HomeMy WebLinkAbout03-07-2017 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
March 7, 2017
AGENDA
I. CALL TO ORDER – 7:00 p.m., Council Chambers
A. ROLL CALL/ESTABLISHMENT OF QUORUM
B. PLEDGE OF ALLEGIANCE
II. APROVAL OF MINUTES
A. February 22, 2017
III. PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
IV. PUBLIC HEARING
A. Ordinance No. 6644, ZOA16-0004 - Amending the Residential Uses allowed in the
C-1 zone, and Development Standards for Mixed-Use Developments
Summary: Amending the list of allowed Residential uses in the C-1, Light Commercial
zoning district, and amending the development standards for mixed-use
developments.
V. OTHER BUSINESS
A. Discussion of Mixed Use Zone* (Gouk)
Summary: Discuss options for allowed uses in the Mixed Use Zone and the
development regulations that govern those uses.
B. Temporary Uses, Mobile Vendors and Food Trucks – Draft Code Changes*
(Tate)
Summary: Discuss ZOA16-0008, draft code changes to temporary uses, mobile
vendors, and food trucks.
C. Discussion of Open Space Zone* (Teague)
Summary: Discuss options for allowed uses in the Open Space Zone and the
development regulations that govern those uses.
D. Modification of Rules and Procedures* (Tate)
VI. COMMUNITY DEVELOPMENT REPORT
Update on Community Development Services activities.
VII. ADJOURNMENT
SPECIAL PLANNING COMMISSION
February 22, 2017
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:00 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
a.) ROLL CALL/ESTABLISHMENT OF QUORUM
Planning Commission Members present were: Chair Judi Roland, Commissioner
Mason, Commissioner Lee, Commissioner Stephens, Commissioner Moutzouris,
Vice-Chair Copple, Commissioner Shin, and Commissioner Smith.
Staff present included: City Attorney Heid, Assistant Police Chief Pierson; Director
of Community Development & Public Works Kevin Snyder, Assistant Director of
Community Development Services Jeff Tate, Assistant City Attorney Jessica Leiser;
Planning Services Manager Jeff Dixon, Senior Planner Dustin Lawrence, Senior
Planner Thaniel Gouk; and Office Assistant Jennifer Oliver.
Members of the public present: Craig Kruger, Michelle Bode, Arne Nelson, Kirk
Edwards, Philip Dawdy, and Tim Edwards.
b.) PLEDGE OF ALLEGENCE
II. APPROVAL OF MINUTES
A. February 7, 2017
The Commission pointed out a scrivener’s error in the Agenda. The date of the
APPROVAL OF MINUTES is noted as January 7, 2017 and needs to be amended
to state February 7, 2017.
Commissioner Copple moved and Commissioner Stephens seconded to approve
the minutes from the February 7, 2017 meeting as written and amend the Agenda,
APPROVAL OF MINUTES with the date of February 7, 2017.
MOTION CARRIED UNANIMOUSLY. 8-0
III. PUBLIC COMMENT
There was no public present for comments.
IV. OTHER BUSINESS
A. Discussion of C1, Light Commercial Code Changes
Senior Planner Thaniel Gouk presented the staff report on the C1, Light Commercial
Code Changes and staff reviewed the proposed code amendment changes. The
definition for “mixed use development” was updated to clarify that horizontal and
vertical development is included in mixed use development and the language
throughout the amendment has been updated to show consistency with this update.
Staff explained that per the recommendations provided by the Commission at their
SPECIAL PLANNING COMMISSION MEETING MINUTES January 22, 2017
Page 2
January 4th meeting, the proposed amendments include addressing the allowed uses
in the C-1 zone, recognizing that several projects were vested and allowed to have
residential development in the C-1 zone, they are noted as permitted uses in the
amendment rather than legal non-conforming. Staff reviewed other amendments
which provide general cleanup and of several zoning text inconsistencies.
The Commission and staff discussed the reason for calling out the ground floor uses
in detail. Staff explained that this was previously noted in the code and provides
clarity on the types of uses you would want or not want to have in a residential
development. By providing this information it also assists folks who are looking to
lease property when they are aware of the allowed use.
The Commission and staff discussed how the definition for work-live and live-work
would be incorporated within the amendments.
With no further questions from the Commission, the Commission and staff agreed to
bring back this item at the March 7, 2017 meeting for Public Hearing.
B. Proposed Ordinance No. 6642, Regulations of Marijuana related Businesses
within the Municipal Limits of the City of Auburn
Director of Community Development and Public Works, Kevin Snyder, provided an
overview of draft Ordinance No. 6642 regarding the regulation of marijuana related
businesses in the City of Auburn. City staff members involved in working on and
drafting the proposed ordinance were introduced.
Staff pointed out that this is an introduction to the draft ordinance and the intent is to
provide an overview and work with the Commission to answer any questions and
concerns as needed. Staff reminded the Commission that they received an updated
draft Ordinance No. 6642 which included amendments to Sections 5.20.250 and
several Sections of Title 18 of Auburn City Code. A hard copy of the updated draft
Ordinance No. 6642 (Version No. 2, February 22, 2017 – Auburn Planning
Commission) was provided to the Commissioners.
Director Snyder provided a PowerPoint presentation and explained that the city
previously passed Ordinance No. 6525 on September 2, 2014 and Ordinance No.
6613 on August 15, 2016. An overview of Ordinance No. 6525 and No. 6613 was
provided. Staff reviewed the current number of retailers, and producers/processors
located within the city.
Staff reviewed the proposed zoning district limitations for marijuana related
businesses and cooperatives under proposed Ordinance No. 6642 and the new
proposed definition for Chapter 18.04. The proposed development standards for
Marijuana Related Businesses under Chapter 18.59 was discussed. Staff explained
proposed Ordinance No. 6642 would allow a maximum of 3 retailers, and provide a
proposed maximum square footage of marijuana processors / producers. Staff
opened a discussion on a public review process.
The Commission thanked staff for providing the current status of retailers, producers
/ processors and code enforcements activity within the city.
SPECIAL PLANNING COMMISSION MEETING MINUTES January 22, 2017
Page 3
The Commission and staff reviewed map Options 1, 2, and 3 showing the
geographic spacing effects or separation requirements of a marijuana business.
The Commission and staff discussed future school locations and if the separation
requirements of these future locations would be noted within the map, Assistant
Director Tate explained that the draft language for required geographic separation
within proposed Ordinance No. 6642 does not apply to future uses, only to existing
facilities.
Commissioner Lee asked if there would be a consideration within the required
geographic separation for known land dedicated for future schools by a school
district. In answer to the question, Director Snyder explained that the Commission
could, in their recommendation to City Council, modify proposed Ordinance No. 6642
to include property that has been purchased for the development of future schools to
satisfy the required geographic separation. The Commission and staff discussed
possible language that could be included for properties that the school district owns
that are not intended for future school development such as their bus barn. As
requested by the Commission, staff will work on language for the ordinance and the
identification of these properties.
The Commission and staff discussed the current vesting of retail marijuana related
businesses and the language provided in proposed Auburn City Code Section
18.59.060 E. (Discontinuance). Staff explained that according to this section if an
existing marijuana retail use is discontinued or abandoned for a period of six (6)
months with the intention of abandoning that use, then the property shall forfeit first-
in-time status.
The Commission and staff discussed the current number of retailers and the allowed
number under state law. Staff explained how the licenses under I-502 were
allocated and the methodology the state used for allocating those licenses and the
later changes made by revised state requirements for state marijuana regulations,
including marijuana processors, producers, retailers, and cooperatives.
A discussion was held regarding the precinct majority support by the citizens of
Auburn regarding marijuana. City Attorney Heid reported that approximately fifty-five
percent of the vote was in support of legalizing marijuana. The Commission and
staff discussed marijuana related issues regarding minors and health risks within
Auburn, King County, and the nation as a whole.
The Commission and staff discussed the polling of citizens of the City of Auburn to
determine their thoughts related to marijuana related businesses. After discussion
the Commission expressed their desire to conduct an on-line citywide poll to get
community feedback on the city’s regulation of marijuana.
After discussing draft Ordinance No. 6642, the Commission requested the following
information from staff:
SPECIAL PLANNING COMMISSION MEETING MINUTES January 22, 2017
Page 4
Sales Tax Information for Marijuana Retail Stores (within the city and
nationally)
School district property issues and future school district sites for the
inclusion in geographic separation options
Social impact data – national or regional or local depending on available
Draft polling questions and the polling process
Heat Map for Vulnerability Issues for South King County
The Commission and staff discussed holding another work session on March 21st to
continue to discuss the polling process and questions for the poll along with other
information staff will provide per the request by the Commission. Prior to the March
7, 2017 meeting staff agreed to forward any other requested information that has
been compiled to the Commission for discussion.
V. COMMUNITY DEVELOPMENT REPORT
The Commission and staff discussed various activities within the city and the status of
those projects and activities.
VI. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:43 p.m.
MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Ron Copple, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Thaniel Gouk, Senior Planner, Comm. Development & Public Works Dept.
DATE: February 27, 2017
RE: Ordinance No. 6644 – Amending the Residential Uses allowed in the C-1 zone, and
Development Standards for Mixed-Use Developments
Background / Summary:
On February 22, 2017, Staff presented draft code language to the Planning Commission
pertaining to changes to the development regulations for mixed-use developments. This
presentation also included the proposed amendments to the list of allowed Residential uses in
the C-1 zoning district, which the Planning Commission had previously recommended to the
City Council.
The proposed changes to the mixed-use development standards include clarifying language
and terminology, removing redundant code requirements, and other minor changes / updates.
The previously reviewed and recommended changes to the C-1 zone remain the same.
Current Action:
Attached for the Planning Commission’s consideration is draft Ordinance 6644. Staff
recommends the Commission recommend approval of the Ordinance, as proposed, to the City
Council.
Attached Exhibits:
Two exihibits are attached, the first is a clean version of the proposed amendments (Exhibit A),
the second is the draft proposed Ordinance 6644 (Exhibit B).
Planning Commission Public Hearing – March 7, 2017 Page 2 of 18
EXHIBIT A
Item 1:
Amend the zoning code definition for “mixed-use development”:
18.04.625 Mixed-use development. “Mixed-use development” means a single
unified development that incorporates the planned integration of two or more
different land uses consisting of some combination of office, light
industrial, hotel, retail, entertainment, public uses, along with residential
uses. Mixed-use development may be vertically oriented in one or more
buildings, or horizontally distributed on a development site. When
horizontally distributed, the different uses may be constructed concurrently
and in separate phases, and should incorporate common and/or complementary
features and/or elements such as pedestrian walkways, access driveways,
parking areas, architectural themes, or other techniques that provide
integration between uses on the site.
Item 2:
List of Residential uses allowed in the C-1 zone, previously discussed and recommended for
change by the Planning Commission at the November 9, 2016 hearing.
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USEs BY
ZONE
P – Permitted
C –
Conditional
A –
Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for
Specific Land
Uses C-N C-
1
C-
2
C-
3
C-
4
M-
1 EP M-
2
RESIDENTIAL
Caretaker apartment X P P P X P P P
Live/work X X P P P P P X
Work/live unit X P P P P P P X
Multiple-family dwellings as part of
a mixed-use development 2 X X P P P P P X ACC 18.57.030
Multiple-family dwellings, stand-
alone X X X X X X X X
Nursing home, assisted living
facility X P P P C X X X
Senior housing 2 X X A A X X X X
2 Any mixed-use development or senior housing project vested prior to
Resolution No. 5187 (December 7, 2015) are an outright permitted use in the
C-1 zone. Subsequently if a non-residential use within a vested mixed-use
development changes, then the non-residential use shall maintain a minimum of
10 percent of the cumulative building ground floor square footage consisting
Planning Commission Public Hearing – March 7, 2017 Page 3 of 18
of the uses permitted outright, administratively, or conditionally, listed
under “Recreation, Education, and Public Assembly”, “Retail”, or “Services”
of the C-1 zone.
Item 3:
Proposed amendments for mixed-use developments.
18.57.030 Mixed-Use Development.
A. All zones where permitted.
1. Multiple-family dwellings shall only occur concurrent with or
subsequent to the development and construction of the nonresidential
components of the mixed-use development;
2. Vertical mixed-use.
a. Mixed-use development comprised of a maximum of one building
on a development site shall have a minimum of 50 percent of the
ground floor comprised of one or more of the uses permitted
outright, administratively, or conditionally, listed under
“Recreation, Education, and Public Assembly”, “Retail”, or
“Services” in Table 18.23.030; provided, that uses normal and
incidental to the building, including, but not limited to,
interior entrance areas, elevators, waiting/lobby areas,
mechanical rooms, mail areas, garbage/recycling/compost storage
areas, and vehicle parking areas located on the ground floor
shall occupy a maximum of 50 percent of the ground floor space.
3. Horizontal mixed-use.
a. Mixed-use development comprised of two or more buildings shall
have a minimum of 25 percent of the cumulative building ground
floor square footage comprised of one or more of the uses
permitted outright, administratively, or conditionally, listed
under “Recreation, Education, and Public Assembly”, “Retail”, or
“Services” in Table 18.23.030; provided, that uses normal and
incidental to the building, including, but not limited to,
interior entrance areas, elevators, waiting/lobby areas,
mechanical rooms, mail areas, garbage/recycling/compost storage
areas, and vehicle parking areas located on the ground floor
shall not be included in this 25 percent requirement.
b. Mixed-use development comprised of two or more buildings
(horizontal mixed-use) shall be arranged with the required non-
residential building(s) located adjacent to the public street or
private street and the multi-family located behind. For a corner
lot or through lot, the non-residential building(s) shall be
located adjacent to higher classification street.
B. C-2 and C-4 Zones.
1. Vertical mixed-use development is required. 2. All other
requirements of Subsection A of this section shall apply.
C. C-3 Zone.
Planning Commission Public Hearing – March 7, 2017 Page 4 of 18
1. 1,200 square feet of lot area is required for each dwelling unit.
2. All other requirements of Subsection A of this section shall apply.
D. M-1 Zone.
1. Vertical mixed-use development is required.
2. Ground floor uses shall be comprised of one or more of the uses
permitted outright, administratively, or conditionally, listed under
“Retail” or “Services” in Table 18.23.030. All other requirements of
Subsection A of this section shall apply.
E. EP Zone.
1. The multiple-family development incorporates sustainable design and
green building practices and qualifies to be built green certified.
2. All other requirements of Subsection A of this section shall apply.
Planning Commission Public Hearing – March 7, 2017 Page 5 of 18
EXHIBIT B
ORDINANCE NO. 6 6 4 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS 18.04.625,
18.23.030, AND 18.57.035, OF THE CITY CODE, RELATING TO
THE RESIDENTIAL USES ALLOWED IN THE C-1, LIGHT
COMMERCIAL ZONING DISTRICT, AND DEVELOPMENT
STANDARDS FOR MIXED-USE DEVELOPMENT
WHEREAS, the City Council established a one-year moratorium, commencing on
December 7, 2015, under Resolution No. 5187, for accepting or processing applications,
permits, or other approvals for residential uses within the C -1, Light Commercial zoning
district; and,
WHEREAS, Resolution No. 5187 directed the Planning Commission and City Staff
to review and determine which uses listed under “Residential” in ACC Table 18.23.030
are appropriate within the C-1 zone; and,
WHEREAS, the Planning Commission discussed and determined which
Residential uses were appropriate in the C-1 zone at the October 4, 2016 Planning
Commission meeting; and,
WHEREAS, the Planning Commission held a public hearing on the proposed
amendments at the November 9, 2016 Planning Commission meeting, and made a
recommendation of the amendments to the City Council; and,
WHEREAS, a private application for a zoning text amendment was processed by
City Staff, culminating in issuance of a Determination of Nonsignificance (DNS) on
November 17, 2016. This private amendment request was proposing to amend a sec tion
of code the Planning Commission had recommended to be removed, specifically relating
to the uses allowed to satisfy the non-residential component of a previously approved
mixed-use development; and,
WHEREAS, the timing of this private application triggered a need for the City
Council to extend the moratorium established under Resolution No. 5187; and,
Planning Commission Public Hearing – March 7, 2017 Page 6 of 18
WHEREAS, the City Council extended the moratorium for an additional six months
under Resolution No. 5258, commencing on December 5, 2016; and,
WHEREAS, City Staff presented further amendments to address the private
application request along with further amendments to the development standards for
mixed-use developments to the Planning Commission at the January 4, 2017 and
February 22 Planning Commission meetings; and,
WHEREAS, the Planning Commission held a public hearing on the proposed
amendments at the March 7, 2017 Planning Commission meeting, and made a
recommendation of the amendments to the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN as follows:
Section 1. Amendment to City Code. That Section 18.04.625 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.04.625 Mixed-use development.
