City Council

LAKEWOOD CITY COUNCIL STUDY SESSION AGENDA Monday, July 26, 2021 7:00 P.M. City of Lakewood Council Chambers 6000 Main Street SW Lakewood, WA 98499 Residents can virtually attend City Council meetings by watching them live on the city’s YouTube channel: https://www.youtube.com/user/cityoflakewoodwa Those who do not have access to YouTube can call in to listen by telephone via Zoom: Dial +1(253) 215- 8782 and enter meeting ID: 868 7263 2373 ________________________________________________________________ Page No. CALL TO ORDER ITEMS FOR DISCUSSION: (3) 1. Review of 2nd Quarter (2021) Police Report. – (Memorandum) (65) 2. Review of HOME funding for Living Access Support Alliance (LASA) for the acquisition of property located at 8966 Gravelly Lake Drive SW. – (Memorandum) (71) 3. Review of the 2021 Annual Development Regulations. – (Memorandum) ITEMS TENTATIVELY SCHEDULED FOR THE AUGUST 2, 2021 REGULAR CITY COUNCIL MEETING: 1. Proclamation declaring August 3, 2021 as National Night Out. – Police Chief Mike Zaro 2. Clover Park School District Report. 3. Authorizing the execution of an agreement for the Colonial Plaza public art project. – (Motion – Consent Agenda) 4. Authorizing the execution of a HOME agreement with Living Access Support Alliance (LASA) for the acquisition of 8966 Gravelly Lake Drive SW for affordable rental housing opportunities. – (Motion – Consent Agenda) Persons requesting special accommodations or language interpreters should contact the City Clerk, 253-983-7705, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us Lakewood City Council Agenda -2- July 26, 2021 Page No. 5. Authorizing the execution of an agreement with the Washington State Healthcare Authority for Lakewood’s CHOICE. – (Motion – Consent Agenda) 6. Appointing the 2021-2022 Youth Councilmembers. – (Motion – Consent Agenda) 7. Appointing Karen Ferreira and Teresa King to serve on the Public Safety Advisory Committee through August 2, 2024. – (Motion – Consent Agenda) 8. This is the date set for a public hearing on the 2021 Annual Development Regulations. – (Public Hearings and Appeals – Regular Agenda) 9. Lakewood Landing Tax Increment Financing (TIF) District Primer. – (Reports by the City Manager) REPORTS BY THE CITY MANAGER CITY COUNCIL COMMENTS ADJOURNMENT Persons requesting special accommodations or language interpreters should contact the City Clerk, 253-983-7705, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us  Return to Agenda Lakewood Police Department Quarterly Crime Report • NIBRS Incidents • Comparison Charts • Significant Event Synopsis • Legislative Updates to Police Reform 2nd Quarter 2021 3 Return to Agenda 4 City of Lakewood Incident Report 2Q 2021 Return to Agenda 5  Return to Agenda Comparison Crime Against Population Person Crime Comparison by District Society Crime Comparison by District YTD 2021 Property Crime Comparison by District YTD 2021 YTD 2021 50 30.00% 250 30.00% 650 30.00% 27.10% 27.10% 27.10% 27.30% 25.00% 25.00% 200 550 27.30% 25.00% 27.30% 20.00% 450 20.00% 30 20.00% 150 15.00% 350 14.10% 15.00% 12.60% 15.00% 12.60% 14.10% 12.60% 14.10% 100 9.50% 9.50% 10.00% 250 9.40% 10.00% 10 10.00% 9.40% 9.50%27 9.40% 50 14 31 37 7 7 5.00% 150 5.00% 5.00% 129 345 337 615 244 376 District 1 District 2 District 3 District 4 District 5 District 6 67 221 93 123 74 84 50 0.00% 0 0.00% -10 0.00% District 1 District 2 District 3 District 4 District 5 District 6 District 1 District 2 District 3 District 4 District 5 District 6 No. of Incidents % of Population No. of Incidents % of Population No. of Incidents Percent of population Total Group A Crime Comparison by District YTD 2021 900 27.30% 30.00% 27.10% 800 25.00% 700 600 20.00% 500 12.60% 14.10% 15.00% 400 300 10.00% 9.50% 9.40% 200 5.00% 100 210 597 457 775 325 467 0 0.00% District 1 District 2 District 3 District 4 District 5 District 6 No. of Incidents % of Population 6  Return to Agenda NIBRS Total Crime By Quarter 2018-2021 1750 1704 1700 1650 1693 1696 1600 1560 1624 1551 1550 1500 1550 1450 1491 1509 1516 1456 1400 1376 1350 2Q2021 was our lowest quarter in over 10 years. 7  Return to Agenda NIBRS Person Crime By Quarter 2018-2021 550 496 500 457 426 436 450 406 409 401 413 400 370 344 350 318 282 300 250 200 8  Return to Agenda NIBRS Property Crime By Quarter 2018-2021 1200 1156 1150 1163 1138 1100 1132 1077 1053 1050 1058 993 1000 950 941 988 974 971 900 9  Return to Agenda NIBRS Society Crimes By Quarter 2018-2021 145 127 139 125 131 129 127 105 122 124 124 119 85 85 65 45 57 39 25 10  Return to Agenda Total Accidents By Quarter (Reports) 2018-2021 360 340 320 348 300 278 314 317 280 296 260 290 289 226 261 272 240 258 261 220 200 11  Return to Agenda Lakewood Districts at a Glance 2Q2021 LD01 Most Common Criminal/Violation Type CFS (Onview) LD04 Most Common Criminal/Violation Type CFS (Onview) T Traffic 43 T Traffic 192 SOV Sex Offender Verification 27 CIT Citizen Assist 24 CIT Citizen Assist 24 SS Subject Stop 36 LD01 Most Common Criminal/Violation Type CFS (Dispatched) LD04 Most Common Criminal/Violation Type CFS (Dispatched) WEL Welfare Check 119 WEL Welfare Check 314 DV Domestic Violence 114 UNW Unwanted Person 270 SUSP/SUSV Suspicious Person/Vehicle 84 911 Hang-Up 167 LD02 Most Common Criminal/Violation Type CFS (Onview) LD05 Most Common Criminal/Violation Type CFS (Onview) T Traffic 120 T Traffic 115 SS Subject Stop 50 SOV Sex Offender Verification 25 CIT Citizen Assist 37 ANI Animal Control 20 LD02 Most Common Criminal/Violation Type CFS (Dispatched) LD05 Most Common Criminal/Violation Type CFS (Dispatched) WEL Welfare Check 203 911 Hang-Up 173 DV Domestic Violence 144 WEL Welfare Check 129 UNW Unwanted Person 138 SUSP/SUSV Suspicious Person/Vehicle 96 LD03 Most Common Criminal/Violation Type CFS (Onview) LD06 Most Common Criminal/Violation Type CFS (Onview) T Traffic 134 T Traffic 102 SS Subject Stop 25 SOV Sex Offender Verification 23 ANI Animal Control 23 ANI Animal Control 13 LD03 Most Common Criminal/Violation Type CFS (Dispatched) LD06 Most Common Criminal/Violation Type CFS (Dispatched) WEL Welfare Check 128 911 Hang-Up 164 UNW Unwanted Person 100 WEL Welfare Check 152 911 Hang-Up 95 UNW Unwanted Person 12 95 Return to Agenda 13  Significant Incidents and Trends Return to Agenda • 2116300218 –Homicide- On 12 June, Lakewood officers responded to the field by Sharondale St and Halcyon Rd for a Suspicious Vehicle “dragging something”. Upon arrival, investigators determined that a local transient woke up to another person attempting to cut off the catalytic converter of the truck the transient male was sleeping in. Transient male opened the door and shot the victim a number of times, then tied the victim to his truck hitch and drug him into a nearby field. By the time officers arrived, the victim was deceased. Case closed by arrest for Murder 2nd. • 2117200121 –Shooting - 21 June, police responded to a shooting at Mac’s Deli at 12706 Bridgeport Way. The victim was found by officers bleeding profusely from a gunshot wound to the leg. Officers provided life saving measures (tourniquet) but the victim has been unwilling to assist the investigation and the case has stalled. Details are very limited as to what precipitated the crime or who may have done the shooting. • 2117701890 – Homicide -26 June –An officer was present at an extremely crowded American Lake Park on one of the hottest days on record when a shooting occurred. The officer ran towards the site of the shooting and discovered one person was down with multiple fatal gunshot wounds and the subject had fled. Containment was established and a suspect matching the description given by park goers was apprehended and arrested. • 2117802111 – Shooting- 27 June – Officers responded to a call of a Shooting on Filbert Ln near Bridgeport. One victim (22 year old) was transported to St Clare Hospital with multiple gunshot wounds and a 16 year old shooter was apprehended and arrested with neighborhood assistance. • Crimes Against Persons was up from 1Q2021 but still significantly down (-20%) from the same time last year. 2Q2021 Aggravated Assaults are up driven mostly by District 2 numbers (50 – more than half of the city’s Aggravated Assaults). Other Crimes Against Persons were either lower or relatively flat (Sex – NonForcible was down 42% from 1Q2021 • Crimes Against Property was exactly the same YTD 2Q2021 as 2Q2020 (2046) with a slight decrease from 14 1Q2021 (-5.7%) with decreases in MVT, Burglary, Arson, Larceny and a 24% decrease in Robberies.  