HomeMy WebLinkAboutCity Council Committees - Economic and Community Development Committee - 05/08/2023 (3) Economic and Community
• Development Committee
KEN T Monday, May 8, 2023
WASHINGTON 4:0 0 PM
Chambers
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 863 1581 9764
Chair Toni Troutner
Councilmember Marli Larimer Councilmember Zandria Michaud
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Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Business Chair
A. Approval of Minutes
1. Approval of April 10, 2023 YES Chair 01 MIN.
Minutes
5. Action Items Chair 01 MIN.
A. ARPA - Grant Agreement YES Bill Ellis 15 MIN.
with Green River College
Small Business Center
B. ARPA Subrecipient YES Bill Ellis Urial Varela 25 MIN.
Agreement With Business Domonique Juleon
Impact Northwest
C. Accessory Dwelling Unit YES Kaelene Nobis 15 MIN.
Ordinance - Adopt
6. Adjournment Chair
The public may submit written public comments that relate to a committee agenda item by emailing:
cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written
public comments may only be submitted in person by presenting them to the committee secretary at
the public meeting. Written public comments that do not relate to a committee agenda item are not
permitted. Written public comments are not read into the record.
Economic and Community Development Committee May 8, 2023
CC ECDC Regular Meeting
Unless otherwise noted, the Economic and Community Development Committee meets at 4 p.m. on
the second Monday of each month in Kent City Hall, Council Chambers, 220 Fourth Avenue South,
Kent, WA. 98032.
For additional information, contact Rhonda Bylin at 253-856-5457 or email Rbylin@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-
5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1.
4.A.1
Pending Approval
Economic and Community
KENT Development Committee
WA9H... CC ECDC Regular Meeting
Minutes
April 10, 2023
Date: April 10, 2023
Time: 4:00 p.m.
Place: Chambers
Members: Toni Troutner, Committee Chair
Marli Larimer, Councilmember
Zandria Michaud, Councilmember
Bill Boyce, Council President
Satwinder Kaur, Councilmember
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Agenda:
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1. Call to Order 4:00 p.m. a
2. Roll Call a
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Attendee Name Title AM Status Arrived
Toni Troutner Committee Chair Present N
Marli Larimer Councilmember Excused N
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Zandria Michaud Councilmember Excused
Bill Boyce Council President Present a
Satwinder Kaur Councilmember Present 0
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Attendee Name Title Status Arrived
Toni Troutner Committee Chair Present
Marli Larimer Councilmember Excused
Zandria Michaud Councilmember Excused o
Bill Boyce Council President Present
Satwinder Kaur Councilmember Present a
3. Agenda Approval
4. Business
A. Approval of Minutes
1. Approval of Minutes dated February 13, 2023
Bill Boyce (mover) and Satwinder Kaur (seconder) voted Yes/Aye.
MOTION: Move to approve the Minutes dated February 13, 2023
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Page I of 4 Packet Pg. 3
4.A.1
Economic and Community Development April 10, 2023
Committee CC ECDC Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Satwinder Kaur, Councilmember
AYES: Troutner, Troutner, Boyce, Kaur
EXCUSED: Larimer, Michaud
B. 2021 Building Codes Adoption
Jon Napier and Steve Wilson gave a briefing on the 2021 Building Code
Adoption. On July 1, 2023, the 2021 editions of the International
Building, Residential, Fire, Energy Conservation and Mechanical Codes
and the Uniform Plumbing Code, with statewide amendments, will 4-
replace the current 2018 editions of these codes statewide. Cities are °
required by law and the State Building Code Council to administer and o
enforce these codes, and have the authority to enact local a
amendments, provided that they do not diminish the Codes' statewide a
minimum performance standards. Attached are proposed ordinances to 2
adopt the 2021 code editions and the City's local amendments to a.
these codes and to make other housekeeping amendments.
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A Public Hearing is tentatively schedule for the May 16th City Council meeting. N
C. City of Kent Collaboration with Kent School District - Request for
Qualifications �-
— a
Bill Ellis gave a presentation about the request for qualifications for a o
consultant project manager to guide the City and School District in
joint study and recommendations for Career and Technical Education c
paths. The funding source is American Recovery Act funds. The
Project purpose is to arrive at recommendations for future
investments and activities in career readiness/workforce
development curricula and to increase opportunities for the District's
young people through enhanced connections to Kent Valley a
employers and potential mentors in leading edge skills.
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A consultant will serve as a project manager support to complete the following:
1. Supplement the District's own activities to uncover
opportunities and build united efforts to resource, correct,
and act on areas for continuous improvement to current
activities or expansion of career and technical education
and STEM offerings at schools
2. Help build baseline definitional terminology and mutual
understanding between the District and City to engage
efficiently in conversations with career connected learning
and STEM programs that approach both institutions to
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Page 2 of 4 Packet Pg. 4
4.A.1
Economic and Community Development April 10, 2023
Committee CC ECDC Regular Meeting Kent, Washington
Minutes
serve Kent youth. Help position the District and City to
work in coordinated fashion to bring on-board relevant
opportunities
3. Institute a strategy with external parties in direct service
delivery in realms of internships, pre-apprenticeships,
apprenticeship, STEM, and career connection to support
students' navigation between required content and optional
experiences via various courses, spaces, and careers
Support the District's strategic planning team in its on-
going efforts to document and evaluate existing after
school programs and career-relevant curricula, i.e.,
system-wide audit to inform prioritization of resource 4-
development supporting staff, students, and community °
organizations in areas of STEM and career connection; o
4. Propose to City and District recommendations for action and a
investments that will ensure Pre-K to 12th grade students a
experience an intentional and coherent system across all a
career education courses and STEM opportunities both o
during and after the school day
5. Offer order-of-magnitude cost estimations to increase N
scale or improvement in adoption of main programs and CD
assessment of ongoing costs to the District. o
6. Work in support of District's measurement practices on efficacy to a
outcome in both evaluation and creation of: Q
7. Help staff at District and City build a communication plan °
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primarily for families and community partners. The plan
will identify and help create transparent communication =
tools to readily explain:
8. Support presentation of findings and recommendations
from study to District board and City councilmembers
for maintenance and sustainability of increased
investment in career readiness and STEM education a
opportunities.
