HomeMy WebLinkAbout 09-09-2015 Planniong Commission Agenda PacketCIITTY TOFF T
WAS11INGTON
PLANNING COMMISSION MEETING
September 9, 2015
AGENDA
I. CALL TO ORDER — 7:00 p.m., Council Chambers
II. ROLL CALL /ESTABLISHMENT OF QUORUM (Pledge of Allegiance)
III. APPROVAL OF MINUTES
A. July 7, 2015
IV. PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
V. PLANNING DEPARTMENT REPORT
Update on Planning and Development Department activities.
VI. PUBLIC HEARINGS
A. Code Amendment for Recreational Vehicles as Dwelling Units* (Tate)
Summary: Review Recreational Vehicles as Dwelling Units code updates to Auburn
City Code 18.04.330, 18.07.020, 18.46A.050 AND 18.46A.070 before the
Planning Commission.
VII. OTHER BUSINESS
There are no other business items to go before the Planning Commission.
VIII. ADJOURNMENT
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.
ATY
Au&u OF
WASIIINGTON
DRAFT
PLANNING COMMISSION
July 7, 2015
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 8:03 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
II. ROLL CALL /ESTABLISHMENT OF QUORUM
Planning Commission Members present were: Chair Judi Roland, Vice -Chair Copple,
Commissioner Mason, Commissioner Lee, and Commissioner Smith. Commissioner
Baggett is excused.
Staff present included: Assistant Director of Community Development, Jeff Tate; City
Attorney Dan Heid; Planning Services Manager Jeff Dixon, and Community
Development Secretary Tina Kriss.
Members of the public present: No members of the public were present.
III. APPROVAL OF MINUTES
A. June 2, 2015
Commissioner Copple moved and Commissioner Smith seconded to approve the
minutes from the June 2, 2015 meeting as written.
MOTION CARRIED UNANIMOUSLY. 5 -0
IV. PUBLIC COMMENT
There were no public comments on any item not listed on the agenda for discussion or
public hearing.
V. PLANNING DEPARTMENT REPORT
Assistant Director Tate reported that the Temporary Certificate of Occupancy has been
issued for the Trek Apartments July 1, 2015. According to information supplied,
approximately 1/4 of the apartment spaces have been leased.
The Student Life and Trades buildings that have been under construction at Green River
College Campus are almost complete.
VI. OTHER BUSINESS
A. 2015 Comprehensive Plan Annual Amendments
Planning Services Manager, Jeff Dixon, introduced and briefed the Commission on
the annual 2015 Comprehensive Plan Amendments. The annual amendments
consist of City- initiated amendments and also private- initiated text or map
amendments. Private - initiated amendments are submitted through an application
process in early June. The City received one private- initiated map amendment this
year along. Last year the City received two private- initiated map amendments that
PLANNING COMMISSION MEETING MINUTES July 7, 2015
were incomplete upon submittal. After discussing the applications with the Applicant,
The Applicant from last year agreed to postpone processing. If ready, it is now
proposed all three private- initiated amendments would be processed this year. The
"docket" of amendments is also proposed to include the city initiated amendments of
the four school district annual capital facilities plans along with the city's own capital
facilities plan. A schedule and additional detail will be subsequently provided.
B. Recreational Vehicles as Dwelling Units
Assistant Director Tate presented the staff report regarding proposed zoning code
amendment regarding Recreational Vehicles (RV) as Dwelling Units. He explained
that the concept of a code amendments on this topic were brought before City
Council for discussion during the June 8, 2015 study session and the City Council
generally concurred with the feedback of the Planning Commission at their June 2,
2015 meeting. That temporary RV living on a property with an existing single family
residence may be appropriate subject to limitations. The draft code will need to
specify the circumstances under which temporary use is allowed contrasted with not
allowing on a permanent basis.
Assistant Director Tate reviewed the updated, draft code amendment that includes a
new provision under the Temporary Use code Section outlined in Chapter 18.46A.
The new provision would allow property owners to obtain a Type 1 Temporary Use
Permit (land use approval) for a period not to exceed 90 days (consecutive days) to
allow the placement and occupancy of a Recreational Vehicle on a property with an
existing single family residence. A Type 1 Temporary Use Permit carries a fee of
$96.00. Proposed Ordinance No. 6565 was reviewed and staff explained what minor
modifications would be added before it is brought back to the Planning Commission.
After discussing the fees for the permit, the Commission expressed that they would
like to eliminate the fee for a Type 1 Temporary Use Permit for this specific purpose.
Staff explained that in order to eliminate a fee, an amendment to the City's adopted
fee schedule would have to take place requiring action by City Council to do so.
The Planning Commission also expressed that they would like the option to have
more than one extension of the temporary use permit.