Return to Agenda Aggravated Assault • 78% Increase from 1st quarter to 2nd quarter • 1st quarter prominent weapons • Guns: 14 • Knives: 6 • Cars: 7 • 2nd quarter prominent weapons • Guns: 25 (78% increase) • Knives: 7 • Cars: 3 15  Return to Agenda Firearm Mobility • Through ballistic comparison a single firearm* was linked to 9 different shootings along the I-5 corridor: • 1 in Everett (2020) • 1 in Gresham, OR (2020- unsolved homicide) • 4 in Tacoma (2021) • 1 in unincorporated Pierce County (2021) • 1 in Lakewood (2021) • 1 in Renton (2021) * Firearm is still outstanding 16  Return to Agenda 2021 Legislative Updates LAKEWOOD PD OPERATIONAL IMPACTS 17  Return to Agenda HB1267 Office of Independent Investigations: Effective July 25th  Establishes office at the state level for investigation of uses of deadly force  They have the discretion to assume jurisdiction or not  Does not alleviate our need for an IIT (PCFIT) 18  Return to Agenda HB1089 Audits of Investigations: Effective July 25th  Auditor’s office has authority to audit:  IIT (PCFIT) investigations for compliance with the WAC  Training and certification requirements 19  Return to Agenda HB1088 Brady/PIE change: Effective July 25th  Requires prosecutors to clearly define Brady/PIE  Requires law enforcement agencies to disclose Brady/PIE within 10 days 20  Return to Agenda SB5259 Data Collection: Effective July 25th  Use of force data reported to a state university (possibly WSU)  Personal data of officer and suspect to be redacted  Includes all use of force and whenever an officer “points a firearm at a person”. This will be added to Blue Team. 21  Return to Agenda SB5226 DWLS changes  No license suspensions for FTA on non-criminal moving violations (speeding, running red light, etc)  This shouldn’t affect what we do in the field. We can still stop and enforce DWLS so long as the suspension is not for FTA 22  Return to Agenda SB5476 Blake Decision: Effective July 1st  Drug possession is a misdemeanor  Requires officers to offer treatment in lieu of jail for the first two contacts.  Only applies to UPCS charge. Can still book on other offenses (i.e. theft, assault, DUI, etc.)  Can still take drugs as a controlled substance and submit for destruction  Suggestion: book for primary offense and refer the drug offense for review by the prosecutor 23  Return to Agenda HB1223 Recording of Interrogations: Effective January 1st  Required to electronically record custodial interrogations of all juveniles and adult felony suspects  Notification is required, but not consent  Exceptions (all must be documented in report)  Suspect says they’ll talk but not if recorded  Good faith belief the recording isn’t required  Safety of an individual  Other exigent circumstances  Transcript not required 24  Return to Agenda HB1140 Juvenile Access to Attorneys: Effective January 1st  Access to attorney must be given:  Before waiving Miranda  Prior to custodial interrogations  Prior to consent search  Access can be by phone, in person, or video  May not be waived by juvenile or parent  Doesn’t apply if the juvenile is the victim of trafficking or if delay would endanger someone’s life  Officers may choose to book the juvenile without attorney consultation so long as no questions are asked 25  Return to Agenda SB5066 Duty to Intervene: Effective July 25th  Duty to intervene when witnessing excessive force or attempted excessive force “when in a position to do so”  Excessive force means: “Force that exceeds the force permitted by law or policy of the witnessing officer’s agency”  The amount of force used is still evaluated based on the totality of the circumstances and what the officer knew at the time  Duty to report “wrongdoing”  Wrongdoing means: “Conduct that is contrary to law or contrary to the policies of the witnessing officer’s agency, provided that the conduct is not de minimis or technical in nature” 26  Return to Agenda SB5051 Decertification: Effective July 25th  Expands CJTC role in decertification process  Investigations at the discretion of the CJTC  Mandatory decertification:  Convicted of felony offense  Convicted of gross misdemeanor or DV offense  Convicted of any sex offense  Terminated or convicted of use of force crime resulting in death  Failed to intervene or report excessive force when in a position to do so  Terminated for or found by court to have knowingly made false statements  Prohibited from possessing firearms by state/federal law or permanent no contact order 27  Return to Agenda SB5051 continued  Discretionary decertification or suspension:  Excessive or unlawful use of force (no death)  Sexual harassment  Through fraud or misrepresentation used position for personal gain  Made statements verbally, on line, in writing, or gestures involving prejudice or discrimination  Has affiliations with extremist organizations  Found to have committed a felony without regard to conviction  Engaged in pattern showing intentional or reckless disregard for rights of others  Engaged in unsafe firearm practices 28  Return to Agenda Key definitions:  Reasonable Suspicion - Particularized articulable facts and circumstances that lead a reasonable and prudent police officer, based upon their training and experience, to believe criminal activity has happened, is happening, or is about to happen. Detention is based on the officers reasonable belief that the person being stopped may be involved in that particular crime.  Governed by U.S. Supreme Court case Terry v. Ohio 1968  Probable Cause – Articulable facts and circumstances known to the officer that would warrant that officer to believe that 1) a specific crime has or is occurring, and that 2) the suspect is the person responsible. This is the threshold for an arrest. 29  Return to Agenda HB1054 Tactics: effective July 25 th  Prohibits chokeholds or VNR (although allowed under deadly force law)  Need command approval for use of CS/CN gas in barricaded suspect or hostage situation. Mayoral approval for use on riots. All other uses are prohibited and other alternatives must be exhausted prior to use. OC specifically allowed.  Military equipment prohibited: armored vehicles and less lethal launchers are allowed.  Officers need to be “reasonably identifiable” by the agency with “name or other information”.  