Board members had questions around the financing of the project and the breath
of jobs that fall under the STEM moniker.
D. Accessory Dwelling Unit Ordinance - Outreach & Code Update
Kaelene Nobis, Long Range Senior Planner for Economic and Community
Development, provided LUPB with the draft accessory dwelling units
ordinance for review and gave a short update on final survey results.
The proposal would amend Kent City Code language that refers to ADUs
related to utilities, impacts fees, and definitions and proposes a full update to
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Page 3 of 4 Packet Pg. 5
4.A.1
Economic and Community Development April 10, 2023
Committee CC ECDC Regular Meeting Kent, Washington
Minutes
Section 15.08.350 to update accessory dwelling unit development standards
in accordance with research as well as LUPB, Council, and public feedback.
The LUPB was also presented with a comparison of the draft staff proposal
and proposed state legislation regarding ADUs (HB 1337). The proposals
differ in the following: the minimum threshold for maximum ADU size
standards, number of ADUs, parking, and impact fees. Staff explained the
proposed changes will be required if the Governor signs HB 1337.
The Board Members were very interested in the changes that will be required
by the State legislation. The questions asked were mainly about the Impact
Fees for the first ADU then the amount for the second ADU, as well as what 4-
the tax implications for building an ADU on current residential property will °
be. >
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BACKGROUND: a
On June 1, 2021, City Council adopted the Kent Housing Options Plan
(KHOP), which included data, engagement, strategies, and policies to a
address housing needs in Kent. Accessory Dwelling Units (ADUs) were
included in KHOP as one housing option to help meet the needs of current M
and future residents. o
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An ADU is a secondary (accessory) dwelling unit on the same lot as a L
detached single-family residence that provides basic living, sleeping, eating, Q
cooking, and sanitation requirements. It can be attached or detached from o
the primary residence. ADUs are sometimes referred to as "in-law" units or �
backyard cottages.
Kent has allowed attached and detached accessory dwelling units since 1995.
However, less than 30 ADUs have been permitted since 2010. During
outreach for KHOP, staff heard from the community that ADUs are one of the a
preferred options to help integrate housing units into single-family
neighborhoods. ADUs were identified as high-priority implementation items in a
KHOP. As such, staff applied for and received a Housing Action Plan
Implementation Grant from the Department of Commerce for $80,000 to
fund completion of this work before June 15, 2023.
5. Adjournment 4:50 p.m.
2hv-nda ByUvi,
Committee Secretary
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Page 4 of 4 Packet Pg. 6
5.A
ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5454
DATE: May 8, 2023
TO: Economic and Community Development Committee
SUBJECT: ARPA — Grant Agreement with Green River College Small
Business Center
MOTION: I move to authorize the Mayor to sign a grant agreement with Green
River College Small Business Center, providing up to $225,000 in ARPA funds, to
support and expand services provided to small businesses, subject to final contract
terms and conditions acceptable to the Mayor and City Attorney.
SUMMARY: The City has provided modest annual support to the Green River
College Small Business Center (GRSBC) for many years, out of discretionary budget
granted to the Economic development team from the general fund to improve the
environment for entrepreneurship and small business incubation in the City of Kent.
The GRSBC has proven to be an able and reliable partner in serving the small
business community and in 2021 a pilot program was conducted whereby additional
funding was provided through our Port of Seattle partnership to allow GRCSBC to
expand their program and offer more complex technical services for space planning
guidance and permit navigation assistance. Both successes and failures of GRCSBC
clients illustrated the need for such assistance, and we propose to provide a portion
of our ARPA funds to the GRCSBC to fund this expanded services model through the
grant utilization period ending December 31, 2026.
Exhibits: ARPA Grant Agreement
BUDGET IMPACT: $225,000 American Recovery Act funding
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. ARPA Grant Agreement - GRCSBC (PDF)
Packet Pg. 7
5.A.a
City of Kent - SLFRF - Grant Recipient Agreement
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Grantee Green River College
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Program Title Small Business Center Grant U
Grant Amount$ $225,000
Agreement Period From: July 1, 2023 To September 30, 2026 c
DUNS No. (if applicable) 118891841 SAM No. (if applicable)
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This Agreement is made by and between the City of Kent, a municipal corporation ("the City") and Grantee, a
Washington Public Community College,located at 417 Ramsay Way,#112,Kent,Washington,98032,to set forth the to
terms and conditions under which the City will provide a grant to Grantee under the Program to be used for costs
incurred during the Agreement Period. Such grant is provided to Grantee from the City's revenue loss funds for
government services,including the provision of technical assistance,counseling,or other services to assist Kent small U
businesses with business planning needs. y
1. Scope of Eligible Expenditures.Grant funds may only be used to pay or reimburse eligible expenditures as
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described in the"Federal Terms" (Exhibit 1),and as detailed in the"Scope of Work" (Exhibit 2). No grant funds may y
be used to pay or reimburse costs for which Grantee has received any other funding,whether state,federal or private
in nature,for that same cost. r
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2. Grantee Responsibilities.Grantee understands and agrees that funds provided under this Agreement may c
only be used in compliance with section 603(c)of the Social Security Act("the Act"),as added by section 9901 of the
American Rescue Plan Act("ARPA"),the U.S. Department of Treasury's("Treasury's")regulations implementing that L
section,guidance issued by Treasury regarding the foregoing,and any other applicable federal provisions, including Q
those described in the"Federal Terms" (Exhibit 1). +.
