HomeMy WebLinkAbout06-01-2020 CITY COUNCIL AGENDACity Council Meeting
J une 1, 2020 - 7:00 P M
Virtual and City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
I I .Virtual Participation Link
1.Virtual P articipation L ink
T he City Council Meeting will be held virtually and in person in the Council
Chambers. The public is highly encouraged to attend the meeting by clicking on
the link or calling into the meeting at the phone number listed below.
J oin from a P C, Mac, iP ad, iPhone or Android device:
Please click this UR L to join. https://zoom.us/j/91985073364
Or join by phone:
253 215 8782
888 475 4499 (Toll Free)
Webinar I D: 919 8507 3364
A .P ledge of Allegiance
B .Roll Call
I I I .AG E ND A M O D I F IC AT I O NS
I V.NE W B US I NE S S
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.Virtual P articipation
The public is highly encouraged to attend the meeting virtually. I f you are
attending in person the City requests that you wear a mask and practice social
distancing.
Participants can submit written comments via mail, fax or email. A ll written
Page 1 of 159
comments must be received prior to 7:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
Please mail comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Please email comments to:
scampbell@auburnwa.gov
C.Correspondence - (T here is no correspondence for Council review.)
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the May 11, 2020 S tudy S ession
B .Minutes of the May 18, 2020 City Council Meeting
C.Claim Vouchers (Thomas)
Claim voucher list dated J une 1, 2020 which includes voucher numbers 458739
through 458916 in the amount of $758,755.42 and four wire transfers in the amount of
$726,850.15
D.P ayroll Vouchers (T homas)
P ayroll check numbers 538921 through 538927 in the amount of $557,917.22 and
electronic deposit transmissions in the amount of $1,991,750.03 for a grand total of
$2,549,667.25 for the period covering May 13, 2020 to May 26, 2020
E .Council Rules of P rocedure
City Council to suspend Council Rules of P rocedure 3.1(H), 4.1, 10.1, 11.2(B ) and
16.1 that were amended on May 11 , 2020 during the City Council Study Session
through J uly 31, 2020 and allow the virtual and telephonic participation in Council
meetings
Page 2 of 159
F.S etting the date for P ublic Hearing for the T I P (Gaub)
City Council to set the date of the Public Hearing for the 2021-2026 Transportation
I mprovement P rogram
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.O RD INANC E S
A .Ordinance No. 6761 (Tate)
A n Ordinance relating to F lood Hazard A reas and amending Chapter 15.68 of the
A uburn City Code
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6761.)
X .RE S O L UT IO NS
A .Resolution No. 5516 (Gaub)
A Resolution authorizing the Mayor to accept federal grants to be administered through
the Washington S tate Department of Transportation (W S D O T)
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5516.)
B .Resolution No. 5518 (Gaub)
A Resolution authorizing an interlocal agreement with King County Metro and P ierce
Transit for Transit Route 497
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5518.)
C.Resolution No. 5520 (Gaub)
A Resolution authorizing the Mayor to execute an I nterlocal Agreement between the
City of Auburn and the Auburn School District relating to Project C P 1902 – Pedestrian
S afety S idewalk and A D A I mprovements
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5520.)
D.Resolution No. 5523 (Tate)
A R esolution adopting the substantial amendment to the 2019 Community
Development Block Grant Annual Action P lan to incorporate C D B G-C V funds
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5523.)
X I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
Page 3 of 159
X I I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 159
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 11, 2020 Study Session
Date:
May 27, 2020
Department:
City Council
Attachments:
05-11-2020 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 1, 2020 Item Number:CA.A
Page 5 of 159
City Council Study Session Community
W ellness Special Focus Area
May 11, 2020 - 5:30 P M
Virtual
MINUT E S
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I .C A L L TO O R D E R
D eputy Mayor D aCorsi called the meeting to order at 5:30 p.m. in the Council
C hambers of Auburn C ity Hall, 25 West Main S treet in Auburn.
I I .Virtual P articipation L ink
A.Virtual P articipation L ink
The City Council Meeting was held virtually in the Council Chambers.
B.R oll Call
C ouncilmembers virtually present: D eputy Mayor Claude DaCorsi, B ob Baggett,
L arry B rown, J ames J eyaraj and Chris S tearns. Councilmember R obyn
Mulenga and C ouncilmember Yolanda Trout-Manuel arrived at 5:31 p.m.
Mayor Nancy Backus and the following department directors and staf f members
were present: O utreach Program A dministrator Kent Hay, Director of
I nformation and Technology David Travis, I nnovation and Technical S upport
Specialist Danika Olson, Chief of P olice D an O'Neil and City Clerk S hawn
C ampbell.
T he following department directors and staf f members attended the meeting
virtually: S enior City S taff Attorney Harry B oesche, A ssistant I nformation and
Technology D irector Ashley Riggs, Director of F inance J amie T homas,
Assistant F inance Director Kevin F uhrer, Director of Parks, A rts, and R ecreation
D aryl F aber, D irector of Community Development J eff Tate, Director of Human
R esources and R isk Management Candis Martinson, Human S ervices Manager
J oy Scott and Director of Public Works I ngrid Gaub.
I I I .NE W B US I NE S S
A.C ouncil Rules of Procedure
(R E C O MME ND E D A C T I O N: Move to extend the suspension of Council R ules of
P rocedure 3.1(H), 4.1, 10.1, 11.2(B ) and 16.1 that were amended on April 6, 2020
during the C ity C ouncil Meeting through J une 2, 2020 and allow the virtual and
telephonic participation in Council meetings.)
Page 1 of 4Page 6 of 159
Mayor Backus explained the motion to extend the suspension of Council
Rules of Procedure 3.1(H), 4.1, 10.1, 11.2(B ) and 16.1 that were
amended on A pril 6, 2020 during the C ity C ouncil Meeting through J une 2,
2020 and allow the virtual and telephonic participation in C ouncil meetings.
Deputy Mayor D aCorsi moved and C ouncilmember Trout-Manuel
seconded to extend the suspension of C ouncil Rules of P rocedure
3.1(H), 4.1, 10.1, 11.2(B) and 16.1.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
I V.A NNO UNC E ME NT S , P R O C L A MAT I O NS, A ND P R E S E NTAT I O NS
A.National P olice Week & P eace O f f icers Memorial Day P roclamation
Mayor B ackus to proclaim May 10-16, 2020 as National P olice Week and observe May
13, 2020 as National P eace O f f icers Memorial D ay in the C ity of A uburn
Mayor Backus read and proclaimed May 10-16, 2020 as National P olice
Week and May 13, 2020 as National Peace Of f icers Memorial Day in the
City of Auburn.
V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A.Ordinance No. 6774 (Thomas)(20 Minutes)
A n O rdinance providing for the issuance of one or more series of Utility System
R evenue and R efunding B onds
A ssistant D irector Fuhrer explained that the City works with P acif ica L aw
G roup for Bond I ssues and introduced P artner D eanna Gregory.
Ms. G regory provided Council with an overview of municipal debt financing
and the debt issuance process. S he also reviewed the type of municipal
financing, types of debt, legal requirements and key transaction
milestones.
A ssistant D irector Fuhrer shared the types of projects that would be
funded with the bond revenue. He explained the current variability in the
market and the potential cost savings. He thanked the B ond C ounsel,
F inance team and the Public Works team for their work on the rating
document.
Council discussed the impact the pandemic has had on the market, the
amount of bonding revenue and requested a copy of Assistant D irector
F uhrer's presentation.
Page 2 of 4Page 7 of 159
B.I nterlocal Agreements for Homelessness A ssistance (B ackus)(15 Minutes)
Mayor Backus introduced Outreach Program Administrator K ent Hay, who
is working on the homelessness issues in the C ity.
A dministrator Hay provided C ouncil with his background and experience.
He explained his philosophy on his job and how he plans to help with
homelessness in Auburn. He explained the purpose of the two interlocal
agreements and the ways this will help him serve the homeless population
in A uburn.
Council discussed how Administrator Hay is being received in the
community and the type of demographic information being collected.
C .P arks, Arts and R ecreation Covid Update (F aber)(20 Minutes)
P resentation of past actions and recovery planning as it relates to P arks, A rts and
R ecreation and C ovid-19 restrictions
Director F aber provided Council with an update to the P arks Arts and
Recreation Department during the C O V I D-19 P andemic. He provided
Council with a timeline for the C O V I D -19 closures, the various programs
available to vulnerable seniors, outreach to participants, event
cancellations and the timeline and approach f or reopening parks and
recreational facilities.
Council discussed how social distancing will work at the A uburn Avenue
T heater and conf irmed with D irector F aber that there will not be an
opening ceremony f or the F armer's Market due to social distancing
guidelines.
V I .C O MMUNI T Y W E L L NE S S D I S C US S I O N I T E MS
A.Overview of the 2021/2022 Human S ervices Grant Funding A pplication and R eview
P rocess (Tate)(10 Minutes)
Councilmember Trout-Manuel presided over this section of the meeting.
Manager Scott provided Council with an overview of the 2021-2022
Human Services Grant F unding. S he discussed the diff erence between
the Human S ervice general funds and the Community Development Block
G rant (C D B G) funds, the application process for Human S ervices funding,
the outreach prior to the application cycle, the technical assistance and
support provided, number of applications received and the application
review timeline.
Council requested a list of agencies that are currently being f unded.
Page 3 of 4Page 8 of 159
B.S tatus of Human Service A gencies A midst C O V I D Pandemic (Tate)(10 Minutes)
S taf f to provide a status report of how Human S ervice agencies are performing and
coping during the C O V I D-19 pandemic
Manager Scott reviewed the Human Services Program, the impacts of
C O V I D-19 on local agencies and C ity staf f and regional efforts to assist
providers during C O V I D-19.
Council discussed the requirements needed for funding, the cost of
increasing capacity and the ability of agencies to become more virtual.
C .Overview of C D B G C V Federal F unds (Tate)(30 Minutes)
S taf f to provide an overview of the process and restrictions related to allocating C D B G
C V funds
Manager Scott provided Council with the background of the Coronavirus
A id, R elief and Economic S ecurity A ct (C A R E S A ct) Grant funding. She
shared the comparison between regular C ommunity Development B lock
G rant (C D B G) funds and the C A R E S Act C D B G funds, she provided a
timeline f or the C D B G-C V funding deployment, the staff implementation
considerations, the opportunities for distribution of funding and the timeline
for the C D B G-C V funding A ction Plan amendment.
Council discussed using funds to assist residents that are already
homeless to help protect them f rom contacting the coronavirus and mobile
testing locations.
V I I .O T HE R D I S C US S I O N I T E MS
T here were no other discussion items.
V I I I .A D J O UR NME NT
T here being no f urther business to come before the C ouncil, the meeting was
adjourned at 8:00 p.m.
A P P R O V E D this 1st day of J une, 2020.
________________________________ ______________________
C L A UD E D A C O R S I , D E P UT Y MAYO R Shawn C ampbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail . Complete agenda packets are available for revi ew
at the City Clerk's Office.
Page 4 of 4Page 9 of 159
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 18, 2020 City Council Meeting
Date:
May 27, 2020
Department:
City Council
Attachments:
05-18-2020 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 1, 2020 Item Number:CA.B
Page 10 of 159
City Council Meeting
May 18, 2020 - 7:00 P M
Virtual
MINUT E S
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Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
I I .Virtual Participation Link
1.Virtual P articipation L ink
T he City Council Meeting was held virtually in the Council Chambers.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn and
led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, L arry Brown, J ames J eyaraj, Chris Stearns and Yolanda Trout-
Manuel. Councilmember Robyn Mulenga was excused. Councilmember
Trout-Manual left the meeting at 7:15 p.m.
Mayor Nancy Backus and the following department directors and staff
members were present: I nnovation and Technical Support S pecialist
Danika Olson, Chief of Police Dan O’Neil, Director of Technology David
Travis and City Clerk S hawn Campbell.
The following department directors and staff members attended the
meeting virtually: Attorney Daniel Heid, Director of Community
Development J eff Tate, Director of P arks, A rts, and Recreation Daryl
Faber, Director of Public Works I ngrid Gaub, Assistant I T Director A shley
Riggs, Director of Human Resources and Risk Management Candis
Martinson and Human S ervices Manager J oy Scott.
I I I .AP P O I NT M E NT S
A .S alary Commission Appointment
City Council to appoint J udith A nderson to the S alary Commission f or a four year term
to expire on December 31, 2023
Page 1 of 5Page 11 of 159
Deputy Mayor DaCorsi moved and Councilmember Trout-Manuel
seconded to appoint J udith Anderson to the Salary Commission for a four-
year term to expire December 31, 2023.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
I V.AG E ND A M O D I F IC AT I O NS
Mayor Backus read and proclaimed "Our commitment to an inclusive
community that rejects stigma and bias related to C O V I D-19" in the city of
A uburn, and urge residents to treat each other with respect and work
together to overcome all expressions of hate and bigotry.
V.NE W B US I NE S S
There was no new business.
V I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.Virtual P articipation
B ob Z immerman, 33029 46th Place South, A uburn
Mr. Z immerman shared concerns about perceived safety volitions and the
ensuing of criminal investigations.
C.Correspondence
There was no correspondence for Council to review.
V I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
Councilmember B aggett, Chair of the Finance ad hoc committee,
reported he and Councilmember Stearns have reviewed the claims
and payroll vouchers described on the Consent Agenda this evening
and recommended their approval.
Page 2 of 5Page 12 of 159
V I I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the April 20, 2020 Regular Council Meeting
B .Minutes of the April 27, 2020 S tudy S ession
C.Claim Vouchers (Thomas)
Claim vouchers list dated May 4, 2020 which includes voucher numbers 458259
through 458468 in the amount of $734,184.72 and two wire transfers in the amount of
$175,541.70
Claim vouchers list dated May 18, 2020 which includes voucher numbers 458469
through 458738 in the amount of $2,757,239.90 and six wire transfers in the amount of
$1,021,951.38
D.P ayroll Vouchers (T homas)
P ayroll check numbers 538907 through 538920 in the amount of $771,126.66 and
electronic deposit transmissions in the amount of $4,113,540.64 for a grand total of
$4,884,667.30 for the period covering A pril 14, 2020 to May 12, 2020
Deputy Mayor DaCorsi moved and Councilmember B rown seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
I X.UNF INIS HE D B US I NE S S
There was no unfinished business.
X .O RD INANC E S
A .Ordinance No. 6774 (T homas)
A n Ordinance providing for the issuance of one or more series of Utility S ystem
Revenue and Refunding Bonds
Deputy Mayor DaCorsi moved and Councilmember J eyaraj seconded to
adopt Ordinance No. 6774.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
Page 3 of 5Page 13 of 159
X I .RE S O L UT IO NS
A .Resolution No. 5515 (B ackus)
A Resolution authorizing the Mayor to execute an I nterlocal Datashare
A greement with the Department of Social and Health S ervices
Councilmember Trout-Manuel moved and Councilmember Baggett
seconded to adopt Resolution No. 5515.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
B .Resolution No. 5517 (B ackus)
A R esolution authorizing the Mayor to execute an I nterlocal D atashare Agreement with
K ing County
Deputy Mayor DaCorsi moved and Councilmember J eyaraj seconded to
adopt Resolution No. 5517.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
C.Resolution No. 5519 (Tate)
A Resolution authorizing the Mayor to make administrative changes to the City of
A uburn’s Community Development B lock Grant Citizen P articipation Plan
Councilmember B rown moved and Councilmember S tearns seconded to
adopt Resolution No. 5519.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
D.Resolution No. 5521 (Faber)
A Resolution authorizing application submission for grant funding assistance for the
W hite River Trail P edestrian Bridge Trail Connection P roject
Councilmember S tearns moved and Councilmember J eyaraj seconded to
adopt Resolution No. 5521.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
E .Resolution No. 5522 (Faber)
A Resolution authorizing application submission for grant funding assistance for the
J acobsen Tree Farm P ark Development Project
Councilmember S tearns moved and Councilmember J eyaraj seconded to
adopt Resolution No. 5522.
Deputy Mayor DaCorsi stated the matching funds will come from Park
I mpact Fees.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
Page 4 of 5Page 14 of 159
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor DaCorsi reported he attended a virtual King County
A ffordable Housing Committee meeting.
Councilmember J eyaraj shared about the food delivery program to the
seniors in the area.
Councilmember B rown expressed his appreciation of the Mayor and staff
for their hard work.
Councilmember S tearns reported he attended the Watershed Resource
I nventory A rea 9 (W R I A 9) meeting and the "F orward Together Virtual
Conference for L ocal Government".
Councilmember B aggett reported he attended two Tacoma-P ierce County
B oard of Health meetings, Regional Transportation Committee meeting
and the Emergency Management A dvisory Coalition (E MA C) meeting.
B .From the M ayor
Mayor Backus reported she is meeting with Department Directors daily to
work on the City's C O V I D-19 response. She noted the City is putting
together a business roundtable to help the various business sectors for the
restarting of business.
X I I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 7:44 p.m.
A P P R O V E D this 1st day of J une, 2020.
_____________________________ ____________________________
NA NC Y B A C K US, MAYO R Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 5 of 5Page 15 of 159
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
May 26, 2020
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background Summary:
Claim voucher list dated June 1, 2020 which includes voucher numbers 458739 through
458916 in the amount of $758,755.42 and four wire transfers in the amount of $726,850.15.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:June 1, 2020 Item Number:CA.C
Page 16 of 159
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
May 26, 2020
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 538921 through 538927 in the amount of $557,917.22 and electronic
deposit transmissions in the amount of $1,991,750.03 for a grand total of $2,549,667.25 for
the period covering May 13, 2020 to May 26, 2020.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:June 1, 2020 Item Number:CA.D
Page 17 of 159
AGENDA BILL APPROVAL FORM
Agenda Subject:
Council Rules of Procedure
Date:
May 27, 2020
Department:
Administration
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to suspend Council Rules of Procedure 3.1(H), 4.1, 10.1, 11.2(B) and 16.1.
Background Summary:
During the March 12, 2020 Special City Council Meeting, the April 6, 2020 City Council
meeting and the May 11, 2020 Council Study Session the Council voted to approve the below
motions through June 2, 2020. To continue with all virtual and telephonic meeting
participation, Council will need to extend the following motions:
To suspend Council Rule 3.1(H), Regular Council Meetings Audience Participation, to allow
audience participation and telephonic public comments through June 2, 2020. Council will
also encourage audience participation through submitting written statements to:
scampbell@auburnwa.gov. All written statements must be submitted by 7PM on the day of
the regular set City Council Meeting and will be limited to 350 words.
To suspend Rule 4.1, Councilmember attendance at meetings, to allow Councilmembers to
attend all public meetings virtually or telephonically through July 31, 2020.
To suspend Rule 10.1, Comments, Concerns, and Testimony to Council, to allow persons
addressing the Council to do so telephonically through July 31, 2020.
To suspend Rule 11.2(B), Public Hearings, to allow virtual or telephonic audience attendance
and to allow virtual or telephonic comments for a public hearing through July 31, 2020.
Council will also encourage audience participation through submitting written statements to:
scampbell@auburnwa.gov. All written statements must be submitted by 7PM on the day of
the regular set City Council Meeting and will be limited to 350 words.
Page 18 of 159
To suspend Council Rule 16.1, Council Study Sessions, Committees, and Citizen Advisory
Boards, to allow Councilmembers to attend study sessions virtually or telephonically through
July 31, 2020.
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 1, 2020 Item Number:CA.E
Page 19 of 159
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting the date for Public Hearing for the TIP (Gaub)
Date:
May 26, 2020
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council set the date of the Public Hearing for the 2021-2026 Transportation
Improvement Program as June 15, 2020, at 7:00 pm.
Background Summary:
The City Council is asked to set a time and date for a public hearing to adopt the Six Year
Transportation Improvement Program (TIP). The public hearing is proposed to be held on
June 15th, 2020 during the City Council Meeting.
The T I P is required to be amended prior to J uly 1st each year as required by R C W
35.77.010. T he primary importance of the T I P is that, in most instances, projects must be
included on the T I P to be eligible for state and f ederal grant programs. T he T I P identifies
secured or reasonably expected revenues and expenditures f or each of the projects included
in the TIP.
The T I P is a multiyear planning tool and document for the development of transportation
facilities within the C ity and does not represent a financial commitment by the City. Once the
T I P is approved, projects are budgeted and funded through the City’s biennial budget. T he
T I P sets priorities for the allocation secured and unsecured funding and is a prerequisite of
most grant programs. S taf f also uses the T I P to coordinate f uture transportation projects with
needed utility improvements. T he projects and programs identif ied in the T I P that increase
the capacity of the transportation system to address growth and development provide the
basis for the City’s transportation impact fee program.
A summary of the proposed T I P changes was presented at City Council study session on
May 26th.
NEXT ST EPS:
The public hearing and adoption via resolution are scheduled for the June 15th City Council
meeting.
Rev iewed by Council Committees:
Page 20 of 159
Councilmember:Staff:Gaub
Meeting Date:June 1, 2020 Item Number:CA.F
Page 21 of 159
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6761 (Tate)
Date:
May 27, 2020
Department:
Community Development
Attachments:
Ordinance No. 6761
Ord 6761 Exhibit A - ACC Chapter 15.68 -
Strikethrough Underline Vers ion
Ord 6761 Exhibit B - ACC Chapter 15.68 - Clean
Vers ion
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6761.
Background Summary:
The reason that the Planning Commission’s recommendation to adopt Ordinance 6761 is
being brought forward to the City Council while under Governor Inslee’s various orders
related to the COVID 19 outbreak is because City action is required by August 19, 2020
under federal rule.
Staff presented the Planning Commission recommendation to adopt Ordinance 6761 to the
City Council during the May 26, 2020 Council Study Session. City Council expressed support
to move the recommendation forward for Council action at their June 1, 2020 meeting.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Meeting Date:June 1, 2020 Item Number:ORD.A
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--------------------------------
Ordinance No. 6761 1
May 26, 2020
Page 1 of 2
ORDINANCE NO. 6761
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO FLOOD HAZARD
AREAS AND AMENDING CHAPTER 15.68 OF THE
AUBURN CITY CODE
WHEREAS, the City is required as a condition of continued eligibility in the National
Flood Insurance Program to adopt floodplain management regulations that meet the
requirements of the federal floodplain management criteria for flood-prone areas; and
WHEREAS, state law requires cities to periodically review and update their Critical
Areas ordinances, one element of which is floodplain management regulations; and
WHEREAS, federal and state criteria for floodplain management have changed
since the City last revised its floodplain management regulations, in 2010; and
WHEREAS, to assist local governments update their codes, FEMA (Federal
Emergency Management Agency) provides cities with a floodplain management model
ordinance; and
WHEREAS, the City must revise its regulations to reference the latest Flood
Insurance Study, accompanying Flood Insurance Rate Maps (FIRMs), and supporting
information being adopted by FEMA and
WHEREAS, updating the floodplain management regulations enhances flood
safety and reduces flooding risks through premptive planning and by improving local
standards to reflect current science.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
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--------------------------------
Ordinance No. 6761 1
May 26, 2020
Page 2 of 2
Section 1. Amendment to City Code. Chapter 15.68 of the Auburn City Code
is repealed and reenacted to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance shall be effective and in force five
days from and after the passage, approval, and publication of this Ordinance as provided
by law but shall be implemented beginning on August 18, 2020.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 24 of 159
1
Ord. 6761 Exhibit A
ACC Chapter 15.68
Strikethrough Underline
Page 25 of 159
2
Chapter 15.68
FLOOD HAZARD AREASFLOODPLAIN DEVELOPMENT MANAGEMENT
Sections:
Article I. Purpose
15.68.010 Reserved.
15.68.020 Reserved.
15.68.030 Statement of purpose.
15.68.040 Methods of reducing flood losses.
Article II. Definitions
15.68.050 Interpretation of language.
15.68.060 Definitions.
Article III. General Provisions
15.68.070 Land to which this chapter applies.
15.68.080 Reserved.
15.68.090 Penalties for noncompliance.
15.68.100 Abrogation and greater restrictions.
15.68.110 Interpretation.
15.68.120 Warning and disclaimer of liability.
15.68.125 Appeals.
Article IV. Administration
15.68.130 Establishment of and requirement to obtain floodplain development permit.
15.68.135 Floodplain development permit application.
15.68.136 Floodplain development permit expiration.
15.68.140 Designation of the floodplain administrator.
15.68.141 Duties of the floodplain administrator.
15.68.150 Duties and responsibilities of the public works department.
15.68.151 Duties and responsibilities of the planning and development department.
Article V. Provisions for Flood Hazard Protection
15.68.160 Standards of the public works department.
15.68.161 Standards of the planning and development department.
15.68.170 Additional standards of the planning and development department.
15.68.180 Floodways and community acknowledgement of FEMA map amendments.
15.68.190 Developments within areas of special flood hazard.
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15.68.200 Compensatory storage requirements.
Prior legislation: Ords. 4214 and 4220.
Article I. Purpose
Section 1. General
15.68.010 Statutory Authorization.
15.68.020 Purpose.
15.68.030 Lands to which this Ordinance Applies.
15.68.040 Approach.
15.68.050 Penalties for Non-Compliance.
15.68.060 Interpretation.
15.68.070 Abrogation and Greater Restrictions.
15.68.080 Warning and Disclaimer of Liability.
15.68.090 Severability.
Section 2. Definitions
15.68.100 Definitions.
Section 3. Regulatory Data
15.68.110 Area to be Regulated.
15.68.120 Special Flood Hazard Area.
15.68.130 Flood Hazard Data.
15.68.140 Protected Area.
15.68.150 New Regulatory Data.
Section 4. Administration
15.68.160 Establishment of Floodplain Development Permit.
15.68.170 Floodplain Development Permit Application.
15.68.180 Floodplain Development Permit Expiration.
15.68.190 Designation of the Floodplain Administrator.
15.68.200 Duties of the Floodplain Administrator.
15.68.210 Notification to Other Entities.
15.68.220 Records.
15.68.230 Certificate of Occupancy.
15.68.240 Appeals.
15.68.250 Variance Criteria.
Section 5. General Development Standards
15.68.260 Subdivisions.
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15.68.270 Site Design.
15.68.280 Hazardous Materials.
15.68.290 Critical Facilities.
Section 6. Standards for Protection of Structures
15.68.300 Applicability.
15.68.310 Flood Protection Standards.
15.68.320 Nonresidential Construction.
15.68.330 Manufactured Homes.
15.68.340 Recreation Vehicles.
15.68.350 Appurtenant Structures.
15.68.360 Utilities.
Section 7. Standards for Habitat Protection
15.68.370 Non-Development Activities.
15.68.380 Activities Allowed with a Floodplain Development Permit.
15.68.390 Other Activities.
15.68.400 Native Vegetation.
15.68.410 Floodway Standards.
15.68.420 Standards for Shallow Flooding Areas (AO Zones)
15.68.430 Compensatory Storage.
15.68.440 Habitat Impact Assessment.
15.68.450 Habitat Mitigation Plan.
15.68.460 Alteration of Watercourses and SFHA Boundaries.
Section 1. General
15.68.010 Reserved Statutory Authorization.
A. The Legislature of the State of Washington has delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
Therefore, the City does ordain as follows:
B. Findings of Fact:
Areas of Auburn are subject to periodic inundation and channel migration which may result in loss of life and
property, health and safety hazards, disruption of commerce and governmental services, extraordinary public
expenditures for protection and relief from flooding and channel migration, and impairment of the tax base, all
of which adversely affect the public health, safety and general welfare.
When floodplains and watersheds are developed without taking appropriate care and precautions, flood
heights, frequencies, and velocities increase, which may cause a greater threat to humans, damage to
property, destruction of natural floodplain functions, and adverse impacts to water quality and habitat.
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Rivers, streams, lakes, estuarine and marine areas and their floodplains are major elements of healthy aquatic
and riparian areas and conveyance of flood waters. If watersheds, rivers, streams, lakes, estuaries, floodplains
and other systems are not viewed holistically as biological and geomorphologic units, it may lead to serious
degradation of habitat and increased flood hazards to people and human development.
Over the years, natural processes have evolved that manage flood waters and channel flows in the most
effective and efficient manner. Disruption of these processes through alterations to land cover, stream
channels, wetlands and other water bodies which may lead to increased flood hazards, loss of life and
property, threats to public health, and loss of habitat.
15.68.020 Reserved Purpose.
15.68.030 Statement of purpose.
It is the purpose of this chapterordinance to promote the public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions designed to manage
development in order to:
A. . To protect. Protect human life, health, and to protect property from the dangers of flooding;
B. B. To minimizeMinimize the need for publicly funded and hazardous rescue efforts to save those who
are isolated by floodwaters;
B.C. Minimize expenditure of public money andfor costly flood damage repair and flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the
expense of the general public;
D. To minimize prolonged business interruptions;
D. E. To minimizeMinimize disruption of commerce, governmental services, and government
infrastructure;
C.E. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in areas of special flood hazard;the floodplain.;
F. Minimize cost impacts to public facilities and utilities such as water and gas mains, electric, telephone
and sewer lines, streets and bridges located in the special flood hazard area.;
D.G. F. To help maintainMaintain a stable tax base by providing for the sound use and development of and
development of flood hazard areas of special flood hazard soso as to minimize future flood bblight areas
caused by flooding;
G. To ensure that potential buyers are notified that property is in an area of special flood hazard;
H. To ensure thatEncourage those who occupy flood hazard the areas of special flood hazard assume
responsibility for their actions;
H. I. To qualify be educated about the cityrisks and challenges associated with these areas.;
E.I. IQualify the City of Auburn for participation in the National Flood Insurance Program, thereby giving
citizens and businesses the opportunity to purchase flood insurance;
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F.J. J. To maintainMaintain the quality of water in rivers, streams, and lakes, and their floodplains so as to
protect public water supplies, areas of the public trustPublic Trust, and wildlife habitat protected by the
Endangered Species Act;
G.K. K. To retainRetain the natural channel, shoreline, and floodplain creation processes and other natural
floodplain functions that protect, create, and maintain habitat for threatened and endangered species; and
H.L. L. To preventPrevent or minimize loss of hydraulic, geomorphic, and ecological functions of
floodplains and stream channels.
15.68.030 Lands to which this Ordinance Applies.
This ordinance shall apply to the Special Flood Hazard Area (SFHA) and associated protected areas within the
jurisdiction of the City of Auburn as defined in Section 3 of this Ordinance.
15.68.040 Methods of reducing flood losses Approach.
In order to accomplish itsachieve the listed purposes, this chapter includes methods and provisions
forordinance:
A. A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or
erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
A. Defines and clarifies the terms and phrases used in this ordinance in Section 2.
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against
flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which help
accommodate or channel floodwaters;
D. Controlling filling, grading, dredging, and other development which may increase flood damage;
E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which
may increase flood hazardsIdentifies in other areas;
B. F. Identifying the regulatory floodplain, the special flood hazard area, andSection 3 the protected
areaSpecial Flood Hazard Area, the Protected Area and the supporting technical data needed to delineate
those areas;.
