The URL can be used to link to this page

Home My WebLink About03-24-2025 Agenda Packet City Council * Study Session CITY OF PU March 24, 2025 - 5:30 PM J31JJtr'.4 City Hall Council Chambers WASHINGTON AGENDA CALL TO ORDER PUBLIC PARTICIPATION A. The Auburn City Council Study Session Meeting scheduled for Monday, March 24, 2025, at 5:30 p.m. will be held in person and virtually. Virtual Participation Link: To view the meeting virtually please click the below link, or call into the meeting at the phone number listed below. The link to the Virtual Meeting is: https://www.voutube.com/user/watchauburn/live/?nomobile=1 To listen to the meeting by phone or Zoom, please call the below number or click the link: Telephone: 253 215 8782 Toll Free: 877 853 5257 Zoom: https://us06web.zoom.us/i/81519799739 ROLL CALL AGENDA MODIFICATIONS ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS PUBLIC WORKS AND COMMUNITY DEVELOPMENT DISCUSSION ITEMS A. Capital Projects Status Report and Feature Capital Project (Gaub) (20 Minutes) B. Ordinance No. 6972 (Krum) (15 Minutes) An Ordinance amending Sections 16.06.020, 16.06.055 and 16.06.130 and adding Sections 16.06.085 and 16.06.095 of the Auburn City Code relating to the State Environmental Policy Act C. Ordinance No. 6976 (Krum) (5 Minutes) An Ordinance amending the Comprehensive Zoning Map ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office and on the City website (http://www.auburnwa.gov). Page 1 of 75 �K CITY OF J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM WASHINGGTTON Agenda Subject: Meeting Date: Capital Projects Status Report and Feature Capital Project (Gaub) (20 March 24, 2025 Minutes) Department: Attachments: Budget Impact: Public Works Presentation, Capital Projects Status Report Administrative Recommendation: For discussion only. Background for Motion: Background Summary: The purpose of this discussion is to inform the Council and Public of the overall status of the City's Capital Project program managed by the Public Works Engineering Services Division and to present the 2025 second quarter feature Capital Project, the Auburn Way S (SR-164) — Hemlock to Poplar project (Project No. CP1622). This project will widen the road to include two through lanes in each direction, curb, gutter, sidewalk, intermittent center medians, bus pullouts, an enhanced pedestrian crossing, reconstruction and realignment of Poplar St SE, storm drainage, pavement overlay, and illumination. Engineering Services is currently managing 40 projects, totaling approximately $130 million in total project costs. Of these projects, 28 are in design and 12 are under construction. Councilmember: Tracy Taylor Staff: Ingrid Gaub Page 2 of 75 ENGINEERING SERVICES AUBURN VALUES CAPITAL PROJECT STATUS REPORT & FEATUREPROJECT SERVICE ENVIRONMENT ECONOMY MATTLARSON CHARACTER JEFFREY BENDER SUSTAINABILITY CITY COUNCIL STUDY SESSION MARCH 24, 2025 WELLNESS CELEBRATION Public Works Department Engineering Services • Airport Services • Maintenance & Operations Services I Page 3 of 75 CAPITAL PROJECTS - CURRENT STATUS 40 Active Capital Projects (Approximate total project value $ 130 million ) 28 in Design Phase (Approximate total project value $90 million ) 12 in Construction Phase (Approximate total project value $40 million ) SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION 2 Page 4 of 75 CPS REPORT Project Project Name& Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2309 2023 City Safety Pedestrian $795,000 QTR 3(JUL- QTR 2 (APR- Jeffrey The construction work N/A Diversified Crossing Enhancements SEP) JUN) Bender has been suspended for Holdings Includes the procurement of long The project will install RRFBs at Federal Grant 24 25 lead-time materials. It is four locations around the City, at Funds anticipated that the work the SE 304th Street/116th will resume in April 2025. Avenue intersection, on R Street The contractor may be SE to the north of 37th Street onsite periodically to SE, at the S 296th Street/57th perform minor work Place S intersection, and at M activities. Street SE/33rd Street SE. • Capital Project Status available online: https://www.auburnwa.gov/city hall/public_works/capital projects SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 5 of 75 CURRENTLY IN CONSTRUCTION a • j i___T_;;;... 00-0;'' 1, ) 1114 =fie / ! ;' 00 - - - _ 4 ' VirliAlli...- SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION 4 Page 6 of 75 CP2317 2024 NEIGHBORHOOD IMPROVEMENT IFZZEI ,,, . - ) , „ ....... —444Pra, ,'„ , , .'"0 , , A ' R•.,i Ste' - m4nrnk+ -.r• a`_ __Jt - ®-� ,�� -- • I- 22nd St SE 4 ;,y�� .� �Irn71�■ fw 1 }� , m ��Y-�r . - - / r 23rd St SE �:,t , i, - _ I.. .71 __1S--1-4 _ F I • 24th St SE ,' ". • Ain W, + � 25th St SE "•�� - - 26th St SE " - \ v Y 28th St SE 'a ;'' ,-, �,-�� i J I I 1 y` I1 . S. li __z_ y 1 30th St SE _.. !� - _ n ,-7i..lti''Air. 32nd St SE t‘a M " '.- r ,7 4' u { . 't` i... - /ir— —r • 'r‘rr'-' ',•,'"'r ',` ti 33rd St SE P i 4 f e , xT, a4 ;,• h>�trti � � .4S Page 1 in CPS Report. SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION 5 Page 7 of 75 CP2110 AUB AVE RGC ACCESS I M PROV ( 2ND ST NE TO 3RD ST NE) Mattress Cii - •,�rR` '� "fir I 2 - ; .�' r-.�E �onu[& ,-_ I ti. IAA/I1 {- �J ��[[^ , „ � I in. 1 _ ._. r—I, _ - -_ Ems_ r c } 3rd Sty 154 - V_ A ,urr )ante r Center _ _ e` "Illiilli ilki. , - .' L.'''''.' r-. .. • Cascade O rthoped i CS N A P A ,, , ,14' .4::lik,F-J,L',A.0.,!;. ./3., : 4.... .7 ..-....0 ,, - . , „IL__ ...--"-- ./ . 2. e _ _ y — — - . -—_ - _ _ _ Auburn ,:�,:. a tlLnYlllh 4411. Im 1. Medical Cenlrr y• '' ' • Page 3 in CPS Report. '°f b k f": ids`: SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION 6 Page 8 of 75 CP2305 2023/ 2024 NEIGHBORHOOD TRAFFIC CALMING PROGRAM FOCUS AREA 121h51-c_c 6�1I.,. in„ q - _ P. ems, x •r LL m Wr _ �-'ram ,.,ID i Holy Fam y t - 4 �L asi' -"- R itt School - ice. q . 1 Ln da14,.St Ml d S[Iwal s� - 1l - 1 '�-'-- f `— - °� 114, . - • Page 2 in CPS Report. .yam SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS . CELEBRATION 7 Page 9 of 75 CP2309 CITYWIDE UNCONTROLLED CROSSING ENHANCEMENTS SITE 3 - ,,;'. "f'y",.� (S 296TH ST&57TH PLACES) si c vim.. J • �_�� ... • 1 -[-'H1L T1 •1::,.ti.n 7-,—.7— Ir itF} Iasi 1- k - _ vae i,�. I ...4_,.,,\. _ g ' f N ,7,,, (SE 304THST&118TH AVE SE) i ; i 7 x en i/ r .41; I` I s• n. p, .ma ` �,t� fm MI5 BE&33R0 ST SE) ,Y -, ` � •, •S:'•'. ,f -�....- -ir 40o.r. IA r .•-•, • -.:...A.-,.- -.t_ .14_ Ij SITE 2 y «`4 ` '� . ' u < 71 �T'`�"' l�j, (R ST SE&37TH ST SE TRAIL) I -1111 y . +` ' r,' " _i $ _ i '; • Page 1 in CPS Report. SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION 8 Page 10 of 75 AUBURN FEATURE CAPITAL PROJECT: VALUES AUBURNWAYS (SR- 164) - SERVICE HEMLOCK TO POPLAR ENVIRONMENT (CP1622) ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Public Works Department Engineering Services • Airport Services • Maintenance & Operations Services 9 Page 11 of 75 VICINITY MAP %PI SE 0 h - - C et in 20ih St SE eau LL 9 E 0 Muckleshoot LT, Cas no o SR a e,n a ia in I Shaughnessy nk R fe 22nd St SE 221d St SE y Park u n x Chinook a Elementary IL `o School **Zsl"."1-1.—ffestca� N Pawn Big Nation in SE - urn Way S . `. Aura'Wj-8---_ lath St SF ...::..ti. �� .. Grocery 8 Deli w "O.ii ud r i'\E acklesn m SeattleAli H110pm te T eye Controlt f t I.•�ly - ill- ,. E _," "" uburnWa S -Y y le . 184\�t ,--.....ii.t a f 4 � ' le �� ' " r 1 t i Xtil„till li ill t - .- SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 12 of 75 EXISTING CONDITION Auburn Way S Corridor: Heavily travelled connection between Auburn and • Missing sidewalk and curb/gutter Enumclaw/surrounding communities to the east • Traffic congestion Provides access to recreational amenities and Muckleshoot Indian Tribe facilities \ , ,,,-;!ir _ . ' - , • -' r ' gg i - _ , ,,, \ - - —.. n Existing Condition - Looking West . on- Looking East d SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 13 of 75 PURPOSE This project improves motorized and non-motorized access through the Auburn Way S Corridor while maintaining consistency with : SR164 Route Development Plan (WSDOT) Memorandum of Understanding Between the City of Auburn and the Muckleshoot Indian Tribe (MIT) Auburn Comprehensive Safety Action Plan SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 14 of 75 SCOPE Adding two additional lanes for improved PROPOSED ` PROPOSED NORTH SOUTH traffic flow ROW LINE VARIES VARIES ROW UNE J9 2'i0 41� VARIES VARIES a9 5' ' ' 290'TO 305' Providing roadway pavement repair a n d 5'- • 1' VARIES ARIES ' VARIES SIDE0AU(y ..3. A IAN 37TO554TO5 5' IA IE -5 LAN ' '.—SIDEWA LK~ SHLD I SHLD restoration VARIES VARIES 45'TO 0' 45'TO 0' - - PROFlLE GRADE 3. Installing new sidewalk, curb and gutter &PNOT POINT 1%ttP I'SHY f 1'SHY 1%ttP 2%M _3%) I_z) 2%MAX 4 Installing intermittent center medians I 5. Reconstructing and realigning Poplar street 'L "`" 7T• Improving storm drainage & watermain R rills +li1Ir infrastructure ' a 7. Installing new streetlighting for improved ,,_ F _- __ pedestrian and vehicular lighting .-__.ti' - BUS ONLY - - ; 8. Installing improved bus stops/pullouts Installing an enhanced pedestrian crossing SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 15 of 75 PROJECT BUDGET & SCHEDULE PROJECT COSTS: PARTNERS: DESIGN $2,015,500 PSRC Federal Grant RIGHT-OF-WAY $1,442,500 TIB Grant CONSTRUCTIONPW Trust Fund Loan/Grant $9,445,000 Arterial Street - Traffic Impact Fees TOTAL $12,903,000 Arterial Street - City Money Water (460 Fund) MIT Construction Award M March 2025 thru February 13, 2025 Summer 2026 SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 16 of 75 FEATURED CAPITAL PROJECT Questions? SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION 15 Page 17 of 75 Capital Project Status Report Public Works Department- Engineering General Services Division 'Construction Projects Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2317 2024 Neighborhood $1,965,000 QTR 3 (JUL- QTR 1 (JAN- Aleksey Construction is N/A Stafford Improvements SEP) MAR) Koshman underway. Excavating This project will construct 24 25 neighborhood improvements intended to improve safety, accessibility, and non-motorized connectivity. The project includes installation of new street lighting, construction of new sidewalks, replacement of existing sidewalks, and implementation of traffic calming measures. CP2315 R Street SE Preservation - $2,935,000 QTR 2 (APR- QTR 2 (APR- Kim Truong The construction work HDR Active 33rd St SE to 37th St SE JUN) JUN) has been suspended for Construction the procurement of long Inc. The project will provide roadway 24 25 lead-time materials. It is improvements along R St SE anticipated that the work from 33rd St SE to 37th St SE. will resume in April 2025. Improvements include griding The contractor may be and overlaying the roadway onsite periodically to pavement, new street lighting, a perform minor work non-motorized multi-use path, activities. and associated underground utilities improvements. CP2309 2023 City Safety Pedestrian $795,000 QTR 3 (JUL- QTR 2 (APR- Jeffrey The construction work N/A Diversified Crossing Enhancements SEP) JUN) Bender has been suspended for Holdings Includes the procurement of long The project will install RRFBs at Federal Grant 24 25 lead-time materials. It is four locations around the City, at Funds anticipated that the work the SE 304th Street/116th will resume in April 2025. Avenue intersection, on R Street The contractor may be SE to the north of 37th Street onsite periodically to SE, at the S 296th Street/57th perform minor work Place S intersection, and at M activities. Street SE/33rd Street SE. Page: 1 Page 18 of 75 Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2305 2024 Neighborhood Traffic $543,000 QTR 4 (OCT- QTR 3 (JUL- Shelbi Construction is N/A Puget Calming DEC) SEP) Moyer underway. Paving & Construction This project will implement traffic 24 25 calming measures intended to improve safety for all road users by reducing vehicle speed and discouraging cut-through vehicle traffic. Improvements will be implemented on B St SE between 13th Street SE and 16th St SE and F St SE, G St SE, H St SE, J St SE and K St SE between 12th St SE and 21st St SE. CP2219 Reservoirs 4 and 8 Seismic $1,601,000 QTR 1 (JAN- QTR 2 (APR- Aleksey Construction is Parametrix Northwest Retrofits MAR) JUN) Koshman underway. Cascade, Includes State Inc. This project will install 4 seismic Grant Funds 24 25 control valves at 4 of City of Auburn's reservoir sites. Furthermore, the air vents for 3 of the reservoirs will be retrofitted or replaced. CP2207 10th St NW/A Street NW $847,000 QTR 3 (JUL- QTR 3 (JUL- Nahom The construction work N/A Transportati Intersection Improvements SEP) SEP) Kahsay has been suspended for on Systems, the procurement of long Inc. The project will construct a new 24 25 lead-time materials. It is traffic signal at the intersection anticipated that the work in place of the existing stop will resume in April 2025. control on the 10th Street NW The contractor may be approach. onsite periodically to perform minor work activities. Page:2 Page 19 of 75 Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2123 C Street SW Preservation $5,240,000 QTR 1 (JAN- QTR 4 (OCT- Kim Truong Construction work is N/A Johansen MAR) DEC) anticipated to begin in Construction This Project will grind and Includes May 2025 awaiting the overlay C Street SW between W Federal Grant 25 25 procurement of long lead Main Street and the GSA signal Funds time items. (approximately 2,000 feet to the south of 15th Street SW). As part of the project, non-ADA compliant curb ramps and pedestrian push buttons will be upgraded, and c-curbing and vehicle detection loops will be replaced as needed. There are also, water, storm and sewer improvements along a portion of C St SW. CP2110 Regional Growth Center $4,856,000 QTR 3 (JUL- QTR 3 (JUL- Seth Construction is TranspoGrou Ceccanti Access Improvements SEP) SEP) Wickstrom underway. p Includes State The project is improving the 3rd Grant Funds 24 25 Street NE/4th Street NE intersections with Auburn Ave and Auburn Way N. The project will improve non-motorized access and traffic operations and circulation. The project adds the northbound left-turn lane and a northbound/southbound crosswalk at 3rd St/Auburn Ave, and improves operations at 4th St/Auburn Way N. Page:3 Page 20 of 75 Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2107 M&O Facility Improvements $3,148,000 QTR 1 (JAN- QTR 1 (JAN- Lauren Kirk Bids were opened on Page & Beard GenCap Phase 1 MAR) MAR) February 20, 2025. The Architects Construction City received four total The project involves expanding 25 26 bids and awarded the Auburn's maintenance building contract to lowest with a six-bay vehicle shop, responsive bidder, restrooms, office space, and a GenCap Construction uniform closet. It includes a new Corp., on March 12, fire sprinkler system, plumbing, 2025. HVAC, and electrical upgrades. Site work includes reconfiguring Construction work is parking, removing a planter, anticipated to begin in grading, adding structural fill, May 2025. and adjusting utilities (stormwater, water, sewer)to accommodate the addition. CP2022 Garden Avenue Realignment $2,273,000 QTR 1 (JAN- QTR 4 (OCT- Kim Truong Construction is N/A Diversified MAR) DEC) underway. Holdings The project will create a new east/west connection between 25 25 Garden Ave (102nd Ave SE) and 104th Ave SE and remove the existing Garden Ave connection to 8th St NE and replace it with a permanent cul- de-sac. The project will also demolish an existing building and acquire the ROW needed for the roadway. Utility improvements include storm drainage needed to support the roadway surface; approx. 1500 ft of new/replaced watermain; and approx. 220 ft of sewer line. CP2021 Well 4 Facility Improvements $1,095,000 QTR 3 (JUL- QTR 2 (APR- Nahom Construction is Carollo General SEP) JUN) Kahsay underway. Mechanical, The project includes a Inc. comprehensive investigation and 24 25 evaluation of the well operation and includes the replacement of aging mechanical and electrical components. Page:4 Page 21 of 75 Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP1622 Auburn Way South $14,750,000 QTR 1 (JAN- QTR 2 (APR- Jeffrey Bids were opened on Parametrix Miles Improvements - Hemlock St MAR) JUN) Bender January 30, 2025. The Resources SE to Poplar St SE Includes City received 9 total bids Federal & 25 26 and awarded the contract Roadway widening to create a State Grant to lowest responsive five-lane cross section with two Funds bidder, Miles Resources, general purpose travel lanes in on February 13, 2025. each direction, and a two-way center left-turn lane. Construction work is Additionally, curb and gutter, 10 anticipated to begin in foot sidewalks, illumination, March 2025. transit stop improvements, storm water improvements, water main extension, and access management (where feasible) with accommodation for U-turns are proposed. Construction Number of Projects Total Budget Projects Summary 12 $40,048,000 Page:5 Page 22 of 75 'Design Projects I Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2501 Neighborhood Traffic Safety $500,000 QTR 3 (JUL- QTR 3 (JUL- Samim Design is underway. N/A TBD and Pedestrian Accessibility SEP) SEP) Qayoomi The project will improve safety 25 25 and pedestrian accessibility on local residential streets by installing speed cushions, speed limit signs, and sidewalk repairs at numerous locations throughout the City. CP2425 C Street SW Preservation $1,928,000 QTR 2 (APR- QTR 4 (OCT- Shelbi Design survey is N/A TBD (GSA Signal to Ellingson JUN) DEC) Moyer complete. Road SE) Includes Federal Grant 26 26 Design is underway. The project will grind and Funds overlay C Street SW from the GSA signal (approximately 2,000 feet to the south of 15th Street SW)to Ellingson Road SE. The project also includes ADA upgrades to curb ramps and pedestrian push buttons, and replacement vehicle detection. Page:6 Page 23 of 75 Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2424 1st Street NE/NW& Division $720,000 QTR 2 (APR- QTR 4 (OCT- Shelbi Design survey is N/A TBD Street Ped Improvements JUN) DEC) Moyer complete. Includes The project will implement non- Federal Grant 26 26 Design is underway. motorized improvements at the Funds 1st Street NE/NW/N Division Street intersection in downtown Auburn. The proposed improvements will create a raised intersection to reinforce slow speeds, and encourage motorists to yield to pedestrians using the crosswalks; add curb bulbs where they are not currently provided to reduce crossing distances and improve pedestrian visibility; construct new ADA complaint ramps; and lighting improvements CP2423 125 E Main Street Demolition $450,000 QTR 2 (APR- QTR 3 (JUL- Samim Design is underway. N/A TBD JUN) SEP) Qayoomi This project will demolish the building at 125 East main Street 25 25 in preparation for the construction of the downtown park adjacent to the future theater. CP2420 Hazelwood Elementary $42,000 QTR 2 (APR- QTR 2 (APR- Seth Design is underway and N/A TBD Crossing Retrofit JUN) JUN) Wickstrom is 90% complete. Replace the existing HAWK 25 25 beacon system with an RRFB at the intersection of SE 304th St and 118th Ave SE. Page:7 Page 24 of 75 Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2418 2026 Local Street $4,821,000 QTR 1 (JAN- QTR 3 (JUL- Aleksey Consultant selection TBD TBD Preservation Project MAR) SEP) Koshman process is underway. The project includes upgrades to 26 26 streets, stormwater, sewer, and water systems across three sites. Improvements involve pavement reconstruction, sidewalk and curb replacements, storm pipe upgrades, and water main replacements. Additional work includes updating speed cushions, installing new catch basins, and upsizing stormwater and sewer mains. CP2414 Auburn Downtown Theater $12,000,000 QTR 1 (JAN- QTR 4 (OCT- Matt Larson Design is underway. OTAK TBD MAR) DEC) This project will construct a 290- Includes State 300 seat performing arts theater Grant Funds 26 26 to replace the recently demolished Auburn Ave Theater. CP2413 Reservoir 2 Seismic Control $1,000,000 QTR 2 (APR- QTR 2 (APR- Aleksey Parametrix, Inc. has been Parametrix TBD Valve JUN) JUN) Koshman selected as the design Includes consultant for this project. Replace 2 valves, add seismic Federal Grant 25 26 Consultant contract control, add new SCADA panel Funds negotiations are at site. underway. It is anticipated that design work will begin in March 2025. Page:8 Page 25of75 Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2412 2025 Local Street $3,068,000 QTR 2 (APR- QTR 4 (OCT- Shelbi Design is underway and KPG Psomas TBD Preservation JUN) DEC) Moyer is 60% complete. The project will reconstruct the 25 25 pavement, replace ADA ramps at M St SE and 33rd St SE as needed, replace ADA ramps at O St SE and 33rd St SE, construct a receiving ramp on North side of 33rd St SE at 0 St SE intersection, replace traffic palming devices, and replace the sidewalk/curb &gutter where damaged. Utility needs for the project include water main replacement on 33rd St SE and O St SE, and storm main upgrades. CP2411 Lea Hill ITS Expansion Project $600,000 QTR 1 (JAN- QTR 2 (APR- Samim Design is underway and N/A TBD MAR) JUN) Qayoomi is 60% complete. The purpose of this project is to provide fiberoptic cable 25 25 connectivity between the existing ITS cabinet on the roundabout at 124th Ave SE/SE 304th Street and the existing traffic signal controller cabinet at the 132nd Ave SE/SE 304th Street. CP2410 112th Place SE Water Main $2,180,000 QTR 2 (APR- QTR 3 (JUL- Lauren Kirk Design is underway and Consor TBD Replacement JUN) SEP) is 60% complete. Replace existing 6" cast iron 25 25 watermain with 8" ductile iron watermain. Includes storm drainage improvements. Page: age 26 of 75 Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2404 12th St SE and Auburn Way S $796,000 QTR 2 (APR- QTR 4 (OCT- Nahom Design is underway and N/A TBD Water Repair and JUN) DEC) Kahsay is 90% complete. Replacement 25 25 This project will repair a water valve in 12th St SE and replace sections of distribution mains with 12-inch ductile iron Including appurtenances. Project also includes storm drainage improvements upsizing existing 8" concrete storm pipes with 12" PVC. CP2403 Well 4 Electrical $1,050,000 QTR 3 (JUL- QTR 4 (OCT- Nahom Design is underway and Carollo TBD Improvements SEP) DEC) Kahsay is 60% complete. This project will provide 25 25 electrical improvements to the existing Well 4 facility CP2402 2024 Sewer Repair and $600,000 QTR 2 (APR- QTR 4 (OCT- Nahom Design is underway and N/A TBD Replacement JUN) DEC) Kahsay is 60% complete. This project repairs and/or 25 25 replaces sewer infrastructure at various location throughout Auburn. CP2336 2024 Storm Pipeline $826,000 QTR 2 (APR- QTR 4 (OCT- Lauren Kirk Design is underway and N/A TBD Extension Program JUN) DEC) is 60% complete. This project extends existing 25 25 stormwater conveyance systems at various locations throughout Auburn to alleviate localized surface water accumulations. Page: 10 Page 27 of 75 Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2335 AWOS, Beacon & Emergency $1,209,000 QTR 3 (JUL- QTR 4 (OCT- Seth Design is complete and Century West TBD Generator SEP) DEC) Wickstrom this project was Includes advertised for bids on The project will construct a new Federal & 25 25 March 7, 2025. Bid Automated Weather Observing State Grant opening is scheduled on System (AWOS), replace the Funds April 2, 2025. Airport beacon, and install a new standby generator. The AWOS is a group of instruments that continuously measures and reports weather data that will be used by pilots. The beacon is a bright light that helps pilots locate the Airport at night and will be replaced due to its age and deteriorating condition. A standby generator will provide backup electrical service during power outages. CP2332 Lea Hill Safe Routes to $997,000 QTR 2 (APR- QTR 4 (OCT- Seth Design is underway and BCRA TBD Schools JUN) DEC) Wickstrom is 90% complete. Includes State Complete sidewalk gaps and Grant Funds 25 25 install enhanced crosswalks on SE 304th Street and 124th Ave SE. CP2331 1st Street NE and R St NE $450,000 QTR 2 (APR- QTR 3 (JUL- Seth Preliminary design N/A TBD Sewer Replacement JUN) SEP) Wickstrom concepts are being developed and evaluated. Replace approximately 500 LF 25 25 of sewer main located along the back yard property lines of residential properties between 1st Street NE and 2nd Street NE, east of R Street NE. Page: 11 Page 28 of 75 Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2328 A Street SE Preservation (37th $2,034,000 QTR 1 (JAN- QTR 3 (JUL- Aleksey Design is underway and N/A TBD St SE to Lakeland Hills Way) MAR) SEP) Koshman is 90% complete. Includes The project will grind and Federal Grant 25 25 overlay A Street SE from 37th Funds Street SE to the intersection with Lakeland Hills Way. The project also includes ADA upgrades to curb ramps, pedestrian push buttons, replacement of vehicle detection at signalized intersections and channelization. CP2321 Downtown Infrastructure $4,700,000 QTR 2 (APR- QTR 1 (JAN- Matt Larson Design is complete and Otak TBD Improvements JUN) MAR) the design team is Includes finalizing the construction This project will construct County Grant 25 26 plans and other contract infrastructure improvements in Funds documents. Downtown Auburn that will It is anticipated that this support existing development project will be advertised and future re-development for bids in March 2025. activities and to replace infrastructure that is at or near the end of its useful service life. The project also completed the preliminary schematic design of the replacement Auburn Ave Theater. CP2319 Lea Hill Road/104th Avenue $4,377,000 QTR 4 (OCT- QTR 4 (OCT- Jeffrey Design is underway and Consor TBD SE Roundabout DEC) DEC) Bender is 30% complete. Includes The project will construct a Federal Grant 27 28 Environmental permitting single lane roundabout at the Funds process is underway. Lea Hill Road intersection with 104th Avenue SE. The roundabout will replace the existing span-wire signal. The project is needed to improve traffic operations and safety at the intersection. Additionally the existing water mains will be replaced. Page: 12 Page 29 of 75 Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2313 Auburn Way South $150,000 QTR 3 (JUL- QTR 4 (OCT- Jeffrey Design is underway and Parametrix TBD Roundabout Center Design SEP) DEC) Bender is 99% complete. In partnership with the 25 25 Muckleshoot Indian Tribe, the project is installing enhancements to the center island of the roundabout on Auburn Way South at Chinook Elementary. The enhancements will include artwork and lighting. CP2311 E Valley Hwy Widening $11,361,000 QTR 1 (JAN- QTR 4 (OCT- Lauren Kirk Design is underway and Jacobs TBD MAR) DEC) is 15% complete. The project will widen E Valley Includes Hwy between Lakeland Hills Federal Grant 28 29 Way and Terrace View Drive to Funds a four-/five-lane roadway. The project will include a trail along the east side, lighting, intersection and storm improvements. CP2308 R Street SE/21st Street SE $2,980,000 QTR 1 (JAN- QTR 4 (OCT- Kim Truong Design is underway and HDR, Inc. TBD Roundabout MAR) DEC) is 30% complete. Includes The project will construct a Federal Grant 26 26 single lane roundabout at the Funds intersection of R Street SE and 21st Street SE. CP2211 49th Street NE (Auburn Way N $1,531,000 QTR 2 (APR- QTR 4 (OCT- Steven Design is underway and BCRA TBD to D Street NE) JUN) DEC) Sturza is 90% complete. The project will complete the 25 25 Property acquisition buildout of 49th Street NE process is underway. between Auburn Way N and D Street NE. The project will widen the roadway, where required, to provide a sidewalk and separated trail. Page: 13 Page 30 of 75 Project Project Name & Description Estimated Construction Construction Project Recent Progress Design Contractor Number Project Costs Start Finish Manager Consultant CP2210 M Street NE Widening (Main to $6,923,000 QTR 1 (JAN- QTR 1 (JAN- Nahom Design is underway. KPG Psomas TBD 4th Street NE) MAR) MAR) Kahsay The project will widen M Street 26 27 NE to a 4/5 lane section between Main Street and 4th Street NE. The project will also replace the signal at Main/M Street. CP2116 R Street SE Widening -22nd $12,432,000 QTR 1 (JAN- QTR 4 (OCT- Kim Truong Design is underway and HDR TBD St SE to 33rd St SE MAR) DEC) is 60% complete. Property acquisition The project will provide roadway 27 27 process is underway. and utility improvements along R Street SE from 33rd St SE to 22nd St SE. Improvements include adding a second southbound lane to address level of service deficiencies, street lighting and a non- motorized multi-use path. CP2009 Rainier Ridge Pump Station $9,981,000 QTR 2 (APR- QTR 3 (JUL- Nahom Design is underway and Kennedy TBD JUN) SEP) Kahsay is 60% complete. Jenks This project will replace the Rainier Ridge Sewer Pump 25 26 Station and its associated force main (approximately 725 ft). Design Number of Projects Total Budget Projects Summary 28 $89,706,000 Page: 14 Page 31 of 75 CITY OF } jJJ31JJ? ts4 AGENDA BILL APPROVAL FORM WASHINGGTTON Agenda Subject: Meeting Date: Ordinance No. 6972 (Krum) (15 Minutes) March 24, 2025 An Ordinance amending Sections 16.06.020, 16.06.055 and 16.06.130 and adding Sections 16.06.085 and 16.06.095 of the Auburn City Code relating to the State Environmental Policy Act Department: Attachments: Budget Impact: Community Development SEPA Code Update Presentation, Ordinance No. 6972, Exhibit 1 Chapter 16.06 ACC Code Updates, MBAKS Comment Letter dated 02 27 2025 Administrative Recommendation: For discussion only. Background for Motion: Background Summary: The Washington State Legislature has recognized the need to reduce when State Environmental Policy Act (SEPA) is utilized, and in response developed SEPA categorical exemptions to remove projects below a specified number of units from being required to undergo SEPA review. WAC 197- 11-800 gives local jurisdictions the option to adopt new thresholds for SEPA exemptions for minor new construction, which in turn helps to streamline the permitting process and lower costs to developers by allowing certain projects (particularly multiplex residential units) to be built without triggering a SEPA review. Staff is proposing to amend Sections 16.06.020, 16.06.055 and 16.06.130 and add Sections 16.06.085 and 16.06.095 of the Auburn City Code to comply with Washington State's new thresholds of SEPA exemptions. Councilmember: Tracy Taylor Staff: Jason Krum Page 32 of 75 CITY COUNCIL AUBURN STUDY SESSION VALUES STATE ENVIRONMENTAL POLICY SERVICE ACT (SEPA) CODE UPDATE ENVIRONMENT ECONOMY PRESENTED BY CHARACTER DINAH REED, SENIOR PLANNER SUSTAINABILITY MARCH 24, 2025 WELLNESS CELEBRATION Department of Community Development Planning • Building • Development Engineering • Permit Center Economic Development • Code Enforcement Page 33 of 75 BACKGROUND AND PURPOSE WA State Environmental Policy Act (SEPA) was enacted in 1971 . SEPA was developed to recognize and evaluate the environmental or public health impacts of construction , proposed regulations, policies, and private projects. ■ Over the past several years local jurisdictions have been required to enact their own regulations focused on environmental protection, such as: Growth Management Act (GMA) Critical Areas regulations Stormwater Management Floodplain regulations The Shoreline Master Plan SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 34 of 75 BACKGROUND & PURPOSE ■ Projects with potentially adverse environment impacts typically require additional studies to provide where and how mitigation is needed to offset adverse impacts. ■ The studies and/or reports that may be required include: Traffic Impact Assessment (TIA) Geotechnical Report Wetland Delineations Floodplain permits International Building Code standards Performance Standards in the Zoning Code: Lighting, Landscaping SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 35 of 75 BACKGROUND & PURPOSE Additional reports and studies provide substantial information for project review. WA State Legislature recognized the need to reduce the use of SEPA for many projects. Therefore, categorical exemptions were updated by the State to remove projects below a specified number of units from undergoing SEPA review. WAC 197-11 -800 gives local jurisdictions the option to adopt new thresholds for SEPA exemptions for minor new construction . SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 36 of 75 BACKGROUND & PURPOSE Streamlines the permitting process (essential with the new timelines) . Helps to lower costs to developers, particularly for developments that are Multifamily Residential, including Middle Housing, Apartments and Townhomes. The City will continue to retain the authority to require SEPA review in cases when the responsible official determines that a proposal has reasonable likelihood of causing more than a moderate adverse impact on environmental quality. SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 37 of 75 SUMMARY OF CODE CHANGES Proposed Revised/Amended Sections: 16 . 