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HomeMy WebLinkAbout04-01-2013 04.02.13 Planning Commission 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 April 2, 2013 AGENDA I. CALL TO ORDER – 7:00 p.m., Council Chambers II. APPROVAL OF MINUTES A. March 5, 2013 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 A. ZOA13-0001 – Amendment to Auburn City Code 8.12 and 18.31* (Tate) Summary: Proposed amendments to Auburn City Code Chapters 8.12 and 18.31 pertaining to electrically charged fences. 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. VII. ADJOURNMENT DRAFT PLANNING COMMISSION March 5, 2013 MINUTES I. CALL TO ORDER Chair Judi Roland called the meeting to order at 7:00 p.m. in the Council Chambers located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, W ashington. Planning Commission Members present were: Chair Judi Roland, Vice-Chair Copple, Commissioner Baggett, Commissioner Mason, Commissioner Peace, Commissioner Trout and Commissioner Ramey. Commissioner Ramey arrived after the approval of minutes at 7:03 p.m. Staff present included: Planning Manager Elizabeth Chamberlain, City Attorney Dan Heid and Planning and Development Secretary Tina Kriss. Members of the audience present: Scott Pondeleck and Kathy McConnell. II. APPROVAL OF MINUTES A. February 5, 2013 The Planning Commissioner requested the following change: Under Call to Order: • Change Commission Mason to Commissioner Mason. Commissioner Copple moved and Commissioner Baggett seconded to approve the minutes from the February 5, 2012 meeting as corrected. MOTION CARRIED UNANIMOUSLY 6-0 III. PUBLIC COMMENT Kathy McConnell is from Walla Walla, Washington. Ms. McConnell stated she spent some time walking around downtown Auburn and it appears to be very similar to Walla Walla. She complimented the City on the “dynamite” website but suggested that more about historic information be added. The City has so many lovely buildings on and around Main Street. As an effort to increase economic development for businesses, Ms McConnell suggested listing directly on the City’s website all available buildings or property for sale, lease or rent within the downtown area (not just those properties available through a broker) and including the square footage. Listing them on the website that could benefit small businesses. PLANNING COMMISSION MEETING MINUTES March 5, 2013 Page 2 IV. PLANNING DEPARTMENT REPORT Planning Manager Elizabeth Chamberlain invited the Commissioners to a Custom Short Course on Local Planning, Economic Development and Community Design hosted by the City of Fife, on Thursday, March 14, 2013. The Auburn High School District request for rezoning of properties for the Auburn High School reconstruction project; the River Mobile Estates rezoning; Purchase and Sale Agreement between the City of Auburn and River Mobile Estates; and the Interlocal Agreement between the City of Auburn, King County and the King County Flood Control Zone District (Reddington Levee Extension and Setback Project) were approved by the City Council February 19, 2013. Construction for the Auburn High School project has started, the official groundbreaking was held February 25, 2013. On Thursday, March 7, 2013 the code amendment related to off-premise residential real estate signs will go before the Planning and Community Development Committee for review. The recommendation is that the ordinance be extended for one additional year with the following provisions added: • Projects outside the city limits cannot be advertised within city limits. • If an applicant does not comply with the provisions or approvals, then that applicant may never utilize the program again for the current project or future projects. V. PUBLIC HEARING There were no public hearings scheduled. VI. OTHER BUSINESS A. Planning Commission Rules of Procedure Amendments Planning Manager Elizabeth Chamberlain reviewed the proposed amendments to the Rules of Procedures (last updated in February 2007). The Commission provided the following feedback on the proposed changes: • Under Election of Officers:  Number two; change the language to “The election of officers shall take place at the Commission’s regular meeting in January or the first meeting of the calendar year”.  Number three; remove the first sentence and clarify language that if the Chair is replaced the Vice Chair will take over (last sentence). • Verify if an ex official youth representative position should be established on the Planning Commission. • Under absence of members, review and clarify the language in ACC 2.30 for unexcused absences and keep three unexcused absences in the Rules and Procedures under number VII. Remove the last portion of the last sentence. Staff will make the changes and bring this back for the Commission to review. PLANNING COMMISSION MEETING MINUTES March 5, 2013 Page 3 B. Amendment to Auburn City Code Chapter 18.31, Supplemental Development Standards Planning Manager Elizabeth Chamberlain stated that the City of Auburn 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 (in 1957). In the cities of Renton, Kent, Puyallup and Sumner, electric fences are allowed. The City of Renton allows electric fences within certain zoning designations. Kent has specific standards for fencing and electric fences are not listed as a prohibited fence type. Puyallup and Sumner allow electric fences outright. Staff recommends the allowance of electric fences within specific zoning designations. The Planning Commission and staff reviewed the advancements in technology and discussed the battery voltage for electric fencing. The Planning Commission provided the following feedback: • Regulate the allowance of electric fences by zone • Require a pictorial warning sign for the allowance of electric fences • Review language to ensure that not only is a low 12 volt battery used but the amperage is low to ensure safety • Review the requirement of double fencing to balance cost and risk Next meeting