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Home My WebLink About7006ORDINANCE NO. 7006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO PLANNING AND DESIGNATING A PLANNED ACTION FOR THE 2024 AUBURN DOWNTOWN SUBAREA PURSUANT TO THE STATE ENVIRONMENTAL POLICY ACT WHEREAS, the State Environmental Policy Act (SEPA) (Chapter 43.21 C of the Revised Code of Washington (RCW)) and its implementing regulations provide for the integration of environmental review with land use planning and project review through the designation of planned actions by jurisdictions planning under the Growth Management Act (GMA) (Chapter 36.70A RCW), including the City of Auburn; and WHEREAS, the 2001 Auburn Downtown Plan superseded the 1987 Auburn Downtown Plan and the 1990 Auburn Downtown Design Master Plan; and WHEREAS, the 2024 Auburn Downtown Subarea Plan was prepared to replace the 2001 Auburn Downtown Plan; and WHEREAS, a subarea of the City consisting of the Downtown Subarea as depicted on the map attached as Exhibit A and incorporated herein by reference, has been identified as a planned action area for future redevelopment; and WHEREAS, the City, as the lead SEPA agency, issued the Draft Environmental Impact Statement (DEIS) for the Downtown Subarea Plan and Planned Action on September 25, 2024, and after public participation and coordination with affected parties, issued the Final Environmental Impact Statement (FEIS) on January 22, 2025. The Draft EIS, together with the Final'EIS, is referenced herein as the "Planned Action EIS" or "EIS"; and Ordinance No. 7006 December 15, 2025 Page 1 of 17 Rev. 2024 WHEREAS, the EIS identifies the impacts and mitigation measures associated with planned development in the Study Area; and WHEREAS, the Downtown Subarea Plan and Planned Action EIS identifies impacts and mitigation measures associated with planned development in the Downtown Subarea; and WHEREAS, the City desires to designate a Planned Action for its Downtown Subarea, and to mitigate development consistent with procedures and criteria contained in this ordinance; and WHEREAS, the City has adopted development regulations which will help protect the environment, and WHEREAS, the City has adopted design standards which will guide the form, bulk, scale, and quality of development; and WHEREAS, the 2024 Auburn Downtown Subarea Plan guides the allocation of jobs and housing units projected for the Downtown Subarea; and WHEREAS, the City's Environmental Review Procedures, Auburn City Code (ACC) 16.06.085 provides for Planned Actions with the City; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Findings. The City Council finds as follows: A. The City is subject to the requirements of the GMA (Chapter 36.70A RCW) and is applying Planned Action to an Urban Growth Area (UGA). B. The procedural requirements of Chapter 36.70A RCW have been complied with. Ordinance No. 7006 December 15, 2025 Page 2 of 17 Rev. 2024 C. The procedural and substantive requirements of SEPA (Chapter 43.21 C RCW) have been complied with. D. The City has an adopted Comprehensive Plan complying with the GMA and is replacing the 2001 Auburn Downtown Plan with the 2024 Auburn Downtown Subarea Plan. E. An EIS has been prepared for the Planned Action Area and the City Council finds that the EIS adequately identifies and addresses the probable significant environmental impacts associated with the type and amount of development planned to occur in the designated Planned Action Area. F. The 2024 Auburn Downtown Subarea Plan and Planned Action EIS, together with adopted City development and environmental regulations, will adequately mitigate significant impacts from development within the Planned Action Area. G. The regulation of land and development is subject to the authority and general police power of the City, and the City reserves its powers and authority to appropriately amend, modify, and revise such land use controls in accordance with applicable law. H. The 2024 Auburn Downtown Subarea Plan and EIS identify the location, type, and amount of development contemplated by the Planned Action. I. Essential public facilities defined in RCW 47.06.140 are excluded from Ordinance No. 7006 December 15, 2025 Page 3 of 17 the Planned Action and are not eligible for review or permitting as Rev. 2024 Planned Action Projects unless they are an accessory to or part of a project that otherwise qualifies as a planned action. J. The Planned Action is located entirely within a UGA and applies to a defined area that is smaller than the overall City boundary. K. Public services and facilities are adequate to serve the proposed Planned Action with implementation of the City's adopted Engineering Design Standards and the Comprehensive System Plans. L. The City has provided several