C. G. EstablishingEstablishes a permit requirement in Section 4 so that all humanproposed development
that may affect flood hazards, water quality, and habitat is reviewed before it is constructed;prior to
construction.
D. H. SettingSets minimum protection standards in Section 5 for all development to ensure that the
development will not increase the potential for flood damage or adversely affect natural floodplain functions;.
E. I. SettingSets minimum protection standards to protect new and substantially improved structures
from flood damage; and in Section 6.
F. J. SpecifyingSpecifies additional habitat protection criteria. in Section 7. Some small projects do not
need a floodplain development permit (see ACC 15.68.130(B) and (C)); whereas other projects require a
floodplain permit, but do not require the habitat impact assessment required in this chapter (see ACC
15.68.130(D)).15.68.380). For all other development projects, the applicant must assess their impact on those
Page 30 of 159
7
factors that contribute to increased flood hazard and degradation of habitat. If the assessment concludes that
therethe project will because an adverse effect outside the Protected Area, the permit will be denied, unless the
project is redesigned to mitigate the adverse effects.impacts are mitigated (avoided, minimized, restored or
compensated for).
Article II. Definitions
15.68.050 Penalties for Noncompliance.
No development shall be undertaken or placed in the areas regulated by this ordinance without full compliance
with the terms of this ordinance and other applicable regulations of the City. Violation of the provisions of this
chapter by failure to comply with any of its requirements (including violations of conditions and safeguards
established in connection with conditions) shall be enforced pursuant to the provisions of Chapter 1.25 ACC.
15.68.060 Interpretation of language.
In the interpretation and application of this ordinance, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the City; and,
B.C. Deemed neither to limit nor repeal any other powers granted under state statutes;
15.68.070 Abrogation and greater restrictions Regulation Conflicts
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction
Where this ordinance and another code, or ordinance, conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
15.68.080 Warning and Disclaimer of Liability.
The degree of property and habitat protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods and movement of
channels outside of mapped channel migration areas may occur on rare occasions. Flood heights may be
increased by manmadeunnatural or natural causes. This ordinance does not imply that land outside the
regulated areas or development permitted within such areas will be free from flood or erosion damage. This
ordinance shall not create liability on the part of the City, any officer or employee thereof, for any damage to
property or habitat that results from reliance on this ordinance or any administrative decision lawfully made
thereunder.
15.68.090 Severability
The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of
this ordinance shall not affect the validity of the remainder.
Section 2. Definitions
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15.68.100 Definitions.
Unless specifically defined in this article, wordsbelow, terms or phrases used in this chapterordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this chapterordinance its
most reasonable application.
A. 15.68.060 Definitions.
B. As used in this chapter:
C. . . “Adversely affect/adverse effect” means effects that are a direct or indirect result of the proposed
action or its interrelated or interdependent actions and the effect is not discountable, insignificant, or beneficial,
where:
D. 1. a. . Discountable effects are extremely unlikely to occur; and
E. b. . Insignificant effects relate to the size of the impact and should never reach the scale where a take
occurs. Based on best judgment, a person would not: 1) be able to meaningfully measure, detect, or evaluate
insignificant effects, or 2) expect discountable effects to occur.
F.A. 2. Beneficial effects are contemporaneous positive effects without any adverse effects. In the event
that the overall effect of the proposed action is beneficial, but is also likely to cause some adverse effects, then
the proposed action is considered to result in an adverse effect.
B. . . “Alteration of watercourse” means any action that will change the location of the channel occupied
by water within the banks of any portion of a riverine waterbody.
C. “Appurtenant Structure” means a structure which is on the same parcel as the principle structure to be
insured and the use of which is incidental to the use of the principal structure.
D. “Area of shallow flooding” means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a
community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an
average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Also referred to as the sheet flow area.
E. “Area of special flood hazard” means the land in the floodplain within a community subject to a 1
percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM)
as zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in
meaning with the phrase “area of special flood hazard”.
F. “ASCE 24” means the most recently published version of ASCE 24, Flood Resistant Design and
Construction, published by the American Society of Civil Engineers.
G. “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given
year. Also (also referred to as the “100-year flood”). The area subject to the base flood is the special flood
hazard area (SFHA), designated on flood insurance rate maps as Zone A, including AE, AO, AH, and A1 – 99.
H. C. “Base flood elevation” means the elevation of the base flood above the datum of the effective
FIRM.
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I.H. 1. The base flood elevation for the SFHAs of the city shall be as delineated on the 100-year flood
profiles in the flood insurance studyto which floodwater is anticipated to rise during the base flood for the city.
J. 2. The base flood elevation for each SFHA delineated as a Zone AH or Zone AO shall be that
elevation (or depth) delineated on the flood insurance rate map. Where base flood depths are not available in
Zone AO, the base flood elevation shall be considered to be two feet above the highest grade adjacent to the
structure.
K. 3. Where base flood elevation data are not provided on the flood insurance study for the city, base
flood elevation data available from a federal, state, or other authoritative source shall be used, if available.
Where base flood elevation data are not available from other authoritative sources, applicants for approval of
new subdivisions and other proposed developments (including proposals for manufactured home parks and
subdivisions) greater than 50 lots or five acres, whichever is the lesser, shall include such data with their permit
applications. This data must be approved by the floodplain administrator.
L.I. D. “Basement” means any area of the structure having its floor subgrade (below ground level) on all
sides.
J. E. “Building Code” means the currently effective versions of the International Building Code and the
International Residential Code adopted by the Washington State Legislature and any further amendments
adopted by the City of Auburn.
M.K. “Channel migration area”Migration Zone” (CMZ) means the area within the lateral extent of likely
stream channel movement due to stream bank destabilization and erosion, rapid stream incision, aggradation,
avulsions, and shifts in location of stream channels plus 50 feet.
1. 1. The channel migration area shall be the total area occupied by the river channel, the
severe channel migration hazard area, and the moderate channel migration hazard area as delineated
in the Green River Channel Migration Study published by King County dated December 1993 plus 50
feet.
2. Where more than one channel migration zone has been delineated, the floodplain administrator
shall use the delineation that has been adopted for other local regulatory purposes.
2. F. The channel migration area shall be the total area occupied by the river channel, the
severe channel migration hazard area, and the moderate channel migration hazard area as delineated
in the Channel Migration Zone Delineation for the Middle Green River, RM 31.10 to 33.25 dated
December 28, 2018 plus 50-feet which supersedes the study referenced above.
3. A site specific channel migration delineation may also be performed per the Washington State
Department of Ecology’s current requirements with recommended setbacks (A Framework for
Delineating Channel Migration Zones) prepared by a qualified engineer. The delineation shall be
prepared by a qualified consultant as that term is defined in these regulations. The city may retain a
qualified consultant paid for by the applicant to review and confirm the applicant’s reports, studies and
plans if the following circumstances exist:
a. The city has technical information that is unavailable to the applicant; or
b. The applicant has provided inaccurate or incomplete information on previous
proposals or proposals currently under consideration.
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N.L. “Critical facility” means a facility necessary to protect the public health, safety and welfare during a
flood. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and
emergency operations installations, water and wastewater treatment plants, electric power stations, and
installations which produce, use, or store hazardous materials or hazardous waste (other than consumer
products containing hazardous substances or hazardous waste intended for household use).
O.M. G. “Development” means any manmadehuman-made change to improved or unimproved real estate
in the regulatory floodplain, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of
special flood hazard, subdivision of land, removal of more than five percent of the native vegetation on the
property, or alteration of natural site characteristics.
P.N. H. “Dry floodproofing” means any combination of structural and nonstructural measures that prevent
flood waters from entering a structure.
Q.O. I. “Elevation certificateCertificate” means an administrative tool of the National Flood Insurance
Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium
rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill
(LOMR-F).the official form (FEMA Form 81-31) used to provide elevation information necessary to ensure
compliance with provisions of this chapter and determine the proper flood insurance premium rate.
R. J. “Equivalent elevation” means having similar relationship to ordinary high water and to the best
available 10-year, 50-year and 100-year water surface profiles.
P. K. “Essential Facility” has the same meaning as “Essential Facility” defined in ASCE 24. Table 1-1 in
ASCE 24-14 further identifies building occupancies that are essential facilities.
S.Q. “FEMA” means the Federal Emergency Management Agency, the agency responsible for
administering the National Flood Insurance Program.
T. L. “Fish and wildlife habitat conservation area” means lands needed to maintain species in suitable
habitats within their natural geographic distribution so that isolated subpopulations are not created. These
areas are designated by the city pursuant to the Washington State Growth Management Act (WAC 365-190-
080).
U.R. M. “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
1. . . The overflow of inland or tidal waters; and/or
2. . . The unusual and rapid accumulation of runoff of surface waters from any source.
3. N. 3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in
paragraph (a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of
normally dry land areas, as when earth is carried by a current of water and deposited along the path of
the current.
4. The collapse or subsidence of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or
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by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph
(1)(i) of this definition.
S. “Flood elevation study” means an examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations, or an examination, evaluation and determination of
mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a Flood Insurance Study (FIS).
V.T. “Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance
Administrationr has delineated both the areas of special flood hazardSpecial Flood Hazard Areas and the risk
premium zones applicable to the community.
W.U. O. “Flood insurance study (FIS)” See “Flood Elevation Study”means the official report(s) provided by
the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, and the water
surface elevation of the base flood.
V. P. “Floodplain or flood prone area” means any land area susceptible to being inundated by water
from any source. See "Flood or flooding."
W. “Floodplain administrator” means the community official designated by title to administer and enforce
the floodplain management regulations.
X. “Flood proofing” means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents. Flood proofed structures are those that
have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation.
X.Y. “Flood protection elevation (FPE)” means the elevation above the datum of the effective FIRM to which
new and substantially improved structures must be protected from flood damage.
Y.Z. Q. “Floodway” means the channel of a riverstream or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height. Also referred to the “Regulatory Floodway.one foot. The floodway
shall be as delineated on the flood insurance rate map. Where floodway data are not provided on the flood
insurance study for the city, floodway data available from a federal, state, or other authoritative source shall be
used, if available. Where floodway data is not available from another authoritative source, applicants for
approval of new subdivisions and other proposed developments (including proposals for manufactured home
parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, shall include such data with
their permit applications. This data must be approved by the floodplain administrator. This provision does not
apply to applications for permits for small projects on large lots, such as constructing a single-family home.
AA. R. “Functionally Dependent Use” means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are
necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and
does not include long-term storage or related manufacturing facilities.
BB. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Z.CC. “Historic structure” means aany structure that is:
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1. . Is listed on . Listed individually in the National Register of Historic Places, the Washington
Heritage Register, or the Washington Heritage Barn Register, or has been designated a landmark or
been issued (a certificate of appropriateness under the city’s historic preservation ordinance.listing
maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
2. . Has been certified to contribute. Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered historic district. or a district
preliminarily determined by the Secretary to qualify as a registered historic district;
3. S. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior, or
b. Directly by the Secretary of the Interior in states without approved programs.
AA.DD. “Hyporheic zone” means a saturated layer of rock or sediment beneath and/or adjacent to a stream
channel that contains some proportion of channel water or that has been altered by channel water infiltration.
BB.EE. T. “Impervious surface” means a hardnon-vegetated surface area which either prevents or retards the
entry of water into the soil mantle as under natural conditions prior to development. A non-vegetated surface
area 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. Common impervious surfaces include, but are not
limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving,
gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the
natural infiltration of stormwater.
CC.FF. U. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement) measured
at the walking surface of the floor. An unfinished or flood-resistant enclosure, usable solely for parking of
vehicles, building access, or storage, in an area other than a basement area is not considered a building’s
lowest floor as long asprovided that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this chapter found in ACC 15.68.170(A)(7). (i.e. provided there
are adequate flood ventilation openings).
DD.GG. V. “Manufactured home” means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when connectedattached to
the required utilities. For floodplain management purposes, the term “manufactured home” also includes park
trailers, travel trailers, and other similar recreational vehicles placed on a site for greater than 180 consecutive
days. For insurance purposes, theThe term “manufactured home” does not include park trailers, travel trailers,
and other similar a “recreational vehicles.vehicle.”
EE.HH. W. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
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II. X. “Market value” shall mean the current assessed value as established by the most recent tax roll of
the county assessor in which the property is located. An applicant may, at applicant’s expense, provide an
appraisal to determine market value.
FF.JJ. “Mean Sea Level” means for purposes of the National Flood Insurance Program, the vertical datum to
which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.
GG.KK. Y. “Native vegetation” means plant species that are indigenous to the community’s area and that
reasonably could be expected to naturally occur on the site.
HH.LL. Z. “Natural floodplain functions” means the contribution that a floodplain makes to support habitat,
including, but not limited to, providing flood storage and conveyance, reducing flood velocities, reducing
sedimentation, filtering nutrients and impurities from runoff, processing organic wastes, moderating
temperature fluctuations, and providing breeding and feeding grounds, shelter, and refugia, for aquatic or
riparian species.
II.MM. AA. “New construction” means for the purposes of determining insurance rates, structures for which
the “start of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map or
after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.
For floodplain management purposes, “new construction” means structures for which the “start of construction”
commenced on or after the effective date of the ordinance adopted by a community and includes any
subsequent improvements to such structurescodified in this chapter.
NN. BB. “Principal Structure” means a structure in which the principal use of the lot on which it is located is
conducted.
JJ.OO. “Protected area” means the lands that lie within the boundaries of the floodway, the riparian
habitatbuffer zone, and the channel migration area. In riverine areas, where a floodway has not been
designated in accordance with this chapter, the protected area is comprised of those lands that lie within the
boundariesBecause of the riparian habitat zone, the channel migration area, and the SFHAimpact that
development can have on flood heights and velocities and habitat, special rules apply in the Protected Area.
PP. CC. “Reasonably Safe from Flooding” means development that is designed and built to be safe from
flooding based on consideration of current flood elevation studies, historical data, high water marks and other
reliable data known to the community. In unnumbered A zones where flood elevation information is not
available and cannot be obtained by practicable means, reasonably safe from flooding means that the lowest
floor is at least two feet above the Highest Adjacent Grade.
KK.QQ. “Recreational vehicle” means a vehicle:
1. . . Built on a single chassis; and,
2. . . Four hundred square feet or less when measured at the largest horizontal projection; and,
3. . . Designed to be self-propelled or permanently towable by a an automobile or light-duty
truck; and,
4. . . Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreationrecreational, camping, travel, or seasonal use.
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LL. DD. “Regulatory floodplain” means the area of the special flood hazard area and all protected areas
within the city of Auburn. It also includes newly designated special flood hazard areas and protected areas that
are delineated pursuant to city law.
MM.RR. EE. “Riparian” means of, adjacent to, or living on, the bank of a stream, lake, pond, sound, or other
water body.
SS. FF. “Riparian habitat zone“Riparian buffer zone” means the land located adjacent to streams, and
other bodies of water, where the natural soil, hydrology, and native flora and fauna perform important
ecological functions such as protecting the water body by filtering out pollutants, preventing erosion and
sedimentation, stabilizing stream banks, and providing natural shade. They are often thin lines-of-green
containing native grasses, flowers, shrubs and trees that line the banks of streams and other bodies of water.
The riparian buffer zone for the Puget Sound Biological Opinion applies only to areas mapped within the
Special Flood Hazard Area, unless the area is undeveloped with predominately native vegetation that have
benefits to endangered species, in which case the regulations for riparian habitat zones shall apply.
NN.TT. ”Riparian Habitat Zone” means the water body and adjacent land areas that are likely to support
aquatic and riparian habitat as detailed in this chapter. The size and location of the riparian habitat zone is
dependent on the type of water body. The riparian habitat zone includes the water body and adjacent lands,
measured perpendicularly from ordinary high water on both sides of the water body:.
OO. 1. Marine and lake shorelines and Type S streams that are designated “shorelines of the state”: 250
feet.
PP. 2. Type F (fish bearing) streams greater than five feet wide and marine shorelines: 200 feet.
QQ. 3. Type F streams less than five feet wide and lakes: 150 feet.
RR. 4. Type N (nonsalmonid-bearing) perennial and seasonal streams with unstable slopes: 225 feet.
SS. 5. All other Type N (nonsalmonid-bearing) perennial and seasonal streams: 150 feet.
TT. In addition, the riparian habitat zone may include additional land areas that the floodplain administrator
determines are likely to support aquatic and riparian habitat.
UU. GG. “Special flood hazard area (SFHA)” means the land subject to inundation by the base flood.
Special flood hazard areas are identified by the Federal Emergency Management Agency in the scientific and
engineering reports entitled “Flood Insurance Study for King County, Washington and Incorporated Areas,”
dated April 19, 2005, and any revisions thereto, and “Flood Insurance Study for Pierce County, Washington
and Unincorporated Areas,” dated August 19, 1987, and any revisions thereto, and designated on associated
flood insurance rate maps with the letter A, including AE, AO, AH, A1 – 99.designated on Flood Insurance Rate
Maps with the letters “A” or “V” include AE (floodway), AO, AH, A1-99 and VE. The Special Flood Hazard Area
is also referred to as the area of special flood hazard or SFHA.
VV. HH. “Start of construction” includes substantial improvement, and means the date the building permit
was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement that occurred beforewas within 180 days of the permit’s expiration date of the permit.
The “actual start” means either the first placement of permanent construction of a structure on a site, such as
the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does
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not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the
“actual “start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the external dimensions of the building.
WW. II. “Structure” means a walled and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
XX. JJ. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of
the structure before the damage occurred.
YY. KK. “Substantial improvement” or “substantially improved” means any repair, reconstruction,
rehabilitation, addition, replacement or improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of such structure before the start of construction of the improvement. This term
includes structures that have incurred substantial damage, regardless of the actual repair work donemarket
value of the structure before the “start of construction” of the improvement. This term includes structures which
have incurred "substantial damage," regardless of the actual repair work performed.
The term does not, however, include either:
1. . . Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications that have been identified by the local code enforcement
official and that are the minimum necessary to assure safe living conditions; or
2. . . Any alteration of a “historic structure” provided that the alteration will not preclude the
structure’s continued designation as a “historic structure”. listed on the National Register of Historic
Places or a State Inventory of Historic Places.
ZZ. LL. “Variance” means a grant of relief from the requirements of this chapterordinance which permits
construction in a manner that would otherwise be prohibited by this chapterordinance.
AAA. MM. “Violation” means the failure of a structure or other development to be constructed or
implemented in conformance with the community’s applicable floodplain development regulations.
AAA.BBB. “Water typing” means a system for classifying water bodies according to their size and fish
habitat characteristics. The Washington Department of Natural Resources Forest Practices Water Typing
Classification System is hereby adopted by reference. The system defines four water types:
1. . . Type “S” – Shoreline: Streams that are designated “shorelines of the state,” including
marine shorelines.
2. . . Type “F” – Fish: Streams that are known to be used by fish or meet the physical criteria to
be potentially used by fish.
3. . . Type “NP” Np” – Non-fish perennial streams.
4. . . Type “NS” Ns” – Non-fish seasonal streams.
BBB.CCC. NN. “Zone” means one or more areas delineated on the FIRM. The following zones may be
used on the adopted FIRM. The special flood hazard area is comprised of the A Zone.and V Zones.
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1. . . A: SFHA where no base flood elevation is provided.
2. . A#: Numbered A zones (e.g., A7 or A14), SFHA with a base flood elevation.
3.2. . . AE: SFHA with a base flood elevation.
4.3. . . AO: SFHA subject to inundation by shallow flooding usually resulting from sheet flow on
sloping terrain, with average depths between one and three feet. Average flood depths are shown.
5.4. . . AH: SFHA subject to inundation by shallow flooding (usually areas of ponding) with
average depths between one and three feet. Base flood elevations are shown.
6. . B: The area between the SFHA and the 500-year flood of the primary source of flooding. It
may also be an area with a local, shallow flooding problem or an area protected by a levee.
7. . C: An area of minimal flood hazard, as above the 500-year flood level of the primary source
of flooding. B and C zones may have flooding that does not meet the criteria to be mapped as a
special flood hazard area, especially ponding and local drainage problems.
8.5. . . D: Area of undetermined but possible flood hazard.
9.6. . . X: The area outside the mapped SFHA with a low risk of flooding.
7. . . Shaded X: An area of moderate risk of flooding from the base flood, and defined as:
a. areas of shallow (i.e., less than 1 foot) flooding;
b. 0.2% chance (or 500-year) flooding;
c. has a drainage area less than 1 sq. mile; or
a.d. areas protected by a levee.The same as a Zone B, in subsection (NN)(6) of this section.
Article III. General Provisions
Section 3. Regulatory Data
15.68.070 Land110 Area to which this chapter appliesbe Regulated.
This chapter shall apply to the regulatory floodplain The area to be regulated is comprised of the Special Flood
Hazard Area and all Protected Areas within the Special Flood Hazard Area within the jurisdiction of the city.
(See the cityCity of Auburn regulatory floodplain map on file in the office of the city clerk.) . The term also
includes areas delineated pursuant to the provisions of Chapter 1.25 ACC. Section 15.68.150.
.15.68.120 Special Flood Hazard Area.
Basis for Establishing the Areas of Special Flood Hazard
A. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and
engineering report entitled “The Flood Insurance Study (FIS) for King County Washington and Incorporated
Areas” dated August 19, 2020, and any revisions thereto, with accompanying Flood Insurance Rate Maps
(FIRMs) dated August 19, 2020, and any revisions thereto, as well as the special flood hazard areas identified
by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance
Study (FIS) for Pierce County Washington and Incorporated Areas” dated March 7, 2017, and any revisions
thereto, with accompanying Flood Insurance Rate Maps (FIRMs) dated March 7, 2017, and any revisions
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thereto, are hereby adopted by reference and declared to be a part of this ordinance. The FIS and the FIRM
are on file at 1 East Main St, Auburn, WA 98001.
A.B. The best available information for flood hazard area identification as outlined in Section 15.68.130(D)
shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section
15.68.130(D).
B. 15.68.110 Interpretation.
C. In Upon receipt of a floodplain development permit application, the floodplain administrator or designee
shall compare the elevation of the site to the base flood elevation.
C.D. The floodplain administrator or designee shall inform the applicant that the project may still be subject
to the flood insurance purchase requirements unless the owner receives a Letter of Map Amendment (LOMA)
from FEMA.
E. The floodplain administrator or designee shall make interpretations where needed, as to the exact
locations of the boundaries of the SFHA and the Protected Area (e.g. where there appears to be a conflict
between the mapped SFHA boundary and actual field conditions as determined by the base flood elevation and
ground elevations) as it applies to proposed development. The applicant may appeal the floodplain
administrator’s or designee’s interpretation and application of this chapter,of the location of the boundary to the
Hearing Examiner for the City of Auburn.
15.68.130 Flood Hazard Data.
A. The base flood elevation for the SFHAs incorporated in 15.68.120(A) shall be utilized.
B. The Flood Protection Elevation (FPE) shall be the base flood elevation plus one (1) foot.
C. The floodway shall be as delineated on the Flood Insurance Rate Map.
D. Where base flood elevation and floodway data have not been provided in Special Flood Hazard Areas,
the floodplain administrator or designee shall obtain, review and reasonably utilize any base flood elevation and
floodway data available from a Federal, State or other source.
15.68.140 Protected Area.
A. The Protected Area is comprised of those lands that lie within the boundaries of the floodway, the
riparian habitat buffer zone, and the channel migration area.
B. In riverine areas, where a floodway has been designated in accordance with Sections 15.68.130.(C),
15.68.130(.D) or 15.68.150(.E), the Protected Area is comprised of those lands that lie within the boundaries of
the riparian habitat buffer zone, the channel migration area, and the SFHA.
C. Riparian Buffer Zone: The riparian buffer zone includes those watercourses within the SFHA and
adjacent land areas that are likely to support aquatic and riparian habitat.
1. The size and location of the riparian buffer zone is dependent on the type of water body. The
riparian buffer zone includes the water body and adjacent lands, measured perpendicularly from
ordinary high water mark on both sides of the water body:
a. Type S streams that are designated “shorelines of the State:” 250 feet
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b. Type F streams (fish bearing) streams greater than 5 feet wide and marine
shorelines: 200 feet
c. Type F streams less than 5 feet wide and lakes: 150 feet
d. Type N (nonsalmonid-bearing) perennial and seasonal streams with unstable slopes:
225 feet
e. All other Type N (nonsalmonid-bearing) perennial and seasonal streams: 150 feet.
2. The riparian buffer zone shall be delineated on the site plan by the applicant at the time of
application for subdivision approval or floodplain development permit for all development proposals
within 300 feet of any stream or shoreline.
D. Channel Migration Area:
a. The channel migration area shall be the channel migration zone as defined in Section
15.68.100(K).
b. Where more than one channel migration zone has been delineated, the floodplain
administrator or designee shall use the delineation that has been adopted for other local
regulatory purposes.
a.c. Where a channel migration zone has not yet been mapped, the provisions shall be:of
Section 15.68.150.(D) shall apply at the time of permit application.
15.68.150 New Regulatory Data.
A. All requests to revise or change the flood hazard data, including requests for a Letter of Map Revision
and a Conditional Letter of Map Revision shall be reviewed by the floodplain administrator or designee.
1. The floodplain administrator or designee shall not sign the Community Acknowledgment Form
for any requests based on filling or other development, unless the applicant for the letter documents
that such filling or development is in compliance with this ordinance.
2. The floodplain administrator or designee shall not approve a request to revise or change a
floodway delineation until FEMA has issued a Conditional Letter of Map Revision that approves the
change.
B. If an applicant disagrees with the regulatory data prescribed by this ordinance, he/she may submit a
detailed technical study needed to replace existing data with better data in accordance with FEMA mapping
guidelines or Regional Guidance for Hydrologic and Hydraulic Studies in Support of the Model Ordinance for
Floodplain Management under the National Flood Insurance Program and Endangered Species Act FEMA
Region X, 2010. If the data in question are shown on the published FIRM, the submittal must also include a
request to FEMA for a Conditional Letter of Map Revision.
C. Where base flood elevation data are not available in accordance with Section 15.68.130, applicants for
approval of new subdivisions and other proposed developments (including proposals for manufactured home
parks) greater than 50 lots or 5 acres, whichever is the lesser, shall include such data with their permit
applications.
D. Where channel migration zone data are not available in accordance with 15.68.140(D), the permit
applicant shall either:
1. Designate the entire SFHA as the channel migration zone or
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2. Identify the channel migration area in accordance with Regional Guidance for Hydrologic and
Hydraulic Studies in Support of the Model Ordinance for Floodplain Management under the National
Flood Insurance Program and Endangered Species Act FEMA Region X, 2012.
E. All new hydrologic and hydraulic flood studies conducted pursuant to Section 15.68.150 shall be in
accordance with Regional Guidance for Hydrologic and Hydraulic Studies in Support of the Model Ordinance
for Floodplain Management under the National Flood Insurance Program and the Endangered Species Act,
FEMA, Region X, 2010.
F. The floodplain administrator shall use the most restrictive data available prepared specifically for the
project site for the channel migration zone, floodways, future conditions, and riparian buffer zone.
Section 4. Administration
15.68.160 Establishment of Floodplain Development Permit
A floodplain development permit shall be obtained before construction or development begins within the
Special Flood Hazard Area (SFHA) or Protected Area. The permit shall be for all development as set forth in
15.68.170 Floodplain Development Permit Application.
Applications for a floodplain development permit shall be made using the criteria outlined in the Floodplain
Development Application Packet available for download at www.auburnwa.gov/forms. At a minimum, the
following information is required.
A. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures recorded on a current elevation certificate with Section B completed by the Floodplain Administrator.
B. Proposed elevation in relation to mean sea level to which any structure will be flood proofed;
C. Where a structure is to be flood proofed, certification by a registered professional engineer or architect
that the flood proofing methods for any nonresidential structure meet flood proofing criteria in Section 5;
D. Description of the extent to which a watercourse will be altered or relocated as a result of proposed
development;
E. Where development is proposed in a floodway, an engineering analysis indicating no rise of the Base
Flood Elevation; and
F. Any other such information that may be reasonably required by the Floodplain Administrator in order to
review the application.
15.68.180 Floodplain Development Permit Expiration.
If there has been no start of construction, a floodplain development permit shall expire 180 days after the date
of issuance. Where the applicant documents a need for an extension beyond this period due to conditions
beyond the applicant’s control, the floodplain administrator A. or designee may authorize one or more
extensions.
15.68.190 Designation of the Floodplain Administrator.
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The Director of Community Development is hereby appointed to administer, interpret, implement, and enforce
this ordinance by granting or denying floodplain development permit applications in accordance with its
provision. The Director of Community Development may designate administration of portions or all of this
ordinance to a qualified person.
15.68.200 Duties of the Floodplain Administrator.
Duties of the floodplain administrator or designee shall include, but are not limited to:
A. Review all floodplain development permits to determine that the permit requirements of this ordinance
have been satisfied.
B. Review all floodplain development permits to determine that all necessary permits have been obtained
from those Federal, State or local government agencies from which prior approval is required, including those
local, State or Federal permits that may be required to assure compliance with the Endangered Species Act
and/or other appropriate State or Federal laws.
C. Review all floodplain development permits to determine if the proposed development is located in the
Protected Area. If located in the Protected Area, ensure that the provisions of Section 7 are met.
D. Ensure that all development activities within the Special Flood Hazard Area of the jurisdiction of the
City meet the requirements of the ordinance.
E. Inspect all development projects before, during and after construction to ensure compliance with all
provisions of this ordinance, including proper elevation of the structure.
F. Maintain for public inspection all records pertaining to the provisions of this ordinance.
G. Submit reports to include the projects for which they issue floodplain development permits, including
effects to flood storage, fish habitat, and all indirect effects of development and mitigation provided to FEMA as
required by the National Flood Insurance Program.
H. Notify FEMA of any proposed amendments to this ordinance and when annexations occur in the
Special Flood Hazard Area.
I. Ensure the proposed development is not located in the floodway. If located in the floodway, assure the
encroachment provisions of Section 15.68.410 are met
J. Cooperate with State and Federal agencies to improve flood and other technical data and notify FEMA
of any new data that would revise the FIRM.
K. Review all floodplain development permits to verify that proposed development will be reasonably safe
from flooding.
15.68.210 Notification to Other Entities
Whenever a watercourse is to be altered or relocated:
A. Notify adjacent communities and the Department of Ecology prior to such alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal Insurance Administrator through
appropriate notification means, and
B. Assure that the flood carrying capacity of the altered or relocated portion of said watercourse is
maintained.
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15.68.220 Records.
