HomeMy WebLinkAbout04-13-2026 Agenda Packet
City Council
Study Session
Muncipal Services Special Focus Area
April 13, 2026 - 5:30 PM
City Hall Council Chambers
AGENDA
CALL TO ORDER
PUBLIC PARTICIPATION
A. The Auburn City Council Study Session Meeting scheduled for Monday, April 13, 2026, 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.youtube.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: 253 205 0468
Toll Free: 888 475 4499
Zoom: https://us06web.zoom.us/j/88194165218
ROLL CALL
AGENDA MODIFICATIONS
ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
MUNICIPAL SERVICES DISCUSSION ITEMS
A. Police Department Annual Report (Caillier) (30 Minutes)
B. Ordinance No. 7019 (Martinson) (15 Minutes)
An Ordinance amending Chapter 2.14 of the Auburn City Code to provide necessary
updates and housekeeping amendments in preparation for the opening of the Auburn
Municipal Court
AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Ordinance No. 6999 (Krum) (20 Minutes)
An Ordinance relating to Critical Areas Ordinance Update, amending Sections 16.10.010,
16.10.020, 16.10.030, 16.10.040, 16.10.050, 16.10.070, 16.10.080, 16.10.090, 16.10.100,
16.10.110, 16.10.130, 16.10.140, and 16.10.150 of the Auburn City Code
Page 1 of 451
B. Ordinance No. 7014 (Krum) (25 Minutes)
An Ordinance relating to Battery Energy Storage Systems, amending Sections 18.07.020,
18.23.030, 18.35.030, Chapter 18.29 and establishing two new Sections 18.04.174 and
18.31.240 of the Auburn City Code
C. Ordinance No. 7017 (Thomas) (30 Minutes)
An Ordinance amending the City’s 2025-2026 Biennial Budget
D. Update for the Purchase of Soos Creek Botanical Gardens (Whalen/Krueger) (30 Minutes)
Resolution No. 5897, Resolution No. 5900, and Resolution No. 5901
COUNCIL REPORTS
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 2 of 451
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Police Department Annual Report (Caillier) (30 Minutes) April 13, 2026
Department: Attachments: Budget Impact:
Police 2025 Council Pursuit
Presentation, Annual Report
2025, 2025 Annual CIA Review,
2025 Pursuit Analysis, 2025 Use
of Force Summary, CIA 2025
Council Powerpoint
No Budget Impact
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
The Police Department will present the 2025 Annual Report.
Councilmember: Lisa Stirgus Staff: Mark Caillier
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Auburn Police Department
2025 Pursuit Analysis
Page 4 of 451
In 2025 there was
a 44% decrease in
the number of
pursuits from
2024.
54
37
6
17
52
29
2020 2021 2022 2023 2024 2025
TOTAL PURSUITS BY YEAR 2020-2025
Page 5 of 451
There is no significant trend
in the cumulative number of
pursuits by month. October
has the highest number of
pursuits for 2025 at 5. There
were four pursuits each in
the months of May and
August.
17
19
9
18 18
16
18
26
11
16
12
14
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Total Pursuits by Month 2020-2025
Page 6 of 451
Pursuits in Auburn
have traditionally
occurred between
2000 and 0400 hours.
In 2025 the combined
period between the
hours of 2200 and
0200 had the highest
frequency of pursuits;
16.
44
29
10
6 5 6
4
10
13 14
16
37
Number of PursuitsTime of Day
Pursuits by Time of Day 2020-2025
Page 7 of 451
Definition: The Initial Reason for
Pursuit refers to the crime or
infraction observed by the officer
that provided probable cause for
the initial stop. The purpose of
collecting this data is to show that
officers often have only limited
knowledge as to the underlying
reasons why suspects are fleeing
from them.
Observation: In 2025, 60% of
pursuits were initiated for stolen
vehicles. 17% of pursuits were
initiated for traffic related
offenses.
17%
6%
60%
7%
7%3%
2025 Initial Reason for Pursuit
Traffic
Criminal Traffic
Stolen Vehicle
Felony Suspect
Misdemeanor Suspect
Other
Page 8 of 451
For pursuits that
were not
immediately
terminated, 41%
(12) were 1-2 miles.
10
6
12
1
<0.5 MILES 0.5 - 0.99 MILES 1 - 2 MILES 2.1 OR MORE
2025 Pursuit Distances
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Thank You
Page 10 of 451
AUBURN
VALUES
S E R V I C E
ENVIRONMENT
E C O N O M Y
C H A R A C T E R
SUSTAINABILITY
W E L L N E S S
C E L E B R AT I O N
POLICE DEPARTMENT ANNUAL
REPORT HIGHLIGHTS
Auburn Police Department
Page 11 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Auburn population @90,000 people
Police Department
Authorized 128 Officers
22 Non-commissioned staff
Currently have 122 positions filled, last year 110
10 Officers in field training
4 Officers in the Academy
2 Officers waiting for Academy class
OVERVIEW
Page 12 of 451
61,993 calls
11,494 case
reports
CALLS FOR
SERVICE
54,000
56,000
58,000
60,000
62,000
64,000
66,000
68,000
70,000
72,000
74,000
2020 2021 2022 2023 2024 2025
73,998
72,944
69,072
68,026
64,422
61,993
Calls for Service
Page 13 of 451
35%
Decrease in
Felony Cases
FELONY
INVESTIGATIONS
4,713 4,720
5,460
4,942
4,413
2,882
2020 2021 2022 2023 2024 2025
Total Cases Assigned To Investigations
Page 14 of 451
0
50
100
150
200
250
300
2021 2022 2023 2024 2025 5 yr avg
Homicide 5 13 8 9 3 7.6
Robbery 136 129 207 114 63 129.8
Forcible Rape 47 42 52 73 73 57.4
Aggravated Assault 184 252 246 260 123 213.0
Person Crimes
Homicide Robbery Forcible Rape Aggravated Assault
Homicide -67%
Robbery -45%
Assault -53%
PERSON
CRIMES
Page 15 of 451
0
500
1000
1500
2000
2500
3000
3500
4000
2021 2022 2023 2024 2025 5 yr avg
Burglary 611 795 773 454 451 616.8
Fraud/Forgery 341 346 304 225 224 288.0
Vehicle Theft 902 1,205 1,542 932 451 1006.4
Larceny 3,269 3,468 3,503 3,186 2,155 3116.2
Theft from Vehicle 1,182 892 585 513 283 691.0
Chart Title
Burglary Fraud/Forgery Vehicle Theft Larceny Theft from Vehicle
Veh. Theft -52%
Larceny -32%
Theft from
Vehicles -45%
PROPERTY
CRIMES
Page 16 of 451
Arrest
dropping
6.3%
Bookings
increased
18%
ARRESTED
PERSONS
0
500
1,000
1,500
2,000
2,500
3,000
2021 2022 2023 2024 2025 5 yr avg
Arrests 2,990 2,343 2,683 2,779 2,489 2,657
Bookings 1,320 1,768 2,087 2,351 2,324 1,970
2,990
2,343
2,683
2,779
2,489
2,657
1,320
1,768
2,087
2,351 2,324
1,970
Total Arrests
Arrests Bookings
Page 17 of 451
DOMESTIC
VIOLENCE
CASES
1,876
1,511
1,619
1,551
398
0
200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
2022 2023 2024 2025 2026 YTD
Domestic Violence Cases
Page 18 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2020 2025
EMPLOYEES
33%
23%
20%
5%
8%7%
3%
0-4 5-9 10-14 15-19 20-24 25-29 30+Percentage of Employees by Years of SerrviceYears of Service
All Employees by Years of Service
50%
16%15%13%
1%3%2%
*0-4 *5-9 *10-14 15-19 20-24 25-29 30+Percentage of Employees by Years of ServiceYears of Service
All Employees by Years of Service
Page 19 of 451
03/25/2026 Page 20 of 451
2
This annual analysis of the CIA (Commendations, Inquiries, and Allegations)
investigations provides the administration of the agency and the public we serve a
review of agency personnel conduct from an analytical perspective and possibly through
the eyes of our community. As outlined in the Auburn Police Department Manual of
Standards, the CIA system provides a standardized means of reporting, investigating,
and documenting Commendations, Inquiries, Internal Investigations and Collision
Reviews.
Our Vision Statement calls for us to be a premier agency that is trusted, supported,
and respected. Our Mission Statement requires that our department will “provide
professional Law Enforcement services to our community.” To meet these demands, we
must be a disciplined and a well-regulated organization. One method by which to
determine our success is to evaluate our CIA process. This report illustrates how well
the Auburn Police Department is perceived to be following our Vision and Mission
statements, as well as our Manual of Standards.
Summary of 2025
In 2025, Auburn Police Officers responded to 61,856 CAD incidents (64,422 in 2024)
and completed 11,494 case reports (13,624 in 2024). Officers made 2,138 arrests
(2,779 in 2024) with 2,324 (1,748 male/576 female) of those arrestees being booked
into SCORE (2,351 in 2024) and issued 4,501 infractions/citations (3,801 in 2024). All
this activity accounts for only a portion of the personal contacts with our community
members that are made by our police officers throughout the year.
Commendations
A Commendation is used to recognize actions or performance by members of the
police department who act or perform in a manner that is outstanding or beyond what is
normally expected. The Commendation process recognizes employees for
Professionalism, Exemplary Job, Exemplary Actions, Life Saving and Heroism.
Most of our commendations come from citizens who took the time to recognize one or
more officers due to their exemplary and professional work. Other commendations come
from supervisors recognizing officers for a job well done, known as Supervisor
Comments. These commendations range from officers conducting school speeches,
helping someone change a tire or going above and beyond to investigate someone’s
case.
Letter of Commendation
A Letter of Commendation is used when department personnel perform a
commendable act that rises above the level of a commendation but does not meet the
criteria for an award. Examples include an officer going above and beyond to
exemplify our Core Values of Courage, Honor, Integrity, and Professionalism. These
letters range from officers volunteering to work an alternative assignment to assist with
Page 21 of 451
3
staffing, to effectively communicating with a suicidal subject in crisis that leads to a
safe resolution.
Awards
The Medal of Valor will be awarded to department personnel for acts that meet all of
the following conditions.
1. When the act conspicuously displays extreme courage, beyond the normal
demands for police service.
2. When failure to take such action would not justify official censure.
3. When substantial risk to their physical safety actually existed and the individual
was unquestionably conscious of this imminent threat.
4. When the objective was logically believed to be of sufficient importance to
justify the risk taken.
The Medal of Distinction will be awarded to department personnel for acts which meet
all of the following criteria.
1. When personnel manifest courage in the performance of duty under
circumstances less than those required for the Medal of Valor.
2. When a risk to the individual’s physical safety actually existed, or when
there was reason to believe that such a risk was present.
3. When the act indicated that the individual was conscious of the imminent
danger to their personal safety, or when a reasonable and prudent person would
normally assume such a danger was present.
4. When the objective was reasonably believed to be of sufficient importance
to justify the risk taken.
5. When the individual accomplished the objective or was prevented from
doing so by circumstances beyond his/her control.
The Lifesaving Medal shall be awarded to department personnel for acts that meet all
the following criteria.
1. When the acts were personally performed by the officer.
2. When affirmed by competent medical authority, an individual saved a human
life or prolonged life beyond the day of extraordinary circumstances.
The Merit Medal shall be awarded to department personnel for acts that meet all the
following criteria.
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4
1. When individuals who distinguish themselves by excellence in events which
involve tactical action.
2. When the event involves some risk to the individual.
The Honorable Tactical De-escalation Medal shall be awarded to department
personnel for acts that meet all the following criteria.
1. When the acts were personally performed by the department member.
2. When the department member utilized exceptional tactical skills or verbal
approaches and techniques to de-escalate any deadly force situation resulting
in the saving or sustaining of a human life.
3. When the deadly force and de-escalation factors can be independently
verified.
Employee Investigations
There are three ways a complaint can be categorized and investigated: Supervisor
Inquiry, Supervisory Investigation and Internal Investigation.
A Supervisor Inquiry involves a complaint that is informal and typically does not arise
to discipline. Generally, the involved individual’s immediate supervisor will inquire into
these complaints as directed and will have 10 calendar days to complete the inquiry.
The two categories of disposition involving a supervisor inquiry are acceptable or
unacceptable performance. If the inquiry determines there was unacceptable
performance, the supervisor will meet with the employee and provide coaching &
counseling.
A Supervisory Investigation involves a complaint made regarding the quality-of-
service delivery. These complaints vary in degree from complaints regarding an
employee’s demeanor, tardiness, complaints related to customer service, or the nature
of a department practice. This may also be a complaint of a minor policy violation. The
employee’s immediate supervisor typically handles this type of complaint, but a
commander might also take charge of it.
An Internal Investigation involves a complaint of a possible violation of department
standards, written directives, City policies or applicable Civil Service Rules. These
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5
allegations include, but are not limited to, complaints of bias-based policing, excessive
force, alleged corruption, insubordination, breach of civil rights, false arrest, and other
types of allegations of serious misconduct. If an allegation of criminal misconduct is
reported and appears to have merit, a simultaneous criminal investigation will be
initiated.
Internal Investigations
Internal Investigations generated by internal and external sources
External Sources Internal Sources Total Combined
Total Investigations 4 4 8
Sustained Misconduct 1 3 4
In examining the above tables, Internal Investigations generated internally usually
resulted in a finding of actual misconduct. The above table shows that three
Investigations received from internal sources resulted in a finding of misconduct. During
these types of investigations, statements, photographs, videos, police reports, and any
other potential documentation are examined. The investigation is then forwarded to a
supervisory review board to determine findings.
Supervisory Investigations
These numbers continue to be very low compared to the number of contacts with the
public. This would appear to indicate that our officers conduct themselves most of the
time in a professional manner because these are complaints regarding an officer’s
demeanor, tardiness, and customer service.
Page 24 of 451
6
Allegations
The following table depicts the total combined allegations by category for all Supervisor
Investigations and Internal Investigations for 2025. The total amount of allegations does
not always equal the number of investigations. Investigations (Supervisor Investigations
& Internal Investigations) often have several allegations that are investigated. It should
be noted that Supervisory Investigations and Internal Investigations can result in
findings of Misconduct or No Misconduct.
Allegation Total
No Misconduct/ Misconduct/
No Conclusion/
Pending Acceptable Unacceptable
performance
Performance
Violation of General
Policy 1 0 1 0
Discourtesy 2 1 1 0
Code of Conduct 2 0 1 1
False Arrest 0 0 0 0
Excessive Force 2 2 0 0
ACCESS Violation 0 0 0 0
Conduct Unbecoming 0 0 0 1
Core Values 2 0 2 0
Fail to Meet Job
Expectations 3 0 3 0
Foot Pursuit Policy 0 0 0 0
Ethics 1 0 0 1
Supervisory
Responsibilities 1 0 0 1
Discriminatory
Harassment 1 0 0 1
Vehicle Pursuit Policy 0 0 0 0
Totals 15 3 8 5
Collisions
In 2025, there were 34 collisions involving APD employees. Nineteen of the 34 collisions
were determined to be preventable on the part of the officer. The median years of service
of the officers involved in preventable collisions is 5. Nine of the preventable collisions
that occurred were officers who have 5 years or less of service with Auburn PD. In
examining the number of collisions, it is important to note that the department
determines a collision to be any time an employee in control of a department vehicle
has any contact with another vehicle, object, or person. Damage caused by a specific
maneuver (PIT, intentional strike, etc.) is not considered a collision under our
department policy. Most of these collisions did not meet the state definition of a
reportable collision. In Washington State, a reportable collision is defined as any vehicle
accident resulting in injury, death, or property damage to any one person of at least
$1,000.
Page 25 of 451
7
In reviewing the 19 collisions which were determined by a Collision Review Board to be
preventable, “driver inattention” was apparent in most cases, by either watching for
suspects or looking at vehicle equipment inside the car. If the drivers had been more
attentive, they would not have collided with another vehicle, curb, tree, etc. All 2025
collisions (preventable and non-preventable) are categorized as follows:
• 10 - Driver Inattention
• 5 - Improper Backing
• 1 - Other
• 1 – Poor Tactics
• 1 – Fail to Clear Intersection
• 1 – Driving Beyond Ability
The chart below depicts the corrective action dispensed to the employees in preventable
collisions. Some officers also received additional training where it was appropriate.
2022 2023 2024 2025
16
24
45
34
12 12
16 19
2022 -2025 COLLISIONS
Collisions Preventable
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8
Actions Taken Internal Investigations
The following chart depicts action taken for misconduct, whether from an Internal
Investigation or Supervisory Investigation, for each employee involved.
There was one Internal Investigation that had findings of Actual Misconduct where the
employee resigned prior to any disciplinary recommendation.
Coaching Written
Reprimand
Suspension Dismissal
11
1 0 0
12
0 0 0
25
1 0 0
16
2 1 0
COLLISIONS
Corrective Action 2022 Corrective Action 2023
Corrective Action 2024 Corrective Action 2025
1
1
4
1
2
3
0 0.5 1 1.5 2 2.5 3 3.5 4 4.5
Coaching & Counseling
N/A - Active
None - No Misconduct
Resigned
Suspension
Written Reprimand
Coaching &
Counseling N/A - Active None - No
Misconduct Resigned Suspension Written
Reprimand
Total 1 1 4 1 2 3
2025 Supervisory Investigations &
Internal Investigations
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9
Outside Agency Investigations
To ensure that our investigations are unbiased, there are times when an outside agency
may be asked to investigate serious allegations of misconduct made against agency
staff, especially those that may be of criminal nature. This provides Auburn citizens with
confidence and allows for unbiased transparency into actions, activities, and decisions
made by the Auburn Police Department. In 2025 there were no allegations of criminal
misconduct.
Grievances
Two Internal Investigations that concluded during 2025 were grieved to level 3 and are
currently in the arbitration process. These Investigations involved findings of Actual
Misconduct.
Conclusion
A review of the frequency of incidents for 2025 regarding alleged misconduct by
employees of the Auburn Police Department does not appear to raise any specific
concerns. The number of allegations and found misconduct when compared to the
actual number of contacts Auburn Police Officers encounter each year is extremely low
(.006% for Internal Investigations, .005% of Supervisory Investigations). This illustrates
and confirms that we take all complaints seriously and train our employees regularly,
and when necessary, use corrective action depending on the severity of the allegation
and according to policy and our discipline matrix.
Page 28 of 451
Pursuit Analysis
2025
This document is to report 2025
pursuit information, conduct a
comparative analysis against
recent years on a variety of
pursuit aspects, offer suggestions
on how to improve decision-
making during pursuit driving by
Auburn Officers, and to identify
areas where Emergency Vehicle
Operators Course training can be
enhanced.
Commander Chris Burger
3/27/2026
Page 29 of 451
2 | Page
The information in this analysis was obtained from a combination of Spillman Incident reports and pursuits
reported via Report of Pursuit in BlueTeam to IA Pro.
The current procedure for collecting data on pursuits is outlined below and in the Auburn Police Department
Policy Manual, Chapter 345.
Vehicle Pursuit Reporting
1. Following a pursuit, Patrol Supervisors are responsible for completing a Report of Pursuit through
BlueTeam. As part of the Report of Pursuit, the Supervisor will interview the involved officer(s) and
review all available in-car and body worn camera videos. The purpose of this report and critique is to
identify those aspects of the pursuit that went well and those that could be improved upon. It is also
designed to determine whether the pursuit met the policy manual guidelines, or whether it deviated
from the guidelines. If the pursuit deviated from policy, a determination should be made as to whether
this deviation was acceptable.
2. The report is then forwarded through the chain-of-command to the Chief of Police. The Division
Commander has the option of providing additional critiques for any pursuit, for training purposes. All
pursuits are documented in this manner and reviewed for this analysis. The Report of Pursuit is then
forwarded to the Office of Inspectional Services and added to IA Pro.
3. Once the Office of Inspectional Services logs the report, it is then available to the Emergency Vehicle
Operators Course (EVOC) coordinator for the purposes of data collection, annual analysis, evaluating
and/or recommending changes to the pursuit policy, as well as identifying potential training
opportunities.
AUBURN POLICE DEPARTMENT
2025 PURSUIT ANALYSIS
Page 30 of 451
3 | Page
2025 Pursuit and Comparative Analysis
On the pages following is a collection of key charts and tables that cover vehicle pursuits by type, time of day,
tactical intervention and more. In addition, key observations for each category are provided.
Page 31 of 451
4 | Page
Chart 1. Total Pursuits by Year
Observations: In 2025 there was a 44% decrease in the number of pursuits from 2024.
Chart 2. Total Pursuits by Month
Observations: There is no significant trend in the cumulative number of pursuits by month. October has the
highest number of pursuits for 2025 at 5. There were four pursuits each in the months of May and August.
Chart 3. Total Pursuits by Month 2025
54
37
6
17
52
29
2020 2021 2022 2023 2024 2025
TOTAL PURSUITS BY YEAR 2020-2025
17 19
9
18 18 16 18
26
11
16
12 14
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Total Pursuits by Month 2020-2025
1
2
0 1
4
3
2
4
2
5
3
2
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Total Pursuit by Month -2025
Page 32 of 451
5 | Page
Chart 4. Pursuits by Day of the Week 2020-2025
Chart 5. Pursuits by Day of the Week 2025
Observations: Weekends typically have more pursuits. However, this changed in 2024 and remained
consistent in 2025, with the most pursuits, 8, occurring on Monday.
35
20 19
34
28
33
25
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY
Pursuit by Day of Week 2020-2025
8
2
0
4
7
3
5
0
1
2
3
4
5
6
7
8
9
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Pursuits By Day of Week 2025
Page 33 of 451
6 | Page
Chart 6. Pursuits by Time of Day (2020-2025)
Observations: Pursuits in Auburn have traditionally occurred between 2000 and 0400 hours. In 2025 the
combined period between the hours of 2200 and 0200 had the highest frequency of pursuits; 16. There are
several possible explanations for this.
• During this time there are favorable traffic conditions.
• The ratio of officers versus citizens on the road is greatest during this time, and Auburn crime
data indicates the criminal element is more active between these hours.
• Except for the afternoon rush hour, this is reflective of the APD workload and staffing
distribution. Patrol staffing deployment between these hours is increased as this period
correlates with the hours of the highest calls for service.
44
29
10 6 5 6 4 10 13 14 16
37
Number of PursuitsTime of Day
Pursuits by Time of Day 2020-2025
Page 34 of 451
7 | Page
Chart 7. Pursuits by Vehicle Type
Observations: Sedans traditionally make up most vehicles initiating pursuits. In 2025, 18 pursuits involved
Sedans, making up 62% of the total. SUVs were pursued 9 times, making up 31% of the total. There were no
pursuits involving vans or motorcycles.
Chart 8. Dry v. West Chart 9. Day v. Night
Observations: Most pursuits occur at night and on dry roadways. Historically, this is a stable trend for pursuits
in Auburn.
62%7%
31%
2025 Vehicle Breakdown
Sedans
Trucks
SUV
69%
31%
Dry vs. Wet Roadway
Dry
Wet
28%
72%
Day vs. Night
Day
Night
Page 35 of 451
8 | Page
Chart 10. Initial Reason for Pursuits
Definition: The Initial Reason for Pursuit refers to the crime or infraction observed by the officer that provided
probable cause for the initial stop. The purpose of collecting this data is to show that officers often have only
limited knowledge as to the underlying reasons why suspects are fleeing from them.
Observation: In 2025, 60% of pursuits were initiated for stolen vehicles. 17% of pursuits were initiated for
traffic related offenses.
Chart 10. Pursuit Distances
Observations: For pursuits that were not immediately terminated, 41% (12) were 1-2 miles.
17%
6%
60%
7%
7%3%
2025 Initial Reason for Pursuit
Traffic
Criminal Traffic
Stolen Vehicle
Felony Suspect
Misdemeanor Suspect
Other
10
6
12
1
<0.5 MILES 0.5 -0.99 MILES 1 -2 MILES 2.1 OR MORE
2025 Pursuit Distances
Page 36 of 451
9 | Page
Chart 12. Pursuit Speeds (2020-2025)
Observations: Of significant note is the percentage of pursuits during each year with sustained speeds at 80
MPH or greater. The purpose of selecting this range of speeds is so officers understand the importance of
ending pursuits as soon as possible. Furthermore, there is a correlation between high speeds and prolonged
distance, to pursuits that end in a collision. The above chart shows the percentage of pursuits between 2020
and 2025 that were classified at speeds greater than 80 MPH.
Chart 13. Pursuit Ending
11%
19%
50%
59%
50%
62%
2020 2021 2022 2023 2024 2025
Percentage of Pursuits Over 80 MPH
4 2 1
25
2 1 0
17
8 0 0 0 40
5
10
15
20
25
30
2025 Pursuit Ending
Page 37 of 451
10 | Page
Observations:
The above chart reflects how 2025 pursuits concluded. Some pursuits are represented by more
than one category. For example, while 25 suspects escaped, some of them are represented under
suspect collision, PIT or terminated. Of note, in 2025 86.2% (25) of the 29 pursuits were terminated
by the involved officer or supervisor. This demonstrates that the Sergeants were closely monitoring
their officers involved in the pursuits and the circumstances of the pursuit. It also shows that the
officers themselves recognized on their own the need to terminate the pursuit. They were
compelled to terminate the pursuit when the hazards created by it were greater than the danger
posed by the suspects escape.
Officers had only two opportunities to use spike strips in 2025. This is most likely because nearly all
pursuits were terminated or ended after a very short distance.
Of the 29 pursuits in 2025, four resulted in the capture of the suspect.
Chart 13. Officer Frequency 2025
Observations: For training purposes, it is helpful to monitor the number of pursuits that individual officers
initiate. It should also be noted that we have started to monitor not just the officer initiating the pursuit, but
also an officer’s involvement in the pursuit. Meaning that if he/she joins as a second unit involved, they will
be shown in this statistic. In 2025, of the 29 pursuits, 19 officers were involved in one pursuit, 5 officers were
involved in two pursuits, 4 officers involved three pursuits, and 3 officers were involved in 4 pursuits.
19
5 4 3 2 2 1
1 PURSUIT 2 PURSUITS 3 PURSUITS 4 PURSUITS 5 PURSUITS 6 PURSUITS 7 PURSUITS
2025 Pursuits Per Officer
Page 38 of 451
11 | Page
Chart 14. Pursuits Involving Collisions 2020-2025
Observations: In 2025, there was 1 collision by a suspect and 0 by an Officer. No injuries occurred to the
suspect. No officers were injured because of these pursuits.
Chart 15. Collisions Vs. High-Speed Pursuits 2020-2025
Observations: This chart depicts a possible correlation between the incidence of collisions and pursuits at
speeds greater than 80 MPH, at least for most of the years shown. In 2025 there were no collisions involved in
pursuits at speeds greater than 80 MPH. This statistic points to the fact that sergeants and officers are very
cognizant of this and are terminating pursuits appropriately.
12%11%
50%
35%
11%3%0%
10%
20%
30%
40%
50%
60%
2000 2021 2022 2023 2024 2025
Pursuits Involving Collisions 2020-2025
0%
10%
20%
30%
40%
50%
60%
2000 2021 2022 2023 2024 2025
Collision & High Speed Comparison
Collisions >80MPH
Page 39 of 451
12 | Page
Chart 16. Suspect Gender Chart 17. Suspect Age
Chart 18. Suspect Race
Observations: Of the known suspects in 2025 pursuits, 14 were male and there were no known female
suspects. 8 suspects were White, 4 were African American, 2 were Hispanic, and 15 were unknown. Three
identified suspects were less than 18 years old. Not all suspects are identified or captured. Due to the higher
probability of pursuits occurring at night, and the fact that most pursuits are terminated, it is difficult for
officers to obtain these characteristics. Also, some suspects were identified after the pursuit concluded
through investigative measures.
14
0
15
MALE FEMALE UNKNOWN
Suspect Gender
3 2 4 1 1 0
18
Suspect Age
8
4
2 0 0
15
WHITE BLACK HISPANIC PACIFIC ISL.ASIAN UNKNOWN
Suspect Race
Page 40 of 451
13 | Page
Summary:
1) The number of pursuits in the City of Auburn tends to fluctuate like other crimes reported. Between
2005 and 2025, the average number of pursuits per year was 30.71. Between 2005 and 2009, the
average number of pursuits per year was 31.2. The next five years (2010 - 2014) there was a significant
decrease in the number of pursuits per year (17.8). Between 2015 – 2019, the average pursuits per
year was 41. Lastly, as stated previously, the average number of pursuits per year between 2020 –
2025 was 39. 2018 still has the highest number of pursuits per year at 62. In 2022, however, due to
significant legislative actions, discretionary police practices were removed and nearly all incidents of
pursuits (6) ceased. In 2024, these discretionary practices were returned, and the number of pursuits
showed a significant increase.
2) In 2025, compared to 2024, the average length of a pursuit remained consistent (.91 miles).
3) In terms of what the officers knew at the time each pursuit was initiated, 60% of pursuits in 2025 were
initiated for stolen vehicles.
4) The Auburn Police Department has a highly efficient method of capturing pursuit data for subsequent
analysis and training. The department should continue evaluating what information should be
captured, and how that information should be recorded.
5) There have been major changes in legislation and modification of the pursuit policy to allow for greater
discretion for officers and supervisors on pursuits for crimes that are less severe. There are always
underlying reasons why suspects flee from the police. We do not know the extent of the reasons for
motorists to flee, such as warrants, weapons violations, and other felonies. As mentioned in #3
(above), the “real” reasons suspects are fleeing should be recorded on those suspects who are
captured and are willing to speak.
6) Supervisors were very involved in monitoring the 2025 pursuits. This year, 25 of 29 pursuits (86.2%)
were terminated by either first line supervisor or the involved officer(s) after approval had initially
been given to pursue.
7) Supervisors and officers have often made the correct decision and chose not to continue to pursue
even when it was allowed by legislation and policy. It is commendable that they have made these
decisions, as it shows that they are constantly weighing the danger of the pursuit to the public, against
the danger created by the suspect escaping.
Page 41 of 451
14 | Page
Training
1. For many years, Emergency Vehicle Operators Course, (EVOC), training consisted of eight hours for
each officer, every three years. During the eight hours, the officer received training in the Pursuit
Policy, vehicle placement, auto-cross, high speed tactical driving, pursuit scenarios, and the Pursuit
Immobilization Technique (PIT).
2. The EVOC training provided has changed over time. It has adapted to Legislative and policy changes.
To capture officer attention, EVOC training was shortened to four hours of intensive high speed, slow
speed, controlled braking, PIT, and scenario-based training. At least one half of all commissioned
officers receive pursuit driving and pursuit scenario training per year. The officers also received
refresher training in the PIT maneuver.
3. EVOC instructors have the officers continue to perform high speed training and the PIT maneuver until
both the officer and instructor are confident that the officer is thoroughly familiar with these
techniques. The intent of training at Pacific Raceways is to get more officers through this critical high
risk – low frequency training, and on a more frequent basis. This is even more important now that this
critical task is less frequent. This training is mandated to take place for every officer every two years,
which is a change from the previous requirement of every three years.
4. The EVOC coordinator and several instructors review department pursuits and collisions. A
determination is made to consider additional training for the officers that are found to be involved in
preventable collisions. In 2024 EVOC Instructors noted that the number of preventable, slow speed
collisions was increasing within the department. Through cooperation with the Auburn School District,
the EVOC staff provided additional slow speed training at Bowman Elementary School, in the hope of
decreasing these types of collisions. This training continued into 2025.
5. There is currently a push to provide basic EVOC training to new recruits to give them this important
training prior to annual training in October or November. This is problematic at times as finding a
location that will allow the training is challenging.
6. If timing and scheduling allows, we have been sending new hires (pre-academy) to department EVOC
training.
7. For 2026, EVOC will be held at the Washington State Patrol Academy. The EVOC designed course will
allow for better training, more course layout options, and designated PIT and slow-speed areas. This
will also allow the department to send a greater number of commissioned staff through in a shorter
period of time and maximize the training opportunities.
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1
3/25/2026 Page 43 of 451
2
The purpose of this annual report is to document and summarize all Uses of Force that were
completed by Auburn Officers during the 2025 calendar year. This report compares statistics from
previous years through 2025, which adds context and helps us identify trends that we can address
in future training. The report will compare Use of Force incidents vs. Use of Force Allegations; types
of injuries sustained by both suspect and officer; and force used when presented with different
scenarios (i.e. officer about to be assaulted, suspect fled, etc.).
In 2025, Auburn Police Officers responded to 61,856 CAD incidents (64,422 in 2024) and completed
11,494 case reports (13,624 in 2024). Officers made 2,389 arrests (2,779 in 2024) with 2,324 of
those arrestees being booked into SCORE (2,351 in 2024) and issued 4,501 infractions/citations
(3,801 in 2024).
There were 142 incidents where officers were required to use force. 2 of those incidents included
the use of deadly force and are still in review by the King County Prosecuting Attorney’s Office. Of
the 142 incidents there were 140 Use of Force reports completed by officers in 2025 compared to
246 in 2024. Of the 140 incidents, injuries were reported as follows:
7 – Bruising/Redness
26 – Complain/Not Apparent
5 – K-9 Bite
1 – K-9 Clothing
9 – Laceration
1 – Medical Aid Declined
62 – No injuries noted or visible
2 – Other
4 – Pre-existing injury
7 – Puncture
33 – Scrape
9 – Scratch
2 – Nothing entered
62
33
26
9 9 7 7 5 4 2 2 1 10
10
20
30
40
50
60
70
Injury From Force -2025
Page 44 of 451
3
All injuries were photographed and noted, and most were minor scrapes, bruises, small lacerations,
K-9 contacts, and complaints of pain with no visible injury.
It is important to understand that there are times when it takes two or more officers using force on
one suspect in order to gain compliance and get the suspect in custody. When that occurs, each
officer is required to complete a force report which then generates multiple force reports for one
incident. Table #1 below depicts the ratios in comparison to the force incidents.
Only .229% of subjects contacted resulted in force being used.
2024
2024 Ratio
2025
2025 Ratio
249 UoF
Incidents 142 UoF Incidents
CAD 64,422 1/259 (.39%) 61,856 1/436 (.229%)
Cases 13,624 1/55 (1.83%) 11,494 1/81 (1.235%)
Arrests 2,779 1/11 (8.96%) 2,389 1/17 (5.88%)
Bookings 2,351 1/9 (10.5%) 2,324 1/16 (6.25%)
The above table effectively shows that our officers use de-escalation techniques well. As
you can see, only 142 subjects out of 61,856 who were contacted compelled the officer to
use force.
Table #2 below shows the ratio comparison from 2024 regarding force reports completed.
Only .226% of contacts resulted in a use of force report being completed.
2024 2024 Ratio 2025 2025 Ratio
246 Reports 140 Reports
CAD 64,422 1/261 (.38%) 61,856 1/442 (.226%)
Cases 13,624 1/55 (1.8%) 11,494 1/82 (1.22%)
Arrests 2,779 1/11 (8.85%) 2,389 1/17 (5.88%)
USE OF FORCE COMPARISON
The Auburn Police Department reports uses of force using an electronic reporting system. If there
is any allegation of excessive force, by policy an internal investigation may be ordered by the Chief
of Police. The following chart is a snapshot comparison of total excessive force allegations for each
year compared to the number of force reports.
Force Report Comparison 2023-2025
In 2025, we received one allegation of inappropriate and/or excessive use of force involving two
officers. An internal investigation was conducted and found no evidence of misconduct by either
officer. Table #3 shows there was 1 incident that resulted in allegations of excessive force. Table
#4 then reflects these same numbers in a percentage of allegations which is 0.70% in 2025.
Page 45 of 451
4
Table 3
Year Use of force reports Excessive Force Allegations Sustained
Allegations
2023 161 0 0
2024 246 1 0
2025 140 1 0
Table 4
Types of Force Used
The use of force types listed below are techniques that the officers are trained to use depending on
the type of resistance the subjects are exhibiting. Take Down is the most used type of force our
officers use which is also the least invasive type of force. PIT is Pursuit Immobilization Technique
which is used during pursuits to end the pursuit as quickly as possible in order to reduce potential
injury and take the suspect into custody. An Intentional Vehicle Strike is authorized by policy in
certain situations which entails the officer striking a suspect vehicle with his/her patrol car at slow
speed to pin the vehicle so that it cannot continue to flee. There was a total of 178 force types
documented in 2025.
Page 46 of 451
5
Force Types Used in 2025
Table #5 below shows each force type that can be used by an officer and shows the number of
times that force was used in 2025.
Table 5
Effective vs. Not Effective
Not every type of force is always effective, and at times multiple types of force are used on one
person during the same incident. Table #6 shows the effectiveness of the types of force and shows
when a force type is ineffective. As you can see officers use verbal skills first quite often, and when
that is ineffective the officer is then compelled to use a different type of force.
Table 6
0
5
10
15
20
25
30
35
40
45
Att. PITClosed Hand StrikeCounter JointElbow StrikeFirearm DisplayHair HoldImpact DeviceIntent. Veh. StrikeK9 ApplicationKnee StrikeLeg RestraintOtherPepperBallPITPressure PointSpikesTackleTake DownTaserVehicleVerbalWRAP2 1
12
1
13
2 2
9 6 3 4
36
1
7
1 2 6
42
12
1
12
3
Force Types Used in 2025
0
5
10
15
2025
30
35
40
Att. PITClosed Hand StrikeCounter JointElbow StrikeFirearm DisplayHair HoldImpact DeviceIntent. Veh. StrikeK9 ApplicationKnee StrikeLeg RestraintOtherPepperBallPITPressure PointSpikesTackleTake DownTaserVehicleVerbalWRAP1 1
10
1
12
2 1
6 6 2 4
31
1
7
0 2 6
40
7
1 0 310201013010
5
0 0 1 0 0 2 5
0
12
0
Effective vs. Not Effective Force Used 2025
Effective Not Effective
Page 47 of 451
6
Force Used Resulting in Injuries
In 2025, injuries were reported by the suspect in 59% of all uses of force. Officers received minor
injuries in 12% of the incidents. Injuries to suspects can include abrasions, contact from K9’s, or
general complaints of pain. All complaints of injuries are required to be documented and
photographed. Officer injuries included bruising, minor punctures, scrapes and scratches. Table #7
and #8 compare these numbers to previous years. There were no fatal injuries or injuries resulting
in serious bodily injury due to use of force.
Table 7
Total Force
Reports Suspects Injured Officers Injured % of total of suspects
injured
2023 163 94 23 57%
2024 246 104 30 42%
2025 140 82 17 59%
Table 8
Time of Day
The below tables depict the Auburn Police Departments use of force incidents by time of day. As in
previous years documented, the majority of the occasions that officers are compelled to use force
occur between the hours of 6:00 PM and midnight. Table #9 focuses on the year 2025 only and
Table #10 compares the times to previous years.
Broken Bone
Complain/Not Apparent
K9 Clothing
Laceration
Other
Puncture
Scratch
0
7
26
5
1
0
9
1
2
4
7
36
9
0
11
46
8
5
0
12
4
2
1
8
26
8
1
11
23
4
1
1
12
2
4
8
6
12
9
SUSPECT INJURY BY TYPE 2023 -2025
2023 2024 2025
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7
Table 9
Table 10
Reason for Use of Force
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8
Table #11 below shows the reasons that officer(s) were compelled to begin to use force resulting
in the 140 force reports.
Table 11
Citizen Resistance During Force Encounter
Table #12 below shows the different resistance citizens were giving to an officer during a use of
force encounter. Most of the time there are multiple types of resistance provided by a subject
during a force encounter. In 2025, there were 138 documented forms of resistance during force
encounters.
Table 12
Officer Assessment of Citizen Prior to Force Being Used
0 20 40 60 80 100 120 140
Attempting to Escape
Officer About to be Assaulted
Other/No Entry
Refusing Commands
Officer Assaulted
Subject with Weapon
Other About to be Assaulted
Reason for Use of Force 2023-2025
2023 2024 2025
Page 50 of 451
9
The below table is what the officer was observing or perceiving of the citizen prior to being
compelled to use force.
Table 13
Use of Force Demographics
Table 14 depicts the race of the citizen the officer(s) were compelled to use force on. These
numbers are in relation to 61,856 contacts our officers had in 2025 which resulted in only 142
incidents of force.
Table 14
Agitated
Alcohol /Drug
Angry
Calm
Enraged
Mental Disorder
Out of Control
51
28
13
21
5
7
15
88
57
16
29
6
3
47
55
44
13
28
2
9
13
OFFICER ASSESSMENT BEFORE FORCE
2023 2024 2025
16
42 32
9 10
4332
53 52
9 21
85
20
46
24
10 16
55
CITIZEN RACE -USE OF FORCE
2025 2024 2023
Page 51 of 451
10
Table 15 depicts the gender of the citizen the officer(s) were compelled to use force on.
Table 15
Summary
It is clear from the report that Auburn Officers contact many subjects throughout the year and make
many arrests. Calls for service were down by over 2,500. Subsequently, force incidents continue
to be low compared to the number of contacts our officers make each year.
The most compelling statistics in this report are that the calls for service, arrests, and bookings are
high numbers and by percentage the use of force does not occur often. In 2025, only .229% of CAD
incidents required force to be used on a subject. Officers continue to receive annual defensive
tactics/use of force training, as well as training on de-escalation techniques. This training
encompasses classroom, hands-on, and scenario-based training. Each Officer has completed the
40-hour Crisis Intervention Training as well as completing yearly refresher training as required.
Auburn PD has a cadre of Patrol Tactics Instructors (PTI) that allows for additional de-escalation
tactics training.
The APD Use of Force Committee, comprised of Commanders, Sergeants, and officers who are
highly trained in police use of force encounters, continues to provide oversight and training
recommendations for officers. We continue to be part of the Department of Justice FBI Use of Force
database. Uses of force that result in serious bodily injury (as defined by the Department of Justice)
or death will be reported in the FBI database. Any use of force that results in great bodily harm (as
defined by the Revised Code of Washington), death, or appears to be out of policy, will be reviewed
by the Use of Force Committee and is required to be reported to the Washington State Criminal
Justice Training Commission (CJTC). After the Use of Force Committee reviews the incident
involving force, a representative from the committee provides a report to the Chief. The goal of the
Use of Force Committee is to provide a more detailed analysis than is already done and to analyze
force trends to enhance training, reduce injuries and ensure our citizens remain protected.
2025 2024 2023
117
207
136
32 45 30
3 21 5
GENDER -USE OF FORCE
Male Female Other /Unknown/Not Entered
Page 52 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
AUBURN POLICE DEPARTMENT
2025
ANNUAL CIA REVIEW
AUBURN
VALUES
SERVICE
ENVIRONMENT
ECONOMY
CHARACTER
SUSTAINABILITY
WELLNESS
CELEBRATION
Auburn Police Department
Page 53 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Auburn Police Department
AUBURN
VALUES
SERVICE
ENVIRONMENT
ECONOMY
CHARACTER
SUSTAINABILITY
WELLNESS
CELEBRATION
Shaun W. Feero
Commander, Inspectional Services
sfeero @auburnwa.gov
253-288-3163
Page 54 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Commendations
Page 55 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Internal Investigations
Page 56 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Internal Investigations
External Sources Internal Sources Total Combined
Total Investigations 4 4 8
Sustained Misconduct 1 3 4
Page 57 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Supervisory Investigations
Page 58 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Allegations
Allegation Total
No Misconduct/ Misconduct/
No Conclusion/
Pending Acceptable Unacceptable
performance
Performance
Violation of General
Policy 1 0 1 0
Discourtesy 2 1 1 0
Code of Conduct 2 0 1 1
False Arrest 0 0 0 0
Excessive Force 2 2 0 0
ACCESS Violation 0 0 0 0
Conduct Unbecoming 0 0 0 1
Core Values 2 0 2 0
Fail to Meet Job
Expectations 3 0 3 0
Foot Pursuit Policy 0 0 0 0
Ethics 1 0 0 1
Supervisory
Responsibilities 1 0 0 1
Discriminatory
Harassment 1 0 0 1
Vehicle Pursuit Policy 0 0 0 0
Totals 15 3 8 5
Page 59 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Collisions
10 - Driver Inattention
5 - Improper Backing
1 - Other
1 – Poor Tactics
1 – Fail to clear intersection
2022 2023 2024 2025
16
24
45
34
12 12
16 19
2022 -2025 COLLISIONS
Collisions Preventable
Page 60 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Collisions cont.
The below chart depicts the corrective action dispensed to the employees in preventable collisions. Some officers also received additional training where it was appropriate.
Coaching Written
Reprimand
Suspension Dismissal
11
1 0 0
12
0 0 0
25
1 0 0
16
2 1 0
COLLISIONS
Corrective Action 2022 Corrective Action 2023
Corrective Action 2024 Corrective Action 2025
Page 61 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Combined Discipline
The following chart depicts action taken for misconduct, whether from an Internal Investigation or
Supervisory Investigation, for each employee involved.
Page 62 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Outside Agency Investigations
To ensure that our investigations are unbiased, there are times when an
outside agency may be asked to investigate serious allegations of
misconduct made against agency staff, especially those that may be of a
criminal nature. This provides Auburn citizens with confidence and allows
for unbiased transparency into actions, activities, and decisions made by
the Auburn Police Department. In 2025 there were no allegations of criminal
misconduct.
Page 63 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Conclusion
A review of the frequency of incidents for 2025 regarding alleged misconduct by employees of the Auburn Police Department does not appear to raise any specific concerns. The number of allegations and found misconduct when compared to the actual number of contacts Auburn Police Officers encounter each year is extremely low (.006% for Internal Investigations, .005% of Supervisory Investigations). This illustrates and confirms that we take all complaints seriously and train our employees regularly, and when necessary, use corrective action depending on the severity of the allegation and according to policy and our discipline matrix.
Page 64 of 451
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 7019 (Martinson) (15 Minutes)
An Ordinance amending Chapter 2.14 of the Auburn City Code to provide
necessary updates and housekeeping amendments in preparation for the
opening of the Auburn Municipal Court
April 13, 2026
Department: Attachments: Budget Impact:
Human Resources and Risk
Management
Ordinance No. 7019, Exhibit A
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
On October 6, 2025, Council approved Ordinance No. 7002 establishing the Auburn Municipal Court.
Establishing the Court was necessary for the Mayor to be able to initiate a search for a Judicial
Officer for appointment, who is subject to Council confirmation. This set of amendments increases the
number of Auburn Municipal Court judges to two, which follows the recommendation from the
National Center for State Courts. This Ordinance also sets the salaries of both the Municipal Court
Judges and the Pro Tem Judges as required by RCW 3.50.080 & .090. The remaining housekeeping
amendments adjust grammar & punctuation and other minor edits.
Councilmember: Lisa Stirgus Staff: Candis Martinson
Page 65 of 451
--------------------------------
Ordinance No. 7019
April 8, 2026
Page 1 of 2 Rev. 2026
ORDINANCE NO. 7019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING CHAPTER 2.14 OF
THE AUBURN CITY CODE TO PROVIDE NECESSARY
UPDATES AND HOUSEKEEPING AMENDMENTS IN
PREPARATION FOR THE OPENING OF THE AUBURN
MUNICIPAL COURT
WHEREAS, on October 6, 2025, the Auburn City Council passed Ordinance No.
7002 establishing The Municipal Court of the City of Auburn; and
WHEREAS, updates to authorize a second municipal court judge, to set the
salaries of the municipal court and pro tem judges, and to adopt housekeeping
amendments are needed prior to the January 1, 2027 opening of the Auburn Municipal
Court.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapter 2.14 of the Auburn City Code
is amended to read as shown 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.
Page 66 of 451
--------------------------------
Ordinance No. 7019
April 8, 2026
Page 2 of 2 Rev. 2026
Section 4. Corrections. The City Clerk and the codifiers of this Ordinance are
authorized to make necessary corrections to this Ordinance including, but not limited to,
the correction of scrivener’s/clerical errors, references, Ordinance numbering,
section/subsection numbers, and any references thereto.
Section 5. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Published: _____________________________________________________________
Page 67 of 451
Auburn City Code
Chapter 2.14 MUNICIPAL COURT
Page 1/5
EXHIBIT A
Chapter 2.14
MUNICIPAL COURT
Sections:
2.14.010 Court established pursuant to RCW 3.50 et seq.
2.14.020 Location of court.
2.14.030 Jurisdiction.
2.14.040 Municipal judges
2.14.050 Independent judiciary.
2.14.060 Judge pro tem.
2.14.070 Vacancy—Removal—Disqualification.
2.14.080 Disposition of Revenue.
2.14.090 Municipal Court employees.
2.14.100 Municipal Court seal.
2.14.110 Suspension or deferral of sentences.
2.14.120 Penalty if no other punishment prescribed.
2.14.130 Criminal prosecution in city’s name for violation of ordinances.
2.14.140 Pleadings, practice and procedure.
2.14.010 Court established pursuant to RCW 3.50 et seq.
The Municipal Court of the City of Auburn (“Municipal Court”) is hereby created and shall have jurisdiction and
exercise all powers vested in the Municipal Court by Chapter 3.50 RCW, together with other powers and jurisdiction
generally conferred on such courts in Washington, either by common law or statute. The Municipal Court shall
commence operation on January 1, 2027.
2.14.020 Location of court.
The Municipal Court, its courtrooms, chambers, and administrative and clerical offices are located in the Auburn
Justice Center, located at 18 Auburn Way S, Auburn, Washington, or in such other location as may be designated by
the mayor.
2.14.030 Jurisdiction.
A. Pursuant to RCW 3.50.020, the Municipal Court shall have exclusive original jurisdiction over traffic,
parking, and other civil infractions arising under city ordinances and exclusive original criminal jurisdiction of all
violations of city ordinances duly adopted by the city and shall have original jurisdiction of all other actions brought
to enforce or recover license penalties or forfeitures declared or given by such ordinances or by state statutes. The
Municipal Court shall also have the jurisdiction as conferred by statute.
B. The Mmunicipal Court is empowered to forfeit cash bail or bail bonds and issue execution thereon, and in
general to hear and determine all causes, civil or criminal, including traffic infractions, arising under city ordinances
and to pronounce judgment in accordance therewith. So long as it participates in the program established by the
administrative office of the courts pursuant to RCW 2.56.160, the Municipal Ccourt shall have jurisdiction to take,
recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any court of
limited jurisdiction participating in the program.
2.14.040 Municipal judges.
A. Appointment. Within thirty days after the effective date of this chapter, or any ordinance of the city council
that provides for additional judges, the mayor shall appoint a municipal judge subject to confirmation by the city
council. Auburn Municipal Court shall have two full-time judicial positions.
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B. Term. The appointment of judges under this chapter shall expire on December 31, 2029. Thereafter, all
Auburn Municipal Court judges will be subject to election pursuant to RCW 3.50.055 and serve a four-year term
consistent with RCW 3.50.040 and RCW 3.50.050.
C. Qualifications. A person appointed as a full-time judge shall be a citizen of the United States of America and
of the State of Washington. The appointed judge shall also be an attorney admitted to practice law before the courts
of record of the state of Washington. A judge of the Auburn Municipal Court a municipal court must be a resident of
King County or Pierce County.
D. Oath.
1. Pursuant to RCW 3.50.097, every judge of a municipal court, before entering upon the duties of the office,
shall take and subscribe the following oath or affirmation:
“I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the
State of Washington, and that I will faithfully discharge the duties of the judge of the Municipal Court of the City of
Auburn according to the best of my ability.”
2. The oath shall be filed in the office of the county auditor and with the city clerk.
E. Additional Judges.
1. Additional full- or part-time municipal judge positions may be filled when the public interest and
administration of justice makes such additional judge or judges necessary and so long as that procedure is in
compliance with state statutes, including but not limited to RCW 3.50.055.
2. Additional full- or part-time judges may be created only by ordinance of the city council.
F. Salary ies of Municipal Court Jjudges shall be fixed by ordinance. The salary of a Municipal Court judge
shall be equal to the salary of full-time judges of the district court as now codified in RCW 43.01.012 or as hereafter
amended or recodified.
2.14.050 Independent judiciary.
The decisions, rulings, and judgments of the Mmunicipal Ccourt judges shall not be subject to oversight, revision, or
influence by any other city office or personnel, including, but not limited to, the mayor or city council.
2.14.060 Judges pro tem.
A. Pursuant to RCW 3.50.090, the presiding Mmunicipal Ccourt judge may designate one or more persons as judges
pro tem to serve in the absence or disability of the elected or duly appointed judges of the court, subsequent to the
filing of an affidavit of prejudice, or in addition to the elected or duly appointed judges when the administration of
justice and the accomplishment of the work of the court make it necessary.
B. The qualifications of a judge pro tempore shall be the same as for judges as provided under RCW 3.50.040,
except that a judge pro tempore need not be a resident of the city or county in which the Municipal Court is located.
C. Judges pro tempore shall have all of the powers of the duly appointed or elected judges when serving as judges
pro tempore of the court.
D. Before entering his or her duties, each judge pro tempore shall take, subscribe, and file an oath as is taken by a
duly appointed or elected judge.
E. Judges pro tempore shall receive, per hour, 75% of the hourly salary of thean Auburn Municipal Court judge.,
and the city shall pay, compensation as fixed by ordinance.
2.14.070 Vacancy—Removal—Disqualification.
A. Vacancy.
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1. Pursuant to RCW 3.50.093, any vacancy in the Municipal Court, due to death, disability, or resignation of
a judge, shall be filled by the mayor for the remainder of the unexpired term.
2. The appointment shall be subject to the confirmation of the city council.
3. The appointed judge shall be qualified to hold the position of judge of the Municipal Court as provided in
this chapter.
B. Removal. Pursuant to RCW 3.50.095, a Mmunicipal Ccourt judge shall be removed only upon conviction of
misconduct or malfeasance in office or because of physical or mental disability rendering the judge incapable of
performing the duties of the office; provided, that a Mmunicipal Ccourt judge is also subject to disciplinary actions
by the commission of judicial conduct and the Washington State Supreme Court, as described in Chapter 2.64 RCW.
C. Disqualification. Pursuant to RCW 3.50.045, a Mmunicipal Ccourt judicial officer shall not preside in any of
the following cases:
1. In an action to which the judicial officer is a party, or in which the judicial officer is directly interested, or
in which the judicial officer has been an attorney for a party.
2. When the judicial officer or one of the parties believes that the parties cannot have an impartial trial or
hearing before the judicial officer, the judicial officer shall disqualify himself or herself under the provisions of
this section if, before any discretionary ruling has been made, a party files an affidavit that the party cannot
have a fair and impartial trial or hearing by reason of the interest or prejudice of the judicial officer. The
following are not considered discretionary rulings:
(a) The arrangement of the calendar;
(b) The setting of an action, motion, or proceeding for hearing or trial;
(c) The arraignment of the accused; or
(d) The fixing of bail and initially setting conditions of release.
3. Only one change of judicial officer is allowed by each party in an action or proceeding.
4. When a judicial officer is disqualified under this section, the case shall be heard before another judicial
officer of the city.
5. For the purposes of this section, “judicial officer” means a judge, judge pro tempore, or court
commissioner.
2.14.080 Disposition of revenue.
A. Costs.
1. Pursuant to RCW 3.50.100, costs in civil and criminal actions may be imposed as provided in district
court.
2. All fees, costs, fines, forfeitures, and other money imposed by the Municipal Court for the violation
of any municipal ordinances shall be collected by the court clerk and, together with any other noninterest revenues
received by the clerk, shall be deposited with the city treasurer as a part of the general fund, deposited in such other
fund of the city, or deposited in such other funds as may be designated by the laws of the Sstate of Washington.
B. Except as provided in RCW 9A.88.120 and 10.99.080, the city treasurer shall remit monthly thirty-two
percent of the noninterest money received under this section, other than for parking infractions, and certain costs to
the state treasurer.
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1. “Certain costs” as used in this subsection, means those costs awarded to prevailing parties in civil
actions under RCW 4.84.010 or 36.18.040, those costs awarded against convicted defendants in criminal actions
under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as
costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, or city in
the prosecution of the case, including the fees of defense counsel.
2. Money remitted under this subsection to the state treasurer shall be deposited in the state general
fund.
3. The balance of the noninterest money received under this section shall be retained by the city and
deposited as provided by law.
C. Penalties, fines, bail forfeitures, fees, and costs imposed against a defendant in a criminal proceeding shall not
accrue interest.
2.14.090 Municipal Court employees.
Pursuant to RCW 3.50.080, but subject to General Rule (GR) 29, all employees of the Municipal Court shall, for all
purposes, be deemed employees of the City of Auburn. They shall be appointed by and serve at the pleasure of the
presiding municipal judge.
2.14.100 Municipal Court seal.
Pursuant to RCW 3.50.115, the Municipal Court shall have a seal which shall be the vignette of George Washington,
with the words “Seal of the Municipal Court of the City of Auburn, State of Washington,” surrounding the vignette.
All process from the court runs throughout the state. The Supreme Court may determine by rule what process must
be issued under seal.
2.14.110 Suspension or deferral of sentences.
Unless otherwise provided by state law, the court shall have the following sentencing authority:
A. Except as provided in subsection B of this section, pursuant to RCW 3.50.320, after a conviction, the court
may impose sentence by suspending all or a portion of the defendant’s sentence or by deferring the sentence of the
defendant and may place the defendant on post disposition supervision for a period of no longer than two years and
prescribe the conditions thereof.
1. A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear
for any hearing to address the defendant’s compliance with the terms of post disposition supervision when
ordered to do so by the court, shall have the term of post disposition supervision tolled until such time as the
defendant makes his or her presence known to the court on the record.
2. During the time of the deferral, the court may, for good cause shown, permit a defendant to withdraw the
plea of guilty, permit the defendant to enter a plea of not guilty, and dismiss the charges. The court shall not
defer sentence for an offense sentenced under RCW 46.61.5055.
B. Pursuant to RCW 3.50.330, for a period not to exceed five years after imposition of sentence for a defendant
sentenced for a domestic violence offense or under RCW 46.61.5055 and two years after imposition of sentence for
all other offenses, the court shall have continuing jurisdiction and authority to suspend or defer the execution of all
or any part of the sentence upon stated terms, including installment payment of fines.
1. A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear
for any hearing to address the defendant’s compliance with the terms of post disposition supervision when
ordered to do so by the court, shall have the term of post disposition supervision tolled until such time as the
defendant makes his or her presence known to the court on the record.
2. The jurisdiction period in this section does not apply to the enforcement of orders issued under RCW
46.20.720.
3. Any time before entering an order terminating post disposition supervision, the court may modify or
revoke its order suspending or deferring the imposition or execution of the sentence.
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C. Pursuant to RCW 3.50.340, deferral of sentence and suspension of execution of sentence may be revoked if
the defendant violates or fails to carry out any of the conditions of the deferral or suspension.
1. Upon the revocation of the deferral or suspension, the court shall impose the sentence previously
suspended or any unexecuted portion thereof. In no case shall the court impose a sentence greater than the
original sentence, with credit given for time served and money paid on fine and costs.
2. Any time before entering an order terminating post disposition supervision, the court may revoke or
modify its order suspending the imposition or execution of the sentence.
3. If the ends of justice will be served and when warranted by the reformation of the supervisee, the court
may terminate the period of post disposition supervision and discharge the person so held. (Ord. 1582 § 1,
2022).
2.14.120 Penalty if no other punishment prescribed.
Pursuant to RCW 3.50.440, every person convicted by the Municipal Court of a violation of the criminal provisions
of an ordinance for which no punishment is specifically prescribed in the ordinance is guilty of a gross misdemeanor
and shall be punished by a fine of not more than five thousand dollars or imprisonment in city jail for a period not to
exceed one year, or both such fine and imprisonment.
2.14.130 Criminal prosecution in city’s name for violation of ordinances.
Pursuant to RCW 3.50.430, all criminal prosecutions for the violation of a city ordinance shall be conducted in the
name of the City of Auburn and may be upon the complaint of any person.
2.14.140 Pleadings, practice and procedure.
Pursuant to RCW 3.50.450, pleadings, practice, and procedure in cases not governed by statutes or rules specifically
applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or
hereafter adopted governing pleadings, practice, and procedure applicable to district courts.
Page 72 of 451
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 6999 (Krum) (20 Minutes)
An Ordinance relating to Critical Areas Ordinance Update, amending
Sections 16.10.010, 16.10.020, 16.10.030, 16.10.040, 16.10.050,
16.10.070, 16.10.080, 16.10.090, 16.10.100, 16.10.110, 16.10.130,
16.10.140, and 16.10.150 of the Auburn City Code
April 13, 2026
Department: Attachments: Budget Impact:
Community Development CAO Code Update Study
Session Presentation, Planning
Commission Staff Report CAO,
Technical Memo Prepared by
Facet NW, Existing Stream
Buffers Map, SPTH Buffers Map,
Proposed Stream Buffers Map,
Proposed Increased Stream
Buffers Map, Ordinance No.