opportunities for meaningful public involvement in the 2024 Auburn Downtown Subarea Plan and EIS including a community meeting consistent with RCW 43.21 C.440, and has considered all comments received, and, as appropriate, has modified the proposal or mitigation measures. M. Future projects that are implemented consistent with the Planned Action EIS and mitigation measures will protect the environment, benefit the public, and enhance economic development. Section 2. Purpose. The purpose of this ordinance is to: A. Combine environmental analysis, land use plans, development regulations, and City codes and ordinances together with the mitigation measures in the Planned Action EIS to mitigate environmental impacts and process Planned Action development applications in the Planned Action Area; Ordinance No. 7006 December 15, 2025 Page 4 of 17 Rev. 2024 B. Designate the Downtown Subarea, shown in Exhibit A, as a Planned Action Area for purposes of environmental review and permitting of designated Planned Action Projects pursuant to RCW 43.21 C.440; C. Confirm that the Planned Action EIS meets the requirements of a planned action EIS pursuant to SEPA; D. Establish criteria and procedures for the designation of certain projects within the Planned Action Area as Planned Action Projects consistent with RCW 43.21 C.440; E. Provide clear definition as to what constitutes a Planned Action Project within the Planned Action Area, identify the criteria for Planned Action Project approval, and determine how development project applications that qualify as Planned Action Projects will be processed by the City; F. Acknowledge that where the boundary of the Planned Action Area overlaps with other adopted subarea plans, the 2024 Auburn Downtown Subarea Plan and associated development regulations govern; G. Streamline and expedite the land use permit review process by relying on the Downtown Subarea Plan and Planned Action EIS; and H. Apply the mitigation contained in this Ordinance for the processing of Planned Action Project applications and incorporate the applicable mitigation measures into the underlying project permit conditions in order to address the impacts of future development contemplated by this Ordinance. Ordinance No. 7006 December 15, 2025 Page 5 of 17 Rev. 2024 Section 3. Procedures and Criteria for Evaluating and Determining Planned Action Projects within Planned Action Area. A. Planned Action Area. This Planned Action designation shall apply to the area shown in Exhibit A of this Ordinance. B. Environmental Document. A Planned Action Project determination for a site -specific project application within the Planned Action Area shall be based on the environmental analysis contained in the Planned Action EIS. The mitigation measures contained in Exhibit B of this Ordinance are based upon the findings of the Planned Action EIS and shall, along with adopted City regulations, provide the framework the City will apply appropriate conditions on qualifying Planned Action Projects within the Planned Action Area. C. Planned Action Designated. Land Uses and activities described in the Planned Action EIS, subject to the standards (thresholds) of Subsection 3.D of this Ordinance and the mitigation measures contained in Exhibit B of this Ordinance, are designated Planned Action Projects pursuant to RCW 43.21 C.440. A development application for a site -specific project located within the Planned Action Areas that meets the criteria in Subsection ID and 3.E may be designated a Planned Action Project pursuant to the process in Subsection 3.1. D. Planned Action Thresholds/Qualifications. The following standards Ordinance No. 7006 December 15, 2025 Page 6 of 17 shall be used to determine if a site -specific development proposed within the Planned Action Area was contemplated as a Planned Action Project Rev. 2024 and has had its environmental impacts evaluated in the Planned Action EIS: a. Qualifying Land Uses. i. The following general types of land uses are considered Planned Actions: 1. Single -unit detached housing and middle housing; 2. Multi -family housing (apartments and co -living housing); 3. Mixed -use (vertical or horizontal); 4. Retail, commercial, office, services; 5. Restaurants and bars; 6. Craft industry/light industrial, small food production; 7. Arts/entertainment (gallery, theater, fine arts studios); 8. Medical offices and hospital; 9. Open space, passive or active parks, trails, recreation; 10. Civic, cultural, government, and utility facilities as identified in the Plan and allowed in the Auburn Zoning Code; 11. Uses allowed in the Zoning Code provided for each implementing district (Chapter 18.29 DUC); Ordinance No. 7006 December 15, 2025 Page 7 of 17 Rev. 2024 12.Other uses applicable to the 2024 Auburn Downtown