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HomeMy WebLinkAbout03-05-2013 PC March 5, 2013 Packet The City of Auburn Planning Commission is an eight member advisory body that provides recommendations to the Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning. Planning Commissioners are appointed by the Mayor and confirmed by the City Council. Actions taken by the Planning Commission are not final decisions; they are in the form of recommendations to the City Council who must ultimately make the final decision. PLANNING COMMISSION MEETING March 5, 2013 AGENDA I. CALL TO ORDER – 7:00 p.m., Council Chambers II. APPROVAL OF MINUTES A. February 5, 2013 – Regular Meeting III. PUBLIC COMMENT Comment from the audience on any item not listed on the agenda for discussion or public hearing. IV. PLANNING DEPARTMENT REPORT Update on Planning and Development Department activities. V. PUBLIC HEARINGS There are no public hearings scheduled for the March 5, 2013 Planning Commission meeting. VI. OTHER BUSINESS A. Planning Commission Rules of Procedure Amendments* (Chamberlain) Summary: Planning Commission review and approve the amendments to the Planning Commission Rules of Procedure. B. Amendment to Auburn City Code Chapter 18.31, Supplemental Development Standards* (Chamberlain) Summary: Review proposed amendments to Auburn City Code Chapter 18.31 related to electric fences. VII. ADJOURNMENT Page 1 DRAFT PLANNING COMMISSION February 5, 2013 MINUTES I. CALL TO ORDER Chair Judi Roland called the meeting to order at 7:01 p.m. in the Council Chambers located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA. Commission Members present were: Chair Judi Roland, Commissioner Baggett, Commissioner Copple, Commission Mason, Commissioner Couture, Commissioner Trout, and Commissioner Ramey. Staff present included: City Attorney Dan Heid, Planning Manager Elizabeth Chamberlain, and Planning and Development Secretary Tina Kriss. Members of the audience present: Scott Pondelick II. APPROVAL OF MINUTES A. November 20, 2012 Commissioner Copple moved and Commissioner Baggett seconded to approve the minutes from the November 20, 2012 meeting as corrected. Commission requested the following changes be made to the November 20, 2012 minutes: Page 1, line 5: Joe Mason should be amended to read “Joan” Mason Page 86, line 7: At the beginning of the sentence the word under should be amended to read “understand”. MOTION CARRIED UNANIMOUSLY 6-0 Joan Mason was not at the November 20, 2012 Planning Commission meeting. She abstained from voting. III. PUBLIC COMMENT There were no public comments on any item not listed on the agenda for discussion or public hearing. IV. PLANNING DEPARTMENT REPORT Planning Manager Chamberlain shared that the Outlet Collection of Seattle has submitted to the Permit Center Phase 4 of the remodel project for review. Phase 4 is the exterior changes to some of the entrances. Staff is currently reviewing these submittals. The interior work to the food court and the walkway changes are progressing and construction on the exterior changes are expected to start in the next few weeks. PLANNING COMMISSION MEETING MINUTES February 5, 2013 Page 2 The City issued over 400 new single family residential permits in 2012. As of the end of January 2013, the City continues to be on the trend to have a similar year to 2012. Planning Manager Chamberlain updated the Commission on the status of the various items the City is currently working on that have been reviewed by the Planning Commission. Since the last meeting November 20, 2012, Comprehensive Plan Amendment File No. CPA12-0003, filed by the Locke party, went before City Council and Council agreed with the Commission and recommended denial. The City is also looking at residential real estate signs and the potential extension of the provisions. V. ACTION A. Election of Planning Commission Chair and Vice Chair Chair Roland called for nominations for the election of Chairperson for the 2013 year of the City of Auburn Planning Commission. Commissioner Copple nominated Commissioner Roland and Commissioner Trout seconded the nomination of Commissioner Roland as the 2013 Chairperson. No other Commissioners were nominated. By majority vote of Commissioners, 6-0, Chair Roland was re-elected as the Planning Commission Chairperson for 2013. MOTION APPROVED 6-0. Chair Roland called for nominations for the election of the Vice-Chairperson for the 2013 year of the City of Auburn Planning Commission. Commissioner Baggett nominated Commissioner Copple and Commissioner Trout seconded the nomination of Commissioner Copple as Vice-Chairperson. No other Commissioners were nominated. By majority vote of Commissioners, 6-0, Vice-Chair Copple was elected as the Planning Commission Vice-Chairperson for 2013. MOTION APPROVED. 