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08-24-2026 Agenda Packet
* City Council CITY OF Study Session UB AURNAugust 24, 2026 - 5:30 PM City Hall Council Chambers WASHINGTON AGENDA CALL TO ORDER PUBLIC PARTICIPATION A. The Auburn City Council Study Session Meeting scheduled for Monday, August 24, 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/i/84658763086 ROLL CALL AGENDA MODIFICATIONS ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS A. Pierce Transit Proposition 1: More Within Reach Presentation (Pierce Transit) (30 Minutes) COMMUNITY WELLNESS DISCUSSION ITEMS A. Auburn Parks, Arts & Recreation Community Fitness Program (Krueger) (15 Minutes) AGENDA ITEMS FOR COUNCIL DISCUSSION A. Ordinance No. 7025 (Krum) (15 Minutes) An Ordinance relating to updates to the Daycare Zoning Regulations amending, recodifying, and repealing certain Sections of Chapter 18.04; amending certain Sections of Chapter 18.31; and amending Sections 18.07.020, 18.09.020, 18.23.030, 18.35.030, 18.38.060, 18.52.020, 18.74.030, 18.76.045 of the Auburn City Code B. Ordinance No. 7026 (Krum) (15 Minutes) An Ordinance relating to updates to the Live/Work Zoning Regulations amending Sections 18.04.527, 18.04.913, 18.07.020, 18.23.030, 18.35.030, 18.52.020, and creating Section 18.31.125 of the Auburn City Code Page 1 of 141 C. Elected Officials Social Media Guidance (Legal/Administration) (15 Minutes) 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.aov). Page 2 of 141 * * CITY OF AUBURNAGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Meeting Date: Pierce Transit Proposition 1: More Within Reach Presentation (Pierce August 24, 2026 Transit) (30 Minutes) Department: Attachments: Budget Impact: City of Auburn Presentation Administrative Recommendation: For discussion only. Background for Motion: Background Summary: Councilmember: Staff: Page 3 of 141 Proposition 1 : MAINTAIN AND IMPROVE LOCAL TRANSIT PierceTransit AAuburn ugust 4??s""' iviar WITHIN REACH STEPSTO EXPAND LOCAL TRANSIT APRIL JULY AUG NOV MAY JULY JULY NOV 3 APRIL 1 2024 2024 2025 2025 2026 2026 2026 2026 2027 • • • • • • Long Long Long Budget First Concluded Board vote General New Range Plan Range Plan Range Plan adopted, presentation community If approved, election sales tax development outreach developed goals set and of measure engagement sent to office 'ditors oce begins begins and adopted continued package from Nov au collected If approved engagement 2025 --- -- = Developed for the community, with the community. e're"` ierceTransit Gia' ,;�,�na� ,� ;;' - - - STAii 1�n ~j:. } YANPOOL t r.:rs_ ,. ' AND STI x _ . sAvii014 -- 700 Vmonths of outreach community events survey responses July '24 —August '25 andmeetings received,w.. � t# � eet gs ece ed .- Page 5 of 141 CURRENT SALES TAX Sales Tax is Our Primary Sales Tax Compared to Peer Source of Funding Sales Tax 80% Transit Agencies in Washington ■ Other 10% Sound Transit Grants 6% Community Intercity Transit Transit Kitsap I Fares 4King Transit County Metro Spokane Transit 60 (11%, Pierce i.. Transit Of Every $10 Spent on qualifying purchases in the , 0 0 / 0 0 I . 0 • 0 0 PTBA* i L� I I I . I i *Public Transportation Benefit Area WITHIN REACH Page 6 of 141 I GROWING NEEDS _ , ... ._...... _ Trti 1 ,i' .. ... , ,- _ _ _ .. _ ,i, , .__ _ • - -ItitRZ 1 7.'722 .!:1171r r;hk: -6(1141tripir. . .. 1 ill P : i)___- 01 V:i!' -1.:: . VieX 1 4; v*'"*(11- - .v -r'n#411' - Virikt - ';44:21 4?-1; '' * 40 1.- t. i I L i - 1 4.,,-c oi '; .. .1.1I 1 4.0 i S" _ilia, r Growth Congestion Economy Current projections indicate Without more transit, most of Without more transit, access to we'll grow by 275, 668 people these new residents will rely jobs, schools, doctors, housing, and see new jobs come to our on cars—adding to congestion and groceries is reduced and 117,800area by 2044. on our already busy roads. our economy suffers. nPierceTransit Page 7 of 141 Purdy I E ..._ 2 WITHIN REACH as d Gig Harbor Federal Way NE Auburn 4. . Tacoma r s-0ti R...•. I Tacoma , Le bs‘' . i:11 g I * 1 4 1. , Lake ii '9 IIIIIIFVil � Fffe Tapps • Frcrest' ' University „ Puyallup TTT i) +• Iil 4 - , Place Reservation 1lt,II y41 Sumner 1 �. Puyallup _,...1) • IfI --1- ..mP_i., r..,i i-I.i iVi. I/ 11 . r r 1 it 'NI j rlititl■ ii Lakewood �= ■ Steilaroom elPierceTransit ` r South Hill Joint ease Lewis-McChord r "... — i I o, /�� \ -' Mug mi • ' t ) .�•' Graham P • • FsiPierceTransi . Page 8 of 141 PROPOSED SALES TAX INCREASE 0.9% 3¢ per $10 spent 47% Proposed Sales Tax Proposed Increase Service Increase What does a 0.3% sales tax You DON'T Pa increase look like? Y Sales Tax On: $10 Sandwich = 0.03¢ 0 Rent or Mortgage MI $20 Sweater = 0.06¢ 16 Groceries n $80 Headphones = 0.24¢ Most Healthcare a $225 Furniture = 0.68¢ Page 9 of 141 HIV ROUTE Purdy • . .• % Route 40 Rustan •. V. hon land - Gig Port of Tacoma and East Tacoma Harbor Federal Way _NI E Auburn Tacoma 4 n s<e •. • Route 51 L r Central Tacoma - Lake wood \ — " 63 Lake 1=1 L .:e 40 Fife Tapps Fliv .+a 63 —uni 51 Northeast Tacoma r I Sumner .I 49 Route ' \, 1 Puyallup South Hill The Result: more places and more possibilitie Orting Graham Page 10 of 141 (;) SPECIAL SERvicE -\. ' A, , /6.4!1. ---- -;Aiii gam -. IA'. STATE FAD, iF atot .-.• 1 Seasonal Special . ,,, _ , _ `�_ ,,P,T . � -1 .,itibi Waterfront Event F.' ,..., , 1 kl R '° 1 10,33 _", _ Connectors Service '� --W�:r Gig Harbor Fairs Ruston Sport Events ,Ra«FY y. y�w'�,�., STOP .. , T ',L ' Festivals .� . �. ,� d 1It. Concerts Series " - 1 1 ,41 _ �._ �. j , Li , 1 , .... , i , 4 i { .J N t •7 " k ii '' To be determined annually based on community events _ .z el -j90 t`,, ; , 1 _ `?, - I The Result: more places and more possibilities ,, " . ". _, • ,r,0 } Page 11 of 141 RAPID ROUTES Purdy Vashon Route 1 15-minute Weekdays Island Gig Harbor Federal Way Route 2 NE Tacoma Auburn 20-minute Weekends and : ��• Rustu,.••- Route 3 Evenings Ta /.I G 450 Lake Fife Tapps Fircrest Puyallup C University f Reservation Place Fewer Stops Bus Stop Upgrades ( I Sumner Only serves major bus New shelters, benches, TPuyallup stops so you can get solar lighting, and real- ' ' ' ` .. Steilacoom Lakewood i where you're going time arrival signs sooner South Hill Joint Base Lewis-McChord The Result: less waiting and more reliable trips °rting NGraham Page 12 of 141 MORE FREQUENT Purdy 1101 .i. r5J1 Vashon gg island 7 Routes 1 Harhor Federal Way every 15-20 minutes =.. TacomaE N Auburn currently 3 routes , Mnil..•, r Tacoma QQQC;)(;) EQQQQQQ1;71 24 Routes riQQQQQQRIRIQRIQQ ,I "� Lake every 30 minutes Pi Fircrest Fife` I Tapps currently 18 routes Puyallup University no i" Reservation Place Sumner Puyallup 0 RoutesQQ . d `.� Steilacoam Lakewoo 11 every 60 minutes currently 7 routes 1 m 5 routes receive more frequent service or are adapted South Hill Joint Base Lewis-McChord The Result: less waiting and more reliable trips °rung Map reflects weekday hours N Graham Page 13 of 141 1 MORE FREQUENT Saturdays Sundays 3 RoutesQ 1;1p3 Routes EIQIP every 20 minutes every 20 minutes currently 0 routes currently 0 routes WQQQQ (;) (QWQP C;H;HQQQ (;) (=H;HQ 20 Routes 18 Routes every30minutes GlIQQQ (;) 1QQQQL. 30minutes � � (QQQ (QQQ �every currently 11 routes currently 4 routes QQ (;) (QQ1:=H;H;) C;H;HQQI;H;H;H;H;HQQ 6 RoutesQQQQQ (;3 (Q8 Routes Q Q Q Q Q every 60 minutes currently 15 routes every 60 minutes currently 22 routes 9 routes receive more frequent service or are adapted 14 routes receive more frequent service or are adapted Page 14 of 141 0 LAT RVIC -S- -"Y (' i 23 I ashon Island D Island - 6 Gig 'i ■ ■ Harbor .- Federal Way will run longer hours when most routes start NE Auburn piTacoma 77 gacom• Most Routes 1411111:114111r) .. giPal.EM ■■ INLake Tapps ■ I I �_ ■ Aill"-- ri Fircrest III• • • • • • • • • •• it y1 " "Universit Puyallup • • • • • • • • • •• Reservation y � Place • • • • • • • • • • • ' . S1111 Sumner 10 p.m. 10 p.m. 8 p.m. Puyallup i m 10, or later on or later on or later on Steilacoom Lakewood . � Weekdays Saturdays Sundays South Hill Joint Base Lewis-McChord V Ortim all. Map reflects weekday hours N Graham 0 Page 15 of 141 BETTER Purdy CONNEC Vashon g ; Island Ili Harbor Federal Way al 4 1 wul) Local bus routes modified to improve connections to 0r Tacoma Auburn 400 402 500 (1!2J1 regional light rail in Tacoma, 63 Of Fife, and Federal Way 1 k••,J Tacoma '. aliftlt A 500 501 ( la I= ir '& Q Q Lake lb. Fife Tapps ircrest 5� 1'a2 2 ersity Puyallup Univ t r�41�` Reservation 402 Place New route added along 6th Avenue every Routes 52 and 55 L}— mil 400 Sumner 15 minutes to replace Route 1 between r 1 1 Puyallup p combined for 1 TCC and Commerce St Station simpler, more Lakewood III Route . upgraaes servingpanaway $teilaroom , i efficient service J Transit Center to Commerce Street 7-j, ,,4-/\41 South Hill ■ ■ Joint Base Lewis-McChord The Result: easier transfers and more direct trips I NiGraham Page 16 of 141 0 EXPANDED PARATRANSIT .... t Vashon Island SHUTTLE Service Also Increases Ha Federal Way NE Auburn • rTacom. .— m u ti grr\I --12.,... R. ril euon- r Ire el Tacom.. %. 1. New More Later N Places People Service �� �1 Lake 4 rcrest Puyallup University 3eservation ...and most service vehicles Plate Did You Know? are equipped for accessibility. r } i Sumner SHUTTLE paratransit service is available — Puyall up within 3/4of a mile of all local bus routes... �` ,,n ,Lakev , J, W6 SHUTTLE \ l 3/4 of a mile Q I claim Runner ii South lill 4,1 Joint Base Lewis-M cChord The Result: more people and more inclusive , Ortiny Graham Page 17 of 141 FARE FREE BUSES AND PARATRANSIT FOR SENIORS -- 6,„„,,-.. . ,,,rq. . ___. ,,, • . •. . .,. . . ,. .„ ,,. Seniors 65+ ride free on buses - - ':��" •_ . and SHUTTLE paratransit. ; f . • . ': . . •_ ♦ - f i /- itlf MOM a�i _ Youth alreadyride free '' - Zink ' on all our services ,II . . A Continue to offers: .- ORCA LIFT/reduced fare _ A --- _•_ t_t_• bs WITHIN REACH Page 18 of 141 800,000 700,000 00000 Amk 600,000 500,000 00"1"1"1 Totals 400,000 ;; 139 Operators 300,000 ice• 12 Heavy Duty Diesel Technicians 200,000 56 Buses lit 3 Paratransit Vehicles 100,000 Note: totals are approximate 0 Mar 2027 Sept 2027 Mar 2028 Sept 2028 Mar 2029 Sept 2029 Mar 2030 Sept 2030 Mar 2031 Sept 2031 Mar 2032 Sept 2032 IMPLEMENTATION TIMELINE WITHIN REACH Annual Service Hours rceTransit.' Page 19 of 141 1;1 Auburn ` 162 ) r---ISN1, ii_I ..01 ) 168 �, 4 --%_..7 177 I L. ® 59,131(83 1 566 165 eN 901 160 I I 160 03/' 193 /N Auburn 187 - 181 N or -1--- N 1 903 181 182 CO't4° n 184 /917 915 1. milra 1111 Auburn'acif;: 1841,, 500 \ N ‘.‘\ 915 1 ti Pierce Transit PTBASound Transit Station• Runner Microtransit � � Sounder and Link �� .Q ` -"N • Pierce Transit PTBA King Co Metro Route \ Sounder Station — Pierce Transit Route ° \ _\ Sounder Line — King Co Metro Route On ... L _ Pierce Transit Route Page 20 of 141 -. - ] . „. 4g-, • 1 ...k:. A R Ilr �' yr spy,. p °4 $ a ! { A -Ails' -4.--1' , ' iit Local Residents High-Need Areas Seniors Local transit impacts all of us — 4 . �; �� t il whether you rely on it or someone -- you relyon does. Strengthening n it . 1,L` :R.-' M g g _ 4 strengthens our community, for Special Needs Students Diverse Schedules riders and non-riders, alike . �- in - _ , iipg - ,Y \ �'� J -ate_ 4. Special Events Cords Local Businesses 1'&':„: Pi a rceTra n s it WITHIN REACH Page 21 of 141 Purdy E I ..._ 2 WITHIN REACH 1s1 nd Gig Harbor Federal Way NE Auburn y Tacoma {! Tacoma• , Le 1 4 . fill g I * r l 1. , Lake 11 '9 \ � Fffe I T8pp5 • � I truest v 1 t ' University ��� „ Puyallup TTTT . ti ) + I 1 Place _I Sumner Puyallup • 11 ��. • `� 1 �i�,I, r� Steilaroom Lakewood � � 1.7PierceTransit S II ..,, - i South Hill ! - Joint ease Lewis-McChord r N. ... i I ems - " j. ir— • • ' t ) 4:•' Graham P • • Filh FsiPierceTransi. Page 22 of 141 * * CITY OF AUBURNAGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Meeting Date: Auburn Parks, Arts & Recreation Community Fitness Program (Krueger) (15 August 24, 2026 Minutes) Department: Attachments: Budget Impact: Parks, Arts & Recreation Presentation Administrative Recommendation: For discussion only. Background for Motion: Background Summary: The purpose of this discussion is to provide background information and a summary of the offerings within the Parks, Arts & Recreation Department around Community Fitness. Information about fitness classes, fitness center, open gym programming, and drop-in childcare options available will be presented; as well as complementary programming related to community fitness. Councilmember: Clinton Taylor Staff: Julie Krueger Page 23 of 141 Communi Fitness Auburn community H ealthi er Together_ _ . -uk, . .. v. i C lirair P lip w " ,me Allaiiik 1 lap Ill . .. ' --A1 *..,, , „it 4 tr. .4 / , , tee"" ri • ir \ .._.,,kr: ifc; :tp:m1 ie.'.,)i.: . ' Sha..4111". .... Zailii IF -.:7:,,s' ----)_:),' f i 0 . 0 .,__ I \ •-C,1 .:1_ - • iPt> ; V , , , 1 tik!..4 , '.. --I."' : (9.41a '. . . .., AO. --177a ,ry Ruhi l . c — • `'` 4 Rllly SER 1 '+� �� _ ill .-.\.4- t:1"-: ''' % t/ 4' w 'ea.,11 1],„\..\,- ir i '"..101,t7;' ' • 'VW .).';-.,..\... "). .' 4 \••7.