Prohibits no-knock warrants 30  Return to Agenda HB1054 continued  No shooting at moving vehicles unless the occupants pose a deadly threat other than the vehicle or the driver is using the vehicle as a weapon. (Note: think about what the vehicle will do if the driver is incapacitated while it’s moving)  Pursuits only allowed when:  PC exists for violent offense, sex offense, or escape  A person is guilty of escape in the first degree if he or she knowingly escapes from custody or a detention facility while being detained pursuant to a conviction of a felony or an equivalent juvenile offense  Reasonable suspicion that the driver is DUI  Necessary to identify the driver (disregard this factor: ambiguous)  The driver poses an imminent threat to the safety of others  Need supervisor’s authorization 31  Return to Agenda HB1054 continued: Violent Offences as defined by 9.94A.030  Included  NOT Included:  Class A felonies  Misdemeanor assault (DV or not)  Conspiracy/solicitation to commit a  Residential burglary (class B felony) class A felony  Theft of a firearm (class B felony)  Manslaughter 1st and 2nd degree  Assault in the 3rd degree (class C felony)  Indecent liberties by forcible compulsion  Hate Crimes (class C felony)  Kidnapping in the 2nd degree  Assault of a Child in the 3rd degree  Arson in the 2nd degree (class C felony)  Assault in the 2nd degree  Assault of a child in the 2nd degree  Extortion in the 1st degree  Robbery in the 2nd degree  Drive-by shooting  Vehicular assault/homicide 32  Return to Agenda HB1310 Use of Force: effective July 25th  Use of deadly force allowed when suspect poses an imminent threat of serious physical injury or death. “When practicable” will use the “least amount of force necessary”  “Officers may not use any force prohibited by law except to protect his/her life or the life of another person from imminent threat.” (allows for chokehold or VNR)  General use of force allowed when:  PC exists for arrest  “To protect against imminent threat of bodily injury to the officer, another person, or the person against whom force is being used”  “When possible” officers will exhaust “available and appropriate” de- escalation tactics. 33  Return to Agenda HB1310 continued  Imminent: based on totality of circumstances it is objectively reasonable to believe they have the present and apparent ability, opportunity, and intent to immediately cause death or serious bodily injury.  Necessary: No reasonably effective alternative to the use of deadly force existed and force was reasonable and proportional to the threat  Totality of the Circumstances: all facts known to the peace officer leading up to and at the time of the use of force, and includes the actions of the person against whom the peace officer uses such force, and the actions of the peace officer  *Pointing a firearm at a person has been deemed a use of force by the 9th circuit court of appeals 34  Return to Agenda Community caretaking  Juvenile runaways  No force can be used to detain without PC or imminent threat. This goes for walkaways from CPS, CSTC, and any other DSHS facility (AFH)  This directly conflicts with RCW 43.185C.260 that mandates we take runaways into custody  Involuntary Commits  Need either PC or to show the person is an imminent (immediate) threat to themselves or others 35  Return to Agenda Scenario 1  Officers respond to a report of a physical domestic in which the suspect description is given out over the air. Prior to arrival dispatch updates that the suspect left on foot. As officers come into the area they see a person matching that description. Nobody has talked directly with the victim yet.  Can you approach the suspect and ask him to stop? 36  Return to Agenda Scenario 1  Officers respond to a report of a physical domestic in which the suspect description is given out over the air. Prior to arrival dispatch updates that the suspect left on foot. As officers come into the area they see a person matching that description. Nobody has talked directly with the victim yet.  Can you approach the suspect and ask him to stop? YES 37  Return to Agenda Scenario 1  Officers respond to a report of a physical domestic in which the suspect description is given out over the air. Prior to arrival dispatch updates that the suspect left on foot. As officers come into the area they see a person matching that description. Nobody has talked directly with the victim yet.  Can you approach the suspect and ask him to stop? YES  If he doesn’t comply and takes off running, can you chase him to capture or physically restrain him? 38  Return to Agenda Scenario 1  Officers respond to a report of a physical domestic in which the suspect description is given out over the air. Prior to arrival dispatch updates that the suspect left on foot. As officers come into the area they see a person matching that description. Nobody has talked directly with the victim yet.  Can you approach the suspect and ask him to stop? YES  If he doesn’t comply and takes off running, can you chase him to capture or physically restrain him? NO. Use of force is not authorized until PC is established. 39  Return to Agenda Scenario 1  Officers respond to a report of a physical domestic in which the suspect description is given out over the air. Prior to arrival dispatch updates that the suspect left on foot. As officers come into the area they see a person matching that description. Nobody has talked directly with the victim yet.  Can you approach the suspect and ask him to stop? YES  If he doesn’t comply and takes off running, can you chase him to capture or physically restrain him? NO. Use of force is not authorized until PC is established.  What about obstructing? 40  Return to Agenda Scenario 1  Officers respond to a report of a physical domestic in which the suspect description is given out over the air. Prior to arrival dispatch updates that the suspect left on foot. As officers come into the area they see a person matching that description. Nobody has talked directly with the victim yet.  Can you approach the suspect and ask him to stop? YES  If he doesn’t comply and takes off running, can you chase him or physically restrain him? NO. Use of force is not authorized until PC is established.  What about obstructing? This may be an option. But it might be seen as a way of trying to get around the new law.  RCW 9A.76.020: A person is guilty of obstructing a law enforcement officer if the person willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties. 41  Return to Agenda Scenario 2  Officers respond to a report of a drive-by shooting with a suspect vehicle described as an older orange El Camino. As officers come into the area they see an older orange El Camino driving away from the area but not violating any traffic laws. Nobody has talked directly with the caller or been to the scene yet.  Can you legally attempt to stop the vehicle? 42  Return to Agenda Scenario 2  Officers respond to a report of a drive-by shooting with a suspect vehicle described as an older orange El Camino. As officers come into the area they see an older orange El Camino driving away from the area but not violating any traffic laws. Nobody has talked directly with the caller or been to the scene yet.  Can you legally attempt to stop the vehicle? YES 43  Return to Agenda Scenario 2  Officers respond to a report of a drive-by shooting with a suspect vehicle described as an older orange El Camino. As officers come into the area they see an older orange El Camino driving away from the area but not violating any traffic laws. Nobody has talked directly with the caller or been to the scene yet.  Can you legally attempt to stop the vehicle? YES  If the vehicle flees, can you pursue? 44  Return to Agenda Scenario 2  Officers respond to a report of a drive-by shooting with a suspect vehicle described as an older orange El Camino. As officers come into the area they see an older orange El Camino driving away from the area but not violating any traffic laws. Nobody has talked directly with the caller or been to the scene yet.  