6-0 Chair Roland reminded the Commission to be discrete regarding the discussion of Planning Commission activities outside the Planning Commission meetings. Refer any questions to the Planning staff rather than other Commission Members. Chair Roland asked the Commissioners to contact staff when they are unable to attend meetings and stressed the importance of attendance in order to conduct business. VI. OTHER BUSINESS A. Planning Commission Rules of Procedures Planning Manager Elizabeth Chamberlain explained the last update to the Rules and Procedures, to guide the Commission in its functions and operations, was February 5, 2007. Commission, staff, and City Attorney Dan Heid reviewed the 2007 adopted Rules and Procedures. Commission made the following recommendations: PLANNING COMMISSION MEETING MINUTES February 5, 2013 Page 3 II. MEETINGS: • Nos. 2 and 4. These two items should be combined or listed in consecutive order. • No. 7: Commission asked that the topic Executive Session be clarified under No. 7 and Closed Sessions be added as No. 8 with language to clarify that Closed Sessions are exempt from the Open Public Meetings Act and the Open Public Meetings Act shall be permitted pursuant to RCW 42.30.140. Commission asked staff to confirm the number of Commission Members that are on the Planning Commission. V. SECRETARY: • Change the department name from Planning, Building and Community to Planning and Development Department. VI. QUORUM • Add to Section XI. CONFLICT OF INTEREST: Language to clarify “a quorum once constituted shall be sufficient for the body to continue, even if a Member of the Commission leaves”. VII. ACTIONS DEFINED: • Add No. 3, Quasi-Judicial with a definition. IX. PUBLIC HEARING: • 9. C. Include abstentions and the term silent vote with a definition and clarifying language. X. APPEARANCE OF FAIRNESS: • Add language to clarify Appearance of Fairness and Conflict of Interest. Staff will make the recommended changes and return with a revised document for the Planning Commission to review at the March 5, 2013 meeting. B. Auburn City Code Chapter 16.06, Environmental Review Procedures Planning Manager Chamberlain explained that the State Environmental Policy Act (SEPA) was enacted and adopted in 1971 and since then many laws and procedures for environmental protection, land use planning, and infrastructure provisions have been implemented. PLANNING COMMISSION MEETING MINUTES February 5, 2013 Page 4 The 2012 legislature directed the Washington State Department of Ecology (Ecology), through Senate Bill (SB) 6406, to modernize the rules that guide state and local agencies in conducting SEPA reviews. Ecology issued the revised SEPA Rule Adoption Notice on December 28, 2012 and the revised rules became effective on January 28, 2013. Auburn currently has adopted the maximum thresholds for minor new construction, unless on lands wholly or partly covered by water, which are the following: • Projects that are 20 dwelling units or less (single family and multi-family) • Projects that are 12,000 square feet or less • Parking lots that have 40 or less parking spaces • Grading of 500 cubic yards or less The revised rules expand the maximum exemption thresholds for minor new construction. Commission and staff reviewed the proposed increased exemptions for fully planning GMA counties (Auburn is within King and Pierce County which are fully planning GMA counties) and incorporated areas. Commission emphasized the need to make sure the public has an opportunity to provide input should the thresholds be increased. Commission asked staff to provide information on what proposed increased exemptions other local jurisdictions have adopted. VII. ADJOURNMENT There being no further business to come before the Planning Commission, Chair Roland adjourned the meeting at 8:05 p.m. Page 1 of 1 Memorandum To: Judi Roland, Chair, Planning Commission Ron Copple, Vice Chair, Planning Commission Planning Commission Members From: Elizabeth Chamberlain, AICP, Planning Manager Date: February 27, 2013 Re: Amendments to the Planning Commission Rules of Procedure At the February 5, 2013 Planning Commission meeting, the Commission and staff reviewed the current Rules of Procedures. The Rules of Procedures are in place to guide the Planning Commission in the conduct of its functions and obligations. The Rules of Procedures were originally adopted in November 1983 and have been revised several times, most recently in February 2007. During the discussion, the Planning Commission requested the following changes: • Under Meetings, revise when meetings are held to better clarify when holidays and the November General Election affect the regular meeting date. • Under Meetings, add the RCW reference to executive sessions and add a new section related to closed sessions. • Under Meetings, add a section related to preparing agendas for regular and special meetings as well as when meeting materials are provided to the Planning Commission. • Under Secretary, revise the department name to reflect the revised name of the department. • Under Quorum, revise the section to clarify what constitutes a quorum related to