--• 4114 4111111%pr / - ::11:.t1.'11'‘E;L:'‘7.':4 '',.•idilei' - ' L; !II \ y / i M • r. • .:.-.• i 1 hi . • 10 lk lit 4111 V,,,fir v. 1111 _ l. i - )k )i4) (6.3 1 1 1 c.._• * AUBURN COMMUNITY • .I 1 A Li , , ,.,,.,. : " : tAttt E K FITNESS '-PI"' ", .• Y' i R AUBURN COMMUNITY&EVENT CENTER 33Y ...Anti At- AUBURN COMMUNITY & EVENT CENTER ,,, ._. ...... IT ir . _, , , , _ . I - ..: . 1,,, , ,„ ., i - ‘.1+ .____ __ . _ ___ _ . , , i l" I{ i" tigir7".. 1 „I . . it }`i s. •� ---...• J % _ r .0 - Vite3ts \ i'4. .i- 9th ..._ ______ _ . ...,..„,„,....„, .,,,,,,,,,. .,,,, ....•„*.,3 le, .5.1%,, _.,i- . 4-L,,' '• , ., ...,* ,LAI 910 Street SE _ � A SaturdayYam-4 mFrida lam-7 mursda lam- pmMonday- 1lh Purpose To promote the engagement in physical AO activity by providing accessible and affordable fitness opportu sties )k))fr )lc--( To strengthen social connections and build a supportive, healthy community AUBURN COMMUNITY MI FITNESS To encourage sustainable health habits through consistent, enjoyable activities AUBURN COMMUNITY & EVENT CENTER Page 26 of 141 we '111# ' ' e i 1 0 • - 1. Monthly Unlimited Membership Or' ,je Adults (Ages 18-49): $30/month AUBURN COMMUNITY + „: - d � ,, � 7C�+ , FITNE $$ il' rn'� , �„ Seniors (50+) : $25/month , Teens (ages 12 -17) : $25/month AUBURN COMMUNITY - 401 * 10 i - , IP r j _ ' �7� • �'�'� � �' Monthly Unlimited Membership l � �� with Unlimited Childcare n � pItnc �. - Adult + lchild : $45/month iiiri; '! . 1 ' :1. .. - : 1"4 A, i ership Adult + 2 children : $ 60/month . _ . Adult + 3 children : $75/month y � � - �i' ,�� Daily Drop In %.,,,,,,, a ! , t. ,lik , . 1 i owl Adult: $6 I _ Senior/Teen : $ 5 pt . ' • Llt: ' - ' !Illik ilb ' , - Childcare : $ 5/child/2 -hour session Free Memberships for Seniors p Senior s Decific classes wit i - D oasis on strengt i training , ., alance & moilityandfall � � . 1 i 7 i A prevention . EligiDle lean Mans loh.z. • 4 qualify for a free fitness , *!IIIP memersii ! _ , _ �� i Stay Actived talor Lfe(SA IL)t ��v7Si ver& =it OptU111 SilverSneakersi City of Auburn Employee Memberships • •=ree memDersnoDs are or0v1ded City of A em o ees as a Dart of t ieir Denefit ac <a e • . .. r _ _ 1" , r -•-- -, • II 4,, 'w, 41 , -AY' - .:." et 111 lir CENTER .141911/4 It r. i 11f�" * •1 ' IR V/4 .. ; Wig i ' fr I it iL , r ,-.,, , , &4. Jo) .,,,„.,-iir • . ,.,..: . , ,,,, , s ,..,„„1„ix . 1 , L . „, , ,....., . i . � r �� YY16MIir s r . . -41 et-1 ,.;.1,4rmi_.,. ! Page 29 of 141 Member Amenities Full access to group fitness cLasses- 36 offered each week! v Unlimited use of the fitness center- cardio machines, nautiLous weights and free weights are available ! Open Gym Programs including basketball, volleyball and pickleball _d Access to the virtual class Library- avaiLabLer'sj 24-7 �-�, f � Drop-in childcare: available h. -7 Monday-Friday Fitness Classes • 36 Fitness Classes available each week • Classes include: strength training , cardio focused , yoga and stretching , senior fitness • Beginner, intermediate and advanced classes available • Various class durations available to accomodate members ' schedies • • - ii 1 , 2 - - -77_2_. ' i 1 -.7 ' .':- . , -;_ --- f. .,114 N ' mow , , 1 t ‘ ._ )1,:jk_311c-ifr 71 - - 164V.: - : A'-- rk: . - ., wc :: .,.'. , - . . . '‘.,. . . 4 - 1 r 4 :; kb:: , I .#0°-A [; \,'.1 toili6 ,_: . ) .0„,,, „.„_,, , . AUBURN COMMUNITY ' . ) FITNESS r�- i_ L ' �� ° . . 7_,. ... Nr, • • Fitness Center * ),ifrk._311c,fr AUBURN COMMUNITY Fitness Equipment AUBURN COMMUNITY& EVENT CENTER • NautiLous Weight Machines • Cardio Machines include: treadmills, elipticals, stationary bikes, rowing machine • Free Weight area ©auburnwa.gov/fitness • StretchingZone ! i.,. .,.,_ 31}. s --- A r � 4 . IL Lift Run Hara � ' ,,,-, � mmitted Work Qa ' .., 4 I i /".:7—' lk , �` � ' Let's Move v ` a e Keep Go 1 �-' s.• 1 UfPRE[PR - -+ 1 \ , \ Ilenge. , „ . . i 4 1 SA 1, -*, MO tiV 7.v.•'' -, '•= nn' Ir'' ''' v‘ ' — --- -----.__1 , i _ C \ L • s /1 fE N. ' ': ,4.4 U • ,, - 7;11.--\- "1- 111111' :'• : i • ., ir: _11,. r i,.. . ' *WO, . P T )-........, . ._ .tok . ....... . ,.....77. runr�Frrr� ALIIIIII, .. - kir _- _- *Pk ._ F x • IhECG.? •�` `� -age12 of 141 'Irokb--.)c* • pen Gym Programs AUBURN COMMUNITY . 6 �'�, `� -- FITNESS II l Iri-, in' _ �� ,, ' r, �• .. AUBURN COMMUNITY& EVENT CENTER H J. , , 1 .. ...._ L__, ii ^ Open Gym BasketbaL r �J., 4_ i , J �la li ; � T=� Fridays I 5:15-7pm I2 . z Ill r i , � 1 i _ _ . Saturdays 8-1am ...A, , -_____-_- - __ .,,,, _ „e.,,, - ,----- -...,w -....., ___________ ..,_. f l._ 1 --- - _____ , 1 1 ,; 1_ - :.___ ______________ , _______ ,1 --- 1 , Open Gym Volleyball i - _. ; L_ ___.. _ --11 i ,,, , ' 1II -_F1, _ �x 1 ,' � ���. fit Tuesdays & Thu rsd a s ______ __ _ IMI '. � lllllsN1';-; '''1 . �� ixj 9:30-11:30am : i kir i//r� ��' Sun 1T)' wi itr: iiiitill!il7jIj e OpenGymPickLebaLL :), , / ,ft, Monday-Thursday v f ir 12:00-1:45 PM ..... .: i•••1/ram-� ...+••-.i.� ©auburnwa.gov/fitness ,, . . Page 33 of 141 • • 1:1 I ch • Lci *„k_311c--,fr AUBURN COMMUNITY . , ivw.--, FITNESS iAUBURN COMMUNITY& EVENT CENTER : ' 2 i - . tit care Hours' lir- ,-- - •.,.. Monday-Friday 9am-1:30pm r -ktr A - _, Monday-Thursday 4:15-8:00pm 2 � � - . Occasional Saturdays per event schedules *.i. ,e --- II ' C - ' ' I 6ii. 1 712 III r' ----1739M1 - ,....1, .- _ - (-- -_ . Kids Playtime :,... .? ......, _ A 0 --,-i ____ Drop-off program for kids ages 2-10 for up to 2 hours. .1ip r ,.,y-sio .) '-•, ,. Kids PLaytime allows parents to leave the Community Center. 'Y- ' / f W. A q ��- A I ,,6, � � � care Rates �: 4 A - $5/2-hour session i ca ,, $10/2-hour session for Kids Playtime ,,,4 $15/child/month Unlimited Visit add on to Fitness Membership ©auburnwa.gov/fitness Page 34 of 141 Community Outreach y P.7P • , ,_ ‘,.„.„ .,..,.,. . ,,,,. .,..„,..„ .,.„. . . . .. ? _. : _„..,,... • k , ,-- , . _ reeFtHess inthaFpar , ,, k , 3 � {s TWA& A Annual summer program featuring 4 weeks of free • �-� � fitness p gro rams in Auburn Parks ,. ._.. . .<.sf r::v ,.. ., ...+k'.✓.yr NM ir.:: + +. ,', 1 1: :;'1 '..p, ++. +. ';ui,r; +;_; .1/2„,‘ ,,, • S - ...--._ _,, i i Hess ven s . ,.,, , ,Free PopUp intended to bring ; , ) „ , ,.,._ , . __ _ _ , -006: - � _ �;; ��, together for fun fitness opportunities: Open House, A •} / )31 Turkey Burn, Summer Sizzler . ,, ii 0 , - al t , s • eciait a asses & vvor s o s . , Stand alone- or ongoing classes with a special focus- Women's -gkillibilhor Stregth +, Yin Yoga & Sound Healing, Beginnerr ... .4.._ _ . Tai Chi Page 35 of 141 P • ...__ ,_ . i ,t, ., ..... . _ 0. 1,, LI Ilt iir.,, re ' vs ,w *44 J+ pfk9ip,„4(15k Fun Runs . . •1 f .y r rp y�+ S T y 4 Psi S dq ,, - -,,,,i,-. t cr. V 5 • �_ ` 1 5 / ,44;01,01 0,1c . iiiiiip The Almost 5k f run series has .. L 4: ' ./ k% 1 ..e...›.- . ii „, iv , ,: - . .,, . „., _.. ... titer r k] 4. been a popular way t get p , p ���� :kl aµ� , ,...... , ,,,__ 11111110 >,,/ - mosssor ,..,, moving ! A 1 .138 feet!) are offered each year. , . ,. _7 , , , ,... ,.,, __ , „ , ,,,,,. --• , '• ,---- • ,4 'r ' - : A iiiilf r r slow; GLOW ......."'"---- "1-..il. . /711. A Irl 1 i,,, . r ,4‘ . . . 1* . - . ek: ".._.:-;" lb II, 40.0,a..46 v --w IftirciVEl7p ifif_.._cf . : f • ; § ) RUN FUN IUN&WA �1► UN . Page 36 of 141 Stats * * 7cr 9826 AUBURN COMMUNITY FITNESS � AUBURN <oMMUNm , EVENT CENTER 500 _ , (:,,,,,,,Im—"111111- , , ‘ _ d,.. --,. ;Ett „ vim.,;, ,„,,,.,,, ,. 144 6420 ,��„� , ,i, Hours of Average X II JI number Visits tofitness r classes of Fitness Fitness � i 11 offered Members classes • I � ' � Or each per thus far in O.4 - IP month month 2026 pi e ‘_ f li y ©auburnwa.gov/fitness Member Testimonies I am so grateful for the community of people You will be welcomed I've met at the Auburn Community Center. The "The Auburn gym is the best group I have joined since retiring! I have made into a wonderful gym instructors are caring and motivating and the lots of new friends and am stronger family! - Debbie classes are full of positive people who take care of themselves. I highly recommend than ever thanks to the many class checking it out!" -Jeanne L. offerings. I Love it!" -Denise T. "I really like that the Rec Center offers such a nice variety of classes. The instructors are friendly, "I like the variety of classes at the "The gym makes working knowledgeable, and encouraging. I also enjoy Community Center as well as the out on my lunch hour having a great group of motivated workout buddies, different times classes they are accessible." who make coming to class even more fun!" offered." - Ashley -Jeanne B. -Debbie B. "I like that every class is a drop-in class and k �k there's no commitment for a set period of time. "I love playing basketball I love the instructors, who are all encouraging on Saturday mornings!" and positive and bring something different to - Leif AUBURN Co M M U N I T Y every class. I also love the positivity that I feel every day I come to a class." -JanEllen F J INE-r % AUBURN COMMUNITY & EVENT CENTER Page 38 of 141 • LIJ • ©auburnwa.gov/fitness Page 39 of 141 CITY OF • AiJBtJiR.I\j AGENDA BILL APPROVAL FORM WASH I NGTON Agenda Subject: Meeting Date: Ordinance No. 7025 (Krum) (15 Minutes) August 24, 2026 An Ordinance relating to updates to the Daycare Zoning Regulations amending, recodifying, and repealing certain Sections of Chapter 18.04; amending certain Sections of Chapter 18.31; and amending Sections 18.07.020, 18.09.020, 18.23.030, 18.35.030, 18.38.060, 18.52.020, 18.74.030, 18.76.045 of the Auburn City Code Department: Attachments: Budget Impact: Community Development Presentation, Ordinance No. 7025, ORD No. 7025 - Exhibit A Administrative Recommendation: For discussion only. Background for Motion: Background Summary: House Bill (HB) 5509 regulates the siting of child care centers and was passed by the State Legislature in 2025. HB 5509 allows child care centers, and the conversion of existing buildings for use as child care centers, as an outright permitted use in all zones except industrial zones and open space zones. Cities may impose reasonable restrictions on associated permits, including pickup and drop-off areas. A city must provide for a conditional use approval of an on-site child care center in industrial zones, excluding the use in or around high hazard facilities. HB 5509 is also intended to expand access to child care throughout the City of Auburn. Adult care is being removed as an associated use with child care, but is allowed as a land use under "meeting facility, public or private". Current Auburn City Code uses the term "daycare" versus the term "child care", which is used in HB 5509. Therefore, the term daycare has been replaced with child care throughout the City Code, except where it is referenced as "home-based." The proposed text amendment was transmitted to the Washington State Department of Commerce for agency review on April 16, 2026. The 60-day notice period ended on June 15, 2026. No comments from the Dept. of Commerce were received. A State Environmental Policy Act (SEPA) Determination of Non-Significance (DNS) was issued on June 1, 2026, under City File No. SEP26- 0010. No comments or appeals on the SEPA DNS were received. City staff discussed the proposed text amendment at regular meetings of the Planning Commission on June 2, 2026, and July 7, 2026. Page 40 of 141 A Notice of Public Hearing (NOH) was issued on July 24, 2026, under City File No. ZOA26-0006. The Planning Commission Public Hearing notice was published in The Seattle Times and was posted in three general public locations (City Hall, City Annex, and the City's Public Land Use Notice webpage). A Public Hearing was held by the Planning Commission on August 4, 2026, and, following public testimony, the Planning Commission deliberated and voted to recommend the text amendment to City Council for adoption. Councilmember: Tracy Taylor Staff: Jason Krum Page 41 of 141 CITY COUNCIL STUDY SESSION AUBURN VALUES DAYCARE CODE UPDATE SERVICE ENVIRONMENT ECONOMY PRESENTED BY DINAH REED, SENIOR PLANNER CHARACTER AUGUST 24 , 2026 SUSTAINABILITY WELLNESS CELEBRATION Department of Community Development Planning • Building • Development Engineering • Permit Center Economic Development • Code Enforcement Page 42 of 141 PURPOSE FOR UPDATE House Bill ( HB) 5509 updated regulations related to child care centers Effect of Text Amendment : Expands use of child care centers in Auburn City code uses the term " daycare " versus the term " child care " SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 43 of 141 TEXT AMENDMENTS Chapter 18. 04 Definitions Combined definitions of Home based daycare - up daycare and childcare to 16 children Removed adults from Removed babysitting care definition Washington State Department of viiie) CHILDREN, YOUTH & FAMILIES Page 44 of 141 TEXT AMENDMENT CHANGES Section 18 . 07. 020 Section 18 . 23 . 030 Residential Zones Commercial Zones Permitted outright in all CUP in the light and heavy residential zones industrial zones Removed arterial street requirement Page 45 of 141 TEXT AMENDMENT CHANGES Section 18 . 23 . 030 Section 18 . 31 . 