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3. Grantee Certifications. Prior to any disbursement of funds authorized by this Agreement, Grantee shall t9
provide the City with: Cost Certification (Exhibit 3), Civil Rights Certification Form (Exhibit 4), the Lobbying
Certification Form (Exhibit 5), if applicable, the Lobbying Disclosure Form (Exhibit 6), the City EEO Compliance
Documents (Exhibit 7),and proof of meeting the Insurance Requirements (Exhibit 8). Q
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4. Request for Payment. Grantee shall submit a quarterly invoice and Cost Certification (Exhibit 3) for the v
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expenses therein no later than fifteen (15) working days after the close of each calendar quarter throughout the
term of the Agreement. U
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S. Maintenance of and Access to Records.Grantee shall maintain all records and accounts with respect to all V
matters covered by this Agreement, including personnel, property, financial, and programmatic records and 0
documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing +,
that section,and guidance issued by Treasury regarding the foregoing.These records shall be maintained for a period E
of six (6) years after all funds have been expended or returned to the City, whichever is later, to ensure proper d
accounting for all funds and compliance with the Agreement.The City,the Treasury Office of Inspector General,and L
the Government Accountability Office, or their authorized representatives, shall have the right of access to records Q
(electronic and otherwise)of Grantee in order to conduct audits or other investigations.Grantee acknowledges that c
records may be subject to disclosure under the Public Records Act, Ch.42.56 RCW. L
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6. Publications. Any publications produced with funds from this Agreement must display the following a
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language: "This project[is being][was] supported,in whole or in part, by federal award number SLFRP3352 awarded Q
to the City of Kent,Washington by the U.S. Department of the Treasury."
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7. Disclaimer by the City and United States. The United States has expressly disclaimed any and all
responsibility or liability to the City or third persons for the actions of the City or third persons resulting in death,
bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any Q
Grant Beneficiary Agreement
Page 1 of 3
Packet Pg. 8
5.A.a
other losses resulting in any way from the performance of the award of Federal funds to the City under section
603(c) of the Act, or any contract or subcontract under such award. The City expressly disclaims any and all
responsibility or liability to Grantee or third persons for the actions of Grantee or third persons resulting in death, M
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bodily injury, property damages, or any other losses resulting in any way from the performance of this Agreement U
or any other losses resulting in any way from the performance of the Agreement, or any subcontract thereto. This N
Agreement does not in any way establish an agency relationship between or among the United States, the City, aa)
and/or Grantee.
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8. False Statements. Grantee understands that making false statements or claims in connection with this —
Agreement may be a violation of federal law and may result in criminal, civil, or administrative sanctions, including E
fines, imprisonment, civil damages and penalties, debarment from participating in federal or City awards or U)
contracts,and/or any other remedy available by law.
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9. Debarment and Suspension Certification. Entities that are debarred, suspended, or proposed for tU
debarment, by the U.S. Government are excluded from receiving federal funds and contracting with the City.
Grantee, by signature to this Agreement, certifies that Grantee is not currently debarred, suspended, or proposed
for debarment, by any Federal department or agency. Grantee also agrees that it will not enter into a subcontract
with a person or entity that is debarred,suspended,or proposed for debarment. Grantee will notify the City if it,or L
a subcontractor, is debarred, suspended, or proposed for debarment, by any Federal department or agency.
Debarment status may be verified at https://www.sam.gov/.
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10. Termination. Upon thirty (30) days-notice, the City may terminate this agreement for convenience. Any
unspent grant proceeds shall be immediately returned to the City. d
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11. Repayment of Funds; Recoupment. If Grantee has unspent grant proceeds on hand as of December 31,
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2024,Grantee shall return all unspent grant proceeds to the City within ten(10)calendar days. If any funds provided
to Grantee were used in a manner that is not consistent or allowable as outlined in this Agreement or in the Federal M
Terms, Grantee shall return funds to City in the amount determined to be ineligible. Grantee further agrees that it
is financially responsible for and will repay the City any and all indicated amounts following an audit exception which Q
occurs due to Grantee's failure,for any reason,to comply with the terms of this Agreement.This duty to repay the d
City shall not be diminished or extinguished by the termination of the Agreement. Q
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12. Conflict of Interest. Grantee designees, agents, members, officers, employees, consultants, and any other M
public official who exercises or who has exercised any functions or responsibilities with respect to the Program
during his or her tenure,or who is in a position to participate in a decision-making process or gain inside information U
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with regard to the Program,are barred from any interest,direct or indirect, in any grant or proceeds of the Program, V
or benefit there from,which is part of this Agreement at any time during or after such person's tenure.
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13. Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington.The venue for any action hereunder shall be in the Superior Court for King County,Washington, M
or the U.S. District Court for the Western District of Washington.
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14. Indemnification.To the maximum extent permitted by law,Grantee shall,at its cost and expense, protect, Q
defend, indemnify, and hold harmless the City, its directors, officers, employees, and agents, from and against any
and all demands, liabilities, causes of action, costs and expenses (including attorneys' fees), claims,judgments, or
awards of damages,arising out of or in any way resulting from the acts or omissions of Grantee,its directors,officers, Qa
employees, or agents, relating in any way to Grantee's performance or non-performance under the Agreement. W
Grantee agrees that its obligations under this paragraph extend to any demands,liabilities,causes of action,or claims Q
brought by,or on behalf of,any of its employees or agents.For this purpose,Grantee,by mutual negotiation,hereby m
waives, as respects the City only, any immunity that would otherwise be available against such claims under any E
industrial insurance act, including Title 51 RCW, other Worker's Compensation act, disability benefit act, or other
employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. These r
indemnification obligations shall survive the termination of the Agreement. Q
Grant Beneficiary Agreement
Page 2 of 3
Packet Pg. 9
5.A.a
15. Insurance. The Recipient shall procure and maintain for the duration of this Agreement, insurance of the
types and in the amounts described in Exhibit 8 attached and incorporated by this reference.
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16. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of U
counterparts,each of which shall constitute an original,and all of which will together constitute this one Agreement. N
Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email
and that signature shall have the same force and effect as if the Agreement bearing the original signature was
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received in person.
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CITY OF KENT GRANTEE cE
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Exhibits t
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1—Federal Terms
2—Scope of Work
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3—Cost Certification d
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4—Civil Rights Certification Form Q
5—Lobbying Certification Form
6—Lobbying Disclosure Form (if applicable) M
7—City EEOC Compliance Documents
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8—Insurance Requirements Q
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Grant Beneficiary Agreement
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5.B
ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5454
DATE: May 8, 2023
TO: Economic and Community Development Committee
SUBJECT: ARPA Subrecipient Agreement With Business Impact
Northwest
MOTION: I move to authorize the Mayor to sign a subrecipient agreement with
Business Impact Northwest, providing up to $400,000 in ARPA funds, for the design
and operation of a BIPOC business accelerator and targeted business services,
subject to final contract terms and conditions acceptable to the Mayor and City
Attorney.