A. Where base flood elevation data have been obtained pursuant to Section 15.68.130 and 15.68.150,
the floodplain administrator or designee shall obtain, record, and maintain the actual “finished construction”
elevations provided by the applicant for the locations listed in Section 15.68.170. This information shall be
recorded on a current FEMA Elevation Certificate signed and sealed by a professional land surveyor, currently
licensed in the State of Washington.
B. For all new or substantially improved dry floodproofed nonresidential structures, where base flood
elevation data has been obtained pursuant to Section 15.68.130 and 15.68.150, the floodplain administrator or
designee shall obtain, record and maintain the elevation (in relation to the datum of the effective FIRM) to
which the structure was floodproofed. This information shall be recorded on a current FEMA Floodproofing
Certificate by a professional engineer currently licensed in the State of Washington.
C. Certification required by Section 15.68.410 (floodway encroachments).
D. Records of all variance actions, including justification for their issuance.
E. Improvement and damage calculations.
F. Maintain for public inspection all records pertaining to the provisions of this ordinance.
15.68.230 Certificate of Occupancy.
A. A final grading and/or storm permit for the property, physical completion for City of Auburn Capital
Improvement projects without a building, a certificate of occupancy (commercial building) or final building
inspection (residential structure) for a new or substantially improved structure or an addition shall not be issued
until:
1. The permit applicant provides a properly completed, signed and sealed Elevation or
Floodproofing Certificate showing finished construction data as required by Section 15.68.220;
2. If a mitigation plan is required by Sections 15.68.440 and 15.68.450, all work identified in the
plan has been completed according to the plan’s schedule;
3. The applicant provides copies of all required Federal, State, and local permits noted in the
permit application per Section 15.68.170;
4. All other provisions of this ordinance and conditions placed on the floodplain development
permit approval letter have been met.
15.68.240 B. Liberally construed in favor of the governing body;
C. D. Maps referred to in this chapter are for reference only, unless specified. If the map does not specifically
indicate that it is the primary source of regulation, the text of the applicable code section shall control over any
contrary information provided on a map. (Ord. 6295 § 2, 2010; Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord.
4357 § 2 (3.5), 1989.)
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15.68.120 Warning and disclaimer of liability.
The degree of property and habitat protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods and movement of channels
outside of mapped channel migration areas can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This chapter does not imply that land outside the areas of special
flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter does
not imply that land outside the regulated areas or development permitted within such areas will be free from
flood or erosion damage. This chapter shall not create liability on the part of the city, any officer or employee
thereof, for any damage to property or habitat that results from reliance on this chapter or any administrative
decision lawfully made thereunder. (Ord. 6295 § 2, 2010; Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357
§ 2(3.6), 1989.)
15.68.125 Appeals.
A. The Hearing Examiner, as established by Chapter 2.46 of the Auburn City Code, shall hear and decide
appeals and requests for variances from the requirements of this chapter.ordinance.
B. The Hearing Examiner shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination made by the floodplain administrator or designee in the enforcement or
administration of this chapter.ordinance.
C. Those aggrieved by the decision of the Hearing Examiner may appeal suchthe decision to the superior
court. of the county in which the project is located pursuant to Section 2.46.160 of the Auburn City Code.
D. Upon consideration of the factors of this chapterSection 15.68.250 and the purposes of this
chapterordinance, the hearing examinerHearing Examiner may attach such conditions to the granting of the
variances as ithe/she deems necessary to further the purposes of this chapter. ordinance.
Article IV. Administration
E. The floodplain administrator or designee shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request.
15.68.130 Establishment of and requirement to obtain floodplain250 Variance Criteria.
A. In addition to the Criteria outlined in ACC 18.70.025, in reviewing applications for a variance, the
Hearing Examiner shall consider all technical evaluations, all relevant factors, standards specified in other
sections of this ordinance; and:
1. The relationship of the proposed use to the comprehensive plan, growth management
regulations, critical area regulations, the shoreline management program and floodplain management
program for the area;
1.2. The potential of the proposed development permit.project to destroy or adversely affect a fish
and wildlife habitat conservation area or create an adverse effect to federal, state or locally protected
species or habitat;
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3. A. A floodplain development permit Is the minimum necessary to grant relief; and,
B. In addition to the Criteria outlined in ACC 18.70.025, no variance shall be obtained beforegranted to
the requirements of this ordinance unless the applicant demonstrates that:
1. The project will not adversely affect features or quality of habitat supporting local, state or
federally protected fish or wildlife;
C. Variances may be requested for new construction or development begins, substantial improvements,
and other development upon showing of good and sufficient cause and is minimum necessary, considering
flood hazard, to afford relief provided:
D. Variances shall only be issued:
1. Upon a determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing local laws or ordinances;
2. For the repair, rehabilitation, or restoration of historic structures upon a determination that the
proposed repair or rehabilitation will not preclude the structure’s continued designation as a
historic structure and the variance is the minimum necessary to preserve the historic character
and design of the structure;
3. Upon a determination that failure to grant the variance would result in exceptional hardship to
the applicant;
4. Upon a showing that the use cannot perform its intended purpose unless it is located or
carried out in close proximity to water. This includes only facilities defined in Section 2 of this
ordinance in the definition of “Functionally Dependent Use.”
E. Variances shall not be issued within any floodway if any increase in flood levels during the base flood
discharge would result.
F. Generally, variances may be issued for new construction and substantial improvements to be erected
on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the BFE, provided the procedures of Sections 4 and 5 of this ordinance have been fully
considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the
variance increases.
G. In considering variance applications, the City of Auburn shall consider all technical evaluations, all
relevant factors, all standards specified in other sections of this ordinance, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use, which are not subject to flooding
or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
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8. The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
9. The safety of access to the property in time of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site;
11. The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, water system,
and streets and bridges;
H. Any applicant to whom a variance is granted shall be given written notice over the signature of a
community official that:
1. The issuance of a variance to construct a structure below the Base Flood Elevation will result
in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage, and
2. Such construction below the base flood elevation increases risks to life and property.
I. The Floodplain Administrator shall maintain a record of all variance actions, including justification for
their issuance.
Section 5. General Development Standards
The provisions of Section 5 shall apply in the Special Flood Hazard Area:
15.68.260 Development and Subdivision Proposals.
This section applies to all development proposals including commercial development, subdivisions, short
subdivisions, preliminary subdivisions, binding site plans, and expansions to manufactured home parks as
defined in Chapter 17.04 ACC.
A. All development proposals shall be consistent with the need to minimize flood damage.
B. All development proposals shall have utilities and facilities, such as sewer, gas, electrical, and water
systems located and constructed to prevent flood damage.
C. All development proposals shall have adequate drainage provided to avoid exposure to water damage.
D. The proposed subdivision must have one or more new lots in the Special Flood Hazard Area set aside
for open space use through deed restriction, easement, subdivision covenant, or donation to a public agency.
1. In the Special Flood Hazard Area outside the Protected Area, zoning must maintain a low
density of floodplain development.
2. In the Special Flood Hazard Area outside the protected area in which the current zoning is
less than 5 acres must maintain current zoning.
3. The density of development in the portion of the development outside the Special Flood
Hazard Area may be increased to compensate for the amount of land in the Special Flood Hazard
Area preserved as open space in accordance with Chapter 17.25 ACC.
E. If a parcel has a buildable site outside the Special Flood Hazard Area, it shall not be subdivided to
create a new lot that does not have a buildable site outside of the Special Flood Hazard Area. This provision
does not apply to tracts that are to be preserved as open space.
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F. All development proposals shall ensure that all subdivisions have at least one access road connected
to land outside the Special Flood Hazard Area with the surface of the road at or above the FPE wherever
possible. Additional access roads may be required based on the number of proposed lots per the current City
of Auburn Engineering Design Standards.
G. The final recorded plat shall include a notice that part of the property is in the SFHA, riparian buffer
zone and/or channel migration area, as appropriate.
H. BFE generation for all development proposals greater than 50 lots or 5 acres, whichever is the lesser.
15.68.270 Site Design.
A. Structures and other development shall be located to avoid flood damage or that adequately mitigates
any identified impacts.
1. If a lot has a buildable site out of the Special Flood Hazard Area, all new structures shall be
located in that area, when possible.
2. If a lot does not have a buildable site out of the Special Flood Hazard Area, all new structures,
pavement, and other development must be sited in the location that has the least impact on habitat by
locating the development as far from the water body as possible or by placing the structure on the
highest portion of the lot.
3. A minimum setback of 15 feet from the Protected Area shall be required for all structures.
4. If the proposed project does not meet the criteria of Section 15.68.270(.A) through (B), a
habitat impact assessment shall be conducted pursuant to Section 15.68.440 and, if necessary, a
habitat mitigation plan shall be prepared and implemented pursuant to Section 15.68.450.
B. All new development shall be designed and located to minimize the impact on flood flows, flood
storage, water quality and habitat.
1. Stormwater and drainage features shall incorporate low impact development techniques, if
technically feasible, that mimic pre-development hydrologic conditions, such as stormwater infiltration,
rain gardens, grass swales, filter strips, disconnected hard surface areas, permeable pavement,
vegetative roof systems, etc. per the City’s current SWMM per Chapter 12.04 ACC.
2. If the proposed project will create new hard surfaces so that more than 10 percent of the
portion of the lot in the Special Flood Hazard Area is covered by hard surface, the applicant shall
demonstrate that there will be no net increase in the rate and volume of the stormwater surface runoff
per the maximum extent feasible and as required per the City’s current SWMM per ACC 13.48 that
leaves the site or that the adverse impact is mitigated, as provided in Sections 15.68.440 and
15.68.450.
C. The site plan required in Section 15.68.170 shall account for surface drainage to ensure that:
1. Existing and new buildings on the site will be protected from stormwater runoff; and
2. The project will not divert or increase surface water runoff onto neighboring properties.
15.68.280 Hazardous Materials.
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A. No new development shall create a threat to public health, public safety or water quality. Chemicals,
explosives, gasoline, propane, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or
other materials that are hazardous, toxic, or a threat to water quality are prohibited from the Special Flood
Hazard Area. This prohibition does not apply to small quantities of these materials kept for normal household
use. This prohibition does not apply to the continued operations of existing facilities and structure, reuse of
existing facilities and structures, or functionally dependent facilities or structures.
B. If the proposed project cannot meet Section 15.68.280(A) of this ordinance, then a habitat impact
assessment must be conducted in accordance with Sections 15.68.440 and 15.68.450.
15.68.290 Critical Facilities.
A. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the
Special Flood Hazard Area.
B. Construction of new critical facilities in the Special Flood Hazard Area shall be permissible if no
feasible alternative site is available, provided;
1. Critical facilities shall have the lowest floor elevated three feet above the base flood elevation
or to the height of the 500-year flood, whichever is higher. If there is no available data on the 500-year
flood, the permit applicants shall develop the needed data in accordance with FEMA mapping
guidelines.B. A development project is not subject
1. Access to and from the requirements of this chapter if it is located on land that cancritical
facility shall be shown to be:
2. 1. Outside the protected area; and
3.2. 2. Higher thanto the elevation of the 500-year floodplain. Access routes elevated to or
above the level of the base flood elevation shall be provided to all critical facilities to the extent
possible.
Section 6. Standards for Protection of Structures
15.68.300 Applicability.
The protection requirements in this section apply to all new structures and substantial improvements, which
include:
A. Construction or placement of a new structure.
B. Reconstruction, rehabilitation, or other improvement that will result in a substantially improved building.
C. Repairs to an existing building that has been substantially damaged regardless of the actual repair
work that is done .
D. Placing a manufactured home on a site.
E. Placing an occupied recreational vehicle or travel trailer on a site for more than 180 days.
15.68.310 Flood Protection Standards.
A. All new structures and substantial improvements shall have the lowest floor, including basement,
elevated to or above the FPE.
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B. New construction and substantial improvement of any residential structure in an Unnumbered A zone
for which a BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding, but
in all cases the lowest floor shall be at least two feet above the Highest Adjacent Grade.
C. The structure shall be aligned parallel with the direction of flood flows where practicable.
D. The structure shall be anchored to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy.
E. All manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and
shall be installed using methods and practices that minimize flood damage. Anchoring methods may include,
but are not limited to, use of over-the-top or frame ties to ground anchors.
F. All materials below the FPE shall be resistant to flood damage and firmly anchored to prevent flotation.
Materials harmful to aquatic wildlife, such as creosote, are prohibited below the FPE.
G. All new construction and substantial improvements shall be constructed using methods and practices
that minimize flood damage
H. Electrical, heating, ventilation, duct work, plumbing, and air-conditioning equipment and other service
facilities shall be elevated to or above the FPE. Water, sewage, electrical, and other utility lines (excluding
storm drainage facilities) below the FPE shall be constructed so as to minimize water from entering or
accumulating within them during conditioning of flooding.
I. Fully enclosed areas below the lowest floor that are subject to flooding shall be used only for parking,
limited storage, or building access and shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either
be certified by a registered professional engineer or licensed architect in the State of Washington and/or meet
or exceed the following minimum criteria:
1. A minimum of two openings having a total net area not less than one square inch for every
square foot of enclosed area subject to the flood insurance purchaseflooding shall be provided.
2. The bottom of all openings shall be no higher than one foot above grade.
3. Openings may be equipped with screens, louvers, or other coverings or devices provided that
they permit the automatic entry and exit of floodwaters.
4. A garage attached to a residential structure, constructed with the garage floor slab below the
BFE, must be designed to allow for the automatic entry and exit of flood waters.
15.68.320 Nonresidential Construction.
New construction and substantial improvement of any commercial, industrial, or other nonresidential structure
shall meet the requirements of subsection A or B below:
A. New construction and substantial improvement of any commercial, industrial or other nonresidential
structure shall meet all of the following requirements:
1. New construction and substantial improvement of any commercial, industrial, or other
nonresidential structure shall have the lowest floor, including basement, elevated one foot or more
above the BFE, or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and
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utilities shall be waterproofed or elevated least one foot above the BFE, or as required by ASCE 24,
whichever is greater.
2. If located in an Unnumbered A zone for which a BFE is not available and cannot be
reasonably obtained, the structure shall be reasonably safe from flooding, but in all cases the lowest
floor shall be at least two feet above the Highest Adjacent Grade.
3. If buildings are constructed or substantially improved with fully enclosed areas below the
lowest floor, that are subject to flooding, the areas shall be used only for parking, limited storage, or
building access, and shall be designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect or must meet or exceed the following
minimum criteria:
a. Have a minimum of two openings with a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwater.
4. Alternatively, a registered engineer or architect may design and certify engineered openings.
B. If the requirements of Section 15.68.320(A) are not met, then new construction and substantial
improvement of any commercial, industrial or other nonresidential structure shall meet all of the following
requirements:
1. Together with attendant utility and sanitary facilities, be dry floodproofed so that below one
foot or more above the base flood level the structure is watertight with walls substantially impermeable
to the passage of water or dry floodproofed to the elevation required by ASCE 24, whichever is
greater;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy;
3. Be certified by a registered professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for meeting provisions of this
subsection based on their development and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the official as set forth in Section 15.68.220(B);
15.68.330 Manufactured Homes.
All manufactured homes to be placed or substantially improved on sites shall be:
A. Elevated on a permanent foundation in accordance with Section 15.68.310(A) and
B. Securely anchored to an adequately anchored foundation system to resist flotation, collapse and
lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame
ties to ground anchors. This requirement is in addition to other applicable anchoring requirements for resisting
wind forces.
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C. If manufactured homes are constructed or substantially improved with fully enclosed areas below
the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage.
15.68.340 Recreational Vehicles.
Recreational vehicles placed on sites shall:
A. Be on the site for fewer than 180 consecutive days, or
B. Be fully licensed and ready for highway use, on their wheels or jacking system, attached to the site
only by quick disconnect type utilities and security devices, and have no permanently attached addition; or
C. Meet the requirements of Section 15.68.340 and the anchoring requirements for manufactured homes
in Section 15.68.330.
15.68.350 Appurtenant Structures.
A structure which is on the same parcel of property as the principle structure and the use of which is incidental
to the use of the principle structure and is not used for human habitation may be exempt from the elevation
requirements of Section 15.68.310.(A), provided:
A. It is used only for parking or storage;
B. It is constructed and placed on the building site so as to offer minimum resistance to the flow of
floodwaters;
C. It is anchored to prevent flotation which may result in damage to other structures;
D. C. NondevelopmentAll portions of the structure below the FPE must be constructed of flood-resistant
materials;
E. Service utilities such as electrical and heating equipment meet the standards of Section 15.68.310(F)
and Section 15.68.360;
F. It has openings to allow free flowage of water that meet the criteria in Section 15.68.310(I);
G. The project meets all the other requirements of this ordinance, including Section 7 and 15.68.410.
15.68.360 Utilities.
A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of
flood waters into the system;
B. New water wells shall be located outside the floodway and shall be protected to the FPE;
C. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration
of flood waters into the systems and discharges from the systems into the floodwaters;
D. Onsite waste disposal systems shall be located to avoid impairment to them or contamination from
them during flooding. A habitat impact assessment shall be conducted in accordance with Section 15.68.440 as
a condition of approval of an onsite waste disposal system to be located in the Special Flood Hazard Area.
Section 7. Standards for Habitat Protection
The provisions of this Section shall apply in the Special Flood Hazard Area and channel migration zone.
15.68.370 Non-Development Activities.
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Activities that do not meet the definition of “development” in this chapter are allowed in the regulatory
floodplainSpecial Flood Hazard Area and Protected Area without the need for a floodplain development permit
under this chapterordinance, provided all other federal, state,Federal, State and local requirements are met.
The following are examples of activities not considered development or manmade“unnatural changes to
improved or unimproved real estate:”.
A. 1. Routine maintenance of landscaping that does not involve grading, excavation, or filling;
B. 2. Removal of noxious weeds and hazard trees and replacement of nonnativenon-native vegetation
with native vegetation;
C. 3. Normal maintenance of structures, such as re-roofing and replacing siding, as long asprovided
such work does not qualify as a substantial improvement;
D. 4. Normal maintenance of above ground public utilities and facilities, such as replacing downed
power lines and utility poles;
E. 5. Underground and above ground utility work located in previously disturbed areas, with no
significant vegetation impacts, and will have no appreciable change in grade;
E.F. Normal street and road maintenance and preservation of public streets and private streets or parking
lots (with approval of Floodplain Administrator) , including, but not limited to filling potholes, patching, crack
seal, chip seal, repaving, and installing signs and traffic signalssigns, traffic control devices,
striping/channelization, pavement markings, repair/replacement of sidewalk/curb and gutter, ADA
improvements, non-motorized improvements, repair of guardrails, repair of retaining walls, management of
hazardous trees, fencing repair, lighting repair, but not including expansion of paved areas;
G. 6. Public street improvements with no significant vegetation impacts, and no appreciable change in
grade;
F.H. Normal maintenance of a levee or other flood control facility prescribed in the operations and
maintenance plan for the levee or flood control facility are allowed in the Special Flood Hazard Area without the
need for a floodplain development permit. Normal maintenance does not include repair from flood damage,
expansion of the prism, expansion of the face or the toe or addition for protection on the face or toe with rock
armor; and
G.I. 7. Plowing and other normal farmflood protection practices (other than structures or filling) on farms in
the Special Flood Hazard Area and in existence as of the effective date of thethis ordinance codified in this
chapter.do not require a floodplain development permit. Clearing additional land for agriculture after the date of
this ordinance will require a floodplain development permit and a Habitat Assessment.
D. 15.68.380 Activities Allowed with a Floodplain Development Permit.
The following activities are allowed in the regulatory floodplainSpecial Flood Hazard Area without the analysis
required in ACC 15.68.160(C)Section 15.68.410 or the habitat impact assessment required under ACC
15.68.135(J), providing Section 15.68.440, provided that all other requirements of this chapterordinance are
met, including obtaining a floodplain development permit:
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A. 1. Repairs or remodeling of an existing structure;, provided, that the repairs or remodeling are not a
substantial improvement or a repair of substantial damage; provided further, that no habitat impact assessment
shall be required if the repair or remodel does not expand the existing building envelope.
B. 2. Expansion or reconstruction of an existing structure that is no greater than 10ten percent beyond
its existing footprint;, provided, that the repairs or remodeling are not a substantial improvement or a repair of
substantial damage. This measurement is counted cumulatively from the effective date of the ordinance
codified in this chapter. If the structure is in the floodway, there shall be no change in the structure’s
dimensions perpendicular to flow and a no rise analysis and certification must be provided, even if he change in
dimensions is parallel to flow.
C. 3. Activities with the sole purpose of creating, restoring or enhancing natural functions associated
with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet federalFederal
and stateState standards, provided the activities do not include structures, grading, fill, or impervioushard
surfaces.
D. 4. Development of open space and recreational facilities, such as parks, trails, and hunting grounds,
that do not include structures, grading, fill, impervioushard surfaces or removal of more than five percent of the
native vegetation on that portion of the property in the regulatory floodplainSpecial Flood Hazard Area.
E. E. Repairs to onsite Septic Systems provided the ground disturbance is the minimum necessary and
best management practices (BMP’s) to prevent stormwater runoff and soil erosion are used.
15.68.390 Other Activities.
All other activities not listed in subsection CSections 15.68.370 or D of this section are 15.68.380 that are
allowed, as long as by Title 18 (Zoning) of the Auburn City Code are allowed, provided they meet all the other
requirements of this chapterordinance, including the analysis required in ACC 15.68.160under Section
15.68.420, 15.68.430, and the habitat impact assessment and any mitigation required under ACC 15.68.135(K)
and (L)Section 15.68.440, and a floodplain development permit is issued.
15.68.400 Native Vegetation.
The site plan required in the Floodplain Development Application Packet shall show existing native vegetation.
A. Within the riparian buffer zone, native vegetation shall be left undisturbed, except as provided in
Sections 15.68.370 and 15.68.380(C).
B. Outside the riparian buffer zone, removal of native vegetation shall not exceed 35 percent of the
surface area of the portion of the site in the Special Flood Hazard Area. Native vegetation in the riparian buffer
zone portion of the property can be counted toward this requirement.
C. If the proposed project does not meet the criteria of Sections 15.68.400(A) and (B), a habitat impact
assessment shall be conducted pursuant to Section 15.68.440 and, if necessary, a habitat mitigation plan shall
be prepared and implemented pursuant to Section 15.68.450.
15.68.410 Floodway Standards.
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A. In addition to the other requirements of this ordinance, a project to develop in the floodway as
delineated pursuant to Sections 15.68.130(C), 15.68.130(D) or 15.68.150(E) shall meet the following criteria:
1. The applicant shall provide a certification by a registered professional engineer licensed in the
State of Washington demonstrating through hydrologic and hydraulic analyses performed in
accordance with standard engineering practices that the proposed development would not result in any
increase in flood levels during the occurrence of the base flood discharge.
2. Construction or reconstruction of residential structures is prohibited within designated
floodways, except for the following. The following exceptions must still meet all other requirements in
the ordinance, including Section 15.68.410.(A)(.1).
a. Repairs, reconstruction, or improvements to a residential structure that do not
increase the ground floor area, providing the cost of which does not exceed 50 percent of the
market value of the structure either, (1) before the repair, or reconstruction is started, or (2) if
the structure has been damaged, and is being restored, before the damage occurred. Any
project for improvement of a structure to correct existing violations of State or local health,
sanitary, or safety code specifications that have been identified by a local code enforcement
official, and which are the minimum necessary to assure safe living conditions, or to an
historic structure, may be excluded from the 50 percent calculation;
b. Repairs, reconstruction, replacement, or improvements to existing farmhouse
structures located in designated floodways and that are located on lands designated as
agricultural lands of long-term commercial significance under RCW 36.70A.170 may be
permitted subject to the following:
i. The new farmhouse is a replacement for an existing farmhouse on the same
farm site;
ii. There is no potential building site for a replacement farmhouse on the same
farm outside the designated floodway;
iii. Repairs, reconstruction, or improvements to a farmhouse shall not increase
the total square footage of encroachment of the existing farmhouse;
iv. A replacement farmhouse shall not exceed the total square footage of
encroachment of the farmhouse it is replacing;
v. A farmhouse being replaced shall be removed, in its entirety, including
foundation, from the floodway within ninety days after occupancy of a new farmhouse;
vi. For substantial improvements and replacement farmhouses, the elevation of
the lowest floor of the improvement and farmhouse respectively, including basement,
is a minimum of one foot higher than the BFE;
vii. New and replacement water supply systems are designed to eliminate or
minimize infiltration of floodwaters into the system;
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viii. New and replacement sanitary sewerage systems are designed and located
to eliminate or minimize infiltration of floodwater into the system and discharge from
the system into the floodwaters; and
ix. All other utilities and connections to public utilities are designed, constructed,
and located to eliminate or minimize flood damage.
c. For all substantially damaged residential structures, other than farmhouses, located
in a designated floodway, the Floodplain Administrator may make a written request that the
Department of Ecology assess the risk of harm to life and property posed by the specific
conditions of the floodway. Based on analysis of depth, velocity, flood-related erosion,
channel migration, debris load potential, and flood warning capability, the Department of
Ecology may exercise best professional judgment in recommending to the local permitting
authority repair, replacement, or relocation of a substantially damaged structure consistent
with WAC 173-158-076. The property owner shall be responsible for submitting to the local
government and the Department of Ecology any information necessary to complete the
assessment. Without a favorable recommendation from the department for the repair or
replacement of a substantially damaged residential structure located in the regulatory
floodway, no repair or replacement is allowed per WAC 173-158-070(1).
d. Before the repair, replacement, or reconstruction is started, all requirements of the
NFIP, the state requirements adopted pursuant to 86.16 RCW, and all applicable local
regulations must be satisfied. In addition, the following conditions must be met:
i. There is no potential safe building location for the replacement residential
structure on the same property outside the regulatory floodway.
ii. A replacement residential structure is a residential structure built as a
substitute for a legally existing residential structure of equivalent use and size.
iii. Repairs, reconstruction, or replacement of a residential structure shall not
increase the total square footage of floodway encroachment.
iv. The elevation of the lowest floor of the substantially damaged or replacement
residential structure is a minimum of one foot higher than the BFE.
v. New and replacement water supply systems are designed to eliminate or
minimize infiltration of floodwater into the system.
vi. New and replacement sanitary sewerage systems are designed and located
to eliminate or minimize infiltration of floodwater into the system and discharge from
the system into the floodwaters.
vii. All other utilities and connections to public utilities are designed, constructed,
and located to eliminate or minimize flood damage.
e. Repairs, reconstruction, or improvements to residential structures identified as
historic structures that do not increase the building’s dimensions.
B. In riverine Special Flood Hazard Areas where a floodway has not been delineated pursuant to
Sections 15.68.130(C), 15.68.130(D) or 15.68.150(E), the applicant for a project to develop in the SFHA shall
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provide a certification by a registered professional engineer in the State of Washington demonstrating through
hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the
proposed development and all other past or future similar developments would not cumulatively result in an
increase of flood levels during the occurrence of the base flood discharge by more than one-half foot.
15.68.420 Standards for Shallow Flooding Areas (AO Zones)
Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these
zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of
flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as
sheet flow. In addition to other provisions in this code, the following additional provisions also apply in AO
zones.
A. New construction and substantial improvements of residential structures and manufactured homes
within AO zones shall have the lowest floor (including basement and mechanical equipment) elevated above
the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the
community’s FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is
specified).
B. New construction and substantial improvements of nonresidential structures within AO zones shall
either:
1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the
building site, one foot or more above the depth number specified on the FIRM (at least two feet if no
depth number is specified); or
2. Together with attendant utility and sanitary facilities, be completely flood proofed to or above
that level so that any space below that level is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a
registered professional engineer, or architect as in Section 15.68.310(I).
C. Require adequate drainage paths around structures on slopes to guide floodwaters around and away
from proposed structures.
D. Recreational vehicles placed on sites within AO zones on the community’s FIRM either:
1. Be on the site for fewer than 180 consecutive days, or
2. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices, and has no permanently attached
additions; or
3. Meet the requirements of subsections (1) and (3) above and the anchoring requirements for
manufactured homes (Section 15.68.330(B)).
15.68.430 Compensatory Storage.
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New development shall not reduce the effective flood storage volume of the Special Flood Hazard Area. A
development proposal shall provide compensatory storage if grading or other activity eliminates any effective
flood storage volume. Compensatory storage shall:
15.68.135 Floodplain development permit application.
Application for a floodplain development permit shall be made on forms furnished by the floodplain
administrator and shall include, but not be limited to:
A. One or more site plans, drawn to scale, showing:
1. The nature, location, dimensions, and Provide equivalent volumes at equivalent elevations of the property
in question;
2. Names and location of all lakes,to that being displaced. For this purpose, “equivalent elevation” means
having similar relationship to ordinary high water bodies, waterwaysmark and drainage facilities within 300 feet
ofto the site;
3. The elevations of the 10-, 50-, 100-, and 500-year floods, where the data arebest available. Additionally, for
property located within the SFHA, base flood elevations shall be included as required in ACC 15.68.060(C)(3);
4. The boundaries of the regulatory floodplain, SFHA, floodway, riparian habitat zone, and channel migration
area, delineated in accordance with this chapter;
5. The proposed drainage system including, but not limited to, storm sewers, overland flow paths, detention
facilities and roads;
6. Existing and proposed structures, fill, pavement and other impervious surfaces, and sites for storage of
materials;
7. All wetlands;
8. Designated fish and wildlife habitat conservation areas; and
9. Existing native vegetation and proposed revegetation (see ACC 15.68.161(D)).
B. If the proposed project involves regrading, excavation, or filling, the site plan shall include proposed post-
development terrain at one-foot contour intervals.
C. If the proposed project includes a new structure, substantial improvement, or repairs to a substantially
damaged structure that will be elevated, the application shall include the FPE for the building site 10-year, 50-
year and the proposed elevations of the following:
1. The top of bottom floor (including basement, crawlspace, or enclosure floor);
2. The top of the next higher floor;
3. The top of the slab of an attached garage;
4. The lowest elevation of machinery or equipment servicing the structure;
5. The lowest adjacent (finished) grade next to structure;
6. The highest adjacent (finished) grade next to structure;
7. The lowest adjacent grade at the lowest elevation of a deck or stairs, including structural support.
D. If the proposed project includes a new structure, substantial improvement, or repairs to a substantially
damaged nonresidential structure that will be dry floodproofed, the application shall include the FPE for the
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building site and the elevation in relation to the datum of the effective FIRM to which the structure will be dry
floodproofed and a certification by a registered professional engineer or licensed architect that the dry
floodproofing methods meet the floodproofing criteria in this chapter.
A. E. The application shall include a description of the extent to which a stream, lake, or other 100-year
water body, including its shoreline, will be altered or relocated as a result of the proposed developmentsurface
profiles.
