineer.
Page 114 of 167
Fence and Retaining Wall Text Amendment Page 7 of 11
G.F Other than in the P-1, M-1, or M-2 zones, no fence may include the use of barbed wire,
including concertina, razor, or similar wire; provided, that pasture areas a minimum of one acre
in area may be fenced with barbed wire in any zone. Barbed wire may be attached to the top of,
and in addition to, the height of a 8472-inch fence in the above zones, provided it does not
extend more than 12 inches one additional foot in height.
HG. Other than in the RC, R-1, C-3, M-1, M-2, BP, LF, or I zones, electrically charged fences are
not permitted. Electrically charged fences shall only be allowed within the RC, R-1, C-3, M-1, M-2,
BPLF, or I zoness and shall adhere to the following standards. These standards shall not apply
to underground or invisible pet fences, invisible fences and wireless pet collar fences that are
used to contain household petssmall domestic animals.
1. Within the RC and R-1 zones the electrical charge of an electric fence must be
noncontinuous and the electric fence controller shall be approved by the Underwriter
Laboratories (U.L.) or meet the testing standards of the Underwriter Laboratories. It is
further provided that electric fences in the RC and R-1 zones that abut any public street or
right-of-way shall include warning signs consistent with ACC 18.31.020(H)(2)(e).of not less
than 30 square inches in size posted at least every 50 feet on the fence, stating that the
fence is charged with electricity.
2. Within the C-3, M-1, M-2, BP, LF, or I zones, the construction and use of electric fences
shall be allowed in the city only as provided in this section and subject to the following:
a. Electrification.
i. The energy source (energizer) for electric fences must be provided by a storage
battery not to exceed 12 volts DC. The storage battery is charged primarily by a
solar panel. However, the solar panel may be augmented by a trickle charger.
ii. The electric charge produced by the fence upon contact shall not exceed
energizer characteristics set forth in the in paragraph 22.108 and depicted in
Figure 102 of International Electrotechnical Commission (IEC) Sstandards No.
60335-2-76.
b. Perimeter Non-Electric PermitFence or Wall. No electric fence shall be installed or
used unless it is completely surrounded by a non-electrical fence or wall that is not less
than six feet.72 inches.
Page 115 of 167
Fence and Retaining Wall Text Amendment Page 8 of 11
c. Location. Electric fences shall only be permitted on around any nonresidential
outdoor storage areas. Electric fences and the perimeter fenceing isare allowed in the
setback areas provided the applicable requirements of this section are met.
d. Height. Electric fences shall not exceed 10 feet in height.
e. Warning Signs. Electric fences shall be clearly identified with warning signs that read
“Warning – Electric Fence” at intervals of 50 feet or less than 60 feet. Signs shall also
contain imagery or symbols of or similar to the International Organization for
Standardization (ISO) warning symbol for electric hazard to alert individuals that that
allows non-English speaking individuals to understand that the fence is electrically
charged, (e.g. lightning bolts).
f. The permitting process for eElectric fences shall be governed and regulated in
accordance with the regulations for burglar alarm permits contained in Chapter 9.30
ACCunder city code.
g. Electric fences and gates must also meet all applicable International Fire Code
standards.
H. Any fence located within a front setback that features a locking gate or similar security
device shall provide emergency access in a manner acceptable to the fire marshal.
18.31.025 Retaining Walls
A. Retaining Wall General Regulations.
1. Retaining walls must be designed and located per the adopted IBC and IRC design
standards. See Figure 18.21.025(A).
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Fence and Retaining Wall Text Amendment Page 9 of 11
2. Notwithstanding any other provisions regarding retaining wall height, the height of any
portion of a retaining wall may not reduce sight distance established by the Engineering
Design Standards for vehicular and non-motorized facilities.
3. Any grading work shall be in compliance with Chapter 15.74 ACC.
4. All portions of retaining walls, including sub-surface elements such as footings, anchors,
and cantilevers, shall not encroach or be located within the right-of-way or public utility
easements unless explicitly permitted by the City Engineer and/or by the easement
language.
5. The requirements of this chapter do not apply to retaining walls in rights-of-way.
6. Additional requirements apply to retaining walls that provide support to rights-of-way as
specified in the Engineering Design Standards.
7. Retaining walls designed as part of an approved preliminary plat, and located prior to
recordation of the final plat, are not subject to the setback area requirements contained
in this section.
Page 117 of 167
Fence and Retaining Wall Text Amendment Page 10 of 11
B. Residential Lots.
1. Retaining walls are not permitted in the required setback areas, unless meeting one of
the following criteria. The height of a wall shall be measured from the bottom of a
footing to the top of the wall.
a. Retaining walls that are under 48 inches and constructed in accordance with the IRC,
whether supporting a surcharge or not, are allowed in all setback areas, as regulated
per each zone.
b. Retaining walls over 48 and under 84 inches and constructed in accordance with the
IRC, whether supporting a surcharge or not, are allowed in all setback areas except
the front and street-side setback, as regulated per each zone.
c. Retaining walls over 84 inches, constructed in accordance with the IRC, whether
supporting a surcharge or not, are not allowed in the setback areas, as regulated per
each zone.
2. Retaining walls visible from the right-of-way or adjacent property must be composed of
rock, textured or patterned concrete, masonry, composite, or other products that
complements the existing residential or neighborhood character. Products such as
“ecology blocks” or plain smooth concrete are not permitted. Materials other than those
listed may be used with approval from the Planning Director or designee.
C. Nonresidential Lots/Tracts.
1. Retaining walls visible from the right-of-way or adjacent property shall be composed of
rock, textured, or patterned colored concrete, masonry, or composite. Products such as
“ecology blocks” are not permitted. Materials other than those listed may be used with
approval from the Planning Director or designee.
2. For retaining walls over 48 inches in height or supporting a surcharge, the area between
the right-of-way and the retaining wall shall be landscaped and maintained per Chapter
18.50 ACC.
3. Terraces created between retaining walls shall be permanently landscaped and
revegetated pursuant to a mitigation or landscape plan developed by a qualified
professional.
4. Notwithstanding the requirements contained in this section, retaining walls may still
require a building permit if trees or other landscape features will potentially impact (e.g.,
tree roots) or impose a surcharge on the wall.
Page 118 of 167
Fence and Retaining Wall Text Amendment Page 11 of 11
5. The width of the retaining wall or walls support shall not be included in any landscaping
calculations or measurements.
Page 119 of 167
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6885 (Tate) (15 Minutes)
Date:
September 6, 2022
Department:
Community Development
Attachments:
Ordinance No. 6885
Exhibit A – EP and BP Zone Text Amendment
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Staff is recommending removal of the EP, Environmental Park Zone and BP, Business Park
District, from Title 18 and Title 3. This will entail removing all references of the two zoning
districts from the City’s enumerated ordinances (codes).
The BP zone was adopted in 1987 under Ordinance (Ord.) Number (No.) 4229. This ordinance
repealed the previous Zoning Ordinance and created a new codified Zoning Ordinance, in which
new zoning districts, including the BP zone, were added to the title. Per Auburn City Code (ACC)
18.36.010, the purpose of the BP zone is to: “…Respond to modern trends in business park
development by providing a suitable area for industrial, professional office, service, and
commercial uses within a planned, well managed site with high quality development standards.”
Approximately six parcels, collectively known as the “Opus Park 167 Service District”, located at
the southwest corner of 15th St. SW and O St. SW, were rezoned to BP zone in 1997 under
Ordinance No 4962. In 2001, under Ordinance No. 5607, the uses for the BP zone were amended
to allow for more uses and encourage more development. The “Opus Park 167 Service District”
was completed in 2002. However, in 2006, under Ordinance No. 6067, the parcels constituting the
Opus Park 167 Service District were rezoned to C-3, Heavy Commercial from BP during an annual
amendment cycle. This effectively made the BP zone no longer a mapped zoning district.
The Environmental Park Zone, or EP zone, was adopted in 2006 under Ordinance No. 6037. The
EP zone was intended to create a zone with appropriate uses near the Auburn Environmental Park
(located between W Main St. to the south, Interurban Trail to the east, 15th St. NW to the north,
and W Valley Hwy to the west). Under this ordinance, approximately 75 parcels, in proximity to the
Auburn Environmental Park (AEP), were rezoned from M-1, Light Industrial and R2, Single Family
Residential District to the EP zone. Per ACC 18.23.020(H) the purpose of the EP zone is to: “Allow
uses in proximity to the Auburn Environmental Park (AEP) that benefit from that location and will
complement the park and its environmental focus. Uses allowed in this zone will focus upon
Page 120 of 167
medical, biotech and “green” technologies including energy conservation, engineering, water
quality and similar uses.”
It is difficult to ascertain which, if any, parcels were developed under the EP zoning designation.