SUMMARY: Business Impact Northwest: Targeted Business Services; Food
Business Acceleration; Doing Business with City of Kent Accelerator
Project Background:
The contract will serve two interrelated projects: increasing availability of small
business assistance and capacities to Kent and improving access and information
about city vending and vendor contracting opportunities.
The City of Kent has many opportunities to contract with businesses in the
community and has already committed to increasing women and BIPOC
participation in contracting and purchasing. One issue many cities struggle with is
that diverse-owned businesses are active in their procurement portal but have yet
to win a bid or contract successfully. This is often because these business owners
must fully understand what the City of Kent procurement teams are evaluating
when selecting contractors. These can be things such as needing to know how to
present cash flow, secure the proper bonding, or even present the ability to
articulate what their business does best succinctly. Business Impact NW is excited
to work with the City of Kent to design and run a BIPOC accelerator to ensure
diverse-owned businesses have all the education, tools, and resources to bid on city
contracts successfully. There is also the opportunity for additional cities in South
Sound to join this work, increasing access to opportunities for the accelerator
businesses.
Moreover, Business Impact Northwest will—working with local partners in the Kent
community such as the Kent Chamber of Commerce—provide tailored technical
assistance programming to City of Kent businesses to meet their needs. Through
this project we can collaborate to promote equitable economic growth and
opportunity, foster diversity and inclusion within the community, address historical
Packet Pg. 11
5.6
inequities and systemic barriers, and create a support system for small business
development. Business Impact Northwest is already operating the Food Business
Resource Center and collaborating with the City and other non-profits in-and-
around Kent on farm and food businesses. Part of this work will include continuing
advancement of programs tailored to BIPOC and women entrepreneurs in the farm
and food industries.
Project Purpose:
This project will be part of the Endeavor Northwest initiative created by The Seattle
Metropolitan Chamber of Commerce, to pioneer economic recovery to grow scalable
BIPOC-owned businesses. Endeavor NW projects focus on connecting BIPOC
business to market opportunities by identifying suppliers and procurements
opportunities in the market and then illuminating the pathways to those
opportunities. The program with the City of Kent will be training diverse-owned
businesses to increase opportunities for success through the City of Kent contract
bidding process as well as surrounding Kent Valley cities. Through this project, City
of Kent will be a leader in promoting equitable economic growth and opportunity,
fostering diversity and inclusion within the community, addressing historical
inequities and systemic barriers, and create a support system for small business
development.
The contract is to provide tailored technical assistance programming to City of Kent
businesses in order to meet their needs. Through this project we can collaborate to
promote equitable economic growth and opportunity, foster diversity and inclusion
within the community, address historical inequities and systemic barriers, and
create a support system for small business development.
EXHIBITS: ARPA Subrecipient Agreement, Scope of Work Summaries
BUDGET IMPACT: $400,000 American Recovery Act funding
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. BINW BIPOC Business Accellerator Program CSLR Subrepient Agreement
(PDF)
2. 23_0331 SOW City of Kent BIPOC Procurement Accelerator - Update (PDF)
3. 23_0331 SOW City of Kent Business Services and Market Ready -Update
(PDF)
Packet Pg. 12
5.B.a
BIPOC Business Accelerator Projects — CITY OF KENT
Pursuant to 2 CFR 200.332(a)(1) Federal Award Identification
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(i) Agency Name(must match the name associated I i)Unique Entity Identifie
with its unique entity identifier) (i.e., DUNS) m
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Business Impact Northwest
(iii)Federal Award (iv)Federal Award v)Federal Period of vi)Federal Budget Period +,
Identification Number(FAIN) Date lerformance Start and Start and End Date
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nd Date E
SLFRP3352 Lune 3, 2021] arch 3, 2021 — March 3, 2021 —
ecember 31,2026 December 31, 2026 L
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(vii)Amount of Federal viii)Total Amount of Federal (ix)Total Amount of the Federal Q
Funds Obligated to the unds Obligated to the agency Award Committed to the agency
agency by this action: Q
$400,000 400,000 400,000
(x)Federal Award Project Description: .0
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Targeted Business Services; Food Business Acceleration; Doing Business with City of Kent Accelerator Q
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(xi) Federal Awarding Agency: ass-Through Entity: kwarding Official Name
DEPARTMENT OF THE CITY OF KENT 3nd Contact Information: William Ellis,
TREASURY >ief Economic Development Officer M
ellis@kentwa.gov
(xii)Assistance Listing CFDA Number and Name (the pass-through entity xiii)Identification of Whether E
must identify the dollar amount made available under each Federal award and he Award is R&D
the CFDA number at time of disbursement) qO
21.027-CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Q
(xiv)Indirect Cost Rate for ward Payment Method (lump Is the Agency a Subrecipient
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the um payment or reimbursement) For the Purposes Q
Federal Award Df This Agreement? ;v
Reimbursement
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N/A YES-Subrecipient N
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PASS-THRU ENTITY City of Kent RECIPIENT
NAME a�
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Name: jBill Ellis Name: Joe Sky-Tucker a
Title: Chief EconomicTitle: Executive Director `o
Development Officer i
Signature: Signature:
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Date: Date:
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5.B.a
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AGREEMENT
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Contractor Business Impact Northwest r
Project Title BIPOC Business Accelerator Program; Food Business Acceleration; Targeted
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Business Services
Contract Amount $ $400,000 E
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Contract Period From: July 1, 2023 To December 31, 2026
DUNS No. (if applicable) SAM No. (if applicable) Q
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THIS AGREEMENT ("Contract") is entered into by CITY OF KENT, a political subdivision of i
the State of Washington (the "City"), and National Council for Community Development
("Contractor"), a Washington nonprofit corporation (the "Contractor"), with offices at 1111 U)
Superior Avenue, Suite 1114, Cleveland, OH 44114. a
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FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES ti
Coronavirus Local Fiscal LO
Recovery (CLFR) See Contract Amount Above See Contract Period Above 51-
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The City desires to provide grant funds to the Contractor as described in this Contract. E
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In consideration of payments, covenants, and agreements hereinafter mentioned, to be made a
and performed by the parties hereto, the parties mutually agree as follows:
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1. Contractor understands and agrees that funds provided under this Contract may come a
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from a federal source and agrees to comply with any and all additional applicable
terms. U)
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A. Contractor Capacity. Contractor agrees and confirms that it has the institutional, _J
managerial and financial capacity to ensure proper planning, management and L)
completion of the Contract. E
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B. Technical Assistance. If, at any time, Contractor believes its capacity is compromised o
or Contractor otherwise needs any sort of assistance, it SHALL immediately notify the a
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City. The City will make best efforts to provide timely technical assistance to the r
Contractor to bring the Contract into compliance.