The Commission and staff discussed the option of a ninety (90) -day extension and
the language provided in the draft code on Page 7., section g.ii., "prima fascia
evidence" and if that language was best suited for the permit. City Attorney Heid
explained the purpose for the language in support of having an extension on the
permit and the burden of proof for an extension.
The Commission pointed out that Page 9., Section 3.d. states that the length of time
a Temporary trailer or prefabricated building will be used is the maximum needed to
address the hardship but no longer than one year, unless otherwise extended by the
planning director or designee, and that this seems to be unfair in light of a hardship
for an individual living in a RV due to economic issues. Staff pointed out that it is
extremely rare that the City receives a complaint on temporary trailers or
prefabricated buildings on a commercially developed site but common to received
complaints regarding RVs as a temporary living space on residentially -zoned
property.
Page 2
PLANNING COMMISSION MEETING MINUTES July 7, 2015
The Commission suggested the following proposed alternative language be added
on Page 7, after Section g.ii.
• Add item "g.iii." - The number of occupants allowed to dwell in the
Temporary RV dwelling unit shall not exceed the manufacturer's
Recreational Vehicle (RV) capacity rating and that any registration or permit
issued would not exceed the maximum rating for occupancy.
• Add item "g.iv." - The temporary dwelling unit being used as a temporary
living space must be fully self- contained with plumbing, heating, electrical,
fire extinguishers, smoke detection, and kitchen provisions for ecology,
Health, Life and Safety standards
After a discussion with staff on the cost of the permit, and the desire to ensure that
ecology protection and Health, Life and Safety standards are ensured, the
Commission recommended having more of a "registration" program instead of a
"permit" program. This would allow staff to make contact with the occupant and
provide information for services or assistance rather than having a Temporary Use
Permit (land use permit). Staff will being working on this language to bring back to
the Commission for consideration.
The next regularly scheduled meeting will be held August 5th, 2015. The September
meeting will be modified in response to the holiday and held September 9, 2015.
VII. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 9:21 p.m.
Page 3
CITY OF
`-mg°. WASHINGTON
TO: Planning Commission
MEMORANDUM
FROM: Jeff Tate, Assistant Director of Community Development
DATE: August 28, 2015
RE: Recreational Vehicles as Dwelling Units
Background
On June 2, 2015 staff presented draft code language to the Planning Commission pertaining to
the use of Recreational Vehicles (RV) as dwelling units. The draft amendments would have had
the effect of outlawing the use of RV's as dwelling units unless they were located in an
approved RV park or as a temporary residence during the construction of a permanent primary
single family residence.
Commissioner Smith questioned the prohibition and offered that it is appropriate to allow
someone to live an RV on a family member or friend's property that already has a permanent
single family residence. Commissioner Smith indicated that this might be someone's only
option and that a prohibition may lead to forcing someone into homelessness. While there was
no vote on this matter, it appeared as though the majority of Planning Commissioners were
supportive of some limited allowance to accommodate this circumstance.
On June 8, 2015 staff presented the same draft code amendments to City Council during a
study session discussion. Staff also relayed the general thoughts of Planning Commission that
temporary RV living on a property with an existing single family residence may be appropriate
subject to limitations. City Council generally concurred.
On July 7, 2015 staff presented a revised version of the draft amendments that incorporated
provisions that allowed for a property owner to obtain a Temporary Use Permit for living within
an RV for a limited duration. Planning Commission questioned the need and cost associated
with a Temporary Use Permit and request staff to consider an alternative method of allowing,
but limiting, living within an RV. In particular, Planning Commission encouraged a no fee permit
or registration system.
Discussion
The attached updated draft code amendment includes a new provision allowing an RV to be
placed on a property, and lived within, for a duration not to exceed 90 days provided that the
property owner registers the RV with the City at no cost.
Attached for Planning Commission consideration is draft Ordinance No. 6565.
ORDINANCE NO. 6 5 6 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
18.04.330, 18.07.020, 18.46A.050 AND 18.46A.070 OF THE
AUBURN CITY CODE RELATING TO RECREATIONAL
VEHICLES AS DWELLING UNITS
WHEREAS, City of Auburn code enforcement officers routinely receive inquiries and
complaints regarding people who were residing in recreational vehicles not located in
recreational vehicle parks; and
WHEREAS, insofar as the use of recreational vehicles for dwelling purposes when not
supported by city utility services and not located in areas that accommodate the residential use
creates concerns for traffic, safety and health conditions; and
WHEREAS, other than when the use of a recreational vehicle for dwelling purposes is a
temporary use associated with the construction of a permanent dwelling unit on the same site, it
is appropriate to promote the location of recreational vehicles when used as dwelling units in
recreational vehicle parks where suitable facilities and amenities are available; and
WHEREAS, insofar as the city code does not currently address this issue, it is
appropriate to amend pertinent sections to address the use of recreational vehicles as dwelling
units; and
WHEREAS, on June 2, 2015, the City of Auburn Planning Commission held a public
hearing to hear comments regarding recreational vehicles as dwelling units, and following the
public hearing and the receipt of comments and discussion related thereto, the Planning
Commission moved to forward to the City Council its recommendations regarding recreational
vehicles as dwelling units, set forth herein below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows
Ordinance No. 6565
August 28, 2015
Page 1 of 16
Section 1. AMENDMENT TO CITY CODE. That Section 18.04.330 of the
City Code be, and the same is hereby amended to read as follows:
18.04.330 Dwelling.
"Dwelling" means a building designed exclusively for residential purposes
for occupancy by a person, family, or unrelated group with one or more rooms for
living and sleeping purposes, containing kitchen facilities and rooms with internal
accessibility, including single - family, two - family, multiple - family dwellings, and
townhouse dwellings but not including recreational vehicles, or hotels or motel
units without kitchens (Ord. 6477 § 3, 2013; Ord. 6245 § 3, 2009; Ord. 4229 § 2,
1987.)
Section 2 AMENDMENT TO CITY CODE. That Section 18.07.020 of the
City Code be, and the same is hereby amended to read as follows:
18.07.020 Uses.
Table 18.07.020
Permitted Use Table — Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
RC
R -1
R -5
R -7
R -10
R -16
R -20
A. Residential Uses.
Accessory dwelling units
P
P
P
P
X'
X'
X'
Accessory use, residential
P
P
P
P
P
P
P
Adult family home
P
P
P
P
P
P
P
Bed and breakfast
P
P
P
P
P
P
P
Communal residence four or less individuals
P
P
P
P
P
P
P
Duplexes; provided, that minimum lot size of
zoning designation is met and subject to
compliance with Chapter 18.25 ACC (Infill
Residential Development Standards)
X
X
A
P
P
P
X
Foster care homes
P
P
P
P
P
P
P
Group residence facilities (7 or more
residents)
X
X
X
X
C
C
C
Group residence facilities (6 or fewer
P
P
P
P
P
P
P
Ordinance No. 6565
August 28, 2015
Page 2 of 16
Table 18.07.020
Permitted Use Table — Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
RC
R -1
R -5
R -7
R -10
R -16
R -20
residents)
Keeping household pets'
Pz
Pz
Pz
Pz
Pz
Pz
Pz
Multiple - family dwellings
X
X
X
X
A
P
P
Neighborhood recreational buildings and
facilities owned and managed by the
neighborhood homeowners' association
A6
A6
A6
A6
A6
P
P
Use as dwelling units of (1) recreational
X
—
X
—
X
—
X
—
X
—
X
—
X
—
vehicles that are not part of an approved
recreational vehicle park, (2) boats, (3)
automobiles, and (4) other vehicles
Renting of rooms, for lodging purposes only,
to accommodate not more than two persons
in addition to the family or owner occupied
unit'
P
P
P
P
P
P
P
Residential care facilities including but not
limited to assisted living facilities,
convalescent homes, continuing care
retirement facilities
P
P
X
X
A
P
P
Single- family detached dwellings, new
P
P
P
P
P
P
X
Supportive housing, subject to the
provisions of ACC 18.31.160
X
X
X
X
X
P
P
Swimming pools, tennis courts and similar
outdoor recreation uses only accessory to
residential or park uses
P
P
P
P
P
P
P
Townhouses (attached)
X
X
X
X
P
P
P
B. Commercial Uses.
Commercial horse riding and bridle trails
A
X
X
X
X
X
X
Commercial retail, included as part of
X
X
X
X
A
A
A
1 An owner occupant that rents to more than two persons but no more than four persons is required to obtain a
City of Auburn Rental Housing Business License and shall meet the standards of the International Property
Maintenance Code.
Ordinance No. 6565
August 28, 2015
Page 3 of 16
Table 18.07.020
Permitted Use Table — Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
RC
R -1
R -5
R -7
R -10
R -16
R -20
mixed -use development and not a home
occupation in compliance with Chapter
18.60 ACC
Daycare, limited to a mini daycare center.