Per City permit records, it appears that most of the parcels that were zoned EP were developed
prior to being rezoned to EP. In 2017, under Ordinance No. 6660, the 75 parcels were rezoned M-
1, Light Industrial due to little private sector investment into the privately owned properties. Under
Ordinance No. 6691, the City-owned parcels formerly zoned EP and associated with the AEP were
rezoned to Open Space, effectively making the EP zone no longer a mapped zoning district.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Tate
Meeting Date:September 12, 2022 Item Number:
Page 121 of 167
--------------------------------
Ordinance No. 6885
September 1, 2022
Page 1 Rev. 2020
ORDINANCE NO. 6885
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE
ELIMINATION OF THE ENVIRONMENTAL PARK ZONE
AND BUSINESS PARK DISTRICT BY AMENDING CHAPTER
18.36, AND SECTIONS 18.02.070, 18.23.020, 18.23.030,
18.23.040, 18.23.060, 18.31.100, 18.47.020, 18.50.040, 18.54.080,
18.55.030, 18.57.020, 18.57.030, 18.57.035, 18.64.020 AND
3.60.036 OF THE AUBURN CITY CODE
WHEREAS, the Business Park (“BP”) zone was adopted in 1987 by Ordinance No. 4229
as a contract zone that could be applied to any site upon approved of the City; and
WHEREAS, in 1997 approximately six parcels collectively known as the “Opus Park 167
Service District”, located at the southwest corner of 15th St. SW and O St. SW, were rezoned by
Ordinance No. 4962 to be a Business Park zone; and
WHEREAS, in 2001 Ordinance No. 5607 expanded the uses for the Business Park zone to
allow for more uses and to encourage more development; and
WHEREAS, in 2006 Ordinance No. 6067 rezoned the parcels constituting the Opus Park
167 Service District to C-3, Heavy Commercial, effectively making the Business Park zone no
longer a mapped zoning district; and
WHEREAS, the Environmental Park Zone (“EP zone”), was adopted in 2006 by Ordinance
No. 6037 and approximately 75 parcels in proximity to the Auburn Environmental Park (AEP)
were rezoned from M-1, Light Industrial, and R2, Single Family Residential District, to the
Environmental Park zone; and
WHEREAS, in 2017 Ordinance No. 6660 rezoned the 75 parcels M-1, Light Industrial due
to little private sector investment into the privately owned properties; and
Page 122 of 167
--------------------------------
Ordinance No. 6885
September 1, 2022
Page 2 Rev. 2020
WHEREAS, in 2018 Ordinance No. 6691 rezoned the City-owned parcels associated with
the AEP from the Environmental Park to Open Space, effectively making the EP zone no longer a
mapped zoning district; and
WHEREAS, the Business Park and Environmental Park zoning districts were removed
from the Comprehensive Plan in 2015 as part of the GMA-related update to the Comprehensive
Plan and therefore neither zone implements any of the comprehensive plan land use designations;
and
WHEREAS, pursuant to RCW 36.70A the proposed code language contained herein was
transmitted to the Washington State Department of Commerce, which performed a 60-day agency
review. The state agency comment period expired on August 12, 2022 and the City did not receive
any agency comments; and
WHEREAS, the text amendment was reviewed according to the process established by the
Washington State Environmental Policy Act (SEPA), a Determination of Non-Significance (DNS)
was issued on July 5, 2022, and the City observed a fourteen-day public comment period; and
WHEREAS, the Planning Commission reviewed the proposed text amendment and
considered the effect of the changes on public and private property owners at its June 7, 2022
meeting; and
WHEREAS, on July 19, 2022 the Planning Commission held a public hearing, after
receiving no public comment letters regarding the proposed amendments, and afterwards
forwarded a recommendation for approval to the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
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--------------------------------
Ordinance No. 6885
September 1, 2022
Page 3 Rev. 2020
Section 1. Amendment to City Code. Chapter 18.36, and Sections 18.02.070,
18.23.020, 18.23.030, 18.23.040, 18.23.060, 18.31.100, 18.47.020, 18.50.040, 18.54.080,
18.55.030, 18.57.020, 18.57.030, 18.57.035, 18.64.020 of Title 18 and Section 3.60.036 of Title 3
of the Auburn City Code are amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. 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 of it to any person or circumstance, will not
affect the validity of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Section 3. Effective date. This Ordinance will take effect and be in force five days
from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 124 of 167
--------------------------------
Ordinance No. 6885
September 1, 2022
Page 4 Rev. 2020
Published: ____________________
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BP and EP Zone Text Amendment 1 of 42
Title 18
ZONING
Chapters:
18.01 User Guide
18.02 General Provisions
18.04 Definitions
18.07 Residential Zones
18.08 Northeast Auburn Special Area Plan and Auburn Gateway Planned Action
18.09 R-MHC Manufactured/Mobile Home Community Zone
18.21 Overlays
18.23 Commercial and Industrial Zones
18.25 Infill Residential Development Standards
18.29 DUC Downtown Urban Center District
18.31 Supplemental Development Standards
18.35 Special Purpose Zones
18.36 BP Business Park District
18.38 LF Airport Landing Field District, Overlay, and FAR Part 77 Surfaces
18.42 UNC Unclassified Use District
18.46A Temporary Uses
18.47 Electric Vehicle Infrastructure
18.49 Flexible Development Alternatives
18.50 Landscaping and Screening
18.52 Off-Street Parking and Loading
18.53 Master Plans
18.54 Nonconforming Structures, Land and Uses
18.55 Outdoor Lighting
18.56 Signs
18.57 Standards for Specific Land Uses
18.59 Development Standards for Marijuana Related Businesses
18.60 Home Occupations
18.62 Surface Mining
18.64 Administrative and Conditional Use Permits
18.66 Recodified
18.68 Zoning Map and Text Amendments
18.70 Variances, Special Exceptions, and Administrative Appeals
18.72 Administration and Enforcement
18.74 Location of Sexually Oriented Businesses
18.76 Planned Unit Development District (PUD) – Lakeland Hills South
18.78 Terrace View (TV) District
EXHIBIT A ORD. NO. 6885
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Chapter 18.02
GENERAL PROVISIONS
18.02.070 Establishment of zones.
A. The city is divided into the following classes of zones:
1. RC, residential conservancy zone (one dwelling unit per four acres);
2. R-1, residential zone (one dwelling unit per acre);
3. R-5, residential zone (five dwelling units per acre);
4. R-7, residential zone (seven dwelling units per acre);
5. R-10, residential zone (10 dwelling units per acre);
6. R-16, residential zone (16 dwelling units per acre);
7. R-20, residential zone (20 dwelling units per acre);
8. RMHC, manufactured/mobile home community zone;
9. RO, residential office zone, and RO-H, residential office-hospital zone;
10. C-N, neighborhood shopping zone;
11. C-1, light commercial zone;
12. C-2, central business zone;
13. C-3, heavy commercial zone;
14. C-4, mixed-use commercial zone;
154. M-1, light industrial zone;
165. M-2, heavy industrial zone;
16. BP, business park zone;
17. LF, airport landing field zone;
18. P-1, public use zone;
19. UNC, unclassified use zone;
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20. I, institutional use zone;
21. EP, environmental park zone;
2221. DUC, downtown urban center zone;
2322. OS, open space zone.
B. The zones set out in subsection A of this section are established as the designations, locations, and
boundaries thereof as set forth and indicated on the zoning map.
C. The intent statement for each zone set forth in this title shall be used to guide the application of the zones
to all lands in the city of Auburn. The intent statements shall guide interpretation and application of land use
regulations within the zones, and any change to the range of allowed uses within each zone through
amendment to this title. (Ord. 6677 § 1, 2018; Ord. 6245 § 2, 2009.)
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Chapter 18.23
COMMERCIAL AND INDUSTRIAL ZONES
Sections:
18.23.010 Purpose.
18.23.020 Intent of commercial and industrial zones.
18.23.030 Uses.
18.23.040 Development standards.
18.23.050 Additional development standards for C-2, central business zone.
18.23.060 Additional development standards for the EP, environmental park zone. C-N, C-1, C-2, C-3,
C-4, and M-1 zone.
18.23.010 Purpose.
This chapter lists the land uses that may be allowed within the commercial and industrial zones established by
ACC 18.02.070 (Establishment of zones), determines the type of land use approval required for each use, and
provides basic and additional development standards for sites, buildings, and associated improvements. (Ord.
6728 § 3 (Exh. C), 2019; Ord. 6433 § 26, 2012.)
18.23.020 Intent of commercial and industrial zones.
A. General. This section describes the intent for each of the city’s commercial and industrial zones. These
intent statements are to be used to guide the interpretation of the regulations associated with each zone. The
planning director is authorized to make interpretations of these regulations based on their analysis of them
together with clear and objective reasons for such interpretation.
B. C-N, Neighborhood Shopping Center Zone. The C-N zone is intended to provide areas appropriate for
neighborhood shopping establishments which provide limited retail business, service and office facilities for
the convenience of residents of the neighborhood. A neighborhood shopping center is designed and located so
as to minimize traffic congestion on public highways and streets in its vicinity and to best fit the general land
use pattern of the area to be served by the center. The protective standards contained in this chapter are
intended to minimize any adverse effect of the neighborhood shopping center on nearby property values and to
provide for safe and efficient use of the neighborhood shopping center itself.
C. C-1, Light Commercial Zone. The C-1 zone is intended for lower intensity commercial adjacent to
residential neighborhoods. This zone generally serves as a transition zone between higher and lower intensity
land uses, providing retail and professional services. This zone represents the primary commercial designation
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BP and EP Zone Text Amendment 5 of 42
for small- to moderate-scale commercial activities compatible by having similar performance standards and
should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. This zone
encourages leisure shopping and provides amenities conducive to attracting shoppers and pedestrians.
