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HomeMy WebLinkAbout12-14-2020 CITY COUNCIL STUDY SESSIONCity Council Study Session P W C D S FA December 14, 2020 - 5:30 P M Virtual A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R I I .V I RT UA L PA RT I C I PAT I O N L I NK A .Virtual Participation L ink The A uburn City Council Meeting scheduled for Monday, December 14, 2020 at 5:30 p.m. will be held virtually and telephonically. To attend the meeting virtually please click the link or enter the meeting I D into the Zoom app or call into the meeting at the phone number listed below. P er the Governor's E mergency Proclamation 20-28, the City of Auburn is prohibited from holding an in-person meeting at this time. City of Auburn Resolution No. 5533, designates City of Auburn meeting locations for all Council, Board and Commission meetings as virtual. All meetings will be held virtually and telephonically until King County enters into Phase 3 of Governor I nslee’s S afe S tart — Washington’s P hased Reopening plan. The link to the Virtual Meeting or phone number to listen to the Council Meeting is: J oin from a P C, Mac, iPad, iP hone or A ndroid device: P lease click this UR L to join. https://zoom.us/j/94479532944 Or join by phone: 253 215 8782 877 853 5257 (Toll F ree) Webinar I D: 944 7953 2944 B .Roll Call I I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS I V.A G E ND A MO D I F I C AT I O N Page 1 of 316 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 .Facility Needs Assessment and Master P lan - Draft Recommendations Briefing (Gaub)(40 Minutes) B .A uburn S ymphony Update (Faber)(20 Minutes) C.2021 Special Focus A rea Chair and Vice Chair Selections (Council)(15 Minutes) D.Ordinance No. 6808 (Hinman)(10 Minutes) A n Ordinance amending section of Chapter 2.07 of the A uburn City Code relating to A uburn J unior City Council membership nominations and meetings E .Resolution No. 5563 (Tate)(20 Minutes) A Resolution adopting the 2021 Community Development B lock Grant A ction Plan for the Consolidated Plan Years 2020-2024 F.Resolution No. 5567 and 5568 (Tate)(20 Minutes) This presentation will provide an overview of two proposed substantial amendments to existing Community Development Block Grant Annual Action P lans, making $746,197 available for public service and planning activities related to Coronavirus response V I .P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS A .E nd of Year Capital Projects Status Report (Gaub)(10 Minutes) B .Ordinance No. 6763 (Tate)(30 Minutes) S taff to present a brief overview of significant updates to the I nternational and State building codes that have been adopted by Washington State and are scheduled to be in effect F ebruary 1, 2021. Staff will also present proposed A C C Title 15 updates recommended by the Planning Commission for adoption and amendment of updated building codes in preparation for the effective date C.Ordinance No. 6799 (Tate)(15 Minutes) A n Ordinance amending and repealing language of the Auburn City Code relating to regulation of underground utilities, infrastructure conduit, and wireless communication facilities V I I .O T HE R D I S C US S I O N I T E MS V I I I .NE W B US I NE S S 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. I X.A D J O UR NME NT Page 2 of 316 AGENDA BILL APPROVAL FORM Agenda Subject: Facility Needs Assessment and Master Plan - Draft Recommendations Briefing (Gaub)(40 Minutes) Date: December 8, 2020 Department: Public Works Attachments: Draft Recommendation Briefing Pres entation Slides Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: The purpose of this discussion is to brief Council on the Draft Recommendations that were prepared as part of the Facility Needs Assessment and Master Plan project. This Draft Recommendations briefing is the third of four Council Checkpoints scheduled as part of this project. This briefing will cover progress since the Draft Needs Assessment briefing to Council held on January 27, 2020, including the alternatives that have been evaluated and the draft recommendations. The Facilities Master Plan project is conducting a planning level effort, with the assistance of a consultant, to identify and develop conceptual solutions and alternatives for future City facility needs. The evaluation includes an analysis of the potential staffing needs and provides the preferred land usage and building needs for the next 20 years, through a joint collaborative effort with Parks Maintenance & Operations, Public Works Maintenance & Operations, Police, and Departments located at City Hall and the Annex. The end product will be a prepared master plan document that will include recommendations for future facility space and land needs. Rev iewed by Council Committees: Councilmember:Brown Staff:Gaub Meeting Date:December 14, 2020 Item Number: Page 3 of 316 Page 4 of 316 Page 5 of 316 Page 6 of 316 Page 7 of 316 Page 8 of 316 Page 9 of 316 Page 10 of 316 Page 11 of 316 Page 12 of 316 Page 13 of 316 Page 14 of 316 Page 15 of 316 Page 16 of 316 Page 17 of 316 Page 18 of 316 Page 19 of 316 Page 20 of 316 Page 21 of 316 Page 22 of 316 Page 23 of 316 Page 24 of 316 Page 25 of 316 Page 26 of 316 Page 27 of 316 Page 28 of 316 Page 29 of 316 Page 30 of 316 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6808 (Hinman)(10 Minutes) Date: December 10, 2020 Department: Administration Attachments: Ordinance No. 6808 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: The Auburn Junior City Council desires to have more flexibility in their meeting times and also a desire to make recruiting new members more efficient by changing some of the language of the Auburn City Code that dictates their operations. Rev iewed by Council Committees: Councilmember:Staff:Hinman Meeting Date:December 14, 2020 Item Number: Page 31 of 316 -------------------------------- Ordinance No. 6808 November 30, 2020 Page 1 of 4 Rev. 2020 ORDINANCE NO. 6808 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 2.07.040(A), 2.07.040(E), AND 2.07.070(A) OF THE AUBURN CITY CODE RELATING TO THE AUBURN JUNIOR CITY COUNCIL MEMBERSHIP NOMINATIONS AND MEETINGS WHEREAS, the Auburn Junior City Council (“AJCC”) was created and established in 2013 by Ordinance 6441; and WHEREAS, the City Council established the AJCC to serve as an advisory body to the Auburn City Council, and other city boards, commissions, and City staff to provide the youth perspective on all City functions; and WHEREAS, ACC 2.07.040(E) requires that the Mayor and City Council annually solicit nominations from the school principals for AJCC membership; and WHEREAS, there is a desire to increase membership in AJCC; and WHEREAS, the City Council desires to permit membership nominations for the AJCC more frequently to encourage and promote membership and participation in the AJCC; and WHEREAS, City staff, the City Council, and the AJCC seeks to modify the application process to allow for an application packet supported by letters of recommendation for interested individuals to apply for membership; and WHEREAS, ACC 2.07.060(A)(1) states that the AJCC will be responsible for holding regular public meetings at least once a month; and WHEREAS, ACC 2.07.070(A)(1) states that the AJCC will be responsible for holding regular public meetings once a month; and Page 32 of 316 -------------------------------- Ordinance No. 6808 November 30, 2020 Page 2 of 4 Rev. 2020 WHEREAS, ACC 2.07.070(A)(1) states that the AJCC shall hold meetings in the Auburn City Council Chambers at City Hall; and WHEREAS, the AJCC desires to hold meetings more frequently and allow for flexibility to change regular meeting times and location; and WHEREAS, City staff recommends modification to the code language for consistency and flexibility regarding meeting times and locations and to improve the AJCC membership processes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Section 2.07.040 of the Auburn City Code is amended to read as follows: 2.07.040 Membership A. The Auburn junior city council shall consist of nine members and nine alternate members. The members and the alternate members shall be appointed by the mayor, and confirmed by the city council from among students who have been nominated by the principals of the schools that they attend, with input from their teachers and counselors submit a completed application. The nomination of members and alternates shall be based upon consideration of criteria including: interest in government, positive participation in civics classes, academic accomplishments, involvement in school and community activities and other factors that identify a prospective member as a valuable contributor to the Auburn junior city council. Those considering prospective members, making nominations and appointing or confirming members to the junior city council shall endeavor to include diverse members of the city’s population, including one or more representatives of the Muckleshoot Indian Tribe. …. E. Each member and alternate member shall serve a term of two years. Interested students shall submit a completed application that includes a letter of recommendation from the principal the of school they attend and one teacher or counselor to the mayor. The mayor and city council will shall solicit nomination from the school principals, and appoint and confirm new members and alternates to fill the expiring terms on the Auburn junior city council. The city council may remove an Auburn junior city council member or Page 33 of 316 -------------------------------- Ordinance No. 6808 November 30, 2020 Page 3 of 4 Rev. 2020 alternate member at any time if the city council determines that member is not fulfilling their responsibilities to the satisfaction of the city council. Members and alternate members of the junior city council who fail to attend two consecutive regular meetings of the junior city council without being excused by the chairperson, or excused by a majority of the membership of the junior city council, shall forfeit their positions on and be removed from the junior city council. Section 2. Amendment to City Code. Section 2.07.070(A) of the Auburn City Code is amended to read as shown as follows: 2.07.070 Meetings A. The regular meetings of the junior city council shall be held at least once per month at a regularly scheduled date and time, and shall be held in the Auburn city council chambers City Hall or at a location as published in the meeting notice. Section 3. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 4. 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 5. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR Page 34 of 316 -------------------------------- Ordinance No. 6808 November 30, 2020 Page 4 of 4 Rev. 2020 ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 35 of 316 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5563 (Tate)(20 Minutes) Date: December 8, 2020 Department: Community Development Attachments: Resolution No 5563 CDBG 2021 Annual Action Plan PowerPoint 2021 Draft Annual Action Plan Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: Every year, the City of Auburn is required to submit an Annual Action Plan to the Department of Housing and Urban Development (HUD) to guide the investment of Community Development Block Grant (CDBG) funds for the following program year. Auburn’s current Action Plan ends in 2020 with the next plan year scheduled to start on January 1, 2021. The 2021 Annual Action Plan is guided by the priorities and goals established in the 2020 – 2024 Consolidated Plan adopted by City Council in November 2019. The Action Plan outlines the specific programs and activities to be undertaken for the program year and the amount of funds that will be awarded to those projects. The program year for the City of Auburn begins January 1 and ends December 31. A Public Hearing to consider this Plan and hear public comment was held before the City Council on December 7, 2020 in accordance with Auburn’s Citizen Participation Plan for Community Development Block Grant funds. Resolution No. 5563, if adopted by City Council, adopts the 2021 Annual Action Plan, and authorizes the Mayor to implement such administrative procedures as may be necessary to carry out directions of the legislation. Rev iewed by Council Committees: Councilmember:Trout-Manuel Staff:Tate Meeting Date:December 14, 2020 Item Number: Page 36 of 316 Page 37 of 316 RESOLUTION NO. 5563 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING THE 2021 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN FOR THE CONSOLIDATED PLAN YEARS 2020-2024 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, to be eligible for funding, the City of Auburn must annually update the action plan for its Consolidated 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; and WHEREAS, the City Council of the City of Auburn heard and considered public comment about its proposed 2021 Action Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Page 38 of 316 Section 1. Pursuant to the provisions of 24 CFR 91, the City hereby adopts the 2021 Action Plan for the Consolidated Plan for Years 2020-2024. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2020. CITY OF AUBURN ________________________________ NANCY BACKUS, MAYOR ATTEST: _________________________ Shawn Campbell, City Clerk APPROVED AS TO FORM: _________________________ Kendra Comeau, City Attorney Page 39 of 316 AUBURN VALUES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CITY COUNCIL STUDY SESSION CDBG 2021 ANNUAL ACTION PLAN PRESENTED BY DEPARTMENT OF COMMUNITY DEVELOPMENT DECEMBER 14, 2020 Department of Community Development Planning Building Development Engineering Permit Center Sustainability Community Services ●Code EnforcementPage 40 of 316 General Fund Human Services dollars $680,000 Competitive funding for direct service nonprofit agencies Guided by Human Services Funding Priorities set by Council Approved by City Council every other year during budget process CDBG dollars $630,000* Funds support city’s Housing Repair program, public facility ADA improvements, public services (limited), and some economic development activities Guided by Consolidated Plan and Annual Action Plans Approved by City Council every year GENERAL FUND VS CDBG Page 41 of 316 BACKGROUND Page 42 of 316 The CDBG Entitlement Program provides annual grants on a formula basis to entitled cities to develop viable urban communities. Projects must: •Align with HUD’s National Objectives •Be eligible under HUD’s guidelines •Benefit low and moderate income persons COMMUNITY DEVELOPMENT BLOCK GRANT SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONPage 43 of 316 CDBG ADMINISTRATIVE REQUIREMENTS •Five Year Consolidated Plan •Eligibility Reviews •Annual Action Plans •Consolidated Annual Performance Evaluation Report (CAPER) •Annual Subrecipient Monitoring •Financial Management •Project Management •Environmental Reviews •Procurement Procedure •Lead Mitigation Page 44 of 316 EXAMPLES OF ELIGIBLE ACTIVITIES FOR CBDG FUNDS •Acquisition of Real Property •Public Facility ADA improvements •Site Preparation •Public Services (up to 15% of annual allocation) •Home Rehabilitation •Economic Development Activities •Job Creation for Low -Income Individuals •Microenterprise Assistance •Homeownership Assistance •Planning and Capacity Building •Program Admin Costs (up to 20% of annual allocation) Page 45 of 316 CDBG PROJECT EXAMPLES PAST AND PRESENT •Housing Repair Program (Rehabilitation) •Employment Training (Public Service) •Healthcare to under and uninsured Auburn residents (Public Service) •Les Gove Bathroom ADA Upgrade (Public Facility Improvement) •Annual ADA Sidewalk Projects Page 46 of 316 Affordable Housing –Ensure access to healthy, affordable housing for low -and moderate-income households throughout the region and advance fair housing to end discrimination and overcome historic patterns of segregation. Ending Homelessness –Make homelessness rare, brief, and one-time and eliminate racial disparities. Community and Economic Development –Establish and maintain healthy, integrated, and vibrant communities by improving the well-being and mobility of low -and moderate-income residents, and focusing on communities with historic disparities in health, income, and quality of life. CONSOLIDATED PLAN GOALS Page 47 of 316 2021 ANNUAL ACTION PLAN Page 48 of 316 March –May: Application process for General Fund and CDBG Public Service funding September 27: Recommendations for CDBG-funded Public Service activities approved by Human Services Committee. October 26: First Public Hearing for 2021 AAP at Human Services Committee. November 5 –December 7: 30 day public comment period for 2021 AAP. Draft available on City website and by request. December 7: Second Public Hearing for 2021 AAP at City Council. TIMELINE: DRAFTING THE 2021 AAP Page 49 of 316 •Expected CDBG Funding Allocation: $630,000 •Public Services (Subject to 15% Cap): $90,000 •Based on priorities in the Council-adopted 2020-2024 Consolidated Plan •Solid Ground Housing Stability Project: $55,000 •Time limited rental assistance to Auburn residents paired with supportive services based on the progressive engagement model to support homelessness prevention and increased housing stability. •King County Housing Justice Project: $15,000 •Legal representation and support to low -income residents threatened with eviction •Fair Housing Public Service Activity: $20,000 •Via RFP in 2021 •Based on the priorities established with the Analysis of Impediments to Fair Housing Choice •Housing Repair: $350,000 •At least 65 low -to moderate-income Auburn homeowners served •Over 70% Seniors or Disabled •Sidewalk Accessibility Improvements: $75,000 •Provide sidewalk ADA improvements in low -to moderate-income areas of Auburn, improving accessibility, safety, and community connectedness. •Administration (Subject to 20% Cap): $115,000 2021 ANNUAL ACTION PLAN AT A GLANCE Page 50 of 316 Resolution 5563 Adopting the 2021 Community Development Block Grant Action Plan for the Consolidated Plan Years 2020-2024 scheduled for December 21, 2020 Council meeting. NEXT STEPS Page 51 of 316 THANK YOU Page 52 of 316 Annual Action Plan 2021 1 OMB Control No: 2506-0117 (exp. 06/30/2018) Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction Each year the City of Auburn executes specific actions to implement the goals and strategies of the Consolidated Plan for Years 2020-2024. Actions that will be undertaken in 2021 are outlined in this Annual Action Plan. The City of Auburn anticipates the receipt of approximately $630,000 in Community Development Block Grant (CDBG) funds in 2021. In addition to CDBG funds, the City is planned to allocate approximately 0.92% of the City's General Funds to Human Services. The City’s Human Services program, housed in the Community Services Division, oversees and is responsible for providing and managing financial resources to more than 30 non -profit agencies that serve the Auburn community. The Community Services division is also responsible for administering the local housing repair program and developing collaborations among community partners to strengthen the response to residents in need. The 2020 Action Plan proposes to allocate $90,000 of CDBG funds to public services. Most of those funds ($70,000) will be used to support Homelessness Prevention and Intervention. The remaining $20,000 will be allocated to Fair Housing public services, in keeping with our Consolidated Plan priorities and challenges identified in the 2019 Analysis of Impediments to Fair Housing Choice. Approximately $115,000 of the CDBG funds will be allocated to program administration, which includes planning, citizen participation, and administration of the City’s CDBG-funded Housing Repair Program. The remaining $350,000 will be allocated to residential rehabilitation, providing free minor home repair services to low- and very low-income Auburn residents. The City of Auburn is committed to continuing to focus on achieving equitable outcomes for its community members and achieving a greater collaboration among service providers. Overall the implementation of the Consolidated Plan is progressing as planned and all of the activities included are underway. 2. Summarize the objectives and outcomes identified in the Plan Page 53 of 316 Annual Action Plan 2021 2 OMB Control No: 2506-0117 (exp. 06/30/2018) This Action Plan allocates a total of $630,000 dollars in anticipated 2021 Community Development Block Grant funds, to support the Community Development Block Grant program. With the overall goal of reducing the number of people living in poverty within the City of Auburn, the following objectives and outcomes will be employed: 1. Affordable Housing: The City of Auburn will engage in housing activities, collaborations, and partnerships to enhance opportunities for the creation and preservation of affordable housing. The City will plan for and support fair housing strategies and initiatives designed to affirmatively further fair housing choice, and to increase access to housing and housing programs. 2. Ending Homelessness: The City of Auburn will support Public Service activities that work toward the following outcomes: 1) reduce the number of households becoming homeless; 2) reduce the length of time that households are homeless; 3) increase the rate of exits to permanent housing; and 4) reduce the number of households that re- enter the homeless system after exit to permanent housing. 3. Community and Economic Development: In an effort to meet the need of Auburn's economic and demographic growth the City intends to fund programs and activities that will enhance the economy, accessibility, safety, and physical appearance of neighborhoods. Activities that would be eligible for funding include fair housing public services, public infrastructure and ADA improvements for public facilities. These investments help to ensure equitable opportunities for good health, happiness, safety, self-reliance and connection to community. 4. Planning and Administration: Administer the Community Development Block Grant program to meet the community needs and HUD requirements To accomplish these outcomes and objectives, the City invests in programs that meet the community basic needs, increase self-sufficiency, provide economic opportunity and develop a safe community. 3. Evaluation of past performance During the past year Auburn has accomplished significant achievement on its programs and impacted the lives of thousands of residents. In 2019 alone, projects funded by the City completed the following: • 59 very low- and low-income Auburn homeowners received housing repair services. Roughly 70% of these homeowners were seniors. • Over 200 low to moderate income residents received free or low cost medical and/or dental care Page 54 of 316 Annual Action Plan 2021 3 OMB Control No: 2506-0117 (exp. 06/30/2018) • 9 Low-income Auburn residents received job training assistance. At least half obtained and maintained their job. • 3 Sidewalk projects were completed to support greater ADA accessibility for Auburn residents, with an estimated direct impact for 8,585 residents. 4. Summary of Citizen Participation Process and consultation process The city is engaged in a public participation process for the 2021 Annual Action Plan, as outlined below: • Drafts of the Action Plan have been made available for public via mail and on the City’s website and notices of its public view were publicized in the local newspaper as of November 5, 2020 • A public hearing was provided on October 26, 2020, during the City’s Human Services Committee meeting to hear public comment and input on priorities to be included in the 2021 Annual Action Plan. Consistent with local health guidelines related to COVID- 19, this public hearing was conducted virtually. • An additional public hearing will be provided on December 7, 2020, during the Auburn City Council meeting, to hear public comment and input on the published draft of the 2021 Annual Action Plan. Consistent with local health guidelines related to COVID-19, this public hearing will be conducted virtually. The City of Auburn in conjunction with the Consortium consulted with multiple public and private agencies during the development of the consolidated plan. Consultations occurred during regional meetings as well as in individual conversations. Agencies that participated in consultations regarding public services, fair housing, and other topics relevant to the drafting of the 2021 Annual Action Plan included: the King County Housing Authority, local legal assistance providers, other government human service providers and nonprofit agencies delivering services in Auburn and the sub-region. In addition to conducting consultations during the development of the plan, the City of Auburn collaborates and works closely with numerous coalitions, committees and government entities. 5. Summary of public comments Public comments received will be noted here. No public comments have been received at time of publishing. 6. Summary of comments or views not accepted and the reasons for not accepting them Page 55 of 316 Annual Action Plan 2021 4 OMB Control No: 2506-0117 (exp. 06/30/2018) Public comments received will be noted here. No public comments have been received at time of publishing. 7. Summary Public comments received will be noted here. No public comments have been received at time of publishing. Page 56 of 316 Annual Action Plan 2021 5 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency AUBURN Community Development Department CDBG Administrator AUBURN Community Development Department ESG Administrator KING COUNTY DCHS Table 1 – Responsible Agencies Narrative The City of Auburn, as a member of the King County Consortium, administers its own CDBG funds and prepares its own Consolidat ed Plan and Annual Action Plans for the administration of those funds. As a member of the King County Consortium, the City works closely with numerous nonprofit organizations in the region that implement programs funded by the City of Auburn CDBG program. A detailed list of agencies responsible for administering funde d programs by CDBG can be found in the Action Plan section of this document. Consolidated Plan Public Contact Information Joy Scott Community Services Manager City of Auburn 25 West Main Street Auburn, WA 98001 253.876.1965 jfscott@auburnwa.gov Page 57 of 316 Annual Action Plan 2021 6 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-10 Consultation - 91.100, 91.200(b), 91.215(l) 1. Introduction This section describes the community consultation process followed by the City of Auburn in developing the 2021 Annual Action Plan and the coordination with other local governments, the Continuum of Care, service agencies, and community stakeholders. The City of Auburn consulted with multiple public and private agencies as well as community members during the development of the Consolidated Plan. In addition to conducting consultations during the development of the plan, the City of Auburn collaborates and works closely with numerous coalitions, committees, and government entities throughout the duration of the plan in efforts to enhance strategies and systems to meet established goals and objectives of the plan. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, menta l health and service agencies (91.215(l)). The City of Auburn works closely with partnering King County jurisdictions, public housing authorities and health providers to develop systems in order to improve the quality of service and access for low-income residents as well as the community as a whole within the city and throughout the region. The City of Auburn, in partnership with the Seattle -King County Coalition on Homelessness, convenes a monthly group of service providers, faith communities, community advocates, and others, to coordinate efforts on serving individuals experiencing homelessness in South King County. The meeting provides a venue for resource sharing, collaboration, training, and best practice implementation. City staff also participate in regional collaborative and decision making bodies such as the King County Joint Recommendations Committee (JRC) and the South King County Human Services Planners group. The city is a member of the King County Human Services Funder Collaborative, which provides a more streamlined process for human service agencies to access funding from multiple cities. Additionally, the City participates in monthly Homelessness Action Committee meetings with staff from King County Department of Community and Human Services, Public Health King County, the Housing Development Consortium, Valley Cities, the Multi-Service Center, and the King County Housing Authority to review program progress and delivery of homeless services funded through regional efforts. In addition to these groups, the City’s regional collaboration Page 58 of 316 Annual Action Plan 2021 7 OMB Control No: 2506-0117 (exp. 06/30/2018) work on affordable housing is supported by the South King Housing and Homelessness Partners, which Auburn and other South King County Cities contribute to in order to build additional capacity to address issues related to housing and homelessness in the South King County region. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Since 2016, King County and All Home, our region’s Continuum of Care (CoC) lead agency, launched the Coordinated Entry for All (CEA) system for homeless populations and has been refining the system since then. National research identifies coordinated entry as a key component for an effective homeless system because it improves the quality of client screening and assessment, matches clients to appropriately targeted services and resources, and promotes a more efficient use of resources. CEA processes and prioritizes assistance based on vulnerability and severity of service needs to ensure that people who need assistance the most can receive it in a timely manner. A key feature of the CEA system includes a common assessment tool, the CEA Housing Triage Tool, which is based upon vulnerability and severity of service needs to ensure that people who need assistance the most can receive it in a timely manner. Chronically homeless individuals and families, families with children, veterans, unaccompanied youth, and young adults are a part of the coordinated system. In addition, CEA utilizes regional access points which serve as the primary “front door” for the homeless housing system. Auburn’s mayor has been connected to the county’s transition from All Home to the newly created Regional Homeless Authority. Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop perf ormance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The ESG program focuses on assisting people to quickly regain stability in permanent housing after experiencing homelessness or a housing crisis. Auburn does not receive ESG funds directly. Coordinating with King County’s Continuum of Care (CoC) is critical to our region’s implementation. The City will look for ways of participating in and collaborating with the newly established Regional Homelessness Authority and its Advisory Committee, which will serve as the Continuum of Care. The City of Auburn supports the continuum of housing including prevention, emergency shelter, transitional housing, and permanent housing. The City provides financial support for these efforts with Page 59 of 316 Annual Action Plan 2021 8 OMB Control No: 2506-0117 (exp. 06/30/2018) City general funds and also commits staff and leadership time to the ongoing development and implementation of the system to address the needs of persons experiencing homelessness. The City participates in and supports numerous coalitions and committees, such as the South King County Forum on Homelessness and the Homelessness Action Committee, focusing on developing resources in South King County. The City also participates in the annual Count Us In, Point in Time Count, which provides invaluable data for planning. The City provides both CDBG and local funds to agencies that serve chronically homeless individuals and families with children, veterans, and unaccompanied youth. 2. Agencies, groups, organizations and others who participated in the process and consultations 1 Agency/Group/Organization KING COUNTY Agency/Group/Organization Type Other government - County What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Non-Homeless Special Needs Market Analysis How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? As a member of the King County Housing Consortium for the purpose of HOME funds, Auburn works closely with King County in the development of the City's and the County's Consolidated Plan. Because the two entities have a cardinal role in each other's program delivery there is active participation from both parties in the development of the plan. Staff from King County and Auburn met regularly prior to and during the development of the plan, and Auburn rotates as a regular voting member of the County’s Joint Recommendations Committee. 2 Agency/Group/Organization KENT Agency/Group/Organization Type Other government - Local Page 60 of 316 Annual Action Plan 2021 9 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Housing Need Assessment Lead-based Paint Strategy Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Non-Homeless Special Needs Market Analysis Anti-poverty Strategy How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? As members of the Urban County Consortium, Auburn and Kent staff worked closely together during the development of the Consolidated Plan. Staff from both cities attend monthly meetings to discuss human services and housing trends, needs, and progress on ongoing initiatives. 3 Agency/Group/Organization FEDERAL WAY Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Lead-based Paint Strategy Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Non-Homeless Special Needs Market Analysis Anti-poverty Strategy How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? As members of the Urban County Consortium, Auburn and Federal Way staff worked closely together during the development of the Consolidated Plan. Staff from both cities attend monthly meetings to discuss human services and housing trends, needs, and progress on ongoing initiatives. 4 Agency/Group/Organization Housing Development Consortium of Seattle-King County Agency/Group/Organization Type Planning organization Page 61 of 316 Annual Action Plan 2021 10 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Auburn participates in monthly meetings convened by the Housing Development Consortium (HDC) on homeless response needs and strategy in SKC, and bimonthly meetings focused on affordable housing data and developments. The information collected by HDC helps to inform multiple pieces of our Consolidated Plan and Annual Action Plan, particularly those strategies related to homelessness and affordable housing in our community. 5 Agency/Group/Organization Seattle-King County Coalition on Homelessness Agency/Group/Organization Type Services-homeless Nonprofit agency What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Auburn is a member of the Seattle-King County Coalition on Homelessness (SKCCH), and co-convenes a monthly group of service providers working with people experiencing homelessness in our communities. The meetings provide a frequent check- in point, and the opportunity to hear from providers directly on the challenges and trends they're seeing in Auburn. The Coalition on Homelessness' organizational members include agencies and community groups that provide emergency shelter and services, transitional housing, and permanent, supported housing to the roughly 27,000 men, women, and children who are homeless in King County during one year. Page 62 of 316 Annual Action Plan 2021 11 OMB Control No: 2506-0117 (exp. 06/30/2018) 6 Agency/Group/Organization South King County Housing and Homelessness Partners Agency/Group/Organization Type Other government - Local Regional organization What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? South King Housing and Homelessness Partners (SKHHP) is a coalition formed by an interlocal agreement between the jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County. The agreement allows for South King County jurisdictions to work together and share resources in order to effectively address affordable housing and homelessness. This collaborative model is based on similar approaches used in Snohomish County, East King County, and other areas of the country. The purpose of the coalition is to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock. Page 63 of 316 Annual Action Plan 2021 12 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 2 – Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulti ng A wide range of groups and organizations participated in the process including public funders from Washington State and King County partner jurisdictions, public housing authorities, members from the Seattle-King County Housing Development Consortium, stakeholders, housing providers for low-and-moderate income persons, agencies who serve persons who are homeless, and Seattle- King County Public Health. In addition to the consultations referenced above, Auburn, King County and Consortium partner staf f coordinate closely with each other and fan out to participate and attend a wide range of standing meetings with city planners, housing and service providers. The only types of organizations not consulted with were corrections facilities. The rationale for no t consulting with these facilities is that the City does not host this type of organization. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care King County Regional Homeless Authority The goals of Auburn's Strategic Plan overlap with the goals of the CoC to address the needs of homeless residents in the community and reduce the risk of homelessness. Table 3 - Other local / regional / federal planning efforts Narrative Page 64 of 316 Annual Action Plan 2021 13 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 Citizen participation plays a crucial role in the success of the City's Annual Action Plan. The goals are to hear the communi ty's feedback and recommendations on how CDBG funds should be invested and how services can coordinate to achieve the greatest impact. In addition to the targeted outreach listed below, the City regularly engages service providers and stakeholders in discussions regarding human services and local economic development needs. Organizations funded by the city are monitored throughout the year and report quarterly on progress, trends, and challenges. City staff co-host a monthly meeting of service providers working with individuals and families experien cing homelessness in the region to gather feedback and support increased capacity building through broad collaboration of regional providers. In addition, City staff meet regularly with other cities in the area and other funders to evaluate gaps in services and seek solutions to local and regional community development challenges. 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. Public Hearing Non- targeted/broad community 2. Newspaper Ad Non- targeted/broad community 3. Web posting on City’s Human Services page Service providers in Auburn Table 4 – Citizen Participation Outreach Page 65 of 316 Annual Action Plan 2021 14 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 funding for the duration of the Consolidated Plan from • CDBG • City of Auburn General Fund allocation for Human Services 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 Public- federal Admin and Planning Fair Housing Public Improvements Public Services Estimated: $630,000 0 0 Estimated: $630,000 $2,520,000 Auburn is anticipating approximately $630,000 per year in CDBG funds for the remainder of the Consolidated Plan period. General Fund Public - local Public Services Estimated: $680,000 0 0 Estimated: $680,000 $2,720,000 Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Page 66 of 316 Annual Action Plan 2021 15 OMB Control No: 2506-0117 (exp. 06/30/2018) The City of Auburn relies on CDBG funds to support community and economic development projects and activities in efforts to support low to moderate income populations to become self-sufficient and sustain affordable housing. However, CDBG funds are not the only source of funds the City uses to support community projects and activities. The City's general funds are used to support direct services benefitting Auburn's at risk populations in addition to CDBG funds. CDBG funds do not require matching funds. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the ne eds identified in the plan N/A Discussion The City of Auburn will use CDBG funds to support all eligible pr ojects and activities that align with CDBG guidelines and regulations. Page 67 of 316 Annual Action Plan 2021 16 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Affordable Housing 2020 2024 Affordable Housing Public Housing Homeless Non-Homeless Special Needs Affordable Housing CDBG: $370,000 Homeowner Housing Rehabilitated: 65 Household Housing Unit Fair Housing Public Service Activities: 25 Persons Assisted 2 Ending Homelessness 2020 2024 Homeless Ending Homelessness CDBG: $70,000 Public service activities other than Low/Moderate Income Housing Benefit: 96 Persons Assisted 3 Community and Economic Development 2020 2024 Non-Homeless Special Needs Non-Housing Community Development Community and Economic Development CDBG: $75,000 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 500 Persons Assisted 4 Planning and Administration 2020 2024 CDBG: $115,000 Other: 0 Other Table 6 – Goals Summary Page 68 of 316 Annual Action Plan 2021 17 OMB Control No: 2506-0117 (exp. 06/30/2018) Goal Description 1 Goal Name Affordable Housing Goal Description The City of Auburn will engage in housing activities, collaborations, and partnerships to enhance opportunities for the creation and preservation of affordable housing. The City will plan for and support fair housing strategies and initiatives designed to affirmatively further fair housing choice, and to increase access to housing and housing programs. 2 Goal Name Ending Homelessness Goal Description The City of Auburn will support Public Service activities that work toward the following outcomes: 1) reduce the number of households becoming homeless; 2) reduce the length of time that households are homeless; 3) increase the rate of exits to permanent housing; and 4) reduce the number of households that re-enter the homeless system after exit to permanent housing. 3 Goal Name Community and Economic Development Goal Description In an effort to meet the need of Auburn's economic and demographic growth the City intends to fund programs and activities that will enhance the economy, accessibility, safety, and physical appearance of neighborhoods. Activities that would be eligible for funding include fair housing public services, public infrastructure and ADA improvements for public facilities. These investments help to ensure equitable opportunities for good health, happiness, safety, self-reliance and connection to community. 4 Goal Name Planning and Administration Goal Description General administration and project management Page 69 of 316 Annual Action Plan 2021 18 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 HOUSING REPAIR 2 ADMINISTRATION 3 SOLID GROUND HOUSING STABILITY PROGRAM 4 HOUSING JUSTICE PROJECT 5 FAIR HOUSING PUBLIC SERVICES 6 ADA SIDEWALK IMPROVEMENTS Table 7 – 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 Consolidated Plan funds. Should CDBG revenues exceed the proposed amount, the additional resources shall be allocated in accordance to the following guidelines: • Fill gaps in human services primarily healthcare, homeless prevention and intervention and affordable housing accessibility. • Increase funding for community development projects and activities including housing, community facilities and economic development. If increases are not significant enough to enhance projects or activities funds may be placed in contingency for programming later in the year or the following program year. Should CDBG revenues come in lower than anticipated; the City will continue with its planned policy and to the extent allowed reduce funding allocations in homeowner rehabilitation Page 70 of 316 Annual Action Plan 2021 19 OMB Control No: 2506-0117 (exp. 06/30/2018) projects and administrative activities. Should CDBG revenues come in less than originally proposed, the City will continue managing the programs with decreased resources to the extent possible and reduce funding allocations in administrative activities and not public services. Page 71 of 316 Annual Action Plan 2021 20 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-38 Project Summary Project Summary Information 1 Project Name Housing Repair Target Area None Goals Supported Affordable Housing Needs Addressed Affordable Housing Funding CDBG: $350,000 Description Maintain the affordability of decent housing for low-income Auburn residents by providing repairs necessary to maintain suitable housing for low income Auburn homeowners. Target Date 12/31/2021 Estimate the number and type of families that will benefit from the proposed activities An estimated 65 low- and very low-income families will benefit from the housing repair program. As the City's largest homeless prevention program, housing repair ensures the sustainability of a safe home for some of Auburn's most vulnerable residents. Of the 65 low to moderate income residents who apply for the program, over half of them are of the senior and disabled population. Location Description n/a Planned Activities Activities include minor home repairs. 2 Project Name Administration Target Area None Goals Supported All Needs Addressed Planning and Administration Funding CDBG: $115,000 Description General administration and project management Page 72 of 316 Annual Action Plan 2021 21 OMB Control No: 2506-0117 (exp. 06/30/2018) Target Date 12/31/2021 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 programs include: management of the housing repair program, management of all CDBG related finances, all grant reporting, monitoring of subrecipients and providing guidance of program implementation in Auburn. 3 Project Name Solid Ground Housing Stability Program Target Area Goals Supported End Homelessness Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $55,000 Description Provide time limited emergency subsistence/rental assistance to Auburn residents paired with supportive services based on the progressive engagement model to support homelessness prevention and increased housing stability. This is a public service activity. Target Date 12/31/2021 Estimate the number and type of families that will benefit from the proposed activities 26 low to moderate income Auburn residents will benefit from the housing stability program. Location Description n/a 4 Project Name Housing Justice Project Target Area none Goals Supported End Homelessness Page 73 of 316 Annual Action Plan 2021 22 OMB Control No: 2506-0117 (exp. 06/30/2018) Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $15,000 Description The King County Housing Justice project provides legal representation and support to low income residents threatened with eviction. Target Date 12/31/2021 Estimate the number and type of families that will benefit from the proposed activities 70 low to moderate income Auburn residents will benefit from the improvements. Location Description n/a Planned Activities Planned activities include free legal assistance via attorney consultations. This is a public service activity. 5 Project Name Fair Housing Public Services Target Area Goals Supported Affordable Housing Needs Addressed Ensure a Suitable Living Environment. Funding CDBG: $20,000 Description Make funds available through an RFP process to nonprofit agencies to provide Fair Housing services to Auburn residents. Target Date 12/31/2021 Estimate the number and type of families that will benefit from the proposed activities An estimated 25 low income households will benefit from the proposed activity. Location Description n/a Page 74 of 316 Annual Action Plan 2021 23 OMB Control No: 2506-0117 (exp. 06/30/2018) 6 Project Name ADA Sidewalk Accessibility Improvements Target Area none Goals Supported Community and Economic Development Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $75,000 Description Provide sidewalk ADA improvements in low- to moderate-income areas of Auburn, improving accessibility, safety, and community connectedness. Target Date 12/31/2021 Estimate the number and type of families that will benefit from the proposed activities 500 low to moderate income Auburn residents will benefit from the improvements. Location Description TBD Planned Activities Planned activities include sidewalk improvements to install missing sections or ADA-compliant curb ramps. Page 75 of 316 Annual Action Plan 2021 24 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low -income and minority concentration) where assistance will be directed The City of Auburn intends on distributing funds throughout the jurisdiction. Geographic Distribution Target Area Percentage of Funds Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically Due to the fact that all areas of Auburn have low to moderate income families dispersed throughout the entire City, the City intends on investing throughout the entire jurisdiction to ensure that all populations throughout the region have access to beneficial programs and housing opportunities. Discussion Due to the fact that all areas of Auburn have low to moderate income families dispersed throughout the entire City, the City intends on investing throughout the entire jurisdiction to ensure that all populations throughout the region have access to beneficial programs and housing opportunities. Page 76 of 316 Annual Action Plan 2021 25 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction The City of Auburn will continue to work with service providers, the housing authority and residents in coordination to fully address and develop systems and strategies to promote their efforts in providing sustainable, affordable housing. Auburn's partnerships with organizations such as the King County Housing Authority and the Housing Development Consortium of Seattle King County have allowed the City to explore new and in novative strategies to continue to offer affordable housing to its current and prospective residents. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housi ng such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City of Auburn will continue to look at policies that remove barriers to affordable hous ing. The City of Auburn's Comprehensive Land Use Plan includes several policies and objectives that will guide the city toward achieving its affordable and fair housing goals. These policies include maintaining flexibility in land use to achieve a balanced mix of affordable housing opportunities. The City will continue to pursue mixed use developments that are consistent with the transportation oriented developments located in Auburn 's downtown. The City will look for opportunities with public and private a gencies to implement policies and offer programs that help alleviate physical and economic distress, conserve energy resources, improve the quality and quantity of community services, and eliminate conditions that are detrimental to health, safety and public welfare. In 2019, the Washington State Legislature adopted House Bill 1923, which awarded grants in the amount up to $100,000 to citie s for the purpose of increasing residential capacity. The City of Auburn partnered with five other South King County jurisdictions to establish a sub-regional framework of existing conditions. The results of that effort are being used to inform and aid in the development of Auburn’s own Housing Action Plan. Page 77 of 316 Annual Action Plan 2021 26 OMB Control No: 2506-0117 (exp. 06/30/2018) Housing Action Plan efforts are focused on encouraging construction of additional affordable and market rate housing in a greater variety of housing types and at prices that are accessible to a greater variety of incomes, including strategies aimed at the for-profit single-family home market. The final Housing Action Plan will be required to be in compliance with state law, including adoption of grant-funded actions by City Council no later than April 1, 2021. In 2020 the City of Auburn passed an ordinance adopting a new chapter of Rental Housing Code. Included in this ordinance were multiple housing stability strategies, including increased notice of rental increases, a cap on late fees, and a Just Cause E viction Ordinance that requires landlords to have good cause in order to evict or terminate tenancy of a renter. Just Cause protections are especially helpful in addressing fair housing issues, and this adoption was consistent with the City’s efforts related to the Analysis of Impediments to Fair Housing Choice. This builds on previous protections passed by Auburn City Council, including Source of Income Discrimination protections and enhanced rental inspections. Page 78 of 316 Annual Action Plan 2021 27 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-85 Other Actions - 91.420, 91.220(k) Introduction The City of Auburn will continue to work with service providers throughout the region in coordination to develop systems and strategies to promote their efforts in providing optimal, easily accessible services. The City will work to reduce the number of families in poverty, sustain relationships with employment training agencies, and work to preserve and increase the affordable housing stock in our community. Actions planned to address obstacles to meeting underserved needs By establishing a strong foundation of networks between local service providers, stakeholders and government agencies through committees and coalitions, the City will work in partnership to address obstacles and ameliorate barriers to meeting underserved needs. The collaborated organizations will develop detailed strategic plans that will delegate tasks, build systems and ongoing assessment of service delivery. Actions planned to foster and maintain affordable housing The City will continue to maintain the affordability of decent housing for low income Auburn residents by allocating over $300,000 of CDBG funds to the City's Housing Repair Program. The program provides emergency repairs necessary to maintain safe housing for at least 65 Auburn homeowners, many of whom are senior citizens and/or are experiencing barriers to safely accessing their homes due to physical disabilities. In addition to Auburn's Housing Repair program, the City will maintain affordable housing by continuing to engage and partner with coalitions, committees and other government agencies to integrate and enhance efforts on the issue. The City is currently developing a Housing Action Plan, as discussed in AP -75, that will help guide future efforts in this area. Adoption of that Action Plan should take place in mid-2021. Auburn has been participating in multiple robust regional efforts to coordinate affordable housing activities in King County. One of these efforts, The South King Housing and Homelessness Partners (SKHHP) is a coalition formed by an interlocal agreement between the jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County. The agreement allows for South King County jurisdictions to work together and share resources in order to effectively address affordable housing and homelessness. This collaborative model is based on similar approaches used in Snohomish County, East King County, and other areas of the country. The purpose of the coalition is to increase the available options for South King County residents to access affordable housing and Page 79 of 316 Annual Action Plan 2021 28 OMB Control No: 2506-0117 (exp. 06/30/2018) to preserve the existing affordable housing stock. Additionally, the City of Auburn has been an active participant in the recently formed Affordable Housing Committee of the Growth Management Planning Council (GMPC), with a City Councilmember sitting on the Committee as a voting member. The Affordable Housing Committee serves as a regional advisory body to recommend action and assess progress toward implementing the Regional Affordable Housing Task Force (RAHTF) Five Year Action Plan. The Committee functions as a point in coordinating and owning accountability for affordable housing efforts across King County. Actions planned to reduce lead-based paint hazards The City of Auburn includes language in its CDBG contracts that require agencies to comply with HUD Lead-Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sections 4831, et seq.) requiring prohibition of the use of lead-based paint whenever CDBG funds are used. In addition, the City notifies residents of potential lead-based paint hazards when it awards a Housing Repair grant. A copy of the pamphlet – "Protect Your Family from Lead In Your Home" is provided each Housing Repair client when the City conducts the initial inspection of their home. The city takes additional measures when the age of the home indicates a possible presence of lead-based paint. Before housing repair work commences, the city contracts with a certified provider to undertake lead paint testing. When lead-based hazards are positively identified, the city works with the housing repair client and contractors certified in RRP Lead Abatement to implement the necessary mitigation and safety strategies. Actions planned to reduce the number of poverty-level families The City of Auburn's planned actions to reduce the number of poverty- level families within the context of this Annual Action Plan include but are not limited to: • Allocating $350,000 to the Housing Repair program, which serves low - and very low- income residents and supports households to remain in safe and affordable housing. • Allocating $75,000 to public service activities providing Homelessness Prevention and Intervention services. • Participate and partner with coalitions, committees and agencies that provide antipoverty services to develop and enhance strategies and efforts to reduce poverty level families. • Supporting the development and sustainability of affordable multi-family housing in Page 80 of 316 Annual Action Plan 2021 29 OMB Control No: 2506-0117 (exp. 06/30/2018) Auburn. In addition, the city will continue to support and fund programs serving families living in poverty through a competitive human services funding process. Actions planned to develop institutional structure The City's planned actions to address the gaps and weaknesses identified in the strategic plan include: • Maintaining partnerships with and participating in the South King County Housing and Homelessness Partnership, the Regional Homelessness Authority of King County and other regional human service providers, coalitions and committees who address homeless issues. The City will also continue to work collaboratively with partnering organizations and groups to integrate and enhance services to provide optimal services to individuals and families currently experiencing or at risk of homelessness. In addition the City plans to prioritize General Fund human services dollars for housing and homelessness interventions, and allocate more than $150,000 to basic needs services such as food, financial assistance, clothing and healthcare. • Take a comprehensive approach to consolidated and comprehensive planning to include all internal City departments, commissions, committees and task forces. Actions planned to enhance coordination between public and private housing and social service agencies The City of Auburn has heavily contributed and intends to continue cultiv ating relationships between public and private housing and social service agencies. In addition the City will continue to participate in collaborations with the South King County Forum on Homelessness, the South King County Council of Human Services, Seatt le-King County Housing Development Consortium and the King County Joint Planners Meeting. Discussion The expressed goal of the City's Consolidated Plan is to reduce the number of people living in poverty within Auburn. The City intends to give funding priority to programs that in addition to complying with federal regulations and address a priority a outlined in the Consolidated Plan are consistent with all of the goals and objectives identified. Page 81 of 316 Annual Action Plan 2021 30 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan 3. The amount of surplus funds from urban renewal settlements 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. 5. The amount of income from float-funded activities Total Program Income Other CDBG Requirements 1. The amount of urgent need activities Discussion Page 82 of 316 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5567 and 5568 (Tate)(20 Minutes) Date: December 8, 2020 Department: Coomunity Development Attachments: Resolution No. 5567 Resolution No. 5568 CDBG - CV Amendments PowerPoint Propos ed CDBG 2019 and 2020 Annual Action Plan Amendments Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Staff recommendation: Adopt Resolutions 5567 and 5568 at the December 21, 2020 City Council meeting. Background Summary: 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). In addition to making new CDBG-CV funds available, the Department of Housing and Urban Development (HUD) is allowing grantees to reallocate 2019 or 2020 program year CDBG funds to public services that respond to Coronavirus and lifting the 15% public service cap. HUD notified the City of Auburn on September 16, 2020 of a third round of funding for CDBG-CV, making $541,197 available for the City’s CDBG Coronavirus response. In addition to these funds, staff identified $205,000 of 2020 CDBG funds that can be reallocated to this purpose. These substantial amendments of the 2019 and 2020 Action Plans are requirements of HUD in order for the City of Auburn to receive the allocation related to the third funding round of CDBG-CV from the CARES Act and reallocate the 2020 CDBG funds identified. The attached plans are amended to incorporate $746,197 of CDBG and CDBG-CV funds to prevent, prepare for, and respond to the coronavirus. Of these CDBG-CV funds, the City is proposing that $699,660 will be allocated to Public Services, including COVID-related emergency subsistence (rental assistance) programs, childcare assistance, food access, employment support, and behavioral health services for youth experiencing homelessness, with the remaining $46,537 for program administration. Through these resolutions, the Mayor is provided the authority to implement administrative procedures necessary to carry out the directives of this plan. Page 83 of 316 Rev iewed by Council Committees: Councilmember:Trout-Manuel Staff:Tate Meeting Date:December 14, 2020 Item Number: Page 84 of 316 -------------------------------- Resolution No. XXXX December xx, 2020 Page 1 of 2 Rev. 2019 RESOLUTION NO. 5567 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 ADDITIONAL 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 85 of 316 -------------------------------- Resolution No. XXXX December xx, 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 $541,197 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 86 of 316 -------------------------------- Resolution No. XXXX December xx, 2020 Page 1 of 2 Rev. 2019 RESOLUTION NO. 5568 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING THE SUBSTANTIAL AMENDMENT TO THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN 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 reallocate funds received, a substantial amendment must be made to the 2020 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Page 87 of 316 -------------------------------- Resolution No. XXXX December xx, 2020 Page 2 of 2 Rev. 2019 Section 1. Pursuant to the provisions of 24 CFR 91, the 2020 Annual Action Plan previously adopted by the City of Auburn City Council is amended, consistent with the attached Exhibit “A”, reallocating approximately $205,000 of available CDBG funds 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 88 of 316 AUBURN VALUES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CITY COUNCIL STUDY SESSION CDBG 2019 AND 2020 COVID AMENDMENTS PRESENTED BY DEPARTMENT OF COMMUNITY DEVELOPMENT DECEMBER 14, 2020 Department of Community Development Planning Building Development Engineering Permit Center Sustainability Community Services ●Code EnforcementPage 89 of 316 General Fund Human Services dollars $680,000 Competitive funding for direct service nonprofit agencies Guided by Human Services Funding Priorities set by Council Approved by City Council every other year during budget process CDBG dollars $631,937* Funds support city’s Housing Repair program, public facility ADA improvements, public services (limited), and some economic development activities Guided by Consolidated Plan and Annual Action Plans Approved by City Council every year GENERAL FUND VS CDBG CDBG-CV dollars Page 90 of 316 The Coronavirus Aid, Relief and Economic Security Act (CARES Act) makes available $5 billion in supplemental Community Development Block Grant (CDBG) funding for grants to prevent, prepare for, and respond to coronavirus (CDBG-CV grants) The Department of Housing and Urban Development has announced the allocations of the first and third rounds in CARES Act funding for CDBG grantees Auburn’s initial CDBG-CV allocation: $371,805 Auburn’s third round CDBG-CV allocation: $541,197 BACKGROUND SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONPage 91 of 316 In April 2020, HUD released a memo entitled “CARES Act Flexibilities for CDBG Funds Used to Support Coronavirus Response” This provides additional flexibilities for entitlement jurisdictions related to their PY 2019 and 2020 allocations Cities can reallocate unspent or unallocated funds from these years for Coronavirus response, and are not subject to the 15% public service cap Due to COVID restrictions and limited agency capacity for previously planned activities, Auburn was able to identify $205,000 from PY 2020 that can be reallocated to support community Coronavirus Response. BACKGROUND Page 92 of 316 CDBG-EN Allocated annually Supports Housing Repair, fair housing activities, some public services, and sidewalk ADA improvements Plan for spending is incorporated into an Annual Action Plan adopted by City Council in the 4th quarter of the prior year Typically subject to 15% Public Services Cap Includes robust public input process that starts mid-year CDBG-CV In addition to our regular annual allocation Can only be used in direct response to COVID-19 Requires substantial amendment to Annual Action Plan that details spending plan No Public Services Cap Waivers available to support rapid deployment of funds COMPARISON OF CDBG FUNDS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONPage 93 of 316 Action plan amendment must provide plan for allocating all known CDBG-CV funds A portion of funds can be used for Planning and Administration (City staff time). CDBG-CV Funds cannot supplant any existing funding, including from the City’s General Fund. For public services, funds may be used to support a new service or demonstrably increase or expand existing services. City must ensure that no duplication of benefits occurs with CDBG Funds Funds must support direct response to COVID-19. CDBG-CV FUNDS Page 94 of 316 September 16: HUD notifies the City of Auburn that they will receive a Round 3 allocation of CV funds in the amount of $541,197 October 26: Human Services Committee approves NOFA process for CDBG and CDBG-CV funds totaling $746,197 October 28: NOFA opens for agencies to apply to receive CDBG funds for responding to COVID in Auburn November 23: After application review and scoring, Human Services Committee votes on recommended funding package for 2019 and 2020 Amendments December 21: City Council adopts resolution approving AAP amendments for 2019 (CV funds) and 2020 (reallocated CDBG funds) PROCESS FOR CDBG AND CDBG-CV ACTION PLAN AMENDMENTS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION December 2-7: Public Comment Period Page 95 of 316 Application period: October 28, 2020 –November 13, 2020 Simplified application with checklist of additional requirements if selected Agencies had to complete eligibility review with staff prior to submitting application Technical assistance from staff was available for any interested agency prior to 5pm on November 10 Applications received totaled $999,660 APPLICATION OVERVIEW Page 96 of 316 YMCA -Food Assistance: $75,000 YMCA’s Food assistance program is designed to deliver food to Auburn’s senior population living in local low -income housing communities. This basic needs service is critical to seniors in Auburn and will provide additional and much needed food access to seniors in King County Housing Authority locations, especially as more Public Health restrictions are instituted and virus spread continues. YMCA/NEXUS-Arcadia Shelter: $50,000 Funds will be used to provide additional staff capacity to provide mental health support to clients impacted by COVID-19. Access to mental and behavior health services has been identified as a area of importance by the Needs Assessment. Isolation and quarantining measures has exacerbated need for mental health resources. RECOMMENDED PROGRAMS Page 97 of 316 Orion-Employment Services: $50,000 Employment support is critical during this time when Auburn is seeing a high unemployment rate and residents will need training for a new field for employment. Orion has responded to this growing need for employment training and has the ability to provide both training for a path to employment and support to those entering a new field to maintain employment. Orion has demonstrated experience with managing federal funds. YMCA -Childcare Assistance: $150,000 YMCA’s Childcare program will serve Auburn families with school aged children, prioritizing BIPOC communities, to provide social and developmental support for children and the opportunity for parents to maintain or increase work productivity. There is a high community need to for childcare supports as families navigate and respond to remote learning structures. The YMCA has demonstrated experience with managing federal funds. RECOMMENDED PROGRAMS, CONTINUED Page 98 of 316 YWCA -Eviction Prevention and Career Navigation: $374,660 The combination of providing career and re-employment support along with rental assistance is an effective one to increase housing stability. This program would provide rental assistance for households to stabilize in the short term, along with employment retraining or placement services, to assist in long term stability. Of the $374,660, $300,000 would be made available for direct financial assistance. Administration and Planning: $46,537 Contingency: YMCA -Eviction Prevention: $300,000 This project is identified as a contingency project, recommended for a future CDBG-CV funding allocation (round 2) or if any of the identified projects are unable to utilize the funds awarded RECOMMENDED PROGRAMS, CONTINUED Page 99 of 316 September 16: HUD notifies the City of Auburn that they will receive a Round 3 allocation of CV funds in the amount of $541,197 October 26: Human Services Committee approves NOFA process for CDBG and CDBG-CV funds totaling $746,197 October 28: NOFA opens for agencies to apply to receive CDBG funds for responding to COVID in Auburn November 23: After application review and scoring, Human Services Committee votes on recommended funding package for 2019 and 2020 Amendments December 21: City Council adopts resolution approving AAP amendments for 2019 (CV funds) and 2020 (reallocated CDBG funds) PROCESS FOR CDBG AND CDBG-CV ACTION PLAN AMENDMENTS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION December 2-7: Public Comment Period Page 100 of 316 AUBURN VALUES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Department of Community Development Planning Building Development Engineering Permit Center Sustainability Community Services ●Code Enforcement THANK YOU Page 101 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 1 OMB Control No: 2506-0117 (exp. 06/30/2018) City of Auburn Community Development Block Grant Overview of Substantial Amendments to the 2019 and 2020 Annual Action Plans 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 additional 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. The Auburn City Council adopted the first substantial amendment to the 2019 Annual Action Plan in May, incorporating $371,805 in CDBG-CV round 1 funding. d. On September 16, 2020, HUD notified the City of an additional (round 3) CDBG-CV funding allocation of $541,197. e. Additionally, staff identified $205,000 in unspent 2020 funds that can be reallocated to support public services in the community responding to COVID-19. f. The City of Auburn released a Notice of Funding Availability for these funds in October 2020. Applications were reviewed and scored by the City’s Human Services Committee, which voted unanimously on which programs to include in the draft Amendments. g. Therefore, the City is proposing the following plan amendment to address needs in the community related to COVID-19 with CDBG and CDBG-CV funds. B. AMENDMENTS a. Amend the 2019 Annual Action Plan to allow for the allocation of $541,197 in CDBG-CV funds. b. Amend the 2020 Annual Action Plan to allow for the reallocation of $205,000 in unspent CDBG funds. c. Funds shall be awarded for the following purposes Project Total Allocation Public Services – YWCA Eviction Prevention and Career Navigation (CV) $374,660 Public Services – YMCA Childcare Assistance (CDBG and CV) $150,000 Public Services – YMCA Food Assistance for Seniors (CDBG) $75,000 Public Services – Orion Employment Services (CDBG) $50,000 Public Services – YMCA Arcadia Shelter (CDBG) $50,000 Administration (CV) $46,537 Total Funds Included in Amendments: $746,147 Page 102 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 2 OMB Control No: 2506-0117 (exp. 06/30/2018) City of Auburn CDBG 2019 Annual Action Plan Amendment 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 third funding round of Community Development Block Grant Coronavirus (CDBG-CV) from the CARES Act. This plan is amended to incorporate $541,197 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 $494,660 will be allocated to Public Services, with the remaining $46,537 for program administration. 2. Summarize the objectives and outcomes identified in the Plan This Action Plan Amendment allocates a total of $541,197 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 and career support for low to moderate income Auburn residents 2. Support childcare assistance for families impacted by 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 December 2 and December 7, 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 December 2, 2020. 