“Mixed-use development” means a single unified development that
incorporates the planned integration of two or more different land uses
consisting of some combination of office, light industrial, hotel,
retail, entertainment, public uses, along with and residential uses.
Mixed-use development may be vertically oriented in one or more
buildings, or geographically horizontally distributed on a development
site. When geographically horizontally distributed, the different uses
may be constructed concurrently and or in separate phases, and should
incorporate common and/or complementary features and/or elements such
as pedestrian walkways, access driveways, parking areas, architectural
themes, or other techniques that provide integration between uses on the
site.
Section 2. Amendment to City Code. That Section 18.23.020 of the Auburn
City Code be and the same hereby is amended to read as follows:
Planning Commission Public Hearing – March 7, 2017 Page 7 of 18
Table 18.23.030
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
LAND USE
Zoning Designation Standards
for Specific
Land Uses C-
N
C-
1
C-
2
C-
3
C-
4
M-
1 EP M-
2
INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING
Building contractor, light X X X P X P X P
Building contractor, heavy X X X X X A X P
Manufacturing, assembling and packaging –
Light intensity
X X X P X P P P ACC
18.31.180
Manufacturing, assembling and packaging –
Medium intensity
X X X A X P A P ACC
18.31.180
Manufacturing, assembling and packaging –
Heavy intensity
X X X X X X X A ACC
18.31.180
Outdoor storage, incidental to principal
permitted use on property
X X X P X P P P ACC
18.57.020(A)
Storage – Personal household storage
facility (mini-storage)
X P X P X P X P ACC
18.57.020(B)
Warehousing and distribution X X X X X P P C ACC
18.57.020(C)
Warehousing and distribution, bonded and
located within a designated foreign trade
zone
X X X P X P P P
Wholesaling with on-site retail as an
incidental use (coffee, bakery, e.g.)
X X X P X P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USEs
Commercial recreation facility, indoor X P P P P P P A
Commercial recreation facility, outdoor X X X A X P A A ACC
18.57.025(A)
Conference/convention facility X X A A X A X X
Library, museum X A A A X A P X
Meeting facility, public or private A P P P X A P A
Movie theater, except drive-in X P P P P X X X
Private school – Specialized
education/training (for profit)
A A P P P P P P
Religious institutions, lot size less than
one acre
A P P P A A A A
Religious institutions, lot size more than
one acre
C P P P A A A A
Sexually oriented businesses X X X P X P X P Chapter
18.74 ACC
Sports and entertainment assembly facility X X A A X A X A
Studio – Art, dance, martial arts, music,
etc.
P P P P P P A A
Planning Commission Public Hearing – March 7, 2017 Page 8 of 18
Table 18.23.030
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
LAND USE
Zoning Designation Standards
for Specific
Land Uses C-
N
C-
1
C-
2
C-
3
C-
4
M-
1 EP M-
2
RESIDENTIAL
Caretaker apartment X P P P X P P P
Live/work or work/live unit X PX P P P P P X
Work/live unit X P P P P P P X
Multiple-family dwellings as part of a
mixed-use development 2
X PX P P P P P X ACC
18.57.030(A)
Multiple-family dwellings, stand-alone X X X X X X X X ACC
18.57.030(B)
Nursing home, assisted living facility X P P P C X X X
Senior housing 2 X AX A A X X X X
RETAIL
Building and landscape materials sales X X X P X P X P ACC
18.57.035(A)
Construction and heavy equipment sales and
rental
X X X X X A X P
Convenience store A A P P X P P P
Drive-through espresso stands A A A P A P A A
Drive-through facility, including banks and
restaurants
A A A P P P X P ACC
18.52.040
Entertainment, commercial X A P P X A X A
Groceries, specialty food stores P P P P P P P X ACC
18.57.035(B)
Nursery X X X P A P X P ACC
18.57.035(C)
Outdoor displays and sales associated with
a permitted use (auto/vehicle sales not
included in this category)
P P P P P P P P ACC
18.57.035(D)
Restaurant, cafe, coffee shop P P P P P P P P
Retail
Community retail establishment A P P P P P X P
Neighborhood retail establishment P P P P P P X P
Regional retail establishment X X X P P P X A
Tasting room P P P P P P P P
Tavern P P X P P P X A
Wine production facility, small craft
distillery, small craft brewery
A P P P P P P P
SERVICES
Planning Commission Public Hearing – March 7, 2017 Page 9 of 18
Table 18.23.030
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
LAND USE
Zoning Designation Standards
for Specific
Land Uses C-
N
C-
1
C-
2
C-
3
C-
4
M-
1 EP M-
2
Animal daycare (excluding kennels and
animal boarding)
A A A P A P X P ACC
18.57.040(A)
Animal sales and services (excluding
kennels and veterinary clinics)
P P P P P P X P ACC
18.57.040(B)
Banking and related financial institutions,
excluding drive-through facilities
P P P P P P P P
Catering service P P P P A P A P
Daycare, including mini daycare, daycare
center, preschools or nursery schools
A P P P P P P X
Dry cleaning and laundry service (personal) P P P P P P P P
Equipment rental and leasing X X X P X P X P
Kennel, animal boarding X X X A X A X A ACC
18.57.040(C)
Government facilities, this excludes
offices and related uses that are permitted
outright
A A A A A A A A
Hospital X P P P X P X P
Lodging – Hotel or motel X P P P P A P A
Medical – Dental clinic P P P P P P X X
Mortuary, funeral home, crematorium A P X P X P X X
Personal service shops P P P P P P X X
Pharmacies P P P P P X X X
Print and copy shop P P P P P P X X
Printing and publishing (of books,
newspaper and other printed matter)
X A P P P P P P
Professional offices P P P P P P P P
Repair service – Equipment, appliances X A P P P P X P ACC
18.57.040(D)
Veterinary clinic, animal hospital A P P P P P X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Ambulance, taxi, and specialized
transportation facility
X X X A X P X P
Broadcasting studio X P X P X P X P
Heliport X X X C X C X C
Motor freight terminal 1 X X X X X X X X See Footnote
No. 1
Parking facility, public or commercial,
surface
X P P P P P P X
Planning Commission Public Hearing – March 7, 2017 Page 10 of 18
Table 18.23.030
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
LAND USE
Zoning Designation Standards
for Specific
Land Uses C-
N
C-
1
C-
2
C-
3
C-
4
M-
1 EP M-
2
Parking facility, public or commercial,
structured
X P P P P P P X
Towing storage yard X X X X X A X P ACC
18.57.045(A)
Utility transmission or distribution line
or substation
A A A A A A A A
Wireless communication facility (WCF) – – – – – – – – ACC
18.04.912,
18.31.100
VEHICLE SALES AND SERVICES
Automobile washes (automatic, full or self-
service)
X A X P P P X P ACC
18.57.050(A)
Auto parts sales with installation services X A A P P P X P
Auto/vehicle sales and rental X A X P X P X P ACC
18.57.050(B)
Fueling station X A A P P P X P ACC
18.57.050(C)
Mobile home, boat, or RV sales X X X P X P X P
Vehicle services – Repair/body work X X A P X P X P ACC
18.57.050(D)
OTHER
Any commercial use abutting a residential
zone which has hours of operations outside
of the following: Sunday: 9:00 a.m. to 10:00
p.m. or Monday – Saturday: 7:00 a.m. to
10:00 p.m.
A A A A A A A A
Other uses may be permitted by the planning
director or designee if the use is
determined to be consistent with the intent
of the zone and is of the same general
character of the uses permitted. See ACC
18.02.120(C)(6), Unclassified Uses.
P P P P P P P P
1 Any motor freight terminal, as defined by ACC 18.04.635, in existence as of the
effective date of the ordinance codified in this section, is an outright permitted use
in the M-1 and M-2 zone. Any maintenance, alterations and additions to an existing motor
freight terminal which are consistent with ACC 18.23.040, Development standards, are
allowed.
2 Any mixed-use development or senior housing project vested prior to Resolution No. 5187
(December 7, 2015) are an outright permitted use in the C-1 zone. Subsequently if a non-
residential use within a vested mixed-use development changes, then the non-residential
use shall maintain a minimum of 10 percent of the cumulative building ground floor square
footage consisting of the uses permitted outright, administratively, or conditionally,
listed under “Recreation, Education, and Public Assembly”, “Retail”, or “Services” of
the C-1 zone.
Planning Commission Public Hearing – March 7, 2017 Page 11 of 18
Section 3. Amendment to City Code. That Section 18.57.030 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.57.030 ResidentialMixed-Use Development.
A. Multiple-Family Dwellings as Part of a Mixed-Use Development.
1. C-1 Zone. Multiple-family dwelling as part of a mixed-use development
is allowed; provided, that compliance to all of the following is
demonstrated:
A. All zones where permitted.
a1. Multiple-family dwellings shall only occur concurrent with or
subsequent to the development and construction of the
nonresidential components of the mixed-use development;
b. Applications for mixed-use development inclusive of
multiple-family residential dwellings shall include transportation
and traffic analyses appropriate to the type and scale of the
proposed development based on the concurrent determination of the
planning director and city engineer. The planning director and city
engineer may require the analysis to address, including, but not
limited to, a.m. or p.m. traffic impacts; and/or area circulation
planning for motorized and nonmotorized modes of travel and
connectivity; and/or transportation demand management (TDM)
strategies;
c. Applications for the mixed-use development inclusive of
multifamily residential dwellings shall include written and plan
information demonstrating compliance to applicable design
standards for mixed-use development contained in the city of Auburn
multifamily and mixed-use design standards;
Planning Commission Public Hearing – March 7, 2017 Page 12 of 18
d. Applications for the mixed-use development inclusive of
multifamily residential dwellings shall comply, as applicable, with
the neighborhood review meeting requirements of ACC 18.02.130
(Neighborhood review meeting);
e2. Vertical mixed-use.
a. Mixed-use development comprised of a maximum of one
building on a development site shall have a minimum of 50 percent
of the ground floor comprised of one or more of the uses permitted
outright, administratively, or conditionally, listed under
“Recreation, Education, and Public Assembly”, “Retail”, or
“Services”commercial retail, entertainment or office uses that are
permitted outright or conditionally in Table 18.23.030; provided,
that uses normal and incidental to the building, including, but
not limited to, interior entrance areas, elevators, and associated
waiting/lobby areas, mechanical rooms, mail areas, and
garbage/recycling/compost storage areas, and vehicle parking areas
located , may be allowed on the ground floor, except that non-
street frontage vehicle garages located on the ground floor
together with all other normal and incidental uses shall occupy a
maximum of 50 percent of the ground floor space; or.
f. Mixed-use development that is geographically distributed
on a development site amongst two buildings shall have a minimum
of 25 percent of the cumulative building ground floor square
footage comprised of one or more commercial retail, entertainment
or office uses that are permitted outright or conditionally; or
Planning Commission Public Hearing – March 7, 2017 Page 13 of 18
g3. Horizontal mixed-use.
a. Mixed-use development that has comprised of two or more
than two buildings shall have a minimum of 25 percentage of the
cumulative building ground floor square footage comprised of one
or more of the uses permitted outright, administratively, or
conditionally, listed under “Recreation, Education, and Public
Assembly”, “Retail”, or “Services”commercial retail,
entertainment, or office in Table 18.23.030; provided, that uses
normal and incidental to the building, including, but not limited
to, interior entrance areas, elevators, waiting/lobby areas,
mechanical rooms, mail areas, garbage/recycling/compost storage
areas, and vehicle parking areas located on the ground floor shall
not be included in this 25 percent requirement.uses that are
permitted outright or conditionally as follows:
i. For three buildings, 20 percent of the cumulative
building ground floor square footage.
ii. For four buildings, 15 percent of the cumulative
building ground floor square footage.
iii. For five or more buildings, 10 percent of the
cumulative building ground floor square footage.
h. A project proponent may select to set aside a
nonresidential building pad(s), meeting the percentage
requirements above, for future development, provided that the site
plan for the development must identify the general location for
the building(s), associated parking areas, drive aisles,
landscaping areas, and utility locations. During the interim period
Planning Commission Public Hearing – March 7, 2017 Page 14 of 18
that the nonresidential site(s) remains undeveloped, it must be
maintained as a landscaped area meeting the requirements of Chapter
18.50 ACC.
b. Mixed-use development comprised of two or more buildings
(horizontal mixed-use) shall be arranged with the required non-
residential building(s) located adjacent to the public street or
private street and the multi-family located behind. For a corner
lot or through lot, the non-residential building(s) shall be
located adjacent to higher classification street.
2B. C-2 and C-4 Zones.
1. Vertical mixed-use development is required. Multiple-family
dwellings are permitted as part of a mixed-use development provided they
are:
2. All other requirements of Subsection A of this section shall
apply.
a. Located in a multi-story building the ground floor of which
must contain a permitted use listed in Table 18.23.030, “Permitted,
Administrative, Conditional and Prohibited Uses by Zone.” No
density limitations shall apply.
3C. C-3 Zone.
1. Multiple-family dwellings are permitted as part of a mixed-use
development provided 1,200 square feet of lot area is provided required
for each dwelling unit.
2. All other requirements of Subsection A of this section shall
apply.
Planning Commission Public Hearing – March 7, 2017 Page 15 of 18
4. C-4 Zone. Multiple-family dwellings are permitted provided they
are:
a. Located in a multi-story building and the ground floor
must contain a permitted use or combination of uses, other than
parking facility.
b. An exception to this ground floor commercial requirement
is allowed for uses accessory to the upper story residential at a
rate of 1,500 square feet of area per upper story of residential.
The ground floor areas accessory to the upper story residential
may include, but are not limited to, entry space, lobby, hallway,
mail areas. The 1,500 square feet of upper floor area does not
include exiting required to meet applicable building and fire
codes.
5D. M-1 Zone.
1. Vertical mixed-use development is required. Multiple-family
dwellings are permitted as part of a mixed-use development, provided
they are:
2. Ground floor uses shall be comprised of one or more of the uses
permitted outright, administratively, or conditionally, listed under
“Retail” or “Services” in Table 18.23.030. All other requirements of
Subsection A of this section shall apply.
a. Located in a multi-story building the ground floor of which
must contain one of the retail or service uses listed in Table
18.23.030, “Permitted, Administrative, Conditional and Prohibited
Uses by Zone.” The ground floor may contain entrance and lobby
areas which serve the dwellings.
Planning Commission Public Hearing – March 7, 2017 Page 16 of 18
B. Multiple-Family Dwellings, Stand-Alone.
1. C-3 Zone. Multiple-family dwellings are permitted provided:
a. One thousand two hundred square feet of lot area is
provided for each dwelling unit; and
b. The multiple-family development is arranged in the
following manner based on its orientation to a public roadway
(Scenarios 1 through 4):
2E. EP Zone. Multiple-family dwellings are permitted provided:
Planning Commission Public Hearing – March 7, 2017 Page 17 of 18
a1. The multiple-family development incorporates sustainable
design and green building practices and qualifies to be built green
certified.
2. All other requirements of Subsection A of this section shall
apply.
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.
Section 5. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph, 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.
INTRODUCED:___________________
PASSED: _______________________
APPROVED: _____________________
CITY OF AUBURN
________________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
Planning Commission Public Hearing – March 7, 2017 Page 18 of 18
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
1
MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Ron Copple, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Thaniel Gouk, Senior Planner
DATE: February 1, 2017
RE: Mixed Use Residential (MUR) Zone
Background
Policies in the 2014 Comprehensive Plan created a new Mixed Use Residential land use designation. Based
on the designation criteria in the plan, mixed use is an appropriate designation for areas already
developed as high density residential, areas adjacent to the Multi-Family designation, or areas adjacent
to the Residential Transition designation. The purpose of the designation is to create amenity-rich, well-
served environments for living and working that proactively address the potential impacts of higher
intensity uses and address land use compatibility.