B. Be hydraulically connected to the source of flooding.
C. Provide compensatory storage in the same construction season as when the displacement of flood
storage volume occurs and before the flood season begins.
D. The newly created storage area shall be graded and vegetated to allow fish access during flood events
without creating fish stranding sites.
F. The application shall include documentation that the applicant will apply for all necessary permits required
by federal, state, or local law. The application shall include acknowledgment that the applicant understands that
the final certificate of occupancy will be issued only if the applicant provides copies of the required federal,
state, and local permits or letters stating that a permit is not required.
G. The application shall include acknowledgment by the applicant that representatives of any federal, state or
local unit of government with regulatory authority over the project are authorized to enter upon the property to
inspect the development.
H. The riparian habitat zone shall be delineated on the site plan by the applicant at the time of application for
subdivision approval or floodplain development permit for all development proposals within 300 feet of any
stream or shoreline.
I. If the project is located in the regulatory floodplain and includes activities not listed in ACC 15.68.130(C) and
(D), the application shall include a habitat impact assessment. If that assessment determines that impacts
would result from the project, the application shall also include a habitat mitigation plan.
J. 15.68.440 Habitat Impact Assessment.
Unless allowed under ACC 15.68.130(C) or (D), anSections 15.68.370 and 15.68.380, a permit application to
develop in the regulatory floodplainSpecial Flood Hazard Area shall include an assessment of the impact of the
project on federal, state or locally protected species and habitat, water quality and aquatic and riparian habitat.
The assessment shall be:
A. 1. A biological evaluationA Biological Evaluation or biological assessment that has received
concurrence from the U.S. Fish and Wildlife ServiceBiological Assessment developed per 50 C.F.R.,
Subsection 402.12 to initiate Federal Interagency consultation under Endangered Species Act Section 7.a.2;
or,
A.B. Documentation that the National Marine Fisheries Service, pursuant toactivity fits within Section 74.d
of the Endangered Species Act; or,
B.C. 2. Documentation that the activity fits within a habitat conservation planHabitat Conservation Plan
approved pursuant to Section 10 of the Endangered Species Act, where any such assessment has been
prepared or is otherwise made available; or
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3. Documentation that the activity fits within Section 4(d) of the Endangered Species Act; or
C.D. 4. An assessment prepared in accordance with Regional Guidance for Floodplain Habitat
Assessment and Mitigation, FEMA Region X, 20102013. The assessment shall determine if the project would
adversely affect:
1. a. Species that are Federal, state or local listed as threatened or endangered.
1.2. The primary constituent elements identified for critical habitat when a species is listed as
threatened or endangered;delineated, including but not limited to water quality, water quantity, flood
volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmonids.
2.3. b. Essential fish habitatFish Habitat designated by the National Marine Fisheries Service;.
3.4. c. Fish and wildlife habitat conservation areas;.
d. Vegetation communities and habitat structures;
e. Water quality;
f. Water quantity, including flood and low flow depths, volumes and velocities;
g. The channel’s natural planform pattern and migration processes;
h. Spawning substrate, if applicable; and/or
i. Floodplain refugia, if applicable.
5. K. Other protected areas and elements necessary for species conservation.
15.68.450 Habitat Mitigation Plan.
A. 1. A. If the assessment conducted under subsection J of this sectionSection 15.68.440 concludes
the project is expected to have an adverse effect on water quality and/or aquatic or riparian habitat or habitat
functionsfunction, the applicant shall provide a plan to mitigate those impacts, in accordance with Regional
Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, 20102013.
1. a. For projects or those portions of a project located within the regulatory floodplain but
outside of the protected area1. If the USFWS or NMFS issues an Incidental Take Permit under
Section 10 of the Endangered Species Act or a Biological Opinion under Section 7 of the Endangered
Species Act; then it can be considered to quality as a plan to mitigate those impacts.
2. 2. If the project is located in the Protected Area, the mitigation plan shall stipulate
avoidance measures as are needed to ensure that there is no adverse effect during any phase of the
project. No compensatory mitigation is allowed in the Protected Area.
1.3. 3. If the project is located outside the Protected Area, the mitigation plan shall include
such avoidance, minimization, restoration, or compensation measures as are appropriate to mitigate
the adverse effects of the project.so that indirect adverse effects of development are mitigated such
that equivalent or better habitat protection is provided for the following functions:
b. For projects or those portions of a project located within the protected area, the project
shall be revised to include such appropriate measures as are needed to ensure that there is
no adverse effect due to the project. Minimization measures are not allowed in the protected
area, unless they, in combination with other measures, result in no adverse effect.
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a. 2. a. Stormwater: Reduce flood volumes and stormwater runoff from new
development by ensuring that increased volumes of stormwater reach the river at the same
frequency, timing and duration as historical runoff. Low Impact Development (LID) is required
to be incorporated as described in Section 15.68.270(.B).
b. b. Riparian Vegetation: Maintain or replace riparian function by
providing equivalent area, diversity, and function of riparian vegetation as currently exists on
the site. Riparian retention requirements are outlined in ACC 15.68.400.
c. c. Hyporheic Zones: No activity is allowed that interferes with the
natural exchange of flow between surface water, groundwater and hyporheic zone, however,
natural hyporheic exchange may be enhanced or restored.
d. d. Wetlands: Wetland function must be maintained or replaced by
providing equivalent function.
e. e. Large Woody Debris: Any large woody debris (LWD) removed from
the floodplain must be replaced in kind, replicating or improving the quantity, size, and species
of the existing LWD per Washington Department of Fish and Wildlife Aquatic Habitat
Guidelines.
4. 4. No new stream crossings are allowed outside the Protected Area unless approval
has been obtained as stated in Section 15.68.460.(A).
B. B. The plan’s habitat mitigation activities shall be incorporated into the proposed project. The
floodplain development permit shall be based on the redesigned project and its mitigation components.
C. L. C. As required in Section 15.68.230, the floodplain administrator or designee shall not issue a
certificate of occupancy or final permits until all work identified in the Habitat Assessment and mitigation plan
has been completed or the applicant has provided the necessary assurance that unfinished portions of the
project will be completed, in accordance with Section 15.68.230(.A).
C.D. D Third – -Party Review. For the habitat impact assessment required in sSubsection J15.68.440
of this section or the habitat mitigation plan required in subsection K of this section, the city may require third-
party review when the professional opinions of the applicant’s representative and the city’s reviewers cannot be
reconciled. Third-party review requires the applicant’s habitat impact assessment, habitat mitigation plan,
and/or additional technical studies to be reviewed by an independent third party, paid for by the applicant but
hired by the city. Third-party review shall be conducted by a qualified consultant as defined in the Floodplain
Habitat Assessment and Mitigation Regional Guidance, FEMA Region X, 2010.2013.
15.68.136 Floodplain 460 Alteration of Watercourses and SFHA Boundaries.
A. A. In addition to the other requirements in SectionChapter 15.68, if a project will alter or relocate
boundaries of the SFHA, then the applicant shall also submit a request for a Conditional Letter of Map Revision
(CLOMR), where required by FEMA with engineering documentation and analysis regarding the proposed
change. The project will not be approved unless FEMA issues the CLOMR (which requires Endangered
Species Act consultation) and the provisions of the letter are made part of the permit requirements. If the
change to the BFE or boundaries of the SFHA would normally require a Letter of Map Change, then the project
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proponent shall initiate, and receive approval of, a Conditional Letter of Map Revision (CLOMR) prior to
approval of the development permit expiration. The project shall be constructed in a manner consistent with the
approved CLOMR.
B. If there has been no start of construction, a floodplain development permit shall expire 180 days after
the date of issuance. Where the applicant documents a need for an extension beyond this period due to
conditions beyond the applicant’s control, the floodplain administrator may authorize one or more extensions.
C. 15.68.140 Designation of the floodplain administrator.
D. The director of the planning and development department, or the director’s designee, is hereby
appointed to administer and implement this chapter by granting or denying B. If a CLOMR application is made,
then the project proponent shall also supply the full CLOMR documentation package to the Floodplain
Administrator to be attached to the floodplain development permit applications in accordance with its
provisions.
E. 15.68.141 Duties of the floodplain administrator.
F. Duties of the floodplain administrator shall include, but not be limited to:
G. A. Review all floodplain development permits to determine that the permit requirements of this
chapter have been satisfied.
H.B. B. Review all floodplain development permits to determine that all necessary permits have been
obtained from those federal, state, or local governmental agencies from which prior approval is required,
including those local, state or federal permits that may be all required to assure compliance with the
Endangered Species Act and/or other appropriate state or federal lawsproperty owner notifications.
I. C. Review all. The floodplain development permits to determine if the proposed development is
located in the protected area. If located in the protected area, ensure that the applicable provisions of this
chapter are met.
J. D. Ensure that all development activities within the regulatory floodplain of the city meet the
requirements of this chapter.
K. E. Inspect all development projects before, during and after construction to ensure compliance with
all provisions of this chapter, including proper elevation of the structure.
L. F. Maintain for public inspection all records pertaining to the provisions of this chapter.
M. G. Submit reports as required for the National Flood Insurance Program.
N. H. Notify FEMA of any proposed amendments to this chapter.
O. I. Cooperate with state and federal agencies to improve flood and other technical data and
administrator or designee shall notify FEMA of any new data that would revise the FIRM.
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P. J. Make interpretations, where needed, as to the exact location of the boundaries of the regulatory
floodplain, the SFHA and the protected area (e.g., where there appears to be a conflict between the mapped
SFHA boundary and actual field conditions as determined by the base flood elevation and ground elevations).
Q. 15.68.150 Duties and responsibilities of the public works department.
R. Duties of the public works department regarding flood hazard areas shall include, but not be limited to:
S. A. Permit Review.
T. 1. Review all development permits to determine that the permit requirements of this chapter have
been satisfied;
U. 2. Review all development permits to determine that all necessary permits have been obtained from
those federal, state or local governmental agencies from which prior approval is required;
V. 3. Review all development permits to determine if the proposed development is located in the
floodway. If located in the floodway, assure that the encroachment provisions of ACC 15.68.160(C) are met.
W. B. Use of Other Base Flood Data. When base flood elevation data has not been provided in
accordance with ACC 15.68.060(C), the city engineer shall obtain, review, and reasonably utilize any base
flood elevation and floodway data available from a federal, state or other sources in order to administer this
chapter.
X. C. Information to Be Obtained and Maintained.
Y. 1. Where base flood elevation data has not otherwise been provided in accordance with this chapter,
obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including
basement) of all new or substantially improved structures, and whether or not the structure contains a
basement. This information shall be recorded on a current FEMA Elevation Certificate (FEMA Form 81-31),
signed and sealed by a professional land surveyor, currently licensed in the state of Washington.
Z. 2. For all new or substantially improved floodproofed structures:
AA. a. Verify and record the actual elevation (in relation to mean sea level); and
BB. b. Maintain the floodproofing certifications required in this chapter.
CC. 3. Maintain for Public Inspection All Records Pertaining to the Provisions of This Chapter. This
information shall be recorded on a current FEMA Floodproofing Certificate (FEMA Form 81-65), by a
professional engineer, currently licensed in the state of Washington.
DD. D. Alteration of Watercourses.
EE.C. 1. Notify adjacent communities and the Washington Department of Ecology prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administratiorn;
FF.D. 2. Require that maintenance isD. Assure that the flood-carrying capacity of the altered or relocated
portion of the watercourse is maintained. provided within the altered or relocated portion of said watercourse so
that the flood-carrying capacity is not diminished. If the maintenance program does not call for cutting of native
vegetation, the system shall be oversized at the time of construction to compensate for said vegetation growth
or any other natural factor that may need future maintenance.
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E. Interpretation of Firm Boundaries. Make interpretations where needed as to exact location of the
boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions). The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation.
F. Appeals of determinations made pursuant to this chapter shall be filed with the city’s public works director
within 20 working days after the final city engineer decision is issued. The public works director shall have 15
working days to review the appeal, determine whether to uphold or modify the city engineer’s decision, and
notify the applicant of such determination. The decision of the public works director shall be final. The city
engineer’s and director’s decision shall be granted consistent with the standards of Section 60.6 of the Rules
and Regulations of the National Flood Insurance Program (44 CFR 59-76). (Ord. 6295 § 2, 2010; Ord. 6182
§ 4, 2008; Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.3), 1989.)
15.68.151 Duties and responsibilities of the planning and development department.
Duties of the planning and development department shall include, but not be limited to:
A. Permit Review.
1. Review all building-related development permits to determine that the permit requirements of this
chapter have been satisfied including building, addition and alteration permits;
2. Review all building-related development permits to determine that all necessary permits have been
obtained from those federal, state or local governmental agencies from which prior approval is required;
and
3. Review all building-related projects to determine that the procedures for building projects within a
special flood hazard area have been applied.
B. Information to Be Obtained and Maintained.
1. Where base flood elevation data is provided through the flood insurance study or required as in ACC
15.68.150(B), obtain and record the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures, and whether or not the structure
contains a basement;
2. For all new or substantially improved floodproofed structures:
a. Verify and record the actual elevation (in relation to mean sea level); and
b. Maintain the floodproofing certifications required in this chapter;
3. Maintain for public inspection all building-related records pertaining to the provisions of this chapter.
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Article V. Provisions for Flood Hazard Protection
15.68.160 Standards of the public works department.
A. Utilities.
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system.
2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration
of floodwaters into the systems and discharge from the systems into floodwaters.
3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from
them during flooding.
4. All new streets shall be designed to ensure the lowest finished surface elevation is a minimum of one
foot higher than the adjacent 100-year flood elevation.
5. All new development shall be designed and located to minimize the impact on flood flows, flood
storage, water quality, and habitat.
a. Stormwater and drainage features shall incorporate low impact development techniques that
mimic predevelopment hydrologic conditions, such as stormwater infiltration, rain gardens, grass
swales, filter strips, disconnected impervious areas, permeable pavement, and vegetative roof
systems.
b. If the proposed project will create new impervious surfaces so that more than 10 percent of the
portion of the lot in the regulatory floodplain is covered by impervious surface, the applicant shall
demonstrate that there will be no net increase in the rate and volume of the stormwater surface runoff
that leaves the site or that the adverse effect is mitigated as required in ACC 15.68.135(J) and (K).
6. The site plan required in this chapter shall account for surface drainage to ensure that:
a. Existing and new buildings on the site will be protected from stormwater runoff; and
b. The project will not divert or increase surface water runoff onto neighboring properties.
7. Utilities. Water wells shall be located outside the floodway and shall be protected to the FPE.
B. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to minimize flood damage.
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize flood damage.
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
C. Floodway Standards.
1. In addition to the other requirements of this chapter, a project to develop in the floodway as delineated
pursuant to this chapter shall meet the following criteria:
a. The applicant shall provide a certification by a registered professional engineer demonstrating
through hydrologic and hydraulic analyses performed in accordance with standard engineering
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practice that the proposed development would not result in any increase in flood levels during the
occurrence of the base flood discharge.
b. Construction or reconstruction of residential structures is prohibited within designated floodways,
except for the following. The following exceptions must still meet all other requirements in this
chapter:
i. Repairs, reconstruction, or improvements to a residential structure which do not increase the
ground floor area, providing the cost of which does not exceed 50 percent of the market value of
the structure either (A) before the repair or reconstruction is started, or (B) if the structure has
been damaged, and is being restored, before the damage occurred. Any project for
improvement of a structure to correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by a local code enforcement official and
which are the minimum necessary to assure safe living conditions, or to an historic structure,
may be excluded from the 50 percent calculations;
ii. Repairs, replacement, reconstruction, or improvements to existing farmhouses located in
designated floodways and located on designated agricultural lands that do not increase the
building’s total square footage of encroachment and are consistent with all requirements of
WAC 173-158-075;
iii. Repairs, replacement, reconstruction, or improvements to substantially damaged residential
dwellings other than farmhouses that do not increase the building’s total square footage of
encroachment and are consistent with all requirements of WAC 173-158-076; or
iv. Repairs, reconstruction, or improvements to residential structures identified as historic
structures that do not increase the building’s dimensions.
2. In riverine special flood hazard areas where a floodway has not been delineated pursuant to this
chapter, the applicant for a project to develop in the SFHA shall provide a certification by a registered
professional engineer demonstrating through hydrologic and hydraulic analyses performed in accordance
with standard engineering practice that the proposed development and all other past or future similar
developments would not cumulatively result in an increase of flood levels during the occurrence of the
base flood discharge by more than one foot.
15.68.161 Standards of the planning and development department.
In all areas of special flood hazard the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or
lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement,
and shall be installed using methods and practices that minimize flood damage. Anchoring methods may
include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in
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addition to other anchoring requirements for resisting wind forces. (Reference FEMA’s “Manufactured
Home Installation in Flood Hazard Areas” guidebook for additional techniques.)
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using methods and practices
that minimize flood damage.
3. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities
shall be designed and/or otherwise elevated or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
C. Review of Building Permits. Where elevation data is not available either through the flood insurance study
or from another authoritative source, applications for building permits shall be reviewed to assure that proposed
construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes
use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate
at least two feet above grade in these zones may result in higher insurance rates.
D. Native Vegetation. The site plan required for development in the regulatory floodplain shall show existing
native vegetation.
1. In the riparian habitat zone, native vegetation shall be left undisturbed, except if in connection with an
activity allowed in the regulatory floodplain without a permit, and except for activities with the sole purpose
of creating, restoring or enhancing natural functions associated with floodplains, streams, lakes, estuaries,
marine areas, habitat, and riparian areas that meet federal and state standards, provided the activities do
not include structures, grading, fill, or impervious surfaces.
2. Outside the riparian habitat zone, removal of native vegetation shall not exceed 35 percent of the
surface area of the portion of the site in the regulatory floodplain. Native vegetation in the riparian habitat
zone portion of the property can be counted toward this requirement.
3. If the proposed project does not meet the criteria of this chapter, a habitat impact assessment shall be
conducted pursuant to ACC 15.68.135(J) and, if indicated by that assessment, a habitat mitigation plan
shall be prepared and implemented pursuant to ACC 15.68.135(K).
15.68.170 Additional standards of the planning and development department.
In all areas of special flood hazard where base flood elevation data is provided as set forth in this chapter, the
following provisions are required:
A. Residential Construction.
1. New construction and substantial improvement of any residential structure shall have the lowest floor,
including basement, elevated one foot or more above base flood elevation. Enclosed crawl space areas
no taller than three feet, measured from the lowest ground within the crawl space to the bottom of the
structural system directly supporting the floor slab or sheathing above, shall not be considered as a
basement.
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2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed
to automatically equalize hydrostatic and hydrodynamic flood forces on exterior walls by allowing for the entry
and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above grade;
c. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that
they permit the automatic entry and exit of floodwaters.
3. The structure shall be aligned parallel with the direction of flood flows.
4. The structure shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
5. All materials below the FPE shall be resistant to flood damage and firmly anchored to prevent flotation.
Materials harmful to aquatic wildlife, such as creosote, are prohibited below the FPE.
6. Electrical, heating, ventilation, duct work, plumbing, and air-conditioning equipment and other service
facilities shall be elevated above the FPE. Water, sewage, electrical, and other utility lines below the FPE
shall be constructed so as to prevent water from entering or accumulating within them during conditions of
flooding.
7. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited; provided, that
those areas may be used only for parking, storage, or building access and only if they are designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement shall either be certified by a registered professional
engineer or licensed architect or meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided.
i. b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that
they permit the automatic entry and exit of floodwaters.
B. Nonresidential Construction. New construction and substantial improvement to any commercial, industrial
or other nonresidential structure shall have the lowest floor, including basement, elevated one foot or more
above the level of the base flood elevation. As an alternative to elevation, a new or substantial improvement to
a nonresidential structure, and its attendant utility and sanitary facilities, may be dry floodproofed in A zones.
The project shall meet the following requirements:
1. Be floodproofed so that below one foot above the base flood level the structure is watertight with walls
substantially impermeable to the passage of water;
2.1. 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy;
3. Be certified by a registered professional engineer or a registered professional architect that the design
and methods of construction are in accordance with accepted standards of practice for meeting provisions
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of this subsection based on their development and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the official as set forth in ACC 15.68.150(C)(2);
4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space
below the lowest floor as described in subsection (A)(2) of this section;
5. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be
based on rates that are one foot below the floodproofed level (e.g., a building constructed to one foot
above the base flood level will be rated as one foot below that level).
C. Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones A1 –
30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured
home is one foot or more above the base flood elevation and be securely anchored to an adequately anchored
foundation system.
D. Recreational Vehicles. Recreational vehicles placed on sites are required to either:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by
quick disconnect type utilities and security devices, and have no permanently attached additions; or
3. Meet the requirements of subsection C of this section and the elevation and anchoring requirements
for manufactured homes.
E. Hazardous Materials. No new development shall create a threat to public health, public safety, or water
quality. Chemicals, explosives, gasoline, propane, buoyant materials, animal wastes, fertilizers, flammable
liquids, pollutants, or other materials that are hazardous, toxic, or a threat to water quality are prohibited from
the regulatory floodplain. This prohibition does not apply to small quantities of these materials kept for normal
household use or to materials kept in approved containers above the FPE or in a dry floodproofed
nonresidential building.
F. Small Structures. A low cost building such as a detached garage, boathouse, pole barn, or storage shed
that is no larger than 500 square feet and is not used for human habitation may be exempt from the elevation
requirement of this chapter, provided:
1. It is used only for parking or storage;
A. 2. It is constructed and placed on the building site so as to offer minimum resistance to the flow of
floodwaters;
B.A. 3. It is anchored to prevent flotation which may result in damage to other structures;
4. All portions of the structure below the FPE must be constructed of flood-resistant materials;
5. Service utilities such as electrical and heating equipment meet the standards of this chapter;
6. It has openings to allow free flowage of water that meet the criteria of this chapter;
7. The project meets all the other requirements of this chapter.
G. Location of Structures. Structures and other development shall be located to avoid flood damage.
1. If a lot has a buildable site out of the regulatory floodplain, all new structures shall be located in that
area.
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2. If a lot does not have a buildable site out of the regulatory floodplain, all new structures, pavement,
and other development must be sited in the location that has the least impact on habitat by locating the
structures as far from the water body as possible or placing the structures on the highest land on the lot.
H. Critical Facilities.
1. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the
regulatory floodplain.
2. Construction of new critical facilities shall be permissible if no feasible alternative site is available,
provided:
a. Critical facilities shall have the lowest floor elevated three feet above the base flood elevation or
to the height of the 500-year flood, whichever is higher. If there is no available data on the 500-year
flood, the permit applicants shall develop the needed data in accordance with FEMA mapping
guidelines.
b. Access to and from the critical facility shall be protected to the elevation of the 500-year flood.
15.68.180 Floodways and community acknowledgement of FEMA map amendments.
A. Notwithstanding any other provision of this chapter, the city may permit encroachments within the adopted
regulatory floodway upon receipt of approval of the Federal Insurance Administrator and completion of the
conditions of this section.
1. Prior to a developer being authorized to encroach upon the adopted regulatory floodway to an extent
which will cause base flood elevation increases in excess of those permitted in subsection A of this
section, the developer shall provide, for city review and submission to the Federal Insurance
Administrator, the following:
a. A request for conditional approval of map change and the appropriate initial fee as specified by
Section 72.3 of 44 CFR Chapter I Federal Emergency Management Agency or a request for
exemption from fees as specified by Section 72.5 of 44 CFR Chapter I Federal Emergency
Management Agency. Sections 72.3 and 72.5 of 44 CFR Chapter I Federal Emergency Management
Agency are herein adopted by reference in their entirety including any future amendments thereto;
b. An evaluation of alternatives which would not result in a base flood elevation increase above that
permitted under subsection A of this section demonstrating why these alternatives are not feasible;
c. Documentation of individual legal notice to all impacted property owners within and outside of the
community, explaining the impact of the proposed action on their property;
d. Written concurrence of the chief executive officer of any other communities impacted by the
proposed actions;
e. Written certification that no structures are located in areas which would be impacted by the
increased base flood elevation;
f. A request for revision of base flood elevation determination according to the provisions of Section
65.6 of 44 CFR Chapter I Federal Emergency Management Agency. Section 65.6 of 44 CFR Chapter
I Federal Emergency Management Agency is herein adopted by reference in its entirety;
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g. A request for floodway revision in accordance with the provisions of Section 65.7 of 44 CFR
Chapter I Federal Emergency Management Agency. Section 65.7 of 44 CFR Chapter I Federal
Emergency Management Agency is herein adopted by reference in its entirety.
B. City Review of Changes to Flood Hazard Data.
1. All requests to revise or change the flood hazard data, including requests for a letter of map revision
and a conditional letter of map revision, shall be reviewed by the floodplain administrator.
a. The floodplain administrator shall not sign the community acknowledgement form for any
requests based on filling or other development, unless the applicant for the letter documents that
such filling or development is in compliance with this chapter.
b. The floodplain administrator shall not approve a request to revise or change a floodway
delineation until FEMA has issued a conditional letter of map revision that approves the change.
c. Upon receipt of the Federal Insurance Administrator’s conditional approval of map change and
prior to the approval of the proposed encroachments, the developer shall compensate the city for all
costs incurred by the city which are associated with:
i. The city’s adoption of floodplain management ordinances incorporating the increased base
flood elevations and/or revised floodway reflecting the post-project condition;
ii. The city’s submittal of evidence to the Federal Insurance Administrator of the city’s adoption
of said revised floodplain management ordinances;
iii. Within three months of completion of the proposed encroachments, the developer shall be
responsible for providing certified record drawings and/or technical or scientific data to the city
for submittal to the Federal Insurance Administrator.
2. If an applicant disagrees with the regulatory data prescribed by this chapter, he/she may submit a
detailed technical study needed to replace existing data with better data in accordance with FEMA
mapping guidelines or Regional Guidance for Hydrologic and Hydraulic Studies FEMA Region X, 2010. If
the data in question are shown on the published FIRM, the submittal must also include a request to FEMA
for a conditional letter of map revision.
3. All new hydrologic and hydraulic flood studies conducted pursuant to this chapter shall consider future
conditions and the cumulative effects from anticipated future land use changes in accordance with
Regional Guidance for Hydrologic and Hydraulic Studies, FEMA Region X, 2010. If there is a study in
existence on the date this provision becomes effective that meets the rest of this chapter’s criteria, it may
be used, even if it does not account for future conditions.
15.68.190 Developments within areas of special flood hazard.
Notwithstanding any other provision of this chapter, the city may permit developments within special flood
hazard areas. Prior to approval for a development which will increase the water surface elevation of the base
flood by more than one foot, a developer must comply with the requirements set forth in ACC 15.68.180(A).
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15.68.200 Compensatory storage requirements.
A. Development proposals shall not reduce the effective flood storage volume at base flood elevation. Where
fill, grading or other activities that may displace the effective base flood storage volume are proposed,
compensatory storage shall be required. Compensatory storage shall:
1. Provide equivalent volume at equivalent elevations to that being displaced.
2. Hydraulically connect to the source of the flooding.
3. Provide compensatory storage in the same construction season as when the displacement of flood
storage volume occurs. Allowances may be granted on a case-by-case basis to allow sequential
construction if the timing of the work cannot meet wintertime/flood construction schedules.
4. Occur on site or, if approved by the city engineer, at a hydraulically connected off-site location.
5. Provide documentation of a restrictive easement acceptable to the engineering division to ensure
continued existence of the compensatory flood storage.
B.A. 6. The newly created storage area shall be graded and vegetated to allow fish access during flood
events without creating fish stranding sites.
B. Certification by a registered professional engineer may be required as documentation that the
compensatory storage requirement shall be met by the development proposal.
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Ord. 6761 Exhibit B
ACC Chapter 15.68
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Chapter 15.68
FLOODPLAIN DEVELOPMENT MANAGEMENT
Sections:
Section 1. General
15.68.010 Statutory Authorization.
15.68.020 Purpose.
15.68.030 Lands to which this Ordinance Applies.
15.68.040 Approach.
15.68.050 Penalties for Non-Compliance.
15.68.060 Interpretation.
15.68.070 Abrogation and Greater Restrictions.
15.68.080 Warning and Disclaimer of Liability.
15.68.090 Severability.
Section 2. Definitions
15.68.100 Definitions.
Section 3. Regulatory Data
15.68.110 Area to be Regulated.
15.68.120 Special Flood Hazard Area.
15.68.130 Flood Hazard Data.
15.68.140 Protected Area.
15.68.150 New Regulatory Data.
Section 4. Administration
15.68.160 Establishment of Floodplain Development Permit.
15.68.170 Floodplain Development Permit Application.
15.68.180 Floodplain Development Permit Expiration.
15.68.190 Designation of the Floodplain Administrator.
15.68.200 Duties of the Floodplain Administrator.
15.68.210 Notification to Other Entities.
15.68.220 Records.
15.68.230 Certificate of Occupancy.
15.68.240 Appeals.
15.68.250 Variance Criteria.
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Section 5. General Development Standards
15.68.260 Subdivisions.
15.68.270 Site Design.
15.68.280 Hazardous Materials.
15.68.290 Critical Facilities.
Section 6. Standards for Protection of Structures
15.68.300 Applicability.
15.68.310 Flood Protection Standards.
15.68.320 Nonresidential Construction.
15.68.330 Manufactured Homes.
15.68.340 Recreation Vehicles.
15.68.350 Appurtenant Structures.
15.68.360 Utilities.
Section 7. Standards for Habitat Protection
15.68.370 Non-Development Activities.
15.68.380 Activities Allowed with a Floodplain Development Permit.
15.68.390 Other Activities.
15.68.400 Native Vegetation.
15.68.410 Floodway Standards.
15.68.420 Standards for Shallow Flooding Areas (AO Zones)
15.68.430 Compensatory Storage.
15.68.440 Habitat Impact Assessment.
15.68.450 Habitat Mitigation Plan.
15.68.460 Alteration of Watercourses and SFHA Boundaries.
Section 1. General
15.68.010 Statutory Authorization.
A. The Legislature of the State of Washington has delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
Therefore, the City does ordain as follows:
B. Findings of Fact:
Areas of Auburn are subject to periodic inundation and channel migration which may result in loss of life and
property, health and safety hazards, disruption of commerce and governmental services, extraordinary public
expenditures for protection and relief from flooding and channel migration, and impairment of the tax base, all
of which adversely affect the public health, safety and general welfare.
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When floodplains and watersheds are developed without taking appropriate care and precautions, flood
heights, frequencies, and velocities increase, which may cause a greater threat to humans, damage to
property, destruction of natural floodplain functions, and adverse impacts to water quality and habitat.
Rivers, streams, lakes, estuarine and marine areas and their floodplains are major elements of healthy aquatic
and riparian areas and conveyance of flood waters. If watersheds, rivers, streams, lakes, estuaries, floodplains
and other systems are not viewed holistically as biological and geomorphologic units, it may lead to serious
degradation of habitat and increased flood hazards to people and human development.