Daycare center, preschool or nursery school
may also be permitted but must be located
on an arterial
X
A
A
A
A
A
A
Home -based daycare as regulated by RCW
35.63.185 and through receipt of approved
city business license
P
P
P
P
P
P
P
Home occupations subject to compliance
with Chapter 18.60 ACC
P
P
P
P
P
P
P
Mixed -use development'
X
X
X
X
P
P
P
Nursing homes
X
X
X
X
C
C
C
Private country clubs and golf courses,
excluding driving ranges
X
X
C
C
C
X
X
Privately owned and operated parks and
playgrounds and not homeowners'
association -owned recreational area
X
A
A
A
A
P
P
Professional offices, included as part of
mixed -use development and not a home
occupation in compliance with Chapter
18.60 ACC
X
X
X
X
A
A
A
C. Resource Uses.
Agricultural enterprise:'
When 50 percent, or more, of the total site
area is dedicated to active agricultural
production during the growing season, and
with 52 or less special events per calendar
year
A'
X
X
X
X
X
X
When less than 50 percent of the total site
area is dedicated to active agricultural
production during the growing season, or
with more than 52 special events per
C'
X
X
X
X
X
X
Ordinance No. 6565
August 28, 2015
Page 4 of 16
Table 18.07.020
Permitted Use Table — Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
RC
R -1
R -5
R -7
R -10
R -16
R -20
calendar year
Agricultural type uses are permitted
provided they are incidental and secondary
to the single - family use:
Agricultural crops and open field growing
(commercial)
P
X
X
X
X
X
X
Barns, silos and related structures
P
X
X
X
X
X
X
Commercial greenhouses
P
X
X
X
X
X
X
Pasturing and grazing'
P
X
X
X
X
X
X
Public and private stables'
P
X
X
X
X
X
X
Roadside stands, for the sale of agricultural
products raised on the premises. The stand
cannot exceed 300 square feet in area and
must meet the applicable setback
requirements
P
X
X
X
X
X
X
Fish hatcheries
C
X
X
X
X
X
X
D. Government, Institutional, and Utility Uses.
Civic, social and fraternal clubs
X
X
X
X
A
A
A
Government facilities
A
A
A
A
A
A
A
Hospitals (except animal hospitals)
X
X
X
X
X
C
C
Municipal parks and playgrounds
A
P
P
P
P
P
P
Museums
X
X
X
X
A
A
A
Religious institutions, less than one acre lot
size
A
A
A
A
A
A
A
Religious institutions, one acre or larger lot
size
C
C
C
C
C
C
C
Transmitting towers
C
C
C
C
C
C
C
Type 1 -D Wireless Communication Facility
P
P
P
P
P
P
P
Ordinance No. 6565
August 28, 2015
Page 5 of 16
Table 18.07.020
Permitted Use Table — Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
RC
R -1
R -5
R -7
R -10
R -16
R -20
(see ACC 18.04.912(J))
Utility facilities and substations
C5
C5
C5
C5
C5
C5
C5
1. An accessory dwelling unit may be permitted with an existing single - family residence pursuant to ACC 18.31.120.
2. Please see the supplemental development standards for animals in ACC 18.31.220.
3. Individual uses that make up a mixed -use development must be permitted within the zone. If a use making up part
of a mixed -use development requires an administrative or conditional use permit, the individual use must apply for
and receive the administrative or conditional use approval, as applicable.
4. Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is regulated by
the King or Pierce County board of health, and property owners shall comply with the provisions of the King County
board of health code.
5. Excludes all public and private utility facilities addressed under ACC 18.02.040(E).
6. Administrative use permit not required when approved as part of a subdivision or binding site plan.
7. Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210, Agricultural
enterprises development standards.
(Ord. 6560 § 9, 2015; Ord. 6477 § 8, 2013; Ord. 6369 § 2, 2011; Ord. 6363 § 3,
2011; Ord. 6269 § 3, 2009; Ord. 6245 § 5, 2009.)
Section 3 AMENDMENT TO CITY CODE. That Section 18.46A.050 of the
City Code be, and the same is hereby amended to read as follows:
18.46A.050 Exemptions (Temporary Use Permits) .
The following activities are exempt from the permit requirements of this chapter,
but shall comply with other substantive requirements of this chapter, unless
specifically noted otherwise:
A. Garage sales and yard sales; provided, that the following are complied
with:
1. Sales last no longer than three days;
2. Sales are conducted on the owner's property. Multiple - family sales are
permitted if they are held on the property of no more than three contiguous
properties of the participants;
Ordinance No. 6565
August 28, 2015
Page 6 of 16
3. Signs shall comply with Chapter 18.56 ACC (Signs), as applicable, and
must be removed within 24 hours of completion of the sale;
B. City- sponsored events and activities;
C. Uses regulated or exempted by Chapter 18.60 ACC (Home
Occupations);
D. Fireworks stands operating under a permit issued by the city of
Auburn and the fire marshal's office;
E. The placement of uses and structures in response to a
proclamation of civil emergency pursuant to ACC 2.75.070 to provide emergency
services to individual citizens or property owners or businesses;
F. City improvement projects pursuant to ACC 18.02.040(E);
G. Temporary offices, construction staging, equipment storage and
other similar activities on a site upon which public buildings or structures are
being constructed, remodeled or otherwise modified.