Subarea Plan that are similar to uses listed above as determined by the Community Development Director or designee; 13. Multi -modal transportation improvements consistent with the Comprehensive Transportation Plan and the Planned Action EIS; and 14. Enlargement or intensification of uses existing at the time the Planned Action Area is approved, so long as such enlargement or intensification complies with the Zoning Code to the extent practical. ii. Planned Action Uses: A land use shall qualify as a Planned Action Project land use when: 1. It is within the Planned Action area as shown in Exhibit A of this Ordinance; and 2. It is within one or more of the land use categories described above; or 3. It is a common accessory use or appurtenance to a permitted use. iii. A Planned Action Project may be a single Planned Action land use, or a combination of Planned Action land uses in a mixed -use development. Ordinance No. 7006 December 15, 2025 Page 8 of 17 Rev. 2024 b. Development Thresholds. i. Land Use: The following amount of new various land uses are contemplated by the Planned Action: Table 1. Comparison of Alternatives. Total Housing Population Jobs Total Activity Acres Units Activity Units/Acre Units Alternative 1 - No Action (2044 361 4,257 8,781 ` 6,302 15,083 41.5 ". Projection) Alternative 2 - Moderate Growth (2044 361 7,006 14,284 7,698 21,982 58.5 Projection) ..................................... ....................................................... ............ .................. ........................ ........ .................. ........................... ..:..... ....................... .......................... ............................ .... ......................... Alternative 3 - Higher Growth (2044 361 ... 7,603; '. 15,478 8,185 23;663 62._9 _: ..Projection)..: Table 2. Planned Action Development Limits: 2024 — 2044: Preferred Alternative. Current (2021) Preferred Alternative (2044) Jobs Po ulation _ Housing,,,,,Jobs Po ulation Housin _.__..._.__.P._.._ . _.___...._ ..:.__ .P_.. _.._ °_____. _._g._:.: Revised Downtown Area 4,799 3,708 1,724 8,185 15,478 7,603 ................................... ... .... .......... _.................................... ............... ._....... ......................................................................... ...................... ............................... _.......... ...._................ I ............. ................. ............. ....... ................... ...._............................................................... ... . Table 3. Net New Development: Preferred Alternative. Net Jobs Net Population Net Housing n.,`,_::.�...�.,o.��n.._,....,.........,.,.a�.�,<,„�..-b.,..a..�_v.o�,p.,.,�-,>.,......,.,�,>.,,�.�..,��.,:�.<_. Revised Downtown Area: ; :,: 3,386 11,770 58.79 Ordinance No. 7006 December 15, 2025 Page 9 of 17 ii. Shifting development amounts between land use identified in Subsection 3.D.b.i may be permitted provided the transportation thresholds are not exceeded and the Rev. 2024 development impacts identified in the Planned Action EIS are mitigated consistent with Exhibit B. iii. Further environmental review maybe required pursuant to WAC 197-11-172, if any individual Planned Action Project or combination of Planned Action Projects exceed the development thresholds specified in this Ordinance and/or alter the assumptions and analysis in the Planned Action EIS. c. Transportation Thresholds. i. Level of Service Threshold. The City uses an LOS rating system to evaluate the operations of its roadway system. LOS is a concept used to describe traffic operations from the driver's perspective. LOS ratings are defined by intersection delay in seconds—LOS ranges from LOS A, which signifies no congestion and little delay, to LOS F, which signifies substantial congestion and delay. All intersections currently meet the City's minimum LOS standards. One intersection does not meet the City's minimum LOS standards: C Street NW & 3rd Street NW— LOS F. This intersection is currently identified in the Comprehensive Transportation Plan and 6-Year Transportation Improvement Plan for future mitigation. Ordinance No. 7006 December 15, 2025 Page 10 of 17 Rev. 2024 ii. Concurrency. All Planned Action Projects shall meet the City's transportation concurrency requirement standards and the level of service thresholds according to the Comprehensive Transportation Plan and Engineering Design Standards. Applicants shall be required to document that the project meets concurrency standards. iii. Impact Fee. In order to mitigate transportation related impacts, all Planned Action Projects shall pay impact fees, with adjustments made for any applicable credits. iv. Mitigation. Each Planned Action Project shall provide its proportionate share of