D. C-2 Central Business District Zone. The intent of the C-2 zone is to set apart the portion of the city
proximate to the center for financial, commercial, governmental, professional, and cultural activities. Uses in
the C-2 zone have common or similar performance standards in that they represent types of enterprises
involving the rendering of services, both professional or to the person, or on-premises retail activities. This
zone encourages and provides amenities conducive to attracting pedestrians.
E. C-3, Heavy Commercial Zone. The intent of the C-3 zone is to allow for medium to high intensity uses
consisting of a wide range of retail, commercial, entertainment, office, services, and professional uses. This
zone is intended to accommodate uses which are oriented to automobiles either as a mode or target of the
commercial service while fostering a pedestrian orientation. The uses allowed can include outside activities,
display, fabrication or service features when not the predominant portion of the use. The uses enumerated in
this classification have more potential for impacts to surrounding properties and street systems than those uses
permitted in the more restrictive commercial classifications.
F. C-4, Mixed-Use Commercial Zone. The intent of the C-4 zone is to provide for a pedestrian-oriented mix
of retail, office, and limited multiple-family residential uses. This classification is also intended to allow
flexibility in design and the combination of uses that is responsive to market demands. The uses enumerated in
this classification anticipate a mix of multiple-family residential, retail, and office uses that are coordinated
through a site-specific planning process. The multiple-family residential must be located in a multi-story
building. Certain heavy commercial uses permitted in other commercial classifications are not permitted in this
zone because of the potential for conflicts with multifamily residential uses, in order to achieve a quality of
environment that is conducive to this mix of uses.
G. M-1, Light Industrial Zone. The intent of the M-1 zone is to accommodate a variety of industrial,
commercial, and limited residential uses in an industrial park environment, to preserve land primarily for light
industrial and commercial uses, to implement the economic goals of the comprehensive plan and to provide a
greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of air and water
pollution, noise, vibration, glare or odor. The light industrial/commercial character of this zone is intended to
address the way in which industrial and commercial uses are carried out rather than the actual types of
products made.
The character of this zone will limit the type of primary activities which may be conducted outside of enclosed
buildings to outdoor displays and sales. Uses which are not customarily conducted indoors or involve
hazardous materials are considered heavy industrial uses under this title and are not appropriate for the M-1
zone. An essential aspect of this zone is the need to maintain a quality of development that attracts rather than
discourages further investment in light industrial and commercial development. Consequently, site activities
which could distract from the visual quality of development of those areas, such as outdoor storage, should be
strictly regulated within this zone.
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H. EP, Environmental Park Zone. The environmental park district is intended to allow uses in proximity to
the Auburn Environmental Park that benefit from that location and will complement the park and its
environmental focus. Uses allowed in this zone will focus upon medical, biotech and “green” technologies
including energy conservation, engineering, water quality and similar uses. Other uses complementary to and
supporting these uses are also allowed. Incorporation of sustainable design and green building practices will be
a primary aspect of this zone. The construction of leadership in energy and environmental design (LEED) and
built green certified buildings is encouraged and built green will be required for multiple-family dwellings.
The city recognizes that much of the property in this zone was developed under earlier standards, so the goals
of the district will be realized over a period of time as properties are redeveloped.
HI. M-2, Heavy Industrial Zone. The M-2 zone is intended to accommodate a broad range of manufacturing
and industrial uses. Permitted activity may vary from medium to higher intensity uses that involve the
manufacture, fabrication, assembly, or processing of raw and/or finished materials. Heavy industrial uses
should not be located near residential development.
While other uses may be sited within this zone, permits for such uses should not be issued if such uses will
discourage use of adjacent sites for heavy industry, interrupt the continuity of industrial sites, or produce traffic
in conflict with the industrial uses. (Ord. 6728 § 3 (Exh. C), 2019; Ord. 6433 § 26, 2012.)
18.23.030 Uses.
A. General Permit Requirements. Table 18.23.030 identifies the uses of land allowed in each commercial and
industrial zone and the land use approval process required to establish each use.
B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.23.030 (“Standards for
Specific Land Uses”) includes a reference to a code section number, the referenced section determines other
requirements and standards applicable to the use regardless of whether it is permitted outright or requires an
administrative or conditional use permit.
C. Uses Affected by the Airport Overlay. Refer to Chapter 18.38 ACC to determine whether uses are
separately prohibited by that chapter or will be required to comply with additional regulations that are
associated with the airport overlay.
Table 18.23.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone, Commercial and
Industrial Zones
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific Land
Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING
Building contractor, light X X X P X P X P
Building contractor, heavy X X X X X A X P
Manufacturing, assembling
and packaging – Light
intensity
X X X P X P P P ACC 18.31.180
Manufacturing, assembling
and packaging – Medium
intensity
X X X A X P A P ACC 18.31.180
Manufacturing, assembling
and packaging – Heavy
intensity
X X X X X X X A ACC 18.31.180
Marijuana processor X X X X X C C C Chapter 18.59 ACC
Marijuana producer X X X X X C C C Chapter 18.59 ACC
Marijuana researcher X X X X X C C C Chapter 18.59 ACC
Marijuana retailer X X X C X C C C Chapter 18.59 ACC
Marijuana transporter business X X X X X C C C Chapter 18.59 ACC
Outdoor storage, incidental to
principal permitted use on
property
X X X P X P P P ACC 18.57.020(A)
Storage – Personal household
storage facility (mini-storage)
X P X P X P X P ACC 18.57.020(B)
Warehousing and distribution X X X X X P P C ACC 18.57.020(C)
Warehousing and distribution,
bonded and located within a
designated foreign trade zone
X X X P X P P P
Wholesaling with on-site retail
as an incidental use (e.g.,
coffee, bakery)
X X X P X P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Commercial recreation facility,
indoor
X P P P P P P A
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific Land
Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Commercial recreation facility,
outdoor
X X X A A P A A ACC 18.57.025(A)
Conference/convention facility X X A A X A X X
Library, museum X A A A X A P X
Meeting facility, public or
private
A P P P X A P A
Movie theater, except drive-in X P P P P X X X
Private school – Specialized
education/training (for profit)
A A P P P P P P
Religious institutions, lot size
less than one acre
A P P P A A A A
Religious institutions, lot size
more than one acre
C P P P A A A A
Sexually oriented businesses X X X P X P X P Chapter 18.74 ACC
Sports and entertainment
assembly facility
X X A A X A X A
Studio – Art, dance, martial
arts, music, etc.
P P P P P P A A
RESIDENTIAL
Caretaker apartment X P P P X P P P
Live/work unit X X P P P P P X
Work/live unit X P P P P P P X
Marijuana cooperative X X X X X X X X
Multiple-family dwellings as
part of a mixed-use
development2
X X P P P P P X ACC 18.57.030
Multiple-family dwellings,
stand-alone
X X X X X X X X
Nursing home, assisted living
facility
X P P P C X X X
Senior housing2 X X A A X X X X
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific Land
Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
RETAIL
Building and landscape
materials sales
X X X P X P X P ACC 18.57.035(A)
Construction and heavy
equipment sales and rental
X X X X X A X P
Convenience store A A P P X P P P
Drive-through espresso stands A A A P A P A A
Drive-through facility,
including banks and
restaurants
A A A P P P X P ACC 18.52.040
Entertainment, commercial X A P P X A X A
Groceries, specialty food
stores
P P P P P P P X ACC 18.57.035(B)
Nursery X X X P A P X P ACC 18.57.035(C)
Outdoor displays and sales
associated with a permitted use
(auto/vehicle sales not
included in this category)
P P P P P P P P ACC 18.57.035(D)
Restaurant, cafe, coffee shop P P P P P P P P
Retail
Community retail
establishment
A P P P P P X P
Neighborhood retail
establishment
P P P P P P X P
Regional retail establishment X X X P P P X A
Tasting room P P P P P P P P
Tavern P P X P P P X A
Wine production facility, small
craft distillery, small craft
brewery
A P P P P P P P
SERVICES
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific Land
Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Animal daycare (excluding
kennels and animal boarding)
A A A P A P X P ACC 18.57.040(A)
Animal sales and services
(excluding kennels and
veterinary clinics)
P P P P P P X P ACC 18.57.040(B)
Banking and related financial
institutions, excluding drive-
through facilities
P P P P P P P P
Catering service P P P P A P A P
Daycare, including mini
daycare, daycare center,
preschools or nursery schools
A P P P P P P X
Dry cleaning and laundry
service (personal)
P P P P P P P P
Equipment rental and leasing X X X P X P X P
Kennel, animal boarding X X X A X A X A ACC 18.57.040(C)
Government facilities; this
excludes offices and related
uses that are permitted outright
A A A A A A A A
Hospital X P P P X P X P
Lodging – Hotel or motel X P P P P A P A
Medical – Dental clinic P P P P P P X X
Mortuary, funeral home,
crematorium
A P X P X P X X
Personal service shops P P P P P P X X
Pharmacies P P P P P X X X
Print and copy shop P P P P P P X X
Printing and publishing (of
books, newspaper and other
printed matter)
X A P P P P P P
Professional offices P P P P P P P P
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific Land
Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Repair service – Equipment,
appliances
X A P P P P X P ACC 18.57.040(D)
Veterinary clinic, animal
hospital
A P P P P P X X
Youth community support
facility
X P X X X X X X ACC 18.57.040(E)
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Ambulance, taxi, and
specialized transportation
facility
X X X A X P X P
Broadcasting studio X P X P X P X P
Heliport X X X C X C X C
Motor freight terminal1 X X X X X X X X See Footnote No. 1
Parking facility, public or
commercial, surface
X P P P P P P X
Parking facility, public or
commercial, structured
X P P P P P P X
Towing storage yard X X X X X A X P ACC 18.57.045(A)
Utility transmission or
distribution line or substation
A A A A A A A A
Wireless communications
facility (WCF) (See ACC
18.04.912(W))
* * * * * * * * *See ACC 18.31.100 for use
regulations and zoning
development standards.