Over the years, natural processes have evolved that manage flood waters and channel flows in the most
effective and efficient manner. Disruption of these processes through alterations to land cover, stream
channels, wetlands and other water bodies which may lead to increased flood hazards, loss of life and
property, threats to public health, and loss of habitat.
15.68.020 Purpose.
It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize
public and private losses due to flood conditions in specific areas by provisions designed to manage
development in order to:
A. Protect human life, health and property from the dangers of flooding;
B. Minimize the need for publicly funded and hazardous rescue efforts to save those who are isolated by
floodwaters;
C. Minimize expenditure of public money for costly flood damage repair and flood control projects;
D. Minimize disruption of commerce, governmental services, and government infrastructure;
E. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in the floodplain.;
F. Minimize cost impacts to public facilities and utilities such as water and gas mains, electric, telephone
and sewer lines, streets and bridges located in the special flood hazard area.;
G. Maintain a stable tax base by providing for the sound use of and development of flood hazard areas so
as to minimize blight areas caused by flooding;
H. Encourage those who occupy flood hazard areas be educated about the risks and challenges
associated with these areas.;
I. Qualify the City of Auburn for participation in the National Flood Insurance Program, thereby giving
citizens and businesses the opportunity to purchase flood insurance;
J. Maintain the quality of water in rivers, streams, and lakes, and their floodplains so as to protect public
water supplies, areas of the Public Trust, and wildlife habitat protected by the Endangered Species Act;
K. Retain the natural channel, shoreline, and floodplain creation processes and other natural floodplain
functions that protect, create, and maintain habitat for threatened and endangered species; and
L. Prevent or minimize loss of hydraulic, geomorphic, and ecological functions of floodplains and stream
channels.
15.68.030 Lands to which this Ordinance Applies.
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This ordinance shall apply to the Special Flood Hazard Area (SFHA) and associated protected areas within the
jurisdiction of the City of Auburn as defined in Section 3 of this Ordinance.
15.68.040 Approach.
In order to achieve the listed purposes, this ordinance:
A. Defines and clarifies the terms and phrases used in this ordinance in Section 2.
B. Identifies in Section 3 the Special Flood Hazard Area, the Protected Area and the supporting technical
data needed to delineate those areas.
C. Establishes a permit requirement in Section 4 so that all proposed development that may affect flood
hazards, water quality and habitat is reviewed prior to construction.
D. Sets minimum protection standards in Section 5 for all development to ensure that the development
will not increase the potential for flood damage or adversely affect natural floodplain functions.
E. Sets minimum protection standards to protect new and substantially improved structures from flood
damage in Section 6.
F. Specifies additional habitat protection criteria in Section 7. Some small projects do not need a
floodplain development permit (see ACC 15.68.380). For all other development projects, the applicant must
assess their impact on those factors that contribute to increased flood hazard and degradation of habitat. If the
assessment concludes that the project will cause an adverse effect outside the Protected Area, the permit will
be denied, unless the project impacts are mitigated (avoided, minimized, restored or compensated for).
15.68.050 Penalties for Noncompliance.
No development shall be undertaken or placed in the areas regulated by this ordinance without full compliance
with the terms of this ordinance and other applicable regulations of the City. Violation of the provisions of this
chapter by failure to comply with any of its requirements (including violations of conditions and safeguards
established in connection with conditions) shall be enforced pursuant to the provisions of Chapter 1.25 ACC.
15.68.060 Interpretation.
In the interpretation and application of this ordinance, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the City; and,
C. Deemed neither to limit nor repeal any other powers granted under state statutes;
15.68.070 Abrogation and Regulation Conflicts
Where this ordinance and another code, or ordinance, conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
15.68.080 Warning and Disclaimer of Liability.
The degree of property and habitat protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods and movement of
channels outside of mapped channel migration areas may occur on rare occasions. Flood heights may be
increased by unnatural or natural causes. This ordinance does not imply that land outside the regulated areas
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or development permitted within such areas will be free from flood or erosion damage. This ordinance shall not
create liability on the part of the City, any officer or employee thereof, for any damage to property or habitat that
results from reliance on this ordinance or any administrative decision lawfully made hereunder.
15.68.090 Severability
The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of
this ordinance shall not affect the validity of the remainder.
Section 2. Definitions
15.68.100 Definitions.
Unless specifically defined below, terms or phrases used in this ordinance shall be interpreted so as to give
them the meaning they have in common usage and to give this ordinance its most reasonable application.
A. “Adversely affect/adverse effect” means effects that are a direct or indirect result of the proposed
action or its interrelated or interdependent actions and the effect is not discountable, insignificant, or beneficial.
Discountable effects are extremely unlikely to occur. Insignificant effects relate to the size of the impact and
should never reach the scale where a take occurs. Based on best judgment, a person would not: 1) be able to
meaningfully measure, detect, or evaluate insignificant effects, or 2) expect discountable effects to occur.
Beneficial effects are contemporaneous positive effects without any adverse effects. In the event that the
overall effect of the proposed action is beneficial, but is also likely to cause some adverse effects, then the
proposed action is considered to result in an adverse effect.
B. “Alteration of watercourse” means any action that will change the location of the channel occupied by
water within the banks of any portion of a riverine waterbody.
C. “Appurtenant Structure” means a structure which is on the same parcel as the principle structure to be
insured and the use of which is incidental to the use of the principal structure.
D. “Area of shallow flooding” means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a
community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an
average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Also referred to as the sheet flow area.
E. “Area of special flood hazard” means the land in the floodplain within a community subject to a 1
percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM)
as zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in
meaning with the phrase “area of special flood hazard”.
F. “ASCE 24” means the most recently published version of ASCE 24, Flood Resistant Design and
Construction, published by the American Society of Civil Engineers.
G. “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given
year (also referred to as the “100-year flood”).
H. “Base flood elevation” means the elevation to which floodwater is anticipated to rise during the base
flood.
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I. “Basement” means any area of the structure having its floor subgrade (below ground level) on all
sides.
J. “Building Code” means the currently effective versions of the International Building Code and the
International Residential Code adopted by the Washington State Legislature and any further amendments
adopted by the City of Auburn.
K. “Channel Migration Zone” (CMZ) means the area within the lateral extent of likely stream channel
movement due to stream bank destabilization and erosion, rapid stream incision, aggradation, avulsions, and
shifts in location of stream channels.
1. The channel migration area shall be the total area occupied by the river channel, the severe
channel migration hazard area, and the moderate channel migration hazard area as delineated in the
Green River Channel Migration Study published by King County dated December 1993 plus 50 feet.
2. The channel migration area shall be the total area occupied by the river channel, the severe
channel migration hazard area, and the moderate channel migration hazard area as delineated in the
Channel Migration Zone Delineation for the Middle Green River, RM 31.10 to 33.25 dated December
28, 2018 plus 50-feet which supersedes the study referenced above.
3. A site specific channel migration delineation may also be performed per the Washington State
Department of Ecology’s current requirements with recommended setbacks (A Framework for
Delineating Channel Migration Zones) prepared by a qualified engineer. The delineation shall be
prepared by a qualified consultant as that term is defined in these regulations. The city may retain a
qualified consultant paid for by the applicant to review and confirm the applicant’s reports, studies and
plans if the following circumstances exist:
a. The city has technical information that is unavailable to the applicant; or
b. The applicant has provided inaccurate or incomplete information on previous
proposals or proposals currently under consideration.
L. “Critical facility” means a facility necessary to protect the public health, safety and welfare during a
flood. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and
emergency operations installations, water and wastewater treatment plants, electric power stations, and
installations which produce, use, or store hazardous materials or hazardous waste (other than consumer
products containing hazardous substances or hazardous waste intended for household use).
M. “Development” means any human-made change to improved or unimproved real estate including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials located within the area of special flood hazard.
N. “Dry floodproofing” means any combination of structural and nonstructural measures that prevent flood
waters from entering a structure.
O. “Elevation Certificate” means an administrative tool of the National Flood Insurance Program (NFIP)
that can be used to provide elevation information, to determine the proper insurance premium rate, and to
support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
P. “Essential Facility” has the same meaning as “Essential Facility” defined in ASCE 24. Table 1-1 in
ASCE 24-14 further identifies building occupancies that are essential facilities.
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Q. “FEMA” means the Federal Emergency Management Agency, the agency responsible for
administering the National Flood Insurance Program.
R. “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.
3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph
(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry
land areas, as when earth is carried by a current of water and deposited along the path of the current.
4. The collapse or subsidence of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or
by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph
(1) of this definition.
S. “Flood elevation study” means an examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations, or an examination, evaluation and determination of
mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a Flood Insurance Study (FIS).
T. “Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance
Administrator has delineated both the Special Flood Hazard Areas and the risk premium zones applicable to
the community.
U. “Flood insurance study (FIS)” See “Flood Elevation Study”
V. “Floodplain or flood prone area” means any land area susceptible to being inundated by water from
any source. See "Flood or flooding."
W. “Floodplain administrator” means the community official designated by title to administer and enforce
the floodplain management regulations.
X. “Flood proofing” means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents. Flood proofed structures are those that
have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation.
Y. “Flood protection elevation (FPE)” means the elevation above the datum of the effective FIRM to which
new and substantially improved structures must be protected from flood damage.
Z. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than a designated height. Also referred to the “Regulatory Floodway.
AA. “Functionally Dependent Use” means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are
necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and
does not include long-term storage or related manufacturing facilities.
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BB. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
CC. “Historic structure” means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior, or
b. Directly by the Secretary of the Interior in states without approved programs.
DD. “Hyporheic zone” means a saturated layer of rock or sediment beneath and/or adjacent to a stream
channel that contains some proportion of channel water or that has been altered by channel water infiltration.
EE. “Impervious surface” means a non-vegetated surface area which either prevents or retards the entry of
water into the soil mantle as under natural conditions prior to development. A non-vegetated surface area
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. Common impervious surfaces include, but are not
limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving,
gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the
natural infiltration of stormwater.
FF. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement An unfinished
or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other
than a basement area is not considered a building’s lowest floor provided that such enclosure is not built so as
to render the structure in violation of the applicable non-elevation design requirements of this chapter found in
ACC 15.68.170(A)(7) (i.e. provided there are adequate flood ventilation openings).
GG. “Manufactured home” means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term “manufactured home” does not include a “recreational vehicle.”
HH. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
II. “Market value” shall mean the current assessed value as established by the most recent tax roll of the
county assessor in which the property is located. An applicant may, at applicant’s expense, provide an
appraisal to determine market value.
JJ. “Mean Sea Level” means for purposes of the National Flood Insurance Program, the vertical datum to
which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.
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KK. “Native vegetation” means plant species that are indigenous to the community’s area and that
reasonably could be expected to naturally occur on the site.
LL. “Natural floodplain functions” means the contribution that a floodplain makes to support habitat,
including, but not limited to, providing flood storage and conveyance, reducing flood velocities, reducing
sedimentation, filtering nutrients and impurities from runoff, processing organic wastes, moderating
temperature fluctuations, and providing breeding and feeding grounds, shelter, and refugia, for aquatic or
riparian species.
MM. “New construction” means for the purposes of determining insurance rates, structures for which the
“start of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map or after
December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For
floodplain management purposes, “new construction” means structures for which the “start of construction”
commenced on or after the effective date of the ordinance adopted by a community and includes any
subsequent improvements to such structures.
NN. “Principal Structure” means a structure in which the principal use of the lot on which it is located is
conducted.
OO. “Protected area” means the lands that lie within the boundaries of the floodway, the riparian buffer
zone, and the channel migration area. Because of the impact that development can have on flood heights and
velocities and habitat, special rules apply in the Protected Area.
PP. “Reasonably Safe from Flooding” means development that is designed and built to be safe from
flooding based on consideration of current flood elevation studies, historical data, high water marks and other
reliable data known to the community. In unnumbered A zones where flood elevation information is not
available and cannot be obtained by practicable means, reasonably safe from flooding means that the lowest
floor is at least two feet above the Highest Adjacent Grade.
QQ. “Recreational vehicle” means a vehicle:
1. Built on a single chassis; and,
2. Four hundred square feet or less when measured at the largest horizontal projection; and,
3. Designed to be self-propelled or permanently towable by an automobile or light-duty truck;
and,
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel or seasonal use.
RR. “Riparian” means of, adjacent to, or living on, the bank of a stream, lake, pond, sound, or other water
body.
SS. “Riparian buffer zone” means the land located adjacent to streams, and other bodies of water, where
the natural soil, hydrology, and native flora and fauna perform important ecological functions such as protecting
the water body by filtering out pollutants, preventing erosion and sedimentation, stabilizing stream banks, and
providing natural shade. They are often thin lines-of-green containing native grasses, flowers, shrubs and trees
that line the banks of streams and other bodies of water. The riparian buffer zone for the Puget Sound
Biological Opinion applies only to areas mapped within the Special Flood Hazard Area, unless the area is
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undeveloped with predominately native vegetation that have benefits to endangered species, in which case the
regulations for riparian habitat zones shall apply.
TT. ”Riparian Habitat Zone” means the water body and adjacent land areas that are likely to support
aquatic and riparian habitat.
UU. “Special flood hazard area (SFHA)” means the land subject to inundation by the base flood. Special
flood hazard areas are designated on Flood Insurance Rate Maps with the letters “A” or “V” include AE
(floodway), AO, AH, A1-99 and VE. The Special Flood Hazard Area is also referred to as the area of special
flood hazard or SFHA.
VV. “Start of construction” includes substantial improvement, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or
other improvement was within 180 days of the date of the permit. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement, the actual “start of construction”
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
WW. “Structure” means a walled and roofed building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home.
XX. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of
the structure before the damage occurred
YY. “Substantial improvement” means any reconstruction, rehabilitation, addition, replacement or
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure
before the “start of construction” of the improvement. This term includes structures which have incurred
"substantial damage," regardless of the actual repair work performed.
The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications that have been identified by the local code enforcement official
and that are the minimum necessary to assure safe living conditions; or
2. Any alteration of a “historic structure” provided that the alteration will not preclude the
structure’s continued designation as a “historic structure”.
ZZ. “Variance” means a grant of relief from the requirements of this ordinance which permits construction
in a manner that would otherwise be prohibited by this ordinance.
AAA. “Violation” means the failure of a structure or other development to be constructed or implemented in
conformance with the community’s applicable floodplain development regulations.
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BBB. “Water typing” means a system for classifying water bodies according to their size and fish habitat
characteristics. The Washington Department of Natural Resources Forest Practices Water Typing
Classification System is hereby adopted by reference. The system defines four water types:
1. Type “S” – Shoreline: Streams that are designated “shorelines of the state,” including marine
shorelines.
2. Type “F” – Fish: Streams that are known to be used by fish or meet the physical criteria to be
potentially used by fish.
3. Type “Np” – Non-fish perennial streams.
4. Type “Ns” – Non-fish seasonal streams.
CCC. “Zone” means one or more areas delineated on the FIRM. The following zones may be used on the
adopted FIRM. The special flood hazard area is comprised of the A and V Zones.
1. A: SFHA where no base flood elevation is provided.
2. AE: SFHA with a base flood elevation.
3. AO: SFHA subject to inundation by shallow flooding usually resulting from sheet flow on
sloping terrain, with average depths between one and three feet. Average flood depths are shown.
4. AH: SFHA subject to inundation by shallow flooding (usually areas of ponding) with average
depths between one and three feet. Base flood elevations are shown.
5. D: Area of undetermined but possible flood hazard.
6. X: The area outside the mapped SFHA with a low risk of flooding.
7. Shaded X: An area of moderate risk of flooding from the base flood, and defined as:
a. areas of shallow (i.e., less than 1 foot) flooding;
b. 0.2% chance (or 500-year) flooding;
c. has a drainage area less than 1 sq. mile; or
d. areas protected by a levee.
Section 3. Regulatory Data
15.68.110 Area to be Regulated.
The area to be regulated is comprised of the Special Flood Hazard Area and all Protected Areas within the
Special Flood Hazard Area within the jurisdiction of the City of Auburn. The term also includes areas delineated
pursuant to Section 15.68.150.
15.68.120 Special Flood Hazard Area.
Basis for Establishing the Areas of Special Flood Hazard
A. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and
engineering report entitled “The Flood Insurance Study (FIS) for King County Washington and Incorporated
Areas” dated August 19, 2020, and any revisions thereto, with accompanying Flood Insurance Rate Maps
(FIRMs) dated August 19, 2020, and any revisions thereto, as well as the special flood hazard areas identified
by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance
Study (FIS) for Pierce County Washington and Incorporated Areas” dated March 7, 2017, and any revisions
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thereto, with accompanying Flood Insurance Rate Maps (FIRMs) dated March 7, 2017, and any revisions
thereto, are hereby adopted by reference and declared to be a part of this ordinance. The FIS and the FIRM
are on file at 1 East Main St, Auburn, WA 98001.
B. The best available information for flood hazard area identification as outlined in Section 15.68.130(D)
shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section
15.68.130(D).
C. Upon receipt of a floodplain development permit application, the floodplain administrator or designee
shall compare the elevation of the site to the base flood elevation.
D. The floodplain administrator or designee shall inform the applicant that the project may still be subject
to the flood insurance purchase requirements unless the owner receives a Letter of Map Amendment (LOMA)
from FEMA.
E. The floodplain administrator or designee shall make interpretations where needed, as to the exact
locations of the boundaries of the SFHA and the Protected Area (e.g. where there appears to be a conflict
between the mapped SFHA boundary and actual field conditions as determined by the base flood elevation and
ground elevations) as it applies to proposed development. The applicant may appeal the floodplain
administrator’s or designee’s interpretation of the location of the boundary to the Hearing Examiner for the City
of Auburn.
15.68.130 Flood Hazard Data.
A. The base flood elevation for the SFHAs incorporated in 15.68.120(A) shall be utilized.
B. The Flood Protection Elevation (FPE) shall be the base flood elevation plus one (1) foot.
C. The floodway shall be as delineated on the Flood Insurance Rate Map.
D. Where base flood elevation and floodway data have not been provided in Special Flood Hazard Areas,
the floodplain administrator or designee shall obtain, review and reasonably utilize any base flood elevation and
floodway data available from a Federal, State or other source.
15.68.140 Protected Area.
A. The Protected Area is comprised of those lands that lie within the boundaries of the floodway, the
riparian buffer zone, and the channel migration area.
B. In riverine areas, where a floodway has been designated in accordance with Sections 15.68.130(C),
15.68.130(D) or 15.68.150(E), the Protected Area is comprised of those lands that lie within the boundaries of
the riparian buffer zone, the channel migration area, and the SFHA.
C. Riparian Buffer Zone: The riparian buffer zone includes those watercourses within the SFHA and
adjacent land areas that are likely to support aquatic and riparian habitat.
1. The size and location of the riparian buffer zone is dependent on the type of water body. The
riparian buffer zone includes the water body and adjacent lands, measured perpendicularly from
ordinary high water mark on both sides of the water body:
a. Type S streams that are designated “shorelines of the State:” 250 feet
b. Type F streams (fish bearing) streams greater than 5 feet wide and marine
shorelines: 200 feet
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c. Type F streams less than 5 feet wide and lakes: 150 feet
d. Type N (nonsalmonid-bearing) perennial and seasonal streams with unstable slopes:
225 feet
e. All other Type N (nonsalmonid-bearing) perennial and seasonal streams: 150 feet.
2. The riparian buffer zone shall be delineated on the site plan by the applicant at the time of
application for subdivision approval or floodplain development permit for all development proposals
within 300 feet of any stream or shoreline.
D. Channel Migration Area:
a. The channel migration area shall be the channel migration zone as defined in Section
15.68.100(K).
b. Where more than one channel migration zone has been delineated, the floodplain
administrator or designee shall use the delineation that has been adopted for other local
regulatory purposes.
c. Where a channel migration zone has not yet been mapped, the provisions of Section
15.68.150(D) shall apply at the time of permit application.
15.68.150 New Regulatory Data.
A. All requests to revise or change the flood hazard data, including requests for a Letter of Map Revision
and a Conditional Letter of Map Revision shall be reviewed by the floodplain administrator or designee.
1. The floodplain administrator or designee shall not sign the Community Acknowledgment Form
for any requests based on filling or other development, unless the applicant for the letter documents
that such filling or development is in compliance with this ordinance.
2. The floodplain administrator or designee shall not approve a request to revise or change a
floodway delineation until FEMA has issued a Conditional Letter of Map Revision that approves the
change.
B. If an applicant disagrees with the regulatory data prescribed by this ordinance, he/she may submit a
detailed technical study needed to replace existing data with better data in accordance with FEMA mapping
guidelines or Regional Guidance for Hydrologic and Hydraulic Studies in Support of the Model Ordinance for
Floodplain Management under the National Flood Insurance Program and Endangered Species Act FEMA
Region X, 2010. If the data in question are shown on the published FIRM, the submittal must also include a
request to FEMA for a Conditional Letter of Map Revision.
C. Where base flood elevation data are not available in accordance with Section 15.68.130, applicants for
approval of new subdivisions and other proposed developments (including proposals for manufactured home
parks) greater than 50 lots or 5 acres, whichever is the lesser, shall include such data with their permit
applications.
D. Where channel migration zone data are not available in accordance with 15.68.140(D), the permit
applicant shall either:
1. Designate the entire SFHA as the channel migration zone or
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2. Identify the channel migration area in accordance with Regional Guidance for Hydrologic and
Hydraulic Studies in Support of the Model Ordinance for Floodplain Management under the National
Flood Insurance Program and Endangered Species Act FEMA Region X, 2012.
E. All new hydrologic and hydraulic flood studies conducted pursuant to Section 15.68.150 shall be in
accordance with Regional Guidance for Hydrologic and Hydraulic Studies in Support of the Model Ordinance
for Floodplain Management under the National Flood Insurance Program and the Endangered Species Act,
FEMA, Region X, 2010.
F. The floodplain administrator shall use the most restrictive data available prepared specifically for the
project site for the channel migration zone, floodways, future conditions, and riparian buffer zone.
Section 4. Administration
15.68.160 Establishment of Floodplain Development Permit
A floodplain development permit shall be obtained before construction or development begins within the
Special Flood Hazard Area (SFHA) or Protected Area. The permit shall be for all development as set forth in
15.68.170 Floodplain Development Permit Application.
Applications for a floodplain development permit shall be made using the criteria outlined in the Floodplain
Development Application Packet available for download at www.auburnwa.gov/forms. At a minimum, the
following information is required.
A. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures recorded on a current elevation certificate with Section B completed by the Floodplain Administrator.
B. Proposed elevation in relation to mean sea level to which any structure will be flood proofed;
C. Where a structure is to be flood proofed, certification by a registered professional engineer or architect
that the flood proofing methods for any nonresidential structure meet flood proofing criteria in Section 5;
D. Description of the extent to which a watercourse will be altered or relocated as a result of proposed
development;
E. Where development is proposed in a floodway, an engineering analysis indicating no rise of the Base
Flood Elevation; and
F. Any other such information that may be reasonably required by the Floodplain Administrator in order to
review the application.
15.68.180 Floodplain Development Permit Expiration.
If there has been no start of construction, a floodplain development permit shall expire 180 days after the date
of issuance. Where the applicant documents a need for an extension beyond this period due to conditions
beyond the applicant’s control, the floodplain administrator or designee may authorize one or more extensions.
15.68.190 Designation of the Floodplain Administrator.
The Director of Community Development is hereby appointed to administer, interpret, implement, and enforce
this ordinance by granting or denying floodplain development permit applications in accordance with its
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provision. The Director of Community Development may designate administration of portions or all of this
ordinance to a qualified person.
15.68.200 Duties of the Floodplain Administrator.
Duties of the floodplain administrator or designee shall include, but are not limited to:
A. Review all floodplain development permits to determine that the permit requirements of this ordinance
have been satisfied.
B. Review all floodplain development permits to determine that all necessary permits have been obtained
from those Federal, State or local government agencies from which prior approval is required, including those
local, State or Federal permits that may be required to assure compliance with the Endangered Species Act
and/or other appropriate State or Federal laws.
C. Review all floodplain development permits to determine if the proposed development is located in the
Protected Area. If located in the Protected Area, ensure that the provisions of Section 7 are met.
D. Ensure that all development activities within the Special Flood Hazard Area of the jurisdiction of the
City meet the requirements of the ordinance.
E. Inspect all development projects before, during and after construction to ensure compliance with all
provisions of this ordinance, including proper elevation of the structure.
F. Maintain for public inspection all records pertaining to the provisions of this ordinance.
G. Submit reports to include the projects for which they issue floodplain development permits, including
effects to flood storage, fish habitat, and all indirect effects of development and mitigation provided to FEMA as
required by the National Flood Insurance Program.
H. Notify FEMA of any proposed amendments to this ordinance and when annexations occur in the
Special Flood Hazard Area.
I. Ensure the proposed development is not located in the floodway. If located in the floodway, assure the
encroachment provisions of Section 15.68.410 are met
J. Cooperate with State and Federal agencies to improve flood and other technical data and notify FEMA
of any new data that would revise the FIRM.
K. Review all floodplain development permits to verify that proposed development will be reasonably safe
from flooding.
15.68.210 Notification to Other Entities
Whenever a watercourse is to be altered or relocated:
A. Notify adjacent communities and the Department of Ecology prior to such alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal Insurance Administrator through
appropriate notification means, and
B. Assure that the flood carrying capacity of the altered or relocated portion of said watercourse is
maintained.
15.68.220 Records.
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A. Where base flood elevation data have been obtained pursuant to Section 15.68.130 and 15.68.150,
the floodplain administrator or designee shall obtain, record, and maintain the actual “finished construction”
elevations provided by the applicant for the locations listed in Section 15.68.170. This information shall be
recorded on a current FEMA Elevation Certificate signed and sealed by a professional land surveyor, currently
licensed in the State of Washington.
B. For all new or substantially improved dry floodproofed nonresidential structures, where base flood
elevation data has been obtained pursuant to Section 15.68.130 and 15.68.150, the floodplain administrator or
designee shall obtain, record and maintain the elevation (in relation to the datum of the effective FIRM) to
which the structure was floodproofed. This information shall be recorded on a current FEMA Floodproofing
Certificate by a professional engineer currently licensed in the State of Washington.
C. Certification required by Section 15.68.410 (floodway encroachments).
D. Records of all variance actions, including justification for their issuance.
E. Improvement and damage calculations.
F. Maintain for public inspection all records pertaining to the provisions of this ordinance.
15.68.230 Certificate of Occupancy.
A. A final grading and/or storm permit for the property, physical completion for City of Auburn Capital
Improvement projects without a building, a certificate of occupancy (commercial building) or final building
inspection (residential structure) for a new or substantially improved structure or an addition shall not be issued
until:
1. The permit applicant provides a properly completed, signed and sealed Elevation or
Floodproofing Certificate showing finished construction data as required by Section 15.68.220;
2. If a mitigation plan is required by Sections 15.68.440 and 15.68.450, all work identified in the
plan has been completed according to the plan’s schedule;
3. The applicant provides copies of all required Federal, State, and local permits noted in the
permit application per Section 15.68.170;
4. All other provisions of this ordinance and conditions placed on the floodplain development
permit approval letter have been met.
15.68.240 Appeals.
A. The Hearing Examiner, as established by Chapter 2.46 of the Auburn City Code, shall hear and decide
appeals and requests for variances from the requirements of this ordinance.
B. The Hearing Examiner shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination made by the floodplain administrator or designee in the enforcement or
administration of this ordinance.
C. Those aggrieved by the decision of the Hearing Examiner may appeal the decision to the superior
court of the county in which the project is located pursuant to Section 2.46.160 of the Auburn City Code.
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D. Upon consideration of the factors of Section 15.68.250 and the purposes of this ordinance, the
Hearing Examiner may attach such conditions to the granting of the variance as he/she deems necessary to
further the purposes of this ordinance.
E. The floodplain administrator or designee shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request.
15.68.250 Variance Criteria.
A. In addition to the Criteria outlined in ACC 18.70.025, in reviewing applications for a variance, the
Hearing Examiner shall consider all technical evaluations, all relevant factors, standards specified in other
sections of this ordinance; and:
1. The relationship of the proposed use to the comprehensive plan, growth management
regulations, critical area regulations, the shoreline management program and floodplain management
program for the area;
2. The potential of the proposed development project to destroy or adversely affect a fish and
wildlife habitat conservation area or create an adverse effect to federal, state or locally protected
species or habitat;
3. Is the minimum necessary to grant relief; and,
B. In addition to the Criteria outlined in ACC 18.70.025, no variance shall be granted to the requirements
of this ordinance unless the applicant demonstrates that:
1. The project will not adversely affect features or quality of habitat supporting local, state or
federally protected fish or wildlife;
C. Variances may be requested for new construction, substantial improvements, and other development
upon showing of good and sufficient cause and is minimum necessary, considering flood hazard, to afford relief
provided:
D. Variances shall only be issued:
1. Upon a determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing local laws or ordinances;
2. For the repair, rehabilitation, or restoration of historic structures upon a determination that the
proposed repair or rehabilitation will not preclude the structure’s continued designation as a
historic structure and the variance is the minimum necessary to preserve the historic character
and design of the structure;
3. Upon a determination that failure to grant the variance would result in exceptional hardship to
the applicant;
4. Upon a showing that the use cannot perform its intended purpose unless it is located or
carried out in close proximity to water. This includes only facilities defined in Section 2 of this
ordinance in the definition of “Functionally Dependent Use.”
E. Variances shall not be issued within any floodway if any increase in flood levels during the base flood
discharge would result.
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F. Generally, variances may be issued for new construction and substantial improvements to be erected
on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the BFE, provided the procedures of Sections 4 and 5 of this ordinance have been fully
considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the
variance increases.
G. In considering variance applications, the City of Auburn shall consider all technical evaluations, all
relevant factors, all standards specified in other sections of this ordinance, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use, which are not subject to flooding
or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
9. The safety of access to the property in time of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site;
11. The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, water system,
and streets and bridges;
H. Any applicant to whom a variance is granted shall be given written notice over the signature of a
community official that:
1. The issuance of a variance to construct a structure below the Base Flood Elevation will result
in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage, and
2. Such construction below the base flood elevation increases risks to life and property.
I. The Floodplain Administrator shall maintain a record of all variance actions, including justification for
their issuance.
Section 5. General Development Standards
The provisions of Section 5 shall apply in the Special Flood Hazard Area:
15.68.260 Development and Subdivision Proposals.
This section applies to all development proposals including commercial development, subdivisions, short
subdivisions, preliminary subdivisions, binding site plans, and expansions to manufactured home parks as
defined in Chapter 17.04 ACC.