5. Summary of public comments Comments received will be reflected here. Page 103 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 3 OMB Control No: 2506-0117 (exp. 06/30/2018) 6. Summary of comments or views not accepted and the reasons for not accepting them 7. Summary Page 104 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 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 December 2, 2020 – December 7, 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 December 2, 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 Any comments received will be reflected here. Table 1 – Citizen Participation Outreach Page 105 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 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 an additional $541,197 in CDBG-CV funds, for a total to date CDBG-CV allocation of $913,002. 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 $913,002 0 0 $913,002 Table 2 - Expected Resources – Priority Table Discussion The City of Auburn will use CDBG and CDBG-CV funds to support all eligible projects and activities that align with CDBG and CDBG-CV guidelines and regulations. Page 106 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 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. This amendment incorporates the following new projects: # Project Name 4 Public Services – Emergency Subsistence and Career Navigation 5 Public Services - Childcare 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. The City of Auburn released a Notice of Funding Availability on October 28, 2020, detailing the CV funds being made available and the application and review process. Staff were available to provide technical assistance through November 10, 2020, to any agency seeking to apply. Applications were reviewed and scored by the City’s Human Services Committee, with recommendations for funding approved at the November 23, 2020 Committee meeting. The following Public Service program areas are reflected in this amendment: YWCA Eviction Prevention and Career Navigation: The combination of providing career and re- employment support along with rental assistance is an effective one to increase housing stability. The City of Auburn has seen a significant increase in unemployment filings and housing and economic insecurity since the onset of the pandemic. YWCA is committed to serving those who are disproportionally impacted by job loss or housing instability due to COVID-19. YWCA has demonstrated experience with managing federal funds. YMCA Childcare Services (funded with a combination of CDBG-CV and 2020 reallocated funds): YMCA’s Page 107 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 7 OMB Control No: 2506-0117 (exp. 06/30/2018) Childcare program will serve Auburn families with school aged children, prioritizing BIPOC communities, to provide social and developmental support for children and the opportunity for parents to maintain or increase work productivity. There is a high community need to for childcare supports as families navigate and respond to remote learning structures. The YMCA has demonstrated experience with managing federal funds. Should additional CDBG-CV revenue be made available or one of the identified projects not fulfill their full contract amount, the additional resources shall be allocated to the following contingency project: YMCA Eviction Prevention: This program would provide up to three months of rental assistance to households facing housing instability or eviction due to the COVID-19 crisis. The program would work to stabilize households to prevent eviction. Page 108 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 8 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-38 Project Summary Project Summary Information Page 109 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 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 03/31/2021 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: $71,537 Description General CDBG-CV administration and project management Target Date 12/31/2021 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. Page 110 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 10 OMB Control No: 2506-0117 (exp. 06/30/2018) 3 Project Name COVID-Related Health Services 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. 4 Project Name Eviction Prevention and Career Navigation Target Area Goals Supported End Homelessness Ensure Decent, Affordable Housing Needs Addressed Funding CDBG-CV: $374,660 Description Respond to the impacts of COVID-19 on Auburn residents by providing emergency subsistence support paired with career navigation services for low to moderate income renters experiencing housing instability as a result of COVID-19. Target Date 12/31/2021 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. Page 111 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 11 OMB Control No: 2506-0117 (exp. 06/30/2018) Location Description n/a Planned Activities Provide emergency subsistence support along with career navigation to residents facing housing instability, addressing both the immediate and long term financial needs. 5 Project Name Childcare Assistance Target Area Goals Supported Ensure a Suitable Living Environment Needs Addressed Funding CDBG-CV: $120,000 CDBG 2020 Funds: $30,000 Description These funds will support a childcare program for Auburn families with school aged children impacted by COVID-19 to provide social and developmental support for children and the opportunity for parents to maintain or increase work productivity. Target Date 12/31/2021 Estimate the number and type of families that will benefit from the proposed activities At least 150 low to moderate income Auburn residents will have benefitted from the proposed activities. Location Description n/a Planned Activities Providing a childcare program for low to moderate income families impacted by COVID-19. Page 112 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 12 OMB Control No: 2506-0117 (exp. 06/30/2018) City of Auburn CDBG 2020 Annual Action Plan Amendment Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction The City of Auburn anticipates funding for the duration of the Consolidated Plan from • CDBG • City of Auburn General Fund allocation for Human Services 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 public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 631,937 632,034 0 51,182 683,119 683,216 2,520,000 Resources anticipated based on 2020 entitlement General Fund public - local Public Services 490,000 0 0 490,000 2,000,000 General fund allocation to human services in the community. Table 4 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local Page 113 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 13 OMB Control No: 2506-0117 (exp. 06/30/2018) funds), including a description of how matching requirements will be satisfied The City of Auburn relies on CDBG funds to support community and economic development projects and activities in efforts to support low to moderate income populations in the community. However, CDBG funds are not the only source of funds the City uses to support public services and community projects and activities. The City's general funds are used to support public services in addition to CDBG funds. CDBG funds do not require matching funds. Page 114 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 14 OMB Control No: 2506-0117 (exp. 06/30/2018) If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Discussion The City of Auburn will explore possibilities to utilize publicly owned land to address needs identified in the Consolidated Plan. Page 115 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 15 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Affordable Housing 2020 2024 Affordable Housing Public Housing Homeless Non-Homeless Special Needs Affordable Housing CDBG: $380,000 $160,000 Public Facility or Infrastructure Activities for Low/Moderate Income Housing Benefit: 5 Households Assisted Homeowner Housing Rehabilitated: 65 40 Household Housing Unit 2 Ending Homelessness 2020 2024 Homeless Ending Homelessness CDBG: $265,000 70,000 Public service activities other than Low/Moderate Income Housing Benefit: 165 Persons Assisted Public Service Activities to respond to COVID-19 in the community ($205,000): 173 persons assisted 3 Community and Economic Development 2020 2024 Non-Homeless Special Needs Non-Housing Community Development Community and Economic Development CDBG: $118,216 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 200 Persons Assisted 4 Planning and Administration 2020 2024 CDBG: $109,903 Other: 0 Other Page 116 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 16 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 5 – Goals Summary Goal Descriptions 1 Goal Name Affordable Housing Goal Description The City of Auburn will engage in housing activities, collaborations, and partnerships to enhance opportunities for the creation and preservation of affordable housing. The City will plan for and support fair housing strategies and initiatives designed to affirmatively further fair housing choice, and to increase access to housing and housing programs. 2 Goal Name Ending Homelessness Goal Description The City of Auburn will support Public Service activities that work toward the following outcomes: 1) reduce the number of households becoming homeless; 2) reduce the length of time that households are homeless; 3) increase the rate of exits to permanent housing; and 4) reduce the number of households that re-enter the homeless system after exit to permanent housing. 3 Goal Name Community and Economic Development Goal Description In an effort to meet the need of Auburn's economic and demographic growth the City intends to fund programs and activities that will enhance the economy, accessibility, safety, and physical appearance of neighborhoods. Activities that would be eligible for funding include fair housing public services, public infrastructure and ADA improvements for public facilities. These investments help to ensure equitable opportunities for good health, happiness, safety, self-reliance and connection to community. 4 Goal Name Planning and Administration Goal Description General administration and project management Page 117 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 17 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 118 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 18 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 Housing Repair 2 Healthpoint 3 Employment Training Program 4 Sidewalk Accessibility Improvements 5 Affordable Housing Capital Improvements 6 Planning and Administration 7 COVID-Related Food Assistance 8 COVID-Related Behavioral Health Services 9 COVID-Related Employment Services Table 6 – 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 Consolidated Plan funds. Changes have been made to allocations and goals to make funds available for responding to the effects of COVID-19 on low to moderate income Auburn residents. These funds utilize the flexibilities that HUD provided lifting the Public Services cap for programs that prevent, prepare for, or respond to Coronavirus. Should CDBG revenues exceed the proposed amount, the additional resources shall be allocated in accordance to the following guidelines: • Fill gaps in human services primarily healthcare, homeless prevention and intervention and affordable housing accessibility. • Increase funding for community development projects and activities including housing, community facilities and economic development. If increases are not significant enough to enhance projects or activities funds may be placed in Page 119 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 19 OMB Control No: 2506-0117 (exp. 06/30/2018) contingency for programming later in the year or the following program year. Should CDBG revenues come in lower than anticipated; the City will continue with its planned policy and to the extent allowed reduce funding allocations in homeowner rehabilitation projects and administrative activities. Should CDBG revenues come in less than originally proposed, the City will continue managing the programs with decreased resources to the extent possible and reduce funding allocations in administrative activities and not public services. Page 120 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 20 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-38 Project Summary Project Summary Information 1 Project Name Housing Repair Target Area Goals Supported Affordable Housing Needs Addressed Affordable Housing Funding CDBG: $350,000160,000 Description Maintain the affordability of decent housing for low-income Auburn residents by providing repairs necessary to maintain suitable housing for low income Auburn homeowners. Target Date 12/31/2020 Estimate the number and type of families that will benefit from the proposed activities An estimated 65 40 low to moderate income families will benefit from the housing repair program. As the City's largest homeless prevention program, housing repair ensures the sustainability of a safe home for some of Auburn's most vulnerable residents. Of the 65 40 low to moderate income residents who apply for the program, over half of them are of the senior and disabled population. Location Description n/a Planned Activities Activities include minor home repairs. 2 Project Name Healthpoint Target Area Goals Supported Ending Homelessness Needs Addressed Homeless Prevention and Intervention Funding CDBG: $60,000 Page 121 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 21 OMB Control No: 2506-0117 (exp. 06/30/2018) Description Providing healthcare services which include medical and dental to 150 or more low to moderate income, Auburn residents. This project is a public service activity. Target Date 12/31/2020 Estimate the number and type of families that will benefit from the proposed activities At least 150 low to moderate income Auburn residents will have benefitted from the proposed activities. Location Description n/a Planned Activities 4 Project Name Sidewalk Accessibility Improvements Target Area Goals Supported Community and Economic Development Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $ 118,216 Description Provide sidewalk ADA improvements in low- to moderate-income areas of Auburn, improving accessibility, safety, and community connectedness. Target Date 12/31/2020 Estimate the number and type of families that will benefit from the proposed activities At least 200 low to moderate income Auburn residents will benefit from the improvements. Location Description n/a Planned Activities Planned activities include sidewalk improvements to install missing sections or ADA-compliant curb ramps in the Forrest Villa area and on 2nd St SE between N St SE and Pike St SE 5 Project Name Affordable Housing Capital Improvements Page 122 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 22 OMB Control No: 2506-0117 (exp. 06/30/2018) Target Area Goals Supported Affordable Housing Needs Addressed Ensure a Suitable Living Environment. Funding CDBG: $30,000 Description Make funds available through an RFP process to nonprofit affordable housing providers in the City of Auburn for property improvements. Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities 5 low income households will benefit from the proposed improvements. Location Description n/a Planned Activities 6 Project Name COVID-Related Food Assistance Target Area Goals Supported Ending Homelessness Needs Addressed Food Access Funding CDBG: $75,000 Page 123 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 23 OMB Control No: 2506-0117 (exp. 06/30/2018) Description YMCA’s Food assistance program is designed to deliver food to Auburn’s senior population living in local low-income housing communities. This basic needs service is critical to seniors in Auburn and will provide additional and much needed food access to seniors in King County Housing Authority locations, especially as more Public Health restrictions are instituted and virus spread continues. Target Date 12/31/2021 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 Meal distribution to low income housing complexes in Auburn 7 Project Name COVID-Related Behavioral Health Services Target Area Goals Supported Ending Homelessness Needs Addressed Homeless Intervention Funding CDBG: $50,000 Description Funds will be used to provide additional staff capacity to provide mental health support to young adult shelter clients impacted by COVID-19. Access to mental and behavior health services has been identified as a area of importance by the Needs Assessment. Isolation and quarantining measures has exacerbated need for mental health resources. Target Date 12/31/2021 Estimate the number and type of families that will benefit from the proposed activities At least 60 low to moderate income Auburn residents will have benefitted from the proposed activities. Page 124 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 24 OMB Control No: 2506-0117 (exp. 06/30/2018) Location Description n/a Planned Activities 8 Project Name COVID-Related Employment Services Target Area Goals Supported Ending Homelessness Needs Addressed Homeless Prevention and Intervention Funding CDBG: $50,000 Description Employment support is critical during this time when Auburn is seeing a high unemployment rate and residents will need training for a new field for employment. Orion will provide both training for a path to employment and support to those entering a new field to maintain employment. Target Date 12/31/2021 Estimate the number and type of families that will benefit from the proposed activities At least 13 low to moderate income Auburn residents will have benefitted from the proposed activities. Location Description n/a Planned Activities Page 125 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 25 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low -income and minority concentration) where assistance will be directed The City of Auburn intends on distributing funds throughout the jurisdiction. Geographic Distribution Target Area Percentage of Funds Table 7 - Geographic Distribution Rationale for the priorities for allocating investments geographically Due to the fact that all areas of Auburn have low to moderate income families dispersed throughout the entire City, the City intends on investing throughout the entire jurisdiction to ensure that all populations throughout the region have access to beneficial programs and housing opportunities. Discussion Due to the fact that all areas of Auburn have low to moderate income families dispersed throughout the entire City, the City intends on investing throughout the entire jurisdiction to ensure that all populations throughout the region have access to beneficial programs and housing opportunities. Page 126 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 26 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-85 Other Actions - 91.420, 91.220(k) Introduction The City of Auburn will continue to work with service providers throughout the region in coordination to develop systems and strategies to promote their efforts in providing optimal, easily accessible services. The City will work to reduce the number of families in poverty, sustain relationships with employment training agencies, and work to preserve and increase the affordable housing stock in our community. Actions planned to address obstacles to meeting underserved needs By establishing a strong foundation of networks between local service providers, stakeholders and government agencies through committees and coalitions, the City will work in partnership to address obstacles and ameliorate barriers to meeting underserved needs. The collaborated organizations will develop detailed strategic plans that will delegate tasks, build systems and ongoing assessment of service delivery. Actions planned to foster and maintain affordable housing The City will continue to maintain the affordability of decent housing for low income Auburn residents by allocating over $300,000$160,000 of CDBG funds to the City's Housing Repair Program. The program provides emergency repairs necessary to maintain safe housing for at least 65 40 Auburn homeowners, many of whom are senior citizens and/or are experiencing barriers to safely accessing their homes due to physical disabilities. In addition to Auburn's Housing Repair program, the City will maintain affordable housing by continuing to engage and partner with coalitions, committees and other government agencies to integrate and enhance efforts on the issue. Auburn has been participating in multiple robust regional efforts to coordinate affordable housing activities in King County. One of these efforts, The South King Housing and Homelessness Partners (SKHHP) is a coalition formed by an interlocal agreement between the jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County. The agreement allows for South King County jurisdictions to work together and share resources in order to effectively address affordable housing and homelessness. This collaborative model is based on similar approaches used in Snohomish County, East King County, and other areas of the country. The purpose of the coalition is to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock. Additionally, the City of Auburn has been an active participant in the recently formed Affordable Housing Committee of the Growth Management Planning Council (GMPC), with a City Councilmember sitting on the Committee as a voting member. The Affordable Housing Committee serves as a regional advisory body to recommend action and assess progress toward implementing the Regional Affordable Housing Task Force (RAHTF) Five Year Action Plan. The Committee functions as a point in coordinating Page 127 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 27 OMB Control No: 2506-0117 (exp. 06/30/2018) and owning accountability for affordable housing efforts across King County. Actions planned to reduce lead-based paint hazards The City of Auburn includes language in its CDBG contracts that require agencies to comply with HUD Lead-Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sections 4831, et seq.) requiring prohibition of the use of lead-based paint whenever CDBG funds are used. In addition, the City notifies residents of potential lead-based paint hazards when it awards a Housing Repair grant. A copy of the pamphlet – "Protect Your Family from Lead In Your Home" is provided each Housing Repair client when the City conducts the initial inspection of their home. The city takes additional measures when the age of the home indicates a possible presence of lead- based paint. Before housing repair work commences, the city contracts with a certified provider to undertake lead paint testing. When lead-based hazards are positively identified, the city works with the housing repair client and contractors certified in RRP Lead Abatement to implement the necessary mitigation and safety strategies. Actions planned to reduce the number of poverty-level families The City of Auburn's planned actions to reduce the number of poverty- level families within the context of this Annual Action Plan include but are not limited to: • Allocating $10,000 to employment and training programs • Allocating $60,000 to healthcare services targeted at families who are uninsured or underinsured • Prioritizing Public Service COVID response for low to moderate income households in Auburn, including food assistance for low-income seniors, behavioral health services for young adults experiencing homelessness, and employment services to help support re-training and re- employment. Additionally, $30,000 of 2020 CDBG funds have been allocated to COVID-related childcare services through a 2019 AAP Amendment. • Participate and partner with coalitions, committees and agencies that provide antipoverty services to develop and enhance strategies and efforts to reduce poverty level families • Supporting the development and sustainability of affordable multi-family housing in Auburn In addition, the city will continue to support and fund programs serving families living in poverty through Page 128 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 28 OMB Control No: 2506-0117 (exp. 06/30/2018) a competitive human services funding process. Actions planned to develop institutional structure The City's planned actions to address the gaps and weaknesses identified in the strategic plan include: • Maintaining partnerships with and participating in the South King County Housing and Homelessness Partnership, All Home of King County and other regional human service providers, coalitions and committees who address homeless issues. The City will also continue to work collaboratively with partnering organizations and groups to integrate and enhance services to provide optimal services to individuals and families currently experiencing or at risk of homelessness. In addition the City plans to allocate $250,000 to emergency shelters and homelessness intervention services, and more than $60,000 to emergency services such as food, financial assistance, clothing and healthcare. • Take a comprehensive approach to consolidated and comprehensive planning to include all internal City departments, commissions, committees and task forces. Actions planned to enhance coordination between public and private housing and social service agencies The City of Auburn has heavily contributed and intends to continue cultivating relationships between public and private housing and social service agencies. In addition the City will continue to participate in collaborations with the South King County Forum on Homelessness, the South King County Council of Human Services, Seattle-King County Housing Development Consortium and the King County Joint Planners Meeting. In 2016 the City of Auburn started participating in Affordable Housing Week through the Housing Development Consortium along with other public and private housing agencies in King County to continue our partnerships in providing affordable housing in the region. The City will continue its participation in this annual event and look for other similar opportunities to raise build partnerships to support the preservation and enhanced affordability of housing in our community. Discussion The expressed goal of the City's Consolidated Plan is to reduce the number of people living in poverty within Auburn. The City intends to give funding priority to programs that in addition to complying with federal regulations and address a priority a outlined in the Consolidated Plan are consistent with all of the goals and objectives identified. Page 129 of 316 Annual Action Plan Substantial Amendments 2019 and 2020 29 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction The City of Auburn does not anticipate receiving any program income during the 2020 Annual Action Plan year. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan 3. The amount of surplus funds from urban renewal settlements 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. 5. The amount of income from float-funded activities Total Program Income Page 130 of 316 AGENDA BILL APPROVAL FORM Agenda Subject: End of Year Capital Projects Status Report (Gaub)(10 Minutes) Date: December 7, 2020 Department: Public Works Attachments: Capital Projects Status Report Pres entation Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: The purpose of this discussion is to inform the Council and Public of the overall status of the City’s Capital Project program managed by the Engineering Services Division. The Capital Project Group of Engineering Services is currently managing 36 projects, totaling approximately $60 million in total project costs. Of these projects, 20 are in design and 16 are under construction. Within the next 2 months, 5 projects that are currently in design are expected to enter the construction phase. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:December 14, 2020 Item Number: Page 131 of 316 Page 132 of 316 Page 133 of 316 Page 134 of 316 Page 135 of 316 Page 136 of 316 Page 137 of 316 Page 138 of 316 Page 139 of 316 Page 140 of 316 Page 141 of 316 Page 142 of 316 Page 143 of 316 Page 144 of 316 Page 145 of 316 Page 146 of 316 Page 147 of 316 Page 148 of 316 Page 149 of 316 A U B U R N V A L U E S S E R V I C E E N V I R O N M E N T E C O N O M Y C H A R A C T E R S U S T A I N A B I L I T Y W E L L N E S S C E L E B R A T I O N ENGINEERING SERVICES END OF YEAR CAPITAL PROJECT STATUS REPORT UPDATE RYAN VONDRAK CITY COUNCIL STUDY SESSION DECEMBER 14, 2020 Public Works Department Engineering Services Airport Services Maintenance & Operations Services Page 150 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 23 projects entered or continued construction in 20 20 (Approximate total value of $32 million) ·Preservation or reconstruction of approximately 23 lanes miles of new pavement ·Replacing over 12,500 linear feet of water main ·Replacing 7 large water meters and vaults ·Replacing over 8,600 linear feet of storm drain pip e CAPITAL PROJECTS – 2020 STATS Page 151 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION ·Replacing nearly 450 linear feet of sanitary sewer pipe ·Upgrading electrical components within 12 sanitary sewer pump stations ·Installing nearly 4 miles of new traffic signal com munication lines ·Installing 5 Rectangular Rapid Flashing Beacon (RRF B) pedestrian crossings CAPITAL PROJECTS – 2020 STATS CONTINUED Page 152 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION ·Installing 3 new roadway Dynamic Message Signs ·Converting 2,850 cobra-head style city owned street lights citywide to LED fixtures ·Installing over 6,500 linear feet of new or replace d sidewalks and upgraded numerous curb ramps to meet Americans with Disabilities Act (ADA) requirements ·Lengthening the Auburn Municipal Airport runway by 441 feet CAPITAL PROJECTS – 2020 STATS CONTINUED Page 153 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Capital Project Status Report Monthly Email Quarterly Council Update City Website - Interactive Project Mapping Tool https://maps.auburnwa.gov/Html5Viewer/i ndex.html?viewer=capitalprojects STAYING INFORMED Page 154 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION STAYING INFORMED CONTINUED City Website – Interactive Traffic Advisory Mapping Tool https://auburn.maps.arcg is.com/apps/opsdashboar d/index.html#/4a9141ef 90fe4217a8a212705236 ac66 Page 155 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CAPITAL PROJECTS – CURRENT STATUS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 36 Active Capital Projects (Approximate total proje ct value $60 million) 20 in Design Phase (Approximate total project value $26 million) 16 in Construction Phase (Approximate total project value $34 million) Page 156 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CAPITAL PROJECTS – ADVERTISED FOR CONSTRUCTION SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 0.0 5.0 10.0 15.0 20.0 25.0 2017 (17) 2018 (13) 2019 (17) 2020 (17)* 21.0 13.0 20.1 21.3 TOTAL VALUE OF PROJECTS IN CONSTRUCTION(MILLIONS)YEAR (# PROJECTS FORMALLY BID) Page 157 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CP2003 2ND STREET SE PRESERVATION - (Page 13 of 19 in CPS Report) - Roadway Reconstruction - Street Lighting Improvements - 450 ft of Sanitary Sewer Improvements - Storm Drainage Improvements - Upgrade Curb Ramps - Design 2020 – Construction 2021 Page 158 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CP2011 LAKELAND HILLS WAY PRESERVATION - (Page 14 of 19 in CPS Report) - Patch, Grind and Overlay Pavement - Upgrade Curb Ramps - Replace Vehicle Detection Loops - Design 2020 - Construction 2021 Page 159 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CP2012 M STREET SE SIDEWALK IMPROVEMENTS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION - (Page 13 of 19 in CPS Report) - Construct Missing Sections of Sidewalk - Upgrade Curb Ramps - Design 2020 – Construction 2021 Page 160 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CP2007 LEA HILL ROAD BRIDGE DECK PRESERVATION - (Page 16 of 19 in CPS Report) - Grind and Overlay Bridge Deck - Design 2020 – Construction 2021 Page 161 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CP2006 3RD STREET SW BRIDGE DECKS PRESERVATION - (Page 17 of 19 in CPS Report) - Grind and Overlay Bridge Decks - Design 2020 – Construction 2021 Page 162 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 4 TH ST SE FROM AUBURN WAY SOUTH TO L ST SE SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION - Roadway Preservation and Reconstruction - 1,700 LF of Water Improvements - 880 LF of Sewer Improvements - Replace sections of Sidewalk to meet ADA - Street Lighting Improvements - Design 2021 – Construction 2022 Page 163 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION REGIONAL GROWTH CENTER ACCESS IMPROVEMENTS - New Northbound left turn lane onto 3 rd St NE - Pedestrian improvements including new north/south crosswalk at 3rd St NE - Signal modifications at 4 th St NE/Auburn Way North - Design 2021 – Construction 2023 Page 164 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION R ST SE/29 TH ST SE INTERSECTION IMPROVEMENTS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION - Construct a new signal at 29 th St SE Intersection - Pavement re-channelization and additional southbound through lane - Design 2021 – Construction 2024 Page 165 of 316 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6763 (Tate)(30 Minutes) Date: December 8, 2020 Department: Community Development Attachments: Ordinance No.6763 2018 Building Code Updates PowerPoint Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Staff Recommendation: Schedule Ordinance No. 6763 for action by City Council at the regular meeting on January 4, 2021. Background Summary: The Washington State Building Code Council has adopted updated 2018 building codes and related standards and associated State amendments. This is a recurring update that typically occurs every three (3) years in response to the publication of updated codes and standards by the International Code Council and associated organizations. The 2018 codes were scheduled to go into effect on July 1, 2020. Due to COVID 19 the implementation date was delayed to February 1, 2021. The Planning Commission recommendation to adopt amendments to ACC Title 15 is being brought forward to City Council to ensure that adoption of the new codes and associated amendments occurs in conjunction with the effective date as adopted by the Washington State Legislature. Rev iewed by Council Committees: Councilmember:Brown Staff:Tate Meeting Date:December 14, 2020 Item Number: Page 166 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 1 of 63 Rev. 2021 ORDINANCE NO. 6763 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO BUILDING CODES, AND AMENDING SECTIONS 15.04.080, 15.04.090, 15.06.010, 15.07.010, 15.07.20, 15.07.030, 15.07.050, 15.07.080, 15.07.090, 15.07.100, 15.07.110, 15.07.130, 15.08A.011, 15.08A.041, 15.08A.051, 15.36A.011, 15.36A.031, 15.36A.041, 15.36A.045, 15.36A.063, 15.36A.091, 15.48.040, AND 15.74.050, ADDING NEW SECTIONS TO CHAPTERS 15.36A AND 15.20, AND REPEALING SECTIONS 15.06.020, 15.06.040, 15.06.050 15.36A.025, 15.36A.041 AND CHAPTER 15.38A OF THE AUBURN CITY CODE WHEREAS, the Auburn City Code includes a variety of chapters adopting various codes related to the building of structures; WHEREAS, the State of Washington promulgates some of these codes, updates them periodically, and requires, through RCW 19.27, that local jurisdictions to adopt and implement the standard codes; WHEREAS, the State of Washington has promulgated updated codes and has approved them for adoption by local jurisdictions; and WHEREAS, city staff and VRFA staff have reviewed the city’s building-related codes, have identified amendments to update or supplemented these codes, and have identified desired amendments to the provisions of the State-adopted codes; and WHEREAS, in Ordinance No. 6744, the city council removed from Chapter 15.20 the amendments to the International Property Maintenance Code and moved them to Chapter 15.06. However, later revisions to the code revealed that relocating the amendments back into Chapter 15.20 is more consistent with the overall organization of title 15 and clearer. Page 167 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 2 of 63 Rev. 2021 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Sections 15.04.080 and 15.04.090 of Chapter 15.04, General Provisions, of the Auburn City Code are amended to read as follows. 15.04.080 Violation – Penalty. Unless another penalty is expressly provided by the chapters of this title, the codes adopted by this title, or other law, any violation of this chaptertitle shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 6601 § 3, 2016; Ord. 4502 § 14, 1991; Ord. 3609 § 4, 1981.) 