Eligible facilities request
(EFR) (wireless
communications facility) (See
ACC 18.04.912(H))
P P P P P P P P
Small wireless facilities (ACC
18.04.912(Q))
P P P P P P P P
VEHICLE SALES AND SERVICES
Automobile washes
(automatic, full or self-service)
X A X P P P X P ACC 18.57.050(A)
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific Land
Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Auto parts sales with
installation services
X A A P P P X P
Auto/vehicle sales and rental X A X P X P X P ACC 18.57.050(B)
Fueling station X A A P P P X P ACC 18.57.050(C)
Mobile home, boat, or RV
sales
X X X P X P X P
Vehicle services – Repair/body
work
X X A P X P X P ACC 18.57.050(D)
OTHER
Any commercial use abutting a
residential zone which has
hours of operation outside of
the following: Sunday: 9:00
a.m. to 10:00 p.m. or
Monday – Saturday: 7:00 a.m.
to 10:00 p.m.
A A A A A A A A
Other uses may be permitted
by the planning director or
designee if the use is
determined to be consistent
with the intent of the zone and
is of the same general
character of the uses permitted.
See ACC 18.02.120(C)(6),
Unclassified Uses.
P P P P P P P P
1 Any motor freight terminal, as defined by ACC 18.04.635, in existence as of the effective date of the ordinance codified in
this section, is an outright permitted use in the M-1 and M-2 zones. Any maintenance, alterations and additions to an existing
motor freight terminal which are consistent with ACC 18.23.040, Development standards, are allowed.
2 Any mixed-use development or senior housing project vested prior to Resolution No. 5187 (December 7, 2015) is an outright
permitted use in the C-1 zone. Subsequently, if a nonresidential use within a vested mixed-use development changes, then the
nonresidential use shall maintain a minimum of 10 percent of the cumulative building ground floor square footage consisting of
the uses permitted outright, administratively, or conditionally, listed under “Recreation, Education, and Public Assembly,”
“Retail,” or “Services” of the C-1 zone.
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(Ord. 6838 § 1 (Exh. A), 2021; Ord. 6799 § 6 (Exh. F), 2020; Ord. 6728 § 3 (Exh. C), 2019; Ord. 6688 § 1 (Exh. 1), 2018; Ord.
6644 § 2, 2017; Ord. 6642 § 9, 2017; Ord. 6508 § 1, 2014; Ord. 6433 § 26, 2012.)
18.23.040 Development standards.
A. Hereafter, no use shall be conducted and no building, structure and appurtenance shall be erected,
relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the requirements in Tables
18.23.040A (C-N, C-1, C-2, C-3, and C-4 Zone Development Standards) and 18.23.040B (M-1 , EP and M-2
Zone Development Standards) and in compliance with the provisions of this title, and then only after securing
all permits and approvals required hereby. These standards may be modified through either an administrative
variance or variance, subject to the procedures of Chapter 18.70 ACC.
Table 18.23.040A. C-N, C-1, C-2, C-3, and C-4 Zone Development Standards
Development Standard
Requirement by Zone
C-N
Neighborhood
Shopping Center
C-1
Light
Commercial
C-2
Central Business
C-3
Heavy
Commercial
C-4
Mixed-Use
Commercial
Minimum lot area 2 acres None None None None1
Minimum lot width, depth None None None None None
Maximum lot coverage 55 percent None None None None
Minimum setbacks Minimum setbacks required for structures. See also ACC 18.31.070 for specific exceptions to
these setback standards.
Front 50 ft 20 ft None 20 ft 20 ft
Side – Interior None2 None2 None None2 None2
Side – Street 50 ft 15 ft None 15 ft 15 ft
Rear None2 None2 None None2 None2
Height limit Maximum allowable height of structures. See also ACC 18.31.030 (Height limitations –
Exceptions) for specific height limit exceptions.
Maximum height 30 ft 45 ft3 ACC 18.23.050 75 ft 75 ft
Additional development
standards
None None ACC 18.23.050 None None
Fences and hedges See Chapter 18.31 ACC
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
Signs See Chapter 18.56 ACC
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Development Standard
Requirement by Zone
C-N
Neighborhood
Shopping Center
C-1
Light
Commercial
C-2
Central Business
C-3
Heavy
Commercial
C-4
Mixed-Use
Commercial
Lighting See Chapter 18.55 ACC
Nonconforming structures,
land and uses
See Chapter 18.54 ACC
Notes:
1 Residential uses: no minimum lot size; provided, that residential density does not exceed 20 units per gross acre (this
includes privately owned open space tracts but excludes dedicated public roads).
2 A 25-foot setback is required when adjacent to a residential zone.
3 Buildings within the Auburn north business area, as established by Resolution No. 2283, may exceed 45 feet if one additional
foot of setback is provided from each property line (or required minimum setback) for each foot the building exceeds 45 feet in
height.
Table 18.23.040B. M-1 , EP and M-2 Zone Development Standards
Development Standard
Requirement by Zone
M-1
Light Industrial
EP
Environmental Park
M-2
Heavy Industrial
Minimum lot area None None None
Minimum lot width, depth None None None
Maximum lot coverage None 35 percent None
Minimum setbacks Minimum setbacks required for structures. See also ACC 18.31.070 for
specific exceptions to these standards.
Front 20 ft 20 ft 30 ft
Side – Interior None1 15 ft None1
Side – Corner 20 ft 20 ft 30 ft
Rear None1 20 ft1 None1
Height limit Maximum allowable height of structures. See also ACC 18.31.030 (Height
limitations – Exceptions) for specific height limit exceptions.
Maximum height 45 ft2 35 ft 45 ft2
Additional development standards None ACC 18.23.060 None
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Development Standard
Requirement by Zone
M-1
Light Industrial
EP
Environmental Park
M-2
Heavy Industrial
Fences and hedges See Chapter 18.31 ACC
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
Signs See Chapter 18.56 ACC
Lighting See Chapter 18.55 ACC
Nonconforming structures, land and uses See Chapter 18.54 ACC
Notes:
1 A 25-foot setback is required when adjacent to a residential zone.
2 Buildings may exceed 45 feet if one foot of setback is provided from each property line (or required minimum setback) for
each foot the building exceeds 45 feet.
(Ord. 6728 § 3 (Exh. C), 2019; Ord. 6433 § 26, 2012.)
18.23.050 Additional development standards for C-2, central business zone.
A. Maximum Building Height.
1. The maximum height of that portion of a building that abuts a street(s) shall be no higher than the
right-of-way width of the abutting street(s). Building height may increase; provided, that the building is
stepped back one foot (from the abutting street right(s)-of-way) for each foot of increased building height.
2. If the building abuts more than one street and the abutting streets have different right-of-way widths,
then the height of the building allowed at any street frontage shall be the average of the abutting street
right-of-way widths.
3. The following rooftop features may extend up to 15 feet above the maximum height limit: stair
towers, elevator penthouses, and screened mechanical equipment.
B. Minimum setbacks: none required, see subsection D of this section for specific building orientation
requirements.
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C. Fences shall be decorative and relate architecturally to the associated building. Acceptable materials are
brick, wood, stone, metal, or textured concrete. Typical galvanized wire mesh (chain link), barbed wire or
razor wire are not permitted. For further information see Chapter 18.31 ACC.
The provisions of this section shall not apply to temporary fences required during construction projects
permitted by the city.
D. Building Orientation Requirements. The following requirements apply to the construction of all new
buildings or structures:
1. Existing buildings or structures, including facades, that do not have setbacks or otherwise cannot
comply are exempt from these requirements regardless of the amount of improvements made to the
building, structure or facade as long as any alteration does not make the existing facade more
nonconforming.
2. Existing buildings, structures, or facades that are set back and within 20 feet of a street shall comply
to the fullest extent possible as determined by the planning director, with the following requirements
when any cumulative structural improvements are made that exceed 50 percent of the assessed value of
the existing building, structure, or facade.