H. On a residential property that already has a permitted single family
residence, the use of one (1) recreational vehicle for temporary living when not
associated with active constuction of a single family dwelling shall be allowed for
not more than ninety (90) calendar days in any calendar year. Use of one (1)
recreational vehicle on a property with a single family residence for more than
ninety (90) calendar days in any calendar year shall be considered prima facie
evidence of being detrimental to the neighborhood. Recreational vehicles that
are utilized for temporary living shall be registered with the City of Auburn,
without fee, prior to starting in order to monitor compliance with the 90 -day
limitation.
Section 4 AMENDMENT TO CITY CODE. That Section 18.46A.070 of the
City Code be, and the same is hereby amended to read as follows:
18.46A.070 General and specific temporary use permits.
A. General Type I Temporary Use Permits. In accordance with ACC
18.46A.030, the planning director or designee may approve the following general
Type I temporary uses and structures:
1. For all zoning districts:
Ordinance No. 6565
August 28, 2015
Page 7 of 16
a. Temporary use of land to conduct nonprofit events of up to six
calendar days or less, where the events are of a kind not typically used by the
sponsor at the location or site of the event;
b. Temporary parking facilities for private uses for four weeks or less
per year;
c. Temporary fencing for public or private uses for four weeks or less
per year;
d. Temporary use of privately owned property for temporary offices,
construction trailers, materials storage, equipment storage or vehicle parking
essential to and only in conjunction with the construction or building of public
buildings, structures, road, or utility improvements.
2. For residential zoning districts:
a. Temporary modular sales and leasing offices for on -site residential
development properties;
b. Placement of tents, canopies, or membrane structures for zero to
two weeks per year that meet setbacks of the underlying zone;
c. Placement of portable moving and storage containers for no greater
than three weeks per year;
d. On -site temporary caretaker trailers for private or nonprofit
residential construction;
e. On -site temporary construction trailers and offices and storage
areas for construction materials and equipment for private or nonprofit residential
construction;
f. Special events such as a community block party, neighborhood
parade or similar event involving multiple properties and causing temporary
impacts to public rights -of -way or potential increased need for public services.
q. Living within a recreational vehicle as a temporary dwelling unit on
property when a building permit to construct a permanent single family residential
dwelling unit has been issued and construction activity remains active.
3. For nonresidential zoning districts:
a. Commercial carnivals, circuses and shows;
b. Temporary sales and leasing offices for on -site commercial or
industrial development properties;
c. On -site temporary construction trailers and offices and storage
areas for construction materials and equipment for commercial, industrial or
institutional construction;
d. On -site temporary caretaker trailers for commercial, industrial or
institutional construction sites;
e. Temporary changes of uses and associated temporary structures
for four weeks or less per year;
f. Temporary mobile sales for the sale of plants, flowers, books,
crafts, produce, beverages, food, and other similar items in a single location for
no more than two hours per day;
g. Placement of commercial storage containers for no more than three
weeks per year;
Ordinance No. 6565
August 28, 2015
Page 8 of 16
h. Special events such as a weekend sales event or outdoor concert
causing temporary impacts to public rights -of -way or potential increased need for
public services;
Holiday - related seasonal sales lots along with their associated
temporary structures subject to compliance with the following:
Applicant demonstrates written proof of property owner permission
for use of the subject property;
ii. Adequate off - street parking is provided;
iii. The use will not interfere with adequate vision clearance, as
governed by the city of Auburn engineering design standards, as amended;
iv. The use will not obstruct pedestrian access on public rights -of -way;
v. Signage shall comply with the city's signage regulations;
vi. Compliance to conditions required by the building official and fire
marshal for minimum building, fire and life safety codes;
vii. Adequate provisions for trash disposal and sanitary facilities are
provided.
j. Agricultural seasonal sale of produce subject to compliance with
the following:
Demonstrates written proof of property owner permission for use of
the subject property;
ii. Adequate off - street parking is provided;
iii. The use will not interfere with adequate vision clearance, as
governed by the city of Auburn engineering design standards, as amended;
iv. The use will not obstruct pedestrian access on public rights -of -way;
v. Signage shall comply with the city's signage regulations;
vi. Compliance to conditions required by the building official and fire
marshal for minimum building, fire and life safety codes;
vii. Adequate provisions for trash disposal and sanitary facilities are
provided.