Best Practices
Communities across the country have adopted a similar approach to mixed use zoning as a way of
managing growth. Thriving neighborhoods and business districts are supported by a mix of transportation
alternatives, infrastructure, services and amenities that offset the potential impacts of higher intensity
development. Successful implementation of mixed use zoning involves an examination of site planning,
building form, and uses to achieve policy goals.
Site planning is important in mixed use development to ensure the creation of a pedestrian-friendly
environment. One advantage of a mixed use environment is a reduction in auto-oriented trips because
people can shop, dine, and take care of errands without a car near their home or work place. This is only
possible when the mixed use district is designed to support pedestrian travel. In addition to providing
places to go, great pedestrian environments provide safe, comfortable options for getting to those places.
People are protected from traffic with wide, landscaped sidewalks. Parking is located in structures and/or
behind buildings to minimize curb cuts where cars must cross the sidewalk. Block sizes are small and
feature public plazas and pathways that allow walkers to take multiple, direct paths. Features such as
weather protection, benches, street trees, and attractive frontages ensure pedestrian comfort.
It is essential in mixed use districts that building form accommodates ground floor retail uses that provide
the places for people to go, but as the market develops the space needs to be flexible enough to
accommodate other uses. The 2014 article “Designing at the Ground Level”1 addresses the components
1 Benjamin Grant. June 2014. “Designing at the Ground Level.” The Urbanist. Issue 543. (Exhibit 1)
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of creating a flexible, viable, ground floor space such as: height, depth, frontage, parking, building heights
and types, and planning for utilities. Sometimes setting requirements for ground floor retail creates a
chicken-and-the-egg issue. Ground floor retail relies on active foot traffic, but often there needs to be a
critical mass of shops and restaurants to draw people to them. Building a retail space does not guarantee
that it will be filled. Attention to building form increases the likelihood of creating usable space that can
be used in the interim while the market for retail uses develops.
Clearly, some flexibility of use is important to the success of mixed use environments in the short and long
term. Once the ground floor retail space is developed it needs an active use even if that use is temporary,
does not directly serve the district, or provides non-retail use. What is important is that use brings people
into the district and provides a different use than what is located above it. Uses accessory to the use above
should be avoided. If a variety of people are coming and going from the district, and it has been well
designed to support mixed use, the district should convert to ground floor retail when the market is right.
Mixed Use in Nearby Jurisdictions
Communities near Auburn are also planning for mixed use development, although the approaches vary.
Many of these communities concentrate their mixed use zoning in or near the city center or another
targeted area for growth. Like many of these communities Auburn has already established mixed use
zoning in its downtown, and the purpose and intent of that zone is different than for the Mixed Use
Residential (MUR). Although the MUR zone will provide a different variation on mixed use, it is good to
understand how different jurisdictions apply uses and development standards to create vibrant mixed use
communities.
Bonney Lake
Bonney Lake has a Commercial-Mixed Use zone and a High Intensity Residential zone that allows vertical
or horizontal mixed use2 and a Downtown zone that allows vertical mixed use. Mixed uses are not required
in any of the zones, but the Downtown zone does distinguish between uses allowed on the ground floor
and uses allowed on upper floors. Allowed ground floor uses include small retail, personal services, and
eating and drinking establishments. There are district standards for design character and live-work units
are allowed.
Puyallup
Puyallup has two major areas of mixed use zoning, Downtown and South Hill, both designated regional
growth centers with specific subarea plans. In general, the various mixed use zones support vertical and
horizontal mixed use projects as well as stand-alone commercial and residential uses. Master site-
planning is used to achieve mixed use standards and accomplish site planning goals.
Sumner
Sumner requires mixed use development in its Central Business District, Urban Village, and Mixed Use
Development zones. The Mixed Use Development zone is primarily a high-intensity residential zone with
housing up to 40 units per acre, but requires ground floor commercial uses on designated streets. Ground-
related residential development is allowed to front on non-designated streets.
2 Vertical mixed uses refers to a mix of uses within a building, typically with ground floor commercial
development and upper floor office or residential uses. Horizontal mixed uses refers to a mix of two or
more use types on a single parcel without sharing a building.
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Kent
Mixed use is required in Kent’s downtown zones, with residential-only development allowed as a
conditional use. Kent also applies a mixed-use overlay, which allows mixed use in the Community
Commercial and General Commercial zones.
Federal Way
Several commercial districts in Federal Way require that residential buildings contain ground floor
commercial development including office, retail, or entertainment uses. Depending on the zone, the
commercial space must span 40-60% of the frontage with a minimum depth of 15 ft.
Sumner
The Planned Mixed Use overlay is not a zone but it requires additional public process and design review
to ensure compatibility of mixed use development with the surrounding residential neighborhood.
Mixed Use Approach for Auburn
Auburn currently allows mixed use in a variety of zones. Mixed use is allowed in the R-10, R-16, and R-20
residential zones, and all of the commercial and industrial zones except for the M-2 Heavy Industrial Zone.
Vertical mixed use is required for residential development in the C-2, C-4, and M-1 zones, which have a
standard for ground floor commercial development. Residential development in the C-1 zone was
historically allowed, however, is currently under a moratorium and under review by the Planning
Commission.
Although the existing C-4 zone is applied in only a limited area in Auburn, it shares many similarities with
the intent of the new MUR Zone:
C-4, Mixed-Use Commercial Zone. The intent of the C-4 zone is to provide for a pedestrian-oriented
mix of retail, office, and limited multiple-family residential uses. This classification is also intended
to allow flexibility in design and the combination of uses that is responsive to market demands.
The uses enumerated in this classification anticipate a mix of multiple-family residential, retail,
and office uses that are coordinated through a site-specific planning process. The multiple-family
residential must be located in a multi-story building; the ground floor of which must contain
a permitted use or combination of uses, other than parking, as listed in this chapter. Certain
heavy commercial uses permitted in other commercial classifications are not permitted in
this zone because of the potential for conflicts with multifamily residential uses, in order to achieve
a quality of environment that is conducive to this mix of uses.
The intent and purpose of the C-4 zone contains many of the features that are desirable in the MUR zone,
including: pedestrian-orientation, flexibility in design, emphasis on site planning, required ground floor
commercial development requirement, and a limitation on heavy commercial uses to prevent land use
incompatibility. One major difference is that the emphasis of the C-4 is on retail and office uses, with
limited residential. In the proposed MUR zone, the emphasis is on high-intensity residential with
supportive commercial uses.
The C-4 zone can be used as a template for the MUR zone, with variations applied to distinguish the zones
where they differ in character and intent. Thought has already gone into what is needed to make similar
features such as site plan review, pedestrian-oriented design, and mixed uses work in the local
environment. When applicable standards are working well and can be applied across multiple zones, it
also improves predictability and usability for project proponents.
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Uses
Allowed uses are one area where the MUR zone will need to clearly distinguish itself from the C-4 zone.
The existing C-4 zone allows mixed use development but is oriented toward commercial uses rather than
residential. Comprehensive Plan policies describe the MUR zone as areas developed or reserved for
multiple family dwellings. Policies also support live-work units, adaptive reuse (particularly of historic
properties), and consideration of multiple methods for determining how mixed use objectives are
achieved.
Given these differences, the MUR zone is proposed to apply a similar set of uses as allowed in the C-4
zone, but with the following changes:
Prohibit large commercial uses such as recreation facilities, movie theatres, nurseries, etc. These
types of large commercial uses are not appropriate in mostly residential areas. The commercial
development in the MUR zone should ideally be oriented to people who live in the area.
Prohibit drive-thru uses, which encourage an auto-oriented environment.
No free-standing commercial pads, as these tend to encourage single-uses.
Upper floor uses should be limited to residential uses and uses accessory to residential (such as
leasing offices, workout facilities).
A wide variety of ground floor uses are allowed to encourage activity and use of the non-residential
space. As the neighborhood grows, market demands for ground floor commercial space will shape
the types of uses available there.
Development Standards
Development standards in the C-4 zone have already been designed for mixed use development. They
anticipate an urban environment with few limitations on lot size, coverage, or setbacks. Maximum
height is 75 ft., which feasibly allows 5-over-1 development3, a common mixed-use building type (five
stories of residential or office development over one floor of retail).
Comprehensive Plan policies direct the development of standards for the MUR zone:
Development regulations should include density bonuses and flexible development standards to
incentivize innovative site and building design, incorporation of open space and public art, non-
motorized connectivity to parks and commercial areas, proximity to transit services,
supplemental natural resource protection, supplemental use of CPTED, and supplemental use of
low impact development techniques.
and:
Establish intensity limitations such as floor area ratios, density, building height, coverage ratios,
setbacks, and other standards.
and:
Densities may range from 20 to 24 units per acre.
Based on the policies in the Comprehensive Plan, the MUR Zone should apply similar standards with the
following changes:
Establish density standards in the range of 20-24 units per acre. Since the MUR zone is intended as a
high intensity residential zone, the minimum density should be established at 12 units per acre. For
reference the minimum density in the R-16 zone is 12 units per acre and the minimum density in the
R-20 zone is 15 units per acre. With a base density of 18, the maximum density is then established
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through the Flexible Development Alternatives in ACC 18.49 at 24-27 units per acre. These limits are
added through a note on the land use table because the commercial development standards table
does not include residential density standards. Adding residential density to the commercial
development standards would require the city to establish such a standard for all the commercial
zones in Auburn.
Remove the front and street–side setback standards to encourage pedestrian orientation. These
should be reduced to zero so the building is set right up to the sidewalk to encourage pedestrian
activity and interaction. Setbacks from the street encourage parking between the building and the
street, which reduces pedestrian safety and accessibility.
Apply the Flexible Development Alternatives in ACC 18.49 to build in incentives for innovative site
and building design, open space, public art, non-motorized connections, use of CPTED, use of low
impact development (LID) techniques, and supplemental natural resource protection. This section
already sets up a comprehensive system for addressing these issues. Creating an alternative system
for the MUR Zone does not make sense. However, if there are overall issues with the usability of the
Flexible Development Alternatives code, it should be docketed for review (to date the Flexible
Development Alternatives have not been utilized).
Consider a policy change to remove the reference to floor area ratios in the policy. From a practical
standpoint the density limitation will control the size of buildings in this zone. At a density of 20-24
units per acre with required first floor commercial development, the maximum developable FAR is
only going to be about .5 or .6 FAR. This could allow some fairly intense development, but is really a
minimum standard for regulating by FAR.
The review of best practices suggested that there are some basic standards that make mixed use
environments more successful, adaptable, and useful. ACC 18.57.030 already contains a set of standards
for mixed-use/multi-family developments by zone (see the proposed C-1 zoning amendments). This
draft presents an overhaul of that section of code that would apply one set of mixed use standards city
wide, with other details and variations specified by zone.3 These standards would require:
That non-commercial portions of mixed-use developments be developed at the same time or prior
to the residential portions.
Establish standards for the minimum areas required for the non-commercial portions of the
development.
For the MUR zone, vertical mixed use would be required.
Citywide Development Standards
Auburn applies citywide development standards for subjects such as fences, landscaping, lighting, signage,
and other site development standards. There is no proposed change to these standards, but they will need
to be applied to the MUR zone.
3 City staff is also working on changes to the C-1 zone that affect several of the same sections of code that
the MUR zone would amend, in particular ACC 18.57.030.
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Design Guidelines
The Multi-family and Mixed Use Design Guidelines already contain provisions needed for the MUR zone:
Pedestrian-oriented design standards to ensure a safe, lively, and active environment.
Design standards that address site planning, including the proper relationship between the building
and the street or other publicly accessible areas to ensure safety and comfort.
Design standards that address the location of parking (in the back, underbuilding, or structured
parking to limit interference with the pedestrian street environment) as well as pedestrian and
landscaping features that make it safe and comfortable for people to access residential and
commercial uses from the parking.
Conclusion
Staff proposes to bring back the text of the proposed amendments for creating the Mixed Use
Residential zone to the Planning Commission at the March meeting.
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EXHIBIT 1
MIXED-USE ARTICLE
(FOOTNOTE 3)
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Designing at Ground Level
An emphasis on human scale — and on creating a great ground floor
— are essential to good urbanism.
Benjamin Grant
Urbanist Article June 3, 2014
“The ballet of the good city sidewalk never repeats itself from place to place, and in any one place is
always replete with new improvisations.” —Jane Jacobs
Active Space photo by David Baker Architects
The image is probably the most widely shared touchstone in planning: An urban building with apartments
upstairs and a café on the ground floor. For any plan ner who came of age after The Death and Life of
Great American Cities, this image encapsulates the field. Density. Mixed use. Pedestrian orientation.
Human scale. Eyes on the street. The “Third Place.” Name your urbanist maxim, it’s in this picture.
For many planners, it is this image that first unlocked the idea of urbanism. Most of us have conjured it up
repeatedly to explain the magic of cities to relatives, dates, dentists or party guests. But all too often it
ends there. We rarely subject this image to much scrutiny, perhaps because it’s so useful, and because
achieving anything resembling it has consumed the careers of a generation of planners.
It took the Jane Jacobs generation to rescue the ground floor from insignificance, and to reassert the
value of social, civic and economic encounter at street level. Today’s planners, architects and
entrepreneurs stand on the shoulders of giants. They take for granted that urbanism happens at street
level, and they view the interaction of building and street as a medium for creative experimentation. They
are, on the whole, less concerned about height, mass and the skyline than the preceding generation. If
human scale is honored, “density” and “high-rise” are not the dirty words they once were.
In the American city, a new and long-absent facility of the public realm has taken hold. Its geography is
uneven, it fruits inequitably distributed, but from pop-up shops to graffiti walls to maker spaces, it is
growing. We may well look back on this period as the time when the urban project stopped recovering
from the 20th century and started inventing the 21st.
Why is the ground floor so important?
Public life is the essence of urbanism. The city’s ability to facilitate movement, commerce, democracy,
innovation and creativity resides in the currents and eddies of human beings at the boundary of public
and private space, where homes, jobs, shops and civic buildings touch streets, parks and plazas.
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In a good urban neighborhood, the ground floors of the buildings work symbiotically with the surrounding
sidewalks and public spaces. Together they provide a continuous network of pathways and experiences
that are active, safe, comfortable and engaging. The ground-floor café (and retail more generally) is but
one of many good ways for buildings to meet the street. After all, even a coffee-crazed town like San
Francisco can’t have a café — or even retail — in every building. A good city requires solutions as varied
as its fabric and its people and must constantly invent new ones.
In Paris, the
sidewalk cafe is an institution, one of many ways the ground floor is activated in this famously walkable
city. But making a great ground floor isn’t as simple as putting in a cafe. Photo by Metamirst
After a half-century of misguided obeisance to the needs of automobiles, we have begun the long process
of reclaiming our cities’ streets for people. This issue of The Urbanist is devoted to the building side of
that symbiosis. Because as it turns out, making the ground floor of urban buildings work is quite a tricky
problem, and one that is far from resolved. It is tangled in tensions between policies and markets, cars
and people, codes and desires.
New ways of living, working and socializing have generated new policies and different, more adaptab le
spaces. A roll-up door can turn a street side loft within a parking podium from residence to store, to
production space and back. Today’s designers, builders, artists and entrepreneurs, steeped in urbanism,
are blurring the lines among uses and the spaces they inhabit — and getting away with it.
A brief history of the ground floor
Ground floor retail has its origins in the homes of urban artisans in medieval and Roman cities. Where
fortifications put space at a premium, the family home was often above the family workshop, and
business was conducted through an opening onto the street.
By the late 18th century, workshops were giving way to factories, and, in Paris and London, plate glass
and gaslight helped create the urban storefront as we know it — a space for shopping, not making. In the
19th century, the era of the flaneur, the street itself was reinvented as a genteel public space, and grand
tree lined boulevards played host to a fashionable parade of shopping, self-presentation and spectacle.
Modernist architects like Le Corbusier were suspicious of commerce, and found the tight, clamorous
spaces of the 19th-century city oppressively filthy and congested. They sought to “free the ground plane”
by raising their towers on stilt-like pilotis, so that citizens might wander through a new species of park -like
city at their ease, never channeled into something as vulgar as a street. These architects peeled apart the
city’s mixture, and in doing so they created separate sectors for offices, factories and homes, an d built
pedestrian sky bridges over sweeping expressways. The intended spaces of discovery became spaces of
desolation.
