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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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.)