attendance and voting and if a member leaves during the meeting what happens • Under Actions Defined, add quasi-judicial actions and a definition of quasi-judicial • Under Public Hearings, clarify what it means to abstain from a vote and what a silent vote means • Under Conflict of Interest, clarify the section Planning staff and the Legal Department have revised the Rules of Procedure based on the feedback provided by the Planning Commission at the February 5, 2013 meeting. At the March 5, 2013 Planning Commission meeting, staff will review the proposed changes with the Commission and if the Planning Commission is ready then action on the proposed changes can be taken. Planning Commission – Rules of Procedure 1 CITY OF AUBURN PLANNING COMMISSION RULES OF PROCEDURE ADOPTED NOVEMBER, 1983 REVISED NOVEMBER, 1988 UPDATED APRIL, 2000 REVISED FEBRUARY, 2007 REVISED MARCH 5, 2013 Planning Commission – Rules of Procedure 2 PLANNING COMMISSION - RULES OF PROCEDURE TABLE OF CONTENTS SECTION SUBJECT PAGE I. NAME..........................................................1 II. MEETINGS.................................................1 III. ELECTION OF OFFICERS.........................2 IV. CHAIR.........................................................2 V. SECRETARY..............................................3 VI. QUORUM....................................................3 VII. ABSENCE OF MEMBERS..........................3 VIII. ACTIONS DEFINED...................................3 IX. AGENDA.....................................................4 X. PUBLIC HEARING.....................................4-6 XI. CONFLICT OF INTEREST.........................6-7 XII. AMENDMENT............................................7 Planning Commission – Rules of Procedure 1 CITY OF AUBURN PLANNING COMMISSION RULES OF PROCEDURE We, the members of the Planning Commission of the City of Auburn, do hereby adopt, publish, and declare the following Rules of Procedure: I. NAME: The official name of the City Auburn advisory planning agency shall be "The City of Auburn Planning Commission." The membership and terms of office of the members of the Planning Commission shall be as provided in Chapter 2.45 of the Auburn City Code (ACC). II. MEETINGS: 1. All meetings will be held at the Auburn City Hall, Auburn, Washington, unless otherwise directed by the Secretary or Chair of the Planning Commission. 2. Regular meetings shall be held on the Tuesday following the first Monday of each month, and shall be open to the public. If the first Monday of the month is a legal holiday, the regular meeting shall be held on the following Wednesday. The meeting shall convene at 7:00 P.M. unless otherwise directed by the Secretary or the Chair. 3. If the first Monday of the month is a legal holiday, the regular meeting shall be held on the following Wednesday. If a regular meeting day (Tuesday) falls on a legal holiday or on the November General Election, the Commission will convene on the following Wednesday. 4. Special meetings of the Planning Commission shall be at the call of the Chair. Special meetings of the Planning Commission may also be called by any three members of the Council A minimum notice of 24 hours shall be provided for special meetings in accordance with State law. 4. When a regular meeting day (Tuesday) falls on a legal holiday or on the November General Election, the Commission will convene on the following Wednesday. 5. If no matters over which the Planning Commission has jurisdiction are pending upon its calendar, a meeting may be canceled at the notice of the Secretary or Chair provided at least 24 hours in advance. Planning Commission – Rules of Procedure 2 6. Except as modified by these rules of procedure, Robert's Rules of Order, as amendedNewly Revised, most current version, shall govern the conduct of the meetings. 7. Meetings of the Planning Commission shall be conducted in conformity with the requirements of the Washington State Open Public Meetings Act, Chapter 42.30 of the Revised Code of Washington (RCW). Executive sessions can only be held in accordance with the State Open Meetings Act.provisions of Section 42.30.110 RCW. 8. The Planning Commission may conduct business in closed session as allowed in conformity with Section 42.30.140 RCW. 9. An agenda shall be prepared in advance of every regular and special meeting of the Planning Commission. Meeting agendas and materials on items on an agenda for a regular meeting shall be provided to members of the Planning Commission not less than five (5) days in advance of the regular meeting. Meeting agendas and materials on items on an agenda for a special meeting shall be provided to members of the Planning Commission as promptly in advance of the meeting as can reasonably be accomplished. III. ELECTION OF OFFICERS: 1. The officers of the Commission shall consist of a Chair and Vice Chair elected from the appointed members of the Commission and such other officers as the Commission may, by the majority vote, approve and appoint. 