Can you legally attempt to stop the vehicle? YES  If the vehicle flees, can you pursue?NO. Not until PC is established or you can show that the driver poses an imminent (immediate) threat. 45  Return to Agenda Scenario 2  Officers respond to a report of a drive-by shooting with a suspect vehicle described as an older orange El Camino. As officers come into the area they see an older orange El Camino driving away from the area but not violating any traffic laws. Nobody has talked directly with the caller or been to the scene yet.  Can you legally attempt to stop the vehicle? YES  If the vehicle flees, can you pursue?NO. Not until PC is established or you can show that the driver poses an imminent (immediate) threat.  If the driver pulls over, can you initiate a high risk stop? 46  Return to Agenda Scenario 2  Officers respond to a report of a drive-by shooting with a suspect vehicle described as an older orange El Camino. As officers come into the area they see an older orange El Camino driving away from the area but not violating any traffic laws. Nobody has talked directly with the caller or been to the scene yet.  Can you legally attempt to stop the vehicle? YES  If the vehicle flees, can you pursue?NO. Not until PC is established or you can show that the driver poses an imminent (immediate) threat.  If the driver pulls over, can you initiate a high risk stop? YES 47  Return to Agenda Scenario 2  Officers respond to a report of a drive-by shooting with a suspect vehicle described as an older orange El Camino. As officers come into the area they see an older orange El Camino driving away from the area but not violating any traffic laws. Nobody has talked directly with the caller or been to the scene yet.  Can you legally attempt to stop the vehicle? YES  If the vehicle flees, can you pursue? NO. Not until PC is established or you can show that the driver poses an imminent (immediate) threat.  If the driver pulls over, can you initiate a high risk stop? YES  Do guns being drawn constitute a use of force? 48  Return to Agenda Scenario 2  Officers respond to a report of a drive-by shooting with a suspect vehicle described as an older orange El Camino. As officers come into the area they see an older orange El Camino driving away from the area but not violating any traffic laws. Nobody has talked directly with the caller or been to the scene yet.  Can you legally attempt to stop the vehicle? YES  If the vehicle flees, can you pursue? NO. Not until PC is established or you can show that the driver poses an imminent (immediate) threat.  If the driver pulls over, can you initiate a high risk stop? YES  Do guns being drawn constitute a use of force? NO. Case law has established that pointing guns at someone is a use of force, just having them out is not 49  Return to Agenda Scenario 2  Officers respond to a report of a drive-by shooting with a suspect vehicle described as an older orange El Camino. As officers come into the area they see an older orange El Camino driving away from the area but not violating any traffic laws. Nobody has talked directly with the caller or been to the scene yet.  Can you legally attempt to stop the vehicle? YES  If the vehicle flees, can you pursue? NO. Not until PC is established or you can show that the driver poses an imminent (immediate) threat.  If the driver pulls over, can you initiate a high risk stop? YES  Do guns being drawn constitute a use of force? NO. Case law has established that pointing guns at someone is a use of force, just having them out is not  Suggestion: Follow suspect until someone at the scene advises of PC. If they flee before then, let them go 50  Return to Agenda Scenario 3  Officers are dispatched to a report of a suspicious person throwing rocks at cars in traffic. Nobody has reported being a victim and callers are not asking for contact. When officers arrive they see a person matching the description standing next to the road.  Can you engage the person in a conversation? 51  Return to Agenda Scenario 3  Officers are dispatched to a report of a suspicious person throwing rocks at cars in traffic. Nobody has reported being a victim and callers are not asking for contact. When officers arrive they see a person matching the description standing next to the road.  Can you engage the person in a conversation? YES 52  Return to Agenda Scenario 3  Officers are dispatched to a report of a suspicious person throwing rocks at cars in traffic. Nobody has reported being a victim and callers are not asking for contact. When officers arrive they see a person matching the description standing next to the road.  Can you engage the person in a conversation? YES  If the person walks or runs away can you physically detain or prevent the person from leaving? 53  Return to Agenda Scenario 3  Officers are dispatched to a report of a suspicious person throwing rocks at cars in traffic. Nobody has reported being a victim and callers are not asking for contact. When officers arrive they see a person matching the description standing next to the road.  Can you engage the person in a conversation? YES  If the person walks or runs away can you physically detain or prevent the person from leaving? NO. Not without PC for a crime. 54  Return to Agenda Scenario 3  Officers are dispatched to a report of a suspicious person throwing rocks at cars in traffic. Nobody has reported being a victim and callers are not asking for contact. When officers arrive they see a person matching the description standing next to the road.  Can you engage the person in a conversation? YES  If the person walks or runs away can you physically detain or prevent the person from leaving? NO. Not without PC for a crime.  Suggestion: Make your own observations before contacting the person to see if you witness the same behavior. If so, and you can establish PC for a crime, then you can detain the person and use force if they resist. If you don’t witness the behaviors for yourself, don’t make contact at all. 55  Return to Agenda Scenario 4  Officers are dispatched to a commercial burglary alarm at 2:00 AM. When they arrive the find a door forced open. Upon searching the building they find a suspect who flees from the structure. They have not been able to reach the business owner.  Can you run after the suspect and use physical force to detain him? 56  Return to Agenda Scenario 4  Officers are dispatched to a commercial burglary alarm at 2:00 AM. When they arrive the find a door forced open. Upon searching the building they find a suspect who flees from the structure. They have not been able to reach the business owner.  Can you run after the suspect and use physical force to detain him? NO. You wouldn’t have probable cause without talking directly to a victim. In this case, the alarm company is not a substitute for the victim. 57  Return to Agenda Scenario 5  Officers are dispatched late at night to a report of someone dragging an unknown object near some railroad tracks and dumping it. The person then drives away from the scene. Officers arrive to find a deceased person who appeared to suffer multiple gunshot wounds. While they are on scene, the witness sees the vehicle that dropped the body off and points it out to officers. The vehicle is not violating any other traffic laws.  Can you attempt to stop the vehicle? 58  Return to Agenda Scenario 5  Officers are dispatched late at night to a report of someone dragging an unknown object near some railroad tracks and dumping it. The person then drives away from the scene. Officers arrive to find a deceased person who appeared to suffer multiple gunshot wounds. While they are on scene, the witness sees the vehicle that dropped the body off and points it out to officers. The vehicle is not violating any other traffic laws.  