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HomeMy WebLinkAbout06-18-2013 PLANNING COMMISSION AGENDAThe 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 June 18, 2013 SPECIAL WORK SESSION AND SPECIAL MEETING AGENDA SPECIAL WORK SESSION – 6:30 - 7:00 p.m., Council Chambers I. Amendments to Title 15 of the Auburn City Code (The Building Code) – Case No. ZOA13-0002* (Tate) Staff: Jeff Tate, Interim Planning Director Summary: The proposal amendments to Title 15 of the Auburn City Code are required in order to implement the Washington State Building Code Council’s decision to accept the 2012 International Building Codes as well as the subsequent Washington State amendments. Title 15 of the Auburn City Code includes several chapters that constitute the City’s local building code. The City of Auburn is not proposing to further amend the 2012 International Building Codes and/or Washington State Amendments, however the City’s code requires amendments that currently reference the 2009 building codes. The effective date of the State Building Code Council’s action is July 1, 2013. II. ADJOURNMENT SPECIAL MEETING – 7:00 p.m., Council Chambers I. CALL TO ORDER II. ROLL CALL/ESTABLISHMENT OF QUORUM 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. Amendments to Title 15 of the Auburn City Code (The Building Code) – Case No. ZOA13-0002* (Tate) Summary: The proposal amendments to Title 15 of the Auburn City Code are required in order to implement the Washington State Building Code Council’s decision to accept the 2012 International Building Codes as well as the subsequent Washington State amendments. Title 15 of the Auburn City Code includes several chapters that constitute the City’s local building code. The City of Auburn is not proposing to further amend the 2012 International Building Codes and/or Washington State Amendments, however the City’s code requires amendments that currently 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. reference the 2009 building codes. The effective date of the State Building Code Council’s action is July 1, 2013. B. Amendment to Auburn City Code – Case No. ZOA13-0003* (Chamberlain) Summary: The proposal amends Title 18, Zoning, of the Auburn City Code related to Section 18.04.360, amending the definition of “Family”. VI. ADJOURNMENT Memorandum TO: City of Auburn Planning Commission FROM: Jeff Tate, Interim Director of Planning and Development Tom Ushing, Building Official DATE: June 12, 2013 RE: 2012 International Building Codes – Amendments to Title 15 of the Auburn City Code (City of Auburn Building Code) Summary Every 3 years the International Code Council updates all volumes of the International Building Code which includes the International Residential Code, International Plumbing and Mechanical Codes, International Fire Code, and International Property Maintenance Codes. Pursuant to Chapter 19.27 RCW, the Washington State Building Code Council is provided the authority to amend and adopt the International Code series which then becomes the state building code under which all jurisdictions are required to implement. Once the State Building Code Council releases its amendments local jurisdictions have an opportunity to make local amendments provided they are more restrictive than the International Codes and/or the State amendments (RCW 19.27.040). Title 15 of the Auburn City Code includes a number of Chapters that make up the City's building code. During the last half of 2012 the International Code Council released the 2012 International Code series which replaced the 2009 codes. During the first half of 2013 the State Building Code Council evaluated the 2012 codes and developed a series of amendments that were released at the beginning of May 2013. Pursuant to RCW 19.27.074 the 2012 International Codes and State amendments become effective statewide on July 1, 2013. During the first half of 2013 staff from the City of Auburn Building Division and the Valley Regional Fire Authority have convened several meetings to evaluate and discuss the 2012 International Codes with the intent of debriefing on the effectiveness and operability of the City of Auburn's building and fire codes. After the collaborative review of the modifications to the International Codes and the subsequent State amendments, both agencies believe that the local City code requires only minor amendments. Those amendments will be presented to the Planning Commission at the June 18, 2013 work session that is followed by a public hearing. Staff’s suggested City Code amendments will focus on technical corrections (e.g. updating a City Code that currently references the 2009 International codes to the 2012 codes), and administrative clarifications (e.g. providing clarity on how a permit’s expiration date can be extended further into the future). Staff has been in continuous communication with customers at the Permit Center so that they are aware of the impending change in code. Additionally, Planning and Development has discussed and begun implementing plans that ensure builders do not experience an interruption in their production. For example, in certain subdivisions we have coordinated with builders to make sure that they submit all of their permit applications prior to July 1, 2013 so that they vest to the 2009 codes. This not only benefits the builder it benefits the City’s inspection staff who do not have to keep track of which houses within a single subdivision they are inspecting under the 2009 code and those that they are inspecting under the 2012 code. In other subdivisions that still have a significant inventory that has yet to be built up, we are encouraging the builders to submit applications for enough product that would get them through the end of the year. Because it is the submittal date, as opposed to the issuance date, that will vest a permit the builder has the ability to submit a bundle of applications on June 30th and pick up their permits as they need them over the course of the second half of the year. Attachments Attachment A of this memo provides an overview of what staff believes to be the more significant differences between the 2009 and 2012 International Codes. There are hundreds of amendments, however most of them pertain to formatting, clarifications, and reorganization. Attachment B provides a summary of the more significant Washington State Amendments. Attachment C provides the table of contents of Title 15 of the Auburn City Code (Auburn's Building Code) as a frame of reference for subjects that are covered in the City’s local code. ATTACHMENT A (Summary of International Building Code Amendments) 2012 Residential Code change 2009 Code Updated 2012 Code Fences up to 6 ft. in height do not require a permit Fences up to 7 ft. in height do not require a permit Self-closing doors not required between house and garage (however, had been required prior to 2009 code) Self-closing doors are required between house and garage Glazing adjacent to stairs/ramps requires safety glass when 60 inches above or in front of walking surface Glazing adjacent to stairs/ramps requires safety glass when 36 inches above or in front of walking surface Smoke detectors must be hardwired and interconnected with a battery back up. Smoke detectors may be interconnected with wireless system, but must still have battery back up. Carbon monoxide detector must be hardwired and interconnected with a battery back up. Carbon monoxide detector may be interconnected with a wireless system, but must still have battery back up. Emergency escape window - maximum 44" from finished floor to the sill. Emergency escape window - maximum 44" from finished floor to bottom of opening. The 2009 Lateral bracing was difficult to navigate Prescriptive lateral bracing has been revised so that it is easier to understand. Glazing in bathrooms required safety glass in the bath tub/shower enclosure only. Glazing in bathrooms requires safety glass within 60" up or 60" around any wet area (e.g. shower, tub, etc.) 2012 International Building Code Changes 2009 Code Updated 2012 Code Occupancy group classifications for casinos were not mentioned Occupancy group classification for a casino is now an A-2 ( assembly building) This is a new code Item Children’s play areas inside all occupancies that are over 10’ high and over 150 square feet shall be a part of the 2012 IBC. 424 The identified lettering was changed from 1/2" a minimum 3” lettering. Fire and smoke protected wall/ barriers shall be permanently identified in the concealed spaces every 30’ with a minimum 3” lettering. Voids in the exterior curtain wall/ floor intersections are required to be sealed with an approved material. Voids in the exterior curtain wall/ floor intersections are required to be sealed with the same rating as the floor assembly. Fire sprinklers required for occupancies of greater than 12,000 square feet without consideration of the contents being stored. Fire sprinklers shall be required to be installed in furniture or mattress manufacturing or storage buildings that exceed 2,500 square feet. And stores that display and sell furniture or mattress exceeding 5,000 square feet. This is the results of the fires in furniture/ mattress stores warehouses and factories in the south and California ATTACHMENT B (Summary of Washington State Amendments) Washington State Amendments 2012 International Code Requirement 2012 State Amendment Automatic Fire Sprinklers. Required in all residential dwellings and garages. Automatic Fire Sprinkler Systems. This section is not adopted and therefore not required. Minimum ventilation performance. Dwelling units shall be equipped with local exhaust and whole house ventilation systems designed and installed as specified in Section M1507. Minimum ventilation performance. WAC exception: Additions with less than 500 square feet of conditioned floor area are exempt from the requirements in this code for Whole House Ventilation Systems Openings for under-floor ventilation. Required openings shall be evenly placed to provide cross ventilation of the space. Openings for under-floor ventilation. WAC exception: One side of the building shall be permitted to have no ventilation openings Not addressed Freezing Protection. All hot and cold water pipes installed outside the conditioned space shall be insulated to a minimum R-4. ATTACHMENT C (Table of Contents for City of Auburn Building Code) Title 15 BUILDINGS AND CONSTRUCTION Chapters: 15.04 General Provisions 15.06 International Codes 15.07 Construction Administrative Code 15.08 Repealed 15.08A Building Code 15.12 Repealed 15.16 Dangerous Buildings Code 15.28 Electrical Code 15.32 Sign Code 15.36 Repealed 15.36A Fire Code 15.38 Repealed 15.38A Fire Protection Requirements 15.40 Smoke Detectors 15.48 Moving Buildings 15.52 Building Numbering 15.56 Alarm Systems 15.64 Swimming Pools 15.68 Flood Hazard Areas 15.72 Repealed 15.74 Land Clearing, Filling and Grading 15.76 Historic Preservation Development Regulation Amendment – 2012 International Building Code – ZOA13-0002 Staff Report June 12, 2013 Page 1 Development Regulation Code Amendment 2012 International Building Code ZOA13-0002 Staff Report to the Planning Commission I. GENERAL INFORMATION: Application Date: June 1, 2013 Planning Commission Hearing Date: June 18, 2013 Applicant: City of Auburn Property Owner: N/A Project Description: Title 15 Amendments to reflect the Washington State Building Code Council’s acceptance of the 2012 International Building Codes and subsequent statewide amendments. Proposed Location: Citywide Parcel Number: N/A II. SEPA STATUS: On June 3, 2013 the City of Auburn SEPA Responsible Official issued an environmental Determination of Non-Significance pertaining to the proposed Title 15 code amendments. The deadline for submitting public comments is 5:00 pm on June 17, 2013. III. FINDINGS OF FACT: 1. Pursuant to RCW 19.27 RCW the State of Washington has designated the International Building Codes as the statewide building code. 2. Pursuant to RCW 19.27 RCW the Washington State Building Code Council is delegated with the authority to create, adopt and implement statewide amendments to the International Building Codes. 3. Pursuant to RCW 19.27 RCW local jurisdictions are granted authority to make further amendments to the building code provided that amendments do not make the building code less restrictive than the International Building Codes. 4. The International Building Codes are updated on a 3 year cycle. Washington State and the City of Auburn are currently operating under the 2009 International Building Codes. 5. The Washington State Building Code Council has accepted the 2012 International Building Codes as the statewide building code. 6. The State Building Code Council has made statewide amendments. 7. The statewide effective date of the 2012 International Building Codes and amendments is July 1, 2013. Development Regulation Amendment – 2012 International Building Code – ZOA13-0002 Staff Report June 12, 2013 Page 8. Title 15 of the Auburn City Code contains standards that implement the 2009 International Building Codes. 9. It is necessary to update Title 15 of the Auburn City Code so that it properly references the 2012 International Building Codes. 10. The proposed amendments to Title 15 are limited to corrections and procedural aspects of the City’s local building code. None of the proposed amendments affect substantive building code standards. 11. On June 4, 2013 a notice of Planning Commission public hearing was published in the Seattle Times. 12. On June 6, 2013 the City of Auburn submitted submitted a request to the Washington State Department of Commerce to proceed with a 10 day expedited review of the proposed amendments. This request to expedite their typical 60 day review was requested because the Washington State Building Code Council did not make their final decision until the middle of May 2013 and the statewide effective date of the 2012 International Building Code is July 1, 2013. IV. CONCLUSIONS: 1. The City of Auburn met with the Valley Regional Fire Authority for the purposes of evaluating existing building code standards and determine whether additional local code amendments were necessary. Both agencies determined that the existing code standards are working well and that no additional code changes were necessary. 