HomeMy WebLinkAbout11-04-2024 AgendaCITY OF * *
AtiBURN
WASHINGTON
CALL TO ORDER
LAND ACKNOWLEDGEMENT
City Council
Regular Meeting
November 4, 2024 - 7:00 PM
City Hall Council Chambers
AGENDA
We would like to acknowledge the Federally Recognized Muckleshoot Indian Tribe, the ancestral
keepers of the land we are gathered on today. We thank them for their immense contributions to our
state and local history, culture, economy, and identity as Washingtonians.
PUBLIC PARTICIPATION
A. The Auburn City Council Meeting scheduled for Monday, November 4, 2024 at 7:00 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 number below or click the link:
Telephone: 253 205 0468
Toll Free: 888 475 4499
Zoom: httos://us06web.zoom.us/i/83082646390
PLEDGE OF ALLEGIANCE
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
A. Native American Heritage Month
Mayor Backus to proclaim November 2024, as "Native American Heritage Month" in the
City of Auburn
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PUBLIC HEARINGS
A. Public Hearing for Ordinance No. 6947-2025 Property Tax Levy (Thomas)
An Ordinance establishing the Levy for regular Property Taxes by the City of Auburn for
collection in 2025 for general City operational purposes in the amount of $25,582,279
Page 1 of 165
B. Public Hearing for Ordinance No. 6948 (Thomas)
An Ordinance adopting the 2025-2026 Biennial Operating Budget for the City of Auburn,
Washington
AUDIENCE PARTICIPATION
This is the place on the agenda where the public is invited to speak to the City Council on any issue.
A. The public can participate in -person or submit written comments in advance.
Participants can submit written comments via mail, fax, or email. All written comments
must be received prior to 5:00 p.m. on the day of the scheduled meeting and must be 350
words or less.
Please mail written comments to:
City of Auburn
Attn: Shawn Campbell, City Clerk
25 W Main St
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
Fax number: 253-804-3116
Email written comments to: publiccomment(c)auburnwa.gov
If an individual requires accommodation to allow for remote oral comment because of a
difficulty attending a meeting of the governing body, the City requests notice of the need for
accommodation by 5:00 p.m. on the day of the scheduled meeting. Participants can
request accommodation to be able to provide a remote oral comment by contacting the
City Clerk's Office in person, by phone (253) 931-3039, or by email
(publiccomment(a�auburnwa.gov).
CORRESPONDENCE
COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their Ad Hoc Council Committees'
progress on assigned tasks and may give their recommendation to the City Council, if any.
CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be routine and will be
enacted by one motion in the form listed.
A. Minutes of the October 21, 2024, City Council Meeting
B. Minutes of the October 28, 2024, Study Session Meeting
C. Claims Vouchers (Thomas)
Claims voucher list dated October 30, 2024 which includes voucher number 478016 in the
amount of $2,500.00
D. Claims Vouchers (Thomas)
Claims voucher list dated October 30, 2024 which includes voucher numbers 477888
Page 2 of 165
through voucher 478015 and voucher 478017, in the amount of $2,769,283.48, four
electronic fund transfers in the amount of $2,831.31 and eight wire transfers in the amount
of $1,249,521.67
E. Payroll Voucher (Thomas)
Payroll check numbers 539618 through 539619 in the amount of $618,457.66, electronic
deposit transmissions in the amount of $2,514,240.85, for a grand total of $3,132,698.51
for the period covering October 17, 2024 to October 30, 2024
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
UNFINISHED BUSINESS
NEW BUSINESS
ORDINANCES
A. Ordinance No. 6957 (Krum)
An Ordinance relating to project review, and amending Chapters 14.01, 14.02, 14.03,
14.04, 14.05, 14.06, 14.07, 14.11, 14.13, 14.14, 14.18, 17.01, 18.59, and 18.76, and
repealing Chapter 14.15 of the Auburn City Code
(RECOMMENDED ACTION: Move to approve Ordinance No. 6957.)
RESOLUTIONS
A. Resolution No. 5795 (Laub)
A Resolution authorizing the Mayor to execute an Interlocal Agreement between the City of
Auburn and the City of Sumner relating to the City of Sumner's Stewart Road Bridge
Project
(RECOMMENDED ACTION: Move to adopt Resolution No. 5795.)
B. Resolution No. 5796 (Gaub)
A Resolution authorizing the Mayor and City Clerk to execute an Interlocal Agreement
between the City of Auburn and the City of Algona for decant facilities usage
(RECOMMENDED ACTION: Move to adopt Resolution No. 5796.)
C. Resolution No. 5797 (Gaub)
A Resolution authorizing the Mayor and City Clerk to execute an Interlocal Agreement
between the City of Auburn and the City of Pacific for decant facilities usage
(RECOMMENDED ACTION: Move to adopt Resolution No. 5797.)
D. Resolution No. 5798 (Caillier)
A Resolution accepting a Grant Award from the Department of Justice, Office of
Community Oriented Policing Services
(RECOMMENDED ACTION: Move to adopt Resolution No. 5798.)
Page 3 of 165
MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on significant items associated with their
appointed positions on federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office and on the City website
(http://www.auburnwa.gov).
Page 4 of 165
CITY OF
AtiBURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Public Hearing for Ordinance No. 6947-2025 Property Tax Levy (Thomas) November 4, 2024
An Ordinance establishing the Levy for regular Property Taxes by the City
of Auburn for collection in 2025 for general City operational purposes in the
amount of $25,582,279
Department:
Finance
Attachments:
None
Administrative Recommendation:
Budget Impact:
City Council to hold a Public Hearing in consideration of Ordinance No. 6947 - 2025 Property Tax
Levy.
Background for Motion:
Background Summary:
Proposed Ordinance No. 6947 establishes the 2025 Property Tax Levy based on the assessed
valuations provided by King County. It represents a 1 % increase over 2024, plus banked capacity,
plus one-time increases due to new construction and refunds. The following table summarizes the
2025 Property Tax Levy calculation:
2024 Levy
24,793,048
Add, 1%
$
247,930
Add. Newly Annexed Areas
—$
364,006
2025 Levy
$
25,404,985
Add. Estimated Refunds
$
41,830
Add. New Construction
$
135,465
2025 Total Collection
$
25,582,279
As of this date, the County has preliminarily established the 2025 assessed valuation (including
estimated new construction) for the City of Auburn at $18.9 billion, which is a 5.75% increase over
the 2024 assessed value of $17.9 billion. The 2025 Property Tax Levy will be distributed to the
General Fund to support general governmental operations.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 5 of 165
CITY OF
Atf BURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Public Hearing for Ordinance No. 6948 (Thomas) November 4, 2024
An Ordinance adopting the 2025-2026 Biennial Operating Budget for the
City of Auburn, Washington
Department: Attachments: Budget Impact:
Finance None 2025 Budget: $432,630,131
2026 Budget: $422,465,126
Administrative Recommendation:
City Council to hold a Public Hearing in consideration of Ordinance No. 6948 - 2025-2026 Biennial
Budget.
Background for Motion:
Background Summary:
A recap of the preliminary 2025-2026 Biennial Budget was discussed with Council in the three
workshops occurring the week of September 9, 2024, to September 13, 2024. As part of the biennial
budget process, the Council has reviewed the details of the proposed 2025-2026 Biennial Budget
during a series of workshops in September 2024. Goals, priorities, and projects were discussed and
as a result the City has prepared the Preliminary 2025-2026 Biennial Budget, which is summarized
below:
2025 General Fund Air other funds
Beginning Fund Balance
U19
131,3
Revenues
103-4
166,-0
Expenditures
109.1
179.1
Er4n& Fund Bal*nc*
M.2
118.6
2026
General Fund
All other funds
Beginning Fund Balance
33.2
118.S
Revenues
107A
168.9
Expenditures
114.0
172.1
Ending Fund Balance
26.2
115.3
JhmimonL rayam
One of the most crucial elements to the budget are the significant general fund revenues. Property
tax revenue accounts for approximately 24% of the General Fund revenues and the Property Tax
levy must be adopted by Council prior to November 30th each year, for the upcoming fiscal year.
Property tax levy increases are limited to a 1 % increase or the Implicit Price Deflator (IPD),
whichever is greater. In the event the IPD is less than 1 %, the City may levy the full 1 % if it has
Page 6 of 165
established a substantial need. The purpose of this presentation update is to summarize the
significant elements of the Preliminary 2025-2026 Biennial Budget and review the City's proposed
Property Tax levy for 2025, prior to the Public Hearings that have been set for November 4, 2024.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 7 of 165
CITY OF
Atf BURN
WASHINGTON
Agenda Subject:
Minutes of the October 21, 2024, City Council Meeting
Department:
City Council
Attachments:
10-21-2024 Minutes
Administrative Recommendation:
Background for Motion:
Background Summary:
Councilmember:
Staff:
AGENDA BILL APPROVAL FORM
Meeting Date:
November 4, 2024
Budget Impact:
Page 8 of 165
CITY OF
A �
WASHINGTON
CALL TO ORDER
City Council Meeting
October 21, 2024 - 7:00 PM
City Hall Council Chambers
MINUTES
Watch the meeting LIVE!
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
Mayor Backus called the meeting to order at 7:00 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street.
LAND ACKNOWLEDGMENT
III. PUBLIC PARTICIPATION
Public Participation
The City Council Meeting was held in person and virtually.
A. Pledge of Allegiance
Mayor Backus led those in attendance in the Pledge of Allegiance.
IV. Roll Call
Councilmembers present: Acting Deputy Mayor Yolanda Trout -Manuel,
Hanan Amer, Cheryl Rakes, Tracy Taylor, and Clinton Taylor. Deputy Mayor
Larry Brown, and Councilmember Kate Baldwin were excused.
Mayor Nancy Backus and the following staff members present included:
Senior City Staff Attorney Taryn Jones, Chief of Police Mark
Caillier, Director of Public Works I ngrid Gaub, Assistant Director of Public
Works Jacob Sweeting, Director of Human Resources and Risk
Management Candis Martinson, Director of Community Development
Jason Krum, Director of Parks, Arts, and Recreation Daryl Faber, and
Deputy City Clerk Hannah Scholl.
V. ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
A. Diwali Festival of Lights
Mayor Backus proclaimed October 30, 2024, to November 3, 2024, as
"Diwali Festival of Lights" in the City of Auburn.
Page 1 of 6
Page 9 of 165
V1. APPOINTMENTS
A. Junior City Council
City Council to approve the appointment of Caleb Choi and Oliver Nguyen to Junior
City Council for a two year term expiring August 31, 2026
Acting Deputy Mayor Trout -Manuel moved and Councilmember Rakes
seconded to approve the appointment of Caleb Choi and Oliver Nguyen to
the Junior City Council for a two-year term to expire on August 31, 2026.
VI I. AGENDA MODIFICATIONS
There were no modifications to the agenda.
VI1 I. CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE
A. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
The public can participate in -person or submit written
comments in advance.
Written Comments:
Vance Auburn, WA
Vance expressed concerns regarding the City's Admissions Tax.
Laurie Carter Bonney Lake, WA
Laurie expressed concerns regarding Ordinance No. 6958.
Kristi Newman Auburn, WA
Kristi expressed concerns regarding taxes, permitting fees, and
traffic impact fees.
In -Person Comments:
Steve Bergersen Buckley, WA
Steve provided comments regarding Ordinance No. 6958 including
underground utilities, and security measures.
Ted Lasaya Auburn, WA
Ted provided comments regarding Ordinance No. 6958 including
property values, temporary easements, and the project timeline.
B. Correspondence
There was no correspondence for Council to review.
Page 2 of 6
Page 10 of 165
IX. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
X. CONSENT AGENDA
All matters listed on the ConsentAgenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the October 7, 2024, City Council Meeting
B. Minutes of the October 14, 2024, Study Session Meeting
C. Claims Vouchers (Thomas)
Claims voucher list dated October 16, 2024 which includes voucher numbers 477730
through voucher 477873, in the amount of $5,632,734.36, thirteen electronic fund
transfers in the amount of $1,788.52 and three wire transfers in the amount of
$632,722.86
Claims voucher list dated October 16, 2024 which includes voucher numbers 477874
through voucher 477887, in the amount of $34,901.14
D. Payroll Voucher (Thomas)
Payroll check numbers 539613 through 539616 in the amount of $86,548.01,
electronic deposit transmissions in the amount of $2,756,334.16 for a grand total of
$2,842,882.17 for the period covering October 3, 2024 to October 16, 2024
Acting Deputy Mayor Trout -Manuel moved and Councilmember Amer
seconded to approve the consent agenda.
MOTION CARRIED UNANIMOUSLY. 5-0
XI. UNFINISHED BUSINESS
There was no unfinished business.
XI I. NEW BUSINESS
There was no new business.
XI II.ORDINANCES
A. Ordinance No. 6951 (Gaub)
An Ordinance granting a Franchise for Wireless Telecommunications to T-Mobile
West LLC, a Delaware Limited Liability Company
Councilmember T. Taylor moved and Councilmember C. Taylor seconded
to approve Ordinance No. 6951.
Page 3 of 6
Page 11 of 165
B. Ordinance No. 6958 (Laub)
An Ordinance providing for the acquisition by Eminent Domain of Property located
near or adjacent to R Street SE within the City of Auburn, Washington for Roadway
Widening and Associated Improvements for Project No. CP2116, R Street SE
Widening — 22nd Street SE to 33rd Street SE; declaring Public Use and Necessity;
and providing for severability and an effective date
Councilmember T. Taylor moved and Acting Deputy Mayor Trout -Manuel
seconded to approve Ordinance No. 6958.
XIV. RESOLUTIONS
A. Resolution No. 5784 (Whalen)
A Resolution amending the City of Auburn Fee Schedule to adjust for 2025 Fees
Councilmember Rakes moved and Councilmember Amer seconded to
adopt Resolution No. 5784.
Council discussed bringing this Resolution back to a Study Session
Meeting.
Councilmember T. Taylor moved and Councilmember Amer seconded to
amend the 2025 Fee Schedule to remove the proposed Traffic Impact
Fees.
Council discussed the amendment, and fees.
MOTION PASSES. 3-2. Acting Deputy Mayor Trout -Manuel and
Councilmember Rakes voted against.
MOTION AS AMENDED PASSES. 4-1. Councilmember Rakes voted
against.
B. Resolution No. 5787 (Krum)
A Resolution relating to the Endorsement of Use of the 2025 Valley Regional Fire
Authority Fee Schedule as adopted by the VRFA Board of Governance
Councilmember T. Taylor moved and Councilmember Amer seconded to
adopt Resolution No. 5787.
MOTION CARRIED UNANIMOUSLY. 5-0
C. Resolution No. 5788 (Whalen)
A Resolution authorizing the Mayor to execute, on behalf of the City, a Purchase and
Sale Agreement for Commercial Property owned by Feenix Parkside LLC located at
2802 — 2826 Auburn Way North
Page 4 of 6
Page 12 of 165
Acting Deputy Mayor Trout -Manuel moved and Councilmember C. Taylor
seconded to adopt Resolution No. 5788.
MOTION CARRIED UNANIMOUSLY. 5-0
D. Resolution No. 5794 (Faber/Whalen)
A Resolution authorizing the Mayor to execute, on behalf of the City, a Purchase and
Sale Agreement for commercial property owned by 125 E Main, LLC located at 125 E
Main, Auburn
Councilmember C. Taylor moved and Acting Deputy Mayor Trout -Manuel
seconded to adopt Resolution No. 5794.
MOTION CARRIED UNANIMOUSLY. 5-0
XV. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A. From the Council
Acting Deputy Mayor Trout -Manuel reported she attended the King County
Best Starts for Kids Junior Subcommittee meeting, Ribbon Cutting event
for "A" Street Loop, Sound Cities Association (SCA) Mix and Mingle
event, Master Buildings Solution Breakfast, and the Safe Auburn
Community Conversation Meeting at Pioneer Elementary School.
Councilmember C. Taylor reported he attended the Ribbon Cutting event
for "A" Street Loop, and the Safe Auburn Community Conversation
meeting at Lea Hill Elementary School.
Councilmember T. Taylor reported she attended the Valley Regional Fire
Authority Board of Governance meeting, SCA Public Issues Committee
meeting, Safe Auburn Community Conversation meetings, and the SCA
Mix and Mingle event.
Councilmember Amer reported she attended the Together Center meeting,
Ribbon Cutting event for "A" Street Loop, Safe Auburn Community
Conversation meetings, volunteered with Community Emergency
Response Team, and announced that she earned her Association of
Washington Cities (AWC) Certificate of Municipal Leadership.
B. From the Mayor
Mayor Backus reported she attended the Safe Auburn Community
Conversation meetings and that they are gathering input from the
community to develop solution ideas regarding Public Safety in the City.
She reported that members of the community can submit their concerns
and solution ideas online at speakupauburn.org.
Page 5 of 6
Page 13 of 165
XVI. ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 7:43 p.m.
APPROVED this 4th day of November 2024.
NANCY BACKUS, MAYOR Hannah Scholl, Deputy City Clerk
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 6 of 6
Page 14 of 165
CITY OF
Atf BURN
WASHINGTON
Agenda Subject:
Minutes of the October 28, 2024, Study Session Meeting
Department:
City Council
Attachments:
10-28-2024 Minutes
Administrative Recommendation:
Background for Motion:
Background Summary:
Councilmember:
Staff:
AGENDA BILL APPROVAL FORM
Meeting Date:
November 4, 2024
Budget Impact:
Page 15 of 165
CITY OF * AUK--LJRN
City Council Study Session Community
Wellness Special Focus Area
October 28, 2024 - 5:30 PM
City Hall Council Chambers
MINUTES
Watch the meeting LIVE!
WASH 1 NGTO N Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
CALL TO ORDER
Acting Deputy Mayor Trout -Manuel called the meeting to order at 5:30 p.m. in
the Council Chambers of Auburn City Hall, 25 West Main Street in Auburn.
Il�l�1 .11 a Dy0_\Gi9us] ' eLl
A. Public Participation
The City Council Meeting was held in person and virtually.
Councilmembers present: Acting Deputy Mayor Yolonda Trout -Manuel,
Hanan Amer, Cheryl Rakes, Clinton Taylor and Tracy Taylor.
Councilmember Kate Baldwin attended the meeting virtually via Zoom, she
logged in at 5:36 p.m. Deputy Mayor Larry Brown was excused.
Mayor Nancy Backus and the following staff members present included:
City Attorney Jason Whalen, Deputy City Attorney Paul Byrne, Assistant
Chief of Police Samuel Betz, Director of Public Works Ingrid Gaub,
Director of Community Development Jason Krum, Director of Human
Services Kent Hay, Director of Parks, Arts, and Recreation Daryl Faber,
Director of Finance Jamie Thomas, Director of Human Resources and
Risk Management, Community Development Block Grant Coordinator
Jody Davison, Parks Planning and Development Manager Thaniel
Gouk, Senior Project Engineer Matt Larson, Water Utility Engineer Senait
Gebreeyesus, Planning Services Manager Alexandria Teague, Arts &
Events Manager Julie Krueger, Financial Planning Manager Frank
Downard, and Deputy City Clerk Hannah Scholl.
111M_[ 0M P _ u 11�11109IFTINii[iI1-01
There were no modifications to the agenda.
IV. ANNOUNCEMENTS REPORTS AND PRESENTATIONS
There were no announcements, reports, or presentations.
Page 1 of 4
Page 16 of 165
V. COMMUNITY WELLNESS DISCUSSION ITEMS
A. 2025-2026 Human Services Grant Funding Update (Hay) (20 Minutes)
An overview of the 2025-2026 Human Services Grant Funding Decisions and Review
Process
Councilmember C. Taylor Chaired this portion of the meeting.
Director Hay and Coordinator Davison provided Council with the 2025-
2026 Human Services Grant Funding Update including public outreach,
the application review timeline, funding priorities, application cycle, tier
ratings, the Human Services Committee review, and funding decisions.
Council discussed applications and funding.
B. 2025-2029 Community Development Block Grant Consolidated Plan Initial Public
Comment Update (Hay) (20 Minutes)
An overview of the initial Public Comment of the upcoming City of Auburn's 2025-2029
Consolidated Plan
Director Hay and Coordinator Davison provided Council with the 2025-
2029 Community Development Block Grant Consolidated Plan - Initial
Public Comment Update including a background of the plan, timeline,
Council feedback, Cloudburst Consulting Group, stakeholder
engagement, community engagement opportunities, community survey
questions and results, and next steps.
Council discussed childcare costs, the Housing Repair Program, and the
Consolidated Plan process.
VI. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Downtown Auburn Discussion (Parks) (20 Minutes)
An update on upcoming Downtown Revitalization Projects including Infrastructure
Improvements, Auburn Avenue Theater, and Downtown Park
Director Faber, Manager Krueger, and Engineer Larson provided Council
with a presentation on the Downtown Auburn Discussion including
infrastructure improvements such as traffic signals, street lighting
upgrades, underground utilities, the project timeline and funding. They
discussed the Auburn Avenue Theater including background, history,
economic impact, demolition of current structure, community support,
preliminary concept for new Theater, and the project timeline and funding.
They also discussed the Downtown Park including the Conservation
Futures Grant, property requirements, the project timeline and funding.
Council discussed food truck locations, parking, road closures, Theater
design, and the Downtown Park design and uses.
Page 2 of 4
Page 17 of 165
B. Parks, Recreation, and Open Space (PROS) Plan Update (Parks) (10 Minutes)
Manager Gouk provided Council with a presentation on the 2024 Parks,
Recreation, and Open Space (PROS) Plan Update including the
Comprehensive Plan Elements, public outreach, and core changes.
C. Lead Service Line Inventory Update (PW) (15 Minutes)
Engineer Gebreeyesus provided Council with a presentation on the Lead
Service Line Inventory Update including lead exposure risks, background
information, regulations, replacement of lead components, testing, public
outreach, requirements, methodology, inventory results, notifications, and
next steps.
Council discussed public outreach, and inventory.
Acting Deputy Mayor Trout -Manuel recessed the meeting at 7:07 p.m. for
five minutes.
Acting Deputy Mayor Trout -Manuel reconvened the meeting at 7:12 p.m.
D. Ordinance No. 6947 (Thomas) (15 Minutes)
An Ordinance establishing the Levy for regular Property Taxes by the City of Auburn
for collection in 2025 for general City operational purposes in the amount of
$25,582,279
Director Thomas and Manager Downard provided Council with an
overview of Ordinance No. 6947, 6948, and 5956 including the Budget
calendar review, 2025-2026 General Fund Expenditures, summary of new
programs, 2025-2026 General Fund Major Revenue, and Property Taxes.
They discussed the Capital Facilities Plan including funding sources. They
provided an overview of the General Fund 2025-2026 Biennial Budget,
and next steps.
Council discussed Compensation Studies, photo enforcement cameras,
and a City Administrator position.
E. Ordinance No. 6948 (Thomas) (15 Minutes)
An Ordinance adopting the 2025-2026 Biennial Operating Budget for the City of
Auburn, Washington
See Item VI.D.
F. Ordinance No. 6956 (Thomas) (5 Minutes)
An Ordinance adopting the 2025-2030 Capital Facilities Plan for the City of Auburn,
Washington
See Item VI.D.
Page 3 of 4
Page 18 of 165
G. Ordinance No. 6957 (Krum) (20 Minutes)
An Ordinance relating to Project Review, and amending Chapters 14.01, 14.02, 14.03,
14.04, 14.05, 14.06, 14.07, 14.11, 14.13, 14.14, 14.18, 17.01, 18.59, and 18.76, and
repealing Chapter 14.15 of the Auburn City Code
Director Krum and Manager Teague provided Council with an overview of
Ordinance No. 6957 including a recap of Senate Bill 5290, City
requirements, permit types, permit review timelines, project review
measures, and the proposed Code updates.
VII. ADJOURNMENT
There being no further business to come before the Council, the meeting
was adjourned at 8:02 p.m.
APPROVED this 4th day of November 2024.
LARRY BROWN, DEPUTY MAYOR Hannah Scholl, Deputy City Clerk
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 4 of 4
Page 19 of 165
CITY OF
Atf BURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Claims Vouchers (Thomas) November 4, 2024
Claims voucher list dated October 30, 2024 which includes voucher number
478016 in the amount of $2,500.00
Department:
Attachments:
None
Administrative Recommendation:
City Council to approve Claims Vouchers.
Background for Motion:
Budget Impact:
Background Summary:
Claims voucher list dated October 30, 2024 which includes voucher number 478016 in the amount of
$2,500.00.
Councilmember:
Staff:
Page 20 of 165
CITY OF
Atf BURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Claims voucher list dated October 30, 2024 which includes voucher
numbers 477888 through voucher 478015 and voucher 478017, in the
amount of $2,769,283.48, four electronic fund transfers in the amount of
$2,831.31 and eight wire transfers in the amount of $1,249,521.67
Department:
Attachments:
None
Administrative Recommendation:
City Council to approve Claims Vouchers.
Background for Motion:
Background Summary:
Meeting Date:
November 4, 2024
Budget Impact:
Claims voucher list dated October 30, 2024 which includes voucher numbers 477888 through
voucher 478015 and voucher 478017, in the amount of $2,769,283.48, four electronic fund transfers
in the amount of $2,831.31 and eight wire transfers in the amount of $1,249,521.67.
Councilmember:
Staff:
Page 21 of 165
CITY OF
Atf BURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Payroll Voucher (Thomas) November 4, 2024
Payroll check numbers 539618 through 539619 in the amount of
$618,457.66, electronic deposit transmissions in the amount of
$2,514,240.85, for a grand total of $3,132,698.51 for the period covering
October 17, 2024 to October 30, 2024
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
Department: Attachments: Budget Impact:
None
Administrative Recommendation:
City Council to approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539618 through 539619 in the amount of $618,457.66, electronic deposit
transmissions in the amount of $2,514,240.85, for a grand total of $3,132,698.51 for the period
covering October 17, 2024 to October 30, 2024.
Councilmember: Kate Baldwin
Staff: Jamie Thomas
Page 22 of 165
CITY OF
AtiBURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 6957 (Krum) November 4, 2024
An Ordinance relating to project review, and amending Chapters 14.01,
14.02, 14.03, 14.04, 14.05, 14.06, 14.07, 14.11, 14.13, 14.14, 14.18, 17.01,
18.59, and 18.76, and repealing Chapter 14.15 of the Auburn City Code
(RECOMMENDED ACTION: Move to approve Ordinance No. 6957.)