010 Special Purpose Zones Child Care Standards Daycare to childcare Removed adult daycares Allowed in Public Use and Daycare to childcare Open Space zones Page 46 of 141 PLANNING COMMISSION Planning Commission Discussion June 2 , 2026 and July 7 , 2026 Presentation & Discussion August 4 , 2026 Presentation Public Hearing Deliberation and Vote ( Recommendation ) Page 47 of 141 PLANNING COMMISSION RECOMMENDATION City Council to vote to adopt the proposed Daycare zoning regulations , amending, recodifying, and repealing certain Sections of Chapter 18 . 04 ; amending certain Sections of Chapter 18 . 31; and amending Sections 18 . 07. 020 , 18 . 09 . 020 , 18 . 23 . 030 , 18 . 35 . 030 , 18 . 38 . 060 , 18 . 52 . 020 , 18 . 74 . 030 , 18 . 76 . 045 of the Auburn City code . Page 48 of 141 NEXT STEPS : AUBURN RECOMMENDED ACTION VALUES ORD . NO . 7025 SEPTEMBER 8 , 2026 SERVICE ENVIRONMENT ECONOMY CHARACTER QU ■ • i'N SUSTAINABILITY WELLNESS CELEBRATION Department of Community Development Planning • Building • Development Engineering • Permit Center Economic Development • Code Enforcement Page 49 of 141 ORDINANCE NO. 7025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO UPDATES TO THE DAYCARE ZONING REGULATIONS AMENDING, RECODIFYING, AND REPEALING CERTAIN SECTIONS OF CHAPTER 18.04; AMENDING CERTAIN SECTIONS OF CHAPTER 18.31; AND AMENDING SECTIONS 18.07.020, 18.09.020, 18.23.030, 18.35.030, 18.38.060, 18.52.020, 18.74.030, 18.76.045 OF THE AUBURN CITY CODE WHEREAS, House Bill (HB) 5509, an Act relating to the siting of child care centers was passed by the State Legislature in the 2025 Regular Session; and WHEREAS, House Bill (HB) 5509 allows child care centers, and the conversion of existing buildings for use as child care centers, as an outright permitted use in all zones except industrial and open space zones; and WHEREAS, the city must provide for a conditional use approval of an on-site child care center in industrial zones, except in or around high hazard facilities; and WHEREAS, cities may impose reasonable restrictions on a child care center permits, including pickup and drop-off areas; and WHEREAS, House Bill (HB) 5509 is also intended to expand access to child care; and WHEREAS, adult care is no longer considered to be an associated use of child care; and WHEREAS, city code uses the term daycare versus the term child care which is used in House Bill (HB) 5509; and WHEREAS, the term daycare has been replaced with child care throughout the city code except where it is referenced as "home based"; and Ordinance No. 7025 August 12, 2026 Page 1 of 4 Rev. 2026 Page 50 of 141 WHEREAS, pursuant to Chapter 36.70A Revised Code of Washington (RCW) a text amendment shall be amended with public participation; and WHEREAS, on April 17, 2026, the proposed text amendments were transmitted to the Washington State Department of Commerce to comply with the required 60-day review period, pursuant to RCW 36.70A.106; and WHEREAS, environmental review for the proposed amendment was conducted in accordance with the State Environmental Policy Act (SEPA), which resulted in a Determination of Non-Significance (DNS) that was issued on June 1, 2026, under City File No. SEP26-0010; and WHEREAS, pursuant to Chapter 18.68 ACC, public notice for the public hearing before the Planning Commission was issued on July 24, 2026 under City File No. ZOA26- 0006, which notice was published in the Seattle Times on July 24, 2026, and posted in three general public locations (City Hall, City Annex, and the City's Public Land Use Notice webpage); and WHEREAS, the City of Auburn Planning Commission reviewed the proposed amendments to child care development regulations at public meetings on June 2, 2026 and July 7, 2026; and WHEREAS, a public hearing was held by the Planning Commission on August 4, 2026, and, following public testimony, the Planning Commission deliberated and voted to recommend these text amendments to City Council for adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance No. 7025 August 12, 2026 Page 2 of 4 Rev. 2026 Page 51 of 141 Section 1. Amendment to City Code. Chapters 18.04 and 18. 31 and Sections 18.07.020, 18.09.020, 18.23.030, 18.35.030, 18.38.060, 18.52.020, 18.74.030, and 18.76.045 of the Auburn City Code are 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. 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. Ordinance No. 7025 August 12, 2026 Page 3 of 4 Rev. 2026 Page 52 of 141 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: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney Published: Ordinance No. 7025 August 12, 2026 Page 4 of 4 Rev. 2026 Page 53 of 141 Page 1 of 37 Chapter 18.04 DEFINITIONS 18.04.2381 Child care center, nursery school, preschool. 18.04.290 Daycare center, nursery school, preschool. 18.04.1001 Child care center. 18.04.2902381 Daycare-Child care center, nursery school, preschool. "Child care center" means an entity that regularly provides child daycare and early learning services for a group of children for periods of less than 24 hours licensed by the Washington State Department of Early Learning under Chapter 110-300 WAC. Child care center is inclusive of"Daycare center, the terms"daycare centers"and "daycare". "Child care centers." "nursery school,"or"preschool" means any type of group daycare child care programs, for children or adults, including nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for preschool children, covering afterschool care for school children, and programs which provide organized learning and education experiences, provided such establishments are licensed by the state and conducted in accordance with state requirements. For the purpose of this title,the following shall also apply to child care centers. daycare center, nursery schools,or preschools: A. "Babe sitting care" means a dwelling which provides occasional custodial care to children, for periods of less than 21 hours, who do not reside within the residence of the person providing the care. Babysitting care is not necessarily provided in exchange for compensation. Page 54 of 141 Page 2 of 37 BA. "Home based daycare" means a licensed daycare that regularly provides daycare for not more than 12-16 children in -the provider's home in the family living quarters,for periods of less than 24 hours. CB. "Mini child d-aycare center" means a place, other than the home of the provider, which provides regular custodial care for one to 12 children;for periods of less than 24 hours. DC. "Child careDaycare_center" means a place, other than the home of the provider, which provides regular custodial care for 12 or more children,for periods of less than 24 hours. ED. "Preschool/nursery school" means a place, other than the home of the provider, which provides regular custodial care and/or organized learning and educational experiences for children. (Ord.6245§3,2009; Ord.4705 §2, 1994; Ord.4229§2, 1987.) 18.04.645 Neighborhood services. "Neighborhood services"as listed herein are intended to include commercial establishments that provide goods and services that are considered to be basic to the needs of a local neighborhood, and the provision of which would typically be primarily within the local market area. For the purposes of Chapter 18.49 ACC, neighborhood services establishments include: bakery and pastry shops (products made must be sold at retail on the premises); produce markets; retail grocery stores; delicatessens, restaurants or sandwich shops, limited to a seating area of 25 seats; hardware stores; retail banks or bank branches; pharmacies; daycare facilitieschild care centers: or other services subject to the approval of the planning director. See Chapter 18.49 ACC. (Ord. 6245§3,2009.) 1Q 0 1001 Child care center T "Child care center" means an entity that regularly provides child daycare and early learning services for a groi p of children for periods of less than 21 hours licensed by the Washington State Department of Early Learning under Chapter 170 295 WAC.(Ord. 66'12§ 15,2017.) Chapter 18.07 RESIDENTIAL ZONES 18.07.020 Uses. Page 55 of 141 Page 3 of 37 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 P1 P1 P1 P1 P1 P1 P1 contained in Chapter 18.32 ACC 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 Co-living housing X X X P P P13 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 P P P P P P P Chapter 18.25 ACC(2 to 6 units) Neighborhood recreational buildings and facilities A6 A6 A6 A6 A6 P P owned and managed by the neighborhood homeowners'association Use as dwelling units of(1)recreational vehicles X X X X X X X that are not part of an approved recreational Page 56 of 141 Page 4 of 37 vehicle park,(2)boats,(3)automobiles,and(4) other vehicles Renting of rooms,for lodging purposes only,to P P P P P P P accommodate not more than two persons in addition to the family or owner occupied unit8 Residential care facilities including but not limited P P P P P P P to assisted living facilities,convalescent homes, continuing care retirement facilities Single-unit detached dwellings, new P P P X X X P Supportive housing(permanent),subject to the P P P P P P P provisions of ACC 18.31.160 Swimming pools,tennis courts and similar P P P P P P P outdoor recreation uses only accessory to residential or park uses Townhouses(attached) X X X X P P P Transitional housing P P P P P P P B. Commercial Uses. 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 dayChild care. including XP P P P P P P mini . Daychild care center, child care center. preschool,or nursery school may also be permitted but must be located on an arterial Grocery or specialty food store X X X A P P A Home-based (or family)daycare as regulated by P P P P P P P RCW 35.63.185 and through receipt of approved city business license Page 57 of 141 Page 5 of 37 Home occupations subject to compliance with P P P P P P P Chapter 18.60 ACC 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 Marijuana transporter business X X X X X X X Mixed-use development3,10 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 X A A A A P P playgrounds and not homeowners'association- owned recreational area 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 A7 X X X X X X dedicated to active agricultural production during the growing season,and with 52 or less special events per calendar year When less than 50 percent of the total site area is C7 X X X X X X dedicated to active agricultural production during Page 58 of 141 Page 6 of 37 the growing season,or with more than 52 special events per calendar year Agricultural type uses are permitted provided they are incidental and secondary to the single- family use: Agricultural crops and open field growing P X X X X X X (commercial) Barns,silos and related structures P X X X X X X Commercial greenhouses P X X X X X X Pasturing and grazing' P X X X X X X Public and private stables' P X X X X X X Roadside stands,for the sale of agricultural P X X X X X X products raised on the premises.The stand cannot exceed 300 square feet in area and must meet the applicable setback requirements. 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 Museums X X X X A A A Religious institutions, less than one acre lot sizel2 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 P P P P P P P ACC 18.04.912(W)and 18.31.100) Page 59 of 141 Page 7 of 37 Eligible facilities request(EFR)(wireless P P P P P P P communications facility-See ACC 18.04.912(H)) Utility facilities and substations C5 C5 C5 C5 C5 C5 C5 Battery Energy Storage Systems,Tier I p14 p14 p14 p14 p14 p14 p14 Battery Energy Storage Systems,Tier II X X X C14 C14 C14 X Battery Energy Storage Systems,Tier III X X X X X X X Small wireless facilities(ACC 18.04.912(0)) 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. 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. Page 60 of 141 Page 8 of 37 13 When provided in the R-NM zone,a mixed-use component shall not be required as part of the project approval. 14 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.) Chapter 18.09 R-MHC MANUFACTURED/MOBILE HOME COMMUNITY ZONE 18.09.020 Uses. Permitted Use Table - Residential Zoning Designations R-MHC Land Use Zone A Manufactured/mobile home P community B Residential accessory use P C Manufactured/mobile home P community accessory use D Keeping of not more than six P household pets.This limit shall not apply to birds,fish,or suckling young of pets. E Home-based daycare P F OayChild care center, including- A limited to a mini daychild care Page 61 of 141 Page 9 of 37 R-MHC Land Use Zone center,daycare center, or preschool/nursery school G Marijuana cooperative X H Marijuana processor X Marijuana producer X Marijuana-related business X K Marijuana researcher X L Marijuana retailer X M Marijuana transport business X P= Permitted Use. A= Use may be permitted in district when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC. C= Use may be permitted in district when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC. X= Prohibited. Also see ACC 18.02.120 for further rules on interpretation. (Ord.6642§5,2017; Ord. 6269§4,2009; Ord. 6245§6,2009.) Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES 18.23.030 Uses. Page 62 of 141 Page 10 of 37 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 P-Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X- Prohibited Zoning Designation LAND USE 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- X P X P P ACC 18.31.180 Light intensity Page 63 of 141 Page 11 of 37 P-Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X- Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Manufacturing,assembling and packaging- X A X P P ACC 18.31.180 Medium intensity Manufacturing,assembling and packaging- X X X X A ACC 18.31.180 Heavy intensity Marijuana processor X X X CC Chapter 18.59 ACC Marijuana producer X X X CC Chapter 18.59 ACC Marijuana researcher X X X CC Chapter 18.59 ACC Marijuana retailer X C X CC Chapter 18.59 ACC Marijuana transporter business X X X CC Chapter 18.59 ACC Outdoor storage, incidental to principal X P X P P ACC 18.57.020(A) permitted use on property Storage- Personal household storage facility P P X P P ACC 18.57.020(B) (mini-storage) Warehousing and distribution X X X P C ACC 18.57.020(C) Warehousing and distribution, bonded and X P X P P located within a designated foreign trade zone Page 64 of 141 Page 12 of 37 P-Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X- Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Wholesaling with on-site retail as an X P X P P incidental use(e.g.,coffee, bakery) 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 A P P P P education/training(for profit) Religious institutions, lot size less than one P P A A A ACC 18.31.165 acre Religious institutions, lot size more than one P P A A A ACC 18.31.165 acre Sexually oriented businesses X P X P P Chapter 18.74 ACC Page 65 of 141 Page 13 of 37 P-Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X- Prohibited Zoning Designation LAND USE 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 X P P P X ACC 18.57.030 development2 Apartments, standalone X X X X X Caretaker apartment P P X P P Co-living housing4 X P P P X Indoor emergency housing or shelter P P P A A ACC 18.31.160 Live/work unit,as part of a mixed-use X P P P X development2 Live/work unit,standalone3 X X X X X Work/live unit,as part of a mixed-use X P P P X development2 Work/live unit,standalone3 X X X X X Page 66 of 141 Page 14 of 37 P-Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X- Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Marijuana cooperative X X X X X 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 X X X A P rental Convenience store A P X P P Drive-through espresso stands A P A P A Drive-through facility, including banks and A P P P P ACC 18.52.040 restaurants Entertainment,commercial A P X A A Page 67 of 141 Page 15 of 37 P-Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X- Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Groceries,specialty food stores P P P P X 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 P P P P P ACC 18.57.035(D) permitted use(auto/vehicle sales not included in this category) 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, P P P P P small craft brewery SERVICES Animal daycare(excluding kennels and A P A P P ACC 18.57.040(A) animal boarding) Page 68 of 141 Page 16 of 37 P-Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X- Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Animal sales and services(excluding kennels P P P P P ACC 18.57.040(B) and veterinary clinics) Banking and related financial institutions, P P P P P excluding drive-through facilities Catering service P P A P P Child careDaycarc, including mini daycare, P P P PC5 XC5 daycare child care center,child care center. preschools,or nursery schools 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 A A A A A and related uses that are permitted outright Hospital P P X P P Lodging- Hotel or motel P P P A A Medical - Dental clinic P P P P X Page 69 of 141 Page 17 of 37 P-Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X- Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Mortuary,funeral home, crematorium P P X P X Personal service shops P P P P X Pharmacies P P P X X Print and copy shop P P P P X Printing and publishing(of books, newspaper A P P P P and other printed matter) 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 X A X P P transportation facility Broadcasting studio P P X P P Heliport X C X CC Page 70 of 141 Page 18 of 37 P-Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X- Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Motor freight terminal' X X X X X See Footnote No. 1 Parking facility, public or commercial,surface P P P P X Parking facility, public or commercial, P P P P X structured 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 CC ACC 18.31.240 Towing storage yard X X X A P ACC 18.57.045(A) Utility transmission or distribution line or A A A A A substation Wireless communications facility(WCF)(See * * * * * *See ACC 18.31.100 for ACC 18.04.912(W)) use regulations and zoning development standards. Eligible facilities request(EFR)(wireless P P P P P communications facility)(See ACC 18.04.912(H)) Small wireless facilities(ACC 18.04.912(0)) P P P P P Page 71 of 141 Page 19 of 37 P-Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X- Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 VEHICLE SALES AND SERVICES Automobile washes(automatic,full or self- A P P P P ACC 18.57.050(A) service) 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 A A A A A 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. Other uses may be permitted by the planning P P P P P 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 Page 72 of 141 Page 20 of 37 P-Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X- Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 uses permitted.See ACC 18.02.120(0(61, Unclassified Uses. 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, 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. 4 Co-living housing provided in this zone shall not be required to provide a mixed-use component. 5 Child care centers shall not be allowed adjacent to or within hieh hazard facilities. (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.) Chapter 18.31 SUPPLEMENTAL DEVELOPMENT STANDARDS Sections: Page 73 of 141 Page 21 of 37 18.31.010 Child Daycare standards. 18.31.020 Fences. 18.31.025 Retaining walls. 18.31.030 Height limitations - Exceptions. 18.31.040 Lots. 18.31.050 Single-unit detached siting and design standards. 18.31.060 Recreational vehicle parks. 18.31.070 Setbacks. 18.31.080 Heliports. 18.31.090 Work release, prerelease and similar facilities. 18.31.100 Wireless communications facilities siting standards. 18.31.110 Siting of small wireless facilities. 18.31.115 Wetland mitigation. 18.31.120 Repealed. 18.31.130 Communal residence standards. 18.31.140 Gated residential subdivisions. 18.31.150 Secure community transition facilities. 18.31.160 Supplemental standards for transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing. 18.31.165 Homeless encampment hosted by a religious organization. 18.31.170 Reserved. 18.31.180 Performance standards. 18.31.190 Supplemental standards for residential mobile home communities. 18.31.200 Architectural and site design review standards and regulations. 18.31.210 Agricultural enterprises development standards. 18.31.220 Permitted animals. 18.31.230 Repealed. 18.31.240 Battery energy storage systems (BESS). 18.31.010 s-ayChild care center standards. A. The following performance standards shall apply to all child daycares providers:. but shall not apply to adult daycare: Page 74 of 141 Page 22 of 37 1. If applicable, must be properly licensed with the state of Washington; 2. DayChild care centers, mini child care center, preschool,and nursery school services shall not be conducted before 5:00 a.m. or after 9:00 p.m. in the following residential zones: RC, R-1, R-2, R-3, R-4, R-NM, R-F. B. The provisions of subsection A of this section are not intended to reduce the requirements of any other licensing agency or department. (Ord. 6959§ 1 (Exh.A),2024; Ord. 6245§ 15,2009.) 18.31.090 Work release, prerelease and similar facilities. The following siting and performance standards shall apply to all work release, prerelease and similar facilities offering alternatives to imprisonment: A. Maximum Number of Residents. No work release, prerelease or similar facility shall house more than 50 persons, excluding resident staff. B. Dispersion Criteria. 1. The lot line of any new or expanding work release, prerelease or similar facility shall be located: a. One thousand (1,000)feet or more from any residential zone; and b. One thousand (1,000)feet or more from any group residence facility as defined by ACC 18.04.440; and c. One thousand (1,000)feet or more from any accredited public, private or parochial school, excluding commercial schools such as business, vocational or technical schools; and d. One thousand (1,000)feet or more from any religious institution meeting the requirements of a conforming use and meeting all other requirements of the Auburn City Code; and e. One thousand (1,000)feet or more from any public park; and Page 75 of 141 Page 23 of 37 f. One thousand (1,000)feet or more from any licensed daychild care center, mini child care center. nursery school,or preschool as defined by ACC 18.04.2381: 8.04.290; and g. One mile or more from any other work release, prerelease or similar facility. 2. The distances provided in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located or expanded to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated. 18.31.150 Secure community transition facilities. The following siting and performance standards shall apply to all secure community transition facilities (SCTFs) as defined in RCW 71.09.020: A. Maximum Number of Residents. No SCTF shall house more than 15 persons, excluding resident staff. B. Siting Criteria. As an essential public facility of regional or statewide importance, any SCTF shall be sited consistent with the essential public facilities process in the Auburn comprehensive plan and shall be located in the region-serving area of Auburn, as defined and mapped in the Auburn comprehensive plan. Such facilities should be located in relationship to transportation facilities in a manner appropriate to their transportation needs. Extensive buffering from adjacent uses may be required. C. Dispersion Criteria. 1. The lot line of any new or expanding SCTF shall be located: a. One thousand (1,000)feet or more from any residential use; and b. One thousand (1,000)feet or more from any group residence facility as defined by ACC 18.04.440; and c. Not adjacent to a parcel containing nor within the line of sight of any of the following: Page 76 of 141 Page 24 of 37 i. Any accredited public, private or parochial school; ii. Any religious institution in existence as of the effective date of the ordinance codified in this section; iii. Any public park, publicly dedicated trail, sports field, playground, or recreational or community center; iv. Any licensed day child care center, mini child care center. nursery school,or preschool as defined by ACC 18.04.290; 18.04.2381; v. Any school bus:-stop in existence at the time the facility is proposed; vi. Any public library; and vii. Any other facilities as identified by the State of Washington Department of Social and Health Services following the hearings on a potential site as required in RCW 71.09.315; Chapter 18.35 SPECIAL PURPOSE ZONES 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 Page 77 of 141 Page 25 of 37 P- Permitted C-Conditional Permitted,Administrative,Conditional and Prohibited Uses by Zone A-Administrative X-Prohibited Zoning Designations LAND USE Standards for Specific Land Uses P-1 I OS MARIJUANA-RELATED BUSINESSES Marijuana processor X X X Marijuana producer X X X Marijuana researcher X X X Marijuana retailer X X X Marijuana transporter business X X X PUBLIC Animal shelter, public P X X Government facilities;this excludes offices and P P C related uses that are permitted outright Municipal parks and playgrounds P P P RECREATION, EDUCATION AND PUBLIC ASSEMBLY Campgrounds X P P Recreational vehicle parks, private X P X Page 78 of 141 Page 26 of 37 P- Permitted C-Conditional Permitted,Administrative,Conditional and Prohibited Uses by Zone A-Administrative X-Prohibited Zoning Designations LAND USE Standards for Specific Land Uses P-1 I OS 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 Library, museum P P A Meeting facility, public or private P P A Private school -specialized education/training(for X P X profit) 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 Page 79 of 141 Page 27 of 37 P- Permitted C-Conditional Permitted,Administrative,Conditional and Prohibited Uses by Zone A-Administrative X-Prohibited Zoning Designations LAND USE Standards for Specific Land Uses P-1 I OS RESIDENTIAL Middle housing subject to the provisions in X Al X Chapter 18.25 ACC(2 to 6 units) 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 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- P A X through facilities SERVICES Page 80 of 141 Page 28 of 37 P- Permitted C-Conditional Permitted,Administrative,Conditional and Prohibited Uses by Zone A-Administrative X-Prohibited Zoning Designations LAND USE Standards for Specific Land Uses P-1 I OS Banking and related financial institutions, X X X excluding drive-through facilities3 DayChild care, including mini daychild care, XP P AP daycare child care center, preschools,or nursery schools 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 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 Ill X X X See ACC 18.31.240 Page 81 of 141 Page 29 of 37 P- Permitted C-Conditional Permitted,Administrative,Conditional and Prohibited Uses by Zone A-Administrative X-Prohibited Zoning Designations LAND USE Standards for Specific Land Uses P-1 I OS Utility facilities,substations, utility transmission or X X A See ACC distribution line 18.02.040(E) Wireless communications facility(WCF)(See ACC * * * *See ACC 18.31.100 18.04.912(W)) for use regulations and zoning development standards. Eligible facilities request(EFR)(Wireless P P P communications facility)(See ACC 18.04.912(H)) Small wireless facilities(ACC 18.04.912(0)) P P P Emergency wireless communications facility X P X See ACC 18.04.912 (EWCF) and 18.31.100 OTHER USES THAT ARE NOT LISTED Other uses may be permitted by the planning P P P 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 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. Page 82 of 141 Page 30 of 37 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.) Chapter 18.38 L-F AIRPORT LANDING FIELD DISTRICT, OVERLAY, AND FAR PART 77 SURFACES 18.38.060 Airport overlay restrictions and standards. A. Zones 1 and 2. The following regulations shall apply within the boundaries of Zones 1 and 2: 1. The following new uses established after the effective date of the ordinance codified in this chapter are prohibited in Zones 1 and 2: a. Multiple-family dwellings, stand-alone; b. Mixed-use development; c. Nursing home; d. Assisted living facility; e. Supportive housing; f. Hospitals; g. Senior housing; h. Schools, elementary, middle/junior high, and secondary or high school; i. DayChild care center, mini child care center, and nursery schools/preschools; j. Detached single-family dwellings, except caretakers quarters; and k. Other uses, similar to those above, or activities determined by the planning director in consultation with the airport manager to be incompatible with aviation, aviation Page 83 of 141 Page 31 of 37 safety, or any activity that has the potential to interfere with the airport, airport traffic patterns, and aircraft operations. 18.52.020 Number of off-street parking spaces required. Table 18.52.020. Off-Street Parking Requirements by Land Use Required Parking Rate Land Use Type: Unit of Measure: (spaces per unit of measure):6 Residential Categories Single-unit detached dwelling,adult family home, Dwelling unit 2.008 home-based daycare; Middle housing(2 to 6 units) See Chapter 18.25 ACC for middle housing parking requirements. Apartments(7 or more units) Dwelling unit 0.50 Mobile home dwellings' Dwelling unit 2.00 Assisted living facilities and senior housing Per unit 0.00 Permanent supportive housing,transitional Per unit 0.00 housing,emergency housing,and emergency shelters Group living(includes boardinghouse) 4 bedrooms 1.00 Co-living housing? 1 sleeping unit 0.25 Commercial Categories Auto sales and motorcycle, new 1,000 sf of floor area 2.29 Page 84 of 141 Page 32 of 37 Required Parking Rate Land Use Type: Unit of Measure: (spaces per unit of measure):6 Auto sales and motorcycle, used 1,000 sf of floor area 3.08 DayChild care centers Each 10 children in care 2.00 Eating and drinking establishments 1,000 square feet of floor area 8.00 Food retail stores and markets 1,000 square feet of floor area 5.00 Health and fitness clubs 1,000 square feet of floor area 5.00 Hotel or motel Guest room or rental unit 1.00 Mini-marts and gas stations 1,000 square feet of floor area 5.00 Mortuaries or funeral homes 25 square feet of floor space 0.25 Motor vehicle repair and services 1,000 square feet of floor area 2.50 Personal service shops 1,000 square feet of floor area 2.50 Retail commercial establishments, less than 15,000 1,000 square feet of floor area 2.50 square feet of floor area Retail commercial establishments,greater than 1,000 square feet of floor area 4.00 15,000 square feet of floor area Shopping centers 1,000 square feet of floor area 4.004 Office Categories Business and professional offices 1,000 square feet of floor area 2.00 Medical-dental clinic; urgent care 1,000 square feet of floor area 3.00 Page 85 of 141 Page 33 of 37 Required Parking Rate Land Use Type: Unit of Measure: (spaces per unit of measure):6 Manufacturing Processing and Warehousing Categories (See also ACC 18.52.020(D)) All manufacturing, industrial,and processing uses, 1,000 square feet of floor area 1.00 except the following: Warehousing 2,000 square feet of floor area 1.00 Storage- Personal storage/mini-storage facilities 1,000 square feet of floor 0.10 area2 Recreation, Education, Public Assembly Categories Auditoriums,stadiums,and theaters 25 square feet of floor space 0.25 Commercial recreation facilities-Indoor, except 1,000 square feet of floor area 5.00 for the following: Bowling alleys Lanes 5.00 Pool and billiard rooms Table 2.00 Skating rinks 1,000 square feet of floor area 5.00 Commercial recreation facilities-Outdoor 1,000 square feet of usable 3.00 recreational area Hospitals Bed 1.75 Library, museum 1,000 square feet of floor area 2.50 Meeting facility, public or private 25 square feet of floor space 0.25 Page 86 of 141 Page 34 of 37 Required Parking Rate Land Use Type: Unit of Measure: (spaces per unit of measure):6 Religious assembly 25 square feet of floor space 0.20 Schools(public and private) Preschool schools Employee3 1.00 Elementary/middle schools Teaching station 1.20 Secondary(high)schools Student 0.40 College or university(including trade and business Student 0.75 schools) Studios(dance, martial arts,etc.) 1,000 square feet of floor area 5.00 Tennis/racquetball/handball or other sport courts Court 2.00 Each 300 sf of floor area for 1.00 accessory uses Recreational uses not listed elsewhere Same as retail, based on size Notes: 1 Within mobile home parks, parking space shall not be allowed within the required setbacks. Guest parking shall be provided within the development:five percent of total requirement. 2 Includes total on-site building square feet. 3 There shall be two visitor-parking stalls provided for each 10 required employee stalls. 4 Compliance with these standards is not required for a change of use within an existing building. 5 Employee and customer parking only. 6 If the rate ends in .5 and above the number of parking spaces is rounded up to the next full number to provide the total number of parking spaces required. Page 87 of 141 Page 35 of 37 7 Off-street parking shall not be required within one-half mile walking distance of a major transit stop as defined by RCW 36.70A.535(11)(b). 8 Is the total number of parking spaces required. (Ord.6998§ 1 (Exh.A),2025; Ord. 6977§ 1,2025; Ord. 6959§ 1 (Exh.A),2024; Ord.6419§ 5,2012; Ord. 6388 § 1,2011; Ord.6167§4,2008; Ord. 6140§2, 2007; Ord. 6071 §3,2007; Ord. 5777§ 1,2003; Ord. 5556§ 1, 2001; Ord. 5170§ 1, 1998;Ord.4949§ 1, 1997; Ord.4304§ 1(40),(41), 1988; Ord.4229§2, 1987.) Chapter 18.74 LOCATION OF SEXUALLY ORIENTED BUSINESSES 18.74.030 Prohibited in certain areas. A. Sexually oriented business uses are prohibited: 1. Within 1,000 feet of any property zoned for any residential use or of any property used for any single-family or multiple-family residential use; provided, that for the purposes of this section, properties located in the M-1 light industrial zone are not zoned for residential use, notwithstanding the fact that residential use may be allowed or permitted in this zone; 2. Within 1,000 feet of any public or private elementary or secondary school; 3. Within 1,000 feet of any child daycare center, mini child care center.child care service, nursery, preschool or community youth center; 4. Within 1,000 feet of any church or other facility or institution used primarily for religious purposes; 5. Within 1,000 feet of any public park, open space or other similar place where children are likely to congregate; 6. Within 1,000 feet of any large enclosed multi-business retail complex that caters as a significant part of its business to children. For the purposes hereof, a large enclosed multi- business retail complex that caters as a significant part of its business to children means a covered complex of retail and service business that include at least 30 businesses, and that have any combination of amenities geared to children, including but not limited to: Page 88 of 141 Page 36 of 37 attractions designed for use by children, regularly scheduled events for children, and designated play child areas; and 7. Within 1,000 feet of any other sexually oriented business use. B. As used herein, the distances shall mean the straight-line distance between the edge or corner of the property on which the sexually oriented business use is located to the nearest edge or corner of the property of another sexually oriented business use or any of the sensitive uses set forth above; provided, that if there is more than one business or tenancy on the property, then the distances shall mean the straight-line distance between the edge or corner of that portion of the property(or tenancy) on which the sexually oriented business use is located to the nearest edge or corner of the property of another sexually oriented business use or any of the sensitive uses set forth above. C. It is provided, however, that any sexually oriented business operating within the city of Auburn as of the initial effective date of the ordinance codified in this chapter shall constitute a pre-existing nonconforming use pursuant to ACC 18.04.650. (Ord. 6120§2, 2007;Ord. 5835§ 1,2004; Ord.4886§2, 1996. Formerly 18.74.020.) Chapter 18.76 PLANNED UNIT DEVELOPMENT DISTRICT (PUD) - LAKELAND HILLS SOUTH 18.76.045 Uses requiring an administrative use permit. A. The following uses may be permitted throughout the PUD as specifically authorized by the development plan and when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: 1. Civic, social and fraternal clubs; 2. Mini child daycare and day child care centers; 3. Preschools or nursery schools; 4. Religious institutions; 5. Utility substations; Page 89 of 141 Page 37 of 37 6. Municipal services: a. Police; b. Fire; c. Library. B. The following uses may be permitted in areas of the PUD with a comprehensive plan designation of"Light Commercial"as specifically authorized by the development plan and when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: 1. Automobile service stations; 2. Drive-through facilities, including banks and restaurants; 3. Brew pubs. (Ord. 6957 § 1 (Exh. A), 2024; Ord. 6269 § 37, 2009.) Page 90 of 141 CITY OF • AiJBtJiR.I\j AGENDA BILL APPROVAL FORM WASH I NGTON Agenda Subject: Meeting Date: Ordinance No. 7026 (Krum) (15 Minutes) August 24, 2026 An Ordinance relating to updates to the Live/Work Zoning Regulations amending Sections 18.04.527, 18.04.913, 18.07.020, 18.23.030, 18.35.030, 18.52.020, and creating Section 18.31.125 of the Auburn City Code Department: Attachments: Budget Impact: Community Development Presentation, Ordinance No. 7026, ORD No. 7026 - Exhibit A Administrative Recommendation: For discussion only. Background for Motion: Background Summary: The City of Auburn added Live/Work and Work/Live as definitions to the Auburn City Code Title 18 "Zoning" in 2012 under Ordinance No. 6433, which established the use in the City Code but did not include supplemental development standards. The newly created supplemental development standards and associated text amendments will provide clear objectives for the design and development of new Live/Work units and existing buildings proposed to be repurposed into Live/Work buildings. The proposed text amendment was transmitted to the Washington State Department of Commerce for agency review on April 16, 2026. The 60-day notice period ended on June 15, 2026. No comments from the Dept. of Commerce were received. A State Environmental Policy Act (SEPA) Determination of Non-Significance (DNS) was issued on June 1, 2026, under City File No. SEP26- 0010. No comments or appeals on the SEPA DNS were received. City staff discussed the proposed text amendment at a regular meeting of the Planning Commission on June 2, 2026, and July 7, 2026. A Notice of Public Hearing (NOH) was issued on July 24, 2026, under City File No. ZOA26-0006. The Planning Commission Public Hearing notice was published in The Seattle Times and was posted in three general public locations (City Hall, City Annex, and the City's Public Land Use Notice webpage). A Public Hearing was held by the Planning Commission on August 4, 2026, and, following public testimony, the Planning Commission deliberated and voted to recommend the text amendment to City Council for adoption. Page 91 of 141 Note that background Auburn City Code represented as existing in Ordinance No. 7026 — Exhibit A reflects an assumption that the text amendments related to Child Care under Ordinance No. 7025 will be adopted by Council. Councilmember: Tracy Taylor Staff: Jason Krum Page 92 of 141 CITY COUNCIL STUDY SESSION AUBURN VALUES LIVE/WORK CODE UPDATE SERVICE ENVIRONMENT ECONOMY PRESENTED BY DINAH REED, SENIOR PLANNER CHARACTER AUGUST 24 , 2026 SUSTAINABILITY WELLNESS CELEBRATION Department of Community Development Planning • Building • Development Engineering • Permit Center Economic Development • Code Enforcement Page 93 of 141 PURPOSE FOR UPDATE - LIVE/WORK Live/work units Allows for residential and commercial workspace in the same building. Allows for business owner to live and work in the same space . Were added in 2012 but did not include supplemental standards . SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 94 of 141 PURPOSE FOR UPDATE - LIVE/WORK The supplemental development standards will apply to new Live/work units ( buildings) and for repurposing existing buildings into Live/work units. SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 95 of 141 New buildings illi - -� LIVE/WORK re I. Re purposed buildings EXAMPLES - p p g _ a r kil V:: jµT. l+.. ..ate. fi':f t' -e 42 ,,. y t 1 Eft.. 1 • P JL ILI - I, l i i . fir. n a { "� Page 96 of 141 SUPPLEMENTAL STANDARDS FOR LIVE/WORK New Section ACC 18 .31. 125 Includes a purpose statement and supplemental standards . Ground floor "Storefront" transparency for nonresidential portion Occupied as a single unit May not be rented , leased or sold separately No off-street parking required Uses allowed limited based on zoning district SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION Page 97 of 141 TEXT AMENDMENT FOR LIVE/WORK Section 18 . 07. 020 Section 18 . 23 . 030 Residential Zones Commercial Zones Permits Live/work in all Live/work no longer part of zones except Residential mixed-use development Conservancy and R-1 Residential 1 dwelling unit no Apartment longer part of a p g per acre mixed-use development Adds Mixed-use development Page 98 of 141 TEXT AMENDMENT FOR LIVE/WORK Section 18 . 35. 030 Section 18 . 52 . 020 Special Purpose Zones Off-Street Parking Removes reference to No off-street parking for Work/ live units live/work units Page 99 of 141 TEXT AMENDMENT FOR LIVE/WORK Chapter 18 . 04 Section 18 . 04 . 527 Definitions Live/work Definition Removes Work/ live units Amends definition of from list Live/work unit Removes definition of Work/ live unit Page 100 of 141 PLANNING COMMISSION Planning Commission Discussion June 2 , 2026 and July 7 , 2026 Presentation & Discussion August 4 , 2026 Presentation Public Hearing Deliberation and Vote ( Recommendation ) Page 101 of 141 PLANNING COMMISSION RECOMMENDATION City Council to vote to adopt the proposed Live/work text amendments , amending Sections 18 . 04 . 527 , 18 . 04 . 913 , 18 . 07. 020 , 18 . 23 . 030 , 18 .35 . 030 , 18 . 52 . 020 , and creating new Section 18 . 31 . 125 of the Auburn City code . Page 102 of 141 NEXT STEPS : AUBURN RECOMMENDED ACTION VALUES ORD . NO . 7026 SEPTEMBER 8 , 2026 SERVICE ENVIRONMENT ECONOMY CHARACTER QU ■ • i'N SUSTAINABILITY WELLNESS CELEBRATION Department of Community Development Planning • Building • Development Engineering • Permit Center Economic Development • Code Enforcement Page 103 of 141 ORDINANCE NO. 7026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO UPDATES TO THE LIVE/WORK ZONING REGULATIONS AMENDING SECTIONS 18.04.527, 18.04.913, 18.07.020, 18.23.030, 18.35.030, 18.52.020, AND CREATING SECTION 18.31.125 OF THE AUBURN CITY CODE WHEREAS, the City of Auburn added Live/work and Work/live as definitions to the Auburn City Code Title 18 "Zoning" in 2012 under Ordinance No. 6433, which established the use in city code but did not include supplemental development standards; and WHEREAS, the purpose of these text amendments is to provide specific development regulations for new Live/work units and for re-purposing existing buildings into Live/work units; and WHEREAS, Live/work and Work/live were originally separated out as different uses in the code based on the percentage of space occupied by the nonresidential portion versus the residential portion of the unit; and WHEREAS, the definition and use of Work/live has been removed from the code for practical simplification; and WHEREAS, the creation and addition of supplemental development standards and associated text amendments will provide clear objectives for the design and development of new Live/work units and buildings repurposed into Live/work units; and WHEREAS, the associated text amendment to the Live/work code includes changes to Sections 18.04.527, 18.04.913, 18.07.020, 18.23.030, 18.35.030, 18.52.020 and creates new Section 18.31.125 of the Auburn City Code; and Ordinance No. 7026 August 12, 2026 Page 1 of 4 Rev. 2026 Page 104 of 141 WHEREAS, pursuant to Chapter 36.70A of the Revised Code of Washington (RCW) a text amendment shall be amended with public participation; and WHEREAS, on April 17, 2026, the proposed text amendments were transmitted to the Washington State Department of Commerce to comply with the required 60-day review period, pursuant to RCW 36.70A.106; and WHEREAS, environmental review for the proposed amendments was conducted in accordance with the State Environmental Policy Act (SEPA), which resulted in a Determination of Non-Significance (DNS) that was issued on June 1, 2026, under City File No. SEP26-0010; and WHEREAS, pursuant to Chapter 18.68 ACC, public notice for the Public Hearing before the Planning Commission was issued on July 24, 2026, under City File No. ZOA26- 0006, which notice was published in the Seattle Times on July 24, 2026, and posted in three general public locations (City Hall, City Annex, and the City's Public Land Use Notice webpage); and WHEREAS, the City of Auburn Planning Commission reviewed the proposed amendments to Live/work development regulations at public meetings on June 2, 2026, and July 7, 2026; and WHEREAS, a Public Hearing was held by the Planning Commission on August 4, 2026, and, following public testimony, the Planning Commission deliberated and voted to recommend these text amendments to City Council for adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance No. 7026 August 12, 2026 Page 2 of 4 Rev. 2026 Page 105 of 141 Section 1. Amendment to City Code. Sections 18.04.527, 18.04.913, 18.07.020, 18.23.030, 18.35.030, 18.52.020, of the Auburn City Code are amended and Section 18.31.125 of the Auburn City Code is created 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. 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. Ordinance No. 7026 August 12, 2026 Page 3 of 4 Rev. 2026 Page 106 of 141 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: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney Published: Ordinance No. 7026 August 12, 2026 Page 4 of 4 Rev. 2026 Page 107 of 141 Page 1 of 29 Chapter 18.04 DEFINITIONS Sections: 18 0 913 Worlalive unit 18.04.527 Live/work unit. "Live/work unit" means an integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and includes a complete dwelling unit. This definition is in addition to the current adopted International Building Code (IBC) definition.The work space is at ground level meeting the design standards of a storefront per the Citywide or Downtown Architectural and Design Standards.a-R-EI working space reserved for and regularly used by one or more occupants of the dwelling unit. Within a live/work unit the "work" component of a live/work unit is secondary to its residential use. Live/work units are allowed within mined use developments. (Ord. 6959§ 1 (Exh.A), 2024; Ord. 6433§ 14,2012.) 18.04.913 Work/live unit. "Work/live unit" means an integrated housing unit and worlcingpace, occupied and utilized by a single household in a structure that has been designed or structurally modified to dwelling unit. Within a work/live unit the"work"component is the primary use, to which the residential use is secondary, while the"work"component of a live/work unit is secondary to its residential use. Work/live units are allowed within mixgid use developments.(Ord.6959 51 (Exh. A), 2024;Ord. S/133535,2012.) Page 108 of 141 Page 2 of 29 Chapter 18.07 RESIDENTIAL ZONES 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 P1 P1 P1 P1 P1 P1 P1 contained in Chapter 18.32 ACC 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 Co-living housing X X X P P P13 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 Live/work.Standalone subject to the compliance X X P P P P P with ACC 18.31.12515 Middle housing subject to the provisions in P P P P P P P Chapter 18.25 ACC(2 to 6 units) Page 109 of 141 Page 3 of 29 Neighborhood recreational buildings and facilities A6 A6 A6 A6 A6 P P owned and managed by the neighborhood homeowners'association Use as dwelling units of(1)recreational vehicles X X X X X X X that are not part of an approved recreational vehicle park,(2)boats,(3)automobiles,and(4) other vehicles Renting of rooms,for lodging purposes only,to P P P P P P P accommodate not more than two persons in addition to the family or owner occupied unit8 Residential care facilities including but not limited P P P P P P P to assisted living facilities,convalescent homes, continuing care retirement facilities Single-unit detached dwellings, new P P P X X X P Supportive housing(permanent),subject to the P P P P P P P provisions of ACC 18.31.160 Swimming pools,tennis courts and similar P P P P P P P outdoor recreation uses only accessory to residential or park uses Townhouses(attached) X X X X P P P Transitional housing P P P P P P P B. Commercial Uses. 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 Child care, including mini child care center,child P P P P P P P care center, preschool, or nursery school Grocery or specialty food store X X X A P P A Page 110 of 141 Page 4 of 29 Home-based (or family)daycare as regulated by P P P P P P P RCW 35.63.185 and through receipt of approved city business license Home occupations subject to compliance with P P P P P P P Chapter 18.60 ACC 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 Marijuana transporter business X X X X X X X Mixed-use development3,10 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 X A A A A P P playgrounds and not homeowners'association- owned recreational area 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 A7 X X X X X X dedicated to active agricultural production during the growing season,and with 52 or less special events per calendar year Page 111 of 141 Page 5 of 29 When less than 50 percent of the total site area is C7 X X X X X X dedicated to active agricultural production during the growing season,or with more than 52 special events per calendar year Agricultural type uses are permitted provided they are incidental and secondary to the single- family use: Agricultural crops and open field growing P X X X X X X (commercial) Barns, silos and related structures P X X X X X X Commercial greenhouses P X X X X X X Pasturing and grazing' 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 P X X X X X X products raised on the premises.The stand cannot exceed 300 square feet in area and must meet the applicable setback requirements. 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 Museums X X X X A A A Religious institutions, less than one acre lot sizel2 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 Page 112 of 141 Page 6 of 29 Type 1-D wireless communications facility(see P P P P P P P ACC 18.04.912(W)and 18.31.1001 Eligible facilities request(EFR)(wireless P P P P P P P communications facility-See ACC 18.04.912(H)) Utility facilities and substations C5 C5 C5 C5 C5 C5 C5 Battery Energy Storage Systems,Tier I P14 P14 P14 P14 P14 P14 P14 Battery Energy Storage Systems,Tier II X X X C14 C14 C14 X Battery Energy Storage Systems,Tier III X X X X X X X Small wireless facilities(ACC 18.04.912(01) 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. 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 is 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. Page 113 of 141 Page 7 of 29 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 When provided in the R-NM zone,a mixed-use component shall not be required as part of the project approval. 14 Reference ACC 18.31.240 for standards related to battery energy storage systems(BESS). 15 Anv standalone live/work 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. 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.) Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES 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. Page 114 of 141 Page 8 of 29 Table 18.23.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone, Commercial and Industrial Zones P- Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X- Prohibited Zoning Designation Standards for Specific LAND USE 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- X P X P P ACC 18.31.180 Light intensity Manufacturing,assembling and packaging- X A X P P ACC 18.31.180 Medium intensity Manufacturing,assembling and packaging- X X X X A ACC 18.31.180 Heavy intensity 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 CC Chapter 18.59 ACC Marijuana retailer X C X CC Chapter 18.59 ACC Marijuana transporter business X X X C C Chapter 18.59 ACC Page 115 of 141 Page 9 of 29 P- Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X-Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Outdoor storage, incidental to principal X P X P P ACC 18.57.020(A) permitted use on property Storage- Personal household storage facility P P X P P ACC 18.57.020(B) (mini-storage) Warehousing and distribution X X X P C ACC 18.57.020(C) Warehousing and distribution, bonded and X P X P P located within a designated foreign trade zone Wholesaling with on-site retail as an X P X P P incidental use(e.g.,coffee, bakery) 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 Page 116 of 141 Page 10 of 29 P- Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X-Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Movie theater,except drive-in P P P X X Private school-Specialized A P P P P education/training(for profit) Religious institutions, lot size less than one P P A A A ACC 18.31.165 acre Religious institutions, lot size more than one P P A A A ACC 18.31.165 acre Sexually oriented businesses X P X P P Chapter 18.74 ACC 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 pact of a mixed use X P P X ACC 18.57.030 development 2 Apartments,standalone X X X X X Caretaker apartment P P X P P Co-living housing4 X P P P X Page 117 of 141 Page 11 of 29 P- Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X-Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Indoor emergency housing or shelter P P P A A ACC 18.31.160 Live/work unit,as part of a mixed use X P P P X development a Live/work unit,standalone 3 P P P X X ACC 18.31.125 Work/live unit,as part of a mixed use XPRPX development 2 Work/live unit,standalone 3 X X X X X Mixed-use development2 X P P X X ACC 18.57.030 Marijuana cooperative X X X X X 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) Page 118 of 141 Page 12 of 29 P- Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X-Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Community retail establishment P P P P P Construction and heavy equipment sales and X X X A P rental Convenience store A P X P P Drive-through espresso stands A P A P A Drive-through facility, including banks and A P P P P ACC 18.52.040 restaurants Entertainment, commercial A P X A A Groceries,specialty food stores P P P P X 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 P P P P P ACC 18.57.035(D) permitted use(auto/vehicle sales not included in this category) Regional retail establishment X P P P A Restaurant,cafe, coffee shop P P P P P Page 119 of 141 Page 13 of 29 P- Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X-Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Tasting room P P P P P Tavern P P P P A Wine production facility,small craft distillery, P P P P P small craft brewery SERVICES Animal daycare(excluding kennels and A P A P P ACC 18.57.040(A) animal boarding) Animal sales and services(excluding kennels P P P P P ACC 18.57.040(B) and veterinary clinics) Banking and related financial institutions, P P P P P excluding drive-through facilities Catering service P P A P P Child care, including mini child care center, P P P C5 C5 child care center, preschools,or nursery schools Dry cleaning and laundry service(personal) P P P P P Equipment rental and leasing X P X P P Page 120 of 141 Page 14 of 29 P- Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X-Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Kennel,animal boarding X A X A A ACC 18.57.040(C) Government facilities;this excludes offices A A A A A and related uses that are permitted outright 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 Pharmacies P P P X X Print and copy shop P P P P X Printing and publishing(of books, newspaper A P P P P and other printed matter) 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 Page 121 of 141 Page 15 of 29 P- Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X-Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Youth community support facility P X X X X ACC 18.57.040(E) TRANSPORTATION,COMMUNICATIONS AND INFRASTRUCTURE Ambulance,taxi,and specialized X A X P P transportation facility Broadcasting studio P P X P P Heliport X C X CC Motor freight terminal' X X X X X See Footnote No. 1 Parking facility, public or commercial,surface P P P P X Parking facility, public or commercial, P P P P X structured 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 CC ACC 18.31.240 Towing storage yard X X X A P ACC 18.57.045(A) Page 122 of 141 Page 16 of 29 P- Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X-Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Utility transmission or distribution line or A A A A A substation Wireless communications facility(WCF)(See * * * * * *See ACC 18.31.100 for ACC 18.04.912(W)) use regulations and zoning development standards. Eligible facilities request(EFR)(wireless P P P P P communications facility)(See ACC 18.04.912(H)) Small wireless facilities(ACC 18.04.912(0)) P P P P P VEHICLE SALES AND SERVICES Automobile washes(automatic,full or self- A P P P P ACC 18.57.050(A) service) 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) Page 123 of 141 Page 17 of 29 P- Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C-Conditional ZONE A-Administrative X-Prohibited Zoning Designation LAND USE Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 OTHER Any commercial use abutting a residential A A A A A 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. Other uses may be permitted by the planning P P P P P 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. 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, 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. 4 Co-living housing provided in this zone shall not be required to provide a mixed-use component. Page 124 of 141 Page 18 of 29 5 Child care facilities shall not be allowed adjacent to or within high hazard facilities. (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.) Chapter 18.31 SUPPLEMENTAL DEVELOPMENT STANDARDS Sections: 18.31.125 Live/work standards. 18.31.125 Supplemental standards for Live/work A. Purpose. Live/work units are an integrated housing unit and work space. occupied and utilized by the property owner. business owner. or business employee with a place to work and live in a single unit(ACC 18.04.527). A Live/work unit can be a new building (e.g. townhouse) or an existing unit(e.g. small commercial building with a dwelling space above or behind) and existing single-family residences allowed in the zone. B. Live/work units shall meet the following standards in addition to the current Washington State adopted International Building Code (IBC) code live/work sections. 1. The ground floor frontage of the building shall be used for nonresidential purposes. 2. Any'work' use proposed for a Live/work unit in Residential zones are subject to ACC 18.07.020"Permitted Use Table"and limited to the"Commercial Uses"category. 3. Any'work' use proposed for a Live/work unit in Commercial zones are subject to ACC 18.23.030"Permitted Use Table"and limited to the"Retail"and "Services"categories. Page 125 of 141 Page 19 of 29 4. Any'work' use proposed for a Live/work unit in Special Purpose Zones are subject to ACC 18.35.030 "Permitted Use Table"and limited to the"Retail". "Services"and "Recreation. Education. and Public Assembly" categories. 5. For new development, the nonresidential frontage must meet the design standards of a storefront per Citywide Design Standards. 6. For existing buildings, the ground floor frontage shall provide a public entrance and street level transparency meeting the design standards of a storefront per the Citywide Design Standards. 7. The residential and work components shall be occupied as a single unit. 8. No portion of the Live/work unit may be rented, leased. or sold separately. 9. Off-street parking is not required for Live/work units. Chapter 18.35 SPECIAL PURPOSE ZONES 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 Page 126 of 141 Page 20 of 29 P- Permitted C-Conditional Permitted,Administrative,Conditional and Prohibited Uses by Zone A-Administrative X-Prohibited Zoning Designations LAND USE Standards for Specific Land Uses P-1 I OS MARIJUANA-RELATED BUSINESSES Marijuana processor X X X Marijuana producer X X X 18. Marijuana researcher X X X Marijuana retailer X X X Marijuana transporter business X X X PUBLIC Animal shelter, public P X X Government facilities;this excludes offices and P P C related uses that are permitted outright Municipal parks and playgrounds P P P RECREATION, EDUCATION AND PUBLIC ASSEMBLY Campgrounds X P P Recreational vehicle parks, private X P X Page 127 of 141 Page 21 of 29 P- Permitted C-Conditional Permitted,Administrative,Conditional and Prohibited Uses by Zone A-Administrative X-Prohibited Zoning Designations LAND USE Standards for Specific Land Uses P-1 I OS 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 Library, museum P P A Meeting facility, public or private P P A Private school -specialized education/training(for X P X profit) 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 Page 128 of 141 Page 22 of 29 P- Permitted C-Conditional Permitted,Administrative,Conditional and Prohibited Uses by Zone A-Administrative X-Prohibited Zoning Designations LAND USE Standards for Specific Land Uses P-1 I OS RESIDENTIAL Middle housing subject to the provisions in X A' X Chapter 18.25 ACC(2 to 6 units) Home occupation X P P Chapter 18.60 ACC Live/work unit,work/live unit X A X ACC 18.31.125 Apartments(7 or more units) X A2 X One single-unit detached dwelling X X P4 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- P A X through facilities SERVICES Page 129 of 141 Page 23 of 29 P- Permitted C-Conditional Permitted,Administrative,Conditional and Prohibited Uses by Zone A-Administrative X-Prohibited Zoning Designations LAND USE Standards for Specific Land Uses P-1 I OS Banking and related financial institutions, X X X excluding drive-through facilities3 Child care, including mini child care, child care P P P center, preschools, or nursery schools 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 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 Ill X X X See ACC 18.31.240 Page 130 of 141 Page 24 of 29 P- Permitted C-Conditional Permitted,Administrative,Conditional and Prohibited Uses by Zone A-Administrative X-Prohibited Zoning Designations LAND USE Standards for Specific Land Uses P-1 I OS Utility facilities,substations, utility transmission or X X A See ACC distribution line 18.02.040(E) Wireless communications facility(WCF)(See ACC * * * *See ACC 18.31.100 18.04.912(W)) for use regulations and zoning development standards. Eligible facilities request(EFR)(Wireless P P P communications facility)(See ACC 18.04.912(H)) Small wireless facilities(ACC 18.04.912(01) P P P Emergency wireless communications facility X P X See ACC 18.04.912 (EWCF) and 18.31.100 OTHER USES THAT ARE NOT LISTED Other uses may be permitted by the planning P P P 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 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. Page 131 of 141 Page 25 of 29 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.) 