transportation capital improvements analyzed in the Planned Action EIS. The City Engineer shall have the discretion to adjust the allocation of responsibility for required improvements between individual Planned Action Projects based on their identified impacts. v. Discretion. The City Engineer shall have discretion to determine incremental and total trip generation, consistent with Chapter 19.04 ACC for each Planned Action Project proposed under this Planned Action. E. Elements of the Environment and Degree of Impacts. A Planned Ordinance No. 7006 December 15, 2025 Page 11 of 17 Action Project that would result in a significant change in the type or degree of adverse impacts to any element(s) of the environment Rev. 2024 analyzed in the Planned Action EIS will not qualify as a Planned Action Project. F. Changed Conditions. Should environmental conditions change significantly from those analyzed in the Planned Action EIS, the City's SEPA Responsible Official or designee may determine that the Planned Action designation is no longer applicable until supplemental environmental review is conducted. G. Planned Action Review Criteria. The City's SEPA Responsible Official or designee may designate projects as "Planned Action Projects", pursuant to RCW 43.21 C.030, applications that meet the following conditions: a. The proposal is located within the Planned Action Area identified in Exhibit A of this Ordinance. b. The proposed uses and activities are consistent with those described in the Planned Action EIS and Subsection ID of this Ordinance. c. The proposal is within the Planned Action thresholds and other criteria of Subsection 3.D. of this Ordinance. d. The proposal is consistent with the Auburn Comprehensive Plan and the 2024 Auburn Downtown Subarea Plan. e. The proposal's significant adverse environmental impacts have been identified in the Planned Action EIS. Ordinance No. 7006 December 15, 2025 Page 12 of 17 Rev. 2024 f. The project's significant impacts will be mitigated by application of the measures identified in Exhibit B of this Ordinance and other applicable City regulations, together with any conditions, modifications, variances, design review, or special permit that may be required. g. The project complies with all applicable local, state, and/or federal laws and regulations, and the SEPA Responsible Official or designee determines that these laws and regulations constitute adequate mitigation. h. The project is not an essential public facility as defined by RCW 36.70A.200 unless the essential public facility is an accessory to or part of a development that is designated as a Planned Action Project under this Ordinance. H. Effect of Planned Action. Designation as a Planned Action Project by the City's SEPA Responsible Official or designee means that a qualifying proposal has been reviewed in accordance with this Ordinance and found to be consistent with the development parameters and thresholds established herein and with the environmental analysis contained in the Planned Action EIS. I. Planned Action Project Permit Process. Applications for Planned Ordinance No. 7006 December 15, 2025 Page 13 of 17 Action Projects shall be reviewed pursuant to the following process: Rev. 2024 a. Development applications shall meet all applicable requirements of the Auburn Municipal Code and this Ordinance in place at the time of the Planned Action Project application. b. Applications for Planned Action Projects shall: i. Be made on forms provided by the City; ii. Include the SEPA checklist in WAC 197-11; and iii. Meet all applicable requirements of the Auburn Municipal Code and this Ordinance. c. The City's SEPA Responsible Official or designee shall determine whether the application is complete as provided in Title 14 ACC. d. If the application for a project within the Planned Action Area as defined in Exhibit A, then the application will be reviewed to determine if it is consistent with the criteria of this ordinance and thereby qualifies as a Planned Action Project. e. The decision of the City's SEPA Responsible Official or designee determining if a project is a Planned Action Project is a Type 1 decision. The City's SEPA Responsible Official or designee shall notify the applicant of their decision in writing to the applicant or project representative, as listed on the application, and federally recognized tribal governments and agencies with jurisdiction over the Planned Action Project pursuant to RCW 43.21 C.440. Ordinance No. 7006 December 15, 2025 Page 14 of 17 Rev. 2024 f. If the project is determined to qualify as a Planned Action Project, it shall proceed in accordance with the applicable permit review procedures specified in Title 14 ACC, except that no SEPA threshold determination, EIS, or additional SEPA review