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A. All development proposals shall be consistent with the need to minimize flood damage.
B. All development proposals shall have utilities and facilities, such as sewer, gas, electrical, and water
systems located and constructed to prevent flood damage.
C. All development proposals shall have adequate drainage provided to avoid exposure to water damage.
D. The proposed subdivision must have one or more new lots in the Special Flood Hazard Area set aside
for open space use through deed restriction, easement, subdivision covenant, or donation to a public agency.
1. In the Special Flood Hazard Area outside the Protected Area, zoning must maintain a low
density of floodplain development.
2. In the Special Flood Hazard Area outside the protected area in which the current zoning is
less than 5 acres must maintain current zoning.
3. The density of development in the portion of the development outside the Special Flood
Hazard Area may be increased to compensate for the amount of land in the Special Flood Hazard
Area preserved as open space in accordance with Chapter 17.25 ACC.
E. If a parcel has a buildable site outside the Special Flood Hazard Area, it shall not be subdivided to
create a new lot that does not have a buildable site outside of the Special Flood Hazard Area. This provision
does not apply to tracts that are to be preserved as open space.
F. All development proposals shall ensure that all subdivisions have at least one access road connected
to land outside the Special Flood Hazard Area with the surface of the road at or above the FPE wherever
possible. Additional access roads may be required based on the number of proposed lots per the current City
of Auburn Engineering Design Standards.
G. The final recorded plat shall include a notice that part of the property is in the SFHA, riparian buffer
zone and/or channel migration area, as appropriate.
H. BFE generation for all development proposals greater than 50 lots or 5 acres, whichever is the lesser.
15.68.270 Site Design.
A. Structures and other development shall be located to avoid flood damage or that adequately mitigates
any identified impacts.
1. If a lot has a buildable site out of the Special Flood Hazard Area, all new structures shall be
located in that area, when possible.
2. If a lot does not have a buildable site out of the Special Flood Hazard Area, all new structures,
pavement, and other development must be sited in the location that has the least impact on habitat by
locating the development as far from the water body as possible or by placing the structure on the
highest portion of the lot.
3. A minimum setback of 15 feet from the Protected Area shall be required for all structures.
4. If the proposed project does not meet the criteria of Section 15.68.270(A) through (B), a
habitat impact assessment shall be conducted pursuant to Section 15.68.440 and, if necessary, a
habitat mitigation plan shall be prepared and implemented pursuant to Section 15.68.450.
B. All new development shall be designed and located to minimize the impact on flood flows, flood
storage, water quality and habitat.
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1. Stormwater and drainage features shall incorporate low impact development techniques, if
technically feasible, that mimic pre-development hydrologic conditions, such as stormwater infiltration,
rain gardens, grass swales, filter strips, disconnected hard surface areas, permeable pavement,
vegetative roof systems, etc. per the City’s current SWMM per Chapter 12.04 ACC.
2. If the proposed project will create new hard surfaces so that more than 10 percent of the
portion of the lot in the Special Flood Hazard Area is covered by hard surface, the applicant shall
demonstrate that there will be no net increase in the rate and volume of the stormwater surface runoff
per the maximum extent feasible and as required per the City’s current SWMM per ACC 13.48 that
leaves the site or that the adverse impact is mitigated, as provided in Sections 15.68.440 and
15.68.450.
C. The site plan required in Section 15.68.170 shall account for surface drainage to ensure that:
1. Existing and new buildings on the site will be protected from stormwater runoff; and
2. The project will not divert or increase surface water runoff onto neighboring properties.
15.68.280 Hazardous Materials.
A. No new development shall create a threat to public health, public safety or water quality. Chemicals,
explosives, gasoline, propane, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or
other materials that are hazardous, toxic, or a threat to water quality are prohibited from the Special Flood
Hazard Area. This prohibition does not apply to small quantities of these materials kept for normal household
use. This prohibition does not apply to the continued operations of existing facilities and structure, reuse of
existing facilities and structures, or functionally dependent facilities or structures.
B. If the proposed project cannot meet Section 15.68.280(A) of this ordinance, then a habitat impact
assessment must be conducted in accordance with Sections 15.68.440 and 15.68.450.
15.68.290 Critical Facilities.
A. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the
Special Flood Hazard Area.
B. Construction of new critical facilities in the Special Flood Hazard Area shall be permissible if no
feasible alternative site is available, provided;
1. Critical facilities shall have the lowest floor elevated three feet above the base flood elevation
or to the height of the 500-year flood, whichever is higher. If there is no available data on the 500-year
flood, the permit applicants shall develop the needed data in accordance with FEMA mapping
guidelines.
2. Access to and from the critical facility shall be protected to the elevation of the 500-year
floodplain. Access routes elevated to or above the level of the base flood elevation shall be provided to
all critical facilities to the extent possible.
Section 6. Standards for Protection of Structures
15.68.300 Applicability.
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The protection requirements in this section apply to all new structures and substantial improvements, which
include:
A. Construction or placement of a new structure.
B. Reconstruction, rehabilitation, or other improvement that will result in a substantially improved building.
C. Repairs to an existing building that has been substantially damaged regardless of the actual repair
work that is done .
D. Placing a manufactured home on a site.
E. Placing an occupied recreational vehicle or travel trailer on a site for more than 180 days.
15.68.310 Flood Protection Standards.
A. All new structures and substantial improvements shall have the lowest floor, including basement,
elevated to or above the FPE.
B. New construction and substantial improvement of any residential structure in an Unnumbered A zone
for which a BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding, but
in all cases the lowest floor shall be at least two feet above the Highest Adjacent Grade.
C. The structure shall be aligned parallel with the direction of flood flows where practicable.
D. The structure shall be anchored to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy.
E. All manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and
shall be installed using methods and practices that minimize flood damage. Anchoring methods may include,
but are not limited to, use of over-the-top or frame ties to ground anchors.
F. All materials below the FPE shall be resistant to flood damage and firmly anchored to prevent flotation.
Materials harmful to aquatic wildlife, such as creosote, are prohibited below the FPE.
G. All new construction and substantial improvements shall be constructed using methods and practices
that minimize flood damage
H. Electrical, heating, ventilation, duct work, plumbing, and air-conditioning equipment and other service
facilities shall be elevated to or above the FPE. Water, sewage, electrical, and other utility lines (excluding
storm drainage facilities) below the FPE shall be constructed so as to minimize water from entering or
accumulating within them during conditioning of flooding.
I. Fully enclosed areas below the lowest floor that are subject to flooding shall be used only for parking,
limited storage, or building access and shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either
be certified by a registered professional engineer or licensed architect in the State of Washington and/or meet
or exceed the following minimum criteria:
1. A minimum of two openings having a total net area not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided.
2. The bottom of all openings shall be no higher than one foot above grade.
3. Openings may be equipped with screens, louvers, or other coverings or devices provided that
they permit the automatic entry and exit of floodwaters.
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4. A garage attached to a residential structure, constructed with the garage floor slab below the
BFE, must be designed to allow for the automatic entry and exit of flood waters.
15.68.320 Nonresidential Construction.
New construction and substantial improvement of any commercial, industrial, or other nonresidential structure
shall meet the requirements of subsection A or B below:
A. New construction and substantial improvement of any commercial, industrial or other nonresidential
structure shall meet all of the following requirements:
1. New construction and substantial improvement of any commercial, industrial, or other
nonresidential structure shall have the lowest floor, including basement, elevated one foot or more
above the BFE, or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and
utilities shall be waterproofed or elevated least one foot above the BFE, or as required by ASCE 24,
whichever is greater.
2. If located in an Unnumbered A zone for which a BFE is not available and cannot be
reasonably obtained, the structure shall be reasonably safe from flooding, but in all cases the lowest
floor shall be at least two feet above the Highest Adjacent Grade.
3. If buildings are constructed or substantially improved with fully enclosed areas below the
lowest floor, that are subject to flooding, the areas shall be used only for parking, limited storage, or
building access, and shall be designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect or must meet or exceed the following
minimum criteria:
a. Have a minimum of two openings with a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwater.
4. Alternatively, a registered engineer or architect may design and certify engineered openings.
B. If the requirements of Section 15.68.320(A) are not met, then new construction and substantial
improvement of any commercial, industrial or other nonresidential structure shall meet all of the following
requirements:
1. Together with attendant utility and sanitary facilities, be dry floodproofed so that below one
foot or more above the base flood level the structure is watertight with walls substantially impermeable
to the passage of water or dry floodproofed to the elevation required by ASCE 24, whichever is
greater;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy;
3. Be certified by a registered professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for meeting provisions of this
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subsection based on their development and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the official as set forth in Section 15.68.220(B);
15.68.330 Manufactured Homes.
All manufactured homes to be placed or substantially improved on sites shall be:
A. Elevated on a permanent foundation in accordance with Section 15.68.310(A) and
B. Securely anchored to an adequately anchored foundation system to resist flotation, collapse and
lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame
ties to ground anchors. This requirement is in addition to other applicable anchoring requirements for resisting
wind forces.
C. If manufactured homes are constructed or substantially improved with fully enclosed areas below
the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage.
15.68.340 Recreational Vehicles.
Recreational vehicles placed on sites shall:
A. Be on the site for fewer than 180 consecutive days, or
B. Be fully licensed and ready for highway use, on their wheels or jacking system, attached to the site
only by quick disconnect type utilities and security devices, and have no permanently attached addition; or
C. Meet the requirements of Section 15.68.340 and the anchoring requirements for manufactured homes
in Section 15.68.330.
15.68.350 Appurtenant Structures.
A structure which is on the same parcel of property as the principle structure and the use of which is incidental
to the use of the principle structure and is not used for human habitation may be exempt from the elevation
requirements of Section 15.68.310(A), provided:
A. It is used only for parking or storage;
B. It is constructed and placed on the building site so as to offer minimum resistance to the flow of
floodwaters;
C. It is anchored to prevent flotation which may result in damage to other structures;
D. All portions of the structure below the FPE must be constructed of flood-resistant materials;
E. Service utilities such as electrical and heating equipment meet the standards of Section 15.68.310(F)
and Section 15.68.360;
F. It has openings to allow free flowage of water that meet the criteria in Section 15.68.310(I);
G. The project meets all the other requirements of this ordinance, including Section 7 and 15.68.410.
15.68.360 Utilities.
A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of
flood waters into the system;
B. New water wells shall be located outside the floodway and shall be protected to the FPE;
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C. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration
of flood waters into the systems and discharges from the systems into the floodwaters;
D. Onsite waste disposal systems shall be located to avoid impairment to them or contamination from
them during flooding. A habitat impact assessment shall be conducted in accordance with Section 15.68.440 as
a condition of approval of an onsite waste disposal system to be located in the Special Flood Hazard Area.
Section 7. Standards for Habitat Protection
The provisions of this Section shall apply in the Special Flood Hazard Area and channel migration zone.
15.68.370 Non-Development Activities.
Activities that do not meet the definition of “development” are allowed in the Special Flood Hazard Area and
Protected Area without the need for a floodplain development permit under this ordinance, provided all other
Federal, State and local requirements are met. The following are examples of activities not considered
development or “unnatural changes to improved or unimproved real estate”.
A. Routine maintenance of landscaping that does not involve grading, excavation or filling;
B. Removal of noxious weeds and hazard trees and replacement of non-native vegetation with native
vegetation;
C. Normal maintenance of structures, such as re-roofing and replacing siding, provided such work does
not qualify as a substantial improvement;
D. Normal maintenance of above ground utilities and facilities, such as replacing downed power lines and
utility poles;
E. Underground and above ground utility work located in previously disturbed areas, with no significant
vegetation impacts, and will have no appreciable change in grade;
F. Normal maintenance and preservation of public streets and private streets or parking lots (with
approval of Floodplain Administrator) , including, but not limited to filling potholes, patching, crack seal, chip
seal, repaving and installing signs and traffic signs, traffic control devices, striping/channelization, pavement
markings, repair/replacement of sidewalk/curb and gutter, ADA improvements, non-motorized improvements,
repair of guardrails, repair of retaining walls, management of hazardous trees, fencing repair, lighting repair, but
not including expansion of paved areas;
G. Public street improvements with no significant vegetation impacts, and no appreciable change in
grade;
H. Normal maintenance of a levee or other flood control facility prescribed in the operations and
maintenance plan for the levee or flood control facility are allowed in the Special Flood Hazard Area without the
need for a floodplain development permit. Normal maintenance does not include repair from flood damage,
expansion of the prism, expansion of the face or the toe or addition for protection on the face or toe with rock
armor; and
I. Plowing and other normal flood protection practices (other than structures or filling) on farms in the
Special Flood Hazard Area and in existence as of the effective date of this ordinance do not require a floodplain
development permit. Clearing additional land for agriculture after the date of this ordinance will require a
floodplain development permit and a Habitat Assessment.
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15.68.380 Activities Allowed with a Floodplain Development Permit.
The following activities are allowed in the Special Flood Hazard Area without the analysis required in Section
15.68.410 or the habitat impact assessment required under Section 15.68.440, provided that all other
requirements of this ordinance are met, including obtaining a floodplain development permit:
A. Repairs or remodeling of an existing structure, provided that the repairs or remodeling are not a
substantial improvement or a repair of substantial damage.
B. Expansion or reconstruction of an existing structure that is no greater than ten percent beyond its
existing footprint, provided that the repairs or remodeling are not a substantial improvement or repair of
substantial damage. If the structure is in the floodway, there shall be no change in the structure’s dimensions
perpendicular to flow and a no rise analysis and certification must be provided, even if he change in dimensions
is parallel to flow.
C. Activities with the sole purpose of creating, restoring or enhancing natural functions associated with
floodplains, streams, lakes, estuaries, marine areas, habitat and riparian areas that meet Federal and State
standards, provided the activities do not include structures, grading, fill, or hard surfaces.
D. Development of open space and recreational facilities such as parks, trails and hunting grounds, that
do not include structures, fill, hard surfaces or removal of more than five percent of the native vegetation on
that portion of the property in the Special Flood Hazard Area.
E. Repairs to onsite Septic Systems provided the ground disturbance is the minimum necessary and best
management practices (BMP’s) to prevent stormwater runoff and soil erosion are used.
15.68.390 Other Activities.
All other activities listed in Sections 15.68.370 or 15.68.380 that are allowed by Title 18 (Zoning) of the Auburn
City Code are allowed, provided they meet all the other requirements of this ordinance, including the analysis
required under Section 15.68.420, 15.68.430, and the habitat impact assessment required under Section
15.68.440, and a floodplain development permit is issued.
15.68.400 Native Vegetation.
The site plan required in the Floodplain Development Application Packet shall show existing native vegetation.
A. Within the riparian buffer zone, native vegetation shall be left undisturbed, except as provided in
Sections 15.68.370 and 15.68.380(C).
B. Outside the riparian buffer zone, removal of native vegetation shall not exceed 35 percent of the
surface area of the portion of the site in the Special Flood Hazard Area. Native vegetation in the riparian buffer
zone portion of the property can be counted toward this requirement.
C. If the proposed project does not meet the criteria of Sections 15.68.400(A) and (B), a habitat impact
assessment shall be conducted pursuant to Section 15.68.440 and, if necessary, a habitat mitigation plan shall
be prepared and implemented pursuant to Section 15.68.450.
15.68.410 Floodway Standards.
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A. In addition to the other requirements of this ordinance, a project to develop in the floodway as
delineated pursuant to Sections 15.68.130(C), 15.68.130(D) or 15.68.150(E) shall meet the following criteria:
1. The applicant shall provide a certification by a registered professional engineer licensed in the
State of Washington demonstrating through hydrologic and hydraulic analyses performed in
accordance with standard engineering practices that the proposed development would not result in any
increase in flood levels during the occurrence of the base flood discharge.
2. Construction or reconstruction of residential structures is prohibited within designated
floodways, except for the following. The following exceptions must still meet all other requirements in
the ordinance, including Section 15.68.410(A)(1).
a. Repairs, reconstruction, or improvements to a residential structure that do not
increase the ground floor area, providing the cost of which does not exceed 50 percent of the
market value of the structure either, (1) before the repair, or reconstruction is started, or (2) if
the structure has been damaged, and is being restored, before the damage occurred. Any
project for improvement of a structure to correct existing violations of State or local health,
sanitary, or safety code specifications that have been identified by a local code enforcement
official, and which are the minimum necessary to assure safe living conditions, or to an
historic structure, may be excluded from the 50 percent calculation;
b. Repairs, reconstruction, replacement, or improvements to existing farmhouse
structures located in designated floodways and that are located on lands designated as
agricultural lands of long-term commercial significance under RCW 36.70A.170 may be
permitted subject to the following:
i. The new farmhouse is a replacement for an existing farmhouse on the same
farm site;
ii. There is no potential building site for a replacement farmhouse on the same
farm outside the designated floodway;
iii. Repairs, reconstruction, or improvements to a farmhouse shall not increase
the total square footage of encroachment of the existing farmhouse;
iv. A replacement farmhouse shall not exceed the total square footage of
encroachment of the farmhouse it is replacing;
v. A farmhouse being replaced shall be removed, in its entirety, including
foundation, from the floodway within ninety days after occupancy of a new farmhouse;
vi. For substantial improvements and replacement farmhouses, the elevation of
the lowest floor of the improvement and farmhouse respectively, including basement,
is a minimum of one foot higher than the BFE;
vii. New and replacement water supply systems are designed to eliminate or
minimize infiltration of floodwaters into the system;
viii. New and replacement sanitary sewerage systems are designed and located
to eliminate or minimize infiltration of floodwater into the system and discharge from
the system into the floodwaters; and
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ix. All other utilities and connections to public utilities are designed, constructed,
and located to eliminate or minimize flood damage.
c. For all substantially damaged residential structures, other than farmhouses, located
in a designated floodway, the Floodplain Administrator may make a written request that the
Department of Ecology assess the risk of harm to life and property posed by the specific
conditions of the floodway. Based on analysis of depth, velocity, flood-related erosion,
channel migration, debris load potential, and flood warning capability, the Department of
Ecology may exercise best professional judgment in recommending to the local permitting
authority repair, replacement, or relocation of a substantially damaged structure consistent
with WAC 173-158-076. The property owner shall be responsible for submitting to the local
government and the Department of Ecology any information necessary to complete the
assessment. Without a favorable recommendation from the department for the repair or
replacement of a substantially damaged residential structure located in the regulatory
floodway, no repair or replacement is allowed per WAC 173-158-070(1).
d. Before the repair, replacement, or reconstruction is started, all requirements of the
NFIP, the state requirements adopted pursuant to 86.16 RCW, and all applicable local
regulations must be satisfied. In addition, the following conditions must be met:
i. There is no potential safe building location for the replacement residential
structure on the same property outside the regulatory floodway.
ii. A replacement residential structure is a residential structure built as a
substitute for a legally existing residential structure of equivalent use and size.
iii. Repairs, reconstruction, or replacement of a residential structure shall not
increase the total square footage of floodway encroachment.
iv. The elevation of the lowest floor of the substantially damaged or replacement
residential structure is a minimum of one foot higher than the BFE.
v. New and replacement water supply systems are designed to eliminate or
minimize infiltration of floodwater into the system.
vi. New and replacement sanitary sewerage systems are designed and located
to eliminate or minimize infiltration of floodwater into the system and discharge from
the system into the floodwaters.
vii. All other utilities and connections to public utilities are designed, constructed,
and located to eliminate or minimize flood damage.
e. Repairs, reconstruction, or improvements to residential structures identified as
historic structures that do not increase the building’s dimensions.
B. In riverine Special Flood Hazard Areas where a floodway has not been delineated pursuant to
Sections 15.68.130(C), 15.68.130(D) or 15.68.150(E), the applicant for a project to develop in the SFHA shall
provide a certification by a registered professional engineer in the State of Washington demonstrating through
hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the
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29
proposed development and all other past or future similar developments would not cumulatively result in an
increase of flood levels during the occurrence of the base flood discharge by more than one-half foot.
15.68.420 Standards for Shallow Flooding Areas (AO Zones)
Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these
zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of
flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as
sheet flow. In addition to other provisions in this code, the following additional provisions also apply in AO
zones.
A. New construction and substantial improvements of residential structures and manufactured homes
within AO zones shall have the lowest floor (including basement and mechanical equipment) elevated above
the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the
community’s FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is
specified).
B. New construction and substantial improvements of nonresidential structures within AO zones shall
either:
1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the
building site, one foot or more above the depth number specified on the FIRM (at least two feet if no
depth number is specified); or
2. Together with attendant utility and sanitary facilities, be completely flood proofed to or above
that level so that any space below that level is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a
registered professional engineer, or architect as in Section 15.68.310(I).
C. Require adequate drainage paths around structures on slopes to guide floodwaters around and away
from proposed structures.
D. Recreational vehicles placed on sites within AO zones on the community’s FIRM either:
1. Be on the site for fewer than 180 consecutive days, or
2. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices, and has no permanently attached
additions; or
3. Meet the requirements of subsections (1) and (3) above and the anchoring requirements for
manufactured homes (Section 15.68.330(B)).
15.68.430 Compensatory Storage.
New development shall not reduce the effective flood storage volume of the Special Flood Hazard Area. A
development proposal shall provide compensatory storage if grading or other activity eliminates any effective
flood storage volume. Compensatory storage shall:
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A. Provide equivalent volumes at equivalent elevations to that being displaced. For this purpose,
“equivalent elevation” means having similar relationship to ordinary high water mark and to the best available
10-year, 50-year and 100-year water surface profiles.
B. Be hydraulically connected to the source of flooding.
C. Provide compensatory storage in the same construction season as when the displacement of flood
storage volume occurs and before the flood season begins.
D. The newly created storage area shall be graded and vegetated to allow fish access during flood events
without creating fish stranding sites.
15.68.440 Habitat Impact Assessment.
Unless allowed under Sections 15.68.370 and 15.68.380, a permit application to develop in the Special Flood
Hazard Area shall include an assessment of the impact of the project on federal, state or locally protected
species and habitat, water quality and aquatic and riparian habitat. The assessment shall be:
A. A Biological Evaluation or Biological Assessment developed per 50 C.F.R., Subsection 402.12 to
initiate Federal Interagency consultation under Endangered Species Act Section 7.a.2; or,
B. Documentation that the activity fits within Section 4.d of the Endangered Species Act; or,
C. Documentation that the activity fits within a Habitat Conservation Plan approved pursuant to Section
10 of the Endangered Species Act, where any such assessment has been prepared or is otherwise made
available; or
D. An assessment prepared in accordance with Regional Guidance for Floodplain Habitat Assessment
and Mitigation, FEMA Region X, 2013. The assessment shall determine if the project would adversely affect:
1. Species that are Federal, state or local listed as threatened or endangered.
2. The primary constituent elements for critical habitat when delineated, including but not limited
to water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain
refugia for listed salmonids.
3. Essential Fish Habitat designated by the National Marine Fisheries Service.
4. Fish and wildlife habitat conservation areas.
5. Other protected areas and elements necessary for species conservation.
15.68.450 Habitat Mitigation Plan.
A. If the assessment conducted under Section 15.68.440 concludes the project is expected to have an
adverse effect on water quality and/or aquatic or riparian habitat or habitat function, the applicant shall provide
a plan to mitigate those impacts, in accordance with Regional Guidance for Floodplain Habitat Assessment and
Mitigation, FEMA Region X, 2013.
1. If the USFWS or NMFS issues an Incidental Take Permit under Section 10 of the Endangered
Species Act or a Biological Opinion under Section 7 of the Endangered Species Act; then it can be
considered to quality as a plan to mitigate those impacts.
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2. If the project is located in the Protected Area, the mitigation plan shall stipulate avoidance
measures as are needed to ensure that there is no adverse effect during any phase of the project. No
compensatory mitigation is allowed in the Protected Area.
3. If the project is located outside the Protected Area, the mitigation plan shall include such
avoidance, minimization, restoration, or compensation measures so that indirect adverse effects of
development are mitigated such that equivalent or better habitat protection is provided for the following
functions:
a. Stormwater: Reduce flood volumes and stormwater runoff from new development by
ensuring that increased volumes of stormwater reach the river at the same frequency, timing
and duration as historical runoff. Low Impact Development (LID) is required to be incorporated
as described in Section 15.68.270(B).
b. Riparian Vegetation: Maintain or replace riparian function by providing equivalent
area, diversity, and function of riparian vegetation as currently exists on the site. Riparian
retention requirements are outlined in ACC 15.68.400.
c. Hyporheic Zones: No activity is allowed that interferes with the natural exchange of
flow between surface water, groundwater and hyporheic zone, however, natural hyporheic
exchange may be enhanced or restored.
d. Wetlands: Wetland function must be maintained or replaced by providing equivalent
function.
e. Large Woody Debris: Any large woody debris (LWD) removed from the floodplain
must be replaced in kind, replicating or improving the quantity, size, and species of the
existing LWD per Washington Department of Fish and Wildlife Aquatic Habitat Guidelines.
4. No new stream crossings are allowed outside the Protected Area unless approval has been
obtained as stated in Section 15.68.460(A).
B. The plan’s habitat mitigation activities shall be incorporated into the proposed project. The floodplain
development permit shall be based on the redesigned project and its mitigation components.
C. As required in Section 15.68.230, the floodplain administrator or designee shall not issue a certificate
of occupancy or final permits until all work identified in the Habitat Assessment and mitigation plan has been
completed or the applicant has provided the necessary assurance that unfinished portions of the project will be
completed, in accordance with Section 15.68.230(A).
D. Third-Party Review. For the habitat impact assessment required in Subsection 15.68.440 or the habitat
mitigation plan required in this section, the city may require third-party review when the professional opinions of
the applicant’s representative and the city’s reviewers cannot be reconciled. Third-party review requires the
applicant’s habitat impact assessment, habitat mitigation plan, and/or additional technical studies to be
reviewed by an independent third party, paid for by the applicant but hired by the city. Third-party review shall
be conducted by a qualified consultant as defined in the Floodplain Habitat Assessment and Mitigation
Regional Guidance, FEMA Region X, 2013.
15.68.460 Alteration of Watercourses and SFHA Boundaries.
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A. In addition to the other requirements in Chapter 15.68, if a project will alter or relocate boundaries of
the SFHA, then the applicant shall also submit a request for a Conditional Letter of Map Revision (CLOMR),
where required by FEMA with engineering documentation and analysis regarding the proposed change. The
project will not be approved unless FEMA issues the CLOMR (which requires Endangered Species Act
consultation) and the provisions of the letter are made part of the permit requirements. If the change to the BFE
or boundaries of the SFHA would normally require a Letter of Map Change, then the project proponent shall
initiate, and receive approval of, a Conditional Letter of Map Revision (CLOMR) prior to approval of the
development permit. The project shall be constructed in a manner consistent with the approved CLOMR.
B. If a CLOMR application is made, then the project proponent shall also supply the full CLOMR
documentation package to the Floodplain Administrator to be attached to the floodplain development permit,
including all required property owner notifications.
C. The floodplain administrator or designee shall notify adjacent communities and the Washington
Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administrator;
D. Assure that the flood-carrying capacity of the altered or relocated portion of the watercourse is
maintained. If the maintenance program does not call for cutting of native vegetation, the system shall be
oversized at the time of construction to compensate for said vegetation growth or any other natural factor that
may need future maintenance.
Page 105 of 159
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5516 (Gaub)
Date:
May 19, 2020
Department:
Public Works
Attachments:
Res olution No. 5516
Exhibit A
Vicinity Map (CP2006)
Vicinity Map (CP2007)
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5516.
Background Summary:
Resolution No. 5516 authorizes the Mayor to accept federal grants to be administered
through the Washington State Department of Transportation (WSDOT).
The City applied for and was awarded the following federal grants:
$673,540.00 to finance the design, environmental permitting, and construction phases
of the 3rd Street SW Bridge Deck Preservation project. This project will repair and seal
bridge decks over A Street SW, BNSF/Sound Transit Tracks, and C Street SW. There
is no local funding match requirement.
$647,850.00 to finance the design, environmental permitting, and construction phases
of the Lea Hill Rd Bridge Deck Preservation project. This project will repair and
resurface the Lea Hill bridge over the Green River. There is no local funding match
requirement.
The Local Agency Agreement template used for each grant is attached for reference as
Exhibit A.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:June 1, 2020 Item Number:RES.A
Page 106 of 159
--------------------------------
Resolution No. 5516
June 1, 2020
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5516
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ACCEPT AND EXPEND FEDERAL GRANT FUNDS TO BE
ADMINISTERED THROUGH THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
WHEREAS, the City desires to improve safety, capacity, and efficiency of the City’s
street network throughout Auburn; and
WHEREAS, it is in the best interest of the City to use grant monies to finance capital
improvements to the transportation system; and
WHEREAS, the need for the 3rd Street SW Bridge Decks Preservation and Lea Hill Rd
Bridge Deck Preservation projects are recognized in Auburn’s adopted Transportation
Improvement Program; and
WHEREAS, completing this project will improve safety, capacity, and efficiency of the
City’s street network; and
WHEREAS, the City applied for and was awarded the following federal grants to be
administered by the Washington State Department of Transportation (WSDOT) with required
local funding match percentage as indicated:
• $523,540.00 to finance the design, environmental permitting, and construction phases
of the 3rd Street SW Bridge Deck Preservation Project (13.5% local funding match
required for the Construction Phase)
• $547,850.00 to finance the design, environmental permitting, and construction phases
of the Lea Hill Rd Bridge Deck Preservation Project (13.5% local funding match
required for the Construction Phase);
WHEREAS, funding has been made available in the approved City budget to meet the
local funding match requirements for the grant; and
Page 107 of 159
--------------------------------
Resolution No. 5516
June 1, 2020
Page 2 of 2 Rev. 2018
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to accept the WSDOT grant funds for the 3rd
Street SW and Lea Hill Road Deck Preservation projects, to expend both the grant and
matching funds, and to negotiate and execute Local Agency Agreements between the City
and the Washington State Department of Transportation for the design phase for each of the
above-identified projects.
Section 2. The Mayor is authorized to negotiate and execute supplemental
agreements consistent with project and grant requirements as may be necessary for all future
phases for each of the projects, up to the total amount of the grants and associated budget.
Section 3. The Mayor is authorized to implement those administrative procedures
necessary to carry out the directives of this legislation.
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2020.
CITY OF AUBURN
__________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 108 of 159
DOT Form 140-039 Page 1
Revised 05/2020
Local Agency Agreement
Agency CFDA No. 20.205
(Catalog or Federal Domestic Assistance)
Address Project No.
Agreement No.
For OSC WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code
Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 – certifying that the local agency is not
excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the
Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal
Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount
shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration.