Can you attempt to stop the vehicle? YES 59  Return to Agenda Scenario 5  Officers are dispatched late at night to a report of someone dragging an unknown object near some railroad tracks and dumping it. The person then drives away from the scene. Officers arrive to find a deceased person who appeared to suffer multiple gunshot wounds. While they are on scene, the witness sees the vehicle that dropped the body off and points it out to officers. The vehicle is not violating any other traffic laws.  Can you attempt to stop the vehicle? YES  If the vehicle flees, can you pursue it? 60  Return to Agenda Scenario 5  Officers are dispatched late at night to a report of someone dragging an unknown object near some railroad tracks and dumping it. The person then drives away from the scene. Officers arrive to find a deceased person who appeared to suffer multiple gunshot wounds. While they are on scene, the witness sees the vehicle that dropped the body off and points it out to officers. The vehicle is not violating any other traffic laws.  Can you attempt to stop the vehicle? YES  If the vehicle flees, can you pursue it? NO. Not until PC for a violent felony has been established 61  Return to Agenda Scenario 6  Officers respond to Ft. Steilacoom Park for a report of a male sitting in the grass and yelling at trees. He has not committed a crime. When officers arrive they find the male yelling at trees, clearly hallucinating, and not responsive to officers’ attempts to communicate with him. The male is also eating dog waste found on the ground next to him. Medical aid and an MHP arrive and everyone is in agreement that the male needs psychiatric evaluation and is unable to make that decision for himself. He screams “no” when officers try to convince him to go to the hospital.  Can you physically restrain him for an involuntary commit? 62  Return to Agenda Scenario 6  Officers respond to Ft. Steilacoom Park for a report of a male sitting in the grass and yelling at trees. He has not committed a crime. When officers arrive they find the male yelling at trees, clearly hallucinating, and not responsive to officers’ attempts to communicate with him. The male is also eating dog waste found on the ground next to him. Medical aid and an MHP arrive and everyone is in agreement that the male needs psychiatric evaluation and is unable to make that decision for himself. He screams “no” when officers try to convince him to go to the hospital.  Can you physically restrain him for an involuntary commit? NO. While he may be considered disabled and unable to care for himself, he is not an immediate threat to himself or anyone else and has not committed a crime. 63  Return to Agenda Final thoughts  Getting someone to the scene of a reported crime to establish PC is a priority. Best to get someone to the scene first and look for the suspect second. Once the determination is made that PC exists or not, make clear announcements over the radio.  Even in cases of violent crimes, there will be times when we will have to let suspects leave to avoid the possibility of a use of force.  Err on the side of letting a suspect go. The State made it clear that they would rather a criminal suspect go free than have us use even a minor amount of force.  Remember! Officers are not required or expected to sustain injury or allow someone else to be injured prior to using force. 64  Return to Agenda TO: Mayor and City Councilmembers FROM: Jeff Gumm, Program Manager & Dave Bugher, Assistant City Manager for Development Services THROUGH: John J. Caulfield, City Manager DATE: July 26, 2021(Study Session) SUBJECT: HOME Funding for Living Access Support Alliance (LASA) – Acquisition of 8966 Gravelly Lake Dr. SW, Lakewood, WA Introduction: This memorandum serves two purposes; first, to provide Council with information regarding a request to commit $600,000 in HOME Investment Partnership Program (HOME) funds to Living Access Support Alliance (LASA) for the acquisition of a single family residence located at 8966 Gravelly Lake Dr. SW for the purpose of maintaining affordable rental housing; and second, as a request to approve the commitment of HOME funding for said purpose. Funding is proposed to be provided as a 15-year forgivable loan. HOME Program Information and Funding: Each year, the City of Lakewood receives U.S. Department of Housing and Urban Development (HUD) funding through the HOME Program. The primary objective of the HOME Program is to benefit low- and moderate- income individuals either through the creation of, or accessibility to, affordable housing. HOME funding has been allocated on an annual basis as part of Lakewood’s Annual Action Plan for the development of affordable housing. Project Information: This project proposes to acquire 8966 Gravelly Lake Dr. SW. The parcel (APN# 5130001660; 23,000 sf/.528 acres) sits directly adjacent to the LASA Prairie Oaks Client Services Center and 15-unit affordable housing project located at 8956 Gravelly Lake Dr. SW (APN#9009950010/20; 43,200 sf/.7759 acres). This acquisition would complete LASA’s acquisition of all parcels located directly to the N (5516 Fairlawn Dr. SW- APN# 5130001640; 14,400 sf/.3305 acres – acquired Jan. 15, 2021) and to the W of the service center (5520 Fairlawn Dr. SW- APN#5130001650; 22,950 sf/.5268 acres – acquired Oct. 12, 2011). In total, the four contiguous parcels would total 103,550 sf or slightly larger than 2.377 acres. LASA has submitted an application to acquire the property for a total of $625,000 in HOME funds and additional project funds of $50,000 ($26,000 2060 funding and $24,000 donations in kind for real estate services donated), for a total project cost of $675,000. Negotiations with the present owner have reduced the acquisition cost to $550,000 with another $50,000 in possible garage demolition costs and minor repairs (i.e. painting and 65  Return to Agenda removal of illegal bedrooms). The property was recently appraised at $530,000. Total project costs requested to acquire this property are $600,000 in HOME funds; no additional funds required. The property is presently being used as a single family rental unit and would continue to be used as a low income single family rental. Income levels for rental families would be restricted so as not to exceed 80% of the area median income (i.e. $72,650 for a family of 4), with rents not to exceed approved high HOME rent limits ($1,306 for a 2-bedroom house). The house would be brought up to HOME-required Housing Quality Standards (HQS) as part of this project. Property History: The Assessor’s website lists the property as a 0 bedroom, 0 bathroom, commercial property built in 1946; however, the house is known to have been used a single family rental property for at least the most recent three years. The house was inspected as part of the City’s Rental Housing Safety Program on December 17, 2020 and again on April 5, 2021. Inspection noted possibly two bedrooms which were added illegally (dining room being used as a bedroom and upstairs attic being used as a bedroom), and two rooms which could qualify as bedrooms which appeared to be unmodified from original construction. The house does have a bathroom and a kitchen. The property appears to have been constructed as a single family residence which was later converted into commercial use. The house is expected to be repaired and placed into service as a single family rental unit with minimal effort. With the house being used as a residential property, zoning would allow