C. Compliance with Act. Contractor understands and agrees that funds provided under
this Contract may only be used in compliance with section 603(c) of the Social Security a
Act(the Act), as added by section 9901 of the American Rescue Plan Act, the U.S. y
Department of Treasury's ("Treasury's') regulations implementing that section, and
guidance issued by Treasury regarding the foregoing. 3
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D. Definitions. U
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Words and terms shall be given their ordinary and usual meanings. Where used in the m
Contract documents, the following words and terms shall have the meanings indicated. The
meanings shall be applicable to the singular, plural, masculine, feminine and neutral of the Z
words and terms. Capitalized terms used in Exhibit A hereto are incorporated by reference 00
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herein.
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5.B.a
ACCEPTANCE OR ACCEPTED - A written determination by the City that the Contractor has y
completed the Work in accordance with the Contract.
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BENEFICIARY - An individual or organization that receives federal funds as an eni m
user to respond to the negative impacts of COVID-19 on that r
individual or organization.
CONTRACT AMENDMENT - A written change to the Contract modifying, deleting or adding to
the terms and conditions or Scope of Work, signed by both partie
with or without notice to the sureties.
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CONTRACTOR - The individual, association, partnership, firm, company,
corporation, or combination thereof, including joint ventures, a
contracting with the City for the performance of Work under the i
Contract. A beneficiary is not a contractor. ;
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DAY - Calendar day. a
EFFECTIVE DATE- The date the Contract is signed by the City a
KCC - The Kent City Code.
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PERSON - Includes individuals, associations, firms, companies, corporations
partnerships, or combination thereof, including joint ventures. E
PROJECT MANAGER - The individual designated by the City to manage the project on a L
daily basis and who may represent the City for Contract a
administration. c
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RCW - The Revised Code of Washington. a
SCOPE OF WORK(SOW) - An exhibit to the Contract consisting of a written description of the
Work to be performed. W
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SUBCONTRACTOR - The individual, association, partnership, firm, company, L)
corporation, or combination thereof, including joint ventures,
entering into an agreement with the Contractor to perform any o
portion of the Contractor's Work covered by this Contract. A a
beneficiary is not a subcontractor. r
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SUBRECIPIENT- An entity that uses the awarded funds to carry out a program for,
public purpose specified in the authorizing statute or ordinance, a
opposed to providing goods or services for the benefit of the City. a
A beneficiary is not a subrecipient.
WORK - Everything to be provided and done for the fulfillment of the U)
Contract and shall include services, goods and supplies specified
under this Contract, including Contract Amendments. a
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2. Contract Services and Requirements, and Incorporated Exhibits. m
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The Contractor shall provide services and meet the requirements included in this Contract and
in the following attached exhibits, each of which is incorporated herein by this reference:
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5.B.a
EXHIBIT NAME NUMBER/LETTER y
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Scope of Work A y
Civil Rights Certification B
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Lobbying Certification/Disclosure Form C
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Cost Certification D
City of Kent Equal Employment Opportunity Policy/ E
Compliance Statement Q
A. Scope of Eligible Expenditures. Funds shall only be used to pay or reimburse costs
and expenditures as described in Exhibit A. No funds may be used to pay or •�
reimburse expenditures reimbursed under any other federal or state program, or from
any other third-party source; provided the foregoing shall not be deemed to prohibit the
pledge of funds to the collateral agent under the Supported Facility pending the use a
thereof as provided in Exhibit A. a
B. Contractor Responsibilities. The funds provided under the Contract may come from a a
federal source. Contractor agrees to administer the Contract consistent with the terms
LO
and conditions of this Contract, in accordance with section 603(c) of the Act, the
Treasury's regulations implementing that section, and guidance issued by Treasury
regarding the foregoing, as well as any other applicable federal laws and regulations.
As part of the invoicing process, the Contractor shall provide the City with a "Cost
Certification" that funding of this Contract was used for eligible expenditures.
Contractor shall also provide the City with a "Civil Rights Certification" prior to payment a
for work authorized by this Contract.
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C. Reporting. Contractor shall provide the City with the following reports in a timely ;v
manner:
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i. Monthly/ Quarterly Expenditure Report by the 101" of month following expenditure W
to facilitate required quarterly City reporting. However, this reporting will be limited U)
to an accounting of the number of loans and their amounts originated in the City, F
and such reporting shall only occur until all funds have been disbursed.
Timeframes for more detailed reporting will be as set forth in the Scope of Work, o
Exhibit A. a
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ii. Payment Request Report
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iii. Closeout Report °'
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3. Contract Term. a
A. The Contractor acknowledges that the allowed Federal Period of Performance for the
expenditure of federal funds provided for under this Contract is March 3, 2021 to U)
December 31, 2026 (the "Contract Term"). m
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B. This Contract shall begin when countersigned by City of Kent. i
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4. Grant Funds Disbursement. m
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The City shall disburse to BINW its first payment, upon receiving an invoice and the required
documentation, following the Effective Date. Grant funds are to be used to support the projects
detailed in Exhibit A.
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5.B.a
5. Internal Control and Accounting System.
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The Contractor shall establish and maintain a system of accounting and internal controls that m
complies with the generally accepted accounting principles issued by the Financial Accounting r
Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as
is applicable to the Contractor's form of doing business.
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6. Debarment and Suspension Certification.