2. The proposed amendments to Title 15 ACC focus on the following: a. Technical amendments that change code references from the 2009 International Codes to the 2012 International Codes. b. Inclusion of an administrative provision that authorizes the Building Official to add a surcharge to work performed without first obtaining a permit. c. Clarification of the provisions that are applied when the Building Official receives a request for a permit refund. d. Inclusion of a statement that authorizes the Building Official to consider the condition of adjacent public sidewalks, streets, landscaping and utilities when performing final inspection of a building. V. STAFF RECOMMENDATION/DECISION That the Planning Commission recommends to City Council that the draft amendments to Title 15 be adopted by Ordinance. VI. EXHIBITS • Exhibit A – Chapters 15.04, 15.06, 15.07, 15.08A, 15.36A, 15.38A, and 15.40 of Auburn City Code Staff Report Prepared by Jeff Tate, Interim Director of Planning and Development Chapter 15.04 GENERAL PROVISIONS Sections: 15.04.010 Purpose. 15.04.030 Administration and enforcement. 15.04.040 Forms and notices. 15.04.050 Repealed. 15.04.060 Constitutionality or invalidity. 15.04.070 Conflicting ordinances. 15.04.080 Violation – Penalty. 15.04.090 Enforcement. 15.04.010 Purpose. In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for promotion of the safeguarding of life or limb, health, property and public welfare. (Ord. 2856 § 2, 1974; 1957 code § 2.01.010.) 15.04.030 Administration and enforcement. The Washington State Building Code Act provides for the administration and enforcement of this title by the city within its corporate limits. (Ord. 2856 § 2, 1974; 1957 code § 2.01.040.) 15.04.040 Forms and notices. All forms and notices required for the administration of the State Building Code Act shall be furnished by the city. (Ord. 2856 § 2, 1974; 1957 code § 2.01.050.) 15.04.050 Administrative officials. Repealed by Ord. 5874. (Ord. 2856 § 2, 1974; 1957 code § 2.01.060.) 15.04.060 Constitutionality or invalidity. If any section, subsection, clause or phrase of this title is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of this title, and each section, subsection, sentence, clause or phrase of this title would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases were declared invalid or unconstitutional. (Ord. 3288 § 4, 1978.) 15.04.070 Conflicting ordinances. All ordinances or parts of ordinances in conflict with this title are repealed, except that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this title. (Ord. 3288 § 5, 1978.) 15.04.080 Violation – Penalty. Unless another penalty is expressly provided by law, any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 4502 § 14, 1991; Ord. 3609 § 4, 1981.) 15.04.090 Enforcement. Pursuant to ACC 15.07.030 and 15.07.040 the building official is authorized to enforce the provisions of this title. Recognizing the authority and responsibility vested in the director under the codes adopted by this title, the building official is authorized to promulgate such rules, policies and/or procedures as deemed necessary to carry out the intent of this title and provide for the efficient operation of the permit process as it may be administered by the building official and staff. In so doing, the building official may, from time to time, and notwithstanding other provisions of this title: A. Record with the county auditor’s office notices of building permit and/or land use compliance related activity regarding a specific site, which, after reasonable efforts in working with a property owner, is not brought into conformance with the provisions of this title, or notices and orders as called for under the dangerous buildings code; and/or B. Call upon the Auburn police chief to assist in the enforcement of this title. The chief or his designee is authorized to issue criminal citations for violations of this title when criminal sanctions are appropriate under the Auburn City Code. (Ord. 5874 § 2, 2004.) Chapter 15.06 INTERNATIONAL CODES1 Sections: 15.06.010 International codes adopted. 15.06.020 Conflicts between codes. 15.06.030 Repealed. 15.06.040 Penalties and enforcement. 15.06.050 Documents to be filed and available for public inspection. 15.06.010 International codes adopted. There is adopted by reference, upon the effective date of the ordinance codified in this chapter and upon filing with the city clerk one copy thereof, the following described chapters of the Washington Administrative Code, International Codes and standards, and Uniform Plumbing Code and standards together with appendix chapters, amendments, deletions and additions as set forth in this section or in the appropriate chapters in this code. A. The 20092012 Edition of the International Building Code, as adopted and hereafter amended by the State Building Code Council in Chapter 51-50 WAC, as published by the International Code Council, is adopted by reference with amendments, deletions and additions thereto as provided in Chapter 15.08A ACC, Building Code. B. International Residential Code Adopted. The 20092012 Edition of the International Residential Code, as adopted and hereafter amended by the State Building Code Council in Chapter 51-51 WAC, as published by the International Code Council, Chapter 11, “Energy Efficiency,” and Chapters 25 through 42, “Plumbing and Electrical,” is adopted with the following amendments: 1. Appendix Chapter G, “Swimming Pools, Spas and Hot Tubs,” is hereby adopted. C. International Mechanical Code Adopted. The 20092012 Edition of the International Mechanical Code, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, as published by the International Code Council, is adopted. D. International Fire Code Adopted. The 20092012 Edition of the International Fire Code, as adopted and hereafter amended by the State Building Code Council in Chapter 51-54 WAC, as published by the International Code Council by reference with amendments, deletions and additions thereto as provided in Chapter 15.36A ACC, Fire Code. E. National Fuel Gas Code (NFPA 54) Adopted. The 20092012 Edition of ANSI Z223.1/ NFPA 54 National Fuel Gas Code, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, as published by NFPA, is adopted. F. Liquefied Petroleum Gas Code (NFPA 58) Adopted. The 20042012 Edition of the Liquefied Petroleum Gas Code, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, as published by NFPA, is adopted. G. International Fuel Gas Code Adopted. The 20092012 Edition of the International Fuel Gas Code, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, as published by the International Code Council, is adopted. H. Uniform Plumbing Code Adopted. The 2009 Edition of the Uniform Plumbing Code, as adopted and hereafter amended by the State Building Code Council in Chapters 51- 56 and 51-57 WAC, as published by the International Code Council, Chapter 12, “Fuel Piping,” Chapter 15, “Firestop Protection,” and those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel-fired appliances as found in Chapter 5 and those portions of the code addressing building sewers, is adopted with the following amendments: 1. Appendix Chapter A, “Recommended Rules for Sizing the Water Supply System”; and 2. Appendix Chapter B, “Explanatory Notes on Combination Waste and Vent Systems”; and 3. Appendix Chapter I, “Installation Standards”; and 4. Appendix Chapter H, “Grease Interceptors”; and 5. Appendix Chapter L, “Alternate Plumbing Systems,” excluding Sections L5 through L7 and “Lawn Sprinkler Head” from Table 6-4 of Appendix L, are hereby adopted. I. Washington State Energy Code Adopted. The Washington State Energy Code, as adopted and hereafter amended by the State Building Code Council in Chapter 51-11 WAC, is adopted. J. International Property Management Code Adopted. The 20092012 Edition of the International Property Management Code, as published by the International Code Council, excluding Chapter 1, Section 111, “Means of Appeal,” is hereby adopted. (Ord. 6310 § 1, 2010; Ord. 6104 § 1, 2007; Ord. 5874 § 3, 2004; Ord. 5184 § 2, 1998; Ord. 4754 § 2, 1995; Ord. 4566 § 5 (Exh. A), 1992.) 15.06.020 Conflicts between codes. In case of conflict between codes enumerated in ACC 15.06.010(A) through (J), the first named code shall govern over those following; except where, in any specific case, different sections of these codes specify different materials, methods of construction or other requirements, the most restrictive shall govern; and where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (Ord. 5874 § 3, 2004; Ord. 5184 § 2, 1998; Ord. 4754 § 2, 1995; Ord. 4566 § 5 (Exh. A), 1992.) 15.06.030 Exceptions. Repealed by Ord. 5874. (Ord. 5184 § 2, 1998; Ord. 4754 § 2, 1995; Ord. 4566 § 5 (Exh. A), 1992.) 15.06.040 Penalties and enforcement. A. Unless specifically directed or assigned otherwise, violations of or failures to comply with any of the codes adopted by this chapter shall be prosecutable in the Auburn municipal court. B. Unless a different city penalty is specifically provided for a violation of or failure to comply with any of the codes adopted by this chapter, violations of and failures to comply with the requirements of the codes adopted by this chapter shall constitute offenses of the same description, class and category of offense as is indicated in the adopted code. The penalty for any such offense identified or identifiable as a misdemeanor for which no penalty is specifically provided shall be punishable by imprisonment in the appropriate city or county jail for a period of up to 90 days and a fine of up to $1,000, or by both such fine and imprisonment. The penalty for any such offense identified or identifiable as a gross misdemeanor for which no penalty is specifically provided shall be punishable by imprisonment in the appropriate city or county jail for a period of up to one year and a fine of up to $5,000, or by both such fine and imprisonment. The penalty for any such offense identified or identifiable as an infraction for which no penalty is specifically provided shall be punishable in accordance with ACC 1.25.050. C. The penalty provisions hereof are in addition to other enforcement and remedy provisions of the codes adopted by this chapter and of the chapters of this title. (Ord. 5874 § 3, 2004; Ord. 5683 § 38, 2002.) 15.06.050 Documents to be filed and available for public inspection. The codes, appendices, and standards set forth in this chapter shall be filed with the city clerk and a copy made available for use and examination by the public, pursuant to RCW 35A.12.140. (Ord. 5874 § 3, 2004.) Chapter 15.07 CONSTRUCTION ADMINISTRATIVE CODE Sections: 15.07.010 General. 15.07.020 Applicability. 15.07.030 Enforcement agency. 15.07.040 Repealed. 15.07.050 Permits. 15.07.060 Use of consultants. 15.07.070 Repealed. 15.07.080 Fees. 15.07.090 Inspections. 15.07.100 Certificate of occupancy. 15.07.110 Maintenance. 15.07.120 Repealed. 15.07.130 Appeals – Hearing examiner. 15.07.140 Repealed. 15.07.150 Repealed. 15.07.160 Unsafe structures and equipment. 15.07.010 General. A. Title. These regulations shall be known as the Construction Administrative Code of the city of Auburn. B. Scope. The provisions of this code shall apply to the administration of the technical codes as adopted by the state of Washington and as listed: a. 2009 2012 International Building Code – Chapter 51-50 WAC; b. 2009 2012 International Residential Code – Chapter 51-51 WAC; c. 2009 2012 International Mechanical Code – Chapter 51-52 WAC; d. 2012 National Fuel Gas Code (NFPA 54) – Chapter 51-52 WAC; e. 2012 Liquefied Petroleum Gas Code (NFPA 58) – Chapter 51-52 WAC; f. 2009 2012 International Fuel Gas Code – Chapter 51-52 WAC; g. 2009 2012 International Fire Code – Chapter 51-54 WAC; h. 2009 2012 Uniform Plumbing Code – Chapters 51-56 and 51-57 WAC; i. 2009 2010 National Electrical Code (NEC) – Chapters 19.28 RCW and 296-46B WAC. j. 2012 International Green Construction Code. The mandatory measures of this code will be used if the applicant opts to use green construction technology. 2. Exceptions. The provisions of this code shall not apply to work located primarily in a public way, public utility towers and poles and hydraulic flood control structures. 3. Definitions. For the purpose of this chapter, certain terms, phrases, words and their derivatives shall have the meanings set forth in this subsection. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third International Dictionary of the English Language, Unabridged latest edition, shall be considered as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine; provided, that any reference to “fire department” in this title or the codes adopted hereunder shall be understood to include the Valley Regional Fire Authority. (Ord. 6310 § 2, 2010; Ord. 6104 § 2, 2007; Ord. 5874 § 4(101), 2004.) 15.07.020 Applicability. A. General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern except that the hierarchy of the codes named in Chapter 19.27 RCW shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. B. Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. C. Application of References. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. D. Referenced Codes and Standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. E. Partial Invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. (Ord. 6310 § 3, 2010; Ord. 6104 § 3, 2007; Ord. 5874 § 4(102), 2004.) 15.07.030 Enforcement agency. Section 103 of Chapter 1 of the 2010 International Building Code is hereby amended to read: A. Section 103.1 Creation of enforcement agency. The Planning and Development Department, Building Division is hereby created and the official in charge thereof shall be known as the building official. A. Building Official. The official in charge of the building division shall be known as the building official. (Ord. 5874 § 4(103), 2004.) 15.07.040 Duties and powers of code officials. Repealed by Ord. 6310. (Ord. 5874 § 4(104), 2004.) 15.07.050 Permits. A. Application for Permit. Applicants shall file an application in writing on a form furnished by the building department for that purpose. Applications determined by the building official to be in compliance with this section shall be deemed as complete. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in this code. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant’s authorized agent. 7. Give such other data and information as required by the building official. 