6999, Ordinance No. 6999 -
Exhibit A
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
The proposed amendments to Chapter 16.10 “Critical Areas Ordinance” of the Auburn City Code are
part of the City’s required periodic update under the Growth Management Act (GMA). Auburn
adopted its Comprehensive Plan periodic update in 2024, and is required to update its development
regulations, including critical areas regulations, to ensure consistency with Best Available Science
(BAS) and current state agency guidance. The proposed amendments incorporate guidance from the
Washington State Department of Ecology, Department of Commerce, and Washington Department of
Fish and Wildlife (WDFW), and are largely based on Ecology’s Model Critical Areas Ordinance.
The proposed text amendments were submitted to the Washington State Department of Commerce
for agency review on August 14, 2025. The Planning Commission first reviewed the proposed
updates on September 16, 2025, including a section-by-section overview of the Code revisions. Prior
Page 73 of 451
to that meeting, the City received agency comments, including comments from WDFW related to
stream regulations and consistency with BAS. In response to these comments, the City retained
Facet Northwest (NW) to conduct additional analysis of stream and riparian regulations, including
review of scientific literature, evaluation of regulatory approaches, and GIS-based analysis of
Auburn’s stream network.
The results of this additional analysis, along with recommended updates to stream buffer standards
and related provisions, were presented to the Planning Commission at a regular meeting on March 3,
2026. The Planning Commission held a Public Hearing on the proposed text amendments on April 7,
2026, and provided a recommendation to City Council. The proposed text amendments are now
presented to City Council for review and consideration.
Councilmember: Tracy Taylor Staff: Jason Krum
Page 74 of 451
AUBURN
VALUES
S E R V I C E
ENVIRONMENT
E C O N O M Y
C H A R A C T E R
SUSTAINABILITY
W E L L N E S S
C E L E B R AT I O NCITY COUNCILCRITICAL AREA ORDINANCE UPDATE –TEXT AMENDMENTPRESENTED BYALYSSA TATRO, SENIOR PLANNER APRIL 13, 2026Department of Community DevelopmentPlanning Building Development Engineering Permit CenterEconomic Development Code EnforcementPage 75 of 451
BACKGROUND AND PURPOSE SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONPage 76 of 451
KEY OBJECTIVESSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
OVERVIEWSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONPage 78 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSTREAM REGULATIONS BACKGROUNDWDFW’S SPTHMAPPING TOOL:Page 84 of 451
SITE POTENTIAL TREE HEIGHT (SPTH)Page 85 of 451
STREAM REGULATIONS Scientific Literature ReviewEvaluation of WDFW GuidanceGIS AnalysisReview of Regulatory Options
SITE POTENTIAL TREE HEIGHT (SPTH)Page 87 of 451
TECHNICAL ANALYSIS FINDINGSSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Minimum Buffer Width (in feet)Stream TypeEXISTING BUFFERSPer SMPType S100
Type F50
Type Np50
Type Ns
Page 89 of 451
PROPOSED STREAM BUFFERSProposed CodeExisting CodeStream TypeIncreased Buffer2Standard Buffer1Maximum buffer1Minimum bufferPer SMPPer SMPPer SMPPer SMPType S200 ft150 ft150 ft100 ftType F133 ft100 ft100 ft50 ftType Np133 ft100 ft75 ft50 ftType NsPage 90 of 451
To be considered fully functioning, a stream buffer (riparian management zone) must contain: i. An average of eighty percent (80%) native vegetation cover, with no more than ten percent (10%) noxious weed cover; and ii. A native plant community that includes tree, shrub, and groundcover proportions that mimic native forest for the region. VEGETATIVE STANDARDPage 91 of 451
COMPARISON TO OTHER JURISDICTIONSMaple Valley (adopted)Covington (adopted)Burien (adopted)Kent (DRAFT; proposed to be adopted)Type F: 100’Type NP: 100’Type NS: 100’Type F: 125’ – 166’ Type NP: 100’ – 133’Type NS: 100’ – 133’Type F: 150’ - 199’ (was 100’) Type Np: 100’ – 133’ (was 50’) Type Ns: 100’ – 133’ (was 50’)Type F: 112-150’ (was 100’)Type NP: 100’ (was 40’)Type NS: 100’ (was 40’)SeaTac (adopted)Renton (adopted)Auburn (DRAFT; will be updated)Type F: 200’ (was 100’)Type NP: 100’ (was 50’)Type NS: 100’ (was 25’)Type F: 115’ – 200’Type NP: 75’ – 100’Type NS: 50’ – 67’Type F: 100’Type NP: 50’Type NS: 50’Page 92 of 451
SUMMARY OF CHANGES CONT. BEST AVAILABLE SCIENCESTRENGTHEN PROTECTION OF CRITICAL AREASMAINTAIN FLEXIBILITY THROUGH A PERFORMANCE-BASED STRUCTUREPage 93 of 451
AUBURN
VALUES
S E R V I C E
ENVIRONMENT
E C O N O M Y
C H A R A C T E R
SUSTAINABILITY
W E L L N E S S
C E L E B R AT I O NDepartment of Community DevelopmentPlanning Building Development Engineering Permit CenterEconomic Development Code EnforcementThank you for your time.Questions?Page 94 of 451
PLANNING COMMISSION STAFF REPORT
AGENDA SUBJECT/TITLE:
Critical Areas Ordinance (CAO) Update – Chapter 16.10 ACC Text Amendment
CITY FILE NO(s).:
ZOA25-0002
APPLICANT/AGENT/OWNERS:
City of Auburn
REQUEST:
Planning Commission to hold a public hearing, deliberate, and take action on proposed amendments to
Chapter 16.10 Auburn City Code (ACC) - Critical Areas.
LOCATION:
City-wide
NOTIFICATION:
A Notice of Public Hearing (NOH) was issued on March 23, 2026.
HEARING DATE:
April 7, 2026
SEPA STATUS:
A Determination of Non-Significance (DNS) was issued on September 5, 2025 (SEP25-0017) for this non-
project action.
STAFF:
Alyssa Tatro, Senior Planner, Dept. of Community Development
STAFF RECOMMENDATION:
Planning Commission to deliberate and take action to recommend to City Council approval of the
proposed amendments to Chapter 16.10 ACC.
SUMMARY OF CODE CHANGES:
At a high level, the proposed Critical Areas Ordinance (CAO) update:
• Ensures consistency with the Growth Management Act (GMA) and Best Available Science (BAS);
• Incorporates updated guidance from the Department of Ecology, Department of Commerce, and
Washington Department of Fish and Wildlife (WDFW);
• Improves clarity, organization, and internal consistency of Chapter 16.10 ACC; and
• Strengthens mitigation, monitoring, and long-term protection of critical areas. Page 95 of 451
Staff Member: Tatro Date: 3-25-26
Page 2 of 6
The proposed amendments update multiple sections of Chapter 16.10 ACC. Most revisions are based on
Ecology’s Model Critical Areas Ordinance and are intended to ensure compliance with BAS while
improving clarity and consistency
1. Deflnitions, Applicability, and Administrative Provisions
The proposed update includes overall changes to improve clarity and consistency in how the CAO is
applied:
• Updates and additions to deflnitions, including terms related to habitat, climate resilience,
engineered slopes, and updated watercourse terminology;
• Revisions to regulated activities, replacing a broad threshold with a more deflned list of activities
that result in alteration of critical areas or buffers;
• Clariflcations to exemptions and nonconforming provisions, including standards for expansions to
existing single-family residences within critical area buffers; and
• Updates to procedural provisions and director authority, including clariflcation of when critical
area review is required based on mapped critical areas or site indicators.
These changes are primarily administrative and improve clarity, predictability, and consistency in
application of the code.
2. Classiflcation, Buffers Areas, and Critical Area Protections
The proposed amendments strengthen how critical areas are identifled and protected and clarify how
buffer standards are applied:
• Updates to classiflcation and rating provisions to explicitly require the use of BAS and applicable
state guidance, including Ecology wetland rating systems and WDFW habitat information;
• Revisions to buffer and setback provisions, including:
▪ Addition of a functionally disconnected buffer provision where buffers may exclude areas
separated by roads or development that no longer provide ecological function;
▪ Clariflcation of buffer reduction mechanisms, including buffer averaging, minimization
measures, and variances; and
▪ Clariflcation that buffer reduction mechanisms are applied independently and not in
combination;
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Staff Member: Tatro Date: 3-25-26
Page 3 of 6
• Updates to minimization measures, including reformatting and expansion to align with Ecology’s
Model Ordinance; and
• Updates to riparian and habitat-related language to improve consistency with WDFW guidance.
3. Geologic Hazard Areas
The proposed update includes revisions to geologic hazard area standards, particularly for landslide
hazards:
• Establishment of a buffer for critical landslide hazard areas, based on slope height or a minimum
distance;
• Revised standards allowing alteration of landslide hazard areas when supported by a geotechnical
report demonstrating that the alteration will not increase risk or instability; and
• Additional provisions addressing vegetation removal, replacement planting, and geotechnical
review requirements.
These updates allow for site-speciflc fiexibility while maintaining safety and stability.
4. Mitigation, Monitoring, and Long-Term Protection
The proposed amendments signiflcantly expand and clarify mitigation requirements to align with Ecology
guidance and BAS:
• Emphasis on mitigation sequencing, requiring avoidance, minimization, rectiflcation, reduction
over time, and compensation in a deflned order as required by BAS;
• Requirement for watershed-based mitigation, including preference for mitigation within the same
drainage basin;
• Updates to wetland mitigation ratios and addition of explicit compensation requirements for buffer
impacts to align with Ecology’s model ordinance;
• Expanded mitigation plan requirements, including performance standards and monitoring
expectations consistent with Ecology’s model ordinance.
These changes improve the effectiveness and consistency of mitigation and support long-term protection
of critical areas, the changes also come directly from Ecology’s model ordinance and guidance
documents.
5. Stream and Riparian Regulation Updates
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Staff Member: Tatro Date: 3-25-26
Page 4 of 6
The proposed update includes revisions to stream regulations informed by agency comments and
additional technical analysis conducted following Planning Commission review.
At a high level, the proposed updates:
• Retain Auburn’s existing stream typing framework;
• Increase standard stream buffer widths;
• Establish increased buffer widths under speciflc conditions;
• Incorporate vegetative buffer performance standards; and
• Update terminology and provisions to refiect riparian management concepts and incorporate
minimization measures.
These updates modify Auburn’s existing regulatory framework to incorporate BAS and agency guidance
while maintaining fiexibility and consistency with existing code provisions.
FINDINGS OF FACT:
Background Summary:
1. The Growth Management Act (GMA) requires jurisdictions to designate and protect critical areas
using Best Available Science (BAS) when developing policies and development regulations.
2. Auburn completed its Periodic Comprehensive Plan Update in 2024 and is required to update
development regulations, including Chapter 16.10 ACC, as a follow-on action under the GMA
periodic review process.
3. The purpose of the CAO update is to ensure consistency with BAS, align with current state agency
guidance, and improve clarity, consistency, and long-term protection of critical areas.
4. Since the last major update to Chapter 16.10 ACC, state agencies including Ecology and WDFW
have issued updated guidance related to mitigation, habitat protection, and riparian science.
5. The proposed amendments are largely based on Ecology’s Model Critical Areas Ordinance and are
intended to ensure compliance with BAS while improving clarity and consistency.
6. The proposed text amendment was transmitted to the Washington State Department of
Commerce in 2025 for agency review pursuant to RCW 36.70A.106. No comments were received.
7. The City received comments from state agencies, including WDFW, Department of Ecology, and
Department of Natural Resources which informed revisions to the proposed code.
8. Planning Commission reviewed the proposed CAO update on September 16, 2025, including a
section-by-section overview of proposed amendments.
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Staff Member: Tatro Date: 3-25-26
Page 5 of 6
9. At that time, no changes to stream buffer widths were proposed; however, agency comments from
WDFW identifled stream regulations as an area requiring additional evaluation.
10. WDFW comments raised concerns regarding stream buffer methodology and consistency with
BAS.
11. Following the September 2025 meeting, the City retained Facet Northwest to conduct an Auburn -
speciflc analysis of stream and riparian regulations.
12. This analysis included review of scientiflc literature, evaluation of the Site Potential Tree Height
(SPTH) methodology, GIS analysis, and comparison of regulatory scenarios.
13. The analysis found that scientiflc literature supports wider vegetated buffers, with approximately
100 feet commonly identifled as a minimum for water quality protection, and that vegetative
condition is critical to buffer function.
14. Based on this work, staff developed a modifled approach that increases buffer widths,
incorporates performance-based standards, retains the stream typing framework, and does not
adopt the full SPTH method.
15. These updates were presented to Planning Commission on March 3, 2026.
16. The proposed updates refiect BAS and are consistent with regional trends, where many
jurisdictions have increased stream buffers and incorporated vegetation-based standards.
18. The GIS analysis demonstrated that many stream corridors overlap with wetlands, geologic hazard
areas, and Urban Separator Overlay areas. These areas are already constrained or planned for
lower intensity development, and the proposed buffer increases are therefore less likely to
signiflcantly impact development capacity in those speciflc locations.
19. The proposed changes represent a balanced approach that responds to BAS and agency guidance
while refiecting Auburn’s urban context.
Procedural Steps:
1. The proposed CAO update has been reviewed by Planning Commission at meetings on September
16, 2025, and March 3, 2026.
2. Pursuant to RCW 36.70A, the text amendment was transmitted to the Washington State
Department of Commerce on August 14, 2025.
3. A SEPA Determination of Non-Signiflcance (DNS) was issued on September 5, 2025. The
comment period ended on September 19, 2025.
4. A Notice of Public Hearing (NOH) was issued on March 23, 2026. Pursuant to Chapter 14 ACC, the
following noticing was conducted:
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Staff Member: Tatro Date: 3-25-26
Page 6 of 6
a. The NOH was published in the Seattle Times.
b. The NOH was posted in public locations, including City Hall, City Hall Annex, and the City’s
Public Land Use Notice webpage.
EXHIBITS:
1. PowerPoint Presentation
2. Chapter 16.10 ACC Text Amendment
3. Technical Memo prepared by Facet NW
4. WDFW Comments
5. Existing Stream Buffers Map
6. SPTH Buffers Map
7. Proposed Stream Buffers Map
8. Proposed Increased Stream Buffers Map
9. MBAKS Comment Letter 3-3-26
10. Response Letter to 3-3-26 MBAKS Comment Letter
Page 100 of 451
SEATTLE | KIRKLAND | BURLINGTON | WHI D BEY ISLAND | FEDERAL WAY | SPOKANE
facetnw.com
TECHNICAL MEMO RANDUM
Date: February 20, 2026
To: Steven Sturza – City of Auburn
Cc: Alyssa Tatro, Alexandria Teague – City of Auburn
From: Nell Lund, Sr. Ecologist
Project Name: Auburn CAO Update - Streams
Facet Number: 2510.0746.00
CAO Update – Stream Regulations Review
Introduction
The City of Auburn is going through the periodic update process for their Critical Areas Ordinance
(CAO). To align with requirements under the Growth Management Act, the City of Auburn must
include best available science (BAS) when developing policies and development regulations. Based on
comments received from the Washington Department of Fish and Wildlife (WDFW), the City is
conducting a targeted review of proposed draft stream regulations.
The purpose of this memorandum is to provide a high-level summary of stream and riparian BAS,
document the City’s GIS analysis of conditions in Auburn, summarize City proposed stream regulations,
and document how BAS was considered and incorporated in the CAO update.
Best Available Science Review Summary
Streams are a type of Fish and Wildlife Habitat Conservation Area (FWHCA) as defined by the Revised
Code of Washington (RCW 36.70A.030). WDFW provides BAS summary in their publication, Riparian
Ecosystems, Volume 1: Science Synthesis and Management Implications (Quinn et al. 2020). Based on
Volume 1, WDFW provides guidance in Riparian Ecosystems, Volume 2: Management Recommendations
(Rentz et al. 2020). Other cited publications are provided in the reference list.
STREAM & RIPARIAN FUNCTIONS & VALUES
Composition, structure and functions of streams are tied to watershed and riparian conditions. Riparian
ecosystem functions include stream morphology (e.g. streamflow and sedimentation processes),
woody debris recruitment, microclimate and in-stream temperature, pollutant removal, and nutrient
cycling. Streams and their associated riparian areas also provide important habitat for diverse terrestrial
and aquatic wildlife species (Quinn et al. 2020).
Commonly recognized functions and processes that influence the habitat conditions within aquatic
areas are briefly summarized below.
EXHIBIT 3
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Water Quality: Metrics for water quality include temperature, sediment, and pollutants. Wildlife,
including fish and amphibians, require cool clean water to meet their life history needs.
Riparian vegetation influences stream temperatures and microclimate conditions such as air
temperature, wind, light, and moisture. Factors affecting water temperature and microclimate
include shade, orientation, relative humidity, ambient air temperature, wind, channel
dimensions, groundwater, the hyporheic exchange zone where surface and groundwater
interact (Quinn et al. 2020).
Salmonids and amphibians are relatively sensitive to high temperatures, and have narrow
thermal tolerance (Quinn et al. 2020, Bury 2008).
A 100-foot-wide buffer is estimated to achieve 95 percent pollution removal and approximately
85 percent removal of surface nitrogen (Rentz et al. 2020).
Hydrologic Functions: Streams and riparian areas have complex and extensive connections to other
surface waters and groundwater resources in a watershed (Quinn et al. 2020).
Fish and wildlife are adapted to, and in some instances reliant upon, the natural variability in
seasonal and flood flows within a system.
Riparian vegetation reduces the quantity of surface water runoff through rainwater capture
and evapotranspiration (Wynn and Mostaghimi 2006).
Floodplains, wetlands, riparian vegetation and sinuous stream channels attenuate flood flows,
which protects downstream areas from flooding.
Physical Habitat Characteristics: Riparian microclimate affects many ecological processes and
functions, including plant growth, decomposition, nutrient cycling, succession, productivity, migration
and dispersal of flying insects, soil microbe activity, and fish and amphibian habitat (Quinn et al. 2020;
Brosofske, et al. 1997).
Large woody debris (LWD) plays a significant role in the geomorphic formation of stream
channels and in the creation of diverse channel habitat morphologies (Quinn et al. 2020).
Streams migrate naturally which often results in complex natural geomorphology, floodplains,
and heterogeneous ecosystems (Quinn et al 2020).
URBAN AREA IMPACTS
Water Quality Impacts:
Urban areas tend to contribute a disproportionate amount of sediment and contaminants to
receiving waters (Soranno et al. 1996). Some contaminants have significant effects on aquatic
organisms. For example, coho salmon pre-spawn mortality is caused by a breakdown product
of tire wear, 6PPD-quinone (Tian et al. 2021).
Increased erosion and bank instability coupled with a reduction of forest cover simplify stream
morphology, leading to incised, wider, and straighter stream channels (Konrad and Booth
2005).
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Removal of riparian vegetation impacts water quality by increasing stream temperatures (
Murray et al. 2000, Moore et al. 2005, Gomi et al. 2006).
Hydrologic Function Impacts: Impervious surface area within a watershed impacts hydrologic
functions.
Impervious surface is positively correlated with high flow volumes, daily streamflow variability
and negatively correlated with groundwater recharge rates and summer low flow volumes
(Burges, Wigmosta, and Meena 1998; Cuo et al. 2009; Jones 2000; Konrad and Booth 2005).
Urban development impacts stream flow by changing key metrics, including peak discharge,
lag time, flood frequency and total runoff (Quinn et al. 2020).
Less dynamic stream morphology is linked to accelerated water transport and reduced
temporary instream flood storage capacity (Kaufmann and Faustini 2012).
Habitat Fragmentation & Degradation: Habitat loss, degradation, and fragmentation have profound
impacts on wildlife and their ecosystems (Gaston 2010; Wiegand, Revilla, and Moloney 2005; Young et
al. 2016).
Habitat loss and fragmentation reduce biodiversity (MacArthur and Wilson 1967).
Cumulative impacts of direct and indirect habitat alterations tend to reduce the habitat
functions and values of wetlands and riparian areas (Azous and Horner 2010; Sheldon et al.
2005).
KEY PROTECTION STRATEGIES
Identification, classification, buffering and restrictions on adjacent land use are a common approach to
critical area protections.
Identification: The ordinary high-water mark (OHWM) is typically used to determine the edge of
surface waters for jurisdictional purposes. The OHWM should be determined in the field by a qualified
biologist using appropriate resources.
• Those resources include National Ordinary High Water Mark Field Delineation Manual for
Rivers and Streams (David et al. 2025), Determining the Ordinary High Water Mark for Shoreline
Management Act Compliance in Washington State (Anderson et al. 2016), and A Guide to
Ordinary High Water Mark (OHWM) Delineation for Non-perennial Streams in the Western
Mountains, Valleys, and Coast Region of the United States (Mersel and Lichvar 2014).
Classification: DNR classifies streams and other water bodies using a “water typing system” based on
various characteristics, fish use, and functions of a natural water feature (WAC 222-16-030). This system
was developed by Department of Natural Resources as part of forest management practices. Many
local jurisdictions have previously incorporated use of this water typing system in their CAOs for
applying buffer widths to streams.
The latest riparian management zone guidance from WDFW does not use the water typing system but
instead treats all streams equally and differentiates protection based on soil type and associated
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dominant tree species (Rentz et al. 2020). More information on this approach is summarized under the
Riparian Management Zones header below.
Buffers: Historically, most local jurisdictions in Washington state have managed stream and riparian
habitats using fixed- or standard-width stream buffers. Using this approach, buffer widths have
typically been determined based upon stream type characteristics and site-specific factors following
WAC 222-16-030. The latest WDFW guidance recommends a conceptual shift from the fixed-width
buffer approach regarding the way that streams and riparian areas are protected, as described in the
next section.
Riparian Management Zones: WDFW’s current recommendations for establishing RMZ widths are
based primarily on a site potential tree height (SPTH) framework, where the width of the RMZ would be
equivalent to one 200-year SPTH. The SPTH framework is based on a 1993 model developed by the
Forest Ecosystem Management Assessment Team (FEMAT) to understand how riparian functions
change with distance from a stream channel. This model, or relationship, is known as the FEMAT curves
and it demonstrates that most riparian ecosystem functions occur within one 200-year SPTH (Figure 1).
Figure 1. FEMAT curves figure, reproduced from Quinn et al. 2020 and Rentz et al. 2020.
Based on this model, WDFW recommends using tree height to estimate RMZ widths using their
Riparian Ecosystems and Online SPTH Mapping Tool (WDFW Riparian Ecosystems Maps and
Assistance) or Guidelines for Determining Site Potential Tree Height from Field Measurements (WDFW
January 2025). The intent is to base protections on site potential to perform full riparian ecosystem
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functions. To manage and protect riparian ecosystems, WDFW recommends measuring the RMZ from
the ordinary high-water mark or channel migration zone, whichever is greater (Quinn et al. 2020; Rentz
et al. 2020).
Other Stream Management Recommendations
The following WDFW riparian management recommendations for urban areas should also be
considered for implementation (Rentz et al. 2020):
maintaining and improving functions through regulatory and voluntary means,
identifying and prioritizing restoration,
maintaining and improving riparian connections, and
applying stormwater management.
Auburn Streams / RMZ Review
ASSESSMENT APPROACH
City of Auburn planning staff and their GIS specialist compared SPTH values to current buffer widths
and potential riparian buffer increases. Since the Green River and White River are regulated under the
Shoreline Master Program (SMP), those waterbodies were excluded from the assessment. Streams
within the City that are not mapped by DNR or are designated ‘unknown’ are presumed non-fish
bearing for this assessment. Mapped wetlands and geologic hazard areas were included to show where
critical area protections overlap.
SPTH VALUES
SPTH values in the City of Auburn range from 94 feet to 227 feet with a mean of 166 feet and a median
of 196 feet (See enclosed ‘SPTH Buffers Map’ exhibit). The distribution of SPTH values is shown in the
pie chart below.
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The SPTH for Mill Creek along State Route 167 is 105 feet for most of the reach, which is mostly
surrounded by wetlands. Green River tributaries on the east side of the City commonly have a SPTH
value of 196 feet and have some overlap with landslide hazard areas. White River tributaries at the
south end of the City are highly variable and range from 105 feet to 204 feet. Som e overlap with
wetlands that are mapped in the White River tributaries.
SPTH values are recommended by WDFW to achieve full riparian function for each stream segment
based on site potential. Currently, stream buffers in Auburn are below the currently recommended
SPTH values for full riparian functions. Non-fish bearing stream (Type Np and Ns) buffers, for example,
are below the 100-foot minimum recommended to support water quality functions.
City P roposed S tream R egulations
The City did not propose substantive changes to stream protections in the October 2025 draft update
of the Auburn Municipal Code (AMC), Chapter 16.10 Critical Areas. However, based on this BAS review
and WDFW SPTH recommendations, the City is now proposing the following:
• Update riparian stream buffer widths as documented in Table 1 below.
• Measure riparian stream buffers from the ordinary high water mark. [Note: The Green River is
regulated by the SMP. This update would only apply to streams regulated under the CAO.]
• Add minimization measures for streams to the code, similar to the wetlands section. These
include directing lights away from the stream, routing untreated runoff away from the stream,
following stormwater best management practices (BMPs), and keeping pets and people out of
the buffer.
• Provide dense native vegetated buffer standards in the code.
• Require stream buffers to meet criteria for vegetation conditions and implement applicable
minimization measures or be subject to a width increase.
• Incorporate the term ‘riparian’ into the stream code section to acknowledge the critical
ecosystem functions riparian buffers provide.
The City plans to retain their existing classification system, consistent with the water typing system
provided in WAC 222-16-030 as Type S, Type F, Type Np or Type Ns (AMC 16.10.080.E). This
classification system is based on presence or absence of fish habitat, flow conditions, and location
relative to shoreline jurisdiction. Note: The current code update does not review shoreline regulations
under the City’s Shoreline Master Program (SMP).
Auburn measures stream buffers from the ordinary high-water mark (OHWM) and assigns stream
buffer widths based on the stream type under AMC 16.10.090.C.2 and 16.10.090.E.2, respectively.
Stream buffers under the current City code and proposed update are summarized in Table 1 below and
in the enclosed exhibits. Under current City code, minimum buffer widths may be increased up to the
maximum buffer value by the Director based on site-specific conditions, such as where endangered,
threatened, or sensitive (ESA-listed) species have a primary association with critical area habitat. The
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City code (AMC 16.10.090.E.2.b) provides a list of enhancement options an applicant can propose to
justify a buffer width less than the maximum. These enhancement options include removal of fish
barriers, adding in-stream log structures and habitat features, stream daylighting, and culvert
improvements for fish passage. Under proposed code changes, minimization measures and vegetated
buffer condition standards would be added to these buffer provisions.
Table 1. Stream Types and buffer widths under current and 10-2025 draft AMC 16.10.080 and 090.
Stream Type
10-2025 Draft Code 02-2026 Proposed Code
Minimum buffer Maximum buffer1 Standard Buffer1 Increased Buffer2
Type S Per SMP Per SMP Per SMP Per SMP
Type F 100 ft 150 ft 150 ft 200 ft
Type Np 50 ft 100 ft 100 ft 133 ft
Type Ns 50 ft 75 ft 100 ft 133 ft
1 Director decision based on site-specific conditions, such as presence of critical habitat for ESA species.
2 In addition to ESA review, an increase applies if the applicant does not implement applicable minimization
measures and does not meet vegetated buffer standards.
Auburn allows stream buffer averaging for Type F and Type Np waters that meet code criteria under
AMC 16.10.090.E.2.d. Buffer averaging requires implementation of one or more stream enhancement
measure, maintains the same total buffer area as the standard buffer, limits reduction at any given
point to 25 percent, and results in equal or greater functions and values. Auburn proposes to retain this
flexibility in their code update. The City adopted Ecology’s 2024 Stormwater Management Manual for
Western Washington and those best practices will be applied to maintain water quality standards.
Newly added provision AMC 16.10.090.E.2.e addresses functionally disconnected buffer areas, to
exclude disconnected or functionally isolated stream buffer areas. A critical areas report is required to
confirm such functional disconnectedness. The functionally disconnected buffer provision will be
retained under the proposed update.
Discussion
As Auburn considers BAS for streams and riparian areas, we recognize stream regulations will be
reviewed from an implementation feasibility perspective and are balanced with other Growth
Management Act requirements. For example, the City considered zoning, existing land uses, and
environmental permit administration when evaluating regulatory options.
The GIS analysis was conducted to support the City’s review of stream / riparian protections relative to
Comprehensive Planning goals and existing land uses (see enclosed exhibits). The proposed 150-foot
Type F stream buffer is 77 percent of the median SPTH value of 196. As the FEMAT curve shows, the
relationship between buffer width and cumulative effectiveness is not linear. The proposed buffer
increase is near the point where width increases start to yield diminished returns in cumulative
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effectiveness. The minimum 100-foot buffer is proposed for Type Np and Ns streams to maintain water
quality.
Additionally, City of Auburn’s 2024 Comprehensive Plan identifies urban separators. Urban separators
are areas designated for low-density uses and are intended to protect resource lands, rural areas, and
environmentally sensitive areas. Urban separators also create open space and wildlife corridors within
and between communities.
The City of Auburn is incorporating BAS in their proposed CAO Stream update through the following
measures.
• Riparian stream buffer widths are increasing to better align with SPTH values. The 150-foot
riparian buffer for Type F streams is representative of average SPTH values in Auburn and aligns
with highly effective riparian function per the FEMAT curve (see Figure 1 above). A 100-foot
buffer will be applied to non-fish bearing streams to protect water quality consistent with BAS.
• Measure riparian stream buffers from the ordinary high water mark. [Note: Mapped channel
migration zones (CMZ) in Auburn are along the Green River; those areas are regulated by the
SMP.]
• The City plans to add minimization measures to the stream buffer code, by cross referencing or
repeating those listed for wetlands under AMC 16.10.090.E.1.
• Auburn plans to add vegetation condition standards to stream buffer / riparian regulations
under AMC 16.10.090.E.2.
• The City plans to apply a riparian buffer width increase if an applicant’s project does not
implement applicable minimization measures, and/or does not meet vegetation condition
standards for buffers (Table 1 above).
• Where appropriate, use the term ‘riparian’ to document the importance of both in-stream and
riparian areas as an ecosystem.
The following additional BAS-based recommendations for updates to the Auburn CAO are in review.
• Review AMC 16.10 for the use of the terms stream, stream type, stream buffer, riparian, and
riparian management zone. After updates to stream classification (AMC 16.10.080) and stream
buffers (16.10.090) are complete, review use of the above terms throughout the code for
consistency and clarity.
• Cross-reference City stormwater management code requirements where applicable to
strengthen critical area protections. Auburn has adopted Ecology’s 2024 Stormwater
Management Manual for Western Washington.
The proposed updates to Auburn stream regulations are the product of a thorough review of BAS and
City-specific considerations for administration and implementation.
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References
Auburn, City of. 2024. Comprehensive Plan.
Azous, P., and R. Horner. 2010. Wetlands and Urbanization: Implications for the Future. CRC Press.
Brosofske, K., J. Chen, R. Naiman, and J. Franklin. 1997. “Harvesting Effects on Microclimate Gradients
from Small Streams to Uplands in Western Washington.” Ecological Applications 7 (4): 1188–1200.
Burges, S., M. Wigmosta, and J. Meena. 1998. “Hydrological Effects of Land-Use Change in a Zero-Order
Catchment.” Journal of Hydrologic Engineering.
Bury, R. 2008. “Low Thermal Tolerances of Stream Amphibians in the Pacific Northwest: Implications for
Riparian and Forest Management.” Applied Herpetology 5 (1): 63–74.
Cuo, L., D. Lettenmaier, M. Alberti, and J. Richey. 2009. .“.Effects of a Century of Land Cover and Climate
Change on the Hydrology of the Puget Sound Basin.” Hydrological Processes 23:907–9.
Gaston K.J. 2010. Urban Ecology. 1st ed. Cambridge University Press.
https://doi.org/10.1017/CBO9780511778483.
Gomi, T., Moore, R. D., & Dhakal, A.S. (2006). Headwater stream temperature response to clear-cut
harvesting with different riparian treatments, coastal British Columbia, Canada. Water Resources
Research, 42(8), W08437. https://doi.org/10.1029/2005WR004162
Jones, J. A. 2000. “Hydrologic Processes and Peak Discharge Response to Forest Removal, Regrowth,
and Roads in 10 Small Experimental Basins, Western Cascades, Oregon.” Water Resources Research 36
(9): 2621–42. https://doi.org/10.1029/2000wr900105.
Kaufmann, P., and J. Faustini. 2012. “Simple Measures of Channel Habitat Complexity Predict Transient
Hydraulic Storage in Streams.” Hydrobiologia 685:69–95.
Konrad, C.P., and D. Booth. 2005. “Hydrologic Changes in Urban Streams and Their Ecological
Significance.” American Fisheries Society Symposium 47:157–77.
MacArthur, R.H., and E.O. Wilson. 1967. The theory of island biogeography. Princeton University Press.
Mersel, Matthew, and Robert Lichvar. 2014. “A Guide to Ordinary High Water Mark (OHWM)
Delineation for Non-Perennial Streams in the Western Mountains, Valleys, and Coast Region of the
United States.” 14–13. ERDC/CRREL TR. Pacific Coast (U.S.): U.S. Army Engineer Research and
Development Center, Cold Regions Research and Engineering Laboratory.
Moore, R.D., and S. Wondzell. 2005. “Physical Hydrology and the Effects of Forest Harvesting in the
Pacific Northwest.” A Review 41:763–84.
Murray, G.L.D., Edmonds, R.L. & Marra, J.L., (2000). Influence of partial harvesting on stream
temperatures, chemistry, and turbidity in forests on the western Olympic Peninsula, Washington.
Northwest Science, 74(2), 151-164. https://hdl.handle.net/2376/1065
Quinn, T., G.F. Wilhere, and K.L. Krueger. 2020. “Riparian Ecosystems, Volume 1: Science Synthesis and
Management Implications.” Olympia: Washington Department of Fish and Wildlife.
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Rentz, T, Amy Windrope, Terra Rentz, Keith Folkerts, and Jeff Azerrad. 2020. “Riparian Ecosystems,
Volume 2: Management Recommendations.” Olympia, Washington: Washington Department of Fish
and Wildlife. https://wdfw.wa.gov/sites/default/files/publications/01988/wdfw01988.pdf.
Sheldon, D., P. Hruby, P. Johnson, K. Harper, A. McMillan, T. Granger, and E. Stockdale. 2005. “Wetlands
in Washington State, Volume 1: A Synthesis of the Science.” Washington Department of Ecology.
Publication # 05-06-006.
Soranno, P. A., S. L. Hubler, S. R. Carpenter, and R. C. Lathrop. 1996. “Phosphorus Loads to Surface
Waters: A Simple Model to Account for Spatial Pattern of Land Use.” Ecological Applications 6 (3): 865–
78. https://doi.org/10.2307/2269490.
Tian, Z., H. Zhao, K.T. Peter, M. Gonzalez, J. Wetzel, C. Wu, and E.P. Kolodziej. 2021. “A Ubiquitous Tire
Rubber–Derived Chemical Induces Acute Mortality in Coho Salmon.” Science 371 (6525): 185–89.
WDFW (Washington Department of Fish and Wildlife. 2025. Guidelines for Determining Site Potential
Tree Height from Field Measurements. Olympia, WA.
Wiegand, T., E. Revilla, and K.A. Moloney. 2005. “Effects of Habitat Loss and Fragmentation on
Population Dynamics.” Conservation Biology 19 (1): 108–21.
Wynn, T.M. and Mostaghimi, S. 2006. Effects of riparian vegetation of stream bank subaerial processes
in southwestern Virginia, USA. Earth Surface Processes and Landforms, Volume 31, Issue 4: 399-413.
https://doi.org/10.1002/esp.1252.
Young, H.S., D.J. McCauley, M. Galetti, and R. Dirzo. 2016. “Patterns, Causes, and Consequences of
Anthropocene Defaunation.” Annual Review of Ecology, Evolution, and Systematics 47 (1): 333–58.
https://doi.org/10.1146/annurev-ecolsys-112414-054142.
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Information shown is for general reference purposes
only and does not necessarily represent exact
geographic or cartographic data as mapped. The
City of Auburn makes no warranty as to its accuracy.
Printed On: 2/17/2026
Map ID: 6366Streams
Landslide Hazard
Fish Bearing Streams WDFW 100 Feet Buffer
Non Fish Bearing Streams Ecology 50 Feet Buffer
Wetlands
Estuarine and Marine Deepwater
Estuarine and Marine Wetland
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Lake
Other
Riverine
¬
EXHIBIT 5
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C ST SET ST SEMONTEVISTADRSE57THPLS144TH AVE SEH ST SEPIKE ST NEG ST SEFOSTER AVE SEE ST SE140TH AVE SEMSTNE4TH ST SE52ND AVE S56TH ST SEB ST SES 305TH ST
SE290TH ST
54TH AVE SJ ST SE47TH ST SE 130TH AVE SE3 5 T H W A Y S E
E MAIN ST
26TH ST SE
S E 3 1 8 T H W A Y
36 T H S T S E
OLIVE AVE
SE
SE 287THST
24TH ST SE
SE 298TH PL
FOREST R I D G E D R S E2 3 RD S T S E
22ND ST SE
S 292ND ST
O ST SESE 282ND ST
17TH ST S
E111THP LSE5 1 S T ST S E
1 0 8 THAVESES
E
295TH ST
20TH ST SE
54TH ST SE
SE 286TH ST
29T
H
S
T
S
E104
T
HPLSESKYWAY L
N
S
E49TH AVE S3 7 T H W A Y SE16TH ST SE
148TH AVE SESE 294TH ST
T ST NW73RD ST SE
57TH ST SE
1 4 2 N D A V E S E
SE312
THWAYELMSTSESE 285TH ST
62ND ST SE PEARL AVE SE6 7THL
N
S
E
15TH ST SE T ST NE118TH AVE SE6 5 THAVESS 303RD PL
14TH ST SE
63RD ST SE
SE 290TH PL
S
E289TH S T
19TH ST SE
SE 297TH ST
MAPLE DR SE
21ST ST SE
33RD ST SE
WARD AVE SE42ND ST NE
55TH
WAYSE
S 302
N
D
S
T
S 288TH ST
OLYMPIC ST SE43RD ST NE
59THAVES133RD AVE SEJASMINE AVE SER ST NESE 314TH PL 121ST PL SESE 293RD ST
C PL SES 321ST ST
S 329TH PL
34TH ST SE
65TH ST SEJ PL NE114TH PL SE108TH AVE SE57TH ST SEGSTSESE 293RD ST
15TH ST SE
K ST SE16TH ST SE
SE
2
9
8
T
H
P
L
57TH PL S118TH AVE SE33RD ST SEH ST SEK E N T
K E N T
K I N G
C O U N T Y
K I N G
C O U N T Y
PA C I F I C
PA C I F I C
P I E R C E
C O U N T Y
P I E R C E
C O U N T YS U M N E R
S U M N E R
E D G E W O O D
E D G E W O O D
A L G O N A
A L G O N A
S P T H B u f f e r s
Information shown is for general reference purposes
only and does not necessarily represent exact
geographic or cartographic data as mapped. The
City of Auburn makes no warranty as to its accuracy.
Printed On: 2/17/2026
Map ID: 6368
¬
Streams
Landslide Hazard
Streams SPTH 94 Feet Buffer
Streams SPTH 100 Feet Buffer
Streams SPTH 105 Feet Buffer
Streams SPTH 111 Feet Buffer
Streams SPTH 187 Feet Buffer
Streams SPTH 196 Feet Buffer
Streams SPTH 202 Feet Buffer
Streams SPTH 204 Feet Buffer
Streams SPTH 215 Feet Buffer
Streams SPTH 225 Feet Buffer
Streams SPTH 227 Feet Buffer
Wetlands
Estuarine and Marine Deepwater
Estuarine and Marine Wetland
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Lake
Other
Riverine
EXHIBIT 6
Page 112 of 451
S 277TH ST
WESTVALLEYHWYS24TH ST E
SE 274TH ST
PACIFIC AVE SJOVITABLVD
E 132ND AVE SEELLINGSON RD SW
SE 272ND ST
8TH ST E
140TH AVE E136TH AVE EWESTVALLEYHWYS 272ND ST
108TH AVE SEMI
L
I
T
ARY
RDS WEST VALLEY HWY NWSTEWART RD SW
VALENTINE AVE SEWESTVALLEYHWYES
E
K
E
N
T
-KA
N
G
LEYRD68TH AVE S124TH AVE SE116TH AVE SESTEWART RD SE A ST SEWESTVALLEYHWYSSE 272ND ST
S 277T H S T
124TH AVE SE12TH ST EMILITARY RD SAUBURN-BLACKDIAMONDRDSE182ND AVE E9THST E
S 288TH ST
210TH
AVE
E
16TH ST E
S
2
72NDW
AY
214TH AVE EAUBURN WAY NMILITARYRDSA ST SEI ST NEB ST NWC ST SWAUBURN WAY NR ST SE124TH AVE SEWEST VALLEY HWY NS 277TH ST
M ST SEC ST NW15TH ST SW
E MAIN ST 132ND AVE SE51ST AVE S29TH ST SE
L A K E T A P P S P K W Y S E
SE 312TH ST
K
E
R
S
E
Y
W
AY
SE
8TH ST NE
L
A
K
ELANDHILLSWAYSEORAVETZRDSESE 320TH ST
15TH STNW
104THAVESEA ST NWAUBURNWAYSRONCROCKETTDRNWWESTVALLEYHWYSS 316TH ST
D ST NEEAST VALLEY HWY E37T H ST NE
30TH ST NE
BOUNDARY BLVD SW SE304THWA Y
W MAIN ST
37TH ST NW
S E 3 0 4 TH ST
6TH ST SE
A ST SESE 304TH ST
W MAIN ST
25TH ST SE
D ST SE56TH AVE S110TH AVE SES T U C K R IV E R D R S E51ST AVE SN ST NEO ST NEW ST NWS 287TH ST
SCENIC
D
RS
E55TH AVE S58TH AVE SK ST SES 328TH ST
C ST SET ST SEMONTEVISTADRSE57THPLS144TH AVE SEH ST SEPIKE ST NEG ST SEFOSTER AVE SEE ST SE140TH AVE SEMSTNE4TH ST SE52ND AVE S56TH ST SEB ST SES 305TH ST
SE290TH ST
54TH AVE SJ ST SE47TH ST SE 130TH AVE SE3 5 T H W A Y S E
E MAIN ST
26TH ST SE
SE 288TH ST
S E 3 1 8 T H W A Y
36 T H S T S E
OLIVE AVE
SE
SE 287THST
24TH ST SE
SE
2
9
8
T
H
P
L
FOREST R I D G E D R S E2 3 RD S T S E
22ND ST SE
S 292ND ST
O ST SESE 282ND ST
17TH ST S
E111THP LSE5 1 S T ST S E
1 0 8 THAVESES
E
295TH ST
20TH ST SE
54TH ST SE
SE 286TH ST
29T
H
S
T
S
E104
T
HPLSESKYWAY L
N
S
E49TH AVE S3 7 T H W A Y SE16TH ST SE
148TH AVE SESE 294TH ST
T ST NW73RD ST SE
57TH ST SE
1 4 2 N D A V E S E
SE312
THWAYELMSTSESE 285TH ST
62ND ST SE PEARL AVE SE6 7THL
N
S
E
15TH ST SET ST NE118TH AVE SE6 5 THAVESS 303RD PL
63RD ST SE
SE 290TH PL
S
E289TH S T
19TH ST SE
SE 297TH ST
MAPLE DR SE
21ST ST SE
33RD ST SE
WARD AVE SE42ND ST NE SE 286TH PL
55TH
WAYSE
S 302
N
D
S
T
S 288TH ST
OLYMPIC ST SE43RD ST NE
59THAVES133RD AVE SEJASMINE AVE SER ST NESE 293RD ST
C PL SES 321ST ST
S 329TH PL
34TH ST SE
65TH ST SEJ PL NE114TH PL SE57TH ST SEGSTSEH ST SE118TH AVE SEB ST SESE 293RD ST
57TH PL S108TH AVE SE33RD ST SE
K E N T
K E N T
K I N G
C O U N T Y
K I N G
C O U N T Y
PA C I F I C
PA C I F I C
P I E R C E
C O U N T Y
P I E R C E
C O U N T YS U M N E R
S U M N E R
E D G E W O O D
E D G E W O O D
A L G O N A
A L G O N A
P r o p o s e d S t r e a m B u f f e r s
Information shown is for general reference purposes
only and does not necessarily represent exact
geographic or cartographic data as mapped. The
City of Auburn makes no warranty as to its accuracy.
Printed On: 2/17/2026
Map ID: 6367
¬
Streams
Landslide Hazard
Non Fish Bearing Streams 100 Feet Buffer
Fish Bearing Streams 150 Feet Buffer
Wetlands
Estuarine and Marine Deepwater
Estuarine and Marine Wetland
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Lake
Other
Riverine
EXHIBIT 7
Page 113 of 451
S 277TH ST
WESTVALLEYHWYS24TH ST E
SE 274TH ST
PACIFIC AVE SJOVITABLVD
E 132ND AVE SEELLINGSON RD SW
SE 272ND ST
8TH ST E
140TH AVE E136TH AVE EWESTVALLEYHWYS 272ND ST
108TH AVE SEMI
L
I
T
ARY
RDS WEST VALLEY HWY NWSTEWART RD SW
VALENTINE AVE SEWESTVALLEYHWYES
E
K
E
N
T
-KA
N
G
LEYRD68TH AVE S124TH AVE SE116TH AVE SESTEWART RD SE A ST SEWESTVALLEYHWYSSE 272ND ST
S 277T H S T
124TH AVE SE12TH ST EMILITARY RD SAUBURN-BLACKDIAMONDRDSE182ND AVE E9THST E
S 288TH ST
210TH
AVE
E
16TH ST E
S
2
72NDW
AY
214TH AVE EAUBURN WAY NMILITARYRDSA ST SEI ST NEB ST NWC ST SWAUBURN WAY NR ST SE124TH AVE SEWEST VALLEY HWY NS 277TH ST
M ST SEC ST NW15TH ST SW
E MAIN ST 132ND AVE SE51ST AVE S29TH ST SE
L A K E T A P P S P K W Y S E
SE 312TH ST
K
E
R
S
E
Y
W
AY
SE
8TH ST NE
L
A
K
ELANDHILLSWAYSEORAVETZRDSESE 320TH ST
15TH STNW
104THAVESEA ST NWAUBURNWAYSRONCROCKETTDRNWWESTVALLEYHWYSS 316TH ST
D ST NEEAST VALLEY HWY E37T H ST NE
30TH ST NE
BOUNDARY BLVD SW SE304THWA Y
W MAIN ST
37TH ST NW
S E 3 0 4 TH ST
6TH ST SE
A ST SESE 304TH ST
W MAIN ST
25TH ST SE
D ST SE56TH AVE S110TH AVE SES T U C K R IV E R D R S E51ST AVE SN ST NEO ST NEW ST NWS 287TH ST
SCENIC
D
RS
E55TH AVE S58TH AVE SK ST SES 328TH ST
C ST SET ST SEMONTEVISTADRSE57THPLS144TH AVE SEH ST SEPIKE ST NEG ST SEFOSTER AVE SEE ST SE140TH AVE SEMSTNE4TH ST SE52ND AVE S56TH ST SEB ST SES 305TH ST
SE290TH ST
54TH AVE SJ ST SE47TH ST SE 130TH AVE SE3 5 T H W A Y S E
E MAIN ST
26TH ST SE
SE 288TH ST
S E 3 1 8 T H W A Y
36 T H S T S E
OLIVE AVE
SE
SE 287THST
24TH ST SE
SE
2
9
8
T
H
P
L
FOREST R I D G E D R S E2 3 RD S T S E
22ND ST SE
S 292ND ST
O ST SESE 282ND ST
17TH ST S
E111THP LSE5 1 S T ST S E
1 0 8 THAVESES
E
295TH ST
20TH ST SE
54TH ST SE
SE 286TH ST
29T
H
S
T
S
E104
T
HPLSESKYWAY L
N
S
E49TH AVE S3 7 T H W A Y SE16TH ST SE
148TH AVE SESE 294TH ST
T ST NW73RD ST SE
57TH ST SE
1 4 2 N D A V E S E
SE312
THWAYELMSTSESE 285TH ST
62ND ST SE PEARL AVE SE6 7THL
N
S
E
15TH ST SET ST NE118TH AVE SE6 5 THAVESS 303RD PL
63RD ST SE
SE 290TH PL
S
E289TH S T
19TH ST SE
SE 297TH ST
MAPLE DR SE
21ST ST SE
33RD ST SE
WARD AVE SE42ND ST NE SE 286TH PL
55TH
WAYSE
S 302
N
D
S
T
S 288TH ST
OLYMPIC ST SE43RD ST NE
59THAVES133RD AVE SEJASMINE AVE SER ST NESE 293RD ST
C PL SES 321ST ST
S 329TH PL
34TH ST SE
65TH ST SEJ PL NE114TH PL SE57TH ST SEGSTSEH ST SE118TH AVE SEK ST SEB ST SESE 293RD ST
57TH PL S108TH AVE SE33RD ST SE
K E N T
K E N T
K I N G
C O U N T Y
K I N G
C O U N T Y
PA C I F I C
PA C I F I C
P I E R C E
C O U N T Y
P I E R C E
C O U N T Y
S U M N E R
S U M N E R
E D G E W O O D
E D G E W O O D
A L G O N A
A L G O N A
P r o p o s e d I n c r e a s e d S t r e a m B u f f e r s
Information shown is for general reference purposes
only and does not necessarily represent exact
geographic or cartographic data as mapped. The
City of Auburn makes no warranty as to its accuracy.
Printed On: 2/18/2026
Map ID: 6369
¬
Streams
Landslide Hazard
Fish Bearing Streams 200 Feet Buffer
Non Fish Bearing Streams 133 Feet Buffer
Wetlands
Estuarine and Marine Deepwater
Estuarine and Marine Wetland
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Lake
Other
Riverine
EXHIBIT 8
Page 114 of 451
--------------------------------
Ordinance No. 6999
March 31, 2026
Page 1 of 5 Rev. 2026
ORDINANCE NO. 6999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO CRITICAL
AREAS ORDINANCE UPDATE, AMENDING SECTIONS
16.10.010, 16.10.020, 16.10.030, 16.10.040, 16.10.050,
16.10.070, 16.10.080, 16.10.090, 16.10.100, 16.10.110,
16.10.130, 16.10.140, AND 16.10.150 OF THE AUBURN
CITY CODE
WHEREAS, the Growth Management Act (Chapter 36.70A RCW) requires cities
to periodically review and, if needed, revise development regulations to ensure
consistency with state requirements; and
WHEREAS, the Growth Management Act further requires that development
regulations protecting critical areas be based on Best Available Science and protect the
functions and values of critical areas; and
WHEREAS, the City of Auburn adopted its Comprehensive Plan periodic update
in 2024, which resulted in updates to development regulations, including Chapter 16.10
Auburn City Code (Critical Areas Ordinance); and
WHEREAS, the proposed amendments to Chapter 16.10 ACC are intended to
incorporate Best Available Science, improve clarity and consistency in application, and
strengthen protection of critical area functions and values; and
WHEREAS, the proposed amendments are based in part on Ecology’s Model
Critical Areas Ordinance, with the majority of changes sourced from the Model Ordinance,
and current guidance from the Washington State Department of Ecology, Department of
Commerce, and Washington Department of Fish and Wildlife; and
Page 115 of 451
--------------------------------
Ordinance No. 6999
March 31, 2026
Page 2 of 5 Rev. 2026
WHEREAS, the proposed amendments include updates to definitions,
applicability, buffers and setbacks, geologic hazard regulations, mitigation standards, and
monitoring requirements to improve implementation of critical area protections; and
WHEREAS, the proposed amendments were transmitted to the Washington State
Department of Commerce for review on August 14, 2025, in accordance with RCW
36.70A.106, and the required 60-day review period has been completed; and
WHEREAS, environmental review for the proposed amendments was conducted
in accordance with the State Environmental Policy Act (SEPA), and a Determination of
Non-Significance (DNS) was issued, with no appeals filed; and
WHEREAS, during the review process, the City received comments from state
agencies, including the Department of Ecology, Washington Department of Fish and
Wildlife, and Department of Natural Resources; and
WHEREAS, the majority of agency comments related to consistency edits to
ensure alignment with state guidance, including references to applicable manuals,
terminology, and regulatory framework, and those comments have been incorporated into
the proposed amendments; and
WHEREAS, the Planning Commission reviewed the proposed amendments at a
public meeting on September 16, 2025; and
WHEREAS, comments from the Washington Department of Fish and Wildlife
raised specific concerns regarding stream regulations and consistency with Best
Available Science, warranting additional analysis; and
WHEREAS, in response to those comments, the City retained Facet Northwest,
an Environmental Consultant, to conduct additional Auburn-specific analysis of stream
Page 116 of 451
--------------------------------
Ordinance No. 6999
March 31, 2026
Page 3 of 5 Rev. 2026
and riparian regulations, including review of scientific literature, evaluation of regulatory
approaches, and analysis of local conditions; and
WHEREAS, that analysis concluded that updates to stream regulations are
necessary to reflect Best Available Science and that a modified approach retaining the
existing stream typing framework, while increasing buffer widths and incorporating
performance-based vegetation standards, is appropriate for Auburn’s urban context; and
WHEREAS, the proposed stream regulations increase buffer widths and
incorporate a performance-based approach that recognizes both buffer width and
vegetative condition as factors influencing ecological function; and
WHEREAS, the proposed approach maintains existing flexibility tools, including
administrative discretion and buffer modification provisions; and
WHEREAS, the Planning Commission reviewed the updated stream regulations on
March 3, 2026; and
WHEREAS, the Planning Commission held a public hearing on April 7, 2026, and
provided a recommendation to the City Council on the amendments to Chapter 16.10
Auburn City Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapter 16.10 (Critical Areas
Ordinance) Section 16.10.010, 16.10.020, 16.10.030, 16.10.040, 16.10.050, 16.10.070,
16.10.080, 16.10.090, 16.10.100, 16.10.110, 16.10.130, 16.10.140, and 16.10.150 of the
Auburn City Code is amended to read as shown in Exhibit A.
Page 117 of 451
--------------------------------
Ordinance No. 6999
March 31, 2026
Page 4 of 5 Rev. 2026
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.
Section 4. Corrections. The City Clerk and the codifiers of this Ordinance are
authorized to make necessary corrections to this Ordinance including, but not limited to,
the correction of scrivener’s/clerical errors, references, Ordinance numbering,
section/subsection numbers, and any references thereto.
Page 118 of 451
--------------------------------
Ordinance No. 6999
March 31, 2026
Page 5 of 5 Rev. 2026
Section 5. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Published: _____________________________________________________________
Page 119 of 451
Chapter 16.10 ACC, Critical Areas Page 1 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
Chapter 16.10
CRITICAL AREAS
Sections:
16.10.010 Purpose and intent.
16.10.020 Definitions.
16.10.030 Applicability – Regulated activities.
16.10.040 Exemptions and nonconforming uses.
16.10.050 Critical areas maps.
16.10.060 Relationship to other regulations.
16.10.070 Critical area review process and application requirements.
16.10.080 Classification and rating of critical areas.
16.10.090 Buffer areas and setbacks.
16.10.100 Alteration or development of critical areas – Standards and criteria –
Prohibited uses.
16.10.110 Mitigation standards, location, and timing, wetland replacement
ratios, and long-term protection requirements.
16.10.120 Performance standards for mitigation planning.
16.10.130 Monitoring program and contingency plan.
16.10.140 Procedural provisions.
16.10.150 Reasonable use provision.
16.10.160 Variances.
16.10.170 Special exception for public agencies and utilities.
16.10.180 Severability.
16.10.010 Purpose and intent.
A. The city of Auburn contains numerous areas that can be identifled and characterized as
critical or environmentally sensitive. Such areas within the city include wetlands, streams, flsh
and wildlife habitat conservation areas, geologic hazard areass, aquifer recharge areas, and
fiood hazards areas.
EXHIBIT 2
Page 120 of 451
Chapter 16.10 ACC, Critical Areas Page 2 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
B. The city flnds that these critical areas perform a variety of valuable and beneflcial biological
and physical functions that beneflt the city and its residents. Alteration of certain critical areas
may also pose a threat to public safety or to public and private property or the environment.
The city therefore flnds that identiflcation, regulation and protection of critical areas are
necessary to protect the public health, safety and general welfare. The city further flnds that the
functions of critical areas and the purpose of these regulations include the following:
1. Wetlands. Wetlands perform a variety of functions that include maintaining water
quality; storing and conveying storm water and fiood water; recharging groundwater;
providing important flsh and wildlife habitat; and serve as areas for recreation, education
and scientiflc study, and aesthetic appreciation.
Wetland buffers serve to moderate runoff volume and fiow rates; reduce sediment,
chemical nutrient and toxic pollutants; provide shading to maintain desirable water
temperatures; provide habitat for wildlife; and protect wetland resources from harmful
intrusion.
The primary goals of wetland regulation are to avoid adverse effects to wetlands; to
achieve no net loss of wetland function and value – acreage may also be considered in
achieving the overall goal; to provide levels of protection that refiect the sensitivity of
individual wetlands and the intensity of proposed land uses; and to restore and/or enhance
existing wetlands, where possible.
2. Streams and stream buffers (riparian management zone). Streams and their associated
riparian corridors provide important flsh and wildlife habitat; help to maintain water
quality; store and convey storm water and fiood water; recharge groundwater; recruit large
woody debris to create habitat structure; provide shade to maintain water temperatures
and dissolved oxygen levels; support bank integrity and root reinforcement to reduce
erosion; and serve as areas for recreation, education and scientiflc study and aesthetic
appreciation. Stream buffers serve to moderate runoff volume and fiow rates; reduce
sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable
water temperatures; provide habitat for wildlife; and protect stream resources from
harmful intrusion.
The primary goals of stream regulation are to avoid adverse effects to streams and
associated riparian corridors; to achieve no net loss of functions and values of the larger
ecosystem in which the stream is located; to protect flsh and wildlife resources; to protect
Page 121 of 451
Chapter 16.10 ACC, Critical Areas Page 3 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
water quality through appropriate management techniques; and, where possible, to
provide for stream enhancement and rehabilitation.
3. Fish and Wildlife Habitat Conservation Areas and Wildlife Habitat Corridors. Wildlife habitat
provides opportunities for food, cover, nesting, breeding and movement for flsh and
wildlife; maintains and promotes diversity of species and habitat; coordinates habitat
protection with elements of the open space system; helps to maintain air and water quality;
helps control erosion; serves as areas for recreation, education, scientiflc study, and
aesthetic appreciation; and provides neighborhood separation and visual diversity within
urban areas.
The primary goals of wildlife habitat regulation are to avoid adverse effects to critical
habitats for flsh and wildlife; to achieve no net loss of functions and values of the larger
ecosystem in which the wildlife habitat is located; to implement the goals of the
Endangered Species Act (ESA); to promote connectivity between habitat areas to allow for
wildlife movement; to provide multi-purpose open space corridors; and where possible to
provide for flsh and wildlife habitat enhancement and rehabilitation that refiect the
sensitivity of the species.
4. Aquifer Recharge Areas. Aquifer recharge areas provide a source of potable water and
contribute to stream discharge/fiow. Such areas contribute to the replenishingcharge of
aquifers, and springs and/or wells and are susceptible to contamination of water supplies
through inflltration of pollutants through the soil.
The primary goals of aquifer recharge protection regulations are to protect groundwater
resources and water quality by maintaining the quantity of recharge; avoiding or limiting
land use activities that pose potential risk of aquifer contamination; to minimizinge or
avoiding adverse effects to groundwater through the application of performance
standards, ; and to complying with the requirements of the Federal Safe Drinking Water Act
and Washington Administrative Code that require Group A public water systems to develop
and implement a wellhead protection program.
5. Geologically Hazardous Areas. Geologically hazardous areas means areas that, because
of their susceptibility to erosion, sliding, earthquake, volcanic activity, or other geological
events, are not suited to the siting of commercial, residential, or industrial development
consistent with public health or safety concerns.
Page 122 of 451
Chapter 16.10 ACC, Critical Areas Page 4 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
The primary goals of regulating geologic hazards areas are to avoid and minimize potential
impacts to life and property by regulating and/or limiting land uses where necessary, and
to conduct appropriate levels of analysis and ensure sound engineering and construction
practices to address identifled hazards.
6. Flood Hazard Areas. Refer to Chapter 15.68 ACC Floodplain Development Management.
Floodplains help to store and convey storm water and fiood water; recharge groundwater;
provide important areas for riparian habitat; and serve as areas for recreation, education,
and scientiflc study. Development within fioodplain areas can be hazardous to those
inhabiting such development, and to those living upstream and downstream. Floods also
cause substantial damage to public and private property that results in signiflcant costs to
the public and individuals.