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If this Contract is a covered transaction for purposes of federally funded grant requirements,
the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 a�
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined 2
at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart W
C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier
covered transaction it enters into. Debarment status may be verified at https://www.sam.gov a
By signing and submitting this Contract, the Contractor certifies as follows: a
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The certification in this clause is a material representation of fact relied upon by City
of Kent. If it is later determined that the Contractor knowingly rendered an erroneous M
certification, in addition to remedies available to City of Kent, the Federal
Government may pursue available remedies, including but not limited to suspension a)
and/or debarment. The Contractor agrees to comply with the requirements of 49
CFR 29, Subpart C while performing this Contract and further agrees to include a a
provision requiring such compliance in its lower tier covered transactions.
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7. Maintenance of Records.
A. Accounts and Records: U)
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i. Contractor shall maintain ALL (100%) records and financial documents sufficient to E
evidence compliance with section 603(c) of the Act, Treasury's regulations
implementing that section, and guidance issued by Treasury regarding the o
foregoing. These records shall be maintained for a period of six (6) years after the a
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last date that all funds have been expended or returned to the City, whichever is r
later, to ensure proper accounting for all funds and compliance with the Contract.
ii. The Treasury Office of Inspector General and the Government Accountability Office, or °;
their authorized representatives, shall have the right of access to records (electronic a
and otherwise) of Contractor in order to conduct audits or other investigations. y
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iii. The Contractor shall maintain for a period of six years after termination of this Contract N
accounts and records, including personnel, property, financial, and programmatic m
records and other such records the City may deem necessary to ensure proper U
accounting and compliance with this Contract. a
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B. Nondiscrimination and Equal Employment Records: m
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In accordance with the nondiscrimination and equal employment opportunity E
requirements set forth herein, the Contractor shall maintain the following for a period of
six years after termination of this Contract: r
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5.B.a
i. Records of Contractor's employment, employment advertisements, application
forms, and other data, records and information related to employment, applications y
for employment or the administration or delivery of services or any other benefits m
under this Contract by Contractor; and r
ii. Records, including written quotes, bids, estimates or proposals, submitted to the
Contractor by all entities seeking to participate in this Contract, and any other E
information necessary to document the actual use of and payments to
subcontractors and suppliers in this Contract, including employment records. Q
The City may visit the Contractor's office to review these records. The Contractor a
shall provide all help requested by the City during such visits and make the L
foregoing records available to the City for inspection and copying. At all reasonable
times, the Contractor shall provide to the City, the state, and/or federal agencies or
officials access to its facilities—and will make reasonable efforts to provide access a
to the facilities of any subcontractor assigned any portion of this Contract in order to
monitor and evaluate the services provided under this Contract. The City will give a
reasonable advance notice to the Contractor in the case of audits to be conducted ti
by the City. The Contractor shall comply with all record keeping requirements of any M
applicable federal rules, regulations or statutes included or referenced in the
contract documents. If different from the Contractor's address listed above, the
Contractor shall inform the City in writing of the location of its books, records, E
documents, and other evidence for which review is sought, and shall notify the City L
in writing of any changes in location within 14 days of any such relocation. a
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8. Evaluations and Inspections. Q
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A. Subject to Inspection, Review, or Audit:
The records and documents with respect to all matters covered by this Contract shall
be subject at all time to inspection, review, or audit by the City and/or federal/state L)
officials authorized by law during the performance of this Contract and for six years E
after termination hereof, unless a longer retention period is required by law.
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B. Contract Monitoring and Public Records Requests a
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The Contractor and the City shall engage in monitoring visits to assess the as
Contractor's compliance with contract requirements, quality, and practices. The City
will execute monitoring visits in accordance with the applicable frequency, as a
prescribed by the controlling Exhibit under this Contract. The Contractor shall y
cooperate with the City and its agents to assess the Contractor's performance under
this Contract. At the request of the City, the Contractor shall implement a plan to 3
remedy any items of noncompliance identified during the monitoring process. m
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The results and records of these processes shall be maintained and disclosed in a
accordance with RCW Chapter 42.56. 00
3.1
If the Contractor considers any portion of any record provided to the City under this m
Contract, whether in electronic or hard copy form, to be protected under law, the
Contractor shall clearly identify each such portion with words such as E
"CONFIDENTIAL," "PROPRIETARY" or"BUSINESS SECRET."
All records of Beneficiaries that contain financial information pertaining to its business Q
Page 6 of 23
Packet Pg. 18
5.B.a
or any personally identifiable information shall be considered confidential whether or
not labeled as such. If a request is made for disclosure of such portion, the City will
immediately notify Contractor and determine, in consultation with Contractor, whether
the material should be made available under the Act. If the City determines that the m
material is subject to disclosure, the City will notify the Contractor of the request and
allow the Contractor fourteen (14) days to obtain an injunction in accordance with RCW
42.56.540. If the Contractor fails or neglects to take such action within said period, the
City will release the portions of record(s) deemed by the City to be subject to
disclosure. The City shall not be liable to the Contractor for inadvertently releasing Q
records pursuant to a disclosure request not clearly identified by the Contractor as
"CONFIDENTIAL," "PROPRIETARY" or "BUSINESS SECRET" or otherwise deemed a)
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confidential as aforesaid. U
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C. Performance, Measurement and Evaluation
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The Contractor shall submit performance metrics and program data as set forth in a
Exhibits to this Contract. The Contractor shall participate in evaluation activities as a
required by the City and shall make available all information required by any such
performance measurement and evaluation processes.
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D. Unauthorized Disclosure:
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The Contractor and the City each agrees that all information, records, and data
collected in connection with this Contract shall be protected from unauthorized a
disclosure in accordance with applicable state and federal law.
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9. Financial Report Submission. 0
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The Contractor is required to submit a financial reporting package as described in A below and _J
Exhibit A. All required documentation must be submitted by email to Bill Ellis, L)
Wellis@kentwa.gov by the stated due date. E
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A. If the Contractor is a Non-Federal entity as defined in 2 CFR Part 200.69 and expends o
750 000 or more in Federal awards during its fiscal year, then the Contractor shall a
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meet the audit requirements in 2 CFR Part 200 Subpart F. Audit packages are due to .2
the City within nine months after the close of the Contractor's fiscal year.