8. In addition to information in subsections (A)(1) through (7) of this section, applications for permits governing construction projects costing $5,000 or more shall also contain the following information: a. The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, and the street address if available, and may include any other identification of the construction site by the prime contractor; b. The property owner’s name, address, and phone number; c. The prime contractor’s business name, address, phone number, current state contractor registration number; and d. Either: i. The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or ii. The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than 50 percent of the total amount of the construction project; e. The information required on the building permit application by subsection (A)(8)(a) through (d) of this section shall be set forth on the building permit document which is issued to the owner, and on the inspection record card which shall be posted at the construction site; f. The information required by subsection (A)(8) of this section and information supplied by the applicant after the permit is issued under subsection (A)(8)(g) of this section shall be kept on record in the office where building permits are issued and made available to any person on request. If a copy is requested, a reasonable charge may be made; g. If any of the information required by subsection (A)(8) of this section is not available at the time the application is submitted, the applicant shall note what information is not available. The unavailability of that information shall not cause the application to be deemed incomplete for the purposes of vesting under this section. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information. (Ord. 6310 § 4, 2010; Ord. 6266 § 1, 2009; Ord. 6104 § 4, 2007; Ord. 5874 § 4(105), 2004.) 15.07.060 Use of consultants. Whenever review of a building permit application requires retention by this jurisdiction for professional consulting services, the applicant shall reimburse this jurisdiction the cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. This jurisdiction may require the applicant to deposit an amount with this jurisdiction estimated in the discretion of the building official to be sufficient to cover anticipated costs to retaining professional consultant services and to ensure reimbursement for such costs. (Ord. 6310 § 5, 2010; Ord. 5874 § 4(106), 2004.) 15.07.070 Temporary structures and uses. Repealed by Ord. 6310. (Ord. 5874 § 4(107), 2004.) 15.07.080 Fees. A. Work Performed Without A Permit 1. An investigation fee, in addition to the permit fee, may be collected. The investigation fee shall be equal to either the amount of the permit fee required by this code or the cost of the labor to perform the investigation. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. BA. Plan Review Fees. 1. When submittal documents are required by ACC 15.07.050, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The building official and/or the fire code official may have the option to charge a deposit in lieu of the full plan review fee, if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The actual permit fees and related plan review fee shall be determined upon completion of the plan review and the balance owing shall be paid at the time of permit issuance. The plan review fee shall be a separate fee from the permit fees specified in this section and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in IBC Section 107.3.4.2, an additional plan review fee shall be charged at the rate shown in the fee code established by the jurisdiction. 2. Registered Plan Program. When plans are submitted under the jurisdiction’s “registered plan program,” a plan review fee shall be paid at the time of application for a registered plan. The building official may have the option to charge a partial deposit, in lieu of the full plan review fee. All portions of fees paid as a deposit amount shall be applied to the total plan review fees owed. The applicant shall be required to pay the balance of amount owed for the plan review. Valuations used to compute the permit fees shall include all options submitted with a registered plan. When a registered plan consists of a number of plan options that can produce any number of similar but different buildings, the building official may charge plan review fees based on each different building configuration. Plan review fees shall be paid for at the time of application for a building permit. The building official may have the option to charge a partial deposit, in lieu of the full plan review fee. All portions of fees paid as a deposit amount shall be applied to the total plan review fees owed. The applicant shall be required to pay the balance of the amount owed for the plan review. The plan review fees specified in this subsection are separate fees from the permit fees specified in the fee code, and are in addition to the permit fees. B. Performance Bonds. Prior to the issuance of a demolition permit, the applicant or agent shall post a cash bond with the building department in the amount of $300.00, which sum shall be refundable upon inspection and final approval. However, if a permanent bond is on file with the finance director, the applicant or agent shall post a cash bond in the amount of $200.00. C. Refunds 1. Before Permit Issuance: The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of application. 2. After Permit Issuance: The building official may authorize refunding of any fee paid hereunder, which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code except that no refunds will be processed for permits 360 days from date of expiration where no work has been done. 15.07.090 Inspections. The city will conduct inspections as prescribed in the latest adopted copy of the International Building Code with the exceptions as noted below: A. IMC/UPC/GAS/NEC Rough-In Inspection. Rough-in mechanical, gas piping, plumbing and electrical shall be inspected when the rough-in work is complete and under test. No connections to primary utilities shall be made until the rough-in work is inspected and approved. B. Flashing and Exterior Weather Barrier Inspection. Flashing and exterior weather barrier inspections shall be made after all materials have been installed, but prior to any of the work being covered. C. Energy Efficiency Inspection. 1. Envelope. a. Wall Insulation Inspection. To be made after all wall insulation and air vapor retarder sheet or film materials are in place, but before any wall covering is placed. b. Glazing Inspection. To be made after glazing materials are installed in the building. c. Exterior Roofing Insulation. To be made after the installation of the roof insulation, but before concealment. d. Slab/Floor Insulation. To be made after the installation of the slab/floor insulation, but before concealment. D. Special Inspections. In addition to the inspections specified above, the building official is authorized to make or require special inspections above the requirements as stated in Chapter 17 for any type of work related to the technical codes by an approved agency at no cost to the jurisdiction. (Ord. 6310 § 7, 2010; Ord. 6104 § 6, 2007; Ord. 5874 § 4(109), 2004.) 15.07.100 Certificate of Occupancy Section 111 of Chapter 1 of the 2012 Building Code is hereby amended to read: A. EXCEPTION: Certificates of occupancy are not required for work exempt from permits under Section 105.2 or for R-3 and U occupancies. B. The Building Official is authorized under ACC 12.66.080 to evaluate the condition of public improvements that service and/or are adjacent to the lot upon which the building has been constructed. If the building activity has damaged adjacent public sidewalks, landscaping, streets or utilities the Building Official is authorized to withhold final inspection approval until the facilities are corrected. The Building Official with the City Engineer approval may accept a guarantee of repair under special circumstances as determind the city. 15.07.110 Maintenance. A. Maintenance of Safeguards. Whenever or wherever any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of this code, or otherwise installed, such device, equipment, system, condition, arrangement, level of protection, or other feature shall thereafter be continuously maintained in accordance with this code and applicable referenced standards. Such device, equipment, system, condition, arrangement, level of protection, or any other feature shall be maintained in accordance with IFC Sections 107.1 through 107.6. (Ord. 5874 § 4(111), 2004.) 15.07.120 Service utilities. Repealed by Ord. 6310. (Ord. 5874 § 4(112), 2004.) 15.07.130 Appeals – Hearing examiner. In order to hear and decide appeals of orders, decisions or determinations made by the building official or fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of the city of Auburn’s appointed hearing examiner. A. Appeal to Hearing Examiner. 1. Appointment and Term. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, except as provided in Chapter 70.92 RCW, a hearing examiner shall be appointed by the mayor as provided elsewhere in this code. 2. Duties. The examiner shall conduct an appeal hearing as provided herein, enter findings of fact and conclusions of law based upon those facts and a decision which is final action subject to appeal as provided herein. 3. Conflict of Interest. The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with his decision-making process. Any actual or potential conflict of interest shall be disclosed by the hearing examiner to the parties immediately upon discovery of such conflict. Participants in the hearing process have the right, insofar as possible, to have the examiner free from personal interest or pre-hearing contacts on issues considered by him/her. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or pre-hearing interest contact impairs the examiner’s ability to act on the matter, the hearing examiner shall state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said examiner. If all parties do not agree and the hearing examiner must abstain, the mayor shall be notified and the mayor shall appoint a hearing examiner pro tem to sit in the hearing examiner’s stead. 4. Freedom from Improper Influence. No council member, city official, or any other person shall attempt to interfere with or improperly influence the examiner or examiner pro tempore in the performance of his/her designated duties. 5. Duties of the Examiner – Applications and Decisions. For cases and actions as prescribed by ordinance, the examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact, conclusions based upon those facts, and a decision. As provided herein, such decision is final action subject to appeal as provided herein. 6. Application of Appeal and Filing Fee. a. Form of Appeal. Any person receiving a decision or determination made by the building official relative to the application and interpretation of this code may appeal such determination or decision under this code by paying the filing fee as set forth in the city of Auburn fee schedule and filing at the office of the building official a written application of appeal containing: i. A heading in the words: “Before the Hearing Examiner of the City of Auburn.” ii. A caption reading: “Appeal of Building Official or Fire Code Official Decision or Determination,” giving the names of all appellants participating in the appeal. iii. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the determination or decision. iv. A brief statement in ordinary and concise language of the specific action protested, together with any material facts claimed to support the contentions of the appellant. v. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested action should be reversed, modified or otherwise set aside. vi. The signatures of all parties named as appellants and their official mailing addresses. vii. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. 7. Processing Application of Appeal. Upon receipt of any application of appeal filed pursuant to this section together with the filing fee in the amount as set forth in the city of Auburn fee schedule, the building official or fire code official shall, within two working days of receipt of an application, determine whether the application is complete. If complete, the application shall be accepted. If not complete, the building official or fire code official shall request that the applicant provide additional information as necessary to complete the application. The applicant shall be advised of the date of acceptance of the application. 8. Scheduling and Noticing Appeal for Hearing. As soon as practicable after acceptance of the written application of appeal, the examiner shall fix a date, time and place for the hearing of the appeal. Such date shall be not less than 10 days nor more than 90 days from the date the application of appeal was filed with the building official or fire code official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the examiner either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. 9. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with provisions of this section shall constitute a waiver of any right to an administrative hearing and adjudication of the building official’s or fire code official’s decisions or determinations. 10. Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. 11. Hearing Procedures. a. Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the examiner. b. Reporting. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the examiner, but shall in no event be greater than the cost involved. c. Continuances. The examiner may grant continuances for good cause shown. d. Oaths – Certification. In any proceedings under this section, the examiner has the power to administer oaths and affirmations and to certify to official acts. e. Reasonable Dispatch. The examiner shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. f. Notice of Hearing. The notice to appellant shall be substantially in the following form, but may include other information: “You are hereby notified that a hearing will be held before (name of hearing examiner) at _________________ on the ___ day of _______, 20__ at the hour of ____, upon the notice and order served upon you. You may be present at the hearing. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (name of hearing examiner).” g. Subpoenas. i. The examiner may issue subpoenas for the attendance of witnesses or the production of other evidence at a hearing upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his possession or under his control. A subpoena need not be issued when the affidavit is defective in any particular. ii. Penalties. Any person who refuses without lawful excuse to attend any hearing or to produce material evidence in his possession or under his control as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor punishable as provided in ACC 1.24.010. h. Conduct of Hearing. i. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. ii. Oral Evidence. Oral evidence shall be taken only on oath or affirmation. iii. Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. iv. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. v. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. vi. Rights of Parties. Each party shall have these rights among others: (A) To call and examine witnesses on any matter relevant to the issues of the hearing; (B) To introduce documentary and physical evidence; (C) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; (D) To impeach any witness regardless of which party first called him to testify; (E) To rebut the evidence against him; (F) To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so. vii. Official Notice. (A) What May Be Noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or official records of departments and ordinances of the city. (B) Parties to Be Notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto. (C) Opportunity to Refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the official noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the hearing examiner. (D) Inspection of the Premises. The hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing; provided, that (1) notice of such inspection shall be given to the parties before the inspection is made, (2) the parties are given an opportunity to be present during the inspection, and (3) or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the hearing examiner. viii. Limitation of Testimony. The examiner has the right to limit the time a witness may testify. 12. Form and Effective Date of Decision. The decision shall be in writing and shall contain findings of fact, conclusions of law, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent to him by certified mail, postage prepaid, return receipt requested. The effective date of the decision shall be as stated therein. 13. Rights Granted – Right to Appeal. Nothing in this section shall be construed as granting any right of judicial review which does not previously exist in law. The decision of the examiner or examiner pro tem shall be final and exclusive. A writ of review must be sought in the superior court of King or Pierce County, if at all, by an aggrieved party or person. 14. Limitations of Authority. The examiner shall have no authority relative to interpretation of the administrative provisions of this code or the technical codes nor shall the examiner be empowered to waive requirements of this code or the technical codes. (Ord. 6104 § 7, 2007; Ord. 5874 § 4, 2004.) 15.07.140 Violations. Repealed by Ord. 6310. (Ord. 5874 § 4(114), 2004.) 15.07.150 Stop work order. Repealed by Ord. 6310. (Ord. 5874 § 4(115), 2004.) 15.07.160 Unsafe structures and equipment. A. Evacuation. The fire code official or the building official in charge of an incident shall be authorized to order the immediate evacuation of any occupied building deemed unsafe when such building has hazardous conditions that present imminent danger to building occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or re-enter until authorized to do so by the fire code official or the building official in charge of the incident. (Ord. 6310 § 9, 2010; Ord. 6104 § 8, 2007; Ord. 5874 § 4(116), 2004.) Chapter 15.08A BUILDING CODE Sections: 15.08A.011 Adoption of International Building Code. 15.08A.021 Appendices adopted. 15.08A.031 Section 501.2 amended – Premises identification. 15.08A.041 Section 516 added – Recyclable materials and solid waste storage. 15.08A.051 Section 903.1 amended – General. 15.08A.061 Repealed. 15.08A.071 Section 3408.1 amended – Conformance. 15.08A.011 Adoption of International Building Code. The 2009 2012 International Building Code as adopted and hereafter amended by the State Building Code Council, and included in Chapter 51-50 WAC, is adopted as the building code of the city; provided, that the amendments, deletions and additions thereto as provided in this chapter shall govern over the published provisions of the International Building Code. (Ord. 6310 § 10, 2010; Ord. 6104 § 9, 2007; Ord. 5874 § 6, 2004.) 15.08A.021 Appendices adopted. International Building Code Appendix Chapter A, Employee qualifications, Appendix Chapter E, “Supplementary Accessibility Requirements,” Appendix Chapter H, “Signs,” Appendix Chapter J, “Grading,” and Appendix Chapter M, “2009 2012 International Existing Building Code,” are hereby adopted. (Ord. 6310 § 11, 2010; Ord. 6104 § 10, 2007; Ord. 5874 § 6, 2004.) 15.08A.031 Section 501.2 amended – Premises identification. International Building Code Section 501.2 is amended to read as follows: Premises identification. Approved numbers or addresses shall be provided as required by ACC Chapter 15.52. (Ord. 5874 § 6, 2004.) 15.08A.041 Section 516 added – Recyclable materials and solid waste storage. A new Section 516 and Table No. 5-F are added to Chapter 5 of the International Building Code to read as follows: A. Recyclable Materials and Solid Waste Storage. 1. For the purpose of this section, the following definition shall apply: Recycled Materials means those solid wastes that are separated for recycling or reuse, such as papers, metals and glass. 2. All new buildings shall provide space in accordance with Table No. 5-F for the storage of recycled materials and solid waste; EXCEPTION: Group R, Division 3 and Group U Occupancies. 3. The storage area shall be designed to meet the needs of the occupancy, efficiency of pick-up, and shall be available to occupants and haulers. 4. Storage and Handling of Recyclables and Solid Waste shall comply with the 2003 Edition of the International Fire Code, Chapter 3, Section 304. TABLE NO. 5-F – RECYCLABLE MATERIALS AND SOLID WASTE STORAGE AREA REQUIREMENT OCCUPANCY AREA REQUIREMENTS OFFICE 2 SF Per 1,000 SF of Gross Floor Area RETAIL 5 SF Per 1,000 SF of Gross Floor Area WHOLESALE WAREHOUSE INDUSTRIAL 3 SF Per 1,000 SF of Gross Floor Area EDUCATIONAL INSTITUTIONAL 2 SF Per 1,000 SF of Gross Floor Area RESIDENTIAL Min. 12 SF Plus 1.5 SF Per Unit; One Collection Area Per 30 Units located within 200 feet. (Ord. 5874 § 6, 2004.) 15.08A.051 Section 903.1 amended – General. International Building Code Section 903.1 is amended to read as follows: Section 903.1 General. Fire extinguishing systems required in this code shall be installed in accordance with the requirements of this section. See Auburn City Code 15.38A. Fire hose threads used in connection with fire-extinguishing systems shall be national standard hose thread or as approved by the fire department. The location of fire department hose connections shall be approved by the fire department. In buildings used for high-piled combustible storage, fire protection shall be in accordance with the Fire Code. (Ord. 5874 § 6, 2004.) 15.08A.061 Section 1704.12 amended – Exterior insulation and finish systems. Repealed by Ord. 6310. (Ord. 5874 § 6, 2004.) 15.08A.071 Section 3408.1 amended – Conformance. International Building Code Section 3408.1 is amended to read as follows: Section 3408.1 Conformance. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code, the International Residential Code (WAC 51-51), the International Mechanical Code (WAC 51-52), the International Fire Code (WAC 51-54), the Uniform Plumbing Code and Standards (WAC 51-56 and 51-57), the Washington State Energy Code (WAC 51-11) and the Washington State Ventilation and Indoor Air Quality Code (WAC 51-13) for new buildings or structures. Exception: Group R-3 buildings or structures are not required to comply if: 1. The original occupancy classification is not changed, and 2. The original building is not substantially remodeled or rehabilitated. For the purposes of this section a building shall be considered substantially remodeled when the costs of remodeling exceed 60 percent of the value of the building exclusive of the costs relating to preparation, construction, demolition or renovation of foundations. Structures moved into or within the jurisdiction shall comply with the provisions of this code for new structures. Prior to issuance of a permit to move a structure into the jurisdiction, the applicant shall provide a performance bond to the City Treasurer for an amount to be determined by the City Council. Structures moved into the jurisdiction shall be completed within 90 days. (Ord. 5874 § 6, 2004.) Chapter 15.36A FIRE CODE Sections: 15.36A.011 Adoption. 15.36A.021 Repealed. 15.36A.031 Fire service features. 15.36A.041 Sections 903 and 2305 amended – Housekeeping and maintenance. 15.36A.051 Repealed. 15.36A.061 Repealed. 15.36A.071 Violation – Penalty. 15.36A.081 Definitions. 15.36A.091 Fire alarm and detection systems. 15.36A.011 Adoption. The International Fire Code, 2009 2012 Edition, as published by the International Code Council, as amended in Chapter 51-54 WAC, effective July 1, 2010, together with amendments, additions, and deletions adopted in this chapter, including Appendix B, “Fire Flow Requirements for Buildings,” Appendix C, “Fire Hydrant Locations and Distribution,” Appendix D, “Fire Apparatus Access Roads,” and Appendix E, “Hazard Categories.” Chapter 15.38A ACC and this chapter shall be controlling within the jurisdiction of the city. The manufacture, storage, handling, sale, and use of fireworks shall be governed by Chapter 70.77 RCW and by Chapter 212-17 WAC and Chapter 8.24 ACC, Fireworks, consistent with Chapter 212-17 WAC. (Ord. 6310 § 13, 2010; Ord. 6104 § 11, 2007; Ord. 5874 § 10, 2004.) 15.36A.021 Section 108 amended – Appeals. Repealed by Ord. 6310. (Ord. 5874 § 10, 2004.) 15.36A.031 Fire service features. Chapter 5 of the International Fire Code, entitled “Fire Service Features,” is adopted with the following amendments: A. Fire Apparatus Access Roads – Marking. Section 503 of the International Fire Code, entitled “Fire Apparatus Access Roads,” is amended by adding the following subsection: Sec. 503.3 Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways. Subject to the fire code official’s prior written approval, marked fire apparatus access roads, or “fire lanes” as defined in section 502.1 of the code, may be established or relocated at the time of plan review, pre-construction site inspection, and/or post construction site inspection as well as any time during the life of the occupancy. Only those fire apparatus access roads established by the fire code official can utilize yellow marking paint and the term “fire lane.” Fire lanes shall be marked as directed by the fire code official in accordance with ACC 10.36.175. B. Fire Apparatus Access Roads – Marking. Section 503 of the International Fire Code, entitled “Fire Apparatus Access Roads,” is amended by adding the following subsection: Sec. 503.3.1 Alternate materials and methods. The fire code official may modify, on a case-by-case basis, any of the marking provisions in this subsection 503.3 where practical difficulties exist. Modification requests shall be submitted in writing to the fire code official setting forth a suggested alternative. C. Fire Protection Water Supplies – Where Required. Section 507 of the International Fire Code, entitled “Fire Protection Water Supplies,” is amended by substituting subsection 507.5.1 with the following: Sec. 507.5.1 Where required. All buildings or structures shall be located so that there is at least 1 hydrant within 150 feet, and no portion of the building or structure is more than 300 feet from a hydrant, as measured by an approved route. D. Clear Space Around Hydrants. Section 507 of the International Fire Code, entitled “Clear Space Around Hydrants,” is amended by substituting subsection 507.5.5 with the following: Sec. 507.5.5 Clear space around hydrants. A 5-foot clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved. (Ord. 6310 § 14, 2010; Ord. 5874 § 10, 2004.) 15.36A.041 Sections 903 and 2305 amended – Housekeeping and maintenance. A. Automatic Sprinkler Systems – Speculative Use Warehouses. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by adding the following new subsections 903.2.9.3 and 903.7: Sec. 903.2.9.3. Speculative use warehouses. Where the occupant, tenant, or use of the building or storage commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accordance with the following: 1. The design area shall be not less than 2,000 square feet. 2. The density shall be not less than that for class IV non-encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engineer of record shall provide written verification approving of the point and dead loads. Sec. 903.7. Automatic sprinkler riser rooms. All automatic sprinkler system risers shall be located in a dedicated room with an exterior door, lighting and heat. This requirement shall include any NFPA 13, 13R and 13D systems which serve more than one (1) dwelling unit or unit of occupancies. EXCEPTION: 13D single family dwellings or Townhomes defined within the IRC. B. International Fire Code Section 2305 is amended to read as follows: 2305.6.1 – Signage. Facilities designed in accordance with this section shall include the appropriate signage (as shown below) and shall be properly posted. Example of approved signage required for use of Section 2305.6.1, as amended: 1. This sign must be posted prior to building being fixtured and occupied. 2. Mount signs at 50'0" O.C. on all walls starting 25'0" from any exterior corner; also on two sides of each column. 3. Signage required on end of racks, if installed. 4. In accordance with the International Fire Code as amended. (Ord. 6310 § 15, 2010; Ord. 6104 § 12, 2007; Ord. 5874 § 10, 2004.) 15.36A.051 Chapter 14 amended – Fire safety during construction and demolition. Repealed by Ord. 6104. (Ord. 5874 § 10, 2004.) 15.36A.061 Appendix B – Fire flow requirements for buildings. Repealed by Ord. 6310. (Ord. 5874 § 10, 2004.) 