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HomeMy WebLinkAbout5079 RESOLUTION NO. 5 0 7 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING A MORATORIUM ON ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR BUSINESS LICENSES AND OTHER LICENSES, PERMITS AND APPROVALS FOR COMMUNAL RESIDENTIAL RENTAL HOUSING WHEREAS, the City of Auburn has seen an increase in rental housing particularly in residential neighborhoods adjacent to Green River Community College and through citizen comment determined the City's rental housing related codes need to be amended in some fashion; and WHEREAS, the current provisions of the Auburn City Code (ACC) define communal residences as dwellings without an owner occupant that is rented to a group of unrelated individuals [ACC 18.04.249], and further identify regulations related to communal residences [ACC 18.31.130], however, it appears that these provisions may not be adequate to fully address the issues related to communal residences, and WHEREAS, in order to address issues related to rental housing primarily in single family residential neighborhoods, it is appropriate to fully evaluate and consider the different options and avenues through which communal residence rental housing operates; and WHEREAS, in conformity with the responsibilities of the City of Auburn to provide for zoning and land use regulations pursuant to state law, and the City's authority to regulate land use activity within its corporate limits, the City intends to explore and evaluate how it can most reasonably and responsibly address the issues and impacts related to communal residence rental housing, and ----------------------------- Resolution No. 5079 June 16, 2014 Page 1 of 5 WHEREAS, in order to give the City adequate time to fully consider all the options and alternatives for appropriate regulations, and to fully investigate and review all of the factors involved in communal residence rental housing related uses, the City needs to impose a moratorium on accepting and processing applications for communal residence rental housing uses, until its review of needed regulations and the adoption and implementation of needed regulations can be completed; and WHEREAS, RCW Sections 35A.63.220 and 36.70A.390 authorize cities to adopt moratoria; and WHEREAS, consistent with the provisions of RCW 35A.63.220, it is appropriate for the City Council to hold public hearings and to authorize the holding of public hearings and/or other means to gather information and adopt findings of fact supporting and justifying the moratorium, and to implement a work plan for review of the issues related to communal residence rental housing uses in the development of and/or amendment to the City's business and land use regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Moratorium Established. Pursuant to RCW 35A.63.220, a moratorium is hereby imposed prohibiting the City from receiving and/or processing any applications for any communal residence rental housing uses in any and all zoning districts in the City of Auburn; provided that this moratorium shall not apply to adult family homes or group residences that are afforded separate statutory protections under state law. ----------------------------- Resolution No. 5079 June 16, 2014 Page 2 of 5 Section 2. Term of Moratorium. The moratorium imposed by this resolution shall become effective on the date hereof, and shall continue in effect for an initial period of one year, unless repealed, extended or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact pursuant to RCW 35A.63.220, provided that the moratorium shall automatically expire upon the effective date of business licensing, zoning and land use regulations adopted by the City Council to address communal residence rental housing related businesses and land uses to be located in the City of Auburn. Section 3. Preliminary Findings. The following preliminary findings of fact are hereby adopted: A. That communal residence rental housing related uses and businesses have the potential for significant impacts on neighborhoods and the community. B. That because of the potential impacts of these communal residence rental housing related uses and businesses, and the need to fairly and reasonably accommodate housing needs for those persons who would reside in communal residence rental housing, special care and attention needs to be employed in evaluating, considering and developing appropriate legislation that satisfactorily addresses the concerns of the City while also conforming to legal requirements. C. It is appropriate to collect and compile documentation, information, testimony and statements of concerned citizens of the City and of other persons interested in or familiar with the issues of communal residence rental housing related uses and businesses and their impacts to fully explore ways to protect the City and its citizens from the adverse impacts of such businesses and uses. Section 4. Conclusion. Based on the above Findings of Fact, the City Council concludes that the City has the authority to establish a moratorium, and that it is necessary to establish a moratorium, concerning the establishment, operation, and processing of applications for communal residence rental housing related uses and businesses, to act as a stop-gap measure in order to 1) to provide the City with an opportunity to study the issues concerning the appropriate revisions to the City's codes and regulations; and 2) to protect the health, safety and welfare of the citizens of Auburn by ameliorating the adverse impacts of communal residence rental housing related uses and businesses. ----------------------------- Resolution No. 5079 June 16, 2014 Page 3 of 5 Section 5. Work Plan. The following work plan is adopted to address the issues involving communal residence rental housing related use and business regulations: A. That the City of Auburn Planning Commission shall be authorized and directed to hold public hearings and public meetings to fully receive and consider statements, testimony, positions and other documentation or evidence related to the issue of communal residence rental housing related uses and businesses. B. That the Planning Commission and City staff are authorized and directed to review the experiences of other jurisdictions, the status of legal cases, and statistical data, information, studies and other evidence compiled by other municipalities, of the implications and impacts of communal residence rental housing related uses and businesses, and to review State and Federal law and regulations, including but not limited to state and federal landlord-tenant/rental regulations and fair housing regulations, as well as ordinances and codes adopted and implemented by other municipalities to address communal residence rental housing related uses and businesses, and any other information that is pertinent to consideration thereof. C. That the City of Auburn Planning Commission shall work with City staff and the citizenry of the City to develop proposals for regulation of communal residence rental housing related business and zoning uses, and related considerations, to be forwarded in their recommendations to the City Council for inclusion in ordinances and ultimate adoption as a part of the City Code of the City of Auburn. D. That the Mayor, in consultation with the City Attorney, the Director of Community Development and Public Works and other staff, shall periodically advise and report to the City Council as to the status of hearings, meetings and information development regarding activities of the Planning Commission and City staff relative to the evaluation, consideration and development of regulations related to communal residence rental housing related uses and businesses, with such reports to be scheduled approximately every six (6) months or as appropriate throughout the period of the moratorium and any extensions thereof, until adoption of a comprehensive ordinance and regulations are developed, adopted and implemented, relating to communal residence rental housing related uses and businesses becoming effective in conjunction with the termination of the moratorium referred to in this Resolution. Section 6. Public Hearing. A public hearing shall be scheduled for 7:30 p.m. or as soon thereafter as the matter may be heard, on the 21St day of July, 2014, in City Council Chambers, 25 West Main Street, Auburn, Washington 98001, to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the moratorium. ----------------------------- Resolution No. 5079 June 16, 2014 Page 4 of 5 Section 7. Severability. If any sections, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. Section 8. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of ' 2014. CITY OF AUBURN _A'NC US, MAYOR ATTEST: ---,,�Danielle E. Daskam, City Clerk APP VED TO FORM: bg )'�l batif B. H e i it AM o r n e y ----------------------------- Resolution No. 5079 June 16, 2014 Page 5 of 5