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10. Corrective Action. a
If the City determines that the Contractor has failed to comply with any terms or conditions of a
this Contract, or the Contractor has failed to provide in any manner the work or services (each N
a "breach"), and if the City determines that the breach warrants corrective action, the following m
procedure will apply: o
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3.1
A. Written Notification: Z
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The City will notify the Contractor in writing of the nature of the breach.
B. Contractor's Corrective Action Plan:
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5.B.a
The Contractor shall respond with a written corrective action plan within fourteen days a
of its receipt of such notification unless the City, at its sole discretion, extends in writing y
the response time. The plan shall indicate the steps being taken to correct the specified m
breach and shall specify the proposed completion date for curing the breach. This date r
shall not be more 30 days from the date of the Contractor's response, unless the City,
at its sole discretion, specifies in writing an extension to complete the corrective
actions. E
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C. City's Determination of Corrective Action Plan Sufficiency: Q
The City will determine the sufficiency of the Contractor's proposed corrective action a
plan, then notify the Contractor in writing of that determination. The determination of •�
sufficiency of the Contractor's corrective action plan shall be at the sole but good faith
discretion of the City.
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D. Termination or Suspension: a
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If the Contractor does not respond within the appropriate time with a corrective action ti
plan, or the Contractor's corrective action plan is determined by the City to be M
insufficient, the City may terminate or suspend this Contract in whole or in part
pursuant to Section 12.
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E. Withholding Payment: L
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In addition, the City may withhold any payment to the Contractor or prohibit the
Contractor from incurring additional obligations of funds until the City is satisfied that Q
corrective action has been taken or completed; and ;v
F. Non-Waiver of Rights:
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Nothing herein shall be deemed to affect or waive any rights the parties may have L)
pursuant to Section 12, Subsections B, C, and D. E
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G. Remedial Actions: In the event of Contractor's noncompliance with section 603(c) of a
the Act, Treasury's regulations implementing that section, guidance issued by Treasury r
regarding the foregoing, or any other applicable federal laws or regulations, Treasury
may take available remedial actions as set forth in 2 C.F.R. 200.339.
H. Recoupment: a
i. Contractor agrees that it is financially responsible for and will repay the City any
and all indicated amounts following an audit exception which occurs due to
Contractor's failure, for any reason, to comply with the terms of this Contract. This m
duty to repay the City shall not be diminished or extinguished by the termination of
the Contract. a
ii. In the event of a violation of section 603(c) of the Act, the Grant funds shall be m
subject to recoupment by the City, to the extent they have not already been loaned z
or granted to Beneficiaries. m
iii. Any funds paid to Contractor (1) in excess of the amount to which Contractor is
authorized to retain under the terms of the Contract; (2) that are determined by the E
Treasury Office of Inspector General to have been misused; (3) are determined by
Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Q
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5.B.a
Act; or (4) are otherwise subject to recoupment by the City pursuant to the terms
hereof, and have not been repaid by Contractor to the City shall constitute a debt to a
the City. y
iv. Any debts determined to be owed the City must be paid promptly by the Contractor. 00
A debt is delinquent if it has not been paid by the date specified in the City's initial
written demand for payment, unless other satisfactory arrangements have been
made or if the City knowingly or improperly retains funds that are a debt. The City
will take any actions available to it to collect such a debt. E
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11. Dispute Resolution. Q
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The parties shall use their best, good-faith efforts to cooperatively resolve disputes and
problems that arise in connection with this Contract. Both parties will make a good faith effort to
continue without delay to carry out their respective responsibilities under this Contract while
attempting to resolve the dispute under this section. a
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12. Termination. ti
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A. No Termination for Convenience:
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Due to the nature of Contractor's use of the funds pursuant to the Scope of Work, this E
Contract may not be terminated by the City without cause, in whole or in part once the 2
goal for loans to Kent, WA businesses has been met.
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B. Termination for Default:
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The City may terminate or suspend this Contract, in whole or in part, upon ten days ;
advance written notice if: (1)the Contractor breaches any duty, obligation, or service U)
required pursuant to this Contract and either (a) the corrective action process
described in Section 10 fails to cure the breach or (b)the City determines that requiring L)
a corrective action plan is impractical or that the duties, obligations, or services E
required herein become impossible, illegal, or not feasible.
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If the termination results from acts or omissions of the Contractor, including but not a
limited to misappropriation, nonperformance of required services, or fiscal
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mismanagement, the Contractor shall return to the City immediately any funds, as
misappropriated or unexpended, that have been paid to the Contractor by the City.
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C. Termination for Non-Appropriation: y
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If expected or actual funding is withdrawn, reduced, or limited in any way by the U)
Federal government, the City may, upon thirty days advance written notice to the m
Contractor, terminate or suspend this Contract in whole or in part. U
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If the Contract is terminated or suspended as provided in this Section: the City will be CO
liable only for payment in accordance with the terms of this Contract for funds z
expended prior to the effective date of termination or suspension. m
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If the Contract is suspended as provided in this Section, the City may provide written E
authorization to resume activities if expected or actual funding is reallocated to the City,
which shall be subject to the written agreement of Contractor to resume activities.
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5.B.a
D. Non-Waiver of Rights: a
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Nothing herein shall limit, waive, or extinguish any right or remedy provided by this m
Contract or by law or equity that either party may have if any of the obligations, terms, r
and conditions set forth in this Contract are breached by the other party.
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13. Hold Harmless and Indemnification. E
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A. Duties as Independent Contractor: Q
In providing services under this Contract, the Contractor is an independent contractor, a
and neither it nor its officers, agents, or employees are employees of the City for any
purpose. The Contractor shall be responsible for all federal and/or state tax, industrial 2
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil a
service rights which may accrue to a City employee under state or local law. The a
parties intend that an independent contractor relationship shall be created by this a
Contract. The Contractor shall not make any claim of right, privilege or benefit which ti
would accrue to an employee under chapter 41.06 RCW or Title 51 RCW. M
The City assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by E
reason of this Contract. ;v
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The Contractor shall protect, indemnify, defend and save harmless the City, its officers,
agents, and employees from and against any and all claims, costs, and/or losses Q
whatsoever occurring or resulting from (1) the Contractor's failure to pay any such ;v
compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of
work, services, materials, or supplies by Contractor employees or other suppliers in
connection with or support of the performance of this Contract.