The primary goals of fiood hazard regulations are to limit or condition development within
the regulatory fioodplain to avoid substantial risk of damage to public and private property
and that results in signiflcant costs to the public and individuals; to avoid signiflcant
increases in peak storm water fiows or loss of fiood storage capacity; to protect critical
habitat for flsh and wildlife, and to meet the purposes set forth in Chapter 15.68 ACC.
Requirements for the identiflcation, assessment, alteration, and mitigation of fiood hazard
areas are contained in Chapter 15.68 ACC.
C. This chapter and other sections as incorporated by reference contain standards,
procedures, criteria and requirements intended to identify, analyze, and mitigate potential
impacts to the city’s critical areas, and to enhance and restore degraded resources where
possible. The general intent of these regulations is to avoid impacts to critical areas. In
appropriate circumstances, impacts to specifled critical areas resulting from regulated activities
may be minimized, rectifled, reduced and/or compensated for, consistent with the
requirements of this chapter.
D. It is the further intent of this chapter to:
1. Comply with the requirements of the Growth Management Act (Chapter 36.70A RCW)
and implement rules to identify and protect critical areas and to perform the review of
development regulations required by RCW 36.70A.215;
2. Develop and implement a comprehensive, balanced and fair regulatory program that
avoids impacts to critical resources where possible, that requires that mitigation be
Page 123 of 451
Chapter 16.10 ACC, Critical Areas Page 5 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
performed by those affecting critical areas, and that thereby protects the public from
injury, loss of life, property or flnancial losses due to fiooding, erosion, landslide, seismic
events, soil subsidence, or steep slope failure;
3. Implement the goals and policies of the Auburn comprehensive plan, including those
pertaining to natural features and environmental protection, as well as goals relating to
land use, housing, economic development, transportation, and adequate public facilities;
4. Serve as a basis for exercise of the city’s substantive authority under the State
Environmental Policy Act (SEPA) and the city’s environmental review procedures, where
necessary to supplement these regulations, while also reducing the city’s reliance on
project-level SEPA review;
5. Provide consistent standards, criteria and procedures that will enable the city to
effectively manage and protect critical areas while accommodating the rights of property
owners to use their property in a reasonable manner;
6. Provide greater certainty to property owners regarding uses and activities that are
permitted, prohibited, and/or regulated due to the presence of critical areas;
7. Coordinate environmental review and permitting of proposals involving critical areas
with existing development review and approval processes to avoid duplication and delay
pursuant to the Regulatory Reform Act, Chapter 36.70B RCW;
8. Establish conservation and protection measures for threatened and endangered flsh
species in compliance with the requirements of the Endangered Species Act and the
Growth Management Act requirements to preserve or enhance anadromous flsheries, WAC
365-195-925;
9. Alert members of the public, including appraisers, assessors, owners, potential buyers
or lessees, to the development limitations of critical areas and their required buffers.
E. Best Available Science. The city has considered and included the best available science in
developing these regulations, consistent with RCW 36.70A.172 and WAC 365-195-900, et seq.
This has been achieved through research and identiflcation of relevant technical sources of
information, consultation with experts in the disciplines covered by this chapter, and
consultation and requests for technical information regarding best available science from state
and federal resource agencies.
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The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
Preparation of this chapter has included the use of relevant nonscientiflc information, including
consideration of legal, social, policy, economic, and land use issues. This refiects the city’s
responsibilities under numerous laws and programs, including other provisions of the Growth
Management Act, and the need to weigh and balance various factors as part of decision making
to accomplish municipal objectives. This may result in some risk to the functions and values of
some critical areas; however, it is recognized that the Growth Management Act requires the city
to designate and protect critical areas. The city will also use its authority under the State
Environmental Policy Act (SEPA) to identify, consider and mitigate, where appropriate,
signiflcant adverse effects on critical resources not otherwise addressed by the regulations of
this chapter.
The city intends to review and monitor implementation of its critical areas regulations and to
use an adaptive management approach. It will make adjustments to the regulations, as
appropriate, in response to changing conditions, new information about best available science,
or empirical data indicating the effectiveness of its regulatory program. This will occur in the
context of the city’s ongoing review and revision of its comprehensive plan and development
regulations pursuant to the Growth Management Act.
Additional information, both scientiflc and nonscientiflc, regarding compliance with WAC 365-
195-915(c), including identiflcation of risks to resources and Washington State Department of
Ecology guidance, is contained in the flndings and conclusions and the overall record
supporting adoption of Auburn’s critical areas regulations. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 6295 § 3,
2010; Ord. 5894 § 1, 2005.)
16.10.020 Definitions.
For purposes of this chapter, the following deflnitions shall apply:
“Anadromous flsh” means flsh that spawn and rear in freshwater and mature in the marine
environment, such as salmon, steelhead, sea-run cutthroat, and bull trout.
“Applicant” means the person, party, flrm, corporation, or other entity that proposes or has
performed any activity that affects a critical area.
“Aquifer” means , generally, anyunderground layer of water bearing soil or rock unit formation.
Speciflcally, an underground body of soil or rock formation that contains sufficient saturated
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The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
permeable material to conduct groundwater and capable of and yielding economically
signiflcant quantities of groundwater to wells or springs.
“Aquifer recharge area” means areas with a critical recharging effect on aquifers used for
potable water, including areas where an aquifer that is a source of drinking water is vulnerable
to contamination that would affect the potability of the water, or is susceptible to reduced
recharge. are land areas that have a critical recharging effect on aquifers used for potable
water, including designated areas, such as wellhead protection zones, where an aquifer that is a
source of drinking water is vulnerable to contamination that would affect the potability of the
water, or is susceptible to reduced recharge.
“Artiflcially created wetlands” means wetlands created from nonwetland sites through
purposeful, legally authorized human action, such as irrigation and drainage ditches, grass-
lined swales, canals, retention or detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities.
Best Available Science. As deflned in the Procedural Criteria for Adopting Comprehensive Plans
and Development Regulations for Best Available Science at WAC 365-195-900, et seq.
“Buffer or buffer area, critical area” means a naturally vegetated, undisturbed, enhanced or
revegetated zone surrounding a critical area that protects the critical area from adverse
impacts to its integrity and value, and is an integral part of the resource’s ecosystem.
"Characterized by urban growth" refers to land having urban growth located on it, or to land
located in relationship to an area with urban growth on it as to be appropriate for urban
growth.
“City” means the city of Auburn.
“Clearing” means the removal of timber, brush, grass, ground cover or other vegetative matter
from a site, which exposes the earth’s surface of the site, or any actions which disturb the
existing ground surface. Means the destruction and removal of vegetation by manual,
mechanical, or chemical methods.
“Climate resilience” means the capacity of ecosystems and infrastructure to recover and adapt
to climate-related stressors including extreme weather, fiooding, drought, and wildflre.
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Chapter 16.10 ACC, Critical Areas Page 8 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
“Comprehensive plan” means the city of Auburn comprehensive plan as now adopted or
hereafter amended.
“Critical area report” means a report prepared by a qualifled professionalconsultant to
determine the presence, type, class, size, function and/or value of an area subject to these
regulations. Also see “Stream or wetland reconnaissance report,” “Wetland impact assessment
report” and “Wildlife report.”
“Critical areas” or “environmentally sensitive areas” means areas that possess important natural
functions and embody a variety of important natural and community values. Such areas include
wetlands, streams, flsh and wildlife habitat, geologically hazardous areas, aquifer recharge
areas, and fiood hazard areas, and any other areas designated as critical under state law,
including but not limited to those deflned in RCW 36.70A.030. If not conducted properly,
development or alteration of such areas may cause signiflcant impacts to the valuable functions
and values of these areas and/or may generate risks to the public health and general welfare,
and/or to public and private property.
“Critical erosion hazard areas” means lands or areas underlain by soils identifled by the U.S.
Department of Agriculture Soil Conservation Service (SCS) (now known as the Natural
Resources Conservation Service) as having “severe” or “very severe” erosion hazards. This
includes, but is not limited to, the following group of soils when they occur on slopes of 15
percent or greater: Alderwood-Kitsap (AkF), Alderwood gravelly sandy loam (AgD), Kitsap silt
loam (KpD), Everett (EvD), and Indianola (InD). Additional soil groups may be identifled through
site-speciflc analysis.
“Critical geologic hazard areas” means lands or areas subject to high or severe risks of geologic
hazard, including critical erosion hazard areas, critical landslide hazard areas, critical volcanic
hazard areas, and critical seismic hazard areas.
“Critical habitat” or “critical wildlife habitat” means habitat areas associated with threatened,
endangered, or sensitive species of plants or wildlife (pursuant to WAC 232-12-297(2.4), (2.5)
and (2.6)) and which, if altered, could reduce the likelihood that the species will maintain and
reproduce over the long term.
“Critical landslide hazard areas” means lands or areas where there is a high (Class III) or very
high (Class IV) risk of landslide due to a combination of slope, soil permeability, and water.
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Chapter 16.10 ACC, Critical Areas Page 9 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
“Critical seismic hazard areas” means lands or areas where there is a high risk of seismic events
and damage.
“Delineation manual,” “wetland delineation manual,” or “wetland delineation methodology”
means the methodology used for identiflcation of wetlands and delineation of their boundaries
and shall be done in accordance with the approved federal wetland delineation manual and the
Western Mountains, Valleys, and Coast Regional supplement, as required by WAC 173-22-035.
“Department” means the city of Auburn department of community development or successor
agency, unless the context indicates a different city department.
“Director” means the director of the city of Auburn department of community development or
successor agency.
“Earth/earth material” means naturally occurring rock, soil, stone, sediment, or combination
thereof.
“Ecosystem functions” means the products, physical and biological conditions, and
environmental qualities of an ecosystem that result from interactions among ecosystem
processes and ecosystem structures. Ecosystem functions include, but are not limited to,
sequestered carbon, attenuated peak streamfiow, aquifer water level, reduced pollutant
concentrations in surface and ground waters, cool summer in-stream water temperatures, and
flsh and wildlife habitat functions.
“Ecosystems values” are the cultural, social, economic, and ecological beneflts attributed to
ecosystem functions.
“Engineered slope” means a made slope that is speciflcally designed and constructed with the
intention of maintaining stability and preventing failure.
“Enhancement” means the improvement of an existing viable wetland, stream or habitat area
or the buffers established for such areas, through such measures as increasing plant diversity,
increasing wildlife habitat, installing environmentally compatible erosion controls, increasing
structural diversity or removing plant or animal species that are not indigenous to the area.
Enhancement also includes actions performed to improve the quality of an existing degraded
wetland, stream, or habitat area. See also “Restoration.”
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Chapter 16.10 ACC, Critical Areas Page 10 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
“Erosion” means a process whereby wind, rain, water, and other natural agents mobilize and
transport soil particles.
“Erosion hazard areas” means lands or areas that, based on a combination of slope inclination
and the characteristics of the underlying soils, are susceptible to varying degrees of risk of
erosion. Erosion hazard areas are classifled as “low” (areas sloping less than 15 percent) or
“high” (areas sloping 15 percent or more) on the following Soil Conservation Service (SCS), now
known as the Natural Resources Conservation Service (NRCS), soil types: Alderwood-Kitsap
(AkF), Alderwood gravelly sandy loam (AgD), Kitsap silt loam (KpD), Everett (EvD) and Indianola
(InD). Additional soil groups may be identifled through site-speciflc analysis.
“Excavation” means the removal or displacement of earth material by human or mechanical
means.
“Existing and ongoing agricultural activities” means those activities conducted on lands deflned
in RCW 84.34.020(2), and those activities involved in the production of crops and livestock. Such
activity must have been in existence as of July 1, 1990 (the effective date of the Growth
Management Act). The deflnition includes, but is not limited to, operation and maintenance of
farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural
activities or crops, and normal operation, maintenance or repair of existing serviceable
structures, facilities, or improved areas. Activities, which bring an area into agricultural use from
a previous nonagricultural use, are not considered part of an ongoing activity. An operation
ceases to be ongoing when the area on which it was conducted is proposed for conversion to a
nonagricultural use or has lain idle for a period of longer than flve years, unless the idle land is
registered in a federal or state soils conservation program. Forest practices are not included in
this deflnition.
“Exotic” means any species of plant or animal that is foreign and not indigenous to the lower
Puget Sound area.
“Fill/flll material” means a deposit of earth material placed by human or mechanical means.
“Filling” means the act of transporting and placing (by any manner or mechanism) flll material
from, to, or on any surface water body or wetland, soil surface, sediment surface, or other flll
material. means the act of transporting or placing (by any manner or mechanism) flll material
from, to, or on any soil surface, natural vegetative covering of soil surface, or flll material
(including temporary stockpiling of flll material).
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Chapter 16.10 ACC, Critical Areas Page 11 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
“Fish habitat” or habitat that supports flsh life means habitat that is used by flsh life at any life
stage and at any time of the year including potential habitat likely to be used by flsh life, which
could reasonably be recovered by restoration or management and includes off-channel habitat.
“Geologically hazardous areas” means areas characterized by geologic, hydrologic, and
topographic conditions that render them susceptible to erosion, sliding, earthquake, or other
geological events.
“Geotechnical report” means a report prepared in accordance with the city’s engineering design
standards for geotechnical engineering and evaluation of soils.
“Grading” means any excavating, fllling, clearing, leveling or contouring of the ground surface by
human or mechanical means. means any excavating, fllling, clearing, or re-contouring of the
ground surface or combination thereof.
“Groundwater protection areas” means land areas designated by the city beneath which
groundwater occurs that is a current or potential future source of drinking water for the city.
Please see the deflnition of “aquifer recharge areas” for additional regulated areas.
“Habitat management” means management of land and its associated resources/features to
maintain species in suitable habitats within their natural geographic distribution so that
isolated subpopulations are not created. This does not imply maintaining all habitat or
individuals of all species in all cases.
“Hazardous substances” means any liquid, solid, gas, or sludge, including any material,
substance, product, commodity, or waste, regardless of quantity, that exhibits any of the
physical, chemical, or biological properties described in Chapter 173-303 WAC or Chapter
70.105 RCW.
“Hazard tree” means a tree that is considered a threat to life, property, or public safety. Due to
their high habitat value, except when in the public right-of-way, hazard tree removal shall not
adversely affect ecosystem functions to the extent practicable, encourage the creation of snags
(Priority Habitat features) rather than complete tree removal, involve an avoidance and
minimization of damage to remaining trees and vegetation, and require a qualifled arborist to
evaluate requests for hazard tree removal. When a hazard tree is within the right-of-way the
City Engineer shall determine its removal.
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Chapter 16.10 ACC, Critical Areas Page 12 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
“In-kind wetland mitigation” means replacement of wetlands with wetlands whose
characteristics closely approximate those destroyed or degraded by a regulated activity.
“Injection well” means a well that is used for the subsurface emplacement of fiuids. (From WAC
173-218-030.)
“Intentionally created streams” means streams created through purposeful human action, such
as irrigation and drainage ditches, grass-lined swales, and canals. This deflnition does not
include stream modiflcations performed pursuant to city authorization, such as changes or
redirection of stream channels.
“Lahar” means mudfiows or debris fiows associated with volcanic activity and which pose a
threat to life, property, and structures.
“Landslide” means episodic downslope movement of a mass of soil or rock.
“Landslide hazard areas” means areas that, due to a combination of slope inclination, relative
soil permeability, and hydrologic conditions are susceptible to varying degrees of risk of
landsliding. Landslide hazard areas are classifled as Classes I through IV based on the degree of
risk as follows:
1. Class I/Low Hazard. Areas with slopes of 15 percent or less.
2. Class II/Moderate Hazard. Areas with slopes of between 15 percent and 40 percent and
that are underlain by soils that consist largely of sand, gravel or glacial till.
3. Class III/High Hazard. Areas with slopes between 15 percent and 40 percent that are
underlain by soils consisting largely of silt and clay.
4. Class IV/Very High Hazard. Areas with slopes steeper than 15 percent with identiflable
zones of emergent water (e.g., springs or groundwater seepage), areas of identiflable
landslide deposits regardless of slope and all areas sloping more steeply than 40 percent.
The slopes referenced above include only those where the surface drops 10 feet or more
vertically within a horizontal distance of 25 feet and are not an engineered slope part of a
project or development permitted by the city.
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Chapter 16.10 ACC, Critical Areas Page 13 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
“Mature and old-growth forested wetlands” means wetlands containing mature or old-growth
forested areas, generally requiring a century or more to develop. These systems represent two
priority habitats, as deflned by the Washington State Department of Fish and Wildlife.
“Mitigation” means activities which include:
1. Avoiding the impact altogether by not taking a certain action or parts of actions;
2. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation, by using appropriate technology, or by taking affirmative steps to avoid or
reduce impacts;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
4. Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action;
5. Compensating for the impact by replacing, enhancing, or providing substitute resources
or environments; and/or
6. Monitoring the impact and taking appropriate corrective measures.
While monitoring without additional actions is not considered mitigation for the purposes of
these regulations, it shall be part of a comprehensive mitigation program.
“Mitigation sequencing” means considering or performing mitigation actions, as deflned in the
deflnition of “mitigation,” in a preferred sequence from (1) through (6). Avoidance is preferred
and must be considered prior to pursuing other forms of mitigation.
“Monitoring and Adaptive Management” means the process of monitoring and improving
permits, regulations, and programs to ensure the protection of critical areas.
“Native” means any species of plant or animals which are or were indigenous to the lower Puget
Sound area.
“Natural heritage wetlands” means wetlands that are identifled by scientists of the Washington
Natural Heritage Program/DNR as high quality, relatively undisturbed wetlands, or wetlands
that support state-listed threatened or endangered plants.
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Chapter 16.10 ACC, Critical Areas Page 14 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
“No net loss” refers to the actions taken to achieve and ensure no overall reduction in existing
ecosystem functions and values or the natural systems constituting the protected critical areas.
This may involve fully offsetting any unavoidable impacts to critical area functions and values
pursuant to the Growth Management Act, WAC 365-196-830 ‘Protection of critical areas,’ or as
amended.
“Off-site mitigation” means performance of mitigation actions, pursuant to standards
established in this chapter, on a site or in an area other than that proposed for conduct of a
regulated activity.
“Out-of-kind mitigation” means replacement of wetlands or habitat with substitute wetlands or
habitat whose characteristics do not closely approximate those adversely affected, destroyed,
or degraded by a regulated activity.
“Permanent erosion control” means continuous on-site and off-site control measures that are
needed to control conveyance or deposition of earth, turbidity, or pollutants after development,
construction, or restoration.
“Plant association of infrequent occurrence” means one or more plant species which because of
the rarity of the habitat and/or the species involved, or for other botanical or environmental
reasons, do not often occur in the city of Auburn. Examples include but are not limited to:
1. Wetlands with a coniferous forested class or subclass consisting of trees such as
western red cedar, Sitka spruce, or lodgepole pine growing on organic soils;
2. Bogs with a predominance of sphagnum moss, or those containing sphagnum moss,
and typically including one or more species such as Labrador tea, sundew, bog laurel, or
cranberry.
“Priority habitat and species (PHS)” means a classiflcation by the Washington Department of
Fish and Wildlife of habitats and species that require protective measures due to their
sensitivity, rarity, or ecological importance.
“Qualifled professionalconsultant,” for purposes of these regulations, shall mean a person who
has attained a degree from an accredited college or university in the subject matter necessary
to evaluate the critical area in question (e.g., biology, ecology, or horticulture/arboriculture for
wetlands, streams, wildlife habitat, and geology and/or civil engineering for geologic hazards,
and hydrogeologist for aquifer recharge areas), and/or who is professionally trained and/or
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Chapter 16.10 ACC, Critical Areas Page 15 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
certifled or licensed by the state of Washington to practice in the scientiflc disciplines necessary
to identify, evaluate, manage, and mitigate impacts to the critical area in question. In addition, a
qualifled professionalconsultant for wetlands and streams must be a professional wetland
scientist with at least two years of full-time work experience as a wetlands professional,
including delineating wetlands using the federal manual and supplements, preparing wetland
reports, conducting function assessments, and development and implementing mitigation
plans. A qualifled professionalconsultant for aquifer recharge areas must be a currently
licensed Washington State geologist holding a current specialty license in hydrogeology.
“Reasonable use” means a legal concept articulated by federal and state courts in regulatory
taking cases.
“Regulated activities” means activities that have a potential to signiflcantly impact a critical area
that is subject to the provisions of this chapter. Regulated activities generally include, but are
not limited to, any fllling, dredging, dumping or stockpiling, release of contaminants to soil or
water, draining, excavation, fiooding, clearing or grading, construction or reconstruction, driving
pilings, obstructing, clearing, or harvesting.
“Restoration” means actions taken to re-establish wetland, stream or habitat functional values,
and the characteristics that have been destroyed or degraded by past alterations (e.g., fllling or
grading). See also “Enhancement.”
“Riparian management zone” (RMZ) means the area that has the potential to provide full
riparian functions. In many forested regions of the state, this area occurs within one 200-year
site-potential tree height measured from the edge of the stream channel. In situations where a
CMZ is present, this occurs within one site potential tree height measured from the edges of
the CMZ. In non-forest zones, the RMZ is deflned by the greater of the outermost point of the
riparian vegetative community or the pollution removal function, at 100 feet. For delineating
RMZs, see the qualifled professional resources in Appendix A of Washington Department of
Fish and Wildlife’s Guidelines for Determining Site Potential Tree Height from Field
Measurements.
“Salmonids” means the family of flsh which includes salmon, trout, and char.
“Secondary habitat” means areas that offer less diversity of animal and plant species than
critical habitat but are important for performing the essential functions of habitat.
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Chapter 16.10 ACC, Critical Areas Page 16 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
“Seismic hazard areas” means areas that, due to a combination of soil and groundwater
conditions, are subject to risk of ground shaking, subsidence, or liquefaction of soils during
earthquakes. These areas are typically underlain by soft or loose saturated soils (such as
alluvium), have a shallow groundwater table, and are typically located on the fioors of river
valleys.
“Site” means the location containing a regulated critical area and on which a regulated activity is
proposed. The location may be a parcel or portion thereof, or any combination of contiguous
parcels where a proposed activity may impact a critical area.
“Slope” means an inclined earth surface, the incline of which is expressed as the ratio of
horizontal distance to vertical distance. The slopes referenced above include only those where
the surface drops 10 feet or more vertically within a horizontal distance of 25 feet.
“Sole source aquifer” means an area formally designated as such by the U.S. Environmental
Protection Agency under the federal Safe Drinking Water Act.
“Spring” means a source of water where an aquifer comes in contact with the ground surface.
“Stream or wetland reconnaissance report” means a type of critical area report prepared by an
applicant’s qualifled professionalconsultant to describe a stream or wetland and to characterize
its conditions, source of hydrologic support, wildlife, habitat values and water quality. The
report may also include an analysis of impacts but generally does not include adequate impact
assessment and deflnition of a mitigation proposal sufficient to meet all the requirements of a
more comprehensive critical areas report.
“Streams” means those areas where surface waters produce a deflned channel or bed that
demonstrates clear evidence of the passage of water and includes, but is not limited to,
bedrock channels, gravel beds, sand and silt beds and deflned-channel swales. The channel or
bed need not contain water year-round. This deflnition is not intended to include artiflcially
created irrigation ditches, canals, stormwater or surface water devices, or other entirely
artiflcial watercourses unless they are used by salmonids or created for the purposes of stream
mitigation.
“Structural diversity, vegetative” means the relative degree of diversity or complexity of
vegetation in a wildlife habitat area as indicated by the stratiflcation or layering of different
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Chapter 16.10 ACC, Critical Areas Page 17 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
plant communities (e.g., ground cover, shrub layer and tree canopy), the variety of plant species
and the spacing or pattern of vegetation.
“Substrate” means the soil, sediment, decomposing organic matter or combination of those
located on the bottom surface of the wetland, lake, stream, or river.
“Temporary erosion control” means on-site and off-site control measures that are needed to
control conveyance or deposition of earth, turbidity, or pollutants during development,
construction, or restoration.
“Tertiary habitat” means habitat that supports some wildlife but does not satisfy the deflnition
of secondary or critical habitat.
“Tree” means any self-supporting perennial woody plant characterized by natural growth of one
main stem or trunk with a deflnite crown, and maturing at a height of at least six feet above the
ground.
“Tree base fee” means the current cost of the tree based on species and minimum code
required installation size, installation (labor and equipment), maintenance for two years and
fund administration.
"Urban growth" refers to growth that makes intensive use of land for the location of buildings,
structures, and impermeable surfaces to such a degree as to be incompatible with the primary
use of such land for the production of food, other agricultural products, or flber, or the
extraction of mineral resources. Urban growth typically requires urban governmental services.
“Utility” includes natural gas, electric, telephone and telecommunications, cable
communications, water, sanitary sewer or storm drainage and their respective facilities, lines,
pipes, mains, equipment and appurtenances.
“Variance” means permission to depart from the requirements of the speciflc regulations of this
title for a particular piece of property.
“Volcanic hazard areas” means areas identifled by the U.S. Geological Survey (maps dated 1998
or as hereafter revised) as subject to a risk of large lahars with a recurrence interval of 500 to
1,000 years.
"Watercourse" as deflned in WAC 220-660-030(154).
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Chapter 16.10 ACC, Critical Areas Page 18 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
“Water dependent use” means a principal use which can only exist when the land/water
interface provides biological or physical conditions necessary for the use.
“Wellhead Pprotection Aarea” means the portion of a well’s, wellfleld’s or spring’s zone of
contribution within the 6-month, 1-year, 5-year, and 10-year time of travel boundary, or
boundaries established using alternate criteria approved by the State Department of Health in
those settings where groundwater time of travel is not a reasonable delineation criterion.
“Wetland” or “wetlands” means areas that are inundated or saturated by surface water or
groundwater 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 artiflcial 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, or those wetlands
created after July 1, 1990, that were unintentionally created as a result of the construction of a
road, street, or highway. Wetlands may include those artiflcial wetlands intentionally created
from nonwetland areas created to mitigate conversion of wetlands. (Deflnition taken from RCW
36.70A.030(23).) Wetlands shall be classifled and rated according to the Washington State
Wetland Rating System for Western Washington: 2014 Update, Version 2.0 or latest approved
by Ecology.
“Wetland impact assessment report” means a report prepared by a qualifled
professionalconsultant that identifles, characterizes and analyzes potential impacts to wetlands
consistent with applicable provisions of these regulations. A wetland impact assessment may
be combined with and include a formal wetland delineation.
“Wetland mosaic” means an area with a concentration of multiple small wetlands, in which each
patch of wetland is less than one acre; on average, patches are less than 100 feet from each
other; and areas delineated as vegetated wetland are more than 50 percent of the total area of
the entire mosaic, including uplands and open water.
“Wildlife report” means a report prepared by a qualifled professionalconsultant that evaluates
plant communities and wildlife functions and values on a site, consistent with the format and
requirements established by this chapter. The report also includes an analysis of impacts. (Ord.
6733 § 3 (Exh. B), 2019; Ord. 6287 § 2, 2010; Ord. 5894 § 1, 2005.)
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Chapter 16.10 ACC, Critical Areas Page 19 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
16.10.030 Applicability – Regulated activities.
A. The provisions of this chapter shall apply to any activity that potentially affects a critical area
or its buffer unless otherwise exempt. Such regulated activities include but are not limited to:
1. Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic
matter, or materials of any kind;
2. Dumping, discharging or fllling with any material;
3. Draining, fiooding or disturbing the water level or water table, or diverting or impeding
water fiow;
4. Driving pilings or placing obstructions;
5. Constructing, reconstructing, demolishing, or altering the size of any structure or
infrastructure;
6. Destroying or altering vegetation through clearing, grading, harvesting, shading, or
planting vegetation that would alter the character of or impact a critical area;
7. Release of contaminants to soil or water;
8. Activities that result in signiflcant changes in water temperature, physical or chemical
characteristics of water sources, including quantity and pollutants; and
89. Any other activity potentially affecting a critical area or buffer not otherwise exempt
from the provisions of this chapter as determined by the director.
9. Activities that result in:
a. A signiflcant change of water temperature,
b. A signiflcant change of the physical or chemical characteristics of the sources of water
to the wetland,
c. A signiflcant change in the timing, frequency, depth, or duration of water entering or
within the wetland,
d. Immediate and substantial erosion and/or sediment transport of surface soils,
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e. Sloughing of exposed surface soils,
f. The emergence, or an increase in the fiow, of water seeps or springs,
B. To avoid duplication, the following permits and approvals shall be subject to and
coordinated with the requirements of this chapter: land clearing; grading; subdivision or short
subdivision; building permit; planned unit development (if permitted by the city code); shoreline
substantial development; variance; conditional use permit; and any other permits that may lead
to the development or alteration of land.
C. Administrative actions, such as rezones, annexations, and the adoption of plans and
programs, shall be subject to the requirements of this chapter. However, the director may,
using discretion, permit any studies or evaluations required by this chapter to use
methodologies and provide a level of detail appropriate to the administrative action proposed.
(Ord. 6733 § 3 (Exh. B), 2019; Ord. 6187 § 3, 2008; Ord. 5991 § 3, 2006; Ord. 5894 § 1, 2005.)
16.10.040 Exemptions and nonconforming uses.
A. The following activities performed on sites containing critical areas as deflned by this
chapter shall be exempt from the provisions of this chapter:
1. Existing and ongoing agricultural activities, as deflned in this chapter;
2. Activities involving artiflcially created wetlands or streams intentionally created from
nonwetland sites, including but not limited to grass-lined swales, irrigation and drainage
ditches, retention or detention facilities, and landscape features, except wetlands or
streams created as mitigation or that provide critical habitat for salmonids and except
when the site contains another critical area;
3. Normal and routine maintenance, operation, repair and reconstruction of existing
roads, streets, utilities and associated structures; provided, that reconstruction of any
structures may not increase the impervious area and may not cause further encroachment
on the critical area or its buffer, and may not result in adverse impacts to surface water and
groundwater quality. Operation and maintenance includes vegetation management
performed in accordance with best management practices that is part of ongoing
maintenance of structures, infrastructure, or utilities; provided, that such management
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The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
actions are part of regular and ongoing maintenance, do not expand further into the critical
area, are not the result of an expansion of the structure or utility, and do not directly
impact an endangered or threatened species;
4. Minor Utility and Street Projects. Utility or street projects which have minor or short
duration impacts to critical areas, as determined by the director in accordance with the
criteria below, and which do not signiflcantly impact the functions or values of a critical
area(s); as determined through a critical areas report; provided, that such projects are
constructed with best management practices and additional restoration measures are
provided through a mitigation plan. Minor activities shall not result in the transport of
sediment or increased storm water. Such allowed minor utility projects shall meet the
following criteria:
a. There is no practical alternative to the proposed activity with less impact on critical
areas;
b. The activity involves the placement of underground piping, conduit, traffic signal
equipment, lighting equipment, utility pole(s), signs, anchor, or vault or other small
component of a utility or street facility;
5. Normal maintenance, repair and reconstruction of residential or commercial structures,
facilities and landscaping; provided, that reconstruction of any structures may not increase
the previous fioor area;
6. The addition of fioor area within an existing building which does not increase the
building footprint;
7. A one-time Aadditions to a legally established single-family residential structure in
existence before May 13, 2005, located within a wetland or stream buffer may be permitted
if all of the following criteria area met:
a. The addition is no greater than 500 square feet of building footprint over that in
existence as of May 13, 2005;
b. The addition is not located closer to the critical area than the existing structure;
c. The addition is consistent with other applicable development regulations;
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The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
dc. Impacts on critical area functions are avoided consistent with the purpose and
intent of this title and as demonstrated in a critical areas report by a qualifled
professional and as applicable mitigated through an approved mitigation
planconsultant; and
ed. There are no changes in slope stability, fiood conditions or drainage; Demonstrate
through analysis by qualifled professionals that other existing property conditions
covered by this title (e.g. – slope stability, fiood conditions, drainage) have not changed
with the proposed addition;
8. Site investigative work and studies that are prerequisite to preparation of an application
for development authorization including soils tests, water quality studies, wildlife studies
and similar tests and investigations; provided, that any disturbance of the critical area shall
be the minimum necessary to carry out the work or studies;
9. Educational activities, scientiflc research, and outdoor passive recreational activities,
including but not limited to interpretive fleld trips, birdwatching and hiking, that will not
have a signiflcant effect on the critical area;
10. Emergency activities necessary to prevent an immediate threat to public health, safety,
property or the environment which requires immediate action within a time too short to
allow full compliance with this chapter as long as any alteration undertaken pursuant to
this subsection is reported to the city as soon as possible. Only the minimum intervention
necessary to reduce the risk to public health, safety or welfare and/or the imminent risk of
damage to private property shall be authorized by this exemption. The director shall
conflrm that an emergency exists or existed and determine what, if any, additional
applications and/or measures shall be required to protect the environment consistent with
the provision of this section and to repair any damage to a pre-existing resource; the
director shall determine a time limit between 1-2 years for restoration, rehabilitation, or
replacement to minimize temporal loss of critical area functions and values;
11. Activities affecting previously legally fllled wetlands;
12. Activities in storm and water quality basins and “wetlands” created by poorly
maintained or plugged culverts or pipeslines, and artiflcially created ditches that are not
used by flshsalmonids;
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The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
13. Minor activities not mentioned above and determined by the director to have minimal
impacts to a critical area, will not result in no net loss of ecological values and functions,
and are constructed with best management practices and additional restoration measures
are provided through a mitigation plan.
B. Notwithstanding the exemptions provided by this subsection, any otherwise exempt
activities occurring in or near a critical area shall comply with the purpose and intent of these
standards and shall consider on-site alternatives that avoid or minimize signiflcant adverse
impacts.
C. Exempt activities occurring in fiood hazard areas shall not alter fiood storage capacity or
conveyance except in conformance with fioodplain requirements of Chapter 15.68 ACC.
D. No property owner or other entity shall undertake exempt activities in subsection (A)(2), (7)
or (13) of this section without flrst providing 14 calendar days’ notice to the city in writing and
receiving conflrmation in writing that the proposed activity is exempt. In case of any question as
to whether a particular activity is exempt from the provisions of this section, the director’s
determination shall govern and shall be conflrmed in writing.
E. An established use or existing structure that was lawfully permitted prior to May 13, 2005,
but which is not in compliance with this chapter, shall be deemed a nonconforming use as
deflned in ACC 18.04.650. Unless otherwise provided for, existing structures, which intrude into
critical areas buffers, shall not be reconstructed in such a manner that results in the further
intrusion into the buffer area. Structures or developments that are nonconforming solely due
to being contrary to the provisions of this chapter shall not be subject to the nonconforming
use provisions of Chapter 18.54 ACC. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 5894 § 1, 2005.)
16.10.050 Critical areas maps.
Maps have been developed by the city that show the general location of critical areas. These
maps are available for reference at the city department of community development. These
maps shall be used for informational purposes as a general guide only for the assistance of
property owners and other interested parties; the boundaries and locations shown are
generalized. The actual presence or absence, type, extent, boundaries and classiflcation of
critical areas on a speciflc site shall be identifled in the fleld by a qualifled
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professionalconsultant and determined by the city, according to the procedures, deflnitions
and criteria established by this chapter. In the event of any confiict between the critical area
location or designation shown on the city’s maps and the criteria or standards of this section,
the criteria, deflnition, and standards shall prevail. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 6287 § 2, 2010;
Ord. 5894 § 1, 2005.)
16.10.060 Relationship to other regulations.
A. These critical area regulations shall apply as an overlay and in addition to zoning, land use
and other regulations established by the city of Auburn. In the event of any confiict between
these regulations and any other regulations of the city, the regulations which provide greater
protection to critical areas shall apply.
B. Areas characterized by particular critical areas may also be subject to other regulations
established by this chapter due to the overlap or multiple functions of some sensitive or critical
areas. Wetlands, for example, may be deflned and regulated according to the wetland, habitat
and stream management provisions of this chapter. In the event of any confiict between
overlapping regulations for multiple critical areas on the same site, the regulations which
provide greater protection to critical areas shall apply.
C. Compliance with the provisions of this chapter does not constitute compliance with other
federal, state, and local regulations and permit requirements that may be required (for
example, shoreline substantial development permits, hydraulic project approval (HPA) permits,
Army Corps of Engineers Section 404 permits, National Pollutant Discharge Elimination System
(NPDES) permits). The applicant is responsible for complying with these requirements, apart
from the process established in this chapter. Where applicable, the director will encourage use
of information such as permit applications to other agencies or special studies prepared in
response to other regulatory requirements to support required documentation submitted for
critical areas review. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 5894 § 1, 2005.)
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16.10.070 Critical area review process and application requirements.
A. Pre-Application Conference. A pre-application conference meeting is available and
encouraged prior to submitting an application for a project permit.
B. Application Requirements.
1. Timing of Submittals. Concurrent with submittal of a State Environmental Policy Act
(SEPA) checklist, or concurrent with submittal of an application for projects exempt from
SEPA, a critical area report must be submitted to the city for review when the city believes
that a critical area may be present. The purpose of the report is to determine the extent,
characteristics and functions of any critical areas located on or potentially affected by
activities on a site where regulated activities are proposed. The report will also be used by
the city to determine the appropriate critical area classiflcation and, if applicable, to
establish appropriate buffer requirements.
2. Report Contents. Reports and studies required to be submitted by this chapter shall
contain, at a minimum, the information indicated in the provisions of this chapter
applicable to each critical area. The director may tailor the information required to refiect
the complexity of the proposal and the sensitivity of critical areas that may potentially be
present.
C. Consultant Qualiflcations and City Review. All reports and studies required of the applicant by
this section shall be prepared by a qualifled professionalconsultant as that term is deflned in
these regulations. The city may retain a qualifled professionalconsultant paid for by the
applicant to review and conflrm the applicant’s reports, studies and plans if the following
circumstances exist:
1. The city has technical information that is unavailable to the applicant; or
2. The applicant has provided inaccurate or incomplete information on previous proposals
or proposals currently under consideration.
D. Review Process. This section is not intended to create a separate critical area review permit
for development proposals. To the extent possible, the city shall consolidate and integrate the
review and processing of critical area-related aspects of proposals with other land use and
environmental considerations and approvals. Any permits required by separate codes or
regulations, such as fioodplain development permits or shoreline substantial development
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permits, shall continue to be required. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 6295 § 4, 2010; Ord. 5894 § 1,
2005.)
16.10.080 Classification and rating of critical areas.
A. To promote consistent application of the standards and requirements of this chapter,
critical areas within the city of Auburn shall be rated or classifled according to their
characteristics, function and value, and/or their sensitivity to disturbance.
B. Classiflcation of critical areas shall be determined by the director based on consideration of
the following factors and in the following order:
1. Consideration of the technical reports submitted by qualifled professionalsconsultants
in connection with applications subject to these regulations;
2. Application of the criteria contained in these regulations; and
3. Critical areas maps maintained by the department of community development.
C. Classiflcation shall incorporate Best Available Science as deflned under WAC 365‑195‑900.,
and utilize statewide classiflcation schemes, such as Ecology’s Wetland Rating System, WDFW
Priority Habitats and Species maps, and the Washington Geologic Information Portal.
DC. Wetland Classiflcation. Wetlands shall be rated according to the Washington Department of
Ecology wetland rating system, as set forth in the Washington State Wetland Rating System for
Western Washington: 2014 Update, Version 2.0,2014 Update (Ecology Publication No. 14-06-
029, or as revised and approved by Ecology). Wetland rating categories shall not change due to
illegal modiflcations.
1. “Category I wetlands” include wetlands which: represent unique or rare wetland types,
are more sensitive to disturbance than most wetlands, are relatively undisturbed and
contain ecological attributes that are impossible to replace within a human lifetime, or
provide a high level of functions, as indicated by a rating system score of 23 points or more
on the classiflcation system referenced above.
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2. “Category II wetlands” provide high levels of some functions, being difficult, though not
impossible to replace, and have a moderately high level of functions, scoring between 20
and 22 points.
3. “Category III wetlands” have a score between 16 and 19 points, generally have been
disturbed in some way and are often less diverse or more isolated from other natural
resources in the landscape than Category II wetlands.
4. “Category IV wetlands” have the lowest levels of functions, scoring fewer than 16 points
and are often heavily disturbed. These are wetlands that should be able to be replaced, or
in some cases be improved. However, experience has shown that replacement cannot be
guaranteed in any speciflc case. These wetlands may provide some important functions,
and should be protected to some degree.
5. “Artiflcially created wetlands” are purposefully created landscape features, ponds and
storm water detention or retention facilities. Artiflcially created wetlands do not include
wetlands created as mitigation, and wetlands modifled for approved land use activities.
Purposeful creation must be demonstrated to the director through documentation,
photographs, statements and/or other evidence. Artiflcial wetlands intentionally created
from nonwetland sites are excluded from regulation under this section.
ED. Stream Classiflcation. Streams shall be classifled according to the water typing system as
provided in WAC 222-16-030, as amended, and designated as Type S, Type F, Type Np, and Type
Ns.
1. “Type S streams” are those natural streams identifled as “shorelines of the state” under
Chapter 90.58 RCW and the city of Auburn shoreline master program.
2. “Type F streams” are those natural streams that are not Class I streams and are either
perennial or intermittent and have one of the following characteristics:
a. Contain flsh habitat; or
b. Has signiflcant recreational value, as determined by the director.
3. “Type Np streams” are those natural streams with perennial (year-round) or
intermittent fiow and do not contain flsh habitat.
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4. “Type Ns streams” are those natural streams and drainage swales with channel width
less than two feet taken at the ordinary high water mark, that do not contain flsh habitat.
5. “Intentionally created streams” are those manmade streams deflned as such in these
regulations, and do not include streams created as mitigation. Purposeful creation must be
demonstrated through documentation, photographs, statements and/or other evidence.
Intentionally created streams may include irrigation and drainage ditches, grass-lined
swales and canals. Intentionally created streams are excluded from regulation under this
section, except manmade streams that provide “critical habitat,” as designated by federal
or state agencies, for salmonids, or streams that contain flsh. Intentionally created streams
must install flsh exclusion devices when applicable.
FE. Fish and Wildlife Habitat Conservation Areas.Wildlife Habitat Classiflcation. Land managed to
maintain populations of species in suitable habitats within their natural geographic distribution
so that the habitat available is sufficient to support viable populations over the long term and
isolated subpopulations are not created. Fish and Wildlife habitat conservation areas are listed
in WAC 365-190-130 and the following list are those that are present in the City of Auburn: shall
be classifled as critical, secondary or tertiary according to the criteria in this section:
1. “Critical habitat” are those habitat areas which meet any of the following criteria:
a. Areas where endangered, threatened, and sensitive species have a primary
association;The documented presence of species or habitat listed by federal or state
agencies as “endangered,” “threatened,” or “sensitive”; or
b. The presence of unusual nesting or resting sites such as heron rookeries;
c. Category I wetlands, as deflned in these regulations; or
d. Waters of the State or Type S streams, as deflned in these regulations.
e. Streams and rivers planted with game flsh by a governmental or tribal entity; and
f. Habitats and species of local importance.
2. “Priority habitat” are those habitat areas that require protective measures due to their
sensitivity, rarity, or ecological importance, and “Secondary habitat” is habitat which is
valuable to flsh and wildlife and supports a wide variety of species due to its undisturbed
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nature, a diversity of plant species and structure, presence of water, or the area’s size,
location, or seasonal importance.
3. “Tertiary habitat” is habitat which is not classifled as critical or secondary. It is habitat
which, while supporting some wildlife and performing other valuable functions, does not
currently possess essential characteristics necessary to support diverse wildlife
communities. Tertiary habitat also includes habitat which has been created purposefully by
human actions to serve other or multiple purposes, such as open space areas, landscape
amenities, and detention facilities.
GF. Aquifer Recharge Areas. The following areas are hereby designated as aquifer recharge
areas subject to review under this chapter:
1. Type I.
a. Sole source aquifers and wellhead protection areas designated pursuant to the
Federal Safe Drinking Water Act and WAC 246-290-135.
b. Areas established for special protection pursuant to a groundwater management
program as described by Chapters 90.44, 90.48 and 90.54 RCW and Chapters 173-100
and 173-200 WAC.
c. Any other area meeting the deflnition 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, including groundwater protection areas Nos. 1 through 3 as
designated in the “Water Resource Protection Report” prepared for the city by the
Paciflc Groundwater Group, December 2000.
2. Type II.
a. Groundwater protection area No. 4 as designated in the “Water Resource
Protection Report” prepared for the city by the Paciflc Groundwater Group, December
2000.
b. Any other area within the city that is not otherwise designated or that is added to
the city via annexation shall be treated as a Type II aquifer recharge area.
G. Geologic ally Hazard Areaous Classiflcations. Geologically hazardous areas shall be classifled
according to the criteria in this section:
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The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
1. Critical Erosion Hazard Areas. Critical erosion hazard areas are lands or areas underlain
by soils identifled by the U.S. Department of Agriculture Soil Conservation Service (SCS),
now known as the Natural Resources Conservation Service, as having “severe” or “very
severe” erosion hazards. This includes the following group of soils when they occur on
slopes of 15 percent or greater: Alderwood-Kitsap (AkF), Alderwood gravelly sandy loam
(AgD), Kitsap silt loam (KpD), Everett (EvD), and Indianola (InD).
2. Landslide Hazard Areas. Landslide hazard areas are classifled as Class I, Class II, Class III,
or Class IV as follows:
a. Class I/Low Hazard. Areas with slopes of 15 percent or less.
b. Class II/Moderate Hazard. Areas with slopes of between 15 percent and 40 percent
and that are underlain by soils that consist largely of sand, gravel, or glacial till.
c. Class III/High Hazard. Areas with slopes between 15 percent and 40 percent that are
underlain by soils consisting largely of silt and clay.
d. Class IV/Very High Hazard. Areas with slopes steeper than 15 percent with mappable
zones of emergent water (e.g., springs or groundwater seepage), areas of known
(mappable) landslide deposits regardless of slope, and all areas with slopes 40 percent
or greater.
3. Seismic Hazard Areas. Seismic hazard areas are lands that, due to a combination of soil
and groundwater conditions, are subject to severe risk of ground shaking, subsidence, or
liquefaction of soils during earthquakes. These areas are typically underlain by soft or loose
saturated soils (such as alluvium), have a shallow groundwater table and are typically
located on the fioor of river valleys. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 6287 § 2, 2010; Ord. 5894 § 1,
2005.)
16.10.090 Buffer areas and setbacks.
A. General Provisions. The establishment of on-site buffers, buffer areas or setbacks shall be
required for all development proposals and activities in or adjacent to wetlands, streams, flsh
and wildlife habitat conservation areas, and geologically hazardous areas. The purpose of the
buffer shall be to protect the integrity, function, value, and resources of the subject critical area
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(in the case of wetlands, streams, and/or flsh and wildlife habitat conservation areas), and/or to
protect life, property and resources from risks associated with development on unstable or
critical lands (in the case of geologically hazardous areas). Buffers shall typically consist of an
undisturbed area of native vegetation retained or established to achieve the purpose of the
buffer. No buildings or structures shall be allowed within the buffer unless as otherwise
permitted by this section. If the site has previously been disturbed, the buffer area shall be
revegetated pursuant to an approved enhancement plan. Buffers shall be protected during
construction by placement of a temporary barricade, notice of the presence of the critical area
and implementation of appropriate erosion and sedimentation controls. Restrictive covenants
or conservation easements may be required to provide long-term preservation and protection
of buffer areas.
B. Required buffer widths shall refiect the sensitivity of the particular critical area and resource
or the risks associated with development and, in those circumstances permitted by these
regulations, the type and intensity of human activity proposed to be conducted on or near the
critical area.
C. Buffers shall be measured as follows:
1. Wetland buffers – the buffer shall be measured perpendicular from the wetland edge as
delineated and marked in the fleld using the approved federal wetland delineation manual
and the Western Mountains, Valleys, and Coast Regional supplement. Wetland delineations
are valid for flve years; after such date the city shall determine whether a revision or
additional assessment is necessary;
2. Stream buffers – the buffer shall be measured perpendicular from the ordinary high
water mark;
3. Geologically hazardous area buffers shall be required for critical landslide hazard areas
and shall be measured from the top and toe and along the sides of the slope.
D. Buffer Width Variances. A variance from buffer width requirements may be granted by the
city subject to the variance criteria set forth in ACC 16.10.160. Minor variances, deflned as up to
and including 10 percent of the requirement, shall be considered by the director. Variance
requests which exceed 10 percent shall be considered by the hearing examiner. Variances to
buffer widths can only be made to the standard buffer widths noted in ACC 16.10.090(E)(1)(a)(ii)
and cannot be combined with buffer averaging provisions of ACC 16.10.090(E)(1)(b).
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E. Buffer widths shall be established for speciflc critical areas according to the following
standards and criteria:
1. Wetland buffers shall be established per the following table. Different buffer width
requirements may apply to various portions of a site, without requiring averaging or
variances, based on the site plan, the intensity of land uses in various locations, and
differences in the category of wetland.
Wetland
Category
Minimum Buffer Width (in feet) with
Minimization Measures Listed in ACC
16.10.090(E)(1)(a)(iii)
Minimum Buffer Width (in feet) without
Minimization Measures Listed in ACC
16.10.090(E)(1)(a)(iii)
Habitat Score* Habitat Score*
Low (3-5) Medium (6-7) High (8-9) Low (3-5) Medium (6-7) High (8-9)
Category I 75 110 225 100 150 300
Category II 75 110 225 100 150 300
Category III 60 110 225 80 150 300
Category IV 40 40 40 50 50 50
* As determined per ACC 16.10.080(C).
a. Standard buffer widths as noted in subsection (E)(1) of this section in the table
heading “without Minimization Measures” may be reduced to the buffer width in the
table heading “with Minimization Measures,” if all of the following minimization
measures are implemented and as follows:
i. The reduced buffer widths from implementing the minimization measures in
table ACC 16.10.090E(1)(a)(ii) cannot be further reduced by critical areas variance
or buffer averaging.
ii.ForFor wetlands that score six points or more for habitat function, a relatively
undisturbed, vegetated riparian corridor at least 100 feet wide between the
wetland and any other priority habitat as deflned by the Washington Department
of Fish and Wildlife (WDFW). is protected between the wetland and any other
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Priority Habitats as deflned by the Washington State Department of Fish and
Wildlife. The corridor must be protected for the entire distance between the
wetland and the Priority Habitat consistent with ACC 16.10.110(ED). Presence or
absence of a nearby habitat must be conflrmed by a qualifled biologist.
iii. For wetlands that score three to flve habitat points, only the minimization
measures are required. The following minimization measures are applicable to
wetlands and streams and stream buffers (riparian management zones).
Disturbance Required Measures to Minimize Impacts
Lights – Direct lights away from wetland
Noise – Locate activity that generates noise away from wetland
– If warranted, enhance existing buffer with native vegetation plantings adjacent to noise
source
– For activities that generate relatively continuous, potentially disruptive noise, such as
certain heavy industry or mining, establish an additional 10-foot heavily vegetated buffer
strip immediately adjacent to the activity
Toxic runoff – Route all new, untreated runoff away from wetland while ensuring wetland is not
dewatered
– Establish covenants limiting use of pesticides within 150 feet of wetland
– Apply integrated pest management
Storm water
runoff
– Retroflt storm water detention and treatment for roads and existing adjacent
development
– Prevent channelized fiow from lawns that directly enters the buffer
– Use Low Intensity Development techniques
Change in water
regime
– Inflltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces
and new lawns
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Disturbance Required Measures to Minimize Impacts
Pets and human
disturbance
– Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage
disturbance using vegetation appropriate for the ecoregion
– Place wetland and its buffer in a separate tract or protect with a long-term conservation
easement
Dust – Use best management practices to control dust
Examples of
disturbances
Activities and uses that cause
disturbances
Examples of measures to minimize impacts
Lights • Parking lots
• Commercial/Industrial
• Residential
• Recreation (e.g., athletic fields)
• Agricultural buildings
• Direct lights away from wetland/stream
• Only use lighting where necessary
for public safety and keep lights off when not
needed
• Use motion-activated lights
• Use full cut-off filters to cover light bulbs and
direct light only where needed
• Limit use of blue-white colored lights
in favor of red-amber hues
• Use lower-intensity LED lighting
• Dim light to the lowest acceptable
intensity
Noise • Commercial
• Industrial
• Recreation (e.g., athletic fields,
bleachers, etc.)
• Residential
• Agriculture
• Locate activity that generates noise
away from wetland/stream
• Construct a fence to reduce noise
impacts on adjacent wetland/stream and
buffer
• Plant a strip of dense shrub
vegetation adjacent to wetland/stream
buffer
Toxic runoff • Parking lots
• Roads
• Commercial/industrial
• Residential areas
• Application of pesticides
• Landscaping
• Agriculture
• Route all new, untreated runoff away
from wetland and/or stream and buffer while
ensuring wetland and/or stream is not dewatered
• Establish covenants limiting use of
pesticides within 150 ft. of wetland and/or stream
and buffer
• Apply integrated pest management
(Note: These examples are not
necessarily adequate for minimizing
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toxic runoff if threatened or endangered
species are present at the site.)
Stormwater
runoff
• Parking lots
• Roads
• Residential areas
• Commercial/industrial
• Recreation
• Landscaping/lawns
• Other impermeable surfaces,
compacted soil, etc.
Retrofit stormwater detention and
treatment for roads and existing adjacent
development
• Prevent channelized or sheet flow
from lawns that directly enter the
buffer
• Infiltrate or treat, detain, and disperse
new runoff from impervious surfaces
and lawns
Pets and human
disturbances
• Residential areas
• Recreation
• Use privacy fencing
• Plant dense native vegetation to
delineate buffer edge and to
discourage disturbance
• Place wetland/stream and its buffer in a
separate tract
• Place signs around the wetland and/or stream and
buffer every 50-200 ft., and for subdivisions place
signs at the back of each residential lot
• When platting new subdivisions,
locate greenbelts, stormwater
facilities, or other lower-intensity land
uses adjacent to wetland/stream and buffers
Dust • Tilled fields
• Roads
• Use best management practices to
control dust
b. Buffer averaging to improve wetland protection may be permitted when all of the
following conditions are met:
i. The wetland has signiflcant differences in characteristics that affect its habitat
functions, such as a wetland with a forested component adjacent to a degraded
emergent component or a “dual-rated” wetland with a Category I area adjacent to
a lower-rated area.
ii. The buffer is increased adjacent to the higher-functioning area of habitat or
more sensitive portion of the wetland and decreased adjacent to the lower-
functioning or less sensitive portion as demonstrated by a critical areas report
from a qualifled wetland professional.
iii. The total area of the buffer after averaging is equal to the area required
without averaging.
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iv. The buffer at its narrowest point is never less than either 75 percent of the
required width or 75 feet for Category I and II, 50 feet for Category III, and 25 feet
for Category IV, whichever buffer is greater.
v. Averaging applies only to standard buffer widths, not reduced widths.
c. Certain uses and activities which are consistent with the purpose and function of
the wetland buffer and do not detract from its integrity may be permitted by the
director within the buffer depending on the sensitivity of the wetland. Examples of
uses and activities with minimal impacts which may be permitted in appropriate cases
include permeable pedestrian trails, viewing platforms, and utility easements. Trails
and easements should be limited to minor crossings having no adverse impact on
water quality. They should be generally parallel to the perimeter of the wetland,
located only in the outer 25 percent of the wetland buffer area, and located to avoid
removal of signiflcant trees. Trails should be limited to pervious surfaces no more than
eight feet in width for pedestrian use only. Raised boardwalks utilizing nontreated
pilings may be acceptable.
d. Where existing buffers are degraded, the director may allow limited fllling within
the buffer when the applicant demonstrates that the buffer will be enhanced according
to standards of this chapter, including revegetation, appropriate soil preparation, will
not result in slopes exceeding 25 percent, and there will be no net loss of wetland or
buffer functions and values.
e. Functionally Disconnected Buffer Areas. Buffers may exclude areas that are
functionally and effectively disconnected from the wetland by an existing public or
private road or legally established development, as determined by the director.
Functionally and effectively disconnected means that the road or other signiflcant
development blocks the protective measures provided by a buffer.
Signiflcant developments shall include built public infrastructure such as roads and
railroads, and private developments such as homes or commercial structures. The
director shall evaluate whether the interruption will affect the entirety of the buffer.
Individual structures may not fully interrupt buffer function. In such cases, the
allowable buffer exclusion should be limited in scope to just the portion of the buffer
that is affected. Where questions exist regarding whether a development functionally
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disconnects the buffer, or the extent of that impact, the director may require a critical
area report to analyze and document the buffer functionality.
2. Stream buffers (riparian management zones) shall be established as follows:
Stream Type Minimum Buffer
Width (in feet)
Increased Buffer
Width (in feet) 1
(Applicable when the
buffer does not meet
vegetation standards
of ACC
16.10.090(E)(2)(a)
Type S Per SMP Per SMP
Type F 15000 200
Type Np 10050 133
Type Ns 10050 133
1 In addition to ESA review, an increase applies if the applicant does not implement applicable minimization
measures under ACC 16.10.090(E)(1)(a)(iii) and does not meet vegetated buffer standards.
a. The applicable minimum buffer for Type S streams is listed in the city’s shoreline
master program (SMP). Required buffer widths for all other types are established
based upon stream type. The minimum buffer widths in the table above assume the
buffer is vegetated with a native plant community appropriate for the ecoregion. To be
considered fully functioning, a stream buffer (riparian management zone) must
contain:
i. An average of eighty percent (80%) native vegetation cover, with no more than
ten percent (10%) noxious weed cover; and
ii. A native plant community that includes tree, shrub, and groundcover strata in
proportions that mimic native forest for the region.
b. If the existing buffer does not meet the vegetative buffer standards above, the
buffer must be:
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i. Densely planted to create the appropriate native plant community through the
implementation of a buffer enhancement plan per ACC 16.10.110;
ii. Include impact minimization measures described in ACC 16.10.090(E)(1)(a)(iii);
and
iii. If applicable, a habitat corridor is provided connecting the habitats described
in ACC 16.10.090(E)(a)(ii); or
iv. Be widened by thirty-three percent (33%) to ensure that the buffer provides
adequate functions to protect the stream.
cb. The minimum buffer widths required in this section may be increased by the
director up to a maximum of 3350 percent for Type F, and Ns, and Np streams and up
to 100 percent for Type Np streams in response to site-speciflc conditions and based
on the report information submitted to characterize the functions and values of the
stream. This includes, but is not limited to, situations where the critical area serves as
habitat for areas where endangered, threatened, and sensitive species have a primary
association threatened, endangered or sensitive species. The applicant may propose to
implement one or more enhancement measures, listed in order of preference below,
which will be considered in establishing buffer requirements:
i. Removal of flsh barriers to restore accessibility to anadromous flsh.
ii. Enhancement of flsh habitat using log structures incorporated as part of a flsh
habitat enhancement plan.
iii. Enhancement of wildlife habitat by adding structures that are likely to be used
by wildlife, including wood duck houses, bat boxes, nesting platforms, snags, root
wads/stumps, birdhouses, and heron nesting areas.
iv. Additional mitigating measures may include but are not limited to:
(A) Landscaping outside the buffer area with native vegetation or a reduction
in the amount of clearing outside the buffer area;
(B) Planting native vegetation within the buffer area, especially vegetation
that would increase value for flsh and wildlife, increase stream bank or slope
stability, improve water quality, or provide aesthetic/recreational value;
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(C) Creating a surface channel where a stream was previously culverted or
piped;
(D) Removing or modifying existing stream culverts (such as at road
crossings) to improve flsh passage and fiow capabilities which are not
detrimental to flsh;
(E) Upgrading retention/detention facilities or other drainage facilities beyond
required levels; or
(F) Similar measures determined applicable by the director.
c. No structures or improvements shall be permitted within the stream buffer area,
including buildings, decks, docks, except as otherwise permitted or required under the
city’s adopted shoreline master program, or under one of the following circumstances:
i. When the improvements are part of an approved enhancement, restoration or
mitigation plan; or
ii. For construction of new public roads and utilities, and accessory structures,
when no feasible alternative location exists; or
iii. Construction of foot trails, according to the following criteria:
(A) Designed to minimize impact of permeable materials;
(B) Designed to minimize impact on the stream system;
(C) Of a maximum width of 12 feet;
(D) Located within the outer half of the buffer, i.e., the portion of the buffer
that is farther away from the stream; or
iv. Construction of footbridges; or
v. Construction of educational facilities, such as viewing platforms and
informational signs.
d. Buffer width averaging may be allowed for Type F and Type Np streams only;
provided, that all of the following are demonstrated by the applicant:
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i. One or more of the enhancement measures identifled in subsections (E)(2)(b)(i)
through (E)(2)(b)(iv) of this section are implemented;
ii. The total area contained within the buffer after averaging is no less in area than
contained within the standard buffer prior to averaging;
iii. The buffer width averaging will result in stream functions and values equal or
greater than before averaging; and
iv. The buffer width is not reduced by more than 25 percent in any location than
the buffer widths established by this chapter.
e. Stream buffer widths may be reduced by the director on a case-by-case basis by up
to 25 percent if an applicant demonstrates that a reduction will not result in any
adverse impact to the stream. Further, if an existing buffer is vegetated, a buffer
enhancement plan may be required to demonstrate how the function and values of
the buffer and stream will be improved. If the existing buffer has been disturbed
and/or is not vegetated, an enhancement plan shall be required that identifles
measures to enhance the buffer functions and values and provide additional
protection for the stream function and values. Enhancement plans are subject to
approval by the director.
e. Functionally Disconnected Buffer Areas. If a portion of a stream buffer (riparian
management zone) is determined to be functionally disconnected or isolated and
physically separated from the watercourse due to existing, legally established public
roadways public roadways, railroads, or other legally established structures, the
director may exclude this area from a riparian management zone provided:
i. The area does not provide any of the primary riparian management zone
functions of bank stability, shade, pollution control, wildlife habitat corridor
connection, or recruitment of large woody debris;
ii. A critical areas report conflrms the area of the riparian management zone as
being functionally isolated and physically separated from the watercourse.