15.36A.071 Violation – Penalty. Any person who violates any of the provisions of the fire code or appendices adopted in Chapter 15.38A ACC and/or this chapter or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the fire chief or by a court of competent jurisdiction, within the time fixed therein, is severally for each and every such violation and noncompliance respectively guilty of a misdemeanor, punishable by a jail term not to exceed 90 days and/or a fine not to exceed $1,000. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained constitutes a separate offense. (Ord. 5874 § 10, 2004.) 15.36A.081 Definitions. “Addressable” means the capability of a fire alarm system and associated devices that have discrete identification so that system devices can have their status individually identified within the fire alarm system. “Common use” means interior or exterior circulation paths, rooms, spaces or elements that are not available for public use and are made available for the shared use or two or more people. “Employee work area” means all or any portion of a space used only by employees and only for work purposes. Corridors, toilet rooms, kitchenettes, conference rooms and break rooms are not employee work areas. “Public use areas” means interior or exterior rooms or spaces that are made available to the general public. (Ord. 6104 § 13, 2007.) 15.36A.091 Fire alarm and detection systems. A. International Fire Code Chapter 9 is amended to read as follows: 907.1.3 Equipment. Equipment systems and their components shall be listed and approved for the purposes for which they were installed. All new systems shall be addressable. Each device shall have its own address and annunciate individual device addresses at a UL Central Station. 907.1.4 Fire Detection Systems. In addition to any requirement of 907.2 or 907.3, all occupancies exceeding 5,000 square feet gross floor area shall be required to provide an approved automatic fire detection system. Fire walls as defined in 15.38A.011(A) shall not be considered to separate a building to enable deletion of the required fire detection system. EXCEPTIONS: 1. Group “U” Occupancies. 2. Occupancies protected throughout by an approved monitored automatic sprinkler system may delete heat and smoke detectors from the system. 3. One and Two Family residences. 907.6.2.3 Visible Alarms. Visible alarm notification shall be provided in accordance with Sections 907.6.2.3.1 through 907.6.2.3.4. EXCEPTIONS: 1. Visible alarm notification shall not be required in non-public accessible storage areas in S1 and S2 occupancies or other approved areas. 907.6.2.3.1 Public and Common Areas. Visible and audible alarm notification appliances shall be provided in public and common areas as defined in Section 15.36A.081. 907.6.2.3.2 Employee Work Areas. Visible and audible alarm notification appliances shall be provided in employee work areas as defined in Section 15.36A.081. B. For purposes of this chapter, a “fire wall,” “fire barrier,” or “horizontal assembly” shall not be considered to separate a building so as to avoid the required automatic fire alarm and detection system. A building shall have a minimum distance of five feet from any point of the building to any point of another building and from the property line in order to be considered a separate building. (Ord. 6310 § 16, 2010; Ord. 6104 § 14, 2007.) Chapter 15.38A FIRE PROTECTION REQUIREMENTS Sections: 15.38A.011 Repealed. 15.38A.021 General. 15.38A.031 Standards. 15.38A.041 Application. 15.38A.051 Automatic sprinkler systems – Speculative use warehouses. 15.38A.011 Definitions. Repealed by Ord. 6310. (Ord. 5874 § 12, 2004.) 15.38A.021 General. A. Automatic fire extinguishing systems shall be installed in accordance with this chapter or as approved by both the building official and fire code official. B. Fire hose threads used in connection with automatic fire extinguishing systems shall be national standard hose threads or as approved by the fire code official. C. The location of fire department hose connections shall be located within 50 feet of and no closer than five feet of an approved water supply and the connection shall be located on the same side of the fire access roadway as the approved water supply and must be approved by the fire code official. D. Buildings used for high piled combustible storage shall comply with the fire protection requirements of the fire code and Chapter 15.36A ACC. E. For additional provisions on special hazards see the fire code and building code for requirements. (Ord. 6310 § 17, 2010; Ord. 5874 § 12, 2004.) 15.38A.031 Standards. Automatic fire extinguishing systems shall comply with the building and fire code standards. (Ord. 5874 § 12, 2004.) 15.38A.041 Application. An automatic fire extinguishing system shall be installed and maintained in an operable condition as specified in this chapter in the following locations: A. All buildings that do not have adequate fire flow or do not have adequate emergency fire vehicle access as required in the fire code and as determined by the fire code official. B. All buildings except those classed as Group R, Division 3 and Group U, when: 1. The building has more than 10,000 square feet of floor area, or is higher than 30 feet, or requires more than 2,500 gallons per minute of fire flow in accordance with International Fire Code Appendix B. C. All buildings that contain more than 8,000 square feet of Group A occupancies and in: 1. All A-2 assembly rooms used primarily for entertaining occupants who are consuming alcoholic or nonalcoholic beverages or dining in unseparated areas where the total floor area is more than 5,000 square feet. For uses to be considered separated, the separation shall not be less than a one-hour occupancy separation as defined in the building code. 2. All enclosed usable space below or over a stairway in Group A, Divisions 1, 2, 3, 4 and 5 occupancies. 3. All amusement buildings except those that are both less than 1,000 square feet of floor area and have an exit travel distance from any point that is less than 50 feet. 4. Areas under roof and gridiron, in the tie and fly galleries, and in all places behind the proscenium wall of stages; over and within the permanent platforms that are more than 500 square feet in area; and in dressing rooms, workshops and storerooms accessory to such stages or platforms, with the exceptions noted below. Exceptions: a. Sprinklers are not required for stages 1,000 square feet (92.9 m2) or less in area and 50 feet (15,240 mm) or less in height where curtains, scenery or other combustible hangings are not retractable vertically. Combustible hangings shall be limited to a single main curtain, borders, legs and a single backdrop. b. Under stage areas less than four feet (1,219 mm) in clear height used exclusively for chair or table storage and lined on the inside with five-eighths-inch (16 mm) Type X gypsum wallboard or an approved equal. D. Additions, Alterations and Repairs. For the purpose of this chapter, any alteration or repair which changes the character of the occupancy or use, and which increases the fire or life safety or structural hazards, shall comply with the requirements of this chapter and: 1. Any additions that increase the floor area of a building shall require that the entire building comply with this chapter; and 2. These determinations shall be made by the building official and the fire code official. E. For purposes of this chapter, a “fire wall,” “fire barrier,” or “horizontal assembly” shall not be considered to separate a building so as to avoid the required automatic fire extinguishing system. A building shall have a minimum distance of five feet from any point of the building to any point of another building and from the property line in order to be considered a separate building. F. Plans. In addition to the requirements in the building and fire codes, all plans for automatic fire extinguishing systems, including sprinkler system underground piping, shall bear the stamp and signature of a Washington State professional engineer who is registered as qualified in fire protection engineering, or registered as a certified sprinkler contractor through the Washington State Fire Marshal’s Office, or as approved by the fire code official. G. Conflict. In case of conflict between the requirements contained in Chapter 15.08A ACC and this chapter, the requirements of this chapter shall govern and prevail. (Ord. 6310 § 18, 2010; Ord. 5874 § 12, 2004.) 15.38A.051 Automatic sprinkler systems – Speculative use warehouses. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by adding the following new subsection 903.2.9.3: Sec. 903.2.9.3 Speculative use warehouses. Where the occupant, tenant, or use of the building or storage commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accordance with the following: 1. The design area shall be not less than 2,000 square feet. 2. The density shall be not less than that for class IV non-encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engineer of record shall provide written verification approving of the point and dead loads. (Ord. 6310 § 19, 2010; Ord. 5874 § 12, 2004.) Chapter 15.40 SMOKE DETECTORS Sections: 15.40.010 Application and scope. 15.40.020 Definitions. 15.40.030 Conformance with nationally accepted standards. 15.40.040 Primary power supply. 15.40.050 Repealed. 15.40.060 Repealed. 15.40.070 Installation. 15.40.080 Maintenance. 15.40.090 Violation – Penalty. 15.40.010 Application and scope. All Group R Occupancies sold, leased, let or rented in the city of Auburn shall have installed therein smoke detectors pursuant the provisions of this chapter. (Ord. 4270 § 1, 1988.) 15.40.020 Definitions. For the purpose of this chapter, the words set out in this section shall have the following meanings: A. “Combination photoelectric/ionization detector” means a smoke detection device containing both an ionization and a photoelectric element. B. Factory Built Housing. For the purpose of these rules, “factory built housing” is considered as any structure designed primarily for human occupancy other than a mobile home, the structure of any room of which is either entirely or substantially prefabricated or assembled at a place other than a building site, and which is subject to regulation by the Washington Department of Labor and Industries pursuant to RCW 43.22.450 through 43.22.490. C. Group R Occupancies. “Group R occupancies” shall have the following meanings: 1. Group R, Division 1 of the International Building Code, guest rooms and dwelling units, i.e., hotels, motels, apartments and condominiums; 2. Group R, Division 3 of the International Building Code, dwelling units, i.e., duplexes, single-family dwellings and lodging houses; 3. Mobile home dwelling units. D. “Ionization detector” means a smoke detector device which activates in response to invisible particles created by combustion. Sensitive to open flame fire. E. Mobile Home. For the purpose of these rules, a “mobile home” is considered as a factory-assembled structure or structures assembled with the necessary service connections and made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit without a permanent foundation, and which is subject to regulation by the Washington Department of Labor and Industries pursuant to RCW 43.22.340 through 43.22.434. F. “Smoke detection device” means a self-contained alarm for detecting visible or invisible particles of combustion, which consists of an assembly of electrical components including a smoke chamber, alarm sounding appliance, and provision for connection to a power supply source, either by splice leads or a cord and plug arrangement or containing integral batteries. A supplemental heat detector may be included as part of the appliance. Terminals may be included for connection to a remote, audible signaling appliance or accessory. An integral transmitter may also be included to energize a remote audible signaling appliance. The smoke detection device may be of the photoelectric and/or ionization type. (Ord. 6310 § 20, 2010; Ord. 4270 § 2, 1988.) 15.40.030 Conformance with nationally accepted standards. All smoke detection devices shall be designed and manufactured in conformance with the requirements of Underwriters Laboratories, Inc. Standard UL 217 and shall be approved or listed for the purposes for which they are intended. (Ord. 6310 § 21, 2010; Ord. 4270 § 3, 1988.) 15.40.040 Primary power supply. A. The primary power supply of a smoke detection device shall be a commercial light and power source normally available in the dwelling unit. Connection to a commercial power and light source shall be in the form of permanent wiring to terminals or leads in a separate wiring compartment having provisions for the connection of a conduit, metal clad or nonmetallic sheathed cable, by means of a power supply cord and attachment- plug cap, or by means of a separate power supply. B. Wiring shall be permanent and without a disconnecting switch other than those required for over current protection. C. Exception. Smoke detectors may be battery operated when installed in existing buildings built prior to January 1, 1981, or in buildings without commercial power, or in buildings which undergo alterations, repairs or additions regulated by subsection D of this section. D. When the valuation of an addition or repair to a Group R Occupancy exceeds $1,000, or when one or more sleeping rooms are added or created in existing Group R Occupancies, the entire building shall be provided with smoke detectors located as required for new Group R Occupancies. (Ord. 4270 § 4, 1988.) 15.40.050 Number of smoke detector devices required. Repealed by Ord. 6310. (Ord. 4270 § 5, 1988.) 15.40.060 Location of detection devices. Repealed by Ord. 6310. (Ord. 4270 § 6, 1988.) 15.40.070 Installation. A. It is the responsibility of the builder or manufacturer of each new building, mobile home or factory built housing to install smoke detection devices within each dwelling unit. B. It is the responsibility of the owner of each existing building, mobile home or factory built housing to install smoke detection devices within each dwelling unit occupied by persons other than the owner. C. It is the responsibility of the owner of each new or existing building, mobile home or factory built housing, containing dwelling units occupied by persons other than the owner, to inspect and test all smoke detection devices at the time of vacancy and make the necessary repairs or replacements to insure that the smoke detection devices are operational prior to reoccupancy, and to instruct the occupants of the purpose, operation and maintenance of the smoke detection device(s). (Ord. 4270 § 7, 1988.) 