Department: Attachments: Budget Impact:
Community Development Ordinance No. 6957, Exhibit A —
Ordinance No. 6957 Text
Amendment
Administrative Recommendation:
City Council to approve Ordinance No. 6957.
Background for Motion:
This Ordinance would update Auburn City Code to be consistent with permit project review
requirements that were recently adopted by the State of Washington Legislature through Senate Bill
5290. New permit project review time period requirements will go into effect on January 1, 2025.
Background Summary:
On April 10th, 2023, the State Legislature adopted Senate Bill 5290. This bill updated portions of
RCW 36.70B. Since the House Bill amends RCW 36.70B, which serves as the regulatory basis of
Title 14 "project review". The City is proposing to amend Title 14 "Project Review" and Chapter 17.01
of Title 17 "Land Adjustments and Divisions" and Chapters 18.59 (the "Marijuana" chapter), and 18.76
(the "Lakeland Hills South PUD" chapter of Title 18 "Zoning"), for local project review regulations to be
consistent. Updates and amendments are intended to consolidate, streamline and further improve
local permit review processes for improved outcomes for applicants, customers, planners, builders
and designers. Amendments went into effect in the summer of 2023, except for new permit time
period requirements which will go into effect on January 1, 2025.
Councilmember: Tracy Taylor
Staff: Jason Krum
Page 23 of 165
ORDINANCE NO. 6957
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO PROJECT
REVIEW, AND AMENDING CHAPTERS 14.01, 14.02, 14.03,
14.04, 14.05, 14.06, 14.07, 14.11, 14.13, 14.14, 14.18, 17.01,
18.59, AND 18.76, AND REPEALING CHAPTER 14.15 OF
THE AUBURN CITY CODE
WHEREAS, Chapter 36.70B RCW "Local Project Review" was established in
1995 following the passage of the Growth Management Act; and
WHEREAS, Auburn City Code Title 14 "Project Review" was established by
Ordinance 4835 in 1996 to comply with the requirements of Chapter 36.70B RCW
"Local Project Review"; and
WHEREAS, Senate Bill (SB) 5290 was passed by Washington State Legislation
on April 20, 2023, signed into law by the Washington State Governor on May 8, 2023,
and became effective July 23, 2023; and
WHEREAS, SB 5290 amends RCW 36.70B.140, 36.70B.020, 36.70B.070,
36.70B.080, and 36.70B.160; reenacts and amends RCW 36.70B.110; and adds new
sections to Chapter 36.70B RCW; and
WHEREAS, to remain in compliance Chapter 36.70B RCW following the changes
enacted by SB 5290, the City must revise Auburn City Code Title 14 "Project Review";
and
WHEREAS, City staff have prepared draft revisions to Title 14 to update City code
to meet the new requirements established by SB 5290 and additional revisions of Titles
17 ("Land Adjustments and Divisions") and 18 ("Zoning") have been prepared to meet
optional provisions of SB 5290; and
---------------------------
Ordinance No. 6957
October 17, 2024
Page 1 of 3
Rev. 2024
Page 24 of 165
WHEREAS, Titles 14, 17, and 18 draft revisions were heard before Planning
Commission at a public meeting and public hearing on October 8, 2024, and Planning
Commission deliberated and approved a motion to bring forward the proposed code
changes as a recommendation for adoption by City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapters 14.01, 14.02, 14.03, 14.04,
14.05, 14.06, 14.07, 14.11, 14.13, 14.14, 14.18, 17.01, 18.59, and 18.76 of the Auburn
City Code are amended to read as shown in Exhibit A.
Section 2. Repealing City Code. Chapter 14.15 of the Auburn City Code is
repealed.
Section 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 4. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application 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.
---------------------------
Ordinance No. 6957
October 17, 2024
Page 2 of 3
Rev. 2024
Page 25 of 165
Section 5. 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, but no
earlier than January 1, 2025.
ATTEST:
Shawn Campbell, MMC, City Clerk
Published:
---------------------------
Ordinance No. 6957
October 17, 2024
Page 3 of 3
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
APPROVED AS TO FORM:
Jason Whalen, City Attorney
Rev. 2024
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Title 14, Project Review
Page 1 of 59
Title 14
PROJECT REVIEW
Chapters:
14.01
Purpose -and Scope and General Provisions
14.02
Definitions
14.03
Types of Project Permit Decisions
14.04
Preapplication Conferences and Project Review Meetings
14.05
Applications
14.06
Notice of Determination of Completeness
14.07
Notice of Application
14.08
Project Review Determinations
14.09
Issuance of Single Report
14.10
Hearings
14.11
Notice of Final Decision
14.12 Optional Consolidated Project Permit Process
14.13 Administrative Appeals
14.14 Exclusions
14.15 Project Qnviemr Time Period-s
14.16 Immunity from Damage Claims
14.17 Judicial Review of Land Use Decisions Made by Local jurisdictions
14.18 Water and Sewer Availability Certificates
14.20 Mobile Home Park Closure
14.21 Repealed
14.22 Comprehensive Plan
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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Title 14, Project Review
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Chapter 14.01
PURPOSE,-4MD SCOPE AND GENERAL PROVISIONS
Sections:
14.01.010 Purpose and scope.
14.01.010 Purpose and scope.
The purpose and scope of this title is to establish standard procedures for all project permit
decisions made by the city of Auburn. The intent of the procedures is to combine the
environmental review process, both procedural and substantive, with procedures for review of
project permit decisions and, except for the appeal of a determination of significance as
provided in RCW 43.21 C.075, provide for consolidation of appeal processes for permit
decisions. The goals are to allow for informed public participation, reduce redundancy in the
application, permit review, and appeal processes, thereby minimizing delays and expense, and
implementing the city's goals as set forth in the comprehensive plan.
Any project permit application submitted on or after April 1, 1996, shall be processed as
provided in this title. If any requirements contained in this newly created Title 14 are in conflict
with provisions or requirements contained in other titles of the Auburn City Code, a request for
interpretation regarding applicability may be submitted to the director of the department which
has authority to administer the provision, code, regulation, plan, rule or manual. The
department director will provide a written response within 10 working days after receipt of the
request. (Ord. 4835 § 1, 1996.)
For the purposes of Title 14, except when otherwise specified, all references to "days" herein
are references to calendar days, including Saturdays, Sundays and holidays.
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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Title 14, Project Review
Page 3 of 59
Chapter 14.02
DEFINITIONS
Sections:
14.02.001
Generally.
14.02.010
Administrative decision.
14.02.020
Closed record appeal.
14.02.030
Optional consolidated permit review.
14.02.040
Development regulations.
14.02.050
Legislative decision.
14.02.060
Open record hearing.
14.02.070
Project permit or project permit application.
14.02.080
Public meeting.
14.02.090
Quasi-judicial decision.
14.02.100
Record.
14.02.001 Generally.
Unless the context clearly requires otherwise, the definitions in this section apply throughout
this title and the Auburn City Code. (Ord. 4835 § 1,1996.)
14.02.010 Administrative decision.
An "administrative decision" is one which is made by one of the city's department heads or
designee. (Ord. 4835 § 1, 1996.)
14.02.020 Closed record appeal.
"Closed record appeal" means an administrative appeal to the city council or any agency
thereof, as specified in applicable codes, of a decision or recommendation issued by the
hearing examiner following an open record hearing conducted by the hearing examiner on a
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
Page 29 of 165
Title 14, Project Review
Page 4 of 59
project permit application. The appeal is on the record with no or limited new evidence or
information allowed to be submitted. Argument of the appeal is allowed from the record; this
may include comments from the record or questions regarding the record. (Ord. 6184 § 1, 2008;
Ord. 4835 § 1, 1996.)
14.02.030 Optional consolidated permit review.
"Optional consolidated permit review" means review and decision on two or more project
permits relating to a proposed project action, including a single application review and approval
process covering all of the project permits requested by an applicant for either all or part of a
project action. (Ord. 4835 § 1, 1996.)
14.02.040 Development regulations.
"Development regulations" means the controls placed on development or land use activities by
the city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline
master programs, official controls, planned unit development ordinances (if permitted by city
code) and subdivision ordinances together with any amendments thereto. A development
regulation does not include a decision to approve a project permit application, as defined in
ACC 14.02.070, even though the decision may be expressed in a resolution or ordinance of the
city. (Ord. 6187 § 1, 2008; Ord. 5991 § 1, 2006; Ord. 4835 § 1, 1996.)
14.02.050 Legislative decision.
A "legislative decision" is one which is an action which affects broad classes of people of the
whole city. These actions include adopting, amending, or revising comprehensive, community,
or neighborhood plans or other land use planning documents or the adoption of area wide
zoning ordinances or the adoption of a zoning amendment that is area wide in significance.
(Ord. 4835 § 1, 1996.)
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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Title 14, Project Review
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14.02.060 Open record hearing.
"Open record hearing" means a hearing, conducted by a single hearing body or officer
authorized by the city to conduct such hearings, that creates the city's record through
testimony and submission of evidence and information under procedures prescribed by the
city by ordinance or resolution. An open record hearing may be held prior to a decision by the
city on a project permit, to be known as an "open record predecision hearing." An open record
hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open
record predecision hearing has been held on the project permit. (Ord. 4835 § 1, 1996.)
14.02.070 Project permit or project permit application.
"Project permit" or "project permit application" means any land use or environmental permit or
license required from the city for a project action, including but not limited to building permits,
subdivisions, planned unit developments, conditional uses, shoreline substantial development
permits, site plan review, permits or approvals required by critical area ordinances, site -specific
rezones which do not require a comprehensive plan amendment utherizedl by the
comprehensive r,iar, „r subarea r,i, but excluding the adoption or amendment of the
comprehensive plan, subarea plan, or development regulations except as otherwise specifically
included in this subsection. (Ord. 4835 § 1, 1996.)
14.02.080 Public meeting.
"Public meeting" means an informal meeting, workshop, or other public gathering of people to
obtain comments from the public or other agencies on a proposed project permit prior to the
city's decision. A public meeting may include, but is not limited to, a scoping meeting on a draft
environmental impact statement. A public meeting does not include an open record hearing.
The proceedings at a public meeting may be recorded and a report or recommendation may be
included in the city's project permit application file. (Ord. 4835 § 1, 1996.)
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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Title 14, Project Review
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14.02.090 Quasi-judicial decision.
A "quasi-judicial decision" is one where action is taken by the hearing examiner or city council
or any agency thereof, which determines the legal rights, duties, or privileges of specific parties
and which may be contested. (Ord. 6184 § 2, 2008; Ord. 4835 § 1, 1996.)
14.02.100 Record.
"Record" means everything submitted by the city, applicant, public or outside agencies,
including but not limited to all testimony, exhibits, studies, information, and maps accepted by
the hearing examiner at the open record hearing. (Ord. 4835 § 1, 1996.)
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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Chapter 14.03
TYPES OF PROJECT PERMIT DECISIONS
Sections:
14.03.001
Generally.
14.03.010
Type I decisions.
14.03.020
Type II decisions.
14.03.030
Type III decisions.
14.03.040
Type IV decisions.
14.03.050
Reserved.
14.03.060
Legislative nonproject decisions.
14.03.001 Generally.
Project permit decisions are classified into four types, based on whether a director, the hearing
examiner or the city council makes the decision and the process by which that decision is made.
(Ord. 6654 § 1, 2017; Ord. 6295 § 1, 2010; Ord. 4835 § 1, 1996.)
14.03.010 Type I decisions.
Type I decisions are administrative decisions made by the city which are not subject to
environmental review under the State Environmental Policy Act (SEPA) codified at Chapter
43.21 C RCW. Type I decisions include, but are not limited to, the following project applications:
A. Building permit;
B. Plumbing permit;
C. Mechanical permit;
D. Utility permit;
E-F. F=xc-;A Construction permit;
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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Title 14, Project Review
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GF. Land clearing permit;
#4& Grading permit;
tH. Floodplain development permit;
}I. Public facility extension agreement;
-Ki. Right-of-way use permit;
-LK. Boundary line adjustment or boundary line elimination;
ML. Home occupation permit;
M-4. Temporary use permit (administrative);
NO. Administrative use permit;
Off. Short subdivision (plat);
PQ. Mobile home closure plans;
Q-R. Extensions or minor amendment to an approved master plan;
R-S. Final plat. (Ord. 6654 § 1, 2017; Ord. 6385 § 1, 2011; Ord. 6295 § 1, 2010; Ord. 5746 § 2, 2003; Ord. 4835
§ 1, 1996.)
14.03.020 Type II decisions.
Type II decisions are administrative decisions made by the city which include threshold
deter�ait+ensaP-r SE� are subject to environmental review and threshold
determination under the State Environmental Policy Act (SEPA) codified at Chapter 43.21 C RCW.
Type II decisions include, but are not limited to, the following project applications:
A. Building permit;
B. Grading permit;
C. Land clearing permit;
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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Title 14, Project Review
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D. Public facility extension agreement;
E. Administrative use permit;
F. Short subdivision (plat);
G. Flood plain development permit. (Ord. 6654 § 1, 2017; Ord. 6295 § 1, 2010; Ord. 4835 § 1, 1996.)
14.03.030 Type III decisions.
Type III decisions are quasi-judicial final decisions made by the hearing examiner following a
recommendation by staff. Type III decisions include, but are not limited to, the following project
applications:
A. Temporary use permit;
B. Substantial shoreline development permit;
C. Variance;
D. Special exceptions;
E. Special home occupation permit;
F. Preliminary plat;
G. Conditional use permit;
H. Surface mining permit;
I. Master plan: (Ord. 6654 § 1, 2017; Ord. 6385 § 2, 2011; Ord. 6295 § 1, 2010; Ord. 6184 § 3, 2008; Ord. 4835
§ 1, 1996.)
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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14.03.040 Type IV decisions.
Type IV decisions are quasi-judicial decisions made by the city council following a
recommendation by the hearing examiner. Type IV decisions include, but are not limited to, the
following project applications:
Site -Specific Rezone, Category 1. (Ord. 6779 § 5, 2020; Ord. 6654 § 1, 2017; Ord. 6295 § 1, 2010; Ord. 6184
§ 4, 2008; Ord. 4835 § 1, 1996.)
14.03.050 Reserved.
(Ord. 6654 § 1, 2017; Ord. 6295 § 1, 2010; Ord. 6184 § 5, 2008; Ord. 4835 § 1, 1996.)
14.03.060 Legislative nonproject decisions.
Legislative nonproject decisions made by the city council under its authority to establish
policies and regulations are not classified as a "type" of project permit decision. Legislative
nonproject decisions include, but are not limited to, the following legislative actions:
A. Amendments to the text and map of the comprehensive plan or development regulations.
B. Amendments to the zoning map (rezones) on a city-wide or area -wide basis. (Ord. 6654 § 1,
2017; Ord. 6295 § 1, 2010; Ord. 4835 § 1, 1996.)
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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Title 14, Project Review
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Chapter 14.04
PREAPPLICATION CONFERENCES AND PROJECT REVIEW MEETINGS
Sections:
14.04.010 Availability.
14.04.010 Availability.
A. A preapplication conference is available and encouraged prior to project permit application
submittal. submitting an application for a project permit conferencee are
et*ena1rrcn an aire n. at a Elq K2l exit fer anv par^v-eect nermut Vy Preapplication conferences
are optional, and are not a requirement for any project permit type. of permit
B. Project review meetings are available to applicants during the review process. The purpose
of the project review meeting is to assist the applicant in interpreting and addressing_
outstanding City comments so that the project meets all City requirements and is approvable
by the City.
1. Project review meetings shall be scheduled within 14 days following the return of
comments from the second project permit review to the applicant.
2. If the responses to comments from the third submittal do not resolve outstanding
City comments for the submittal the City shall issue a decision of approval or denial of
the project permit application.
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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Title 14, Project Review
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Chapter 14.05
APPLICATIONS
Sections:
14.05.010 Designation.
14.05.020 Submittal requirements.
14.05.010 Designation.
Each applicant submitting a project permit to the city shall designate a single person or entity to
receive determinations and notices under this title. The applicant shall include the name,
current address, current email address, and current telephone number of the designated
person or entity. The applicant shall be responsible for immediately notifying the city of any
change of name, address, email address, or telephone number of the designated person or
entity. (Ord. 4835 § 1, 1996.)
14.05.020 Submittal requirements.
A. The city shall specify submittal requirements, including, but not limited to, the type of
project permit application, detail required in application and —application submittal
rp ocessni imhor A-f -application conies. The city, at its sole discretion, may waive specific
submittal requirements which it determines to be unnecessary for review of an application.
Applicants may obtain application materials from the city.
B. The city may require additional material from applicants, including, but not limited to, maps,
studies or models when the city determines such material(s) is needed to adequately assess the
proposed project.
C. Applicants seeking approval of permits must submit a complete permit application through
the application process defined by the city complete an application form furnished by the riff,
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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Title 14, Project Review
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and comply with any requirements set forth in applicable city ordinances, adopted codes and
any referenced design standards mom. (Ord. 4835 § 1, 1996.)
Chapter 14.06
NOTICE OF DETERMINATION OF COMPLETENESS
Sections:
14.06.010 Notice to applicant.
14.06.010 Notice to applicant.
A. Within 28 days after reoe+vi�Rgaccepting_a project permit application, the city shall mail Ar
provide iR peFSeR a written determination to the applicant or applicant's designee to
that
the application is complete, or that it is incomplete and what is necessary to make the
application complete.
B. The city's determination shall identify other agencies with jurisdiction over the project
permit application, to the extent known by the city.
C. If the city does not provide a written determination within the 28-day period following the
city's receipt of the project permit application as provided in subsection A above, the
application shall be deemed to be complete.
D. When additional information has been provided by the applicant following a determination
of incompleteness the city shall notify the applicant or the applicant's designee within 14 days
whether the project permit application is complete or what additional information is necessary
to make the application complete. If dditir-.Pal information er sti-rhos is required to m;iLo tho
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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Title 14, Project Review
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E. If the city determines that the additional information submitted by the applicant is
insufficient, the city shall notify the applicant of the deficiencies and the procedures under
subsection D of this section shall apply as if a new request for information had been made.
F. An application is complete for purposes of this section when it meets the submittal
requirements established in the Auburn City Code -ate the ordinances of the city, the project
permit application, and is sufficient for continued processing, even though additional
information might be required or project modifications might be undertaken subsequently. The
determination of completeness shall not preclude the city from requesting additional
information or studies either at the time of the notice of completeness or subsequently, if new
information is required to complete the review of the application or if substantial changes in
the permit application occur or are proposed.
G. An application will be considered withdrawn if the city does not receive the requested
necessary additional information within 60 days of notice(s) to the applicant, or to such person
or entity designated in the applicant's project permit application, that the application is not
complete, unless the city and applicant have agreed in writing to an extension of time. (Ord. 4835
§ 1, 1996.)
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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Chapter 14.07
NOTICE OF APPLICATION
Sections:
14.07.010
Notice to public and departments and agencies with jurisdiction.
14.07.020
Requirements.
14.07.030
Notice, when Of open record predecision hearing required.
14.07.040
Methods of providing notice.
14.07.050
Integration of permit procedures with environmental review
procedures.
14.07.060
Exemptions.
14.07.070
Applicant deemed participant.
14.07.080
Administrative interpretation of city's code and/or development
regulations.
14.07.010 Notice to public and departments and agencies with
jurisdiction.
The city shall provide a notice of application to the public and the departments and agencies
with jurisdiction as provided in this chapter. (Ord. 4835 § 1, 1996.)
14.07.020 Requirements.
Within 14 days after issuance of a determination of completeness, the city shall provide notice
of the application which shall include the following:
A. The date of application, date of notice of completeness, and the date of notice of
application;
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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B. A description of the proposed project action and a list of the project permits included in the
application and, if applicable, a list of any studies requested under Chapter 14.06 or 14.11 ACC;
C. Identification of other permits not included in the application to the extent known by the
city;
D. Identification of existing environmental documents that evaluate the proposed project, and,
if not otherwise stated on the document providing the notice of application, the location where
the application and any studies can be reviewed;
E. A statement of the public comment period, which shall be 15 days following the date of the
notice of application together with a statement of the right of any person to comment on the
application, receive notice of and participate in any hearings, request a copy of the decision
once made, and any appeal rights. The city may accept public comments at any time prior to
the closing of the record of an open record predecision hearing, if any, or, if no open record
predecision hearing is provided, prior to the decision on the project permit;
F. If applicable and scheduled at the time of the notice of application, the date, time, location
and type of hearing;
G. A statement of preliminary determination, if one has been made at the time of notice of
application, of those development regulations that will be used for project mitigation and of
consistency as provided in Chapter 14.08 ACC;
H. Any other information determined to be appropriate by the city. (Ord. 4835 § 1,1996.)
14.07.030 Notice, when if open record prerilecision hearing required.
A notice of application shall not be required for project permits that are categorically exempt
under chapter 43.21 C RCW, unless an open record predecision hearing is required. If an open
record predecision hearing is required for the requested project permits, the notice of
application shall be provided at least 15 days prior to the open record hearing. (Ord. 4835 § 1,
1996.)
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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14.07.040 Methods of providing notice.
Unless otherwise required in the city's code, the city shall use at a minimum the following
methods to give notice of application to the public and agencies with jurisdiction:
A. Mailing notice to owners of real property within 300 feet of the project site.
B. Requiring the subject property posted in accordance with the applicable requirements of
Chapter 1.27 ACC (for site -specific applications).
C. Publishing in a newspaper of general circulation of the area.
D. Mailing notice of application with information included in this section to each person who
has requested such notice and paid any applicable fee as established by the city. (Ord. 5811 § 2,
2003; Ord. 4835 § 1, 1996.)
14.07.050 Integration of permit procedures with environmental
review procedures.
A. If the city has made a determination of significance under Chapter 43.21 C RCW concurrently
with the notice of application, the notice of application shall be combined with the
determination of significance and scoping notice. Nothing in this chapter prevents a
determination of significance and scoping notice from being issued prior to the notice of
application.
B. Except for a determination of significance, the city may not issue its threshold
determination, or issue a decision or a recommendation on a project permit, until the
expiration of the public comment period on the notice of application.
C. The city shall issue its threshold determination at least 15 days prior to the open record
predecision hearing if the city's threshold determination requires public notice under Chapter
43.21 C RCW.
D. Any comments shall be as specific as possible. (Ord. 4835 § 1,1996.)
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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14.07.060 Exemptions.
A notice of application shall not be required for project permits that are categorically exempt
under SEPA, unless a public comment period or open record predecision hearing is required.
(Ord. 4835 § 1, 1996.)
14.07.070 Applicant deemed participant.
The applicant for a project permit is deemed to be a participant in any comment period, open
record hearing or closed record appeal. (Ord. 4835 § 1, 1996.)
14.07.080 Administrative interpretation of city's code and/or
development regulations.
An administrative interpretation of the city's code and/or development regulations may be
obtained by submitting a written request to the director of the department which has authority
to administer the code and/or development regulations. The department director will provide a
written response within 10 working days after receipt of the request unless another time period
is agreed upon in writing between the parties. (Ord. 4835 § 1, 1996.)
The Auburn City Code is current through Ordinance 6912, passed July 17, 2023.
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Chapter 14.08
PROJECT REVIEW DETERMINATIONS
Sections:
14.08.010 Required elements.
14.08.020 Determination of consistency.
14.08.010 Required elements.
A. During project review, the city or any subsequent reviewing body shall determine whether
the following items are defined in the development regulations applicable to the proposed
project or, in the absence of applicable regulations, the city's adopted comprehensive plan. At a
minimum, such applicable regulations or plans shall be determinative of the:
1. Type of land use permitted at the site, including uses which may be allowed under
certain circumstances, such as planned unit developments (if permitted by the city code)
and conditional and special uses, if the criteria for their approval have been satisfied;
2. Density of residential development in urban growth areas; and
3. Availability and adequacy of public facilities identified in the comprehensive plan, if the
plan or development regulations provide for funding of these facilities as required by
Chapter 36.70A RCW.
B. During project review, the city or any subsequent reviewing body shall not re-examine
alternatives to or hear appeals on the items identified in subsection A of this section, except for
issues of code interpretation.
C. Nothing in this section limits the authority of the city to approve, condition, or deny a
project as provided in its development regulations under Chapter 36.70A RCW and in its
policies adopted under RCW 43.21 C.060. Project review shall be used to identify specific project
design and conditions relating to the character of development, such as the details of site plans,
curb cuts, drainage swales, transportation demand management, payment of impact fees or
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other measures to mitigate a proposal's probable adverse environmental impacts, if applicable.
(Ord. 6187 § 2, 2008; Ord. 5991 § 2, 2006; Ord. 4835 § 1, 1996.)
14.08.020 Determination of consistency.
A. A proposed project's consistency with the city's development regulations adopted under
Chapter 36.70A RCW, or, in the absence of applicable development regulations, the appropriate
elements of the comprehensive plan or subarea plan adopted under Chapter 36.70A RCW shall
be determined by consideration of:
1. The type of land use;
2. The level of development, such as units per acre or other measures of density;
3. Infrastructure, including public facilities and services needed to serve the development;
and
4. Character of the development, such as development standards.
B. In determining consistency, the determinations made pursuant to ACC 14.08.010(A) shall be
controlling.
C. For purposes of this section, the term "consistency" shall include all terms used in this
chapter and Chapter 36.70A RCW to refer to performance in accordance with this title and
Chapter 36.70A RCW, including but not limited to compliance, conformity, and consistency.
D. Nothing in this section requires documentation, dictates an agency's procedures for
considering consistency, or limits the city from asking more specific or related questions with
respect to any of the four main categories listed in ACC 14.08.020 (A). (Ord. 4835 § 1, 1996.)
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Chapter 14.09
ISSUANCE OF SINGLE REPORT
Sections:
14.09.010 Consolidation.
14.09.010 Consolidation.
A single report shall be issued stating all the decisions made as of the date of the report on all
project permits included in the consolidated permit process that do not require an open record
predecision hearing and any recommendations on project permits that do require an open
record predecision hearing. The report shall state any mitigation required or proposed under
the city's development regulations or the city's authority under RCW 43.21 C.060. The report
may be the local permit. If a threshold determination other than a determination of significance
has not been issued previously by the city, the report shall include or append this
determination. (Ord. 4835 § 1, 1996.)
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Chapter 14.10
HEARINGS
Sections:
14.10.010 Limitations.
14.10.020 Multijurisdictional hearings.
14.10.010 Limitations.
Except for the appeal of a determination of significance as provided in RCW 43.21 C.075, the city
provides no more than one open record hearing and one closed record appeal. (Ord. 4835 § 1,
1996.)