3. Fish and Wildlife Habitat Conservation Areas.
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a. Buffer widths for critical habitat areas shall be determined by the director based on
consideration of the following factors: species recommendations of the Department of
Fish and Wildlife; recommendations contained in the wildlife report and the nature and
intensity of land uses and activities occurring on the site and on adjacent sites. Buffers
shall not be required for secondary or tertiary habitat. When designated Priority
Habitat or Species are present, buffer widths shall conform to the best available
science guidance. The director may require a critical area report prepared by a
qualifled professional to document compliance.
b. Buffer widths for critical habitat areas may be modifled by averaging buffer widths
or by enhancing or restoring buffer quality.
bc. Certain uses and activities which are consistent with the purpose and function of
the buffer for critical habitat areas and do not detract from its integrity may be
permitted by the director within the buffer depending on the sensitivity of the habitat
area. Examples of uses and activities with minimal impact which may be permitted in
appropriate cases include permeable pedestrian trails and viewing platforms and
utility easements; provided, that any impacts to the buffer resulting from permitted
facilities shall be mitigated. When permitted, such facilities shall generally be located as
far from the critical habitat area as possible.
4. Geologically Critical Landslide Hazardous Areas.
a. Required buffer widths for critical landslidegeologically hazardous areas shall
refiect the sensitivity of the critical landslidegeologically hazardous area in question
and the types and the risks associated with development and, in those circumstances
permitted by these regulations, the type and intensity of human activity and site design
proposed to be conducted on or near the area.
b. Required buffers may vary in width. The widths of the buffer shall refiect the
sensitivity of the geologically hazardous area in question and the types and density of
uses proposed on or adjacent to the geologic hazard. In determining the appropriate
buffer width, the director shall consider the recommendations contained in any
geotechnical report required by these regulations and prepared by a qualifled
consultant. Minimum buffer width from critical landslide hazard areas shall be equal to
the vertical height of the landslide hazard or 50 feet, whichever is greater, for all critical
landslide hazard areas that measure 10 feet or more in vertical elevation change from
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top to toe of slope, as identifled in the geotechnical report, maps, and fleld-checking.
No disturbance may occur within the buffer except as provided within this chapter.
c. Buffers may be reduced to a minimum width of 15 feet when the applicant
demonstrates through the geotechnical report that the reduction will adequately
protect the critical landslidegeologic hazard area and the proposed development
through use of proposed engineering techniques. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 5894 § 1,
2005.)
d. To increase the functional attributes of the buffer, the department may require that
the buffer be enhanced through planting of indigenous species. (Ord. 6733 § 3 (Exh. B),
2019; Ord. 5894 § 1, 2005.)
16.10.100 Alteration or development of critical areas – Standards and
criteria – Prohibited uses.
Alteration of speciflc critical areas and/or their buffers may be allowed by the director subject to
the criteria of this section. Alteration shall implement the mitigation standards as identifled in
ACC 16.10.110, and the performance standards of ACC 16.10.120 and the monitoring
requirements of ACC 16.10.130.
A. Wetlands.
1. Category I Wetlands. Alterations of Category I wetlands shall be avoided subject to the
reasonable use provisions of this chapter.
2. Category II Wetlands.
a. Alteration and mitigation shall comply with the mitigation performance standards
and requirements of these regulations;
b. Where enhancement, restoration or creation is proposed, replacement ratios shall
comply with the requirements of these regulations; and
c. No net loss of wetland functions and values may occur.
3. Category III and IV Wetlands.
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a. Alteration and mitigation shall comply with the mitigation performance standards
and requirements of these regulations;
b. Where enhancement, restoration or creation is proposed, replacement ratios shall
comply with the requirements of these regulations; and
c. No net loss of wetland functions and values may occur.
d. The following wetlands may be exempt from the requirement to avoid impacts and
they may be fllled if the impacts are fully mitigated based on the remaining actions. If
available, impacts should be mitigated through the purchase of credits from an in-lieu
fee program or mitigation bank, consistent with the terms and conditions of the
program or bank. Mitigation requirements may be determined using the credit/debit
tool described in Calculating Credits and Debits for Compensatory Mitigation in
Wetlands of Western Washington: Final Report (Ecology Publication No. 10-06-011, or
as revised and approved by Ecology). In order to verify the following conditions, a
critical area report for wetlands meeting the requirements in ACC 16.10.060 must be
submitted.
i. All non-federally-regulated Category IV wetlands less than 4,000 square feet
that:
(A) Are not associated with riparian areas or their buffers.
(B) Are not associated with shorelines of the state or their associated buffers.
(C) Are not part of a wetland mosaic.
(D) Do not score six or more points for habitat function based on the 2014
update to the Washington State Wetland Rating System for Western
Washington: 2014 Update Version 2.0 (Ecology Publication No. 14-06-029, or
as revised and approved by Ecology).
(E) Do not contain a priority habitat or a priority area for a priority species
identifled by the Washington Department of Fish and Wildlife, do not contain
federally listed species or their critical habitat, or species of local importance
identifled in ACC 16.10.080(E).
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ii. Wetlands less than 1,000 square feet that meet the above criteria and do not
contain federally listed species or their critical habitat are exempt from the buffer
provisions contained in this chapter.
B. Streams.
1. Relocation of a Type F, Np and Ns stream exclusively to facilitate general site design
shall not be allowed. Relocation of a stream may take place only when it is part of an
approved mitigation or enhancement/restoration plan. Consultation with Washington
Department of Fish and Wildlife (WDFW) and a functional assessment demonstrating equal
or improved aquatic and riparian ecosystem function, and no net loss of stream functions,
is recommended. and will resultThe result shall be in equal or better habitat and water
quality, and will not diminish the fiow capacity of the stream.
2. Bridges shall be used to cross Type S streams; boring/micro-tunneling, or other forms
of trenchless technologies may be considered for utility crossings if it would result in the
same or lower impacts as bridging.
3. Culverts are allowable only under the following circumstances:
a. Only in Type F, Type Np, and Type Ns streams;
b. When flsh passage will not be impaired;
c. When the following design criteria are met:
i. All new culverts shall be designed following guidance provided in the
Washington Department of Fish and Wildlife’s document: Water Crossing Design
Guidelines, 2013 (or most recent version thereof). The applicant shall obtain a HPA
from the Department of Fish and Wildlife;
ii. Culverts will include gradient controls and creation of pools within the culvert
for Type F streams;
iii. Gravel substrate will be placed in the bottom of the culvert to a minimum
depth of one foot for Type F and Type Np streams;
d. The applicant or successors shall, at all times, keep any culvert free of debris and
sediment to allow free passage of water and, if applicable, flsh. This responsibility shall
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be part of the required long-term preservation measure and may be subject to
securing all the necessary approvals for any ongoing maintenance.
4. The city may require that an existing culvert be removed from a stream as a condition
of approval, unless the culvert is not detrimental to flsh habitat or water quality, or removal
would be a long-term detriment to flsh or wildlife habitat or water quality.
C. Fish and Wildlife Habitat Conservation Areas.
1. Critical Habitat. Alterations of critical habitat shall be avoided, subject to the reasonable
use provisions of this chapter.
2. Priority Secondary Habitat. Alterations of secondarypriority habitat may be permitted;
provided, that the applicant consults with Washington Department of Fish and Wildlife
(WDFW), demonstrates no net loss of habitat, mitigates adverse impacts consistent with the
performance standards of ACC 16.10.120, and other requirements of this chapter.
3. Tertiary Habitat. Alterations of tertiary habitat are permitted consistent with applicable
provisions of these regulations and provided that no other regulated critical area is
present.
D. Aquifer Recharge Areas. The following land uses and activities applied for on or after the
effective date of the ordinance codifled in this chapter, as amended, shall be prohibited in Type
I aquifer recharge areas:
1. Class V injection wells that inject industrial, municipal, or commercial waste fiuids (as
deflned in WAC 173-218-030);
2. Surface impoundments for treating, storing and disposing of dangerous waste (as
deflned in WAC 173-303-040 and 173-304-100);
3. Waste piles for treating or storing solid waste (as deflned in WAC 173-303-040, 173-303-
660 and 173-304-420);
4. Hazardous waste treatment, storage, and disposal (as deflned in WAC 173-303-040);
5. All types of solid waste landfllls (as deflned in WAC 173-304-100);
6. On-site sewage systems (as deflned in Chapter 246-272A WAC) except as related to R-C,
residential conservancy zoned properties and properties located within sole source aquifer
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(community well sites not classifled as groundwater protection areas) flve- and 10-year
time of travel areas. On-site sewage systems may be allowed in instances that there are no
other means of sewage disposal and the applicant can demonstrate to the King County
health department that the system can meet treatment standard N, as provided in WAC
246-272A-0110. Should an on-site sewage system be unable to meet these requirements,
the applicant may apply for a critical areas variance in accordance with this chapter.
7. Recycling facilities that accept, store, or use hazardous substances as deflned in WAC
173-218-030.
8. Underground storage of hazardous substances as deflned in WAC 173-218-030,
excluding the underground storage of petroleum and other substances as regulated by
Chapter 173-360A WAC;
9. Use, storage, treatment, or production of perchlorethylene (PCE) or tetrachloroethylene
(PERC), other than in closed-loop systems that do not involve any discharge of chemicals;
10. Petroleum reflning, reprocessing, and storage, excluding the underground storage of
petroleum products and other substances as regulated by Chapter 173-360A WAC;
11. Petroleum-product pipelines not associated with underground storage of petroleum
and other regulated substances as regulated by Chapter 173-360 WAC; and
12. Storage or distribution of gasoline treated with the additive methyl tertiary butyl ether
(MTBE).
E. Geologically Hazardous Areas.
1. General Standards.
a. The city may approve, condition or deny proposals for the alteration of geologically
hazardous areas, as appropriate, based on the degree to which the signiflcant risks
posed by critical hazard areas to public and private property and to public health and
safety can be mitigated. The objective of mitigation measures shall be to render a site
containing a critical geologic hazard as safe as one not containing such hazard or one
characterized by a low hazard. In appropriate cases, conditions may include limitations
of proposed uses, modiflcation of density, alteration of site layout and other
appropriate changes to the proposal. Where potential impacts cannot be effectively
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mitigated or where the risk to public health, safety and welfare, public or private
property, or important natural resources is signiflcant notwithstanding mitigation, the
proposal shall be denied.
b. When development is permitted in geologic hazard areas by these regulations, an
applicant and/or its qualifled professional shall provide assurances which, at the city’s
discretion, may include one or more of the following:
i. A letter from the geotechnical engineer and/or geologist who prepared the
geotechnical report required by these regulations, stating that the risk of
damage from the proposal, both on site and off site, is minimal subject to the
conditions set forth in the report, that the proposal will not increase the risk of
occurrence of the potential geologic hazard, and that measures to eliminate or
reduce risks have been incorporated into its recommendations;
ii. A letter from the applicant, or the owner of the property if not the applicant,
stating its understanding and acceptance of any risk of injury or damage
associated with development of the site and agreeing to notify any future
purchasers of the site, portions of the site, or structures located on the site of
the geologic hazard;
iii. A legally enforceable hold harmless agreement, which shall be recorded as a
covenant and noted on the face of the deed or plat, and executed in a form
satisfactory to the city, acknowledging that the site is located in a geologic hazard
area; the risks associated with development of such site; and a waiver and
release of any and all claims of the owner(s), their directors, employees, or
successors, or assigns against the city of Auburn for any loss, damage, or injury,
whether direct or indirect, arising out of issuance of development permits for the
proposal; and
iv. Posting of a bond, guarantee or other assurance device approved by the city
to cover the cost of monitoring, maintenance and any necessary corrective
actions.
2. Speciflc Standards.
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a. CriticalClass IV Landslide Hazard Areas. Alteration shall be prohibited subject to the
reasonable use provisions of this chapter.
i. Alterations to landslide hazard areas may be permitted based on the flndings
and recommendations of a geotechnical engineer (report, letter, etc.) that is
prepared consistently with the requirements of this chapter and certifying that
the development complies with the criteria in subsection (1) of this section.
ii. Unless otherwise provided or as a necessary part of an approved alteration,
removal of any vegetation from a critical landslide hazard area or buffer shall be
prohibited, except for removal of dead or diseased trees as verifled by an
arborist that pose danger to life or property or except for removal of tree(s)
within the public right-of-way by order of the City Engineer to address public
safety.
iii. Vegetation on slopes within a landslide hazard area or buffer which has been
damaged by human activity or infested by noxious and invasive weeds may be
replaced with native vegetation pursuant to an enhancement plan. The use of
hazardous substances, pesticides, and fertilizers in landslide hazard areas and
their buffers is prohibited, unless otherwise approved by the director.
iv. All alterations shall be undertaken in a manner to minimize disturbance to the
landslide hazard area, slope, and vegetation, unless the alterations are necessary
for slope stabilization.
b. Critical Seismic Hazard Areas.
i. For one-story and two-story residential structures, the applicant shall conduct
an evaluation of site response and liquefaction potential based on the
performance of similar structures under similar foundation conditions; or
ii. For all other proposals, the applicant shall conduct an evaluation of site
response and liquefaction potential including sufficient subsurface exploration to
provide a site coefficient (S) for use in the static lateral force procedure described
in the International Building Code.
c. Erosion Hazard Areas.
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i. Clearing in an erosion hazard area is not limited to time of year, except when
such restrictions are recommended in the geotechnical report and approved by
the City.
When development is permitted in geologically hazardous areas by these regulations,
an applicant and/or its qualifled consultant shall provide assurances which, at the city’s
discretion, may include one or more of the following:
i. A letter from the geotechnical engineer and/or geologist who prepared the
geotechnical report required by these regulations, stating that the risk of damage
from the proposal, both on site and off site, is minimal subject to the conditions
set forth in the report, that the proposal will not increase the risk of occurrence of
the potential geologic hazard, and that measures to eliminate or reduce risks have
been incorporated into its recommendations;
ii. A letter from the applicant, or the owner of the property if not the applicant,
stating its understanding and acceptance of any risk of injury or damage
associated with development of the site and agreeing to notify any future
purchasers of the site, portions of the site, or structures located on the site of the
geologic hazard;
iii. A legally enforceable hold harmless agreement, which shall be recorded as a
covenant and noted on the face of the deed or plat, and executed in a form
satisfactory to the city, acknowledging that the site is located in a geologically
hazardous area; the risks associated with development of such site; and a waiver
and release of any and all claims of the owner(s), their directors, employees, or
successors, or assigns against the city of Auburn for any loss, damage, or injury,
whether direct or indirect, arising out of issuance of development permits for the
proposal; and
iv. Posting of a bond, guarantee or other assurance device approved by the city to
cover the cost of monitoring, maintenance and any necessary corrective actions.
F. Flood Hazard Areas. Development standards are deflned by Chapter 15.68 ACC. (Ord. 6733 § 3
(Exh. B), 2019; Ord. 5894 § 1, 2005.)
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16.10.110 Mitigation standards, location, and timing, wetland
replacement ratios, and long-term protection
requirements.
A. Mitigation Standards. Adverse impacts to critical area functions and values shall be mitigated.
Mitigation must follow the sequence of avoidance, minimization, rectiflcation/rehabilitation,
reduction of impacts over time, and compensation, in that order. Proposals relying on
compensatory mitigation shall demonstrate Mitigation actions shall generally be implemented
in the preferred sequence identifled in this chapter. Proposals which include less preferred
and/or compensatory mitigation shall demonstrate that:
1. All feasible and reasonable measures as determined by the department have been
taken to avoidreduce impacts and losses to the critical area; including, where applicable;, or
to avoid impacts where avoidance is required by these regulations;
a. Alternative building locations on the property;
b. Adjustments to the project footprint and orientation;
c. Modiflcation of building setbacks where feasible, as a flrst option before encroaching;
into critical areas and/or buffer; and
d. Multi-story design or alternate building design.
2. The restored, created or enhanced critical area or buffer will be as viable and enduring
as the critical area or buffer area it replaces; and
3. No overall net loss will occur in wetland or stream functions and values. The mitigation
shall be functionally equivalent to or greater than the altered wetland or stream in terms of
hydrological, biological, physical, and chemical functions.
4. Mitigation shall occur within the same drainage basin using a watershed approach.
However, when the applicant can demonstrate that a mitigation site in a different sub-
drainage basin is ecologically preferable, it should be used.
B. Location and Timing of Mitigation.
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1. The preferred location of mitigation is on site when ecologically preferable to other
identifled alternatives. Mitigation may be allowed off site when it is determined by the
director that on-site mitigation is not ecologically preferable to other identifled alternatives,
or, in the case of wetlands, where the affected site is identifled as appropriate for off-site
mitigation in the Mill Creek Special Area Management Plan (SAMP), April 2000. The burden
of proof shall be on the applicant to demonstrate that mitigation cannot be provided on
site or is consistent with the SAMP. If it is determined that on-site mitigation is not
ecologically preferable to other identifled alternatives, mitigation shall be provided in the
same drainage basin as the permitted activity on property owned, secured, or controlled by
the applicant, or provided by the applicant using alternative mitigation options such as
mitigation banking or in-lieu fee programs. The mitigation should result in no net loss to
the critical area functions impacted and associated watershed. Where mitigation is
authorized to be located outside the city limits, the applicant shall assure to the satisfaction
of the director that other requirements of this chapter will be met, including but not limited
to, monitoring and maintenance.
2. In-kind mitigation shall be provided except when the applicant demonstrates, and the
director concurs, that greater functional and habitat value can be achieved through out-of-
kind mitigation. All off-site mitigation must provide equivalent or greater ecological
functions and be consistent with the provisions of this chapter. Where mitigation is located
outside the city limits, the applicant shall demonstrate to the satisfaction of the director
that long-term protection, maintenance, and monitoring requirements of ACC 16.10.110
and ACC 16.10.130 will be met
3. When wetland, stream or habitat mitigation is permitted by these regulations, the
mitigation project shall occur near an adequate water supply (river, stream, groundwater)
with a hydrologic connection to the critical area to ensure a successful mitigation or
restoration. A natural hydrologic connection is preferential as compared to one which
relies upon manmade or constructed features requiring routine maintenance. In-kind
mitigation shall be provided unless the applicant demonstrates, and the director concurs,
that on-site mitigation is not feasible and out-of-kind mitigation will result in equal or
greater ecological or habitat function. Out-of-kind mitigation may be approved only where
it provides equal or greater beneflts to critical area functions.
4. Any mitigation plan shall be completed before initiation of other permitted activities,
unless a phased or concurrent schedule that assures completion prior to occupancy has
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been approved by the department. Mitigation for wetlands, streams, and habitat
conservation areas shall occur in a location that has a sufficient and reliable water source,
including surface water or groundwater, with a hydrologic connection to the impacted
critical area. Preference shall be given to locations with natural hydrologic connections over
those that rely on artiflcial or constructed systems requiring regular maintenance.
5. Timing of Compensatory Mitigation. It is preferred that compensatory mitigation projects
be completed prior to activities that will impact wetlands. At the least, compensatory
mitigation shall be completed immediately following wetland impacts and prior to use or
occupancy of the action or development. Construction of mitigation projects shall be timed
to reduce impacts to existing flsheries, wildlife, and fiora.
6. The applicant shall provide documentation demonstrating that the chosen mitigation
location and schedule will achieve no net loss of ecological functions and values and that
the mitigation site will be protected in perpetuity consistent with ACC 16.10.130.
C. Wetland and Buffer Replacement Ratios.
1. Where wetland alterations are permitted by the director, the applicant shall enhance or
create areas of wetlands in order to compensate for wetland losses. The compensation
shall be determined according to acreage, function, type, location, timing factors and
projected success of enhancement or creation. Wetland compensatory mitigation ratios
shall account for the wetland category, the proposed impact area and functions, the quality
and functions of the mitigation site, location factors, and timing of mitigation. To protect
functions and values more fully, and as an alternative to the mitigation ratios found in
Section ACC 16.10.110(C)(2) of this Chapter, the director may allow mitigation based on the
Credit-Debit Method developed by the Department of Ecology in Calculating Credits and
Debits for Compensatory Mitigation in Wetlands of [Western Washington (Ecology
Publication # 10-06-011), see ACC 16.10.110(D) for information on credits from an
approved in-lieu fee program.
2. The following acreage replacement and enhancement ratios shall be implemented;
however, the department may vary these standards if the applicant can demonstrate and
the director agrees that the variation will provide adequate compensation for lost wetland
area, functions and values, or if other circumstances as determined by the director justify
the variation. In no case shall the amount of mitigation be less than the area of affected
wetland. The director may at his discretion increase these standards where mitigation is to
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occur off-site or in other appropriate circumstances. The following acreage replacement
ratios shall be used when impacts to wetlands are permitted. These ratios are based on the
category of the wetland and the type of mitigation proposed. Ratios apply to permanent,
direct impacts to wetlands.
3. Category IV wetlands can be mitigated by either: (a) meeting one of the replacement
ratios listed in the following table; or (b) fllled and mitigated consistent with ACC
16.10.100(A)(3)(d).
Category and Type
of WetlandCategory
of impacted wetland
(based on score for
function)
Creation or
Reestablishment Rehabilitation Preservation* Enhancement
Category I: Bog,
Natural Heritage Site
Not considered
possible
Case by case Case by case
Category I: Mature
Forested
6:1 12:1 24:1
Category I: Based on
Functions
4:1 8:1 16:1 16:1
Category II 3:1 6:1 12:1 12:1
Category III 2:1 4:1 8:1 8:1
Category IV 1.5:1 3:1 6:1 6:1
*Preservation ratios apply only when used in combination with reestablishment or creation at
no less than a 1:1 ratio.
3. Category IV wetlands may be mitigated either by using the replacement ratios
identifled in subsection (2) or, when permitted by state and federal regulatory agencies,
through authorized flll and compensatory mitigation.
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4. Buffer Mitigation Ratios. Impacts to buffers shall be mitigated at a minimum 1:1 ratio.
Compensatory buffer mitigation shall replace those buffer functions lost from
development.
D. In-Lieu Fee (ILF) Mitigation: Credits from an approved in-lieu fee program may be used when
all the following apply:
1. The director determines that it would provide appropriate compensation for the
proposed impacts and on-site mitigation is infeasible.
2. The proposed use of credits is consistent with the terms and conditions of the
approved ILF program instrument.
3. Projects using ILF credits shall have debits associated with the proposed impacts
calculated by the applicant’s qualifled wetland professional using the credit assessment
method specifled in the approved instrument for the ILF program.
4. The impacts are located within the service area specifled in the approved ILF
instrument.
ED. Long-term protection of regulated wetlands, streams, flsh and wildlife habitat conservation
areas, geologically hazardous areas, aquifer recharge areas, and any associated buffer(s) shall
be provided by one of the following methods:
1. For subdivisions, short subdivisions, and binding site plans, the critical area and its
buffer shall be protected long-term by one of the following measures in the following order
of preference:
a. The critical area and its buffer shall be placed in a separate tract on which
development is prohibited and a note shown on the face of the plat indicating that the
homeowners or homeowners’ association is responsible for maintenance of the tract.
If the city agrees to accept dedication of the tract, a city-approved note shall be shown
on the face of the plat indicating that the city is responsible for long-term ownership
and maintenance of the tract and there shall be adequate provisions for city access to
the tract from a public street, as approved by the director.
b. The critical area and its buffer shall be protected by execution of an easement
dedicated to the city, a conservation organization or land trust, or similarly preserved
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through a permanent protective mechanism acceptable to the city. Access to the
easement must be assured from the public street.
2. For all other developments, the critical area and its buffer shall be protected by
execution of an easement dedicated to the city, a conservation organization, or land trust or
similarly preserved through a permanent protective mechanism acceptable to the city. The
legal description, depicted location, limitations associated with the critical area and its buffer,
and access from the public street shall be included within the easement document. The
easement provisions shall be reviewed and acceptable to the city prior to recording with the
King County recorder or Pierce County auditor. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 6476 § 1, 2013; Ord.
5894 § 1, 2005.)
3. For any critical area mitigation site required by this chapter, long-term protection shall be
provided using one of the protective mechanisms described in subsections (E)(1) or (E)(2) of this
section and recorded prior to final plat approval or issuance of any occupancy permit.
F. Mitigation Plan Requirements. All required mitigation plans shall meet the requirements of
RCW 90.74.020. When a project involves wetland, streams, and/or buffer impacts, a mitigation
plan prepared by a qualified wetland professional shall be required, meeting the following
minimum standards:
1. The report shall include a written plan and plan sheets that contain, at a
minimum, the elements listed below. Full guidance can be found in Wetland Mitigation in
Washington State–Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication #06-06-
011b, or as revised).
a. The written report shall be prepared by a qualified wetland professional and contain,
at a minimum:
i. The name and contact information of the applicant; the name, qualifications,
and contact information of the primary author(s) of the compensatory mitigation
plan; a description of the development proposal; a summary of the impacts and
proposed compensation concept; identification of all the local, state, and federal
wetland-related permits required for the project; and a vicinity map for the
project.
ii. Description of how the development project has been designed to avoid,
minimize, or reduce adverse impacts to wetlands.
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iii. Description of the existing wetland and buffer areas proposed to be altered.
Include acreage or square footage, water regime, vegetation, soils, functions,
landscape position, and surrounding land uses. Also describe impacts in terms of
acreage by Cowardin classification, hydrogeomorphic classification, and wetland
rating.
iv. Description of the compensatory mitigation site, including location and
rationale for selection. Include an assessment of existing conditions, including
acreage or square footage of wetlands and uplands, water regime, sources of
water, vegetation, soils, functions, landscape position, and surrounding land
uses. Estimate future conditions in this location if the compensation actions are
not undertaken.
v. Surface and subsurface hydrologic conditions, including an analysis of existing
and proposed hydrologic regimes for enhanced, established, or restored
compensatory mitigation areas. Include illustrations of how data for existing
hydrologic conditions were used to determine the estimates of future hydrologic
conditions.
vi. A description of the proposed actions for compensation of wetland and buffer
areas affected by the project. Include overall goals of the proposed mitigation,
including a description of the targeted functions, hydrogeomorphic classification,
and expected categories of wetlands.
vii. A description of the proposed mitigation construction, activities and timing of
activities and where appropriate as determined by the director a description and
documentation of the as-built conditions.
viii. Performance standards (measurable standards for years post-installation)
for wetland and buffer areas, a monitoring schedule, a maintenance schedule,
and actions proposed by year.
ix. A discussion of ongoing management practices that will protect wetlands
after the development project has been implemented, including proposed
monitoring and maintenance programs (for remaining wetlands and
compensatory mitigation wetlands).
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x. A bond estimate for the entire compensatory mitigation project, including the
following elements: site preparation, plant materials, construction materials,
installation and oversight, maintenance at least twice per year for up to ten
years, annual monitoring field work and reporting, contingency actions for a
maximum of the total required number of years for monitoring, and removal of
all non-natural site implements (e.g., irrigation equipment, construction fencing,
plant protectors, weed barrier fabric) by the end of the monitoring period.
xi. Proof of establishment of Notice on Title for the remaining wetlands and
buffers on the development project site (if any) and a legal site protection
mechanism for the compensatory mitigation areas.
b. The scaled plan sheets shall contain, at a minimum:
i. Mapped, ground-verified edges of the existing wetland and buffers, proposed
areas of wetland and/or buffer impacts, and location of proposed wetland
and/or buffer compensation actions.
ii. Existing topography, ground-verified, at two-foot contour intervals in the zone
of the proposed compensation actions if any grading activity is proposed in the
compensation area(s). Also include existing cross-sections (estimated one-foot
intervals) of wetland areas on the development site that are proposed to be
altered and of the proposed areas of wetland and buffer compensation.
iii. Conditions expected from the proposed actions on site, including future
hydrogeomorphic classes, vegetation community types (e.g., Cowardin class),
and future hydroperiods.
iv. Required wetland buffers for existing wetlands and proposed compensation
areas. Also identify any zones where buffers are proposed to be reduced or
enlarged outside of the standards identified in this Chapter.
v. A planting plan for the compensation area, including all species by proposed
community type and hydroperiod, size and type of plant material to be installed,
spacing of plants, typical clustering patterns, total number of each species by
community type, and timing of installation.
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16.10.120 Performance standards for mitigation planning.
The performance standards in this section shall be incorporated into mitigation plans
submitted to the city for impacts to critical areas.
A. Wetlands and Streams.
1. Use plants native to the Puget Lowlands or Paciflc Northwest ecoregion; non-native,
introduced plants or plants listed by the Washington State Department of Agriculture as
noxious weeds (Chapter 16-750 WAC) shall not be used;
2. Use plants adapted to and appropriate for the proposed habitats and consider the
ecological conditions known or expected to be present on the site. For example, plants
assigned a facultative wetland (FACW) wetland indicator status should be used for sites
with soils that are inundated or saturated for long periods during the growing season. Use
nearby reference wetlands or aerial photos to identify plants suitable to the site conditions
and hydrologic regimes planned for the mitigation site. Avoid planting signiflcant areas of
the site with species that have questionable potential for successful establishment, such as
species with a narrow range of habitat tolerances;
3. Utilize plant species’ heterogeneity and structural diversity that emulates native plant
communities described in “Natural Vegetation of Oregon and Washington” (Franklin, J.F.
and C.T. Dyrness, 1988) or other regionally recognized publications on native landscapes;
4. Specify plants that are commercially available from native-plant nurseries or available
from local sources. If collecting some or all native plants from donor sites, collect in
accordance with ecologically accepted methods, such as those described in the
“Washington Native Plant Society’s Policy on Collection and Sale of Native Plants,” that do
not jeopardize the survival or integrity of donor plant populations;
5. Use perennial plants in preference to annual species; the use of annual species should
be limited to a temporary basis in order to provide erosion control, support the
establishment of perennial plants, or if mitigation monitoring determines that native plants
are not naturally colonizing the site or if species diversity is unacceptably low compared to
approved performance standards;
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6. Use plant species high in food and cover value for native flsh and wildlife species that
are known or likely to use the mitigation site (according to reference wetlands, published
information, and professional judgment);
7. Install a temporary irrigation system and specify an irrigation schedule and responsible
party to maintain unless a sufficient naturally occurring source of water is demonstrated.
Temporary irrigation facilities shall be removed after the time specifled by the qualifled
professionalconsultant;
8. Identify methods of soil preparation. For stream substrate or wetland soils, at least one
foot of clean inorganic and/or organic materials, such as cobble, gravel, sand, silt, clay,
muck, soil, or peat, as appropriate, shall be ensured. The stream substrate or wetland soils
shall be free from solid, dangerous, or hazardous substance as deflned by Chapter 70.105
RCW and implementing rules;
9. Conflne temporary stockpiling of soils to upland areas. Identify construction access
routes and measures to avoid resultant soil compaction. Unless otherwise approved by the
director, comply with all applicable best management practices for clearing, grading, and
erosion control to protect any nearby surface waters from sediment and turbidity;
10. Show densities and placement of plants; these should be based on the ecological
tolerances of species proposed for planting, as determined by a qualifled
professionalconsultant;
11. Provide sufficient speciflcations and instructions to ensure proper placement and
spacing of seeds, tubers, bulbs, rhizomes, springs, plugs and transplanted stock, and other
habitat features, and to provide a high probability of success, and to reduce the likelihood
of prolonged losses of wetland functions from proposed development;
12. Do not rely on fertilizers and herbicides to promote establishment of plantings; if
fertilizers are used, they must be applied per manufacturer speciflcations to planting holes
in organic or controlled release forms, and never broadcast on the ground surface; if
herbicides are used to control invasive species or noxious weeds and to help achieve
performance standards, only those approved for use in aquatic ecosystems by the
Washington Department of Ecology shall be used; herbicides shall only be used in
conformance with all applicable laws and regulations and be applied per manufacturer
speciflcations by an applicator licensed in the state of Washington; and
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13. Include the applicant’s mitigation plan consultant in the construction process to
ensure the approved mitigation plan is completed as designed. At a minimum, the
consultant’s participation will include site visits to inspect completed rough and flnal
grading, installation of in-water or other habitat structures, and to verify the quality and
quantity of native plant materials before and after installation;
14. Signs and Fencing of Wetlands and Streams Critical Areas.
a. Temporary Markers. The outer perimeter of the critical area or buffer and the limits
of those areas to be disturbed pursuant to an approved permit or authorization shall
be marked in the fleld in such a way as to ensure that no unauthorized intrusion will
occur, and verifled by the department prior to the commencement of authorized
activities. This temporary marking shall be maintained throughout construction, and
shall not be removed until permanent signs, if required, are in place.
b. Permanent Signs. As a condition of any permit or authorization issued pursuant to
this chapter, the department may require the applicant to install permanent signs
along the boundary of a critical area or buffer. Permanent signs shall be made of metal
face and attached to a metal post, flrmed anchored, or other materials of equal
durability approved by the director. Signs must be posted at an interval of one per lot
or every 50 feet, whichever is less, and must be maintained by the property owner in
perpetuity. The sign shall be worded as follows or with alternative language approved
by the director:
Sensitive Area Boundary
“Help protect and care for this area. Trampling or cutting vegetation, placing flll or garbage,
and any other activities that may disturb the sensitive area are prohibited, as regulated
under Auburn City Code Chapter 16.10.
Please contact city of Auburn at 253-931-3090 with questions or concerns.”
c. Fencing.
i. The director shall condition any permit or authorization issued pursuant to this
chapter to require the application to install a permanent fence at the edge of the
critical area or buffer, when fencing will prevent future impacts on the critical area.
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ii. The applicant shall be required to install a permanent fence around the critical
area or buffer when domestic grazing animals are present or may be introduced
on site.
iii. Fencing installed as part of a proposed activity or as required in this subsection
shall be designed so as to not interfere with species migration, including flsh runs,
and shall be constructed in a manner that minimizes habitat impacts.
iv. Fencing shall include a permanent natural wood split-rail fence, such as cedar
or other non-pressure-treated wood, with fence posts set in concrete footings, or
similar, as approved by the director.
B. Wetlands. Do not exceed a maximum water depth of 6.6 feet (two meters) at mean low
water unless approved as part of a planned interspersion of wetland vegetation classes and
deep-water habitats.
1. Do not exceed a slope of 25 percent (4H:1V) in the wetland unless it can be clearly
demonstrated by supporting documentation that wetland hydrology and hydric soils
capable of supporting hydrophytic (wetland) vegetation will be created on steeper slopes;
2. Do not exceed a slope of 25 percent (4H:1V) in the wetland buffer; and
3. Limit deep-water habitat (greater than 6.6 feet at mean low water) in compensatory
wetland to no more than 60 percent of the total area, and approach this limit only when
deep-water habitat is highly interspersed with wetland vegetation classes, including aquatic
bed, emergent, scrub-shrub, and forested.
C. Fish and Wildlife Habitat Conservation Areas.
1. Incorporate relevant performance standards from subsections A and B of this section,
as determined by the director;
2. Include the following additional mitigation measures in mitigation planning:
a. Locate buildings and structures in a manner that minimizes adverse impacts on
critical habitats used by threatened or endangered species and identifled by the
Washington State Department of Fish and Wildlife, NOAA Fisheries, and U.S. Fish and
Wildlife Service;
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b. Integrate retained habitat into open space and landscaping;
bc. Wherever possible, consolidate critical habitats into larger, unfragmented,
contiguous blocks;
cd. Use native plant species for landscaping of disturbed or undeveloped areas and in
any habitat enhancement or restoration activities;
de. Create habitat heterogeneity and structural diversity that emulates native plant
communities described in Natural Vegetation of Oregon and Washington (Franklin, J.F.
and C.T. Dyrness, 1988) or other regionally recognized publications on native
landscapes;
ef. Remove and/or control any noxious weeds or exotic animals which are
problematic to the critical habitat area as determined by the director or consultant
hired by the city to review the mitigation plan; and
fg. Preserve signiflcant or existing native trees, preferably in stands or groups,
consistent with achieving the goals and standards of this chapter; the plan shall refiect
the report prepared pursuant to ACC 16.10.070.
D. Geologically Hazardous Areas.
1. Incorporate relevant performance standards from the preceding subsections, as
determined by the director;
2. The following additional performance standards shall be refiected in proposals within
geologically hazardous areas:
a. A geotechnical report shall be prepared to identify and evaluate potential hazards
and to formulate mitigation measures;
b. Construction methods will not adversely affect geologic hazards or will reduce
adverse impacts on geologic hazards;
c. Site planning shall minimize disruption of existing topography and natural
vegetation;
d. Impervious surface coverage shall be minimized;
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e. Disturbed areas shall be replanted with permanent vegetation as soon as feasible
pursuant to a mitigation or landscape plan;
f. Clearing and grading shall be limited to between April 1st and October 31st unless
the geotechnical report speciflcally addresses measures necessary to perform clearing
and grading during other portions of the year;
g. The limited use of retaining walls that minimize disturbance or alteration of existing
natural slope areas is preferred over graded slopes;
h. Temporary erosion and sedimentation controls, pursuant to an approved plan,
shall be implemented during construction;
i. A drainage plan shall be prepared for large projects as required by the city engineer;
j. Development shall not increase instability or create a hazard to the site or adjacent
properties, or result in a signiflcant increase in sedimentation or erosion.
E. Aquifer Recharge Areas. Protective measures are required of all development except an
individual single-family or two-family (duplex) dwelling unit. Development applications shall
include the following minimum measures and incorporate the appropriate responses:
1. Type I Aquifer Recharge Areas.
a. Indicate how hazardous substances shall be stored and used such that any
unauthorized release or discharge of the hazardous substances is prevented.
b. Specify that pesticides, herbicides, and fertilizers shall be applied in strict
conformance with manufacturer’s instructions and by persons licensed to perform
such applications, if applicable.
c. Document hazardous substances management procedures, including, but not
limited to, operations plans, drawings and as-built diagrams, emergency response and
spill cleanup plans, and employee training documentation. This information can be
provided in the form of copies of permits or other documentation required by other
authorities.
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d. Indicate that any flll material shall be documented to be free of contaminants that
exceed Method A and Method B soil cleanup standards specifled in Chapter 173-340
WAC prior to placement on the ground, if applicable.
e. Specify that any contaminant release reported to the Washington State Department
of Ecology (Ecology) per Chapter 173-340 WAC shall also be reported to the city of
Auburn public works department concurrent with notiflcation of Ecology.
f. Include a provision that the implementation of the protective measures will be
maintained during the life of the project. Updates shall occur whenever there is a
change in use or business occupancy or when there are signiflcant changes in facility
operations or hazardous substances management. A copy of the plan is to be available
for review by city inspectors at the business or businesses within the development. The
plan should cover the facility site in general as well as have a section(s) speciflc to any
tenants within the development.
2. Type II Aquifer Recharge Areas. Property owners shall implement best management
practices for water resource protection. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 5894 § 1, 2005.)
16.10.130 Monitoring program and contingency plan.
A. For all actions requiring a mitigation plan, a monitoring program shall be prepared and
implemented by the applicant to evaluate the success of the mitigation project and to
determine necessary corrective actions. This program shall determine if the original goals and
objectives are being met. The monitoring program shall be reviewed and approved by the city
prior to implementation. The monitoring program shall include a contingency plan in the event
that implementation of the mitigation plan is inadequate or fails.
B. A performance and maintenance security is required to ensure the applicant’s compliance
with the terms of the approved mitigation plan. The amount of the performance security shall
equal 125 percent of the cost of the mitigation project for to be provided prior to construction
commencing and for the length of the monitoring period after construction is complete; the
director may agree to reduce the security in proportion to work successfully completed over
the period of the security.
C. Incorporate the following into monitoring programs prepared to comply with this chapter:
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1. Appropriate, accepted, and unbiased qualitative or precise and accurate quantitative
sampling methods to evaluate the success or failure of the project compared to
performance standards approved by the city;
2. Quantitative sampling methods that include permanent photopoints installed at the
completion of construction and maintained throughout the monitoring period and shall
also include permanent transects, sampling points (e.g., quadrants or water quality or
quantity monitoring stations), and wildlife monitoring stations;
3. Clearly stipulated qualitative and quantitative sampling methods that are approved by
the city before implementation by the project proponent;
4. Appropriate qualitative and/or quantitative performance standards that will be used to
measure the success or failure of the mitigation. For wetlands, streams and habitat areas
these will include, at a minimum, standards for plant survival and diversity, including
structural diversity, the extent of wetland hydrology, hydric soils, and habitat types and
requirements as appropriate; all proposed standards are subject to review and approval by
the city or the professional consultant selected by the city to review the mitigation
monitoring plan. The qualitative and/or quantitative performance standards shall generally
address the following subject areas:
a. Requirements for survival of plantings;
b. Requirements for plant density or percentage cover by plants;
c. Requirements for plant diversity (species composition diversity, structural
diversity – tree, shrub, and groundcover layers, deciduous and evergreen, etc.);
d. Requirements that are staged over time so that different performance
standards must be met as the mitigation area matures;
e. Measures to verify that the type and amount of functional areas that are part of the
mitigation plan are successfully established (e.g., identify steps that will be
implemented to conflrm that the amount and type of created wetland meets the
criteria of a wetland);
f. Requirements speciflcally limiting occurrence of exotic and nuisance plant species;
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g. Requirements for ongoing preservation and protection measures such as
continued existence in good condition of fencing and critical area signage. Also,
avoidance of disturbance, trampling and the accumulation of litter or debris within the
critical area and its buffer.
5. Monitoring programs for a minimum period of flve years for buffer enhancement and
other types of mitigation programs that include, at a minimum, preparation of an as-built
plan upon completion of construction; biannual monitoring and preparation of annual
monitoring reports following implementation; and a maintenance plan. More stringent
monitoring requirements or longer monitoring periods may be required on a case-by-case
basis for more complex mitigation plans (e.g., ten10 years or more when forested or scrub-
shrub wetlands are the intended result);
6. Monitoring reports shall be submitted to the director by December 1st of the year in
which monitoring is conducted. The reports are to be prepared by a qualifled
professionalconsultant and must contain all qualitative and quantitative monitoring data,
photographs, and an evaluation of each of the applicable performance standards. If
performance standards are not being met, appropriate corrective or contingency measures
must be identifled and communicated to the director and upon concurrence, implemented
to ensure that performance standards will be met;
7. Provision for the extension of the monitoring period beyond the minimum time frame if
performance standards are not being met at the end of the initial flve-year period; and
provision for additional flnancial securities or bonding to ensure that any additional
monitoring and contingencies are completed to ensure the success of the mitigation. (Ord.
6733 § 3 (Exh. B), 2019; Ord. 5894 § 1, 2005.)
16.10.140 Procedural provisions.
A. Interpretation and Confiicts. The director shall have the authority to administer the provisions
of this chapter, to make determinations with regard to the applicability of the regulations, to
interpret the intent of unclear provisions, to require additional information, to determine the
level of detail and appropriate methodologies for critical area reports and studies, to prepare
application forms and informational materials as required, and to promulgate procedures and
rules for unique circumstances not anticipated within standards and procedures contained in
Page 185 of 451
Chapter 16.10 ACC, Critical Areas Page 67 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
this section. The director shall also determine whether critical area review is required based on
the presence or proximity of mapped critical areas or indicators on a project site.
Administrative interpretations may be appealed to the hearing examiner as prescribed in ACC
18.70.050.
B. Penalties and Enforcement. Compliance with these regulations and penalties for their
violation shall be enforced pursuant to the procedures set forth in Chapter 1.25 ACC.
C. Appeals of Critical Area Review Decisions. Appeals of critical area review decisions shall be
governed by the procedures set forth in ACC 18.70.050. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 5894 § 1,
2005.)
16.10.150 Reasonable use provision.
A. The standards and requirements of these regulations are not intended, and shall not be
construed or applied in a manner, to deny all reasonable use of private property. If an applicant
demonstrates to the satisfaction of the hearing examiner that strict application of these
standards would deny all reasonable economic use of a property, development may be
permitted subject to appropriate conditions.
B. Applications for a reasonable use exception shall be processed as a Type III decision,
pursuant to ACC 14.03.030 and Chapter 2.46 ACC.
C. An applicant for relief from strict application of these standards shall demonstrate that all of
the following criteria are met:
1. No reasonable use with less impact on the critical area and its buffer is possible.
There is no feasible and reasonable on-site alternative to the activities proposed,
considering possible changes in site layout, reductions in density, conflguration, and/or
building size, that would allow a reasonable and economically viable use with fewer
adverse impacts to critical areas and buffers. and similar factors, that would allow a
reasonable and economically viable use with fewer adverse impacts;
2. The proposed development activities, as conditioned, will result in the minimum
possible impacts to affected critical areas;
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Chapter 16.10 ACC, Critical Areas Page 68 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
3. All reasonable mitigation measures have been implemented or assured;
4. The proposal is consistent with the general purposes and intent of this chapter and the
public interest.
5The. The inability to derive reasonable use is not the result of the applicant’s actions or
that of a previous property owner, such as by segregating or dividing the property and
creating an undevelopable condition; and
65. The applicant shall demonstrate that the use would not cause a hazard to life, health
or property.
D. Any alteration of a critical area approved under this section shall be subject to appropriate
conditions and will require mitigation construction authorized by an approved mitigation plan.
Any authorization of a reasonable use exception shall be the minimum necessary to allow for
reasonable economic use of the property, and shall include conditions of approval and
mitigation as necessary to protect critical areas and their functions and values to the maximum
extent practicable.
E. The burden of proof shall be on the applicant to provide evidence in support of the
application and to provide sufficient information on which any decision has to be made.
F. Any alteration of a critical area approved under this section shall be subject to an approved
mitigation plan consistent with ACC 16.10.110 and 16.10.120.
GF. Approval of a reasonable use exception shall not eliminate the need for any other permit
or approval otherwise required for a proposal by applicable city codes.
HG. Except when application of this title would deny all reasonable use of a site, an applicant
who seeks an exception from the regulations of the title shall pursue a variance as provided in
ACC 16.10.160. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 6442 § 13, 2012; Ord. 5894 § 1, 2005.)
16.10.160 Variances.
Applications for variances to the strict application of the terms of this chapter to a property may
be submitted to the city. Minor variances, deflned as up to and including 10 percent of the
requirement, may be granted by the director as a Type II decision as deflned by Chapter 14.03
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Chapter 16.10 ACC, Critical Areas Page 69 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
ACC. Variance requests which exceed 10 percent may be granted by the hearing examiner as a
Type III decision, pursuant to ACC 14.03.030 and Chapter 2.46 ACC. Approval of variances from
the strict application of the critical area requirements shall conform to the following criteria:
A. There are unique physical conditions peculiar and inherent to the affected property which
make it difficult or infeasible to strictly comply with the provisions of this section;
B. The variance is the minimum necessary to accommodate the building footprint and access;
C. The proposed variance would preserve the functions and values of the critical area, and/or
the proposal does not create or increase a risk to the public health, safety and general welfare,
or to public or private property;
D. The proposed variance would not adversely affect surrounding properties adjoining;
E. Adverse impacts to critical areas resulting from the proposal are minimized; and
F. The special circumstances or conditions affecting the property are not a result of the actions
of the applicant or previous owner. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 6442 § 14, 2012; Ord. 5894 § 1,
2005.)
16.10.170 Special exception for public agencies and utilities.
A. If the application of this chapter would prohibit a development proposal by a public agency
or public utility, the agency or utility may apply for an exception pursuant to this section.
B. Exception Request and Review Process. An application for a public agency and utility exception
shall be made to the city and shall include a critical area identiflcation form; critical area report,
including mitigation plan, if necessary; and any other related project documents such as permit
applications to other agencies, special studies, and environmental documents prepared
pursuant to the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC).
The director shall prepare a recommendation to the hearing examiner based on review of the
submitted information, a site inspection, and the proposal’s ability to comply with public agency
and utility exception review criteria in subsection D of this section.
C. Hearing Examiner Review. The hearing examiner shall review the application and director’s
recommendation, and conduct a public hearing pursuant to the provisions of Chapter 2.46 ACC.
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Chapter 16.10 ACC, Critical Areas Page 70 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
The hearing examiner shall approve, approve with conditions, or deny the request based on the
proposal’s ability to comply with all of the public agency and utility exception criteria in
subsection D of this section.
D. Public Agency and Utility Review Criteria. The criteria for review and approval of public agency
and utility exceptions follow:
1. There is no other practical alternative to the proposed development with less impact on
critical areas;
2. The application of this chapter would unreasonably restrict the ability to provide utility
services to the public;
3. The proposal does not pose an unreasonable threat to the public health, safety, or
welfare on or off the development proposal site;
4. The proposal protects critical area functions and values to the extent feasible and
provides for mitigation in accordance with the provisions of this chapter; and
5. The proposal is consistent with other applicable regulations and standards.
E. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in
support of the application and to provide sufficient information on which any decision has to be
made on the application. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 6442 § 15, 2012; Ord. 5894 § 1, 2005.)
16.10.180 Severability.
If any provision of these regulations or its application to any person or circumstance is held
invalid by a court of competent jurisdiction, the remainder of these regulations or the
application to other persons or circumstances shall not be affected. (Ord. 6733 § 3 (Exh. B), 2019;
Ord. 5894 § 1, 2005.)
The Auburn City Code is current through Ordinance 6992, and legislation passed August
18, 2025.
Page 189 of 451
Chapter 16.10 ACC, Critical Areas Page 71 of 71
The Auburn City Code is current through Ordinance 6992, and legislation passed August 18, 2025.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should
contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Hosted by General Code.
Page 190 of 451
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 7014 (Krum) (25 Minutes)
An Ordinance relating to Battery Energy Storage Systems, amending
Sections 18.07.020, 18.23.030, 18.35.030, Chapter 18.29 and establishing
two new Sections 18.04.174 and 18.31.240 of the Auburn City Code
April 13, 2026
Department: Attachments: Budget Impact:
Community Development BESS Study Session
Presentation, BESS PC Memos
and Staff Report, Ord. No. 7014,
Exhibit A, Exhibit B, Exhibit C,
Exhibit D, Exhibit E, Exhibit F
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Battery Energy Storage Systems (BESS) are systems which store and release electrical energy
generated by the grid or on-site generation sources. These systems have increased in popularity in
our region due to evolving legislation and economic incentives for utilities and end users. In 2019,
Senate Bill (SB) 5116 established statutory milestones which require the State’s electrical supply to
be free of greenhouse gas emissions by 2045.
In 2021, Puget Sound Energy (PSE) published an Integrated Resource Plan which contains their
goals and policies over the next planning period for the agency. Of which Battery Energy Storage
Systems are identified as a central component to the Utility’s “Distributed Energy Resource” goals of
providing 3,222 MW of capacity by 2045. PSE also consulted with Power Systems Consultants to
perform a qualitative and quantitative analysis for siting of possible energy storage systems within the
PSE electrical system.
Based on permit records, development interests for what would be classified under the proposed
code as Tier I (residential-scale), Tier II (mid-scale) and Tier III (utility-scale) BESS facilities appear to
be driven by the policy goals and initiatives set by our regional electrical service provider. In 2024, a
private BESS facility developer, Plus Power, submitted a land use application for what would be
classified as a Tier III system under the proposed Code. This project site located near M St NW with
the project name “Christopher Energy BESS”.
Page 191 of 451
Through staff's review of the 2024 application, it became evident that the existing Code does not
clearly define BESS as a permitted or conditional use, nor does it establish siting, safety, or scale-
based standards.” As of 2026, other projects in feasibility have been studied through the pre-
application process, but none have initiated applications at this time.
Subsequently, the City instituted a moratorium on the application, processing, and issuance of
development permits until a policy framework was established. This moratorium was adopted by the
Auburn City Council on May 5, 2025 (under Ordinance No. 6978), extended on November 3, 2025
(under Ordinance No. 6995), and is set to expire on May 11, 2026, unless development regulations
are adopted or an extension is approved. If regulations are not adopted prior to expiration, the City
will lose its ability to regulate BESS siting under an interim control.
According to the Washington State Fire Marshal’s Office, the State Building Code Council of
Washington State (SBCC) has extended a previously approved emergency rule to allow fire code
officials to utilize the 2023 edition of National Fire Protection Association (NFPA) 855 for the
Installation of Energy Storage Systems. This emergency rule is supported by regulatory agencies and
the industry when it was first introduced in November of 2022 to the SBCC. The existing emergency
rule expired in May of 2023 and with the delay of the implementation of the 2021 Washington State
Codes it was necessary to create an extension.
An amended Chapter 12 of the 2021 International Fire Code (IFC) was also approved by the SBCC
for Off-Cycle Rule making. This Chapter is particularly relevant for the installation and maintenance of
batteries and energy storage systems (ESS). The proposed changes bring forward the latest Code
language from the 2024 IFC into the Washington State 2021 Fire Code.
The 2021 WA State Fire Code also has two new sections addressing Lithium-ion batteries and
powered mobility devices such as electric scooters and bikes. Section 322 Lithium-Ion and Lithium
Metal Batteries and section 323 Powered Micromobility Devices and Powered Industrial Trucks were
developed to help address the hazards associated with the use of lithium-ion batteries. The new
Code language is from the 2024 IFC (International Fire Code) and was brought forward early in
Washington State to assist in regulating this industry. The 2021 IBC amendments, including Chapter
12 of the IFC (2024), were adopted as law on March 15, 2024.
Staff held a roundtable discussion on October 2, 2025, with Labor Unions, the Valley Regional Fire
Authority, the Muckleshoot Indian Tribe, and Puget Sound Energy to better understand BESS
technology and its potential impacts.
The City has initiated the text amendment based on ACC 18.68.025(A)(1)(b) “change in text in
response in state and/or federal laws” as regulations pertaining to electrical storage systems (ESS)
which include BESS have greatly expanded with the adoption of the 2021 Building Code on March
15, 2024.
Staff presented and discussed the proposed text amendments with the Planning Commission on
December 2, 2025, January 6, 2026, February 3, 2026, and April 7, 2026, respectively. Staff memos
provided to the Planning Commission for the aforementioned meetings detail the purpose and scope
of the amendments to Title 18 “Zoning” ACC.
Page 192 of 451
Following the conclusion of the Public Hearing on April 7, 2026, and subsequent deliberations, the
Auburn Planning Commission, following a positive motion, made a recommendation to the Auburn
City Council on the approval of the proposed Battery Energy Storage System text amendments,
provided in Exhibits A through F.
Councilmember: Tracy Taylor Staff: Jason Krum
Page 193 of 451
AUBURN
VALUES
S E R V I C E
ENVIRONMENT
E C O N O M Y
C H A R A C T E R
SUSTAINABILITY
W E L L N E S S
C E L E B R AT I O N
STUDY SESSION
ENERGY STORAGE
SYSTEM CODE UPDATE
PRESENTED BY
GABRIEL CLARK, PLANNER II
APRIL 13, 2026
Department of Community Development
Planning Building Development Engineering Permit Center
Economic Development Code Enforcement
Page 194 of 451
Define tiers, separated by capacity
Determine appropriate zones
Determine appropriate land use approval pathways
Coordinate existing regulations with proposed
development standards
PURPOSE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 195 of 451
Washington Administrative Code (WAC) 51-54A- 1207
International Fire Code (IFC) Chapter 12
National Fire Protection Association (NFPA)
City of Auburn Engineering Design Standards
APPLICABLE REGULATIONS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 196 of 451
ACC 18.04.174 Definitions
ACC 18.07.020 Residential
Use Table
ACC 18.23.030 Commercial
and Industrial Use Table
Chapter 18.29 DUC
ACC 18.31.240
Supplemental Development
Standards
ACC 18.31.030 Special
Purpose Use Table
APPLICABLE SECTIONS IN CITY CODE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 197 of 451
Allowed as a Type I
decision
Stored energy capacity
limited to 100 kWh
Accessory to primary use
TIER I
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 198 of 451
Require an administrative
or conditional use land
approval
Energy capacity up to 4
MWh
Restricted to higher
intensity land uses
TIER II
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 199 of 451
Require a conditional land
use approval
Stored energy capacities in
excess of 4 MWh
Restricted to heavy
commercial and industrial
land uses
TIER III
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 200 of 451
R-FR-NMR-4 R-3R-2R-1RC
PPPPPPPTier I
XCCCXXXTier II
XXXXXXXTier III
ZONING CLASSIFICATION
RESIDENTIAL
Page 201 of 451
M-2M-1C-AGC-2C-1DUC
PPPPPPTier I
CAXCXCTier II
CCXCXXTier III
ZONING CLASSIFICATION
COMMERCIAL & INDUSTRIAL
Page 202 of 451
ZONING CLASSIFICATION
SPECIAL PURPOSE
OSIP-1
PPPTier I
XAATier II
XXXTier III
Page 203 of 451
Concerns over fire safety
Concerns over environmental precautions
Concerns regarding the permitted thresholds
PUBLIC COMMENTS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 204 of 451
Planning Commission recommends to City Council
approval of the Battery Energy Storage System text
amendments included as Exhibits A through F.
RECOMMENDATION
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 205 of 451
AUBURN
VALUES
S E R V I C E
ENVIRONMENT
E C O N O M Y
C H A R A C T E R
SUSTAINABILITY
W E L L N E S S
C E L E B R AT I O N
Department of Community Development
Planning Building Development Engineering Permit Center
Economic Development Code Enforcement
QUESTIONS?
Page 206 of 451
MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Bill Stewart, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Gabriel Clark, Planner II
Department of Community Development
DATE: November 18th, 2025
RE: City File No. ZOA24-0004 – City of Auburn Battery Energy Storage Code
I. INTRODUCTION AND BACKGROUND
Battery Energy Storage Systems also known as BESS are systems of rechargeable batteries that
help to moderate the demand for electricity on our grid. During peak usage or extreme weather
events, BESS can react quickly, providing additional electricity. In extreme cases BESS protect
sensitive equipment such as transformers, transmission lines, switches and other infrastructure
from overload preventing blackouts or long-term service outages.
BESS are found in a variety of applications and are scalable based on the need. On the smaller
scale, they can be installed at a private residence, constructed at a wastewater treatment plant
or a hospital, to a stand-alone storage facility in a larger scale application.
In response to industry interest in developing these facilities within the City, staff proposes to
revise Title 18 “Zoning” to reflect the specific uses of these facilities. The revisions include
identifying which zones would be best suited for the size threshold and appliable land use
intensities. King County Ordinance (Attachment 2) for example, identifies 2 Megawatts (MW) as
the transition point between what is considered accessory use as seen in figure 1 to commercial
applications seen in figures 2 and 3.
Figure 1 Residential BESS Figure 2 Commercial BESS
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ZOA24-0004
Page 2 of 18
Figure 3 Commercial BESS
To fully understand how BESS interacts with the grid, the diagram on the following page depicts
an outline of the energy grid in a simplified manner. Within the grid are four elements (1)
generation, (2) transmission, (3) distribution, and (4) consumption that needs to be defined.
(1) Generation occurs at established power generation facilities such as wind and solar
stations located east of the Cascades and as far as Stillwater County, Montana.
(2) The electricity generated needs to travel from its source, to the location of demand. This
can be over many hundreds of miles and requires high voltage transmission lines.
(3) When the high voltage electricity enters the region of demand (Auburn) it needs to be
brought down to save levels for distribution.
(4) Consumers, both residential and commercial demand the electricity and demand can
shift rapidly given the environmental conditions.
Figure 4 Diagram of a Simplified Grid for full context
see attachment 14
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ZOA24-0004
Page 3 of 18
In 2019 and forward, the Washington State Legislature passed a series of laws affirming the
region’s commitment to climate resiliency and reduction in carbon emissions.