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In the mid-to-late 20th century, the car was king. In subdivisions, shopping malls, housing projects and
office complexes, inward looking, single-use environments were the norm. For nearly half a century,
urban development in the U.S. got an almost total pass from pedestrian considerations. leaving a legacy
of blank walls, narrow or non-existent sidewalks and dead spaces.
In the 1960s, critics like Jane Jacobs and architects like Oscar Newman and Jan Gehl began
investigating exactly what it was that made traditional urbanism (then under attack) work so well. They
zeroed in on the interaction of building edges, public streets, and social in teraction, creating some of the
classic analyses in urban design. Their efforts revolutionized urban design, and their emphasis on the
human scale — once dismissed as quaint and unscientific — has become planning orthodoxy.
Today, walkable streets enlivened by active uses are a widely shared priority, critical to supporting transit,
reducing carbon emissions and tackling chronic diseases. But bringing streets to life – especially outside
city centers – can be quite a challenge.
Planning and regulating the ground floor
Planning policies often look to manage the use and design of the ground floor to support the public realm.
Here are some of the things they can control:
Height
The height of a ground floor has a major impact on its performance. Good retail spaces usually need a
15-18-foot ground floor. (David Baker Architects has been advocating for 20 feet; see pp. 10). A higher
ground floor allows adequate space for residential stoops raised a half level, mechanically stacked
parking, or ground floor lofts, workshop space or open lobbies.
Depth
Depth is also important. It is not uncommon for retail tenants or brokers to demand spaces 40 feet deep.
Retail depth is often in tension with the need to provide parking behind.
Frontage
Policies may stipulate the minimum frontage that must be occupied by active uses, or minimum frontage
of transparent glass. They may also define maximum frontages for exposed parking, utility functions or a
single user. A single large user such as a big-box retailer may be required to provide “in-line” storefronts.
Parking
Parking is the single biggest driver of ground-floor design and a major factor in the economics of
development. Planning codes typically regulate the amount of parking and may also address its
placement and design treatment (by limiting its exposure to the street, for example).
Building heights and building types
Building heights are shaped by the interaction of planning and building codes. The most common
multifamily building types put up to five stories of wood-frame construction atop a concrete parking and
retail podium. Height limits of 40, 50 or 60 feet often resulted in a cramped 10-foot ground floor with three
to five 10-foot stories above. Five additional feet — now permitted by the California building code and
increasingly by local zoning codes — adds enough room for a more generous ground floor without adding
a story overall.
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Utilities and other challenges
Numerous other features must fit into ground floor frontages. These include electrical transformers,
fireplugs, ventilation systems, loading docks and trash rooms. When combined with entrances and auto
access, there is often little frontage left to work with.
Use
Many cities encourage or require “active uses” in the ground floor of new buildings, which va ries from an
outright requirement for retail, to broader definitions that include residential doorways. Parking is often the
major ground floor use, but policies frequently require that it be hidden. New use categories, like PDR
(production/ distribution/repair) as well as co-working, and mixed production and retail have been codified
in recent years. —B.G.
The Proxy
Project in Hayes Valley,by envelope A+D, exemplifies the success of experiments in iterative
development. Photo courtesy envelope A+D.
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Simple
transformations have been achieved throughout New York with such easily attainable tools as bright paint
and inexpensive furniture — and an openness to change. Photo by Noah Christman.
Making retail work: The market problem
Just because planners allow, or even require, ground floor retail spaces, does not mean there will be
ground-floor retail. Retailers, who live and die according to foot traffic, visibility and neighboring stores,
are very sensitive to both location and quality of their spaces and they are well aware that if you build it,
customers won’t automatically come.
Planners don’t create cafes (or restaurants or grocery stores) and for the most part, neither do
developers. Entrepreneurs do. It is true that a building without a storefront will never contain a store. On
the other hand, the world is full of empty storefronts. The weakness of ground-floor retail in mixed-use
construction is so notorious that developers routinely write it off, assuming no revenue at all.
Very often, unoccupied retail space is inhabited as inexpensive office space, by social service agencies,
nonprofits, and the like. Some of these – say a clinic or employment center, might work well in a
storefront. Others opt to simply lower the Venetian blinds and function as an office. We tend to focus on
and remember the zones of gathering and shopping in our cities while often forgetting the quiet (and
much more numerous) back streets that sustain them. In trying to create great urban places, both
planners and the public tend to want to over-supply retail space. Most urban ground floors, even in
Manhattan (shown above) or Paris, serve a single use. The foot traffic and buying power of a whole
district is then channeled into supporting a lively street life in limited area — given walkable streets and
sufficient density.
In today’s white-hot San Francisco, ground-floor retail has pretty good prospects, and businesses can
and do make use of all kinds of spaces, from the 12- foot frontages along Hayes Street to Active Space
on 18th and Treat Streets, which houses a thriving café in just 99 square feet. But elsewhere, ground
floor space often sits empty, a planner’s aspiration that never bore fruit.
In downtown San Jose, where empty ground floors are common, the challenge of implementing the right
storefront strategy was highlighted in a recent debate over whether to allow office uses in ground floor
retail spaces. Ground-floor office space does little to engage the street, but one could argue that some
use is preferable to none at all.
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So do we build for the market that exists, or for the market we hope will one day exist? The cost of empty
retail space is simply folded into the cost of the space upstairs. But urban districts take time to mature and
once they do, demand can change dramatically in a short time. Sometimes all it takes is one amazing
business to totally transform a place — and a market.
But how to figure out what that business is? Trying things out on a temporary basis can often yield long-
term solutions. If you want to shift the way a space is perceived, make something interesting happen
there and pack it full of people. A market, after all, is only the aggregate of people’s assumptions and
experiences – things that can be engaged and shaped.
Long before taco trucks became a global phenomenon, they were simply a cheap way to create a mobile
storefront. Many developed semi-fixed locations, enlivened by loyal patrons. Lately, food truck gatherings
like San Francisco’s “Off the Grid” have joined farmers’ markets, shipping contai ners and pop-up shops
as part of a suite of solutions that create instant, low-risk critical mass. These tactical approaches are
increasingly being deployed to enliven public space in advance of conventional development projects.
Retail along 8th
Street keeps things lively at San Francisco’s 8th & Howard/ SOMA Studios, which has 162 units of
affordable housing. SOMA Studios designed by David Baker Architects, photo by Brian Rose
Ground floor code reforms in San Francisco
In recent years, San Francisco, with the help of advocacy groups like Livable City, has revised significant
portions of the planning code, with a focus on making the ground floor work for pedestrians. They include:
No parking required in transit-oriented housing.
Minimum ground floor heights were increased to as much as 17 feet.
Transit-oriented districts were allowed a 5-foot height bonus within the ground floor.
Active uses required to a depth of 25 feet from the street frontage.
Ground floor parking must be 25 feet from the street frontage.
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Parking on upper floors must have level floors, minimum floor-to-floor heights and other features
to ensure they can be converted to other uses in the future.
Stackers and other space-efficient parking solutions are permitted as-of right.
Neighborhood Commercial zoning was loosened to allow for limited production. Prescriptive limits
on equipment and facilities were replaced with performance standards for noise, odors etc.
PDR zoning was loosened to allow limited retail sales onsite.
One South Market is the first new residential tower in downtown San Jose to be built since the recession.
When initial designs gave short shrift to ground floor retail spaces, SPUR worked with city officials, the
San Jose Downtown Association and other advocates to support deeper, better-equipped retail spaces
and limit exposed parking. The result is increased retail demand and street life much akin to the daily
rhythm of the city’s Paseo de San Antonio (pictured). Photo by Sergio Ruiz.
San Francisco’s ground floor: An urban design success story
San Francisco has made major strides over the past decade in its treatment of the ground floor. Planning
policies, the development industry and local communities have all begun to crack the code on urbanism,
and in structures both new and old, street life is thriving. Although perennial tensions around the pace and
shape of growth have again come to the fore, one thing seems certain: The urban design quality of the
current development boom is vastly improved.
In recent years, San Francisco has modified its zoning code in a variety of ways to improve how new
buildings engage the street. A lot of these changes were facilitated by a sea change in regulations,
markets, and public culture on the issue of parking, which is generally the single biggest driver of ground
floor design. Today, some housing is being built without any dedicated parking, a prospect that seemed
radical a decade ago. It’s not that parking is no longer valued but that street life is valued more.
Zoning came into being to separate “noxious” industrial uses from residences, even as industry was
already leaving American cities for the suburbs and the developing world. The later revival of city life in
America depended in part on repurposing the city from production to consumption, as a playground for
shopping, dining and entertainment. But recent years have seen a surprising return of urban production.
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With scarce land being converted to office and high-end residential, “Production, Distribution and Repair”
(or PDR), is a zoning designation meant to protect critical light-industrial functions and the jobs they
provide. This has corresponded with a rise in new kinds of businesses, combining artisanal and craft
production, digitally-enabled fabrication and prototyping, and small-scale service and retail. Taken
together, these new uses have significant implications for the texture of the city as encountered at the
ground floor. Far from being a noxious use, production has become an amenity.
Recent reforms to the zoning code have increased the flexibility in combining production and retail in San
Francisco. Small retail outlets are now allowed in PDR space (Heath Ceramics is one notable example),
and production is now permitted in neighborhood commercial districts, with perfor mance standards to
address noise, odors or other potential nuisances.
More and more people can work anywhere, and a great many of them choose to do so in cities, among
other people. Cafés are packed with mobile workers on laptops, blurring the line in both time and space
between the workplace, the public realm and the third place of public social interaction. Co -working
spaces, which combine social interaction with office facilities and business support, often with a deliberate
connection to the street, are a significant new land use category.
Architects, designers, planners and entrepreneurs are adapting to these changes with new, hybrid forms.
More than ever, the basics of good urbanism — generous spaces, active uses, limits on the impact of
cars — are locked into policy, while the program at street level is open-ended, flexible and hybridized.
Elsewhere, the story is not so upbeat. In much of the region, life at street level remains an aspiration, and
it is often compromised by deference to the automobile in both markets and regulations. In communities
where the café in the ground floor has struggled to find traction, the flexible models being pioneered in
San Francisco could be a valuable export.
About the Authors:
Benjamin Grant is SPUR’s Public Realm and Urban Design Program Manager
MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Ron Copple, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Jeff Tate, Assistant Director, Community Development Services
DATE: January 31, 2017
RE: Temporary Uses, Mobile Vendors and Food Trucks
ZOA16-0008 – Draft Code Amendments
Background:
On December 9, 2016 staff provided an introductory presentation on termpoary uses, mobile
vendors and food trucks and concepts that were being considered in the preparation of draft
code amendments for Planning Commission consideration. Under cover of this memo are two
sets of draft code amendments – amendments to Chapter 18.46A (Temporary Uses) and
amendments to Chapter 5.20 (business licensing).
Chapter 18.46A is a land use regulation that is under the review authority of the Planning
Commission. Chapter 5.20 is a business license regulation (that is not a land use regulation)
and is therefore not under the review authority of the Planning Commission. Chapter 5.20
amendments are provided to the Planning Commission in order to help illustrate how mobile
vendors and food trucks are proposed to be regulated. Utlimately, the public hearing and
Planning Commission recommendation will be limited to those elements that are land use
regulations.
Chapter 18.46A Draft Amendment Highlights (subject to Planning Commission review):
1. General Code Reorganization. Several of the proposed code amendments are intended
to make the temporary use provisions easier to read and understand. Examples include
utilizing a table format to display Type I and Type II temporary uses, simplifying the
language that explains review timeframes, and eliminating language that is confusing.
2. Expanding the list of exempt activities. New exempt activities include mobile vendors
and food trucks, portable storage containers for moving, storage containers associated
with an active construction activity, and clarifying that a temporary use permit is not
required if a right-of-way use permit is also required.
3. Temporary fencing. Clarify that the only time a temporary use permit is required for
temporary fencing is when the fencing blocks parking and drive aisles that were required
as part of the development approval. Current code requires all temporary fencing
proposals to be reviewed under a temporary use permit.
4. Living within an RV during home construction. Add a new allowance that permits a
property owner to live in an RV while their home is under construction or reconstruction.
Current code does not allow someone to live in an RV while constructing or rehabiliting
their home.
Page 2 of 4
5. Tents and membrane structures. Clarify that a temporary use permit is only required
once the tent structure exceeds 200 square feet. This clarification allows tents smaller
than 200 square feet to be exempted in the same manner as a permanent stick built
structure.
6. Personal storage containers. Allow for personal storage containers to be placed on
residential or commercial properties for up to 6 months. Current codes limits placement
of containers for no more than 12 weeks. Extending this allowance is consistent with
other temporary use timeframes.
7. Stormwater compliance. Clarify that temporary gravel parking lots must comply with the
City’s stormwater standards.
8. Gravel parking lots. Clarify that temporary gravel parking lots may be permitted as part
of phased construction plans.
Chapter 5.20 Draft Amendment Highlights (not subject to Planning Commission review):
1. Creation of new section on Mobile Vendors and Food Trucks.
2. Exempt Mobile Vendors and Food Trucks from having to obtain a City business license if
they are operating on private property for 72 hours or less during a 365 day period.
3. Require that Mobile Vendors and Food Trucks obtain a City business license if they
intend to operate more than 72 hours.
4. Require that Mobile Vendors and Food Trucks obtain all land use approvals of the
underlying zone if they remain in the same location for more than one year.
5. Clarify that Mobile Vendors and Food Trucks located within the public right of way must
obtain a right of way use permit.
6. Establish minimum standards for all Mobile Vendors and Food Trucks that govern
location, garbage and recycling management, and fire and health requirements.
Page 3 of 4
Exhibit A
Draft Amendments to 18.46A
Chapter 18.46A
TEMPORARY USES
Sections:
18.46A.010 Intent.
18.46A.020 Permit approval required.
18.46A.030 Application and review for temporary use permits.
18.46A.040 Appeals of decisions.
18.46A.050 Exemptions.
18.46A.060 Coordination with other city codes.
18.46A.070 General and specific temporary use permits.
18.46A.080 Approval criteria.
18.46A.090 Performance standards.
18.46A.100 Time limitation.
18.46A.110 Limitation on activity.
18.46A.120 Permit revocation.
18.46A.130 Removal of temporary uses.
18.46A.140 Assurance device.
18.46A.010 Intent of Temporary Uses.
A. It is the intent of this chapter to provide an administrative approval process whereby the city may permit
authorize uses to locate within the city on an interim basis without requiring full compliance with the
development standards for the applicable zoning district, or by which the city may allow seasonal or transient
uses not otherwise permitted in the zoning district.
B. It is not the intent of this chapter to provide a means to circumvent the strict application of the permitted
administrative, conditional, and prohibited uses uses as established elsewhere in this title for the city’s
zoning districts. Time limits are to be strictly enforced, unless otherwise modified by the planning director or
designee.
C. This chapter addresses only those temporary uses located on public or private property outside of public
rights-of-way. Uses located in public rights-of-way shall be in accordance with ACC Title 12. (STREETS,
SIDEWALKS AND PUBLIC WORKS) (Ord. 6268 § 2, 2009.)
18.46A.020 Permit approval required.
A. For the purposes of this chapter, “temporary use” shall mean a short-term or interim activity or purpose for
which land or premises or a building thereon is designed, arranged, intended, or for which it is occupied,
maintained, let, or leased; and where such use is not in full compliance with the applicable development
standards of this title and/or is not otherwise allowedpermitted in the applicable zoning district.
B. No temporary use shall be allowedpermitted within the city except in accordance with the provisions of this
chapter. A temporary use permit is required for temporary uses except those specifically exempted pursuant to
ACC 18.46A.050. The maximum allowable duration of specific temporary uses shall be 180 calendar days, or
as established in the provisions for general and specific temporary use permits in ACC 18.46A.070 together
with the extension provisions of ACC 18.46A.100.
C. There shall be two types of temporary use permits identified as a Type I temporary use permit and a Type II
temporary use permit.