B. General Type II Temporary Use Permits. In accordance with ACC
18.46A.030, the planning director or designee may approve the following general
Type II temporary uses and structures:
1. For all zoning districts:
a. Temporary use of land in order to conduct a nonprofit event for
seven calendar days or more in any such event;
b. Temporary storage of buildings and structures not permanently
affixed or constructed or otherwise permanently situated on a property;
c. Temporary parking facilities for private uses for greater than four
weeks per year;
d. Temporary fencing for public or private uses for greater than four
weeks per year.
2. For residential zoning districts:
a. Placement of tents, canopies, or membrane structures for greater
than two weeks per year that meet setbacks of the underlying zone;
b. Placement of personal use storage containers for greater than
three weeks but no more than 12 weeks per year;
Ordinance No. 6565
August 28, 2015
Page 9 of 16
c. Off -site temporary construction trailers and offices and storage
areas for construction materials and equipment for residential construction;
d. Temporary use of the following equipment on private property
essential to and only in conjunction with the construction or building by the city,
another public agency or a private party of a road, bridge, ramp, dock, and /or
jetty in proximity to the approved construction site:
Portable asphalt or concrete mixing plants;
ii. Portable concrete batching plants;
Portable rock crushing plants;
iv. Accessory equipment essential to the use of the aforementioned
plants.
3. For nonresidential zoning districts:
a. Off -site temporary construction trailers and offices and storage
areas for construction materials and equipment for commercial, industrial or
institutional construction;
b. Temporary mobile sales for the sale of plants, flowers, books,
crafts, produce, beverages, food, and other similar items in a single location for
more than two hours per day;
c. Temporary changes of uses and associated temporary structures
for more than four weeks per year;
d. Temporary trailer or prefabricated building. The planning director or
designee may approve, approve with conditions or deny a temporary trailer or
prefabricated building for use on any real commercial or industrial zoned property
within the city as a temporary commercial or industrial office or space associated
with the primary use on the property, but for no other purpose, providing that the
applicant demonstrates compliance with the following criteria in addition to the
approval criteria specified in ACC 18.46A.080:
The temporary structure shall be located within the boundaries of
the parcel of land on which it is located;
ii. The temporary structure is in conformance with all applicable
building and fire codes;
iii. The property to be used for a temporary structure shall already be
developed;
iv. There exists adequate and safe ingress and egress when
combined with the other uses of the property;
v. There exists adequate sight distance;
vi. There exists adequate parking for the customers or users of the
temporary use in conformance with the city's parking standards, as applicable;
vii. The use will pose no hazard to pedestrians in the area of the use;
viii. The use will not create adverse off -site impacts including noise,
odors, vibrations, glare or lights which will affect the adjoining uses in accordance
with the provisions of ACC 18.31.180;
ix. The use can adequately be served by sewer or septic system and
water, if applicable; and
Ordinance No. 6565
August 28, 2015
Page 10 of 16
x. The length of time that the temporary building will be used is the
maximum needed to address the hardship but no longer than one year, unless
otherwise extended by the planning director or designee.
C. Specific Type I Temporary Use Permit — Temporary Gravel Parking
Facilities.
1. In accordance with ACC 18.46A.030, the planning director or
designee may issue a Type I temporary use permit for a temporary gravel
parking facility that serves municipal purposes. The planning director or designee
may issue a temporary use permit for a period up to 12 months if the planning
director or designee finds it is consistent with the following criteria in addition to
the approval criteria specified in ACC 18.46A.080:
a. The use will not result in significant drainage or other adverse
impacts;
b. The gravel parking area is not required for the purposes of meeting
the current minimum off - street parking requirements.
2. The planning director or designee may grant additional extensions
to the initial 12 -month validity period if he /she finds that such extension is
warranted and that the temporary use is still in compliance with all applicable
approval criteria.
D. Specific Type I Temporary Use Permit — Site Specific
Unforeseen /Emergency Situations.
1. In accordance with ACC 18.46A.030, the planning director or
designee may approve, approve with conditions or deny a request for approval of
an unforeseen /emergency situation(s) for a residential, commercial, industrial or
institutional building if the planning director or designee finds it is consistent with
the following criteria in addition to the approval criteria specified in ACC
18.46A.080:
a. The need for the use is the direct result of a casualty loss resulting
from damage or destruction by the elements, including but not limited to
earthquake or fire or windstorm or flood, or by human cause of a structure or
facility previously occupied on the premises for which the permit is sought;
b. There exists adequate and safe vehicular ingress and egress when
combined with the other uses of the property;
c. There exists adequate off - street or shared parking for the
temporary use;
d. The use will pose no hazard to pedestrians in the area of the use;
e. The use will not create adverse off -site impacts including noise,
odors, vibrations, glare or lights which will affect adjoining use, pursuant to ACC
18.31.180 and 18.46A.090;
f. The use can be adequately served by sewer or septic system and
water, if applicable;
g. The length of time that the temporary building will be used is the
maximum needed to address the hardship but no longer than one year, unless
otherwise extended by the planning director or designee.