15.04.090 Enforcement. Pursuant to ACC 15.07.030 and 15.07.040 the building official is authorized to enforce the provisions of this title. Recognizing the authority and responsibility vested in the director under the codes adopted by this title, the building official is authorized to promulgate such rules, policies and/or procedures as deemed necessary to carry out the intent of this title and provide for the efficient operation of the permit process as it may be administered by the building official and staff. In so doing, the building official may, from time to time, and notwithstanding other provisions of this title: A. Record with the county auditor’s office notices of building permit and/or land use compliance related activity regarding a specific site, which, after reasonable efforts in working with a property owner, is not brought into conformance with the provisions of this title, or notices and orders as called for under the dangerous buildings code; and/or B. Call upon the auburn police chief to assist in the enforcement of this title. The chief or designee is authorized to issue criminal citations for violations of this title when criminal sanctions are appropriate under the Auburn City Code. (Ord. 5874 § 2, 2004.) Commented [JK1]: Updated to clarify that enforcement of all of Title 15 applies, not just the specific chapter. Commented [JK2]: Enforcement provisions appear in 15.07.030, 15.07.040 repealed due to conflict. Page 168 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 3 of 63 Rev. 2021 Section 2. Amendment to City Code. Section 15.06.010 of Chapter 15.06, International Codes, of the Auburn City Code is amended to read as follows. 15.06.010 International codes and other standards adopted. There is adopted by reference, upon the effective date of the ordinance codified in this chapter and upon filing with the city clerk one copy thereof, the following described chapters of the Washington Administrative Code, International Codes and standards, and Uniform Plumbing Code and standards together with appendix chapters, amendments, deletions and additions as set forth in this section or in the appropriate chapters in this code. A. International Building Code Adopted. The 20185 Edition of the International Building Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-50 WAC, is adopted by reference with amendments, deletions and additions thereto as provided in Chapter 15.08A ACC, Building Code. B. International Residential Code Adopted. The 20185 Edition of the International Residential Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-51 WAC, is adopted by reference, including excluding Chapter 11, “Energy Efficiency,” Chapters 25 through 33, “Plumbing,” and Chapters 34 through 43, “Electrical.” C. International Mechanical Code Adopted. The 20185 Edition of the International Mechanical Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, is adopted by reference. D. International Fire Code Adopted. The 20185 Edition of the International Fire Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-54A WAC, is Commented [JK3]: Prior language in error, WSBCC has not adopted Chapters 11 and 25-43 of the IRC. Chapter 11 regulated by 51-11R WAC (Washington State Energy Code - Residential); Chapters 25-33 regulated by 51-56 WAC (Uniform Plumbing Code); Chapters 34-43 regulated by 296- 46B WAC (National Electrical Code). Page 169 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 4 of 63 Rev. 2021 adopted by reference with amendments, deletions and additions thereto as provided in Chapter 15.36A ACC, Fire Code. E. National Fuel Gas Code (NFPA 54) Adopted. The 20185 Edition of ANSI Z223.1/NFPA 54 National Fuel Gas Code, as published by NFPA, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, is adopted by reference. F. Liquefied Petroleum Gas Code (NFPA 58) Adopted. The 20185 Edition of the Liquefied Petroleum Gas Code, as published by NFPA, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, is adopted by reference. G. International Fuel Gas Code Adopted. The 20185 Edition of the International Fuel Gas Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, is adopted by reference. H. Uniform Plumbing Code Adopted. The 20185 Edition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, as adopted and hereafter amended by the State Building Code Council in Chapter 51-56 WAC, is adopted by reference, including Chapter 12, “Fuel Piping,” Chapter 15, “Firestop Protection,” Appendix A, “Recommended Rules for Sizing the Water Supply System,” Appendix B, “Explanatory Notes on Combination Waste and Vent Systems,” Appendix C, “Alternate Plumbing Systems,” Appendix I, “Installation Standards,” and those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel-fired appliances as found in Chapter 5 and those portions of the code addressing building sewers. I. International Energy Conservation Code Adopted. The 20185 Edition of the International Energy Conservation Code, as published by the International Code Council, as amended by the State Building Code Council in Chapters 51-11C and 51-11R WAC. The most current Washington State Energy Code as established under Chapter 19.27A RCW (most recently amended in 2012). The Page 170 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 5 of 63 Rev. 2021 Washington State Energy Code, as adopted and hereafter amended by the State Building Code Council in Chapters 51-11C and 51-11R WAC, is adopted. J. International Property Maintenance Code Adopted. The 20185 Edition of the International Property Maintenance Code, as published by the International Code Council, is adopted by reference subject to the following deletions, exceptions and conditions in Chapter 15.20 ACC. 1. Code Official. For the purposes hereof, where the International Property Maintenance Code references the code official, that shall refer to and be construed to mean the building official as used in the city code. Unless the context clearly indicates otherwise, the terms “code official” and “building official” shall be synonymous. 2. Appendices Adopted. International Property Maintenance Code Appendix Chapter A, Boarding Standard, is hereby adopted. A copy of the International Property Maintenance Code Appendix Chapter A, Boarding Standard, shall be on file in the office of the city clerk. 3. Sections 103.1 and 103.5 amended. Sections 103.1 and 103.5 of the International Property Maintenance Code are amended to read as follows: 103.1 Department of property maintenance inspection. The department of community development and public works is responsible for implementation and enforcement of the International Property Maintenance Code. 103.5 Fees. The fees for activities and services performed by the city in carrying out its responsibilities under this code, including hearings conducted by the hearing examiner, shall be as indicated in the City of Auburn Fee Schedule. 4. Sections 107.2 and 107.3 amended. Sections 107.2 and 107.3 of the International Property Maintenance Code are amended to read as follows: 107.2 Notices and orders. Such notice prescribed in Section 107.1 shall be in accordance with the provisions of Chapter 1.25 regarding the form of notices. Commented [JK4]: 15.06.010 J 1-9 relocated to ACC 15.20. Specific amendments to adopted model codes currently are located within separate chapters. Relocation of amendments to the International Property Maintenance Code (IPMC) relocated to be consistent with this layout. Page 171 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 6 of 63 Rev. 2021 107.3 Method of service. Notices shall be deemed to be property served if delivered in accordance with the provisions of Chapter 1.25 regarding the method of services of notices. 5. Section 110 amended – Demolition. International Property Maintenance Code Section 110.1 is amended to read as follows: Section 110.1 General. The code official shall order the owner or owner’s authorized agent of any premises upon which is located any structure, which in the code official’s or owner’s authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, the code official shall order the owner or owner’s authorized agent to demolish and remove such structure, or board up until future repair. Unless the code official determines that other measures are appropriate based on the circumstances, boarding the building up for future repair shall comply with appendix A and the structure shall not remain boarded beyond thirty (30) days, except where a non- opaque material is used that provides the same level of security as provided by the requirements of Appendix A, the boarding may remain in place for no more than one year. Timeframe extensions may be approved by the code official. 6. Section 111 amended – Means of appeal. Section 111 of the International Property Maintenance Code is deleted in its entirety and is replaced with the following: 111 Means of appeal. Any person directly affected by a decision of the code official or a notice or order issued under the international property maintenance code shall have the right to appeal the decision, notice, or order, accept notices to correct and the notices described in section 107. Page 172 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 7 of 63 Rev. 2021 The means for appealing shall be that provided in ACC 15.07.130, as hereafter amended. 7. Sections 112.2 and 112.4 amended – Stop work order. Sections 112.2 and 112.4 of the International Property Maintenance Code are amended to read as follows: 112.2 Issuance. The provisions of Auburn City Code Chapter 1.25 regarding stop work orders shall govern the issuance of a stop work order under this code. 112.4 Failure to comply. The provisions of Auburn City Code Chapter 1.25 shall govern the enforcement of stop work orders and the penalty for failing to comply with an order. 8. Sections 302.4 and 304.14 amended – General requirements. Sections 302.4 and 304.14 of the International Property Maintenance Code are amended to read as follows: 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, according to the abatement process contained in ACC 8.12, and the costs of such removal shall be paid by the owner or agent responsible for the property. 304.14 Insect Screens. During the period from April 1 to October 31, every door, window and other outside opening required for ventilation of habitable Page 173 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 8 of 63 Rev. 2021 rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm) and every screen door used for insect control shall have a self- closing device in good working condition. 9. Sections 602.3 and 602.4 amended – Mechanical and electrical requirements. Sections 602.3 and 602.4 of the International Property Maintenance Code are amended to read as follows: 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during year-round to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: a. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. b. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat year-round to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: a. Processing, storage and operation areas that require cooling or special temperature conditions. Page 174 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 9 of 63 Rev. 2021 b. Areas in which persons are primarily engaged in vigorous physical activities. K. International Swimming Pool and Spa Code Adopted. The 20185 Edition of the International Swimming Pool and Spa Code, as published by the International Code Council, excluding Chapter 4, “Public Swimming Pools,” Chapter 5, “Public Spas and Public Exercise Spas,” and Chapter 6, “Aquatic Recreation Facilities,” is adopted by reference. L. International Existing Building Code Adopted. The 20185 Edition of the International Existing Building Code, as published by the International Code Council, and hereafter amended by the State Building Code Council in WAC 51- 50-480101, is adopted. M. International Green Construction Code Adopted. The 20185 Edition of the International Green Construction Code, as published by the International Code Council, is adopted by reference as an optional reference for developers who choose to utilize elements of the code for guidance. N. National Healthy Housing Standard Adopted. The 2014 edition of the National Healthy Housing Standard, as published by the National Center for Healthy Housing, is adopted by reference as a guideline and expression of intent to assist interpretation of the codes adopted in this Chapter. (Ord. 6744; Ord. 6615 § 17, 2016; Ord. 6601 § 4, 2016; Ord. 6469 § 1, 2013; Ord. 6310 § 1, 2010; Ord. 6104 § 1, 2007; Ord. 5874 § 3, 2004; Ord. 5184 § 2, 1998; Ord. 4754 § 2, 1995; Ord. 4566 § 5 (Exh. A), 1992.) Section 3. Amendment to City Code. Sections 15.07.010, 15.07.020, 15.07.030, 15.07.050, 15.07.80, 15.07.090, 15.07.100, 15.07.110, and 15.07.130 of Chapter 15.07, Construction Administrative Code, of the Auburn City Code are amended to read as follows. 15.07.010 General. Page 175 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 10 of 63 Rev. 2021 A. Title. These regulations shall be known as the Construction Administrative Code of the city of Auburn. B. Scope. The provisions of this codechapter shall apply to the administration of the technical codes as adopted in ACC 15.06 and by the state of Washington, and as listed: 1. a. 20185 International Building Code – Chapter 51-50 WAC; b. 20185 International Residential Code – Chapter 51-51 WAC; c. 20185 International Mechanical Code – Chapter 51-52 WAC; d. 20185 International Fire Code – Chapter 51-54A WAC; e. 20185 National Fuel Gas Code (NFPA 54) – Chapter 51-52 WAC; f. 20185 Liquefied Petroleum Gas Code (NFPA 58) – Chapter 51- 52 WAC; g. 20185 International Fuel Gas Code – Chapter 51-52 WAC; h. 20185 Uniform Plumbing Code – Chapter 51-56 WAC; i. 20185 International Energy Conservation Code – Chapters 51- 11C and 51-11R WAC; j. 20185 International Property Maintenance Code; k. 20185 International Swimming Pool and Spa Code; l. 20185 International Existing Building Code; m. 20185 International Green Construction Code; n. 2014 ed. National Healthy Housing Standard. Commented [JK5]: Added reference to 2014 NHHS as previously adopted under Ordinance 6744 on December 16, 2019 Page 176 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 11 of 63 Rev. 2021 2. Exceptions. The provisions of this code shall not apply to work located primarily in a public way, public utility towers and poles and hydraulic flood control structures. 3. Definitions. For the purpose of this chapter, certain terms, phrases, words and their derivatives shall have the meanings set forth in this subsection. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third International Dictionary of the English Language, Unabridged, latest edition, shall be considered as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine; provided, that any reference to “fire department” in this title or the codes adopted hereunder shall be understood to include the Valley Regional Fire Authority. (Ord. 6601 § 5, 2016; Ord. 6469 § 2, 2013; Ord. 6310 § 2, 2010; Ord. 6104 § 2, 2007; Ord. 5874 § 4(101), 2004.) 15.07.020 Conflicts between codes and Aapplicability. A. General. In case of conflict between codes referenced in ACC 15.07.010,W where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern except that the hierarchy of the codes named in Chapter 19.F27 RCW shall govern. Otherwise, the most restrictive provision shall govern, or W where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. In the case of a conflict between the International Green Construction Code and the City of Auburn design standards, surface water manage manual, or construction standards, the City of Auburn standards shall govern. B. Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. Commented [JK6]: Conflict between codes sections in 15.06.020 and 15.07 were inconsistent. 15.06.20 repealed and one consolidated conflict section created here. The hierarchy noted here is based on the one adopted by the state, RCW 19.27. Page 177 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 12 of 63 Rev. 2021 C. Application of References. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. D. Referenced Codes and Standards – Conflict with chapter. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. E. Partial Invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. (Ord. 6469 § 2, 2013; Ord. 6310 § 3, 2010; Ord. 6104 § 3, 2007; Ord. 5874 § 4(102), 2004.) 15.07.030 Enforcement agency. A. Enforcement agency. The department of community development and public works department is hereby designated as the agency responsible for enforcement of building codes, and the official in charge thereof shall be known as the building official, and Section 103 of Chapter 1 of the 20182 International Building Code is hereby amended consistent therewith. B. Venue. Unless specifically directed or assigned otherwise, violations of or failures to comply with any of the codes referenced by this chapter shall be prosecutable in the court of limited jurisdiction authorized to hear cases of the city. C. Penalties by class and category of offenses. Unless a different city penalty is specifically provided for a violation of or failure to comply with any of the codes adopted by the chapters of this title, violations of and failures to comply with the requirements of the codes adopted by this chapter shall constitute offenses of the same description, class and category of offense as are indicated in the adopted code. The penalty for any such offense identified or identifiable as a misdemeanor for which no penalty is specifically provided shall be punishable by imprisonment in the appropriate city or county jail for a period of up to 90 days Commented [JK7]: No proposed language change. Enforcement provisions of 15.06.04 moved to this location for consistent organization. Page 178 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 13 of 63 Rev. 2021 and a fine of up to $1,000, or by both such fine and imprisonment. The penalty for any such offense identified or identifiable as a gross misdemeanor for which no penalty is specifically provided shall be punishable by imprisonment in the appropriate city or county jail for a period of up to one year and a fine of up to $5,000, or by both such fine and imprisonment. The penalty for any such offense identified or identifiable as an infraction for which no penalty is specifically provided shall be punishable in accordance with ACC 1.25.050. D. Non-exclusive remedy. The penalty provisions hereof are in addition to other enforcement and remedy provisions of the codes adopted by the chapters of this title. (Ord. 6601 § 6, 2016; Ord. 6469 § 2, 2013; Ord. 5874 § 4(103), 2004.) 15.07.050 Permits. A. Application for Permit. Applicants shall file an application in writing on a form furnished by the building department of community development for that purpose. Applications determined by the building official to be in compliance with this section shall be deemed as complete. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done with the tax parcel number assigned pursuant to RCW 84.40.160, and the street address, when available. 3. Indicate the use, occupancy, and construction type for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in this code. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant’s authorized agent. Page 179 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 14 of 63 Rev. 2021 7. Give such other data and information as required by the building official. 8. Include the property owner’s name, address, and phone number. 9. Include the prime contractor’s business name, address, phone number, current state contractor registration number and city business license. B. The information required on the building permit application of this section shall be set forth on the building permit, approved construction documents, or which is issued to the owner, and on the inspection record card which shall be posted at the construction site; 1. The information required by this section and information supplied by the applicant after the permit is issued shall be kept on record in the office where building permits are issued and made available to any person on request in a manner consistent with public disclosure requirements of the state. 2. If any of the information required by this section is not available at the time the application is submitted, the applicant shall note what information is not available. The unavailability of that information shall not cause the application to be deemed incomplete for the purposes of vesting under this section. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information. (Ord. 6601 § 7, 2016; Ord. 6469 § 2, 2013; Ord. 6310 § 4, 2010; Ord. 6266 § 1, 2009; Ord. 6104 § 4, 2007; Ord. 5874 § 4(105), 2004.) 15.07.080 Fees. A. Work Performed without a Permit. An investigation fee, in addition to the permit fee, may be collected. The investigation fee shall be equal to either the amount of the permit fee required by this code or the cost of the labor to perform the investigation. The payment of such investigation fee shall not exempt any Page 180 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 15 of 63 Rev. 2021 person from compliance with all other provisions of this code nor from any penalty prescribed by law. B. Plan Review and Permit Fees. 1. When submittal documents are required by ACC 15.07.050, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The building official and/or the fire code official may have the option to charge a deposit in lieu of the full plan review fee, if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The actual permit fees and related plan review fee shall be determined upon completion of the plan review and the balance owing shall be paid at the time of permit issuance. The plan review fee shall be a separate fee from the permit fees specified in this section and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in IBC Section 107.3.4.2, an additional plan review fee shall be charged at the rate shown in the fee code established by the jurisdiction. 2. Stock Plan Program. When plans are submitted under the “stock plan program,” a plan review fee shall be paid at the time of application for each stock plan. The building official may have the option to charge a partial deposit, in lieu of the full plan review fee. All portions of fees paid as a deposit amount shall be applied to the total plan review fees owed. The applicant shall be required to pay the balance of amount owed for the plan review. Valuations used to compute the permit fees shall include all options submitted with a registered plan. When a registered plan consists of a number of plan options that can produce any number of similar but different buildings, the building official may charge plan review fees based on each different building configuration. Plan review fees shall be paid for at the time of application for a building permit. The plan review fees specified in this subsection are separate fees from the permit fees specified in the fee code, and are in addition to the permit fees. C. Refunds. Page 181 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 16 of 63 Rev. 2021 1. Application Fee Before Permit Issuance. The building official may authorize refunding of not more than the full amount of the application or plan review fee paid, less the current rate of the additional re-submittal fee adopted by the city of Auburn fee schedule in effect at the time of request80 percent of the plan review fee paid when an application for a permit for which sucha plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of application. 2. Permit Fee Before Permit Issuance. The building official may authorize refunding of not more than the full amount of the permit fee paid, less the current rate of the additional re-submittal fee adopted by the city of Auburn fee schedule in effect at the time of request when an application for a permit for which such fee has been paid is withdrawn or canceled prior to issuance. The building official shall not authorize refunding of any fee paid except on written application filed by the ori ginal permittee no later than 180 days after the date of payment. 32. Permit Fee After Permit Issuance. The building official may authorize refunding of any fee paid hereunder, which was erroneously paid or collected. When no work has been done under a permit issued in accordance with this code, the building official may authorize refunding of not more than the full amount of the permit fee paid, less the current rate of the additional resubmittal fee adopted by the city of Auburn fee schedule; except that no refunds will be processed for permits 360 180 days from date of expiration issuance where no work has been done. (Ord. 6601 § 9, 2016; Ord. 6469 § 2, 2013; Ord. 6310 § 6, 2010; Ord. 6104 § 5, 2007; Ord. 5874 § (108), 2004.) 15.07.090 Inspections. The city will conduct inspections as prescribed in the latest adopted copy of the International Building Code with the exceptions as noted below: Commented [JK8]: Modified to be consistent with permit fee refund. Commented [JK9]: Added new clarification of refund eligibility at step between approval and issuance, previously unaddressed. Commented [JK10]: Revised refund deadline to be consistent with permit expiration timeline of 180-days from issuance and above refund deadlines. Note that permit expiration date is subject to change during construction and is not recommended to be referenced for establishment of a deadline as currently written. Page 182 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 17 of 63 Rev. 2021 A. IMC/UPC/IFGCGas/NEC Rough – in Inspection. Rough-in mechanical, gas piping, plumbing and electrical shall be inspected when the rough -in work is complete and under test. No connections to primary utilities shall be made until the rough-in work is inspected and approved. B. Energy Efficiency Inspection – Envelope. 1. Wall Insulation Inspection. To be made after all wall insulation and air vapor retarder sheet or film materials are in place, but before any wall covering is placed. 2. Glazing Inspection. To be made after glazing materials are installed in the building. 3. Exterior Roofing Insulation. To be made after the installation of the roof insulation, but before concealment. 4. Slab/Floor Insulation. To be made after the installation of the slab/floor insulation, but before concealment. C. Special Inspections. In addition to the inspections specified above, the building official is authorized to make or require special inspections above the requirements as stated in Chapter 17 of the 2015 International Building Code for any type of work related to the technical codes by an approved agency at no cost to the jurisdiction. (Ord. 6601 § 10, 2016; Ord. 6469 § 2, 2013; Ord. 6310 § 7, 2010; Ord. 6104 § 6, 2007; Ord. 5874 § 4(109), 2004.) 15.07.100 Certificate of occupancy. A. Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion of the building or structure shall be made until the building official has issued a certificate of occupancy as provided for in this section. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of this jurisdiction. Commented [JK11]: Updated reference to the International Fuel Gas Code Page 183 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 18 of 63 Rev. 2021 B. Exception. Certificates of occupancy are not required for work exempt from permits under Section 105.2 of the 2015 International Building Code and 2015 International Residential Code or for R-3 and U occupancies. C. The building official is authorized under ACC 12.66.080 to evaluate the condition of public improvements that service and/or are adjacent to the lot upon which the building has been constructed. For development projects that require public improvements and the improvements remain incomplete or whenIf the building activity has damaged adjacent public sidewalks, landscaping, streets or utilities the building official is authorized to withhold final inspection approvalcertificate of occupancy until the facilities are corrected and completed. The building official with the city engineer’s approval may accept a bond or other financial security to guarantee of repair or completion of required public improvements under special circumstances as determined by the city. D. Section 111 of Chapter 1 of the 2015 International Building Code and International Residential Code is hereby amended consistent therewith. (Ord. 6601 § 11, 2016; Ord. 6469 § 2, 2013; Ord. 6310 § 8, 2010; Ord. 5874 § 4(110), 2004.) 15.07.110 Maintenance. A. Maintenance of Safeguards. Whenever or wherever any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of this code, or otherwise installed, such device, equipment, system, condition, arrangement, level of protection, or other feature shall thereafter be continuously maintained in accordance with this code and applicable referenced standards. Such device, equipment, system, condition, arrangement, level of protection, or any other feature shall be maintained in accordance with the currently adopted International Property Maintenance Code and associated adopted codes.IFC Sections 107.1 through 107.6. (Ord. 6469 § 2, 2013; Ord. 5874 § 4(111), 2004.) Commented [JK12]: Added clarification for consistency with Community Development and Public Works process for issuance of Certificate of Occupancy as it relates to required public improvements. Commented [JK13]: Updated reference to IPMC and associated codes rather than just the International Fire Code. Page 184 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 19 of 63 Rev. 2021 15.07.130 Appeals – Hearing examiner. In order to hear and decide appeals of orders, decisions or determinations made by the building official or fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of the city of Auburn’s appointed hearing examiner. A. Appeal to Hearing Examiner. 1. Appointment and Term. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, except as provided in Chapter 70.92 RCW, a hearing examiner shall be appointed by the mayor as provided elsewhere in this code. 2. Duties. The examiner shall conduct an appeal hearing as provided herein, enter findings of fact and conclusions of law based upon those facts and a decision which is final action subject to appeal as provided herein. 3. Conflict of Interest. The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with their decision-making process. Any actual or potential conflict of interest shall be disclosed by the hearing examiner to the parties immediately upon discovery of such conflict. Participants in the hearing process have the right, insofar as possible, to have the examiner free from personal interest or pre-hearing contacts on issues considered by them. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or pre-hearing interest contact impairs the examiner’s ability to act on the matter, the hearing examiner shall state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said examiner. If all parties do not agree and the hearing examiner must abstain, the mayor Page 185 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 20 of 63 Rev. 2021 shall be notified and the mayor shall appoint a hearing examiner pro tem to sit in the hearing examiner’s stead. 4. Freedom from Improper Influence. No council member, city official, or any other person shall attempt to interfere with or improperly influence the examiner or examiner pro tempore in the performance of their designated duties. 5. Duties of the Examiner – Applications and Decisions. For cases and actions as prescribed by ordinance, the examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact, conclusions based upon those facts, and a decision. As provided herein, such decision is final action subject to appeal as provided herein. 6. Application of Appeal and Filing Fee – Form of Appeal. Any person receiving a decision or determination made by the building official relative to the application and interpretation of this code may appeal such determination or decision under this code within 20 calendar days of receipt of the decision, or by the end of the following business day when the 20th day falls on a non-business day, by paying the filing fee as set forth in the city of Auburn fee schedule and filing at the office of the building officialwith the department of community development a written application of appeal containing: a. A heading in the words: “Before the Hearing Examiner of the City of Auburn.” b. A caption reading: “Appeal of Building Official or Fire Code Official Decision or Determination,” giving the names of all appellants participating in the appeal. c. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the determination or decision. Commented [JK14]: Added specification for term for appeal previously undefined. Appeal deadline terms established by other sections of ACC vary. 20 calendar days is consistent with the International Building Code Appendix B. Page 186 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 21 of 63 Rev. 2021 d. A brief statement in ordinary and concise language of the specific action protested, together with any material facts claimed to support the contentions of the appellant. e. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested action should be reversed, modified or otherwise set aside. f. The signatures of all parties named as appellants and their official mailing addresses. g. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. 7. Processing Application of Appeal. Upon receipt of any application of appeal filed pursuant to this section together with the filing fee in the amount as set forth in the city of Auburn fee schedule, the building official or fire code official shall, within two working days of receipt of an application, determine whether the application is complete. If complete, the application shall be accepted. If not complete, the building official or fire code official shall request that the applicant provide additional information as necessary to complete the application. The applicant shall be advised of the date of acceptance of the application. 8. Scheduling and Noticing Appeal for Hearing. As soon as practicable after acceptance of the written application of appeal, the examiner shall fix a date, time and place for the hearing of the appeal. Such date shall be not less than 10 days nor more than 90 days from the date the application of appeal was filed with the building official or fire code official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the examiner either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at their address shown on the appeal. Page 187 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 22 of 63 Rev. 2021 9. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with provisions of this section shall constitute a waiver of any right to an administrative hearing and adjudication of the building official’s or fire code official’s decisions or determinations. 10. Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. 11. Hearing Procedures. a. Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the examiner. b. Reporting. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the examiner, but shall in no event be greater than the cost involved. c. Continuances. The examiner may grant continuances for good cause shown. d. Oaths – Certification. In any proceedings under this section, the examiner has the power to administer oaths and affirmations and to certify to official acts. e. Reasonable Dispatch. The examiner shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. f. Notice of Hearing. The notice to appellant shall be substantially in the following form, but may include other information: “You are hereby notified that a hearing will be held before (name of hearing examiner) at _________________ on the ___ day of _______, Page 188 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 23 of 63 Rev. 2021 20__ at the hour of ____, upon the notice and order served upon you. You may be present at the hearing. You may present any relevant evidence and will be given full opportunity to cross - examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (name of hearing examiner).” g. Subpoenas. i. The examiner may issue subpoenas for the attendance of witnesses or the production of other evidence at a hearing upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in their possession or under their control. A subpoena need not be issued when the affidavit is defective in any particular. ii. Penalties. Any person who refuses without lawful excuse to attend any hearing or to produce material evidence in their possession or under their control as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor punishable as provided in ACC 1.24.010. h. Conduct of Hearing. i. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. ii. Oral Evidence. Oral evidence shall be taken only on oath or affirmation. Page 189 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 24 of 63 Rev. 2021 iii. Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. iv. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. v. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. vi. Rights of Parties. Each party shall have these rights among others: (A) To call and examine witnesses on any matter relevant to the issues of the hearing; (B) To introduce documentary and physical evidence; (C) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; (D) To impeach any witness regardless of which party first called them to testify; (E) To rebut the evidence against them; (F) To represent themself or to be represented by anyone of their choice who is lawfully permitted to do so. Page 190 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 25 of 63 Rev. 2021 vii. Official Notice. (A) What May Be Noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or official records of departments and ordinances of the city. (B) Parties to Be Notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto. (C) Opportunity to Refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the official noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the hearing examiner. (D) Inspection of the Premises. The hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing; provided, that (1) notice of such inspection shall be given to the parties before the inspection is made, (2) the parties are given an opportunity to be present during the inspection, and (3) or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the hearing examiner. viii. Limitation of Testimony. The examiner has the right to limit the time a witness may testify. Page 191 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 26 of 63 Rev. 2021 12. Form and Effective Date of Decision. The decision shall be in writing and shall contain findings of fact, conclusions of law, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent to them by certified mail, postage prepaid, return receipt requested. The effective date of the decision shall be as stated therein. 