D. A property owner or an authorized representative of the property owner or a person, business or
organization desiring to use a property for a use consistent with this chapter may apply for a temporary use
permit. An applicant for a temporary use permit shall provide written evidence of property owner authorization
to use the property for the intended temporary use.
E. The planning director or designee may approve permits for temporary uses and structures, with conditions to
ensure compatibility and mitigate negative impacts.
F. The planning director or designee may authorize a temporary use permit for a use not specifically listed in
the currently adopted use regulations; provided, that it is compatible with the purpose and intent of applicable
chapters and sections of this title and the specific zoning district in which it will be located.
G. The planning director or designee may require other reviews or permits including but not limited to
environmental review as a prerequisite to issuance of a temporary use permit or as a condition of approval for a
temporary use permit. (Ord. 6268 § 2, 2009.)
18.46A.030 Application and review for temporary use permits.
A. Temporary use permit applications shall be processed as either a Type I or Type II permit as listed in . A
Type I temporary use permit shall be used to authorize the temporary uses listed in ACC 18.46A.070(A). Type
II temporary use permit shall be used to authorize the temporary uses listed in ACC 18.46A.070(B).
B. The application for a temporary use permit shall be submitted on forms obtained from Department of
Community Development and Public Works the planning and development department and shall be
accompanied by include applicable filing fees and submittal requirements. The application shall contain all the
information required by the city. The department shall verify that the application is consistent with the
requirements of this chapter including but not limited to the irrevocable, signed and notarized statement
specified in ACC 18.46A.130(C), and that the application contains proof of a legitimate business, if applicable,
as evidenced by documentation demonstrating the business has obtained, or will obtain prior to commencing
the use, a city of Auburn business license and any other required government licenses or approvals. A
temporary use that commences without required application review and approval shall be deemed to be in
violation of this chapter and subject to the city’s processes and standards for code compliance.
C. Temporary use permits shall be administratively processed and reviewed and not subject to a public
hearing, unless a written decision on a temporary use permit is appealed to the city of Auburn hearing
examiner.
D. Processing of general and specific Type I and II Temporary Use Permits. Type I and II temporary use permit
decisions shall be processed in accordance with the applicable provisions of ACC Title 14 and in accordance
with the following;
Type I Type II
Decision
Timeframe
Within 30 calendar days of the date the
application is deemed completeness
determined*
Within 50 calendar days of the date the application
completeness is deemed complete termined and
following the public comment period*
Notice of
Application
Required
No Yes
*Note: The planning director or designee may extend the decision-making process upon a written determination transmitted to an
applicant of the need for more information or other city permits or licenses or other agency licenses or permits. In this ins tance, a
Type I or Type II temporary use permit may be issued following receipt and review of the additional information or receipt of written
evidence of other city or agency permits, or licenses, or approvals as applicable. (Ord. 6287 § 2, 2010; Ord. 6268 § 2, 2009.)
1. Type I temporary use permit decisions shall be processed in accordance with the applicable
provisions of ACC Title 14; provided, that a decision approving, approving with conditions or
denying the application shall be issued within 30 calendar days of the date of application
completeness determination. The planning director or designee may extend the decision-
making upon a written determination transmitted to an applicant of the need for more
information or other city permits or licenses or other agency licenses or permits. In this instance,
a Type I temporary use permit may be issued following receipt and review of the additional
information or receipt of written evidence of other city or agency permits or licenses, as
applicable.
2. A notice of application in accordance with the provisions of ACC Title 14, as amended, shall
not be required for Type I temporary use permits. A written decision shall be issued to the
applicant, property owner if not the same as the property owner, other city departments, as
applicable, and other interested parties or agencies that have previously requested to be
notified.
E. Processing of Type II Temporary Use Permits.
1. Type II temporary use permit decisions shall be processed in accordance with the applicable
provisions of ACC Title 14; provided, that a decision approving, approving with conditions or
denying the application shall be issued within 50 calendar days of the date of application
completeness determination. The planning director or designee may extend the decision-
making upon a written determination transmitted to an applicant of the need for more
information or other city permits or licenses or other agency licenses or permits. In this instance,
a Type II temporary use permit may be issued following receipt and review of the additional
information or receipt of written evidence of other city or agency permits or licenses, as
applicable.
2. A notice of application in accordance with the provisions of ACC Title 14, as amended, shall
be required for Type II temporary use permits. A decision on a Type II temporary use permit
shall not be issued until after the public comment period expires, wherein the city solicits
comments regarding impacts to the neighborhood or community. (Ord. 6287 § 2, 2010; Ord.
6268 § 2, 2009.)
18.46A.040 Appeals of decisions.
Appeals of administrative decisions issued under the provisions of this chapter shall be made to the city of
Auburn hearing examiner in accordance with the provisions of Chapter 2.46 ACC, and Chapter 18.70 ACC, as
amended. Appeals of the hearing examiner decision may be appealed in accordance with applicable provisions
of Chapter 2.46 ACCand 18.70. ACC (Ord. 6442 § 20, 2012; Ord. 6268 § 2, 2009.)
18.46A.050 Temporary Use Exemptions.
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;
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) when the temporary use location, activity and
duration is specifically identified in the City approval;
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. Temporary offices, construction trailers, construction staging, equipment storage, storage containers, and
other similar activities on a site upon which the City of Auburn has issued a development permit and approved
the location, activity, and duration of such temporary use activities.
IH. On a residential property that already has a permitted single-family residence, the use of one recreational
vehicle for temporary living when not associated with active construction of a single-family dwelling shall be
allowed for not more than fifteen (15) calendar days in any calendar year; provided, that the director may grant
extensions utilizing the provisions of ACC 18.46A.100(B) for up to an additional 15 days. Use of one
recreational vehicle on a property with a single-family residence for more than 15 calendar days in any
calendar year, plus an additional period of up to 15 days if extended by the director, 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 15-day limitation(s). (Ord. 6565 § 3, 2015; Ord. 6268 § 2, 2009.)
J. Mobile Vendors and Food Trucks pursuant to ACC 5.20.260.
K. Placement of portable storage containers that facilitate household moving from one location to another for
no greater than 30 days per year, provided they are located on private property and that they are placed on an
approved hard surface;
18.46A.060 Coordination with other city codes.
A. Any temporary use otherwise regulated by ACC Title 5 , beyond any required general business or solicitor’s
license, is not subject to the provisions of this chapter unless otherwise noted. However, any license issued
under ACC Title 5 shall be consistent with the use regulations of the remainder of this title and any condition or
other permit required by this title shall be required.
B. A Temporary Use Permit shall not be required for events that occur entirely within a public right of way and
that are subject to the review and approval of a Right Oof Way use permit. For events or activities that are
located in both the public right of way and on abutting private property, a Right of Way use permit and
Temporary Use Permit shall be required.Any licensed solicitor who, while selling or offering goods, wares,
merchandise or anything of value, displays, advertises, or offers such goods to the passing public while
standing on any property, street or public way or any other place not used and licensed by such person as a
permanent place of business shall secure in addition to the solicitor’s license a temporary use permit pursuant
to this chapter. (Ord. 6268 § 2, 2009.)
18.46A.070 General and specific temporary use permits.
A. General Type I and Type II Temporary Use Permits. In accordance with ACC 18.46A.030, the planning
director or designee may approve the following general Type I and Type II temporary uses and structures:
Type I
For All Zoning Districts
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 fencing for public or private uses for four weeks or less per year located within non-residential
or multifamily parking lots where the fencing will restrict vehicular circulation or displace required parking
spaces;
c. 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.
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 that are larger than 200 square feet in size for up
to two weeks per year that meet setbacks of the underlying zone;
c. On-site temporary caretaker trailers for private or nonprofit residential construction;
d. 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.
e. Placement of a personal storage container for no more than six months per year.
For Non-Residential 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 caretaker trailers for commercial, industrial or institutional construction sites;
d. Temporary changes of uses and associated temporary structures for four weeks or less per year;
e. Placement of commercial storage containers for no more than three weeks per year six months per year;
f. 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; The City may issue an annual permit for a
series of events over a calendar year. Additional events not included in the annual event permit may be
approved individually.
g. Holiday-related seasonal sales lots along with their associated temporary structures subject to compliance
with the following:
i. Applicant demonstrates written proof of property owner permission for use of the subject property;
ii. Adequate off-street parking is provided and does not impede vehicle maneuvering;
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;
h. Agricultural seasonal sale of produce subject to compliance with the following:
i. Demonstrates written proof of property owner permission for use of the subject property;
ii. Adequate off-street parking is provided and does not impede vehicle maneuvering;
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.
Type II
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 for up to six months;
For Residential Zoning Districts
a. Placement of tents, canopies, or membrane structures that are larger than 200 square feet in size 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;
cb. Off-site temporary construction trailers and offices and storage areas for construction materials and
equipment for residential construction;
dc. 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:
i. Portable asphalt or concrete mixing plants;
ii. Portable concrete batching plants;
iii. Portable rock crushing plants;
For Non-Residential 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; Mobile vending and food trucks are
exempt in accordance with ACC 5.20.260.
cb. 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 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:
i. 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
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.
1. For all zoning districts:
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;
g. 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;
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;
i. Holiday-related seasonal sales lots along with their associated temporary structures
subject to compliance with the following:
i. 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:
i. 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;
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:
i. Portable asphalt or concrete mixing plants;
ii. Portable concrete batching plants;
iii. 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:
i. 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
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.
BC. 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 on
land owned or leased by the City of Auburn, King or Pierce Counties, or the State of
Washington.. 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.
3. Gravel parking lots approved as part of a development permit to facilitate construction or
other purposes identified in a construction phasing plan do not require a temporary use permit
and shall be removed prior to the issuance of a certificate of occupancy or final inspection.
4. All gravel parking lots shall meet the stormwater management requirements in ACC 13.48.
CD. 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.
DE. Specific Type II Temporary Use Permit – Transitional Uses.
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 II 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.
EF. Specific Type II 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:
i. 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 in advance. 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 Department of
Community Development and Public Worksplanning 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, 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:
i. Sanitary portable toilets in the number required to meet capacity guidelines;
ii. Hand washing stations by the toilets and by the food areas;
iii. 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).
i. 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.
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.
i. 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.
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:
i. Material used as roof covering and walls shall be of flame retardant material.
ii. There shall be no open fires for cooking or heating.
iii. 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. 6565 § 4, 2015; Ord. 6287 § 2,
2010; Ord. 6268 § 2, 2009.)
18.46A.080 Approval criteria.
The planning director or designee may approve, or modify and approve, an application for a temporary use
permit if all of the application satisfies all of the following criteria:
A. The temporary use will not be materially detrimental to the public health, safety or welfare, nor injurious to
property or improvements in the immediate vicinity;
B. The temporary use is compatible with the purpose and intent of this title, and the specific zoning district in
which it will be located;
C. The temporary use is compatible in intensity and appearance with existing land uses in the immediate
vicinity;
D. Structures proposed in association with a temporary use permit will comply with the applicable setback and
vision clearance area requirements, and with applicable provisions of the building and fire codes;
E. Adequate parking is available to serve the temporary use and, if applicable, the temporary use does not
occupy required off-street parking areas for adjacent or nearby uses;
F. Hours of operation of the temporary use are specified;
G. The temporary use can comply with applicable provisions of ACC 18.46A.090;
H. The impacts associated with the temporary use can be mitigated through the application of conditions of
approval, as applicable. (Ord. 6268 § 2, 2009.)
18.46A.090 Performance standards.
The planning director or designee shall require compliance to the following performance standards for all
authorized temporary use permits and may approve, or modify and approve, an application for a temporary use
permit if the application satisfies all of the following criteria:
A. Temporary uses shall, at all times, comply with all local, state or federal standards and regulations, as
applicable, pertinent to the type of temporary use being conducted;
B. Temporary uses shall obtain and maintain all other local, state and federal required permits and licenses
prior to and during the authorization period for a temporary use;
C. Temporary uses shall comply, as applicable, with the performance standards specified in ACC 18.31.180;
D. Temporary uses shall not generate life safety hazards. Specific mitigating conditions may be required by the
planning director or designee. (Ord. 6268 § 2, 2009.)
18.46A.100 Time limitation.
A. A temporary use is valid for up to 180 calendar days from the effective date of the permit, unless otherwise
noted herein; provided, however, that the applicant may request, and/or the planning director or designee may
establish, a shorter time frame in the written decision based on factors including but not limited to the nature of
the temporary use, impacts associated with the temporary use or its proximity to residentially zoned areas of
the city.
B. The planning director or designee may grant additional time extensions upon the applicant satisfactorily
demonstrating continued compliance with all conditions of permit approval. Extensions may be granted
following the submittal of a written request by the holder of the temporary use permit a minimum of 30 calendar
days prior to the expiration date of the original and/or extended temporary use permit; provided, that permit
holders for permits that are valid 30 calendar days or less shall only be required to submit a written extension
request two calendar days before expiration. (Ord. 6268 § 2, 2009.)
18.46A.110 Limitation on activity.
A property owner or other holder of a temporary use permit may not be allowed to file additional temporary use
permits for a use on the same site if the planning director or designee determines that the use has become
permanent in nature either by the period of use or the extent of on-site improvements. (Ord. 6268 § 2, 2009.)
18.46A.120 Permit revocation.
The planning director or designee may immediately revoke permit authorization of a temporary use should it be
found that such use has failed to comply with any of the conditions of the permit authorization or any of the
performance standards specified in ACC 18.46A.090 or applicable building and fire codes, is in violation of any
state or federal rules and regulations or any other applicable codes, standards or regulations of the Auburn City
Code. (Ord. 6268 § 2, 2009.)
18.46A.130 Removal of temporary uses.
A. Upon the expiration of the temporary use permit, the applicant shall immediately discontinue the temporary
use. Within 15 calendar days of the expiration of the temporary permit, the applicant shall remove any
temporary structures associated with the temporary use. The planning director or designee may extend the
timeframe for removal of temporary structures upon written request containing adequate justification for this
extension and a specific timeframe for the permanent removal of the temporary use.
B. If a temporary use is not removed as required by the temporary use permit or within any extension
timeframe authorized by the planning director or designee, the city shall initiate code compliance proceedings
in accordance with Chapter 1.25 ACC (Civil Penalties for Violations), as amended.
C. Prior to the approval of a Type I or Type II temporary use permit, the applicant shall submit to the city an
irrevocable, signed and notarized statement from the applicant and property owner, if applicable, granting the
city permission to summarily enter the applicant’s property with reasonable notice and abate the temporary
use, and all physical evidence of that use if it has not been removed as required by the terms of the permit. The
statement shall also indicate that the applicant will reimburse the city for any expenses incurred in abating a
temporary use under the authority of this chapter. Abatement actions shall be conducted in accordance with the
provisions of Chapter 1.25 ACC (Civil Penalties for Violations), as amended. (Ord. 6268 § 2, 2009.)
18.46A.140 Compliance Assurance device.
The planning director or designee may require the submittal of a cash or surety bond as a condition of approval
to assure compliance with applicable provisions of the Auburn City Code and the temporary use permit, as
approved. In appropriate circumstances, the planning director may require a reasonable performance of
maintenance assurance device, in a form acceptable to the finance department, to assure compliance with the
provisions of this title. If at the end of this time period such temporary use or structure is not removed or
discontinued, said cash or surety bond shall be forfeited. (Ord. 6268 § 2, 2009.)
Page 4 of 4
Exhibit B
Draft Amendments to 5.20
II. Specific Businesses
Chapter 5.20
INDIVIDUAL LICENSE REGULATIONS
Sections:
5.20.010 Chapter purpose and scope.
5.20.020 Definitions – General.
5.20.030 License required – Fee – Term – Notices – Exemptions.
5.20.040 License application – Required – Form.
5.20.050 License application – Approval or disapproval procedure.
5.20.060 License – Display – Nontransferability – Responsibility.
5.20.070 License – Revocation.
5.20.080 Violation – Penalty.
5.20.100 Ambulance businesses.
5.20.110 Amusement devices.
5.20.120 Auto races.
5.20.130 Cabarets.
5.20.140 Carnivals, circuses and shows.
5.20.150 Dances.
5.20.160 Fire extinguisher servicing businesses.
5.20.170 Massage businesses, health salons and public bathhouses.
5.20.180 Merchant patrol and private detective businesses.
5.20.190 Motor vehicle wrecker businesses.
5.20.200 Outdoor musical entertainment.
5.20.210 Pawnbroker and secondhand dealer businesses.
5.20.220 Solicitors.
5.20.230 Taxicab businesses – Provisions adopted by reference.
5.20.240 Tow truck business.
5.20.250 Marijuana related activities.
5.20.260 Mobile Vendors and Food Trucks
5.20.010 Chapter purpose and scope.
This chapter provides license requirements for certain business activities. This chapter does not repeal,
abrogate, annul or in any way impair or interfere with the existing provision of other laws or ordinances, except
those specifically repealed by the ordinance codified in this chapter.