2. The election of officers shall take place once each year at the Commission’s regular meeting in January of each calendar year. The term of office of each officer shall run until the subsequent election. 3. The vacancy of an office caused by the resignation or removal of any member of the Commission during his or her term of office shall be filled for the remaining term of office by the Mayor and confirmed by the City Council. The Chair will be replaced by the Vice Chair and the Vice Chair will be replaced by vote of the members of the Planning Commission. IV. CHAIR: 1. The Chair shall preside over the meetings of the Commission and may exercise all the powers usually incident of the office. The Chair shall be Planning Commission – Rules of Procedure 3 considered as a member of the Commission and have the full right to have his/her own vote recorded in all deliberations of the Commission. Unless stated otherwise, the Chair's vote shall be considered to be affirmative for the motion. 2. The Chair shall have power to create temporary committees of one or more members. Standing committees of the Commission shall be created at the direction of the Commission and appointed by the Chair. Standing or temporary committees may be charged with such duties, examinations, investigations and inquiries relative to one or more subjects of interest to the Commission. No standing or temporary committee shall have the power to commit the Commission to the endorsement of any plan or program without the approval at the regular or special meeting of the Commission. 3. The Vice Chair shall in the absence of the Chair, perform all the duties incumbent upon the Chair. 4. In the event of the absence of the Chair and Vice Chair, the senior member of the Commission present shall act as Chair for that meeting or may delegate the responsibility to another member. V. SECRETARY: The Planning, Building and Community and Development Director (“Director”), or his/her appointee, shall act as the Secretary for the Planning Commission and shall keep a record of all meetings of the Commission and its committees. These records shall be retained at the Planning, Building and Community and Development Department. All public hearings shall be electronically recorded verbatim and may be transcribed upon request of the Director, City Attorney, the majority of the Commission, or City Council. Transcriptions may be requested by other parties, in which case, the costs of transcription shall be borne by the requesting party. VI. QUORUM: A simple majority of the appointed members shall constitute a quorum for the transaction of business. A simple majority vote of the quorum present shall be sufficient to dispose oftake action on the matters before the Commission.; provided that once a meeting of the Planning Commission has commenced with a quorum, the meeting may continue even if the members in attendance fall below that required for a quorum, and a vote on a majority of those in attendance shall be sufficient to take action. Planning Commission – Rules of Procedure 4 VII. ABSENCE OF MEMBERS: In the event of a member being absent for three (3) consecutive regular meetings, or being absent from 25% of the regular meetings during any calendar year, without being excused by the Chair, the Chair may request that the Mayor ask for his or her resignation. To be excused, members must inform the planning commission’s secretary in advance if they cannot attend a scheduled meeting, or by the end of the next business day. VIII. ACTIONS DEFINED: The rules of the Commission impose different requirements according to the type of action before the Commission. 1. Legislative actions are those which affect broad classes of people of the whole City. These actions include adopting, amending, or revising comprehensive, community, or neighborhood plans, or other land use planning documents or the adoption of area wide zoning ordinances or the adoption of a zoning ordinance amendment that is area wide in significance. 2. Quasi-judicial actions of the Planning Commission are those actions which determine the legal rights, duties, or privileges of specific parties in a hearing or other contested case proceeding. Quasi-judicial actions include actions that would otherwise be administrative or legislative if applied more widely or city-wide, rather than affecting one or a small number of persons or properties. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of general or area-wide significance. 3. Organizational actions are those actions related to the organization and operation of the Commission. Such actions include adoption of rules, directions to staff, approval of reports, election of officers, etc. IX. AGENDA: An agenda shall be prepared for each meeting consisting of the following order of business: 1. Roll Call/Establishment of Quorum. 2. Approval of Minutes. 3. Public Comment Planning Commission – Rules of Procedure 5 4. Staff Comments and Reports 5. Public Hearings. 