13. Rights Granted – Right to Appeal. Nothing in this section shall be construed as granting any right of judicial review which does not previously exist in law. The decision of the examiner or examiner pro tem shall be final and exclusive. A writ of review must be sought in the superior court of King or Pierce County, if at all, by an aggrieved party or person. 14. Limitations of Authority. The examiner shall have no authority relative to interpretation of the administrative provisions of this code or the technical codes nor shall the examiner be empowered to waive requirements of this code or the technical codes. (Ord. 6469 § 2, 2013; Ord. 6104 § 7, 2007; Ord. 5874 § 4, 2004.) Section 4. Amendment to City Code. Sections 15.08A.011, 15.08A.041 and 15.08A.051 of Chapter 15.08A, Building Code, of the Auburn City Code are amended to read as follows. 15.08A.011 Adoption of international building code. The 20185 International Building Code, as adopted and hereafter amended by the State Building Code Council, and included in Chapter 51-50 WAC, is adopted as the building code of the city; provided, that the amendments, deletions and additions thereto as provided in this chapter shall govern over the published provisions of the International Building Code. (Ord. 6601 § 12, 2016; Ord. 6469 § 3, 2013; Ord. 6310 § 10, 2010; Ord. 6104 § 9, 2007; Ord. 5874 § 6, 2004.) Page 192 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 27 of 63 Rev. 2021 15.08A.051 Section 516 added – Recyclable materials and solid waste storage. A new Section 516 and Table No. 5-F are added to Chapter 5 of the International Building Code to read as follows: A. Recyclable Materials and Solid Waste Storage. 1. For the purpose of this section, the following definition shall apply: Recycled Materials means those solid wastes that are separated for recycling or reuse, such as papers, metals and glass. 2. All new buildings shall provide space in accordance with Table No. 5-F for the storage of recycled materials and solid waste; EXCEPTION: Group R, Division 3 and Group U Occupancies. 3. The storage area shall be designed to meet the needs of the occupancy, efficiency of pick-up, and shall be available to occupants and haulers. 4. Storage and Handling of Recyclables and Solid Waste shall comply with the 2003 Edition of the International Fire Code, Chapter 3, Section 304. TABLE NO. 5-F – RECYCLABLE MATERIALS AND SOLID WASTE STORAGE AREA REQUIREMENT OCCUPANCY AREA REQUIREMENTS OFFICE 2 SF Per 1,000 SF of Gross Floor Area RETAIL 5 SF Per 1,000 SF of Gross Floor Area WHOLESALE 3 SF per 1,000 SF of Gross Floor Area Commented [JK15]: Updated recycle and solid waste storage area requirements for Wholesale, Warehouse, and Education uses in Table No. 5-F that were previously unspecified. Area requirements included are consistent with other local jurisdictions. Page 193 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 28 of 63 Rev. 2021 WAREHOUSE 3 SF per 1,000 SF of Gross Floor Area INDUSTRIAL 3 SF Per 1,000 SF of Gross Floor Area EDUCATIONAL 2 SF per 1,000 SF of Gross Floor Area INSTITUTIONAL 2 SF Per 1,000 SF of Gross Floor Area RESIDENTIAL Min. 12 SF Plus 1.5 SF Per Unit; One Collection Area Per 30 Units located within 200 feet (Ord. 5874 § 6, 2004.) 15.08A.051 Section 903.1 amended – General. International Building Code Section 903.1 is amended to read as follows: Section 903.1 General. Fire extinguishing systems required in this code shall be installed in accordance with the requirements of this section and. See Auburn City Code 15.368A. Fire hose threads used in connection with fire-extinguishing systems shall be national standard hose thread or as approved by the fire department. The location of fire department hose connections shall be approved by the fire department. In buildings used for high-piled combustible storage, fire protection shall be in accordance with the Fire Code.(Ord. 5874 § 6, 2004.) Section 5. Amendment to City Code. Sections 15.36A.011, 15.36A.031, 15.36A.041, 15.36A.045, 15.36A.063, and 15.36A.091 of Chapter 15.36A, Fire Code, of Commented [JK16]: Proposing combining amendments to the International Fire Code (IFC) in ACC 15.36A and ACC 15.38A into one section. Commented [JK17]: These requirements are addressed through the City of Auburn Engineering Design Standards 7.01.6.1 Commented [JK18]: This requirement addressed by the adopted IFC. Page 194 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 29 of 63 Rev. 2021 the Auburn City Code are amended and new sections 15.36A.015, 15.36A.031 (E), 15.36A.051 and 15.36A.67 are created to read as follows. 15.36A.011 Adoption. The 20185 Edition of the International Fire Code, as published by the International Code Council, and as adopted and hereafter amended by the State Building Code Council in Chapter 51-54A WAC including Appendix D, “Fire Apparatus Access Roads,” Appendix E, “Hazard Categories,” and Appendix H, “Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions,” and Appendix L, “Requirements for Fire Fighter Air Replenishment,” is adopted by reference with the amendments, additions, and deletions thereto as provided in this chapter. Chapter 15.38A ACC and this chapter shall be controlling within the jurisdiction of the city. The manufacture, storage, handling, sale, and use of fireworks shall be governed by Chapter 70.77 RCW and by Chapter 212-17 WAC and Chapter 8.24 ACC, Fireworks, consistent with Chapter 212-17 WAC. (Ord. 6601 § 17, 2016; Ord. 6469 § 5, 2013; Ord. 6310 § 13, 2010; Ord. 6104 § 11, 2007; Ord. 5874 § 10, 2004.) NEW SECTION 15.36A.015 Section 105.3.2 Extensions amended Chapter 1 of the International Fire Code entitled “Scope and Administration” is adopted with the following amendment: A. Section 105.3.2 Extensions. is deleted in its entirety and is replaced with the following: 105.3.2 Extensions. The fire code official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Commented [JK19]: Proposing adoption of Appendix L as recommended by the Valley Regional Fire Authority. Additional comments below. Commented [JK20]: Added new clarification on permit extension policy for Fire Permits to be consistent with language published by the International Building Code (IBC) and International Residential Code (IRC). Existing language in IFC for permit extensions could be interpreted to not apply to already expired permits creating a difficult obstacle for a permitee in need of an extension. Note that Chapter 1 is considered an optional reference and is subject to jurisdictional adoption/modification. Page 195 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 30 of 63 Rev. 2021 15.36A.031 Fire service features. Chapter 5 of the International Fire Code, entitled “Fire Service Features,” is adopted with the following amendments: A. Fire Apparatus Access Roads – Marking. Section 503 of the International Fire Code, entitled “Fire Apparatus Access Roads,” is amended by adding substituting subsections 503.2, 503.3 and 503.4 with the following subsections: Sec. 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with the City of Auburn Engineering Design Standards as applicable based on the type of access. Sec. 503.3 Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways. Subject to the fire code official’s prior written approval, marked fire apparatus access roads, or “fire lanes” as defined in section 202 of the code, may be established or relocated at the time of plan review, pre-construction site inspection, and/or post construction site inspection as well as any time during the life of the occupancy. Only those fFire apparatus access roads established by the fire code official can utilize yellow marking paint and the term “fire lane.” Fire lanes shall be marked as directed by the fire code official in accordance with shall be identified in accordance with ACC 10.36.175. Means of identification shall be maintained in clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Sec. 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. Widths and clearances established by the City of Auburn Engineering Design Standards shall be maintained at all times. Sec. 503.4.1 Traffic calming devices. This section is not adopted. Commented [JK21]: Current road access standards published in Chapter 5 of IFC can be in conflict with established minimums specified in the City of Auburn Engineering Design Standards in some circumstances. Added clarification that Auburn Standards govern. Note that 503.2 of the IFC has not been adopted by the State and is subject to jurisdictional adoption/modification. Commented [JK22]: Modified to eliminate conflicts and be consistent with established marking requirements of ACC 10.36.175. Note that 503.3 of the IFC has not been adopted by the State and is subject to jurisdictional adoption/modification. Commented [JK23]: As with 503.2 above, modified to eliminate conflicts for specified minimum standards established by Auburn Standards. Note that 503.4 of the IFC has not been adopted by the State and is subject to jurisdictional adoption/modification. Commented [JK24]: Clarification that subsection of adopted 503.4 requiring traffic calming devices to be approved by the fire code official is not adopted. Traffic calming devices are approved via Public Works and the City Engineer. Page 196 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 31 of 63 Rev. 2021 B. Fire Apparatus Access Roads – Marking. Section 503 of the International Fire Code, entitled “Fire Apparatus Access Roads,” is amended by adding the following subsection: Sec. 503.3.1 Alternate materials and methods. The fire code official may modify, on a case-by-case basis, any of the marking provisions in this subsection 503.3 where practical difficulties exist. Modification requests shall be submitted in writing to the fire code official setting forth a suggested alternative. B. Premises Identification. Section 505 of the International Fire Code, entitled “Premises Identification” is amended by substituting subsection 505.1 with the following subsection: Sec. 505.1 Address identification. New and existing buildings shall be provided with approved address identification in accordance with ACC 15.52. C. Fire Protection Water Supplies – Where Required. Section 507 of the International Fire Code, entitled “Fire Protection Water Supplies,” is amended by substituting subsection 507.5.1 with the following: Sec. 507.5.1 Where required. Where a portion of the a building or structures hereafter constructed or moved into the city is more than 150 feet in vehicular travel from a hydrant, as measured by an approved route, on-site fire hydrants and mains shall be provided where required by the fire code official. Exception: For Group R-3 and Group U occupancies, the distance requirement shall be 450-feet. D. Clear Space around Hydrants. Section 507 of the International Fire Code, entitled “Clear Space Around Hydrants,” is amended by substituting subsection 507.5.5 with the following: Sec. 507.5.5 Clear space around hydrants. A 5-foot clear space shall be maintained around the circumference of fire hydrants except as Commented [JK25]: This section already included as modified above in 15.36A.031 A. Commented [JK26]: Updated to reference already adopted address identification amendments in 15.52. Commented [JK27]: Updated to be consistent with City of Auburn Engineering Design Standards for typical single family residential applications. Note that Auburn Design Standards are more restrictive than IFC. IFC requires hydrants 600-ft for R-3 and U occupancies and 400-ft for all other building types. Page 197 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 32 of 63 Rev. 2021 otherwise required or approved. (Ord. 6601 § 18, 2016; Ord. 6310 § 14, 2010; Ord. 5874 § 10, 2004.) NEW SECTION E. Section 510 amended - Emergency Responder Radio Coverage E. Emergency Responder Radio Coverage. Section 510 of the International Fire Code, entitled “Emergency Responder Radio Coverage” is amended by substituting the following: 510.1 Emergency responder radio coverage in new buildings. Approved radio coverage for emergency responders shall be provided within the buildings meeting any of the following conditions: 1. High rise buildings; 2. The total building area is 50,000 square feet or more; 3. The total basement area is 10,000 square feet or more; or 4. There are floors used for human occupancy more than 30 feet below the finished floor of the lowest level of exit discharge. 5. Buildings or structures where the Fire or Police Chief determines that in-building radio coverage is critical because of its unique design, location, use or occupancy. The radio coverage system shall be installed in accordance with Sections 510.4 through 510.5.5 of this code and with the provisions of NFPA 1221 (2019). This section shall not require improvement of the existing public safety communication systems. Exceptions: 1. Buildings and areas of buildings that have minimum radio coverage signal strength levels of the King County Regional 800 MHz Radio System within the building in accordance with Section 510.4.1 without the use of a radio coverage system. Commented [JK28]: New section amending Section 510 of IFC to provide specifications for regional design and testing requirements for Emergency Responder Radio Coverage to be consistent with local communications infrastructure. Language proposed by regional task force for consistency throughout King County. Page 198 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 33 of 63 Rev. 2021 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire marshal shall have the authority to accept an automatically activated emergency responder radio coverage system. 3. One- and two-family dwellings and townhouses. 510.2 Emergency responder radio coverage in existing buildings. Existing buildings shall be provided with approved radio coverage for emergency responders as required in Chapter 11. 510.3 Permit required. A construction permit for the installation of or modification to emergency responder radio coverage systems and related equipment is required as specified in Section 105.7.6. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 510.4 Technical requirements. Systems, components and equipment required to provide the emergency responder radio coverage system shall comply with Sections 510.4.1 through 510.4.2.8. 510.4.1 Emergency responder communication enhancement system signal strength. The building shall be considered to have acceptable emergency responder communications enhancement system coverage when signal strength measurements in 95 percent of all areas on each floor of the building meet the signal strength requirements in Sections 510.4.1.1 through 510.4.1.3. Exception: Critical areas, such as the fire command center(s), the fire pump room(s), interior exit stairways, exit passageways, Page 199 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 34 of 63 Rev. 2021 elevator lobbies, standpipe cabinets, sprinkler sectional valve locations, and other areas required by the fire marshal, shall be provided with 99 percent floor area radio coverage. [W]510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire marshal. The inbound signal level shall be a minimum of -95dBm in 95% of the coverage area and 99% in critical areas and sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.0 or an equivalent Signal- to-Interference-Plus-Noise Ratio (SINR) applicable to the technology for either analog or digital signals. 510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire marshal. The outbound signal level shall be suffici ent to provide not less than a DAQ of 3.0 or an equivalent SINR applicable to the technology for either analog or digital signals. A minimum signal strength of -95 dBm shall be received by the King County Regional 800 MHz Radio System when transmitted from within the building. 510.4.1.3 System performance. Signal strength shall be sufficient to meet the requirements of the applications being utilized by public safety for emergency operations through the coverage area as specified by the radio system manager in Section 510.4.2.2. 510.4.2 System design. The emergency responder radio coverage system shall be designed in accordance with Sections 510.4.2.1 through 510.4.2.8 and NFPA 1221 (2019). Page 200 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 35 of 63 Rev. 2021 510.4.2.1 Amplification systems and components. Buildings and structures that cannot support the required level of radio coverage shall be equipped with systems and components to enhance the public safety radio signals and achieve the required level of radio coverage specified in Sections 510.4.1 through 510.4.1.3. Public safety communications enhancement systems utilizing radio-frequency-emitting devices and cabling shall be allowed by the Public Safety Radio System Operator. Prior to installation, all RF-emitting devices shall have the certification of the radio licensing authority and be suitable for public safety use. 510.4.2.2 Technical criteria. The Public Safety Radio System Operator shall provide the various frequencies required, the location of radio sites, the effective radiated power of radio sites, the maximum propagation delay in microseconds, the applications being used and other supporting technical information necessary for system design upon request by the building owner or owner’s representative. 510.4.2.3 Power supply sources. Emergency responder radio coverage systems shall be provided with dedicated standby batteries or provided with 2-hour standby batteries and connected to the facility generator power system in accordance with Section 1203. The standby power supply shall be capable of operating the emergency responder radio coverage system at 100-percent system capacity for a duration of not less than 12 hours. [W]510.4.2.4 Signal booster requirements. If used, signal boosters shall meet the following requirements: Page 201 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 36 of 63 Rev. 2021 1. All signal booster components shall be contained in a National Electrical Manufacturer’s Association (NEMA) 4, IP66-type waterproof cabinet or equivalent. Exception: Listed battery systems that are contained in integrated battery cabinets. 2. Battery systems used for the emergency power source shall be contained in a NEMA 3R or higher-rated cabinet, IP65-type waterproof cabinet or equivalent. 3. Equipment shall have FCC or other radio licensing authority certification and be suitable for public safety use prior to installation. 4. Where a donor antenna exists, isolation shall be maintained between the donor antenna and all inside antennas to not less than 20dB greater than the system gain under all operating conditions. 5. Bi-Directional Amplifiers (BDAs) used in emergency responder radio coverage systems shall be fitted with anti-oscillation circuitry and per-channel AGC. 6. Bi-Directional Amplifiers (BDAs) used in emergency responder radio coverage systems shall be fitted with anti-oscillation circuitry and per-channel AGC. 7. The installation of amplification systems or systems that operate on or provide the means to cause interference on any emergency responder radio coverage networks shall be coordinated and approved by the Public Safety Radio System Operator. Page 202 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 37 of 63 Rev. 2021 8. Unless otherwise approved by the Public Safety Radio System Operator, only channelized signal boosters shall be permitted. Exception: Broadband BDA’s may be utilized when specifically authorized in writing by the Public Safety Radio System Operator. 510.4.2.5 System monitoring. The emergency responder radio enhancement system shall include automatic supervisory and trouble signals that are monitored by a supervisory service and are annunciated by the fire alarm system in accordance with NFPA The following conditions shall be separately annunciated by the fire alarm system, or, if the status of each of the following conditions is individually displayed on a dedicated panel on the radio enhancement system, a single automatic supervisory signal may be annunciated on the fire alarm system indicating deficiencies of the radio enhancement system: 1. Loss of normal AC power supply. 2. System battery charger(s) failure. 3. Malfunction of the donor antenna(s). 4. Failure of active RF-emitting device(s). 5. Low-battery capacity at 70-percent reduction of operating capacity. 6. Active system component malfunction. 7. Malfunction of the communications link between the fire alarm system and the emergency responder radio enhancement system. 510.4.2.6 Additional frequencies and change of frequencies. The emergency responder radio coverage system shall be capable of modification or expansion in the event frequency changes are required by Page 203 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 38 of 63 Rev. 2021 the FCC or other radio licensing authority, or additional frequencies are made available by the FCC or other radio licensing authority. 510.4.2.7 Design documents. The fire marshal shall have the authority to require “as-built” design documents and specifications for emergency responder communications coverage systems. The documents shall be in a format acceptable to the fire marshal. 510.4.2.8 Radio communication antenna density. Systems shall be engineered to minimize the near-far effect. Radio enhancement system designs shall include sufficient antenna density to address reduced gain conditions. Exceptions: 1. Class A narrow band signal booster devices with independent AGC/ALC circuits per channel. 2. Systems where all portable devices within the same band use active power control. [W]510.5 Installation requirements. The installation of the public safety radio coverage system shall be in accordance with NFPA 1221 and Sections 510.5.1 through 510.5.7. 510.5.1 Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC or other radio licensing authority shall not be installed without prior coordination and approval of the Public Safety Radio System Operator. 510.5.2 Minimum qualifications of personnel. The minimum qualifications of the system designer and lead installation personnel shall include both of the following: Page 204 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 39 of 63 Rev. 2021 1. A valid FCC-issued general radio telephone operators license. 2. Certification of in-building system training issued by an approved organization or approved school, or a certificate issued by the manufacturer of the equipment being installed. 510.5.3 Acceptance test procedure. Where an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is in accordance with Section 510.4.1. The test procedure shall be conducted as follows: 1. Each floor of the building shall be divided into a grid of 20 approximately equal test areas, with a maximum test area size of 6,400 square feet. Where the floor area exceeds 128,000 square feet, the floor shall be divided into as many approximately equal test areas as needed, such that no test area exceeds the maximum square footage allowed for a test area. 2. Coverage testing of signal strength shall be conducted using a calibrated spectrum analyzer for each of the test grids. A diagram of this testing shall be created for each floor where coverage is provided, indicating the testing grid used for the test in Section 510.5.3(1), and including signal strengths and frequencies for each test area. Indicate all critical areas. 3. Functional talk-back testing shall be conducted using two calibrated portable radios of the latest brand and model used by Page 205 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 40 of 63 Rev. 2021 the agency’s radio communications system or other equipment approved by the fire marshal. Testing shall use Digital Audible Quality (DAQ) metrics, where a passing result is a DAQ of 3 or higher. Communications between handsets shall be tested and recorded in the grid square diagram required by section 510.5.3(2): each grid square on each floor; between each critical area and a radio outside the building; between each critical area and the fire command center or fire alarm control panel; between each landing in each stairwell and the fire command center or fire alarm control panel. 4. Failure of more than 5% of the test areas on any floor shall result in failure of the test. Exception: Critical areas shall be provided with 99 percent floor area coverage. 5. In the event that two of the test areas fail the test, in order to be more statistically accurate, the floor shall be permitted to be divided into 40 equal test areas. Failure of not more than two nonadjacent test areas shall not result in failure of the test. If the system fails the 40-area test, the system shall be altered to meet the 95-percent coverage requirement. 6. A test location approximately in the center of each test area shall be selected for the test, with the radio enabled to verify two-way communications to and from the outside of the building through the public agency’s radio communications system. Once the test location has been selected, that location shall represent the entire test area. Failure in the selected test Page 206 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 41 of 63 Rev. 2021 location shall be considered to be a failure of that test area. Additional test locations shall not be permitted. 7. The gain values of all amplifiers shall be measured, and the test measurement results shall be kept on file with the building owner so that the measurements can be verified during annual tests. In the event that the measurement results become lost, the building owner shall be required to rerun the acceptance test to reestablish the gain values. 8. As part of the installation, a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by the subject signal booster. This test shall be conducted at the time of installation and at subsequent annual inspections. 9. Systems incorporating Class B signal booster devices or Class B broadband fiber remote devices shall be tested using two portable radios simultaneously conducting subjective voice quality checks. One portable radio shall be positioned not greater than 10 feet (3048 mm) from the indoor antenna. The second portable radio shall be positioned at a distance that represents the farthest distance from any indoor antenna. With both portable radios simultaneously keyed up on different frequencies within the same band, subjective audio testing shall be conducted and comply with DAQ levels as specified in Sections 510.4.1.1 and 510.4.1.2. 10. Documentation maintained on premises. At the conclusion of the testing, and prior to issuance of the building Certificate of Occupancy, the building owner or owner’s representative shall place a copy of the following records in the DAS enclosure or Page 207 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 42 of 63 Rev. 2021 the building engineer’s office. The records shall be available to the fire marshal and maintained by the building owner for the life of the system: a. A certification letter stating that the emergency responder radio coverage system has been installed and tested in accordance with this code, and that the system is complete and fully functional. b. The grid square diagram created as part of testing in Sections 510.5.3(2) and 510.5.3(3). c. Data sheets and/or manufacturer specifications for the emergency responder radio coverage system equipment; back up battery; and charging system (if utilized). d. A diagram showing device locations and wiring schematic, e. A copy of the electrical permit. 11. Acceptance test reporting to fire marshal. At the conclusion of the testing, and prior to issuance of the building Certificate of Occupancy, the building owner or owner’s representative shall submit to the fire marshal a report of the acceptance test by way of the department’s third-party vendor thecomplianceengine.com. 510.5.4 FCC compliance. The emergency responder radio coverage system installation and components shall comply with all applicable federal regulations including, but not limited to, FCC 47 CFR Part 90.219. WS 510.5.5 Mounting of the donor antenna (s). To maintain proper alignment with the system designed donor site, donor antennas shall be permanently affixed on the highest possible position on the building or where approved by the fire marshal. A clearly visible sign shall be placed near the antenna stating, “movement or repositioning of this antenna is Page 208 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 43 of 63 Rev. 2021 prohibited without approval from the fire marshal.” The antenna installation shall be in accordance with the applicable requirements in the International Building Code for weather protection of the building envelope. 510.5.6 Wiring. The backbone, antenna distribution, radiating, or any fiber - optic cables shall be rated as plenum cables. The backbone cables shall be connected to the antenna distribution, radiating, or copper cables using hybrid coupler devices of a value determined by the overall design.  Backbone cables shall be routed through an enclosure that matches the building’s required fire-resistance rating for shafts or interior exit stairways. The connection between the backbone cable and the antenna cables shall be made within an enclosure that matches the building’s fire-resistance rating for shafts or interior exit stairways, and passage of the antenna distribution cable in and out of the enclosure shall be protected as a penetration per the International Building Code. 510.5.7 Identification Signs. Emergency responder radio coverage systems shall be identified by an approved sign located on or near the Fire Alarm Control Panel or other approved location stating “This building is equipped with an Emergency Responder Radio Coverage System. Control Equipment located in room_____”. A sign stating “Emergency Responder Radio Coverage System Equipment” shall be placed on or adjacent to the door of the room containing the main system components. 510.6 Maintenance. The emergency responder radio coverage system shall be maintained operational at all times in accordance with Sections 510.6.1 through 510.6. 7. Page 209 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 44 of 63 Rev. 2021 [W]510.6.1 Testing and proof of compliance. The owner of the building or owner’s authorized agent shall have the emergency responder radio coverage system inspected and tested annually or where structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following items (1) through (7): 1. In-building coverage test as required by the fire marshal as described in Section 510.5.3 “Acceptance test procedure” or 510.6.1.1 “Alternative in-building coverage test”. Exception: Group R Occupancy annual testing is not required within dwelling units. 2. Signal boosters shall be tested to verify that the gain/output level is the same as it was upon initial installation and acceptance or set to optimize the performance of the system. 3. Backup batteries and power supplies shall be tested under load of a period of 1 hours to verify that they will properly operate during an actual power outage. If within the 1 -hour test period the battery exhibits symptoms of failure, the test shall be extended for additional 1-hour periods until the integrity of the battery can be determined. 4. If a fire alarm system is present in the building, a test shall be conducted to verify that the fire alarm system is properly supervising the emergency responder communication system as required in Section 510.4.2.5. The test is performed by simulating alarms to the fire alarm control panel. The certifications in Section 510.5.2 are sufficient for the personnel performing this testing. Page 210 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 45 of 63 Rev. 2021 5. Other active components shall be checked to verify operation within the manufacturer’s specifications. 6. At the conclusion of the testing, a report, which shall verify compliance with Section 510.6.1, shall be submitted to the fire marshal by way of the department’s third-party vendor thecomplianceengine.com 7. At the conclusion of testing, a record of the inspection and maintenance along with an updated grid diagram of each floor showing tested strengths in each grid square and each critical area shall be added to the documentation maintained on the premises in accordance with Section 510.5.3. 510.6.1.1 Alternative In-building coverage test. When the comprehensive test documentation required by Section 510.5.3 is available, or the most recent full five-year test results are available if the system is older than six years, the in-building coverage test required by the fire marshal in Section 510.6.1(1), may be conducted as follows: 1. Functional talk-back testing shall be conducted using two calibrated portable radios of the latest brand and model used by the agency’s radio communications system or other equipment approved by the fire marshal. Testing shall use Digital Audible Quality (DAQ) metrics, where a passing result is a DAQ of 3 or higher. Communications between handsets in the following locations shall be tested: between the fire command center or fire alarm control panel and a location outside the building; between the fire alarm control panel and each landing in each stairwell. 2. Coverage testing of signal strength shall be conducted using a calibrated spectrum analyzer for: (a) Three grid areas per floor. The three grid areas to be tested on each floor are the three grid areas with poorest Page 211 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 46 of 63 Rev. 2021 performance in the acceptance test or the most recent annual test, whichever is more recent; and (b) Each of the critical areas identified in acceptance test documentation required by Section 510.5.3, or as modified by the fire marshal, and (c) One grid square per serving antenna. 3. The test area boundaries shall not deviate from the areas established at the time of the acceptance test, or as modified by the fire marshal. The building shall be considered to have acceptable emergency responder radio coverage when the required signal strength requirements in 510.4.1.1 and 510.4.1.2 are located in 95 percent of all areas on each floor of the building and 99 percent in Critical Areas, and any non-functional serving antenna are repaired to function within normal ranges. If the documentation of the acceptance test or most recent previous annual test results are not available or acceptable to the fire marshal, the radio coverage verification testing described in 510.5.3 shall be conducted. 510.6.2 Additional frequencies. The building owner shall modify or expand the emergency responder radio coverage system at his or her expense in the event frequency changes are required by the FCC or other radio licensing authority, or additional frequencies are made available by the FCC public safety radio system operator or FCC license holder. Prior approval of a public safety radio coverage system on previous frequencies does not exempt this section. 510.6.3 Nonpublic safety system. Where other nonpublic safety amplification systems installed in buildings reduce the performance or cause interference with the emergency responder communications Page 212 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 47 of 63 Rev. 2021 coverage system, the nonpublic safety amplification system shall be corrected or removed. 510.6.4 Field testing. Agency personnel shall have the right to enter onto the property at any reasonable time to conduct field testing to verify the required level of radio coverage or to disable a system that due to malfunction or poor maintenance has the potential to impact the emergency responder radio system in the region. 