3. Any addition to an existing building, regardless of value, that will be within 20 feet of a street shall
also comply to the fullest extent possible, as determined by the planning director, with the following
requirements.
a. For each lineal foot of frontage a building has on a street, there shall be provided an area(s) for
pedestrian amenities at the rate of one square foot of ground area for each lineal foot of building
frontage. Pedestrian amenities shall consist of such features as landscaping, benches, entryways with
accents such as brick pavers, artwork, or a combination of these or similar features. The pedestrian
amenities shall be located on the property between the street right-of-way and the building. The
planning director shall approve the amount and type of the pedestrian amenities.
b. For buildings that have a street frontage that exceeds 50 feet, then at least 25 percent of the
building’s frontage shall be immediately adjacent to the street right-of-way.
c. For buildings that have a street frontage that is less than 25 feet, then no pedestrian amenities will
be required and the building may be located at the property line. There shall, however, be provided a
landing in front of each door that opens to a street that is large enough such that no part of any door
will encroach into the street right-of-way when the door is being opened or closed.
d. For buildings that provide additional setbacks, except as restricted by subsection (D)(3)(b) of this
section, the area between the street right-of-way and the building shall only contain pedestrian
amenities.
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e. If a building has more than two street frontages, then at least two of the frontages shall comply
with subsections (D)(3)(b) and (g) of this section and contain pedestrian amenities between the
building and the street right-of-way. Any remaining frontages shall either have pedestrian amenities,
windows, murals, flat surfaced artwork or other similar architectural features that would avoid large
blank walls.
f. For new buildings that will infill between two other existing buildings, the new building shall be
set back no further than either of the adjacent buildings unless additional setback is required to
comply with subsection (D)(3)(a) of this section. The proposed setback shall be reviewed by the
planning director to ensure the setback will maintain building continuity along the street.
g. Buildings shall have windows that encompass at least 60 percent of the first floor facade and at
least 40 percent of the facade of each additional floor. At least 50 percent of the area of the first floor
windows of nonresidential buildings shall provide visibility to the inside of the building. This
subsection shall only apply to the facades of new buildings with street frontage and shall not lessen
the requirements of the Uniform Building or Fire Codes.
h. The building’s principal pedestrian entrance shall be oriented to the street. If the building is at a
corner, either street or alley, then the principal pedestrian entrance shall be at the corner unless a
better architectural design is attained at another location and approved by the planning director.
i. Buildings that are at the intersection of either two streets or a street and an alley shall provide for
a sight distance triangular setback as required by Chapter 18.31 ACC. These triangular areas may
contain pedestrian amenities that satisfy the requirements of subsection (D)(3)(a) of this section.
j. A site plan shall be prepared by the proponent which addresses compliance with the requirements
as outlined in subsections (D)(3)(a) through (i) of this section. The site plan shall be approved by the
planning director prior to the submittal of any building permit.
k. For the sole purposes of this subsection D the term “street” shall include the right-of-way of
private and public streets. The term shall also include pedestrian walkways, encumbered by an
easement or similar means, that are used by the general public to travel from one property to another.
E. Mechanical equipment on rooftops shall be sited and designed to minimize noise and effectively screen the
equipment from view from adjacent properties and rights-of-way. The following methods, or a combination
thereof, may be used:
1. Set back from the roof edge to obscure visibility from below;
2. Integration into the building architecture, using building walls, roof wells or roof parapets to conceal
the equipment;
3. Equipment enclosure or sight-obscuring fencing or landscaping;
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4. Overhead trellis or roof to obscure visibility from above.
Materials used to screen mechanical equipment shall be the same as or compatible with the design of the
principal structure.
F. Stair towers and elevator penthouses shall be designed to be architecturally integrated into the principal
structure. This may include using the same building materials, repeating common building forms, colors or
elements, or incorporating the roof and wall of the stair tower or elevator penthouse into the upper wall of the
structure. (Ord. 6433 § 26, 2012.)
18.23.060 Additional development standards for the C-N, C-1, C-2, C-3, C-4, and
M-1 zones.EP, environmental park zone.
A. Fences and Hedges. Fences shall be decorative and relate architecturally to the associated building.
Acceptable materials are brick, wood, stone, metal, or textured concrete. Colored chain link fences may be
allowed subject to the planning director’s approval. Barbed wire or razor wire fences are not permitted. For
further information on fencing see ACC 18.31.020 The provisions of this section shall not apply to temporary
fences during construction projects permitted by the city.
AB. Loading and unloading docks shall not be visible from the street.
BC. Mechanical equipment on rooftops shall be sited and designed to minimize noise and effectively screen
the equipment from view from adjacent properties and rights-of-way. The following methods, or a
combination thereof, may be used:
1. Set back from the roof edge to obscure visibility from below;
2. Integration into the building architecture, using building walls, roof wells or roof parapets to conceal
the equipment;
3. Equipment enclosure or sight-obscuring fencing or landscaping;
4. Overhead trellis or roof to obscure visibility from above.
Materials used to screen mechanical equipment shall be the same as or compatible with the design of the
principal structure. (Ord. 6433 § 26, 2012.)
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Chapter 18.31
SUPPLEMENTAL DEVELOPMENT STANDARDS
18.31.100 Wireless communications facilities siting standards.
The following siting standards are intended to guide the location and development of wireless communications
facilities (WCF as defined by ACC 18.04.912(W)) on properties regulated under this title. The siting of small
wireless facilities shall also be in accordance with ACC 18.31.110:
L. Zones in Which WCFs Are Permitted. The following table illustrates which zones the types of facilities as
defined by ACC 18.04.912(K) and (W) and subsection A of this section are allowed in and which land use
approval process, if any, is required. Microcells, as defined by ACC 18.04.912(M) (not located in public
ways), are allowed only in residential zones and shall be permitted outright pursuant to the provisions of ACC
18.04.912(M).
Type of Permit Required
Zone Permitted
Outright
Administrative
Use Permit
Conditional
Use Permit
All
Zones
1-D 1-D1 1-D2
RO,
RO-H
1-A 1-B 1-C
C-N 1-A 1-B 1-C
C-1 1-A 1-B 1-C
C-2,
DUC
1-A 1-B 1-C
C-3,
C-4
1-B, 2-A 1-C, 2-B, 3-A 3-B
M-1, EP 1-B, 2-A 1-C, 2-B, 3-A 3-B
M-2 1-B, 2-A 1-C, 2-B, 3-A 3-B
P-1 1-B, 2-A 1-C, 2-B 3-A3
I 1-A 1-B 1-C
LF 1-A 1-B 1-C
1 Allowance for the WCF to extend to a height of 20 percent of the supporting structure.
2 Allowance for the WCF to extend to a height of 30 percent of the supporting structure.
3 The maximum height allowed, including antennas, is 45 feet.
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Chapter 18.36
BP BUSINESS PARK DISTRICT
Sections:
18.36.010 Intent.
18.36.020 Process.
18.36.030 Permitted uses.
18.36.040 Application.
18.36.050 Development standards.
18.36.060 Supplemental development standards.
18.36.070 Time limit.
18.36.010 Intent.
The purpose of the BP district is to respond to modern trends in business park development by providing a
suitable area for industrial, professional office, service and commercial uses within a planned, well managed
site with high quality development standards.
It is also the intent of this district to allow flexibility with regard to development standards and uses if the
flexibility results in an atmosphere of superior architectural, site and landscape design.
This district may be applied to any site within the city designated as “region serving” in the comprehensive
plan, which is zoned commercial or industrial. In addition, the comprehensive plan identifies specific locations
appropriate for business park development. (Ord. 4229 § 2, 1987.)
18.36.020 Process.
The approval process for business parks is in two steps. The first step in the conceptual approval of the
business park, by the hearing examiner and city council, this step also approves the rezone to the business park
district. The second step is the approval of the site plan by the planning director.
A. Conceptual Approval.
1. Conceptual approval of a business park shall be applied by the rezone process as specified in ACC
18.68.030(A)(1). The rezone shall be a contract rezone and shall include an agreement that establishes the
type, square footage and general location of the uses; the location and size of the park; restrictive
covenants; public improvements; and the responsibilities of the owner/developer.
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2. A BP district shall only be approved when the owner/developer has demonstrated that a public benefit
will result and the project contains architectural, site, and landscape design standards that are significantly
superior to those typically required in the other industrial and commercial zones.
3. No significant impacts on the public infrastructure shall occur that cannot be effectively mitigated by
the development of the business park.
4. If the approval of the business park requires a subdivision of property, the preliminary plat may be
processed concurrently.
B. Site Plan Approval.
1. The site plan of a business park shall be approved by the planning director.
2. From the date of filing a complete application the planning director shall within 30 calendar days
either approve, deny, or approve with conditions the site plan. The decision of the director shall be final
unless appealed to the hearing examiner pursuant to ACC 18.70.050.
3. The city attorney shall prepare the necessary documents, approving the site plan, which shall be
recorded at the appropriate King County office, for properties located in King County, or recorded at the
appropriate Pierce County office for properties located in Pierce County. (Ord. 6809 § 1 (Exh. A), 2021; Ord.
6779 § 3, 2020; Ord. 5170 § 1, 1998; Ord. 4229 § 2, 1987.)
18.36.030 Permitted uses.
Only those uses specifically authorized in the contract rezone, as approved by the hearing examiner and city
council, may be permitted in this zone. Any of the uses listed as permitted, administrative, and conditional in
the M-1 district, Chapter 18.32ACC, and those uses listed as permitted in the C-3 district, Chapter 18.32 ACC,
may be those uses as being permitted in this zone. This however shall not allow outdoor activities such as
storage, fabrication, or sales, unless specifically authorized as part of the contract rezone. The hearing
examiner and city council may establish any procedural or substantive conditions on any such use as may be
appropriate for the site. (Ord. 4229 § 2, 1987.)