• The Clean Energy Transformation Act (SB 5116, 2019) - defines specific milestones
which require the State’s electricity supply to be free of greenhouse gas emissions by
2045. (Attachment 3)
• The Climate Commitment Act (SB 5126, 2021) - established the cap-and-invest
program, a market-based system that cost-effectively limits and lowers climate pollution
and generates revenue for climate and air quality projects. (Attachment 4)
As a result, enormous pressure is building for the region’s utility providers and local jurisdictions
to work together to become free of greenhouse gas emissions by the mid-century. Puget Sound
Energy (PSE) produced its first Integrated Resource plan (IRP) (Attachment 5) which identifies the
regional needs, its shortcomings, and sectors of energy production to reduce impacts on its
customers while reducing total carbon emissions.
The IRP identifies the trajectory of investments into cleaner natural gas, battery storage systems
and renewable energy sources.
Changes in the wholesale electricity market within the Western Interconnect (WI) means the
region is tightening supply as customers require power from clean energy sources. This includes
governments, industries, and customers. “Since 2016 nearly 15,000 MW of clean energy
resources, namely intermittent wind and solar, and 500 MW of batteries have been added to the
WI. At the same time, 12,000 MW of traditional dispatchable coal and natural gas resources have
been retired or mothballed.”
As a result of a tightening
supply, volatility has also
increased. On average,
wholesale energy prices
remain low in the Pacific
Northwest. However, spikes in
energy prices are becoming
more frequent. “Notable
events include the summer of
2018, when high regional
temperatures coincided with
forecasted outages at Figure 5 Transmission Interconnections in the United States
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ZOA24-0004
Page 4 of 18
Colstrip, and March 2019, when regional cold temperatures coincided with reduced Westcoast
Pipeline and Jackson Prairie storage availability. Most recently, in August 2020, a west-wide
heatwave cased many entities in the region to ta a range of actions from energy alerts to rolling
blackouts. To combat the future energy needs as the region transitions to clean energy sources,
PSE has identified six elements in the preferred energy portfolio. More information on these
elements can be found in the IRP.
(1) Accelerated Acquisition of Energy Conservation
(2) Increased Demand Response
(3) Integration of Distributed Energy Resources (BESS)
(4) Significant Investments in Renewable Resources
(5) Additional Need for Flexible Capacity
(6) Firm Resource Adequacy Qualifying Capacity Contracts.
The table on the following page shows a summary of the forecasted need for additional electrical
sources in the preferred portfolio. The capacity if resource additions is measured in terms of peak
hourly capacity over a planning horizon of 24 years. The preferred portfolio illustrates a diverse
mix of demand and supply side resources that meet the project capacity needs of the region.
Resource additions are added incrementally across three planning periods; 2022-2025, 2026-
2031, and 2032-2045.
Demand-side resources which includes a broad energy efficiency program and implementation
which may free 1,757 MW of energy that may have otherwise been wasted. This may include
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ZOA24-0004
Page 5 of 18
local and state policies on energy efficiency. Solar readiness and photovoltaic systems installed
on customer’s roofs or properties account for a planned 680 MW of total capacity resources.
BESS also makes 14% of the total capacity resource additions in the distributed resource
application and is significantly more responsive to changing demands than the development of a
large-scale generating station.
The Economic Development Element of the Comprehensive Plan (Attachment 6) describes
Auburn as a proud blue-collar community; leading in manufacturing employment since the
construction of the freight terminus for the Trans-Continental Railroad in the early 20th Century.
This momentum has not shifted as our community strength and core values continue to be
reflected in our land use practices, and economic development achievements. Our residents are
highly educated and experienced in manufacturing, construction, and wholesale trade and
deserve to continue to be supported by policies that promote the rapidly changing construction
and manufacturing industry. Figure 7 depicts the top industries by sector within the City.
As a result of regional manufacturing and other industries, Auburn’s median household income in
2021 was $79,415. The high concentration of the well-paying jobs in the City reflects a job to unit
of housing ratio at 1.48 which means the region benefits from the City’s continued evolution as a
manufacturing center for the Puget Sound. As this relates to affordability, the City recognizes the
need for attainable housing and has implemented land use and zoning changes to increase the
capacity of housing throughout the City (Attachment 7 – Housing Needs and Availability
Assessment).
In harmony with the existing conditions identified by the IRP, and market pressures for
development of Commercial BESS facilities (Attachment 15), the City does recognize the need to
update its Zoning Ordinance. Title 18 “Zoning” does not have a clear path forward for private
developers or utilities to develop these facilities within the City. The Department of Community
Figure 6 Electric Preferred Portfolio
Figure 7 Top Industry Sectors in Auburn (2002-2020)
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Page 6 of 18
Development is working to develop additional land use policies to guide the siting, construction,
and operation of these facilities.
As a result, staff requested City Council of the City of Auburn to pass a 6-month development
moratorium on the acceptance, processing, and approval of BESS until proper development
standards are implemented. (See attachment 8)
As staff continued to research the development of the code, it became understood that
discussion with industry leaders was essential to understand the implications of developing or
prohibiting BESS.
In October of 2025, staff organized a roundtable meeting with industry leaders to discuss the
future of BESS in our community. A copy of the notes generated from the meeting has been
provided to you as Attachment 10. To summarize the discussion:
(1) Labor unions representing construction trades were supportive of the City to continue to
research these facilities as they provide expert technical training and experience.
(2) PSE provided information on the need for cities and counties to permit BESS near areas
near existing infrastructure and expressed the deep need for grid stabilization that BESS
can create.
(3) The Muckleshoot Tribe of Indians expressed their desire for microgrids and also shared
concerns of potential environmental impacts related to fires and construction.
(4) Valley Regional Fire Authority also expressed concerns with fire hazards and clarified of
new state requirements in the International Fire Codes (IFC) Chapter 1207 and National
Fire Protection Association (NFPA) Chapter 855.
Staff requested council to consider a six-month extension to the moratorium. Which is set to
expire at the beginning of May 2026. (See attachment 9)
Staff conducted a survey which included 101 community development offices throughout the
State. The survey resulted in 10 responses, and 13 separate conversations on how each of the
jurisdictions regulate BESS. The data collected shows BESS, when permitted are subject to a
variety of land use approvals. These approvals include Type II and Type III processes and are
typically applied to commercial and industrial land use designations, though there are several
exceptions. (Attachment 11)
The applicable zoning classification for BESS varied between Cities and Counties. Counties that
permitted BESS did so broadly and allowed BESS to be installed alongside solar generation
facilities in rural areas for example. In cities like Sumner, Puyallup, Mountlake Terrace additional
land use approvals are required and mainly concentrate in the commercial and industrial zones of
the City.
Another trend that was observed in the data was the definition of BESS. Some jurisdictions allow
BESS to be included within “Substation or other Public Utility”, and other jurisdictions define
BESS separately. While the code and its applications are unique to the jurisdiction that utilizes it,
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ZOA24-0004
Page 7 of 18
the City of Auburn intends to define BESS as a separate land use activity. The separate definition
would direct these infrastructure investments in areas of the City that have existing supportive
infrastructure and space where the potential visual, noise, and potential environmental impacts
are consistent with existing land use designations.
Title 18 “Zoning,” divides the City into zones where the location, height, and use of buildings, the
use of land, the size of setback areas, and other open space, and the provision of off-street
parking and loading are regulated and restricted in accordance with the Comprehensive Plan for
the City. These zones and regulations are deemed necessary and are made with reasonable
consideration, among other things, as to the character of each zone and its particular suitability
for specific uses (such as BESS), the need for such uses, the common rights and interests of all
within the zone as well as those of the general public, and with the view of conserving and
encouraging the most appropriate use of land throughout the City and to prevent and abate public
nuisances.
While staff recognizes the opportunities and investment BESS may bring, the City wants to
ensure development is orderly and reflects the intent of the Zoning Ordinance. The purpose of the
Zoning Ordinance is outlined in Section 18.02.030; BESS is described and how it meets or does
not meet the purpose of Title 18.
Purpose Statement Conformance with Title 18
Provide adequate public
facilities and services,
including utilities, roads,
schools, and parks in
conjunction with
development;
BESS provides emergency back-up generation during periods of
black-outs or power outages allowing public facilities and
services to continue to operate. This includes services such as
City administration, hospital operation, Fire Department
Administration, or regional load shedding.
In conjunction with residential development, BESS may pose
development challenges. Depending on the proposal, BESS
can occupy areas that would otherwise be used for residential
purposes.
To ensure BESS is able to meet the provisions of this title,
additional land use review is required for specific zones. A table
on page 8 of the report outlines the basic information pertaining
on project review types ensuring compatibility with the spirit
and intent of each zoning classification.
Provide housing with
essential light, air, privacy,
and open space;
The zones in which permitted BESS will have specific
regulations developed to ensure the provided housing
continues to support light, air, privacy and open space. The
measures include setbacks, screening, and additional
landscape requirement.
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Facilitate safe and efficient
movement of traffic on the
City’s streets
Throughout the City of Auburn, many of our traffic signals use
BESS as a way to continue normal operation even with energy
disruption.
Traffic impacts seen by commercial BESS would be negligible
after the site is in operation. Maintenance and inspection
teams would be the only of the few seen at the site during
normal operation. There may be temporary traffic impacts or
revisions during the construction periods.
Stabilize and enhance
property values
The argument that BESS decreases or improves property
values is multifaced and shall be reviewed on a project by
project basis. BESS that conforms to the screening and
landscaping requirements of the DUC zone may not have as
large of a potential negative impact to property values in the
surrounding vicinity. Compared to a Utility-scale facility that is
exposed and occupies a large portion of the area may have
some negative impacts and may not be considered under a
proposal. While impacts vary by context, it is important to
understand appropriate siting and design can mitigate potential
negative effects.
Facilitate adequate
provisions for doing public
and private business and
thereby safeguard the
community’s structure upon
which the prosperity and
welfare of all depends
BESS, when meeting the adequate provisions of the Title can
safeguard the community’s structure upon which the
prosperity and welfare depends. Allowance of BESS and
alternative energy systems can indeed capture development
and financial capital furthering Auburn’s manufacturing,
construction, and administrative industries. These industries
provide well-paying jobs and will help Auburn transition to
clean energy infrastructure.
Through such
achievements, help ensure
safety and security of home
life. Foster good citizenship,
and create and preserve a
more healthful, serviceable,
and attractive municipality
and environment in which to
live.
The response to ensure BESS aligns with the purpose of the
Zoning Ordinance in Title 18, includes a specific look into the
operations and available site conditions that are unique to each
site. Involving the community when input is needed fosters
good citizenry and active public discourse.
BESS also could allow the continuation of governmental
services in times of crises aiding to the safety and security of
the home life.
Figure 8 Alignment of BESS with Title 18
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As reviewed in the section above staff understands the need for the City’s Zoning Ordinance to be
updated to reflect the policies and goals of climate and energy resilience. Following, is a staff
analysis on how BESS integrates with the community for each zone. In most cases, BESS will be
applied as an accessory to a primary use such as a residence to emergency back-up for
commercial purposes and would be permitted in all zones.
As mentioned earlier, King County has adopted 2 MW (Attachment 1) as the threshold which
separates accessory use from commercial use. In the context of Auburn, staff proposes the
threshold to be delineated at 1 MW.
Commercial uses of BESS are the uses accessory or standalone which surpass the threshold
quantity of 1 Megawatt (MW). Commercial applications of BESS are substantially larger than
what is deemed as “accessory use” per ACC 18.04.020:
“Accessory use” means a use, a building or structure, or part of a building or other
structure which is subordinate to and the use of which is incidental to that of the main
building, structure or use on the same lot, including a residential garage. If an accessory
building is attached to the main building by a common wall or roof, such accessory
building shall be considered a part of the main building. Parking areas will not be
considered an accessory use under this definition. See related definitions for “Accessory
use, manufactured home community” and “Accessory use, residential.”
The following table presents a visual representation of the proposed zones and project review
requirements for Commercial applications of BESS within the City. The use is analyzed further
with the intent of each appliable zone. These determinations are not final and may be subject to
change.
As a reference, PSE provided staff with a model ordinance as a recommended guidance
document for amending City code to allow for BESS throughout the City. Seen in Attachment 12,
this ordinance is useful for understanding the legal requirements, but does not account for the
scope of BESS in the individual zones as analyzed below.
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Zoning Classification Type I Type II Type III Not
Permitted
Downtown Urban Center X
C-1, Light Commercial X
C-2, Heavy Commercial X
I, Institutional X
M-1, Light Industrial X
M-2, Heavy Industrial X
LF – Airport Lading Field X
OS – Open Space X
P-1, Public Use X
R-1, Residential 1 DU/Acre X
R-2, Residential Low X
R-3, Residential Moderate X
R-4, Residential High X
R-NM Neighborhood Mixed Use X
RC, Residential Conservancy X
RF, Residential Flex X
Planned Unit Development
District (PUD) X
R-MHC, Residential
Mobile Home Community X
Lakeland Hills PUD X
Figure 9 Land Use Activity and Applicability Table
Downtown Urban Center – Staff Analysis
The intent of the Downtown Urban Center (DUC) Zone is to create a distinct and strong identity
for downtown Auburn. The DUC Zone is intended to produce a concentration and mixture of
commercial, office, medical, retail, residential, and civic uses that attract shoppers, visitors, and
workers. Development that occurs within the downtown urban center zone often requires
architectural and site design review which can be either Type I or Type II decisions made by staff.
While the physical form of BESS may not always align with the intended character of a zone
particularly where space is typically reserved for shops, hotels, housing, or professional offices,
there is a strong case for allowing BESS through the Type III review process when serving
institutional needs.
BESS can provide critical emergency and backup power to essential facilities such as hospitals,
City Hall, and other public buildings that require uninterrupted power during outages. Without the
option to site BESS in this area, these institutions would remain reliant on diesel generators,
which are noisy, emit air pollutants, and require regular fuel replacement every 6–12 months
unless treated with stabilizers.
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There are specific sites, and applications of BESS that require additional review and public input
which supports the decision for a Type III Quasi-Judicial review and decision made by the hearing
examiner.
For these reasons, staff recommends Commercial BESS be conditionally permitted in the DUC.
C-1, Light Commercial – Staff Analysis
Support for siting BESS within the C-1 Zone is limited due to land use priorities and compatibility
concerns. Many C-1 parcels boarder low and moderate intensity residential zones and are
intended to serve as future local commercial destinations.
The purpose of the C-1 Zone is to promote a vibrant mix of small-scale, pedestrian oriented uses.
BESS facilities are typically enclosed and occupy the full extent of the parcel, which can diminish
the zone’s ability to meet its intended character and functions.
For these reasons, commercial scale BESS installations are recommended to be prohibited from
the C-1 Zone.
C-2, Heavy Commercial -Staff Analysis
The C-2 Zone supports a broad range of medium to high intensity land uses. While the zone is
primarily intended for retail, commercial, entertainment, and professional services, it also
accommodates high intensity uses such as low intensity industrial activities and utility
infrastructure through additional land use approvals.
A significant portion of the zone is located along the valley floor West of Auburn Way which
physically separates the C-2 Zoned parcels from a majority of the residentially zoned properties
and remains underutilized. This area is well-suited for the development of BESS, offering both
design flexibility and proximity to existing infrastructure.
For these reasons, staff recommends that commercial scale BESS be permitted through the Type
II administrative land use review process in the C-2 Zone.
I – Institutional Zone – Staff Analysis
The Institutional Zone (I) is designed to support public-serving uses such as educational, cultural,
and civic facilities. Distributed through the City, this zone meets both local and regional needs.
Historically, public and institutional facilities in this zone that require on-site power generation
have relied on diesel generators. This mirrors the patterns seen in the DUC zone. However, diesel
generators are noisy, polluting, and require frequent fuel replacement and maintenance.
For these reasons, staff recommends that commercial scale BESS be allowed in the I Zone
through the Type III conditional land use review process.
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M-1, Light Industrial and M-2, Heavy Industrial – Staff Analysis
The City’s industrial zones are designed to accommodate a broad spectrum of industrial,
manufacturing, and commercial activities. Residential uses are not permitted unless they are
already established, ensuring that these zones remain focused economic development and
operational flexibility as outlined in the Comprehensive Plan.
The M-1 Zone supports industrial and commercial uses based on the nature of operations rather
than the products produced such as warehousing and packaging. The M-2 Zone allows even
greater flexibility, including activities that process raw materials and may have more substantial
impacts on surrounding areas.
Given the purpose of these zones, the operational characteristics of BESS, and the presence of
high-capacity transmission infrastructure, industrial areas are well suited for BESS installations.
Impacts to nearby residents are minimal and unlikely to exceed those of existing permitted uses
in the M-1 and M-2 Zones.
For these reasons, staff recommends that commercial scale BESS be permitted outright in the
industrial zones.
LF – Airport Landing Field District – Staff Analysis
The Comprehensive Plan identifies airport hazards as threats to the safety of airport users and
nearby properties. Obstruction-type hazards, in particular, can reduce the available area for
aircraft to land, take off, and maneuver safely.
To protect public health, safety, and general welfare, it is essential to prevent the creation of such
hazards.
While BESS are not inherently dangerous, their presence within the LF District introduces
potential risks. In the event of an aircraft collision, BESS could trigger cascading impacts such as
fire, explosion, or widespread power outages. Additionally, the infrastructure required to support
BESS, particularly high-voltage transmission lines often exceeds 65 feet in height surpassing the
45-foot maximum height limit for the LF Zone.
For these reasons and regulatory constraints, staff recommends commercial scale BESS be
prohibited within the LF Zone.
OS – Open Space Zone – Staff Analysis
The OS zone is intended to permit land uses that tend to be managed in a largely undeveloped
character, including passive parks, watersheds, natural and urban conservancy shoreline
districts, significant wildlife habitats, and areas with significant development restrictions.
Permitting BESS in the OS Zone would require a demonstrated trend toward development, which
is inconsistent with the zone’s preservation-focused intent. While limited utility infrastructure,
such as substations, or transmission lines is allowed, these facilities are typically modest in
scale and impact compared to the potential footprint of a commercial scale BESS installation.
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Given the City’s commitment to preserving these areas to the fullest extent possible, staff
recommends commercial scale BESS be prohibited within the OS Zone.
P-1 Public Use Zone – Staff Analysis
The P-1 Zone, similar in purpose to the Institutional Zone, is intended to support public-services
at a community and regional scale. It provides space for cultural, educational, recreational, and
civic facilities such as schools parks, and government offices. The P-1 Zone is often located
within or near residential zones.
While BESS are generally developed in serve of the public good, their function does not
completely align with the core intent of the P-1 Zone, which emphasizes active, community
oriented uses. BESS would be best suited for facilities that rely on on-site power generation
mirroring the patterns in the Institutional and DUC zones. BESS could remove the reliance on
diesel generation and improve the overall reliability of the services provided.
For these reasons, staff proposes commercial BESS be allowed in the P-1 Zone through the Type
III conditional land use review process.
Residential Zones – Staff Analysis
Residential Zones are intended to support a range of housing types, from single family homes to
multistory apartment buildings while maintaining a focus on residential character and livability.
Commercial and industrial activities are either significantly restricted or outright prohibited in
these areas to preserve neighborhood integrity and minimize incompatible land uses.
Given these limitations, and the intent of residential zoning, staff recommends, that commercial
scale BESS be prohibited in all residential zones.
II. SUMMARY OF KEY CODE CHANGES
Staff is working to prepare revisions to Title 18 “Zoning,” and more specifically the following
Chapters:
• Chapter 18.04 ACC “Definitions”
• Chapter 18.07 ACC “Residential Zones”
• Chapter 18.23 ACC “Commercial and Industrial Zones”
• Chapter 18.29 ACC “DUC Downtown Urban Center District”
• Chapter 18.31 ACC “Supplemental Development Standards”
• Chapter 18.35 ACC “Special Purpose Zones”
The Washington State Amendments to the International Building Code IBC 2021 and the
International Fire Code, Washington Administrative Code (WAC) 51-54A-1207 (attachment 13)
contains development standards for stationary and mobile electrical energy storage systems
(BESS). Thus, reducing the burden of developing code that would eventually be in conflict with
the State’s trajectory of clean and resilient energy.
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Residential Zones
• Changes to this chapter include a revision to the use table ACC 18.07.020 to show
commercial applications of BESS as prohibited with “X.”
• There may be additional development standards for accessory uses referenced in the
supplemental development standards captured in Chapter 18.31 ACC.
Commercial and Industrial Zones
• Changes to this chapter include the use table ACC 18.23.030 to show “X” in the C-1
zone, “A” in the C-2 Zone, and “P” in both the M-1 and M-2 zones.
• There may be additional development standards referenced in the supplemental
development standards captured in Chapter 18.31 ACC.
DUC Downtown Urban Center District
• Changes to this chapter include the inclusion of BESS to the Uses/activities requiring an
administrative use permit.
• There may be additional development standards referenced in the supplemental
development standards captured in Chapter 18.31 ACC.
Special Purpose Zones
• Changes to this chapter include the use table ACC 18.35.030 to show “X” in the P-1 zone,
“X” in the I zone, and “X” in the OS zone.
• There may be additional development standards for accessory uses referenced in the
supplemental development standards contained in Chapter 18.31 ACC.
Supplemental Development Standards
• The inclusion of additional siting and screening requirements. Such as accessory uses of
BESS being required to be sited behind the front façade of the structure.
• Minor changes to required landscaping to prevent taller shrubbery from overtopping the
wall.
• Code will include references to code books such as the International Fire Codes 1207
and National Fire Protection Association 855 standards to reduce the administrative
burden on planning staff.
• Code will include specific standards for commissioning, decommissioning, and
operation. These standards will be referenced from IFC 1207 and other standards.
III. TEXT AMENDMENT
Draft text amendments have not been prepared for this meeting. Planning Services expects a
draft version of code to be presented to Planning Commission at the January 6th meeting.
IV. STAFF REQUEST
Staff requests Planning Commission to read through the items listed in the memo and
corresponding attachments.
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V. ATTACHMENTS
(1) Staff Presentation
(2) King County Ordinance No. 19824
(3) SB 5116 – Clean Energy Transformation Act
(4) SB 5126 – Climate Commitment Act
(5) 2021 PSE Integrated Resource Plan
(6) City of Auburn Economic Development Element
(7) Housing Needs and Characteristics Assessment Update
(8) City of Auburn Ordinance No. 6978 Establishment of 6-month Moratorium
(9) Round Table Meeting Notes
(10) City of Auburn Ordinance No. 6995 6-month Moratorium Extension
(11) Outreach and Survey Materials
(12) PSE Model Ordinance
(13) WAC 51-54A1207 Electrical Energy Storage Systems
(14) Outline and Functions of the US Energy Grid
(15) PSC Energy Storage System Location Study
VI. GLOSSARY OF KEY TERMS
(1) Accessory Energy Storage System (Accessory ESS / Accessory BESS)
A battery energy storage system with a capacity below the City’s proposed 1-
megawatt (MW) threshold. These systems are subordinate to a primary use—such as
a residence or small facility—and provide backup power or limited grid support.
(2) Administrative Use Permit (Type II Review)
An administrative land-use decision made by staff to determine whether a proposed
use—such as a Commercial BESS in the C-2 Zone—meets zoning and development
standards.
(3) Battery Energy Storage System (BESS)
A system of rechargeable batteries that stores electricity for later use. BESS improves
grid stability, captures excess renewable energy, and provides backup power for
homes, businesses, and essential facilities.
(4) Clean Energy Transformation Act (CETA)
Washington State legislation (SB 5116, 2019) that requires electric utilities to
transition to 100% clean electricity by 2045, increasing demand for renewable energy
and storage technologies.
(5) Climate Commitment Act (CCA)
Washington State legislation (SB 5126, 2021) establishing a cap-and-invest program
that limits carbon emissions and funds climate and air-quality initiatives.
(6) Commercial Energy Storage System (Commercial ESS / BESS)
A battery energy storage system that exceeds the City’s proposed 1-megawatt (MW)
threshold. These systems may serve utility-scale or standalone commercial functions
and require higher-level land-use review.
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(7) Conditional Use Permit (Type III Review)
A quasi-judicial land-use process requiring a public hearing and decision by the
Hearing Examiner. This review level is recommended for siting Commercial BESS in
zones where community input and compatibility review are necessary.
(8) Distributed Energy Resources (DERs)
Small-scale energy technologies located near where energy is consumed, such as
rooftop solar or BESS. DERs improve grid flexibility and local resilience.
(9) Downtown Urban Center (DUC)
A mixed-use zone intended for commercial, residential, civic, and medical uses.
Commercial BESS may be permitted through Type III review when serving institutional
or public-service needs.
(10) Energy Storage System (ESS)
A general term for installations that store energy for later use, including batteries,
control systems, and power-conversion equipment. ESS systems help balance supply
and demand on the electrical grid.
(11) Industrial Zones (M-1 Light Industrial and M-2 Heavy Industrial)
Zones intended for industrial, manufacturing, and commercial uses. These areas
contain compatible infrastructure and are proposed to allow Commercial BESS
outright.
(12) International Fire Code (IFC) Section 1207 / NFPA 855
State-adopted safety standards governing the design, installation, operation, and fire-
protection requirements for energy storage systems. These standards will be
referenced in Auburn’s zoning updates.
(13) Integrated Resource Plan (IRP)
Puget Sound Energy’s long-term energy planning document, identifying future energy
needs, renewable resource integration, and the role of BESS in meeting regional
capacity and reliability goals.
(14) Megawatt (MW)
A unit of electrical power equal to one million watts. Used to differentiate between
accessory-scale (<1 MW) and commercial-scale (>1 MW) battery storage facilities.
(15) Moratorium
A temporary halt on accepting or processing specific development applications.
Auburn established two consecutive six-month moratoriums on BESS projects to
allow time for research and zoning updates.
(16) Open Space (OS) Zone
A zone intended to preserve passive parks, watersheds, habitat areas, and
environmentally sensitive lands. Commercial BESS is proposed to be prohibited in
this zone.
(17) Public Use (P-1) Zone
A zone intended for civic, recreational, and community-serving public facilities.
Commercial BESS may be allowed through Type III review when supporting essential
public uses.
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(18) Quasi-Judicial Review
A formal land-use decision-making process involving public hearings and fact-finding,
typically associated with conditional use permitting for projects such as Commercial
BESS in sensitive zones.
(19) Residential Zones
Zones intended primarily for housing. Commercial BESS is proposed to be prohibited
in all residential zones, while accessory-scale BESS remains allowed.
(20) Supplemental Development Standards (ACC 18.31)
Citywide development requirements that apply across multiple zones, including
screening, siting, landscaping, and safety standards applicable to BESS installations.
(21) Transmission, Distribution, Generation, and Consumption
The four functional components of the electrical grid:
• Generation: where electricity is produced.
• Transmission: long-distance, high-voltage transport.
• Distribution: local delivery at safe voltages.
• Consumption: end-use by households, businesses, and institutions.
BESS supports all stages by storing and releasing energy as needed.
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AUBURN
VALUES
S E R V I C E
ENVIRONMENT
E C O N O M Y
C H A R A C T E R
SUSTAINABILITY
W E L L N E S S
C E L E B R AT I O NPLANNING COMMISSIONENERGY STORAGE SYSTEMCODE UPDATEPRESENTED BYGABRIEL CLARK, PLANNER IIDECEMBER 2, 2025Department of Community DevelopmentPlanning Building Development Engineering Permit CenterEconomic Development Code EnforcementPage 225 of 451
ACCESSORY AND COMMERCIALSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONAccessoryCommercialPage 227 of 451
COMMERCIAL BESSPage 228 of 451
CROSS SECTION OF A BESS CABINETPage 229 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONPRIMARY FUNCTIONS VISUALIZEDPage 231 of 451
WHAT IS THE DEMAND? SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONPage 232 of 451
AUBURN
VALUES
S E R V I C E
ENVIRONMENT
E C O N O M Y
C H A R A C T E R
SUSTAINABILITY
W E L L N E S S
C E L E B R AT I O NDepartment of Community DevelopmentPlanning Building Development Engineering Permit CenterEconomic Development Code EnforcementQUESTIONS? Page 235 of 451
MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Bill Stewart, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Gabriel Clark, Planner II
Department of Community Development
DATE: December 26th, 2025
RE: City File No. ZOA24-0004 – City of Auburn Battery Energy Storage Code
I. INTRODUCTION AND BACKGROUND
Battery Energy Storage Systems (BESS) are systems of rechargeable batteries that balance the
demand for electricity on our grid. During peak usage or extreme weather events, BESS can react
quickly, providing electricity. In extreme cases BESS protects sensitive equipment such as
transformers, transmission lines, switches and other infrastructure from overloads, preventing
blackouts or long-term service outages.
At the December 2nd meeting, staff presented background information which described the
purpose of the code updates. At this meeting staff will introduce the land use tables of each zone
and the proposed “project permit decision” (Title 14 ACC) applicable to each tier of BESS.
Figure 1 BESS, Tier I [residential accessory BESS cabinet]
Figure 2 BESS, Tier II [commercial BESS cabinet]
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Figure 3 BESS, Tier III [utility BESS station, image includes BESS cabinets, accessory buildings, and substation connections]
How is the Capacity of BESS Measured?
The capacity of BESS is measured in two separate ways, one being a Watt-Hour (Wh) and the
second being a Watt (W).
A Watt-hour is the capacity of electrical energy in watts (W) BESS can store and discharge
over time (h). A typical BESS operates in capacities of kilowatt-hours (kWh) and a megawatt-
hours (MWh). Think of this portion of BESS as a reservoir to a dam, which can contain many
hundreds to millions of gallons of water to be sent over the spillway.
A Watt (W) is the maximum amount of energy that BESS can charge or discharge. A typical
BESS has charging and dishcarging capacities in kilowatts (kW) to megawatts (MW). Think of this
portion of BESS to the spillway of a dam, this portion of the dam controlls the amount of water
that can exit the system.
The appropriate capacity to regulate is the Wh component of BESS since it limits the amount of
stored energy at the site. This size limitation also restricts the number of BESS cabinets and the
scale of the facility which is more appropriate when considerting the siting within the City. WAC
51-54A-1207 has established precident to regulate this capacity as it targets the sizing of these
systems.
If the City were to regulate only the W component, then the threshold quantities would be a muut
point and BESS of larger scales could be installed in areas the City origionally saw as unfit for
operation leading to an inneffective code.
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Regulatory Breakdown
The regulations that determine the design, siting, construction, and operation are based on
several standards including Washington Administrative Code (WAC), the International Building
Code (IBC), International Fire Code (IFC), National Fire Protection Association (NFPA),
Underwriters Laboratories (UL), and Auburn City Code (ACC).
State Regulations
Chapter 51-54A WAC contains the State building code and its amendments and regulatory
information pertaining to electrical energy storage systems. These regulations are proposed do be
adiopted by reference to Auburn City Code.
As shown in Table 1207.1.1 (Figure 4), the State requires all electrical energy storage systems
exceeding the prescribed thresholds to comply with the minimum standards of the section.
These are dependant on the type of technology used. The minium standards of WAC 51-54A-
1207 include submitting 1) construction documents, 2) a hazard mitigation analysis, 3)
commissioning and decommissioning plans and 4) testing standards, size and separation
requirements, and explosion control documents to the permitting jurisdiction.
Spillway
(Watt)
Reservoir
(Watt-hour)
Figure 4 Grand Coulee Dam [comparing watt-hour to a reservoir and watt to the spillway]
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Figure 5 Threshold Quantities Table [a table depicting energy storage capacities in kilowatt hours which trigger state requirements]
II. SUMMARY OF KEY CODE CHANGES
Staff is preparing revisions to Title 18 “Zoning,” to incorporate these changes.
• Chapter 18.04 ACC “Definitions”
• Chapter 18.07 ACC “Residential Zones”
• Chapter 18.23 ACC “Commercial and Industrial Zones”
• Chapter 18.29 ACC “DUC Downtown Urban Center District”
• Chapter 18.31 ACC “Supplemental Development Standards”
• Chapter 18.35 ACC “Special Purpose Zones”
Given that the City is granted the authority to develop regulatory standards, the proposed code
will contain the following standards to supplement the regulatory minimums provided by statute.
Threshold Quantities
The capacity thresholds for each tier of BESS are dervied from the State’s standards for each type
of battery technology (per WAC 51-54A-1207). These are the most used and readily available to
the consumer. Table 1207.1.1 (Figure 4) includes specific thresholds to which these standards
apply. Additionally, the state has set the precident to measure the energy storage capacity by
watt-hour versus watt. As described in the introduction and background, codes regulating watt-
hour are critical to establishing boundaries for the size and scope of BESS.
BESS, Tier I operate in energy capacities of up to the threshold quantities identified in Table
1207.1.1. BESS that are below the threshold quantities for their specific battery chemistry do not
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require the applicant to submit additional application materials such as a hazard mitigation plan,
commissioning plans, decommissioning plans, and other materials.
This is generally considered sufficient for residential accessory use and is comperable home
back up generators. Compliance with the building, electrical, fire, and City codes and UL
certification is required.
BESS, Tiers II and III are larger in scale and surpass the threshold quantities listed in Table
1207.1.1. As a result State law requires the proponent of the project to meet the minimum
requirements of WAC 51-54A-1207. The proposed City Code intends to adopt by reference each
of these standards and as amended to ensure any development is regulated by the latest
available standards.
Permitted Zoning Districts
Figure 5 depicts the land use approval process for each Tier of BESS.
BESS, Tier I is permitted in most zoning districts.
BESS, Tier II is allowed in the high density residential and commercial zones with exception of the
R-F zone. This tier would be allowed through the administrative use permit process contained in
Chapter 18.64 ACC.
BESS, Tier III is limited to the City’s highest intensity zones. This tier would be allowed as an
administrative or conditional use process contained in Chapter 18.64 ACC.
Figure 6 Land Use Approval Process
Zoning District BESS, Tier I BESS, Tier II BESS, Tier III
RC P X X
R-1 P X X
R-2 P X X
R-3 P A X
R-4 P A X
R-NM P A X
R-F P X X
C-1 P A X
C-2 P A C
C-AG P A X
M-1 P A A
M-2 P A A
P-1 P A X
I P A X
OS P A X
DUC P A X
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*P = Permitted, A = Administrative Review, C = Conditional Review
III. TEXT AMENDMENT
Draft text amendments are shown by strikeout/underline and are attached to this memo as
Attachments 2 through 6.
IV. STAFF REQUEST
Staff requests Planning Commission to review the items listed in the memo and corresponding
attachments.
V. ATTACHMENTS
(1) Presentation
(2) ACC 18.04.174 Text Amendment
(3) ACC 18.07.020 Text Amendment
(4) ACC 18.23.030 Text Amendment
(5) Chapter 18.29 ACC Text Amendment
(6) ACC 18.35.030 Text Amendment
(7) PSE Response
VI. GLOSSARY OF KEY TERMS
(1) Battery Energy Storage System (BESS)
A system of rechargeable batteries that stores electricity for later use. BESS improves
grid stability, captures excess renewable energy, and provides backup power for
homes, businesses, and essential facilities.
(2) International Building Code (IBC)
Guidelines and requirements for the design, construction, and maintenance of
buildings. Aiming to protect the health, safety, and well-being of the occupants and
the surrounding community.
(3) International Fire Code (IFC)
A set of regulations designed to safeguard life and property from fire and explosion
hazards. It covers various topics including emergency planning, fire department
access, automatic sprinkler systems, fire alarm systems, and the storage and use of
hazardous materials.
(4) Kilowatt Hour (kWh)
A unit of energy that represents the amount of electricity generated or consumed over
a period of one hour. One kilowatt hour is the equivalent energy to using a 1,000 watt
microwave for 1 hour. This is a smaller unit of measurement and is most found on your
monthly electrical bill. The average household in the US consumes 30 kWh per day.
(5) National Fire Protection Association
A nonprofit organization dedicated to eliminating death, injury, property damage, and
economic loss due to fire, electrical, and related hazards.
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(6) Megawatt Hour (MWh)
A unit of energy that represents the amount of electricity generated or consumed over
a period of one hour. One Megawatt hour is equal to 1,000 kilowatt hours. The same
1,000-watt microwave could operate for 1 thousand hours or approximately 300 to
1,000 homes for one hour.
(7) Stored Energy Capacity
The total capacity of a BESS in either kilowatt hours or megawatt hours.
(8) Supplemental Development Standards (ACC 18.31)
Citywide development requirements that apply across multiple zones, including
screening, siting, landscaping, and safety standards applicable to BESS installations.
(9) WAC 51-54A-1207
Washington State’s adopted safety standards for electrical energy storage systems.
Including fire protection, hazard mitigation, separation distances, and commissioning
requirements.
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WATT-HOUR VERSUS WATTReservoir(Watt-hour)Spillway(Watt)Page 247 of 451
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R-FR-NMR-4 R-3R-2R-1RCPPPPPPPTier IXAAAXXXTier IIXXXXXXXTier IIIZONING CLASSIFICATION RESIDENTIALPage 256 of 451
M-2M-1C-AGC-2C-1DUCPPPPPPTier IAAAAAATier IIAAXCXXTier IIIZONING CLASSIFICATIONCOMMERCIAL & INDUSTRIALPage 257 of 451
ZONING CLASSIFICATION –SPECIAL PURPOSEOSIP-1PPPTier IAAATier IIXXXTier IIIPage 258 of 451
QUESTIONS FOR CONSIDERATION Reservoir(Watt-hour)Spillway(Watt)Page 262 of 451
JANPresent code to Planning CommissionFEBPlanned Planning Commission MeetingMARPlanned Public HearingAPRPlanned Council Study Session and ActionPROPOSED TIMELINEPage 265 of 451
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C E L E B R AT I O NDepartment of Community DevelopmentPlanning Building Development Engineering Permit CenterEconomic Development Code EnforcementQUESTIONS?Page 266 of 451
MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Bill Stewart, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Gabriel Clark, Planner II
Department of Community Development
DATE: January 14th, 2026
RE: City File No. ZOA24-0004 – City of Auburn Battery Energy Storage Code
I. INTRODUCTION AND BACKGROUND
Battery Energy Storage Systems, also known as BESS, are systems of rechargeable batteries that
moderate the demand for electricity on our grid. During peak usage or extreme weather events,
BESS can react quickly, providing electricity. In extreme cases BESS protect sensitive equipment
such as transformers, transmission lines, switches and other infrastructure from overload
preventing blackouts or long-term service outages.
Figure 1 BESS, Tier I
Figure 2 BESS, Tier II
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Figure 3 BESS, Tier III
At the December 2nd, 2025, meeting, staff presented background information which described
the purpose of the code updates. At this meeting staff will introduce the land use tables of each
zone and the proposed “project permit decision” (Title 14 ACC) applicable to each tier of BESS.
At the January 6th, 2026, meeting, staff presented contextual information to describe how BESS
are sized, what the intention of the regulations were, and formalized land use approval pathways
for each tier of BESS. Staff also briefed Planning Commission with a memo from Puget Sound
Energy advising staff to increase the threshold quantities of each tier to align with existing end-
user installations. A primary concern was limiting capacities with the Tier I systems which are
permitted in residential zones.
At the February 3rd, 2026, meeting, staff will present the proposed development standards, staff
comments received, and notification of any public comments received during the SEPA process.
II. SUMMARY OF KEY CODE CHANGES
Staff is preparing revisions to Title 18 “Zoning,” to incorporate these changes.
Given that the City is granted the authority to develop regulatory standards, the proposed code
will contain the following standards to supplement the regulatory minimums provided by statute.
Land Use Tables
Revisions to Chapters 18.04 “Deffinitions,” 18.07 “Residential Zones,” 18.23 “Commercial and
Industrial Zones,” 18.29 “DUC Downtown Urban Center District,” and 18.35 “Special Purpose
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Zones” do not change substationally. Changes are limited to expanding “BESS” to “Battery
Energy Storage System” in the land use tables where BESS has not been defined.
Supplemental Development Standards
In conjunction with Community Development, Public Works, Valley Regional Fire Authority, and
Legal staff members, a set of supplemental standards to regulate the development of BESS
throughout the City have been developed. These supplemental standards also include
regulations adopted by the State of Washington and the International Code Councils and their
amendments.
The structure of the code includes general standards which apply to each of the three Tiers,
followed by two sections which offer specific requirements for each tier.
General Standards
General standards include references to citations such as the Washington Administrative Code
(WAC) 51-54A-1207, International Building Code (IBC), and the International Fire Code (IFC)
1207 which provides supplemental standards for BESS facilities, fire suppression, secondary
containment, and spill neutralization. These three codebooks provide the foundation for the
City’s regulations, as such adopting the WAC, IBC, and IFC by reference allows the City to
incorporate standards of the best available science without needing to perform a code cycle
update.
This subsection also places general restrictions on BESS. These restrictions inclde prohibiting the
construction or siting of BESS within critical areas and the floodplain. According to the United
States Department of Transportation, lithium batteries have been classified as a hazardous
substance. Per our floodplain development code, Chapter 15.68 ACC, hazardous materials and
substances are prohibited from being located within the floodplain.
Additionally, Chapter 16.10 ACC prohibits development within the City’s regulated critical areas
and its buffers. As a result, BESS will be subject to the standard buffer widths aplicable to each
critical area.
BESS facilities that are below the threshold quantities table identified in WAC 51-54A-1207
would be exempt from portions of the chapter.
The next three sections will provide context for the three tiers of BESS; Tier I, Tier II, and Tier III.
BESS, Tier I
BESS, Tier I is intended to serve residential and small commercial customers due to the
restricted energy storage capacity of 100 kWh. These systems are required to be installed in one
of the four prescribed locations specified by WAC 51-54A-1207. If located on the exterior of a
structure, then some amount of screening would be required. This could include a fence or
located behind the front façade of the structure.
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It should be noted that when the energy storage capacity of BESS, Tier I surpasses the thresholds
set by the threshold quantity table of WAC 51-54A-1207, the applicant would be required to
submit commissioning plans, construction documents, hazard mitigation analyses, as well as
meet additional requirements of the WAC.
BESS, Tier II and Tier III
BESS, Tier II is intended to serve moderate intensity residential and commercial customers as the
threshold is designated at 4 MWh. The structure of this section incorporates language from Title
18 “Zoning” ACC, the model ordinance, and the WAC.
Similarly, BESS, Tier III systems are systems with energy storage capacities beyond 4 MWhs and
are intended to serve micro and regional grids. Tier III systems follow the same list of
requirements to Tier II systems.
At this capacity, large-scale fire testing, vegetation control, secondary containment, access,
hydrant spacing, and financial securities are required.
System testing, location, fencing, and vegetation controls are standards contained in the WAC,
IFC, or IBC standards.
Staff has worked with the Valley Regional Fire Authority to determine the minimum applicable
standards for emergency vehicle access and availability of hydrants. Included in the proposed
code are two standards (1) access and (2) hydrant spacing.
Valley Regional Fire Authority had significant concerns regarding access to the site, especially if
the site is served by a dead-end road. If a fire were to break out, a secondary access point would
provide a safe alternative to approach the site and avoid any additional exposure to the smoke.
If a BESS facility is proposed in an area where hydrants do not meet the minimum commercial
hydrant spacing requirements contained within the City of Auburn Engineering Design Standards,
the applicant is required to install hydrants to the minimum specification.
Since BESS, Tier II and Tier III are larger systems intended to support moderate to large
commercial/residential projects and the grids, staff determined the applicant of such system
shall provide a financial security or bond equal to 125% of the estimated costs associated to
decommissioning. The decommissioning security will aid to protect the interests of the City and
the applicant in the event of failure or abandonment.
The financial security will operate in a similar manner to a mitigation or landscape bond. When
the BESS facility is decommissioned in accordance with the approved decommissioning plan the
city may release the bond back to the owner of the facility. In the event the facility is abandoned
or ceases to operate consistenly, the City reserves the right enter the facility to decommission
the facility and utilize the available bond to cover the costs associated with the site.
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The site may be in operation for a number of decades resulting the need for language where the
financial security can be renewed on a regular basis to ensure the security maintains its position
with rising costs due to inflation. Staff are refining the language to ensure the requirement is clear.
III. STAFF COMMENTS
Staff has colleced the first round of comments from Public Works department, Valley Regional
Fire Authority, Legal Departlent, Building Division, and Development Engineering Divisions of the
City.
To summarize the comments:
1. Public Works has concerns over the existence of critical areas on sites where a BESS
facility may be sited and whether the City has the authority to have additional restrictions
for these sites.
a. Staff response: BESS and their impacts on critical areas are a concern of the City.
Development of a site which contains critical areas shall conform to the minimum
local, federal, and state requirements. Within the City of Auburn Title 16
“Environment” of the Auburn City Code provides explicit restrictions on the
development of critical areas. For projects that do have temporary or permanent
impacts, ACC 16.10.100 provides standards for alteration or development of
critical areas which requires mitigation strategies, monitoring, and implements
replacement/enhancement ratios. BESS shall meet the standard buffer width
required by the applicable critical area.
To reduce risk, the City proposes to incorporate a financial security component
which will provide the property owner or City with a direct source of funds to
decommission and restor the site to prior conditions when the BESS was planned.
This financial security will be a required component of the decommissioning plan.
2. Public Works had a concern with the language pertaining to noise. Public Works Staff
pointed to Chapter 8.28 ACC “Noise” which contains what are considered public
disturbances.
a. Staff response: Planning will incorporate by reference Chapter 8.28 ACC “Noise”
into the proposed code.
3. Public Works and Development Engineering provided recommendations for updated
language pertaining to secondary contaimment for Tier II and Tier III systems.
a. Staff response: Planning staff will update the language to include requirements for
BESS facilities to meet the minimum standards of City standards, International
Fire Code (IFC) and NPDES requirements.
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4. Public Works Staff provided comments for the required decommissioning bond.
a. Staff response: The applicant and/or owner of the BESS project will be required by
code to obtain a financial security and will not be released until the criteria of the
decommissioning bond have been satisfied. The exact bond and duration of the
bond is still under review. Staff is working with the City’s Legal department to
identify what type of security is the most risk adverse.
5. Valley Regional Fire Authority (VRFA) provided comments regarding secondary
emergency vehicle access (EVA) and hydrant spacing.
a. Staff response: staff has incorporated VRFAs comments to include a secondary
EVA route and compliance with the City of Auburn Engineering Design Standards
for commercial hydrant spacting for sites that do not meet these standards.
IV. SEPA
A DNS has been distributed to agencies and parties of record for comment. In accordance to
WAC 197-11-340 the City will not act on the proposal for a period of 14 days. The comment
period began on January 28th and is set to expire at 5:00 PM February 11th 2026.
Staff will provide comments received from agencies and the public at the February 3rd Meeting.
V. TEXT AMENDMENT
Draft text amendments are shown by strikeout/underline and are attached to this memo as
Attachment 2.
VI. STAFF REQUEST
Staff requests Planning Commission to review the items listed in the memo and corresponding
attachments.
VII. ATTACHMENTS
(1) Staff Presentation
(2) ACC 18.31.240 Text Amendment
(3) Model Ordinance (PSE)
(4) WAC 51-54A-1207
VIII. GLOSSARY OF KEY TERMS
(1) Battery Energy Storage System (BESS)
A system of rechargeable batteries that stores electricity for later use. BESS improves
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grid stability, captures excess renewable energy, and provides backup power for
homes, businesses, and essential facilities.
(2) Buffer or Buffer Area, Critical Area
Means a naturally vegetated, undisturbed, enhanced or revegetated zone surrounding
a critical area that protects the critical area from adverse impacts to its integrity and
value, and is an integral part of the resource’s ecosystem.
(3) Critical Areas or Environmentally Sensitive Areas
Means areas that possess important natural functions and embody a variety of
important natural and community values. Such areas include wetlands, streams, fish
and wildlife habitat, geologically hazardous areas, aquifer recharge areas, and flood
hazard areas. If not conducted properly, development or alteration of such areas may
cause significant impacts to the valuable functions and values of these areas and/or
may generate risks to the public health and general welfare, and/or to public and
private property.
(4) Floodplain or Flood Prone Area
Means any land area susceptible to being inundated by water from any source.
(5) International Building Code (IBC)
Guidelines and requirements for the design, construction, and maintenance of
buildings. Aiming to protect the health, safety, and well-being of the occupants and
the surrounding community.
(6) International Fire Code (IFC)
A set of regulations designed to safeguard life and property from fire and explosion
hazards. It covers various topics including emergency planning, fire department
access, automatic sprinkler systems, fire alarm systems, and the storage and use of
hazardous materials.
(7) Kilowatt Hour (kWh)
A unit of energy that represents the amount of electricity generated or consumed over
a period of one hour. One kilowatt hour is the energy equivalent to using a 1,000-watt
microwave for 1 hour. This is a smaller unit of measurement and is most found on your
monthly electrical bill. The average household in the US consumes 30 kWh per day.
(8) National Fire Protection Association
A nonprofit organization dedicated to eliminating death, injury, property damage, and
economic loss due to fire, electrical, and related hazards.
(9) Megawatt Hour (MWh)
A unit of energy that represents the amount of electricity generated or consumed over
a period of one hour. One Megawatt hour is equal to 1,000 kilowatt hours. The same
1,000-watt microwave could operate for 1 thousand hours or approximately 300 to
1,000 homes for one hour.
(10) Special Flood Hazard Area (SFHA)
Means the land subject to inundation by the base flood. Special flood hazard areas are
designated on Flood Insurance Rate Maps with the letters “A” or “V” including “AE
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(Floodway),” “AO,” “AH,” “A1-99”, and “VE.” The special flood hazard area is also
referred to as the area of special flood hazard or SFHA.
(11) Stored Energy Capacity
The total capacity of a BESS in either kilowatt hours or megawatt hours.
(12) Supplemental Development Standards (ACC 18.31)
Citywide development requirements that apply across multiple zones, including
screening, siting, landscaping, and safety standards applicable to BESS installations.
(13) WAC 51-54A-1207
Washington State’s adopted safety standards for electrical energy storage systems.
Including fire protection, hazard mitigation, separation distances, and commissioning
requirements.
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C E L E B R AT I O NPLANNING COMMISSIONENERGY STORAGE SYSTEM CODE UPDATEPRESENTED BYGABRIEL CLARK, PLANNER IIFEBRUARY 3RD, 2026Department of Community DevelopmentPlanning Building Development Engineering Permit CenterEconomic Development Code EnforcementPage 275 of 451
REFERENCE BOOKS AND STANDARDS
FEBPlanning Commission MeetingMARPlanned Public HearingAPRPlanned Council Study Session and ActionPROPOSED TIMELINEPage 284 of 451
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C E L E B R AT I O NDepartment of Community DevelopmentPlanning Building Development Engineering Permit CenterEconomic Development Code EnforcementQUESTIONS?Page 285 of 451
PLANNING COMMISSION STAFF REPORT
AGENDA SUBJECT/TITLE:
Battery Energy Storage System Code Update
CITY FILE NO(s).:
ZOA24-0004
APPLICANT/AGENT/OWNERS:
City of Auburn
REQUEST:
Planning Commission to hold a public hearing, deliberate, and take action to recommend that City Council
approve proposed regulations for Battery Energy Storage Systems.
LOCATION:
City-wide.
NOTIFICATION:
Hearing Notice was published in the Seattle Times and posted on the City’s Land Use Notice webpage and
physically at City Hall and City Hall Annex on March 27, 2026.
HEARING DATE:
April 7th, 2026
SEPA STATUS:
A SEPA Environmental Checklist – Non-Project Action, was prepared by the City of Auburn as Lead
Agency. A Determination of Non-Significance (DNS) was issued on January 28, 2026, with the appeal
period expiring on February 25, 2026.
STAFF:
Gabriel Clark, Planner II, Dept. of Community Development
STAFF RECOMMENDATION:
Planning Commission to deliberate and take action to recommend that City Council approve proposed
Battery Energy Storage System text amendments included in this staff report as Exhibits 2 through 7. The
proposed code updates modify Chapters 18.04 “Definitions,” Chapter 18.07 “Residential Zones,” Chapter
18.23 “Commercial and Industrial Zones," Chapter 18.29 “Downtown Urban Center District,” Chapter
18.31 “Supplemental Development Standards,” and Chapter 18.35 “Special Purpose Zones.”
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Staff Member: Clark Date: Mar. 24, 2026
Page 2 of 5
SUMMARY OF CODE CHANGES:
The proposal is a non-project action to amend portions of Title 18 “Zoning” Auburn City Code (ACC) to
establish regulations for the development of Battery Energy Storage Systems within City limits. The
proposed changes include amendments to the following chapters.
- Chapter 18.04 ACC “Definitions”
- Chapter 18.07 ACC “Residential Zones”
- Chapter 18.23 ACC “Commercial and Industrial Zones”
- Chapter 18.29 ACC “Downtown Urban Center District”
- Chapter 18.31 ACC “Supplemental Development Standards”
- Chapter 18.35 ACC “Special Purpose Zones”
The proposed changes include defining BESS, designating proper land use approval pathways for each
zone and tier, and the establishment of development standards specific to each tier of BESS. These
amendments may permit Tier I (Accessory) in most zones with a capacity of up to 100 kWhs; may permit
Tier II (Commercial/Industrial) in high density commercial, industrial and residential zones with a capacity
of up to 4 MWhs through an administrative or conditional land use review process; and may permit Tier III
(Regional/Utility) with capacities over 4 MWhs within the Heavy Commercial and Industrial zones through
an administrative or conditional use permit process.
FINDINGS OF FACT:
Background Summary:
1. Battery Energy Storage Systems (BESS) are systems which store and release electrical energy
generated by the grid or on-site generation sources. These systems have increased in popularity in our
region due to evolving legislation and economic incentives for utilities and end users. In 2019, Senate
Bill (SB) 5116 established statutory milestones which require the State’s electrical supply to be free of
greenhouse gas emissions by 2045 (see Exhibit 8).
2. In 2021 Puget Sound Energy (PSE) published an Integrated Resource Plan which contains the Public
Utility District’s goals and policies over the next planning period for the agency. Of which Battery
Energy Storage Systems are identified as a central component to the Utility’s “Distributed Energy
Resource” goals of providing 3,222 MW of capacity by 2045 (see Exhibit 8).
3. In 2021 PSE consulted with Power Systems Consultants to perform a qualitative and quantitative
analysis for siting of possible energy storage systems within the PSE electrical system. This report
identified several sites suitable for BESS in and near the City of Auburn (see Exhibit 8).
4. Based on permit records, development interests for what would be classified under the proposed
code as Tier II and Tier III BESS facilities seems to be driven by the policy goals and initiatives set by
our regional electrical service provider. As of the date of this report, one system named “Christopher
Energy BESS” has submitted land use applications in 2021 and again in 2024. Other projects in
feasibility have been studied through the pre-application process, but none have initiated applications
at this time.
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5. As staff initiated reviews of the 2024 submission, it became evident that the intended use, impacts,
and existing policy framework could not effectively facilitate the development of these systems city-
wide. Subsequently, the City instituted a moratorium on the application, processing, and issuance of
development permits until a policy framework was established. This moratorium was adopted by the
Auburn City Council on May 5, 2025, extended on November 3, 2025 and is set to expire on May 11,
2026, unless development regulations are adopted or an extension is approved.
6. According to the Washington State Fire Marshal’s Office, the State Building Code Council of
Washington State (SBCC) has extended a previously approved emergency rule to allow fire code
officials to utilize the 2023 edition of National Fire Protection Association (NFPA) 855 for the
Installation of Energy Storage Systems. This emergency rule is supported by regulatory agencies and
the industry when it was first introduced in November of 2022 to the SBCC. The existing emergency
rule expired in May of 2023 and with the delay of the implementation of the 2021 Washington State
Codes it was necessary to create an extension.
An amended Chapter 12 of the 2021 International Fire Code (IFC) was also approved by the SBCC for
Off-Cycle Rule making. This chapter is particularly relevant for the installation and maintenance of
batteries and energy storage systems (ESS). The proposed changes br ing forward the latest code
language from the 2024 IFC into the Washington State 2021 Fire Code.
The 2021 WA State Fire Code also has two new sections addressing Lithium-ion batteries and
powered mobility devices such as electric scooters and bikes. Section 322 Lithium -Ion and Lithium
Metal Batteries and section 323 Powered Micromobility Devices and Powered Industrial Trucks were
developed to help address the hazards associated with the use of lithium-ion batteries. The new code
language is from the 2024 IFC (International Fire Code) and was brought forward early in Washington
State to assist in regulating this industry. The 2021 IBC amendments including Chapter 12 of the IFC
(2024) were adopted as law on March 15th, 2024.
7. Staff held a roundtable discussion on October 2, 2025, with labor unions, the Valley Regional Fire
Authority, the Muckleshoot Indian Tribe, and Puget Sound Energy to better understand BESS
technology and its potential impacts.
Procedural Steps:
8. By authorization of the Revised Code of Washington (RCW) 36.70A.390, the City Council of Auburn
established a six-month moratorium on the application, processing, or approval of Battery Energy
Storage Systems by passage of Ordinance No. 6978 on May 5, 2025.
9. By authorization of RCW 36.70A.390 the City Council of Auburn extended the moratorium six
additional months by passage of Ordinance No. 6995 on November 3, 2025.
10. Staff presented and discussed the proposed text amendments with the Planning Commission on
December 2, 2025, January 6, 2026, and February 3, 2026, respectively. Staff memos provided to
Planning Commission for the aforementioned meetings detail the purpose and scope of the
amendments to Title 18 “Zoning” ACC (see Exhibits 8, 10, and 12).
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11. In accordance with RCW 36.70A.106(1) the Planning Staff provided the proposed development
regulations to the Department of Commerce for a 60-day comment review period on January 2, 2026,
with a comment period deadline of March 3, 2026. The Department of Commerce acknowledged the
request assigning review reference number 2026-S-11392. At the time this report was completed, the
Department of Commerce did not provide any comments on the proposed text amendments.
12. A SEPA Environmental Checklist – Non-Project Action, was prepared by the City of Auburn as Lead
Agency. A Determination of Non-Significance (DNS) was issued on January 28, 2026, with the appeal
period expiring on February 25, 2026. Comments received are provided in Exhibit 14.
13. ACC 18.68.025 outlines what text amendments may be initiated by the City or the Public.
A. City-Initiated Text Amendments
1. The Director of Community Development may initiate an amendment to the text of this title
[Title 18] for the following purposes:
a. Change the text to increase the consistency with the comprehensive plan in
compliance with ACC 14.22.050, Conformance and consistency.
b. Change the text in response to changes in state and/or federal laws.
c. Change the text to correct errors, which are determined by the director of community
development to be substantive and beyond the scrivener’s error.
d. Change the text to increase internal consistency if this title (Zoning).
2. The Mayor may request the Director of Community Development to initiate an amendment to
the text of this title, or at the request of the Mayor on behalf of the City Council or Planning
Commission.
14. Staff has initiated the text amendment based on ACC 18.68.025(A)(1)(b) “change in text in response
in state and/or federal laws” as regulations pertaining to electrical storage systems (ESS) which
include BESS have greatly expanded (see Exhibit 12) with the adoption of the 2021 Building Code on
March 15, 2024.
15. ACC 18.68.030 outlines the procedural requirements to complete a Substantive Zoning Text
Amendment.
B. A “Zoning Text Amendment” is an application to change the text of ACC Title 18. This type of
application or initiation shall be processed as a legislative nonproject decision, consistent with ACC
14.03.060. Public notice shall be provided consistent with ACC Title 14.
1. Substantive Zoning Text Amendments. For the purposes of this chapter, substantive zoning
text amendments shall be distinguished from procedural or administrative amendments in
accordance with the following: “Substantive” matters relate to regulations that define or limit
what can be done in terms of conduct, use or action (e.g., what land use may be made of property,
what requirements apply to development, and what public infrastructure may be required of
certain developments). “Procedural” or “administrative” matters are those that relate to the
process of how an application to take such action must be pursued (e.g., time limits for decisions
and appeals, what forms must be used, and where or how applications must be submitted.
Essentially, “procedural” or “administrative” matters are the mechanical rules by which
substantive issues may be pursued.) Substantive text amendments shall be reviewed by the
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Staff Member: Clark Date: Mar. 24, 2026
Page 5 of 5
Planning Commission, and the Planning Commission shall conduct a public hearing and make a
recommendation before being presented to the City Council for consideration and action.
16. A Notice of Public Hearing (NOH) will be issued on March 25, 2026. Pursuant to ACC 18.68.030(B)(1),
the following methods of noticing for the Planning Commission public hearing were conducted:
a. The NOH was published in the Seattle Times on March 25, 2026.
b. The NOH was posted at two public locations (City Hall and City Annex).
c. The NOH was posted on City’s Public Land Use Notice webpage.
17. A public hearing is scheduled by the Planning Commission on April 7, 2026. The City has received
many comments pertaining to the NOH, however Staff will provide any additional comments received
to Planning Commission at the time of the scheduled Public Hearing.