15.36A.041 Section Chapter 903 amended – Automatic sprinkler systemsFire protection and life safety systems. Chapter 9 of the International Fire Code, entitled “Fire Protection and Life Safety Systems,” is adopted with the following amendments: A. Construction documents. Section 901.2 of the International Fire Code, entitled “Construction documents,” is amended by adding the following new subsection: Section 901.2.2 Plans. In addition to the requirements in the building and fire codes, all plans for automatic fire extinguishing systems, including sprinkler system underground piping, shall bear the stamp and signature of a Washington State professional engineer who is registered as qualified in fire protection engineering, or registered as a certified sprinkler contractor through the Washington State Fire Marshal’s Office, or as approved by the fire code official. B. Fire Areas. Section 901.4.3 of the International Fire Code, entitled “Fire areas,” is amended by adding the following new subsection: Sec. 901.4.3.1 Fire Area Applicability. For purposes of this chapter, a “fire wall,” “fire barrier,” or “horizontal assembly” shall only be considered to separate a building so as to not exceed the limits established for requiring Commented [JK29]: No proposed language change. Moved from 15.38A.041F. Commented [JK30]: Moved from 15.38A.041E. Minor language modification included for clarity. Page 213 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 48 of 63 Rev. 2021 an automatic fire extinguishing system and only upon approval of the building official and/or the fire code official. C. General. Section 903.1 of the International Fire Code, entitled “General,” is amended by substituting with the following: 903.1 General. Automatic sprinkler systems shall comply with this section. Systems shall be installed and maintained in an operable condition as specified in this chapter in the following locations as determined by the building and fire code official: a. All new buildings that do not have adequate fire flow to achieve the minimum fire flows required by the city of Auburn design standards or do not have adequate emergency fire vehicle access as required in the fire code and as determined by the fire code official. Additional fire suppression or other safety measures may be required when additional fire flows are required by the fire code official as referenced in Appendix B of the International Fire Code. b. All new buildings except those classed as Group R-3 and Group U, when any of the following occur: 1. The building has more than 10,000 square feet of floor area, or is higher than 30 feet, or requires more than 2,500 gallons per minute of fire flow. c. All new buildings that contain more than 8,000 square feet of Group A occupancies. d. All buildings which undergo any alteration, or repair which changes the character of the occupancy or use and which increases the fire or life safety or structure hazard. e. All buildings which undergo any additions that increase the floor area of a building beyond the thresholds above. For such additions, exiting building areas shall comply with this chapter. Commented [JK31]: Moved from 15.38A.041A B C D G. Minor language modifications included for clarity. Page 214 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 49 of 63 Rev. 2021 AD. Automatic Sprinkler Systems – Speculative Use Warehouses. Section 903.2.11 of the International Fire Code, entitled “Specific buildings areas and hazardsAutomatic Sprinkler Systems,” is amended by adding the following new subsections: 903.2.11.1.4 and 903.7: Sec. 903.2.11.1.4 Speculative use warehouses. Where the occupant, tenant, or use of the building or storage commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accordance with the following: 1. The design area shall be not less than 2,000 square feet. 2. The density shall be not less than that for class IV non- encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engineer of record shall provide written verification approving of the point and dead loads. E. Automatic sprinkler riser rooms. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by adding the following new subsection: Sec. 903.7. Automatic sprinkler riser rooms. All automatic sprinkler system risers shall be located in a dedicated room. The room enclosure shall meet minimum code requirements for applicable fire resistive ratings and be provided with an exterior door, lighting, and Commented [JK32]: No proposed language change. Moved from 15.38A.051. Commented [JK33]: Updated for clarity and to add specific requirement that sprinkler riser rooms require a ceiling. Page 215 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 50 of 63 Rev. 2021 heat, and a smoke barrier ceiling. This requirement shall include any NFPA 13, and 13R fire sprinkler systems. EXCEPTION: Fire sprinkler systems installed according to the IRC shall have an approved location for the riser13D single family dwellings or Townhomes defined within the IRC . 15.36A.045 Section 3205 amended – Housekeeping and maintenance. A. Automatic Sprinkler Systems – Speculative Use Warehouses. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by adding the following new subsections 903.2.9.3 and 903.7: Sec. 903.2.9.3. Speculative use warehouses. Where the occupant, tenant, or use of the building or storage commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accordance with the following: 1. The design area shall be not less than 2,000 square feet. 2. The density shall be not less than that for class IV non- encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engineer of record shall provide written verification approving of the point and dead loads. Sec. 903.7. Automatic sprinkler riser rooms. All automatic sprinkler system risers shall be located in a dedicated room with an exterior door, lighting and heat. This requirement shall include any NFPA 13, 13R and 13D systems which serve more than one (1) dwelling unit or unit of occupancies. Commented [JK34]: Updated to clarify that IRC project (single family dwellings and Townhomes) applications do not require a riser room in accordance with IFC but are required to have an approved location. Commented [JK35]: Redundant section, previously adopted in 15.36A.041 above. Page 216 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 51 of 63 Rev. 2021 EXCEPTION: 13D single family dwellings or Townhomes defined within the IRC. B. International Fire Code Section 3205 is amended to read as follows: 3205.6.1 – Signage. Facilities designed in accordance with this section shall include the appropriate signage (as shown below) and shall be properly posted. Example of approved signage required for use of Section 3205.6.1, as amended: 1. This sign must be posted prior to building being stocked and/or occupied. 2. Mount signs at 50'0" O.C. on all walls starting 25'0" from any exterior corner; also on two sides of each column or other location approved by the fire marshal. 3. Signage required on end of racks, if installed. 4. In accordance with the International Fire Code as amended. (Ord. 6601 § 19, 2016.) Page 217 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 52 of 63 Rev. 2021 NEW SECTION 15.36A.051 Section 6107 amended – Safety Precautions and Devices International Building Code Section 6107 is amended by adding the following new subsections: Sec. 6107.5 Protecting containers from displacement. LP-gas containers greater than or equal to 125-gallons must be anchored or strapped to prevent lateral displacement. Anchors or straps must be an approved, listed device. Methods of securing LP-gas containers 2,000-gallons or greater must be designed by a licensed professional. Sec. 6107.6 Earthquake shut-off valves. LP-gas containers greater than or equal to 125-gallons must be protected with an approved, listed earthquake shut-off device. 6107.7 Non-compliant installed LP-gas containers. Existing, non-compliant LP-gas containers must be upgraded to comply with sections 6107.5 and 6107.6 when accessory to a building undergoing a change in use or when tank is replaced or modified. 15.36A.063 Appendix D amended – Fire apparatus access roads. A. Sections, D104, D105, D106 and D107 of Appendix D of the International Fire Code, entitled “Fire Apparatus Access Roads,” is are adopted with the following amendments: additions to sections D104, D106 and D107: Sec. D104.3.1 Where the area to be served is adjacent to only one public access road or remoteness distance is not feasible due to topography, waterways, nonnegotiable grades, existing improvements or other similar conditions, secondary fire apparatus access roads shall be located as distant as possible or waived. Sec. D106.3.1 Where the area to be served is adjacent to only one public access road or remoteness distance is not feasible due to topography, waterways, nonnegotiable grades, existing improvements or other similar conditions, secondary fire apparatus access roads shall be located as distant as possible or waived. Commented [JK36]: Proposed new additional amendments to address potential safety concerns for liquid petroleum gas tanks of 125-gallons or more. Proposing additional measures beyond the minimums required by State adopted codes to include methods to secure tanks and incorporate automatic shutoff valve for seismic events. Note that this recommended change does not include retroactive requirements for existing tanks but propose that requirements apply for future replacement, modification, or associated building change of use for existing tanks. Commented [JK37]: Added additional guidance regarding remote access requirements for commercial, multi-family, and residential applications where required remote access cannot be achieved. Note that Appendix D is considered an optional reference not adopted by the State and is subject to jurisdictional adoption/modification. Page 218 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 53 of 63 Rev. 2021 Sec. D107.2.1 Where the area to be served is adjacent to only one public access road or remoteness distance is not feasible due to topography, waterways, nonnegotiable grades, existing improvements or other similar conditions, secondary fire apparatus access roads shall be located as distant as possible or waived. B. In case of conflict between the requirements contained in Appendix D of the 20158 International Fire Code, and the City of Auburn Design Standards, the requirements of the City of Auburn Design Standards shall govern. NEW SECTION 15.36A.067 Appendix L amended – Requirements for Fire Fighter Air Replenishment Systems Appendix L of the International Fire Code entitled “Requirements for Fire Fighter Air Replenishment Systems” is adopted with the following amendment: A. Section L101.1 Scope. is deleted in its entirety and is replaced with the following: L101.1 Scope. Fire fighter air replenishment systems (FARS) shall be provided in accordance with this appendix in all new buildings meeting the IBC definition of a high-rise building. 15.36A.091 Fire alarm and detection systems. A. International Fire Code Chapter 9 is amended to read as follows: 907.1.3 Equipment. Equipment systems and their components shall be listed and approved for the purposes for which they were installed. All new systems shall be addressable. Each device shall have its own address and annunciate individual device addresses at a UL Central Station. 907.1.4 Approved Fire Alarm and Detection Systems. In addition to any requirement of 907.2 or 907.3, all new buildingsoccupancies exceeding 5,000 square feet gross floor area or additions increasing the total area to greater than 5,000 square feet shall be required to Commented [JK38]: Proposing adoption of Appendix K as recommended by the Valley Regional Fire Authority. Additional amendment proposed to clarify the applicability of this requirement is for “high-rise building” applications defined by the IBC as buildings with an occupied floor 75-ft or greater from the lowest level of fire department vehicle access. Note that there are no existing or currently proposed projects within the city limits that meet this definition. ACC 18 limits building height to a maximum of 75-ft currently. Proposed adoption is intended to be in place for potential high-rise development in the future. Commented [JK39]: Clarification that alarm requirements of this section is not retroactive but applies to new construction and additions. As written, it is open to interpretation about whether it is retroactive. Page 219 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 54 of 63 Rev. 2021 provide an approved automatic fire detection and alarm system. Fire walls shall not be considered to separate a building to enable deletion of the required fire detection system. EXCEPTIONS: 1. Group “U” Occupancies. 2. Occupancies protected throughout by an approved monitored automatic sprinkler system may delete heat and smoke detectors from the system. 32. One and Two Family residences. 907.5.2.3.1 Employee Work Areas. Visible and audible alarm notification appliances shall be provided in employee work areas. B. For purposes of this chapter, a “fire wall,” “fire barrier,” or “horizontal assembly” shall not be considered to separate a building so as to avoid the required automatic fire alarm and detection system. A building shall have a minimum distance of five feet from any point of the building to any point of another building and from the property line in order to be considered a separate building. (Ord. 6601 § 21, 2016; Ord. 6310 § 16, 2010; Ord. 6104 § 14, 2007.) Section 6. Amendment to City Code. Section 15.48.40 of Chapter 15.48, Moving Buildings, of the Auburn City Code is amended to read as follows. 15.48.040 Permit – Application – Form. The application shall be made in writing, upon forms provided by the department of community development and public works department, and shall be filed with the department of community development and public works department. (Ord. Commented [JK40]: Proposed removal of this exception as recommended by VRFA. The was intended to offer an exception to required detection systems inside interior environments that could result in false trigger of sprinkler system. However blanket exception has resulted in situations unintended by code. The IFC offers opportunities for exception to heat and smoke detection for certain uses that are more appropriate. Commented [JK41]: Updated to clarify applicable department. Page 220 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 55 of 63 Rev. 2021 6601 § 24, 2016; Ord. 6310 § 22, 2010; Ord. 2856 § 2, 1974; 1957 code § 2.14.030(A).) Section 7. Amendment to City Code. Chapter 15.20, Vacant Property Management, of the Auburn City Code is amended by adding new sections 15.20.010, 15.20.020, 15.20.030, 15.20.040, 15.20.050, 15.20.060, 15.20.070, 15.20.080, 15.20.090 and amending the chapter title to read as follows. Chapter 15.20 PROPERTY MAINTENANCE CODE AND VACANT PROPERTY MANAGEMENT Sections: 15.20.010 Vacant property registration Adoption of international property maintenance code. 15.20.020 Appendices adopted. 15.20.030 Sections 103.1 and 103.5 amended. 15.20.040 Sections 107.2 and 107.3 amended. 15.20.050 Section 110 amended – Demolition. 15.20.060 Section 111 amended – Means of appeal. 15.20.070 Sections 112.2 and 112.4 amended – Stop work order. 15.20.080 Sections 302.4 and 304.14 amended – General requirements. 15.20.090 Sections 602.3 and 602.4 amended – Mechanical and electrical requirements. 15.20.100 Vacant property registration.(Ord . 6744, 6708 § 6, 2018.) NEW SECTIION 15.20.010 Adoption of International Property Maintenance Code. The International Property Maintenance Code adopted in Chapter 15.06 shall be on file in the office of the City Clerk. The code as amended in this chapter shall govern over the published provisions of that code. W here the International Property Maintenance Code references the code official, that shall refer to and be construed to mean the building official as used in the city code. Unless the context Commented [JK42]: No language change proposed. Moved from 15.06 as previously discussed. Page 221 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 56 of 63 Rev. 2021 clearly indicates otherwise, the terms “code official” and “buil ding official” shall be synonymous. NEW SECTION 15.20.020 Appendices Adopted. International Property Maintenance Code Appendix Chapter A, Boarding Standard, is hereby adopted. A copy of the International Property Maintenance Code Appendix Chapter A, Boarding Standard, shall be on file in the office of the city clerk. NEW SECTION 15.20.030. Sections 103.1 and 103.5 amended. Sections 103.1 and 103.5 of the International Property Maintenance Code are amended to read as follows: 103.1 Department of property maintenance inspection. The department of community development and public works is responsible for implementation and enforcement of the International Property Maintenance Code. 103.5 Fees. The fees for activities and services performed by the city in carrying out its responsibilities under this code, including hearings conducted by the hearing examiner, shall be as indicated in the city of Auburn fee schedule. NEW SECTION 15.20.040 Sections 107.2 and 107.3 amended. Sections 107.2 and 107.3 of the International Property Maintenance Code are amended to read as follows: 107.2 Notices and orders. Such notice prescribed in Section 107.1 shall be in accordance with the provisions of Chapter 1.25 regarding the form of notices. Page 222 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 57 of 63 Rev. 2021 107.3 Method of service. Notices shall be deemed to be property served if delivered in accordance with the provisions of Chapter 1.25 regarding the method of services of notices. NEW SECTION 15.20.050 Section 110 amended – Demolition. International Property Maintenance Code Section 110.1 is amended to read as follows: Section 110.1 General. The code official shall order the owner or owner’s authorized agent of any premises upon which is located any structure, which in the code official’s or owner’s authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, the code official shall order the owner or owner’s authorized agent to demolish and remove such structure, or board up until future repair. Unless the code official determines that other measures are appropriate based on the circumstances, boarding the building up for future repair shall comply with appendix A and the structure shall not remain boarded beyond thirty (30) days, except where a non- opaque material is used that provides the same level of security as provided by the requirements of Appendix A, the boarding may remain in place for no more than one year. Timeframe extensions may be approved by the code official. NEW SECTION 15.20.060. Section 111 amended – Means of appeal. Page 223 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 58 of 63 Rev. 2021 Section 111 of the International Property Maintenance Code is deleted in its entirety and is replaced with the following: 111 Means of appeal. Any person directly affected by a decision of the code official or a notice or order issued under the international property maintenance code shall have the right to appeal the decision, notice, or order, accept notices to correct and the notices described in section 107. The means for appealing shall be that provided in ACC 15.07.130, as hereafter amended. NEW SECTION 15.20.070. Sections 112.2 and 112.4 amended – Stop work order. Sections 112.2 and 112.4 of the International Property Maintenance Code are amended to read as follows: 112.2 Issuance. The provisions of Auburn City Code Chapter 1.25 regarding stop work orders shall govern the issuance of a stop work order under this code. 112.4 Failure to comply. The provisions of Auburn City Code Chapter 1.25 shall govern the enforcement of stop work orders and the penalty for failing to comply with an order. NEW SECTION 15.20.080. Sections 302.4 and 304.14 amended – General requirements. Sections 302.4 and 304.14 of the International Property Maintenance Code are amended to read as follows: 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and Page 224 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 59 of 63 Rev. 2021 vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, according to the abatement process contained in ACC 8.12, and the costs of such removal shall be paid by the owner or agent responsible for the property. 304.14 Insect Screens. During the period from April 1 to October 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm) and every screen door used for insect control shall have a self- closing device in good working condition. NEW SECTION 15.20.090. Sections 602.3 and 602.4 amended – Mechanical and electrical requirements. Sections 602.3 and 602.4 of the International Property Maintenance Code are amended to read as follows: 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during year-round to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: Page 225 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 60 of 63 Rev. 2021 a. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. b. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat year-round to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: a. Processing, storage and operation areas that require cooling or special temperature conditions. b. Areas in which persons are primarily engaged in vigorous physical activities. Page 226 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 61 of 63 Rev. 2021 Section 8. Amendment to City Code. Section 15.74.040 of Chapter 15.74, Land Clearing, Filling and Grading, of the Auburn City Code is amended to read as follows. 15.74.050 Exemptions. A. The following are exempt from the requirements of this chapter: 1. Removal of dead or diseased trees, shrubs, or ground cover. 2. EE Clearing and grading not to exceed 6,999 square feet of area within individual lots, for the purpose of the construction of a single-family home or duplex, provided a building permit has been issued by the city prior to commencing the clearing and grading activities and construction of the structure starts within 90 days of commencing clearing and grading activities. 4. The removal of up to six trees per lot within any 12-month period, or for lots greater than one acre, up to six trees per acre within any 12-month period, with fractional acres of one-half acre or more considered to be a whole acre. 5. Clearing and grading for the construction and maintenance of public facilities as approved by the city engineer to include water, sanitary sewer, streets, highways, storm drainage and related facilities. 6. Removal of trees, shrubs, and ground cover in emergency situations involving immediate danger to life or property. 7. Routine landscape maintenance and minor repair. 8. Removal of trees and vegetation consistent with an approved surface mining permit. 9. Removal of a tree from property zoned residential that endangers a permanent structure by being closer to the structure than the distance from the base of the tree to its top, regardless of whether the tree is located on the same property as the structure. Page 227 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 62 of 63 Rev. 2021 10. Upon approval of the city engineer or designee, clearing and grading not to exceed 500 cubic yards consisting of excavations of less than five feet in vertical depth and/or fills less than eight inches of vertical depth. 11. Upon approval of the city engineer or designee, the temporary stockpiling of less than 500 cubic yards, combined, of topsoils, crushed rock, sawdust, mulch, bark, chips, or similar materials on a lot, tract, or parcel of land for a period not to exceed 12 months; provided, that the stockpile has adequate coverage to prevent erosion. 12. Upon approval of the city engineer or designee, the temporary stockpiling of organic or inorganic materials used in an approved construction project, provided the use, location, duration, and extent of the stockpile was disclosed through the environmental or development review process. In no case shall a temporary stockpile remain beyond a 24- month period. 13. The New plus replaced hardcreation of impervious surfaces which have a surface area less than 2,000 square feet. 14. Emergency temporary sandbagging, diking, ditching, filling or similar work during or after periods of extreme weather conditions when done to protect life or property, provided such measures do not adversely impact adjacent properties or public facilities. B. An exemption from clearing, filling, and grading permit requirements does not exempt a property owner from the policies, criteria, and standards contained in this chapter or other applicable local, state, or federal regulations or permit requirements. C. The property owner is responsible to ensure that clearing of any trees that are within striking distance of a structure or have the potential to cause damage to others is performed by a licensed and bonded contractor. (Ord. 6617 § 20, 2016; Ord. 6601 § 33, 2016; Ord. 6283 § 14, 2009; Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.) 1 Note: This section identifies exceptions internal to this chapter. The listed exceptions set forth herein do not preclude the application of requirements of other chapters of the city code thereto. Section 9. Repealing City Code. Sections 15.06.020, 15.06.040, 15.06.050, 15.36A.025, 15.36A.041 and Chapter 15.38A of the Auburn City Code are repealed. Commented [JK43]: Minor change proposed to be consistent with Auburn Engineering Design Standards. Page 228 of 316 -------------------------------- Ordinance No. 6763 January 4, 2021 Page 63 of 63 Rev. 2021 Section 10. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 11. 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 12. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law, but no earlier than February 1, 2021. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 229 of 316 AUBURN VALUES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION CITY COUNCIL STUDY SESSION BUILDING CODE UPDATE PRESENTED BY DEPARTMENT OF COMMUNITY DEVELOPMENT JASON KRUM DECEMBER 14, 2020 Department of Community Development Planning Building Development Engineering Permit Center Sustainability Community Services ●Code EnforcementPage 230 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •The International Code Council (ICC) published 2018 I -codes in 2017 INTERNATIONAL BUILDING CODE Page 231 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •The State Building Code Council (SBCC) published proposed amendments to the 2018 codes in 2019 •The 2018 codes and amendments were adopted in July 2019 WASHINGTON STATE BUILDING CODE •Originally scheduled for effective date of 07/2020 •Effective date postponed to 02/2021 Page 232 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •2018 International Building Code •2018 Int.Existing Building Code •2018 Int.Pool and Spa Code •ICC/ANSI A 117.1 -2009 Accessible and Usable Buildings and Facilities •2018 International Residential Code •2018 International Mechanical Code •2018 International Fuel Gas •2018 NFPA 58 National Fuel Gas Code •2017 NFPA 54 Liquefied Petroleum Gas Code •2018 International Fire Code •2018 Uniform Plumbing Code •2018 Washington State Energy Code –Commercial •2018 Washington State Energy Code -Residential WASHINGTON STATE BUILDING CODE Page 233 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •Occupiable Roof Areas •Cooking Facilities & Smoke Barriers –I -1, R •Medical Gas •Higher Education Laboratories •Security Access Turnstiles •Carbon Monoxide Alarms -Alterations SIGNIFICANT UPDATES –ICC: IBC Page 234 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •Solar Roof Access and Pathways •Deck design SIGNIFICANT UPDATES –ICC: IRC Page 235 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •Occupancy Class: Marijuana Processing, F -1 •Mass Timber •Fire Pumps •Pressurized Stairwell Standby Power SIGNIFICANT UPDATES –WSBCC: IBC Page 236 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •Submittal documents -Digital form •ADU in Duplex •Basement Sleeping Rooms •Habitable Attics & Sleeping Lofts •Townhomes >4 = Fire Sprinklers •Heat Detection New Garages SIGNIFICANT UPDATES –WSBCC: IRC Page 237 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •15.06.010(B) International Residential Code: Adoption of New Appendix Q, “Tiny Houses” •Definition: A dwelling that is 400-sf or less in floor area excluding lofts •Includes alternative minimums for ceiling height, loft areas, stair width, stair risers, and headroom SIGNIFICANT UPDATES –WSBCC: IRC Page 238 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •WA State Energy Code Progress toward 2030 •RCW 19.27A.160 Construction Energy Use Reduction 2031 required to use 70% less energy than a building constructed in 2006 •2006 WSEC = 100% Energy Use •2018 WSEC = 55% Energy Use •2031 WSEC = 30% Energy Use SIGNIFICANT UPDATES –WSBCC: ENERGY CODE Page 239 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •Fuel Normalization –Carbon Emissions •Building Envelope –Floor, wall, ceiling insulation, Window glazing, Slab •Air Leakage & Ventilation •HVAC •Water Heater •Renewable Energy (Solar or Wind) •Appliances SIGNIFICANT UPDATES –WSBCC: RESIDENTIAL ENERGY CODE Page 240 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •Balanced Ventilation System •Compartmentalization •Continuous Insulation •Doors & Windows •Air Leakage Testing –Mandatory •Dedicated Outdoor Air Systems •Total System Performance Ratio •Alterations to existing buildings SIGNIFICANT UPDATES –WSBCC: MULTI-FAMILY ENERGY CODE / COMMERCIAL Page 241 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •City of Auburn adopts codes and amendments in ACC Title 15 –Buildings and Construction •Title 15 currently includes 15 Chapters •Planning Commission has recommendations for Title 15 updates to adopt and amend the 2018 codes in preparation for the 02/01/2021 effective date AUBURN CITY CODE Page 242 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •Updated references to 2018 codes •Updated reference titles & minor clarifications •Updated references to Community Development ACC TITLE 15 UPDATES: MINOR Page 243 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •15.06.010(J) International Property Maintenance Code •Re -locating to 15.20 / No Code language changes •15.06.040 Penalties and enforcement •Re -locating to 15.07/ No Code language changes •Combine Chapter 15.36A & 15.38A Fire Code •15.36A Fire Code, amendments to IFC •15.38A Fire Protection Requirements ACC TITLE 15 UPDATES: MINOR Page 244 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •15.07.050 Permits •Revision of refund language from 80% to full amount less resubmittal fee for administrative costs •Additional refund language for previously unaddressed step between permit approval and issuance •Revised term of expiration for permit refund from 360-days from expiration to coincide with permit expiration PERMIT APPLIED PERMIT APPROVED PERMIT ISSUED Plan Check/ Application Fee Permit Fee ACC TITLE 15 UPDATES Page 245 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •15.07.100 Certificate of occupancy •Updated language regarding public improvements and the relationship to final inspection and certificate of occupancy ACC TITLE 15 UPDATES Page 246 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •15.36A.031 Fire service features •Added some clarification on adopted elements of Chapter 5 of IFC regarding fire access & service features for consistency with Auburn Engineering Design Standards ACC TITLE 15 UPDATES Page 247 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •15.36A.041(E) –Automatic Sprinkler Riser Rooms •Added clarification on riser room enclosure requirements •15.36A.051 Liquid Petroleum Tanks •Added a requirement for LP Tanks to be secured and include earthquake shut-off device •Not proposed as retroactive but applies to modifications ACC TITLE 15 UPDATES Page 248 of 316 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION •15.36A.031(E) –Emergency Responder Radio Coverage •Replacing Section 510 of IFC with proposed by regional task force to prepare for PSERN •15.36A.67 Fire Fighter Air Replenishment Systems •Proposed adoption of new appendix to IFC (as of 2015 IFC) and clarification language on applicability to apply to “high-rise buildings” ACC TITLE 15 UPDATES Page 249 of 316 AUBURN VALUES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Department of Community Development Planning Building Development Engineering Permit Center Sustainability Community Services ●Code Enforcement •Thank you for your time •Any Questions? Page 250 of 316 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6799 (Tate)(15 Minutes) Date: December 9, 2020 Department: Community Development Attachments: Staff Report Ordinance No 6799 Exhibit A-1 to Ordinance No 6799 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Planning Commission recommends to City Council approval of the staff recommended changes to Title 17, (Land Divisions and Adjustments) and Title 18, (Zoning) related to updating provisions for wireless telecommunications facilities. Background Summary: See attached Staff Report - Exhibit A Rev iewed by Council Committees: Councilmember:Brown Staff:Tate Meeting Date:December 14, 2020 Item Number: Page 251 of 316 Title: Ordinance No. 6799 Agenda Category: Consent Resolution Ordinance Discussion Date: 12/7/2020 Department: Community Development Budget Impact: $0 Item Description (Appears on the Cover Agenda only): An Ordinance amending and repealing language of the Auburn City Code related to updating provisions for wireless telecommunications facilities. Administrative Recommendation (Appears on Agenda Bill): Introduce and discuss Ordinance No. 6799 Background Summary: This is second part of the subject that was introduced and discussed at the Study Session on November 23, 2020. This a separate and companion ordinance and is considered subsequently because the two titles of City code proposed for change by this ordinance are subject to Planning Commission review and recommendation. Due to changes in Federal and State regulations that govern the regulation of utilities, telecommunications and cable facilities in the public ways, on city property and on private property, staff has determined that updates to seven titles of the Auburn City Code are necessary. Because the proposed amendments or repealing of language in each Title, Chapter, and Section for each Ordinance are related, they ultimately will be presented to City Council all together. However, the changes to two of the Titles of City Code, Titles 17, (Land Divisions and Adjustments) and 18, (Zoning) are development regulations subject to review and recommendation by the Planning Commission. As a result, the schedule for these is different. While the first five Titles and their corresponding three Ordinances No. 6790, 6797, and 6798 were reviewed and discussed by the City Council at the Study Session held on November 23, 2020. Titles 17 and 18 have been deferred to provide time for a public hearing before the Planning Commission and their decision in the form of a recommendation. The Planning Commission recommendation for approval of the code changes as presented by staff is scheduled for review and discussion by the City Council at the Study Session on December 14, 2020. Staff intends to bring all four related Ordinances forward to City Council on December 21, 2020 for approval. Ordinance No. 6799 amends Section 17.14.080, repeals Chapter 17.28, amends Sections 18.02.040, 18.04.912, 18.07.020, 18.23.030, 18.31.100, 18.31.110, and 18.35.030 of the Auburn City Code. Key changes to these Sections and Chapter are as follows: • Repeal of Chapter 17.28 ACC as it is duplicative and addressed in Chapter 13.32A ACC. • Update Auburn City Code in conformance with current federal and state requirements related to wireless communication facilities. • Modernize procedural provisions to reflect actual process. • Minor changes to improve clarity and correct references throughout. The City of Auburn Planning Commission reviewed the proposed amendments and changes to Title 17 and 18 at a special meeting on October 20, 2020, held a public hearing at a regular meeting on November 4, 2020 and considered public comment. The Planning Commission closed the record and continued the public hearing to November 17, 2020 and again to December 8, 2020, and at this meeting recommended approval. Ordinance No. 6799 authorizes amendments or repealing of language in Titles 17 and 18 of the Auburn City Code as shown in Exhibits A through I of the Ordinance. The proposed amendments or repealing of language to the Auburn City Code are also subject to review by the Washington State Department of Commerce for State agency review and subject to the State Environmental Policy Act and these steps were completed in October 2020. List Attachments: Agenda bill, Ordinance No. 6799, and Exhibits A-I Reviewed by Council Ad Hoc Committees or Commissions: Other: Meeting Date: Study Session 12/14/2020 Staff: Tate Page 252 of 316 -------------------------------- Ordinance No. 6799 November 9, 2020 Page 1 of 4 Rev. 2019 ORDINANCE NO. 6799 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO REGULATION OF UNDERGROUND UTILITIES, INFRASTRUCTURE CONDUIT, AND WIRELESS COMMUNICATION FACILITIES, AND AMENDING SECTION 17.14.080, REPEALING CHAPTER 17.28, AND AMENDING SECTIONS 18.02.040, 18.04.912, 18.07.020, 18.23.030, 18.31.100, 18.31.110, AND 18.35.030 OF THE AUBURN CITY CODE WHEREAS, the City of Auburn adopted Ordinance No. 4296 on July 18, 1988 repealing the previous Title 17 and enacting a new Title 17 entitled Land Adjustments and Divisions, which contains standards, regulations and processes for the division of land and adjustment of property boundaries within the City; and WHEREAS, the City of Auburn adopted Ordinance No. 6414 on July 16, 2012 creating a new Chapter 17.28 ACC relating to the requirement for construction of infrastructure conduits; and WHEREAS, the City of Auburn adopted Ordinance No. 4229 on June 1, 1987 repealing the previous Title 18 and enacting a new Title 18 entitled Zoning, which divides the City into zones wherein the location, height, use of buildings, land, and zoning development standards are established, regulated and restricted in accordance with the comprehensive plan for the City; and WHEREAS, the City of Auburn adopted Ordinance No. 5020 on September 15, 1997, Ordinance No. 6245 on June 1, 2009, and Ordinance Nos. 6433 and 6434 on November 5, 2012, relating to the definition, siting and zoning of wireless communication facilities in Title 18; and Page 253 of 316 -------------------------------- Ordinance No. 6799 November 9, 2020 Page 2 of 4 Rev. 2019 WHEREAS, the City of Auburn has made updates and amendments as necessary within Title 17 and Title 18 for the regulation of wireless communication facilities since the adoption of Ordinance Nos. 4296, 4229, 5020, 6245, 6414, 6433, and 6434; and WHEREAS, the industry and technology of wireless communication facilities continues to evolve as does the public’s reliance on this form of communication; and WHEREAS, due to changes in Federal and State regulations that govern the regulation of such industries and their presence within the City, it is necessary to update the Auburn City Code in all titles, chapters and sections that authorize, regulate, affect or otherwise govern the review, construction, placement and siting of such telecommunications, cable and other utility facilities on public or on private property; and WHEREAS, the City also seeks to clarify and update terms, procedural requirements and approval processes for permits, for telecommunications, cable and other utility facilities placed on public and on private property; and WHEREAS, the City of Auburn Planning Commission reviewed staff’s recommended changes at a special meeting on October 20, 2020, held a public hearing at a regular meeting on November 4, 2020, November 17, 2020, and December 8, 2020, and recommended approval of the changes to the Titles set forth herein; and WHEREAS, the proposed amendments and changes to the Auburn City Code that are the subject of this Ordinance were also subject to state agency review by the Washington State Department of Commerce on or about October 9, 2020; and WHEREAS, the proposed amendments and changes to the Auburn City Code that are the subject of this Ordinance were also subject to State Environmental Policy Act review and decision issued October 19, 2020. Page 254 of 316 -------------------------------- Ordinance No. 6799 November 9, 2020 Page 3 of 4 Rev. 2019 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Section 17.14.080 of the Auburn City Code is amended to read as shown in Exhibit A. Section 2. Amendment to City Code. Chapter 17.28 of the Auburn City Code is repealed as shown in Exhibit B. Section 3. Amendment to City Code. Section 18.02.040 of the Auburn City Code is amended to read as shown in Exhibit C. Section 4. Amendment to City Code. Section 18.04.912 of the Auburn City Code is amended to read as shown in Exhibit D. Section 5. Amendment to City Code. Section 18.07.020 of the Auburn City Code is amended to read as shown in Exhibit E. Section 6. Amendment to City Code. Section 18.23.030 of the Auburn City Code is amended to read as shown in Exhibit F. Section 7. Amendment to City Code. Section 18.31.100 of the Auburn City Code is amended to read as shown in Exhibit G. Section 8. Amendment to City Code. Section 18.31.110 of the Auburn City Code is amended to read as shown in Exhibit H. Section 9. Amendment to City Code. Section 18.35.030 of the Auburn City Code is amended to read as shown in Exhibit I. Section 10. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Page 255 of 316 -------------------------------- Ordinance No. 6799 November 9, 2020 Page 4 of 4 Rev. 2019 Section 11. 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 12. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law, or on January 1, 2021, whichever is later. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 256 of 316 ------------------------- ORD 6799 EXHIBIT A PAGE 1 of 1  ORDINANCE 6799 EXHIBIT A 17.14.080 Underground utilities. A. Consistent with ACC Titles 12 and 13 ACC and the city’s design and construction standardsEngineering Design and Construction Standards, all utility lines serving the subdivision, including but not limited to power, telephone and television cables, shall be installed underground. Adequate easements shall be provided for all such utility lines which will not be located within public right-of-way. Television conduit and miscellaneous hardware shall be installed according to the requirements of Chapter 13.3620.06 ACC. B. Whenever an intersection of an arterial and any other street is constructed or improved under the requirements of this title, and when the city engineer has determined that traffic signalization of such intersection will be needed in the future, the city engineer may require the installation, at the subdivider’s applicant’s expense, of underground conduit which will be necessary for and will facilitate such future signalization. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.240.)   Page 257 of 316   ------------------------- ORD 6799 EXHIBIT B PAGE 1 of 1  ORDINANCE 6799 EXHIBIT B Chapter 17.28 INFRASTRUCTURE CONDUIT [Repealed] Sections: 17.28.010 Infrastructure conduit in streets. 17.28.010 Infrastructure conduit in streets. In addition to the other requirements set forth in this title, any time street improvements or right-of-way improvements are to be provided in connection with development activity governed hereby, the city review process shall determine in consultation with public works, police, parks, arts, and recreation, planning and development departments, information services, and with the local fire authority, whether conduit at least three inches in diameter should be included therein, in which cases, if so required, the applicant shall construct said improvement in conformance with the public facility extension requirements of Chapter 13.40 ACC. (Ord. 6414 § 3, 2012.)  Page 258 of 316   ------------------------- ORD 6799 EXHIBIT C PAGE 1 of 1  ORDINANCE 6799 EXHIBIT C   18.02.040 Applicability. A. The provisions of this title shall apply to both public and private use of land within the corporate limits of the city. B. Hereafter, no use shall be conducted, and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the provisions of this title, and then only after securing all permits and approvals required hereby. It shall be unlawful to build or use any building or structure or to use premises in the city for any purpose or use other than the uses listed as being permitted in the zone in which such building, land, or premises is located. C. Any building, structure or use lawfully existing at the time of passage of this title, although not in compliance herewith, may continue as provided in Chapter 18.54 ACC. D. No division of land shall occur unless in compliance with the provisions of this title and ACC Title 17 ACC, Land Adjustments and Divisions. E. This title is not intended to regulate the public ways as defined in ACC 20.02.020.the erection, construction, or reconstruction of public streets, power poles, street lights, utility facilities, utility conveyance or storage systems, transmission lines, or other public uses necessary to support the general public welfare, carried on by the city, or agents of the city working under the appropriate contract or franchise. (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987. Formerly 18.02.030.) Page 259 of 316 ------------------------- ORD 6799 EXHIBIT D PAGE 1 of 8  ORDINANCE 6799 EXHIBIT D   18.04.912 Wireless communications - Definitions. “Wireless communications” means the provision of any personal wireless service, as defined in the Telecommunications Act of 1996, and for the purposes of this title includes the following terms: A. “Alternative Tower Structure” means man-made trees, clock towers, bell steeples, light poles, buildings, and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflages or conceals the presence of Antennas or Towers so as to make them architecturally compatible with the surrounding area pursuant to this title. This term also includes any Antenna or Antenna array attached to an Alternative Tower Structure. A stand- alone pole that that accommodates Small Wireless Facilities is considered an Alternative Tower Structure to the extent it meets the concealment standards of this Code. B. “Antenna” means any devise used to transmit and/or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices and configurations, and exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals.a device used in wireless communications which transmits and/or receives radio signals. Antennas include the following types: 1. Accessory: Antennas including, but not limited to, test mobile antennas and Global Positioning System (GPS) antennas which are less than 12 inches in height or width and do not directly provide personal wireless communication. 2. Directional or panel: An antenna or array of antennas designed to transmit a radio signal in a particular direction typically encompassing an arc of 120 Page 260 of 316 ------------------------- ORD 6799 EXHIBIT D PAGE 2 of 8  degrees. Panel antennas, also called directional antennas, are typically flat, rectangular devices approximately six square feet in size. 3. Dish or parabolic: A bowl-shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern. 4. Whip, rod or omni-directional antenna: An antenna, tubular in shape, that transmits and receives signals throughout a 360-degree range. 5. Other: All other transmitting or receiving equipment not specifically described herein shall be regulated in conformity with the type of antenna defined herein which most closely resembles such equipment. B. “Antenna array” means one or more rods, panels, discs or similar devices attached to a support structure used for the transmission or reception of radio frequency signals. C. “Attached wireless communications facility (WCF)” means a wireless communication facility that is affixed to an existing structure other than a Tower. Examples of attached wireless communication facilities include antennas affixed to or erected upon existing buildings, water tanks, or other existing structures or replacement structures (such as in the case of a replacement stadium/ballfield light pole or a parking lot light standard). an antenna array which is attached to an existing building or structure. D. “Base station” means the structure or equipment at a fixed location that enables wireless communications, licensed or authorized by the FCC, between user equipment and a communications network. By way of example, a building, ballfield structure or a utility pole, becomes a base station once wireless facilities are permitted and attached. The term does not encompass a wireless communication tower as defined in this title or any equipment associated with a wireless communication tower. E. “Concealment”, or “concealment design techniques” means that a wireless communication facility is concealed or utilizes concealment, when any measures are Page 261 of 316 ------------------------- ORD 6799 EXHIBIT D PAGE 3 of 8  used in the design and siting of wireless communication facilities intended to make the facility look like something other than a wireless tower or base station. For example, a wireless communication facility site utilizes concealment design techniques when it (1) is integrated in an outdoor fixture such as a flagpole, or (2) uses a design which mimics and is consistent with the nearby natural or architectural features (such as an artificial tree), or (3) is incorporated into (including, without limitation, being attached to the exterior of such facilities and painted to match it) (such as a belvedere or a dormer), or replaces existing permitted facilities (including without limitation, freestanding light standards) so that the presence of the wireless communication facility is not readily apparent. The terms do not include fencing and landscape screening that is used to enhance visual compatibility at ground level. FD. “Carrier” means a company providing wireless communication services, also referred to as a wireless service provider. EG. “Co-location” means: (1) mounting or installing a WCF on a pre-existing structure, and/or (2) modifying a structure for the purpose of mounting or installing a WCF on that structure. Provided that, for purposes of Eligible Facilities Requests, “Co-location” means the mounting or installation of transmission equipment on an Eligible Support Structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. the use of a common WCF or site by two or more wireless license holders, or by one wireless license holder for more than one type of communications technology. H. “Eligible facilities request” (EFR) means any request for modification of an existing wireless communication tower or base station that was previously authorized by the local permitting jurisdiction and that does not substantially change, as defined in this Section, the physical dimensions of such wireless communication tower or base station from the original authorization involving: (1) co-location of new transmission equipment, (2) removal of transmission equipment, or (3) replacement of transmission equipment. Page 262 of 316 ------------------------- ORD 6799 EXHIBIT D PAGE 4 of 8  I. “Eligible Support Structure” means an existing wireless communication tower or base station as defined in this title and that has proposed alterations that meet the standards of an eligible facilities request FJ. “Equipment facility” means a structure used to contain ancillary equipment for a WCF which may include cabinets, shelters, an addition to an existing structure, pedestals and other similar structures. K. “Emergency wireless communication facility (EWCF)” means any structure not entirely within an enclosed building or vehicle, including antennas, guy wires, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory buildings, i.e., equipment storage buildings, energy power generating housing, and the leased or owned property surrounding the wireless communication tower and any access or utility easements, that is used for the transmission or reception of electromagnetic waves for emergency communication purposes, operated by a local public agency responsible for providing emergency services L. “Existing” means a constructed tower or base station if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. GM. “Microcells” are typically located in and exclusively benefit residential neighborhoods. Microcells Small Wireless Facilities consisting of an antenna that is either: (1) a dish or parabolic antenna that is no more than four feet in height and with an area of not more than five hundred eighty580 square inches; or (2) if a tubular antenna, that is no more than four inches in diameter and no more than six feet in height; or (3) one or more panel antennas that are no more than six feet in height, and their width or depth is no more than six inches and the aggregate area of such panel antenna(s) would not exceed 580 square inches that would be visible from any one viewpoint; or (4) similar antennas that are of comparable size and shape. Page 263 of 316 ------------------------- ORD 6799 EXHIBIT D PAGE 5 of 8  N. “Monopole” means a single, freestanding pole-type structure supporting one or more antennas. HO. “Separation” means minimum distance required by city regulation between the base of Towersprimary support structures. P. “Site” for purposes of this chapter means for wireless communication towers other than wireless communication towers in the public way, the current boundaries of the leased or owned property surrounding the wireless communication tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a State or local government, if the approval of the modification occurred prior to February 22, 2012 or otherwise outside of the Spectrum Act’s Section 6409(a) process. Q. “Small wireless facilities” shall mean the definition contained in Chapter 20.14 ACC, including Microcells, and may be permitted either within or outside of the public way, in accordance with applicable law. R. “Substantial change” for purposes of this chapter means a modification that alters the physical dimensions of an eligible support structure if, after the modification, the structure meets any of the following criteria: 1. For towers other than towers in the public way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the top of nearest existing antenna to the bottom of the new antenna, not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; 2. For towers other than towers in the public way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the Page 264 of 316 ------------------------- ORD 6799 EXHIBIT D PAGE 6 of 8  tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; 3. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure; 4. It entails any excavation or deployment outside the current site as that term is defined in this section except that, for towers other than towers in the public way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;  5. It would defeat the concealment elements of the eligible support structure; or 6. It does not comply with conditions associated with the original approval of the construction or modification of the eligible support structure or base station equipment, unless noncompliance is only in a manner that would exceed the thresholds identified in subsections (1) through (4) of this definition. For purposes of determining whether a substantial change exists, changes in height are measured from the original support structure as it existed at the time the first Eligible Facilities Request was approved for that structure in cases where facilities are or will be separated horizontally, in other circumstances, changes in height are measured from the dimensions of the wireless communication tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012. Page 265 of 316 ------------------------- ORD 6799 EXHIBIT D PAGE 7 of 8  IS. “Support structure” means a structure designed to support WCFs including, but not limited to, towers, alternative tower structures, replacement poles, and other freestanding self-supporting pole structures.the structure to which the antenna and other necessary associated hardware are attached. Support structures include but are not limited to the following: 1. Lattice tower: A structure of varying height that consists of a network of crossed metal braces forming a tower which is usually triangular or square in cross section. To be considered a primary support structure. 2. Monopole: A structure of varying height consisting of a single spire sunk into the ground and/or attached to a foundation. To be considered a primary support structure. 3. Other structures: This may include existing buildings, water towers, athletic field light poles, or other similar structures. To be considered a secondary support structure. T. “Toll” and “Tolling” means to delay, suspend or hold off on the imposition of a deadline, statute of limitations or time limit. U. “Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. V. “Wireless communications” means the provision of any personal wireless service, as defined in the Telecommunications Act of 1996, as amended, or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. Page 266 of 316 ------------------------- ORD 6799 EXHIBIT D PAGE 8 of 8  JW. “Wireless communications facility (WCF)” means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include an accessory wireless communications antenna, used for serving that building only and that is otherwise permitted under other provisions of the ACC. A WCF includes an antenna or antennas, including without limitation, direction, omni-directional and parabolic antennas, support equipment, alternative tower structures, and wireless communication towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand-held radios or telephones and their associated transmitting antennas, nor does it include other facilities specifically exempted from the coverage of this titleany nonstaffed facility for the transmission and/or reception of wireless telecommunications services, typically consisting of an antenna array, an equipment facility and/or a support structure. K. “Emergency wireless communication facility (EWCF)” means a wireless communications facility for the purpose of an emergency communication system operated by a local public agency responsible for providing emergency services. (Ord. 6716 § 1 (Exh. A), 2019; Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 5645 § 1, 2002; Ord. 5020 § 1, 1997.) Page 267 of 316 ------------------------- ORD 6799 EXHIBIT E PAGE 1 of 7  ORDINANCE 6799 EXHIBIT E   18.07.020 Uses. Table 18.07.020. Permitted Use Table – Residential ZonesZoning Designations P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 A. Residential Uses. Accessory dwelling units P P P P X1 X1 X1 Accessory use, residential P P P P P P P Adult family home P P P P P P P Bed and breakfast P P P P P P P Communal residence four or less individuals P P P P P P P Duplexes; provided, that minimum lot size of zoning designation is met and subject to compliance with Chapter 18.25 ACC (Infill Residential Development Standards) X X A P P P X Foster care homes P P P P P P P Group residence facilities (7 or more residents) X X X X C C C Group residence facilities (6 or fewer residents) P P P P P P P Keeping of animals4 P2 P2 P2 P2 P2 P2 P2 Page 268 of 316 ------------------------- ORD 6799 EXHIBIT E PAGE 2 of 7  P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 Multiple-family dwellings X X X X A P P Neighborhood recreational buildings and facilities owned and managed by the neighborhood homeowners’ association A6 A6 A6 A6 A6 P P Use as dwelling units of (1) recreational vehicles that are not part of an approved recreational vehicle park, (2) boats, (3) automobiles, and (4) other vehicles X X X X X X X Renting of rooms, for lodging purposes only, to accommodate not more than two persons in addition to the family or owner occupied unit8 P P P P P P P Residential care facilities including but not limited to assisted living facilities, convalescent homes, continuing care retirement facilities P P X X A P P Single-family detached dwellings, new P P P P P P X Supportive housing, subject to the provisions of ACC 18.31.160 X X X X X P P Swimming pools, tennis courts and similar outdoor recreation uses only accessory to residential or park uses P P P P P P P Townhouses (attached) X X X X P P P Page 269 of 316 ------------------------- ORD 6799 EXHIBIT E PAGE 3 of 7  P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 B. Commercial Uses. Commercial horse riding and bridle trails A X X X X X X Commercial retail, included as part of mixed-use development and not a home occupation in compliance with Chapter 18.60 ACC X X X X A A A Daycare, limited to a mini daycare center. Daycare center, preschool or nursery school may also be permitted but must be located on an arterial X A A A A A A Home-based daycare as regulated by RCW 35.63.185 and through receipt of approved city business license P P P P P P P Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P Marijuana cooperative X X X X X X X Marijuana processor X X X X X X X Marijuana producer X X X X X X X Marijuana related business X X X X X X X Marijuana researcher X X X X X X X Marijuana retailer X X X X X X X Marijuana transporter business X X X X X X X Mixed-use development3 X X X X P P P Page 270 of 316 ------------------------- ORD 6799 EXHIBIT E PAGE 4 of 7  P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 Nursing homes X X X X C C C Private country clubs and golf courses, excluding driving ranges X X C C C X X Privately owned and operated parks and playgrounds and not homeowners’ association-owned recreational area X A A A A P P Professional offices, included as part of mixed-use development and not a home occupation in compliance with Chapter 18.60 ACC X X X X A A A C. Resource Uses. Agricultural enterprise:7 When 50 percent, or more, of the total site area is dedicated to active agricultural production during the growing season, and with 52 or less special events per calendar year A7 X X X X X X When less than 50 percent of the total site area is dedicated to active agricultural production during the growing season, or with more than 52 special events per calendar year C7 X X X X X X Agricultural type uses are permitted provided they are incidental and secondary to the single-family use: Page 271 of 316 ------------------------- ORD 6799 EXHIBIT E PAGE 5 of 7  P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 Agricultural crops and open field growing (commercial) P X X X X X X Barns, silos and related structures P X X X X X X Commercial greenhouses P X X X X X X Pasturing and grazing4 P X X X X X X Public and private stables4 P X X X X X X Roadside stands, for the sale of agricultural products raised on the premises. The stand cannot exceed 300 square feet in area and must meet the applicable setback requirements P X X X X X X Fish hatcheries C X X X X X X D. Government, Institutional, and Utility Uses. Civic, social and fraternal clubs X X X X A A A Government facilities A A A A A A A Hospitals (except animal hospitals) X X X X X C C Municipal parks and playgrounds A P P P P P P Museums X X X X A A A Religious institutions, less than one acre lot size A A A A A A A Religious institutions, one acre or larger lot size C C C C C C C Transmitting towers C C C C C C C Page 272 of 316 ------------------------- ORD 6799 EXHIBIT E PAGE 6 of 7  P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 Type 1-D wireless communication facility (see ACC 18.04.912(WJ) and ACC 18.31.100) P P P P P P P Eligible facilities request (EFR) (Wireless communication facility – See ACC 18.04.912(H)) P P P P P P P Utility facilities and substations C5 C5 C5 C5 C5 C5 C5 Small wireless facilities (ACC 18.04.912(Q)) P P P P P P P 1 An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC 18.31.120. 2 Please see the supplemental development standards for animals in ACC 18.31.220. 3 Individual uses that make up a mixed-use development must be permitted within the zone. If a use making up part of a mixed-use development requires an administrative or conditional use permit, the individual use must apply for and receive the administrative or conditional use approval, as applicable. 4 Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is regulated by the King or Pierce County board of health, and property owners shall comply with the provisions of the board of health code. 5 Excludes all public and private utility facilities addressed under ACC 18.02.040(E). 6 Administrative use permit not required when approved as part of a subdivision or binding site plan. 7 Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210, Agricultural enterprises development standards. Page 273 of 316 ------------------------- ORD 6799 EXHIBIT E PAGE 7 of 7  8 An owner occupant that rents to more than two persons but no more than four persons is required to obtain a city of Auburn rental housing business license and shall meet the standards of the International Property Maintenance Code. (Ord. 6642 § 4, 2017; Ord. 6600 § 9, 2016; Ord. 6565 § 2, 2015; Ord. 6560 § 9, 2015; Ord. 6477 § 8, 2013; Ord. 6369 § 2, 2011; Ord. 6363 § 3, 2011; Ord. 6269 § 3, 2009; Ord. 6245 § 5, 2009.) Page 274 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 1 of 14  ORDINANCE 6799 EXHIBIT F   18.23.030 Uses. A. General Permit Requirements. Table 18.23.030 identifies the uses of land allowed in each commercial and industrial zone and the land use approval process required to establish each use. B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.23.030 (“Standards for Specific Land Uses”) includes a reference to a code section number, the referenced section determines other requirements and standards applicable to the use regardless of whether it is permitted outright or requires an administrative or conditional use permit. Table 18.23.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone, Commercial and Industrial Zones. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING Building contractor, light X X X P X P X P Building contractor, heavy X X X X X A X P Page 275 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 2 of 14  PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Manufacturing, assembling and packaging – Light intensity X X X P X P P P ACC 18.31.180 Manufacturing, assembling and packaging – Medium intensity X X X A X P A P ACC 18.31.180 Manufacturing, assembling and packaging – Heavy intensity X X X X X X X A ACC 18.31.180 Marijuana processor X X X X X C C C Chapter 18.59 ACC Marijuana producer X X X X X C C C Chapter 18.59 ACC Marijuana researcher X X X X X C C C Chapter 18.59 ACC Marijuana retailer X X X C X C C C Chapter 18.59 ACC Marijuana transporter business X X X X X C C C Chapter 18.59 ACC Outdoor storage, incidental to principal X X X P X P P P ACC 18.57.020(A) Page 276 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 3 of 14  PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 permitted use on property Storage – Personal household storage facility (mini-storage) X P X P X P X P ACC 18.57.020(B) Warehousing and distribution X X X X X P P C ACC 18.57.020(C) Warehousing and distribution, bonded and located within a designated foreign trade zone X X X P X P P P Wholesaling with on- site retail as an incidental use (coffee, bakery, e.g.) X X X P X P P P RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES Commercial recreation facility, indoor X P P P P P P A Commercial recreation facility, outdoor X X X A A P A A ACC 18.57.025(A) Page 277 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 4 of 14  PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Conference/convention facility X X A A X A X X Library, museum X A A A X A P X Meeting facility, public or private A P P P X A P A Movie theater, except drive-in X P P P P X X X Private school – Specialized education/training (for profit) A A P P P P P P Religious institutions, lot size less than one acre A P P P A A A A Religious institutions, lot size more than one acre C P P P A A A A Sexually oriented businesses X X X P X P X P Chapter 18.74 ACC Page 278 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 5 of 14  PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Sports and entertainment assembly facility X X A A X A X A Studio – Art, dance, martial arts, music, etc. P P P P P P A A RESIDENTIAL Caretaker apartment X P P P X P P P Live/work unit X X P P P P P X Work/live unit X P P P P P P X Marijuana cooperative X X X X X X X X Multiple-family dwellings as part of a mixed-use development2 X X P P P P P X ACC 18.57.030 Multiple-family dwellings, stand-alone X X X X X X X X Nursing home, assisted living facility X P P P C X X X Senior housing2 X X A A X X X X RETAIL Page 279 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 6 of 14  PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Building and landscape materials sales X X X P X P X P ACC 18.57.035(A) Construction and heavy equipment sales and rental X X X X X A X P Convenience store A A P P X P P P Drive-through espresso stands A A A P A P A A Drive-through facility, including banks and restaurants A A A P P P X P ACC 18.52.040 Entertainment, commercial X A P P X A X A Groceries, specialty food stores P P P P P P P X ACC 18.57.035(B) Nursery X X X P A P X P ACC 18.57.035(C) Outdoor displays and sales associated with a permitted use P P P P P P P P ACC 18.57.035(D) Page 280 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 7 of 14  PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 (auto/vehicle sales not included in this category) Restaurant, cafe, coffee shop P P P P P P P P Retail Community retail establishment A P P P P P X P Neighborhood retail establishment P P P P P P X P Regional retail establishment X X X P P P X A Tasting room P P P P P P P P Tavern P P X P P P X A Wine production facility, small craft distillery, small craft brewery A P P P P P P P SERVICES Page 281 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 8 of 14  PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Animal daycare (excluding kennels and animal boarding) A A A P A P X P ACC 18.57.040(A) Animal sales and services (excluding kennels and veterinary clinics) P P P P P P X P ACC 18.57.040(B) Banking and related financial institutions, excluding drive- through facilities P P P P P P P P Catering service P P P P A P A P Daycare, including mini daycare, daycare center, preschools or nursery schools A P P P P P P X Dry cleaning and laundry service (personal) P P P P P P P P Equipment rental and leasing X X X P X P X P Page 282 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 9 of 14  PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Kennel, animal boarding X X X A X A X A ACC 18.57.040(C) Government facilities; this excludes offices and related uses that are permitted outright A A A A A A A A Hospital X P P P X P X P Lodging – Hotel or motel X P P P P A P A Medical – Dental clinic P P P P P P X X Mortuary, funeral home, crematorium A P X P X P X X Personal service shops P P P P P P X X Pharmacies P P P P P X X X Print and copy shop P P P P P P X X Printing and publishing (of books, newspaper and other printed matter) X A P P P P P P Page 283 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 10 of 14  PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Professional offices P P P P P P P P Repair service – Equipment, appliances X A P P P P X P ACC 18.57.040(D) Veterinary clinic, animal hospital A P P P P P X X Youth community support facility X P X X X X X X ACC 18.57.040(E) TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE Ambulance, taxi, and specialized transportation facility X X X A X P X P Broadcasting studio X P X P X P X P Heliport X X X C X C X C Motor freight terminal1 X X X X X X X X See Footnote No. 1 Parking facility, public or commercial, surface X P P P P P P X Parking facility, public or commercial, structured X P P P P P P X Towing storage yard X X X X X A X P ACC 18.57.045(A) Page 284 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 11 of 14  PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Utility transmission or distribution line or substation A A A A A A A A Wireless communication facility (WCF) (See ACC 18.04.912(W) –* –* –* –* –* –* –* –* ACC 18.04.912, *See ACC 18.31.100 for use regulations and zoning development standards. Eligible facilities request (EFR) (Wireless communication facility (See ACC 18.04.912(H)) P P P P P P P P Small wireless facilities (ACC 18.04.912(Q)) P P P P P P P P VEHICLE SALES AND SERVICES Page 285 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 12 of 14  PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Automobile washes (automatic, full or self- service) X A X P P P X P ACC 18.57.050(A) Auto parts sales with installation services X A A P P P X P Auto/vehicle sales and rental X A X P X P X P ACC 18.57.050(B) Fueling station X A A P P P X P ACC 18.57.050(C) Mobile home, boat, or RV sales X X X P X P X P Vehicle services – Repair/body work X X A P X P X P ACC 18.57.050(D) OTHER Any commercial use abutting a residential zone which has hours of operation outside of the following: Sunday: 9:00 a.m. to 10:00 p.m. or Monday – Saturday: 7:00 a.m. to 10:00 p.m. A A A A A A A A Page 286 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 13 of 14  PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Other uses may be permitted by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted. See ACC 18.02.120(C)(6), Unclassified Uses. P P P P P P P P 1 Any motor freight terminal, as defined by ACC 18.04.635, in existence as of the effective date of the ordinance codified in this section, is an outright permitted use in the M-1 and M-2 zones. Any maintenance, alterations and additions to an existing motor freight terminal which are consistent with ACC 18.23.040, Development standards, are allowed. 