shall be required. g. Notice of application for a Planned Action Project shall be consistent with Title 14 ACC. h. If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a Planned Action Project. If notice is not otherwise required for the underlying permit, no special notice is required by this Ordinance. i. To provide additional certainty about applicable requirements, the City or applicant may request consideration and execution of a development agreement for a Planned Action Project, consistent with RCW 36.70B.170. j. If a project is determined to not qualify as a Planned Action Project, the City SEPA Responsible Official or designee shall notify the applicant and prescribe a SEPA review procedure consistent with the City's SEPA regulations and requirements of state law. The notice shall describe the elements of the application that result in failure.to qualify as a Planned Action Project. Ordinance No. 7006 December 15, 2025 Page 15 of 17 Rev. 2024 k. Projects that fail to qualify as Planned Action Projects may incorporate or otherwise use elements of the Planned Action EIS, as well as other relevant SEPA documents, to meet their SEPA requirements. The City SEPA Responsible Official or designee may limit the scope of SEPA review for the non -qualifying project to those issues and environmental impacts not previously addressed in the Planned Action EIS. Section 4. Monitoring and Review. A. The City should monitor the progress of development in the designated Planned Action Area as deemed appropriate to ensure that it is consistent with the assumption of this Ordinance and the Planned Action EIS regarding the type and amount of development and associated impacts, and with the mitigation measures and improvements planned for the Planned Action Area. B. This Planned Action Ordinance shall be reviewed no later than eight (8) years from its effective date. The review shall determine the continuing relevance of the Planned Action Area, the impacts of development, and required mitigation measures. Based on this review, the City may propose amendments to this Ordinance or may supplement or revise the Planned Action EIS. Section 5. Severability. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, -------------------------------- Ordinance No. 7006 December 15, 2025 Page 16 of 17 Rev. 2024 EXHIBIT A: PLANNED ACTION AREA) , 7 Jr j;6 si+asarN -� i Ojai � s �'; ¢ t rtf1 s;.,. 3 e'7I'S`; •� �t -. � l,# , � N� '�a 11; } T .� 1 1 , DOWNTOWN SUBAREA PLAN DISTRICTS DUC - C-1 Light Commercial ORD. NO. 7006 DUC - M-1 Light Industrial Printed On: 10/3/2025 DUC - Core 125 DUC - NR Neighborhood Residential = DUC - Core 75 Map ID: 6352 Planned Action Area Information shown is for DUC - FR Flex -Residential general reference purposes only and does not necessarily !� DUC - Health & Wellness 125 represent exact geographic or cartographic DUC - C-2 Heavy Commercial data as mapped. The City of Auburn makes no warranty as to its accuracy. Exhibit B Mitigation Measures Ordinance No. 7006 INTRODUCTION AND PURPOSE The State Environmental Policy Act (SEPA) requires environmental review for a project and non -project proposals that are likely to have adverse impacts to the environment. In order to meet EPA requirements, the City of Auburn issued the Draft Environmental Impact Statement (DEIS) for the Downtown Subarea Plan and Planned Action on September 25, 2024 and the Final Environmental Impact Statement (FEIS) on January 22, 2025. The Draft EIS, together with the Final EIS, is referenced herein as the "EIS". The EIS has identified significant beneficial and adverse impacts that are anticipated to occur with the future development of the Planned Action area, together with a number of possible measures to mitigate those significant adverse impacts. The purpose of this Mitigation Measures Document is to establish specific mitigation measures to be considered for each Planned Action Project, based upon the significant adverse impacts identified in the EIS. The mitigation measures shall apply to future development proposals which are consistent with the Planned Action scenarios reviewed in the EIS, and which are located within the Planned Action Area (see Exhibit A). SEPA TERMS As used in this document, the words "action", "planned action", or "proposal" are defined as described below. Ordinance No. 7006 Exhibit B Page 1 of 5 "Action" means projects or programs financed, licensed, regulated, conducted or approved by a governmental Agency. "Project actions" involve decisions on a specific project such as a construction or management activity for a defined geographic area. "Non -project" actions involve decisions about policies, plans or programs (see WAC 197- 11-704). "Planned Action" refers to types of project actions that are designated by