18.36.040 Application.
A. Conceptual Approval. An application shall be required for conceptual approval of a business park and
shall include the following:
1. Standard rezone application;
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2. List of uses;
3. Covenants and restrictions;
4. A site plan to illustrate the following:
a. Vicinity map,
b. Boundaries and dimensions of proposed park,
c. Acreage of park,
d. Layout of interior streets,
e. Adjacent public streets,
f. Easements, existing, and if known, proposed,
g. Location and size of all existing utilities,
h. General location of uses,
i. Existing ownership pattern,
j. The site plan shall be properly dimensioned and drawn at a scale not less than one inch equals 40
feet and on a sheet size 24 by 36 inches, more sheets may be used if necessary. A reproducible and
seven copies of the site plan shall be submitted at the time of application. An alternative scale may
be approved by the planning director.
B. Site Plan Approval. An application shall be required for site plan approval of a business park and shall
include the following:
1. The ordinance and contract of the conceptual approval;
2. A site plan which shall illustrate the following:
a. Vicinity map,
b. Boundaries and dimensions of park,
c. If partial approval, illustrate the proposal within the boundaries of the park,
d. Illustrate previous site plan approvals that may have occurred within the park,
e. Acreage of proposal,
f. Layout of interior streets,
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g. Adjacent public streets,
h. Easements, existing and proposed,
i. Location and size of all existing and proposed utilities,
j. Typical street cross section,
k. Location of uses,
l. Location of buildings and structures, both existing and proposed, including setbacks,
m. Location and layout of off-street parking, loading and unloading areas,
n. Location of walls and fences, indication of their height and materials,
o. Location of any storage areas or refuse containers,
p. Location and size of signs,
q. Landscaping plan,
r. Indication of height of buildings,
s. Proposed architectural treatment of large expanse of walls,
t. Any covenants not previously approved,
u. The site plan shall be properly dimensioned and drawn at a scale not less than one inch equals 40
feet and on a sheet size 24 by 36 inches, more sheets may be used if necessary. A reproducible and
seven copies of the site plan shall be submitted at the time of application. An alternative scale may
be approved by the planning director. (Ord. 4229 § 2, 1987.)
18.36.050 Development standards.
Development standards in a BP district are as follows:
A. Minimum area to be developed as a business park: 10 acres;
B. Minimum lot area: none required;
C. Minimum lot width: none required;
D. Minimum lot depth: none required;
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E. Maximum lot coverage: none required;
F. Maximum building height: 35 feet. Additional height may be allowed if approved by the hearing examiner
and city council;
G. Minimum Yard Setbacks.
1. Exterior Property Lines: Setbacks from the exterior boundary line of the business park shall be
comparable to or compatible with those of existing development of adjacent properties; or if adjacent
properties are undeveloped, the type of development which may reasonably be expected on such
properties given the existing zoning of such properties or the projections of the comprehensive plan. In no
event shall such setback be less than 20 feet.
2. Interior Property Lines: The setbacks within the business park may either be determined at the time of
conceptual or site plan approval;
H. Fences and hedges: see Chapter 18.31ACC;
I. Parking: see Chapter 18.52 ACC;
J. Landscaping: see Chapter 18.50 ACC, a minimum of 15 percent of the business park shall be
landscaped;
K. Signs: see Chapter 18.56 ACC;
L. Performance standards: see Chapter 18.58 ACC;
M. Sidewalks and/or walkways: there may be flexibility in the design of sidewalks or walkways if
approved by the city engineer. (Ord. 4229 § 2, 1987.)
18.36.060 Supplemental development standards. (For the BP Zone.)
Supplemental development standards in a BP district are as follows:
A. All activities shall be conducted entirely within a building except as follows:
1. Gas pumps,
2. Refuse containers, provided they are screened from adjoining property and public or private right-of-
way,
3. Horticulture activities,
4. Play areas for daycare,
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5. Outdoor activities as permitted by the contract rezone;
B. All odors, noise, vibrations, heat, glare, or other emissions are controlled within the confines of a building
unless specifically permitted elsewhere by this title;
C. No outdoor testing of products;
D. No highly combustible, explosive or hazardous materials are permitted, unless clearly incidental and
secondary to the permitted use;
E. Rooftop equipment shall be set back a minimum of 20 feet from the edge of the roof and be painted the
same color as the building on which the equipment is located: or, screen the equipment from adjoining uses or
from street right-of-way if setback is less than 20 feet;
F. Loading and unloading docks that have frontage on a street shall be required to provide an additional 10-
foot width of Type III landscaping or in lieu of the additional 10-foot width, a Type II landscaping may be
provided;
G. Outdoor storage may be restricted to the rear of the property and shall as a minimum be guided by the
screening and landscaping requirements of the M-1 zone;
H. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage
facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous
waste treatment and storage facilities shall be subject to the state siting
18.36.070 Time limit.
In order to effectively respond to the changing circumstances with regard to industrial land within Auburn and
on neighboring parcels of the business park, and to be consistent with evolving development standards, the
following time limit shall apply:
A. Each five years, from the approval date of the contract of each business park, the hearing examiner shall
review the contract of each business park in which construction has not been completed. The hearing examiner
shall determine whether the business park is still a viable proposal by reviewing whether the applicant is still
pursuing the project, or there are conflicts in the execution of the contract, and shall recommend to the city
council to either extend, amend or void the contract.
If a contract is voided, the BP zone itself may remain but further construction shall only be authorized by the
execution of a new contract.
If a contract is voided, the hearing examiner must find reason for the BP zone to remain on that portion of the
business park that has not been constructed. If no reason is found to continue the BP zone, then the hearing
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examiner shall conduct a public hearing to rezone the parcel back to the zone on the property prior to the BP
zone. (Ord. 4229 § 2, 1987.)
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Chapter 18.47
ELECTRIC VEHICLE INFRASTRUCTURE
18.47.020 Permitted locations.
EVI Type
Zoning District
PUD, RC,
R-1, R-5
R-7, R-10,
R-16, R-20 C-N, RO DUC C-1, C-2,
C-3
M-1, M-2,
BO, EP I, P-1
EV Charging Station1, 2 P3 P3 P P P P P
Rapid Charging Station4 P5 P5 P P P P P
Battery Exchange Station X X X X P P P
P: Use is permitted. X: Use is not allowed in the given zoning district.
Development Standards:
1 Level 1 and Level 2 charging only.
2 Level 1 and Level 2 charging are permitted in aquifer recharge areas and in other critical areas when serving an existing use.
3 Allowed only as accessory to a principal outright permitted use or permitted conditional use.
4 The term “rapid” is used interchangeably with Level 3 and fast charging.
5 Only “electric vehicle charging stations – restricted” as defined in ACC 18.04.354.
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Chapter 18.50
LANDSCAPING AND SCREENING
18.50.040 Landscape development standards.
A. General Location for Landscape Improvements. Landscaping shall be provided in the following locations
for all types of development, unless the city determines that the required landscape is not necessary to fulfill
the purposes of this chapter:
1. Perimeter Areas. All areas that abut a street or residential property shall be landscaped in compliance
with this chapter, except where occupied by a primary building, walk or driveway. Minimum landscape
areas are listed in Tables 18.50.040(A) and (B).
2. Unused Areas. All areas of a multifamily or nonresidential project site not intended for a specific use
(including areas planned for future phases of a phased development) shall be landscaped with existing
natural vegetation, native grasses or similar.
3. Parking/Loading Areas. Parking lots, and where loading areas are visible from a public street, shall be
landscaped in compliance with this chapter.
4. Outdoor Storage Areas, Recreational Vehicle Parking, and Refuse Areas. All outdoor storage areas,
recreational vehicle parking, and refuse areas, when visible from adjoining properties or public streets,
shall be landscaped in compliance with this chapter.
5. Stormwater Low Impact Development (LID) Facilities. Areas of vegetation planted in storm water
LID facilities (not permanently inundated or ponded areas) and for which there is a city-approved
maintenance plan as prescribed in the city’s Engineering Design Standards Manual shall count towards
the minimum landscape coverage areas outlined in subsection B of this section.
B. Landscape Area Requirements by Zones. Minimum landscape area requirements are listed below by zones
consistent with ACC 18.02.070.
Table 18.50.040(A). Minimum Landscape Requirements by Zoning District
Zones
Minimum
Landscape
Coverage1
Minimum Landscape Planter Width –
Perimeter Areas2
Abutting Street3
Abutting
Residential
Property
Residential Zones
RC, R-1, R-5, and R-7 Residential Zones4 N/A N/A N/A
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Zones
Minimum
Landscape
Coverage1
Minimum Landscape Planter Width –
Perimeter Areas2
Abutting Street3
Abutting
Residential
Property
R-10, R-16 and R-20 Zones5 20% 6 ft. 10 ft.
Nonresidential Zones
C-2 10% 0 ft. 6 ft.
C-1, C-N 10% 6 ft. 10 ft.