5.20.020 Definitions – General.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the
meaning given in this section.
A. “Business” is any enterprise, profession or activity conducted by any person or persons including, but not
limited to, deliberation, education, instruction, worship, entertainment, amusement, drinking, dining or awaiting
transportation on any premises in the city, or anywhere else within its jurisdiction.
B. “License” as used generally in this chapter includes respectively the words “permit” or “permittee,” or the
holder for any use or period of time of any similar privilege, wherever relevant to any provision of this chapter or
other law or ordinance.
C. “Person” includes individual natural persons, partnerships, joint ventures, societies, associations, clubs,
trustees, trusts or corporations, or any officer, agent, employee, factor or any kind of personal representative of
any thereof, in any capacity, acting either for himself, or any other person, under either personal appointment or
pursuant to the law.
D. “Premises” includes all lands, structures and places, and also any personal property which is either affixed
to or is otherwise used in connection with any such business conducted on such premises.
5.20.030 License required – Fee – Term – Notices – Exemptions.
A. It is unlawful for any person, firm or corporation to engage in any business as provided in this chapter within
the city limits without first obtaining a license pursuant to the provisions of this chapter.
B. The fee licensing under the provisions of this chapter shall be as follows:
Type Fee Term
Initial Renewal
Ambulance Services License
Business No Fee No Fee 1/1 – 12/31
Attendant No Fee No Fee 1/1 – 12/31
Type Fee Term
Initial Renewal
Amusement Device License
1 to 4 $40.00 $20.00 1/1 – 12/31
5 or more $70.00 $20.00 1/1 – 12/31
Auto Races License
$70.00 $20.00 1/1 – 12/31
Cabaret License
$50.00 $20.00 1/1 – 12/31
Carnivals, Circuses, Shows, etc., Licenses
Carnival/circus $70.00 $20.00 1/1 – 12/31
Theater $70.00 $20.00 1/1 – 12/31
Show/exhibition $70.00 $20.00 1/1 – 12/31
Public amusement $70.00 $20.00 1/1 – 12/31
Dance License
$50.00 $20.00 1/1 – 12/31
Fire Extinguisher
Without testing $30.00 $20.00 1/1 – 12/31
With testing $45.00 $20.00 1/1 – 12/31
Fireworks Stands License
$70.00 $20.00 Noon 6/28
to Noon 7/6
(Regulation of fireworks stands under Chapter 8.24
ACC)
Massage Business, Health Salon, Public Bathhouse
License
Business $85.00 $20.00 1/1 – 12/31
Attendant $85.00 $20.00 1/1 – 12/31
Type Fee Term
Initial Renewal
Merchant Patrol, Private Detective License
Merchant patrol
agency
$55.00 $20.00 1/1 – 12/31
Patrolman $55.00 $20.00 1/1 – 12/31
Detective agency $55.00 $20.00 1/1 – 12/31
Detective $55.00 $20.00 1/1 – 12/31
Motor Vehicle Wreckers License
$70.00 $20.00 1/1 – 12/31
Outdoor Musical Entertainment License
$85.00/Event 1/1 – 12/31
Pawnbrokers/Secondhand Dealers License
$40.00 $20.00 1/1 – 12/31
Solicitor License
Master $40.00 $20.00 1/1 – 12/31
Agent $40.00 $20.00 1/1 – 12/31
Individual $40.00 $20.00 1/1 – 12/31
Taxicab License – Requires King County license
only to operate in Auburn
Tow Truck Business License
Business $60.00 $20.00 1/1 – 12/31
Driver $40.00 $20.00 1/1 – 12/31
Marijuana Related Businesses
$500.00 $500.00 1/1 – 12/31
C. A duplicate license shall be issued by the business license clerk, as designated by the mayor, to replace any
license previously issued which has been lost, stolen, defaced or destroyed, upon the filing of an affidavit
attesting to such fact and the paying to the business license clerk of a fee of $1.00.
D. Any notice required by this chapter to be mailed to any licensee shall be sent by ordinary mail, addressed to
the address of the licensee shown by the records of the business license clerk or, if no such address is shown,
to such address as the business license clerk is able to ascertain by reasonable effort. Failure of the licensee to
receive such mailed notice shall not release the licensee from any fees or penalties thereon, nor shall such
failure operate to extend any time limit set by the provisions of this chapter.
E. This section grants an exemption from paying a fee for any licenses required under the provisions of this
chapter to bona fide nonprofit, charitable, religious, or philanthropic persons or organizations.
1. Any person or organization claiming the exemptions of this section shall file with the business
license clerk an affidavit setting forth facts sufficient to show the application of this section and
the right to such exemption.
2. Persons or organizations required to be licensed by the state of Washington, wherein the
state has preempted the field of endeavor of any such persons or organizations, shall not be
required to obtain a license from the city under the provisions of this title; provided however, any
such persons or organizations doing business within the city limits of the city shall carry the
state license on his or her person at all times when doing business within the city, and shall
exhibit such state license whenever he or she is requested to do so by any police officer or any
person who asks to see the same.
5.20.040 License application – Required – Form.
A. Every person required to have a license under the provisions of this chapter shall submit an application for
such license to the business license clerk. The application shall be a written statement upon a form provided by
the business license clerk.
B. Whenever a license cannot be issued at the time the application for the same is made, the business license
clerk shall issue a receipt to the applicant for the money paid in advance subject to the following conditions:
Such receipt shall not be construed as the approval of the business license clerk for the issuance of a license,
nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this
chapter.
5.20.050 License application – Approval or disapproval procedure.
The business license staff person shall collect all license fees and shall issue licenses in the nam e of the city to
all persons qualified under the provisions of this chapter and shall:
A. Adopt all forms and prescribe the information required to implement this chapter.
B. Submit all applications to department heads as listed below for their endorsements as to compliance by
applicant with all city regulations which they have the duty of enforcing:
1. Ambulance services license: Valley Regional Fire Authority and police department;
2. Amusement device license: police (four or under) and community development and public
works and police (five or more);
3. Auto races license: Valley Regional Fire Authority, community development and public works,
and police departments;
4. Cabaret licenses: Valley Regional Fire Authority and police departments;
5. Carnivals, circuses, shows, etc., licenses: Valley Regional Fire Authority, community
development and public works, and police departments;
6. Dance licenses: Valley Regional Fire Authority and police department;
7. Fire extinguisher service licenses: Valley Regional Fire Authority;
8. Massage business, health salon, etc., licenses: community development and public works,
police departments and appropriate county health department;
9. Merchant patrol and private detective licenses: police department;
10. Motor vehicle wreckers licenses: community development and public works and police
departments and Valley Regional Fire Authority;
11. Outdoor musical entertainment licenses: community development and public works and
police departments and Valley Regional Fire Authority;
12. Pawnbrokers/secondhand dealers licenses: police department;
13. Solicitor license: police department;
14. Tow truck business license: Valley Regional Fire Authority, community development and
public works and police departments;
15. Marijuana related business license: community development and public works, police and
utilities departments, and Valley Regional Fire Authority.
C. Notify any applicant of the acceptance or rejection of his/her application and shall, upon denial of any
license, state in writing the reasons therefor, the process for appeal and deliver them to the applicant.
D. Deny any application for license upon written findings that the granting would be detrimental to the public
peace, health or welfare:
1. Whenever any such license is denied the applicant may within 15 calendar days from date of
action file written notice of appeal to the city’s director of community development and public
works. Action of the city’s director of community development and public works may be
appealed 15 calendar days from date of action to the hearing examiner, and action of the
hearing examiner shall be conclusive and not subject to review.
2. When the issuance is denied and any action instituted by the applicant to compel its
issuance, such applicant shall not engage in the business for which the license was refused
unless a license is issued pursuant to a judgment ordering the same.
5.20.060 License – Display – Nontransferability – Responsibility.
A. Upon receipt of the license the license shall be retained on premises where it may be inspected at any time,
or shall be carried, as appropriate.
B. No license issued under the provisions of this chapter shall be transferable or assignable.
C. The agents or other representatives of nonresidents who are doing business in this city shall be personally
responsible for the compliance of their principals and the businesses they represent with this chapter.
5.20.070 License – Revocation.
A. Any license issued under the provisions of this chapter may be revoked by the police chief and/or building
official for any reason if the further operation thereof would be detrimental to public peace, health or welfare, or
the violation of any federal or state law or any ordinance or regulation of the city. The city clerk or the director of
community development and public works shall cause to be served upon such parties as may be deemed to be
interested therein such reasonable notice as may be determined to be proper of intention to revoke such
license.
B. Where deemed necessary to prevent further detriment to public peace, health or welfare, or violation of any
federal or state law or any city ordinance or regulation the police chief or building official may immediately
revoke any license issued under the provisions of this chapter.
C. Whenever any such license is revoked, the licensee may within 15 days from date of action file written
notice of appeal to the city’s director of community development and public works. Action of the director of
community development and public works may be appealed within 15 days from date of action to the hearing
examiner and action of the hearing examiner shall be conclusive and not subject to review. (Ord. 6532 § 8,
2014; Ord. 4012 § 2, 1984.)
5.20.080 Violation – Penalty.
Any violation of the provisions of this chapter is punishable in accordance with ACC 5.15.110.
5.20.260 Mobile Vendors and Food Trucks
A. Definitions
1. “Mobile Vendors” means any motorized or non-motorized vehicle, trailer, kiosk, pushcart,
stand, display, blanket, ground covering or other device designed to be portable and not
permanently attached to the ground from which food and/or goods are peddled, vended, sold,
served, displayed, offered for sale or given away.
2. “Food Truck” is a large mobile vehicle equipped to cook and sell food. Food trucks typically
contain onboard power, refrigeration, food preparation facilities and space for up to four
employees.
B. License Application
1. Exemptions. Mobile Vendors or Food Trucks operating 3 days or less within a 365-day period
and that are not parked in the same location for more than 72 hours are exempt from the
requirement to obtain a business license. A King County Health Permit is required even if
exempt from the requirement to obtain a City business license and the mobile vending or food
truck shall comply with all rules and regulations in the Auburn Municipal Code.
2. City Business License Required. Any Mobile Vendor or Food Truck operating for more than
three calendar days in 365-day period is required to obtain a business license.
3. Permanent Operation. Mobile Vendors and Food Trucks operating in a fixed location for a
year or more are required to obtain all appropriate land use approval(s) that are required within
the zoning designation in which it is located and shall comply with all applicable zoning and
development standards in the Auburn Municipal Code.
3. Operating in the City right-of-way. Mobile Vendors and Food Trucks that desire to operate in
the public right-of-way such as along streets or sidewalks shall obtain a right-of-way use permit
in addition to a City business license unless exempt based on the criteria in #1 above.
C. License Regulations
1. Zoning Districts. Mobile Vendors and Food Trucks may only operate in non-residential, multi-
family, or mixed-use zoning districts. Mobile vendors and food trucks are prohibited from
operating in residential zoning districts or within 50’ of any residentially zoned property.
2, Vending location. Mobile Vendors and Food Trucks on private property shall be parked in a
designated parking spot or other location used for parking that will not negatively impact
vehicular and pedestrian circulation or safety. Mobile Vendors and Food Trucks may be placed
in other locations that do not disrupt vehicular or pedestrian circulation. Any Mobile Vendors or
food truck operating in the public right-of-way shall be in an officially designated parking stall in
accordance with a right-of-way use permit.
3. Garbage, recycling, and composting. Mobile Vendors and Food Trucks shall provide sufficient
garbage, recycling, and composting receptacles to accommodate all refuse generated by the
operation. Mobile Vendors and Food Trucks that are sited in the same location for less than one
year must meet the garbage, recycling and composting provisions established in Title 15.
Mobile Vendors and Food Trucks that are sited in the same location for more than one year
must meet the garbage, recycling and composting provisions established in Title 15 and Title
18.
4. Use of liquid petroleum gas (propane) or an open flame (wood or charcoal). A permit from the
Valley Regional Fire Authority is required for the use of propane or an open flame.
1
See ACC 5.20.250(A).
January 2017 1
Memorandum
To: Judi Roland, Chair, Planning Commission
Ron Copple, Vice-Chair, Planning Commission
Planning Commission Members
From: Alexandria Teague, Planner II Community Development Services
With support by Lisa Grueter, BERK Consulting
Date: January 25, 2017
Re: Open Space Zone: Proposed Code
1.0 Background
The City of Auburn adopted a new Comprehensive Plan at the end of 2015 that includes a new land use
map designation of “Open Space”. Under the existing city code structure, each Comprehensive Plan land
use designation is implemented by at least one zoning district (zone) that addresses the allowed uses and
the zoning development standards. Currently, there is no implementing Open Space zone in the Auburn
City Code. The City intends to create an Open Space zone that is consistent with the overall description of
the Open Space land use designation that is provided in the City’s Comprehensive Plan. A map depicting
Open Space designated parcels appears below on the following page.
Planning Commission has previously received and reviewed two memorandums regarding the creation of
an Open Space zone. The first memorandum titled “Open Space Zone: Background, Options, and
Recommendations” was reviewed by Planning Commission on December 6, 2016. This memorandum
provided background and analysis of the City of Auburn’s Open Space land use designation, and some
issues and options for implementing the Open Space zone, including examples of other jurisdictions’ open
space zoning code language. The second memorandum titled “Open Space Zone: Supplemental Responses
to Planning Commission Questions”, was reviewed by Planning Commission on January 4, 2017. This
memorandum included the general difference between comprehensive plan land use designations and
zoning districts, and further described the ownership and number of parcels currently designated open
space.
OPEN SPACE ZONE: PROPOSED CODE
January 2017 2
Exhibit 1. Open Space Land Use Designation Map
OPEN SPACE ZONE: PROPOSED CODE
January 2017 3
In the February 7, 2016 Planning Commission meeting, staff is requesting that Planning Commission
discuss the proposed (1) intent statement for Open Space zone, (2) allowed uses for the Open Space zone,
and (3) zoning development standards for the Open Space zone.
2.0 Proposed Open Space Zone Intent Statement
Within Auburn City Code Title 18 – Zoning (the Zoning Code) an intent statement is provided for each
zoning district. The purpose of an intent statement is described in Auburn City Code Section 18.02.070
“Establishment of zones”:
“C. The intent statement for each zone set forth in this title shall be used to guide the application
of the zones to all lands in the city of Auburn. The intent statements shall guide interpretation
and application of land use regulations within the zones, and any change to the range of allowed
uses within each zone through amendment to this title.”
The intent statement for each zoning district must be consistent with the overall description of its
corresponding land use designation. As proposed, the Open Space zone intent statement is consistent
with the description of the Open Space land use designation.
Exhibit 2. Comprehensive Plan Description and Zone Intent
Comprehensive Plan Open Space Description Proposed Open Space Zone Intent Statement
This category shall be applied to areas which are
owned by a public entity and managed in a largely
undeveloped character. It includes parks,
watersheds, shoreline areas, significant wildlife
habitats, storm drainage ponds, utility corridors
with public access, and areas with significant
development restrictions.
The OS zone is intended to provide for land uses
that tend to be managed in a largely undeveloped
character, including passive parks, watersheds,
natural and urban conservancy shoreline areas,
significant wildlife habitats, large stormwater
detention ponds or floodplain ponds, utility
corridors with public access, and areas with
significant development restrictions. Park lands
included in the Open Space zone tends to be
predominately passive in character and with
relatively fewer developed facilities than parks
included in the Institutional zone. Private sites
containing critical areas or shorelines may be
included.
3.0 Proposed Open Space Zone Uses
Each zoning district features a zone use table which establishes whether specific use is allowed in a zone
and whether that use is allowed as a permitted, administrative, or conditional use. Zone use tables also
indicate which uses are prohibited. The range of allowed uses within a zone must be consistent with the
intent statement of that zone.