All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name Length
Termini
Description of Work
Project Agreement End Date Claiming Indirect Cost Rate
Yes NoProposed Advertisement Date
Type of Work
Estimate of Funding(1)
Estimated Total
Project Funds
(2)
Estimated Agency
Funds
(3)
Estimated Federal
FundsPE
%a. Agency
b. OtherFederal Aid
Participation
Ratio for PE
c. Other
d. State
e. Total PE Cost Estimate (a+b+c+d)Right of Way
%f. Agency
g. OtherFederal Aid
Participation
Ratio for RW
h. Other
i. State
j. Total R/W Cost Estimate (f+g+h+i)Construction
%k. Contract
l. Other
m. OtherFederal Aid
Participation
Ratio for CN
n. Other
o. Agency
p. State
q. Total CN Cost Estimate (k+l+m+n+o+p)
r. Total Project Cost Estimate (e+j+q)
Agency Official Washington State Department of Transportation
By By
Title Director, Local Programs
Date Executed
Page 109 of 159
DOT Form 140-039 Page 2
Revised 05/2020
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
Method B - Withhold from gas tax the Agency’s share of total construction coast (line 5, column 2) in the amount of
$ at $ per month for months.
Local Force or Local Ad and Award
Method C - Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and
as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions
set forth below. Adopted by official action on
, , Resolution/Ordinance No.
Provisions
I. Scope of Work
The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set
forth in detail in the “Project Description” and “Type of Work.”
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the
services described and indicated in “Type of Work” on the face of this agreement, in accordance with plans and specifications as
proposed by the Agency and approved by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform
the work subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees
that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents
required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the
State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and
awards the project, the State shall review the work to ensure conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the
Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On
Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance
with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries
and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by
employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance
with local government accounting procedures prescribed by the Washington State Auditor’s Office, the U.S. Department of
Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and
Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than
three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or
Federal Government upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing
by the State for each classification. The classifications of work for projects are:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show
continuous progress may result the Agency’s project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of
federal aid funds and/or agreement closure.
If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to
the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year
following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal
funds paid to the Agency under the terms of this agreement (see Section IX). Page 110 of 159
DOT Form 140-039 Page 3
Revised 05/2020
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency
and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part
200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as
a promise by the State as to the amount or nature of federal participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the
Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation
unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin
Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to
this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see
Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A – The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the
amount of the Agency’s share of the total construction cost based on the contract award. The State will notify the Agency of the exact
amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings
from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation
share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will
present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by
either a payment from the Agency to the State or by a refund from the State to the Agency.
Method B – The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its
monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact
amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award.
Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its
participating portion of such billings.
Method C – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once
per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable
to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be
eligible for Federal participation unless claimed under a previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this
agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the
Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the
State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible
federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal
Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing
standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual
M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and
FHWA; and 2 CFR Part 200.501 - Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall
reimburse the State for the amount of such overpayment or excess participation (see Section IX).
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all
applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources
during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2
CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted
promptly to the State.
Page 111 of 159
DOT Form 140-039 Page 4
Revised 05/2020
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force
work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after
the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless
otherwise directed by the Director, Local Programs.
Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior
to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they
become ineligible for federal reimbursement.
X. Traffic Control, Signing, Marking, and Roadway Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project
without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,
signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency
will, at its own expense, maintain the improvement covered by this agreement.
XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense
all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the
Agency’s execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract
connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED,
nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-
assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements. The WSDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT,
is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification
thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee,
the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local
Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government
which does not participate in work on or under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with
a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction
contracts pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the
Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the
following actions:
(a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency; and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
Page 112 of 159
DOT Form 140-039 Page 5
Revised 05/2020
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to
the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within
the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in
accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in
part, whenever:
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of
the State with respect to the preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of
persons or agencies other than the contractor.
(4) The Secretary is notified by the Federal Highway Administration that the project is inactive.
(5) The Secretary determines that such termination is in the best interests of the State.
XV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency
has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the
Superior Court for Thurston County.
XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which
exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
XVII. Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency
Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act (ADA).
Additional Provisions
Page 113 of 159
Instructions
1.Agency Name and Billing Address – Enter the Agency of primary interest which will
become a party to the agreement.
2.Project Number – Leave blank. This number will be assigned by WSDOT.
3.Agreement Number – Leave blank. This number will be assigned by WSDOT.
4.
a.Project Description – Enter the project name, total length of the project (in miles),
and a brief description of the termini. Data entered here must be consistent with the
name, length, and termini noted in the STIP and Project Prospectus
Example: (Name) “Regal Road”, (Length) “1.2 miles”, (Termini) “Smith Road to
Main Street”
b.Description of Work – Enter a concise statement of the major items of work to be
performed. Statement must be consistent with the description of work noted in the
STIP and Project Prospectus.
Example: “Overlay Regal Road; install curb, gutter, and sidewalk; illumination; and
traffic signal at the intersection of Regal Road and Dakota Avenue.”
c.Project Agreement End Date – Enter your Project Agreement End Date. This date
is based on your projects Period of Performance (2 CFR 200.309).
For Planning Only projects – WSDOT recommends agencies estimate the end of the
project’s period of performance and add three years to determine the “Project
Agreement End Date”.
For PE and RW – WSDOT recommends agencies estimate when the phase will be
completed and add three years to determine the “Project Agreement End Date”.
For Construction – WSDOT recommends agencies estimate when construction will
be completed and add three years to determine the “Project Agreement End Date”.
d.Proposed Advertisement Date – At construction authorization only, enter the
proposed project advertisement date.
e.Claiming Indirect Cost Rate – Check the Yes box if the agency will be claiming
indirect costs on the project. For those projects claiming indirect costs, supporting
documentation that clearly shows the indirect cost rate being utilized must be
provided with the local agency agreement. Indirect cost rate approval by your
cognizant agency or through your agency’s self-certification and supporting
documentation is required to be available for review by FHWA, WSDOT and /or
State Auditor. Check the No box if the agency will not be claiming indirect costs on
the project. See section 23.5 for additional guidance.
5.Type of Work and Funding (Round all dollar amounts to the nearest whole dollar)
a.PE – Lines a through d show Preliminary Engineering costs for the project by type
of work (e.g., consultant, agency, state services, etc.).
Page 114 of 159
*Federal aid participation ratio for PE – enter ratio for PE lines with amounts in
column 3.
Line a – Enter the estimated amount of agency work in columns 1 through 3.
Line b & c – Identify user, consultant, etc., and enter the estimated amounts
in columns 1 through 3.
Line d – State Services. Every project must have funding for state services.
Enter the estimated amounts in columns 1 through 3.
Line e – Total of lines a + b + c + d.
b.Right of Way – If a Right of Way phase is authorized on the project, the appropriate
costs are shown in lines f through i.
*Federal aid participation ratio for RW – enter ratio for RW lines with amounts in
column 3.
Line f – Enter the estimated amount of agency work in columns 1 through 3.
Line g & h – Identify user, consultant, etc., and enter the estimated amounts
in columns 1 through 3.
Line i – State Services. Every project must have funding for state services.
Enter the estimated amounts in columns 1 through 3.
Line j – Total of lines f + g + h + i.
c.Construction – Lines k through p show construction costs for the project by type of
work (e.g., contract, consultant, agency, state services, etc.).
*Federal aid participation ratio for CN – enter ratio for CN lines with amounts in
column 3.
Line k – Enter the estimated cost of the contract.
Lines l, m, & n – Enter other estimated costs such as utility and construction
contracts or non‑federally matched contract costs.
Line o – Enter estimated costs of all construction related agency work.
Line p – State Services. Every project must have funding for state services.
Enter the estimated amounts in columns 1 through 3.
Line q – Total Construction Cost Estimate. Total of lines k + l + m + n + o +
p.
d.Total Project Cost Estimate
Line r – Total Cost Estimate of the Project. Total of lines e + j + q.
*Please remember, if the federal aid participation rate entered is not the maximum
rate allowed by FHWA, then the participation rate entered becomes the maximum
rate allowed.
6.Signatures – An authorized official of the local agency signs the agreement, and writes in
their title. Note: Do NOT enter a date on the Date Executed line.
Page 115 of 159
7.Method of Construction Financing – Choose the method of financing for the construction
portion of the project.
a.Method “A” is used when the state administers the contract for the agency.
b.Method “B” is also used when the state administers the contract for the agency.
c.Method “C” is used with projects administered by the local agency. The agency will
submit billings monthly through the state to FHWA for all eligible costs. The
billings must document the payment requests from the contractor. If state-force
work, such as audit and construction engineering, is to receive federal participation,
it will be billed to the agency and FHWA simultaneously at the indicated ratio. To
show continuous progress agencies should bill monthly until agreement is closed.
8.Resolutions/Ordinances – When someone other than the County Executive/Chairman,
County Commissioners/Mayor is authorized to sign the agreement, the agency must submit
to WSDOT with the agreement a copy of the Resolution/Ordinance designating that
individual.
9.Parties to the Agreement – Submit one originally signed agreement form to the Region
Local Programs Engineer. It is the responsibility of the local agency to submit an additional,
originally signed agreement form if they need an executed agreement for their files. The
agreement is first executed by the agency official(s) authorized to enter into the agreement.
It is then transmitted to the state for execution by Local Programs. The agreement is dated at
the time of final execution by Local Programs.
Page 116 of 159
752.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet752.3376.20
1:4,514
3rd St SW Bridge Decks Preservation
1in =376 ft
5/12/2020Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Project Location
CP2006 - 3rd St SW Bridge Decks Preservation
Page 117 of 159
752.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet752.3376.20
1:4,514
CP2007 - Lea Hill Rd Bridge Deck Preservation Vicinity Map
1in =376 ft
5/5/2020Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Project Location
CP2007 - Lea Hill Rd Bridge Deck Preservation Vicinity Map
Page 118 of 159
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5518 (Gaub)
Date:
May 21, 2020
Department:
Public Works
Attachments:
Res olution No. 5518
Draft Trans it Service Financial Partners hip
Agreement
Route 497 Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5518.
Background Summary:
Resolution No. 5518 authorizes an interlocal agreement with King County Metro and Pierce
Transit for Transit Route 497.
In November 2008, King County Metro, Pierce Transit, and City of Auburn signed a Transit
Service Financial Agreement to provide commute alternatives to Pierce County residents who
work in King County. Route 497 started service in 2009. King County Metro had a funding
mechanism for this service which was cancelled, and therefore a new funding mechanism
was put in place. The original Transit Service Agreement expires in September of 2020, and
is replaced by this new Transit Service Financial Partnership Agreement.
The City budget for this Transit Service is $200,000 for 2020 in the 102 Fund and future
years will be included in the 2021 and 2022 budgets. Actual costs of service are
approximately $45,000 per quarter. The cost of service is expected to rise by 3% annually.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:June 1, 2020 Item Number:RES.B
Page 119 of 159
--------------------------------
Resolution No. 5518
DATE May 28, 2020
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5518
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A FINANCIAL AGREEMENT BETWEEN THE
CITY OF AUBURN, KING COUNTY METRO, AND PIERCE
TRANSIT FOR BUS ROUTE 497
WHEREAS, in November 2008, King County Metro, Pierce Transit, and City of
Auburn signed a Transit Service Financial Agreement to provide commute alternatives to
Pierce County residents who work in King County; and
WHEREAS, in 2009, as a result of the Transit Service Financial Agreement, Pierce
Transit started the operation of route 497; and
WHEREAS, since 2008, the Service Partners signed five (5) amendments to the
Transit Service Financial Agreement to provide additional service to meet the added train
service at the Auburn station, and to extend the terms of the agreement to September of
2020.
WHEREAS, original Transit Service Agreement expires in September of 2020, and
is replaced by this new Transit Service Financial Partnership Agreement upon the
effective date;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City,
King County Metro, and Pierce Transit, which agreement will be in substantial conformity
with the agreement attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Page 120 of 159
--------------------------------
Resolution No. 5518
DATE May 28, 2020
Page 2 of 2 Rev. 2018
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2020.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 121 of 159
__________________________________________________
TRANSIT SERVICE FUNDING AGREEMENT
Between King County, the City of Auburn, and Pierce Transit
Page 1 of 10
4-16-2020
TRANSIT SERVICE FUNDING AGREEMENT
BY AND BETWEEN
KING COUNTY
AND
THE CITY OF AUBURN
AND
PIERCE TRANSIT
THIS TRANSIT SERVICE FUNDING AGREEMENT ("Agreement") is made by and between King
County, a political subdivision of the State of Washington, through its Metro Transit Department
("County" or "Metro Transit"), the City of Auburn, a municipal corporation of the State of Washington
("City"), and the Pierce County Public Transportation Benefit Area Corporation d/b/a Pierce Transit, a
municipal corporation of the State of Washington ("Pierce Transit"). The County, the City and Pierce
Transit may hereinafter be referred to individually as "Party" or collectively as the "Parties."
WHEREAS, in November 2008, the Service Partners signed a Transit Service Financial Agreement to
provide commute alternatives to Pierce County residents who work in King County; and
WHEREAS, in 2009, as a result of the Transit Service Financial Agreement, Pierce Transit started the
operation of route 497; and
WHEREAS, since 2008, the Service Partners signed five (5) amendments to the Transit Service Financial
Agreement to provide additional service to meet the added train service at the Auburn station, and to
extend the terms of the agreement to September of 2020.
WHEREAS, original Transit Service Agreement expires in September of 2020, and is replaced by this
new Transit Service Financial Partnership Agreement upon the effective date; and
WHEREAS, Pierce Transit provides public transit service in urbanized areas of Pierce County as well as
multiple populations centers in unincorporated areas of Pierce County; and
WHEREAS, Pierce Transit provides public transit service on its Route 497 serving Lakeland Hills and the
Auburn Transit Center/Sounder Station, a major transportation hub located in the City of Auburn
connecting transit riders in south King County with a variety of public transportation service options
including Sounder commuter rail service and Sound Transit Express (ST Express) regional bus service
operated by Sound Transit, Pierce Transit bus service, and Metro Transit bus service; and
Page 122 of 159
__________________________________________________
TRANSIT SERVICE FUNDING AGREEMENT
Between King County, the City of Auburn, and Pierce Transit
Page 2 of 10
WHEREAS, Route 497, known alternately as the Lakeland Hills Connector or Lakeland Hills
Shuttle/Express, is a feeder route designed to provide transit service connections between residential areas
and major transit points such as the Auburn Transit Center/Sounder Station in order to, among other
things, reduce single occupancy vehicle usage, provide commute alternatives for Pierce County residents
who work in King County, and alleviate commuter parking demand in downtown Auburn; and
WHEREAS, the Parties have determined that the Route 497 serves and benefits customers of all three
Parties; and
WHEREAS, among other things, the Parties’ previous financial service partnership agreement provided
for Pierce Transit to establish and operate transit service enhancements serving the Lakeland Hills area
and the Auburn Transit Center/Sounder Station consistent with the funding provisions provided for in the
agreement; and
WHEREAS, although both the Transit Now Service Partnership Program and the Parties’ previous
financial service partnership agreement have expired, the Parties have identified funding within their
respective organizations to continue to participate in a mutually beneficial contractual relationship
whereby each Party will fund a share of Pierce Transit’s cost of operating Route 497; and
WHEREAS, Pierce Transit has determined it has the resources available to operate the Route 497 service
hours in accordance with the schedule specified within this Agreement;
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth herein,
the Parties hereby agree as follows:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement to establish the terms, conditions and responsibilities of the Parties in
relation to the funding and operating of transit service on Pierce Transit’s Route 497.
2. PIERCE TRANSIT’S RESPONSIBILITIES
2.1 Pierce Transit will provide transit service on Route 497 in accordance with the service
specifications set forth in Attachment A, which is incorporated herein and made a part of this
Agreement by this reference.
2.2 While Pierce Transit will retain authority and responsibility for conducting public participation
processes in advance of any significant service modification, as defined by Pierce Transit’s
adopted service modification procedures, Pierce Transit will work together with the County and
the City in the design and implementation of any such changes.
2.3 Pierce Transit’s cost allocation model will be used to determine the Parties’ financial contributions
in accordance with this Agreement.
Page 123 of 159
__________________________________________________
TRANSIT SERVICE FUNDING AGREEMENT
Between King County, the City of Auburn, and Pierce Transit
Page 3 of 10
2.4 Pierce Transit will provide performance data using its standard ridership and service monitoring
practices.
2.5 The transit service provided for herein will be open to the general public.
2.6 Promotion. Pierce Transit will advertise the Route 497 via its normal marketing channels, and
will include the service information in Pierce Transit timetables and on Pierce Transit’s web site.
3. PARTIES’ FINANCIAL RESPONSIBILITIES
Each Party to this Agreement will be responsible for contributing one-third (1/3) of the cost for operating
the Route 497, based on Pierce Transit’s fully allocated operating hourly rate and a capital cost
component for the transit vehicles. The cost each Party will be responsible for on an annual basis shall be
determined in accordance with Attachment A of this Agreement.
4. TERM OF AGREEMENT
4.1 This Agreement shall commence upon signing by the Parties (the “effective date”) and, for the
service specified in Attachment A, expire five (5) years after the start of the effective date, unless
extended or earlier terminated pursuant to the terms of this Agreement. If after five (5) years the
Parties desire to continue this Agreement beyond the initial five-year period, this Agreement may
be extended by the Parties for up to an additional five (5) years without additional approval by the
Pierce Transit Board of Commissioners ("Board"), the Auburn City Council ("City Council"), or
the King County Council ("County Council").
4.2 This Agreement is subject to review and approval by the County Council and, if necessary, the
Board and the City Council.
5. INVOICES/PAYMENT PROCEDURES
5.1 Pierce Transit will invoice the County and the City at the end of each quarter for each Parties’ share
based on one-third of the actual cost to operate the service during that quarter. The invoices will be
based on the Pierce Transit service costs specified in Attachment A.
5.2 Estimates of the total service costs based on scheduled service hours are shown in Attachment A.
These estimates will be adjusted in January each year, based on Pierce Transit’s fully allocated
cost and the capital cost associated with the transit vehicles. Pierce Transit will provide the annual
adjustments to the County and the City for the service described in Attachment A.
5.3 The County and the City shall make payment to Pierce Transit within forty-five (45) days after
receipt of an invoice. Should either the County or the City fail to pay Pierce Transit the amount
due within forty-five (45) days of receipt of a billing invoice from Pierce Transit, a late payment
Page 124 of 159
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TRANSIT SERVICE FUNDING AGREEMENT
Between King County, the City of Auburn, and Pierce Transit
Page 4 of 10
assessment shall be applied to any outstanding balance due for that invoice. The late payment
assessment shall be fixed at the maximum rate allowable under Washington State law.
6. RECORDS
6.1 Maintenance of Records. During the term of the Agreement and for a period not less than six
(6) years from the date of its expiration or earlier termination, the records and accounts
pertaining to this Agreement are to be kept available by the Parties for inspection and audit by
the other Parties, and the State Auditor, and copies of all records, accounts, documents, or other
data pertaining to the Agreement will be furnished upon reasonable notice. If any litigation,
claim, or audit is commenced, the records and accounts along with supporting documentation
shall be retained until all litigation, claim, or audit finding has been resolved even though such
litigation, claim, or audit continues past the six-year retention period.
6.2 Disclosure of Public Records. The Parties acknowledge that all non-privileged, non-exempt
records that may be maintained pursuant to Subsection 6.1 of this Agreement are subject to
public disclosure under the Washington State Public Records act, Chapter 42.56 RCW.
7. INDEMNIFICATION AND LEGAL RELATIONS
7.1 It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives
no right to any other person or entity. No joint venture or partnership is formed as a result of this
Agreement. No employees or agents of one Party or its contractors or subcontractors shall be
deemed, or represent themselves to be, employees, agents, contractors or subcontractors of the other
Party.
7.2 Each Party shall comply, and shall ensure that its contractors and subcontractors, if any, comply with
all federal, state and local laws, regulations, and ordinances applicable to the work and services to be
performed under this Agreement.
7.3 Each Party shall protect, defend, indemnify and save harmless the other Party, its elected officials,
officers, officials, employees and agents while acting within the scope of their employment as such,
from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way
resulting from each Party’s own negligent acts or omissions. Each Party agrees that it is fully
responsible for the acts and omissions of its own subcontractors, their employees and agents, acting
within the scope of their employment as such, as it is for the acts and omissions of its own employees
and agents. Each Party agrees that its obligations under this provision extend to any claim, demand,
and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing
indemnity is specifically and expressly intended to constitute a waiver of each Party’s immunity
under Washington’s Industrial Insurance Act, RCW Title 51, as respects the other Party only, and
only to the extent necessary to provide the indemnified Party with a full and complete indemnity of
claims made by the indemnitor’s employees. The Parties acknowledge that these provisions were
specifically negotiated and agreed upon by them.
Page 125 of 159
__________________________________________________
TRANSIT SERVICE FUNDING AGREEMENT
Between King County, the City of Auburn, and Pierce Transit
Page 5 of 10
7.4 Each Party’s rights and remedies in this Agreement are in addition to any other rights and remedies
provided by law.
7.5 This Agreement shall be interpreted in accordance with the laws of the State of Washington. The
Superior Court of King County, Washington, located in Seattle, Washington, shall have exclusive
jurisdiction and venue over any legal action arising under this Agreement.
7.6 The provisions of this Section 7 shall survive the expiration or earlier termination of this Agreement.
8. INSURANCE REQUIREMENTS
Each party shall self-insure or procure and maintain for the duration of the Agreement, insurance or self-
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of this Agreement by the Parties.
9. CHANGES AND MODIFICATIONS
This Agreement may be amended or modified only by a prior written amendment signed by authorized
representatives of the Parties hereto. Such amendments and modifications may be executed by the
General Manager of the County’s Metro Transit Department without additional King County Council
approval, so long as any such amendments are consistent with the intent and purpose of this Agreement.
10. TERMINATION OF AGREEMENT
10.1 Any Party may terminate this Agreement in writing if another Party substantially fails to fulfill
any or all of its obligations under this Agreement through no fault of the other Parties; provided,
however, that, insofar as practicable, the Party terminating the Agreement will give written notice
of its intent to terminate not less than 135 calendar days prior to the County’s next scheduled
service change date. Any such notice of intent to terminate shall be delivered to the non-
terminating Parties by certified mail, return receipt requested, at the addresses specified in Section
17 of this Agreement.
10.2 In addition to termination under Subsection 10.1 of this Agreement, any Party may terminate this
Agreement for its convenience, provided that the other Parties will be given written notice of the
intent to terminate not less than 135 calendar days prior to the County’s next scheduled service
change date. Any such notice of intent to terminate shall be delivered to the non-terminating
Parties by certified mail, return receipt requested, at the addresses specified in Section 17 of this
Agreement.
10.3 Performance of any responsibilities undertaken by the County pursuant to this Agreement beyond
the County’s current appropriation year is conditional upon the appropriation by the County
Council of sufficient funds to support the work provided for in this Agreement. Should such an
appropriation not be approved, the Agreement shall terminate at the close of the current
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TRANSIT SERVICE FUNDING AGREEMENT
Between King County, the City of Auburn, and Pierce Transit
Page 6 of 10
appropriation year. The County is on a biennial budgeting cycle and appropriations end on
December 31st of the last year of the biennium (even calendar years).
10.4 Performance of any responsibilities undertaken by the City of Auburn pursuant to this Agreement
beyond the City’s current appropriation year is conditional upon the appropriation by the City
Council of sufficient funds to support the work provided for in this Agreement. Should such an
appropriation not be approved, the Agreement shall terminate at the close of the current
appropriation year. The City of Auburn is on a biennial budgeting cycle and appropriations end
on December 31st of the last year of the biennium (even calendar years).
10.5 Performance of any responsibilities undertaken by Pierce Transit pursuant to this Agreement
beyond the agencies current appropriation year is conditional upon the appropriation by Pierce
Transit Board of Commissioners sufficient funds to support the work provided for in this
Agreement. Should such an appropriation not be approved, the Agreement shall terminate at the
close of the current appropriation year. Pierce Transit is on an annual budget cycle and
appropriations end on December 31st.
10.6 If any Party terminates, the other Parties will pay Pierce Transit a pro-rated amount for services
performed in accordance with the Agreement to the date of termination.
11. FORCE MAJEURE
Any Party shall be excused from performing its obligations under this Agreement during the time and to
the extent that it is prevented from performing by a cause beyond its control, including, but not limited to:
any incidence of fire, flood, earthquake or acts of nature, including adverse winter weather; strikes or
labor actions; commandeering material, products, or facilities by the federal, state or local government;
local government; a declared State of Emergency due to a public health emergency or pandemic; and/or
national fuel shortage; when satisfactory evidence of such cause is presented to the other Parties, and
provided further that such non-performance is beyond the control and is not due to the fault or negligence
of the Party not performing.
12. WAIVER OF DEFAULT
Waiver of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless
stated to be such in writing, signed by authorized representatives of the Parties, and attached to the
Agreement as an exhibit.
13. ASSIGNMENT
This Agreement shall be binding upon the Parties, their successors, and assigns; provided, however, that
no Party shall assign or transfer in any manner any interest, obligation or benefit of this Agreement
without the other Parties’ prior written consent.
Page 127 of 159
__________________________________________________
TRANSIT SERVICE FUNDING AGREEMENT
Between King County, the City of Auburn, and Pierce Transit
Page 7 of 10
14. NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to confer on any person or entity other than the
Parties hereto and their respective successors and assigns any rights or remedies under or by virtue of this
Agreement.
15. MUTUAL NEGOTIATION AND CONSTRUCTION
This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly
negotiated between, and mutually drafted by, the Parties, and the language in all parts of this Agreement
shall, in all cases, be construed according to its fair meaning and not strictly for or against any Party.
16. ALL TERMS AND CONDITIONS
This Agreement merges and supersedes all prior negotiations, representations and agreements between the
Parties related to the subject matter hereof, contains all the terms and conditions agreed upon by the
Parties, and constitutes the entire agreement between the Parties. This Agreement may be amended only
by written agreement of the Parties. No other understandings, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind the Parties hereto.
17. CONTACT PERSONS
The Parties shall designate a contact person for purposes of sending inquiries and notices regarding the
execution and fulfillment of this Agreement.
City of Auburn
Contact Name Cecile Malik
Department Public Works
Title Senior Transportation Planner
Address 25 West Main Street, Auburn, WA 98001-4998
Telephone 253-876-1964
E-Mail cmalik@auburnwa.gov
Pierce Transit
Contact Name Duane Wakan
Department Planning
Title Senior Planner
Address 3701 96th Street SW Lakewood, WA 98499
Telephone (253) 983-3396
E-Mail dwakan@piercetransit.org
King County
Contact Name
Page 128 of 159
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TRANSIT SERVICE FUNDING AGREEMENT
Between King County, the City of Auburn, and Pierce Transit
Page 8 of 10
Department
Title
Address
Telephone
E-Mail
Each Party agrees to advise the other Parties in writing with updates to its contact information as needed.
18. EXECUTION OF AGREEMENT – COUNTERPARTS
This Agreement may be executed in three (3) counterparts, each one of which shall be regarded for all
purposes as an original.
19. EFFECTIVE DATE
This Agreement shall take effect on the last date it has been executed by all Parties.
.
KING COUNTY
By:
_________________________________
Title:
________________________________
Date:
________________________________
CITY OF AUBURN
By:
_________________________________
Title:
________________________________
Date:
________________________________
PIERCE TRANSIT
By: _________________________________
Title: ________________________________
Date: ________________________________
Page 129 of 159
__________________________________________________
TRANSIT SERVICE FUNDING AGREEMENT
Between King County, the City of Auburn, and Pierce Transit
Page 9 of 10
ATTACHMENT A
TRANSIT SERVICE FUNDING AGREEMENT
City of Auburn
Pierce Transit
King County Metro
A. Service Description
The Lakeland Hills-Auburn Transit Center/Sounder Station route (Route 497) is a commuter bus
service operated by Pierce Transit through a funding agreement with King County and the City of
Auburn. The Lakeland Hills feeder operates between Lake Tapps Parkway and the Auburn
Transit Center/Sounder Station, with one-way service to the station in the a.m. peak and from the
station to Lakeland Hills in the p.m. peak.
The purpose of the Lakeland Hills feeder service is to provide peak service to connect residential
areas to Auburn Transit Center/Sounder Station to facilitate transfers to Sounder commuter rail,
Sound Transit express bus service, and Metro Transit bus service.
Service Level:
Annual Service Hours: 39,267.84
Number of Weekday A.M. Trips: 9 Northbound
Number of Weekday P.M. Trips: 9 Southbound
Start Date for Service. Service under this Agreement will begin on October 1, 2020.
B. Service Costs
1. Operating Cost
The operating cost for the Lakeland Hills service (Rt. 497) beginning October 1, 2020 will be
based on Pierce Transit's hourly rate of $ 102.97. The Parties agree that the hourly operating
rate may be adjusted each year to reflect changes to Pierce Transit's service operation costs,
however it is agreed that the operating hourly rate for this Agreement shall not increase by
more than three percent (3%) each year.
2. Capital Cost
In addition to the operating costs, the Parties agree to pay for a share of Pierce Transit's
capital costs related to the provision of transit coaches for the Lakeland Hills service. The
Page 130 of 159
__________________________________________________
TRANSIT SERVICE FUNDING AGREEMENT
Between King County, the City of Auburn, and Pierce Transit
Page 10 of 10
capital cost for this service from October 1, 2020 through December 31, 2020 is $ 21,320.21.
This cost will be equally shared by the Parties.
3. Monetary Contributions
The Parties agree that beginning October 1, 2020 and through the term of this
Agreement, the costs for providing weekday AM northbound and weekday PM southbound
trips on the Lakeland Hills service (Route 497) will be divided equally between the three
Parties.
The total service costs for the period of October 1, 2020 through December 31, 2020 are
estimated below. The Parties will each be responsible for one-third (1/3) of the total costs.
October 1, 2020 –
December 31, 2020
Operating Cost
($102.97/hr x 727.68 quarterly hrs.)
Capital Cost TOTAL COST
City of Auburn $24,970.40 $7,106.74 $32,083.14
King County $24,976.40 $7,106.74 $32,083.14
Pierce Transit $24,976.40 $7,106.74 $32,083.14
Total: $74,929.21 $21,320.21 $96,249.42
Page 131 of 159
10,666.7
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet10,666.7
Notes
To and from Lakeland Hills and Auburn
Transit Station.5,333.30
1:64,000
Route 497
1in =5,333 ft
5/7/2020Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Sidewalks
Railroads_1k
Paved Surfaces_1k
Lakes and Rivers_1k
Ponds_1kPage 132 of 159
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5520 (Gaub)
Date:
May 26, 2020
Department:
Public Works
Attachments:
Res olution No. 5520
Exhibit A
Letter of Concurrence dated May 1, 2020
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5520.
Background Summary:
Resolution No. 5520 authorizes the Mayor to execute an Interlocal Agreement between the
City of Auburn and the Auburn School District relating to Project No. CP1902 – Pedestrian
Safety Sidewalk and ADA Improvements.