EXHIBITS:
1. BESS Presentation
2. ACC 18.04.174 Text Amendment
3. ACC 18.07.020 Text Amendment
4. ACC 18.23.020 Text Amendment
5. Chapter 18.29 ACC Text Amendment
6. ACC 18.31.240 Text Amendment
7. ACC 18.35.030 Text Amendment
8. 12/2/2025 Planning Commission Memo
9. 12/2/2025 Planning Commission Presentation
10. 1/6/2026 Planning Commission Memo
11. 1/6/2026 Planning Commission Presentation
12. 2/3/2026 Planning Commission Memo
13. 2/3/2026 Planning Commission Presentation
14. Public Comments Received
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C H A R A C T E R
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C E L E B R AT I O N
PLANNING COMMISSION
ENERGY STORAGE
SYSTEM CODE UPDATE
PRESENTED BY
GABRIEL CLARK, PLANNER II
APRIL 7, 2026
Department of Community Development
Planning Building Development Engineering Permit Center
Economic Development Code Enforcement
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Define tiers, separated by capacity
Determine appropriate zones
Determine appropriate land use approval pathways
Coordinate existing regulations with proposed
development standards
PURPOSE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
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ACC 18.04.174 Definitions
ACC 18.07.020 Residential
Use Table
ACC 18.23.030 Commercial
and Industrial Use Table
Chapter 18.29 DUC
ACC 18.31.240
Supplemental Development
Standards
ACC 18.31.030 Special
Purpose Use Table
APPLICABLE SECTIONS IN CITY CODE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 293 of 451
Washington Administrative Code (WAC) 51-54A- 1207
International Fire Code (IFC) Chapter 12
National Fire Protection Association (NFPA)
City of Auburn Engineering Design Standards
APPLICABLE REGULATIONS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 294 of 451
Allowed as a Type I
decision
Stored energy capacity
limited to 100 kWh
Accessory to primary use
TIER I
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 295 of 451
Allowed as a Type II
decision
Energy capacity up to 4
MWh
Restricted to higher
intensity land uses
TIER II
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 296 of 451
Allowed as a Type II or
Type III decision
Stored energy capacities in
excess of 4 MWh
Restricted to heavy
commercial and industrial
land uses
TIER III
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 297 of 451
R-FR-NMR-4 R-3R-2R-1RC
PPPPPPPTier I
XCCCXXXTier II
XXXXXXXTier III
ZONING CLASSIFICATION
RESIDENTIAL
Page 298 of 451
M-2M-1C-AGC-2C-1DUC
PPPPPPTier I
CAXCXCTier II
CCXCXXTier III
ZONING CLASSIFICATION
COMMERCIAL & INDUSTRIAL
Page 299 of 451
ZONING CLASSIFICATION
SPECIAL PURPOSE
OSIP-1
PPPTier I
XAATier II
XXXTier III
Page 300 of 451
Concerns over fire safety
Concerns over environmental precautions
Concerns regarding the permitted thresholds
PUBLIC COMMENTS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 301 of 451
Planning Commission to recommend to City Council
approval of the Battery Energy Storage System text
amendments included as Exhibits 2 through 7.
RECOMMENDATION
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 302 of 451
AUBURN
VALUES
S E R V I C E
ENVIRONMENT
E C O N O M Y
C H A R A C T E R
SUSTAINABILITY
W E L L N E S S
C E L E B R AT I O N
Department of Community Development
Planning Building Development Engineering Permit Center
Economic Development Code Enforcement
QUESTIONS?
Page 303 of 451
--------------------------------
Ordinance No. 7014
March 30, 2026
Page 1 of 4 Rev. 2026
ORDINANCE NO. 7014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO BATTERY
ENERGY STORAGE SYSTEMS, AMENDING SECTIONS
18.07.020, 18.23.030, 18.35.030, CHAPTER 18.29 AND
ESTABLISHING TWO NEW SECTIONS 18.04.174 AND
18.31.240 OF THE AUBURN CITY CODE
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; and
WHEREAS, the City’s development regulations, specifically the land use category
of “Utility facilities and substations” in Auburn City Code (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 infrastructure; and
WHEREAS, the Auburn City Council adopted a six-month moratorium under
Ordinance No. 6978 on May 5, 2025, and a six-month extension under Ordinance No.
6995 on November 3, 2025; and
Page 304 of 451
--------------------------------
Ordinance No. 7014
March 30, 2026
Page 2 of 4 Rev. 2026
WHEREAS, Pursuant to Chapter 36.70A of the Revised Code of Washington
(RCW), requires that a text amendment shall be amended with public participation; and
WHEREAS, pursuant to the Washington Administrative Code (WAC) 197-11-340,
the City of Auburn issued a Determination of Nonsignificance on January 28, 2026, under
City File No. SEP24-0021; and
WHEREAS, pursuant to RCW 36.70A.106, the draft text amendments were
transmitted to the Washington State Department of Commerce on January 2, 2026. The
60-day notice comment period ended on March 3, 2026, and no comments were received
from the Department of Commerce; and
WHEREAS, a Notice of Public Hearing was issued on March 27, 2026, pursuant
to ACC 14.03.060, the Notice of Public Hearing was distributed to the Seattle Times,
posted at two public locations (City Annex and City Hall), and posted on the City’s Public
Land Use Notice webpage; and
WHEREAS, following the conclusion of the public hearing on April 7, 2026, and
subsequent deliberations, the Auburn Planning Commission made a recommendation to
the Auburn City Council on the approval of the proposed Battery Energy Storage System
text amendments as described in Section 1 of this Ordinance; and
WHEREAS, the Auburn City Council reviewed the recommendations of the Auburn
Planning Commission for the Battery Energy Storage System zoning text amendments at
the April 13th, 2026, Study Session.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
DO ORDAIN as follows:
Page 305 of 451
--------------------------------
Ordinance No. 7014
March 30, 2026
Page 3 of 4 Rev. 2026
Section 1. Amendment to City Code. These amendments establish
definitions, use classifications, and development standards for Battery Energy Storage
Systems, including a tiered regulatory framework. Section 18.04.174 of the Auburn City
Code is established to read as shown in Exhibit A. Section 18.07.020 of the Auburn City
Code is amended to read as shown in Exhibit B. Section 18.23.030 of the Auburn City
Code is amended to read as shown in Exhibit C. Chapter 18.29 of the Auburn City Code
is amended to read as shown in Exhibit D. Section 18.31.240 of the Auburn City Code is
established to read as shown in Exhibit E. Section 18.35.030 of the Auburn City Code is
amended to read as shown in Exhibit F.
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.
Section 4. Corrections. The City Clerk and the codifiers of this Ordinance are
authorized to make necessary corrections to this Ordinance including, but not limited to,
the correction of scrivener’s/clerical errors, references, Ordinance numbering,
section/subsection numbers, and any references thereto.
Section 5. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
Page 306 of 451
--------------------------------
Ordinance No. 7014
March 30, 2026
Page 4 of 4 Rev. 2026
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Published: _____________________________________________________________
Page 307 of 451
Chapter 18.04 ACC, Definitions Page 1 of 1
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Chapter 18.04
DEFINITIONS
Sections:
18.04.174 Battery energy storage system (BESS)
18.04.174 Battery energy storage systems (BESS)
“Battery energy storage systems” means a rechargeable energy storage system consisting
of batteries, battery chargers, controls, and associated electrical equipment designed to
store and distribute electrical power. These systems are typically used to provide standby
or emergency power, an uninterruptable power supply, load shedding, load sharing, or
similar capabilities.
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should
contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Hosted by General Code.
Page 308 of 451
ACC 18.07.020, Uses Page 1 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
18.07.020 Uses.
Table 18.07.020. Permitted Use Table – Residential Zones
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-2 R-3 R-4 R-NM R-F
A. Residential Uses.
Accessory dwelling units subject to the provisions
contained in Chapter 18.32 ACC
P1 P1 P1 P1 P1 P1 P1
Accessory use, residential P P P P P P P
Adult family home P P P P P P1 P
Apartments (7 units or more) X X X P11 P P X
Bed and breakfast or short-term rentals P P P P P X P
Caretaker apartment X X X X X P X
Communal residence P P P P P X P
Foster care homes P P P P P X P
Group residence facilities (7 or more residents) X X X P P P P
Group residence facilities (6 or fewer residents) P P P P P P P
Keeping of animals4 P2 P2 P2 P2 P2 P2 P2
Middle housing subject to the provisions in Chapter
18.25 ACC (2 to 6 units)
P P P P P P P
Page 309 of 451
ACC 18.07.020, Uses Page 2 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-2 R-3 R-4 R-NM R-F
Neighborhood recreational buildings and facilities
owned and managed by the neighborhood
homeowners’ association
A6 A6 A6 A6 A6 P P
Use as dwelling units of (1) recreational vehicles
that are not part of an approved recreational
vehicle park, (2) boats, (3) automobiles, and (4)
other vehicles
X X X X X X X
Renting of rooms, for lodging purposes only, to
accommodate not more than two persons in
addition to the family or owner occupied unit8
P P P P P P P
Residential care facilities including but not limited
to assisted living facilities, convalescent homes,
continuing care retirement facilities
P P P P P P P
Single-unit detached dwellings, new P P P X X X P
Supportive housing (permanent), subject to the
provisions of ACC 18.31.160
P P P P P P P
Swimming pools, tennis courts and similar outdoor
recreation uses only accessory to residential or
park uses
P P P P P P P
Townhouses (attached) X X X X P P P
Transitional housing P P P P P P P
B. Commercial Uses.
Page 310 of 451
ACC 18.07.020, Uses Page 3 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-2 R-3 R-4 R-NM R-F
Commercial horse riding and bridle trails A X X X X X X
Commercial recreation facility, indoor X X X X P P X
Commercial retail establishment X X A A P P A
Convenience store X X X X P P X
Daycare, limited to a mini daycare center. Daycare
center, preschool or nursery school may also be
permitted but must be located on an arterial
X P P P P P P
Grocery or specialty food store X X X A P P A
Home-based (or family) daycare as regulated by
RCW 35.63.185 and through receipt of approved
city business license
P P P P P P P
Home occupations subject to compliance with
Chapter 18.60 ACC
P P P P P P P
Marijuana cooperative X X X X X X X
Marijuana processor X X X X X X X
Marijuana producer X X X X X X X
Marijuana-related business X X X X X X X
Marijuana researcher X X X X X X X
Marijuana retailer X X X X X X X
Page 311 of 451
ACC 18.07.020, Uses Page 4 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-2 R-3 R-4 R-NM R-F
Marijuana transporter business X X X X X X X
Mixed-use development310 X X X P P P P
Personal service shop X X A P P P P
Nursing homes X X X X C C C
Privately owned and operated parks and
playgrounds and not homeowners’ association-
owned recreational area
X A A A A P P
Professional offices X X A A P9 P P
Restaurant, café, or coffee shop X X A A P P A
Neighborhood retail establishment X X A A P P P
C. Resource Uses.
Agricultural enterprise:7
When 50 percent, or more, of the total site area is
dedicated to active agricultural production during
the growing season, and with 52 or less special
events per calendar year
A7 X X X X X X
When less than 50 percent of the total site area is
dedicated to active agricultural production during
the growing season, or with more than 52 special
events per calendar year
C7 X X X X X X
Page 312 of 451
ACC 18.07.020, Uses Page 5 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-2 R-3 R-4 R-NM R-F
Agricultural type uses are permitted provided they
are incidental and secondary to the single-family
use:
Agricultural crops and open field growing
(commercial)
P X X X X X X
Barns, silos and related structures P X X X X X X
Commercial greenhouses P X X X X X X
Pasturing and grazing4 P X X X X X X
Public and private stables4 P X X X X X X
Roadside stands, for the sale of agricultural
products raised on the premises. The stand cannot
exceed 300 square feet in area and must meet the
applicable setback requirements.
P X X X X X X
Fish hatcheries C X X X X X X
D. Government, Institutional, and Utility Uses.
Civic, social and fraternal clubs X X X X A A A
Government facilities A A A A A A A
Hospitals (except animal hospitals) X X X X X C C
Municipal parks and playgrounds A P P P P P P
Page 313 of 451
ACC 18.07.020, Uses Page 6 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-2 R-3 R-4 R-NM R-F
Museums X X X X A A A
Religious institutions, less than one acre lot size12 A A A A A A A
Religious institutions, one acre or larger lot size12 C C C C C C C
Transmitting towers C C C C C C C
Type 1-D wireless communications facility (see ACC
18.04.912(W) and 18.31.100)
P P P P P P P
Eligible facilities request (EFR) (wireless
communications facility – See ACC 18.04.912(H))
P P P P P P P
Utility facilities and substations C5 C5 C5 C5 C5 C5 C5
Battery Energy Storage Systems, Tier I P13 P13 P13 P13 P13 P13 P13
Battery Energy Storage Systems, Tier II X X X C13 C13 C13 x
Battery Energy Storage Systems, Tier III X X X X X X X
Small wireless facilities (ACC 18.04.912(Q)) P P P P P P P
1 An accessory dwelling unit may be permitted with an existing single-unit residence pursuant to Chapter
18.32 ACC.
2 Please see the supplemental development standards for animals in ACC 18.31.220.
3 Individual uses that make up a mixed-use development must be permitted within the zone. If a use making
up part of a mixed-use development requires an administrative or conditional use permit, the individual use
must apply for and receive the administrative or conditional use approval, as applicable.
Page 314 of 451
ACC 18.07.020, Uses Page 7 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
4 Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is
regulated by the King or Pierce County board of health, and property owners shall comply with the provisions
of the board of health code.
5 Excludes all public and private utility facilities addressed under ACC 18.02.040(E).
6 Administrative use permit not required when approved as part of a subdivision or binding site plan.
7 Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210,
Agricultural enterprises development standards.
8 An owner occupant that rents to more than two persons but no more than four persons is required to
obtain a city of Auburn rental housing business license and shall meet the standards of the International
Property Maintenance Code.
9 As component of mixed-use developments and/or office ground floor uses permitted up to 5,000 square
feet.
10 Commercial uses permitted outright, or allowed administratively or conditionally in this table may be
allowed as part of mixed-use development.
11 Apartment buildings and mixed-use development consisting of no more than 20 units and three stories per
lot is permitted.
12 Reference ACC 18.31.165 for standards related to homeless encampments hosted by a religious
organization.
13 Reference ACC 18.31.240 for standards related to Battery Energy Storage Systems (BESS).
(Ord. 6977 § 1 (Exh. A), 2025; Ord. 6959 § 1 (Exh. A), 2024; Ord. 6799 § 5 (Exh. E), 2020; Ord. 6642 § 4, 2017; Ord.
6600 § 9, 2016; Ord. 6565 § 2, 2015; Ord. 6560 § 9, 2015; Ord. 6477 § 8, 2013; Ord. 6369 § 2, 2011; Ord. 6363 § 3,
2011; Ord. 6269 § 3, 2009; Ord. 6245 § 5, 2009.)
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should
contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Hosted by General Code.
Page 315 of 451
ACC 18.23.030, Uses Page 1 of 11
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
18.23.030 Uses.
A. General Permit Requirements. Table 18.23.030 identifies the uses of land allowed in each
commercial and industrial zone and the land use approval process required to establish each
use.
B. Requirements for Certain Specific Land Uses. Where the last column (Standards for Specific
Land Uses) in Table 18.23.030 includes a reference to a code section number, the referenced
section determines other requirements and standards applicable to the use regardless of
whether it is permitted outright or requires an administrative or conditional use permit.
C. Uses Affected by the Airport Overlay. Refer to Chapter 18.38 ACC to determine whether uses
are separately prohibited by that chapter or will be required to comply with additional
regulations that are associated with the airport overlay.
Table 18.23.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone,
Commercial and Industrial Zones
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation
Standards for Specific
Land Uses
C-1 C-2 C-AG M-1 M-2
INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING
Building contractor, light X P X P P
Building contractor, heavy X X X A P
Manufacturing, assembling and packaging –
Light intensity
X P X P P ACC 18.31.180
Page 316 of 451
ACC 18.23.030, Uses Page 2 of 11
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation
Standards for Specific
Land Uses
C-1 C-2 C-AG M-1 M-2
Manufacturing, assembling and packaging –
Medium intensity
X A X P P ACC 18.31.180
Manufacturing, assembling and packaging –
Heavy intensity
X X X X A ACC 18.31.180
Marijuana processor X X X C C Chapter 18.59 ACC
Marijuana producer X X X C C Chapter 18.59 ACC
Marijuana researcher X X X C C Chapter 18.59 ACC
Marijuana retailer X C X C C Chapter 18.59 ACC
Marijuana transporter business X X X C C Chapter 18.59 ACC
Outdoor storage, incidental to principal
permitted use on property
X P X P P ACC 18.57.020(A)
Storage – Personal household storage facility
(mini-storage)
P P X P P ACC 18.57.020(B)
Warehousing and distribution X X X P C ACC 18.57.020(C)
Warehousing and distribution, bonded and
located within a designated foreign trade
zone
X P X P P
Page 317 of 451
ACC 18.23.030, Uses Page 3 of 11
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation
Standards for Specific
Land Uses
C-1 C-2 C-AG M-1 M-2
Wholesaling with on-site retail as an
incidental use (e.g., coffee, bakery)
X P X P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Commercial recreation facility, indoor P P P P A
Commercial recreation facility, outdoor X A A P A ACC 18.57.025(A)
Conference/convention facility X A X A X
Library, museum A A X A X
Meeting facility, public or private P P X A A
Movie theater, except drive-in P P P X X
Private school – Specialized
education/training (for profit)
A P P P P
Religious institutions, lot size less than one
acre
P P A A A ACC 18.31.165
Religious institutions, lot size more than one
acre
P P A A A ACC 18.31.165
Sexually oriented businesses X P X P P Chapter 18.74 ACC
Page 318 of 451
ACC 18.23.030, Uses Page 4 of 11
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation
Standards for Specific
Land Uses
C-1 C-2 C-AG M-1 M-2
Sports and entertainment assembly facility X A X A A
Studio – Art, dance, martial arts, music, etc. P P P P A
RESIDENTIAL
Apartment units, as part of a mixed-use
development 2
X P P P X ACC 18.57.030
Apartments, standalone X X X X X
Caretaker apartment P P X P P
Indoor emergency housing or shelter P P P A A ACC 18.31.160
Live/work unit, as part of a mixed-use
development 2
X P P P X
Live/work unit, standalone 3 X X X X X
Work/live unit, as part of a mixed-use
development 2
X P P P X
Work/live unit, standalone 3 X X X X X
Marijuana cooperative X X X X X
Page 319 of 451
ACC 18.23.030, Uses Page 5 of 11
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation
Standards for Specific
Land Uses
C-1 C-2 C-AG M-1 M-2
Nursing home, assisted living facility P P C X X
Senior housing2 X A X X X
Supportive housing (permanent) P P P A A ACC 18.31.160
Transitional housing P P P A A ACC 18.31.160
RETAIL
Building and landscape materials sales X P X P P ACC 18.57.035(A)
Community retail establishment P P P P P
Construction and heavy equipment sales and
rental
X X X A P
Convenience store A P X P P
Drive-through espresso stands A P A P A
Drive-through facility, including banks and
restaurants
A P P P P ACC 18.52.040
Entertainment, commercial A P X A A
Groceries, specialty food stores P P P P X
Page 320 of 451
ACC 18.23.030, Uses Page 6 of 11
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation
Standards for Specific
Land Uses
C-1 C-2 C-AG M-1 M-2
Neighborhood retail establishment P P P P P
Nursery X P A P P ACC 18.57.035(C)
Outdoor displays and sales associated with a
permitted use (auto/vehicle sales not
included in this category)
P P P P P ACC 18.57.035(D)
Regional retail establishment X P P P A
Restaurant, cafe, coffee shop P P P P P
Tasting room P P P P P
Tavern P P P P A
Wine production facility, small craft distillery,
small craft brewery
P P P P P
SERVICES
Animal daycare (excluding kennels and
animal boarding)
A P A P P ACC 18.57.040(A)
Animal sales and services (excluding kennels
and veterinary clinics)
P P P P P ACC 18.57.040(B)
Page 321 of 451
ACC 18.23.030, Uses Page 7 of 11
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation
Standards for Specific
Land Uses
C-1 C-2 C-AG M-1 M-2
Banking and related financial institutions,
excluding drive-through facilities
P P P P P
Catering service P P A P P
Daycare, including mini daycare, daycare
center, preschools or nursery schools
P P P P X
Dry cleaning and laundry service (personal) P P P P P
Equipment rental and leasing X P X P P
Kennel, animal boarding X A X A A ACC 18.57.040(C)
Government facilities; this excludes offices
and related uses that are permitted outright
A A A A A
Hospital P P X P P
Lodging – Hotel or motel P P P A A
Medical – Dental clinic P P P P X
Mortuary, funeral home, crematorium P P X P X
Personal service shops P P P P X
Page 322 of 451
ACC 18.23.030, Uses Page 8 of 11
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation
Standards for Specific
Land Uses
C-1 C-2 C-AG M-1 M-2
Pharmacies P P P X X
Print and copy shop P P P P X
Printing and publishing (of books, newspaper
and other printed matter)
A P P P P
Professional offices P P P P P
Repair service – Equipment, appliances A P P P P ACC 18.57.040(D)
Veterinary clinic, animal hospital P P P P X
Youth community support facility P X X X X ACC 18.57.040(E)
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Ambulance, taxi, and specialized
transportation facility
X A X P P
Broadcasting studio P P X P P
Heliport X C X C C
Motor freight terminal1 X X X X X See Footnote No. 1
Parking facility, public or commercial, surface P P P P X
Page 323 of 451
ACC 18.23.030, Uses Page 9 of 11
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation
Standards for Specific
Land Uses
C-1 C-2 C-AG M-1 M-2
Parking facility, public or commercial,
structured
P P P P X
Battery Energy Storage Systems, Tier I P P P P P ACC 18.31.240
Battery Energy Storage Systems, Tier II X C X A C ACC 18.31.240
Battery Energy Storage Systems, Tier III X C X C C ACC 18.31.240
Towing storage yard X X X A P ACC 18.57.045(A)
Utility transmission or distribution line or
substation
A A A A A
Wireless communications facility (WCF) (See
ACC 18.04.912(W))
* * * * * *See ACC 18.31.100 for
use regulations and zoning
development standards.
Eligible facilities request (EFR) (wireless
communications facility) (See ACC
18.04.912(H))
P P P P P
Small wireless facilities (ACC 18.04.912(Q)) P P P P P
VEHICLE SALES AND SERVICES
Page 324 of 451
ACC 18.23.030, Uses Page 10 of 11
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation
Standards for Specific
Land Uses
C-1 C-2 C-AG M-1 M-2
Automobile washes (automatic, full or self-
service)
A P P P P ACC 18.57.050(A)
Auto parts sales with installation services A P P P P
Auto/vehicle sales and rental A P X P P ACC 18.57.050(B)
Fueling station A P P P P ACC 18.57.050(C)
Mobile home, boat, or RV sales X P X P P
Vehicle services – Repair/body work X P X P P ACC 18.57.050(D)
OTHER
Any commercial use abutting a residential
zone which has hours of operation outside of
the following: Sunday: 9:00 a.m. to 10:00 p.m.
or Monday – Saturday: 7:00 a.m. to 10:00 p.m.
A A A A A
Other uses may be permitted by the planning
director or designee if the use is determined
to be consistent with the intent of the zone
and is of the same general character of the
uses permitted. See ACC 18.02.120(C)(6),
Unclassified Uses.
P P P P P
1 Any motor freight terminal, as defined by ACC 18.04.635, in existence as of the effective date of the
ordinance codified in this section, is an outright permitted use in the M-1 and M-2 zones. Any maintenance,
Page 325 of 451
ACC 18.23.030, Uses Page 11 of 11
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
alterations and additions to an existing motor freight terminal which are consistent with ACC 18.23.040,
Development standards, are allowed.
2 Any mixed-use development or senior housing project vested prior to Resolution No. 5187 (December 7,
2015) is an outright permitted use in the C-1 zone. Subsequently, if a nonresidential use within a vested
mixed-use development changes, then the nonresidential use shall maintain a minimum of 10 percent of the
cumulative building ground floor square footage consisting of the uses permitted outright, administratively, or
conditionally, listed under “Recreation, Education, and Public Assembly,” “Retail,” or “Services” of the C-1 zone.
3 Any standalone live/work units or standalone work/live units vested prior to the effective date of the
ordinance codified in this chapter are outright permitted uses.
(Ord. 6977 § 1 (Exh. A), 2025; Ord. 6959 § 1 (Exh. A), 2024; Ord. 6885 § 1 (Exh. A), 2022; Ord. 6838 § 1 (Exh. A),
2021; Ord. 6799 § 6 (Exh. F), 2020; Ord. 6728 § 3 (Exh. C), 2019; Ord. 6688 § 1 (Exh. 1), 2018; Ord. 6644 § 2, 2017;
Ord. 6642 § 9, 2017; Ord. 6508 § 1, 2014; Ord. 6433 § 26, 2012.)
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should
contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Hosted by General Code.
Page 326 of 451
Chapter 18.29 ACC, DUC Downtown Urban Center District Page 1 of 1
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Chapter 18.29
DUC DOWNTOWN URBAN CENTER DISTRICT
Sections:
18.29.050 Use limitations.
18.29.054 Uses/activities requiring a conditional use permit.
18.29.050 Use limitations.
Hereafter, all buildings, structures or properties may be used for any use, unless speciflcally
prohibited herein. Ground fioor retail, restaurants and/or office use is required for all building
frontages facing Main Street. All uses shall be subject to review and approval by the director.
The following uses are prohibited:
A. The following uses are prohibited in all DUC zoning districts:
1. Battery Energy Storage Systems, Tier III.
18.29.054 Uses/activities requiring a conditional use permit.
A. The following uses/activities may be permitted in the DUC Core 75, Core 125, and H-W
Districts when a conditional use permit has been issued pursuant to the provisions of
Chapter 18.64 ACC:
1. Battery Energy Storage System, Tier II.
B. The following uses/activities may be permitted in the DUC M-1 when a conditional use
permit has been issued pursuant to the provisions of Chapter 18.64 ACC:
1. Heliport.
2. All marijuana-related businesses.
3. Battery Energy Storage System, Tier II.
Page 327 of 451
Chapter 18.31 ACC, Supplemental Development Standards Page 1 of 4
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Chapter 18.31
SUPPLEMENTAL DEVELOPMENT STANDARDS
Sections:
18.31.240 Battery energy storage systems (BESS)
18.31.240 Battery energy storage systems (BESS)
A. Purpose. The requirements contained in this section are intended to capture the
minimum requirements set by International Code Councils, National Laboratories, and
State Law. This section contains general and speciflc standards applicable to all BESS, and
speciflc standards for each tier of BESS.
B. General Standards.
1. Adoption by reference. WAC 51-54A-1207 including any amendments thereto, are
adopted by reference as if fully set forth in addition to IBC, IFC, and NFPA.
2. Setbacks. BESS shall comply with the minimum setback requirements of the
underlying zoning district.
3. Noise. Average operational noises heard at the property line to adjacent land uses
shall subject to Chapter 8.28 ACC and be limited to;
a. Residential: 60 decibels.
b. Commercial: 65 decibels.
c. Industrial: 70 decibels.
4. Safety. BESS and equipment shall be UL 9540 certifled in accordance with IFC
1207.
5. Floodplain. BESS sited on properties which contain the 100-year fioodplain or
Special Flood Hazard Area (SFHA) shall be subject to the deflnitions and minimum
development standards contained in Chapter 15.68 ACC.
6. Critical Areas. In areas which contain regulated critical areas deflned in Chapter
16.10 ACC, BESS shall be subject to the standard buffer widths, applicable to each
critical area.
Page 328 of 451
Chapter 18.31 ACC, Supplemental Development Standards Page 2 of 4
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
7. Supplemental Information Required for Applications. For BESS installations that
surpass the energy storage capacities identifled in the Threshold Quantities table of
WAC 51-54A-1207 the permit application shall contain the following information:
a. Construction Documents. The applicant shall include all information
specifled in WAC 51-54A-1207.
b. Commissioning Plan. The applicant shall submit a commissioning plan
consistent with the requirements of WAC 51-54A-1207.
c. Decommissioning Plan. The applicant shall submit a decommissioning
plan consistent with the requirements of WAC 51-54A-1207.
d. Hazard Mitigation Analysis. The applicant shall submit a hazard mitigation
analysis consistent with the requirements of WAC 51-54A-1207.
C. BESS, Tier I.
1. Capacity Threshold. BESS, Tier I shall be limited to 100 kWh of total system
capacity.
2. Location. BESS, Tier I may be installed only in the following locations as specifled
in WAC 51-54A-1207:
a. Within utility closets, basements, and storage or utility spaces.
b. In attached or detached garages and detached accessory structures.
c. On exterior walls.
d. Outdoors on the ground.
3. Screening. If installed exterior to the structure, BESS, Tier I shall be screened from
the public right-of-way and located behind the extent of the front façade of the
primary structure on the property.
D. BESS, Tier II and BESS, Tier III
1. Capacity Threshold. BESS, Tier II shall not exceed a total energy capacity of 4
MWh. BESS Tier, III includes systems with a total energy capacity beyond 4 MWhs.
2. System Testing. Large-scale flre testing shall be conducted on a representative
BESS in accordance with UL 9540A by the methods contained in Chapter 12 IFC.
3. Location. If located within rooms, areas, or walk in structures, capacities shall not
exceed the maximum allowable quantities contained in WAC 51-54A-1207.
Page 329 of 451
Chapter 18.31 ACC, Supplemental Development Standards Page 3 of 4
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
4. Fencing. BESS that does not occur within an enclosed principal structure shall be
fenced with a self-locking gate in accordance to Chapter 12 IFC. Fencing shall
comply with ACC 18.31.020 applicable to the zone in which the site is located.
5. Vegetation Control. Areas within 10 feet on each site of outdoor BESS shall be
cleared of combustible vegetation and other combustible growth per Chapter 12
IFC .
6. Secondary Containment and Spill Neutralization. Secondary containment
facilities shall meet the applicable standards contained in the current National
Pollutant Discharge Elimination System (NPDES) and the City of Auburn Engineering
Design Standards and as amended. Secondary spill containment and neutralization
shall comply with Chapter 12 IFC.
7. Access. Where access to a facility is provided from a street that would otherwise
function as a dead-end, a minimum of one secondary emergency vehicle access
(EVA) route shall be provided to allow alternate emergency repose access and
staging.
The secondary EVA shall be designed and constructed in accordance with the City
of Auburn Engineering Design Standards and applicable flre code requirements and
shall provide a continuous, unobstructed route suitable for emergency vehicle
operations.
8. Hydrant Spacing. Hydrant spacing shall meet the minimum requirements for
commercial structures in the City of Auburn Engineering Design Standards and as
amended.
9. Insurance. The permit applications shall contain the information cited by ACC
18.31.240(B)(7) including:
a. Insurance. The owner and/or operator of the BESS facility shall maintain
liability insurance to include pollution liability for the project with the City of
Auburn named as loss payee and/or additional insured, with coverage
extending to decommissioning activities. The insurance shall cover the
estimated costs associated with decommissioning activities specifled by the
decommissioning plan. The insurance policy shall be active until all
requirements of the decommissioning plan are satisfled. Proof of insurance
shall be provided to the City of Auburn prior to permit issuance and annually
after that.
Page 330 of 451
Chapter 18.31 ACC, Supplemental Development Standards Page 4 of 4
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
i. Abandonment. BESS shall be considered abandoned when it ceases
to operate consistently or when permits issued for the facility have
been suspended or revoked. If the owner and/or operator fails to
comply with decommissioning upon any abandonment, the City of
Auburn may, at its discretion, enter the property and utilize the
available insurance for the removal of the facility and restore the site
in accordance with the approved decommissioning plan.
10. Land Use Decision. In respect to the land use decision required by the
applicable zoning district, by authorization of an administrative use or conditional
use permit, the planning director or designee, or hearing examiner may attach
thereto conditions regarding the location, character, and other features of the
proposed structure or use as they may deem necessary to carry out the intent and
purpose of this title and in the public interest.
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should
contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Hosted by General Code.
Page 331 of 451
ACC 18.35.030, Uses Page 1 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
18.35.030 Uses.
A. General Permit Requirements. Table 18.35.030 identifies the uses of land allowed in each
special purpose zone and the planning permit required to establish each use.
B. Requirements for Certain Specific Land Uses. Where the last column (Standards for Specific
Land Uses) in Table 18.35.030 includes a section number, the referenced section determines
other requirements and standards applicable to the use regardless of whether it is permitted
outright or requires an administrative or conditional use permit.
Table 18.35.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for
Specific Land Uses P-1 I OS
MARIJUANA-RELATED BUSINESSES
Marijuana processor X X X
Marijuana producer X X
18.
X
Marijuana researcher X X X
Marijuana retailer X X X
Marijuana transporter business X X X
Page 332 of 451
ACC 18.35.030, Uses Page 2 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for
Specific Land Uses P-1 I OS
PUBLIC
Animal shelter, public P X X
Government facilities; this excludes offices and
related uses that are permitted outright
P P C
Municipal parks and playgrounds P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY
Campgrounds X P P
Recreational vehicle parks, private X P X
Cemetery, public P A X
Cemetery, private X A X
College, university, public A A X
Commercial recreation facility – Indoor X P X
Commercial recreation facility – Outdoor X A C ACC 18.57.025(A)
Conference/convention facility X A X
Page 333 of 451
ACC 18.35.030, Uses Page 3 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for
Specific Land Uses P-1 I OS
Library, museum P P A
Meeting facility, public or private P P A
Private school – specialized education/training (for
profit)
X P X
Public schools (K-12) and related facilities P X X
Religious institutions, lot size less than one acre X P X
Religious institutions, lot size more than one acre X P X
Studio – Art, dance, martial arts, music, etc. X X X
RESIDENTIAL
Middle housing subject to the provisions in
Chapter 18.25 ACC (2 to 6 units)
X A1 X
Home occupation X P P Chapter 18.60 ACC
Live/work, work/live unit X A X
Apartments (7 or more units) X A2 X
One single-unit detached dwelling X X P4
Page 334 of 451
ACC 18.35.030, Uses Page 4 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for
Specific Land Uses P-1 I OS
Nursing home, assisted living facility X P X
Senior housing X A X
RETAIL
Marijuana cooperative X X X
Restaurant, cafe, coffee shop, excluding drive-
through facilities
P A X
SERVICES
Banking and related financial institutions,
excluding drive-through facilities3
X X X
Daycare, including mini daycare, daycare center,
preschools or nursery schools
X P A
Home-based daycare X P P
Medical services – Clinic or urgent care3 X X X
Mortuary, funeral home, crematorium X X X
Professional offices X A A
Page 335 of 451
ACC 18.35.030, Uses Page 5 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for
Specific Land Uses P-1 I OS
Personal service shops X X X
Pharmacies X X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Battery Energy Storage Systems, Tier I P P P See ACC 18.31.240
Battery Energy Storage Systems, Tier II A A X See ACC 18.31.240
Battery Energy Storage Systems, Tier III X X X See ACC 18.31.240
Utility facilities, substations, utility transmission or
distribution line
X X A See ACC
18.02.040(E)
Wireless communications facility (WCF) (See ACC
18.04.912(W))
* * * *See ACC 18.31.100
for use regulations
and zoning
development
standards.
Eligible facilities request (EFR) (Wireless
communications facility) (See ACC 18.04.912(H))
P P P
Small wireless facilities (ACC 18.04.912(Q)) P P P
Page 336 of 451
ACC 18.35.030, Uses Page 6 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for
Specific Land Uses P-1 I OS
Emergency wireless communications facility
(EWCF)
X P X See ACC 18.04.912
and 18.31.100
OTHER USES THAT ARE NOT LISTED
Other uses may be permitted by the planning
director or designee if the use is determined to be
consistent with the intent of the zone and is of the
same general character of the uses permitted
P P P
Notes:
1 Minimum lot area not applicable; duplexes must meet other development standards of the I zone.
2 Minimum lot area not applicable; apartments must meet other development standards of the I zone,
dwellings; provided, that 2,400 square feet of lot area is provided for each dwelling unit.
3 Permitted within a public college or university as an amenity or service provided to students: A stand-alone
bank or medical services/clinic is not permitted.
4 One single-unit detached dwelling unit per existing legal lot. No residential subdivisions permitted in the
open space zone.
(Ord. 6959 § 1 (Exh. A), 2024; Ord. 6894 § 1 (Exh. B), 2022; Ord. 6799 § 9 (Exh. I), 2020; Ord. 6716 § 1 (Exh. A),
2019; Ord. 6677 § 3, 2018; Ord. 6642 § 11, 2017; Ord. 6434 § 1, 2012.)
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Page 337 of 451
ACC 18.35.030, Uses Page 7 of 7
The Auburn City Code is current through Ordinance 7002, passed October 6, 2025.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should
contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Hosted by General Code.
Page 338 of 451
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 7017 (Thomas) (30 Minutes)
An Ordinance amending the City’s 2025-2026 Biennial Budget
April 13, 2026
Department: Attachments: Budget Impact:
Finance 2026 BA4, 2 - Ord 7017 BA#4
Transmittal memo, 3 - Ord 7017
BA#4 Ordinance, 2026 BA4 Ord
No 7017 Schedule A, 2026 BA4
Ord No 7017 Schedule B
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Ordinance No. 7017 (Budget Amendment #4) represents the fourth Budget Amendment for the 2025-
2026 Biennium. This amendment consists of true-ups of 2026 beginning balances, carry forwards of
unspent 2025 budget authority, adjustments to capital project and equipment budgets, recognition of
new grant awards and their associated expenditures, operating expenditure adjustments, and
Cumulative Fund reimbursements of expenditures related to the 2025-2026 flood event.
For details, see the attached transmittal memorandum and supporting materials.
Councilmember: Hanan Amer Staff: Jamie Thomas
Page 339 of 451
2025/2026
Budget Amendment #4
CITY COUNCIL STUDY SESSION
APRIL 13, 2026
Page 340 of 451
Budget Adjustment #4
Types of Adjustments
1.Fund Balance True Up
2.Carry Forward items from 2025
3.New programs with new offsetting revenue
4.New Programs
5.Sales Tax Change Impacts
6.Flood Impacts
7.Capital Project Adjustments
Page 341 of 451
General Fund –
Summary of Changes
1.$19.9 million increase Beginning Fund Balance
2.$4.4 million carryforward items from 2025 (17 items)
o Includes $2.8million in ARPA
3.$693,316 in programs with new revenue (12 items)
4.$587,885 in new programs (7 items)
5.$91,340 in sales tax impacts
6.$479,729 in flood impact
Page 342 of 451
General Fund –
Carry Forward Fund Balance Impact
Type Description Department Revenue Expenditure Net Impact
Fund Balance True Up All -$ -$ 19,939,825$
Carry Forward City Wide Strategic Plan Mayor/Council - 125,000 (125,000)
Carry Forward Multicultural Festival Administration - 836 (836)
Carry Forward Amerigroup Grant Administration 11,824 11,824 -
Carry Forward Lighting Install at ARC Legal/HS - 16,700 (16,700)
Carry Forward Stuck River Rd and Rainier Vista SubArea Community Development 599,174 599,174 -
Carry Forward Comp Plan Updates Community Development - 82,800 (82,800)
Carry Forward CDBG Grant Human Services 477,931 477,931 -
Carry Forward PD Grants PD 149,074 64,248 84,826
Carry Forward Public Art Maintenance Parks, Art, Rec - 4,105 (4,105)
Carry Forward Senior Center Furniture Parks, Art, Rec - 20,414 (20,414)
Carry Forward Childcare Room Flooring Parks, Art, Rec - 10,000 (10,000)
Carry Forward Kiwanis Club Sponsorships Fund Parks, Art, Rec - 8,435 (8,435)
Carry Forward Tourism Grants Parks, Art, Rec 42,430 24,430 18,000
Carry Forward Veteran's Memorial Park Pavers Parks, Art, Rec - 43,000 (43,000)
Carry Forward Roadway Painting Public Works 47,000 (47,000)
Carry Forward CTR Grant Public Works 77,670 47,670 30,000
Total Carry Forward and Fund Balance True Up Impacts 1,358,103$ 1,583,567$ 19,714,361$
Page 343 of 451
General Fund –
New Items Fund Balance Impact
Type Description Department Revenue Expenditure Net Impact
New Revenue 2026/2027 Public Defense Funds HR 33,950$ 33,950$ -$
New Revenue Recording Fees Community Development 15,000 15,000 -
New Revenue Port of Seattle Grant - Economic Dev Community Development 120,000 120,000 -
New Revenue Traffic Equipment Grant PD 3,000 3,000 -
New Revenue Main Street Traffic Signal Repair Public Works 244,900 233,930 10,970
New Revenue Golf Course Theft Parks, Art, Rec 9,416 9,416 -
New Revenue Cascade Bike Club Grants Parks, Art, Rec 162,613 162,613 -
New Revenue DSHS Special Rec Grant Parks, Art, Rec 20,000 20,000 -
New Revenue KCD Farmers Market Grant Parks, Art, Rec 25,000 25,000 -
New Revenue Senior Center VSHSL Grant Parks, Art, Rec (453) 453
New Revenue Mary Olson Farm Events Parks, Art, Rec 10,000 10,000 -
New Revenue Golf Course Operations Support Parks, Art, Rec 60,860 60,860 -
New Program 2026 Downtown Events Community Development 25,000 (25,000)
New Program Document Accessibility Non-Departmental 3,775 (3,775)
New Program Utility Costs Non-Departmental 107,568 (107,568)
New Program CBPS Compliance - ARC Non-Departmental 15,000 (15,000)
New Program CBA Agreements Non-Departmental 50,509 (50,509)
New Program Annual Software Licenses Non-Departmental 315,377 (315,377)
New Program Flock Safety Camera Additions PD 70,656 (70,656)
Sales Tax Public Works Vendors Public Works 51,000 (51,000)
Sales Tax Parks Vendors Parks, Art, Rec 8,990 (8,990)
Sales Tax Security Patrol and Monitoring Non-Deparmental 31,350 (31,350)
ARPA Misc Various 2,799,115 (2,799,115)
Flood Recovery 479,729 479,729 -
1,184,468$ 4,651,385$ (3,466,917)$ Total Impact of New Items
Page 344 of 451
All Other Funds -
Summary of Changes
1.$88.4 million increase Beginning Fund Balance
2.$2,796,569 carryforward items from 2025 (9 items)
3.$1,081,053 in new programs (6 items)
4.$5,306,245 in programs with new revenue (5 items)
5.$34,650 in sales tax impacts
6.$1,966,305 in flood impact
Page 345 of 451
All Other Funds –
Detailed Requests
Type Description Fund Revenue Expenditure Net Impact
Carry Forward ERP System Replacement Cumulative Reserve -$ 1,539,840$ (1,539,840)$
Carry Forward CDBG Funds Capital Improvement Fund 467,342 467,342 -
Carry Forward ARPA for Annual Traffic Signals Capital Improvement Fund 50,000 - 50,000
Carry Forward Traffic Safety Program Capital Improvement Fund 150,000 150,000 -
Carry Forward FCS Contract Water/Sewer/storm - 23,000 (23,000)
Carry Forward Ecology Grant Solid Waste 65,707 65,707 -
Carry Forward Mower Replacment Cemetery/ERR 19,000 19,000 -
Carry Forward Tree Removal Cemetery - 13,250 (13,250)
Carry Forward Misc Projects Facilities - 518,430 (518,430)
New Program Tourism Grants Hotel/Motel - 18,000 (18,000)
New Program Document Accessibility Water/Sewer/Storm 15,100 11,325 3,775
New Program CBA Adjustments ALL - 127,019 (127,019)
New Program IT Cost Recovery Water/Sewer/Storm/IT 370,970 55,593 315,377
New Program Water Meter Replacements Water - 750,000 (750,000)
New Program Stormwater Management Action Plan Storm - 119,116 (119,116)
New Revenue 15th Street Bridge Deck Transportation 3,695,000 4,087,000 (392,000)
New Revenue King County Parks Levy Parks Construction Fund 775,000 - 775,000
New Revenue WA Ecology Capacity Grant Storm 120,000 - 120,000
New Revenue AWOS Beacon Grant - WSDOT Airport 19,245 19,245 -
New Revenue Airport T-Hanger Upgrades Airport 1,200,000 1,200,000 -
Flood Recovery Flood Impact Cumulative Reserve - 1,966,305 (1,966,305)
Sales Tax Impacts Sales Tax Cemetery/Facilities 33,000 34,650 (1,650)
Total Adjustments - All Other Funds 6,980,364$ 11,184,822$ (4,204,458)$
Page 346 of 451
Next Steps:
April 20, 2026
◦Adopt BA#4
Page 347 of 451
Interoffice Memorandum
To: City Council
From: Jamie Thomas, Finance Director
CC: Nancy Backus, Mayor
Date: April 6, 2026
Re: Ordinance #7017 – 2025-2026 Budget Amendment #4
The City’s biennial 2025-2026 budget was approved by Council as two one-year appropriations. Budget
Amendment #4 will be the fourth budget amendment for the biennium and will update the 2026
appropriations. For details on specific requests to amend the biennial budget, please refer to the
accompanying Schedule A, Summary of 2026 Budget Adjustments by Fund. The purpose of this budget
amendment is to:
1. True up 2026 beginning balances to 2025 ending balances; and
2. Carry forward unspent 2025 budget authority for programs and costs that were budgeted and not
completed; and
3. Adjust capital project and equipment purchase budgets; and
4. Recognize new grant awards and their associated expenditures; and
5. Adjust operational expenditures; and
6. Recognize the effect of newly-taxable services defined by the Department of Revenue in 2025; and
7. Reimburse funds via the Cumulative Reserve for 2026 expenditures related to the flood event.
Net Effects on 2026 Fund Balance: The fund balance (or ending working capital for proprietary funds) of a
fund is affected when revenues and expenditures within a fund are not equal. If revenues exceed
expenditures, fund balance increases; if expenditures exceed revenues, fund balance decreases. Budget
Amendment No. 4 has the following effects on fund balance by fund type:
• General Fund (Fund 001) $ 16,247,444
• Special Revenue Funds (Funds 1*) 23,375,751
• Debt Service Funds (Funds 2*) 22,305
• Governmental Capital Funds (Funds 3*) 7,187,260
• Enterprise Funds (Funds 4*) 50,230,288
• Internal Service Funds (Funds 5*) 3,111,163
• Agency Funds (Funds 6*) 106,050
• Permanent Funds (Funds 6*) 101,473
NET EFFECT ON FUND BALANCE $ 100,381,734
Page 348 of 451
Beginning balance true-up: This amendment adjusts 2026 budgeted beginning fund balances to be equal
to 2025 ending fund balances. The net effect on fund balance from this adjustment is:
• General Fund $ 19,939,825
• Special Revenue Funds 27,291,896
• Debt Service Funds 22,305
• Governmental Capital Funds 6,362,260
• Enterprise Funds 51,182,722
• Internal Service Funds 3,287,142
• Agency Funds 106,050
• Permanent Fund 101,473
NET EFFECT ON FUND BALANCE $ 108,293,673
Carry forward 2025 budget authority: The main purpose of the first budget amendment of the year is to
carry forward remaining budget authority for identified programs and costs that were budgeted and not
completed in the prior year. The requested unspent expenditure authority from 2025 to be carried forward
into the 2026 budget year for all funds is $8,495,736, including $2,725,615 for projects whose costs are
mitigated by ARPA funding. These expenditures are offset by $3,402,137 of revenues, for a net effect on
fund balance of -$5,093,599.
Total 2025 to 2026 carryforwards have the following effects by fund type:
• General Fund (Fund 001) $ -3,049,079
• Special Revenue Funds (Funds 1*) -1,539,840
• Governmental Capital Funds (Funds 3*) 50,000
• Proprietary Funds (Funds 4*) -55,250
• Internal Service Funds (Funds 5*) -499,430
NET EFFECT ON FUND BALANCE $ -5,093,599
Adjust capital project budgets: These requests represent changes to project budgets to align with
updated timelines and project scopes in accordance with strategic planning. Shown below is the
additional expenditure authority requested, along with the additional expenditure authority and net
effect on citywide fund balance:
• Water meter replacements1 $ -750,000
• Airport T-Hangar upgrades (cp2518)2 0
• Purchase dump trailer for Housing Repair Program3 0
• Adjust Neighborhood Traffic Safety Program recording4 0
NET EFFECT ON FUND BALANCE $ -750,000
1 Adds budget for a project to replace approximately 1,000 water meters. The cost of this project was factored into the rate
study that determined the current water rates.
2 This project is funded by a $1.2M Community Aviation Revitalization Board (CARB) loan.
3 This request moves authority for purchase from the General Fund to ERR, so there is no effect on fund balance.
4 This program is currently split across Fund 102 (General Transportation) and Fund 328 (General Governmental Capital
Projects). It has been determined this entire project should be recorded in Fund 328.
Page 349 of 451
Grant awards and adjustments: These requests recognize the receipt of new grants not previously
budgeted, true-ups of previously approved grant budgets to award amounts, and authorization of
associated grant expenditures. As such, there is generally a net-zero effect on fund balance for these
requests unless a grant match is required. What is shown below is the additional expenditure authority
requested, which in each case is offset by a corresponding adjustment to revenue. These requests
include:
• WSDOT: 15th Street NW bridge deck (cp2520)5 $ 4,087,000
• Cascade Bicycle Club: Bike Program 162,613
• Port of Seattle: Economic Development 120,000
• WA Dept of Ecology: NPDES0 Permit6 0
• WSDOT: Commute Trip Reduction7 47,670
• Other grants (three total)8 78,950
NEW EXPENDITURE AUTHORITY $ 4,496,233
NET EFFECT ON FUND BALANCE $ -242,000
Adjust Operating Budget: These requests represent changes to the operating budget due to
revisions of existing budget authority and requests for new budget authority. Presented below is the
new expenditure authority requested, net of interfund activity.
• Main Street traffic signal repair9 $ 233,930
• Teamsters collective bargaining agreement 177,528
• Stormwater management action plan 119,116
• Facilities utility cost recovery10 107,528
• Twenty additional Flock safety cameras11 70,656
• Golf operations support position (temp/seasonal) 12 60,860
• Increase King County Parks Levy funding13 0
• Other operating adjustments (ten total)14 112,563
NEW EXPENDITURE AUTHORITY $ 882,221
NET EFFECT ON FUND BALANCE $ 232,955
5 Requires $390,000 of City matching funds.
6 This grant results in an increase of ending balance of $120,000 as the associated expenditures were previously budgeted.
7 Due to the timing of grant reimbursements, this grant will result in an increase of $30,000 to ending balance.
8 WA Office of Public Defense SPAR grant ($33,950), King Conservation District farmer’s market grant ($25,000),
Department of Social and Health Services (DSHS) specialized recreation programs grant ($20,000).
9 Expense offset by insurance recovery, resulting in a $10,970 increase to fund balance due to the timing of recoveries.
10 Reimburses the Facilities fund for 2025 utility expenses and adds the amount to Facilities expenditure authority to offset
reduced budget available for carryforward. The change to ending balance is $107,568.
11 Approved by Resolution 5809.
12 Green fees in 2026 were increased in anticipation of funding this position.
13 The King County Parks Levy is anticipated to provide Auburn $775,000 more than currently budgeted. There is
currently no expenditure authority associated with this request.
14 Increase funding for 2026 downtown events ($25,000), move translation services from Public Works to
Communications ($23,500), website document accessibility compliance ($15,100), Auburn Resource Center Clean
Buildings Bill compliance ($15,000), increase King and Pierce County recording fees ($15,000), Mary Olson Farm Events
($10,000), golf course theft insurance recovery ($9,416), IT software maintenance cost recovery ($0), Tourism fund grants
($0), true up VSHSL grant (-453).
Page 350 of 451
Sales Tax Increase: Due to new Department of Revenue regulations effective 2025, several
categories of services previously not subject to sales tax have become taxable. This amendment
recognizes the additional expense anticipated to be incurred due to the new regulation.
• School zone cameras 51,000
• Security and patrol monitoring 33,000
• Parks advertising and live presentations $ 8,990
NEW EXPENDITURE AUTHORITY $ 92,990
NET EFFECT ON FUND BALANCE $ -92,990
Flood Mitigation: Due to flooding in late 2025 and early 2026, many departments had to incur
unbudgeted expenses to repair and replace equipment and infrastructure. This amendment includes
reimbursement to the applicable funds from the Cumulative Reserve fund, as well as an increase in
expenditure authority in affected departments commensurate with the emergency expenses.
• Flood mitigation $ 1,966,305
NEW EXPENDITURE AUTHORITY $ 1,966,305
NET EFFECT ON FUND BALANCE $-1,966,305
Interfund Activity: The following interfund transfers and allocations are necessary to facilitate the
amendments listed above.
• Interfund Activity $ 4,880,786
NEW EXPENDITURE AUTHORITY $ 4,880,786
NET EFFECT ON FUND BALANCE $ 0
The following tables summarize the current and revised budget as a result of this amendment.
Table 1: 2026 Budget as Amended
2026 Amended Budget $ 454,016,914
Budget Amendment #4 (Ord #7017) 121,069,823
Budget as Amended $ 575,086,737
Attachments:
❖ 1. Proposed Ordinance #7017 (budget adjustment #4)
❖ 2. Summary of proposed 2026 budget adjustments by fund and department (Schedule A)
❖ 3. Summary of proposed changes to the amended 2026 budget by fund (Schedule B)
Page 351 of 451
-------------------------
Ordinance No. 7017
March 30, 2026
Page 1 of 3
ORDINANCE NO. 7017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY’S 2025-2026
BIENNIAL BUDGET
WHEREAS, at its November 18, 2024 regular meeting, the Auburn City
Council enacted Ordinance No. 6848, which adopted the City’s 2025-2026 Biennial
budget (Budget); and
WHEREAS, the City Council has amended the Budget three times since
adoption (by enacting Ordinance No. 6975 on May 19, 2025, Ordinance No. 6991 on
August 4, 2025 and Ordinance No. 7000 on November 17, 2025); and
WHEREAS, the City deems it necessary to amend the Budget to appropriate
additional funds into the various Budget funds outlined in the schedules attached to
this Ordinance; and
WHEREAS, the City Council has approved this Ordinance by one more than
its majority in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the 2025-2026 Biennial Budget. Pursuant to
RCW 35A.34, the City hereby amends its 2025-2026 Biennial Budget to reflect the
revenues and expenditures shown on Schedules “A” and “B”, attached hereto and
incorporated herein by reference.
Section 2. Implementation. The Mayor is authorized to utilize the revenue
and expenditure amounts shown on Schedules “A” and “B” attached to this
Page 352 of 451
-------------------------
Ordinance No. 7017
March 30, 2026
Page 2 of 3
Ordinance. A copy of these Schedules are on file with the City Clerk and available
for public inspection. The Mayor is further 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.
Section 4. Corrections. The City Clerk and the codifiers of this Ordinance
are authorized to make necessary corrections to this Ordinance including, but not
limited to, the correction of scrivener’s/clerical errors, references, Ordinance
numbering, section/subsection numbers, and any references thereto.