ordinance for a specific geographic area and addressed in an EIS, in conjunction with a comprehensive plan or subarea plan, a fully contained community, a master planned resort, a master planned development or phased project (see WAC 197-11-164). "Proposal" means proposed action that may be an action and regulatory decision of an agency, or any action proposed by applicants (see WAC 197-11-784). GENERAL INTERPRETATION Where a mitigation measure includes the words "shall' or "will," inclusion of that measure in project plans is mandatory in order to qualify a project as a Planned Action Project. Where "should" or "would" appear, the mitigation measure may be considered by the project applicant as a source of additional mitigation, as feasible or necessary, to ensure that a project qualifies as a Planned Action. Unless stated specifically otherwise, mitigation measures that require preparation of plans, conduct of studies, construction of improvements, conduct of maintenance activities, etc., are the responsibility of the applicant or designee to fund and or perform. Ordinance No. 7006 Exhibit B Page 2 of 5 MITIGATION Mitigation measures identified in the EIS are reiterated here for inclusion in proposed projects to mitigate related impacts and to qualify as Planned Action Projects. Consistency review under the Planned Action, development plan review, and other permit approvals will be required for specific development actions under the Proposed Action pursuant to WAC 197-11-172. Additional project conditions may be imposed on planned action projects based upon the analysis of the proposal in relationship to independent requirements of the City, state or federal requirements or review criteria. Any applicant for a project within the Planned Action Area may propose alternative mitigation measures, if appropriate or as a result of changed circumstances, in order to allow equivalent substitute mitigation for identified impacts. Such modifications shall be evaluated by the City's SEPA Responsible Official or designee prior to any project approvals by the City. In combination, regulations applicable to each element of the environment and mitigation measures identified in the EIS and documented in this Mitigation Measures Document that are applied to any planned action proposal will adequately mitigate all significant environmental impacts associated with planned action proposals, except for those impacts that are identified as "significant unavoidable adverse impacts." Mitigation measures are identified in the section below. POPULATION, EMPLOYMENT, AND HOUSING Ordinance No. 7006 Exhibit B Page 3of5 1. Planned Action Projects are subject to regulations applied to existing development and uses in the subarea plan including but not limited to proportional compliance intended to allow existing development and progress towards the Subarea Plan vision and zoning intent. LAND USE AND AESTHETICS 2. Planned Action Projects shall be consistent with Subarea Plan, architectural and site design standards, zoning development standards, subdivisions standards, and the Comprehensive Plan. 3. Planned Action Projects shall be conditioned to be consistent with Inadvertent Human Remains Discovery Language recommended by the State of Washington Department of Archaeology and Historic Preservation as a condition of project approval consistent with RCWs 68.50.645, 27.44.055, and 68.60.055. 4. Planned Action Projects shall demonstrate consistency with crime prevention through environmental design principles through compliance with sub area plan development standards and guidelines. TRANSPORTATION 5. Planned Action Projects shall be consistent with the Engineering Construction Standards, Engineering Design Standards, the Comprehensive Transportation Plan, and any other applicable code provisions. Ordinance No. 7006 Exhibit B Page 4 of 5 6. Planned Action Projects shall implement required street frontages consistent with the Subarea Plan, architectural and site design standard, and the Engineering Design Standards. UTILITIES 7. Planned Action Projects shall be consistent with the Engineering Construction Standards, Engineering Design Standards, the Comprehensive Plan, and any other applicable code provisions. 8. Planned Action Projects shall meet City standards for adequate water and sewer service, pay applicable general facility charges, and incorporate water and sewer infrastructure improvements in street frontage improvements as appropriate. 9. Planned Action Projects shall implement the required current Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW) and City of Auburn Surface Water Management Manual (SWMM), which is the City's supplemental manual to the SWMMWW, for necessary stormwater improvements. Ordinance No. 7006 Exhibit B Page 5of5