E. Specific Type II Temporary Use Permit — Transitional Uses.
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August 28, 2015
Page 11 of 16
1. Existing agricultural and associated uses, which are not permitted
outright, may continue provided there are no new structures built in excess of
2,000 square feet, or the use is expanded five acres or less, unless a temporary
use permit is issued. In accordance with ACC 18.46A.030, the planning director
or designee may issue a Type 11 temporary use permit if he /she finds it is
consistent with the following criteria in addition to the approval criteria specified in
ACC 18.46A.080:
a. The use must be compatible or sufficient mitigating measures
available to make it compatible with adjacent permitted uses;
b. The use cannot be a detriment to adjacent permitted uses;
c. The use will not result in significant adverse impacts to the area.
2. The planning director or designee may establish a longer validity
period than that specified in ACC 18.46A.100 for a temporary use permit for the
transitional uses specified herein.
3. Upon encroachment of permitted uses into the area authorized for
a transitional use under a temporary use permit, the planning director or
designee may review the temporary use permit to determine if such use is no
longer compatible with the permitted uses and should be abated.
F. Specific Type 11 Temporary Use Permit — Homeless Encampment.
In accordance with ACC 18.46A.030, the planning director or designee may
issue a Type II temporary and revocable use permit for a homeless encampment
subject to the following criteria and requirements:
1. Procedural Approval.
a. The sponsoring agency shall notify the city of the proposed
homeless encampment a minimum of 30 days in advance of the proposed date
of establishment for the homeless encampment and at least 14 days before
submittal of the temporary use permit. The advance notification shall contain the
following information:
The date the homeless encampment will encamp;
ii. The length of the encampment;
iii. The maximum number of residents proposed; and
iv. The host location.
b. The sponsoring agency shall conduct at least one public
informational meeting within, or as close to, the neighborhood where the
proposed homeless encampment will be located, a minimum of two weeks prior
to the submittal of the temporary use permit application. The time and location of
the meeting shall be agreed upon between the city and sponsoring agency. All
property owners within 1,000 feet of the proposed homeless encampment shall
be notified at least 14 days in advance of the meeting by the sponsoring agency.
Proof of mailing shall be provided to the director of planning and development.
c. The temporary use permit application shall be accompanied by a
hold harmless agreement whereby the host agency and sponsoring agency
agree to indemnify the city of Auburn for, and hold it harmless from, all damages
that may result from the operation of the homeless encampment by such permit
grantee and shall pay all damages for which the permit grantee or the city of
Auburn shall be held liable as the result of injuries suffered by any person,
Ordinance No. 6565
August 28, 2015
Page 12 of 16
association or corporation by reason of the operation of the homeless
encampment; provided, that in case any claim is filed with the city of Auburn or
any suit or action is instituted against said city by reason of any such damage or
injury, the city council shall promptly cause written notice thereof to be given to
the grantee and the grantee shall have the right to defend any such suit or action.
2. Site Criteria.
a. If the sponsoring agency is not the host agency of the site, the
sponsoring agency shall submit a written agreement from the host agency
allowing the homeless encampment.
b. The property must be sufficient in size to accommodate tents and
necessary on -site facilities, including, but not limited to, the following:
Sanitary portable toilets in the number required to meet capacity
guidelines;
ii. Hand washing stations by the toilets and by the food areas;
Refuse receptacles;
iv. Food tent and security tent.
c. The host and sponsoring agencies shall provide an adequate water
source to the homeless encampment, as approved by the provider as
appropriate or other water service.
d. No homeless encampment shall be located within a critical area or
its buffer as defined under Chapter 16.10 ACC.
e. No permanent structures will be constructed for the homeless
encampment.
f. No more than 100 residents shall be allowed. The city may further
limit the number of residents as site conditions dictate.
g. Adequate on -site parking shall be provided for the homeless
encampment. No off -site parking will be allowed. The number of vehicles used by
homeless encampment residents shall be provided. If the homeless encampment
is located on site with another use, it shall be demonstrated that the homeless
encampment parking will not create a shortage of code - required on -site parking
for the other uses on the property.
h. The homeless encampment shall be within a quarter mile of a bus
stop with seven days per week service, whenever possible. If not located within a
quarter mile of a bus stop, the sponsoring agency must demonstrate the ability
for residents to obtain access to the nearest public transportation stop (such as
carpools or shuttle buses).