Page 353 of 451
-------------------------
Ordinance No. 7017
March 30, 2026
Page 3 of 3
Section 5. Effective date. This Ordinance will take effect and be in force
five days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Published: _________________________________________________________
Page 354 of 451
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #7017)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
General Fund (#001)
2026 Adopted Budget 33,158,530 106,950,907 114,023,485 26,085,952
Previous Budget Amendments (113,868) 3,174,633 2,407,500 653,265
2026 Amended Budget 33,044,662 110,125,540 116,430,985 26,739,217
BA#4 (Ordinance #7017, Proposed):19,939,825 2,542,571 6,234,952 16,247,444
Mayor/Council
Carry Forward Decision Package PLN.0056 - Citywide Strategic Plan - - 125,000 (125,000)
Administration
GR2507 Multicultural Festival CF - - 836 (836)
Amerigroup Grant CF MS2310 - 11,824 11,824 -
Human Resources
2026-27 OPD Public Defense Improvement Funds GR2601 - 33,950 33,950 -
City Attorney's Office
Carry Forward Lighting Install Contract at ARC - - 16,700 (16,700)
Community Development
2026 Downtown Events - - 25,000 (25,000)
Stuck River Rd and Rainier Vista Sub Area Plan - 599,174 599,174 -
King and Pierce County Recording Fees - 15,000 15,000 -
MS2203 CF Comp Plan Updates - - 82,800 (82,800)
Port of Sea Econ Dev Gr GR2508 - 120,000 120,000 -
Purchase of Housing Repair Trailer - - - -
Human Services
CF CDBG Grant & CP2227/CP2609 - 477,931 477,931 -
Police
PD Grant CF - 149,074 64,248 84,826
PD Traffic Equip Grant pd2603 - 3,000 3,000 -
Public Works
MS2208 Inc Vendor Sales Tax - - 51,000 (51,000)
Main St Traffic Signal Repair - 244,900 233,930 10,970
Translation Services (ARPA)- - 23,500 (23,500)
Page 355 of 451
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #7017)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Parks, Arts & Rec
Golf Course Theft Insurance Recovery - 9,416 9,416 -
Golf Operations Support - S59 - 60,860 60,860 -
Public Art Maintenance CF - - 4,105 (4,105)
CF Senior Center Furniture Contract - - 20,414 (20,414)
Advertising and Live Presentation Tax - - 8,990 (8,990)
CF Childcare Room Flooring Contract - - 10,000 (10,000)
CF Kiwanis Club Scholarship Funds - - 8,435 (8,435)
spevnt 2025 & 2026 Tourism Grants - 42,430 24,430 18,000
CF Cascade Bike Grant GR2503 - 162,613 162,613 -
DSHS Grant Special Rec GR2603 - 20,000 20,000 -
ms0806 KCD 2026 Farm Mkt Grnt - 25,000 25,000 -
GR2402 Senior Center VSHSL - - (453) 453
Mary Olson Farm 2026 Events - 10,000 10,000 -
MS2314 Vet Park Plaza Pavers - - 43,000 (43,000)
Streets
CF - Roadway Paint and Thermo - - 47,000 (47,000)
CTR Program Grant GR2505 - 77,670 47,670 30,000
Non-Departmental
Website Document Accessibility Compliance (DocAccess)- - 3,775 (3,775)
Facilites - 2025 Utilities Over Budget Reimburstment - - 107,568 (107,568)
Auburn Recourse Center - CBPS Compliance - - 15,000 (15,000)
Sales Tax Expense for Security Patrol and Security Monitoring Services - - 31,350 (31,350)
City-wide Teamster Adj - - 50,509 (50,509)
F518 IT Cost Recovery - - 315,377 (315,377)
CP2503 ARPA Funding Authority - - 50,000 (50,000)
Carry Forward of Operating ARPA Projects to 2026 - - 2,725,615 (2,725,615)
True Up 2026 Beginning Balance 19,939,825 - - 19,939,825
Flood Mitigation Recovery - EM2502 - 479,729 479,729 -
Flock Safety Camera Additions - - 70,656 (70,656)
Revised 2026 Budget - Fund 001 52,984,487 112,668,111 122,665,937 42,986,661
Page 356 of 451
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #7017)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
General Transportation Fund (#102)
2026 Adopted Budget 5,168,764 10,602,973 9,162,300 6,609,437
Previous Budget Amendments (432,598) - - (432,598)
2026 Amended Budget 4,736,166 10,602,973 9,162,300 6,176,839
BA#4 (Ordinance #7017, Proposed):10,556,400 3,695,000 4,087,000 10,164,400
True Up 2026 Beginning Balance 10,556,400 - - 10,556,400
CP2512 Xfer F102 FB to F328 - - - -
15th St NW Bridge Deck Preserv - 3,695,000 4,087,000 (392,000)
Revised 2026 Budget - Fund 102 15,292,566 14,297,973 13,249,300 16,341,239
Hotel/Motel Tax Fund (#104)
2026 Adopted Budget 477,680 178,500 177,100 479,080
Previous Budget Amendments (155,999) - - (155,999)
2026 Amended Budget 321,681 178,500 177,100 323,081
BA#4 (Ordinance #7017, Proposed):64,262 - 18,000 46,262
True Up 2026 Beginning Balance 64,262 - - 64,262
spevnt 2025 & 2026 Tourism Grants - - 18,000 (18,000)
Revised 2026 Budget - Fund 104 385,943 178,500 195,100 369,343
Arterial Street Preservation Fund (#105)
2026 Adopted Budget 1,756,224 2,168,000 2,186,000 1,738,224
Previous Budget Amendments 2,244,355 - - 2,244,355
2026 Amended Budget 4,000,579 2,168,000 2,186,000 3,982,579
BA#4 (Ordinance #7017, Proposed):2,864,097 - - 2,864,097
True Up 2026 Beginning Balance 2,864,097 - - 2,864,097
Revised 2026 Budget - Fund 105 6,864,676 2,168,000 2,186,000 6,846,676
Page 357 of 451
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #7017)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Drug Forfeiture Fund (#117)
2026 Adopted Budget 654,270 263,700 408,486 509,484
Previous Budget Amendments (6,121) - - (6,121)
2026 Amended Budget 648,149 263,700 408,486 503,363
BA#4 (Ordinance #7017, Proposed):175,437 - - 175,437
True Up 2026 Beginning Balance 175,437 - - 175,437
Revised 2026 Budget - Fund 117 823,586 263,700 408,486 678,800
Recreation Trails Fund (#120)
2026 Adopted Budget 61,320 7,500 - 68,820
Previous Budget Amendments (97) - - (97)
2026 Amended Budget 61,223 7,500 - 68,723
BA#4 (Ordinance #7017, Proposed):2,406 - - 2,406
True Up 2026 Beginning Balance 2,406 - - 2,406
Revised 2026 Budget - Fund 120 63,629 7,500 - 71,129
Cumulative Reserve Fund (#122)
2026 Adopted Budget 33,171,351 80,000 825,600 32,425,751
Previous Budget Amendments 7,121,141 - - 7,121,141
2026 Amended Budget 40,292,492 80,000 825,600 39,546,892
BA#4 (Ordinance #7017, Proposed):4,297,190 - 3,506,145 791,045
MS2410 2025 CF - - 1,539,840 (1,539,840)
True Up 2026 Beginning Balance 4,297,190 - - 4,297,190
Flood Mitigation Recovery - EM2502 - - 1,966,305 (1,966,305)
Revised 2026 Budget - Fund 122 44,589,682 80,000 4,331,745 40,337,937
Page 358 of 451
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #7017)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Mitigation Fees Fund (#124)
2026 Adopted Budget 3,441,291 1,236,900 2,794,373 1,883,818
Previous Budget Amendments 820,797 - - 820,797
2026 Amended Budget 4,262,088 1,236,900 2,794,373 2,704,615
BA#4 (Ordinance #7017, Proposed):9,332,104 - - 9,332,104
True Up 2026 Beginning Balance 9,332,104 - - 9,332,104
Revised 2026 Budget - Fund 124 13,594,192 1,236,900 2,794,373 12,036,719
2020 LTGO A&B Refunding Bonds Fund (#232)
2026 Adopted Budget 509,036 1,501,400 1,501,300 509,136
Previous Budget Amendments (32,936) - - (32,936)
2026 Amended Budget 476,100 1,501,400 1,501,300 476,200
BA#4 (Ordinance #7017, Proposed):22,305 - - 22,305
True Up 2026 Beginning Balance 22,305 - - 22,305
Revised 2026 Budget - Fund 232 498,405 1,501,400 1,501,300 498,505
Parks Construction Fund (#321)
2026 Adopted Budget 490,199 711,300 685,000 516,499
Previous Budget Amendments (23,724) 106,000 106,000 (23,724)
2026 Amended Budget 466,475 817,300 791,000 492,775
BA#4 (Ordinance #7017, Proposed):1,460,210 775,000 - 2,235,210
True Up 2026 Beginning Balance 1,460,210 - - 1,460,210
- 775,000 - 775,000 King County Parks Levy
Revised 2026 Budget - Fund 321 1,926,685 1,592,300 791,000 2,727,985
Page 359 of 451
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #7017)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Capital Improvements Fund (#328)
2026 Adopted Budget 1,561,564 13,270,500 13,250,000 1,582,064
Previous Budget Amendments 5,725,552 - - 5,725,552
2026 Amended Budget 7,287,116 13,270,500 13,250,000 7,307,616
BA#4 (Ordinance #7017, Proposed):(2,204,319) 667,342 617,342 (2,154,319)
CF CDBG Grant & CP2227/CP2609 - 467,342 467,342 -
CP2503 ARPA Funding Authority - 50,000 - 50,000
True Up 2026 Beginning Balance (2,204,319) - - (2,204,319)
CP2512 Xfer F102 FB to F328 - 150,000 150,000 -
Revised 2026 Budget - Fund 328 5,082,797 13,937,842 13,867,342 5,153,297
Local Revitalization Fund (#330)
2026 Adopted Budget 17,333 1,000 - 18,333
Previous Budget Amendments 30,004 - - 30,004
2026 Amended Budget 47,337 1,000 - 48,337
BA#4 (Ordinance #7017, Proposed):305,788 - - 305,788
True Up 2026 Beginning Balance 305,788 - - 305,788
Revised 2026 Budget - Fund 330 353,125 1,000 - 354,125
Real Estate Excise Tax Fund (#331)
2026 Adopted Budget 5,398,962 1,840,000 1,569,700 5,669,262
Previous Budget Amendments 4,867,000 - - 4,867,000
2026 Amended Budget 10,265,962 1,840,000 1,569,700 10,536,262
BA#4 (Ordinance #7017, Proposed):6,800,581 - - 6,800,581
True Up 2026 Beginning Balance 6,800,581 - - 6,800,581
Revised 2026 Budget - Fund 331 17,066,543 1,840,000 1,569,700 17,336,843
Page 360 of 451
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #7017)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Water Fund (#430)
2026 Adopted Budget 3,381,662 22,200,250 23,286,921 2,294,991
Previous Budget Amendments 4,733,730 - 287,275 4,446,455
2026 Amended Budget 8,115,392 22,200,250 23,574,196 6,741,446
BA#4 (Ordinance #7017, Proposed):15,239,780 - 820,455 14,419,325
Website Document Accessibility Compliance (DocAccess)- - 3,775 (3,775)
City-wide Teamster Adj - - 34,849 (34,849)
F518 IT Cost Recovery - - 18,531 (18,531)
Carry forward remaining FCS contract - - 13,300 (13,300)
True Up 2026 Beginning Balance 15,239,780 - - 15,239,780
Water Meter Replacements - - 750,000 (750,000)
Revised 2026 Budget - Fund 430 23,355,172 22,200,250 24,394,651 21,160,771
Sewer Fund (#431)
2026 Adopted Budget 14,725,640 11,505,000 12,425,228 13,805,412
Previous Budget Amendments 3,458,647 - 21,900 3,436,747
2026 Amended Budget 18,184,287 11,505,000 12,447,128 17,242,159
BA#4 (Ordinance #7017, Proposed):16,851,805 284,043 329,555 16,806,293
Website Document Accessibility Compliance (DocAccess)- - 3,775 (3,775)
City-wide Teamster Adj - - 17,706 (17,706)
F518 IT Cost Recovery - - 18,531 (18,531)
Carry forward remaining FCS contract - - 5,500 (5,500)
True Up 2026 Beginning Balance 16,851,805 - - 16,851,805
Flood Mitigation Recovery - EM2502 - 284,043 284,043 -
Revised 2026 Budget - Fund 431 35,036,092 11,789,043 12,776,683 34,048,452
Page 361 of 451
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #7017)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Storm Drainage Fund (#432)
2026 Adopted Budget 8,802,355 14,180,200 15,452,074 7,530,481
Previous Budget Amendments 477,474 - 3,200 474,274
2026 Amended Budget 9,279,829 14,180,200 15,455,274 8,004,755
BA#4 (Ordinance #7017, Proposed):15,731,248 120,000 166,785 15,684,463
Website Document Accessibility Compliance (DocAccess)- - 3,775 (3,775)
City-wide Teamster Adj - - 21,163 (21,163)
F518 IT Cost Recovery - - 18,531 (18,531)
Carry forward remaining FCS contract - - 4,200 (4,200)
True Up 2026 Beginning Balance 15,731,248 - - 15,731,248
WA Ecology Capacity Grt npdes0 - 120,000 - 120,000
Stormwater Management Action Plan - - 119,116 (119,116)
Revised 2026 Budget - Fund 432 25,011,077 14,300,200 15,622,059 23,689,218
Sewer Metro Sub Fund (#433)
2026 Adopted Budget 4,600,626 24,515,000 24,472,000 4,643,626
Previous Budget Amendments 317,585 - - 317,585
2026 Amended Budget 4,918,211 24,515,000 24,472,000 4,961,211
BA#4 (Ordinance #7017, Proposed):621,214 - - 621,214
True Up 2026 Beginning Balance 621,214 - - 621,214
Revised 2026 Budget - Fund 433 5,539,425 24,515,000 24,472,000 5,582,425
Solid Waste Fund (#434)
2026 Adopted Budget 2,349,471 34,866,600 34,040,130 3,175,941
Previous Budget Amendments (416,980) - - (416,980)
2026 Amended Budget 1,932,491 34,866,600 34,040,130 2,758,961
BA#4 (Ordinance #7017, Proposed):822,153 65,707 65,707 822,153
Ecology Grant CF LSWF25 - 65,707 65,707 -
True Up 2026 Beginning Balance 822,153 - - 822,153
Revised 2026 Budget - Fund 434 2,754,644 34,932,307 34,105,837 3,581,114
Page 362 of 451
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #7017)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Airport Fund (#435)
2026 Adopted Budget 1,409,851 2,512,400 2,973,025 949,226
Previous Budget Amendments (71,487) - 700 (72,187)
2026 Amended Budget 1,338,364 2,512,400 2,973,725 877,039
BA#4 (Ordinance #7017, Proposed):1,318,349 1,219,245 1,219,245 1,318,349
True Up 2026 Beginning Balance 1,318,349 - - 1,318,349
cp2335 AWOS Beacon WSDOT Grant - 19,245 19,245 -
cp2518 Airport T-Hangar Upgrades (F Row)- 1,200,000 1,200,000 -
Revised 2026 Budget - Fund 435 2,656,713 3,731,645 4,192,970 2,195,388
Cemetery Fund (#436)
2026 Adopted Budget 1,096,017 1,696,800 2,098,241 694,576
Previous Budget Amendments (71,096) - 2,220 (73,316)
2026 Amended Budget 1,024,921 1,696,800 2,100,461 621,260
BA#4 (Ordinance #7017, Proposed):598,173 - 39,682 558,491
Sales Tax Expense for Security Patrol and Security Monitoring Services - - 1,650 (1,650)
City-wide Teamster Adj - - 5,782 (5,782)
CEM Interfund Allocation Carry Forward - - 19,000 (19,000)
True Up 2026 Beginning Balance 598,173 - - 598,173
CF CEM Tree Removal Contract - - 13,250 (13,250)
Revised 2026 Budget - Fund 436 1,623,094 1,696,800 2,140,143 1,179,751
Insurance Fund (#501)
2026 Adopted Budget 1,215,996 5,609,318 5,771,818 1,053,496
Previous Budget Amendments (65,962) - - (65,962)
2026 Amended Budget 1,150,034 5,609,318 5,771,818 987,534
BA#4 (Ordinance #7017, Proposed):87,382 - - 87,382
True Up 2026 Beginning Balance 87,382 - - 87,382
Revised 2026 Budget - Fund 501 1,237,416 5,609,318 5,771,818 1,074,916
Page 363 of 451
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #7017)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Workers' Comp Fund (#503)
2026 Adopted Budget 3,663,569 1,225,300 1,060,400 3,828,469
Previous Budget Amendments 101,010 - - 101,010
2026 Amended Budget 3,764,579 1,225,300 1,060,400 3,929,479
BA#4 (Ordinance #7017, Proposed):(105,435) - - (105,435)
True Up 2026 Beginning Balance (105,435) - - (105,435)
Revised 2026 Budget - Fund 503 3,659,144 1,225,300 1,060,400 3,824,044
Facilities Fund (#505)
2026 Adopted Budget 398,740 4,932,800 4,947,759 383,781
Previous Budget Amendments (381,075) 204,620 204,620 (381,075)
2026 Amended Budget 17,665 5,137,420 5,152,379 2,706
BA#4 (Ordinance #7017, Proposed):637,763 827,793 1,364,503 101,053
Facilites - 2025 Utilities Over Budget Reimburstment - 107,568 107,568 -
Auburn Recourse Center - CBPS Compliance - 15,000 15,000 -
2025 to 2026 Carry Forward Funds - Facilities Department - - 518,430 (518,430)
Sales Tax Expense for Security Patrol and Security Monitoring Services - 33,000 33,000 -
City-wide Teamster Adj - - 18,280 (18,280)
True Up 2026 Beginning Balance 637,763 - - 637,763
Flood Mitigation Recovery - EM2502 - 672,225 672,225 -
Revised 2026 Budget - Fund 505 655,428 5,965,213 6,516,882 103,759
Page 364 of 451
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #7017)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Innovation & Technology Fund (#518)
2026 Adopted Budget 2,731,569 9,455,300 9,246,580 2,940,289
Previous Budget Amendments (66,354) 37,308 37,308 (66,354)
2026 Amended Budget 2,665,215 9,492,608 9,283,888 2,873,935
BA#4 (Ordinance #7017, Proposed):304,825 2,033,623 1,662,653 675,795
Website Document Accessibility Compliance (DocAccess)- 15,100 15,100 -
F518 IT Cost Recovery - 370,970 - 370,970
MS2410 2025 CF - 1,539,840 1,539,840 -
True Up 2026 Beginning Balance 304,825 - - 304,825
Flood Mitigation Recovery - EM2502 - 13,557 13,557 -
Translation Services (ARPA)- 23,500 23,500 -
Flock Safety Camera Additions - 70,656 70,656 -
Revised 2026 Budget - Fund 518 2,970,040 11,526,231 10,946,541 3,549,730
Equipment Rental Fund (#550)
2026 Adopted Budget 6,854,096 7,794,805 5,834,743 8,814,158
Previous Budget Amendments 4,952 - - 4,952
2026 Amended Budget 6,859,048 7,794,805 5,834,743 8,819,110
BA#4 (Ordinance #7017, Proposed):2,362,607 545,826 556,065 2,352,368
City-wide Teamster Adj - - 29,239 (29,239)
CEM Interfund Allocation Carry Forward - 19,000 - 19,000
True Up 2026 Beginning Balance 2,362,607 - - 2,362,607
Flood Mitigation Recovery - EM2502 - 516,751 516,751 -
Purchase of Housing Repair Trailer - 10,075 10,075 -
Revised 2026 Budget - Fund 550 9,221,655 8,340,631 6,390,808 11,171,478
Page 365 of 451
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #7017)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Fire Pension Fund (#611)
2026 Adopted Budget 1,797,248 176,500 207,840 1,765,908
Previous Budget Amendments (32,483) - - (32,483)
2026 Amended Budget 1,764,765 176,500 207,840 1,733,425
BA#4 (Ordinance #7017, Proposed):106,050 - - 106,050
True Up 2026 Beginning Balance 106,050 - - 106,050
Revised 2026 Budget - Fund 611 1,870,815 176,500 207,840 1,839,475
Cemetery Endowment Fund (#701)
2026 Adopted Budget 2,632,809 90,000 - 2,722,809
Previous Budget Amendments (2,240) - - (2,240)
2026 Amended Budget 2,630,569 90,000 - 2,720,569
BA#4 (Ordinance #7017, Proposed):101,473 - - 101,473
True Up 2026 Beginning Balance 101,473 - - 101,473
Revised 2026 Budget - Fund 701 2,732,042 90,000 - 2,822,042
Grand Total - All Funds
2026 Adopted Budget 141,526,173 280,938,953 289,766,103 132,699,023
Previous Budget Amendments 28,029,227 3,522,561 3,070,723 28,481,065
2026 Amended Budget 169,555,400 284,461,514 292,836,826 161,180,088
Total BA#4 (Ordinance #7017, Proposed):108,293,673 12,776,150 20,688,089 100,381,734
Revised 2026 Budget 277,849,073 297,237,664 313,524,915 261,561,822
575,086,737 575,086,737
Page 366 of 451
Schedule B
2026 Ending Fund Balance/Working Capital
by Fund
Fund
2026
Amended
Beginning
Balance
2026
Amended
Ending
Balance
BA#4
(ORD #7017)
Revenues
BA#4
(ORD #7017)
Expenditures
BA Net Change
Fund Balance
Revised Ending
Balance
General Fund (#001)33,044,662 26,739,217 22,482,396 6,234,952 16,247,444 42,986,661
General Transportation Fund (#102)4,736,166 6,176,839 14,251,400 4,087,000 10,164,400 16,341,239
Hotel/Motel Tax Fund (#104)321,681 323,081 64,262 18,000 46,262 369,343
Arterial Street Preservation Fund (#105)4,000,579 3,982,579 2,864,097 - 2,864,097 6,846,676
Drug Forfeiture Fund (#117)648,149 503,363 175,437 - 175,437 678,800
Recreation Trails Fund (#120)61,223 68,723 2,406 - 2,406 71,129
Cumulative Reserve Fund (#122)40,292,492 39,546,892 4,297,190 3,506,145 791,045 40,337,937
Mitigation Fees Fund (#124)4,262,088 2,704,615 9,332,104 - 9,332,104 12,036,719
2020 LTGO A&B Refunding Bonds Fund (#232)476,100 476,200 22,305 - 22,305 498,505
SCORE Debt Service Fund (#238)- - - - - -
LID Guarantee Fund (#249)- - - - - -
Golf/Cemetery 2016 Refunding Fund (#276)- - - - - -
Parks Construction Fund (#321)466,475 492,775 2,235,210 - 2,235,210 2,727,985
Capital Improvements Fund (#328)7,287,116 7,307,616 (1,536,977) 617,342 (2,154,319) 5,153,297
Local Revitalization Fund (#330)47,337 48,337 305,788 - 305,788 354,125
Real Estate Excise Tax Fund (#331)10,265,962 10,536,262 6,800,581 - 6,800,581 17,336,843
Water Fund (#430)8,115,392 6,741,446 15,239,780 820,455 14,419,325 21,160,771
Sewer Fund (#431)18,184,287 17,242,159 17,135,848 329,555 16,806,293 34,048,452
Storm Drainage Fund (#432)9,279,829 8,004,755 15,851,248 166,785 15,684,463 23,689,218
Sewer Metro Sub Fund (#433)4,918,211 4,961,211 621,214 - 621,214 5,582,425
Solid Waste Fund (#434)1,932,491 2,758,961 887,860 65,707 822,153 3,581,114
Airport Fund (#435)1,338,364 877,039 2,537,594 1,219,245 1,318,349 2,195,388
Cemetery Fund (#436)1,024,921 621,260 598,173 39,682 558,491 1,179,751
Insurance Fund (#501)1,150,034 987,534 87,382 - 87,382 1,074,916
Workers' Comp Fund (#503)3,764,579 3,929,479 (105,435) - (105,435) 3,824,044
Facilities Fund (#505)17,665 2,706 1,465,556 1,364,503 101,053 103,759
Innovation & Technology Fund (#518)2,665,215 2,873,935 2,338,448 1,662,653 675,795 3,549,730
Equipment Rental Fund (#550)6,859,048 8,819,110 2,908,433 556,065 2,352,368 11,171,478
Fire Pension Fund (#611)1,764,765 1,733,425 106,050 - 106,050 1,839,475
Cemetery Endowment Fund (#701)2,630,569 2,720,569 101,473 - 101,473 2,822,042
Page 367 of 451
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Update for the Purchase of Soos Creek Botanical Gardens
(Whalen/Krueger) (30 Minutes)
Resolution No. 5897, Resolution No. 5900, and Resolution No. 5901
April 13, 2026
Department: Attachments: Budget Impact:
Legal Presentation, Resolution No.
5897, Resolution No. 5900,
Exhibit A to Resolution No. 5900,
Resolution No. 5901, Exhibit A to
Resolution No. 5901
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Update on the purchase of the Soos Creek Botanical Gardens with a grant from King County
Conservation Futures Tax Levy Grant. And to review Resolutions associated with the purchase:
- Resolution 5897: Amendment to Interlocal Agreement with King County for CFT Grant
- Resolution 5900: Purchase and Sale Agreement
- Resolution 5901: Operating Agreement
Councilmember: Hanan Amer Staff: Jason Whalen, Julie Krueger
Page 368 of 451
A U B U R N
V A L U E S
S E R V I C E
E N V I R O N M E N T
E C O N O M Y
C H A R A C T E R
S U S TA I N A B I L I T Y
W E L L N E S S
C E L E B R A T I O N
SOOS CREEK BOTANICAL GARDENS
KING COUNTY CONSERVATION FUTURES
RESOLUTION NO. 5897, 5900, 5901
CFT GRANT ACCEPTANCE, PURCHASE
AND SALE AGREEMENT, AND OPERATING
AGREEMENT
PRESENTED BY:
THANIEL GOUK, PARKS PLANNING & DEVELOPMENT MANAGER
JOSH ARNDT, REAL ESTATE MANAGER
1
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
2
•Background
•King County Conservation Futures Tax Levy Grant
(common acronym “CFT”)
•Goal – to preserve and create open and green spaces
within King County
•Timeline
•Fall 2023-2024 – Discussions with Soos Creek Botanical
about potential purchase of the Gardens by the City with CFT
Grant
•Spring 2025 – City applies for CFT Grant for $2.1M
(estimated assessed value as request amount)
•May 2025 – Presentation to CFT Committee
•Winter 2025 – King County Council approves CFT Grant
Page 370 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
3
About the Gardens
•Management: Operated by Soos Creek Botanical Garden Foundation
•Scenic Retreat: 23-acre garden offering tranquility and education.
•Unique Plant Life: Rare perennials and native Pacific Northwest landscapes.
•Immersive Trails: Paths through meadows, woodlands, and a year-round creek.
•Wildlife Habitat: Pond garden supporting local ecosystems.
•Community Garden: Sustainable food education; donations to Auburn Food Bank.
•Events & Lectures: Tours, gardening talks, and cultural performances.
•Heritage Center: Displays local history through photos, maps, and artifacts.
Page 371 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
4
About the Gardens - Garden Map and Amenities
6. Hoop House and Nursery Area 5. Elizabeth Fenzl Garden Room 4. Heritage Flower Garden 3. Rosarian Walk 2. Rain Garden & Alder Grove 1. Plant Sale Area
12. Ravine Garden 11. Ole and Sarah Skagen Cedar Grove 10. Carlmas Long Borders 9. Schaefer Pond Garden 8. Louie / Christensen Aviary 7. Soos Creek Demonstration Garden
18. The Red Barn 17. The Pavilion by the Pond 16. Soos Creek Heritage Center 15. Leonard and Olive Skagen Woods 14. Oie Native Woodland 13. Wildflower Prairie Meadow
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
5
Pavillion
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
6
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
7
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
8
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
9
Public Benefits
•Access to Diverse & Underserved Audiences
•Free & Reduced Cost Admissions
•Free Curriculum for Public Schools
•Increased Outreach
•Broadening Programming
•Garden Amenities and Features
•Education Programs
•Preservation of Traditional & Historical Cultures and Crafts
•Cultural Content Production
•Career Building Opportunities
•Partnerships & Resource Sharing
Students Releasing
Frye into the Stream
Community Gardens
Page 377 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
10
Original CFT
Application Map
•Yellow dashed line
shows deed-
restricted area per
CFT rules
•Red area is
Skagen-owned
•Orange Area
shows Foundation-
owned
Page 378 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
11
Revised CFT Map
Page 379 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
12
Revised CFT Map
•Yellow dashed line shows revised CFT boundary
•Changes due to appraised value of property vs. CFT request value
•Green dashed line shows area removed and will be a future application
request for CFT funds
•Red hatched area shows the
area not included in the CFT
Boundary (but part of purchase)
•This area contains the main
home and museum (note: this
is no change from the original
application
Page 380 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
13
What would the
ownership of the
properties look like?
Notes:
•The “Main House” would be
leased back to Maurice
Skagen as his residence.
•The “Mobile Home” would
be demolished with
additional CFT funds
expected early 2026
(request already submitted
for CFT funds)
Page 381 of 451
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
14
Documents for Review
•Resolution No. 5897
•ILA Amendment
•Resolution No. 5900
•Purchase and Sale of Morris “Maurice” Skagen Property
•Incudes Maurice Skagen Lease
•Resolution No. 5901
•Operating Agreement with The Soos Creek Botanical Garden Foundation
•Incudes Easement for Ingress, Egress, Parking & Operations Easement encumbering
Foundation Parcel
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
15
Resolution No. 5897 – Interlocal Agreement with King County to Accept CFT Funds
•Original ILA signed in 2022 (Mill Creek Assemblage)
•Amendments to this ILA are required each time new grants are approved
•ILA Amendments 1 through 3 – Downtown Auburn Open Space Acquisition
and Demolition (site for the new downtown park)
•This new ILA Amendment is required to receive this grant (attached to
Resolution) and authorize a future budget amendment.
•Includes $1.83M in cash for the property purchase plus the additional funds
for closing costs, title reports, appraisals, etc. ($2.1M)
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
16
Resolution No. 5900 – Purchase and Sale Agreement for the Gardens
•Authorizes the Mayor to execute the purchase of the Gardens from Maurice Skagen
•Purchase price for the Gardens is $2.63M (total)
•$1.83M cash
•$800,000 equity from Maurice Skagen
•CFT will not fund the main house and museum
•In exchange for the $800,000 equity conveyance, City & Skagen will enter into a no-
rent lease for the main house for up to the rest of his life (condition of sale).
•Sale of the property does not include personal property or museum artifacts –
Foundation will own
•Boundary line adjustment
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SOOS CREEK BOTANICAL GARDENS – CFT PURCHASE
17
Resolution No. 5901 – Operating Agreement with the Soos Creek Botanical Garden
Foundation
•Authorizes the Mayor to execute the Operating Agreement with the Soos Creek Botanical Garden
Foundation
•Establishes that the City will not pay the Foundation any monetary compensation for the
Foundation’s performance of the Operating Agreement, nor will the Foundation pay the City for its
use of the garden or its facilities.
•Outlines the duties and responsibilities of the Foundation
•Keep the City apprised hours of operation, Foundation/Garden events, etc.
•Perform all maintenance to the garden, facilities, & equipment at Foundation’s expense
•Periodic meetings with and reporting to the City
•Reserves the rights for the City to request use of the Garden and its facilities
•Easement for Ingress, Egress, Parking & Operations encumbering the Foundation parcel
Page 385 of 451
18
QUESTIONS?
Page 386 of 451
--------------------------------
Resolution No. 5897
February 24, 2026
Page 1 of 5 Rev. 2026
RESOLUTION NO. 5897
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN UPDATED INTERLOCAL AGREEMENT
BETWEEN THE CITY OF AUBURN AND KING COUNTY
FOR THE PURPOSE OF ACCEPTING FUNDS IN THE
AMOUNT OF $2,121,000 TO PURCHASE THE SOOS
CREEK BOTANICAL GARDEN PROPERTY
WHEREAS, on January 17, 2022, the City Council approved Resolution 5614,
which authorized the Mayor to sign an updated agreement with King County to receive
funds from the Conservation Futures Tax (CFT) Levy; and
WHEREAS, on June 6, 2022, the City Council approved Resolution 5668, to
correct Resolution 5614, and authorizing the Mayor to sign the correct agreement with
King County; the corrected agreement included both grant agreements (CFT and WRIA),
where the original resolution incorrectly two identical versions (two WRIA contracts); and
WHEREAS, the owner of the Soos Creek Botanical Gardens reached out to City
Staff in the Fall of 2023 with the idea of selling and/or gifting the Soos Creek Botanical
Gardens to the City, for the benefit of the public, with the City applying for a CFT grant to
fund the purchase of the Gardens, in part. In the Spring of 2025, the City applied for a
CFT grant in the amount of $2,121,000 to purchase the Gardens; and
WHEREAS, the CFT grant application was determined to meet the match
requirements and thus no City funds are being used to acquire the Gardens. To complete
the purchase, the owner will gift to the City the fair market value of the Gardens over and
above the CFT grant amount; and
WHEREAS, in December of 2025 the King County Council passed Ordinance No.
20023, awarding the CFT grant funds to the City to purchase the Gardens; and
Page 387 of 451
--------------------------------
Resolution No. 5897
February 24, 2026
Page 2 of 5 Rev. 2026
WHEREAS, the City has worked with the Gardens owner and the Soos Creek
Botanical Garden Foundation to create an Operations and Maintenance Agreement for
the ongoing operations of the Gardens to be owned by the City, which is included in
Resolution No. 5901; and
WHEREAS, to receive the CFT grant funds for the acquisition of the Gardens, a
budget amendment will be required by the City Council to appropriate the associated
revenues and expenditures within the City’s adopted budget. This will be accomplished
through adoption in the City’s next budget amendment process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Updated Interlocal Agreement
between the City and King County, which agreement will be in substantial conformity with
the agreement attached hereto as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Section 3. The City Clerk is authorized to make necessary corrections to this
Resolution including, but not limited to, the correction of scrivener’s/clerical errors,
references, Resolution numbering, section/subsection numbers, and any references
thereto.
Page 388 of 451
--------------------------------
Resolution No. 5897
February 24, 2026
Page 3 of 5 Rev. 2026
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Jason Whalen, City Attorney
Page 389 of 451
--------------------------------
Resolution No. 5897
February 24, 2026
Page 4 of 5 Rev. 2026
EXHIBIT A
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN
FOR OPEN SPACE ACQUISITION PROJECTS
The King County Council, through Ordinance 9128, has established a Conservation Futures
Levy Fund and appropriated proceeds to King County and certain cities. This amendment is
entered into to provide for the allocation of additional proceeds made available for open space
acquisition.
THIS AMENDMENT is entered into between the CITY OF AUBURN and KING COUNTY,
and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement
entered into between the parties on the 22nd day of August, 2022, as previously amended.
The parties agree to the following amendment:
The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached hereto.
In all other respects, the terms, conditions, duties and obligations of both parties shall remain the
same as agreed to in the Interlocal Cooperation Agreement as previously amended.
Once fully executed, this Amendment shall be incorporated into the existing Interlocal
Cooperation Agreement as if fully set forth, and shall become Amendment 4.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their
names in the spaces set forth below:
KING COUNTY CITY OF AUBURN
____________________________ ________________________
Girmay Zahilay Nancy Backus
King County Executive Mayor
Date: _________________ Date: _________________
Approved as to form: Approved as to form:
____________________________ ________________________
Leesa Manion [NAME]
King County Prosecuting Attorney City Attorney
Page 390 of 451
--------------------------------
Resolution No. 5897
February 24, 2026
Page 5 of 5 Rev. 2026
EXHIBIT 1
2026 CONSERVATION FUTURES LEVY PROCEEDS
CITY OF AUBURN ALLOCATION
Jurisdiction Project Name Allocation
Auburn Soos Creek Botanical Garden
Preservation $2,121,000
TOTAL $2,121,000
Project Description:
Project #1150331: Auburn – Soos Creek Botanical Garden Preservation (match waiver)
The City of Auburn seeks to purchase approximately 18 acres of the Soos Creek Botanical
Garden, located in the Lea Hill portion of the city. The purchase of this property would provide
protection for a fish-bearing stream, Soosette Creek, and the opportunity to redress historic
disparities in access to open space. Preservation of the garden would keep this land protected in
perpetuity as a community asset and as a botanical garden of regional significance in south King
County. This project was determined to merit a match waiver. Project funding was authorized in
King County Ordinance 20023.
Is this a Bond-financed Project? No
Page 391 of 451
--------------------------------
Resolution No. 5900
March 19, 2026
Page 1 of 2 Rev. 2026
RESOLUTION NO. 5900
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE ON BEHALF OF THE CITY, A PURCHASE AND
SALE AGREEMENT WITH MAURICE SKAGEN FOR REAL
PROPERTY COMMONLY KNOWN AS THE SOOS CREEK
BOTANICAL GARDEN AND HERITAGE CENTER
WHEREAS, for many years, the real property known as the Soos Creek Botanical
Garden and Heritage Center has served the Auburn community as a local attraction, an
educational resource, and a site of historic significance and conservation; and
WHEREAS, the owner of the property has expressed a desire to sell the property
to the City in order to preserve its educational, historic, and conservation values; and
WHEREAS, acceptance of King County Conservation Futures Tax Levy grant
funding, as authorized under Resolution No. 5897, will fully fund the acquisition of the
property, and no City general funds or other budgeted City resources will be adversely
impacted by the purchase; and
WHEREAS, the City intends to enter into an agreement with a third party at no
cost to the City for the continued management, operation, and maintenance of the
gardens, plant collections, buildings, and grounds to ensure the ongoing stewardship and
public benefit of the property,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to, (i) execute the purchase and sale
agreement attached as Exhibit A (the “Agreement”) for the property legally described in
Exhibit B, and any future amendments to the Agreement as appropriate, so long as those
Page 392 of 451
--------------------------------
Resolution No. 5900
March 19, 2026
Page 2 of 2 Rev. 2026
amendments do not increase the purchase price of the Property; and (ii) execute all
necessary documents to complete the closing of the purchase transaction to acquire the
Property consistent with the terms and conditions of the Agreement.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Section 3. The City Clerk is authorized to make necessary corrections to this
Resolution including, but not limited to, the correction of scrivener’s/clerical errors,
references, Resolution numbering, section/subsection numbers, and any references
thereto.
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Page 393 of 451
Purchase and Sale Agreement – COA / Maurice Skagen
King County Parcel # 032105-9074 post BLA_______
Page 1 of 32
BARGAIN PURCHASE AND SALE AGREEMENT
This BARGAIN PURCHASE AND SALE AGREEMENT (this “Agreement”) is entered
into as of the _____ day of ________, 2026 (“Effective Date”), by and between the City of
Auburn, a Washington municipal corporation (“City” or “Buyer”), and Morris W.
Skagen, an unmarried individual (“Seller”). Seller and Buyer are collectively referred to
as the “Parties.” Morris W. Skagen goes by “Maurice Skagen” for most purposes, and may
also be referred to as “Maurice” in this Agreement and in related documents.
RECITALS
A. Seller owns certain real property consisting of approximately 20.73 acres
(the “Skagen Parcels”) comprising a large portion of what is being generally referred to as
the Soos Creek Botanical Garden (“Garden”). The remainder of the Garden is owned by
The Soos Creek Botanical Garden Foundation, a Washington nonprofit corporation
(“Foundation”), which is pursuing the sale of its portion of the Garden (the “Foundation
Parcel”) to the City via a separate agreement.
B. Seller wishes to preserve and protect the conservation qualities and the
benefits the Garden brings to Auburn and surrounding communities.
C. The City also wishes to preserve and protect these qualities and benefits the
Garden brings to Auburn and surrounding communities.
D. To enable the transaction detailed in this Agreement, the Parties mutually
desire to complete a boundary line adjustment (as detailed below in Section 4) of Seller’s
portion of the Garden which will result in a single tax parcel owned by Seller, which will
constitute approximately 15.93 acres and is the property Seller wishes to sell and Buyer
wishes to buy under the terms and conditions contained within this Agreement (the Subject
Property - as defined in Section 2 below).
E. Due to Buyer’s funding constraints, Seller desires to voluntarily donate to
Buyer the value of an approximately 28,000 square-foot portion of the Subject Property that
includes Seller’s main house and the adjacent museum/office building (the “Donated
Portion”) and is generally depicted in Exhibit B.
F. This Agreement shall be approved through the ratification of a Resolution
5900 by the Auburn City Council.
AGREEMENT
Now, therefore, for good and valuable consideration, the receipt and sufficiency of
which the Parties mutually acknowledge, Buyer and Seller agree as follows:
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1. Certain Defined Terms. For purposes of this Agreement, the following
capitalized terms in this Agreement will have the following definitions:
1.1 “Closing” or “Close of Escrow” means the recordation of the Deed in the
Official Records and Seller’s receipt of the Purchase Price.
1.2 “Closing Date” means that date which shall be no later than thirty (30) days
following the recording of the Boundary Line Adjustment described in Section 4.
1.3 “Deposit” means an amount of Ten Thousand Dollars ($10,000), plus any
other amounts designated as a Deposit in this Agreement.
1.4 “Due Diligence” means Buyer’s investigation and review of the Subject
Property within Buyer’s discretion, as limited and further provided herein.
1.5 “Diligence and Review Period” means the period during which Buyer
completes its Due Diligence on the Subject Property, which period shall last until the date
of King County’s recording of the BLA detailed in Section 4.
1.6 “Escrow” means the escrow opened with Escrow Agent for the
consummation of the transaction described in this Agreement.
1.7 “Escrow Agent” or “Title Company” means Stewart Title Guaranty Company
– Commercial Services, located at: 1420 5th Avenue. Suite 440, Seattle, WA 98101.
206.770.8849
1.8 “Official Records” means the official real property records of King County,
Washington.
1.9 “Permitted Exceptions” has the meaning as set forth in Section 6.1 below.
1.10 “Purchase Price” has the meaning as set forth in Section 3.
1.11 “Title Policy” means the then-current Buyer-purchased standard coverage
ALTA owner’s policy of title insurance issued by the Title Company to Buyer with
coverage in the amount of the Purchase Price, showing title to the Subject Property vested
in Buyer subject only to the Permitted Exceptions.
2. Purchase and Sale. Buyer agrees to purchase, and Seller agrees to sell, all of
Seller’s right, title, and interest in the real property legally described in Exhibit A and
generally depicted in Exhibit B (the “Subject Property”), on the terms and conditions set
forth in this Agreement. The exact boundaries of the Subject Property to be conveyed at
Closing under this Agreement shall be determined through the completion of the Boundary
Line Adjustment described in Section 4. The Parties acknowledge and agree that Exhibit
A will be amended before Closing to reflect the final legal description of the Subject
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Property after the Boundary Line Adjustment has been completed; however, the resulting
property is anticipated to be substantially similar to the “New Maurice Skagen Parcel (-
9074)” referenced in Exhibit B. The Parties understand and agree that no equipment or
other personal property is included in the sale under this Agreement, as Seller intends for
the Foundation to own and be responsible for such items in furtherance of the public benefit
provided by the Garden. Any personal property Seller desires to transfer to Buyer within
Seller’s discretion shall be the subject of a separate agreement between Seller and Buyer.
3. Purchase Price; Cash Payment. The Purchase Price is Two Million Six
Hundred Thirty Thousand and 00/100 Dollars ($2,630,000.00). Of the Purchase Price,
$1,830,000 will be payable at Closing, and the remaining $800,000 is being donated by
Seller to Buyer in the form of an equity gift. Buyer will pay the Purchase Price at Closing
by wire transfer of collected federal funds. Seller understands and acknowledges that the
amount paid by Buyer at Closing does not include the value of the donated portion, and
Seller confirms that it is voluntarily donating this portion to Buyer as part of the Subject
Property. The Deposit will be applied to the non-gifted portion of the Purchase Price due
at Closing.
3.1 Earnest Money Deposit. On execution of this Agreement, Buyer will deposit
with Escrow Agent Ten Thousand and 00/100 Dollars ($10,000.00) in cash (the
“Deposit”), which the Escrow Agent will hold as an earnest money deposit for this
transaction. The Deposit will be held in Escrow and applied or disposed of by the Escrow
Agent based on the terms of this Agreement. The Deposit will not be refunded and will
become property of Seller upon waiver of Buyer’s Diligence & Review Period.
4. Boundary Line Adjustment. Buyer, at its sole cost and expense, shall pursue and
complete a boundary line adjustment (“BLA”) that, upon completion, will create a parcel
consisting of approximately 15.93 acres that is substantially similar to the area depicted in
red and labeled “New Maurice Skagen Parcel (-9074)” on the Boundary Line Adjustment
Depiction attached as Exhibit B. Seller shall cooperate and participate in the BLA process
by timely executing all required documents and authorizations. Buyer shall be solely
responsible for obtaining all necessary permits, paying all associated costs, and completing
all required work and documentation, including the recording of the finalized BLA. The
BLA shall not be recorded until the Parties and Escrow Agent have confirmed everything
is ready for Closing under Sections 8 and 9 and Buyer and Seller have notified Escrow
Agent in writing that they desire to proceed with Closing.
5. Records. Within fourteen (14) days of the Effective Date, Seller shall provide
Buyer or make available for Buyer’s review all materials that exist and that are in Seller’s
actual possession or reasonable control including but not limited to (collectively and
individually defined as “Records”):
(a) All surveys, plats, plans, or as-builts relating to the Subject Property; (if any)
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(b) All warranties and guarantees affecting any portion of the Subject Property; (if
any);
(c) Notice of any existing litigation affecting or relating to the Subject Property and
any copies of any pleadings concerning any litigation;
(d) Any documentation of known environmental hazards affecting or potentially
affecting the Subject Property;
(e) Copies of all Permits held by Seller, or any agent of the Seller, in connection
with its ownership and operations of the Subject Property;
(f) Copies of all final, written environmental assessment reports concerning the
Subject Property performed by or for the Seller in connection with its ownership
of the Subject Property which Seller, or any agent of the Seller, may possess;
(g) Copies of all vendor and supplier service contracts in connection with the
Subject Property, including but not limited to any agreements with the
Foundation (“Operational Contracts”);
(h) Copies of all existing tenant leases or licenses, affecting the Subject Property,
records showing the amount of any deposits being held by the Seller and
payment history of the tenant(s) covering the last 12 months; and
(i) Copies of any utility or access agreements, and/or covenants, affecting the
Subject Property.
If, based upon Buyer’s review of any such Records described in this Section 5, Buyer
determines in its sole discretion that it intends not to acquire the Subject Property, then
Buyer shall promptly notify Seller of such determination in writing no later than forty-five
(45) days following the Effective Date or before recording of the BLA, whichever is earlier.
In the event that Buyer fails to deliver such notice to Seller on or before the forty-fifth (45th)
day, Buyer will be deemed to be satisfied and to have waived its right to terminate this
Agreement pursuant to this subsection. If Buyer advises Seller in writing on or before the
forty-fifth (45th) day, then this Agreement shall automatically terminate, and the Parties’
rights and obligations under this Agreement shall be of no further force or effect and the
Deposit will be returned to Buyer.
6. Title Policy. Promptly after mutual execution of this Agreement, Escrow Agent
will obtain and deliver to Buyer, Seller, and the Parties’ respective counsel, a standard
coverage preliminary title insurance commitment covering the Subject Property from the
Title Company (the “Commitment”), together with copies of all title exceptions. Approval
by Buyer of the exceptions to title set forth in the Commitment (other than as hereinafter
set forth) will be a condition precedent to Buyer’s obligation to purchase the Subject
Property. Unless Buyer gives written notice that it disapproves the exceptions to title shown
on the Commitment (other than the exceptions to title approved by Buyer and described in
Section 6.1 below), stating the exceptions so disapproved, within fourteen (14) calendar
days after the date of delivery of the Commitment to Buyer, Buyer will be deemed to have
approved such exceptions. If Buyer disapproves any title exceptions, Seller will have a ten
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(10) calendar day period after its receipt of Buyer’s written notice of disapproval of the
same within which to provide written notice to Buyer as to which of such disapproved title
exceptions Seller will remove (or cause to be removed) from title; provided, however, that
Seller will not be required to actually remove such exception(s) until Closing. If, for any
reason, Seller’s notice given pursuant to the immediately preceding sentence does not
covenant to remove all of Buyer’s disapproved title exceptions at or prior to Closing, Buyer
has the right to terminate this Agreement by written notice to Seller and Escrow Agent
given within ten (10) calendar days after the earlier of the expiration of such ten (10)
calendar day period or the date Seller informs Buyer that it does not intend to remove the
disapproved items (the “Termination Notice”). Buyer’s failure to deliver the Termination
Notice within such ten (10) day period will be deemed Buyer’s approval of any such
previously disapproved title exception. If Buyer delivers the Termination Notice within
such ten (10) day period, the obligation of Seller to sell, and Buyer to buy, the Subject
Property will terminate and Escrow Agent shall promptly return Buyer’s Deposit.
6.1 Permitted Exceptions. In addition to such other exceptions to title as may
be approved by Buyer pursuant to the provisions of Section 6 above, Buyer shall accept
title to the Subject Property subject to the following (collectively, the “Permitted
Exceptions”): (i) the printed exceptions which appear in the then current ALTA form
standard coverage owner’s policy of title insurance issued by Title Company in the State
of Washington; (ii) all non-delinquent property taxes and assessments, (iii) the rights of the
tenants under the leases (excluding therefrom any rights or option to purchase all of any
part of the Property), and (iv) all matters created by or on behalf of Buyer, including
without limitation the BLA completed under Section 4 herein.
7. Buyer’s Right of Entry. Buyer, and its agents and consultants, at Buyer’s sole
expense and risk, may enter the Subject Property during the term of this Agreement for the
purpose of Buyer’s Diligence & Review of the Subject Property. Buyer warrants that it
will (a) exercise care at all times on or about the Subject Property, (b) take necessary
precautions for the prevention of injury to persons or damage to property on or about the
Subject Property and (c) comply with any advance notice requirements in any leases by
tenants of the Subject Property. Any physical alteration of the Subject Property in
connection with Buyer’s Due Diligence shall be restored by Buyer so that the Subject
Property and improvements are in substantially the same condition they were in prior to
inspection, at Buyer’s sole expense. Buyer indemnifies and holds harmless Seller against
any loss, damage, or claim including attorneys' and experts' fees, and court costs, resulting
from Buyer’s presence on Subject Property, inspections and tests in connection with
Buyer’s Due Diligence. This indemnity shall survive the Closing or any termination of this
Agreement. Buyer is not Seller’s agent in connection with such activities and has no
authority to allow any liens to encumber the Subject Property. Buyer shall keep the Subject
Property free from all mechanics’, materialmen and other liens, and all claims, arising from
any work or labor done, services performed, or materials and supplies furnished in with
Buyer’s actions in the exercise of its right of entry on the Subject Property and Buyer will
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maintain all insurance as required by Seller with respect to activities on the Subject
Property. All of Buyer's representatives who visit the Subject Property must have required
insurance coverage and provide 48 hours of notice as required under this Agreement.
Buyer shall not perform any invasive testing beyond a Phase I Assessment and a Regulated
Building Materials (or similar) Survey or contact the tenants or property management
personnel without obtaining Seller's prior written consent, which may not be unreasonably
withheld.
8. Conditions to Closing. In addition to any other conditions contained in this
Agreement, the following are conditions precedent or concurrent to Closing which must be
satisfied in order for Closing to occur:
8.1 Operating Agreement with the Soos Creek Botanical Garden Foundation.
The Parties acknowledge and agree that as a condition of Closing, Buyer must concurrently
successfully execute an Operating or Services Agreement (hereinafter “Operating
Agreement”) with the Foundation, hereby a third-party to this Agreement, for the ongoing
operations and maintenance of the Garden. The Operating Agreement between the
Foundation and the City shall be in substantial conformity to that attached as Exhibit C to
this Agreement. The Parties agree to delay the Closing of this Agreement as necessary for
the City to complete the execution of the Operating Agreement with the Foundation.
8.2 Maurice Skagen Leaseback. The Parties acknowledge and agree that as a
condition of Closing, Seller requires that it concurrently enter into a lease with Buyer for
Seller’s continued occupancy of Seller’s main residence and adjacent premises (the
“Lease”), with such Lease commencing immediately after Closing. The Lease shall be in
substantial conformity to that attached as Exhibit D to this Agreement.
9. Closing.
9.1 Time for Closing. This purchase and sale will be closed in the office of
Escrow Agent no later than the Closing Date. Buyer and Seller will place in Escrow with
Escrow Agent all instruments, documents, and funds in U.S. Dollars necessary to complete
the purchase and sale under this Agreement. Funds held in Escrow pursuant to Escrow
instructions will be deemed, for purposes of this definition, as available for disbursement
to Seller. Neither party needs to be physically present at the Closing.
9.2 Closing Costs.
9.2.1 Seller’s Costs. Associated with the sale and conveyance of the
Subject Property, Seller will pay: (a) Seller’s own legal fees and fees of its own consultants,
including but not limited to real estate broker commissions owed in connection with this
Agreement, if any; and (b) Seller’s share of prorations not otherwise described in Sections
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9.2.1 – 9.2.5, including but not limited to utilities, assumed service, management and/or
maintenance contracts, etc.
9.2.2 Buyer’s Costs. Associated with the sale and conveyance of the
Subject Property, Buyer will pay; (a) the full Escrow fees and cost, (b) the full costs and fees
for the title insurance policy issued to Buyer, together with applicable taxes, cost of all
endorsements, and/or extended coverage Buyer may require or request, (c) the recording
fees for the Deed, (d) any and all excise taxes resulting from the sale, unless otherwise
exempt under the provisions of WAC 458-61A-206, (e) sales tax due on any personal
property conveyed to Buyer, if any, (f) Buyer’s legal, consultant fees and all costs related
to its Due Diligence, and (g) Buyer’s share of prorations not otherwise described in
Sections 9.2.1 – 9.2.5.
9.2.3 Other Costs. All other costs and expenses will be charged according
to local industry customs.
9.2.4 Real Property Taxation. Seller will be responsible for the prorated
real property taxes due and owing prior to the Closing Date.
9.2.5 Pro-Ration of Rents. Rents, if any, shall be prorated as of the
Closing Date. Any refundable deposits and/or prepaid rents shall be transferred to Buyer at
Closing.
9.3 Closing Documents.
9.3.1 Seller’s Documents. At Closing, Seller will deliver to Escrow Agent
the following instruments and documents:
a. An executed and acknowledged Bargain and Sale Deed (“Deed”)
subject to all Permitted Exceptions.
b. The executed real estate excise tax affidavit to accompany the Deed;
and
c. An executed nonforeign person affidavit in the form required under
Section 1445 of the Internal Revenue Code.
d. A certified Rent Roll and Operational Accounting Documents related to
any leases provided for in Section 5(h), dated as of the Closing Date.
e. A bill of sale for any personal property conveyed to Buyer, if any.
f. An executed copy of the Lease in substantial conformity to that attached
as Exhibit D.
9.3.2 Buyer’s Documents. At or before Closing, Buyer shall deliver to
Escrow Agent the following funds, instruments and documents:
a. The balance of the Purchase Price in accordance with Section 3;
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b. An executed real estate excise tax affidavit; and
c. An executed copy of the Lease in substantial conformity to that attached
as Exhibit D.
10. Possession. Buyer will be entitled to possession of the Subject Property, subject to
the Lease and all tenancies disclosed to Buyer as provided in Section 5 and other Permitted
Exceptions to title, upon Closing.
11. Representations and Warranties.
11.1 Seller’s Representations and Warranties. In addition to any other
representations or warranties to City elsewhere in this Agreement, Seller represents and
warrants to Buyer that, to the best of Seller’s knowledge:
11.1.1 Authority. Seller has full power and authority to execute this
Agreement and perform Seller’s obligations and all necessary action to authorize this
transaction has been taken, except as specifically provided herein.
11.1.2 Hazardous Substances. Seller has not received notification of any
kind from any governmental agency suggesting that the Subject Property is or may be
targeted for a Hazardous Substances cleanup; to Seller’s Knowledge the Subject Property
has not been used (a) for the storage, disposal or discharge of oil, solvents, fuel, chemicals
or any type of toxic, dangerous, hazardous or biological waste or substance (collectively,
“Hazardous Substances”), or (b) as a landfill or waste disposal site; to Seller’s Knowledge
the Subject Property has not been contaminated with any Hazardous Substances; and (c) to
Seller’s Knowledge, there are no underground storage tanks on the Subject Property. Buyer
agrees to waive Seller’s Disclosure Statement under RCW 64.06.010 with the exception
of item 6 “Environmental” under RCW 64.06.013 which Seller shall deliver to Buyer
within five (5) business days following execution of this Agreement. A Seller completed
copy of the Environmental Section of Seller’s Disclosure Statement is attached as Exhibit
E for reference.
Notwithstanding the foregoing, based on the age of the improvements located on
the Subject Property, Buyer should presume the presence of asbestos and lead-based paint.
As used in this Agreement, the phrase “to Seller’s Knowledge” or words of similar
import shall mean the actual present knowledge of Maurice Skagen, about the matters so
stated, without investigation of any kind or nature and expressly excludes imputed
knowledge.
If after the opening of Escrow either party comes to have actual knowledge of a fact
or circumstance which would render a representation or warranty by Seller herein inaccurate
in any material respect, that party shall promptly advise the other party thereof in writing.
Buyer shall have, as its sole and exclusive remedy, the option, exercisable by the later of (a)
the end of Diligence & Review Period or (b) five (5) business days after such notice is given,
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to either (i) terminate this Agreement and receive a return of the Deposit or (ii) to waive such
inaccuracy in writing, in which latter event it shall be deemed to have waived all claims and
causes of action against Seller related thereto.
EXCEPT AS MODIFIED PURSUANT TO THE PRECEDING PARAGRAPH,
SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN WILL
EXPRESSLY SURVIVE THE CLOSING OR TERMINATION OF THIS AGREEMENT,
WILL NOT BE MERGED INTO THE CLOSING DOCUMENTS, AND WILL BE
DEEMED INCORPORATED INTO THE DEED. TO MAKE ANY CLAIM BASED ON
SELLER’S BREACH OF ANY OF THESE WARRANTIES OR REPRESENTATIONS,
BUYER SHALL GIVE NOTICE OF SUCH BREACH TO SELLER WITHIN ONE YEAR
AFTER THE DATE OF RECORDING OF THE DEED. SELLER SHALL ACCEPT AND
PERFORM AS REQUESTED BY BUYER IN SAID NOTICE OR REJECT THE CLAIM
IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE NOTICE FROM
BUYER. IF SELLER REJECTS SUCH CLAIM, BUYER SHALL BRING AN ACTION
AGAINST SELLER FOR SUCH BREACH WITHIN FORTY-FIVE (45) DAYS AFTER
BUYER RECEIVES SELLER’S WRITTEN REJECTION. IF BUYER DOES NOT GIVE
WRITTEN NOTICE OF SUCH A CLAIM WITHIN SAID ONE-YEAR PERIOD OR
BRING AN ACTION WITHIN SAID 45-DAY PERIOD, THEN BUYER’S RIGHT TO
MAKE CLAIM BASED ON BREACH OF SELLER’S REPRESENTATIONS AND
WARRANTIES WILL BE TERMINATED.
____________________
Buyer’s Initials Seller’s Initials
11.1.3 Buyer’s Representations and Warranties. In addition to any other
representations and warranties of Buyer elsewhere in this Agreement, Buyer represents and
warrants to Seller now, and as of the Closing Date, that (i) Buyer has full power to execute,
deliver and carry out the terms and provisions of this Agreement, and has taken all
necessary action to authorize the execution, delivery and performance of this Agreement;
and (ii) the individual executing this Agreement on behalf of Buyer has the authority to
bind Buyer to the terms and conditions of this Agreement.
11.1.4 “As Is” condition of Subject Property. OTHER THAN THE
MATTERS REPRESENTED IN SECTION 11 HEREOF OR THE DOCUMENTS MADE
AVAILABLE BY SELLER PURSUANT TO SECTION 5, BUYER HAS NOT RELIED
UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY
REPRESENTATION OR WARRANTY OF SELLER OR ANY OF SELLER’S AGENTS
OR REPRESENTATIVES. SELLER SPECIFICALLY DISCLAIMS ANY
REPRESENTATION, WARRANTY OR ASSURANCE WHATSOEVER TO BUYER
AND NO WARRANTIES OR REPRESENTATIONS OF ANY KIND OR
CHARACTER, EITHER EXPRESS OR IMPLIED, MAY BE RELIED UPON BY
BUYER WITH RESPECT TO THE STATUS OF TITLE TO OR THE MAINTENANCE,
REPAIR, CONDITION, DESIGN OR MARKETABILITY OF ANY PORTION OF THE
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PROPERTY, INCLUDING BUT NOT LIMITED TO (a) ANY IMPLIED OR EXPRESS
WARRANTY OF MERCHANTABILITY, (b) ANY IMPLIED OR EXPRESS
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (c) ANY IMPLIED OR
EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF
MATERIALS, (d) THE FINANCIAL CONDITION OR PROSPECTS OF THE
PROPERTY AND (e) THE COMPLIANCE OR LACK THEREOF OF THE REAL
PROPERTY OR THE IMPROVEMENTS WITH GOVERNMENTAL REGULATIONS,
IT BEING THE EXPRESS INTENTION OF SELLER AND BUYER THAT, EXCEPT
AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR THE DOCUMENTS MADE
AVAILABLE BY SELLER PURSUANT TO SECTION 5, THE PROPERTY WILL BE
CONVEYED AND TRANSFERRED TO BUYER IN ITS PRESENT CONDITION AND
STATE OF REPAIR, “AS IS” AND “WHERE IS”, WITH ALL FAULTS. BUYER
REPRESENTS THAT IT IS A KNOWLEDGEABLE, EXPERIENCED AND
SOPHISTICATED BUYER OF REAL ESTATE, AND THAT IT IS RELYING SOLELY
ON ITS OWN EXPERTISE AND THAT OF BUYER’S CONSULTANTS IN
PURCHASING THE PROPERTY. DURING THE INSPECTION PERIOD, BUYER
WILL CONDUCT SUCH INDEPENDENT INSPECTIONS OF THE PROPERTY AND
RELATED MATTERS AS BUYER DEEMS NECESSARY, INCLUDING, BUT NOT
LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF,
AND WILL RELY UPON SAME AND NOT UPON ANY STATEMENTS OF SELLER
(EXCLUDING THE MATTERS REPRESENTED BY SELLER IN SECTION 11
HEREOF OR THE DOCUMENTS MADE AVAILABLE BY SELLER PURSUANT TO
SECTION 5) OR OF ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT OR
ATTORNEY OF SELLER. BUYER ACKNOWLEDGES THAT ALL INFORMATION
OBTAINED OR THAT WILL BE OBTAINED BY BUYER WAS OR WILL BE
OBTAINED FROM A VARIETY OF SOURCES AND SELLER WILL NOT BE
DEEMED TO HAVE REPRESENTED OR WARRANTED THE COMPLETENESS,
TRUTH OR ACCURACY OF ANY OF THE DOCUMENTS OR OTHER SUCH
INFORMATION HERETOFORE OR HEREAFTER FURNISHED TO BUYER THAT
WAS CREATED, PREPARED, COMPILED, OR AUTHORED BY ANY PERSON OR
ENTITY OTHER THAN SELLER OR ANY OF ITS AGENTS OR AFFILIATES.
EXCEPT AS MAY BE EXPRESSLY PROVIDED OTHERWISE IN THIS
AGREEMENT OR THE DOCUMENTS MADE AVAILABLE BY SELLER
PURSUANT TO SECTION 5, UPON CLOSING, BUYER WILL ASSUME THE RISK
THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE
PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN
REVEALED BY BUYER’S INSPECTIONS AND SELLER WILL SELL AND
CONVEY TO BUYER, AND BUYER WILL ACCEPT THE PROPERTY, “AS IS,
WHERE IS,” WITH ALL FAULTS. BUYER FURTHER ACKNOWLEDGES AND
AGREES THAT SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY
ORAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION
PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL ESTATE BROKER,
AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS THE SAME ARE
SPECIFICALLY SET FORTH OR REFERRED TO HEREIN. BUYER, WITH
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BUYER’S COUNSEL, HAS FULLY REVIEWED THE DISCLAIMERS AND
WAIVERS SET FORTH IN THIS AGREEMENT, AND UNDERSTANDS THE
SIGNIFICANCE AND EFFECT THEREOF. BUYER ACKNOWLEDGES AND
AGREES THAT THE DISCLAIMERS AND OTHER AGREEMENTS SET FORTH
HEREIN ARE AN INTEGRAL PART OF THIS AGREEMENT. THE TERMS AND
CONDITIONS OF THIS SECTION 11.1.4 WILL EXPRESSLY SURVIVE THE
CLOSING OR TERMINATION OF THIS AGREEMENT, WILL NOT BE MERGED
INTO THE CLOSING DOCUMENTS AND WILL BE DEEMED INCORPORATED
INTO THE DEED.
12. Maintenance of Subject Property; Risk of Loss, Condemnation.
12.1 Maintenance of Subject Property. From the Effective Date of this
Agreement until the Closing Date (or any earlier termination of this Agreement), Seller
agrees to maintain the Subject Property in substantially the same condition existing as of
the Effective Date, ordinary wear and tear accepted.
12.2 Risk of Loss; Condemnation. Risk of loss of or damage to the
improvements on the Subject Property will be borne by Seller (except for losses or damage
caused by Buyer) at all times until the Closing Date and no event of casualty or damage shall
affect the Parties’ obligations under the Agreement or the Purchase Price. However, in the
case of casualty occurring after the Effective Date, Buyer will have the right to receive any
insurance proceeds due Seller in connection with any casualty or damage and Seller
covenants to maintain commercially reasonable casualty insurance in place with respect to
the Subject Property at all times prior to Closing. Seller or Buyer shall promptly notify
Buyer or Seller of any condemnation or eminent domain proceeding which affects or may
affect the Subject Property. In the event of any condemnation or eminent domain
proceeding by any entity other than City, or a deed in lieu of or under threat thereof, which
affects a material portion of the Subject Property, Buyer may elect either to terminate this
Agreement, or to purchase the Subject Property in the condition existing on the Closing
Date without adjustment of the Purchase Price.
13. Default.
13.1 Time of Essence. Time is of the essence for this Agreement.
13.2 Seller’s Election of Remedies. Should Buyer default under this Agreement,
Seller may, at its sole and exclusive remedy, terminate this Agreement and keep that portion
of the Deposit that does not exceed five percent (5%) of the Purchase Price as liquidated
damages as the sole and exclusive remedy. Buyer and Seller agree that retention of the
Deposit by Seller as outlined above, represents a reasonable estimation of damages in the
event of Buyer’s default, as actual damages would be difficult to ascertain, and further that
this provision does not constitute a penalty. In this respect, Buyer and Seller acknowledge
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that these damages have been specifically negotiated between Buyer and Seller and are,
inter alia, to compensate Seller for delaying the eventual sale of the Subject Property and
to compensate Seller or its costs and expenses associated with this Agreement.