14.10.020 Multijurisdictional hearings.
A. The city may combine any hearing on a project permit with any hearing that may be held by
another local, state, regional, federal, or other agency; provided, that the hearing is held within
the geographic boundary of the city. Hearings shall be combined if requested by an applicant,
as long as the joint hearing can be held within the time periods specified in Chapter 14.11 ACC
or the applicant agrees in writing to a different schedule in the event that additional time is
needed in order to combine the hearings. The city and all state agencies participating in a
combined hearing are authorized to issue joint hearing notices and develop a joint format,
select a mutually acceptable hearing body or officer, and take such other actions as may be
necessary to hold joint hearings consistent with each jurisdiction's respective statutory
obligations.
B. All state and local agencies shall cooperate to the fullest extent possible with the city in
holding a joint hearing if requested to do so, as long as:
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1. The agency is not expressly prohibited by statute from doing so;
2. Sufficient notice of the hearing is given to meet each of the agencies' adopted notice
requirements as set forth in statute, ordinance or rule; and
3. The agency has received the necessary information about the proposed project from
the applicant to hold its hearing at the same time as the city's hearing.
C. Any public meeting or required open record hearing may be combined with any public
meeting or open record hearing that may be held on the project by another local, state,
regional, federal, or other agency, in accordance with Chapters 14.11 and 14.07 ACC. (Ord. 4835
§ 1, 1996.)
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Chapter 14.11
NOTICE OF FINAL DECISION
Sections:
14.11.010
Time limits.
14.11.020
Exceptions.
14.11.030
Late issuance of final decision.
14.11.040
Distribution.
14.11.050 Weekends and holidays.
14.11.010 Time limits.
A. Except as provided in ACC 14.11.020, the city shall issue a notice of final decision on a project
permit application within the following Type of project permit timelines 120 days after the
applicant is notified in writing that the application is complete as provided in Chapter 14.06
ACC. The time period for the issuance of a final decision shall be the longest of the project
permit application time periods of all associated permits for the project.
1. Type I decisions: 65 days.
2. Type II decisions: 100 days.
3. Type III decisions: 170 days.
mod: The number of days shall be calculated by counting every calendar day and excluding
the following time periods:
1. Any period during which the applicant has been requested to correct plans, perform
required studies, or provide additional required information. The period as calculated from
.. _ . . . . _ _ . - . . .. _ . . . _ . - . . -
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2. Any period during which an EIS is being prepared following a determination of
significance pursuant to Chapter 43.21 C RCW. The city and applicant will agree in writing on
the time period for completion of an EIS.
3. Any period for administrative appeals of project permits, if an open record appeal
hearing or closed record appeal, or both, are allowed. The time period shall not exceed: (1)
90 days for an open record appeal hearing; and (2) 60 days for a closed record appeal. The
parties may agree in writing to extend the applicable time periods for appeal.
4. Any extension of time mutually agreed upon in writing by the applicant and city.
5. Any period after an applicant informs the local government, in writing, that they would
like to temporarily suspend review of the project permit application until the time that the
applicant notifies the local government, in writing, that they would like to resume the
application. A local government may set conditions for the temporary suspension of a
6. For quasi-judicial decisions by the Hearing Examiner, any period of time after staff
recommendations have been provided to the Hearing Examiner until such time that the
Hearing Examiner issues a formal written decision.
C. The time periods for a local government to process a permit shall start over if an applicant
proposes a change in use that adds or removes commercial or residential elements from the
original application that would make the application fail to meet the determination of
procedural completeness for the new use, as required by the local government under RCW
36.70B.070.
D. If, at any time, an applicant informs the local government, in writing, that the applicant would
like to temporarily suspend the review of the project for more than 60 days, or if an applicant is
not responsive for more than 60 consecutive days after the county or city has notified the
applicant, in writing, that additional information is required to further process the application,
an additional 30 days may be added to the time periods for local government action to issue a
final decision for each type of project permit that is subject to this chapter. Any written notice
from the local government to the applicant that additional information is required to further
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process the application must include a notice that non responsiveness for 60 consecutive days
may result in 30 days being added to the time for review. For the purposes of this subsection,
" non responsiveness" means that an applicant is not making demonstrable progress on
providing additional requested information to the local government, or that there is no ongoing -
communication from the applicant to the local government on the applicant's ability or
willingness to provide the additional information.
14.11.020 Exceptions.
A. The time limits established above do not apply to the followbgif-�o�+ ^^i���*�^^:
1_A Project applications Rrequirige& an amendment to the comprehensive plan or a
development regulation;
2. Project applications Rrequirite-s approval of a new fully contained community as
provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or
the siting of an essential public facility as provided in RCW 36.70A.200; or
3. Project applications that areas substantially revised by the applicant, in which case the
time period shall start from the date at which the revised project application is determined
complete under Chapter 14.06 ACC or -(Ord. 4835 § 1, 1996.)
B. D. Requires ppfe a Approvals relating to the use of public areas or facilities, including the
extension of public utilities and road facilities under a facility extension agreement permit, are
subject to a Type III review deadline.: —
C. Grading permit approvals that exclude the use or extension of public areas or facilities are
subject to a Type II review deadline.
14.11.030 Late issuance of final decision.
If the city is unable to issue the final decision within the prescribed time limits, the city shall
provide written notice of this fact to the applicant. The notice shall include a statement of the
reasons why the time limits have not been met and an estimated date for issuance of the notice
of decision. (Ord. 4835 § 1, 1996.)
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14.11.040 Distribution.
The notice of decision shall be provided to the applicant and to any person who, prior to the
rendering of the decision, requested notice of the decision or submitted comments on the
application. The notice shall be provided as specified in ACC 14.07.040. It shall include a
statement of any threshold determination and procedures for administrative appeal, if
applicable. It may be a copy of the report or decision on the project permit application. (Ord.
4835 § 1, 1996.)
14.115.050 Weekends and holidays.
Regardless of whether any period is minimum or maximum, when any permit review, notice or
decision time limit of this title terminates upon a weekend or city holiday, such time limit shall
automatically be extended to the first weekday following the weekend or city holiday.
Chapter 14.12
OPTIONAL CONSOLIDATED PROJECT PERMIT PROCESS
Sections:
14.12.010 Applicant option.
14.12.020 Hearing/appeal.
14.12.030 Public meeting.
14.12.040 Single report.
14.12.010 Applicant option.
A. An applicant may request an integrated and consolidated review and decision on two or
more project permits relating to a proposed project action. The city will provide a single
application review and approval process to cover all project permits requested by an applicant
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for all or part of a project action. The city will provide a designated permit coordinator upon
request of the applicant.
B. If an applicant elects the consolidated permit review process, the determination of
completeness, notice of application and notice of final decision will include all project permits
being reviewed in the consolidated process. (Ord. 4835 § 1, 1996.)
14.12.020 Hearing/appeal.
A. The consolidated review process shall include no more than one consolidated open record
hearing and one closed record appeal/hearing. If an open record predecision hearing is
provided prior to the decision on a project permit, the process shall not allow a subsequent
open record appeal hearing.
B. The consolidated permit review may combine an open record predecision hearing on one
or more permits with an open record appeal hearing on other permits. The project permits, if
any, which are subject to a closed record appeal are determined pursuant to Auburn City Code.
(Ord. 4835 § 1, 1996.)
14.12.030 Public meeting.
Any public meeting or required open record hearing may be combined with any public meeting
or open record hearing that may be held on the project by another local, state, regional,
federal, or other agency in accordance with provisions of Chapters 14.07 and 14.11 ACC. (Ord.
4835 § 1, 1996.)
14.12.040 Single report.
The city shall provide a single report stating all the decisions made as of the date of the report
on all project permits included in the consolidated permit process that do not require an open
record predecision hearing and any recommendations on project permits that do require an
open record predecision hearing. The report shall state any mitigation required or proposed
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under the development regulations or the city's authority under RCW 43.21 C.060. The report
may be the permit. If a threshold determination other than a determination of significance has
not been issued previously by the city, the report shall include or append this determination.
(Ord. 4835 § 1, 1996.)
Chapter 14.13
ADMINISTRATIVE APPEALS
Sections:
14.13.010 Administrative appeals.
14.13.020 Threshold determination appeals.
14.13.010 Administrative appeals.
Any administrative appeal of the project decision, combined with any environmental
determinations, which are provided by the city shall be filed within 14 days after the notice of
the decision or after other notice that the decision has been made and is appealable. In order
to allow public comment on a Determination of Non -Significance prior to requiring an
administrative appeal to be filed, this appeal period shall be extended for an additional seven
days if the appeal is of a Determination of Non-SignificanceDgs for which public comment is
required under Chapter 43.21 C RCW or under county/city rules adopted under SEPA. For
threshold determinations issued prior to a decision on a project action, any administrative
appeal allowed by a county/city shall be filed within fourteen days after notice that the
determination has been made and is appealable. The city shall extend the anneal period fnr an
public cornment on a determination of nonsignificance iss, ed as part of aR appealable prGject
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14.13.020 Threshold determination appeals.
Except for the appeal of a determination of significance as provided in RCW 43.21 C.075, the city
provides for no more than one consolidated open record hearing on such appeal. Any appeal
provided after the open record hearing shall be appealed to the superior court of the county in
which the property subject of the threshold decision is located. (Ord. 6184 § 6, 2008; Ord. 4835 § 1,
1996.)
Chapter 14.14
EXCLUSIONS
Sections:
14.14.010 Permit process exclusions.
14.14.010 Permit process exclusions.
A. The following project permits are excluded from the provisions of the integrated and
consolidated permit process, any time periods in development regulations and Chapters 14.06,
14.07, 14.11 and 14.12 ACC:
1. Landmark designations;
2. c*�Right-of-way_vacations;
4-0ther project permits which the city determines present special circumstances that
warrant a review process different from that provided in this subsection, including but not
limited to special permit applications for sidewalk, driveway, curb and gutter, excavation
and floodplain development permits not subject to SEPA.
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B. The following project permits are excluded from the provisions of the integrated and
consolidated permit process and the requirements of Chapters 14.07, 14.11 and 14.12 ACC:
1. Lot line adjustments;
2. Building and other construction permits or similar administrative approvals, including but
not limited to building, grading, land clearing permits and administrative temporary use
permits, which are categorically exempt from environmental review under Chapter 43.21 C
RCW, or for which environmental review has been completed in connection with other project
permits. (Ord. 6295 § 13, 2010; Ord. 4835 § 1, 1996.)
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Chapter 14.16
IMMUNITY FROM DAMAGE CLAIMS
Sections:
14.16.010 City liability.
14.16.010 City liability.
Pursuant to the Regulatory Reform Act, Chapter 403, Section 421 of the Laws of the State of
Washington 1995, the city is not liable for damages due to the city's failure to make a final
decision within the time limits established in Chapter 14.11 ACC. (Ord. 4835 § 1, 1996.)
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Chapter 14.17
JUDICIAL REVIEW OF LAND USE DECISIONS MADE BY LOCAL
JURISDICTIONS
Sections:
14.17.010 Requirements - Exceptions.
14.17.010 Requirements - Exceptions.
Judicial review of land use decisions shall be brought pursuant to the requirements contained
in Chapter 36.70C RCW except for the following:
A. judicial review of:
1. Land use decisions made by bodies that are not part of a local jurisdiction;
2. Land use decisions of a local jurisdiction that are subject to review by a quasi-judicial
body created by state law, such as the shorelines hearings board or the growth
management hearings board; and
B. Judicial review of applications for a writ of mandamus or prohibition; or
C. Claims provided by any law for monetary damages or compensation. If one or more claims
for damages or compensation are set forth in the same complaint with a land use petition
brought under Chapter 36.70C RCW, the claims are not subject to the procedures and
standards, including deadlines, provided in Chapter 36.70C RCW for review of the petition. The
judge who hears the land use petition may, if appropriate, preside at a trial for damages or
compensation. (Ord. 4835 § 1, 1996.)
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Chapter 14.18
WATER AND SEWER AVAILABILITY CERTIFICATES
Sections:
14.18.002 Purpose.
14.18.004 Property adjacent to city limits.
14.18.006 Definitions.
14.18.010 Preapplication conference meeting recommended.
14.18.020 Application, submittal and nntnntc Water and Sewer Availability
Certificates.
14.18.030 Public hearing.
14.18.040 Administrative review.
14.18.050 Hearing examiner.
14.18.060 City council review.
14.18.070 Findings of fact.
14.18.074 Conditions of approval.
14.18.080 Notice of decision to applicant.
14.18.090 Adjustments of an approved development agreement.
14.18.094 Compliance with this chapter and the terms of a development
agreement.
14.18.100 Time limitations.
14.18.002 Purpose.
The purpose of this chapter is to ensure that all development that occurs in unincorporated
areas, that receives either water or sanitary sewer from the city of Auburn, is consistent with
the development standards of the city of Auburn. In so doing the property at the time of
annexation will be consistent with city development standards making it is less likely that the
city will have to expend public funds to address a substandard development after annexation.
An additional purpose is to ensure the property is obligated to annex to the city at the
appropriate time as determined by the city. (Ord. 5306 § 1, 1999.)
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14.18.004 Property adjacent to city limits.
If the property that is requesting water and/or sanitary sewer service is adjacent to the Auburn
city limits, the subject property shall be annexed to the city prior to receiving water and/or
sanitary sewer from the city. If it is determined by the city of Auburn that it would not be
practical to immediately annex subject property due to constraints in providing adequate city
services or for other reasons that would make the annexation impractical, at the present time,
then a development agreement is required pursuant to this chapter. (Ord. 5306 § 1,1999.)
14.18.006 Definitions.
A. "Development" means any construction to include excavation, filling, grading, paving, new
construction or expansion of a building, structure or use or any change in the use of a building
or structure, or any change in the use of land.
B. "Development agreement" means an agreement between the city of Auburn and the
property owner(s)/developer(s) of land located outside the incorporated boundaries of the city
of Auburn. The development agreement shall be in a form as prepared by the city attorney and
shall contain provisions requiring the property owner(s)/developer(s) to conform to all
applicable city development standards. The development agreement shall also provide to the
city of Auburn a nonrevocable power of attorney that authorizes the city of Auburn to include
the subject property in an annexation at any time.
C. "Development standards" mean standards or comprehensive plan policies adopted by the
city of Auburn that regulate development of property and include but are not limited to those
related to zoning, subdivision, shorelines, utilities, streets, parks, land use, or sensitive areas.
(Ord. 5306 § 1, 1999.)
14.18.010 Preapplication conference meeting recommended.
A preapplication conference is available and encouraged prior to project permit application
submittal. Preapplication conferences are optional, and are not a requirement for any project
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27
..
.. .-
.- ... ..
14.18.020 Application, submittal and contents -Water and Sewer
Availability Certificates.
Application for water and/or sewer availability certificates shall be submitted to the department
of planning and development, shall be accompanied by applicable fees as established by
ordinance and shall include the following:
B. Legal Description of the Property. Description must be described with a "metes and bounds"
legal description, unless the property is part of a recorded subdivision. Along with the legal
description, the parcel number (tax I.D. number) must also be provided;
C. Site Plan.
1. Seven copies of the site plan or plat map including the following information:
a. Vicinity map;
b. Boundaries and dimensions of property;
c. Adjacent public and private streets;
d. Easements, existing and proposed;
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e. Location of all fire hydrants;
f. Location of building, including setbacks;
g. Topography of site and surrounding area.
2. If application is for development other than an individual single-family home, the
following additional information is necessary:
a. Boundaries and dimensions of any existing or proposed lots;
b. Proposed public and private streets with a typical cross-section and the proposed
grade of the street;
c. Location and size of all existing and proposed utilities;
d. Location and layout of off-street parking;
e. Any additional information required by the planning director that may be needed
to determine if the project is consistent with city development standards.
D. If, for some reason, the development cannot meet city development standards the property
owner(s)/developer(s) may request a modification to the development standard as it applies to
the particular development. The property owner(s)/developer(s) shall submit a letter to the city
planning director requesting said modification that describes the particular circumstance and
the development standard that cannot be met together with an explanation of why it cannot be
met. The request for modification shall be considered as part of the public hearing required by
ACC 14.18.030 and cannot be granted unless it is consistent with the findings of fact as outlined
in ACC 14.18.070(B);
E. Filing Fees.
1. Individual single-family home: none;
2. All others: $250.00. (Ord. 6287 § 2, 2010; Ord. 5306 § 1, 1999; Ord. 5147 § 1, 1998; Ord. 4872 § 1,
1996.)
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14.18.030 Public hearing.
A. Upon determination of a complete application for development, other than an individual
single-family home, the director shall tentatively set a date for a public hearing to be held
before the city's hearing examiner. Every hearing held for the purposes of this chapter shall be
open to the public, and a record of the hearing shall be kept and made available for public
inspection.
B. Any notice of public hearing required by this section shall include the hour, date and
location of the hearing and a description of the property. The description may be in the form of
either a vicinity location sketch or a written description other than a legal description.
C. The planning director shall cause notice of the hearing to be given in the following manner:
1. Notice shall be published not less than 10 days prior to the hearing in a newspaper of
general circulation within the county where the real property is located;
2. Requiring the subject property posted in accordance with the applicable requirements
of Chapter 1.27 ACC. (Ord. 6532 § 20, 2014; Ord. 6287 § 2, 2010; Ord. 5811 § 3, 2003; Ord. 5306 § 1,
1999; Ord. 4872 § 1, 1996.)
14.18.040 Administrative review.
The director shall forward to appropriate city departments and divisions one copy of the
application for water and/or sewer availability, together with copies of any appropriate
accompanying documents. The city departments and divisions shall review the proposal as to
the availability of water and sewer, the conformance of the proposal to any plans, city policies
or regulations pertaining to streets, utilities; and any other issues related to the interests and
responsibilities of the department or division. The application will then be processed in the
following manner:
A. Individual Single -Family Home. If upon review by city departments and divisions, it is found
that the single-family home meets all relevant city development standards, a development
agreement shall be prepared and signed by the city and the applicant(s). The development
agreement must be recorded by the county assessor's office and returned to the city prior to
the issuance of the water and/or sanitary sewer availability certificates. If it is found that, for
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any reason, the individual single-family home cannot meet city development standards, the
application shall be processed as an "other development" as described below.
B. All Other Developments. If upon completion of review by city departments and divisions it is
found that the development meets or is capable of meeting all relevant city development
standards, a development agreement will be drafted. If there are modifications to development
standards those modifications shall be reflected in the agreement. The agreement will then be
forwarded to the planning and development committee for a public hearing as outlined in ACC
14.18.030 and 14.18.050. (Ord. 6287 § 2, 2010; Ord. 5306 § 1, 1999; Ord. 5170 § 1, 1998; Ord. 4872 § 1,
1996.)
14.18.050 Hearing examiner.
The hearing examiner, following the closure of the public hearing, shall recommend to the city
council that the city sign a development agreement with the applicant or to not sign a
development agreement with the applicant. The hearing examiner shall not recommend
approval of the development agreement unless it finds the proposal is in conformance with the
findings of fact as outlined in ACC 14.18.070(A). (Ord. 6532 § 21, 2014; Ord. 6287 § 2, 2010; Ord. 4872
§ 1, 1996.)
14.18.060 City council review.
A. Upon receipt of the hearing examiner's recommendation, the city council shall, at its next
public meeting, approve, remand the recommendation to the hearing examiner or schedule a
closed record hearing. Any aggrieved person may request the council to conduct its own closed
record hearing. The council can only amend or reject the hearing examiner's recommendation.
B. If the council holds its own closed record hearing on a proposed development agreement,
the council shall consider the findings, conclusions and recommendations of the hearing
examiner's public hearing. After conducting its own closed record hearing the council may
approve, approve with conditions, reject or return the application to the applicant for
corrections or modifications.
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C. When the council makes its decision on the development agreement, it shall pass a
resolution prepared by the city attorney. A resolution prepared under this subsection shall
include formal findings of fact and conclusions supporting the decision. If the development
meets all city development standards, the findings shall affirm that the development conforms
with all applicable city development standards. If the development agreement allows
modifications from some city standards, the modifications shall be specified in the resolution.
(Ord. 6532 § 22, 2014; Ord. 6287 § 2, 2010; Ord. 5785 § 1, 2003; Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.)
14.18.070 Findings of fact.
A. The development agreement shall be recommended for signing only if findings of fact are
drawn to support the following:
1. The development is consistent with city development standards; and
2. The development is consistent with the city comprehensive plan; and
3. The property cannot be annexed immediately.
B. Modifications to city development standards maybe granted only if findings of fact are
drawn to support the following:
1. That special circumstances related to the size, shape, topography, location or
surroundings of the subject property do not provide the owner with the development
rights and privileges permitted to other similar properties in the vicinity and in the zoning
district in which the subject property is located; or
2. That, because of the special circumstances, the development of the property in strict
conformity with city standards will not allow a reasonable and harmonious use of the
property; or
3. When applying city standards will result in a distinct "discontinuity" with adjacent
development which was previously approved or constructed to county standards; or
4. When applying city standards puts the developer in a position where the county will not
allow that development to take place. (Ord. 5170 § 1, 1998; Ord. 4872 § 1, 1996.)
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14.18.074 Conditions of approval.
In order to ensure compliance with the terms of this chapter conditions of approval may be
required as part of the development agreement. (Ord. 5306 § 1, 1999.)
14.18.080 Notice of decision to applicant.
A. Following passage of a resolution approving or rejecting a development agreement, the
director shall notify the applicant of the decision. The notice shall be accompanied by a copy of
the passed resolution. If the resolution is to approve the development agreement, the notice
shall advise the applicant that the development agreement must be signed by the applicant and
recorded by the county assessor's office. The development agreement must be returned to the
city prior to the issuance of the water and/or sewer availability certificates.
B. The development agreement must be approved by the city prior to any application, plans or
other submittals that are submitted to the county. Any such submittal shall be consistent with
the requirements of the development agreement. (Ord. 5785 § 2, 2003; Ord. 5306 § 1, 1999; Ord. 5170
§ 1, 1998; Ord. 4872 § 1, 1996.)
14.18.090 Adjustments of an approved development agreement.
A. Minor Adjustments. Minor adjustments may be made and approved by the planning director.
Minor adjustments are those which do not violate the terms of the development agreement.
B. Major Adjustments. Major adjustments are those which, when determined by the planning
director, violate the terms of the development agreement. When the planning director
determines a change constitutes a major adjustment, an amendment to the development
agreement is required and the process is the same as a new application. (Ord. 5306 § 1, 1999; Ord.
4872 § 1, 1996.)
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14.18.094 Compliance with this chapter and the terms of a
development agreement.
The city of Auburn reserves the right to withhold or terminate water and/or sanitary service to a
development that does not comply with the terms of its development agreement and/or the
provisions of this chapter. (Ord. 5306 § 1, 1999.)
14.18.100 Time limitations.
A. A development agreement shall run with the title of the property.
B. Water and sewer availability certificates expire in one year, but are renewable. It is not
necessary to sign a new development agreement provided all of the terms of the original
agreement can still be met. (Ord. 4872 § 1, 1996.)
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Chapter 14.20
MOBILE HOME PARK CLOSURE
Sections:
14.20.010
Purpose.
14.20.020
Scope.
14.20.030
Enforcement - Inspection.
14.20.040
Exceptions.
14.20.050
Penalties.
14.20.060
Liability.
14.20.070
Eviction notices for change of use or closure of a mobile home park.
14.20.080
Relocation report and plan.
14.20.090
Certificate of completion of the relocation report and plan.
14.20.100
Notice of provisions.
14.20.110
Administration.
14.20.120
Appeal.
14.20.130
Closure and government sponsorship.
14.20.010 Purpose.
The purpose of this chapter is to provide rules, regulations, requirements, and standards for
the closure or change of use of mobile home parks in the city, insuring that the public health,
safety, and general welfare of the city shall be promoted and protected; that orderly growth,
development, and proper use of land shall be insured; and that conformance with provisions
set forth in the city comprehensive plan are followed. (Ord. 5746 § 1, 2003.)
14.20.020 Scope.
This chapter applies to the closure or change in use of mobile home parks. This chapter shall
apply to all lands within the corporate boundaries of the city. Where this chapter imposes
greater restrictions or higher standards upon the development of land than other laws,
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ordinances, codes or restrictive covenants, the provisions of this chapter shall prevail. (Ord. 5746
§ 1, 2003.)
14.20.030 Enforcement - Inspection.
Regarding the closure of mobile home parks, it shall be the duty of the planning director to
enforce the applicable provisions of this chapter. The planning director and/or designee may
inspect any mobile home park in order to verify compliance with this chapter. Failure to make
such inspection shall not constitute a waiver of any of the provisions of this chapter. For
inspection purposes, the planning director and/or their duly authorized representative shall
have the right and is hereby empowered to enter any mobile home park. (Ord. 5746 § 1, 2003.)
14.20.040 Exceptions.
Upon proper application by the affected property owner to the city's hearing examiner,
pursuant to the provisions of the Auburn City Code (ACC), and following a public hearing on the
application, the hearing examiner may grant an exception from the requirements of this
chapter when undue hardship may be created as a result of strict compliance with the
provisions of this chapter. In deciding any exception, the hearing examiner may prescribe
conditions that they deem necessary to or desirable for the public interest. No exceptions shall
be granted unless the hearing examiner finds that:
A. There are special physical circumstances or conditions affecting the property such that the
strict application of the provisions of this chapter would deprive the applicant of the reasonable
use or development of their land; and
B. The exception is necessary to insure such property the rights and privileges enjoyed by
other properties in the vicinity and under similar circumstances; and
C. The granting of the exception will not be detrimental to the public health, safety and welfare
or injurious to the property in the vicinity. (Ord. 5746 § 1, 2003.)
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14.20.050 Penalties.
Any person, firm, corporation or association, or any agent of any person, firm, corporation or
association who violates the provisions of this chapter shall be guilty of a misdemeanor and
upon conviction be subject to a fine not to exceed $1,000 for each such violation, or
imprisonment for a period not to exceed 90 days, or both such fine and imprisonment. (Ord.
5746 § 1, 2003.)
14.20.060 Liability.
This chapter shall not be construed to relieve from or lessen the responsibility of any person
closing a mobile home park in the city for damages to anyone injured or damaged either in
person or property by any defect therein; nor shall the city or any agent thereof be held as
assuming such liability by reason of any preliminary or final approval or by issuance of any
permits or certificates authorized herein. (Ord. 5746 § 1, 2003.)
14.20.070 Eviction notices for change of use or closure of a mobile
home park.