continuation of an existing use. Land Use Amendments Required: The property is presently zoned Arterial Residential Commercial (ARC) and borders Residential 4 (R4) properties to the north and Multifamily Two (MF2) parcels to the south. Existing zoning would allow up to 8 housing units on this parcel and another 10 on LASA’s other two adjacent parcels, for a total of 18 units. Should LASA combine this parcel with its three adjoining parcels (resulting property would be 2.377 acres) and seek a change in land use designation to Multifamily Two (MF2), the site could be redeveloped as a planned development district and eligible for between 50 and 60 units of affordable housing. The land use amendment would be essential for future redevelopment efforts to offset rising construction and redevelopment costs. Staff is in support of amending the current zoning. Use of Funds: Funding for this project would be provided through Lakewood’s HOME Affordable Housing Fund established as part of HUD’s Annual Action Plan process. The fund has a balance of $393,027 in funds available to be allocated to eligible HOME projects. An additional $206,973 in HOME Housing Rehabilitation funds would be moved to the Affordable Housing fund to complete the balance. There are no HOME Rehabilitation projects in the cue, so no disruptions are anticipated. While this allocation ($600,000) is high for a single family residence, it does make sense when looking at the highest and best use for the property. Developed on its own, 8966 Gravelly Lake Dr. SW, with its 23,000 sf or .528 acres could be developed into at most 8 units. The same for LASA’s other adjacent parcels 5516 Fairlawn Dr. SW (8 units) and 5520 Fairlawn Dr. SW (2 units). In total, were the parcels developed on their own, one could construct at most 18 units. When combined with LASA’s other adjacent parcels, including the existing Prairie Oaks Client Service Center parcel, and rezoned to Multifamily 2 (MF2) zoning, the property would be in excess of 2 acres, eligible to be developed as a 66  Return to Agenda planned development district, and would be able to construct between 50 and 60 units. It is this higher density and potential for development which make the parcel valuable and highly desirable for LASA to acquire. Additionally, due to the COVID-19 pandemic HUD has relaxed some of its regulatory requirements to allow for the economic impacts of the coronavirus, allowing grantees to develop projects which may otherwise have been out of reach due to long development timelines or extensive development costs associated with land acquisition and rising construction costs. One of those exemptions is HUD’s waiver of the Maximum Per Unit Subsidy Limit through September 30, 2021. Under current rules, a grantee may not exceed the per unit dollar limitations established under section 221(d)(3) of the National Housing Act. For Lakewood and this specific project, that cap would be set at $213,717 (limit for a 2-bedroom home). Without this waiver in effect, the project as a single family rental would not qualify for federal funding at this level as it would exceed the maximum per unit subsidy limits. With this waiver in effect, there exists a one-time window to acquire this property and secure future development options for LASA. Project Funding: Funding is proposed as a forgivable development subsidy to the developer; however, the property will carry an affordability covenant guaranteeing the property meets HUD’s 15-year term of affordability for low income households, and a repayment clause should the terms of Lakewood’s agreement not be met. The subsidy would be arranged as a 15-year deferred loan with forgiveness at the end of the affordability period provided all conditions of the agreement were met. The purpose of a development grant vs. development loan would be to allow LASA to provide lower rents to those low- and very-low income families who may otherwise be unable to afford current rents without deep subsidies. Additionally, rental income received from this property would not be sufficient to debt service a loan of this size while serving low-income rental households. Consistency with Approved 5-Year FY 2020-2024 Consolidated Plan for Housing and Community Development and FY 2020 and FY 2021 Consolidated Annual Action Plans: The proposed use of funds is consistent with the 5-Yr Consolidated Plan and both FY 2020 and FY 2021 Consolidated Annual Action Plans as adopted by Council. As part of the Consolidated Plan’s proposed use of funds, a HOME Affordable Housing Fund allocation was set aside for the expansion of affordable housing opportunities through collaboration with partners and housing providers. Funding Approval: Staff is requesting concurrence with this proposal to authorize the City Manager to execute development subsidy agreement with LASA in the amount of $600,000 to acquire 8966 Gravelly Lake Dr. SW for low income rental opportunities. Council approval will follow at the next Council Meeting as a Minute Motion under Council’s Consent Agenda. 67  Return to Agenda Map showing project location within Lakewood city limits: 68  Return to Agenda Map of 8966 Gravelly Lake Dr. SW and LASA’s adjacent parcels: 69  Return to Agenda Lakewood Zoning Map: 70  Return to Agenda TO: Mayor and City Council FROM: Tiffany Speir, Long Range & Strategic Planning Manager THROUGH: John Caulfield, City Manager Dave Bugher, Assistance City Manager for Development Services DATE: July 26, 2021 SUBJECT: 2021 Annual Development Regulation Amendments ATTACHMENT: Planning Commission Resolution 2021-03 BACKGROUND Per LMC 18A.30.100, the CEDD Director shall provide the Assessor of Pierce County by July 31 of each year a copy of the City’s Comprehensive Plan and development regulations in effect on July 1 of each year. On July 7, 2021 following review and a public hearing, the Planning Commission approved Resolution 2021-03 recommending the adoption of a package of 2021 development regulation amendments. A copy of Resolution 2021-03 is included as Attachment A. The amendments affect various Lakewood Municipal Code (LMC) development regulation text and maps, and are based on legislative updates, staff experience and interaction with the City code, and customer feedback. The proposed development regulation amendments have been properly noticed with the Departments of Commerce (NOIA 2021-S-2816) and Ecology (SEPA Register # 202103356) and have been circulated to government and other SEPA review contacts for comment. The City Council is scheduled to hold a duly noticed public hearing on the proposed amendments on August 2, 2021. DISCUSSION Included below are the recommended development regulation amendments. Where portions of code sections or chapters are included below, the remainder of those sections or chapters remain unchanged. Recommendation It is recommended that the City Council adopt the 2021 Annual Development Regulation package as included below from the Planning Commission. 1 71  Return to Agenda 2021 ANNUAL DEVELOPMENT REGULATION AMENDMENTS Where portions of Lakewood Municipal Code sections or chapters are included below, the remainder of those sections or chapters remain unchanged. Title 18A [Insert new Section 18A.10.125 and Figure 3] 18A.10.125 JBLM AICUZ in relation to Land Use Zones. The City of Lakewood is host City to Joint Base Lewis McChord, and portions of the JBLM flight patterns’ Clear Zone (CZ) and Accident Potential Zones (APZs) are located within the City’s boundaries. The City follows Department of Defense guidance and limits land use densities within the CZ and APZs. See Figure 3. Figure 3. 