The homeless encampment shall be adequately buffered and
screened from adjacent right -of -way and residential properties. Screening shall
be a minimum height of six feet and may include, but is not limited to, a
combination of fencing, landscaping, or the placement of the homeless
encampment behind buildings. The type of screening shall be approved by the
city.
j. All sanitary portable toilets shall be screened from adjacent
properties and rights -of -way. The type of screening shall be approved by the city
and may include, but is not limited to, a combination of fencing and /or
landscaping.
Ordinance No. 6565
August 28, 2015
Page 13 of 16
k. The sponsoring agency shall be responsible for the cleanup of the
homeless encampment site within seven calendar days of the encampment's
termination.
3. Security.
a. An operations and security plan for the homeless encampment
shall be submitted and approved by the city.
b. The host agency shall provide to all residents of the homeless
encampment a code of conduct for living at the homeless encampment. A copy
of the code of conduct shall be submitted to the city at the time of application.
c. All homeless encampment residents must sign an agreement to
abide by the code of conduct and failure to do so shall result in the noncompliant
resident's immediate and permanent expulsion from the property.
d. The sponsoring agency shall keep a log of all people who stay
overnight in the encampment, including names and birth dates, and dates of
stay.
e. The sponsoring agency shall take all reasonable and legal steps to
obtain verifiable identification, such as a driver's license, government- issued
identification card, military identification or passport from prospective and existing
encampment residents.
f. The sponsoring agency will use identification to obtain sex offender
and warrant checks from the Pierce County or King County sheriff's office or
relevant local police department.
If said warrant and sex offender checks reveal either: (A) an
existing or outstanding warrant from any jurisdiction in the United States for the
arrest of the individual who is the subject of the check; or (B) the subject of the
check is a sex offender, required to register with the county sheriff or their county
of residence pursuant to RCW 9A.44.130, then the sponsoring agency will reject
the subject of the check for residency to homeless encampment or eject the
subject of the check if that person is already a homeless encampment resident.
ii. The sponsoring agency shall immediately contact the Auburn police
department if the reason for rejection or ejection of an individual from the
homeless encampment is an active warrant, is due to the individual being a sex
offender required to register and /or if, in the opinion of the on -duty executive
committee member or the on -duty security staff, the rejected /ejected person is a
potential threat to the community.
g. The sponsoring agency shall self - police and self- manage its
residents and prohibit alcohol, drugs, weapons, fighting, and abuse of any kind,
littering or disturbing neighbors while located on the property.
h. The sponsoring agency will appoint an executive committee
member to serve on -duty at all times to serve as a point of contact for city of
Auburn police and will orient the police as to how the security operates. The
names of the on -duty executive committee members will be posted daily in the
security tent. The city shall provide contact numbers of nonemergency personnel,
which shall be posted at the security tent.
4. Timing.
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August 28, 2015
Page 14 of 16
a. The maximum continuous duration of a homeless encampment
shall be 90 days. Citywide, the total maximum number of days homeless
encampments may operate in the city shall not exceed 180 days in any 24 -month
period (e.g., two homeless encampments each operating 90 days (maximum 180
days total) may be allowed in a 24 -month period).
b. No more than one homeless encampment may be located in the
city at any time.
5. Health and Safety.
a. All temporary structures within the homeless encampment shall
conform to all building codes.
b. The homeless encampment shall conform to the following fire
requirements:
Material used as roof covering and walls shall be of flame retardant
material.
ii. There shall be no open fires for cooking or heating.
No heating appliances within the individual tents are allowed unless
the appliance is designed and licensed for that purpose.
iv. No cooking appliances other than microwave appliances are
allowed.
v. An adequate number and appropriate rating of fire extinguishers
shall be provided as approved by the fire department.
vi. Adequate access for fire and emergency medical apparatus shall
be provided. This shall be determined by the fire department.
vii. Adequate separation between tents and other structures shall be
maintained as determined by the fire department.
viii. Electrical service shall be in accordance with recognized and
accepted practice; electrical cords are not to be strung together and any cords
used must be approved for exterior use.
c. The sponsoring and host agencies shall permit inspections by
Auburn staff and the King County health department at reasonable times without
prior notice for compliance with the conditions of this permit.
6. Termination. If the sponsoring agency fails to take action against a
resident who violates the terms and conditions of this permit, it may result in
immediate termination of the permit. If the city learns of uncontrolled violence or
acts of undisciplined violence by residents of the encampment and the
sponsoring agency has not adequately addressed the situation, the temporary
use permit may be immediately terminated. (Ord. 6287 § 2, 2010; Ord. 6268 § 2,
2009.)
Section 4. IMPLEMENTATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Ordinance No. 6565
August 28, 2015
Page 15 of 16
Section 5. SEVERABILITY. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided by law.
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
PUBLISHED:
Ordinance No. 6565
August 28, 2015
Page 16 of 16
FIRST READING:
SECOND READING:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR