HomeMy WebLinkAbout6995ORDINANCE NO. 6995
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CONTINUING THE
MORATORIUM ENACTED ON MAY 10, 2025, PURSUANT
TO ORDINANCE NO. 6978 AND AS AMENDED BY
ORDINANCE NO, 6995 ON THE ACCEPTANCE,
PROCESSING, AND/OR APPROVAL OF APPLICATIONS
FOR BUILDING AND LAND USE DEVELOPMENT FOR
ENERGY STORAGE SYSTEM FACILITIES (ESS)
PROPOSED TO BE LOCATED IN ANY ZONE WITHIN THE
CITY OF AUBURN
WHEREAS, Energy Storage Systems (ESS) including Battery Energy Storage
Systems (BESS) are defined as installations designed to store critical electrical energy
for later use, typically consisting of batteries, power conversion systems, and control
equipment, a primary function of Energy Storage Systems is to store excess electricity
generated by the grid during periods of low demand or high renewable energy production,
such as from solar or wind sources, the stored energy can then be discharged when
demand is high or when renewable energy generation is low, stabilizing the electrical grid
and improving overall efficiency and reliability;
WHEREAS, the City's development regulations, specifically the land use category
of "Utility facilities and substations" in ACC 18.07.030 and "Utility transmission or
distribution line or substation" in ACC 18.23.030, are not currently defined to include the
recent technological changes and business models in Energy Storage Systems or
supporting infrastructure, but are understood to include public regional utility (PSE)
agencies that provide public services such as transformers, substations, pumpstations
and smaller scale grid infrastructure;
WHEREAS, applying the current regulations in Title 18 ACC to new technologies
and business models could lead to approval of ESS projects that are undesirable, unsafe,
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and/or inconsistent with long-term planning goals and objectives of the City;
WHEREAS, the Auburn City Council makes the following findings of fact in support
of a moratorium under RCW 36. 70A.390, and identified the following unknown risks and
economic factors, that may be relevant in assessing the desirability of, and siting
concerns associated with, ESS in the City:
A. The City currently does not have specific zoning or development standards
applicable to ESS;
B. Thermal runaway at a BESS presents a significant burden to emergency
personnel as fires may burn for an inordinate amount of time, requiring
increased lengths for monitoring and containment, leaving other areas of
the city vulnerable to high response times;
C. Exceptional amounts of water is required in the event of a thermal runaway
to protect other cells from reaching a critical temperature and to suppress
the compromised cell, water used to control the emergency may contain
hazardous chemicals and materials such as cyanide and hydrofluoric acid
that may leach into the City's protected critical areas identified in Chapter
16.10 ACC;
D. Due to the exceptional amounts of water required to suppress a thermal
event, it is not known if the City, or the surrounding water districts have the
capacity to provide a constant flow of high -volume water;
E. BESS may create potentially hazardous air quality concerns in the event of
an emergency;
F. In the event of an emergency, it is unknown what the impacts to regional
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transportation routes, businesses, and residents if an evacuation zone is
established;
G. ESS may produce impacts to wildlife that are not currently well understood
by the City;
H. ESS facilities located within the L-F Airport Landing Field District may pose
a significant risk to public health, safety, and welfare if an aircraft collision
occurs;
I. ESS facilities and their supporting infrastructure may be more appropriate
for the industrial (M-1 and M-2) zones in the City due to their scale, land
use, and potential impacts to life and safety of the general public;
J. It is unknown what fiscal or economic development benefits would flow to
the City if ESS facilities were permitted within the City;
WHEREAS, the City Council held a public hearing on 7:00 PM on May 5, 2025, to
adopt findings following the conclusion of a public hearing of Ordinance No. 6978,
WHEREAS, further discussions with industry leaders are needed to better
understand the potential impacts of ESS facilities and to vet proposed code amendments
language requested to be performed by staff on behalf of the City,
WHEREAS, the potential adverse impacts on public health, property, safety, and
welfare of the City and community of the moratorium authorized under Ordinance No.
6978 expires before staff can complete necessary research, further justifies a moratorium
under RCW 35A.63.220 and the designation of this ordinance as necessary for the
protection of public health, public property, or the public peace by the Council, the
moratorium imposed herein promotes the public good and is necessary for the protection
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of public health, property, safety, and welfare;
WHEREAS, to promote public health, safety, and welfare, the City Council deemed
it necessary and proper to extend the moratorium on land use and development permit
applications related to BESS for an additional period of six (6) months by holding a public
hearing on November 3rd, 2025 at 7:00 PM to adopt findings following the conclusion of
a public hearing for Ordinance Number 6995;
WHEREAS, it would be an efficient use of resources and an appropriate exercise
of its planning authority under the Growth Management Act, Chapter 36.70A RCW, and
Chapter 35A.63 RCW for the City to integrate and analyze whether, and under what
regulatory parameters, ESS be allowed uses within the City;
WHEREAS, the City possesses land use jurisdiction and regulatory authority over
the City's incorporated lands; and
WHEREAS, the adoption of this moratorium is exempt from the threshold
determination requirements under the State Environmental Policy Act;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Findings of Fact. The recitals set forth above are hereby adopted
as the City Council's findings of fact in support of the moratorium established by this
ordinance, The City Council may, in its discussion, adopt additional findings after the
public hearing referenced in Section 4 below.