2014 AICUZ Contour & Off-Installation Land Use Source: 2015 JBLM Air Installation Compatible Use Zone (AICUZ) Study 72  Return to Agenda 18A.10.070 Interpretations *** C. Interpretation of Land Use Tables. See 18A.40.020, interpretation of land use tables. *** N. Interpretations of the Director shall be appealable to the Hearing Examiner as set forth in Chapter 18A.20 LMC, Part IV. 18A.10.180 Definitions Affordable housing” and “affordable unit” mean a dwelling unit(s) reserved for occupancy by eligible households and having monthly housing expenses to the occupant no greater than thirty (30) percent of a given monthly household income, adjusted for household size, as follows: 1. Moderate Income. For owner-occupied housing, eighty (80) percent of the area median income, and for renter-occupied housing, sixty (60) percent of the area median income. 2. Pursuant to the authority of RCW 36.70A.540, the City finds that the higher income levels specified in the definition of affordable housing in this title, rather than those stated in the definition of “low-income households” in RCW 36.70A.540, are needed to address local housing market conditions in the City. 3. For Chapter 3.64 LMC, “affordable housing” means residential housing that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed thirty (30) percent of the household’s monthly income. For the purposes of housing intended for owner occupancy, “affordable housing” means residential housing that is within the means of low- or moderate-income households. "Affordable housing" means residential housing that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed thirty percent of the household's monthly income. For the purposes of housing intended for owner occupancy, "affordable housing" means residential housing that is within the means of low or moderate-income households. “Antenna” means - means any exterior apparatus designed for telephonic, radio, data, Internet, or television communications through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower or building for the purpose of providing telecommunications services an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term 73  Return to Agenda antenna does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15; and - an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15. "Campus facilities master plan" means the area that is defined by the University of Washington as necessary for the future growth and development of its campus facilities for campuses authorized under RCW 28B.45.020. “Low-income household” means a single person, family, or unrelated persons living together whose adjusted income is at or below eighty (80) percent of the median family income adjusted for family size, for the county, city, or metropolitan statistical area, where the project is located, as determined by the United States Department of Housing and Urban Development for the Tacoma Primary Metropolitan Statistical Area. reported by the United States department of housing and urban development. “Moderate-income household” means a single person, family, or unrelated persons living together whose adjusted income is more than eighty (80) percent but is at or below one hundred fifteen (115) percent of the median family income adjusted for family size, for the county, city, metropolitan statistical, where the project is located, as reported by the United States department of housing and urban development. For cities located in high-cost areas, “moderate-income household” means a household that has an income that is more than one hundred (100) percent, but at or below one hundred fifty (150) percent, of the median family income adjusted for family size, for the county where the project is located. Multifamily housing” or “multifamily” means building(s) having four (4) or more dwelling units designed for permanent residential occupancy resulting from new construction or rehabilitation or conversion of vacant, underutilized, or substandard buildings. "Multiple-unit housing" means a building or a group of buildings having four (4) or more dwelling units for permanent residential occupancy, not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing. Permanent residential occupancy” means multifamily housing that provides either rental or owner occupancy for a period of at least one (1) month. This excludes hotels and motels that predominately offer rental accommodation on a daily or weekly basis. "Permanent residential occupancy" means multiunit housing that provides either rental or owner occupancy on a nontransient basis. This includes owner-occupied or rental accommodation that is leased for a period of at least one (1) month. This excludes hotels and motels that predominately offer rental accommodation on a daily or weekly basis. 74  Return to Agenda “Residential target area” (“RTA”) means an area that has been designated by the City Council as lacking sufficient, available, desirable, and convenient residential housing to meet the needs of the public. With respect to designations after July 1, 2007, "residential targeted area" may not include a campus facilities master plan. See Chapter 3.64 LMC. "Substantial compliance" means compliance with local building or housing code requirements that are typically required for rehabilitation as opposed to new construction. "Urban center" means a compact identifiable district where urban residents may obtain a variety of products and services. An urban center must contain (a) Several existing or previous, or both, business establishments that may include but are not limited to shops, offices, banks, restaurants, governmental agencies; (b) Adequate public facilities including streets, sidewalks, lighting, transit, domestic water, and sanitary sewer systems; and (c) A mixture of uses and activities that may include housing, recreation, and cultural activities in association with either commercial or office, or both, use. 18A.20.080 Review Authorities Public Applications Notice of Director HE PC CC Application TYPE I ADMINISTRATIVE Form Based Code Review N D O/Appeal N N & Decision [NOTE: Proposed for clarification. Currently, the term zoning certification is used for form based code review; this would use the terminology found in LMC 18B.700.710 (F.)] 18A.40.020 Interpretation of land use tables. *** G. Any proposed use not listed in the land use table(s) shall be classified by the Director as permitted, conditional, or not permitted, based on the listed uses to which the proposed use is most similar. The Director shall make the determination according to the characteristics of the operation of the proposed use and based upon the Director’s interpretation of the Land-Based Classification Standards (“LBCS”) of the American Planning Association. The use shall be considered materially similar if it falls within the same LBCS classification. Where there is a question regarding the inclusion or exclusion of a particular proposed use within a particular zoning district, use category, or use type, the Director shall have the authority to make the final determination. If the Director determines that the proposed use is not similar to any use in the land use table(s), the proposed use shall not be permitted. 75  Return to Agenda The determination of the Director shall be appealable to the Hearing Examiner as set forth in Chapter 18A.20 LMC, Part IV. The Director shall report interpretation decisions to the Planning Commission when it appears desirable and necessary to amend this title. 