2 Any mixed-use development or senior housing project vested prior to Resolution No. 5187 (December 7, 2015) is an outright permitted use in the C-1 zone. Subsequently, if a nonresidential use within a vested mixed-use development changes, then the nonresidential use shall maintain a minimum of 10 percent of the cumulative building ground floor square footage consisting of the uses permitted Page 287 of 316 ------------------------- ORD 6799 EXHIBIT F PAGE 14 of 14  outright, administratively, or conditionally, listed under “Recreation, Education, and Public Assembly,” “Retail,” or “Services” of the C-1 zone. (Ord. 6728 § 3 (Exh. C), 2019; Ord. 6688 § 1 (Exh. 1), 2018; Ord. 6644 § 2, 2017; Ord. 6642 § 9, 2017; Ord. 6508 § 1, 2014; Ord. 6433 § 26, 2012.) Page 288 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 1 of 18  ORDINANCE 6799 EXHIBIT G   18.31.100 Wireless communications facilities siting standards. The following siting standards are intended to guide the location and development of wireless communications facilities (WCF as defined by ACC 18.04.912(W)) but not including microcells) on properties regulated under this title. The siting of microcells small wireless facilities shall also be in accordance with siting of microcells found in ACC 18.31.110. A. Types of Wireless Communication Facilities (WCFs). For the purposes of determining in which zones wireless communications facilities are to be permitted, and which land use approval process applies, they will be classified pursuant to the following types. Refer to the table in subsection L of this section to determine which zones allow for the following types of facilities: 1. Type 1. Type 1 are new antennas erected on existing buildings or nonresidential structures.is a new wireless communication facility (WCF) that is affixed to an existing structure other than a “wireless communication support structure” (also known as, an “Attached wireless communication facility”). Examples of attached wireless communications facilities include antennas affixed to or erected upon existing buildings, water tanks, or other existing structures. There are four separate Type 1 categories described as follows: a. 1-A. The combined height of the antenna WCF together with the height of the existing building structure cannot be 25 percent greater than the existing building structure or exceed the height limitation of the zone in which the building structure is located. b. 1-B. The combined height of the antenna WCF together with the height of the existing building structure cannot be 50 percent greater than the existing building structure or exceed the height limitation of the zone in which the building structure is located. Page 289 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 2 of 18  c. 1-C. The combined height of the antenna WCF together with the height of the existing building structure is 50 percent greater than the existing building structure or exceeds the height limitation of the zone in which the building structure is located. The height limitation of the zone can only be exceeded by 25 percent. d. 1-D. Antenna The WCF is located on an existing non-habitable structure such as a water towers, athletic field light poles, or similar public utility infrastructure not located within a public street right-of-way or that is located on an existing non-residential structure such as a fire station, school, church or other similar type of institutional use whose site does not contain dwellings. The height limitation of the WCF will be 10 percent of the existing structure height, but may be increased to a maximum of 20 percent with an administrative use permit and may be increased to a maximum of 30 percent with a conditional use permit. The height limitation of the zone may be exceeded relative to the above provisions allowed for a 1-D facility. Any increases in height above the limits of the zoning district, as permitted for Type1 facilities must include concealment techniques approved by the city. 2. Type 2. Type 2 are new antennas equipment erected on existing (primary) support structurestowers that have previous city approvals. There are two separate Type 2 categories described as follows: a. 2-A. Any request for modification of an existing wireless communication tower or base station that was previously authorized by the local permitting jurisdiction and that would exceed a “Substantial change”, and the combined height of the WCF and structure cannot be 20 percent greater than the existing structure and Must meet height requirements of previous approval and is limited to 50 percent total (cumulative) expansion of equipment area. b. 2-B. Any request for modification of an existing wireless communication tower or base station that was previously authorized by the local permitting jurisdiction and that that would exceed a “Substantial change”, and the combined height of the WCF and structure cannot be 50 percent greater than Page 290 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 3 of 18  the existing structure and allow for more than 50 percent (cumulative) expansion of equipment area.Has greater height requirements than previous approval and allows for more than a 50 percent expansion of the equipment area. Any increases in height above the limits of a particular zone, as permitted for Type 2 facilities must include concealment techniques approved by the city. 3. Type 3. Type 3 is the erection of a new (primary) support structures “Tower”. There are three separate Type 3 categories described as follows: a. 3-A. Monopoles “Towers” that are 75 feet or less in height. b. 3-B. Monopoles “Towers” that are more than 75 feet in height or lattice towers of any height. c. 3-C. Monopoles or lattice towers “Towers” that meet the definition of an EWCF Emergency wireless communication facility (EWCF) and are 185 feet or less in structure height. 4. Type 4. Type 4 are new antennas erected on existing EWCF (primary) support structures that have previous city approvals. There is one Type 4 category, which is described as follows: a. 4-A. Mounting of antennas cannot exceed the following thresholds:1 i. Increase the height of an existing primary support structure by 10 percent, or 20 feet (whichever is less). ii. Add an appurtenance to the body of the tower that would protrude from the outside edge of the tower more than 20 feet. iii. Install more than four ancillary equipment facilities. 1 This section is intended to be interpreted consistent with 47 CFR 1.40001, as amended. B. Separation between Facilities. Page 291 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 4 of 18  1. New, Freestanding Primary Support StructuresTowers. a. The minimum separation, i.e., distance, between a proposed monopole tower (that is 75 feet or less in height) and any other existing primary support structuretower, of any height, shall be the height of the proposed monopoletower, including antenna, multiplied by a factor of 10. b. The minimum separation, i.e., distance, between a proposed monopole tower (that is more than 75 feet in height, or lattice towers of any height) and any other existing primary support structuretower, of any height, shall be the height of the proposed monopoletower, including antenna, multiplied by a factor of 20. c. The Community Development director may exempt an applicant from these separation requirements if (1) the applicant demonstrates to the city’s satisfaction that despite diligent efforts, other options are neither available to lease nor technologically feasible to address a service provider’s demonstrated gap in coverage or demonstrated lack of system capacity. Documentation regarding inability to lease shall include names and addresses of owners contacted, date of contact, method of contact and owner response, and failure to approve the exemption would be an effective prohibition of the applicant being able to provide wireless communications, or (2) the director determines, when considering the surrounding topography; the nature of adjacent uses and nearby properties; and, the height of existing structures in the vicinity, that placement of a tower at a distance less than the minimum separation from another tower will reduce visibility and reduce visual clutter to a greater extent. 2. The distance between primary support structurestowers shall be measured by following a straight line, without regard to intervening buildings, from the base of one support structuretower to the base of the other support structuretower(s). 3. A primary support structuretower would be considered “existing” if it was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time it was built. For example, a tower that exists as a Page 292 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 5 of 18  legal, non-conforming use and was lawfully constructed is existing. It shall be the applicant’s responsibility to provide evidence of lawful construction. Subsequent city permitted modifications of a tower that qualify as an Eligible Facilities Request and do not amount to a “Substantial Change”, do not make an existing tower non-conforming.a conditional use permit or administrative use permit has been issued and is still valid for sites which have not been built upon. C. Co-Location Requirements. 1. For monopoles towers that are more than 75 feet in height and lattice towers of any height (Type 3-B facilities), the owner of the property tower shall execute and provide evidence of a nonexclusive lease with the carrier underlying property owner, if the property owner is different, that allows for other carriers to place antennas and equipment on the structure unless specific approval not to is provided in accordance with subsection. 3 below.. 2. Any application for a Type 3-B or 3-C facility Towers that are more than 75 feet in height or lattice towers of any height or tower shall include technical, environmental, or regulatory justification that an existing Type 3-B or 3-C facilityWCF with a nonexclusive lease could not be used instead of constructing a new tower. 3. Towers shall be designed and constructed to allow the tower to accommodate WCFs from at least two (2) carriers on the same tower; one in addition to the original. No property owner or carrier shall unreasonably exclude another carrier from using the same facility or location. Design and construction for co-location shall not be required when it would materially compromise the camouflage design intent of the tower, or when, in the reasonable discretion of the Community Development director, such construction is not technically feasible based upon construction, engineering and design standards of the industry, or based upon evidence provided, a tower designed for co-location will not be commercially viable. An applicant, owner, or operator seeking Community Development director approval to waive the co-location requirements described Page 293 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 6 of 18  herein shall provide evidence explaining why co-location is not possible at a particular tower. D. Height. 1. Unless otherwise provided for, the height of any primary support structure and/or antennatower with appurtenances shall not exceed the height limitations of the zone. 2. The maximum height of any primary support structuretower shall not exceed 120 feet except as an eligible facility request. 3. There shall be no variances allowed to the height limitations. 4. The carrier applicant shall provide evidence that the Federal Aviation Administration (FAA) has approved the location of a primary support structureand any future increases in height or other modifications that would otherwise be permissible as an eligible facilities request (EFR) for any tower relative to the Auburn Municipal Airport. 5. Unless otherwise restricted by this section, building- or structure-mounted antennas may extend a maximum of 15 feet above the maximum height permitted for structures within the zone. 6. Antennas that are mounted on structures that do not otherwise have a height restriction may be allowed to increase the overall height of the structure by no more than 10 percent of the height of the structure unless additional approvals are obtained. E. Setbacks. 1. All equipment shelters, cabinets, support structures or other above-ground facilities shall meet the setback requirements of the zone in which located except as follows. All equipment shelters, cabinets, or other above-ground facilities used to support primary support structuresWCFs shall be set back the same distance required of the primary support structureWCF except as an eligible facility Page 294 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 7 of 18  request. All equipment shelters, cabinets, or other above-ground facilities within a nonresidential zone shall be set back a minimum of 50 feet from any adjacent R residential zone except as an eligible facility request. 2. The minimum distance from any primary support structuretower, of any height, to any residentially zoned parcel of property, including mixed use zones that include residential uses shall be a distance equal to the overall height of the primary support structuretower (including antennas) multiplied by a factor of two. 3. Where possibletechnically feasible, roof-mounted antennas and equipment shelters and/or cabinets are to be placed towards the center of the building, or away from public views. Equipment shelters and/or cabinets shall be screened by a parapet or similar architectural feature. F. Fencing and Landscaping. 1. Fencing. Fencing is required to enclose all above-ground support equipment that is associated with primary support structurestowers. Fencing will be 100 percent sight-obscuring, as defined in ACC 18.31.020(C)(2), if visible from a public right-of-way or from a less intense zone. Equipment shelters and/or cabinets shall be enclosed by fencing a minimum of six feet in height. Fencing shall meet the sight distance requirements of the city design and construction standardsEngineering Design and Construction Standards. 2. Landscaping. a. Where above-ground support equipment is visible from a public right-of- way, a minimum width of five feet of Type II landscaping as defined in ACC 18.50.040 will be provided on the exterior of the enclosing fence in order to effectively screen the equipment from the public right-of-way. The landscaping shall consist of evergreen and deciduous trees with no more than 50 percent being deciduous, and shrubs and groundcover shall be provided. Landscaping shall meet the sight distance requirements of the city design and construction standardsEngineering Design and Construction Standards. Page 295 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 8 of 18  b. Where facilities are visible from adjacent residential or mixed use zoning districtsuses, a minimum width of five feet of Type I landscaping as defined in ACC 18.50.040 will be provided on the exterior of the enclosing fence in order to effectively screen the equipment from the adjacent residential uses. The landscaping shall consist of evergreen trees or tall shrubs, a minimum of six feet in height at planting which will provide a 100 percent sight-obscuring screen within three years from the time of planting; or a combination of evergreen and deciduous trees with no more than 30% being deciduous, backed with a 100 percent sight-obscuring fence, as defined in ACC 18.31.020(C)(2), with shrubs and groundcover provided. c. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. Existing on-site vegetation may be used to meet the landscape requirements if approved by the planning Community Development director. G. Aesthetics. 1. Concealment Design Techniques. All WCFs and any transmission equipment shall, to the extent technically feasible, use concealment design techniques including, but not limited to the use of materials, colors, textures, screening, undergrounding, or other design options that will blend the components of the WCF and the WCF to the surrounding natural setting and/or built environment. Design, materials, and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation located on the site and parcel and on adjacent parcels. a. At a minimum, all tower-mounted WCF equipment shall be colored to match the tower color. b. Concealment design may be of heightened importance where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures and/or natural or community features). Should the Community Development director determine that WCFs are located adjacent to or viewable from impression corridors as defined by the Comprehensive Page 296 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 9 of 18  Plan, they shall (where possible) be designed (including but not limited to placement underground, depressed, or located behind earth berms) to minimize aesthetic impacts at the request of the Community Development director. c. The concealment design may include the use of alternative tower structures should the Community Development director determine that such design meets the intent of this section and the community is better served. d. All WCFs, shall be constructed out of or finished with non-reflective materials (visible exterior surfaces only). 21. In order to minimize any potential negative aesthetic impacts from new primary support structuresWCFs including protecting views to and from residential neighborhoods, mitigation may be required to blend the facilities in with the adjacent development or environsnatural setting and/or built environment. Typical solutions for the support structure concealment design might include: an extension of the building, a component of a sign structure, disguising the facility as a tree, planting of tall trees, moving the location of the facility, painting or texturing the facility, etc. WCFs shall be additionally sited in a manner that is sensitive to the proximity of the facility to residential structures. When placed near a residential or mixed use zoned property, the WCF shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the WCF minimizes visual impacts equitably among adjacent properties. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential or mixed use zoned properties, or on the corner formed by two intersecting streets. If these requirements are not reasonably feasible from a construction, engineering, or design perspective, the applicant may submit a written statement to the Community Development director requesting the WCF be exempt from these requirements using the procedure for an administrative waiver elsewhere is this chapter. Page 297 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 10 of 18  32. Building- or roof-mounted antennas will be painted or textured to blend with the adjacent surfaces. 43. No lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent street shall be placed on or affixed to any part of the WCF, unless required by the FCC or FAA. 54. Except as specifically required by the FAA (but must be approved by the city), freestanding primary support structurestowers shall be painted a color that best allows them to blend into the surroundings. The use of grays, blues and greens might be appropriate; however, each application shall be evaluated individually. 6. Concealment Design Standards for Accessory Equipment and Transmission Equipment. Accessory equipment and transmission equipment for all WCFs shall meet the following requirements: a. All transmission equipment and accessory equipment shall be grouped as closely together as technically possible. b. Transmission equipment and accessory equipment shall be located out of sight whenever possible by locating within equipment enclosures. Where such alternate locations are not available, the transmission equipment and accessory equipment shall be concealed. c. Transmission equipment and accessory equipment shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure or uses other concealment design techniques so as to make the equipment as visually unobtrusive as possible, including, for example, painting the equipment to match the structure. 7. Administrative Waiver. Page 298 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 11 of 18  a. An administrative waiver of any of the above concealment design standards may be requested of the Community Development director by filing a written application form provided by the city and payment of an application fee. The application will be evaluated for, and must demonstrate conformance with the following waiver criteria, for approval: i. The concealment design standard prohibits or has the effect of prohibiting the provision of wireless communication service through the proposed WCF at the location because the standard will not allow the technology to function at that location; and ii. The applicant demonstrates to the City’s satisfaction that despite diligent efforts, other options are neither available to lease nor technologically feasible to address a service provider’s demonstrated gap in coverage or demonstrated lack of system capacity. Documentation regarding inability to lease shall include manes and addresses of owners contacted, date of contact, method of contact and owner response; and iii. The proposal for varying from the design standard represents a reasonable and best approximation of achieving the same objective as the specific standard sought to be waived; and iv. The proposed alternative does not and will not conflict with public health, safety, or welfare. b. If any concealment design standard is approved for waiver, the WCF proposed shall nevertheless meet all other applicable design standards not approved for waiver. c. If a waiver request is denied for failure to meet any of the criteria specified above and there is no alternative for installation of the WCF at the particular location in a manner that meets the applicable design standards, then such application for the WCF for such specific location shall be denied Page 299 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 12 of 18  H. Lighting. 1. Freestanding support structures shall not be artificially lighted, unless required by the FAA or other applicable authority, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes on property located outside of the public way. If lighting is required, the City may review lighting alternatives and approve the design that would cause the least illumination disturbance to the surrounding views. Any proposed lighting shall, at a minimum, comply with the standards of Chapter 18.55 ACC, (Outdoor Lighting) and shall be submitted at the time of the initial application. Any lighting must be reviewed and approved by the city. 2. Security lighting used to light the equipment facility shall be directed downward, shielded and kept within the boundaries of the site. I. Abandoned Facilities. 1. Any WCF which is not utilized for a period of nine months or more will be considered abandoned. 2. Any WCF which falls into a state of disrepair as determined by the Community Development planning director will be considered abandoned. 3. Any WCF considered to be abandoned must be removed completely within 90 days from the date of notification by the city to the owner, owner’s agent and/or the operator of the WCF, based upon the contact information that has previously been provided to the city’s code enforcement personnel. The citycode enforcement personnel may extend the 90-day period should a valid application for use of the facility be submitted to the city. The owner of such WCF shall remove the same within ninety (90) days of receipt of written notice from the city. If such WCF is not removed within ninety (90) days, the city may remove it at the owner’s expense and any approved permits for the WCF shall be deemed to have expired. Page 300 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 13 of 18  J. Noise. For the purposes of this section, WCF will be considered a Class B, commercial, noise source pursuant to WAC 173-60-040. K. Supplemental Information Required for Applications. In addition to the information that is otherwise required for an application for a permit for a WCF, the following is also required: 1. For all new WCFsa new primary support structure and related equipment, the applicant shall provide the carrier’s master network plan for the city showing the carrier’s existing WCF locations and narrative explaining the potential WCF locations over the next year, if known. The applicant shall also provide technical justification supporting the need for the height of the WCF and for any new towerprimary support structure and why a shorter support structure could not be utilized. Any application for a Type 3-B facility new tower greater than 75 feet in height shall provide technical justification as to why a Type 3-A facility tower of 75 feet or less in height could not be utilized instead to adequately serve the Auburn community. 2. Narrative description of the facility including whether there is capacity on the proposed structure for more antennas, methods for minimizing visual impacts of the facilities, etc. The applicant shall provide evidence of the ability to execute a non-exclusive lease between the carrier and the underlying property owner, if the property owner is different, that allows for other carriers to place antennas and equipment on the structure. This ability for co-location must be demonstrated, unless relief from this requirement is requested and ultimately approved in accordance with the provisions in this Chapter. 3. A color swatch sample for the proposed primary support structuretower. 4. Narrative description of proposed concealment design techniques intended to make the facility look like something other than a tower or base station. Photographs, photo simulations, or similar illustrations that show a reasonable likeness of the proposed facility including the antennas arrays and above-ground support equipment. Page 301 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 14 of 18  L. Zones in Which WCF Are Permitted. The following table illustrates which zones the types of facilities as defined by ACC 18.04.912(JK) and (WK) and ACC 18.31.100(A) are allowed in and which land use approval process, if any is permits are required. Microcells, as defined by ACC 18.04.912(GM) (not located in public ways), are allowed only in residential zones and shall be permitted outright pursuant to the provisions of ACC 18.04.912(GM). Type of Permit Required Zone Permitted Outright Administrative Use Permit Conditional Use Permit All Zones 1-D 1-D1 1-D2 RO RO-H 1-A 1-B 1-C C-N 1-A 1-B 1-C C-1 1-A 1-B 1-C C-2, DUC 1-A 1-B 1-C C-3 C-4 1-B, 2-A 1-C, 2-B, 3-A 3-B M-1, EP 1-B, 2-A 1-C, 2-B, 3-A 3-B M-2 1-B, 2-A 1-C, 2-B, 3-A 3-B P-1 1-B, 2-A 1-C, 2-B 3-A3 I 1-A 1-B 1-C LF 1-A 1-B 1-C 1 Allowance for the WCF to extend to a height of 20 percent of the supporting structure. Page 302 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 15 of 18  2 Allowance for the WCF to extend to a height of 30 percent of the supporting structure. 3 The maximum height allowed, including antennas, is 45 feet. M. Exemptions. 1. Unless otherwise provided for, the Mobile Testing Facilities/Equipment used to test network limitationsfollowing are exempt from the provisions of this section.: a. Microcells as defined by ACC 18.04.912(G). b. Mobile Testing Facilities/Equipment Used to Test Network Limitations. The facilities/equipment shall not be at any one location for more than 14 days and shall otherwise meet the requirements of any other ordinance, regulation or code provision. 2. EWCFs are exempt from the provisions of subsections B, Separation between Facilities; (C)(1), Co-Location Requirements; D, Height (except (D)(4)); and E, Setbacks, of this section. (Ord. 6716 § 1 (Exh. A), 2019; Ord. 6245 § 15, 2009.) N. Eligible Facilities Requests (EFR) 1. Application and Review Requirement for Eligible Facilities Requests. Applicants seeking approval of eligible facility requests must complete an application form furnished by the city and comply with any requirements set forth in applicable city ordinances. The application form shall be limited to the information necessary for the city to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification or co-location. Such information may include, without limitation, whether the project: a. Would result in a substantial change, as defined in ACC 18.04.912(R); Page 303 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 16 of 18  b. Violates a generally applicable law, regulations, or other rule codifying objective standards reasonably related to public health, safety, and welfare. 2. Review Procedures for Eligible Facilities Requests. This section applies to any eligible facilities requests for co-location on, or modification to an existing tower or base station that does not substantially change the physical dimensions of such tower or base station. a. Review Required for Eligible Facilities. No co-location or modification to any existing tower or base station may occur except after a written request from an applicant is reviewed and approved by the director. Upon receipt of an application for an eligible facilities request pursuant to this section, the city shall review such application to determine whether the application so qualifies. b Review Criteria. Upon receipt of an application for an eligible facilities request pursuant to this section, the city shall administratively review such application to determine whether the application meets the following criteria for an eligible facilities request: i. Does not result in a substantial change, as defined in ACC 18.04.912(R); ii. Does not violate a generally applicable law, regulation, or other rule reasonably related to public health, safety, and welfare and complies with generally applicable building, structural, electrical, and safety codes; iii. Complies with the original application concealment design techniques or conditions of approval, including but not limited to colors, textures, surfaces, scale, character, and siting, or any approved amendments thereto, subject to the thresholds established in the definition of substantial change; and Page 304 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 17 of 18  3. Timeframe for Reviewing and Deciding Eligible Facilities Requests. Subject to the tolling provisions below, within sixty (60) days of the date on which an applicant submits a complete application, as determined by the director, the city shall approve the application unless it determines that the application does not qualify as an “eligible facility request”, or does not comply with other applicable code requirements. a. Tolling of the Timeframe for Review. The 60-day review period deadline begins to run when the application is filed and may be tolled (halted) only by mutual agreement of the city and the applicant, or in cases where the director determines that the application is “incomplete”. b. To toll the timeframe for incompleteness, the city must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application; c. The timeframe for review continues running again the following business day after the applicant makes a supplemental written submission in response to the city’s notice of incompleteness; and d. Following a supplemental submission, the city will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified above in (a) and (b). In the case of a second or subsequent notice of incompleteness, the city may not specify missing information or documents that were not delineated in the original notice of incompleteness. 4. Interaction with Telecommunications Act Section 332(c)(7). If the city determines that the applicant’s request is not an eligible facilities request as delineated in this section of the Code, the presumptively reasonable timeframe under Section 332(c)(7), as prescribed by the FCC’s Shot Clock order in WT Docket No. 08-165 (Adopted November 18, 2009), will begin to run from the Page 305 of 316 ------------------------- ORD 6799 EXHIBIT G PAGE 18 of 18  issuance of the city’s decision that the application is not a covered request. To the extent such information is necessary, the city may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews. Page 306 of 316 ------------------------- ORD 6799 EXHIBIT H PAGE 1 of 2  ORDINANCE 6799 EXHIBIT H   18.31.110 Siting of microcellssmall wireless facilities. The following siting standards are intended to guide the location and development of microcells small wireless facilities as defined by ACC 18.04.912(Q) but not including other wireless communications facilities (WCF). The siting of other wireless communications facilities shall be in accordance with siting of wireless communication facilities found in ACC 18.31.100. A. Siting Criteria for Microcellssmall wireless facilities (not located in public ways). 1. Panel antennas shall be incorporated into the design of the existing structure using painting, flush mounting or other concealment methods. 2. The equipment cabinets and other ground support equipment shall be located in an area that is no larger than 16 square17 cubic feet in volume, except that the following associated equipment may be located outside the primary equipment enclosure and if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecom demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch. The height of the equipment shall be no more than four feet. The equipment shall be designed to be compatible with the residential neighborhood the project shall provide a minimum width of five feet of Type II landscaping as defined in ACC 18.50.040 or fencing or a combination of these or similar features. The landscaping shall consist of evergreen and deciduous trees with no more than 50 percent being deciduous, and shrubs and groundcover shall be provided. 3. There shall be a 300-foot separation between any microcellssmall wireless facilities used by the same carrier. Page 307 of 316 ------------------------- ORD 6799 EXHIBIT H PAGE 2 of 2  4. The antennas must be located on light poles, power poles or similar public utility poles that are either owned/operated by the city of Auburn or owned/operated by a utility provider operating with an appropriate franchise if approved by the city engineer. The equipment cabinets may be located on private property. 54. Anyone wishing to establish a microcell small wireless facility or associated components shall make application to the community developmentplanning director upon application forms provided by the planning director. The planning director shall review each application and may be empowered to approve, deny or modify the proposal. (Ord. 6245 § 15, 2009.)   Page 308 of 316 ------------------------- ORD 6799 EXHIBIT I PAGE 1 of 8  ORDINANCE 6799 EXHIBIT I   18.35.030 Uses. A. General Permit Requirements. Table 18.35.030 identifies the uses of land allowed in each special purpose zone and the planning permit required to establish each use. B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.35.030 (“Standards for Specific Land Uses”) includes a section number, the referenced section determines other requirements and standards applicable to the use regardless of whether it is permitted outright or requires an administrative or conditional use permit. Table 18.35.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS MARIJUANA RELATED BUSINESSES Marijuana processor X X X X X Marijuana producer X X X X X Marijuana researcher X X X X X Marijuana retailer X X X X X Page 309 of 316 ------------------------- ORD 6799 EXHIBIT I PAGE 2 of 8  Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS Marijuana transporter business X X X X X PUBLIC Animal shelter, public X X P X X Government facilities, this excludes offices and related uses that are permitted outright A A P P C Municipal parks and playgrounds P P P P P RECREATION, EDUCATION AND PUBLIC ASSEMBLY Campgrounds X X X P P Recreational vehicle parks, private X X X P X Cemetery, public X X P A X Cemetery, private X X X A X College, university, public X X A A X Commercial recreation facility – Indoor X X X P X Page 310 of 316 ------------------------- ORD 6799 EXHIBIT I PAGE 3 of 8  Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS Commercial recreation facility – Outdoor X X X A C ACC 18.57.025(A) Conference/convention facility X X X A X Library, museum X X P P A Meeting facility, public or private A A P P A Private school – specialized education/training (for profit) P P X P X Public schools (K-12) and related facilities X X P P X Religious institutions, lot size less than one acre A P X P X Religious institutions, lot size more than one acre C A X P X Page 311 of 316 ------------------------- ORD 6799 EXHIBIT I PAGE 4 of 8  Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS Studio – Art, dance, martial arts, music, etc. P X X X X RESIDENTIAL Duplex P1 X X A X Home occupation P P X P P Chapter 18.60 ACC Live/work, work/live unit A P X A X Marijuana cooperative X X X X X Multiple-family dwellings, stand-alone P2 A3 X A X One detached single- family dwelling P X X X P5 Nursing home, assisted living facility A A X P X Senior housing A A X A X RETAIL Restaurant, cafe, coffee shop, excluding drive-through facilities A A P A X Page 312 of 316 ------------------------- ORD 6799 EXHIBIT I PAGE 5 of 8  Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS SERVICES Banking and related financial institutions, excluding drive- through facilities4 P P X X X Daycare, including mini daycare, daycare center, preschools or nursery schools A P X P A Home-based daycare P P X P P Medical services – Clinic or urgent care4 P P X X X Mortuary, funeral home, crematorium X P X X X Professional offices P P X A A Personal service shops P P X X X Pharmacies X P X X X TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE Page 313 of 316 ------------------------- ORD 6799 EXHIBIT I PAGE 6 of 8  Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS Utility facilities, substations, utility transmission or distribution line X X X X A See ACC 18.02.040(E) Wireless communication facility (WCF) (See ACC 18.04.912(W) * * * * * *See ACC Eligible facilities request (EFR) (Wireless communication facility (See ACC 18.04.912(H)) P P P P P Small wireless facilities (ACC 18.04.912(Q)) P P P P P Emergency wireless communication facility (EWCF) X X X P X See ACC 18.04.912 and 18.31.100 OTHER USES THAT ARE NOT LISTED Page 314 of 316 ------------------------- ORD 6799 EXHIBIT I PAGE 7 of 8  Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS Other uses may be permitted by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted P P P P P Notes: 1 Duplexes, 3,600 square feet of lot area per dwelling unit is required. 2 Multifamily dwellings; provided, that 2,400 square feet of lot area is provided for each dwelling unit. 3 Multifamily dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit. 4 Permitted within a public college or university as an amenity or service provided to students: A stand-alone bank or medical services/clinic is not permitted. 5 One single-family detached dwelling unit per existing legal lot. No residential subdivisions permitted in the open space zone. Page 315 of 316 ------------------------- ORD 6799 EXHIBIT I PAGE 8 of 8  (Ord. 6716 § 1 (Exh. A), 2019; Ord. 6677 § 3, 2018; Ord. 6642 § 11, 2017; Ord. 6434 § 1, 2012.)   Page 316 of 316