15.40.080 Maintenance. It is the responsibility of the occupant of all new or existing dwelling units, owned by other than the occupant, to maintain and test all smoke detection devices installed within the dwelling unit by the owner. Actual costs of maintenance, repair or replacement of smoke detection devices shall be as agreed beforehand by the occupant and owner. However, failure of the owner to abide by the terms of any such agreement does not relieve the occupant of the responsibility to maintain the smoke detection devices in a fully operational condition at all times. Failure to do so can subject the occupant to the penalty provisions stated in ACC 15.40.090. (Ord. 4270 § 8, 1988.) 15.40.090 Violation – Penalty. A violation of any of the provisions of this chapter shall be a civil infraction, punishable in accordance with ACC 1.25.050. (Ord. 5683 § 37, 2002; Ord. 4270 § 9, 1988.) Zoning Code Text Amendment ZOA13-0003 Staff Report to the Planning Commission June 11, 2013 Page 1 Zoning Code Text Amendment ZOA13-0003 Staff Report to the Planning Commission I. BACKGROUND AND GENERAL INFORMATION: Over the last several months a number of residents who live in the single family residential communities that are located nearby Green River Community College (GRCC) have expressed concern that they are observing a spike in rental homes in their neighborhood that are occupied by students of GRCC. Their concerns include: • Parking impacts • Unpermitted conversion of garages to living space • Overcrowding of single family homes with too many occupants • Lack of proper solid waste management • Noise impacts As a first phase and interim measure to address student/rental housing, the Planning and Development Department is proposing an amendment to Auburn City Code, Section 18.04.360, the definition of family. The code amendment would strike “or a group of eight or fewer residents who are not related by blood or marriage” from the definition. The proposed code change will make rental housing to only non-related persons not permitted. Existing rentals that met the definition of family and have a valid rental housing business license prior any code change, would be considered a legal non-conforming use. 18.04.360 Family. “Family” means a person living alone, or two or more persons related by blood or marriage, or a group of eight or fewer residents who are not related by blood or marriage customarily living together as a single housekeeping unit and using common cooking facilities, as distinguished from a group occupying a hotel, club, boardinghouse or lodginghouse. For the purposes of this definition, minors living with a parent shall not be counted as part of the maximum number of residents. II. SEPA STATUS: Pursuant to WAC 197-11-800(6), non-project actions such as code amendments are not exempt from environmental review. The City issued a Determination of Non-Significance on June 3, 2013. The comment period ends June 17, 2013 and the appeal period ends on July 1, 2013. III. FINDINGS OF FACT: 1. In general, the intent of the proposed zoning code amendments is to address an inconsistency in the code and comments received from citizens related to student/rental housing. This amendment is Phase 1 of a two phase project. 2. The process for zoning code text amendments is described in ACC Chapter 18.68: Zoning Code Text Amendment ZOA13-0003 Staff Report June 11, 2013 Page 2 18.68.020 Initiation of amendments. B. Text. 1. The city council, or planning and development committee of the city council, upon its own motion may request the planning commission to conduct a public hearing to amend any portion or all of this title; provided, that text amendments that are purely administrative or procedural do not require a public hearing, nor do they require preliminary review or recommendations of the planning commission; 2. The planning commission may upon its own motion call for a public hearing to amend any portion or all of this title, with the exception of purely administrative or procedural amendments; 3. Any resident or property owner of the city may petition the city to request an amendment to the text of this title. C. For the purposes of this chapter, substantive amendments shall be distinguished from procedural or administrative amendments in accordance with the following: “Substantive” matters relate to regulations that define or limit what can be done in terms of conduct, use or action (e.g., what use may be made of land, what requirements apply to development, what public infrastructure may be required of certain developments), and “procedural” or “administrative” matters are those that relate to the process of how an application to take such action must be pursued (e.g., time limits for applications and appeals, what forms must be used, and where or how applications must be submitted. Essentially, “procedural” or “administrative” matters are the mechanical rules by which substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord. 4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.) 18.68.030 Public hearing process. A. Text Amendments. With the exception of purely administrative or procedural amendments, the planning commission shall conduct at least one public hearing on all amendments to this title. The planning commission shall make a recommendation to the city council who may or may not conduct a public hearing. C. City Council Decision. The city council may affirm, modify or disaffirm any recommendation of the planning commission or hearing examiner with regard to amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) 18.68.040 Public hearing notice requirements. A. Text Amendments. 1. Planning Commission. For text amendments that require a public hearing under ACC 18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing and by posting the notice in three general public locations. 2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing and by posting the notice in three general public locations. 3. The proposed code amendments are supported by the City of Auburn Comprehensive Plan as identified in the conclusion section of this staff report. Zoning Code Text Amendment ZOA13-0003 Staff Report June 11, 2013 Page 3 4. A Determination of Non-Significance was issued for the proposed amendments on June 3, 2013. The 14-day comment period ends on June 17, 2013. The appeal periods ends on July 1, 2013. As of the writing of this report, no comments have been received. 5. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this agenda bill were sent to the Washington State Department of Commerce and other state agencies as required for the 60-day state review required for modification of development regulations. The amendments were sent on June 6, 2013 and expedited review was requested under RCW 36.70A.106(3)(b). The Department of Commerce acknowledged receipt on June 6, 2013. Expedited review has not been granted as of the writing of this staff report. If the request is denied then the standard 60-days applies from the submittal date of June 6, 2013. 6. Staff presented the draft code language to the Planning Commission at their regular meeting on May 7, 2013 for review and discussion. 7. The public hearing notice was published on June 4, 2013 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for June 18, 2013. The public hearing notice was also posted at the City’s Annex Building at One East Main Street and on the City’s website. 8. The following conclusions support the proposed amendment to Title 18, Zoning, scheduled for the Planning Commission’s June 18, 2013 public hearing with a staff recommendation. IV. CONCLUSIONS: 1. Pursuant to ACC Section 18.68.020, amendments of Title 18 require a public hearing before the Planning Commission with a public hearing notice published at least 10-days prior to the public hearing date. Staff Analysis: The public hearing notice was published in the Seattle Times on June 4, 2013 which is at least 10-days prior to the Planning Commission public hearing scheduled for June 18, 2013. The public hearing notice was also posted at the City’s Annex Building at One East Main Street and on the City’s website. 2. These code amendments are supported by the City of Auburn’s Comprehensive Plan as follows: GP-2: The City should develop its plans and programs after thorough analysis of community problems, potentials, and needs. HO – 28: The City recognizes that the development of safe neighborhoods requires the cooperation of property owners and/or their property managers. The City shall organize, educate, and assist property managers in the creation and preservation of safe neighborhoods. Zoning Code Text Amendment ZOA13-0003 Staff Report June 11, 2013 Page 4 Staff Analysis: Staff is proposing the code amendment to the definition of family as Phase 1 to a larger code amendment effort addressing student/rental housing within the City of Auburn. There is also a conflict within the definitions in Title 18 that this proposed code amendment will address. The conflict is between the definition of family and boarding house. A boarding house is defined as: “a dwelling in which three or more persons, either individually or as families, are housed or lodged for hire with or without meals. A roominghouse or a furnished-room house is a boardinghouse.” With the City’s current definition of family allowing up to 8 unrelated individuals living together is in conflict with a boarding house. Under the R-5 and R-7 zones, a boarding house is not a permitted use where a family in a single family residence is permitted. The proposed code amendment deletes the reference to “group of eight or fewer residents who are not related by blood or marriage” removing the conflict between the definition of family and the boarding house definition. Another issue with the conflict of definitions is what uses are permitted within the single family zones of the City. For example, under the R-5 and R-7 zones (primary residential zones), a single family home owner can rent rooms up to 2 people in addition to the family. By the City’s current definition of family, you theoretically could have 8 people as the family unit and rent rooms to two more people (if the single family home had the necessary square footage as required by the building code). With the proposed code amendment, the family unit are related individuals and then could rent rooms up to 2 unrelated persons. The proposed code amendment is consistent with the City’s Comprehensive Plan as the City has discretion on defining its definitions, we are dealing with an inconsistency in the City’s code, and we are addressing a community concern/issue. V. STAFF RECOMMENDATION/DECISION (depending on application type) Staff recommends that the Planning Commission recommend to the City Council approval of the proposed code amendment as presented. VI. EXHIBITS Exhibit 1 Proposed code changes Auburn City Code Section 18.04.360 Exhibit 2 Request letter to Department of Commerce for Expedited State Review Exhibit 3 Department of Commerce acknowledgement letter Exhibit 4 Request to publish hearing notice in newspaper Exhibit 5 Environmental Checklist Exhibit 6 Determination of Non-Significance Staff Report Prepared by: Elizabeth Chamberlain, Planning Manager Exhibit 1 Draft Code Amendment Version 1 June 12, 2013 Page 1 of 1 Amendment to City Code. That section 18.04.360 of the Auburn City Code be and the same hereby is amended to read as follows: 18.04.360 Family. “Family” means a person living alone, or two or more persons related by blood or marriage, or a group of eight or fewer residents who are not related by blood or marriage customarily living together as a single housekeeping unit and using common cooking facilities, as distinguished from a group occupying a hotel, club, boardinghouse or lodginghouse. For the purposes of this definition, minors living with a parent shall not be counted as part of the maximum number of residents. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Exhibit 2 Rev 01/2013 Notice of Proposed Amendment Request for Expedited Review Pursuant to RCW 36.70A.106(3)(b), the following jurisdiction provides notice of a proposed development regulation amendment and requests expedited state agency review under the Growth Management Act. Under statute, proposed amendments to comprehensive plans are not eligible for expedited review. The expedited review period is 10 business days (14 calendar days). (If needed, you may expand this form and the fields below, but please try to keep the entire form under two pages in length.) Jurisdiction: City of Auburn Mailing Address: 25 West Main Street Auburn, WA 98001 Date: June 3, 2013 Contact Name: Elizabeth Chamberlain Title/Position: Planning Manager Phone Number: 253-931-3092 E-mail Address: echamberlain@auburnwa.gov Brief Description of the Proposed/Draft Development Regulations Amendment: (40 words or less) Proposed amendment is to modify the definition of family within Title 18, Zoning. Is this action part of the periodic review and update? GMA requires review every 8 years under RCW 36.70A.130(4)-(6). Yes: ___ No: __X_ Public Hearing Date: Planning Board/Commission: June 18, 2013 Council/County Commission: Proposed Adoption Date: July 2013 REQUIRED: Attach or include a copy the proposed amendment text. Exhibit 4 Notice of Public Hearing Notice Published: June 4, 2013 The Planning Commission of the City of Auburn, Washington, will conduct a public hearing on Tuesday, June 18, 2013 at 7:00 P.M. in the Council Chambers of the Auburn City Hall located at 25 West Main Street on the following: Case Number ZOA13-0002: Amendments to Title 15 of the Auburn City Code (The Building Code) The proposal amendments to Title 15 of the Auburn City Code are required in order to implement the Washington State Building Code Council’s decision to accept the 2012 International Building Codes as well as the subsequent Washington State amendments. Title 15 of the Auburn City Code includes several chapters that constitute the City’s local building code. The City of Auburn is not proposing to further amend the 2012 International Building Codes and/or Washington State Amendments, however the City’s code requires amendments that currently reference the 2009 building codes. The effective date of the State Building Code Council’s actions is July 1, 2013. Case Number ZOA13-0003: Amendment to Auburn City Code The proposal amends Title 18, Zoning, of the Auburn City Code related to Section 18.04.360, amending the definition of “Family”. The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. Written comments may be submitted up until and at the public hearing to Elizabeth Chamberlain, Planning Manager, Planning and Development Department, 25 West Main Street, Auburn, WA 98001-4988. If you have further comments or questions, please contact Elizabeth Chamberlain at echamberlain@auburnwa.gov or at (253) 931-3092. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. Planning and Development Department ENVIRONMENTAL CHECKLIST Page 1 of 16 ENVIRONMENTAL CHECKLIST 1. Name of proposed project, if applicable: Student Rental Housing and 2012 International Building Code Update 2. Name of Applicant: City of Auburn 3. Address and phone number of applicant and contact person: Applicant: Planning and Development Department 25 West Main Auburn, WA 98001-4998 Elizabeth Chamberlain, AICP, Planning Manager (253) 931-3092 4. Date checklist prepared: June 3, 2013 5. Agency requesting checklist: City of Auburn 6. Proposed timing or schedule (including phasing, if applicable): Environmental Review – June 2013 Planning Commission Public Hearing – June 18, 2013 City Council Review – July 2013 City Council Action – July 2013 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. There will be additional code amendments related to Student Rental Housing as a Phase 2 project that will most likely include a new definition and changes to the residential zones permitted uses. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None. Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 2 of 16 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None. 10. List any government approvals or permits that will be needed for your proposal, if known. The City of Auburn Planning Commission will hold a public hearing on the proposed code amendments addressed in this environmental checklist and will forward a recommendation to the Auburn City Council. The City Council may or may not hold a public hearing prior to taking action adopting, adopting in part, or not adopting the amendments. Although not an approval or permit, the proposed zoning text amendments are also subject to the 60-day State Agency review process pursuant to RCW 36.70A.106. The City will be requesting expedited review. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You need not repeat those answers on this page. The City has recently been faced with issues related to student rental housing near Green River Community College. As an interim step, the Cit is amending its definition of family and then will be working on more substantial code amendments as a Phase 2 to the Student Rental Housing project. As for the building code update, the City is amending Title 15 to reflect the changes to the 2012 International Codes with the Washington State amendments. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The proposed code amendment would be applicable city wide. B. ENVIRONMENTAL ELEMENTS: 1. Earth: A. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other. Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 3 of 16 The City of Auburn is characterized by a relatively flat valley floor bordered by steep hillsides that plateau. B. What is the steepest slope on the site (approximate percent slope)? The slope of the valley walls in the city varies, but some slopes associated with the valley walls reach 100%. Most sites on the valley floor have limited slopes. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The valley floor is made up primarily of soils of the Oridia, Renton, Snohomish and Briscott series. These soils are fairly poorly drained and formed in the alluvium (river sediments) associated with the White and Green rivers. These are considered good agricultural soils, though in many areas, are not well-drained. There is no designated prime farmland within the City of Auburn. The soils in the uplands are predominantly of the Alderwood series. These soils drain moderately well and are typically located on slopes ranging from 0 - 70%. D. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Many factors affect slope stability including soil type, parent material, slope and drainage. These factors can be further affected by human intervention such as slope alteration, and vegetation removal. The city has identified categories of geologic hazard areas and inventoried these areas. Maps of the erosion and landslide hazard areas are provided as Maps 9.6 and 9.7, respectively in the City’s Comprehensive Plan. E. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Not applicable. The proposed amendments are non-project actions, so no site alteration, construction, or earthwork is proposed. F. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not applicable. Non-project action. G. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable. The action does not involve site specific development proposals H. Proposed measures to reduce or control erosion, or other impacts to the earth. This is a non-project action so no site specific erosion control is proposed. However, the existing comprehensive plan includes numerous policies to reduce or control erosion through the use of best management practices, landscaping requirements, limitations on alteration of steep slopes and other critical areas protections. Impacts to earth will be Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 4 of 16 identified and, if necessary, mitigated during the development review process as specific development proposals are made that might be associated with these plan amendments. The city also has design and construction standards that address erosion control measures. 2. Air: A. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if know. Not applicable. Proposal is a non-project action. B. Are there any off-site sources of emissions or odors that may affect your proposal? If so, generally describe. Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control emissions or other impacts to air, if any: Not applicable. Proposal is a non-project action. 3. Water: A. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year round and seasonal streams, saltwater, lakes, ponds, wetlands): If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The major bodies of water within Auburn are the Green River, the White River, Mill Creek, Bowman Creek, and White Lake. The City has conducted an inventory of wetlands within the city limits. These are shown on Map 9.3 of the City’s Comprehensive Plan. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not applicable. This is a non-project action. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. This is non-project action. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 5 of 16 Not applicable. This is non-project action. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Proposal is non-project action. However, several areas within Auburn lie within the 100-year floodplain of the Green or White River and Mill Creek. These areas as well as frequently flooded areas as defined by the City of Auburn Public Works Department are shown on Map 9.4 of the City’s Comprehensive Plan. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Proposal is a non-project action. B. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Not applicable. This is non-project action. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing any toxic chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) is (are) expected to serve. Not applicable. This is non-project action. C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Not applicable. This is non-project action. 2) Could waste materials enter ground or surface waters? If so, generally describe. Not applicable. This is non-project action. D. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Not applicable. This is non-project action. 4. Plants: A. Check or circle types of vegetation found on the site: Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 6 of 16 deciduous tree: alder, maple, aspen, other. X evergreen tree: fir, cedar, pine, other. X shrubs. X grass. X pasture. X crop or grain. X wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other. X water plants: water lily, eelgrass, milfoil, other. X other types of vegetation. X B. What kind and amount of vegetation will be removed or altered? Not applicable. This is non-project action. However, in general urban development results in the removal or alteration of many types of vegetation. C. List threatened or endangered species known to be on or near the site: None that are known. D. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Not applicable. This is non-project action. 5. Animals: A. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: geese, ducks, crows, etc. Mammals: deer, bear, elk, beaver, other: Fish: bass, salmon, trout, herring, shellfish, other: urban animals such as dogs, cats, squirrels, rodents, opossums, raccoons, etc. are also present in the city. B. List any threatened or endangered species known to be on or near the site. There are nesting/breeding sites of bald eagles, great blue herons and green back heron within Auburn as shown on Map 9.2 of the City’s Comprehensive Plan. The Environmental Impact Statement for the Auburn Thoroughbred Racetrack indicates that peregrine falcons, bald eagles, and the Aleutian Canadian Goose have been seen in the Auburn area. Chinook salmon are currently listed as a threatened species by the National Marine Fisheries Service (NMFS). Bull trout are also listed. Chinook salmon are known to use the Green and White Rivers. C. Is the site part of a migration route? If so, explain. Auburn is a portion of the Pacific Flyway for migratory birds. Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 7 of 16 D. Proposed measures to preserve or enhance wildlife, if any: Not applicable. This is non-project action. 6. Energy and Natural Resources: A. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project’s energy needs? Describe whether it will be used for heating, manufacturing, etc. Not applicable. This is a non-project action. B. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Not applicable. This is a non-project action. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable. This is a non-project action. 7. Environmental Health: A. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. Not applicable. This is a non-project action. 1) Describe special emergency services that might be required: Not applicable. This is a non-project action. 2) Proposed measures to reduce or control environmental health hazards, if any: Not applicable. This is a non-project action. B. Noise: 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Not applicable. This is a non-project action. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 8 of 16 Not applicable. This is a non-project action. 3) Proposed measures to reduce or control noise impact, if any: Not applicable. This is a non-project action. 8. Land and Shoreline Use: A. What is the current use of the site and adjacent properties? The City and PAA contain a variety of land uses including residential, industrial, commercial, open space, and public land uses. The proposed code amendment would be applicable to uses allowed in the Institutional, Public, Light Commercial, Heavy Commercial, and Downtown Urban Center zones. B. Has the site been used for agriculture? If so, describe: Much of the Green River Valley and the City of Auburn were used for agriculture at some time in the past. Over the last several decades, rapid growth in the area resulted in much of the agricultural land converting to urban uses. No land within the city is designated as agricultural, though some parcels continue as that type of use. C. Describe any structures on the site: Structures within the City range from small single family detached homes to large industrial and warehousing facilities. D. Will any structures be demolished? If so, what? Not applicable. This is a non-project action. E. What is the current zoning classification of the site? City zoning districts include: RR (Rural Residential); R-1 (1 du/acre) R-5 (5 du/acre); R-7 (7 du/acre); R-10 (10 du/acre), R-20 (20 du/acre); RMHP (Residential Manufactured Home District); RO (Residential Office); RO-H (Residential Office-Hospital); CN (Neighborhood Commercial); DUC (Downtown Urban Center); C1 (Light Commercial); C2 (Central Business District); C3 (Heavy Commercial); M1 (Light Industrial); M2 (Heavy Industrial); BP (Business Park); LF (Airport Landing Field); P1 (Public Use); UNC (Unclassified Use); I (Institutional Use); LH (Lea Hill). The proposed code amendment would affect all the zoning districts. F. What is the current comprehensive plan designation of the site? A Comprehensive Plan map of the City is contained in the City’s Comprehensive Plan and includes 13 different plan designations. G. If applicable, what is the current shoreline master program designation of the site? Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 9 of 16 Portions of the City along the Green and White Rivers fall under the Shoreline Master Program. A map of the shoreline designations for those areas is Map 9.1 of the City’s Comprehensive Plan. Zoning districts that are applicable to this proposed code amendment doe fall within the City’s Shoreline Management area. H. Has any part of the site been classified as an “environmentally sensitive” area? If so, specify: Not applicable. This is a non-project action. However, areas of the City do have sensitive areas and the regulation and protection of sensitive areas are addressed through the City’s critical areas ordinance. I. Approximately how many people would reside or work in the completed project? Not applicable. This is a non-project action and no specific development is proposed. J. Approximately how many people would the completed project displace? None specifically. Proposal is a non-project action. K. Proposed measures to avoid or reduce displacement impacts, if any: None specifically. Proposal is a non-project action. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: This proposal is to address issues that have arisen with use of a recently overhauled subdivision and residential code as well as address recent changes to state law as described in response to the environmental checklist application questions A.11 above. The public hearing and review process that occurs as part of the code amendment process will be used to help evaluate whether a particular proposal is consistent with existing plans. Also, the proposed amendments are circulated to State agencies for a State Agency review process in accordance with RCW 36.70A.106. 9. Housing: A. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Not applicable. Proposal is a non-project action. B. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable. Proposal is a non-project action. Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 10 of 16 C. Proposed measures to reduce or control housing impacts, if any: Not applicable. Proposal is a non-project action. 10. Aesthetics: A. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Not applicable. Proposal is a non-project action. B. What views in the immediate vicinity would be altered or obstructed? Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable. Proposal is a non-project action. 11. Light and Glare: A. What type of light or glare will the proposal produce? What time of day would it mainly occur? Not applicable. Proposal is a non-project action. B. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable. Proposal is a non-project action. C. What existing off-site sources of light or glare may affect your proposal? Not applicable. Proposal is a non-project action. D. Proposed measures to reduce or control light and glare impacts, if any: Not applicable. Proposal is a non-project action. 12. Recreation: A. What designated and informal recreational opportunities are in the immediate vicinity? The City of Auburn provides a full range of parks and recreational facilities. Map 11.1 of the City’s Comprehensive Plan shows the location of these facilities. B. Would the proposed project displace any existing recreational uses? If so, describe. Not applicable. Proposal is a non-project action. Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 11 of 16 C. Proposed measures to reduce or control impacts on recreation including recreation opportunities to be provided by the project or applicant, if any: Not applicable. Proposal is a non-project action. 13. Historic and Cultural Preservation: A. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe: Not applicable. Proposal is a non-project action. However as a matter of information, in Auburn, the Blomeen House located at 324 B Street NE is on the National Register of Historic Places. The Carnegie Library Building at 306 Auburn Avenue (currently Auburn Dance and Music Center) and the Auburn Post Office (currently Seattle-King County Health Department) at 20 Auburn Avenue NE are local and county landmarks. The Olson Farm, located at 28728 Green River Road South, was designated as King County Landmark in 2000 and the Masonic Temple Building at the southeast corner of Auburn Way South and East Main Street was designated as a King County Historical Landmark in 2002. B. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Several Indian campsites have been identified along the Green and White rivers in the Auburn Thoroughbred Racetrack EIS and in preliminary work for the Army Corps of Engineers’ Special Area Management Plan. C. Proposed measures to reduce or control impacts, if any: Not applicable. Proposal is a non-project action. 14. Transportation: A. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Figure 2-1 of the Comprehensive Transportation Plan (transportation element) shows the City’s current and future classified street system. B. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Not applicable, non-project action. However, Figure 4-1 of the Comprehensive Transportation Plan (transportation element) shows the location of public transit routes within the City. Also, a commuter rail station exists along the Burlington Northern Santa Fe railroad right-of-way just south of West Main Street and east of C Street SW. C. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable. Proposal is a non-project action. Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 12 of 16 D. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private): Not applicable. Proposal is a non-project action. E. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe: There is no water transportation in the Auburn area other than for recreational uses. The area is particularly well served by rail. At this time, local freight service is available. Burlington Northern Santa Fe and Union Pacific both operate freight lines within Auburn. Auburn is also a commuter rail station site for the Sounder commuter rail line between Tacoma and Seattle. Service began September 18, 2000. Amtrak trains pass through Auburn but do not stop here. The Auburn Airport is located north of 15th Street NE. F. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Not applicable. Non-project action. G. Proposed measures to reduce or control transportation impacts, if any: Not applicable. Non-project action. 15. Public Services: A. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: Not applicable. Non-project action. B. Proposed measures to reduce or control direct impact on public services, if any: The comprehensive plan contains policies that seek to maintain a sufficient level of service for public services as development occurs. Also, Auburn reviews under SEPA, the impacts of significant development on these public services. Mitigation measures are required to reduce significant adverse impacts. 16. Utilities: A. Circle utilities currently available at the site: Electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other – Cable TV. All of the above utilities are available within the City of Auburn. Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 13 of 16 B. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed: This is a non-project action. However, the Comprehensive Plan includes a utilities element (as required by the Growth Management Act), which describes the utilities that serve the Auburn area and includes policies for their provision. Also, the city actively engages in planning for public facilities. A new Comprehensive Water Plan and new Comprehensive Sewer Plan were adopted by the City in 2009. A new Comprehensive Drainage Plan was adopted in 2009. A new six year Capital Facilities Plan was adopted in 2012 (2013-2018). These plans ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. OWNER/AGENT SIGNATURE: Elizabeth Chamberlain DATE SUBMITTED: June 3, 2013 _ Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 14 of 16 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (Do not use this sheet for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent of the proposal, or the types of activities likely to result from the proposal that would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed code amendment to the definition of family should have a minimal change in discharging to water, emissions to air, production, storage, or release of toxic or hazardous substances or the production of noise. While the proposed code amendment could apply to undeveloped property, the City’s stormwater design manual addresses stormwater discharges and the City has other regulations addressing emissions to air and hazardous substances. The proposed code amendment related to the 2012 International Codes could have a change to emissions to air, production of noise, or an increase discharge to water since the international codes dictate how buildings are constructed. However, as noted below, the City has development standards to provide protection for these types of impacts. Proposed measures to avoid or reduce such increases are: The City of Auburn Comprehensive Plan contains provisions to reduce increases or emissions caused by new development. Emphasis in the Comprehensive Plan on reducing the reliance on the automobile for transportation should reduce the amount of emissions to the air. Policies in the Environment Chapter also provide guidance in the review of development proposals to encourage native vegetation. This should support wildlife habitat areas, particularly near streams, as the policies assist the City in addressing adverse impacts to water quality and wildlife habitat from runoff since native plantings may require less pesticide use. An environmental review of all non-exempt (from SEPA) development will be conducted to evaluate and mitigate impacts related to discharges, emissions, and the release of toxic substances. Evaluation of the site specific proposals will be based on the policies of the Comprehensive Plan and appropriate mitigation will take place on a case by case basis. City development standards including but not limited to the critical areas ordinance, shoreline master program regulations, and the Design and Construction Manuals, also provide additional protection for these types of impacts. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal is not likely affect plants, animals, fish, or marine life. The proposed code amendment related to the 2012 International Codes could have an impact since the Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 15 of 16 international codes dictate how buildings are constructed. However, as noted below, the City has development standards to provide protection for these types of impacts. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Generally, the adopted Auburn Comprehensive Plan and critical areas ordinance seek to protect and conserve plants, animals, fish, and marine life. An environmental review under SEPA of all non-exempt development is conducted to measure impacts. Evaluation based on the policies of the Auburn Comprehensive Plan and appropriate mitigation will take place on a case-by-case basis. Policies within the Environment Chapter also provide guidance in the review of development proposals to encourage native vegetation be used and/or retained. This should support wildlife habitat areas, particularly near streams as the policies assist the city in addressing adverse runoff impacts to water quality and wildlife habitat since native plantings may require less pesticide use. City development standards including but not limited to the critical areas ordinance and the shoreline master program regulations also provide additional protection for these types of impacts. 3. How would the proposal be likely to deplete energy or natural resources? Future development will use natural gas and electricity and could result in increased automobile uses. However, there does not appear to be any significant adverse increases in the use of energy of natural resources resulting from the amendments being proposed to the existing comprehensive plan over what might occur under existing plan designations. Proposed measures to protect or conserve energy and natural resources are: None specifically, as this is a non-project action. However, in addition to the provisions of the Auburn Energy Management Plan (adopted in 1986), which encourages energy conservation in public buildings, street lighting, and recycling, the comprehensive plan places an emphasis on providing for alternative methods of travel to the automobile such as transit, walking, and biking. An environmental review under SEPA of all significant development will be conducted to measure the project impacts. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Taken as a whole, there should not be any change in impacts from existing regulations on environmentally sensitive areas or areas designated for government protection. Regulations are in place to protect environmentally sensitive areas regardless of the use of the land or these proposed code amendments. Proposed measures to protect such resources or to avoid or reduce impacts are: The comprehensive plan and, in particular, the critical areas ordinance, seek to protect environmentally sensitive areas (wetlands, streams, geologically hazard areas, floodplain, wildlife Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT Page 16 of 16 habitat, and aquifer recharge areas) and to reduce the impacts of development on them. The Auburn Comprehensive Plan provides for the implementation of innovative land management techniques to protect these resources. An environmental review under SEPA for all non-exempt development will be conducted to evaluate impacts. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Amendments can only be approved if it can be assured that future development is consistent with the Comprehensive Plan and its policies and related regulations. Those proposals that are not consistent with the comprehensive plan policies or other existing plans will not be approved. Proposed measures to avoid or reduce shoreline and land use impacts are: The comprehensive plan, critical areas ordinance, and other development regulations, such as the zoning ordinance and shoreline master program, seek to protect these land and shoreline resources and to reduce the effects of development on them. An environmental review under SEPA of all development that is non-exempt will also be conducted to evaluate a proposal’s land use and environmental impacts. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed amendment could lead towards development that may increase demands on public services, the transportation network, and utilities. The City has adopted a traffic impact fee structure to address impacts to the transportation network. Proposed measures to reduce or respond to such demand(s) are: The Auburn Comprehensive Plan presently incorporates the 2013-2018 Capital Facilities Plan updated, which seeks to maintain a sufficient level of service for public services as development occurs. Also, the city actively engages in planning for public facilities. The Comprehensive Water Plan and Comprehensive Sewer Plan updates were adopted by the city in 2009. The Comprehensive Drainage Plan update was also adopted in 2009. The Comprehensive Transportation Plan was adopted in 2005 with updates during the 2006 and 2009 Comprehensive Plan amendment cycles. These plans help ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal does not appear to present any conflict with local, state, or federal laws or requirements.