C-3, I, P-1 15% 6 ft. 10 ft.
EP 10% 10 ft. 10 ft.
BP 15% 10 ft. 10 ft.
M-1 10% 10 ft. 10 ft.
M-2 10% 10 ft. 25 ft.
Other
RO6/RO-H6 N/A N/A N/A
DUC7 N/A N/A N/A
Notes:
1 Minimum landscape coverage required is the minimum percentage of net lot area that must be maintained with a vegetated
pervious surface. Vegetated bioretention cells or water quality treatment swales (not permanently inundated or ponded areas)
may be included in the required landscape coverage percentage. Preference shall first be given to retention of areas of existing
native coniferous vegetation. For sites that do not have existing native coniferous vegetation, landscape coverage can be
achieved through planting of native species.
2 Listed planter widths shall be located entirely on private property.
3 The minimum landscape planter abutting a street may be reduced in size using the provision contained in ACC 18.50.080,
Alternative landscaping plan. The reduced landscape planter shall have an average width of the requirement contained in Table
18.50.040(A).
4 Landscaping shall only be required in conjunction with an administrative or conditional use permit. The type and amount of
landscaping shall be determined at that time the administrative or conditional use permit is approved.
5 Refer to ACC 18.31.200, Architectural and site design review standards and regulations, for additional requirements.
6 Landscaping within the RO/RO-H zone is not required unless site development includes the demolition of existing structure(s)
together with new construction. Under this scenario the minimum landscape requirements of the C-1 zone shall be met.
7 Landscaping within the DUC zone shall be provided as defined in the Downtown Urban Center Design Standards; see
reference to ACC 18.29.070.
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Chapter 18.54
NONCONFORMING STRUCTURES, LAND AND USES
18.54.080 Amortization and abatement of outdoor storage.
All outdoor storage yards that do not comply with the landscape and screening requirements of Chapter 18.50
ACC which are located within an M-1 or BP zone that are adjacent to a residential zone or are visible from a
public street shall, within three years of the adoption of this title, screen and landscape the outdoor storage
pursuant to the requirements of Chapter 18.50 ACC, or the use shall be abated. (Ord. 4229 § 2, 1987.)
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Chapter 18.55
OUTDOOR LIGHTING
18.55.030 General requirements.
A. Shielding Required. Except as otherwise exempt, all outdoor lighting fixtures shall be constructed with
shielding on all sides. The outdoor light source (bulb or element) shall not be visible at or beyond the property
line.
Figure 18.55.030. Examples of light fixtures with shielding on all sides
B. Fixture Heights. Lighting fixtures shall not exceed the following maximum heights:
Table 18.55.030.
Outdoor Lighting
Location
Fixture Height
(Maximum as measured to
the top of the fixture from
grade)
Within 50' of a
residential zoning
district
16 ft
Surface Parking Area
C-1, C-3, M-1, M-2, EP
All other districts
30 ft
24 ft
C. Photometric Plan Requirements. A photometric plan shall be prepared and submitted for review and
approval when required under ACC 18.55.020, Applicability. The required elements of the plan shall be
specified in application forms to be provided by the city. The photometric plan will be reviewed to ensure
compliance with the provisions in this chapter.
D. Level of Illumination.
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1. Parking lots, driveways, and trash enclosures/areas shall be illuminated with a minimum maintained
one foot-candle of light and an average not to exceed four foot-candles of light.
2. Pedestrian walkways shall be illuminated with a minimum maintained one-half foot-candle of light
and an average not to exceed two foot-candles of light.
3. In order to minimize light spillage on abutting residential property, illumination measured at the
nearest residential structure or rear yard setback line shall not exceed one-tenth foot-candle.
E. Accent Lighting. Lighting used to accent architectural features, landscaping or art is permitted to be
directed upward; provided, that the fixture shall be located, aimed, or shielded to minimize light spill. No
permit is required for this type of lighting.
F. Periods of Illumination.
1. All outdoor lighting systems shall be equipped with automatic switches conforming to the
requirements of Section 1513.6.2 of the Washington Energy Code.
2. The use of sensor technologies, timers or other means to activate lighting during times when it will be
needed is encouraged to conserve energy, provide safety and promote compatibility between different
land uses. Lower lighting levels at off-peak times are encouraged as a safety measure.
3. However, outdoor lights may remain on during the required off hours when:
a. Illuminating flags representing country, state, or other civic entity;
b. Functioning as security lighting (e.g., illuminating a pathway, building entry, etc.);
c. Associated with special events, etc. (Ord. 6390 § 1, 2011.)
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Chapter 18.57
STANDARDS FOR SPECIFIC LAND USES
18.57.020 Industrial, manufacturing and processing, wholesaling.
A. Outdoor Storage, Incidental to Principal Permitted Use on Property.
1. C-3 Zone. Outdoor storage is subject to the following requirements:
a. Outdoor storage shall be limited to an area no greater than 10 percent of the lot.
b. Outdoor storage shall be located between the rear lot line and the extension of the front facade of
the principal structure; provided also, that for corner lots no outdoor storage is allowed between a
building and a side street lot line. For through lots, the location for outdoor storage shall be
determined by the planning director.
c. Outdoor storage shall not be located in a required yard/setback area.
d. Outdoor storage shall not be permitted on undeveloped lots.
e. Outdoor storage shall be limited to 15 feet in height. The planning director may authorize an
increase in height, up to 50 percent, through an administrative variance, subject to the procedures of
ACC 18.70.015(A)(2).
f. Outdoor storage areas shall be landscaped in accordance with ACC 18.50.040(C)(5).
g. Outdoor storage areas shall consist of a hard surface material of either gravel or paving.
h. Outdoor storage shall consist of supplies, materials, and/or equipment that are in working and
usable condition.
i. Outdoor storage of unworkable and/or unusable equipment, supplies or materials is not permitted.
2. M-1 Zone. Outdoor storage is subject to the following requirements:
a. Outdoor storage shall be limited to an area no greater than 50 percent of the lot.
b. Meet requirements of subsections (A)(1)(b) through (i) of this section.
3. EP Zone. Outdoor storage is subject to the following requirements:
a. Outdoor storage shall be limited to an area no greater than 15 percent of the lot.
b. Meet requirements of subsections (A)(1)(b) through (i) of this section.
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34. M-2 Zone. Outdoor storage is subject to the following requirements:
a. Outdoor storage shall be landscaped in accordance with ACC 18.50.040(C)(5).
b. Outdoor storage shall not be permitted on undeveloped lots.
c. Outdoor storage shall be limited to 30 feet in height.
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18.57.035 Retail.
A. Building and Landscape Materials Sales.
1. All Zones Where Permitted.
a. Landscape materials displayed outdoors are limited to plants, soils, gravel, and fertilizer. No soil
mixing is allowed.
b. Stored materials other than landscape plant materials shall be completely screened by walls or
buildings and shall not protrude above the height of the enclosing walls or buildings or be visible
from a public right-of-way or adjacent residential zone or use and shall not be located in any of the
required setbacks.
c. Stored building supplies and landscaping materials shall be limited to 15 feet in height. The
planning director may authorize an increase in height, up to 50 percent, through an administrative
variance, subject to the procedures of ACC 18.70.015(A)(2).
B. Groceries, Specialty Food Stores.
1. EP Zone.
a. Groceries and specialty food stores are limited to 20,000 square feet in size.
18.57.030 Mixed-use development.
A. All Zones Where Permitted.
1. Multiple-family dwellings shall only occur concurrent with or subsequent to the development and
construction of the nonresidential components of the mixed-use development unless a different sequence
is allowed in the following code sections.
2. Vertical Mixed-Use.
a. Mixed-use development comprised of a maximum of one building on a development site shall
have a minimum of 50 percent of the ground floor comprised of one or more of the uses permitted
outright, administratively, or conditionally, listed under “Recreation, Education, and Public
Assembly,” “Retail,” or “Services” in Table 18.23.030; provided, that uses normal and incidental to
the building including, but not limited to, interior entrance areas, elevators, waiting/lobby areas,
mechanical rooms, mail areas, garbage/recycling/compost storage areas, and vehicle parking areas
located on the ground floor shall occupy a maximum of 50 percent of the ground floor space.
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3. Horizontal Mixed-Use.
a. Mixed-use development comprised of two or more buildings shall have a minimum of 25 percent
of the cumulative building ground floor square footage comprised of one or more of the uses
permitted outright, administratively, or conditionally, listed under “Recreation, Education, and
Public Assembly,” “Retail,” or “Services” in Table 18.23.030; provided, that uses normal and
incidental to the building including, but not limited to, interior entrance areas, elevators,
waiting/lobby areas, mechanical rooms, mail areas, garbage/recycling/compost storage areas, and
vehicle parking areas located on the ground floor shall not be included in this 25 percent
requirement.
b. Mixed-use development comprised of two or more buildings (horizontal mixed-use) shall be
arranged with the required nonresidential building(s) located adjacent to the public street or private
street and the multifamily located behind. For a corner lot or through lot, the nonresidential
building(s) shall be located adjacent to higher classification street.