A Traffic Impact Analysis for the Auburn School District’s Elementary 16 Project determined
that the District’s project will have impacts to the intersection of 124th Avenue SE and SE
316th Street (Intersection) that require mitigation.
The City and District cooperatively developed an approach to mitigate the impacts by making
improvements to the Intersection. City Project CP1902 – Pedestrian Safety Sidewalk and
ADA Improvements is planned to be constructed in the summer of 2020. The City’s project is
constructing sidewalks, curb ramps, and crosswalk enhancements with Rapid Rectangular
Flashing Beacons (RRFB) at several locations throughout the City. Likewise, the required
mitigation improvements at the Intersection include new sidewalk, curb ramps, and the
enhancement of a crosswalk with an RRFB. Adding the Intersection improvements to the City
project will allow the City to design and construct them to be consistent with the other City
Project improvements and is expected to result in a lower cost to the District compared to
constructing the required Intersection improvements separately.
The District has agreed to reimburse the City a maximum amount of eighty-five thousand
dollars and no cents ($85,000.00) for direct and related indirect costs to complete the
required mitigation improvements. This amount includes ten thousand dollars and no cents
($10,000.00) as a contingency to address changes and unexpected conditions.
In addition to the District Funds, the City is working with King County Metro to secure funding
for a portion of the Improvements. Metro has indicated that it may contribute up to $50,000.00
towards the Improvements; however, no commitment has been received at this time.
Rev iewed by Council Committees:
Page 133 of 159
Councilmember:Staff:Gaub
Meeting Date:June 1, 2020 Item Number:RES.C
Page 134 of 159
-----------------------------
Resolution No. 5520
May 14, 2020
Page 1 of 2
RESOLUTION NO. 5520
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE AUBURN SCHOOL DISTRICT
RELATING TO PROJECT NO. CP1902 – PEDESTRIAN
SAFETY SIDEWALK AND ADA IMPROVEMENTS
WHEREAS, the City is designing and constructing pedestrian improvements
throughout the City, hereinafter referred to as the “City Project”; and
WHEREAS, the Auburn School District (District) is required to construct
improvements at the intersection of 124th Avenue SE and SE 316 Street, hereinafter
referred to as the “Improvements,” to mitigate level of service impacts associated with the
Elementary 16 Project, hereinafter referred to as the “District Project” which lies adjacent
to the City Project; and
WHEREAS, constructing the City Project and District Project Improvements
concurrently will maximize public benefit; and
WHEREAS, the City is willing to include the design and construction of the District
Project with the City Project; and
WHEREAS, the District is willing to compensate the City for the City’s costs to
design and construct the Improvements; and
WHEREAS, the City and the District are authorized to enter into this Agreement
pursuant to RCW 39.34.030.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Page 135 of 159
-----------------------------
Resolution No. 5520
May 14, 2020
Page 2 of 2
Section 1. The Mayor is authorized to execute an Interlocal Agreement with the
Auburn School District related to pedestrian safety sidewalk and ADA improvements,
which Agreement will be in substantial conformity with the Agreement attached as Exhibit
A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directions of this Resolution.
Section 3. This Resolution will take effect and be in full force upon passage and
signatures.
Signed .
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 136 of 159
Page 1 of 5
INTERLOCAL AGREEMENT BETWEEN
CITY OF AUBURN AND AUBURN SCHOOL DISTRICT
FOR CITY PROJECT NO.CP1902 – PEDESTRIAN SAFETY
SIDEWALK AND ADA IMPROVEMENTS
THIS INTERLOCAL AGREEMENT (Agreement) made and entered into on this
day of , 2020, by and between the City of Auburn, a municipal corporation of
the State of Washington, hereinafter referred to as “City” and, the Auburn School District,
hereinafter referred to as the “District.”
WITNESSETH:
WHEREAS, the City is designing and constructing pedestrian improvements throughout
the City, hereinafter referred to as the “City Project”; and,
WHEREAS, the District is required to construct improvements at the intersection of 124th
Avenue SE and SE 316th Street, hereinafter referred to as the “Improvements”, to mitigate level
of service impacts associated with the Elementary School No. 16 Project, hereinafter referred to
as the “District Project” which lies adjacent to the City Project; and,
WHEREAS, constructing the City Project and District Project Improvements concurrently
will maximize public benefit; and,
WHEREAS, the City is willing to include the design and construction of the District
Project with the City Project; and,
WHEREAS, the District is willing to compensate the City for the City’s costs to design
and construct the Improvement in an amount not to exceed the amount listed in Section 1 of this
Agreement; and
WHEREAS, the City and the District are authorized to enter into this Agreement by RCW
39.34.030.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
1. General
The District shall reimburse the City a maximum amount of eighty-five thousand dollars
and no cents ($85,000.00) for direct and related indirect costs to complete the
Improvements in accordance with the estimate shown in Attachment A. The City agrees
to design and construct the Improvements, which include the installation of a Rapid
Rectangular Flashing Beacon system (RRFB) pedestrian crosswalk system, approximately
75 feet of curb, gutter and sidewalk, a new curb ramp, and restriping of the current
dedicated south bound left turn lane to a two-way left turn lane.
Page 137 of 159
Page 2 of 5
The City will provide the District with a separate engineer’s estimate for the Improvements
portion of the construction contract.
The City will procure and administer contracts associated with completing the
Improvements in accordance with the applicable requirements of local, state, and federal
laws, including, but not limited to requirements of: prevailing wages, competitive bidding,
Title VI non-discrimination, contractor bonding and payment retainage, and in accordance
with the City of Auburn Design and Construction Standards.
2. Compensation and Payment.
The parties shall finance the City Project reflected in this Agreement as follows: District
agrees to reimburse the City actual direct and related indirect costs associated with
performance of the Improvements work in an amount not to exceed the amount listed in
Section 1 of this Agreement. The cost estimate breakdown of the Improvements is attached
as Attachment A. The City shall be solely responsible for all costs that exceed this amount,
unless the Parties implement Section 4. The amount reimbursed to the City by the District
will be reduced by the amount of funds, if any, the City receives from King County Metro
for the purposes of constructing the Improvements.
Upon completion of the City Project,, the City shall submit one inclusive first and final
itemized invoice to the District’s representative, Jeffrey L. Grose, 915 Fourth Street
NE, Auburn, WA, 98002, for the City’s actual direct and related indirect costs incurred
associated with performance of the City Project. The District shall provide payment in full
within sixty (60) calendar days upon receipt of the itemized invoice. If the District objects
to all or any portion of the invoice, the District shall notify the City within twenty (20) calendar
days after receipt of the City’s invoice. If only a portion of the invoice is disputed, the District
agrees to pay the undisputed portion of the invoice. The Parties shall immediately make every
effort to settle the disputed portion of the invoice.
Both parties have established and maintain an appropriate budget for the obligations in this
Agreement as required by law.
3. Time for Performance and Term of Agreement.
The Term of this Agreement shall commence on the date hereof and shall terminate upon
completion of the performance of the Improvements by the City or as otherwise provided
in paragraph 15 of this Agreement.
4. Cost Increase.
The total Agreement amount includes approximately $10,000.00 of contingency to address
changes and unexpected conditions that may be reasonably expected for the Improvements.
Within ten (10) calendar days of the City becoming aware that the Improvement costs may
exceed the amount listed in Section 1 of this Agreement, it shall notify the District in
writing and mutually agree upon a course of action in execution of the Improvements.
5. Ownership and Use of Documents.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
Page 138 of 159
Page 3 of 5
either party as part of its performance of this Agreement shall be owned by and become
the property of that party, and may be used by that party for any purpose.
6. Records Inspection and Audit.
(a) The City shall maintain books, records, documents, correspondence and other
evidence pertaining to the costs and expenses of the Improvements (hereinafter referred to
collectively as “the records”), to the extent and in such detail as will properly reflect all
costs, direct and operating, of labor, materials, equipment, supplies and services and other
costs and expenses of whatever nature for which reimbursement shall be provided by the
District. The books and records required under this Section shall be maintained in
accordance with generally accepted accounting standards.
(b) The City shall retain the records and make them available for audit for a period
of six (6) years after final payment is made by the District.
7. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the parties agrees that, notwithstanding such dispute or conflict, the parties shall
continue to make a good faith effort to cooperate and continue work toward successful
completion of assigned duties and responsibilities.
8. Administration of Agreement.
This Agreement shall be administered by the Auburn School District Capital Projects
Department on behalf of the District, and by the Mayor of the City, or designee, on behalf
of the City. Any written notices required by the terms of this Agreement shall be served
on or mailed to the following addresses:
City of Auburn
Auburn City Hall
25 West Main
ATTN: Jacob Sweeting
Auburn, WA 98001-4998
(253) 804-3118
Auburn School District
Contact Name: Jeffrey L. Grose
Title: Executive Director of Capital Projects
Address: 915 Fourth Street NE
Auburn, WA 98002
Email: jgrose@auburn.wednet.edu
Phone: 253-931-4826
9. Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested, and addressed, if to a party of this Agreement, to the address for the party
set forth above, or if to a person not a party to this Agreement, to the address designated
by a party to this Agreement in the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating his, her or
its new address, to any other party, all pursuant to the procedure set forth in this section of
the Agreement.
Page 139 of 159
Page 4 of 5
10. Insurance.
Each party shall maintain insurance in accordance with its policies.
11. Indemnification.
Each party shall indemnify, defend and hold harmless the other party and its officers,
agents and employees, or any of them from any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, including attorney fees, by any
reason of or arising out of the act or omission of that party, its officers, agents, employees,
or any of them relating to or arising out of the performance of this Agreement except for
injuries and damages caused by the sole negligence of the indemnifying party. If a final
judgment is rendered against the indemnified party, its officers, agents, employees and/or
any of them, or jointly against the indemnifying party and the indemnified party and their
respective officers, agents and employees, or any of them, the indemnifying party shall
satisfy the same to the extent that such judgment was due to the indemnifying party’s
negligent acts or omissions.
12. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party’s or parties’ duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver by any party of any default of the other party shall not effect or impair
any right arising from any subsequent default.
13. Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter.
14. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be one and
the same Agreement and shall become effective when one or more counterparts have been
signed by each of the parties and delivered to the other party.
15. Termination.
Neither the District or City may terminate this agreement without the written concurrence
of the other party.
Page 140 of 159
Page 5 of 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN AUBURN SCHOOL DISTRICT
____________________________________ ____________________________________
Nancy Backus Cindi Blansfield
Mayor Associate Superintendent,
Business and Operations
Attest:
____________________________________
Shawn Campbell, City Clerk
Approved as to form:
____________________________________
Kendra Comeau, City Attorney
Page 141 of 159
CP1902, Pedestrian Safety Sidewalk and ADA Improvements
Engineer's Estimate
Schedule C - Street Improvements (Additive 1) 62,500.00$
Schedule A Sales Tax 0% $0.00
Subtotal Schedule A $62,500.00
Construction Contract Contingency $10,000.00
TOTAL CONSTRUCTION ESTIMATE $72,500.00
Design:
Design Engineering (In-house) $6,500.00
Construction:
Construction Engineering (In-house)$6,000.00
TOTAL DESIGN ESTIMATED COSTS $12,500.00
TOTAL PROJECT ESTIMATE $85,000.00
Attachment A
Page 142 of 159
Schedule C - Street Improvements (Additive 1)
Site 2
Sales Tax Rate 0%
Bid
Item
Std or
SP
Sec.
No.Description Quantity Unit Unit Price Total Price
1 Std 1-04 Minor Changes 3500.00 EST 1.00$ 3,500.00$
2 Std 1-07 SPCC Plan 1.00 LS 30.00$ 30.00$
3 Std 1-09 Mobilization 1.00 LS 5,400.00$ $ 5,400.00
4 SP 1-10 Project Temporary Traffic Control 1.00 LS 2,100.00$ 2,100.00$
5 SP 1-10 Traffic Control Supervisor 1.00 LS 450.00$ 450.00$
6 Std 2-01 Roadside Cleanup 300.00 EST $ 1.00 300.00$
7 SP 2-02 Clearing and Grubbing 1.00 LS 600.00$ 600.00$
8 SP 2-02 Removal of Curb and Gutter 36.00 LF 10.00$ 360.00$
9 SP 2-02 Removal of Concrete or Asphalt Pavement 43.00 SY 12.00$ 516.00$
11 Std 4-04 Crushed Surfacing Top Course 15.00 TON 55.00$ 825.00$
12 Std 5-04 Commercial HMA 6.50 TON 200.00$ 1,300.00$
13 Std 7-05 Adjust Catch Basin 1.00 EA 300.00$ 300.00$
14 Std 8-01 Inlet Protection 9.00 EA 80.00$ 720.00$
15 SP 8-02 Roadside Restoration 1000.00 EST 1.00$ 1,000.00$
16 Std 8-04 Cement Conc. Traffic Curb and Gutter 100.00 LF 40.00$ 4,000.00$
17 Std 8-04 Cement Conc. Pedestrian Curb 12.00 LF 35.00$ 420.00$
18 Std 8-14 Cement Conc, Curb Ramp Type Parallel A 1.00 EA 3,000.00$ 3,000.00$
20 SP 8-14 Cement Conc. Sidewalk 35.00 SY 40.00$ 1,400.00$
Std 8-14 Detectable Warning Surface 8.00 SF 100.00$ 800.00$
21 SP 8-20 RRFB 1.00 LS 28,000.00$ 28,000.00$
SP 8-21 Traffic Sign 2.00 LS 1,000.00$ 2,000.00$
22 Std 8-21 Relocate Permanent Traffic Sign and Post 2.00 EA 200.00$ 400.00$
23 Std 8-22 Plastic Crosswalk Line 276.00 SF 6.50$ 1,794.00$
24 Std 8-22 Paint Line 641.00 LF 3.50$ 2,243.50$
Std 8-22 Removing Painted Traffic Marking 4.00 EA 3.50$ 14.00$
25 Std 8-22 Remove Paint line 685.00 LF 1.50$ 1,027.50$
62,500.00$ Subtotal Schedule C
Attachment A
Page 143 of 159
CITY OF
AUBURN Nancy Backus,Mayor
WASHINGTON 25 West Maw Street * Auburn WA 98001-4998 * www.auburnwa.gov* 253-931-3000
May 1, 2020
Jeffrey L. Grose
Executive Director of Capital Projects
Auburn School District No. 408
915 4th Street NE
Auburn, WA 98002
253) 931-4826
jgrose@auburn.wednet.edu
RE: Elementary 16 Traffic Mitigation
Dear Mr. Grose:
This letter represents concurrence between the City of Auburn(City)and the Auburn School
District (District) regarding traffic mitigation necessary at the intersection of 124th Ave SE
and SE 316th Street (Intersection) as a result of the Elementary 16 Project (Project). The
District completed the SEPA Environmental Evaluation and issued a determination of non-
significance on October 16, 2019. Subsequently, the District continued to work with the City
to address City review comments of the Traffic Impact Analysis for the Project. The work
involved evaluation of additional intersections to determine impacts and required mitigation.
The evaluation showed that the Project increased delays at the Intersection. The analysis
of baseline conditions showed that the Intersection will operate below adopted level of
service standards without the Project. Therefore, mitigation is required to improve the
intersection operations to baseline condition or better.
The City and District cooperatively developed an approach to mitigate the impacts by
making improvements to the Intersection. The improvements are to convert the southbound
left-turn lane on 124th Ave SE at the Intersection into a two-way left-turn lane and to
construct pedestrian improvements at the Intersection to encourage reduction in vehicular
traffic and increase transit and non-motorized travel. The District provided a memo dated
April 10, 2020, that indicates these improvements mitigate the Project impacts at the
Intersection. The reduction in delay exceeds the delay caused by the Project and therefore
the improvements may also be considered as mitigation, if needed, for the District's Lea Hill
Elementary re-build project.
The City currently has a project it intends to construct in the summer of 2020 that includes
pedestrian improvements at many sites throughout the City, including this Intersection (City
Project). However, the City Project includes improvements at the Intersection as an
alternate bid to only be constructed if the City is able to secure funding for the
improvements.The City has been working with King County Metro(Metro)to secure funding
for a portion of the improvements and Metro has indicated that it may contribute up to
50,000.00 towards improvements at the Intersection.
ENG-163-ELH, Revised 12/19 AU BURN * MORE THAN YOU IMAGINED
Page 144 of 159
Auburn School District
May 1, 2020
Page 2 of 2
The District and City have agreed to include the required improvements to mitigate the
Project impact with the City Project. The District will pay the City for its costs to design and
construct the project, estimated to be $75,000.00. This amount will be reduced by any
funding the City receives from Metro for improvements at the Intersection. If the actual costs
exceed $85,000.00, the City and District shall evaluate the costs and benefits of proceeding
with the Project and mutually agree upon a course of action. This arrangement will be
established through an agreement to be executed between the City and District prior to the
City awarding its construction contract. The agreement will include provisions to address
cost overruns, estimation of soft costs, and basis for construction costs.
Sincerely,
47s'e. eeitW
Jacob Sweeting, KE7
City Engineer, Assistant Director of Engineering Services
Public Works Department
The District concurs with the mitigation approach detailed in this letter:
Digitally signed by Jeffrey L Grose
DN:C=US,
Jeffrey L Grose
CN=
JE=
jgffGroseerey@auburn.wedneLt.edu,
rose
Date:2020.05.02 08:43:53-07'00' Date: May 2, 2020
Executive Director of Capital Projects,Auburn School District N.408
JS/as
cc: Alexandria Teague
SEP-19-0029
Electronic Distribution Only
ENG-163, Revised 12/18
Page 145 of 159
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5523 (Tate)
Date:
May 27, 2020
Department:
Community Development
Attachments:
Res olution No. 5523
CDBG-CV Amendment
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5523.
Background Summary:
This item is brought forward to City Council while under various orders of the Governor of the
State of Washington because it pertains to COVID 19 and the City’s response efforts.
On March 27, 2020, the U.S. Congress passed The Coronavirus Aid, Relief, and Economic
Security Act (H.R. 748), also known as the CARES Act. The bill allocates $5 billion in
supplemental Community Development Block Grant (CDBG) funding for grants to prevent,
prepare for, and respond to the coronavirus (CDBG-CV).
On May 11, 2020, City staff presented an overview of these funds, the federal planning
requirements, possible uses, and the timeline for implementation at a City Council Study
Session. The Human Services Committee held a Special Meeting on May 18, 2020 to
discuss the allocation of CDBG-CV funds. During that meeting, this Action Plan Amendment
was approved and recommended to move forward to City Council for adoption.
This substantial amendment of the 2019 Action Plan is a requirement of the U.S. Department
of Housing and Urban Development (HUD), in order for the City of Auburn to receive the
allocation related to the first funding round of CDBG-CV from the CARES Act. This plan is
amended to incorporate the initial $371,805 of CDBG-CV funds to prevent, prepare for, and
respond to the coronavirus. Of these CDBG-CV funds, the Committee is proposing that
$346,805 will be allocated to Public Services, including COVID-related health services and
emergency subsistence (rental assistance) programs, with the remaining $25,000 for
program administration. Any future allocations of CDBG-CV funds will require additional plan
amendments incorporating spending plans for those resources.
The amendment details a plan for allocating the identified public services resources. In order
to allocate resources efficiently and with limited administrative delays, Council will be
approving the distribution plan included in the amendment, rather than individual agency
contracts. Through this resolution, the Mayor is provided the authority to implement
administrative procedures necessary to carry out the directives of this plan.
Page 146 of 159
Rev iewed by Council Committees:
Councilmember:Trout-Manuel Staff:Tate
Meeting Date:June 1, 2020 Item Number:RES.D
Page 147 of 159
--------------------------------
Resolution No. 5523
May 19, 2020
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5523
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ADOPTING THE SUBSTANTIAL
AMENDMENT TO THE 2019 COMMUNITY DEVELOPMENT
BLOCK GRANT ANNUAL ACTION PLAN TO
INCORPORATE CDBG-CV FUNDS
WHEREAS, the City of Auburn was designated as an entitlement community by
the U.S. Department of Housing and Urban Development (HUD) for its Community
Development Block Grant (CDBG) Program; and
WHEREAS, the primary objective of the Consolidated Plan and CDBG Program is
the development of viable urban communities by providing decent housing and a suitable
living environment and expanding economic opportunities, principally for persons of low -
income and moderate-income; and
WHEREAS, on March 27, 2020, the U.S. Congress passed The Coronavirus Aid,
Relief, and Economic Security Act (H.R. 748), also known as the CARES Act , which
allocates $5 billion in supplemental CDBG funding for grants to prevent, prepare for, and
respond to the coronavirus (CDBG-CV);
WHEREAS, to allocate additional funds received, a substantial amendment must
be made to the 2019 Annual Action Plan that serves as a federally required planning
document to guide the City of Auburn’s human service and community development
efforts; and
WHEREAS, the planning process to develop the Consolidated Plan involved
citizen participation and guidance from non-profit and governmental agencies serving low
income residents in the community.
Page 148 of 159
--------------------------------
Resolution No. 5523
May 19, 2020
Page 2 of 2 Rev. 2019
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. Pursuant to the provisions of 24 CFR 91, the 2019 Annual Action
Plan previously adopted by the City of Auburn City Council is amended, consistent with
the attached Exhibit “A”, making approximately $371,805 of CDBG -CV funds available
for projects that are consistent with federal regulations and with the objectives and
policies of the Auburn Community Development Block Grant Consolidated Plan, primarily
to provide public services that prevent, prepare for, and respond to the coronavirus for
low to moderate income Auburn residents.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 149 of 159
Annual Action Plan
2019
1
OMB Control No: 2506-0117 (exp. 06/30/2018)
City of Auburn
Community Development Block Grant
Substantial Amendment to the 2019 Annual Action Plan
Incorporating CDBG-CV Funds
A. BACKGROUND
a. Each year the City of Auburn executes specific actions to implement the objectives and
strategies of the five-year Consolidated Plan, which are outlined in the Annual Action
Plan.
b. As a result of the CARES Act signed by President Trump on March 27, 2020, Congress
allocated an additional $371,805 in CDBG funds to the City of Auburn “to prevent,
prepare for, and respond to the coronavirus (COVID-19).” These funds, called CDBG-CV,
are administered by the Department of Housing and Urban Development and are
required to be incorporated into our CDBG planning documents.
c. Due to timing of the 2020 Annual Action Plan submittal, it is more expedient to amend
the 2019 Annual Action Plan to incorporate these CDBG-CV funds.
d. Therefore, the City is proposing the following plan amendment to address needs in the
community related to COVID-19 with CDBG-CV funds.
B. AMENDMENT
a. Amend the 2019 Annual Action Plan to allow for the allocation of $371,805 in CDBG-CV
funds.
b. Funds shall be awarded for the following purposes
Project CDBG-CV
Fund Allocation
Public Services – Housing Stability: Emergency Subsistence $246,805
Public Services – COVID Health Services $100,000
Administration $25,000
Total Funds Included in Amendment: $371,805
Page 150 of 159
Annual Action Plan
2019
2
OMB Control No: 2506-0117 (exp. 06/30/2018)
Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)
1. Introduction
This substantial amendment of the 2019 Action Plan is a requirement of the U.S. Department of Housing
and Urban Development (HUD), in order for the City of Auburn to receive the allocation related to the
first funding round of Community Development Block Grant Coronavirus (CDBG-CV) from the CARES Act.
This plan is amended to incorporate $371,805 of CDBG-CV funds to prevent, prepare for, and respond to
the coronavirus (COVID-19). Of these CDBG-CV funds, the City is proposing that $346,805 will be
allocated to Public Services, with the remaining $25,000 for program administration.
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to
another location. It may also contain any essential items from the housing and homeless needs
assessment, the housing market analysis or the strategic plan.
This Action Plan Amendment allocates a total of $371,805 dollars in anticipated 2019 Community
Development Block Grant Coronavirus funds (CDBG-CV), to support the Community Development Block
Grant program. With the overall goal of preventing, preparing for, and responding to coronavirus, the
following objectives and outcomes will be employed:
1. Support programs providing emergency subsistence for low to moderate income Auburn residents
2. Support health interventions that treat or test for COVID-19
3. Administer the Community Development Block Grant program to meet community needs related to
COVID-19 and HUD requirements
4. Summary of Citizen Participation Process and consultation process
Consistent with the City of Auburn’s amended Citizen Participation Plan, the amended 2019 Action Plan
was made available for public review between May 20 and May 24, 2020 on the City of Auburn website
and via email or mail, if requested.
Notice of CDBG-CV funds availability and the Amended 2019 Action Plan were posted on the City of
Auburn Community Services webpage and in the Seattle Times on May 20, 2020.
Page 151 of 159
Annual Action Plan
2019
3
OMB Control No: 2506-0117 (exp. 06/30/2018)
5. Summary of public comments
No comments were received.
6. Summary of comments or views not accepted and the reasons for not accepting them
7. Summary
Page 152 of 159
Annual Action Plan
2019
4
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-12 Participation - 91.401, 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting
The Amended 2019 Action Plan was available for public review between May 20, 2020 – May 24, 2020 on the City of Auburn website and by
email or mail, if requested.
Notice of CDBG-CV funds availability and the Amended 2019 Action Plan were posted on the City of Auburn Community Services webpage and in
the Seattle Times on May 20, 2020.
Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Newspaper Ad
Non-
targeted/broad
community
No comments were
received.
Table 1 – Citizen Participation Outreach
Page 153 of 159
Annual Action Plan
2019
5
OMB Control No: 2506-0117 (exp. 06/30/2018)
Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
The City of Auburn anticipates receiving $371,805 in CDBG-CV funds.
Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
CDBG-CV public -
federal
Admin and Planning
Public Services $371,805 0 0 $371,805
Table 2 - Expected Resources – Priority Table
Discussion
The City of Auburn will use CDBG funds to support all eligible projects and activities that align with CDBG guidelines and regulations.
Page 154 of 159
Annual Action Plan
2019
6
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-35 Projects - 91.420, 91.220(d)
Introduction
Auburn's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to
achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority
needs of providing assistance to prevent homelessness, ensure affordable housing and a suitable living
environment. Projects and programs are selected through a competitive application process to ensure
optimal quality services is provided to the community in use of the funds.
# Project Name
1 Public Services – Emergency Subsistence
2 Administration
3 COVID-Related Health Services
Table 3 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
The allocations proposed are based on the assessment of Auburn's needs, the resources available in the
region, the availability of other funds also focusing on needs, and the purpose of CDBG-CV funds. Data
from the City’s most recent Community Needs Assessment was used in making a funding determination,
as well as consultation with regional partners, other entitlement jurisdictions, and service providers in
the community.
Resources shall be allocated in accordance to the following guidelines:
1. Emergency Subsistence Funds ($246,805):
a. Step 1: Allocate Emergency Subsistence funds for low to moderate income renters to
an agency with current program capacity and an existing contractual relationship with
the City
Of the agencies currently contracted to provide rental assistance services to Auburn
residents, only two have experience managing federal funds. These are Multi Service
Center and Catholic Community Services. Staff are working to assess capacity and will
make an allocation determination based on agency’s ability to deploy resources quickly
and with a minimum of additional hiring required. The amount they are able to receive
may not match the total funds available for emergency subsistence payments. If the City
still has funds available for this purpose, additional distribution will occur utilizing the
process outlined in Step 2 below.
Page 155 of 159
Annual Action Plan
2019
7
OMB Control No: 2506-0117 (exp. 06/30/2018)
b. Step 2: Allocate Emergency Subsistence funds to an agency with a presence in South
King County and an active rental assistance program that currently receives CDBG or
CSGB funds.
The federal requirements governing these funds are intensive, and it is important that
agencies have the existing structure in place to accurately track staff time, client service
eligibility, and all other applicable federal regulations. The amount they are able to
receive may not match the total funds available for emergency subsistence payments. If
the City still has funds available for this purpose, additional distribution will occur
utilizing the process outlined in Step 3 below.
c. Step 3: Allocate Emergency Subsistence funds via an open RFP process.
Any funds set aside for Emergency Subsistence payments not allocated in Steps 1 and 2
will be made available via an application process to support emergency subsistence
programs for low to moderate income renters or low to moderate income homeowners.
Agencies without a current structure in place in South King County would be eligible to
apply. Agencies will need to have an existing program in place, experience managing
federal funds and meet all standard City of Auburn CDBG requirements for agencies
applying for Human Services funding.
2. Allocate Health Service funds ($100,000) to Health program with existing contractual
relationship with the City and a COVID health services program already in place
Auburn currently funds Healthpoint, International Community Health Services, King County
Sexual Assault Resource Center, and Seattle-King County Public Health/SKC Mobile Medical
Program to provide healthcare services to Auburn residents. Staff are working to assess current
COVID service delivery and capacity, and will make an allocation determination based on
agency’s ability to deploy resources quickly and with a minimum of additional hiring required.
Page 156 of 159
Annual Action Plan
2019
8
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-38 Project Summary
Project Summary Information
Page 157 of 159
Annual Action Plan
2019
9
OMB Control No: 2506-0117 (exp. 06/30/2018)
1 Project Name Emergency Subsistence
Target Area
Goals Supported End Homelessness
Ensure Decent, Affordable Housing
Needs Addressed
Funding CDBG-CV: $246,805
Description Respond to the impacts of COVID-19 on Auburn residents by
providing emergency subsistence support for low to moderate
income renters or homeowners.
Target Date 12/31/2020
Estimate the number and
type of families that will
benefit from the proposed
activities
An estimated 150 low to moderate income households in Auburn
will benefit from this activity.
Location Description n/a
Planned Activities
2 Project Name Administration
Target Area
Goals Supported Planning and Administration
Needs Addressed
Funding CDBG-CV: $25,000
Description General CDBG-CV administration and project management
Target Date 12/31/2020
Estimate the number and
type of families that will
benefit from the proposed
activities
n/a
Location Description n/a
Planned Activities General planning and administration of the CDBG-CV programs
include: management of all CDBG-CV related finances, contracting
for services, all grant reporting, monitoring of subrecipients and
providing guidance of program implementation in Auburn.
Project Name COVID-Related Health Services
Page 158 of 159
Annual Action Plan
2019
10
OMB Control No: 2506-0117 (exp. 06/30/2018)
3 Target Area
Goals Supported
Needs Addressed
Funding CDBG-CV: $100,000
Description These funds will support COVID-related health services (testing and
treatment) for Low to Moderate Income Individuals at a
Community Healthcare Organization. Funds must be used to
support Auburn residents.
Target Date 12/31/2020
Estimate the number and
type of families that will
benefit from the proposed
activities
At least 100 low to moderate income Auburn residents will have
benefitted from the proposed activities.
Location Description n/a
Planned Activities Providing healthcare services which include testing and treatment
for COVID-19.
Page 159 of 159