will be held April 2, 2013. VII. ADJOURNMENT There being no further business to come before the Planning Commission, Chair Roland adjourned the meeting at 7:52 p.m. MEMORANDUM To: Planning Commission Members From: Jeff Tate, Planning and Development Director, Interim Date: March 22, 2013 Re: Electric Fences Background At the March 5, 2013 Planning Commission meeting Planning and Development Department staff presented a series of draft code amendments that, if adopted, would permit electrically charged fences in the City of Auburn subject to specific restrictions. During the meeting the Planning Commission advanced several inquiries regarding the concept. This memo intends to respond to those inquiries and to serve as the transmittal of the draft code amendments that are subject to a public hearing on April 2, 2013. Response to Planning Commission Inquiries 1. How does the ordinance affect invisible fences that are commonly used in residential areas to contain domestic pets? Response: The ordinance is not intended to regulate these types of fences. A modification has been made to the earlier draft that specifically exempts invisible fences from the requirements of ACC 18.31.020. 2. Are there safeguards for people performing routine maintenance near a charged fence, e.g. trimming weeds? Response: The property/building owner has the ability to disable the electric charge whenever they feel appropriate. As a matter of practice, electrically charged fences are generally disabled during daylight working hours when a site is most active. This practice will dramatically reduce the potential for accidental contact with a charged fence. Additionally, weed trimming equipment generally has plastic or rubber handles that will eliminate the likelihood of a person making contact via the weed trimmer. In the event contact is made, the charge is intended to provide a shock as opposed to inflicting bodily harm. Modern technology ensures that the extremely short duration of the shock does not result in harm. 3. Should there be a limitation on amps? Response: By design, a pulsed electrical device eliminates the need for the voltage/amp ratio. The pulsing nature of the device and the brief exposure to the electrical pulse (1 to 3/10,000 sec) is the failsafe. The devices are required to be tested and labeled by the State of Washington to adhere to IEC 60335-2-76. The adherence to this code section assures the safety of the device. 4. Is it burdensome and/or redundant to require two fences – one electric and one perimeter fence that is not electric? Response: Federal and State law already mandates this requirement. Additionally, conversations with professionals within the industry indicate that insurance carriers prefer that the non-charged fence be installed as a precautionary measure. 5. While the proposed code includes standards that require warning signs there should be a requirement that the signs should contain visual symbols so that non-english speaking individuals understand the meaning of the sign. Response: Additional code language has been added that adds this requirement. 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. These standards shall not apply to those invisible fences that are used to contain domestic pets. 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. Signs shall also contain imagery that allows non- english speaking individuals to understand that the fence is electrically charged, e.g. lightning bolts. 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.) 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: March 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 oblig ations. The Rules of Procedures were originally adopted in November 1983 and have been revised several times, most recently in February 2007. Staff made the requested changes the Planning Commission had and those were reviewed at the March 5, 2013 meeting. During that discussion, the Commission had some additional changes as follows: • Under Election of Officers – add the word “first” to section 2. • Under Election of Officers – clarify if the Chair or Vice-Chair elected for the year resign or removed from the position, how a new Chair and/or Vice-Chair are selected. • Under Absence of Members – change three meetings to two meetings in order to be consistent with Auburn City Code. Also strike the last part of the last sentence. Planning staff and the Legal Department have revised the Rules of Procedure (see the highlighted sections) based on the feedback provided by the Planning Commission at the March 5, 2013 meeting. At the April 2, 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 APRIL 2, 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 first 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 the Chair or Vice-Chair caused by the resignation or removal of the Chair or Vice-Chair 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 would be replaced by the Vice-Chair or the Vice-Chair would be elected by the vote of the Planning Commission. 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. Planning Commission – Rules of Procedure 3 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 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 Planning Commission – Rules of Procedure 4 a quorum, and a vote on a majority of those in attendance shall be sufficient to take action. VII. ABSENCE OF MEMBERS: In the event of a member being absent for three two (32) 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. Planning Commission – Rules of Procedure 5 2. Approval of Minutes. 3. Public Comment 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 Planning Commission – Rules of Procedure 6 and voting on a question because of a stated conflict of interest or appearance of fairness. 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 Planning Commission – Rules of Procedure 7 approve the staff recommendations shall be deemed to 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.