B. C-2 Zone.
1. Vertical mixed-use development is required.
2. All other requirements of subsection A of this section shall apply.
C. C-3 Zone.
1. One thousand two hundred square feet of lot area is required for each dwelling unit.
2. All other requirements of subsection A of this section shall apply.
D. C-4 Zone.
1. Vertical or horizontal mixed-use is allowed.
2. Multiple-family dwellings may be constructed prior to the development and construction of the
nonresidential components of the mixed-use development; provided, that the nonresidential components
of the master plan are development ready (i.e., wet and dry utilities are extended to future commercial
pads) and required frontage improvements as determined by the community development director are
completed.
E. M-1 Zone.
1. Vertical mixed-use development is required.
2. Ground floor uses shall be comprised of one or more of the uses permitted outright, administratively,
or conditionally, listed under “Retail” or “Services” in Table 18.23.030. All other requirements of
subsection A of this section shall apply.
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F. EP Zone.
1. The multiple-family development incorporates sustainable design and green building practices and
qualifies to be built green certified.
2. All other requirements of subsection A this section shall apply. (Ord. 6728 § 5 (Exh. E), 2019; Ord. 6644
§ 3, 2017; Ord. 6478 § 1, 2013; Ord. 6435 § 1, 2012.)
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Chapter 18.64
ADMINISTRATIVE AND CONDITIONAL USE PERMITS
18.64.020 Process.
A. Administrative Use Permits. An application for an administrative use permit shall be reviewed in
accordance with ACC Title 14 as a Type II decision, subject to the additional provisions of this section. The
planning director or designee shall make the final decision unless the application is forwarded to the hearing
examiner pursuant to subsection (A)(2) of this section, in which case the hearing examiner will make the final
decision.
1. Additional Public Notice Requirements. Administrative use permits for uses in the following zones
shall be subject to the additional public notice requirements in subsections (A)(1)(a) and (b) of this
section: R-C residential conservancy zone, C-N neighborhood shopping district, C-1 light commercial
district, C-2 neighborhood business district, C-3 heavy commercial district, M-1 light manufacturing
district, M-2 heavy manufacturing district, BP business park district:
a. The mailing radius requirement of ACC 14.07.040(A) shall be increased to 500 feet; and
b. In addition to the methods of providing notice required by ACC 14.07.040, public notice shall be
posted on the city’s website.
2. Following the public comment period provided for in ACC Title 14, the planning director or designee
shall:
a. Review the information in the record and render a decision pursuant to the procedural
requirements of ACC Title 14; or
b. Within 10 days following the close of the public comment period, forward the application to the
hearing examiner for a public hearing and final decision in accordance with Chapter 2.46 ACC if the
planning director or designee determines that one or more of the following exists:
i. Public comments indicate a substantial degree of concern, controversy, or opposition to the
proposal; or
ii. A public hearing is necessary to address issues of vague, conflicting, or inadequate
information; or
iii. The application raises a sensitive or controversial public policy issue; or
iv. A public hearing might clarify issues involved in the permit decision.
c. When a public hearing before the hearing examiner is deemed necessary by the planning director
or designee:
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i. The city shall provide written notice to the applicant within 10 days following the closing of
the public comment period that the application is being forwarded to the hearing examiner for
public hearing and decision pursuant to the procedural requirements of this chapter. The notice
shall specify the reason the application is being forwarded to the hearing examiner;
ii. Processing of the application shall not proceed until any supplemental permit review fees
set forth in the city of Auburn fee schedule are received; and
iii. The application shall be deemed withdrawn if the supplemental fees are not received within
30 days of the applicant notification by the city.
B. Conditional Use Permits. An application for a conditional use permit shall be reviewed in accordance with
ACC Title 14 as a Type III decision. A request for a conditional use permit shall be heard by the hearing
examiner in accordance with the provisions of Chapter 2.46 ACC. The hearing examiner shall make the final
decision.
C. When a proposal includes more than one element that requires administrative use and/or conditional use
approval, the following review processes shall apply:
1. For proposals with multiple administrative use elements, a single administrative use permit
application will be required; provided, that findings of fact pursuant to ACC 18.64.040 are made for each
element.
2. For proposals with administrative and conditional use elements, a single conditional use permit
application will be required; provided, that findings of fact pursuant to ACC 18.64.040 are made for each
element. (Ord. 6442 § 24, 2012; Ord. 6269 § 22, 2009; Ord. 6185 § 5, 2008; Ord. 5811 § 6, 2003; Ord. 4875 § 1, 1996;
Ord. 4840 § 1, 1996; Ord. 4304 § 1(45), 1988; Ord. 4229 § 2, 1987.)
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Chapter 3.60
SALES OR USE TAX
3.60.036 Construction sales tax exemption.
A.
1. The following purchasers in the eligible target business class who have paid the tax imposed by this
chapter on construction materials, fixed equipment, or machinery installation, or on sales of or charges
made for labor and services rendered in respect to such construction or installation of such machinery or
equipment, are eligible for an exemption as provided for in this section: for property zoned downtown
urban center (DUC), C-3 (heavy commercial district), and C-4 (mixed-use commercial), purchases
directly related to the construction of new commercial buildings or redevelopment of existing vacant
buildings 25,000 square feet or greater or expansion of existing commercial buildings that creates new or
expanded building floor area that generates sales tax revenue.
2. For property zoned downtown urban center (DUC), purchases directly related to the construction of
new commercial buildings less than 25,000 square feet, or redevelopment of existing buildings less than
25,000 square feet, where the cost of the improvement is at least 25 percent of the current assessed value
of the improvements on the property pursuant to the assessment records of King or Pierce County, as
applicable.
3. For property zoned M-1 (light industrial district) and M-2 (heavy industrial district), purchases
directly related to the construction of new commercial buildings, redevelopment of existing buildings that
result in a change of occupancy from warehouse use to manufacturing use, or redevelopment of existing
buildings where the cost of the improvement is at least 25 percent of the current assessed value of the
improvements on the property pursuant to the assessment records of King or Pierce County, as applicable.
B. A purchaser is eligible for an exemption specified under this section from the local sales and use tax paid
under this chapter, as authorized under RCW 82.14.030(2), up to a maximum of 20 percent of taxes imposed
and paid to the city of Auburn not to exceed $100,000. The purchaser is eligible for an exemption under this
section in the form of a refund.
C. For purposes of this section, the following definitions apply:
1. “Change of occupancy” means a change of the purpose for which a building is used or intended to be
used. The term shall also include the building or portion thereof in which such change of occupancy is
made. Change of occupancy is not intended to include change of tenants or proprietors.
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2. “Commercial building” means a structure that has, as its primary purpose, a commercial use as that
term is defined in ACC 18.04.240.
3. “Expansion” means to add to the floor area of a building.
4. “Purchaser” means a person or entity that is the recipient of a good or service.
D. Eligible Target Business Classes.
1. The construction sales tax exemption specified in subsection (A)(1) of this section shall only apply to
those businesses engaged in normal business activities under the following classifications of businesses
occurring within the specified zoning designations:
a. General Merchandise, Warehouse Club, SuperCenter – Sales Tax Classification Code 45291;
b. Building Materials and Garden Home Center – Sales Tax Classification Code 44411;
c. Electronics and Appliances – Sales Tax Classification Code 44311;
d. Full Service Restaurants – Sales Tax Classification Code 722110;
e. New and Used Automobile and Light Utility Truck Dealers – Sales Tax Classification Code
44110;
f. Bowling Centers – Sales Tax Classification Code 713950;
g. Motion Picture Theaters (excluding drive-in theaters) – Sales Tax Classification Code 512131;
h. Hotels – Sales Tax Classification Code 72110; and
i. Residential Buildings and Dwellings within the DUC Only – North American Industry
Classification System Code 531110.
2. The construction sales tax exemptions specified in subsections (A)(2) and (3) of this section shall
apply to all businesses located in the DUC, EP, M-1, and M-2 zoning districts as set forth in those
subsections.
E. Application for Refund.
1. A purchaser claiming an exemption and applying for a refund under this section must pay the tax
imposed by ACC 3.60.020. The purchaser may then apply to the city for a refund in a form and manner
prescribed by the city and shall submit information that the city deems adequate to justify the exemption,
including but not limited to:
a. Identification of the vendor/contractor;
b. North American Industry Classification System (NAICS) code under which the tax was reported;
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c. Name and Unified Business Identifier (UBI) number of the vendor/contractor on the combined
excise tax return filed with the state of Washington; and
d. Detailed information supporting the amounts reported under the state use and sales tax section of
the above report for location codes 1702 and 2724.
2. A purchaser may not apply for a refund under this section more frequently than once per quarter. The
purchaser must specify the amount of exempted tax claimed and the qualifying purchases for which the
exemption is claimed. The purchaser must retain all records provided to the city in making its claim.
3. The city shall determine eligibility under this section based on the information provided by the
purchaser, which is subject to audit verification by the city. If the city verifies eligibility, it shall remit
eligible taxes paid to the purchaser.
F. Appeals. Any applicant aggrieved by an action of the city concerning eligibility or computation of
remittance under this section may file a written appeal to the city’s hearing examiner in accordance with
Chapter 2.46 ACC within 14 calendar days of receipt of the city’s decision. The hearing examiner is
specifically authorized to hear and decide such appeals and the decision of the hearing examiner shall be
the final action of the city.
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