A. Before a mobile home park owner may issue eviction notices pursuant to a closure or
change of use under Chapter 59.21 RCW, the mobile home park owner must first submit to the
planning and development department a relocation report and plan that meets the
requirements of ACC 14.20.080. If applying for a change of use, the mobile home park owner
shall submit the relocation report and plan together with all other necessary applications. Once
the planning director determines that the relocation report and plan meets the requirements of
ACC 14.20.080, the planning director shall approve the relocation report and plan and return a
copy of the approved plan to the mobile home park owner. If the planning director determines
that the relocation report and plan does not meet the requirements of ACC 14.20.080, the
planning director may require the mobile home park owner to amend or supplement the
relocation report and plan as necessary to comply with this chapter before approving it.
B. No sooner than upon approval of the relocation report and plan, the owner of the mobile
home park may issue the 12-month closure notice to the mobile home park tenants. The
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closure notice shall comply with RCW 59.20.080 and 59.21.030, as amended. No mobile home
owner who rents a mobile home lot may be evicted until the 12-month notice period expires,
except pursuant to the State Mobile Home Landlord -Tenant Act, Chapter 59.20 RCW. (Ord. 6287
§ 2, 2010; Ord. 5746 § 1, 2003.)
14.20.080 Relocation report and plan.
A. The relocation report and plan shall describe how the mobile home park owner intends to
comply with Chapters 59.20 and 59.21 RCW, relating to mobile home relocation assistance, and
with ACC 14.20.070 through 14.20.120. The relocation report and plan must provide that the
mobile home park owner will assist each mobile home park tenant household to relocate, in
addition to making any state or federal required relocation payments. Such assistance must
include providing tenants an inventory of relocation resources, referring tenants to alternative
public and private subsidized housing resources, helping tenants obtain and complete the
necessary application forms for state -required relocation assistance, and helping tenants to
move the mobile homes from the mobile home park. Further, the relocation report and plan
shall contain the following information:
1. The name, address, and family composition for each mobile home park tenant
household, and the expiration date of the lease for each household;
2. The condition, size, ownership status, HUD and/or State Department of Labor and
Industries certification status, and probable mobility of each mobile home occupying a
mobile home lot;
3. Copies of all lease or rental agreement forms the mobile home park owner currently
has in place with mobile home park tenants;
4. To the extent mobile home park tenants voluntarily make such information available, a
confidential listing of current monthly housing costs, including space rent, mobile home
rent or other payments and utilities, for each mobile home park tenant household;
5. To the extent mobile home park tenants voluntarily make such information available, a
confidential listing of gross annual income for each mobile home park tenant household;
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6. An inventory of relocation resources, including available mobile home spaces in King,
Snohomish, Kitsap and Pierce Counties, as well as mobile home age or size restrictions
each park may have in place;
7. Actions the mobile home park owner will take to refer mobile home park tenants to
alternative public and private subsidized housing resources;
8. Actions the mobile home park owner will take to assist mobile home park tenants to
move the mobile homes from the mobile home park;
9. Other actions the owner will take to minimize the hardship mobile home park tenant
households suffer as a result of the closure or conversion of the mobile home park; and
10. A statement of the anticipated timing for park closure.
B. The planning director may require the mobile home park owner to designate a relocation
coordinator to administer the provisions of the relocation report and plan and work with the
mobile home park tenants, the planning and development department, and other city and state
offices to ensure compliance with the relocation report and plan and with state laws governing
mobile home park relocation assistance, eviction notification, and landlord/tenant
responsibilities.
C. The owner shall make available to any mobile home park tenant residing in the mobile
home park copies of the proposed relocation report and plan, with confidential information
deleted. Within 14 days of the planning director's approval of the relocation report and plan, a
copy of the approved relocation report and plan shall be mailed by the owner to each mobile
home park tenant.
D. The mobile home park owner shall update with the planning and development department
the information required under this section to include any change of circumstances occurring
after submission of the relocation report and plan that affects the relocation report and plan's
implementation. (Ord. 6287 § 2, 2010; Ord. 5746 § 1, 2003.)
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14.20.090 Certificate of completion of the relocation report and plan.
No mobile home park owner may close a mobile home park, or obtain final approval of a
comprehensive plan or zoning redesignation until the mobile home park owner obtains a
certificate of completion from the planning and development department. The planning
director shall issue a certificate of completion only if satisfied that the owner has complied with
the provisions of an approved relocation report and plan, the eviction notice requirements of
RCW 59.20.080 and 59.21.030, the relocation assistance requirements of RCW 59.21.021, and
any additional requirements imposed in connection with required city applications. (Ord. 6287
§ 2, 2010; Ord. 5746 § 1, 2003.)
14.20.100 Notice of provisions.
It is unlawful for any party who is required to submit a relocation report and plan to the city
pursuant to this chapter to sell, lease or rent any mobile home or mobile home park rental
space without providing a copy of such relocation report and plan to the prospective purchaser,
lessee, or renter, and advising the same, in writing, of the provisions of ACC 14.20.070 through
14.20.120 and the status of such relocation report and plan. (Ord. 5746 § 1, 2003.)
14.20.110 Administration.
The planning director shall administer and enforce ACC 14.20.070 through 14.20.120.
Whenever an owner or an owner's agent fails to comply with the provisions of ACC 14.20.070
through 14.20.120, the following may occur:
A. The planning director may deny, revoke, or condition a certificate of completion, a permit,
or another approval;
B. Any other city permits or approvals may be conditioned on the owner's successful
completion of remedial actions deemed necessary by the planning director to carry out the
purposes of ACC 14.20.070 through 14.20.120. (Ord. 5746 § 1, 2003.)
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14.20.120 Appeal.
Any appeal from an administrative determination under ACC 14.20.070(A), 14.20.090, and
14.20.110(A) shall be filed within 14 days of the determination and shall be processed in
accordance with the procedures established for appeals of administrative decisions under ACC
18.70.050. (Ord. 6184 § 7, 2008; Ord. 5746 § 1, 2003.)
14.20.130 Closure and government sponsorship.
A. If an eminent domain action by a federal, state or local agency causes closure of a mobile
home park and the procedures set forth in the Federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act, 42 USC 4601 et seq., and the regulations of 49 CFR Part 24 or
the Relocation Assistance - Real Property Acquisition Policy Act of Chapter 8.26 RCW and the
regulations of Chapter 468-100 WAC are followed, the requirements of those acts and
regulations will supersede the requirements of ACC 14.20.070 through 14.20.120.
B. If a condemnation action of the city causes closure of a mobile home park, the city will be
responsible for fulfilling the requirements of the standards contained herein. If the city chooses
to follow portions of the state act and regulations and the planning director determine that
there is a conflict or redundancy between the portions of the state act and regulations being
followed by the city, and the standards contained herein, the state act shall take precedence in
such areas of conflict or redundancy. If the state act is followed in all respects, such act will
supersede the requirements of this section and the standards contained herein. (Ord. 5746 § 1,
2003.)
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Chapter 14.22
COMPREHENSIVE PLAN
Sections:
14.22.010
Purpose.
14.22.020
Comprehensive plan adopted.
14.22.030
Early and continuous public participation.
14.22.040
Definitions.
14.22.050
Conformance and consistency.
14.22.060
Amendments and exceptions.
14.22.070
Periodic assessment.
14.22.080
Docketing.
14.22.090
Proposals for amendments.
14.22.100
Public hearing required by planning commission.
14.22.110
Decision criteria for plan amendments.
14.22.010 Purpose.
The city of Auburn comprehensive plan establishes the principles, goals, objectives and policies
guiding future development of the city in compliance with Chapter 36.70A RCW, the Washington
State Growth Management Act. The purpose of this chapter is to establish procedures and
review criteria for amending the comprehensive plan and to provide provisions for public
participation in the planning process. (Ord. 6172 § 1, 2008.)
14.22.020 Comprehensive plan adopted.
The city of Auburn comprehensive plan, as amended in April 1995 to comply with the Growth
Management Act and as may subsequently be amended thereafter, consisting of the following
elements, is hereby adopted by reference:
A. Chapters of the Comprehensive Plan.
1. Core Comprehensive Plan.
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2. The Land Use Element.
3. The Housing Element.
4. The Capital Facilities Element.
5. The Utilities Element.
6. The Transportation Element.
7. The Economic Development Element.
8. The Parks and Recreation Element.
9. Comprehensive Plan Map.
Appendix A - Auburn Community Vision Report.
Appendix B - Auburn Housing Needs and Characteristics Assessment.
Appendix C - Auburn Housing Element Checklist.
Appendix D -Auburn Health Impact Assessment.
Appendix E - Auburn Public Participation Plan.
Appendix FA - King County Buildable Lands Analysis.
Appendix F.2 - Pierce County Buildable Lands Analysis.
Appendix G - Auburn Airport Master Plan.
Appendix H - Auburn Community Profile.
Appendix I - Auburn Greenhouse Gas Inventory.
Appendix J - Parks, Arts and Recreation Open Space Plan.
B. Additional Documents of the Comprehensive Plan, That Are Incorporated by Reference.
1. Comprehensive Transportation Plan,
2. Capital Facilities Plan.
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3. Shorelines Management Program.
4. Comprehensive Water Plan.
5. Comprehensive Sewer Plan.
6. Comprehensive Drainage Plan.
7. Auburn Downtown Plan (May 2001).
8. Lakeland Hills Plan (1988).
9. Auburn Adventist Academy Plan (1991).
10. Auburn North Business Area Plan (1992). (Ord. 6612 § 1, 2016; Ord. 6329 § 1, 2010; Ord. 6172
§ 1, 2008.)
14.22.030 Early and continuous public participation.
A. The city of Auburn encourages early and continuous public participation in the
comprehensive planning process, and in other city -initiated planning programs that may be
carried out under the overall framework of the plan. This chapter contains procedures for the
consideration of potential amendments to any chapter or element of the comprehensive plan.
B. The director shall broadly disseminate information regarding the annual docketing and
amendment process and identify a deadline for submittal of applications for inclusion in the
annual amendment cycle. Applications submitted after the established deadline will be
considered during the following annual amendment process. (Ord. 6172 § 1, 2008.)
14.22.040 Definitions.
A. "Amendment" means any change in the wording, context or substance of the
comprehensive plan or a change to the comprehensive land use map or any other map
contained or referenced within any plan chapter or element.
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B. "Area -wide map amendment" means an amendment to the comprehensive land use map
involving four or more contiguous or adjacent parcels under different ownership that would be
similarly affected by a proposed map amendment.
C. "City -initiated planning program" means a planning program begun by resolution of the city
council, or the planning commission, addressing a geographic sub -area of the city's urban
growth area (such as a special area plan) or addressing a specific functional area (such as a
utility plan).
D. "Director" means the director of the department of planning and development or designee.
E. "Docket" means a list of suggested amendments to the comprehensive plan maintained by
the director.
F. "Planning commission" is an appointed group serving in an advisory capacity to the city
council as specified in Chapter 2.45 ACC. (Ord. 6532 § 23, 2014; Ord. 6287 § 2, 2010; Ord. 6172 § 1, 2008.)
14.22.050 Conformance and consistency.
The zoning, land division and other development codes contained or referenced within Auburn
City Code shall be consistent with and implement the intent of the comprehensive plan. Capital
budget decisions shall be made in conformity with the comprehensive plan. (Ord. 6172 § 1, 2008.)
14.22.060 Amendments and exceptions.
A. The comprehensive plan may only be amended pursuant to this chapter, no more
frequently than once each calendar year as part of the annual cycle established herein, except
as provided in subsection C of this section.
B. All amendments shall be considered concurrently so as to assess their cumulative impact.
C. Exceptions. Pursuant to Chapter 35A.70 RCW, under the following circumstances,
amendments may be processed separately and in addition to the annual amendment cycle:
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1. If an emergency exists, which is defined as an issue of community -wide significance that
addresses the public health, safety, and general welfare;
2. To resolve an appeal of a comprehensive plan filed with the Growth Management
Hearings Board or with the court;
3. To adopt or amend a shoreline master program under the procedures set forth in
Chapter 90.58 RCW;
4. The initial adoption of a subarea plan or new element to the comprehensive plan;
5. The amendment of the capital facilities plan may occur concurrently with the adoption
or amendment of the city budget;
6. Amendments of the comprehensive plan that are conducted in conjunction with an
annexation as set forth in Titles 35 and 35A RCW. (Ord. 6853 § 1 (Exh. A), 2022; Ord. 6172 § 1,
2008.)
14.22.070 Periodic assessment.
A. The director will periodically monitor the comprehensive plan and development regulations
that implement the plan, assess the need for any amendments, and may add potential changes
to the docket as specified in ACC 14.22.080. The assessment shall be based on, at a minimum:
1. Whether growth and development are occurring at a faster or slower rate than
envisioned in the plan;
2. Whether the capacity to provide adequate services has diminished or increased;
3. The availability of land to meet demand;
4. Whether the assumptions on which the plan is based remain valid;
5. The effect of the plan on land values and housing is contrary to plan goals;
6. Whether sufficient change or lack of change in circumstances dictates the need for an
amendment.
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B. The city shall complete a comprehensive review of the comprehensive plan and
development regulations in order to update it as appropriate and to ensure continued
compliance with the Growth Management Act pursuant to RCW 36.70A.130. (Ord. 6329 § 2, 2010;
Ord. 6172 § 1, 2008.)
14.22.080 Docketing.
A. In accordance with RCW 36.70A.470, suggested changes to the comprehensive plan which
are not specific to any site may be submitted by any individual, organization or general or
special purpose government and shall be coordinated by the director. The director shall create
appropriate forms for such submittals that require the submittal to address the criteria
outlined in subsection C of this section. The list shall be known as the "docket" and is the means
to suggest a change or identify a deficiency in the comprehensive plan. An item may be
submitted to the docket at any time during the calendar year. There is no fee associated with
submitting an item to the docket.
B. Annually, the director shall review such suggestions with the city council and determine
whether to direct them to the planning commission for consideration. The city council may
decline to consider any item from the docket.
C. Proposed amendments on the docket maybe considered appropriate for action if the
following criteria are met:
1. A proposed comprehensive plan text amendment addresses a matter appropriate for
inclusion in the plan;
2. The proposal demonstrates a strong potential to serve the public interest by
implementing specifically identified goals and policies of the plan;
3. The proposal addresses the interests and changed needs of the entire city as identified
in the plan;
4. The proposal does not raise policy or land use issues that are more appropriately
addressed by an ongoing work program approved by the city council;
5. The proposal can be reasonably reviewed and evaluated, given existing staff and
budget resources; and
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6. The proposal has not been voted on by the city council in the last three years. This time
limit may be waived by the city council if it is demonstrated that there exists either an
obvious technical error or a change in circumstances that justifies the need for the
amendment.
D. Any item on the docket that is not determined to be appropriate for action may be
proposed under ACC 14.22.090, provided it is timely and properly filed. (Ord. 6532 § 24, 2014; Ord.
6172 § 1, 2008.)
14.22.090 Proposals for amendments.
A. Privately Initiated Amendments. A proposed amendment to the comprehensive plan, other
than docketing pursuant to ACC 14.22.080, may be submitted by any individual, organization,
corporation or partnership; general or special purpose government other than the city; or
entity of any kind; provided, that if the proposal involves specific real property, the property
owner has provided written consent to the proposal.
B. City -Initiated Amendments. The city councilor the planning commission may initiate a
planning program or any type of amendment to the comprehensive plan, regardless of whether
site -specific or area -wide in scope.
C. Application. Except for city -initiated planning programs or individual amendments, all
proposed amendments shall be submitted to the director on an approved form, together with
required filing fees. An environmental checklist shall also be submitted if required. A proposed
amendment request shall include the following information:
1. Name, address, phone number and e-mail address of the applicant and contact person
and written consent of the property owner if the proposal affects specific property;
2. If the amendment concerns specific property, both a general description and legal
description of the property;
3. A description of the plan amendment being requested;
4. Written statements addressing the purpose of the amendment, why it is being
requested, and how it is consistent with the criteria listed in ACC 14.22.110;
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5. If the request is for an amendment to the comprehensive land use map, an indication
of what concurrent change in zoning is also being requested.
D. Department Report. The director shall prepare an assessment and recommendation on all
proposed amendment requests and include this within a report that evaluates all requests
concurrently. (Ord. 6532 § 25, 2014; Ord. 6172 § 1, 2008.)
14.22.100 Public hearing required by planning commission.
A. The planning commission shall hold at least one public hearing on all proposed
amendments to the comprehensive plan. Notice of such public hearing shall be given pursuant
to Chapter 1.27 ACC and, at a minimum, include the following:
1. For site -specific plan map amendments:
a. Notice shall be published once in the official newspaper of the city not less than 10
calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record within a
radius of 300 feet of the proposed map amendment request, not less than 10 calendar
days prior to the public hearing;
2. For area -wide plan map amendments:
a. Notice shall be published once in the official newspaper of the city not less than 10
calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record within the
area subject to the proposed amendment;
c. Notice shall be posted in at least two conspicuous locations in the area subject to
the proposed amendment not less than 10 calendar days prior to the date of the
public hearing.
B. Notwithstanding the above, the director may expand the minimum noticing provisions
noted above as deemed necessary.
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C. Planning Commission Recommendation. The planning commission shall conduct a public
hearing on all potential comprehensive plan amendments and shall make and forward a
recommendation on each to the city council. The planning commission shall adopt written
findings and make a recommendation consistent with those findings to the city council.
D. The city council, if it elects to amend the comprehensive plan, shall adopt written findings
and adopt said amendments by ordinance.
E. State Review. All comprehensive plan amendments considered by the planning commission
shall be forwarded for state agency review consistent with RCW 36.70A.106.
F. Any appeal of an amendment to the comprehensive plan shall be made in accordance with
Chapter 36.70A RCW. (Ord. 6172 § 1, 2008.)
14.22.110 Decision criteria for plan amendments.
A. The comprehensive plan was developed and adopted after significant study and public
participation. The principles, goals, objectives and policies contained therein shall be granted
substantial weight when considering a proposed amendment. Therefore, the burden of proof
for justifying a proposed amendment rests with the applicant, who must demonstrate that the
request complies with and/or relates to the following decision criteria:
1. The proposed change will further and be consistent with the goals and objectives of the
plan and the plan will remain internally consistent;
2. Whether the capacity to provide adequate services is diminished or increased;
3. Assumptions upon which the comprehensive plan is based are found to be invalid;
4. A determination of change or lack of change in conditions or circumstances has
occurred since the adoption of the latest amendment to the specific section of the
comprehensive plan that dictates the need for a proposed amendment;
5. If applicable, a determination that a question of consistency exists between the
comprehensive plan and Chapter 36.70A RCW, the countywide planning policies for either
King and/or Pierce County, as appropriate, and Vision 2040: Growth and Transportation
Strategy for the Puget Sound Region;
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6. If the request is to change the land use designation of a specific property on the
comprehensive land use map, the applicant must demonstrate one of the following:
a. The current land use designation was clearly made in error or due to an oversight;
b. The proposed land use designation is adjacent to property having a similar or
compatible designation, or other conditions are present to ensure compatibility with
surrounding properties;
c. There has been a change in conditions since the current land use designation came
into effect. (Ord. 6172 § 1, 2008.)
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Chapter 17.01 ACC, User Guide
Page 1 of 4
Chapter 17.01
USER GUIDE
Sections:
17.01.010 Introduction.
17.01.020 What is a subdivision?
17.01.030 How is a plat reviewed?
17.01.040 What are the criteria for approval?
17.01.050 What happens after a plat is approved?
17.01.060 What about a simple boundary line adjustment or elimination?
17.01.070 How do you modify an existing subdivision?
17.01.080 How do you change a recorded subdivision?
17.01.090 How do you eliminate a recorded subdivision?
17.01.100 Is there another process by which you can subdivide land?
17.01.110 Can you cluster lots within a subdivision?
17.01.010 Introduction.
This title contains standards, regulations and processes for the division of land and adjustment
of property boundaries within the city. (Ord. 6239 § 1, 2009.)
17.01.020 What is a subdivision?
The process of dividing land into smaller lots is often generically referred to as a subdivision.
However, in this title, the term "subdivision" refers specifically to the division of land into five or
more lots, while the division of land into four or fewer lots is called a "short subdivision." Most
of the regulations for subdivisions and short subdivisions are the same, but a short subdivision
is an administrative process where an application is reviewed and decided upon by city staff
whereas a subdivision is reviewed and decided upon by the city's hearing examiner. A plat is
the drawing or map which shows the subdivision or short subdivision. (Ord. 6239 § 1, 2009.)
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Chapter 17.01 ACC, User Guide
Page 2 of 4
17.01.030 How is a plat reviewed?
The plat review process for a short subdivision, including the infrastructure improvement
requirements for approval, is set forth in Chapter 17.09 ACC. The plat review process for a
subdivision, from the optional pre -application conference to preliminary approval by the
hearing examiner, is set forth in Chapter 17.10 ACC. Chapter 17.16 ACC includes additional
requirements for planning and other studies to be submitted for review along with the
preliminary plat. (Ord. 6239 § 1, 2009.)
17.01.040 What are the criteria for approval?
A plat must be laid out in accordance with the standards and specifications set forth in Chapter
17.14 ACC. (Ord. 6239 § 1, 2009.)
17.01.050 What happens after a plat is approved?
Once the layout of a subdivision has been approved by the city, it is said to have preliminary
approval. Then the applicant must submit construction drawings of the infrastructure that was
proposed in the preliminary plat. Once these construction drawings are approved by the city
and the infrastructure has been built, inspected and accepted by the city, the plat has final
approval and can be recorded with the appropriate county. In the case of a subdivision, an
additional application, review and approval process is required for this final approval. This final
plat process is set forth in Chapter 17.12 ACC. (Ord. 6239 § 1, 2009.)
17.01.060 What about a simple boundary line adjustment or
elimination?
Other land adjustment tools are also outlined in this title, including boundary line adjustments
(Chapter 17.06 ACC) and boundary line eliminations (Chapter 17.08 ACC). Boundary line
adjustments are the movement of a boundary line that does not result in the creation of a new
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Chapter 17.01 ACC, User Guide
Page 3 of 4
lot. Boundary line eliminations are the merging of two or more lots by eliminating one or more
lot lines. (Ord. 6239 § 1, 2009.)
17.01.070 How do you modify an existing subdivision?
The applicant can request a modification of subdivision standards and specifications through
the process set forth in Chapter 17.18 ACC. (Ord. 6239 § 1, 2009.)
17.01.080 How do you change a recorded subdivision?
After a subdivision has been recorded with the county in which it is located, any proposed
change to the subdivision is called a subdivision alteration. The alteration process is set forth in
Chapter 17.20 ACC. If the applicant proposes to make a change to an approved preliminary plat
before final plat approval and recording, then the applicant may request an adjustment to the
preliminary plat through the process set forth in ACC 17.10.100. (Ord. 6239 § 1, 2009.)
17.01.090 How do you eliminate a recorded subdivision?
A plat may also be vacated, or eliminated, after recording. Chapter 17.22 ACC outlines the
process by which a plat may be vacated, and to whom the title to the vacated property shall
vest. (Ord. 6239 § 1, 2009.)
17.01.100 Is there another process by which you can subdivide land?
The binding site plan process is an alternative form of land division. It may be used for the
division of land for commercially or industrially zoned property, or for certain types of
residential development. This process is set forth in Chapter 17.24 ACC. (Ord. 6239 § 1, 2009.)
The Auburn City Code is current through Ordinance 6940, passed April 15, 2024.
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Chapter 17.01 ACC, User Guide
Page 4 of 4
17.01.110 Can you cluster lots within a subdivision?
The city of Auburn allows clustering of lots within a subdivision onto a portion of the site, while
maintaining the density of the residential zone. Clustering allows future development to occur
at an appropriate density for infrastructure services; it also protects environmentally sensitive
areas or cultural/historic features by clustering lots away from these areas. The standards by
which clustering is allowed are set forth in Chapter 17.26 ACC. (Ord. 6239 § 1, 2009.)
The Auburn City Code is current through Ordinance 6940, passed April 15, 2024.
Disclaimer: The city clerk's office has the official version of the Auburn City Code. Users should
contact the city clerk's office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Hosted by Code Publishing Company, A General Code Company.
The Auburn City Code is current through Ordinance 6940, passed April 15, 2024.
Page 89 of 165
Chapter 18.59 ACC, Development Standards for Marijuana Related Businesses
Page 1 of 9
Chapter 18.59
DEVELOPMENT STANDARDS FOR MARIJUANA RELATED BUSINESSES
Sections:
18.59.010
Purpose.
18.59.020
Maximum number of marijuana retail businesses.
18.59.030
Required geographic separation.
18.59.040
Marijuana required to be grown in a structure.
18.59.050
Required odor control for marijuana related businesses.
18.59.060
First -in -time - Change in ownership, relocation and abandonment
for marijuana retail stores - Nonconforming uses.
18.59.070
Signage.
18.59.080
Security required.
18.59.090
Specific standards for marijuana producers, processors, research
and transportation businesses.
18.59.100
Pre -application conference meeting recommended re^��ga, eaea.
18.59.110
Public review meeting required.
18.59.010 Purpose.
The development standards contained in this chapter are intended to address the substantive
impacts that marijuana related businesses may have on all or a portion of the community by
providing clear and objective development standards that will reduce or mitigate said impacts
and provide, when appropriate, opportunities for public awareness and input prior to an
application being made to the city. In addition, the development standards will provide the city,
adjacent property owners (residential or nonresidential) and adjacent business owners as well
as the entire community the opportunity to be kept informed and aware through ongoing
reporting for those marijuana related businesses that successfully obtain appropriate
approvals and authorizations to operate in the city of Auburn. (Ord. 6642 § 30, 2017.)
The Auburn City Code is current through Ordinance 6940, passed April 15, 2024.
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Chapter 18.59 ACC, Development Standards for Marijuana Related Businesses Page 2 of 9
18.59.020 Maximum number of marijuana retail businesses.
The total maximum number of marijuana retail businesses operating within the city at any
given time shall be limited to a maximum of four properly licensed and permitted stores. For
purposes of these regulations, these standards shall be considered in addition to the numeric
allowances on these businesses specified now or in the future by the Washington State Liquor
and Cannabis Board. (Ord. 6642 § 30, 2017.)
18.59.030 Required geographic separation.
Marijuana related businesses operating within the city shall be geographically separated as
follows. For purposes of these regulations, these standards shall be considered in addition to
those geographic siting standards specified by the Washington State Liquor and Cannabis
Board:
A. A marijuana retailer authorized by the Washington State Liquor and Cannabis Board and
the city to operate within the city shall be sited a minimum of one mile from another similarly
authorized marijuana business.
B. A marijuana retailer business shall be sited a minimum of 1,320 feet from any properties
zoned and utilized for single-family residential or multifamily residential land uses.
C. All marijuana related businesses shall not be located within the distances identified for the
following uses or any use included in Chapter 314-55 WAC now or as hereafter amended:
1. Two thousand six hundred forty (2,640) feet for:
a. Elementary or secondary school that is existing or that is planned and has a
site -specific location identified in an adopted capital facilities plan;
b. Public or private playgrounds inclusive of those located within a multifamily
residential complex;
c. Public or private recreation center or facility;
d. Child care centers;
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Chapter 18.59 ACC, Development Standards for Marijuana Related Businesses Page 3 of 9
e. Public or private parks;
f. Any game arcade; and
2. One thousand three hundred twenty (1,320) feet for:
a. Public trails;
b. Public transit centers;
c. Religious institutions;
d. Public libraries;
e. Transit center or park -and -ride facility operated by a sovereign nation on trust or
non -trust designated properties.
D. Measurement. All separation requirements shall be measured as the shortest straight line
distance from the property line or right-of-way line of the proposed business location to the
property line or right-of-way line of the use specified in this section. (Ord. 6642 § 30, 2017.)
18.59.040 Marijuana required to be grown in a structure.
For all marijuana related businesses and marijuana cooperatives, marijuana shall be grown in a
structure. Outdoor cultivation is prohibited in all instances. (Ord. 6642 § 30, 2017.)
18.59.050 Required odor control for marijuana related businesses.
Marijuana odor shall be contained within the marijuana related business so that odor from the
marijuana cannot be detected by a person with a normal sense of smell from any abutting use
or property. If marijuana odor can be smelled from any abutting use or property, the marijuana
related business shall be required to implement measures, including, but not limited to, the
installation of the ventilation equipment necessary to contain the odor. (Ord. 6642 § 30, 2017.)
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Chapter 18.59 ACC, Development Standards for Marijuana Related Businesses Page 4 of 9
18.59.060 First -in -time - Change in ownership, relocation and
abandonment for marijuana retail stores - Nonconforming
uses.
A. Areas Where No Retail Marijuana Uses Are Located. If two or more marijuana retail
applicants seek licensing from the state and propose to locate within less than one mile of each
other, the city shall consider the entity that is licensed first by the State Liquor and Cannabis
Board to be the "first in -time" applicant who is entitled to site the retail use. First -in -time
determinations will be based on the date and time of the state -issued license or conditional
license, whichever is issued first. The director or designee shall make the first -in -time
determination.
B. First -in -time determinations are location -specific and do not transfer or apply to a new
property or site, unless the new site is within the same tax parcel.
C. Ownership. The status of a first -in -time determination is not affected by changes in
ownership.
D. Relocation. Relocation of a retail store to a new property voids any firstin-time
determination previously made as to the vacated property. The determination shall become
void on the date the property is vacated. Applicants who may have been previously denied a
license due to a first -in -time determination at the vacated property may submit a new
application after the prior first -in -time determination becomes void.
E. Discontinuance. If an existing marijuana retail use is discontinued or abandoned for a period
of six months with the intention of abandoning that use, then the property shall forfeit
first -in -time status. For purposes of this section, discontinuance shall not mean a legal change
in business name or ownership or Washington State Unified Business Identifier (UBI) number.
Discontinuance of a licensed retail use for a period of six months or greater constitutes a prima
facie intent to abandon the retail use. Intent to abandon may be rebutted by submitting
documentation adequate to rebut the presumption. Documentation rebutting the presumption
of intent to abandon includes but is not limited to:
1. State licensing review or administrative appeal; or
2. Review of building, land use, other required development permits or approvals; or
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Chapter 18.59 ACC, Development Standards for Marijuana Related Businesses Page 5 of 9
3. Correspondence or other documentation from insurance provider demonstrating an
intent to reestablish the use after either a partial or full loss or disruption of the use.
4. The director shall determine whether a retail use has been discontinued, abandoned, or
voided, whether in connection with an application for an administrative conditional use
permit or as otherwise appropriate.
F. Accidental Destruction. First -in -time status or cessation is not affected when a structure
containing a state -licensed retail outlet is damaged by fire or other causes beyond the control
of the owner or licensee; provided all necessary local, regional, state or other permits and
approvals are successfully obtained and redevelopment commences within 12 months from
the documented date of the accidental destruction or the licensee provides documentation
demonstrating why redevelopment cannot commence within 12 months; provided, that
redevelopment is completed within 24 months of the documented date of accidental
destruction.
G. Marijuana related businesses that had lawfully obtained all state and local approvals prior
to the adoption of these rules shall be considered legal conforming uses even if the business is
unable to meet the standards for geographic separations and square footage requirements
outlined in this chapter. (Ord. 6642 § 30, 2017.)
18.59.070 Signage.
All marijuana related businesses shall comply with applicable sign regulations and standards as
specified in Chapter 18.56 ACC (Signs) as may be amended. (Ord. 6642 § 30, 2017.)
18.59.080 Security required.
In addition to the security requirements in Chapter 315-55 WAC, during nonbusiness hours, all
marijuana producers, processors, and retailers shall store all marijuana concentrates, usable
marijuana, marijuana -infused products, and cash in a safe or in a substantially constructed and
locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely
attached thereto. For usable marijuana products that must be kept refrigerated or frozen, these
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Chapter 18.59 ACC, Development Standards for Marijuana Related Businesses Page 6 of 9
products may be stored in a locked refrigerator or freezer container in a manner approved by
the director, provided the container is affixed to the building structure. (Ord. 6642 § 30, 2017.)
18.59.090 Specific standards for marijuana producers, processors,
research and transportation businesses.
A. Marijuana production and processing facilities shall comply with the following provisions:
1. Marijuana production, processing research and transportation facilities shall be
ventilated so that the odor from the marijuana cannot be detected by a person with a
normal sense of smell from any adjoining use or property;
2. A screened and secured loading dock, approved by the director, shall be required. The
objective of this requirement is to provide a secure, visual screen from the public
right-of-way and adjoining properties, and prevent the escape of odors when delivering or
transferring marijuana, marijuana concentrates, usable marijuana, and marijuana -infused
products.
B. Any marijuana producer or marijuana processors operating within the city (1) shall strictly
comply with all industrial, health and safety codes, including but not limited to WAC 314-55-104
and RCW 69.50.348, and (2) shall have at least 4,000 square feet of building utilized for its
individual business, and the total square feet of all marijuana producers and processors in the
city shall not exceed 90,000 square feet of building space; provided, that any such business that
was licensed and existing prior to August 1, 2016, that did not have at least 4,000 square feet of
building utilized for its individual business may continue operating, and shall be classified as a
fully legal conforming use at its current location even though it did not have at least 4,000
square feet of building utilized for its individual business. (Ord. 6642 § 30, 2017.)
18.59.100 Pre -application conference meeting
recommended required.
A pre -application conference is available and encouraged prior to the submittal of a formal
... ..- . - _..em s .. .�.
The Auburn City Code is current through Ordinance 6940, passed April 15, 2024.
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Chapter 18.59 ACC, Development Standards for Marijuana Related Businesses Page 7 of 9
18.59.110 Public review meeting required.
A. A minimum of one public review meeting shall be conducted by applicant for any marijuana
related business in the city. The purpose of the public review meeting is to allow adjacent
property owners (residential and nonresidential) and adjacent business owners an opportunity
to become familiar with the proposal and to identify any associated issues. The public review
meeting is intended to assist in producing applications that are responsive to the concerns of
adjacent property owners (residential and nonresidential) and adjacent business owners and to
reduce the likelihood of delays and appeals. The city expects an applicant to take into
consideration the reasonable concerns and recommendations of these parties when preparing
an application. The city expects these parties to work with the applicant to provide reasonable
concerns and recommendations. The requirements of this section shall apply to new
businesses as well as businesses that are seeking to relocate to a different tax parcel.
B. Prior to submittal of an application for any marijuana related business, the applicant shall
provide an opportunity to meet with adjacent property owners (residential or nonresidential)
and adjacent business owners within whose boundaries the site for the proposed marijuana
related business is located or within the notice radius to review the proposal. The applicant
shall not be required to hold more than one public review meeting provided such meeting is
held within six months prior to submitting an application for one specific site.
C. Public review meetings shall occur prior to submitting a formal business license application
to the city of Auburn.
D. Public review meetings shall occur after the required pre -application conference with the
city of Auburn.
E. The applicant shall hold a public review meeting in a publicly accessible location within one
mile of the proposed business site; provided, that if no such place is immediately available, the
applicant may submit a written request to the director proposing an alternate meeting location
and the director may approve said location, in writing. The meeting starting time selected shall
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Chapter 18.59 ACC, Development Standards for Marijuana Related Businesses Page 8 of 9
be limited to a weekday evening after 6:00 p.m. or a weekend at any reasonable time and shall
not occur on a national holiday. The meeting shall be held at a location open to the public and
in compliance with the Americans with Disabilities Act (ADA). A portable sign at least 22 inches
by 28 inches in size with minimum two-inch lettering shall be placed at the main entrance of the
building where the meeting will take place at least one hour prior to the meeting. Such sign will
announce the meeting, subject matter of the meeting, and announce that the meeting is open
to the public and that interested persons are invited to attend. This sign shall be removed by
the applicant upon conclusion of the meeting.
F. The applicant shall send by regular mail a written notice announcing the public review
meeting to the director, property owners pursuant to the most current public records of the
King County assessor's office or Pierce County assessor's office within 1,320 feet on all sides of
the property involved in the anticipated application and to all current businesses registered
with the city of Auburn within 1,320 feet on all sides of the property involved in the anticipated
application. At the request of the applicant, and upon payment of the applicable fee, the city
will provide the required mailing lists for property owners and/or registered businesses.
G. Not less than 20 calendar days prior to the public review meeting, the applicant shall post a
notice on the property which is subject of the proposed application. The notice shall be posted
within 50 feet of an adjoining public right-of-way in a manner that can be read from the
right-of-way. The notice shall state that the site may be subject to a proposed marijuana related
business, the type of marijuana related business in sufficient detail for a reasonable person to
ascertain the nature and type of business, the name of the applicant and the applicant's
telephone number and electronic mail address where the applicant can be reached for
additional information. The site shall remain posted until the conclusion of the public review
meeting.
H. At the public review meeting, the applicant shall describe the proposed application to
persons in attendance. The attendees may identify any issues that they believe should be
addressed in the proposed application and recommend that those issues be submitted for city
consideration and analysis.
I. At the public review meeting, the applicant shall take notes of the discussion on the
proposed application.
J. To comply with this section, an applicant shall submit the following information with the
business license application:
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Chapter 18.59 ACC, Development Standards for Marijuana Related Businesses Page 9 of 9
1. A copy of the notice sent to surrounding property owners pursuant to subsection F of
this section.
2. A copy of the mailing list used to send out meeting notices pursuant to subsection F of
this section.
3. A written statement and clear photographs containing the information posted on the
property pursuant to subsection G of this section.
4. A notarized affidavit of mailing and posting notices.
5. Copies of written materials and eight -and -one -half -inch by 11-inch size plans presented
at the public review meeting.
6. Typed notes of the meeting, including the meeting date, time, and location, the name
and address of those attending, and a summary of oral and written comments received.
K. If responses to the meeting notice were not received by the applicant and no one attended
the public review meeting or persons in attendance made no comments, the applicant shall
submit evidence as indicated above, with the notes reflecting the absence of comment,
attendance, or both.
L. Failure of a property owner or business owner to receive notice shall not invalidate the
public review meeting proceedings. (Ord. 6642 § 30, 2017.)
The Auburn City Code is current through Ordinance 6940, passed April 15, 2024.
Disclaimer: The city clerk's office has the official version of the Auburn City Code. Users should
contact the city clerk's office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Hosted by Code Publishing Company, A General Code Company.
The Auburn City Code is current through Ordinance 6940, passed April 15, 2024.
Page 98 of 165
Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Pagel of 32
Chapter 18.76
PLANNED UNIT DEVELOPMENT DISTRICT (PUD) - LAKELAND HILLS
SOUTH
Sections:
18.76.010
Purpose.
18.76.020
Process.
18.76.030
Definitions.
18.76.040
Permitted uses.
18.76.045
Uses requiring an administrative use permit.
18.76.046
Marijuana related uses.
18.76.050
Calculation of number of dwelling units.
18.76.060
Development standards.
18.76.070
Design requirements.
18.76.075
Landscaping and screening requirements.
18.76.077
Sign requirements.
18.76.080
Public infrastructure requirements.
18.76.090
Application for approval of major amendment to the PUD.
18.76.100
Phased developments.
18.76.110
Concurrence with subdivision regulations.
18.76.120
Administrative review of major amendments.
18.76.130
Hearing examiner review.
18.76.140
Findings of fact.
18.76.150
City council action.
18.76.160
Site plan approval.
18.76.170
Adjustments to the PUD.
18.76.180
Property owners' association.
18.76.010 Purpose.
The comprehensive plan provides the Lakeland Hills South special area plan is intended to be
consistent with the conditions of approval of the Lakeland Hills South PDD (Pierce County
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 2 of 32
Hearings Examiner Case No. Z15-90/UP9-70) as amended. The conditions of approval which
remain applicable are attached to Ordinance No. 5092 as Exhibit and incorporated herein by
reference.
Auburn has accepted the Lakeland Hills South PUD as an approved PUD. Therefore, this
purpose section shall apply to minor and major amendments to the Lakeland Hills South PUD.
The purpose of a planned unit development (PUD) district is to offer enhanced flexibility to
develop a site through innovative and alternative development standards. A PUD district also
allows for a greater range of residential development scenarios, provides for internal transfers
of density, and may result in more dwelling units than may be realized by using the existing
development standards. In exchange for this enhanced flexibility, the city will require the PUD
to result in a significantly higher quality development, generate more public benefit and be a
more sensitive proposal than would have been the case with the use of standard zoning or
subdivision procedures.
In order for a PUD to be approved it will be the applicant's responsibility to demonstrate, to the
city's satisfaction, that the proposed PUD achieves or is consistent with the following desired
public benefits and expectations in whole or in part:
A. Preservation of Natural Amenities. Preservation of desirable site characteristics such as open
spaces and the protection of sensitive environmental features including steep slopes, rivers,
creeks, wetlands, lakes and scenic views.
B. Pedestrian -Oriented Communities. Use of traffic management and design techniques to
reduce traffic congestion and increase the potential use of alternative modes of travel such as
mass transit, pedestrian and bicycle traffic.
C. Land Use Efficiencies. Provide efficient and effective use of land, open space and public
facilities that result in lower development cost and make housing more affordable.
D. Implementation of the Comprehensive Plan. Provide development that is consistent with the
goals and policies of the comprehensive plan. PUDs may also allow for a small amount of
development from other comprehensive plan designations if determined to be appropriate for
the PUD and its surroundings.
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 3 of 32
E. Enhanced Design Features. Provide building and structural designs that complement
surrounding land uses and their environment. Design standards should reflect quality site
planning, landscaping and building architecture.
F. Creation of Public Amenities. Enhance parks and open spaces consistent with the
comprehensive park plan and nonmotorized plan.
G. Affordable Housing. Provide affordable housing options in accordance with Auburn's
comprehensive plan. (Ord. 5092 § 1, 1998.)
18.76.020 Process.
The approval process for major amendments to the Lakeland Hills South PUD is three steps.
The first step is a recommendation by the hearing examiner and final approval of the PUD or
major amendment by the city council using the process applicable to a rezone, Chapter 18.68
ACC. The second step is the approval of either a preliminary plat, a site plan, or a combination
of both. Where a preliminary plat has been proposed, the third step is the approval of a final
plat by the city council. Step two may be combined with step one.
A. Step One - PUD Major Amendment Approval. Approval of a major amendment to the Lakeland
Hills South PUD shall be applied by the rezone process as specified in Chapter 18.68 ACC.
Generally, a major amendment will be required because a specific proposal within a planning
area necessitates an amendment. For the proposal triggering the need for the major
amendment, the major amendment shall establish the land uses, density, number and types of
dwelling units, number and distribution of lots/units, any modification of plat development
standards, general street layout, street right-of-way widths, whether streets are public or
private, the amount, type, and location of open space and park land, phasing plans if any, and
the responsibilities of the owner/developer. If there is no specific proposal, the major
amendment shall establish these parameters to the extent possible. Application for PUD major
amendment approval shall be in accordance with ACC 18.76.090.
B. Step Two - Preliminary Plat/Site Plan Approval. For those major amendments to the Lakeland
Hills South PUD that consist of only single-family or duplex platted lots, a preliminary plat may
be filed pursuant to Chapter 17.06 ACC. For all other uses, a site plan must be approved by the
director of planning pursuant to ACC 18.76.160. Preliminary plat and site plan approval must be
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 4 of 32
concurrent if a PUD requires both approvals. Preliminary plat/site plan applications may be for
all or a portion of a planning area. Applications for a site plan shall be in accordance with ACC
18.76.160.
C. Step Three - Final Plat Approval. Final plats shall be approved pursuant to Chapter 17.10 ACC.
(Ord. 5092 § 1, 1998.)
18.76.030 Definitions.
For the purposes of this chapter:
A. "Community center/recreation facilities" means a building with associated amenities
intended or designed to be used for community meetings and recreation and may include
facilities within and adjacent to the building for offices, kitchen, storage space, bathrooms, sales
and information, swimming pools, sportcourts, tennis courts, playgrounds, and an outdoor
amphitheater.
B. "Density" means the maximum number of dwelling units per acre allowed within a given
area.
C. "Department" shall refer to the city of Auburn department of planning and development.
D. "Gross area" (also referred to as "gross acreage" or "gross useable area") shall be defined as
all of the area within the boundaries of the entire PUD site including all public and private
parcels, rights -of -way, open spaces, common areas, and dedications.
Lot Types. These definitions apply to dwellings on fee simple lots:
1. "Detached lots" are lots on which the structure on the lot is set back from all the lot
lines.
2. "Zero setback lots" are lots on which the structure on the lot does not have a setback
from one of the interior side lot lines and is not attached to another structure on an
adjoining lot. The structure is set back from all remaining lot lines.
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 5 of 32
3. "Semi -attached lots" are lots on which the structure on the lot does not have a setback
from one of the interior side lot lines and is attached to another structure on an adjoining
lot. The structure is set back from all remaining lot lines.
4. "Attached lots" are lots on which the structure on the lot does not have a setback from
either of the interior side lot lines and is attached to another structure on both adjoining
lots. The structure is set back from all remaining lot lines.
F. "Net area" (also referred to as "net acreage" or "net usable area") shall be defined as the
gross area minus the area designated as nonbuildable areas and nonresidential uses.
G. "Nonbuildable areas" include slopes that exceed 25 percent measured between each
25-foot contour line, wetlands delineated pursuant to the definition of "wetlands" contained
within ACC 16.06.030, or floodways as defined by ACC 15.68.100(Z). Slopes, wetlands, or
floodways that are allowed to be modified by the city may be considered buildable. Wetland
buffers are not considered nonbuildable areas. Nonbuildable areas for each planning area will
be determined following the completion of mining for the planning area pursuant to Pierce
County Permit UP9-70 as it may be amended.
H. "Official Lakeland plan map" is the final development plan for Lakeland attached to the
ordinance codified in this chapter as Exhibit "B-REV" as amended by Ordinance No. 5546 and
legally described in Exhibit "C." Exhibits "B-REV" and "C" are incorporated herein by reference.
Exhibit "B" approved in Ordinance No. 5092 is no longer effective. It is replaced by Exhibit
"B-REV."
I. "Open space" may include such features as landscaped areas, held in common ownership by
a homeowners' association and part of a landscape plan common to the entire PUD, passive
and active recreation uses, natural features, environmental amenities such as wetlands and
their buffers, and storm water facilities that incorporate any or all of the above identified
features. Open space areas shall be required to be enhanced if not already an existing amenity.
Areas intended to be left in their natural state, including but not limited to wetlands and their
buffers and steep slopes, shall be considered an existing amenity. The open space must be a
permanent, integral, and functional amenity that is for the common good and enjoyment of the
residents of the entire PUD and notjust to an individual lot or resident. Landscaped areas,
private parks, and improvements within open space areas shall be maintained by the
homeowners' association. Open space for the Lakeland Hills South special area plan is shown
on the official Lakeland plan map and shall be provided in accordance with the First
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Amendment to Lakeland Annexation and Utilities Agreement as adopted by City Council
Resolution No. 2955.
J. "Planning area" refers to the areas referred to as residential, senior, commercial, community
center, school, and park/open space on the official Lakeland plan map.
K. "Private street" means any access easement, tract or street which is not a public street.
Driveways which are not part of an access easement, tract or street shall not be considered a
street.
L. "Public street" includes all streets, highways, freeways, avenues, lanes, courts, places or
other public rights -of -way in the city held in public ownership and intended to be open as a
matter of right to public vehicular traffic.
M. "Senior housing and services" means living accommodations whereat least one member of
the household is age 55 or over and all members of the household are at least 18 years of age.
Dwelling units may consist of independent living units comprised of attached and detached
single-family and multifamily dwellings where elderly individuals or families provide rooms,
meals, personal care, supervision of self-administered medication, recreational activities,
financial services, and transportation, and may include Alzheimer's care and health care
facilities. For the purposes of this chapter, Alzheimer's care facilities which have no more than
one congregate kitchen and dining area will be considered one dwelling unit. (Ord. 6287 § 2, 2010;
Ord. 5553 § 1, 2001; Ord. 5092 § 1, 1998.)
18.76.040 Permitted uses.
A. Residential.
1. Housing concepts of all types limited only by the density allowed in the official Lakeland
plan map. Examples include the following:
a. Single-family detached homes;
b. Condominiums, apartments, and townhouses;
c. Customary accessory uses and structures common to single-family homes or
multifamily dwellings;
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d. Home occupations authorized by and subject to the standards of Chapter 18.60
ACC;
e. Storage or parking of recreational vehicles for residents of the individual
development;
f. Nonresidential or municipal uses such as schools, churches, libraries, police, parks
or fire facilities as authorized in the PUD;
g. Home -based daycare;
h. Community centers/recreation facilities;
i. Senior housing and services.
2. Parks.
B. Nonresidential. Uses permitted outright by Chapter 18.26 ACC as authorized in the
development plan, except those uses requiring an administrative use permit under ACC
18.76.045. (Ord. 6269 § 25, 2009; Ord. 5777 § 1, 2003; Ord. 5092 § 1, 1998.)
18.76.045 Uses requiring an administrative use permit.
A. The following uses may be permitted throughout the PUD as specifically authorized by the
development plan and when an administrative use permit has been issued pursuant to the
provisions of Chapter 18.64 ACC:
1. Civic, social and fraternal clubs;
2. Mini -daycare and daycare centers;
3. Preschools or nursery schools;
4. Religious institutions;
5. Utility substations;
6. Municipal services:
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a. Police;
b. Fire;
c. Library.
B. The following uses may be permitted in areas of the PUD with a comprehensive plan
designation of "Light Commercial' as specifically authorized by the development plan and when
an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC:
1. Automobile service stations;
2. Drive -through facilities, including banks and restaurants;
3. Brew pubs. (Ord. 62695 37, 2009.)
18.76.046 Marijuana related uses.
All marijuana related businesses and marijuana cooperatives shall not be permitted in any
residential or nonresidential portion of the planned unit development. (Ord. 6642 § 29, 2017.)
18.76.050 Calculation of number of dwelling units.
The maximum number of dwelling units allowed in a planning area is calculated in the following
manner:
A. Nonbuildable areas and land set aside for nonresidential land uses are subtracted from the
gross area of the site to determine the net usable area of the site. For the purposes of this
section, nonbuildable areas do not include public or private streets or driveways within a
planning area.
B. The number of acres of the net usable area of the planning area is multiplied by the
residential densities allowed in the official Lakeland plan map to produce the maximum
number of dwelling units. Any fractions may be rounded up to the nearest whole number as
long as the densities as outlined in subsection C of this section are not exceeded.
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 9 of 32
C. Residential densities within each planning area allowed by the official Lakeland plan map
are as follows:
Allowable Residential Densities
Lakeland Hills South
Comprehensive Plan
Map Designation
Single-family
Moderate density
residential
Maximum Number
of Dwelling Units
Per Acre
6 units per acre
14 units per acre
High density residential 19 units per acre
(Ord. 5092 § 1, 1998.)
18.76.060 Development standards.
The following development standards will apply for each development within the planning
areas shown on the official Lakeland plan map. Except where modified by these standards, all
standards of the Auburn City Code apply. Front yard setbacks are measured from the edge of
the right-of-way for lots fronting on public streets and from the face of the curb, or the
midpoint if a rolled curb is used, for private streets.
A. Single -Family Planning Areas. Single-family planning areas are those planning areas with a
permitted density of one to four and two to six dwelling units per acre. Within these planning
areas, the following development standards apply:
1. Single -Family Detached - One (SFD-1).
a. Minimum lot area: 7,000 square feet.
b. Minimum lot width: 65 feet.
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c. Minimum lot depth: 100 feet.
d. Building footprint coverage: 55 percent.
e. Minimum Yard Setbacks.
i. Front: 10 feet to porch, 15 feet to residence, 20 feet to garage;
ii. Side: five feet;
iii. Side, street: 10 feet;
iv. Rear: 20 feet;
v. Accessory structures and alley -loaded garages shall meet all the required
setbacks of the zone with the exception that the rear yard setback may be reduced
to five feet.
f. Maximum Building Height.
i. Main building: 30 feet;
ii. Accessory buildings: 24 feet.
2. Single -Family Detached -Two (SFD-2).
a. Minimum lot area: 5,400 square feet.
b. Minimum lot width: 60 feet.
c. Minimum lot depth: 90 feet.
d. Building footprint coverage: 55 percent.
e. Minimum Yard Setbacks.
i. Front: 10 feet to porch, 15 feet to residence, 20 feet to garage;
ii. Side, interior: five feet;
iii. Side, street: 10 feet;
iv. Rear: 20 feet;
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v. Accessory structures and alley -loaded garages shall meet all the required
setbacks of the zone with the exception that the rear yard setback may be reduced
to five feet.
f. Maximum Building Height.
i. Main building: 30 feet;
ii. Accessory buildings: 24 feet.
3. Single -Family Detached -Three (SFD-3).
a. Minimum lot area: 4,250 square feet.
b. Minimum lot width: 50 feet.
c. Minimum lot depth: 85 feet.
d. Building footprint coverage: 55 percent.
e. Minimum Yard Setbacks.
i. Front: 10 feet to porch, 15 feet to residence, 18 feet to garage;
ii. Side, interior: five feet;
iii. Side, street: 10 feet;
iv. Rear: 15 feet;
v. Accessory structures and alley -loaded garages shall meet all the required
setbacks of the zone with the exception that the rear yard setback may be reduced
to five feet.
f. Maximum Building Height.
i. Main building: 30 feet;
ii. Accessory buildings: 24 feet.
B. Moderate Density. The moderate density planning areas are those planning areas with a
permitted density of two to 14 dwelling units per acre. Within these planning areas, the
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following development standards apply in addition to those identified in subsection A of this
section:
1. Single -Family Detached - Four (SFD-4).
a. Minimum lot area: 3,375 square feet.
b. Minimum lot width: 45 feet.
c. Minimum lot depth: 65 feet.
d. Building footprint coverage: 55 percent.
e. Minimum Yard Setbacks.
i. Front: 10 feet to porch, 15 feet to residence, 18 feet to garage;
ii. Side, interior: five feet;
iii. Side, street: 10 feet;
iv. Rear: 15 feet;
v. Accessory structures and alley -loaded garages shall meet all the required
setbacks of the zone with the exception that the rear yard setback may be reduced
to five feet.
f. Maximum Building Height.
i. Main building: 30 feet;
ii. Accessory buildings: 24 feet.
2. Single -Family Detached - Five (SFD-5).
a. Minimum lot area: 2,730 square feet.
b. Minimum lot width: 40 feet.
c. Building footprint coverage: 55 percent.
d. Minimum Yard Setbacks.
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i. Front: 10 feet to porch, 15 feet to residence, 18 feet to garage;
ii. Side, interior: three feet;
iii. Side, street: six feet;
iv. Rear: 10 feet;
v. Accessory structures and alley -loaded garages shall meet all the required
setbacks of the zone with the exception that the rear yard setback may be reduced
to five feet.
e. Maximum Building Height.
i. Main building: 30 feet;
ii. Accessory buildings: 24 feet.
3. Multifamily or Small Lot Detached -One (MFA-1).
a. Minimum lot area: 2,400 square feet.
b. Minimum site area per dwelling unit: 2,400 square feet.
c. Minimum lot width: 35 feet if detached; 20 feet if attached.
d. Building footprint coverage: 60 percent.
e. Minimum Yard Setbacks.
i. Front: 10 feet to porch, 15 feet to residence, 18 feet to garage;
ii. Side, interior: five feet, except zero feet when attached and three feet if
detached single-family;
iii. Side, street: 10 feet or six feet if detached single-family;
iv. Rear: 10 feet;
v. Accessory structures and alley -loaded garages shall meet all the required
setbacks of the zone with the exception that the rear yard setback may be reduced
to five feet.
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f. Maximum Building Height.
i. Main building: 30 feet;
ii. Accessory buildings: 24 feet.
C. High Density. The high density planning areas are those with a permitted density of 12 to 19
dwelling units per acre. Within these planning areas, the following development standards
apply:
1. Multifamily- Two (MFA-2).
a. Minimum lot area: 1,800 square feet.
b. Minimum site area per dwelling unit: 1,800 square feet.
c. Minimum lot width: 20 feet.
d. Building footprint coverage: 60 percent.
e. Minimum Yard Setbacks.
i. Front: 10 feet to porch, 15 feet to residence, 18 feet to garage;
ii. Side, interior: five feet, except zero feet when attached;
iii. Side, street: 10 feet;
iv. Rear: 10 feet;
v. Accessory structures and alley -loaded garages shall meet all the required
setbacks of the zone with the exception that the rear yard setback may be reduced
to five feet.
f. Maximum Building Height.
i. Main building: 30 feet;
ii. Accessory buildings: 24 feet.
D. Public. As required by Chapter 18.40 ACC, P-1 Public Use District.
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 15 of 32
E. Commercial. As required by Chapter 18.26 ACC, Light Commercial District, except that the
required setbacks from streets may be averaged and that multifamily units shall be permitted
outright. The number and location of multifamily units shall be governed by ACC 18.76.170(A).
F. No recreational vehicle (RV) parking spaces will be required for multifamily complexes if
there are perpetual restrictive covenants or a similar instrument recorded against the property
that do not allow recreational vehicles to be parked in a multifamily complex. The language of
the restrictive covenants precluding the RVs shall be approved by the city of Auburn and shall
be recorded by the applicant prior to any certificates of occupancy issued by the city of Auburn
for the subject multifamily structure. An original recorded copy shall be provided to the city of
Auburn. Any subsequent amendments to the approved covenants regarding RV parking must
be approved by the city of Auburn and recorded. Any recreational vehicles within a multifamily
complex that are in violation of this covenant shall be considered a violation of this title and will
be subject to the provisions of Chapter 1.25 ACC, Civil Penalties for Violations. The
owner/manager and/or homeowners' association responsible for the multifamily complex will
be the party responsible for complying with Chapter 1.25 ACC. (Ord. 5777 § 1, 2003; Ord. 5534 § 1,
2001; Ord. 5397 § 1, 2000; Ord. 5364 § 1, 2000; Ord. 5092 § 1, 1998.)
18.76.070 Design requirements.
A. Open Space. The Lakeland Hills South PUD will provide a minimum of 153 acres of open
space in addition to public parks requirements. The open space is shown on the official
Lakeland plan map.
B. PUD Perimeters. Setbacks from the perimeter of the PUD shall correspond to the
requirements of the adjoining zoning districts. The city may determine a reduced setback is
sufficient due to the use of natural topography, earth berms, existing and proposed foliage, and
other features such as roadways, wetlands or natural waterways that would otherwise provide
sufficient buffering of adjoining parcels. Sight distance conflicts shall be avoided for motorized
and nonmotorized traffic.
C. Pedestrian Movement. A planning area shall provide public pedestrian access, which may
require appropriate easements, to parks, schools or uses that may attract a significant number
of pedestrians. Sidewalks or pedestrian ways must connect the required pedestrian system to
existing pedestrian systems on adjacent developments if adequate safety and security, which
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 16 of 32
may include lighting, can be maintained. Convenient, barrier free, pedestrian access to transit
stops, when applicable, shall be provided.
D. Architectural Design Guidelines. The purpose of this section is to provide design guidelines
that will be utilized to insure the creation of high quality development that is internally
consistent and harmonious throughout the PUD. The following design guidelines are suggested
as a means to create a high quality, pedestrian -oriented community.
1. All residential buildings shall be designed and constructed to minimize visual intrusions
into windows and private spaces of adjoining developments.
2. Within single-family planning areas, all buildings shall be designed and constructed
consistent with approvals granted pursuant to the Auburn City Code.
3. Multifamily buildings within the moderate density planning areas shall incorporate
design elements that are reflective of single-family housing. These design elements may
include the use of pitched roof systems, limits on length of buildings and building massing,
a limited number of entrances as viewed from any particular elevation, varied setbacks to
avoid massing of buildings along setback lines of arterial and collector streets, and a
combination of landscaping and fences within setbacks to create private space.
4. Multifamily buildings within the high density planning areas shall also incorporate
design elements such as roof treatments and building articulation intended to minimize
building mass to insure compatibility with adjoining lower density development, parking
shall be clustered in locations that minimize visibility from public streets, or screened with
berms and landscaping, solid waste and outdoor storage facilities shall be limited to
enclosures that are architecturally compatible with the primary building, and pool and
recreation areas shall be located away from property lines of adjoining lower density
residential development.
5. Buildings located along the Lakeland Hills Parkway linear park or which front other
public parks shall incorporate landscape features that compliment the design of the public
park, in accordance with the approved master landscaping plan referenced in ACC
18.76.075.
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6. Prior to or concurrent with the submittal of a commercial or nonresidential site plan, a
design plan that incorporates the following elements shall be submitted to the planning
director for review and approval:
a. A consistent design theme compatible with the balance of the PUD.
b. Exterior facades shall be softened by modulation, landscaping adjacent to
buildings, and varied roof lines.
c. Buildings on the pads shall be designed to be compatible with the design of the
commercial structure.
d. Rooftop equipment visible from adjoining development shall be designed such that
it appears as an architectural feature and similar to the building with regard to color
and/or texture. The equipment shall be arranged or screened in a manner to minimize
visibility from adjoining development or public rights -of -way.
e. One or more buildings, such as buildings on pads, should be located adjacent to
the street frontage with parking located to the "rear" of the building.
f. Truck loading areas should be screened from adjacent properties and streets.
g. Trash disposal areas should be enclosed.
E. Fences. Fences shall comply with the regulations of Chapter 18.31 ACC except on those lots
that have two street frontages and abut Lakeland Hills Way, Evergreen Way, Lakeland Hills
Loop, 62nd Street SE, Lakeland Hills Parkway or other future arterial streets. In such cases a
six -foot -high fence may then encroach into the yard setback abutting the aforementioned
streets subject to the following: if a six -foot -high fence is proposed, it must be for all or a
majority of the street frontage the subject lots abut. Individual six -foot -high fences on
independent lots will not be permitted in the required setback area. A five-foot width of
landscaping is required between the fence and the back edge of the abutting sidewalk. The
homeowners' association shall perpetually maintain the fence and the landscaping and the
developer shall provide evidence of such perpetual maintenance. The fence and landscaping
shall be installed prior to the occupancy of the home on the associated lot. The planning
director shall approve of the fence material, landscaping and evidence of the homeowner's
maintenance.
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All fences shall be consistent with the sight distance requirements contained in Section 2.14,
Intersection Design Elements of the Design and Construction Standards Manual, as may be
amended. (Ord. 5777 § 1, 2003; Ord. 5364 § 1, 2000; Ord. 5092 § 1, 1998.)
18.76.075 Landscaping and screening requirements.
A. Within 120 days of the effective date of the ordinance codified in this chapter, a master
landscape plan shall be submitted to the city planning director for review and approval. The
master landscape plan shall designate the scope of the plan, plat material references, types of
landscaping including screens and buffers, and regulations by planning area.
B. The purpose and goal of the master landscape plan is to achieve a harmonious and
consistent appearance within the PUD area, including that of a well -planned residential area
and a theme that carries into the nonresidential areas. Consideration of transitional areas and
boundaries between different uses will be important. The city of Auburn landscape code shall
be used as a guideline in the development of the plan, although ACC 18.50.060(L) shall not
apply.
C. Until the master landscape plan in subsection A of this section is approved by the city
planning director, the city of Auburn landscape code (excluding ACC 18.50.060(L)) shall apply to
new development applications submitted to the city. The city planning director may approve
variances from the code for specific submittals. (Ord. 5092 § 1, 1998.)
18.76.077 Sign requirements.
A. Within 120 days of the effective date of the ordinance codified in this chapter, a master sign
plan must be submitted to the city planning director for review and approval. The master sign
plan shall designate the location and design elements, the use of common elements, the size
and scale of each type of sign, and the quality of materials to be used. The master sign plan
shall include the design elements intended for various monuments, including major entrance
monuments planned for major intersections, which may be similar in size and scale to the
major entrance monuments located at the intersection of Lakeland Hills Boulevard and A
Street, and secondary entrance monuments similar in size and scale to that planned for
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Lakeland Hills Way and Evergreen Way. The sign on the monuments shall be designed in
accordance with Chapter 18.56 ACC, however, the size of monument signs shall be governed by
the master sign plan. In addition, the master sign plan shall include the typical uses and
approximate location of temporary directional signs, model home signs, and A -boards.
B. Except as modified by this section, the requirements of Chapter 18.56 ACC shall be
applicable throughout the PUD until such time as the city approves the master sign plan. Upon
approval of a master sign plan, it shall control. Within each preliminary plat or site plan within
the single-family, moderate density, and high density planning areas, the following signs shall
also be permitted outright:
1. On -site directional signs.
2. Model home signs.
3. Monument signs at all plat entrances.
C. The signs referenced in subsection B of this section shall be designed and constructed
consistent with the examples shown on Exhibit D, attached to Ordinance No. 5092, and of the
size and scale of similar signs constructed within the King County portion of Auburn. In
addition, entrance monument signs shall be designed and constructed to be low in scale and
set in a landscaped bed. Monument signs shall be located on property that is held in common
by the homeowners' association, and the homeowners' association shall be responsible for
maintenance of the sign and landscaping on a private easement.
D. Within the commercial and nonresidential planning areas, signs shall be subject to Chapter
18.56 ACC except as follows:
1. Commercial areas within the PUD shall be limited to one pylon sign within each parcel.
All other signs shall be monument style or wall mounted.
2. Nonresidential development within the PUD shall be limited to monument or wall
mounted signs, except in subsection (D)(1) of this section.
3. Prior to or concurrent with the submittal of a site plan for development within a
nonresidential area, a commercial sign master plan must be submitted to the planning
director for review and approval. The commercial sign master plan shall include a
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coordinated sign theme that is compatible with surrounding development. (Ord. 5092 § 1,
1998.)
18.76.080 Public infrastructure requirements.
The applicant for the PUD must provide all necessary public facilities to include, as a minimum,
the following:
A. Dedication of Public Utilities. Public utilities being provided by the city must be dedicated to
the city unless allowed to be private by the city.
B. Water, Sewer and Drainage Facilities. All water, sanitary sewer and drainage facilities must be
constructed and installed in accordance with applicable city codes and standards, including
design criteria, construction specifications, operational criteria, and approved engineering
submittals.
C. Underground Facilities. All public utilities must be placed underground except those that by
their nature must be on or above ground, such as streets, fire hydrants, power vaults,
telephone pedestals and open watercourses. The applicant is responsible for making the
necessary arrangements with the appropriate entities for the installation of such services.
D. Streets.
1. All streets must be constructed to the city's standards. Variations from minimum
standards for pavement and right-of-way widths or other dimensional or construction
standards may be permitted when special design features of the PUD or topographic
considerations warrant the variation. The applicant must submit a written justification for
any proposed variation along with evidence that the minimal functional requirements of
the proposed street improvements are being met. The city engineer shall review the
proposed variation and shall determine if the minimal functional requirements are being
met and shall make a recommendation to the city council whether the variation should be
approved. The city council shall act upon the request and may require conditions of
approval to ensure the minimal functional requirements are being met.
2. Private streets maybe permitted within the PUD, provided they meet the following
criteria:
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a. Use of the private street is limited to those accessing property within the planning
area or immediately adjacent to the planning area and is not needed by non-PUD
residents to travel from one public street to another. The design of the private street
shall be such that it will discourage any through traffic that is not related to the
planning area itself.
b. The minimum pavement width for private streets shall be 28 feet; provided, that
on -street parking is allowed only on one side of the street or 20 feet for alleys. The
roadway section pavement depth for asphalt, crushed rock, and gravel base and the
material specifications of these materials shall be the same as Auburn standards for
public streets. Additional width may be required if determined to be needed to provide
adequate circulation for the residents of the PUD. Factors to be considered include but
are not limited to providing emergency equipment access, preventing conflicts
between pedestrians and vehicle traffic, on -street parking, number of units, the need
for sidewalks and bike paths. The pavement width and construction standards, to
include but not limited to, illumination, signing, storm drainage, curbs, gutters,
channelization, e.g., shall be determined by the city engineer at the time of preliminary
plat or site plan approval. Private streets and/or access tracts and shared driveways
that provide a second or additional access to lots/units shall be constructed to
standards, as determined by the city engineer, considered to be appropriate for the
situation. Factors to be considered include the number of units served, emergency
access and traffic circulation.
c. All sites served by a private street greater than 600 feet in length shall have at least
two access connections to a public street and provide for adequate emergency
equipment access.
d. A legally incorporated property owners' association assumes the responsibility and
cost to repair and maintain the proposed private streets. If the association fails to
maintain the street, the by-laws of the association give the city the right to maintain the
street and charge the cost of the maintenance, including any administrative costs, to
the association members.
e. The by-laws establishing the association must state that if future owners should
request that private streets be changed to public streets, then the owners fully agree
that, before acceptance of such streets by the city, the owners will bear full expense of
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reconstruction or any other action necessary to make the streets substantially
consistent to the requirements of public streets, applicable at that time. (Ord. 6532 § 31,
2014; Ord. 5092 § 1, 1998.)
18.76.090 Application for approval of major amendment to the PUD.
A. Pre -Application Conference Recommended. Prior to filing an application for a major
amendment to the PUD, it is recommended that the applicant sattend a pre -application
conference with the planning director and other interested department heads, or their
designees, regarding the proposed development. The conference attendees will shall review
the general outlines of the proposal, evidenced schematically by sketch plans and other
documents provided by the applicant. The applicant sha44will receive suggestions and
recommendations generated by the conference along with forms and guidelines for preparing
the PUD application.
B. Application Procedure. Pel'�rrt a pre applicatip_p ",Applicants must provide the
planning director seven copies of the following:
1. Application. Forms provided by the department that ask the applicant for the following
information:
a. The name of the proposed PUD or planning area and a general description of the
proposed development requiring the major amendment, including descriptions of
buildings, and other site improvements;
b. A proposed schedule that includes submittal of the site plan, preliminary plat,
proposed phased developments, if any, and target dates for starting construction;
c. Proposed land uses including the type and amount or densities;
d. Number and types of dwelling units in the proposed development requiring the
major amendment;
e. Total amount of open spaces, the designated or proposed use, and the amount of
open space designated for public and private use;
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f. Plans for the perpetual maintenance and preservation of private spaces and private
streets;
g. Any requests for modifications to the street construction standards of the land
division ordinance including substantiating information as to why the modifications are
necessary;
h. The gross acreage of the PUD or planning area, the net usable acreage, and the
acreage of any nonbuildable areas;
i. The name and address of the applicant. All land within the PUD or planning area
shall be under the ownership of the applicant. Applicants are defined as an individual,
partnership, corporation, or groups of individuals, partnerships or corporations; and
j. The name, address, stamp and signature of the professional engineer, professional
architect or professional land surveyor who prepared the site plan.
2. Environmental Checklist. Form and instructions provided by the Department in
accordance with Chapter 16.06 ACC, Environmental Review Procedures.
3. Conceptual Design of Public Facilities. Preliminary engineering plans and studies that
include the following:
a. A general description and location of the proposed improvements necessary to
properly handle the potable water, sanitary sewer, storm water drainage and other
service needs within and adjacent to the proposed PUD.
b. In addition, for any major amendment to the PUD, the following:
i. Anticipated demand capacities for the proposed water distribution, storm
drainage and sanitary sewage systems.
ii. The estimated, tentative horizontal and vertical alignment of all proposed
streets and sidewalks and the estimated grade of any trails.
4. Site Plan.
a. Preparation. The site plan may be prepared by a professional engineer, architect or
professional land surveyor registered or licensed by the state of Washington. They
shall prepare and, by placing their signature and stamp upon the face of the planning
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 24 of 32
documents, certify that all information is portrayed accurately and that the proposed
PUD complies with applicable standards and regulations.
b. Scale and Format. The site plan shall be drawn with reproducible black ink on mylar
or similar material. All geographic information portrayed by the plan shall be accurate,
legible, and drawn to an engineering (decimal) scale. The horizontal scale of a plan
shall be 100 feet or fewer to the inch, except that the location sketch and typical street
cross sections may be drawn to any other appropriate scale. The site plan shall be 24
inches by 36 inches in size. Each sheet shall be numbered consecutively. An index
sheet orienting the other sheets shall be provided. If necessary, the planning director
may authorize a different sheet size or scale.
c. Contents. The site plan must include each of the following:
i. Vicinity Map. A vicinity map sufficient to define the location and boundaries of
the proposed PUD relative to surrounding property, streets and other major
manmade and natural features.
ii. Existing Geographic Features. Except as otherwise specified, the following
existing geographic features shall be drawn lightly in relation to proposed
geographic features and developments:
(A) All existing property lines lying within the proposed PUD and all existing
property lines lying within 100 feet of the PUD.
(B) The location of all existing streets within the PUD, both public or private,
including the right-of-way widths, pavement widths and the names.
(C) Existing water features such as rivers, creeks, ponds, wetlands, storm
water detention basins, watercourses, floodplains and areas subject to
inundation or storm water overflow.
(D) Existing contour lines at intervals of five feet for average slopes exceeding
five percent or at intervals of one foot for average slopes not exceeding five
percent. Contour lines shall be labeled at intervals not to exceed two feet and
shall be based upon city datum, e.g., NGVD.
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 25 of 32
(E) Location of any existing structures lying within the proposed PUD. Existing
structures to be removed shall be indicated by broken lines, and existing
structures not to be removed shall be indicated by solid lines
iii. Proposed Improvements. The following proposed geographic features shall be
shown:
(A) The location of any public or private streets and/or storm drainage
facilities.
(B) The general location of the types of uses or densities and general
distribution of lot types.
(C) The boundaries, dimensions and area of public park and common open
space areas.
(D) Identification of all areas proposed to be dedicated for public use,
together with the purpose and any conditions of dedication.
(E) Conceptual plans for pedestrian and bicycle circulation systems.
(F) The treatment proposed for the periphery of the site including setbacks,
fencing, the approximate amount, location, and type of any landscaping. (Ord.
5092 § 1, 1998.)
18.76.100 Phased developments.
A. The applicant may propose a phased development.
B. Any phases being developed in the Lakeland Hills South PUD require a description of each
phase, including the size, uses or densities and schedule for implementing each phase and
corresponding public services. Phased sequences and intervals between scheduled phases
become a condition of the PUD approval.
C. Each phase must be able to stand on its own without reliance upon development of
subsequent phases. (Ord. 5092 § 1, 1998.)
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 26 of 32
18.76.110 Concurrence with subdivision regulations.
A. A preliminary plat maybe processed concurrently with a major amendment to the PUD or a
site plan. A preliminary plat must be submitted in accordance with ACC Title 17.
B. Approval of a major amendment to the PUD or a preliminary plat application may allow for
the modification of the subdivision construction standards and specifications of Chapter 17.12
ACC. If modifications are proposed the request must be made part of the major amendment or
preliminary plat application. The applicant must also provide substantiating evidence as to why
the modifications are necessary. (Ord. 5092 § 1, 1998.)
18.76.120 Administrative review of major amendments.
A. The planning director shall forward the major amendment to the PUD application and/or
preliminary plat or site plan application, together with copies of any appropriate accompanying
documents, to the director of public works. The director of public works shall review the
application(s) as to the adequacy of the proposed means of sewage disposal and water supply;
the conformance of the proposal to any plans, policies or regulations pertaining to streets,
storm drainage or utilities; and regarding any other issues related to the interests and
responsibilities of the department of public works.
B. The planning director shall solicit the comments of any other appropriate city department,
local utility provider, local school district, and any other appropriate public or private entity,
concerning the proposed major amendment to the PUD. For a major amendment to the PUD or
a PUD processed simultaneously with a preliminary plat, comments received in a timely
manner, as well as any written comments received in response to a notice of public hearing,
shall either be transmitted to the hearing examiner or incorporated into a report prepared by
the planning director and submitted to the hearing examiner, prior to the scheduled public
hearing.
C. The planning director shall approve the site plan if it conforms to the approved PUD, the
submittal requirements of ACC 18.76.160(A), 18.76.060, and other applicable standards. (Ord.
5092 § 1, 1998.)
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 27 of 32
18.76.130 Hearing examiner review.
Pursuant to the provisions of Chapter 2.46 ACC the hearing examiner shall conduct a public
hearing on all requests for a major amendment to a PUD. The examiner's decision shall be in
the form of a recommendation to the city council. (Ord. 6442 § 29, 2012; Ord. 5092 § 1, 1998.)
18.76.140 Findings of fact.
Applications for a major amendment to a PUD shall only be approved if sufficient findings of
facts are drawn to support the following:
A. Adequate provisions are made for the public health, safety and general welfare and for
open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds, or sites for schools.
B. The proposed major amendment to the PUD is in accordance with the goals, policies and
objectives of the comprehensive plan.
C. The major amendment is consistent with the purpose of this chapter, ACC 18.76.010,
provides for the public benefits required of the development of PUDs and does not result in
only increasing the number of units that would otherwise be attained through a development
using the existing zoning and subdivisions standards.
D. The proposed major amendment to the PUD conforms to the general purposes of other
applicable policies or plans which have been adopted by the city council.
E. The approval of the major amendment will have no more of an adverse impact upon the
surrounding area than the approved Lakeland Hills South PUD as shown on the official
Lakeland plan map. (Ord. 5092 § 1, 1998.)
18.76.150 City council action.
A. The city council may affirm, modify, or disaffirm the recommendations of the hearing
examiner in accordance with ACC 2.46.170.
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 28 of 32
B. The majority of the city council shall instruct the city attorney to prepare an ordinance
reflecting its decision. The ordinance shall include formal findings of fact and conclusions
supporting the decision. If the decision is for approval with conditions, the conditions shall be
specified in the ordinance. The ordinance shall be recorded in accordance with ACC 18.68.060.
(Ord. 5092 § 1, 1998.)
18.76.160 Site plan approval.
A. Pre -Application Conference Recommended. Prior to filing an application for a site plan
approval, it is recommended thatth-e applicantrhalf attend a pre -application conference with
the planning director and other interested department heads, or their designees, regarding the
proposed development. The conference attendees willshall review the general outlines of the
proposal, evidenced schematically by sketch plans and other documents provided by the
applicant. The applicant will shall receive suggestions and recommendations generated by the
conference along with forms and guidelines for preparing the site plan application.
B. An application shall be required for the site plan approval of any portions of a planning area
except for those designed for detached single-family lots and shall include the following:
1. The ordinance approving the PUD, if previously done.
2. A site plan which shall illustrate the following:
a. Vicinity map;
b. Boundaries and dimensions of the PUD;
c. If partial approval, illustrate the proposal within the boundaries of the entire PUD;
d. Illustrate previous site plan approvals that may have occurred within the PUD;
e. Acreage of proposal;
f. Rights -of -way location and widths, the proposed name of each street or alley and
whether the right-of-way will be dedicated as public or remain private. The designation
of any fire lanes. Where final street grades are likely to exceed 10 percent in elevation
and the estimated tentative grades of such streets;
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 29 of 32
g. Adjacent public streets;
h. Easements, existing and proposed including its purpose;
i. Location and size of all existing and proposed utilities including sanitary sewer,
storm drainage, and water lines lying within or adjacent to the PUD or the phase of the
PUD as appropriate;
j. Typical street cross section(s) including any pedestrian facilities;
k. Location of uses;
I. 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, around the perimeter of the PUD or phase of the PUD,
as appropriate, and an indication of their height and materials;
o. Location of any storage areas or refuse containers;
p. Location and size of signs;
q. Landscaping plan - conceptual;
r. Indication of height of buildings;
s. Proposed architectural treatment of structures;
t. Any covenants not previously approved;
u. Proposed final contour lines at intervals of five feet for average slopes exceeding
five percent, or at intervals of two feet for average slopes not exceeding five percent.