6. Other Business Items as Appropriate. 7. Adjournment. Additional items may be added to the agenda by the Planning Commission. The Chair shall have the discretion to amend the order of business. X. PUBLIC HEARINGS: The procedure for conducting all public hearings will be as follows: 1. Chair opens the public hearing and establishes whether the proponent, if applicable, is in attendance. 2. Staff Report. 3. Testimony of Proponent, if applicable. 4. Chair calls for other testimony, either for or against. Testimony must be called for three times. The Chair shall have the discretion to set time limits on individual public testimony. 5. Questions of staff or persons presenting testimony. 6. Chair closes public hearing. 7. A public hearing may be reopened by motion to accept additional testimony. 8. Deliberation. 9. Voting: A. Any member, including the Chair, not voting or not voting in an audible voice shall be recorded as voting in favor of the motion. B. The Chair, Secretary, or upon request from a Commission member, may take a roll call vote. C. It is the responsibility of each member of the Planning Commission to vote when requested on a matter before the full Commission. However, a member may abstain from discussion and voting on a question because of a stated conflict of interest or appearance of fairness. Planning Commission – Rules of Procedure 6 D. If any member of the Planning Commission wishes to abstain, from a vote on the motion, that member shall so advise the Chair and, if there is no objection to the abstention, shall remove and absent himself/herself from the deliberations and considerations of the motion, and shall have no further participation in the matter. Such advice shall be given prior to any discussion or participation on the subject matter or as soon thereafter as the member perceives a need to abstain, provided that, prior to the time that a member gives advice of an intent to abstain from an issue, the member shall confer with the City Attorney to determine if the basis for the member's intended abstention conforms to the requirements hereof. If the intended abstention can be anticipated in advance, the conference with the City Attorney should occur prior to the meeting at which the subject matter would be coming before the Planning Commission. If that cannot be done, the member should advise the Chair that he/she has an "abstention question" that he/she would want to review with the City Attorney, in which case, a brief recess would be afforded the member for that purpose before proceeding furtherAn abstention from any member present during the vote shall count as a vote for the majority. DE. If a tie vote exists, after recording the Chair's vote, the motion fails. 8. Continuing an Item: If the Commission wishes to continue a public hearing item, the Chair should open the public hearing, solicit testimony, and request a motion from the Commission to continue the public hearing item to a time, place, and date certain. If any matter is tabled or postponed without establishing a date, time, and place certain, the matter shall be scheduled for a hearing pursuant to Auburn City Code (ACC) Ssection 18.68.040 before the matter may be considered again. 9. Findings of Fact: The Commission should adopt findings of fact and conclusions for actions taken involving public hearing items. The findings and conclusions may be approved by any one of the following methods: A. The Commission may adopt in whole, in part, or with amendments, the written findings prepared by staff. Motions to approve the staff recommendations shall be deemed to Planning Commission – Rules of Procedure 7 incorporate such findings and conclusions unless otherwise indicated. Such findings and conclusions do not have to be read in order to be deemed a part of the record. B. The motion to take action may adopt oral finding statements made by Commission members or staff during the hearing or deliberation. C. The motion to take an action may direct that additional written findings and conclusions be developed based on the hearing and deliberation of the Commission. D. Findings and conclusions may be approved or amended at any time by the Planning Commission, but all such actions shall be based on the record of the matter at hand. 10. Order of Hearings: Normally the order of hearings shall be as published in the agenda. However, the Chair in order to avoid unnecessary inconvenience to people wishing to testify, or the late arrival of a proponent, may change the order as may be necessary to facilitate the meeting. If the proponent does not appear at the public hearing, the Planning Commission may continue the public hearing until the next meeting in order to ensure adequate consideration of the proposal. However, in such case the Chair shall take whatever testimony that may be given before accepting a motion to continue pursuant to Section (8). XI. CONFLICT OF INTEREST: A. Any member of the