Section 2. Moratorium Imposed. Pursuant to RCW 35A.63.220, and RCW
36.70A.390, a temporary moratorium is hereby extended upon Tier II and Tier III ESS
facilities in any zone within the City of Auburn. This moratorium also applies to the City's
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acceptance, processing, or approval of any applications, building permits, and land use
permits for ESS facilities including without limitation;
A. Administrative Use permits;
B. Conditional Use permits;
C. Building permits;
D. Grading permits;
E. Short plats;
F. Subdivisions;
G. Binding site plans;
H. Reasonable use exceptions;
I. Variances from Title 18 ACC regulations;
J. Deviations from any City of Auburn engineering design and
construction standards or other technical codes for ESS facility within
the City or any other type of development permit, approval, or code
interpretation in connection with the same; and
K. Any other development permits related to ESS facilities.
The moratorium codified herein shall not apply to Tier I residential Battery Energy Storage
Systems that serve as a back-up source of energy, load shedding, and storage of solar
energy. Fires and other emergencies typically seen from Tier I BESS are limited in their
impacts to the safety, well being, and health of the community.
Section 3. Term of Moratorium. The moratorium imposed by this Ordinance
shall become effective date described in Section 8, and shall continue in effect for an
additional period of six (6) months, provided that the moratorium shall automatically expire
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upon the effective date of zoning and land use regulations adopted by City Council to
address siting, construction, and operation of ESS located within the City of Auburn.
Section 4. Public Hearinq. Pursuant to RCW 35A.63.220 and RCW 36.70A.390,
the City Council has held a public hearing at the City Council's regular meeting at 7:00
PM on November V, 2025, in order to take public testimony on this moratorium.
Section 5. Referral to Staff; Work Plan. City Staff and the Auburn Planning
Commission are hereby authorized and requested, as part of their ongoing work related
to ESS facilities to study the issues identified in this ordinance and to develop
recommendations for whether ESS facilities should be allowed uses within the City and,
if so, what zoning regulations and public processes are needed to protect the health,
safety, and welfare of the community and ensure that such facilities are developed in a
manner that is compatible with the overall plan and vision of the City. These
recommendations shall be reviewed and considered by the Auburn City Council for
inclusion as a Chapter in Title 18 of Auburn City Code and/or other official controls of the
City.
A. The City of Auburn Planning Commission shall be authorized and
directed to hold public hearings and public meetings to fully receive and consider
statements, testimony, positions and other documentation or evidence related to the issue
of the ESS, including, but not limited to, regulations related to the siting, construction, and
operation.
B. The Planning Commission and City staff are authorized and directed to
review the experiences of other jurisdictions, the status of legal cases, and statistical data,
information, studies and other evidence compiled by other municipalities, of adverse
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impacts of such ESS, and to review State and Federal law and regulations and the
regulations, ordinances and codes adopted by other municipalities to address ESS, and
any information that is pertinent to consideration of ESS, including but not limited to siting,
construction, and operation.
C. The City of Auburn Planning Commission shall work with City Staff and
the community of the City to develop proposals for regulation of ESS land use and zoning
considerations, to be forwarded in their recommendations to the City Council for inclusion
in ordinances and ultimate adoption as a apart of the City Code of the City of Auburn,
including regulations related to siting, construction, and operation of ESS.
D. The Mayor, in consultation with the City Attorney, Community
Development Director, Public Works Director, Police Chief, Emergency Management,
Fire Marshal, and other staff, shall periodically advise and report to the City Council as to
the status of hearings, meetings, and information development regarding actives of the
Planning Commission and City Staff relative to the evaluation, consideration, and
development of regulations concerning ESS, including, but not limited to, siting,
construction, and operation, until adoption of a comprehensive ordinance as developed,
relating to ESS becoming effective in the conjunction with the termination of the
moratorium referred to in this ordinance.
Section 6. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 7. 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
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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 8. 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.
ATTEST:
Shawn Campbell, MMC, City Clerk
Published:
INTRODUCED:
PASSED:
APPROVED:
NOV 0 3 2025
NOV 0 3 2025
NOV 0 3 2025
ason Whalen, City Attorney
Ordinance No. 6995
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