The proposed range of allowed uses provided below are consistent with the intent statement of the Open
Space zone. The allowed uses includes those that are generally lower in intensity. All uses, including both
allowed and prohibited uses are excerpted and summarized below. The non-summarized version of the
proposed Open Space zone code language is included in Attachment A. Definitions of terms are included
in Attachment B to assist in interpreting the proposed Open Space zone code.
OPEN SPACE ZONE: PROPOSED CODE
January 2017 4
Exhibit 3. Summary of Allowed and Prohibited Uses
Allowed Prohibited*
Permitted
Municipal parks and playgrounds
Campgrounds
One detached single family dwelling
Home occupations
Home based day care
Other uses determined consistent with intent of zone and
other uses permitted
Animal shelter, public
Recreational vehicle parks, private
Cemetery, public
Cemetery, private
College, university, public
Commercial recreation facility – Indoor
Conference/convention facility
Private school – specialized education/training
(for profit)
Public schools (K-12) and related facilities
Religious institutions, lot size less than one acre
Religious institutions, lot size more than one
acre
Studio – Art, dance, martial arts, music, etc.
Duplex
Live/work, work/live unit
Multiple-family dwellings, stand-alone
Nursing home, assisted living facility
Senior housing
Restaurant, cafe, coffee shop, excluding drive-
through facilities
Banking and related financial institutions,
excluding drive-through facilities
Medical services – Clinic or urgent care
Mortuary, funeral home, crematorium
Personal service shops
Pharmacies
Administrative
Library, museum
Meeting facility, public or private
Utility facilities, substations, utility transmission or
distribution line
Daycare, including mini daycare, daycare
center, preschools or nursery schools
Conditional
Government facilities
Commercial recreation facility – Outdoor
*As discussed at the Planning Commission meeting on December 6, 2016, the City may consider
redesignating cemeteries and some active and “monument” parks to the Institutional land use
designation; that would happen during the City’s annual amendment cycle, which allows for amendments
to the Comprehensive Plan Map, and is not further addressed here.
4.0 Proposed Development Standards
The aforementioned allowed uses are generally subject to zoning development standards. Zoning
development standards are specified for each zoning district, and commonly prescribe the required
setbacks, height, site coverage, building layout, site design, and other related features of land use.
The proposed zoning development standards for the Open Space zone focus on limiting the intensity of
uses in terms of height, coverage, and impervious area given the intent of the zone for environmentally
sensitive or passive uses:
Maximum height: 35 feet
Setbacks:
o Front: 20 feet
o Side – Interior: 5 feet
OPEN SPACE ZONE: PROPOSED CODE
January 2017 5
o Side – Corner: 10 feet
o Rear: 25 feet
Maximum Lot coverage (by buildings): 5%
Maximum Impervious area: 10% hard surface
To illustrate the dimensions of the coverage and impervious standards, the following table indicates the
results at different property sizes. For very small open space properties, the coverage and impervious area
would be similar to that of a small residential lot. The coverage on a 5-acre lot would allow a modest
improvement area. At 50 acres, the potential building and impervious area are larger but would be
perceived as a small amount of improvement compared to the much larger undisturbed area. City
stormwater standards will apply.
Exhibit 4. Illustration of Coverage and Impervious Standards
1-Acre 5-Acre 10-Acre 25-Acre 50 Acres
Lot Coverage (5%) 2,178 10,890 21,780 54,450 108,900
Impervious Area (10%) 4,356 21,780 43,560 108,900 217,800
Source: BERK Consulting 2017
5.0 Next Steps
Following the February Planning Commission meeting, depending on Planning Commission’s discussion,
staff will revise the proposed code language for the Open Space zone and either continue the discussion
on the proposed code language in the March Planning Commission meeting, or schedule a public hearing
on the proposed code language. Open Space designated land property owners will be contacted about
the hearing.
ATTACHMENTS
A – Proposed Open Space Zone Code
B – Excerpt of Key Definitions from Auburn City Code
OPEN SPACE ZONE: PROPOSED CODE
January 2017 6
ATTACHMENT A – Proposed Open Space Zone Code
18.02.070 Establishment of zones.
A. The city is divided into the following classes of zones:
1. RC, residential conservancy zone (one dwelling unit per four acres);
2. R-1, residential zone (one dwelling unit per acre);
3. R-5, residential zone (five dwelling units per acre);
4. R-7, residential zone (seven dwelling units per acre);
5. R-10, residential zone (10 dwelling units per acre);
6. R-16, residential zone (16 dwelling units per acre);
7. R-20, residential zone (20 dwelling units per acre);
8. RMHC, manufactured/mobile home community zone;
9. RO, residential office zone and RO-H, residential office-hospital zone;
10. C-N, neighborhood shopping zone;
11. C-1, light commercial zone;
12. C-2, central business zone;
13. C-3, heavy commercial zone;
14. M-1, light industrial zone;
15. M-2, heavy industrial zone;
16. BP, business park zone;
17. LF, airport landing field zone;
18. P-1, public use zone;
19. UNC, unclassified use zone;
OPEN SPACE ZONE: PROPOSED CODE
January 2017 7
20. I, institutional use zone;
21. EP, environmental park zone;
22. DUC, downtown urban center zone.
23. OS, open space zone.
B. The zones set out in subsection A of this section are established as the designations, locations, and
boundaries thereof as set forth and indicated on the zoning map.
C. The intent statement for each zone set forth in this title shall be used to guide the application of the zones to
all lands in the city of Auburn. The intent statements shall guide interpretation and application of
land use regulations within the zones, and any change to the range of allowed uses within each zone through
amendment to this title.
Chapter 18.35
SPECIAL PURPOSE ZONES
Sections:
18.35.010 Purpose.
18.35.020 Intent of special purpose zones.
18.35.030 Uses.
18.35.040 Development standards.
18.35.050 Additional development standards for both the RO and RO-H zones.
18.35.010 Purpose.
This chapter lists the land uses that may be allowed within the residential office, residential office-hospital,
public use, institutional, and open space zones established by ACC 18.02.070 (Establishment of zones),
determines the type of land use approval required for each use, and provides basic development standards
for site layout and building size.
18.35.020 Intent of special purpose zones.
A. General. This section describes the intent for each of the city’s special purpose zones. These intent
statements may be used to guide the interpretation of the regulations associated with each zone.
B. RO and RO-H Residential Office and Residential Office-Hospital Zone. The RO and RO-H is intended
primarily to accommodate small-scale business and professional offices, medical and dental clinics, and banks
and similar financial institutions at locations where they are compatible with residential uses. Some retail and
OPEN SPACE ZONE: PROPOSED CODE
January 2017 8
personal services may be permitted if supplemental to the other uses allowed in the zone. This zone is
intended for those areas that are in transition from residential to commercial uses along arterials or near
the hospital. Conversion of residential uses to commercial uses is geared towards encouraging adaptive re-use
of existing single-family structures that continue to appear in accord with the single-family residential character.
The RO-H designation is to be used exclusively for the hospital area, located in the vicinity of 2nd Street NE
and Auburn Avenue, and is intended to be used for medical and related uses and those uses compatible with
the medical community.
C. P-1 Public Use Zone. The P-1 zone is intended to provide for the appropriate location and development
of public uses that serve the cultural, educational, recreational, and public service needs of the community.
D. I Institutional Zone. The I zone is intended to provide an area wherein educational, governmental,
theological, recreational, cultural and other public and quasi-public uses may be allowed to develop. It is further
intended these areas be significant in scope which will allow a combination of uses which may not be permitted
outright within other zones. This district is not intended to include those smaller or singular public uses which
are consistent with and permitted in other zones.
E. OS Open Space Zone. The OS zone is intended to provide for land uses that tend to be managed in a
largely undeveloped character, including passive parks, watersheds, natural and urban conservancy shoreline
areas, significant wildlife habitats, large stormwater detention ponds or floodplain ponds, utility corridors with
public access, and areas with significant development restrictions. Park lands included in the Open Space zone
tends to be predominately passive in character and with relatively fewer developed facilities than parks
included in the Institutional zone. Private sites containing critical areas or shorelines may be included.
18.35.030 Uses.
A. General Permit Requirements. Table 18.35.030 identifies the uses of land allowed in each special
purpose zone and the planning permit required to establish each use.
B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.35.030 (“Standards for
Specific Land Uses”) includes a section number, the referenced section determines other requirements and
standards applicable to the use regardless of whether it is permitted outright or requires an administrative
or conditional use permit.
OPEN SPACE ZONE: PROPOSED CODE
January 2017 9
Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations
Standards for
Specific Land Uses
RO RO-H P-1 I OS
PUBLIC
Animal shelter, public X X P X X
Government facilities, this excludes
offices and related uses that are permitted
outright
A A P P C
Municipal parks and playgrounds P P P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY
Campgrounds and recreational vehicle
parks, private
X X X P P
Recreational vehicle parks, private X X X P X
Cemetery, public X X P A X
Cemetery, private X X X A X
College, university, public X X A A X
Commercial recreation facility – Indoor X X X P X
Commercial recreation facility – Outdoor X X X A C ACC 18.57.025(A)
Conference/convention facility X X X A X
Library, museum X X P P A
Meeting facility, public or private A A P P A
OPEN SPACE ZONE: PROPOSED CODE
January 2017 10
Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations
Standards for
Specific Land Uses
RO RO-H P-1 I OS
Private school – specialized
education/training (for profit)
P P X P X
Public schools (K-12) and related facilities X X P P X
Religious institutions, lot size less than
one acre
A P X P X
Religious institutions, lot size more than
one acre
C A X P X
Studio – Art, dance, martial arts, music,
etc.
P X X X X
RESIDENTIAL
Duplex P (1) X X A X
Home occupation P P X P P Chapter 18.60 ACC
Live/work, work/live unit A P X A X
Multiple-family dwellings, stand-alone P (2) A (3) X A X
One detached single-family dwelling P X X X P (5)
Nursing home, assisted living facility A A X P X
Senior housing A A X A X
RETAIL
OPEN SPACE ZONE: PROPOSED CODE
January 2017 11
Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations
Standards for
Specific Land Uses
RO RO-H P-1 I OS
Restaurant, cafe, coffee shop, excluding
drive-through facilities
A A P A X
SERVICES
Banking and related financial institutions,
excluding drive-through facilities (4)
P P X X X
Daycare, including mini daycare, daycare
center, preschools or nursery schools
A P X P A
Home-based daycare P P X P P
Medical services – Clinic or urgent care
(4)
P P X X X
Mortuary, funeral home, crematorium X P X X X
Professional offices P P X A A
Personal service shops P P X X X
Pharmacies X P X X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Utility facilities, substations, utility
transmission or distribution line
X X X X A See ACC 18.02.040(E)
OTHER USES THAT ARE NOT LISTED
OPEN SPACE ZONE: PROPOSED CODE
January 2017 12
Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations
Standards for
Specific Land Uses
RO RO-H P-1 I OS
Other uses may be permitted by the
planning director or designee if the use is
determined to be consistent with the
intent of the zone and is of the same
general character of the uses permitted.
P P P P P
Notes:
1. Duplexes, 3,600 square feet of lot area per dwelling unit is required.
2. Multifamily dwellings; provided, that 2,400 square feet of lot area is provided for each dwelling unit.
3. Multifamily dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit.
4. Permitted within a public college or university as an amenity or service provided to students. A stand-alone bank or
medical services/clinic is not permitted.
5. One single-family detached dwelling unit per existing legal lot. No residential subdivisions permitted in the open
space zone.
18.35.040 Development standards.
Hereafter, no use shall be conducted and no building, structure and appurtenance shall be erected, relocated,
remodeled, reconstructed, altered or enlarged unless in compliance with the requirements in Table 18.35.040
(RO, RO-H, P-1, I, OS Zone Development Standards) and in compliance with the provisions of this title, and
then only after securing all permits and approvals required hereby. These standards may be modified through
either an administrative variance or variance, subject to the procedures of Chapter 18.70 ACC.
OPEN SPACE ZONE: PROPOSED CODE
January 2017 13
Table 18.35.040 RO, RO-H, P-1, I Zone Development Standards
Development Feature Requirement by Zones
RO
Residential
Office
RO-H
Residential
Office-Hospital
P-1
Public Use
I
Institutional
OS Open Space
Minimum lot area 7,200 sf None None 6,000 sf None
Minimum lot width, depth 50 ft, 80 ft None None 60 ft, 80 ft None
Maximum lot coverage 55 percent
(1)
None None 35 percent 5 percent
Maximum impervious area NA NA NA NA 10 percent (7)
Setbacks Minimum setbacks required for primary structures. See ACC 18.31.070 for
exceptions to these requirements.
Front 20 ft (2) 10 ft 20 ft 20 ft 20 ft
Side – Interior 5 ft None 5 ft (4) 5 ft 5 ft
Side – Corner 10 ft 10 ft 10 ft 10 ft 10 ft
Rear 25 ft (3) None 25 ft 25 ft 25 ft
Accessory structure(s) See note
(5) below
NA NA See note (5)
below
Height limit Maximum allowable height of structures. See ACC 18.31.030 (Height
limitations – Exceptions) for height limit exceptions.
Maximum height 35 ft 65 ft 45 ft 45 ft (6) 35 ft
Fences and hedges See Chapter 18.31 ACC
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
OPEN SPACE ZONE: PROPOSED CODE
January 2017 14
Table 18.35.040 RO, RO-H, P-1, I Zone Development Standards
Development Feature Requirement by Zones
RO
Residential
Office
RO-H
Residential
Office-Hospital
P-1
Public Use
I
Institutional
OS Open Space
Signs See Chapter 18.56 ACC
Lighting See Chapter 18.55 ACC
Nonconforming structures, land
and uses
See Chapter 18.54 ACC
Notes:
1. New single-family residential or conversions of single-family residences to commercial uses with additions greater
than a total or cumulative area of 200 square feet on the property since the adoption of Ordinance No. 6231, then
the maximum lot coverage is 35 percent.
2. New single-family residential or conversions of single-family residences to commercial uses with additions of 200
square feet or less, then the front yard setback is 10 feet.
3. New single-family residential or conversions of single-family residences to commercial uses with additions of 200
square feet or less, then the rear yard setback is 15 feet.
4. A 25-foot setback is required when adjacent to a residential zone.
5. Accessory structures shall meet all the required setbacks of the zone with the exception that the rear
yard setback may be reduced to five feet; provided, that any structure with a vehicle entrance from a street (public
or private) or public alley shall be set back a minimum of 20 feet.
6. Maximum building height for residential dwellings: 30 feet. Accessory buildings to residential dwellings: 16 feet.
7. Maximum impervious area includes all hard surfaces per Auburn City Code 13.48.010(J).
OPEN SPACE ZONE: PROPOSED CODE
January 2017 15
18.35.050 Additional development standards for both the RO and RO-H zones.
A. All uses shall be conducted entirely within an enclosed structure, except noncommercial municipal
automobile parking facilities in the RO-H zone.
B. There shall be no outside storage of materials allowed.
C. Refuse cans, containers or dumpsters shall be screened from the view of adjoining properties.
D. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage
facilities, shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous
waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW).
E. Any new construction, including additions and alterations, within the RO district shall utilize similar bulk,
scale, and architectural and landscape elements of the existing site structure or those of the neighborhood in
which the property is located. A site plan and building elevation plans shall be prepared by the applicant which
address compliance with the requirements as outlined in this subsection. The plans shall be approved by
the planning director or designee prior to the issuance of any building permits.
The planning director and the public works director or designees may deviate from the development
standards under ACC 18.35.040 up to 10 percent, for example, reduce rear yard setback by one and one-half
feet, to address unusual circumstances for conversions of single-family residential uses to nonresidential uses.
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January 2017 16
ATTACHMENT B – Excerpt of Key Definitions from Auburn City Code
18.04.025 Administrative use.
“Administrative use” means a use permitted in a zone only after review and approval by the planning
director or designee. Administrative uses are those which typically have some potential for impacts to
neighboring properties, but which may be permitted within a zone following review by the city to establish
conditions mitigating impacts of the use and to assure compatibility with other uses in the zone.
