HomeMy WebLinkAbout6957 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
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repealed.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
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.
INTRODUCED: NOV 0 4 2024
PASSED: NOV 0 4 2024
APPROVED: N®� ® 4 2�24
NANCY BAt4A4 AYOR
ATTEST: APP'"IVED AS TO FO:p.—
,114•4:1 .11-.Aczk.430,
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Published: (uelfy\3eV 1 ) ZOZ14) i co -S , e T M2s
Ordinance No. 6957
October 17, 2024
Page 3 of 3 Rev. 2024
Exhibit A
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 Review Time Periods
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.
Title 14, Project Review Page 2 of 59
Chapter 14.01
PURPOSE-AND 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.
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 5 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 5 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.
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.
Title 14, Project Review Page 5 of 59
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 authorized by the
comprehensive plan nr subarea plan, 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.
Title 14, Project Review Page 6 of 59
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.
Title 14, Project Review Page 7 of 59
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 Ill 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. Special permit;
E€. Excavation Construction permit;
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
Title 14,Project Review Page 8 of 59
GF. Land clearing permit;
-I4G. Grading permit;
tH. Floodplain development permit;
}I. Public facility extension agreement;
JXJ. Right-of-way use permit;
-LK. Boundary line adjustment or boundary line elimination;
-ML. Home occupation permit;
MN. Temporary use permit(administrative);
NO. Administrative use permit;
OP. Short subdivision(plat);
PQ. Mobile home closure plans;
QR. Extensions or minor amendment to an approved master plan;
RS. 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
determinations under SEPA. 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.
Title 14,Project Review Page 9 of 59
D. Public facility extension agreement;
E. Administrative use permit;
F. Short subdivision (plat); •
G. Floodplain 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
5 1, 1996.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
Title 14, Project Review Page 10 of 59
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.
Title 14, Project Review Page 11 of 59
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.Preapplication conferences are
o tional a�i F@ r161 a-r� ireme a nr an. « �rtit tie. Preapplication conferences
are optional, and are not a requirement for any project permit type.
submittal for any permit type.(Ord.41835§ 1, 1996.)
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.
Title 14, Project Review Page 12 of 59
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
processnumber of application copies.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 city
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
Title 14,Project Review Page 13 of 59
and comply with any requirements set forth in applicable city ordinances, adopted codes and
aciy referenced design standards manuals. (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 receiving accepting a project permit application,the city shall mail or
provide in-penes a written determination to the applicant or applicant's designee to such
person or entity designated in applicant's application to receive determination and notices 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.
application complete,within 11 days after an applicant has submitted the additional
information identified by the city as necessary the city shall notify the applicant, or to such
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
Title 14,Project Review Page 14 of 59
person or entity designated in the applicant's project permit application,whether the
application is complete and if not,what additional information is needed.
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,.and 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.
Title 14, Project Review Page 15 of 59
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 ' 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.
Title 14,Project Review Page 16 of 59
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 ope„ record „redeciCion 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.
Title 14,Project Review Page 17 of 59 +
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
43.21C 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.
Title 14,Project Review Page 18 of 59
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.
Title 14,Project Review Page 19 of 59
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
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
Title 14, Project Review Page 20 of 59
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 projects 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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
Title 14,Project Review Page 21 of 59
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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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 Ill decisions: 170 days.
B.
elapsed: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 is calculated from
the date the applicant is notified of the need for additional information until the earlier of:
(1)the date the city determines whether the additional information satisfies the request for
information, or(2) 14 days after the date the information has been provided. If the
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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Title 14,Project Review Page 25 of 59
a new request for studies had been made.
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
permit application.(Ord./1835 § 1, 1996.)
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 nonresponsiveness for 60 consecutive days
may result in 30 days being added to the time for review. For the purposes of this subsection,
"nonresponsiveness" 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 following' .
1.A,-Project applications rrequiringes an amendment to the comprehensive plan or a
development regulation;
2.&—Project applications Rrequiringes 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.C--Project applications that ares 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 approvalApprovals 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 Ill 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
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
Title 14, Project Review Page 29 of 59
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 5 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-SignificanceDNS 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 appeal period for an
additional seven days, if state or city rules adopted pursuant to Chapter 113.21 C RCW allow
public comment on a determination of nonsignificance issued as part of an appealable project
permit decision.{Ord.'1835 5 1, 1996.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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. fie- Right-of-way vacations;
3. Other approvals relating to use of public areas or facilities, including but not limited to
utility permit applications for water service,fire hydrant,fire hydrase,sanitary sewer
connections, storm drainage systems, right-of-way use permits and public facility extension
agreements if categorically exempt under Chapter 43.21 C RCW; or
4—Other 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 SERA.
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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.)
Chapter-I-4.
PROJECT REVIEW TIME PE IODS
Sections:
14.15.010 Weekends and holidays.
4445.010 Weekends and holidays.
Regardless of whether any period is minimum or maximum,when any permit review, notice or
§ 1, 1996.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
Title 14, Project Review • Page 34 of 59
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 .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
permit type.
certificates other than for individual single family homes are encouraged to request that a
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
Title 14, Project Review Page 36 of 59
preapplication conference be held with appropriate city staff. Such request shall be directed to
the planning director, and upon its receipt the director shall schedule a conference between the
for the prospective applicant and city staff to gain a common understanding of the proposed
development, and any procedures, rules, standards and policies which may apply.The
prospective applicant is encouraged to bring to the conference whatever information deemed
appropriate to help describe the existing nature of the site and its surroundings and the
proposed nature of the contemplated and subsequent development. Such information may
request that an additional conference or conferences be held to further the purpose of this
section.(Ord.5306§ 1, 1999;Ord./1872§ 1, 1996.)
14.18.020 Application, submittal nd c^„*®„*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:
A. A completed application form_,blank cop;es of which are „tailable from the department;
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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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 5 20,2014;Ord.6287§2,2010;Ord.5811 5 3,2003;Ord.5306§ 1,
1999;Ord.4872 5 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
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
Title 14, Project Review Page 39 of 59
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 may be 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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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,
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
Title 14,Project Review Page 50 of 59
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 F.1 - 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) - 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:
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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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 5 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 may be 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 council or 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.)
The Auburn City Code is current through Ordinance 6912,passed July 17,2023.
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.)
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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
•
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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.
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.
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 recommendedrequifeded.
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.
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;
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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.)
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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 .
A_pre-app_lication.._conference is ava_ilable arid encouragedprior to the submittal o.f aformat
business,license,A minimum of one pre-application conference meeting with the city of
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
Chapter 18.59 ACC,Development Standards for Marijuana Related Businesses Page 7 of 9
Auburn and other relevant parties including but not limited to the Valley Regional Fire Authority •
shall be conducted prior to the submittal of a formal business license application for all
marijuana related businesses within the city. (Ord.66/12§30,2017.)
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
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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:
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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.
Chapter 18.76 ACC,Planned Unit Development District(PUD)-Lakeland Hills South Page 1 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
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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 A 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.
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
•
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
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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.
E. 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.
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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 not just 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
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
Chapter 18.76 ACC,Planned Unit Development District(PUD)-Lakeland Hills South Page 6 of 32
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 where at 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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Chapter 18.76 ACC,Planned Unit Development District(PUD)-Lakeland Hills South Page 7 of 32
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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Chapter 18.76 ACC, Planned Unit Development District(PUD)-Lakeland Hills South Page 8 of 32
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.6269§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
areas follows:
Allowable Residential Densities
Lakeland Hills South Maximum Number
Comprehensive Plan of Dwelling Units
Map Designation Per Acre
Single-family 6 units per acre
Moderate density 14 units per acre
residential
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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Chapter 18.76 ACC,Planned Unit Development District(PUD)-Lakeland Hills South Page 10 of 32
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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Chapter 18.76 ACC,Planned Unit Development District(PUD)-Lakeland Hills South Page 11 of 32
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
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
Chapter 18.76 ACC, Planned Unit Development District(PUD)-Lakeland Hills South Page 12 of 32
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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Chapter 18.76 ACC, Planned Unit Development District(PUD)-Lakeland Hills South Page 13 of 32
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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Chapter 18.76 ACC,Planned Unit Development District(PUD)-Lakeland Hills South Page 14 of 32
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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Chapter 18.76 ACC,Planned Unit Development District(PUD)-Lakeland Hills South Page 17 of 32
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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Chapter 18.76 ACC, Planned Unit Development District(PUD)-Lakeland Hills South Page 18 of 32
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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Chapter 18.76 ACC, Planned Unit Development District(PUD)-Lakeland Hills South Page 19 of 32
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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Chapter 18.76 ACC, Planned Unit Development District(PUD)-Lakeland Hills South Page 20 of 32
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 may be permitted within the PUD, provided they meet the following
criteria:
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Chapter 18.76 ACC,Planned Unit Development District(PUD)-Lakeland Hills South Page 21 of 32
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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Chapter 18.76 ACC,Planned Unit Development District(PUD)-Lakeland Hills South Page 22 of 32
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, is recommenced that the applicant shal-I-attend a pre-application
conference with the planning director and other interested department heads, or their
designees, regarding the proposed development.The conference attendees w ill._._ shall review
the general outlines of the proposal, evidenced schematically by sketch plans and other
documents provided by the applicant.The applicant s allwi.l.l receive suggestions and
recommendations generated by the conference along with forms and guidelines for preparing
the PUD application.
B. Application Procedure. 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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Chapter 18.76 ACC,Planned Unit Development District(PUD)-Lakeland Hills South Page 23 of 32
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 5 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 5 1,1998.)
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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 may be 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.)
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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_.i.s..x.ecomm.e.n_d.e.d....thatthe applicant shalR attend a pre-application conference with
the planning director and other interested department heads, or their designees, regarding the
proposed development.The conference attendees w.il.lsha14 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 5 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
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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.
The Auburn City Code is current through Ordinance 6940,passed April 15,2024.
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.