Commission who in his or her opinion has an interest in any matter before the Commission that would tend to prejudice his or her actions shall publicly indicate, step down and leave the meeting room until the matter is disposed. A member need only be excused from legislative or organizational action if the potential conflict of interest is direct and substantial. (1) No member of the Planning Commission may use his or her position to secure special privileges or exemptions for himself, herself, or others. (2) No member of the Planning Commission may, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the employing Planning Commission – Rules of Procedure 8 municipality, for a matter connected with or related to the officer's services as such an officer unless otherwise provided for by law. (3) No member of the Planning Commission may accept employment or engage in business or professional activity that the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position. (4) No member of the Planning Commission may disclose confidential information gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit. (5) No member of the Planning Commission may take any action that is prohibited by Chapter 42.23 RCW or any other statutes identifying conflicts of interest. B. Appearance of Fairness: Commission members shall strive to follow, in good faith, the Appearance of Fairness Doctrine as established under Washington State Law as it applies to quasi-judicial decisions (RCW 42.36) even for legislative actions before the Commission. The doctrine includes but is not limited to the following: 1. Members shall avoid communicating in respect to any proposal with any interested parties, other than staff, outside of public hearings. Written communication from an interested party to a member may be permitted provided that such communication is made part of the record. 2. Members shall avoid drawing conclusions regarding decisions until after the public hearing is closed. 3. Members shall avoid participating in decisions which affect their or any family member's property, personal or business interest, or organization. 4. Members shall avoid participating in decisions in which a preconceived bias or conclusion has been formed in the mind of the member prior to the hearing. Planning Commission – Rules of Procedure 9 5. If any concern relating to Items 1 through 4 should arise, the affected member shall declare at the start of the public hearing on the matter, the extent of such concern and whether the member's decision has been influenced. If the member has been influenced, or if the extent of the concern is significant, the member shall be excused by the Chair from the meeting room and his vote recorded as an abstention. If, under these rules, a quorum would be excused from the meeting, the Chair in order to establish a quorum, shall under the rule of necessity, permit sufficient members (beginning with those who are least affected by these rules) to participate in the decision. No member may participate in any decision if the member had not heard the testimony presented at the hearing on the matter. Such member may, however, listen to the recording of the hearing in order to satisfy this requirement. These rules are intended to be consistent with RCW 42.36. In the case of any conflict, RCW 42.36 or applicable case law shall govern. XII. AMENDMENT: The Rules of Procedure may be amended at any regular meeting of the Commission by a majority vote of the entire membership. The proposed amendment should be presented in writing at a preceding regular meeting. Memorandum To: Planning Commission Members From: Jeff Tate, Interim Director of Planning and Development Date: February 26, 2013 Re: Electric Fences Background The City has received a request to re-evaluate the existing language of Chapter 8.12 of the Auburn City Code which designates electric fences as a public nuisance. Electric fences were first designated as a public nuisance under city code in 1957. Since that time, there have been several advancements in technology and industry practice that have caused most jurisdictions to allow electric fences subject to conditions. Conditions typically focus on minimizing the likelihood of accidental contact and techniques that minimize harm to humans in instances where accidental contact occurs. Description of Technology and Techniques Regulatory Oversight – The State Department of Labor and Industries (L&I) requires electrical permits and inspections for all electric fences. Upon verification from L&I and permitting agencies from Tacoma, Seattle, Kent, and Federal Way property owners wishing to install electric fences must obtain electrical permits and inspections. L&I did not offer any negative opinions or feedback with respect to potential danger associated with electrical fences. Additionally, federal standards have been established that define specifications for electrical fences (e.g. International Electro technical Commission (IEC) Standard No. 60335-2-76). Non-electrified exterior fence – A common industry practice is to install an uncharged fence exterior to the charged fence so that incidental contact by people or animals is eliminated. Typically, the uncharged fence is placed approximately 4 inches from the charged fence. This distance not only eliminates incidental contact it also prevents an individual from scaling the uncharged fence and getting stuck between the two fences. Pulsating charges – Another common practice is to employ pulsating charges rather than maintaining a continuous charge. Generally, the power source sends a single pulse through the fence system at a rate of one pulse every 1 to 1.2 seconds. The duration of each pulse is measured in thousandths of a second. Split second pulses are intended to provide a short burst of energy that is intended to scare an intruder rather than inflict bodily harm. The power source for many modern electric fences further limits the duration of electrical pulses because they are run by low voltage batteries (12 volt DC) that don’t have the capability to run a continuous charge. 2 Signage – Industry standards dictate that electric fences are adequately signed so that humans are informed that the fence is charged and that contact should be avoided. Signage is typically provided in both English and Spanish and placed upon the non-charged fence at an appropriate defined distance between signs. Other Factors – Additional safeguards are typically employed to reduce accidental exposure to electric fences. For example, electrical fences consist of horizontal wires that span from pole to pole. The lowest wire is not charged in order to avoid contact with snow that may accumulate and to eliminate power arcing when someone is standing in a puddle that is in close proximity to the fence. Overview of Other Jurisdictions Renton – electric fences are allowed within zoning designations that permit warehousing, manufacturing, and industrial uses. Kent – specific standards have been established that regulate all types of fencing. While certain types of fences are prohibited, e.g. razor wire, electric fences are not listed as a prohibited use and are therefore allowed. Puyallup – electric fences are allowed outright Sumner – electric fences are allowed outright Options 1. Maintain existing code language that precludes electric fences in all zones except Rural Residential. 2. Amend City Code to allow electric fences in other zoning designations subject to the following types of limitations: a. By zoning designation, e.g. C-3, M-1 b. By use, e.g. warehouse, manufacturing, commercial c. By type of electric fence, e.g. maximum voltage, pulsating vs. continuous Attachment: Attachment A: Draft Code Amendments ATTACHMENT A ACC 8.12.060 STRUCTURES AND BUILDINGS AS NUISANCES 8.12.060 Structures and buildings as nuisances. A. It is a public nuisance to have a fence or similar structure with any barbed wire, razor wire or similar wire located within five feet of any public sidewalk unless the barbed wire, razor wire or similar wire is located at a height greater than eight feet above the ground. It is provided, however, that any fence legally constructed and installed before April 12, 2003, shall be exempt from the provisions hereof, so long as any barbed wire, razor wire or similar wire on or affixed to the fence is located at a height of not less than six feet, and so long as no barbed wire, razor wire or similar wire on the fence projects beyond or intrudes past the boundary of the property on which the fence or similar structure is located. It is also a public nuisance to have any fence charged with electricity in any amount whatsoever; provided, that electric fences may be permitted in the R-R rural residential zones where the electrical charge of such electric fences is noncontinuous and the electric fence controller has been approved by the Underwriter Laboratories (U.L.) or meets the testing standards of the Underwriter Laboratories. It is further provided that electric fences in such R-R rural residential zones which abut any public street or right-of-way shall include signs of not less than 30 square inches in size posted at least every 50 feet on the fence, stating that the fence is charged with electricity. ATTACHMENT B ACC 18.31.020 FENCES 18.31.020 Fences. A. Height Regulations. The minimum or maximum height requirements as stipulated throughout this chapter shall be considered to be met if the height of the fence is within six percent of the height required. The height of the fence shall be determined from the existing, established grade on the property. 1. The following regulations shall apply in the R-1, R-5, R-7, R-10, R-16, R-20, R-MHC, RO, RO- H, I, C-N, C-1, C-2, and DUC zones: a. Fences may be constructed to a height not to exceed the following in each of the required setback areas, as regulated per each zone, or as modified by subsection B of this section: i. Front setback: 42 inches; provided, that fences constructed of chain link, wrought iron or similar materials that provide visibility may be 72 inches in height; ii. Side setback: 72 inches; iii. Rear setback: 72 inches; iv. Street side setback: 72 inches. 2. Fences and walls built within the building area of a lot may be as high as the maximum building height allowed within the applicable zone. Building permits are required for fences exceeding six feet in height. 3. If the fence includes a gate or similar feature, a vehicle refuge area shall be provided within the driveway to avoid blocking the street. The vehicle refuge area shall have a length that is sufficient for a waiting vehicle and not block the street. B. Special Height Restrictions. 1. There shall not be anything constructed or reconstructed, and no obstruction permitted, within the sight distance triangle area as required by city of Auburn engineering design standards. 2. In general, no fence, hedge, structure or other obstruction shall act as a sight hazard to traffic, and the city engineer may order the removal of such hazard whether or not such object otherwise complies with the provisions of this title. C. Screened Fence. 1. A screened fence shall consist, at a minimum, of a chain link fence interwoven with slats placed in every row or available space in the fence. 2. A 100 percent sight-obscuring fence shall be constructed of solid wood, metal, concrete or other appropriate material which totally conceals the subject use from adjoining uses. D. Fences and Associated Landscaping. 1. When landscaping is required along the property line, the fence shall be set back a minimum of five feet if the fence abuts a street right-of-way, so as to not obscure such landscaping. 2. At other property lines, the landscaping shall be located to serve the greatest public benefit. E. Obstructions – Generally Prohibited. 1. In no case shall any fence and/or hedge be constructed or grown such that it deters or hinders the fire authority from gaining access to any fire authority connection, fire protection control valve, fire hydrant, or fire authority appliance or device. Minimum clearance requirements for fire hydrants shall be in accordance with the city design and construction standards. 2. In no case shall any fence and/or hedge obstruct the visibility of any fire hydrant from a distance of 150 feet, in any direction, of vehicular approach to the hydrant. 3. In no case shall any fence and/or hedge be constructed or grown in a manner which interferes with access to storm or sanitary sewer manholes and other appurtenances which require access for maintenance purposes. F. Other than in the P-1, M-1 or M-2 zones, no fence may include the use of barbed wire; provided, that pasture areas a minimum of one acre in area may be fenced with barbed wire in any zone. Barbed wire may be attached to the top of and in addition to the height of a 72-inch fence in the above zones, provided it does not extend more than one additional foot in height. See ACC Section 8.12.060 for additional requirements for nuisances related to fences such as electric fences. G. Other than in the RC, R-1, C-3, M-1, M-2, BP, LF, or I zones, electrically charged fences are not permitted. Electrically charged fences within the RC, R-1, C-3, M-1, M-2, BP, LF, or I zones shall adhere to the following standards. 1. Within the RC and R-1 zones the electrical charge of an electric fence must be noncontinuous and the electric fence controller shall be approved by the Underwriter Laboratories (U.L.) or meet the testing standards of the Underwriter Laboratories. It is further provided that electric fences in the RC and R-1 zones which abut any public street or right-of-way shall include signs of not less than 30 square inches in size posted at least every 50 feet on the fence, stating that the fence is charged with electricity 2. Within the C-3, M-1, M-2, BP, LF, or I zones the construction and use of electric fences shall be allowed in the City only as provided in this section and subject to the following: a. Electrification: i. The energizer for electric fences must be drive by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger. ii. The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electro technical Commission (IEC) Standard No. 60335-2-76. b. Permit fence or wall: No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet. c. Location: Electric fences shall be permitted on any non-residential outdoor storage areas. d. Height: Electric fences shall not exceed 10 feet in height. e. Warning Signs: Electric fences shall be clearly identified with warning signs that read “Warning-Electric Fence” at intervals less than sixty feet. f. Electric fences shall be governed and regulated under burglar alarm regulations and permitted as such. GH. Any fence located within a front setback that features a locking gate or similar security device shall provide emergency access in a manner acceptable to the fire marshal. (Ord. 6245 § 15, 2009.)