18.04.200 Building height.
“Height of building” means the vertical distance measured from the finished grade to the highest point of
the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge
for gable, hip and gambrel roofs. If a structure has none of the above features then the height shall be
measured from the finished grade to the highest portion of the structure. See Figure 18.04.200. (Ord.
6245 § 3, 2009; Ord. 4229 § 2, 1987.)
18.04.260 Conditional use.
“Conditional use” means a use permitted in a zone only after review and approval by the hearing
examiner. Conditional uses are such that they may be compatible only on certain conditions in specific
locations in a zone, or if the site is regulated in a certain manner in order to achieve the purposes of this
title.
18.04.310 Development standards.
“Development standards” means regulations pertaining to setbacks, landscaping, height, site coverage,
signs, building layout, site design and related features of land use.
18.04.550 Lot coverage.
“Lot coverage” means that percentage of the plot or lot area covered by all buildings including
accessory buildings and uses. Coverage is determined by measuring along a horizontal plane from the
outermost edge of eaves, cornices, overhangs, or areas covered by a weathertight roof. The first two feet
of an eave overhang will, however, not be used in the lot coverage calculation. See Figure 18.04.550.
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January 2017 17
18.04.696 Permitted use.
“Permitted use” means a land use that is allowed outright within a zone.
18.04.752 Prohibited use.
“Prohibited use” means any use which is not specifically enumerated or interpreted by the city as
allowable in that zone. Any use not specifically listed as a permitted, administrative, conditional, or
accessory use is prohibited, except those determined to be unclassified and permitted by the planning
director pursuant to ACC 18.02.120(C)(6). Any prohibited use is illegal.
18.04.497 Impervious surface.
“Impervious surface” means a hard surface area which either prevents or retards the entry of water into
the soil mantle as under natural conditions prior to development. A hard surface which causes water to
run off the surface in greater quantities or at an increased rate of flow from the flow present under natural
conditions prior to development.
18.04.810 Setback.
“Setback” means the distance between a lot line and the corresponding parallel setback line.
13.48.010(J) Hard surface.
“Hard Surface” means an impervious surface, a permeable pavement, or a vegetated roof.
Planning Commission – Rules of Procedure
CITY OF AUBURN
PLANNING COMMISSION
RULES OF PROCEDURE
ADOPTED NOVEMBER, 1983
REVISED NOVEMBER, 1988
UPDATED APRIL, 2000
REVISED FEBRUARY, 2007
REVISED APRIL 2, 2013
REVISED MARCH 8, 2016
Planning Commission – Rules of Procedure
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PLANNING COMMISSION - RULES OF PROCEDURE
TABLE OF CONTENTS
SECTION SUBJECT PAGE
I. NAME..........................................................1
II. MEETINGS.................................................1
III. ELECTION OF OFFICERS.........................2
IV. CHAIR.........................................................2
V. SECRETARY..............................................3
VI. QUORUM....................................................3
VII. ABSENCE OF MEMBERS..........................3
VIII. ACTIONS DEFINED...................................3
IX. AGENDA.....................................................4
X. PUBLIC HEARING.....................................4-6
XI. CONFLICT OF INTEREST.........................6-7
XII. AMENDMENT............................................7
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CITY OF AUBURN PLANNING COMMISSION
RULES OF PROCEDURE
We, the members of the Planning Commission of the City of Auburn, do hereby adopt,
publish, and declare the following Rules of Procedure:
I. NAME:
The official name of the City of Auburn advisory planning agency shall be "The
City of Auburn Planning Commission." The membership and terms of office of the
members of the Planning Commission shall be as provided in Chapter 2.45 of the
Auburn City Code (ACC).
II. MEETINGS:
1. All meetings will be held at the Auburn City Hall, Auburn, Washington,
unless otherwise directed by the Secretary or Chair of the Planning
Commission.
2. Regular meetings shall be held on the Tuesday following the first Monday
of each month, and shall be open to the public. The meeting shall
convene at 7:00 P.M. unless otherwise directed by the Secretary or the
Chair.
3. If the first Monday of the month is a legal holiday, the regular meeting shall
be held on the following Wednesday. If a regular meeting day (Tuesday)
falls on a legal holiday or on the November General Election, the
Commission will convene on the following Wednesday.
4. Special meetings of the Planning Commission shall be at the call of the
Chair. Special meetings of the Planning Commission may also be called
by any three members of the Commission. A minimum notice of 24 hours
shall be provided for special meetings in accordance with State law.
5. If no matters over which the Planning Commission has jurisdiction are
pending upon its calendar, a meeting may be canceled at the notice of the
Secretary or Chair provided at least 24 hours in advance.
6. Except as modified by these rules of procedure, Robert's Rules of Order,
Newly Revised, most current version, shall govern the conduct of the
meetings.
7. Meetings of the Planning Commission shall be conducted in conformity
with the requirements of the Washington State Open Public Meetings
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Act, Chapter 42.30 of the Revised Code of Washington (RCW).
Executive sessions can only be held in accordance with the provisions
of Section 42.30.110 RCW.
8. The Planning Commission may conduct business in closed session as
allowed in conformity with Section 42.30.140 RCW .
9. An agenda shall be prepared in advance of every regular and special
meeting of the Planning Commission. Meeting agendas and materials
on items on an agenda for a regular meeting shall be provided to
members of the Planning Commission not less than five (5) days in
advance of the regular meeting. Meeting agendas and materials on
items on an agenda for a special meeting shall be provided to members
of the Planning Commission as promptly in advance of the meeting as
can reasonably be accomplished.
III. ELECTION OF OFFICERS:
1. The officers of the Commission shall consist of a Chair and Vice Chair
elected from the appointed members of the Commission and such other
officers as the Commission may, by the majority vote, approve and
appoint.
2. The election of officers shall take place once each year at the
Commission’s first regular meeting of each calendar year. The term of
office of each officer shall run until the subsequent election.
3. The vacancy of the Chair or Vice-Chair during his or her term of office
shall be filled for the remaining term of office by the Mayor and
confirmed by the City Council. The Chair would be replaced by the
Vice-Chair or the Vice-Chair would be elected by the vote of the
Planning Commission.
IV. CHAIR:
1. The Chair shall preside over the meetings of the Commission and may
exercise all the powers usually incident of the office. The Chair shall be
considered as a member of the Commission and have the full right to
have his/her own vote recorded in all deliberations of the Commission.
Unless stated otherwise, the Chair's vote shall be considered to be
affirmative for the motion.
2. The Chair shall have power to create temporary committees of one or
more members. Standing committees of the Commission shall be
created at the direction of the Commission and appointed by the Chair.
Standing or temporary committees may be charged with such duties,
examinations, investigations and inquiries relative to one or more
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subjects of interest to the Commission. No standing or temporary
committee shall have the power to commit the Commission to the
endorsement of any plan or program without the approval at the regular
or special meeting of the Commission.
3. The Vice Chair shall in the absence of the Chair, perform all the duties
incumbent upon the Chair.
4. In the event of the absence of the Chair and Vice Chair, the senior
member of the Commission present shall act as Chair for that meeting
or may delegate the responsibility to another member.
V. SECRETARY:
The Planning and Development Director (“Director”), or his/her appointee,
shall act as the Secretary for the Planning Commission and shall keep a
record of all meetings of the Commission and its committees. These records
shall be retained at the Planning and Development Department.
All public hearings shall be electronically recorded verbatim and may be
transcribed upon request of the Director, City Attorney, the majority of the
Commission, or City Council. Transcriptions may be requested by other
parties, in which case, the costs of transcription shall be borne by the
requesting party.
VI. QUORUM:
A simple majority of the appointed members shall constitute a quorum for the
transaction of business. A simple majority vote of the quorum present shall be
sufficient to take action on the matters before the Commission; provided that if
at any time during the meeting, a quorum is no longer present, the meeting
may only continue for the time and duration necessary to fix a time for
adjournment, adjourn, recess or take measures to obtain a quorum .
VII. ABSENCE OF MEMBERS:
In the event of a member being absent for two (2) consecutive regular
meetings, or being absent from 25% of the regular meetings during any
calendar year, without being excused by the Chair, the Chair may request that
the Mayor ask for his or her resignation. To be excused, members must inform
the planning commission’s secretary in advance if they cannot attend a
scheduled meeting.
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VIII. ACTIONS DEFINED:
The rules of the Commission impose different requirements according to the
type of action before the Commission.
1. Legislative actions are those which affect broad classes of people of the
whole City. These actions include adopting, amending, or revising
comprehensive, community, or neighborhood plans, or other land use
planning documents or the adoption of area wide zoning ordinances or
the adoption of a zoning ordinance amendment that is area wide in
significance.
2. Quasi-judicial actions of the Planning Commission are those actions
which determine the legal rights, duties, or privileges of specific parties
in a hearing or other contested case proceeding. Quasi-judicial actions
include actions that would otherwise be administrative or legislative if
applied more widely or city-wide, rather than affecting one or a small
number of persons or properties. Quasi-judicial actions do not include
the legislative actions adopting, amending, or revising comprehensive,
community, or neighborhood plans or other land use planning
documents or the adoption of area-wide zoning ordinances or the
adoption of a zoning amendment that is of general or area-wide
significance.
3. Organizational actions are those actions related to the organization and
operation of the Commission. Such actions include adoption of rules,
directions to staff, approval of reports, election of officers, etc.
IX. AGENDA:
An agenda shall be prepared for each meeting consisting of the following
order of business:
1. CALL TO ORDER
a) Roll Call/Establishment of Quorum
b) Pledge of Allegiance
2. Approval of Minutes
3. Public Comment
4. Public Hearings
5. Other Business Items as Appropriate
6. Community Development Report
7. Adjournment
Additional items may be added to the agenda by the Planning Commission. The
Chair shall have the discretion to amend the order of business.
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X. PUBLIC HEARINGS:
The procedure for conducting all public hearings will be as follows:
1. Chair opens the public hearing and establishes whether the proponent ,
if applicable, is in attendance.
2. Staff Report.
3. Testimony of Proponent, if applicable.
4. Chair calls for other testimony, either for or against. Testimony must be
called for three times. The Chair shall have the discretion to set time
limits on individual public testimony.
5. Questions of staff or persons presenting testimony.
6. Chair closes public hearing.
7. A public hearing may be reopened by motion to accept additional
testimony.
8. Deliberation.
9. Voting:
A. Any member, including the Chair, not voting or not voting in an
audible voice shall be recorded as voting in favor of the motion.
B. The Chair, Secretary, or upon request from a Commission
member, may take a roll call vote.
C. It is the responsibility of each member of the Planning
Commission to vote when requested on a matter before the full
Commission. However, a member may abstain from discussion
and voting on a question because of a stated conflict of interest
or appearance of fairness.
D. If any member of the Planning Commission wishes to abstain,
from a vote on the motion, that member shall so advise the Chair
and, if there is no objection to the abstention, shall remove and
absent himself/herself from the deliberations and considerations
of the motion, and shall have no further participation in the
matter. Such advice shall be given prior to any discussion or
participation on the subject matter or as soon thereafter as the
member perceives a need to abstain, provided that, prior to the
time that a member gives advice of an intent to abstain from an
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issue, the member shall confer with the City Attorney to
determine if the basis for the member's intended abstention
conforms to the requirements hereof. If the intended abstention
can be anticipated in advance, the conference with the City
Attorney should occur prior to the meeting at which the subject
matter would be coming before the Planning Commission. If that
cannot be done, the member should advise the Chair that he/she
has an "abstention question" that he/she would want to review
with the City Attorney, in which case, a brief recess would be
afforded the member for that purpose before proceeding further.
E. If a tie vote exists, after recording the Chair's vote, the motion
fails. However, a motion for denial that fails on a tie vote shall
not be considered an approval.
8. Continuing an Item:
If the Commission wishes to continue a public hearing item, the Chair
should open the public hearing, solicit testimony, and request a motion
from the Commission to continue the public hearing item to a time,
place, and date certain. If any matter is tabled or postponed without
establishing a date, time, and place certain, the matter shall be
scheduled for a hearing pursuant to Auburn City Code (ACC) Section
18.68.040 before the matter may be considered again.
9. Findings of Fact:
The Commission should adopt findings of fact and conclusions for
actions taken involving public hearing items. The findings and
conclusions may be approved by any one of the following methods:
A. The Commission may adopt in whole, in part, or with
amendments, the written findings prepared by staff. Motions to
approve the staff recommendations shall be deemed to
incorporate such findings and conclusions unless otherwise
indicated. Such findings and conclusions do not have to be read
in order to be deemed a part of the record.
B. The motion to take action may adopt oral finding statements
made by Commission members or staff during the hearing or
deliberation.
C. The motion to take an action may direct that additional written
findings and conclusions be developed based on the hearing and
deliberation of the Commission.
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D. Findings and conclusions may be approved or amended at any
time by the Planning Commission, but all such actions shall be
based on the record of the matter at hand.
10. Order of Hearings:
Normally the order of hearings shall be as published in the agenda.
However, the Chair in order to avoid unnecessary inconvenience to
people wishing to testify, or the late arrival of a proponent, may change
the order as may be necessary to facilitate the meeting. If the
proponent does not appear at the public hearing, the Planning
Commission may continue the public hearing until the next meeting in
order to ensure adequate consideration of the proposal. However, in
such case the Chair shall take whatever testimony that may be given
before accepting a motion to continue pursuant to Section (8).
XI. CONFLICT OF INTEREST:
A. Any member of the Commission who in his or her opinion has an
interest in any matter before the Commission that would tend to
prejudice his or her actions shall publicly indicate, step down and leave
the meeting room until the matter is disposed. A member need only be
excused from legislative or organizational action if the potential conflict
of interest is direct and substantial.
(1) No member of the Planning Commission may use his or her
position to secure special privileges or exemptions for himself,
herself, or others.
(2) No member of the Planning Commission may, directly or
indirectly, give or receive or agree to receive any compensation,
gift, reward, or gratuity from a source except the employing
municipality, for a matter connected with or related to the
officer's services as such an officer unless otherwise provided for
by law.
(3) No member of the Planning Commission may accept
employment or engage in business or professional activity that
the officer might reasonably expect would require or induce him
or her by reason of his or her official position to disclose
confidential information acquired by reason of his or her official
position.
(4) No member of the Planning Commission may disclose
confidential information gained by reason of the officer's position,
nor may the officer otherwise use such information for his or her
personal gain or benefit.
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(5) No member of the Planning Commission may take any action
that is prohibited by Chapter 42.23 RCW or any other statutes
identifying conflicts of interest.
B. Appearance of Fairness:
Commission members shall strive to follow, in good faith, the
Appearance of Fairness Doctrine as established under Washington
State Law as it applies to quasi-judicial decisions (RCW 42.36) even for
legislative actions before the Commission. The doctrine includes but is
not limited to the following:
1. Members shall avoid communicating in respect to any proposal
with any interested parties, other than staff, outside of public
hearings. Written communication from an interested party to a
member may be permitted provided that such communication is
made part of the record.
2. Members shall avoid drawing conclusions regarding decisions
until after the public hearing is closed.
3. Members shall avoid participating in decisions which affect their
or any family member's property, personal or business interest,
or organization.
4. Members shall avoid participating in decisions in which a
preconceived bias or conclusion has been formed in the mind of
the member prior to the hearing.
5. If any concern relating to Items 1 through 4 should arise, the
affected member shall declare at the start of the public hearing
on the matter, the extent of such concern and whether the
member's decision has been influenced. If the member has
been influenced, or if the extent of the concern is significant, the
member shall be excused by the Chair from the meeting room
and his vote recorded as an abstention.
If, under these rules, a quorum would be excused from the meeting, the
Chair in order to establish a quorum, shall under the rule of necessity,
permit sufficient members (beginning with those who are least affected
by these rules) to participate in the decision.
No member may participate in any decision if the member had not
heard the testimony presented at the hearing on the matter. Such
member may, however, listen to the recording of the hearing in order to
satisfy this requirement.
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These rules are intended to be consistent with RCW 42.36. In the case
of any conflict, RCW 42.36 or applicable case law shall govern.
XII. AMENDMENT:
The Rules of Procedure may be amended at any regular meeting of the
Commission by a majority vote of the entire membership. The proposed
amendment should be presented in writing at a preceding regular meeting.