06 . 020 — Code that is adopted by reference sections in Chapter 197- 11 WAC 16 . 06 . 055 — Categorical Exemptions 16 . 06 . 130 — Substantive authority Proposed Additional Sections: 16 . 06 . 085 — Planned Actions 16 . 06 . 095 — Optional Determination of Non -Significance Process SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 38 of 75 CATEGORICAL EXEMPTIONS - REVISE ACC 16 . 06 . 055 For construction or location of single- unit residential dwelling units (formerly known as single family residential units) WAC 197-11 -800 ( 1 ) : 20 30 dwelling units or less or 100 single- unit residential dwelling units where each is less than 1 , 500 square feet. 2 For construction or location of Multifamily residential units ( Middle Housing, Apartments and Townhomes) in WAC 197-11 -800 ( 1 ) (d ) : 200 units or less. SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 39 of 75 CATEGORICAL EXEMPTIONS - REVISE ACC 16 . 06 . 055 3 For office, school, commercial, recreational, service or storage buildings in WAC 197-11 -800 ( 1 ) : buildings of 12, 000 30,000 square feet or less and with associated parking facilities designed for 4f)- 90 or less automobiles. 4 For parking lots not associated with a structure in WAC 197-11 -800 ( 1 ) : 4-0- 90 or fewer automobile parking spaces. For fill or excavations in WAC 197-11 -800 ( 1 ) : 500 1 ,000 cubic yards or less. SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 40 of 75 SUBSTANTIVE AUTHORITY REVISE ACC 16 . 06 . 130 The revisions in this section comply with updated names of the : Auburn Transportation Program (six-year street plan) Auburn Capital Facilities Plan (Auburn Capital Improvements Plan) Energy Management Plan is no longer relevant and removed . Auburn comprehensive plan and related reports and studies outlined in "Appendix B" "all Appendices and Supplementary Reports". SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 41 of 75 CODE ADDITION , PLANNED ACTIONS - ACC 16 . 06 . 085 Planned Actions are typically used for geographically larger area projects such as Sub-Area Plans or Master Plans which require an Environmental Impact Statement ( EIS) that addresses the entire area . The City of Auburn has used Planned Actions, such as for the Downtown Plan . Therefore, this Section needs to be added and codified . SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 42 of 75 CODE ADDITION , ODNS PROCESS - ACC 16 . 06 . 095 The OPTIONAL DETERMINATION OF NON -SIGNIFICANCE process is also used by the Planning staff for minor projects with no environmentally adverse impacts. Therefore, this Section needs to be added and codified . SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 43 of 75 AUBURN VALUES THANK YOU ! SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Department of Community Development Planning • Building • Development Engineering • Permit Center Economic Development • Code Enforcement Page 44 of 75 ORDINANCE NO. 6972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 16.06.020, 16.06.055 AND 16.06.130 AND ADDING SECTIONS 16.06.085 AND 16.06.095 OF THE AUBURN CITY CODE RELATING TO THE STATE ENVIRONMENTAL POLICY ACT WHEREAS, the Washington State Legislature has developed State Environmental Policy Act (SEPA) categorical exemptions under WAC 197-11-800 to remove projects below a specified number of units from being required to go under SEPA review. WHEREAS, WAC 197-11-800 gives local jurisdictions the option to adopt new thresholds for SEPA exemptions for minor new construction. WHEREAS, in accordance with ACC 14.03.060 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, to include amendments to the text. WHEREAS, pursuant to Revised Code of Washington (RCW) 36.70A that a text amendment shall be amended with public participation. WHEREAS, Pursuant to Revised Code of Washington (RCW) 36.70A, the draft SEPA code text amendments were transmitted to the Washington State Department of Commerce on February 5, 2025. The 60-day notice period ended March 7, 2025; and WHEREAS, a Notice of Public Hearing (NOH) was issued on February 21, 2025. Pursuant to Chapter 18.68 ACC, the noticing for the Planning Commission public hearing was published in the Seattle Times on February 21, 2025, and the NOH was posted in three general public locations (City Hall, City Annex, and the City's Public Land Use Notice webpage). Ordinance No. 6972 March 24, 2025 Page 1 of 3 Rev. 2025 Page 45 of 75 WHEREAS, the City of Auburn Planning Commission scheduled and held a public meeting on February 19, 2025 for the purposes of staff presentations and discussion on the various components of the text amendments; and WHEREAS, the Planning Commission scheduled and held a public hearing on March 4, 2025, to receive public testimony on the proposed text amendments; and WHEREAS, the Auburn City Council finds it appropriate and in the best interest of the City to adopt the SEPA text amendments to Chapter 16.06 ACC; and WHEREAS, the Auburn City Council determines that the adoption of the Chapter 16.06 ACC text amendments meet the criteria set forth in the Auburn City Code and all other applicable legal criteria; and WHEREAS, the Auburn City Council determines that the Chapter 16.06 ACC text amendments are consistent with WAC 197-11-800; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Adoption of Chapter 16.06 ACC text amendments. The City of Auburn amended Sections 16.06.020, 16.06,055, 16.06.130, 16.06.085 and 16.06.095, set forth in Exhibit 1, is on file with the office of the City Clerk is adopted and is available for inspection therein. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person Ordinance No. 6972 March 24, 2025 Page 2 of 3 Rev. 2025 Page 46 of 75 or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney Published: Ordinance No. 6972 March 24, 2025 Page 3 of 3 Rev. 2025 Page 47 of 75 Chapter 16.06 ENVIRONMENTAL REVIEW PROCEDURES Sections: 16.06.010 Authority. 16.06.020 Adoption by reference. 16.06.030 Additional defmitions. 16.06.040 Responsible official designated. 16.06.050 Timing of environmental review. 16.06.055 Categorical exemptions. 16.06.060 Determination of categorical exemption. 16.06.065 Environmentally sensitive areas. 16.06.070 Environmental checklist required. 16.06.080 Environmental impact statement. 16.06.085 Planned Actions 16.06.090 Public notice. 16.06.095 Optional Determination of Non-Significance(ODNS)Process 16.06.100 Internal circulation of environmental documents. 16.06.110 Timing of decision on nonexempt action. 16.06.120 Authority to condition or deny proposals. 16.06.130 Substantive authority. 16.06.200 City responsibilities as consulted agency. 16.06.210 Use of non-SEPA documents. 16.06.220 Environmental appeals. 16.06.230 Time limitation on appeals. 16.06.240 Fee to accompany notice of appeal. 16.06.250 Notice of hearing. 16.06.260 Hearing. 16.06.270 Testimony—Recording. 16.06.300 Substantial weight—Burden of proof. 16.06.310 Decision of the hearing examiner. 16.06.320 Dismissal of appeal. 16.06.330 City council review—Limitations for appeals. 16.06.340 Violation—Penalty. Prior legislation: Ords.4009,4054,4351,4504,4792. The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 48 of 75 16.06.010 Authority. The ordinance codified in this chapter is adopted under the authority of the State Environmental Policy Act (SEPA),RCW 43.21C.120,and the SEPA Rules,WAC 197-11-904, including any amendments thereto. (Ord. 4840§ 1, 1996.) 16.06.020 Adoption by reference. The following sections of Chapter 197-11 WAC,including any amendments thereto,are adopted by reference as if fully set forth herein: WAC 197-11-040 Definitions. 197-11-050 Lead agency. 197-11-055 Timing of the SEPA process. 197-11-060 Content of environmental review. 197-11-070 Limitations on actions during SEPA process. 197-11-080 Incomplete or unavailable information. 197-11-090 Supporting documents. 197-11-100 Information required of applicants. 197-11-164 Planned actions—Definition and criteria. 197-11-172 Planned Actions—Proiect Review 197-11-300 Purpose of this part. 197-11-305 Categorical exemptions. 197-11-310 Threshold determination required. 197-11-315 Environmental checklist. 197-11-330 Threshold determination process. 197-11-335 Additional information. 197-11-340 Determination of nonsignificance (DNS). 197-11-350 Mitigated DNS. 197-11-355 Optional DNS process 197-11-360 The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 49 of 75 Determination of significance(DS)/ initiation of scoping. 197-11-390 Effect of threshold determination. 197-11-400 Purpose of EIS. 197-11-402 General requirements. 197-11-405 EIS types. 197-11-406 EIS timing. 197-11-408 Scoping. 197-11-410 Expanded scoping. 197-11-420 EIS preparation. 197-11-425 Style and size. 197-11-430 Format. 197-11-435 Cover letter or memo. 197-11-440 EIS contents. 197-11-442 Contents of EIS on nonproject proposals. 197-11-443 EIS contents when prior nonproject EIS. 197-11-444 Elements of the environment. 197-11-448 Relationship of EIS to other considerations. 197-11-450 Cost-benefit analysis. 197-11-455 Issuance of DEIS. 197-11-460 Issuance of FEIS. 197-11-500 Purpose of this part. 197-11-502 Inviting comment. 197-11-504 Availability and cost of environmental documents. 197-11-508 SEPA register. 197-11-510 Public notice. 197-11-535 Public hearings and meetings. 197-11-545 Effect of no comment. 197-11-550 Specificity of comments. 197-11-560 FEIS response to comments. 197-11-570 Consulted agency costs to assist lead agency. The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 50 of 75 197-11-600 When to use existing environmental documents. 197-11-610 Use of NEPA documents. 197-11-620 Supplemental environmental impact statement—Procedures. 197-11-625 Addenda—Procedures. 197-11-630 Adoption—Procedures. 197-11-635 Incorporation by reference— Procedures. 197-11-640 Combining documents. 197-11-650 Purpose of this part. 197-11-655 Implementation. 197-11-660 Substantive authority and mitigation. 197-11-680 Appeals. 197-11-700 Definitions. 197-11-702 Act. 197-11-704 Action. 197-11-706 Addendum. 197-11-708 Adoption. 197-11-710 Affected tribe. 197-11-712 Affecting. 197-11-714 Agency. 197-11-716 Applicant. 197-11-718 Built environment. 197-11-720 Categorical exemption. 197-11-722 Consolidated appeal. 197-11-724 Consulted agency. 197-11-726 Cost-benefit analysis. 197-11-728 County/city. 197-11-730 Decision maker. 197-11-732 Department. 197-11-734 Determination of nonsignificance (DNS). 197-11-736 Determination of significance(DS). 197-11-738 EIS. 197-11-740 Environment. The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 51 of 75 197-11-742 Environmental checklist. 197-11-744 Environmental document. 197-11-746 Environmental review. 197-11-748 Environmentally sensitive area. 197-11-750 Expanded scoping. 197-11-752 Impacts. 197-11-754 Incorporation by reference. 197-11-756 Lands covered by water. 197-11-758 Lead agency. 197-11-760 License. 197-11-762 Local agency. 197-11-764 Major action. 197-11-766 Mitigated DNS. 197-11-768 Mitigation. 197-11-770 Natural environment. 197-11-772 NEPA. 197-11-774 Nonproject. 197-11-776 Phased review. 197-11-778 Preparation. 197-11-780 Private project. 197-11-782 Probable. 197-11-784 Proposal. 197-11-786 Reasonable alternative. 197-11-788 Responsible official. 197-11-790 SEPA. 197-11-792 Scope. 197-11-793 Scoping. 197-11-794 Significant. 197-11-796 State agency. 197-11-797 Threshold determination. 197-11-799 Underlying governmental action. 197-11-800 Categorical exemptions. 197-11-880 Emergencies. 197-11-890 Petitioning DOE to change exemptions. The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 52 of 75 197-11-900 Purpose of this part. 197-11-902 Agency SEPA policies. 197-11-916 Application to ongoing actions. 197-11-920 Agencies with environmental expertise. 197-11-922 Lead agency rules. 197-11-924 Determining the lead agency. 197-11-926 Lead agency for governmental proposals. 197-11-928 Lead agency for public and private proposals. 197-11-930 Lead agency for private projects with one agency with jurisdiction. 197-11-932 Lead agency for private projects requiring licenses from more than one agency,when one of the agencies is a county/city. 197-11-934 Lead agency for private projects requiring licenses from a local agency,not a county/city,and one or more state agencies. 197-11-936 Lead agency for private projects requiring licenses from more than one state agency. 197-11-938 Lead agencies for specific proposals. 197-11-940 Transfer of lead agency status to a state agency. 197-11-942 Agreements on lead agency status. 197-11-944 Agreements on division of lead agency duties. 197-11-946 DOE resolution of lead agency disputes. 197-11-948 Assumption of lead agency status. 197-11-960 Environmental checklist. 197-11-965 Adoption notice. 197-11-970 Determination of nonsignificance (DNS). 197-11-980 Determination of significance and scoping notice(DS). The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 53 of 75 197-11-985 Notice of assumption of lead agency status. 197-11-990 Notice of action. (Ord.6382§ 1,2011;Ord.4840§ 1, 1996.) 16.06.030 Additional definitions. In addition to those definitions contained within WAC 197-11-700 through 197-11-799,the following words and terms shall have the following meanings,unless the context indicates otherwise: "Advisory body"means any body established by ordinance of the city council,whose responsibilities include the review of development proposals for the purpose of making recommendations to the city council. "Aquifer recharge areas"means areas which recharge aquifers that are a source of drinking water vulnerable to contamination that would affect the portability of the water. These areas include: sole source aquifer recharge areas and wellhead protection areas designated pursuant to the Federal Safe Drinking Water Act;areas established for special protection pursuant to a ground water management program as described by Chapters 90.44,90.48 and 90.54 RCW and Chapters 173-100 and 173-200 WAC; and any other area meeting the definition of"areas with a critical recharging effect on aquifers used for potable water"as described in Chapter 365-190 WAC and the Auburn comprehensive plan. "Department"means any division, subdivision or organizational unit of the city established by ordinance, rules,or order. "Development"means the rezoning of property,the subdivision of land,the construction of buildings,or any physical alteration of the land which is subject to city approval and to the requirements of SEPA. "Fish and wildlife habitat conservation areas"means lands which are important for the maintenance of fish and wildlife species in suitable habitats within the natural geographic distribution of the species. These areas include: areas with which endangered,threatened and sensitive species have a primary association;habitats and species of local importance;waters of the state;waters planted with game fish;and any other area meeting the defmition of"fish and wildlife habitat conservation areas"as described in Chapter 365-190 WAC and the Auburn comprehensive plan. "Frequently flooded areas"means lands in the floodplain subject to a one percent or greater chance of flooding in any given year. These areas include: streams,rivers,lakes,wetlands and any other area meeting the definition of"frequently flooded areas"as described in Chapter 365-190 WAC and the Auburn comprehensive plan. The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 54 of 75 "Geologically hazardous areas"means areas that because of their susceptibility to erosion, sliding, earthquake or other geological events, are not suited to siting commercial,residential or industrial development consistent with public health or safety concerns. These areas include: 1. Erosion hazard areas: areas identified by the USDA Soil Conservation Service as having a severe rill and inter-rill erosion hazard; 2. Landslide hazard areas: areas potentially subject to landslides based on a combination of geologic, topographic and hydrologic factors; 3. Seismic hazard areas: areas subject to severe risk or damage as a result of earthquake induced ground shaking, slope failure,settlement, soil liquefaction or surface faulting; 4. Other geologic hazard areas: areas subject to volcanic activity and areas underlain by,adjacent to,or affected by mine workings; and 5. Any other area meeting the definition of"geologically hazardous areas"as described in Chapter 365- 190 WAC and the Auburn comprehensive plan. "Hearing examiner"means the city hearing examiner as established by Chapter 2.46 ACC. "Ordinance"means an ordinance,resolution, or other procedure used by the city to adopt regulatory requirements. "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 development permits, site plan review,permits or approvals required by critical area ordinances, site specific rezones authorized by the comprehensive plan or a special planning area plan or other subarea plan,but excluding the adoption or amendment of a comprehensive plan, or a special area plan, subarea plan, or development regulations except as otherwise specifically included in this chapter. "Regulations"includes regulations referenced in this chapter as well as development regulations as defined in RCW 36.70A.030 of the Growth Management Act. "Wetlands"means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support,and that under normal circumstances do support,a prevalence of vegetation typically adapted for life in saturated soil conditions.Wetlands generally include swamps,marshes,bogs and similar areas.Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including,but not limited to,irrigation and drainage ditches,grass-lined swales,canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities.However,wetlands do include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands,if permitted and required by the county or city.Artificial wetlands created from nonwetland areas for purposes of The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 55 of 75 wildlife enhancement,education, aesthetic or similar reasons,when not part of a compensatory(required) mitigation project, are not included within the wetland definition. "SEPA"means Chapter 43.21C RCW. "SEPA rules"means Chapter 197-11 WAC adopted by the Department of Ecology. (Ord.4840§ 1, 1996.) 16.06.040 Responsible official designated. The director of the Auburn department of planning and development,or designee, shall be the SEPA responsible official for the city and shall carry out the duties and functions of the city when it is acting as the lead agency or as a consulted agency under SEPA and the SEPA rules. (Ord.6287§2,2010;Ord.4840§ 1, 1996.) 16.06.050 Timing of environmental review. When a project permit application is filed with the city of Auburn the city shall analyze the permit's environmental impacts in one project review process as provided in the Auburn City Code,hereinafter referred to as"ACC,"Title 14. The environmental review shall be integrated with and be processed concurrently with the attendant project permit application. (Ord.4840§ 1, 1996.) 16.06.055 Categorical exemptions. A. The city of Auburn adopts by reference WAC 197-11-300 and 197-11-800.In addition,thereto,Auburn establishes the following exempt levels for minor new construction under WAC 197-11-800(1)based on local conditions: 1. For construction or location of single-unit residential dwelling units in WAC 197-11-800(1)(bd)(i): 2030 dwelling units or less or 100 single-unit residential dwelling units where each is less than 1,500 square feet. 2. For construction or location of Multifamily residential units(Middle Housing.Apartments and Townhomes)in WAC 197-11-800(1)(d)): 200 units or less. 23. For office,school,commercial,recreational, service or storage buildings in WAC 197-11- 800(1)(bd)(iii):buildings of-I-200030,000 square feet or less and with associated parking facilities designed for 40-90 or less automobiles. The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 56 of 75 34. For parking lots not associated with a structure in WAC 197-11-800(l)(k vd):490 or fewer automobile parking spaces. 45. For fill orb excavations in WAC 197-11-800(1)(bd)(v):5001,000 cubic yards or less. B. Whenever the city establishes new exempt levels under this section,it shall send them to the Department of Ecology,Headquarters Office,Olympia,Washington under WAC 197-11-800(1)(c). (Ord.5908§ 1,2005;Ord. 5727§ 1,2003.) 16.06.060 Determination of categorical exemption. A. The city department which receives an application for a proposal,or initiates a proposal which is potentially subject to the environmental review requirements of SEPA,shall request the responsible official or the responsible official's designee to make the following determinations: 1. Whether the proposal is an"action"as defined by WAC 197-11-704;and 2. If the proposal is an"action,"whether it is categorically exempt from the requirements of SEPA; and 3. If the proposal is a nonexempt action,whether appropriate environmental review of the project has been conducted or commenced. B. The responsible official or the responsible official's designee shall be responsible for making the final decision required by this section. C. The city recognizes that the list of categorical exemptions included in the SEPA rules cannot be relied upon as the fmal determination of when a proposed project,regardless of its environmental impact,must comply with SEPA and this chapter. Where the responsible official determines that a proposal has a reasonable likelihood of causing more than a moderate adverse impact on environmental quality,whether that impact is direct,indirect or cumulative,environmental review under SEPA shall be conducted. D. It is recognized that a particular development or land use,although otherwise consistent with city regulations and policies,may create adverse impacts upon facilities,services,natural systems or the surrounding area when aggregated with the impacts of prior or reasonably anticipated future developments. The city shall evaluate such cumulative environmental impacts and make its environmental determinations and substantive decisions accordingly. (Ord.4840§ 1, 1996.) The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 57 of 75 16.06.065 Environmentally sensitive areas. A. The following areas of the environment are designated as environmentally sensitive areas pursuant to RCW 36.70A.060 and WAC 197-11-908: 1. Aquifer recharge areas; 2. Fish and wildlife habitat conservation areas; 3. Frequently flooded areas; 4. Geologically hazardous areas; and 5. Wetlands. B. Within each of these environmentally sensitive areas,the responsible official shall implement city codes, ordinances,resolutions,plans and policies to conserve these areas and to preclude land uses and development which cause significant adverse impacts to these areas. C. The city's"critical area maps"provides the general location of environmentally sensitive areas within the city and is adopted by this reference as if fully set forth in this chapter. Site specific studies will be needed to identify the precise location and to assess the characteristics of the environmentally sensitive area.Whenever there is evidence of an environmentally sensitive area located within or in proximity to a nonexempt action,the responsible official may require site specific studies to determine the location and characteristics of the environmentally sensitive area,and potential mitigating measures. (Ord.4840§ 1, 1996.) 16.06.070 Environmental checklist required. A. Whenever a department determines that a proposal is a nonexempt action for which appropriate environmental review has not been conducted or commenced,the department shall prepare or shall require the action proponent to prepare and submit an environmental checklist.Upon completion or receipt of a completed environmental checklist,the department shall immediately transmit the following to the responsible official or the responsible official's designee: 1. The original, signed copy of the environmental checklist; and 2. A copy of any completed application form in the department's possession relating to the proposal; and 3. A copy of any project description,conceptual plan or plot plan which may have been prepared or submitted; and 4. Any additional information in the department's possession touching upon the environmental impacts of the proposed action. The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 58 of 75 B. The environmental review process shall begin when an environmental checklist application is received by the responsible official. Incomplete applications shall be returned to the applicant for completion as directed by the responsible official as provided in ACC Title 14. Checklist applications include the completed environmental checklist form together with any site plans,studies or other information needed to adequately review the application. C. A department initiating a nonexempt city action may request that the responsible official or the responsible official's designee assist the department in preparing the necessary environmental checklist. D. The provisions of this section shall not apply when the responsible official and the proponent of a nonexempt action agree in writing that the proposal is likely to have significant adverse environmental impacts, and further agree that an environmental impact statement(EIS)will be prepared. E. The responsible official may determine that the city will complete all or a part of an environmental checklist for a private proposal with its own staff,or may contract with one or more consultants to prepare or assist in preparation of a checklist, and may charge and collect fees from the applicant to cover costs incurred by the city in preparation of the checklist,if either of the following circumstances exist: 1. The city has technical information on a question or questions that is unavailable to the applicant;or 2. The applicant has provided inaccurate or incomplete information on previous proposals or on proposals currently under consideration. F. If fees are to be collected,the applicant shall be advised of the estimated costs,and shall be required to secure payment of such costs prior to the actual preparation of all or part of the environmental checklist. (Ord. 4840§ 1, 1996.) 16.06.080 Environmental impact statement. A. Whenever the responsible official has issued a determination of significance for a nonexempt action,it shall be the responsibility of the individual,corporation,agency or city department initiating or proposing the action to prepare a draft EIS and a final EIS under the supervision of the responsible official. The proposing individual,corporation,agency or department may contract with one or more consultants to prepare or assist in the preparation of an EIS, subject to the approval of the responsible official. Consultants shall be selected based on their expertise and knowledge related to the scoped environmental elements to be analyzed in the EIS documents.Regardless of who is involved in the preparation of an EIS,it is the EIS of the city and the responsible official shall be satisfied that it complies with this chapter,with SEPA and with the SEPA rules before it is issued. B. The responsible official may determine that the city will complete all or a part of an EIS for a private proposal with its own staff,or may contract with one or more consultants to prepare or assist in preparation of The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 59 of 75 an EIS,and may charge and collect fees from the applicant to cover costs incurred by the city in preparation of the EIS,if one or more of the following circumstances exist: 1. The city has technical information on a question or questions that is unavailable to the applicant; 2. The applicant has provided inaccurate or incomplete information on previous proposals or on proposals currently under consideration; 3. The responsible official and the applicant agree that the city will be responsible for completing the EIS. C. If fees are to be collected,the applicant shall be advised of estimated costs;and shall be required to secure payment of such costs prior to the actual preparation of the EIS. D. Prior to the preparation of an EIS the applicant and the city shall enter into a written agreement that shall at a minimum contain who is to prepare the EIS,its estimated cost,and estimated time frame to complete the EIS process. (Ord.4840§ 1, 1996.) 16.06.085 Planned Actions A.The city of Auburn adopted by reference WAC 197-11-172. 16.06.090 Public notice. A. Whenever public notice is required under the SEPA rules,the responsible official shall cause notice to be given in the following manner: 1. By posting the subject property in accordance with the applicable provisions of Chapter 1.27 ACC (site-specific proposals only). B. Additional public notice may be provided for proposals having or potentially having unusually widespread,unique or significant adverse impacts,or for other proposals,at the discretion of the responsible official. C. Where notice is required for a proposed action which has been proposed or initiated by a party other than the city or a city department,the cost of newspaper publication of such notice or notices shall be borne by the city with fees paid by the proponent or applicant. (Ord.5811 §4,2003;Ord.4840§ 1, 1996.) 16.06.095 Optional Determination of Non-Significance Process The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 60 of 75 A.Projects that are. defined as Type II,Type III, and Type IV Decisions;per ACC 14.03.020 and ACC 14.03.030 030 respectively,in which a threshold determination under SEPA is required,may be processed under the Optional DNS process. This includes: 1.-Providing Notice of Application(NOA)in accordance with ACC 14.07 2.—Ensuring consistency with WAC 197-11-355 Optional DNS Process requirements B. If the city as lead agency and has a reasonable basis for determining, significant adverse environmental impacts are unlikely,it may use a single integrated comment period to obtain comments on the Notice of Application and the threshold determination for the proposal. If this process is used,a second comment period will typically not be required at the time the DNS is issued. C. If the lead agency uses the optional DNS process specified in subsection B of this section,the lead agency shall: 1. State on the first page of the Notice of Application that it expects to issue a DNS for the proposal, and that: (a)The optional DNS process is being used; (b)This may be the only opportunity to comment on the environmental impacts of the proposal; (c)The proposal may include mitigation measures under applicable codes,and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and (d)A copy of the subsequent threshold determination for the specific proposal may be obtained upon request(in addition,the lead agency may choose to maintain a general mailing list for threshold determination distribution); 2.List in the Notice of Application the conditions being considered to mitigate environmental impacts,if a mitigated DNS is expected; 3. Comply with the requirements for a Notice of Application and public notice in ACC 14.07: and public notice in RCW 36.70B.110; and 4. Send the Notice of Application and environmental checklist to: The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 61 of 75 (a)Agencies with jurisdiction,the Department of Ecology,affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal: and (b)Anyone requesting a copy of the environmental checklist for the specific proposal(in addition,the lead agency may choose to maintain a general mailing list for checklist distribution). D. If the lead agency indicates on the Notice of Application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application(WAC 197-11-948.) E. The responsible official shall consider timely comments on the Notice of Application and either: 1.Issue a DNS or mitigated DNS with no comment period using the procedures in subsection F of this section: 2.Issue a DNS or mitigated DNS with a comment period using the procedures in subsection F of this section, if the lead agency determines a comment period is necessary: 3. Issue a DS:or 4.Require additional information or studies prior to making a threshold determination. F. If a DNS or mitigated DNS is issued under subsection(E)(1)of this section,the lead agency shall send a copy of the DNS or mitigated DNS to the WA State Depaitinent of Ecology,agencies with jurisdiction,those who commented,and anyone requesting a copy.A copy of the environmental checklist need not be recirculated. 16.06.100 Internal circulation of environmental documents. Relevant environmental documents shall accompany proposals through existing city project review processes. The responsible official shall ensure that environmental documents are provided to decision makers in the following manner: The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 62 of 75 A. Where a nonelected city official is to make a final decision on a nonexempt action,the responsible official shall provide that deciding official with a copy of a determination of nonsignificance(DNS)or a final EIS upon issuance of the DNS or FEIS. B. Where the planning commission or hearing examiner is to make a recommendation on a nonexempt action, the responsible official shall transmit to the advisory body a copy of one of the following: 1. Environmental checklist; 2. Determination of nonsignificance(DNS); 3. Draft environmental impact statement(DEIS); 4. Final environmental impact statement(FEIS). Transmittal of the appropriate environmental document shall either precede or accompany transmittal of a staff report or staff recommendation on the proposal. C. A final staff recommendation to the hearing examiner or city council on a nonexempt major action should normally be preceded by,or accompanied by, either a final DNS or an FEIS. (Ord.6186§ 1,2008;Ord.4840§ 1, 1996.) 16.06.110 Timing of decision on nonexempt action. A. For nonexempt actions,the procedural requirements of SEPA,the SEPA rules and this chapter shall be completed prior to the city's issuance of a license,permit or other approval,prior to the city committing to a particular course of action,or prior to the city making a decision that would either have adverse environmental impacts or limit the choice of reasonable alternatives. B. A final decision on a nonexempt action for which a DNS has been issued or EIS has been required shall not be made until after expiration of the environmental appeal period if not appealed or,if appealed, shall not be made until the decision on the appeal becomes final. (Ord.4840§ 1, 1996.) 16.06.120 Authority to condition or deny proposals. A. The policies and goals set forth in and referenced by this chapter are supplementary to those in the existing authorization of the city. B. The city may attach conditions to a permit or approval for a proposal so long as: The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 63 of 75 1. Such conditions are necessary to mitigate probable significant adverse environmental impacts identified in environmental documents prepared pursuant to this chapter;and 2. Such conditions are in writing;and 3. The mitigation measures included in such conditions are reasonable and capable of being accomplished;and 4. The city has considered whether other local, state,or federal mitigation measures applicable to the proposal are sufficient to mitigate the identified impacts; and 5. Such conditions are based on one or more policies,plans,rules or regulations designated in ACC 16.06.130 as a basis for the exercise of substantive SEPA authority under RCW 43.21C.060,and cited in writing in the license,permit,ordinance or other decision document. C. The city may deny a permit or approval for a proposal on the basis of SEPA so long as: 1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a fmal EIS or fmal supplemental EIS prepared pursuant to this chapter;and 2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to make the identified impact nonsignificant;and 3. The denial is based on one or more policies,plans,rules or regulations designated in ACC 16.06.130 as a basis for the exercise of substantive SEPA authority under RCW 43.21 C.060,and cited in writing in the license,permit,ordinance or other decision document. D. If the lead agency determines, after the initial review of a project,that a proposed action could not comply with adopted plans,policies,rules or regulations,and where the city has authority other than SEPA to deny the proposal,the project can be denied outright without making a threshold determination,and shall be cited in writing. Proposed actions which are subsequently modified,amended or deemed to be consistent with adopted plans,policies,rules or regulations shall not receive final approval until the proposed action is in full compliance with SEPA,the SEPA rules and this chapter. E. Where the responsible official has issued a mitigated DNS,the decision maker shall not approve the associated proposal until: 1. The proponent has modified the proposal,either through modification of plans and other application materials or through a separate written instrument attached to the application, such that the mitigating measures of the mitigated DNS become part of the proposal; or 2. The decision maker has incorporated the mitigating measures of the mitigated DNS into the license, permit,ordinance or other approval,through conditions attached pursuant to this chapter;or The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 64 of 75 3. A combination of subdivisions 1 and 2 of this subsection. F. Where mitigating measures are agreed to under subsection(E)(1)of this section,or imposed under subsection(E)(2)of this section,and where the proponent fails to implement such mitigating measures,the city shall have the authority to revoke any permit, license or other approval granted on the basis of such mitigating measures. (Ord.4840§ 1, 1996.) 16.06.130 Substantive authority. The city adopts by reference the following policies,plans,rules and regulations,as may be amended,as a basis for the exercise of substantive authority to approve,condition or deny proposed actions under RCW 43.21C.060 of SEPA: A. Auburn comprehensive plan and related reports and studies outlined in Appendix B; all Appendices and Supplementary Reports B. Shoreline management master program; C. Auburn City Code; D. Auburn downtown plan; E. Auburn capital improvements facilities plan; F. Six year street planAuburn Transportation Program; G. Auburn Municipal Airport master plan; H. Energy managemant rim. (Ord.'1 8'10§ 1,1996.) 16.06.200 City responsibilities as consulted agency. In carrying out the city's duties as a consulted agency,the responsible official shall request information from any department potentially affected by or having expertise on a proposal. Information timely received by the responsible official in response to such request shall be transmitted to the lead agency.The responsible official may transmit such information by forwarding copies of any department responses or by consolidating all department responses into a single city response. (Ord.4840§ 1, 1996.) The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 65 of 75 16.06.210 Use of non-SEPA documents. A. If determined by the responsible official,existing plans,regulations,rules, or other laws that provide a functionally equivalent analysis of the specific adverse impacts of a proposed project that has already occurred and is available or will occur before action is taken on a proposed project may be used to forego the environmental analysis required under this title.If non-SEPA documents are used the responsible official shall make appropriate findings and conclusions to support the use of such documents. B. If determined by the responsible official,existing plans,regulations,rules,or other laws that adequately mitigate the projects specific adverse environmental impacts may be used,in lieu of SEPA mitigating conditions,as long as the project approval is explicitly conditioned on compliance with the requirements or mitigation measures so that the specific adverse environmental impacts are adequately mitigated. If non-SEPA documents are used,the responsible official shall make appropriate fmdings and conclusions to support the use of such mitigation and to ensure compliance with the requirements of the non-SEPA documents. (Ord.4840§ 1, 1996.) 16.06.220 Environmental appeals. Any person aggrieved of a final threshold determination of significance,final determination of nonsignificance,or inadequacy of a final EIS may file an appeal with the city hearing examiner.Appeal of intermediate steps under SEPA(e.g., lead agency determination, scoping,draft EIS adequacy)shall not be allowed. (Ord.4840§ 1, 1996.) 16.06.230 Time limitation on appeals. A written notice of appeal identifying the grounds for appeal must be filed with the city clerk,on forms provided by the city clerk,within 14 days of the date of mailing the final threshold determination of significance,final determination of nonsignificance or final EIS. The city shall extend the appeal period for an additional seven days for final mitigated determinations of nonsignificance and final EISs. (Ord.4840§ 1, 1996.) 16.06.240 Fee to accompany notice of appeal. An appeal fee as provided for in the city's adopted fee schedule shall accompany the written notice of appeal and be filed within the appeal period with the city clerk.No notice of appeal shall be accepted unless accompanied by full payment of the appeal fee.This fee shall be utilized to cover publication costs,mailing, and other costs directly associated with the appeal. (Ord.6077§ 1,2007;Ord.4840§ 1, 1996.) The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 66 of 75 16.06.250 Notice of hearing. A notice of appeal timely filed shall be transmitted by the city clerk to the hearing examiner and the SEPA responsible official. The hearing examiner shall determine the date,time,and place of a hearing to consider the appeal of final EISs,and shall notify the parties thereof. Other appeal hearings shall be scheduled in accordance with ACC 2.46.130. (Ord.4840§ 1, 1996.) 16.06.260 Hearing. A hearing upon an appeal shall be conducted by the hearing examiner and,where applicable,the appeal hearing shall be consolidated with any other hearing required on the related proposed action as required in ACC Title 14. (Ord.4840§ 1,1996.) 16.06.270 Testimony—Recording. All testimony taken at any hearing shall be taken under oath. The hearing shall be recorded electronically. (Ord. 4840§ 1, 1996.) 16.06.300 Substantial weight—Burden of proof A threshold determination by the responsible official is entitled to substantial weight. The burden shall be on the appellant to establish that the determination is in error. (Ord.4840§ 1, 1996.) 16.06.310 Decision of the hearing examiner. A. Upon the basis of all of the information received in a hearing,and all information relied upon by the responsible official,the hearing examiner shall prepare a written decision,including findings of fact and conclusions. B. The hearing examiner may sustain, sustain with conditions,reverse,or remand to the responsible official the threshold determination. (Ord.4840§ 1, 1996.) The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 67 of 75 16.06.320 Dismissal of appeal. The hearing examiner may summarily dismiss an appeal without hearing,when such appeal is determined by the hearing examiner to be without merit on its face,frivolous, or brought merely to impede a proposal or secure a delay. (Ord.4840§ 1, 1996.) 16.06.330 City council review—Limitations for appeals. A. The decision of the hearing examiner on a threshold determination appeal may be appealed to the superior court in the county in which the subject property is located,which appeal shall be in accordance with the provisions of RCW 43.21C.060 and 43.21C.075.Any such appeal allowed by RCW 43.21C.060 and 43.21C.075 must be brought within the time limits specified in Chapter 2.46 ACC. B. Such city council review shall be conducted on the record compiled by the hearing examiner,consistent with other applicable law. (Ord.6442§ 11,2012;Ord.6186§2,2008;Ord.4840§ 1, 1996.) 16.06.340 Violation—Penalty. Any violation of this chapter or of the standards,regulations or procedures adopted pursuant to this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord.4840§ 1, 1996.) The Auburn City Code is current through Ordinance 6842,passed November 15,2021. Page 68 of 75 ■ WEB MBAKS.COM OFFICE 425 451 7920 335 116t"AVENUE SE BELLEVUE, WASHINGTON 98004 February 27, 2025 MASTER BUILDERS ASSOCIATION of King and Snohomish Counties City of Auburn Planning Commission 25 W Main St. Auburn, WA 98001 RE: City of Auburn SEPA Code Text Amendment/Update Dear Planning Commissioners: The Master Builders Association of King and Snohomish Counties (MBAKS)thanks you for the opportunity to provide comment in support of the City's work to encourage housing by streamlining processes in the proposed SEPA code update. MBAKS is the nation's oldest and largest local homebuilders association, representing more than 2,500 businesses, architects, engineers, and tradespeople across the region.Together,we've been making home happen since 1909. We commend city staff and the Planning Commission for proposing logical, necessary, and measured revisions to the City's SEPA code, including the expanded categorical exemptions and the introduction of an optional DNS process. These code revisions will reduce permit timeframes and workloads for city planners and project applicants, while still maintaining important environmental protections.Additionally,the expansion of the categorical exemptions to the State maximums provides greater efficiency in the permitting process — allowing staff to focus on projects intended to meet the City's growing population, housing, and economic demands. Again,we thank you for the opportunity to comment on the proposed SEPA update and look forward to partnering further on industry issues. If you have any questions, please don't hesitate to contact me at Ischmidt@mbaks.com or(425)460-8203. Sincerely, e" Logan Schmidt King County Government Affairs Manager Master Builders Association of King and Snohomish Counties CC: Nancy Bakus, Mayor, City of Auburn Dinah Reed, Senior Planner, City of Auburn Encl: MBAKS SEPA Reform Issue Brief Page 69 of 75 * CITY OF J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM WASHINGGTTON Agenda Subject: Meeting Date: Ordinance No. 6976 (Krum) (5 Minutes) March 24, 2025 An Ordinance amending the Comprehensive Zoning Map Department: Attachments: Budget Impact: Community Development Ordinance No. 6976, Exhibit A Map Amendment Administrative Recommendation: For discussion only. Background for Motion: Background Summary: During the 2024 Periodic Update, the Comprehensive Zoning Map and Comprehensive Land Use Map were revised to be consistent with the update to Title 18 Zoning. Both maps were completely revised to feature the new zoning labels for existing zones and the new R-NM, Neighborhood Mixed Use Zoning District. In the updated maps, due to a mapping error, six privately-owned parcels were misidentified as P-1, Public Use District. The land use designation of these parcels is Mixed-Use. The correct zoning for these parcels should be Neighborhood Mixed Use. The purpose of this Zoning Map Amendment is to correct the display of these six parcels. Councilmember: Tracy Taylor Staff: Jason Krum Page 70 of 75 ORDINANCE NO. 6976 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE COMPREHENSIVE ZONING MAP WHEREAS, since 1986 the City of Auburn has maintained a Comprehensive Plan, periodically updated and reaffirmed by the City Council, that includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; WHEREAS, the City also maintains a "Zoning map," labeled the "Comprehensive Zoning Map of the City of Auburn, Washington," dated June 1, 1987, adopted by Ordinance No. 4230; WHEREAS, the zoning map is adopted and made a part of the comprehensive zoning ordinance, with the most current amended copy serving as the official zoning map; WHEREAS, the Comprehensive Plan Land Use Designations and Zoning Districts were updated under the periodic Comprehensive Plan Update completed under Ordinance No. 6960; WHEREAS, as part of the periodic Comprehensive Plan Update, six parcels were (land use) designed as Mixed Use but erroneously identified as P-1, Public Use. The parcels were King County parcel numbers: 0004200010, 0004200020, 0004200027, 0004200011, 0004200028, and 0004200021 ; WHEREAS, pursuant to the Land Use Element of the Comprehensive Plan, the P- 1, Public Use zone implements the Public/Quasi-Public land use designation and R-NM Neighborhood Mixed-Use zone implements the Mixed-Use land use designation; WHEREAS, it is the intent of the zoning districts to implement the Comprehensive Plan Land Use Designations and must be consistent with the future land use map; Ordinance No. 6976 March 17, 2025 Page 1 Page 71 of 75 WHEREAS, pursuant to ACC 18.68.030 an "Area-Wide Rezone" is a rezone initiated either by the city or by multiple property owners that applies to a significant number of properties, as determined by the director of community development and is processed as a legislative nonproject decision, consistent with ACC 14.03.060; WHEREAS, pursuant to WAC 197-11-800(6)(c)(i)-(iii) a rezone is exempt if the project is in an urban growth area in a city or county planning under RCW 36.70A.040, the proposed rezone is consistent with and does not require an amendment to the comprehensive plan, and the applicable comprehensive plan was previously subjected to environmental review and analysis through an EIS under the requirements of this chapter prior to adoption and the EIS adequately addressed the environmental impacts of the rezone; WHEREAS, pursuant to Chapter 36.70A RCW, a Final Environmental Impact Statement (FEIS) completed for the periodic Comprehensive Plan Update, and the City did not act upon the FEIS until November 8, 2024; WHEREAS, pursuant to Commerce guidance a 60-day notice is not required for on site-specific rezones that does not include an amendment to the comprehensive plan; they are considered a project permit application and not a development regulation amendment even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city; WHEREAS, it is the intent of this Ordinance to correct the erroneous zoning of the six parcels; and Ordinance No. 6976 March 17, 2025 Page 2 Page 72 of 75 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Change the zoning district of King County parcel numbers: 0004200010, 0004200020, 0004200027, 0004200011, 0004200028, and 0004200021 from P-1, Public Use to R-NM Neighborhood Mixed-Use, as set forth in Exhibit "A". Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6976 March 17, 2025 Page 3 Page 73 of 75 Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney Published: Ordinance No. 6976 March 17, 2025 Page 4 Page 74 of 75 Proposed ZoningAmendment P- 1 to R- NM Zone EXISTING �s� 4�N = C"TNE y z 1- 4TE _ 1 .1111111111111111 i I PROPOSED HJTI 11 z • 1- 4OTHSTNE P-1 Public Use U PUD Planned Unit Development District 0 100 200 300 R-NM Neighborhood Mixed-Use Parcel Boundary Feet ( ) R-2 Residential Low V, Existing Zoning ORDINANCE NO. 6976 0 ( 1 R-4 Residential High \\ Proposed Zoning C-2 Light Commercial EXHIBIT A rage /o or /o