Final contours shall be indicated by solid lines (existing contours which are to be
altered shall be shown by broken lines). Contour lines shall be labeled at intervals not
to exceed 20 feet and shall be based upon city datum, e.g., NGVD. Contour lines
around proposed geographic features shall be drawn tightly around the proposed
features;
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 30 of 32
v. The site plan shall illustrate a north arrow, 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 mylar, or similar material, and seven
copies of the site plan shall be submitted at the time of application. An alternative scale
sheet size may be approved by the planning director;
w. The planning director may require the submittal of additional information in order
to thoroughly evaluate the site plan.
3. The site plan application shall be accompanied by a current (within 30 days) title report
which contains:
a. The legal description of the total parcel sought for final site plan approval.
b. Those individuals or corporations holding an ownership interest in said parcel all of
which shall sign the application for final site plan approval.
c. Any easements or restrictions affecting the property with a description of its
purpose and referenced by an auditor's file number and/or recording number.
4. A signed certification that the site plan has been made with the free consent, and in
accordance with the desire of the owner or owners.
C. A site plan shall be reviewed in accordance with the provisions of ACC 18.76.120. The site
plan shall only be approved if it is found to be consistent with and implements the provisions of
the PUD and meets the submittal requirements of subsection A of this section. If necessary
conditions of approval may be imposed to ensure consistency with the approved PUD. (Ord.
5092 § 1, 1998.)
18.76.170 Adjustments to the PUD.
A. The planning director may approve minor adjustments to the approved PUD. Minor
adjustments are defined as changes that do not affect permitted densities within a planning
area, basic character or conditions of the approved PUD or planning area. Adjustments are
considered minor so long as they do not increase or decrease the perimeter boundaries of a
planning area or the number of units indicated for that planning area as shown on the official
Lakeland plan map by more than 10 percent. School sites identified in a PUD may be adjusted
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 31 of 32
as a minor amendment by condemnation or in accordance with an agreement executed by the
appropriate school district(s) and the applicant; provided, that if the director determines that
adjustment of schools would create significant park impacts or infrastructure requirements,
they may process the amendment as a major amendment.
Transferring multifamily units into the commercial area at the southwest corner of Lakeland
Hills Way and the Lake Tapps Parkway from a multifamily planning area may be a minor
adjustment. The total number of multifamily units in the commercial area cannot exceed 100.
Minor adjustments approved by the planning director must be in writing within 15 working
days of submittal of the application. The planning director must forward copies of the approved
adjustment to appropriate department heads and the applicant. The applicant may appeal the
director's decision pursuant to ACC 18.70.050. If a minor amendment is approved which affects
the official Lakeland plan map, the map shall be revised. The director shall keep the current
map on file.
B. Adjustments that are not minor as defined in subsection A of this section are considered
major amendments and will be processed in the same manner as a new PUD application. If a
major amendment affecting the official Lakeland plan map is approved, the map and Exhibit B,
attached to Ordinance No. 5092, shall be amended to reflect the change. If a major amendment
changing conditions of approval is adopted, Exhibit A, attached to Ordinance No. 5092, shall be
amended to reflect the change.
C. Any change in the exterior boundaries of the PUD or an increase in the total permitted
dwelling units above 3,408 shall require a rezone.
D. The following approvals require a comprehensive plan amendment:
1. An increase in the total number of permitted dwelling units above 3,408.
2. An increase in the permitted number of high density multifamily dwelling units (i.e.,
more than 850 units).
3. An increase in the acreage permitted for light commercial development (i.e., more than
20 acres).
4. A major amendment to the external boundaries of the medium density or high density
planning areas.
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Chapter 18.76 ACC, Planned Unit Development District (PUD) - Lakeland Hills South Page 32 of 32
5. A reduction in required open space (i.e., below 153 acres). (Ord. 5397 § 1, 2000; Ord. 5092
§ 1, 1998.)
18.76.180 Property owners' association.
If common open spaces or private streets are deeded to a property owners' association, then
the applicant shall submit a declaration of the covenants and restrictions that create and
govern such an association as part of the site plan or preliminary plat approval. The provisions
must include, but are not limited to, the following:
A. The property owners' association must be established prior to the final plat approval or the
approval of any occupancy permit related to the site plan.
B. Membership must be mandatory for each property owner affected by the common space or
private street and any successive buyer.
C. The association assumes responsibility for liability insurance, local taxes, and the
maintenance of common open spaces, private streets, recreational and other communally
owned facilities. A financial plan shall also be submitted that outlines the anticipated expenses
and revenues needed to implement the plan over a minimum of a 10-year period.
D. Members must pay a pro rata share of the association's cost; the assessment levied by the
association can become a lien on the property. The association must be able to adjust its
assessment fees relative to changed needs and conditions. (Ord. 5092 § 1, 1998.)
The Auburn City Code is current through Ordinance 6940, passed April 15, 2024.
Disclaimer: The city clerk's office has the official version of the Auburn City Code. Users should
contact the city clerk's office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Hosted by Code Publishing Company, A General Code Company.
The Auburn City Code is current through Ordinance 6940, passed April 15, 2024.
Page 130 of 165
CITY OF
AtiBURN
AGENDA BILL APPROVAL FORM
t WASHIINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5795 (Laub) November 4, 2024
A Resolution authorizing the Mayor to execute an Interlocal Agreement
between the City of Auburn and the City of Sumner relating to the City of
Sumner's Stewart Road Bridge Project
(RECOMMENDED ACTION: Move to adopt Resolution No. 5795.)
Department: Attachments: Budget Impact:
Public Works Resolution No. 5795, Exhibit A, $150,000.00
Vicinity Map
Administrative Recommendation:
City Council to adopt Resolution No. 5795.
Background for Motion:
This Resolution authorizes a local agency agreement with the City of Sumner, for the City of Auburn
to contribute funding towards the City of Sumner's Stewart Road Bridge Project, in the amount of
$150,000.00. The project construction is planned to start in early 2025 and widen the Stewart Road
Bridge over the White River, improving freeway access from Auburn through Sumner and reducing
traffic congestion on Auburn's streets.
Background Summary:
Resolution No. 5795 authorizes the Mayor to enter into a local agency agreement with the City of
Sumner for the City of Auburn to contribute funding towards the City of Sumner's Stewart Road
Bridge Project in the amount of $150,000.00.
The City of Sumner is constructing improvements to the Stewart Road Bridge crossing over the White
River that will provide additional roadway capacity and pedestrian facilities. The project provides
benefit to Auburn as the increased roadway capacity of Stewart Road will carry vehicles that would
have otherwise used Auburn roadways specifically in the area of Lakeland Hills. In addition, Auburn
residents utilize Stewart Road through Sumner for access to SR 167 and Jovita Boulevard. Auburn's
Transportation Improvement Program (TIP), previously approved by the Auburn City Council includes
the Sumner project with Auburn providing Project funding in the amount of $150,000.00, which is
available to fund the project from traffic mitigation fees collected in portions of Lakeland Hills. Budget
Amendment No. 6 will include a request for those funds to be assigned to the Sumner project in
accordance with the resolution and interlocal agreement.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 131 of 165
Page 132 of 165
RESOLUTION NO. 5795
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE CITY OF SUMNER RELATING
TO THE CITY OF SUMNER'S STEWART ROAD BRIDGE
PROJECT
WHEREAS, the City of Sumner ("Sumner") is constructing improvements to the Stewart
Road Bridge over the White River (Project); and
WHERAS, the Project provides benefit to the City of Auburn ("Auburn") as the increased
roadway capacity of Stewart Road will carry vehicles that would have otherwise used
Auburn roadways and Auburn residents utilize Stewart Road for access to SR 167 and
Jovita Boulevard; and
WHERAS, Auburn's Transportation Improvement Program ("TIP") includes the Project
with Auburn providing Project funding in the amount of $150,000.00-1 and
WHERAS, Auburn has evaluated and determined it is in Auburn's best interest to
negotiate an interlocal agreement ("ILA") with Sumner and Auburn agrees to contribute
$150,000.00 to the Project; and
WHEREAS, pursuant to RCW 35A.21.150, Sumner and Auburn ("the Parties") each have
the legal authority to maintain a transportation system; and
WHEREAS, the Parties are authorized to undertake joint and cooperative action pursuant
to RCW 35A.11.040 and Chapter 39.34 RCW.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Interlocal Agreement with the
City of Sumner related to the City of Sumner's Stewart Road Bridge Project, which
Agreement will be in substantial conformity with the Agreement attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Resolution No. 5795
October 9, 2024
Page 1 of 2
Rev. 2018
Page 133 of 165
Section 3
signatures.
This Resolution will take effect and be in full force on passage and
Dated and Signed this day of )2024.
ATTEST:
Shawn Campbell, MMC, City Clerk
Resolution No. 5795
October 9, 2024
Page 2 of 2
CITY OF AUBURN
NANCY BACKUS, MAYOR
APPROVED AS TO FORM:
Jason Whalen, City Attorney
Rev. 2018
Page 134 of 165
Resolution 5795. Exhibit A
Return to:
City of Sumner City Clerk
1104 Maple Street
Sumner, WA 98390
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SUMNER AND THE CITY OF AUBURN
FOR FUNDING SUPPORT FOR CONSTRUCTION
OF THE STEWART ROAD BRIDGE
THIS AGREEMENT, made pursuant to RCW Chapter 39.34, the Interlocal
Cooperation Act, is entered into by and between the City of Sumner ("Sumner") and the City of
Auburn ("Auburn"), both municipal corporations of the State of Washington (together referred to
as the "Parties"), for the purpose of replacing and widening the Stewart Road Bridge
("Agreement").
WHEREAS, The Stewart Road corridor provides an important transportation link
between Sumner, Bonney Lake, Auburn, and three highways: West Valley, East Valley, and SR
167; and
WHEREAS, Pierce County and the cities of Auburn, Sumner, and Pacific have agreed to
forge a cooperative approach to the development and improvement of the Stewart Road corridor
due to its importance to each jurisdiction; and
WHEREAS. The existing Stewart Road bridge over the White River is the final portion
of unimproved roadway in the middle of the three -mile -long corridor. The bridge is considered
"functionally obsolete" and is operating at overcapacity due to the increasing traffic volumes
using the corridor. Replacing this bridge is vital to providing the transportation infrastructure
needed by residents and serves the public's interest to commute and travel; and
WHEREAS, the City of Auburn pledged and budgeted a $150,000.00 contribution to
Sumner's bridge replacement project (the "Funds") in recognition that the Stewart Road Bridge
is a crucial piece of infrastructure for Auburn's Lakeland Hills neighborhoods; and
WHEREAS, the City of Sumner has acquired the right of way and has secured funding
commitments from various state, county, and local sources for the Project but is relying upon
Auburn's funding pledge as part of the necessary construction funds; and
WHEREAS, the Interlocal Cooperation Act, Chapter RCW 39.34, authorizes the Parties
to enter into this Agreement for the purposes set forth herein.
Sumner -Auburn Interlocal. Agreement
Stewart Road Corridor Improvements Page 1 of 5
Page 135 of 165
Resolution 5795. Exhibit A
WITNESSETH
NOW, THEREFORE, in consideration of the terms, conditions, mutual covenants and
performance contained herein or attached and made part hereof, the Parties hereto agree as follows:
AGREEMENT
SECTION 1. SUMNER RESPONSIBILITIES
The scope of work for this Agreement is the construction of a new Stewart Road Bridge.
The Stewart Road Bridge lies completely within the City of Sumner. As such, Sumner shall be
solely responsible for the removal and replacement of the existing 2-lane bridge over the White
River at Stewart Road. The new bridge will accommodate four lanes of traffic and a separated
shared use path on the north side of the roadway. Adjacent intersections at Butte Avenue and
140th Street Court East will be modified to accommodate the new roadway grade and lane
configurations (collectively, the "Project"). Sumner shall retain sole decision -making,
permitting authority, supervision, and inspection authority over all aspects and management of
the Project.
SECTION 2. PROJECT SCHEDULE
• Bid Opening: October 2024
• Estimated Construction Start: 2025
• Estimate Construction Completion: 2028
SECTION 3. AUBURN'S RESPONSIBILITIES
Subject to the terms and conditions of the Agreement set forth herein, Auburn agrees to
make a one-time payment to the City of Sumner of $150,000.00 for the White River Bridge
Replacement Project (the "Funds"). Payment of the Funds will be made pursuant to this signed
Agreement, and within 45 days of the execution of this Agreement by the Parties, the execution of
which is contingent upon final approval of the terms and conditions of this Agreement by
Resolution of the Auburn City Council. At Auburn's discretion, payment of the Funds shall be
made by check, ACH transfer, or by wire. If paying by check, it should be to "City of Sumner"
and sent by post mail to the following address:
Michael Kosa, Director
Public Works Department
City of Sumner
104 Maple Street
Sumner, WA 98930
Instructions for ACH and wire payments are attached as Exhibit A. Sumner shall have full
discretion on use of the Funds for the Stewart Bridge Replacement Project. Upon payment of the
Funds, Auburn will have no further responsibilities regarding the Project or for any future
maintenance and/or operation of the Stewart Road Bridge because of this Agreement. The
Sumner -Auburn InterlocalAgreement
Stewart Road Corridor Improvements Page 2 of 5
Page 136 of 165
Resolution 5795. Exhibit A
Agreement does not create any lien rights or any interest in property or equipment. Auburn makes
no commitment to and is not obligated by this Agreement for any future support of the Project.
SECTION 4. SUMNER ASSURANCES AND FUNDING CONFIRMATION
As of 2024, the total cost for the Project is estimated to be greater than $33 Million. As
consideration for Auburn's payment of the Funds, Sumner warrants that it has the resources and
the funding commitments necessary to complete the Project. Sumner further warrants and
promises that it will not redirect the Funds for any other purpose than completion of the Project.
If Sumner abandons the Project or does not expend all the Funds obligated, it shall refund to
Auburn the portion of Funds unexpended.
Sumner will construct the Project in accordance with public works laws and regulations
including those related to competitive bidding, prevailing wage, retainage, and bonding, and with
the currently adopted Stormwater Design Manual; the Washington State Department of
Transportation (WSDOT) and the American Public Works Association (APWA), Washington
State Chapter, Standard Specifications for Road, Bridge, and Municipal Construction, and
Standard Plans (M21-01) for Road, Bridge and Municipal Construction and the Washington State
Department of Transportation Construction Manual.
SECTION 5. ASSIGNMENT.
Neither Party to this Agreement shall have the right to convey, assign, apportion or
otherwise transfer any and all of its rights, obligations, conditions and interests under this
Agreement, without the prior written approval of the other.
SECTION 6. LEGAL RELATIONS.
A. Independent Governments. The Parties hereto are independent governmental entities,
and nothing herein shall be construed to limit the powers, authority or discretion of the governing
bodies of each. Moreover, nothing herein contained shall be construed as creating a partnership or
joint venture or the relationships of employer and employee, or principal and agent between the
Parties. Sumner shall retain all authority for rendition of services, permitting requirements,
standards of performance, control of personnel, and other matters incident to performance of this
Agreement by Sumner.
B. Third Party Beneficiaries. It is understood and agreed that this Agreement is solely for
the benefit of the Parties hereto and, other than the benefit to the public provided by completion
of the Project, gives no right or cause of action to any other party. No joint venture or partnership
is formed as a result of this Agreement.
SECTION 7. DURATION AND TERMINATION
This Agreement is effective upon execution by both Parties and will automatically
terminate when the terms of this Agreement are complete or upon mutual consent by the Parties.
Sumner -Auburn InterlocalAgreement
Stewart Road Corridor Improvements Page 3 of 5
Page 137 of 165
Resolution 5795. Exhibit A
SECTION 8. INDEMNIFICATION AND DEFENSE
Sumner shall defend, indemnify and save harmless Auburn, its officers, employees, agents
and assigns from any and all costs, claims, judgments, or awards of damages resulting or allegedly
resulting from the acts or omissions of Sumner, its officers, employees, agents or assigns
associated with this Agreement.
Sumner specifically assumes liability for actions brought by its own employees against
Auburn and for that purpose Sumner specifically waives, as respects to Auburn only, any immunity
under the Worker's Compensation Act, RCW Title 51. The parties acknowledge that this waiver
was the subject of mutual negotiation.
SECTION 9. INSURANCE
Summer shall maintain in full force throughout the duration of this Agreement membership
in a municipal self-insurance pool, including evidence of limits of coverages, exclusions, and
limits of liability satisfactory to Auburn.
SECTION 10. WAIVER
No waiver by either of the Parties to this Agreement of any term or condition of this
Agreement shall be deemed or construed to constitute a waiver of any other term or condition or
any subsequent breach, whether of the same or a different provision of this Agreement.
SECTION 11. ENTIRE AGREEMENT
This Agreement contains all of the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement and no prior agreements between the Parties shall be
effective for any purpose.
SECTION 12. AMENDMENT
Provisions within this Agreement may be amended with the mutual consent of the Parties
hereto. No waiver, additions to, or alteration of, the terms of this Agreement shall be valid unless
made in writing, formally approved and executed by duly authorized agents of both Parties.
SECTION 13. SEVERABILITY
If any one or more of the provisions contained in this Agreement are held illegal, invalid,
or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 14. FILING
Copies of this Agreement shall be filed with the Pierce County Auditor after execution of
Sumner -Auburn InterlocalAgreement
Stewart Road Corridor Improvements Page 4 of 5
Page 138 of 165
Resolution 5795. Exhibit A
the Agreement by both Parties.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
this day of , 2024.
CITY OF SUMNER CITY OF AUBURN
an
Kathy Hayden, Mayor
Approved as to Form:
Andrea Marquez
SUMNER CITYATTORNEY
Sumner -Auburn InterlocalAgreement
Stewart Road Corridor Improvements
Nancy Backus, Mayor
Approved as to Form:
Jason Whalen
AUBURN CITY ATTORNEY
Page 5 of 5
Page 139 of 165
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CITY OF
AtiBURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Resolution No. 5796 (Laub) November 4, 2024
A Resolution authorizing the Mayor and City Clerk to execute an Interlocal
Agreement between the City of Auburn and the City of Algona for decant
facilities usage
(RECOMMENDED ACTION: Move to adopt Resolution No. 5796.)
Department: Attachments: Budget Impact:
Public Works Res 5796, Exhibit A
Administrative Recommendation:
City Council to adopt Resolution No. 5796.
Background for Motion:
This agreement will allow Algona to continue to deposit waste material from their street sweeping and
vactor truck operations at the Auburn decant facility for Auburn to process and dispose of the waste
material at a cost to Algona.
Background Summary:
Resolution No. 5796 authorizes an agreement with Algona to continue to use the Auburn decant
facility to dump sweeper and vactor waste material on a space limited basis. Auburn has sufficient
capacity within our facility to provide this service to Algona and has been providing this service for
several years. As part of the agreement, Auburn will provide for the proper handling, processing and
disposal of the waste material at a cost to Algona as set in the agreement.
Councilmember: Tracy Taylor
Staff: Ingrid Gaub
Page 141 of 165
RESOLUTION NO. 5796
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AUBURN AND THE
CITY OF ALGONA FOR DECANT FACILITIES USAGE
WHEREAS, the City of Algona has inadequate facilities to handle the waste
materials produced from their public works street sweeping and vactor maintenance;
WHEREAS, the City of Auburn has sufficient capacity at their decant facility to
handle the Algona waste materials and is willing to provide for the proper handling,
processing and disposal of the City of Algona's street sweeper and vactor truck materials
at a cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Interlocal Agreement between
the City of Auburn and the City of Algona for Decant Facility Usage in substantial
conformity with the Agreement attached hereto as Exhibit "A" and incorporated herein by
this reference.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Resolution No. 5796
October 18, 2024
Page 1 of 2
Rev. 04/24
Page 142 of 165
Section 3
signatures.
This Resolution will take effect and be in full force on passage and
Dated and Signed this day of )2024.
ATTEST:
Shawn Campbell, MMC, City Clerk
Resolution No. 5796
October 18, 2024
Page 2 of 2
CITY OF AUBURN
NANCY BACKUS, MAYOR
APPROVED AS TO FORM:
Jason Whalen, City Attorney
Rev. 04/24
Page 143 of 165
EXHIBIT A
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF ALGONA
AND THE CITY OF AUBURN
FOR DECANT FACILITIES USAGE
THIS AGREEMENT is made and executed by and between the City of Algona, a
Washington municipal corporation, hereafter designated as "Algona," and the City of
Auburn, a Washington municipal corporation, hereafter designated as "Auburn."
WHEREAS, Algona has limited facilities to properly handle the Waste Materials
produced as a result of their Public Works street sweeping and Vactor maintenance
activities; and
WHEREAS, Auburn has sufficient capacity at their decant facility to handle the Algona
Waste Materials.
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act) permits local government
units to cooperate with other government entities on the basis of mutual advantage and
to provide the use of facilities to each other.
NOW, THEREFORE, for the consideration stated in this Agreement, Algona and
Auburn do agree as follows:
1. PURPOSE
The purpose of this Agreement is to provide for proper handling, processing and
disposal of Street Sweeper and Vactor truck materials, herein referred to as "Waste
Materials" generated by Algona.
2. RESPONSIBILITIES
The City of Algona shall deliver Waste Materials to the decant area of the City of Auburn
Maintenance & Operations facility (hereafter, the "Facility"), currently located at 1305 C
Street SW, during the hours of 7:00 am and 3:00 pm. The unloading of the Waste
Materials by Algona at the Facility is to be done under the supervision of an Auburn
employee at the Facility. Algona will only send operators to use the decant facility that
have been properly trained by Auburn on the safe and efficient use of the facility and
dumping of Waste Materials. Algona staff must weigh their truck before and after
dumping waste materials. The weight tickets must be taken to the office so that they can
be recorded for proper billing.
If conditions at the Auburn Facility require, Auburn reserves the right to request Algona
to retain its Waste Materials until such time as the conditions at the Facility allow
Auburn to accept the Waste Materials again. Auburn will give Algona as much advance
CONTRACT FOR DECANT FACILITIES USAGE - ALGONA
Page] of 8
Page 144 of 165
notice of these conditions as is practicable. Auburn further reserves the right to reject
any individual shipment of Waste Materials.
Auburn will provide for the dewatering and the disposal of the Waste Materials in
compliance with all local, state, and federal permits pertaining to the dewatering and
disposal of such Waste Materials.
3. VOLUME
Auburn shall accept from Algona's Waste Materials in the following volumes: not to
exceed 20 tons per month or a total of 150 tons per year as measured at Auburn's truck
scale. Auburn may accept Waste Material from Algona that exceeds these volumes
upon the review of a written request from Algona. All such requests shall be made to
Auburn's Public Works Maintenance and Operations Manager thirty (30) days in
advance of proposed delivery of such additional Waste Materials.
4. COST FOR SERVICES
A. Waste Materials.
Algona shall pay Auburn $100.00 per month base fee for administration costs and $85.00
per ton of Waste Materials for processing, testing and disposal fee (measured as scale
weight) (collectively, the "Cost for Services'.
B. Invoicing and Payment.
Auburn will bill Algona for its Cost of Services on a quarterly basis. Algona shall make
payment to Auburn within thirty (30) days of receipt of an invoice. Auburn reserves the
right to increase its Costs for Services fees in response to increases in labor, disposal,
and regulatory costs. Auburn shall give Algona at least sixty (60) days' advance written
notification of any proposed fee increases.
5. DECANT FACILITY IMPROVEMENTS
Algona recognizes that the capacity of Auburn's Facility is limited and that additional
capacity will need to be provided, as both Cities' waste disposal needs continue to
grow, in order to provide long-term service to Algona.
If Auburn desires to investigate and plan for long-term capacity improvements to the
decant process, including but not limited to improvements to the existing facility,
Auburn shall endeavor to notify Algona and shall endeavor to include Algona in such
investigation and planning, to the extent it is reasonably able to do, in keeping with
Auburn's intended investigation and planning. By way of example only, and not by way
of limitation, Algona and Auburn contemplate that subsequent amendments or
agreements might address the following types of issues: planning, design and
construction costs for potential improvements to the existing Facility or construction of
a new decant facility. The parties agree that Auburn will act as lead entity in the all
aspects of any proposed improvement project. Auburn will consult in advance of any
CONTRACT FOR DECANT FACILITIES USAGE - ALGONA
Page 2 of 8
Page 145 of 165
final decisions with Algona for the purposes of determining Algona's future needs and
Algona's desire to participate in funding for an improved facility or a new facility.
6. TERM
This Agreement shall be in effect from July 1, 2024 through December 31, 2026. Either
party may terminate this Agreement by giving the other party advance written notice of
120 days, or upon fourteen (14) days' notice in the event that the other party materially
breaches this Agreement.
7. REOPENER
Either party may request that any provision of this Agreement, including proposed
increases or decreases to the cost for services in Section 4, can be renegotiated by
submitting a written request with fourteen (14) days' advance notice. Any amendment
of this Agreement shall be in writing and shall be signed by both parties consistent with
Section 13 of this Agreement.
8. HOLD HARMLESS AND INDEMNIFICATION
a. Algona shall indemnify and hold Auburn and its agents, employees, officers and/or
volunteers, harmless from and shall process and defend at its own expense any and
all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or
costs, of whatsoever kind or nature, brought against Auburn arising out of, in
connection with, or incident to Algona's performance or failure to perform any aspect
of this Agreement; provided, however, that if such claims are caused by or result from
the concurrent negligence of Auburn, its agents, employees, officers and/or
volunteers, this indemnity provision shall be valid and enforceable only to the extent
of the negligence of Algona; and provided further, that nothing herein shall require
Algona to hold harmless or defend Auburn, its agents, employees officers and/or
volunteers from any claims arising from the sole negligence of Auburn, its agents,
employees, officers and/or volunteers. No liability shall attach to Auburn by reason
of entering into this Agreement except as expressly provided herein.
b. Auburn shall indemnify and hold Algona and its agents, employees, officers and/or
volunteers, harmless from and shall process and defend at its own expense any and
all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or
costs, of whatsoever kind or nature, brought against Algona arising out of, in
connection with, or incident to Auburn's performance or failure to perform any aspect
of this Agreement; provided, however, that if such claims are caused by or result from
the concurrent negligence of Algona, its agents, employees, officers and/or
volunteers, this indemnity provision shall be valid and enforceable only to the extent
of the negligence of Auburn; and provided further, that nothing herein shall require
Auburn to hold harmless or defend Algona, its agents, employees, officers and/or
volunteers from any claims arising from the sole negligence of Algona, its agents,
employees, officers and/or volunteers. No liability shall attach to Algona by reason
of entering into this Agreement except as expressly provided herein.