13.3 Buyer’s Remedies for Seller’s Default. If Seller fails to complete the sale
of the Subject Property in accordance with this Agreement, Buyer’s remedy will be to
terminate this Agreement or to seek specific performance.
14. Notices. All notices, demands and other communications required or permitted to
be given shall be in writing and shall be sent by personal delivery (including by means of
professional messenger or courier service) or registered or certified mail, postage-prepaid,
return-receipt requested, or by electronic mail (email) at the addresses provided. Notice
shall be deemed to have been given if personally delivered or sent by electronic mail
(email), upon receipt, if sent by mail, two (2) days after duly placed in the U.S. Mail to all
of the addresses designated for such party.
The Parties’ respective addresses for notices are as follows:
TO THE BUYER TO SELLER
City of Auburn – Real Estate Division Maurice Skagen
Attn: Josh Arndt 29308 132nd Ave SE
25 West Main Auburn, WA 98092
Auburn, WA 98001 253.631.3292
253.288.4325 mauriceskagen@comcast.net
Jarndt@auburnwa.gov
With copies to: With copies to:
City of Auburn – Legal Department Draper Law PLLC
Attn: Jason Whalen Adam Draper
25 West Main St 6833 32nd Ave. NE
Auburn, WA 98001 Seattle, WA 98115
253.804.5026 206.348.8240
JWhalen@auburnwa.gov
adam@draperlawpllc.com
Notice of change of address shall be given by written notice in the manner detailed in this
Section.
15. General.
15.1 Entire Agreement. This is the entire Agreement (including the attached
Exhibits) of Buyer and Seller with respect to the matters covered hereby and supersedes all
prior agreements between them, written or oral. This Agreement may only be modified or
amended in writing, signed by Buyer and Seller. Any waivers must be in writing. No
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waiver of any right or remedy in the event of default will constitute a waiver of such right
or remedy in the event of any subsequent default. Venue for disputes under this Agreement
is the Superior Court of King County, Washington.
15.2 Choice of Law. This Agreement will be governed by the laws of the State
of Washington.
15.3 No Third-Party Beneficiaries/Severability. This Agreement is for the
benefit only of the Parties and shall inure to the benefit of and bind the heirs, personal
representatives, successors and permitted assigns of the Parties. The invalidity or
unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision. This Agreement may be executed in counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
15.4 Survival of Rights, Duties, and Obligations. The Parties’ rights, duties,
covenants, and obligations shall survive Closing and the expiration or earlier termination
of this Agreement.
15.5 Indemnification. Until Buyer’s acquisition of the Subject Property at
Closing, Seller shall indemnify, defend, and hold Buyer harmless from and against any and
all claims and agency orders or requirements relating to or arising out of, directly or
indirectly, the Subject Property, except to the extent caused by the negligence or willful
misconduct of Buyer.
15.6 Signing Authority. Each of the Parties represents and warrants that the
individual signing this Agreement on its behalf is duly authorized to enter into this
Agreement and to execute and legally bind such Party to it. The City of Auburn’s signing
authority is subject to Section 15.12.
15.7 Attorneys’ Fees. In the event suit or action is instituted to interpret or
enforce the terms of this Agreement, the prevailing party is entitled to recover from the
other party such sum as the Court may adjudge reasonable as attorneys’ fees, including
fees incurred at trial, on any appeal and in any petition for review.
15.8 Exclusivity. During the term of this Agreement, Seller will not market nor
list the Subject Property for sale, nor accept any offers from third parties with respect to
the sale of the Subject Property.
15.9 Information Transfer. In the event this Agreement is terminated, Buyer
agrees to deliver to Seller within ten (10) days of Seller's written request copies of all
materials received from Seller and any non-privileged plans, studies, reports, inspections,
appraisals, surveys, drawings, permits, applications or other development work product
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relating to the Property in Buyer's possession or control as of the date this Agreement is
terminated.
15.10 Reservation of Police Power. Notwithstanding anything to the contrary set
forth in this Agreement, Buyer understands and acknowledges that City’s authority to
exercise its police (regulatory) powers in accordance with applicable law shall not be
deemed limited by the provisions of this Agreement.
15.11 Counterparts. This Agreement and any amendments that may come to exist,
may be executed in as many counterparts as may be convenient or required. It shall not be
necessary that the signature of, or on behalf of, each Party, or that the signature of all
persons required to bind any Party, appear on each counterpart. All counterparts
collectively constitute a single instrument.
15.12 Approval by Auburn City Council. The Parties acknowledge and agree
that this Agreement is subject to and contingent upon the approval and ratification of the
Auburn City Council, by resolution.
15.13 No Broker. No broker, finder, agent or similar intermediary has acted for or
on behalf of the Buyer. Any broker, finder, agent or similar intermediary acting for or on
behalf of the Seller, if any, shall be paid from Seller’s proceeds in accordance with Section
9.2.1 above.
15.14 Assignment. Buyer’s rights and obligations under this Agreement are not
assignable without the prior written consent of Seller, which shall not be withheld
unreasonably; provided, however, Buyer may assign this Agreement without the consent
of Seller, but with notice to Seller, to any entity under common control and ownership of
Buyer, provided no such assignment shall relieve Buyer of its obligations hereunder. The
party identified as the initial Buyer shall remain responsible for those obligations of Buyer
stated in this Agreement notwithstanding any assignment.
15.15 Exhibits. The following exhibits are attached and incorporated into this
Agreement by reference.
Exhibit A – Legal Description of the Subject Property
Exhibit B – Boundary Line Adjustment Depiction
Exhibit C – Operating Agreement with the The Soos Creek Botanical Garden
Foundation
Exhibit D – Maurice Skagen Lease
Exhibit E – Seller Disclosure – Environmental
SIGNATURES ON THE FOLLOWING PAGE
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SIGNATURE PAGE
BUYER SELLER
CITY OF AUBURN
________________________________
_________________________________
Nancy Backus, Mayor Date: Morris W. Skagen Date:
Approved as to Form:
______________________________ ____________________________
Jason Whalen, Auburn City Attorney
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EXHIBIT A
Legal Description of the Subject Property
Parcel # 032105-9074 Post BLA
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EXHIBIT B
Boundary Line Adjustment Depiction
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EXHIBIT C
Operating Agreement with the The Soos Creek Botanical Garden Foundation
(See Resolution 5901)
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EXHIBIT D
Morris Skagen Lease
I. Recitals
1. Maurice W. Skagen is the former owner of approximately 15.93 acres of real property located
in the City of Auburn in King County, Washington (the “Property”), the majority of which
Property operates as a public botanical garden (the Botanical Garden”).
2. In 2026, Mr. Skagen sold the Property to the City of Auburn, including the Botanical Garden
(the “Sale”).
3. Included in the Sale were Mr. Skagen’s primary residential dwelling, having an address of
29308 132nd Ave SE, Auburn, 98092 (the “House”), and an adjacent building that houses a
historical museum that is part of the Botanical Garden (together, the “Skagen Buildings”).
4. As part of the negotiated terms of the Sale, Mr. Skagen agreed to contribute the value of the
Skagen Buildings to the City as an in-kind donation, and the City agreed to lease the House
rent-free to Mr. Skagen after the Sale. A City-commissioned appraisal determined a fair
market allocation of value for the Skagen Buildings in the amount of Eight Hundred Thousand
Dollars ($800,000), and the parties agreed that the City would grant Mr. Skagen a rent-free
lease of the House for a term terminating upon his death or upon his voluntary vacation of the
House.
II. Agreement
THIS LEASE AGREEMENT (“Lease") is made and entered into this ___ day of
___________, 2026, by and between the City of Auburn ("City") and Morris W. Skagen
("Tenant").
FOR AND IN CONSIDERATION of the covenants and obligations contained herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties hereto hereby agree as follows:
1. PREMISES. The City leases to Tenant according to the terms and conditions set forth herein
the House having the address 29308 132nd Ave SE, Auburn, WA, King County and in a non-
exclusive capacity, the adjacent parking areas (collectively the “Premises”).
2. TERM. This Lease shall commence immediately upon the close of Sale and shall terminate
upon the earlier of the following: (1) Tenant voluntarily vacates the Premises within Tenant’s
sole and absolute discretion; or (2) Tenant’s death. If Tenant wishes to voluntarily terminate
this Lease, Tenant shall provide City with written notice (“Termination Notice”) no less than
ninety (90) days prior to the intended termination date, which shall be stated in the
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Termination Notice. However, where a health issue or other exigent circumstance necessitates
Tenant’s voluntary termination of this Lease, Tenant shall provide as much notice to City as
reasonably possible under the circumstances. In the event of a Tenant default, the City may
terminate this Lease for cause by providing Tenant with written notice and allowing the notice
period required under applicable law, including but not limited to RCW 59.18, and local code.
If this Lease is terminated due to Tenant’s death, City shall permit the personal
representative of Tenant’s estate, or any person lawfully authorized to act on behalf of the estate,
reasonable access to the Premises to remove Tenant’s personal property in accordance with
Tenant’s wishes. The estate shall have up to ninety (90) days from the date of death to remove
all personal property from the Premises and vacate, provided, however, that personal property
designated by Tenant within Tenant’s sole and absolute discretion shall stay on the Premises as
part of the [insert purpose of certain items remaining as a benefit to the house/city – e.g.
paintings, furniture, etc.]. During this period, the estate shall be responsible for maintaining the
Premises in good condition and for payment of all utilities.
Except for personal property designated by Tenant to remain in the Premises after the
end of the Lease, any personal property remaining after the removal period may be disposed of
by City in accordance with applicable law. City shall be entitled to recover from Tenant’s estate
any costs and fees associated with the removal and disposal of Tenant’s personal property, any
unpaid utility charges, and any cleaning reasonably necessary to return the Premises to
acceptable condition, plus an additional ten (10%) percent of such documented costs and fees
for administrative and management fees.
3. CONSIDERATION. As partial consideration for the Tenant’s conveyance of the Property to
City and particularly Tenant’s in-kind donation of the equity value of the Skagen Buildings to
City in connection with the Sale, the parties acknowledge and agree that no rent or other
monetary consideration shall be due from Tenant for the use and occupancy of the Premises
during the Term of this Lease. The equity value donated by Tenant as part of the Sale
constitutes substantially more than full and sufficient consideration for this Lease, and City
waives any right to require rental payments, other than applicable leasehold excise tax from
Tenant unless otherwise expressly set forth herein.
4. USE OF PREMISES. Except as otherwise provided in this Section 4, this Lease is restricted
solely for the use and occupancy of the Tenant.
4.1. CAREGIVER. Tenant shall be entitled to have an in-home Caregiver reside within the
Premises. The Caregiver shall be subject to the conditions and obligations of this Lease,
but shall not benefit or be awarded tenancy to the Premises in their own right. For the
purposes of this Lease the term “Caregiver” shall mean: an individual who resides in the
Premises solely for the purpose of providing bona fide caregiving, assistance, or support
services to Tenant. The Caregiver is not a tenant, not an occupant, not a co-tenant, and
not a party to this Lease, and has no right of possession or occupancy independent of
Tenant. The Caregiver’s right to be present in the Premises is within Tenant’s sole and
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absolute discretion and is strictly incidental to and contingent upon; i) the continued
residency of Tenant, and ii) the active provision of Caregiver services to Tenant.
4.2. LIVE-IN GUEST. In addition to the Caretaker, [INSERT WOMANS NAME] is also
allowed to reside in the Premises as a guest of Tenant. [INSERT WOMANS NAME] is
not a tenant, not an occupant, not a co-tenant, and not a party to this Lease, and has no
right of possession or occupancy independent of Tenant.
5. CONDITION OF PREMISES. The Tenant stipulates, represents and warrants that
Tenant occupied the Premises as their personal residence prior to the Sale and as such Tenant
is fully aware of and accepts the condition of the Premises in its “as is” condition as of the
Commencement of this Lease. Upon commencement of this Lease the parties shall complete a
checklist describing the condition of the Premises which shall be in substantial conformity to
the checklist attached as Exhibit A.
Tenant further warrants that during the Term of this Lease it will not cause or allow anything
that will degrade the condition of the Premises. Normal wear and tear and acts of god
notwithstanding.
6. ASSIGNMENT AND SUB-LETTING. The Tenant is not permitted to assign or sublet
this Lease under any circumstances.
7. ALTERATIONS AND IMPROVEMENTS. The Tenant shall make no alterations or
improvements on the Premises without the prior written consent of the City, which the City
may withhold or condition in its sole and absolute discretion. City hereby gives its written
consent for Tenant to make alterations or improvements that are reasonably necessary for
Tenant’s health and/or mobility purposes on the Premises, provided Tenant gives at least
fifteen (15) days’ written notice to City in advance of such alterations or improvements.
8. LIABILITY AND INDEMNIFICATION. The Tenant shall indemnify, defend, and hold
harmless the City, its employees, officials and agents against any and all claims, demands and
lawsuits, and shall pay all costs and attorney’s fees incurred in the defense thereof, for any
injury to persons or property damage, including claims from Tenant’s caretakers, guests, and
invitees allegedly resulting from any act, incident, or accident arising from or relating to the
Tenant’s use of the Premises except such loss or damage, or cost incurred in defense, which
arises out of the sole negligence of the City. The Tenant’s obligation to indemnify the City
shall not be relieved by its obligation to provide insurance coverage set forth below.
Tenant agrees to waive immunity under the industrial insurance provisions of Title 51 RCW, but
only to the extent necessary to indemnify City, and Tenant agrees that this waiver has been
mutually negotiated by the parties.
Except in the event of negligence or willful misconduct of City, City shall not be liable for injury
or damage which may be sustained by the person, goods, wares, merchandise or property of
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Tenant, its employees, invitees or customers, or any other person in or about the Premises. In
no event shall City be liable for consequential damages.
9. INSURANCE. Tenant agrees to at all times during the term of the Lease, at its own
expense, maintain and keep in effect the following insurance policies at the stated limits.
• A renters insurance policy (HO-4 or equivalent) providing not less than One
Million and 00/100 Dollars ($1,000,000) in personal liability coverage per
occurrence. Tenant’s policy shall cover losses or damages to the Premises caused
by Tenant, Tenant’s guests, or Tenant’s pets, including but not limited to fire,
smoke, water discharge, and other negligent acts. Tenant is responsible for insuring
Tenant’s personal property, and City shall have no liability for loss or damage to
Tenant’s belongings. Tenant shall provide proof of insurance upon commencement
of the Lease and upon each policy renewal. City shall be listed as an “interested
party” for notice of cancellation or non-renewal. Failure to maintain required
insurance is a material breach of this Lease.
• General liability coverage providing not less than One Million and 00/100 Dollars
($1,000,000) in liability protection per occurrence for bodily injury and property
damage arising out of Tenant’s use or occupancy of the Premises. This coverage
may be satisfied through the renters insurance policy stated above or through an
equivalent stand-alone liability policy.
• Pet Liability Insurance. If Tenant is permitted to keep any pet or animal in the
Premises, Tenant shall maintain pet liability insurance coverage, either as part of
Tenant’s renters insurance policy or through a separate rider or policy in an amount
not less than Two Hundred Fifty Thousand and 00/100 Dollars ($250,000) for
bodily injury or property damage caused by the pet. Tenant remains fully
responsible for all damage or injury caused by Tenant’s pet, regardless of insurance
coverage.
Insurance coverages shall not be suspended, voided, cancelled, or reduced in limits without until
after forty-five (45) days prior notice is provided to the City. The failure to maintain the
insurance coverages at the amounts listed above shall be a breach of this Lease and may result
in default and eviction by the City.
10. HAZARDOUS MATERIALS. The Tenant shall not keep on the Premises any item
of a dangerous, flammable or explosive character that might unreasonably increase the
danger of fire or explosion on the Premises or that might be considered hazardous or
extra hazardous by any responsible insurance company.
11. UTILITIES. Tenant shall be responsible for arranging for and timely paying for all
utility services required on the Premises, which shall be in the Tenant’s name;
provided, water service (if not served by a well) for the Premises shall be in the name
of the City. Water bills shall be mailed to the Tenant, and failure of the Tenant to pay
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any water bill shall be a breach of this Lease. The Tenant has signed the Tenant
Release Form, attached hereto as Exhibit B and incorporated by reference, authorizing
the water bills to be mailed to the Tenant.
12. REPAIR AND MAINTAINANCE OF PREMISES.
City Responsibilities. City shall maintain the Premises and all building systems in a safe
and habitable condition and in compliance with all applicable laws. Except as otherwise
provided in this Lease, City shall be responsible for the repair and maintenance of the following
which the parties acknowledge may be done through a third-party agreement:
• Structural components of the Premises, including the roof, exterior walls,
foundation, and building envelope.
• Major building systems, including plumbing, electrical, heating, water heater,
and ventilation systems.
• Appliances – stove/range, dishwasher (if any), refrigerator. Excludes washer
and dryer.
• Smoke detectors, carbon monoxide detectors, locks, exterior doors, windows,
and any safety related components required by law.
Tenant Responsibilities. Tenant shall maintain the Premises in a clean, sanitary, and
safe condition and shall promptly notify City in writing of any condition requiring repair. Tenant
shall be responsible for the following:
• Routine cleaning and housekeeping, including proper disposal of garbage.
• Minor maintenance such as replacing light bulbs, smoke detector/carbon
monoxide detector batteries, and furnace filters. Tenant shall be required to
replace furnace filters on a not less than quarterly basis.
• Keeping drains, toilets, and plumbing fixtures free of improper materials and
obstructions.
• Damage caused by Tenant, Tenant’s guests, or pets.
• Costs to repair or replace any appliance or fixture damaged through misuse or
negligence.
Tenant shall provide City, or City’s agents, with reasonable access to the Premises for inspection,
maintenance, and repairs in accordance with applicable notice requirements.
13. SERVICE OF NOTICES. All notices required by this agreement and applicable state
or local law to be served by the Tenant upon the City shall be mailed or emailed to the
following address:
CITY TENANT
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All notices required by this agreement and applicable state or local law to be served by the City
upon the Tenant shall be mailed or emailed to the email or address listed above, and personally
delivered and left at the Premises with a person of suitable age. If no one of suitable age is home,
a copy of the notice shall be posted in a conspicuous place on the Premises. All notices required
by this agreement to be delivered by Tenant to the City shall be mailed or emailed to the email
or address listed above.
14. VACATING THE PREMISES. Upon termination of this agreement, the Tenant and its
caregivers, guests, or other invitees shall vacate the Premises, return all keys to the City,
remove all personal property belonging to the Tenant (except for such items as Tenant chooses
within his discretion to leave in the Premises) and leave the Premises in the same condition as
the Tenant found them except for normal wear and tear. Such actions shall be in accordance
with the timelines in Section 2 above.
15. ENTRY BY CITY. Except in the case of an emergency, the City shall only enter the
Premises after giving the Tenant at least four (4) calendar days advance notice. The City shall
only enter at reasonable times, for the purpose of inspecting the Premises, making repairs or
improvements, supplying necessary or agreed services or showing the Premises to workers or
contractors.
16. COMPLIANCE WITH APPLICABLE LAWS & REGULATIONS. The Tenant shall not
knowingly commit or willfully permit to be committed on the Premises any act or thing
contrary to the laws, rules or regulations of any federal, state or local governmental authority.
The Tenant specifically agrees to comply and pay all costs associated with achieving such
compliance in the event Tenant is responsible for such contrary act or thing.
17. DAMAGE, DESTRUCTION & CASUALTY. Tenant shall promptly notify City of any
damage to the Premises resulting from fire or any other casualty. If the Premises shall be
damaged by fire or other casualty, City may at its sole discretion, elect to promptly and
diligently, subject to reasonable delays for insurance adjustment or other matters beyond City’s
Real Estate Division
Attn: Josh Arndt
25 W Main
Auburn, WA 98001
(253) 288-4325
jarndt@auburnwa.gov
With Copies to
City Attorney’s Office
25 W Main
Auburn, WA 98001
jwhalen@auburnwa.gov
Morris W. Skagen
29308 132nd Ave SE
Auburn, WA 98092
(253) 247-5052
mauriceskagen@comcast.net
With Copies to
Matt Jennings
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[EMAIL]
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control, restore the structural components of the Premises. Such restoration shall be subject to
modifications required by zoning and building codes and other Laws. Upon the occurrence of
any damage to the Premises, Tenant shall assign to City all insurance proceeds payable to
Tenant under Tenant’s insurance pertaining to all tenant improvements and fixtures in the
Premises (but not Tenant’s personal property), and City shall repair any damage to the tenant
improvements installed in the Premises and shall return such tenant improvements to their
original condition or better. Alternatively, if a casualty renders the Premises uninhabitable as
reasonably determined by the City, City may elect, according to the Residential City Tenant
Act, not to rebuild and/or restore the Premises and instead terminate this Lease by providing
Tenant 120 days’ notice in writing of such termination. In the event City elects not to rebuild
or restore the Premises, Tenant has the right to all insurance proceeds payable to Tenant under
Tenant’s insurance and Tenant may within his discretion choose to rebuild and/or restore the
Premises using insurance proceeds and any other funds at Tenant’s disposal, subject to City’s
prior written approval. The City shall not be liable for any interruption of Tenant’s business
due to any casualty.
18. QUIET ENJOYMENT. The Tenant, upon Tenant's performance of all the Tenant's
agreements contained herein and the Tenant's observance of all rules and regulations, shall and
may peacefully and quietly have, hold and enjoy said Premises for the term hereof.
19. RIGHTS AND REMEDIES. The rights and remedies under this Lease are cumulative, and
either party's using any one right or remedy will not preclude or waive that party's right to use
any other. These rights and remedies are in addition to any other rights the parties may have by
law, statute, ordinance, or otherwise.
20. NO LIEN. Tenant shall discharge any mechanic’s lien filed against the Premises within thirty
(30) days after the receipt of notice thereof, and shall promptly inform City of any such notice.
If the lien is not discharged within this period, City shall have the right, but not the obligation,
to discharge the lien by payment, bonding or otherwise, and the costs and expenses to City of
doing so shall be paid to the City by Tenant on demand as additional rent.
21. GOVERNING LAW. This Lease shall be governed, construed and interpreted by, through
and under the Laws of the State of Washington, in particular, the Residential Landlord Tenant
Act, RCW Chapter 59.18, and all applicable local code.
22. SEVERABILITY. If any provision of this Lease or the application thereof shall, for any
reason and to any extent, be invalid or unenforceable, neither the remainder of this Lease nor
the application of the provision to other persons, entities or circumstances shall be affected
thereby, but instead shall be enforced to the maximum extent permitted by law.
23. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be
binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties
hereto.
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24. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of
reference only and they are not intended to have any effect whatsoever in determining the
rights or obligations of the City or Tenant.
25. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender
or both, singular and plural.
26. NON-WAIVER. No indulgence, waiver, election or non-election by City under this Lease
shall affect Tenant's duties and liabilities hereunder.
27. MODIFICATION. The parties hereby agree that this document contains the entire agreement
between the parties and this Lease shall not be modified, changed, altered or amended in any
way except through a written amendment signed by all of the parties hereto.
[SIGNATURES ON THE FOLLOWNG PAGE]
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CITY OF AUBURN TENANT
____________________________ ____________________________
Nancy Backus, Mayor ____________________________
Date: ______________ Date: ______________
Approved as to Form:
____________________________
City Attorney
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State of Washington )
)ss.
County of King )
I certify that I know or have satisfactory evidence that Nancy Backus is the person who appeared
before me, and said person acknowledged that she signed this instrument, on oath stated that she
was authorized to execute the instrument and acknowledged it as the Mayor for the City of
Auburn to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Subscribed and Sworn before me this ______ day of ________________, 2026.
____________________________
________________, Notary Public
In and for the State of Washington
Residing at ________, Washington
Commission Expires: __________
State of Washington )
)ss.
County of ________ )
I certify that I know or have satisfactory evidence that _______________ is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath
stated that he/she was authorized to execute the instrument and acknowledged it to be the free
and voluntary act of such person for the uses and purposes mentioned in this instrument.
Subscribed and Sworn before me this ______ day of ________________, 2026.
____________________________
________________, Notary Public
In and for the State of Washington
Residing at ________, Washington
Commission Expires: __________
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EXHIBIT A (to Lease)
DESCRIPTION OF UNIT
Address: _____________________________________________
Tenant: _____________________________________________
1 = New Signed:
2 = Good
3 = Fair __________________________
4 = Poor City(s) Date:
__________________________
Tenant(s) Date:
Page 423 of 451
Purchase and Sale Agreement – COA / Maurice Skagen
King County Parcel # 032105-9074 post BLA_______
Page 31 of 32
EXHIBIT B (to Lease)
TENANT UTILITY RELEASE FORM
Page 424 of 451
Purchase and Sale Agreement – COA / Maurice Skagen
King County Parcel # 032105-9074 post BLA_______
Page 32 of 32
EXHIBIT E
Seller Disclosure – Environmental
ENVIRONMENTAL DISCLOSURE Yes No Don’t
Know
N/A
A Have there been any flooding, standing water, or drainage
problems on the property that affect the property or access to
the property?
B Does any part of the property contain fill dirt, waste, or other
fill materials?
C Is there any material damage to the property from fire, wind,
floods, beach movements, earthquake, expansive soils, or
landslides?
D Are there any shorelines, wetlands, floodplains, or critical
areas on the property?
E Are there any substances, materials, or products in or on the
property that may be environmental concerns, such as
asbestos, formaldehyde, radon gas, lead-based paint, fuel or
chemical storage tanks, or contaminated soil or water?
F Has the property been used for commercial or industrial
purposes?
G Is there any soil or groundwater contamination?
H Are there transmission poles or other electrical utility
equipment installed, maintained, or buried on the property that
do not provide utility service to the structures on the property?
I Has the property been used as a legal or illegal dumping site?
J Has the property been used as an illegal drug manufacturing
site?
K Are there any radio towers in the area that cause interference
with cellular telephone reception?
If you answered yes to any of the following, please give further details here.
Page 425 of 451
--------------------------------
Resolution No. 5901
April 1, 2026
Page 1 of 2 Rev. 2026
RESOLUTION NO. 5901
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE ON BEHALF OF THE CITY, AN OPERATING
AGREEMENT FOR SERVICES WITH THE SOOS CREEK
BOTANICAL GARDEN FOUNDATION FOR THE
CONTINUED OPERATIONS, IMPROVEMENT AND
MAINTENANCE OF THE SOOS CREEK BOTANICAL
GARDEN AND HERITAGE CENTER
WHEREAS, The Soos Creek Botanical Garden Foundation (the “Foundation”), a
Washington nonprofit corporation, originally formed under a different non-profit entity
name has improved, maintained, and operated the Soos Creek Botanical Garden &
Heritage Center (the “Garden”) for the benefit of the public since 2009; and
WHEREAS, it was a required condition in the purchase and sale contract between
the City and Mr. Skagen that the Foundation and the City of Auburn (the “City”) enter into
an Operating Agreement with the Foundation for the continued operations, improvement,
and maintenance of the Garden; and
WHEREAS, the Foundation has agreed to perform and will perform the duties and
services provided for in the Operating Agreement at no cost to the City,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute the Operating Agreement
attached as Exhibit A (the “Agreement”), and any future amendments to the Agreement
as appropriate subject to Auburn City Code 3.10.020.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Page 426 of 451
--------------------------------
Resolution No. 5901
April 1, 2026
Page 2 of 2 Rev. 2026
Section 3. The City Clerk is authorized to make necessary corrections to this
Resolution including, but not limited to, the correction of scrivener’s/clerical errors,
references, Resolution numbering, section/subsection numbers, and any references
thereto.
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Page 427 of 451
CITY OF AUBURN
OPERATING AGREEMENT FOR SERVICES
SOOS CREEK BOTANICAL GARDEN FOUNDATION
THIS OPERATING AGREEMENT FOR SERVICES (“Agreement”) is made and entered into on
this _______ of , 2026, by and between the CITY OF AUBURN (“City”), a municipal
corporation of the State of Washington, and THE SOOS CREEK BOTANICAL GARDEN
FOUNDATION, a Washington nonprofit corporation (UBI Number 602 961 230) (“Foundation”), whose
mailing address is 29308 132nd Ave SE, Auburn, WA 98092. Individually, the City and the Foundation
are referred to herein as a “Party,” and collectively, as the “Parties.”
RECITALS:
1. By Bargain and Sale Deed dated _________, and recorded under King County Recording No.
___________, the City is the owner of that certain real property commonly known as Soos Creek Botanical
Garden & Heritage Center, located at 29308 132nd Ave SE, Auburn, King County, Washington 98092,
legally described as set forth on Exhibit A, and as depicted on Exhibit B (the “Property”). The Property
consists of approximately 15.93 acres of land and contains a main house and attached aviary, an open
pavilion for events, and an additional structure, the Heritage Center, and all its historical items and personal
property contents, which is devoted to the history of the early settlers of the area called the Soos Creek
Plateau.
2. The Property was acquired by the City with King County Conservation Futures Tax Levy (“CFT”)
Funds, in part, and as a result of the charitable gift and benevolence of Morris (or Maurice) W. Skagen,
whose Norwegian immigrant ancestors purchased the acreage on which the Property is located, in part,
between 1891 and 1905, in the early years following Auburn’s incorporation. The City acquired the
majority (15.93 acres) of the Property from Mr. Skagen, and the remainder (approximately 25.84 acres)
will be acquired from the Foundation when CFT funds become available (the “Foundation Property”).
Because of the utilization of CFT funds to acquire the Property, a relevant portion of the Property is subject
to and restricted by a deed restriction covenant, effectively maintaining the Property as open space for the
benefit of the public, consistent with the charitable intent of Maurice Skagen.
3. The Soos Creek Botanical Garden Foundation (Foundation) is a Washington nonprofit corporation,
registered as a 501(c)(3) entity with EIN 27-1104322. The Foundation was initially formed in 2009 as The
James Daly and Morris Skagen Garden Foundation,1 for the purpose of “the preservation and enhancement
of exceptional gardens for the benefit of the public,” among other related purposes. Since that time, and
prior to the City’s acquisition of the Property, the Foundation, along with Mr. Daly and Mr. Skagen, has
1 On June 17, 2010, the Articles of Incorporation were amended to change the name of the nonprofit entity to The
Soos Creek Botanical Garden Foundation.
Page 428 of 451
improved, maintained, and operated the Property (in addition to other adjacent property parcels, not
acquired by the City) for the benefit of the public as the Soos Creek Botanical Garden & Heritage Center
(hereinafter, the “Garden”). Per the Garden’s website, the Garden “provides a diversity of gardens based
upon international, regional, and historical gardens, while providing education and conversation of
horticulture, the environment, and history”. See www.sooscreekbotanicalgarden.org.
4. It was a required condition in each of the purchase and sale contracts between the City and
Foundation and the City and Mr. Skagen that the Parties would enter into this Agreement in order to
establish the Foundation’s continuing operation and maintenance of the Garden after the City’s acquisition.
Neither the City, the Foundation nor Mr. Skagen would have agreed to the City’s acquisition of the Property
unless the Foundation continues to operate and maintain the Garden as long as it is adequately able to do
so.
5. The City and the Foundation mutually desire for the Foundation to continue to maintain and operate
the Property as the Soos Creek Botanical Garden & Heritage Center as the Foundation has done since its
founding in 2009, order to preserve its natural and historical significance and to ensure the Property remains
an asset in perpetuity for the benefit of the public, including the residents of the City of Auburn as well as
those local and regional patrons of Soos Creek Botanical Garden & Heritage Center.
6. Until such time when the City acquires the Foundation Property, the City will require the
Foundation to execute an easement for ingress, egress, parking and operations substantially in the form
attached as Exhibit D.
AGREEMENT:
In consideration of the recitals set forth above, and the conditions and the mutual promises and
covenants contained in this Agreement, the Parties agree as follows:
1. Foundation’s Duties and Responsibilities
The Foundation agrees to continue to operate, maintain, and improve the Property as part of the
Garden in order to maintain and enhance a regionally significant botanical garden and collection of
native species, as well as non-native species compatible with the region, while providing education
and conservation of horticulture, the environment, and history consistent with those duties and
responsibilities as outlined on Exhibit C (the “Services”).
2. Additional Services
The Parties may, within their respective discretion, agree to amend this Agreement if additional
property is acquired or if additional services are required beyond those specified in Exhibit C. An
amendment must be written and agreed to by the Parties before Foundation performs any additional
services, and it must specify the nature, scope, and payment terms, if any, for the additional services.
If the period for completing additional services makes the advance signing of an amendment
impractical, the Parties agree to perform only the additional services approved in writing by their
authorized representative pending the signing of an Amendment as set forth in this Section.
3. Foundation’s Representations, Qualifications, and Financial Strength
Page 429 of 451
Foundation represents and warrants that it has all the required licenses, certifications, qualifications,
and operational finances necessary to perform the services in this Agreement and agrees to maintain
its 501(c)(3) status during the entire term of this Agreement. Foundation represents that its signatory
to this Agreement has the requisite legal authority to bind Foundation to the terms and conditions of
this Agreement.
4. No Rent or Compensation to be Paid
a. No Rent or Compensation to be Paid to either Party. The City obtained CFT funds to
acquire the Property, in part, with the balance of the purchase price gifted to the City by Maurice
Skagen. In consideration of the fact the Foundation is a 501(c)(3) charitable organization whose
purpose and mission is to provide public benefit via its work at the Garden, including particularly to
the residents of the City of Auburn, the City and Foundation agree that no rent will be payable by the
Foundation to the City for its use of the Garden, nor shall the City pay the Foundation any monetary
compensation for the Foundation’s performance of this Agreement, including the performance of
those Services set forth on Exhibit C, absent mutual agreement and contingent upon available
funding. The Parties agree to work cooperatively in the Foundation’s attempts to acquire available
grant funding that would enhance the operation and offerings of the Garden to the public, including
without limitation via applications to various potentially applicable Washington State and King
County grant programs.
b. Prevailing Wage. The Foundation will pay its non-volunteer personnel, if any, the
applicable prevailing wage for all laborers and staff in the performance of the Services. The minimum
prevailing wage rate paid for each year shall be the rate in effect on January 1 of each year. The
Foundation shall file annually its Intent to Pay Prevailing Wages form and an Affidavit of Wages
Paid form with the Department of Labor & Industries.
c. Leasehold Excise Tax. If Washington State requires the City to collect a Leasehold Excise
Tax (LET) because the Foundation is deemed to have a leasehold interest in all or any portion of the
Property or Garden, owed by the City, then the Foundation will be responsible for the LET, at 12.84%
of the value then determined for the leasehold interest.
5. Time for Performance, Term, and Termination of Agreement
a. Term. The term of this Agreement commences upon the Closing of the transaction
whereby the City acquires the Property (the “Effective Date”). Once commenced, the
Foundation shall perform all Services set forth in Exhibit C, for an initial term of ten (10)
years (“Initial Term”). This Agreement shall be automatically extended in five (5) year
increments (“Extension Terms”) unless terminated earlier as provided herein. Any
Extension Term shall be effectuated by a written notice, addendum, or amendment to this
Agreement, which amendment shall include such modified or additional terms and
conditions as the Parties may agree upon within their respective discretion.
b. Termination. In recognition of the Parties’ mutual intent that the Foundation continue
operating and maintaining the Property as the Garden for as long as it is reasonably able to
Page 430 of 451
do so, as reflected in the above Recitals, the Parties agree that this Agreement may only be
terminated for cause or necessity.
Termination for Cause. Either party may terminate this Agreement for cause
with written notice to the other Party. A termination is “for cause” if a party substantially
fails to perform in accordance with the terms of this Agreement through no fault of the
other Party, if said Party fails to correct or perform within thirty (30) days of receipt of
written notice (or such other period of notice as may be specified in this Agreement ), or
within such longer time as the Parties agree upon in the event correction is not reasonably
possible within 30 days. The notice will specify the termination reason(s) and the
termination effective date, and the correction action(s) necessary to prevent termination. If
the City terminates this Agreement for cause, all City payments otherwise due to
Foundation, if any, will be suspended and the City will have no further obligations to
Foundation.
Termination for Necessity. Either Party may terminate this Agreement out of
necessity upon at least ninety (90) days advance written notice to the other Party. A
termination is out of “necessity” if a party can no longer reasonably perform in accordance
with the terms of this Agreement through no fault of the other Party, and such failure is
due to financial hardship, severe casualty loss to the Property preventing the ongoing
operation of the Property as the Garden for public benefit, or a similar type(s) of problem
that the terminating party has been unable to resolve despite good faith efforts including
engaging in discussions with the non-terminating party. The notice shall specify the
termination reason(s) and the termination effective date. If the termination is by the City,
the City will compensate Foundation for those compensable services performed, if any, up
to the Termination Date, if eligible for compensation. The compensation will fully satisfy
the City’s obligations under this Agreement and will discharge the City from any further
obligations and liabilities to the Foundation (including any Foundation claims of
anticipated profits or other consequential damages resulting from the termination).
c. Surrender of Possession upon Termination. Upon receipt of any termination notice, the
Foundation will, no later than the termination effective date, deliver possession of all
structures on the Property in which the Foundation has possession, discontinue all services,
and deliver to the City all vendor information and contracts, keys for all gates and
buildings/structures, reports, summaries, and such other documents, information and
materials the Foundation has accumulated, prepared, or obtained in performing this
Agreement (whether fully or partially completed). The Parties agree that as long as Mr.
Skagen is leasing the primary residence on the Property (which lease is under a separate
agreement between the City and Mr. Skagen), the Foundation will not be deemed to have
possession of such residence for purposes of this Agreement, unless the Foundation has
leased or subleased a portion of the primary residence for Foundation purposes.
d. The rights and remedies in this Section do not exclude any other legal or equitable rights
or remedies available to the City.
Page 431 of 451
6. Ownership and Use of Documents
The City will own all documents related to the maintenance and operations of the Property including,
reports, memoranda, diagrams, sketches, plans, surveys, working drawings and any other materials
that the Foundation creates or prepares in performing this Agreement (the “Work Products”),
provided, however, City understands and agrees that the City does not own Foundation donor
information and the Foundation cannot disclose donor information. The City may use these Work
Products for any lawful purpose. Foundation acknowledges that this Agreement and the Work
Products are public records subject to RCW 42.56 unless exempt from public records disclosure
requirements. The Foundation agrees to fully assist the City in identifying, locating, and copying any
records Foundation possesses that the City determines in its sole discretion are responsive to a Public
Records request.
7. Records Inspection and Audit
All City payments to the Foundation, if any, are subject to adjustment for any amounts found upon
audit or otherwise to have been improperly invoiced. The City may inspect and audit any Foundation
records and books of account pertaining to any work performed under this Agreement for up to 3
years after the City’s final payment to Foundation. If any litigation, claim, dispute, or audit is initiated
before this 3-year period expires, Foundation shall retain all records and books of account for any
work performed under this Agreement until final resolution of any such litigation, claim, dispute, or
audit.
8. Continuation of Performance
If any dispute or conflict arises between the Parties while this Agreement is in effect, the Foundation
agrees to cooperate and continue in good faith toward successful completion of its responsibilities
under this Agreement notwithstanding such dispute or conflict.
9. Independent Contractor
The Foundation will perform the Services as an independent contractor and will not be deemed by
virtue of this Agreement or the performance of it to be in a partnership, joint venture, employment,
or other relationship with the City. Nothing in this Agreement creates any contract relationship
between the City and the Foundation’s volunteers, employees, agents, or subcontractors. The City
shall not be responsible for withholding or otherwise deducting federal income tax or Social Security
or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to Foundation or any employee of Foundation.
10. Administration of Agreement
This Agreement will be administered by _________________, on behalf of the Foundation, and by
the City of Auburn Mayor (or designee) on behalf of the City.
11. Notices
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Notices or communications permitted or required under this Agreement will be written and delivered
to the following addresses:
Notice to the City: Notice to Foundation:
Director of Parks & Recreation
City of Auburn
25 West Main St
Auburn WA 98001-4998
Phone: (253) 931-3043
Email: parks@auburnwa.gov
Either party may change its above address by giving written notice to the other party. Notices to non-
parties will be delivered as designated by a party to this Agreement.
12. Insurance
The Foundation will, at its sole expense, procure and maintain for the duration of this Agreement and
for thirty (30) days thereafter insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of this Agreement by the Foundation,
its agents, representatives, or employees. Foundation’s maintenance of insurance as required by the
Agreement will not be construed to limit the liability of the Foundation to the coverage provided by
such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity.
The Foundation will obtain insurance of the types described below:
a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage will be at least as broad as Insurance Services Office (ISO) form CA 00 01
(Foundation may use a substitute form providing equivalent liability coverage).
b. Commercial General Liability insurance will be at least as broad as ISO occurrence form
CG 00 01 and will cover liability arising from premises, operations, stop-gap independent
contractors, products-completed operations, personal injury and advertising injury, and
liability assumed under an insured contract. The City will be named as an additional insured
under the Foundation’s Commercial General Liability insurance policy with respect to the
work performed for the City using an additional insured endorsement at least as broad as
ISO Additional Insured endorsement CG 20 26.
c. Worker’s Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
d. Professional Liability Insurance, if needed.
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For Automobile Liability and Commercial General Liability insurance, the policies are to contain or
be endorsed to contain that Foundation’s insurance coverage will be primary insurance with respect
to the City. Any insurance, self-insurance, or self-insurance pool coverage maintained by the City
will be excess of the Foundation’s insurance and will not contribute to it.
Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a
current A.M. Best rating of not less than A:VII.
The Foundation will furnish the City with original certificates of insurance and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of this Agreement before commencement of the
work.
The City reserves the right to require that complete, certified copies of all required insurance policies
and/or evidence of all subcontractors’ coverage be submitted to the City at any time. The City may
withhold payment, if any is due, if the Foundation does not fully comply with this request.
If the Foundation maintains higher insurance limits than the minimums shown below, the City will
be insured for the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Foundation, irrespective of whether such limits maintained by the Foundation are
greater than those required by this Agreement or whether any certificate of insurance furnished to the
City evidences limits of liability lower than those maintained by the Foundation.
The Foundation will provide the City with written notice of any policy cancellation within two
business days of their receipt of such notice. Failure by the Foundation to maintain the insurance as
required will constitute a material breach of this agreement, upon which the City may, after giving
five (5) business days’ notice to the Foundation to correct the breach, immediately terminate the
agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the City’s
sole discretion, offset against funds due the Foundation from the City, if any.
13. Insurance Minimums
The Foundation shall provide:
• Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
• Commercial General Liability (CGL): Coverage shall be no less than $2,000,000 each
occurrence with $2,000,000 aggregate, and $2,000,000 products completed operations
aggregate limit.
• Builders Risk. May be required up to the amount of the completed value of a new building
or major construction project.
If the Foundation leases or subleases any portion of the Property for residential purposes (e.g. a
caretaker) then, $2,000,000 per claim and $2,000,000 policy aggregate limit Tenant Discrimination.
Required for professional service agreements with housing/shelter vendors/operators.
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14. Indemnification/Hold Harmless
Except for injuries and damages caused by the sole negligence of the City, the Foundation will
defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless
from any and all claims, injuries, damages, losses, or suits of every kind, including attorney fees and
litigation expenses, arising out of or resulting from the acts, errors, or omissions of the Foundation,
its employees, agents, representatives, or subcontractors, including employees, agents, or
representatives of its subcontractors, made in the performance of the Services required by this
Agreement, or arising out of worker’s compensation, unemployment compensation, or
unemployment disability compensation claims.
However, should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages
to property caused by or resulting from the concurrent negligence of the Foundation and the City, its
officers, officials, employees, and volunteers, the Foundation’s liability, including the duty and cost
to defend, hereunder shall be only to the extent of the Foundation’s negligence.
It is further specifically and expressly understood that this indemnification constitutes the
Foundation’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes
of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section will survive the expiration or termination of this Agreement.
15. No Acts in Contravention of Foundation Nonprofit Status.
Regardless of any provisions herein, the City understands and agrees that nothing in this Agreement
(including Exhibit C) requires the Foundation to provide private inurement or impermissible private
benefit, or otherwise take any action that violates or jeopardizes in any way the Foundation’s
501(c)(3) charitable status or its status as a Washington nonprofit corporation governed by Chapter
24.03A RCW.
16. Assignment
Neither party to this Agreement may partially or wholly assign any right or obligation in it without
the other Party’s prior written consent. No assignment or transfer of any interest under this
Agreement will release the assignor from any liability or obligation under this Agreement or cause
any such liability or obligation to be reduced to a secondary liability or obligation.
16. Nondiscrimination
The Foundation may not engage in any unfair practice identified in RCW 49.60.180 and/or 42 U.S.C.
§2000e-2 in the performance of any services or activities under this Agreement (either directly or
through contractual, hiring, or other arrangements).
17. Amendment, Modification and Waiver
No amendment, modification, or waiver of any condition, provision, or term of this Agreement will
be valid or effective unless written and signed by the Party to be bound (or the Party’s authorized
Page 435 of 451
representative), specifying the nature and extent of such amendment, modification or waiver. Any
waiver, approval or acceptance, or payment by any Party will not affect or impair that Party’s rights
arising from any default by the other Party.
18. Parties in Interest
This Agreement will bind (and its benefits and obligations will inure to) the Parties and their
respective successors and assigns. This section will not permit any transfer or assignment otherwise
prohibited by this Agreement. This Agreement is for the exclusive benefit of the Parties, and it does
not create a contractual relationship with or exist for the benefit of any third party (including
contractors, sub-contractors and sureties).
19. Force Majeure
Delays in performing this Agreement will be excused to the extent caused by acts outside a Party’s
control, such as fires, cyber/ransomware attacks, earthquakes, floods, explosions, actions of the
elements, riots, mob violence, strikes, pandemics, labor strikes or lockouts, and state or federal
government emergency orders.
20. Applicable Law/Venue/Dispute Resolution
This Agreement and the rights of the Parties under it will be governed by the laws, regulations, and
ordinances of the City, King County, and the State of Washington. Venue for actions involving this
Agreement will be in King County Superior Court. An applicable statute of limitation will commence
no later than the Foundation’s substantial completion of the Services in this Agreement. Prior to
commencing any legal action involving this Agreement, the Parties agree to engage in informal or
formal mediation with a mediator mutually agreed to by the Parties, with the cost of the mediation
shared equally.
21. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for
convenience of reference only and will not act to limit the scope of their paragraph or section. Where
appropriate, the singular will include the plural (and vice versa), and masculine, feminine and neuter
expressions will be interchangeable. This Agreement has been drafted by mutual agreement of the
Parties, and it will be interpreted and/or constructed without regard to its drafter.
22. Severable Provisions
Each provision of this Agreement is intended to be severable. The illegality or invalidity of any
provision in this Agreement will not affect the validity of the Agreement’s remaining provisions.
23. Entire Agreement
This Agreement (together with any subsequent amendments or addendums) contains the entire
understanding of the Parties regarding its subject matter, and it supersedes all prior oral or written
Page 436 of 451
representations, agreements and understandings between the parties. No other oral or written
understandings regarding this Agreement shall bind any Party.
24. Non-Availability of Funds
Every City obligation under this Agreement is contingent on the availability of appropriated or
allocated City funds, to the extent City funds are required - if at all - for the City to perform a given
obligation. If funds required for the City’s performance are not allocated and available, the City may
terminate this Agreement for necessity at the end of the available funding period, subject the required
Section 5 notice period. The City will not be liable if it exercises this provision and will not be
obligated or liable for any future payments or damages as a result of termination under this Section.
25. Counterparts
This Agreement may be executed in multiple counterparts, with each counterpart being one and the
same Agreement, and the Agreement will become effective when one or more counterparts have been
signed by each of the Parties and delivered to the other Party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth
below, with the term of the Agreement beginning on the Effective Date set forth above.
CITY OF AUBURN, a Washington THE SOOS CREEK BOTANICAL GARDEN
municipal corporation FOUNDATION, a Washington nonprofit
corporation
_____________________________ ______________________________________
Nancy Backus, Mayor Signature
Date: _______________________ Name:
Title:
Date: _______________________
Approved as to form:
_____________________________
Jason M. Whalen, Auburn City Attorney
EXHIBIT A
Legal Description of Property
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Page 438 of 451
Page 439 of 451
Exhibit B
Depiction of Property
Page 440 of 451
Exhibit C
The Services
Foundation Maintenance Responsibilities. The Foundation shall maintain all of the following
at its sole cost and expense:
Garden: The Foundation shall operate, maintain, and improve the Garden, including its
plant collections, as it currently exists on and within the Property. The Foundation may modify
existing garden areas or establish new areas within the Property, provided such work remains
consistent with the mission and purpose of a public botanical garden.
Irrigation: If irrigation systems are to be installed in the future, the Foundation shall be
responsible for their installation, operation, maintenance, repair, and replacement as necessary.
Equipment: The Foundation shall be responsible for and perform all maintenance and
repair of onsite equipment owned by the Foundation or the City, if any, that is used by the
Foundation for Garden Maintenance. If equipment needs replacement, the Foundation shall replace
said equipment in a timely manner, to not disrupt Garden operations.
Buildings: The Foundation shall be responsible for all maintenance of all buildings on the
Garden and within the Property, provided, however, that the Foundation shall be responsible for
the “Main House” or a portion thereof only if and when the primary purpose of the Main House
or a portion thereof (e.g. a Garden caretaker apartment) is to support the Garden operations. Thus,
as of the Effective Date of the Services Agreement, the Foundation shall be responsible for the
“Soos Creek Heritage Center”, the “Pavilion by the Pond”, the aviary (attached to the Main House),
and all Garden-related outbuildings, including but not limited to the “Hoop Nursery”, greenhouses,
sheds, and other structures, whether currently located on the Garden or installed in the future for
Garden-related purposes. Maintenance shall include, but not be limited to, normal and routine
maintenance (e.g. painting, minor repairs, replacing light bulbs, pest control, etc.), as well as
Capital Improvements (e.g. roof replacement, siding repairs, system replacements, etc.). In the
event significant Capital Improvements or other significant alterations or improvements desired
by the Foundation – with “significant” defined as improvements or alterations exceeding ten
thousand dollars ($10,000) in total cost – the Foundation shall obtain the City’s written consent
prior to engaging in such work, such consent shall not be unreasonably withheld. The Foundation
may, but is not required to, consult with the City for minor repairs, replacements, or routine
maintenance. The Foundation shall be responsible for the investigation and acquisition of any
permits needed, with City as owner cooperating as needed for such permits.
All Other Site Appurtenances: The Foundation shall be responsible for all maintenance,
repair, and replacement of all site appurtenances, including but not limited to, the entrance gate,
parking areas, water/sewage/electrical systems, kiosks, memorials, benches, and fencing. City and
Foundation mutually understand and agree that existing and future memorials placed on the
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Property by the Foundation are intended to be permanent, e.g. the granite memorial bench near the
vegetable garden, and shall be replaced if damaged.
Vehicle and Pedestrian Areas: The Foundation shall be responsible for maintaining the
grounds of the Garden in a safe and well-maintained condition, including, without limitation,
parking areas, roads, driveways, walkways, pathways, patios, and other vehicle and pedestrian
areas located within the Property.
Soosette Creek: The Foundation shall conduct its activities within the Property in a manner
that complies with all applicable State and City regulations governing Soosette Creek and its
associated critical areas and buffers. Nothing in this Agreement shall prohibit the Foundation from
coordinating educational or habitat-related activities associated with the creek (e.g. children
releasing salmon frye) and in coordination with applicable organizations (e.g. Muckleshoot Indian
Tribe, State of Washington, etc.).
Foundation Operational Responsibilities.
Hours of the Garden and Soos Creek Heritage Center: The City and Foundation
acknowledge that the Garden is an asset meant to be enjoyed by and open to the public. The
Foundation shall consult with the City but ultimately shall have the final authority to determine
the days, times, or seasons when the Garden is open to the public or for private events. The
Foundation shall keep the City apprised of such open hours, special events, etc. so that the City
may assist in public outreach.
Educational Uses and Fundraising: The Foundation, at its sole discretion, may continue
to offer the Garden and its amenities for educational purposes, including but not limited to, public
education (e.g. schools), private education (e.g. garden workshops), and for fundraising events,
compliant with its tax-exempt status.
City Rights and Responsibilities.
City use of the Property and Buildings: The City may request use of portions of the
Property or Garden facilities for City-related events or gatherings. Any such use shall be
coordinated with the Foundation and shall be subject to availability and the Foundation’s
scheduling of Garden operations, programs, and private rentals. The Foundation may, at its
discretion, permit such use and may charge the City the same or a discounted rate consistent with
the Foundation’s facility rental policies. Nothing in this Agreement obligates the Foundation to
provide facilities for City use without charge.
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Use of any facilities subject to a residential occupancy, including without limitation Maurice
Skagen’s lease of the main house on his former property, shall only occur if such use is permitted
under the terms of that occupancy. City events approved under this section shall be scheduled in
coordination with the Foundation, and the City shall be responsible for reasonable cleanup and
restoration of the facilities following such use.
Public Outreach: The City may include Foundation and Garden events and other
information in City-sponsored public outreach (e.g. e-blasts, social media posts, etc.), though it is
not required to do so. The Foundation should keep in contact with City Staff to assist in said efforts
for public outreach. If the Foundation provides its own public outreach, the Foundation shall not
indicate that the City is a sponsor of said events or information provided.
Periodic Meetings & Reports: The Foundation and City shall coordinate quarterly
meetings, at a time and location as is convenient for each party. Reports, as may be listed in the
Foundation Services Agreement, shall be provided in a timely manner to the City.
Financial Responsibilities of Foundation. The City and Foundation acknowledge that the
purpose of the City’s acquisition of the Property and Garden was to ensure in perpetuity the
opportunity to continue the historic use of the Property as public gardens, open space and
cultural/historic education for the benefit of the Auburn community. The Foundation shall be
financially responsible for its Maintenance Responsibilities and Operational Responsibilities, as
outlined above. The Foundation intends to rely in part for its financial stability on a donor-advised
endowment intended to be created by the investment and benevolence of Garden and Foundation
co-founder Maurice Skagen. The City will be listed as contingent beneficiary of any such
endowment created, provided that all income and principal of the endowment is used soley to
maintain the Property and Garden as contemplated herein. The Foundation and City acknowledge
that in the event the Foundation becomes insolvent or is otherwise unable to maintain the Garden,
Property, and other associated buildings, as described in this Agreement, the City shall receive the
full financial benefit, as designated beneficiary of any endowment established for the ongoing
maintenance and operation of the Property and Garden, subject to any dissolution/wind-down
requirements the Foundation must meet in accordance with its 501(c)(3) status and as a
Washington nonprofit corporation governed by Chapter 24.03A RCW. Notwithstanding the City’s
receipt of available income from the endowment, if financial resources are insufficient to maintain
the Garden, then, in the City’s sole determination, the Garden and Property may revert to natural
open space, for the benefit of the public. If the Foundation is unable to maintain the buildings and
other built structures on the Property, the City retains the rights to use the endowment funds, to
maintain any such buildings or structures, in such conditions as determined by the City, in the
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City’s sole discretion but subject to the requirement that any donated funds must be used for the
charitable purpose(s) for which they were donated.
The City understands and agrees that nothing in the Services Agreement or this Exhibit C shall
require the Foundation to provide private inurement or impermissible private benefit, or otherwise
take any action that violates or jeopardizes in any way its 501(c)(3) charitable status or its status
as a Washington nonprofit corporation governed by Chapter 24.03A RCW.
Subject to the terms and conditions of the Agreement, the Foundation may enter into an agreement
with another nonprofit organization to take over the Foundation responsibilities as described
herein, subject to the City’s written approval and consent, which shall not be unreasonably
withheld.
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Exhibit D
Easement for Ingress, Egress, Parking & Operations
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
City of Auburn
25 W Main
Auburn, WA 98001
ATTN: Josh Arndt
The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW 65.04, and is not to be
relied upon for any other purpose, and shall not affect the intent of or any warranty contained in the document itself.
Reference # (if applicable):
Grantor: The Soos Creek Botanical Garden Foundation, a Washington nonprofit corporation
Grantee: City of Auburn, a Washington municipal corporation
Tax Parcel ID Numbers:
Q-S-T-R of burdened property:
Full Legal Descriptions Located: Exhibits A & B
EASEMENT FOR INGRESS, EGRESS, PARKING & OPERATIONS
THIS EASEMENT FOR INGRESS, EGRESS, PARKING & OPERATIONS
(“Easement”) by and between The Soos Creek Botanical Garden Foundation, a Washington
nonprofit corporation (“Grantor”), and City of Auburn, a Washington municipal corporation
(“Grantee”) is effective as of __________________ (the “Effective Date”).
I. RECITALS
A. Grantor is the owner of real property described and depicted in Exhibit A, attached
hereto and incorporated herein by reference (“Grantor Property”).
B. Grantee is the owner of real property described and depicted in Exhibit B, attached
hereto and incorporated herein by reference (“Grantee Property”).
C. The Grantor and Grantee intend for the Grantor to purchase Grantee’s Property
upon availability of King County Conservation Futures Tax Levy grant funding becomes available.
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D. Until such time, Grantee requests that Grantor enter into this Easement Agreement for
the Grantor to operate the Botanical Garden (defined below) located on Grantee’s Property.
E. Grantor’s Property provides supportive services such as storage and parking for the
Botanical Garden, therefore the parties wish to memorialize the synergies of the two properties
until such time as the funds are available for Grantee to purchase Grantor’s Property.
II. EASEMENT
1. Grant of Easement. Grantor hereby grants and conveys to Grantee a perpetual non-
exclusive blanket easement upon, over, across, and through Grantor’s Property (the “Easement
Area”) for the purposes of ingress, egress, parking, and general use of Grantee’s Property in the
operations of Soos Creek Botanical Garden (the “Botanical Garden”).
1.1 Grantor reserves the right to control, amend, alter, direct, or redirect the flow and
direction of traffic on Grantor’s Property.
1.2 Grantor is responsible (at its sole cost and discretion) to maintain, repair, replace,
and/or reconfigure (together “Work”) the surface and subsurface of the Easement Area so long as
the Work does not impede or diminish the supportive and operational services Grantor’s Property
provides to the Botanical Garden.
2. Conditions of Easement. The Easement is granted subject to and conditioned upon the
following terms, conditions, and covenants which the parties, their agents, tenants, successors and
assigns, agree to fully observe and perform:
2.1 Rights of Easement. Grantee’s right to use the Easement area shall extend equally
to Grantee’s employees, agents, guests, licensees, lessees and officials. For the purposes of this
Easement, all shall be collectively considered the “Grantee.”
3. General Provisions. The following general provisions shall also apply to this Easement:
3.1 Running Covenants. The terms, conditions, rights and obligations contained in this
Easement shall be covenants running with the land and shall inure to and bind the successors,
assigns, heirs, and personal representatives of the parties.
3.2 Applicable Law. This Easement shall be governed by and construed in accordance
with the laws of the State of Washington.
3.3 Recording. Grantee shall record this Easement with the King County Recorder at
its expense. Grantee shall provide Grantor with a copy of the recorded Easement.
3.4 Attorneys' Fees. If either party brings suit to enforce or interpret this Easement, a
court judgment to the substantially prevailing party shall include that party’s attorneys’ fees and
legal costs and expenses of the suit. Awarded attorneys’ fees and expenses shall include those
incurred before, during and after trial, including those related to any appeal.
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3.5 Authority. Each of the individuals whose signature appears below represents and
warrants that he or she has full authority to execute this Easement on behalf of the party on whose
behalf he or she has affixed his or her signature to this Easement.
GRANTOR:
Soos Creek Botanical Garden Foundation, a
Washington nonprofit corporation
Signature: ________________________
Date: _________________
Name(printed): __________________
Title:
GRANTEE:
CITY OF AUBURN, a Washington municipal
corporation
Signature:_________________________
Date: __________________
Name (printed): Nancy Backus
Title: Mayor
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this ____ day of _______________, 2026 I certify that I know or have satisfactory
evidence that __________________ is the person who appeared before me, and said person
acknowledged that (s)he signed this instrument, on oath stated that she was authorized to execute
the instrument and acknowledged it as the (Title)___________________ of Soos Creek Botanical
Garden Foundation, a Washington nonprofit corporation, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Printed Name:
Notary Public in and for the State of Washington
residing at
My commission expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this ____ day of _________, 2026 I certify that I know or have satisfactory evidence
that Nancy Backus is the person who appeared before me, and said person acknowledged that she
signed this instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Auburn, a Washington municipal corporation, to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Printed Name:
Notary Public in and for the State of Washington
residing at
My commission expires:
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EXHIBIT A
GRANTOR PROPERTY
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EXHIBIT B
GRANTEE PROPERTY
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