18.52.020 Number of off-street parking spaces required. Table 18.52.020. Off-Street Parking Requirements by Land Use Required Parking Rate Land Use Type: Unit of Measure: (spaces per unit of measure):6 Residential Categories Single-unit detached dwelling,adult family home, Dwelling unit 2.008 home-based daycare Middle housing(2 to 6 units) See Chapter 18.25 ACC for middle housing parking requirements. Apartments(7 or more units) Dwelling unit 0.50 Mobile home dwellings' Dwelling unit 2.00 Assisted living facilities and senior housing Per unit 0.00 Permanent supportive housing,transitional Per unit 0.00 housing,emergency housing,and emergency shelters Page 132 of 141 Page 26 of 29 Required Parking Rate Land Use Type: Unit of Measure: (spaces per unit of measure):6 Group living(includes boardinghouse) 4 bedrooms 1.00 Co-living housing' 1 sleeping unit 0.25 Commercial Categories Auto sales and motorcycle, new 1,000 sf of floor area 2.29 Auto sales and motorcycle, used 1,000 sf of floor area 3.08 Child care centers Each 10 children in care 2.00 Eating and drinking establishments 1,000 square feet of floor area 8.00 Food retail stores and markets 1,000 square feet of floor area 5.00 Health and fitness clubs 1,000 square feet of floor area 5.00 Hotel or motel Guest room or rental unit 1.00 Live/work Per unit 0.00 Mini-marts and gas stations 1,000 square feet of floor area 5.00 Mortuaries or funeral homes 25 square feet of floor space 0.25 Motor vehicle repair and services 1,000 square feet of floor area 2.50 Personal service shops 1,000 square feet of floor area 2.50 Retail commercial establishments, less than 15,000 1,000 square feet of floor area 2.50 square feet of floor area Page 133 of 141 Page 27 of 29 Required Parking Rate Land Use Type: Unit of Measure: (spaces per unit of measure):6 Retail commercial establishments,greater than 1,000 square feet of floor area 4.00 15,000 square feet of floor area Shopping centers 1,000 square feet of floor area 4.004 Office Categories Business and professional offices 1,000 square feet of floor area 2.00 Medical-dental clinic; urgent care 1,000 square feet of floor area 3.00 Manufacturing Processing and Warehousing Categories (See also ACC 18.52.020(D)) All manufacturing, industrial,and processing uses, 1,000 square feet of floor area 1.00 except the following: Warehousing 2,000 square feet of floor area 1.00 Storage- Personal storage/mini-storage facilities 1,000 square feet of floor 0.10 area2 Recreation, Education, Public Assembly Categories Auditoriums,stadiums,and theaters 25 square feet of floor space 0.25 Commercial recreation facilities-Indoor, except 1,000 square feet of floor area 5.00 for the following: Bowling alleys Lanes 5.00 Pool and billiard rooms Table 2.00 Page 134 of 141 Page 28 of 29 Required Parking Rate Land Use Type: Unit of Measure: (spaces per unit of measure):6 Skating rinks 1,000 square feet of floor area 5.00 Commercial recreation facilities-Outdoor 1,000 square feet of usable 3.00 recreational area Hospitals Bed 1.75 Library, museum 1,000 square feet of floor area 2.50 Meeting facility, public or private 25 square feet of floor space 0.25 Religious assembly 25 square feet of floor space 0.20 Schools(public and private) Preschool schools Employee3 1.00 Elementary/middle schools Teaching station 1.20 Secondary(high)schools Student 0.40 College or university(including trade and business Student 0.75 schools) Studios(dance, martial arts,etc.) 1,000 square feet of floor area 5.00 Tennis/racquetball/handball or other sport courts Court 2.00 Each 300 sf of floor area for 1.00 accessory uses Recreational uses not listed elsewhere Same as retail, based on size Notes: Page 135 of 141 Page 29 of 29 1 Within mobile home parks, parking space shall not be allowed within the required setbacks. Guest parking shall be provided within the development:five percent of total requirement. 2 Includes total on-site building square feet. 3 There shall be two visitor-parking stalls provided for each 10 required employee stalls. 4 Compliance with these standards is not required for a change of use within an existing building. 5 Employee and customer parking only. 6 If the rate ends in .5 and above the number of parking spaces is rounded up to the next full number to provide the total number of parking spaces required. 7 Off-street parking shall not be required within one-half mile walking distance of a major transit stop as defined by RCW 36.70A.535(11)(b). 8 Is the total number of parking spaces required. (Ord.6998§ 1 (Exh.A),2025; Ord. 6977§ 1, 2025; Ord. 6959§ 1 (Exh.A),2024; Ord.6419§ 5,2012; Ord. 6388 § 1,2011; Ord.6167§4,2008; Ord. 6140§2, 2007; Ord. 6071 §3,2007; Ord. 5777§ 1,2003; Ord. 5556§ 1, 2001; Ord. 5170§ 1, 1998;Ord.4949§ 1, 1997; Ord.4304§ 1(40),(41), 1988; Ord.4229§2, 1987.) Page 136 of 141 CITY OF • AiJBtJiR.I\j AGENDA BILL APPROVAL FORM WASH I NGTON Agenda Subject: Meeting Date: Elected Officials Social Media Guidance (Legal/Administration) (15 Minutes) August 24, 2026 Department: Attachments: Budget Impact: Legal Councilmember Personal Social Media Guidance Administrative Recommendation: For discussion only. Background for Motion: Background Summary: Last month in a lawsuit filed by the City of Spokane Valley against Spokane Valley City Councilmember Al Merkel, the Spokane County Superior Court ruled that Councilmember Merkel violated both the City Council's mandatory social media policy by discussing city business on his private social media pages and the Washington Public Records Act (PRA) by failing to reasonably search for and produce those social media records in response to public records requests. Please see the first two links below under Supplemental Reading Materials. In West v. Puyallup, the Court of Appeals held that posts made by public officials on their private social media accounts may constitute public records under Washington's public records laws, provided the posts met the statutory elements of a "public record." Washington law defines a "public record" as consisting of three elements: (1) 'any writing' (2) 'containing information relating to the conduct of government or the performance of any governmental or proprietary function'; and (3) 'prepared, owned, used, or retained by any state or local agency.' MRSC did a good job of highlighting the ruling and issues in West v. City of Puyallup, 2 Wn.App.2d 586 (Div. 2 2018), please see the link below. The West v. Puyallup court held that the posts were not public records because they did not meet the third element. The Court noted that there was no indication that Julie Door, as a councilmember, was acting in her official capacity in preparing those posts or that she was conducting public business. "We stated that while "in a broad sense Door's informational posts may have furthered the [c]ity's interests to some minimal extent ... this tangential benefit to the [c]ity [was] not sufficient to establish that Door was acting within the scope of employment or her official capacity in disseminating general information about the [c]ity." Puyallup, 2 Wn. App. 2d at 599. Similarly, in West v. Clark County, 16 Wn.App.2d 1013 (Div. 2 2021), the Court found that Clark County Council Member Madore's posts on his personal Facebook page failed to meet the third Page 137 of 141 element. Madore did not prepare the posts within the scope of his employment or official capacity as a Clark County Council member. In making the posts, Madore was not acting in his official capacity, conducting public business, or otherwise furthering Clark County's interests. Therefore, the court held that the posts on Madore's personal Facebook page were not public records under RCW 42.56.010(3). Based on the case law, the issue of whether a particular post is or will be deemed a "public record" is very fact specific. Because of the potential risks to Councilmembers and to the City, the Legal Department and the Communications Division, prepared the attached Guidance document. Council could choose to formally adopt and incorporate this Guidance or similar policies in the City Council Rules of Procedure. Supplementary Reading Materials Judge Rules Against Councilmember Al Merkel - Spokane Valley Order Granting Permanent Iniunction Against Councilmember Merkel MRSC - New Ruling Finds Facebook Posts Can Be a Public Record West, 2 Wash.App. 2d at 592, 410 P.3d 1197 (citation omitted). Councilmember: Staff: Page 138 of 141 City of Auburn • ilmember Personal Social Media Guidance Sharing City information is allowed. Conducting City business is where the risk begins. Councilmembers have the right to speak as private individuals, including on personal social media accounts. Sharing public City information, meeting links, agendas, event notices, or other general updates can be a useful way to keep residents informed! At the same time, social media use by elected officials can create legal and records-management issues if a personal account begins to function like an official City of Auburn communication channel. Whether a post is treated as personal, official, or a public record is a fact-specific analysis. There is no single bright-line rule. The safest approach is simple: use personal social media for personal views and sharing public information and use official City channels for City business. Generally lower-risk uses Councilmembers may generally use personal social media to: • Share links to published Council agendas, meeting videos, City news releases, event pages, or other public City information. • Encourage residents to attend or watch public meetings. • Share general thoughts, personal opinions, or campaign-related messages, as long as they are clearly speaking for themselves. • Direct residents to official City channels for service requests, public records requests, permit questions, complaints, or other City business. • Remind followers that comments on social media are not formal public comment and should be submitted through official City processes (staff are not likely monitoring social media pages for resident inquiries). CITY OF J �.._■ _.4 Councilmember Personal Social Media Guidance 07 WASHINGTON Use caution when posting about City business Risk increases when a personal social media account is used to: • Respond to residents on specific City service issues or complaints. • Respond to or like/comment on another councilmember's post on specific City service issues, business items, or complaints. Just like email, councilmember comments on social media can create a string meeting in violation of the OPMA. • Explain, defend, or preview official City actions in a way that suggests the councilmember is speaking for or on behalf of the City. • Solicit input on pending City decisions outside the normal public process. • Share non-public information or information learned through executive session, confidential briefings, personnel matters, legal matters, or privileged communications. • Ask City staff to prepare, review, edit, post, manage, or preserve personal social media content. • Use City equipment, City accounts, City time, City staff, or City resources for campaign-related activity. Avoid online Council discussion Councilmembers should avoid discussing City business with other councilmembers on social media. That includes comments, replies, back-and-forth discussion,tagging other councilmembers into a discussion, or reacting to another councilmember's post in a way that could be viewed as participating in a discussion of official business. A single post by one councilmember is not automatically a meeting. But online exchanges among councilmembers about City business can create Open Public Meetings Act(OPMA)concerns if they amount to a"meeting"to discuss or conduct official City matters outside a properly noticed public meeting. When in doubt, save the discussion for the dais! Public records reminder A post on a personal social media account is not automatically a City public record just because it mentions City business. However, personal social media content may become a public record if it is prepared, used, owned, or retained by the City, or if it is created within the scope of official duties. Courts look at all the specific facts, including whether the post was required by the role, directed by the City, or used to further City business. Although the issue of whether a particular post is or will be deemed a "public record" is very fact specific, councilmembers should assume that posts about City business may be subject to review if a public records request is received. If asked to search a personal account for responsive records, councilmembers may be required to search their own account and provide an affidavit describing that search. Councilmembers will be responsible for compliance with PRA requirements involving their personal social media accounts and can be held personally liable for failing to reasonably search for and produce responsive records! CITY OF AUBURN Councilmember Personal Social Media Guidance 02 WASHINGTON First Amendment reminder If a personal page is used as an official channel, deleting comments or blocking users based on viewpoint can create First Amendment concerns. To reduce that risk, councilmembers should keep personal accounts clearly personal, avoid using them as a substitute for official City communication, and avoid moderating comments related to City business based on whether they agree or disagree with the viewpoint expressed. Recommended disclaimer Councilmembers who post about City-related topics on personal social media should include a clear disclaimer on the account, such as: "This is my personal social media page. The views expressed here are my own and do not represent the official position of the City of Auburn or the Auburn City Council. For official City information, public comment, service requests, or records requests, please use the City's official channels." A disclaimer does not eliminate all risk, but it helps show that the account is personal and not an official City page. Quick test before posting Before posting, commenting, replying, or reacting, ask: • Am I speaking for myself, or could this look like I am speaking for the City? • Am I sharing already-public information? • Am I discussing pending City business with another councilmember? • Am I responding to a service request or complaint that should go through City staff? • Would I be comfortable with this post being included in a public records request or review? • Is this better handled through an official City channel? If the answer is unclear, pause and ask the City Attorney, City Clerk, or Communications Manager -- before posting. We are here to help! Thank you! [S\7rj CITY OF *� Councilmember Personal Social Media Guidance 03 WASH I NGTON