CONTRACT FOR DECANT FACILITIES USAGE - ALGONA
Page 3 of 8
Page 146 of 165
C. Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Auburn and Algona, its officers, officials,
employees, and volunteers, any damages allowed shall be levied in proportion to
the percentage of negligence attributable to each party, and each party shall
have the right to seek contribution from the other party in proportion to the
percentage of negligence attributable to the other party. It is further specifically
and expressly understood that the indemnification provided herein constitutes
the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification. This waiver has been mutually
negotiated by the Parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
d. AUBURN SHALL HAVE NO LIABILITY FOR, AND ALGONA SHALL INDEMNIFY AND
HOLD AUBURN AND ITS AGENTS, EMPLOYEES, OFFICERS AND/OR
VOLUNTEERS HARMLESS FROM AND AGAINST, ALL CLAIMS, DAMAGES,
LIABILITIES AND COSTS TO THE EXTENT ARISING OUT OF OR RELATING TO
THE PRESENCE, DISCOVERY, OR FAILURE TO DISCOVER, REMOVE, ADDRESS,
REMEDIATE OR CLEANUP ENVIRONMENTAL OR BIOLOGICAL HAZARDS
RESULTING FROM ALGONA DELIVERIES OR OTHERWISE ATTRIBUTABLE TO
ALGONA, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, MOLD, FUNGUS,
HAZARDOUS WASTE, SUBSTANCES OR MATERIALS.
9. RESOLUTION OF DISPUTES AND GOVERNING LAW
a. Alternative Dispute Resolution If a dispute arises from or relates to this Agreement
or the breach thereof and if the dispute cannot be resolved through direct discussions,
the parties agree to endeavor first to settle the dispute in an amicable manner by
mediation before resorting to arbitration. The mediator may be selected by agreement
of the parties. Following mediation, or upon written agreement of the parties to waive
mediation, any unresolved controversy or claim arising from or relating to this
Agreement or breach thereof shall be settled through arbitration. The arbitrator may
be selected by agreement of the parties or through King County court procedures. All
fees and expenses for mediation or arbitration shall be borne by the parties equally.
However, each party shall bear the expense of its own counsel, experts, witnesses and
preparation and presentation of evidence.
b. Applicable Law and Jurisdiction This Agreement shall be governed by the laws of the
State of Washington. Although the agreed to and designated primary dispute resolution
method as set forth above, in the event any claim, dispute or action arising from or
relating to this Agreement cannot be submitted to arbitration, then it shall be
commenced exclusively in the King County Superior Court or the United States District
Court, Western District of Washington as appropriate. The prevailing party in any such
CONTRACT FOR DECANT FACILITIES USAGE - ALGONA
Page 4 of 8
Page 147 of 165
action before the courts shall be entitled to recover its costs of suit and reasonable
attorneys' fees.
10. WRITTEN NOTICE
All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently
given if sent to the addressee at the address stated in this Agreement or such other
address as may be hereafter specified in writing. If written notice is provided by
electronic mail (e-mail), then such written notice shall become effective one (1)
business day after it is successfully sent.
11. NON-DISCRIMINATION
Parties shall not discriminate in any manner related to this Agreement on the basis of
race, color, national origin, sex, religion, age, marital status or disability in employment
or the provision of services.
12. INSURANCE
A) The Parties shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the Waste Disposal described in this
Agreement.
B) The Parties shall obtain and maintain, during the effective dates of this
Agreement, the following insurance coverage and limits (at a minimum):
1. Automobile Liability insurance covering all owned, non -owned, hired
and leased vehicles. The Automobile Liability insurance shall include a
minimum combined single limit for bodily injury and property damage
of $1,000,000 per accident, and
2. Commercial General Liability hall cover liability arising from premises,
operations, independent contractors and personal injury and
advertising injury. The Commercial General Liability insurance shall be
written with limits no less than $2,000,000 per occurrence with a
$2,000,000 general aggregate.
3. Worker's Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
CONTRACT FOR DECANT FACILITIES USAGE - ALGONA
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Page 148 of 165
A Parties' membership in the Washington Cities Insurance Authority (WCIA),
AWC's Risk Management Service Agency, or another Washington governmental
self -insured risk pool, shall satisfy all conditions set forth in this section.
C) Each party's insurance shall not be cancelled by either party, except after thirty
(30) days prior written notice by certified mail, return receipt requested, has
been given to other parry.
D) If any coverage is written on a 'claims made" basis, then a minimum of three (3)
year extended reporting period shall be included with the claims made policy,
and proof of this extended reporting period shall be given to the other party.
E) Insurance, other than through an insurance pool, is to be placed with insurers
with a current A.M. Best rating of not less than A:VII.
13. Relationship of Parties
No joint venture, separate legal entity, agent -principal relationship or partnership is
formed as result of this Agreement as each of the parties is contracting in its capacity as
a municipal corporation of the State of Washington. The parties intend that an
independent contractor -client relationship will be created by this Agreement. No agent,
employee, or representative of Auburn shall be or shall be deemed to be the employee,
agent or representative of Algona. No agent, employee or representative of Algona shall
be or shall be deemed to be the employee, agent or representative of Auburn. None of
the benefits provided by Auburn or Algona to its respective employees including, but not
limited to, compensation, insurance, and unemployment insurance are available from
Auburn or Algona to the employees, agents or representatives of the other City. Each
City will be solely and entirely responsible for its acts and for the acts of its agents,
employees and representatives during the performance of this Agreement.
14. Compliance with Law, Right of Inspection
No provision of this Agreement shall relieve either party of its public agency obligations
and or responsibilities imposed by law. The parties agree to comply with all federal, state,
and municipal laws, rules, and regulations that are now effective or become applicable
within the terms of this Agreement to the activities described in this Agreement, and to all
equipment, and personnel engaged in operations covered by this Agreement or accruing
out of the performance of such operations. Each party shall have the right to inspect the
records of the other party relating to this Agreement upon reasonable notice to the other
party, during working hours.
15. Non -Waiver of Breach
The failure of either party to insist upon strict performance of any of the covenants and
agreements contained herein, or to exercise any option herein conferred in one or more
CONTRACT FOR DECANT FACILITIES USAGE - ALGONA
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Page 149 of 165
instances, shall not be construed to be a waiver or relinquishment of said covenants,
agreements, or options and the same shall be and remain in full force and effect.
16. Assignment and Modification
Any assignment of this Agreement by either party without the prior written consent of the
other party shall be void.
No waiver, alteration, or modification of any of the provisions of this Agreement shall be
binding unless agreed to in writing and signed by a duly authorized representative of both
parties.
17. Agreement Recording
Copies of this Agreement shall be filed with the King County Auditor's Office and the
Parties' respective Clerks, provided that as an alternative, the Agreement may be listed
by subject on the City's web site.
18. SEVERABILITY
If any provision of the Agreement shall be held invalid, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to serve the
purposes and objectives of both parties.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties. Any
modifications or amendments to this Agreement shall be in writing and shall be signed
by each party.
DATED this day of 2024.
CITY OF ALGONA CITY OF AUBURN
Troy Linnell, Mayor
ATTEST:
Dana Parker, City Clerk
Nancy Backus, Mayor
ATTEST:
Shawn Campbell, City Clerk
CONTRACT FOR DECANT FACILITIES USAGE - ALGONA
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APPROVED AS TO FORM: APPROVED AS TO FORM:
Zach Lell, City Attorney Jason Whalen, City Attorney
CONTRACT FOR DECANT FACILITIES USAGE - ALGONA
Page 8 of 8
Page 151 of 165
CITY OF
AtiBURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Resolution No. 5797 (Laub) November 4, 2024
A Resolution authorizing the Mayor and City Clerk to execute an Interlocal
Agreement between the City of Auburn and the City of Pacific for decant
facilities usage
(RECOMMENDED ACTION: Move to adopt Resolution No. 5797.)
Department: Attachments: Budget Impact:
Public Works Resolution No. 5797, Exhibit A
Administrative Recommendation:
City Council to adopt Resolution No. 5797.
Background for Motion:
This agreement will allow Pacific to continue to deposit waste material from their street sweeping and
vactor truck operations at the Auburn decant facility for Auburn to process and dispose of the waste
material at a cost to Pacific.
Background Summary:
Resolution No. 5797 authorizes an agreement with Pacific to continue to use the Auburn decant
facility to dump sweeper and vactor waste material on a space limited basis. Auburn has sufficient
capacity within our facility to provide this service to Pacific and has been providing this service for
several years. As part of the agreement, Auburn will provide for the proper handling, processing and
disposal of the waste material at a cost to Pacific as set in the agreement.
Councilmember: Tracy Taylor
Staff: Ingrid Gaub
Page 152 of 165
RESOLUTION NO. 5797
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AUBURN AND THE
CITY OF PACIFIC FOR DECANT FACILITIES USAGE
WHEREAS, the City of Pacific has inadequate facilities to handle the waste
materials produced from their public works street sweeping and vactor maintenance;
WHEREAS, the City of Auburn has sufficient capacity at their decant facility to
handle the Pacific waste materials and is willing to provide for the proper handling,
processing and disposal of the City of Pacific's street sweeper and vactor truck materials
at a cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Interlocal Agreement between
the City of Auburn and the City of Pacific for Decant Facility Usage in substantial
conformity with the Agreement attached hereto as Exhibit "A" and incorporated herein by
this reference.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Resolution No. 5797
October 18, 2024
Page 1 of 2
Rev. 04/24
Page 153 of 165
Section 3
signatures.
This Resolution will take effect and be in full force on passage and
Dated and Signed this day of )2024.
ATTEST:
Shawn Campbell, MMC, City Clerk
Resolution No. 5797
October 18, 2024
Page 2 of 2
CITY OF AUBURN
NANCY BACKUS, MAYOR
APPROVED AS TO FORM:
Jason Whalen, City Attorney
Rev. 04/24
Page 154 of 165
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PACIFIC
AND THE CITY OF AUBURN
FOR DECANT FACILITIES USAGE
THIS INTERLOCAL AGREEMENT is made and executed by and between the City of
Pacific, a Washington municipal corporation, hereafter designated as "Pacific," and the
City of Auburn, a Washington municipal corporation, hereafter designated as "Auburn"
As of the last date entered below.
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local government
units to cooperate with other government entities on the basis of mutual advantage and
to provide services and the use of facilities to each other; and
WHEREAS, Pacific has inadequate facilities to properly handle the Waste Materials
produced as a result of its Public Works street sweeping and Vactor maintenance
activities; and
WHEREAS, Auburn has sufficient capacity at its decant facility to handle the Pacific
Waste Materials; and
WHEREAS, Pacific, as well as Auburn, will benefit from cooperative use of the decant
facility; and
WHEREAS, the Parties mutually desire to establish a formal arrangement under which
to use and operate the decant facility and its features; and
WHEREAS, the Parties desire to enter into this Agreement for the purpose of defining
their respective rights, obligations, costs and liabilities regarding this undertaking; and
WHEREAS, the City Council of each Party has taken appropriate action to approve entry
into this Agreement;
NOW, THEREFORE, in consideration of the terms, conditions and covenants stated in
this Agreement, Pacific and Auburn do agree as follows:
I.Purpose
The purpose of this Agreement is to provide for proper handling, processing and disposal
of Street Sweeper and Vactor truck materials, herein referred to as "Waste Materials"
generated by Pacific.
CONTRACT FOR DECANT FACILITIES USAGE
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10935682.3 - 365335 - 0001
Page 155 of 165
2. Responsibilities
The City of Pacific may deliver Waste Materials to the decant area of the City of Auburn
Maintenance & Operations facility (hereafter, the 'Facility"), currently located at 1305 C
Street SW during the hours of 7:00 am and 3:00 pm, Monday through Friday. The
unloading of the Waste Materials by Pacific at the Facility is to be done under the
supervision of an Auburn employee at the Facility. Pacific will only send operators to use
the decant facility that have been properly trained by Auburn on the safe and efficient
use of the facility and dumping of Waste Materials. Use of the Facility shall be governed
by and subject to applicable Auburn procedures. Pacific staff must weigh their truck
before and after dumping waste materials. The weight tickets must be taken to the office
so that they can be recorded for proper billing.
If conditions at the Facility require limiting or restricting Pacific from delivering waste
materials, such as when the Facility is down for maintenance or the storage area is full,
Auburn reserves the right to request Pacific to retain its Waste Materials until such time
as the conditions at the Facility allow Auburn to accept the Waste Materials again. Auburn
will give Pacific as much advance notice of these conditions as is practicable. Auburn
further reserves the right to reject any individual shipment of Waste Materials, such as
material from a fuel spill or other products that may exceed Auburn's allowable discharge
permit.
Auburn agrees to provide for the dewatering and the disposal of the Waste Materials in
compliance with all local, state, and federal permits pertaining to the dewatering and
disposal of such Waste Materials.
3. Volume
Subject to the provisions of Paragraph 2, above, Auburn shall accept Waste Materials
from Pacific in the following volumes: not to exceed 50 tons per month, or a total of 300
tons per year as measured at Auburn's truck scale, whichever is less. Auburn may accept
Waste Material from Pacific that exceeds these volumes upon the review of a written
request from Pacific. All such requests shall be made to Auburn's Assistant Director of
Public Works Services thirty (30) days in advance of proposed delivery of such additional
Waste Materials.
4. Cost For Services
Subject to the Reopener provisions of Paragraph 7, below, Pacific shall pay Auburn
$100.00 per month base fee for administration costs and $85.00 per ton of Waste
Materials for processing, testing and disposal fee (measured as scale weight) (collectively,
the "'Cost for Services'. Auburn will bill Pacific for its Cost for Services on a quarterly
basis. Pacific shall make payment to Auburn within thirty (30) days of receipt of an
invoice.
CONTRACT FOR DECANT FACILITIES USAGE
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10935682.3 - 365335 - 0001
Page 156 of 165
S. Decant Facility Improvements
Pacific recognizes that the capacity of Auburn's Facility is limited and that additional
capacity will need to be provided, as both Cities waste disposal needs continue to grow,
in order to provide long-term service to Pacific.
If Auburn desires to investigate and plan for long-term capacity improvements to the
decant process, including but not limited to improvements to the existing facility,
Auburn shall endeavor to notify Pacific and shall endeavor to include Pacific in such
investigation and planning, to the extent it is reasonably able to do so, in keeping with
Auburn's intended investigation and planning. By way of example only, and not by way
of limitation, Pacific and Auburn contemplate that subsequent amendments or
agreements might address the following types of issues: planning, design and
construction costs for potential improvements to the existing Facility or construction of
a new decant facility. The parties agree that Auburn will act as lead entity in all aspects
of any proposed improvement project. Auburn will consult in advance of any final
decisions with Pacific for the purposes of determining Pacific's future needs and Pacific's
desire to participate in funding for an improved facility or a new facility.
6. Term
This Agreement shall be in effect from July 1, 2024 through December 31, 2026. Either
party may terminate this Agreement by giving the other party advance written notice of
120 days, or upon fourteen (14) days' notice in the event that the other party materially
breaches this Agreement.
7. Reopener
Either party may request that any provision of this Agreement, including proposed
increases or decreases to the cost for services in Section 4, can be renegotiated by
submitting a written request with fourteen (14) days' advance notice. Any amendment
of this Agreement shall be in writing and shall be signed by both parties consistent with
Section 13 of this Agreement.
8. Hold Harmless And Indemnification
a) Each Party to this Agreement shall be responsible for its own negligent and/or
wrongful acts or omissions, and those of its own agents, employees,
representatives, contractors or subcontractors, to the fullest extent required by
the laws of the State of Washington. Each Party agrees to protect, indemnify and
save the other Party harmless from and against any and all such liability for injury
or damage to the other Party or the other Party's property, and also from and
against all claims, demands and causes of action of every kind and character
arising directly or indirectly, or in any way incident to, in connection with, or arising
CONTRACT FOR DECANT FACILITIES USAGE
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10935682.3 - 365335 - 0001
Page 157 of 165
out of work performed under the terms hereof, caused by its own fault or that of
its agents, employees, representatives, contractors or subcontractors.
b) Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Auburn and Pacific, its officers, officials, employees,
and volunteers, each party's liability hereunder shall be only to the extent of that
party's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Parties' waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the Parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
C) Auburn shall have no liability for, and Pacific shall indemnify and hold Auburn and
its agents, employees, officers and/or volunteers harmless from and against, all
claims, damages, liabilities and costs arising out of or relating to the presence,
discovery, or failure to discover, remove, address, remediate or cleanup
environmental or biological hazards resulting from Pacific deliveries or otherwise
attributable to Pacific, specifically including, but not limited to, mold, fungus, and
hazardous waste, substances or materials.
d) Pacific shall have no liability for, and Auburn shall indemnify and hold Pacific and
its agents, employees, officers and/or volunteers harmless from and against all
claims, damages, liabilities and costs arising out of or relating to the presence,
discovery or failure to discover, remove, address, remediate or cleanup
environmental or biological hazards attributable to Auburn, specifically including,
but not limited to, mold, fungus, hazardous waste, substances or materials. In
addition, Pacific shall have no liability for, and shall be held harmless from and
against all claims, damages, liabilities and costs arising out of Auburn's failure to
properly dispose of such waste materials after delivery by Pacific according to all
applicable law.
9. Resolution Of Disputes And Governing Law
a) Alternative Dispute Resolution. If a dispute arises from or relates to this Agreement
or the breach thereof and if the dispute cannot be resolved through direct
discussions, the parties agree to endeavor first to settle the dispute in an amicable
manner by mediation before resorting to other avenues of dispute resolution. The
mediator may be selected by agreement of the parties. Following mediation, or
upon written agreement of the parties to waive mediation, any unresolved
controversy or claim arising from or relating to this Agreement or breach thereof
shall be handled through litigation as described in subsection (b) below. Each
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party shall bear the expense of its own counsel, experts, witnesses and preparation
and presentation of evidence.
b) Applicable Law and Jurisdiction This Agreement shall be governed by the laws of
the State of Washington. Although the agreed to and designated primary dispute
resolution method as set forth above, in the event any claim, dispute or action
arising from or relating to this Agreement cannot be settled through mediation,
then it shall be commenced exclusively in the King County Superior Court or the
United States District Court, Western District of Washington as appropriate. The
prevailing party in any such action before the courts shall be entitled to recover its
costs of suit and reasonable attorneys' fees.
10. Written Notice
All communications regarding this Agreement shall be sent to the parties at the addresses
listed on the signature page of the Agreement, unless notified to the contrary. Any
written notice hereunder shall become effective three (3) business days after the date of
mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing. If written notice is provided by electronic mail (e-mail),
then such written notice shall become effective one (1) business day after it is successfully
sent.
11. Non-discrimination
Parties shall not discriminate in any manner related to this Agreement on the basis of
race, color, national origin, sex, religion, age, marital status or disability in employment
or the provision of services.
12. Insurance
a) The Parties shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the Waste Disposal described in this Agreement.
b) The Parties shall obtain and maintain, during the effective dates of this
Agreement, the following insurance coverage and limits (at a minimum):
1. Automobile Liability insurance covering all owned, non -owned, hired and
leased vehicles. The Automobile Liability insurance shall include a minimum
combined single limit for bodily injury and property damage of $1,000,000 per
accident, and
2. Commercial General Liability insurance shall cover liability arising from
premises, operations, independent contractors and personal injury and
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advertising injury. The Commercial General Liability insurance shall be written
with limits no less than $2,000,000 per occurrence with a $2,000,000 general
aggregate. Coverage shall include, but is not limited to, contractual liability,
products and completed operations, property damage, mold, pollution and
employers liability, and
3.Worker's Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
4. A Parties' membership in the Washington Cities Insurance Authority (WCIA),
AWC's Risk Management Service Agency, or another Washington governmental
self -insured risk pool, shall satisfy all conditions set forth in this section.
c) Each party's insurance shall not be cancelled by either party, except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been given
to the other party.
d) If any coverage is written on a "claims made" basis, then a minimum of three (3)
year extended reporting period shall be included with the claims made policy, and proof
of this extended reporting period shall be given to the other party.
e) Insurance, other than through an insurance pool, is to be placed with insurers
with a current A.M. Best rating of not less than A:VII.
13. Compliance with Law, Right of Inspection
No provision of this Agreement shall relieve either party of its public agency obligations
and or responsibilities imposed by law. The parties agree to comply with all federal, state,
and municipal laws, rules, and regulations that are now effective or become applicable
within the terms of this Agreement to the activities described in this Agreement, and to all
equipment, and personnel engaged in operations covered by this Agreement or accruing
out of the performance of such operations. Each party shall have the right to inspect the
records of the other party relating to this Agreement upon reasonable notice to the other
party, during working hours.
14. Non -Waiver of Breach
The failure of either party to insist upon strict performance of any of the covenants and
agreements contained herein, or to exercise any option herein conferred in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants,
agreements, or options and the same shall be and remain in full force and effect.
15. Assignment and Modification
Any assignment of this Agreement by either party without the prior written consent of the
other party shall be void.
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No waiver, alteration, or modification of any of the provisions of this Agreement shall be
binding unless agreed to in writing and signed by a duly authorized representative of both
parties.
16. Entire Agreement
The written provisions and terms of this Agreement, together with any Exhibits attached
hereto. shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or
forming a part of or altering in any manner whatsoever, this Agreement or the Agreement
documents. The entire agreement between the parties with respect to the subject matter
hereunder is contained in this Agreement and any Exhibits attached hereto, which may
or may not have been executed prior to the execution of this Agreement. All of the above
documents are hereby made a part of this Agreement and form the Agreement document
as fully as if the same were set forth herein. Should any language in any of the Exhibits
to this Agreement conflict with any language contained in this Agreement, then this
Agreement shall prevail.
17. Relationship of Parties
No joint venture, separate legal entity, agent -principal relationship or partnership is
formed as result of this Agreement as each of the parties is contracting in its capacity as
a municipal corporation of the State of Washington. The parties intend that an
independent contractor -client relationship will be created by this Agreement. No agent,
employee, or representative of Auburn shall be or shall be deemed to be the employee,
agent or representative of Pacific. No agent, employee or representative of Pacific shall
be or shall be deemed to be the employee, agent or representative of Auburn. None of
the benefits provided by Auburn or Pacific to its respective employees including, but not
limited to, compensation, insurance, and unemployment insurance are available from
Auburn or Pacific to the employees, agents or representatives of the other City. Each
City will be solely and entirely responsible for its acts and for the acts of its agents,
employees and representatives during the performance of this Agreement.
18. Severability
The provisions of this Agreement are declared to be severable. If any provision of this
Agreement is for any reasons held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other provision.
19. Amendments
Any modifications or amendments to this Agreement shall be in writing and shall be
signed by each party.
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20. Agreement Recording
Copies of this Agreement shall be filed with the King County Auditor's Office and the
Parties' respective Clerks, provided that as an alternative, the Agreement may be listed
by subject on the City's web site.
DATED this
CITY OF PACIFIC
Vic Kave, Mayor
100 3rd Ave SE
Pacific, WA 98047
ATTEST:
Laurie Cassell, City Clerk
day of
APPROVED AS TO FORM:
Christopher W. Pirnke, City Attorney
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2024.
CITY OF AUBURN
Nancy Backus, Mayor
25 W. Main Street
Auburn, WA 98001
ATTEST:
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
Jason Whalen, City Attorney
Page 162 of 165
CITY OF
AtiBURN
WASHINGTON
Agenda Subject:
AGENDA BILL APPROVAL FORM
Resolution No. 5798 (Caillier)
A Resolution accepting a Grant Award from the Department of Justice,
Office of Community Oriented Policing Services
Meeting Date:
November 4, 2024
(RECOMMENDED ACTION: Move to adopt Resolution No. 5798.)
Department: Attachments: Budget Impact:
Police Resolution 5798
Administrative Recommendation:
City Council to adopt Resolution 5798.
Background for Motion:
The Auburn Police Department applied for and received a Federal Grant Award of $1,250,000, from
the Department of Justice to provide financial assistance in the hiring of additional commissioned
officer positions. Council approval is needed to accept the Federal Grant Award.
Background Summary:
The Community Oriented Policing Services (COPS) Hiring Program provides funding to law
enforcement agencies to hire and/or rehire additional career law enforcement officers in an effort to
increase their community policing capacity and crime prevention efforts. The police department
applied for and was awarded a grant from the Department of Justice, Office of COPS, to provide
funding assistance in hiring 10 commissioned police officer positions. The award amount was
$1,250,00.00.
Councilmember: Cheryl Rakes
Staff: Mark Caillier
Page 163 of 165
RESOLUTION NO. 5798
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ACCEPTING A GRANT AWARD
FROM THE DEPARTMENT OF JUSTICE, OFFICE OF
COMMUNITY ORIENTED POLICING SERVICES
WHEREAS, the Auburn Police Department (APD) applied for, and has
been awarded a grant from the Department of Justice (DOJ) Office of
Community Oriented Policing Services (COPS) in the amount of $1,250,000;
and
WHEREAS, the grant is specific to the police department with the
purpose of providing funding to law enforcement agencies to hire and/or rehire
additional career law enforcement officers in an effort to increase their
community policing capacity and crime prevention efforts; and
WHEREAS, the Auburn Police Department has been awarded
$1,250,000 to help fund 10 commissioned officer positions in order to increase
Auburn's community policing capacity and crime prevention efforts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City of Auburn and Auburn Police Department are
authorized to accept the grant award of $1,250,000, according to the terms and
conditions set forth in the Award Letter (Award Number 15JCOPS-24-GG-03676-
UHPX; Federal Award Date: 9/30/24) attached to this Resolution;
---------------------------
Resolution No. 5758
November 4, 2024
Page 1 of 2
Page 164 of 165
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 3. This Resolution shall take effect and be in full force upon
passage and signatures.
Dated and Signed this
ATTEST:
Shawn Campbell, MMC, City Clerk
---------------------------
Resolution No. 5758
November 4, 2024
Page 2 of 2
day of , 2024.
CITY OF AUBURN
NANCY BACKUS, MAYOR
APPROVED AS TO FORM:
Jason Whalen, City Attorney
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