18A.40.040 Commercial and industrial uses A. Commercial and Industrial Land Use Table. See LMC 18A.10.120(D) for the purpose and applicability of zoning districts. [Note: The remainder of the current table remains unchanged.] Zoning Classifications Commercial M M M M M MF3 A N N T C I R R R R C CC I I P and R R F F F (B) R C C O B B 1 2 3 4 1 2 3 1 2 I Industrial 1 2 1 2 3 (1) C 1 2 C D P Personal – – – – – – – – – P P P P P P P P – – – – – services Correct omission of permitting 3-Family dwelling units in the NC1, NC2, and ARC zones. Correct omission of permitting 3-Family dwelling units in the MF1 zone. 18A.40.110 Residential uses. A. Residential Land Use Table. See LMC 18A.10.120(D) for the purpose and applicability of zoning districts. Zoning Classifications MMMMM A N N T C I R R R R C C C I I P Residential Land Uses R R F F F R C C O B B 1 2 3 4 1 2 3 12 I 1 2 1 2 3 C 1 2 C D P Accessory dwelling unit (ADU) (B)(1)* P P P P P P P P – – – – P – – – – – – – – Detached single-family (B)(5) P P P P P P – – – P – – – – – – – – – – – Two-family residential, attached or detached – – – C P P P – – P P P – – – – – – – – – dwelling units Three-family residential, attached or detached – – – – C C P – – P P P – – – – – – – – – dwelling units Multifamily, four or more residential units – – – – – – P P P P P P P P – – – – – – – P: Permitted Use C: Conditional Use “–”: Not allowed * Numbers in parentheses reference use-specific development and operating conditions under subsection (B) of this section. 76  Return to Agenda 18A.60.090.A.4. The minimum width for all lots shall be fifty (50) feet except for lots created within the MR2 zoning district, which are governed by LMC 18A.60.030 (A). 18A.60.100. E. When calculations result in a fraction, the fraction shall be rounded down to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded downup; and 2. Fractions below 0.50 shall be rounded down. 18A.80 Parking 18A.80.020 General requirements. G. Location. Off-street parking facilities shall be located on the same property as the use they are required to serve and within three hundred (300) feet of the use, except as provided below. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facilities to the nearest point of the building that such facility is required to serve. 1. For a nursing home, assisted living facility, convalescent home, or group home, the parking facilities shall be located within one hundred (100) feet of the building they are required to serve. 2. For multifamily dwellings where the lot cannot accommodate all the required parking on site for its needs, up to forty (40) percent of the required parking may be located on a lot adjacent to the development.; provided, that the lot is legally encumbered pursuant to LMC 18A.80.060. 3. For all nonresidential uses where the lot cannot accommodate all the required parking on-site for its needs, parking facilities shall be located not farther than seven hundred fifty (750) feet from the facility. ; provided, that the lot is legally encumbered pursuant to LMC 18A.80.060. Parking shall not be permitted on properties zoned single- family residential (R1, R2, R3, R4) or open space (OSR1 and OSR2) unless the parking is being provided for a use that is permitted in said district. 4. For subsections G.1., G.2., and G. 3., off-site parking lots must be legally encumbered pursuant to LMC 18A.89.060. I. Mechanical Parking Lifts. In commercial zones and multi-family developments, by approving a mechanical lift permit, mechanical parking lifts may be used to satisfy all or a portion of vehicle parking requirements. Additional surface parking up to twenty-five percent (25-percent) of the required minimum amount of spaces may be required for lift systems unable to accommodate a range of vehicles including trucks, vans, SUV’s, or large 77  Return to Agenda sedans. Applications submittals shall include any information deemed necessary by the Director to determine parking can adequately and feasibly be provided and that the following performance standards can be met and the following findings for approval can be made: 1. The use of mechanical lift parking results in superior design and implementation of City goals and policies for infill development. 2. In existing developments and established neighborhoods, mechanical lift parking will be adequately screened and compatible with the character of surrounding development; and, in new developments, mechanical lift parking be compatible and appropriately considered with overall building and site design. 3. Mechanical lift parking systems shall comply with all development standards including but not limited to height and setback requirements, and parking and driveway standards with the exception of minimum parking stall sizes which are established by lift specifications. 4. There exists adequate agreement running with the land that mechanical parking systems will be safely operated and maintained in continual operation with the exception of limited periods of maintenance. 5. There are no circumstances of the site or development, or particular model or type of mechanical lift system which could result in significant impacts to those living or working on the site or in the vicinity. 18A.80.025 Maintenance A. It shall be the responsibility of the property owner to ensure that all off-street parking spaces and areas required by this chapter are maintained for the duration of the improvement or use requiring the parking area. B. All parking facilities, including curbs, directional markings, handicapped symbols, landscaping, pavement, signs, striping, and wheel stops, shall be permanently maintained by the property owner/tenant in good repair, free of litter and debris, potholes, obstructions, and stored material. C. Drive aisles, approach lanes, and maneuvering areas shall be marked and maintained with directional arrows and striping to expedite traffic movement. Any area not intended for parking shall be signed as such, or, in areas where curb exists, the curb may be painted red in lieu of signs. 18A.95 Wireless Service Facilities NOTE: Currently, LMC 18A.95.180 states that design standards are the equivalent of “concealment” features and that a small cell couldn’t be expanded beyond its definitional size by an EFR. In its order 78  Return to Agenda 20.75 at paragraphs 35 et seq., the FCC specifically referenced the position of local governments and rejected it. 18A.95.180 Review Criteria *** C. Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an eligible facilities request so long as the expansion (i) does not defeat design elements specifically designated as concealment techniques and b) incorporates the aesthetic elements and design criteria set forth in this chapter in a manner consistent with the rights granted an eligible facility. The design approved in a small wireless facility permit shall be considered concealment elements and such facilities may only be expanded upon submittal of an eligible facilities request described in LMC 18A.95.160, when the modification does not defeat the concealment elements of the small wireless facility [Note: Various scrivener corrections to reflect recodified or broken/eliminated RCW and WAC section links, including but not limited to:] State Citation LMC Section Status RCW 7.48A.010(iii) 18A.10.180 Broken link RCW 36.70A.040(12) 18A.10.180 Broken link RCW 36.70A.040(13) 18A.10.180 Broken link Chapter 51-21 WAC 15.05.020 Broken link WAC 197-11-315(a) 14.02.060 Broken link RCW 70.94.524 18A.80.020 Recodified to 70A.15.4010 18A.80.040 Chapter 70.96A RCW 5.32.070 Recodified to 71.24.510 et seq. Chapter 70.105 RCW 14.165.010 Recodified to RCW 70.300 18A.40.025 79  Return to Agenda ATTACHMENT A 80 Return to Agenda 81 Return to Agenda 82