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If, for any reason, the Contractor's licenses or certificates, if any, that are required to E
perform this Contract, are terminated, suspended, revoked or in any manner modified o
from their status at the time this Contract becomes effective such that Contractor a
cannot materially perform its obligations hereunder, the Contractor shall notify the City r
immediately of such condition in writing. The Contractor and any Subcontractor(s) shall
maintain and be liable for payment of all applicable taxes (except sales/use taxes),
fees, licenses, permits and costs as may be required by applicable federal, state or a
local laws and regulations in order for Contractor to provide the Work under this v,
Contract.
Neither the City nor its officers, agents, or employees are employees of the Contractor m
for any purpose. The Corporation assumes no responsibility for the payment of any
compensation, wages, benefits, or taxes, by, or on behalf of the City, its employees, o
and/or others by reason of this Contract. m
The City shall protect, indemnify, defend and save harmless the Contractor, its officers, Z
agents, and employees from and against any and all claims, costs, and/or losses 00
whatsoever occurring or resulting from (1) the City's failure to pay any such
compensation, wages, benefits, or taxes, and/or (2) the supplying to the City of work, E
services, materials, or supplies by City employees or other suppliers in connection with
or support of the performance of this Contract. Q
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5.B.a
B. Intellectual Property Infringement: a
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For purposes of this section, claims shall include, but not be limited to, assertions that m
use or transfer of software, book, document, report, film, tape, or sound reproduction or r
material of any kind, delivered hereunder, constitutes an infringement of any copyright,
patent, trademark, trade name, and/or otherwise results in unfair trade practice.
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The indemnification, protection, defense and save harmless obligations contained
herein shall survive the expiration, abandonment or termination of this Contract. Q
C. Nondisclosure of Data: a
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Data provided by the City either before or after Contract award shall only be used for
its intended purpose. Contractors and Subcontractors shall not utilize nor distribute the
City data in any form without the prior express written approval of the City. a
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D. Non-Disclosure Obligation:
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While the Contractor is performing the Work under this Contract, the Contractor and/or
City may encounter personal information, licensed technology, drawings, schematics, E
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manuals, data and other materials described as "Confidential", "Proprietary" or
"Business Secret". Neither the Contractor nor the City shall not disclose or publish the a
information and material received or used in performance of this Contract. This
obligation is perpetual. The Contract imposes no obligation upon the Contractor or the
City with respect to confidential information which the Contractor or the City can
establish: a) was in the possession of, or was rightfully known by the Contractor or the
City, respectively, without an obligation to maintain its confidentiality prior to receipt
from the other party or a third party; b) is or becomes generally known to the public U
without violation of this Contract; c) is obtained by the Contractor in good faith from a E
third party having the right to disclose it without an obligation of confidentiality; or, d) is o
independently developed by the Contractor without the participation of individuals who a
have had access to the City's or the third party's confidential information. If the r
Contractor is required by law to disclose confidential information the Contractor shall
notify the City of such requirement prior to disclosure.
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E. Indemnification:
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To the maximum extent permitted by law, Contractor shall, at its cost and expense, U
protect, defend, indemnify and hold harmless the City, its directors, officers, a
employees, and agents, from and against any and all demands, liabilities, causes of CO
action, costs and expenses (including attorney's fees), claims, judgments, or awards
of damages (collectively, "Claims"), arising out of or in any way resulting from the acts m
or omissions of Contractor, its directors, officers, employees, or agents, relating in any
way to the Contractor's performance or nonperformance under the Contract, except to
the extent that any Claims are the result of the City's performance or nonperformance E
under the Contract or its negligence or misconduct. These indemnification obligations r
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5.B.a
shall survive the termination of the Contract. The Contractor agrees that its obligations
under this paragraph extend to any demands, liabilities, causes of action, or claims
brought by, or on behalf of, any of its employees or agents. For this purpose, the
Contractor, by mutual negotiation, hereby waives, as respects the City only, any m
immunity that would otherwise be available against such claims under any industrial r
insurance act, including Title 51 RCW, other Worker's Compensation act, disability
benefit act, or other employee benefit act of any jurisdiction which would otherwise be
applicable in the case of such claim. In addition, the Contractor shall protect and E
assume the defense of the City and its officers, agents and employees in all legal or
claim proceedings arising out of, in connection with, or incidental to its indemnity a�
obligation; and shall pay all defense expenses, including reasonable attorney's fees,
expert fees and costs incurred by the City on account of such litigation or claims. If the a�
City incurs any judgment, award, and/or cost arising therefrom including reasonable 2
attorney's fees to enforce the provisions of this article, all such fees, expenses, and ;v
costs shall be recoverable from the Contractor.
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14. False Statements.
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Contractor understands that making false statements or claims in connection with this Contract
may be a violation of federal law and may result in criminal, civil, or administrative sanctions, M
including fines, imprisonment, civil damages and penalties, debarment from participating in
federal or City awards or contracts, and/or any other remedy available by law. a
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15. Publications. ;v
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Although it is not anticipated that funds provided to Contractor will be used to produce c
publications, any publications produced with funds from this Contract must display the Q
following language: "This project [is being][was] supported, in whole or in part, by federal
award number [enter project FAIN] awarded to City of Kent, Washington by the U.S.
Department of the Treasury." W
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16. Disclaimer by the City and United States. U
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A. The United States has expressly disclaimed any and all responsibility or liability to the o
City or third persons for the actions of the City or third persons resulting in death, bodily a
injury, property damages, or any other losses resulting in any way from the
performance of this award or any other losses resulting in any way from the
performance of the award of Federal funds to the City under section 603(c) of the Act,
or any contract or subcontract under such award. a
B. The City expressly disclaims any and all responsibility or liability to the Contractor or y
third persons for the actions of the Contractor or third persons resulting in death, bodily
injury, property damages, or any other losses resulting in any way from the U)
performance of this Contract or any other losses resulting in any way from the 00
Contractor's performance of the Contract, or any subcontract thereto. p
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C. This Contract does not in any way establish an agency relationship between or among CO
the United States, the City, and/or Contractor. z
17. Protection for Whistleblowers. m
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A. In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or E
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
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5.B.a
persons or entities provided below, information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds, an abuse of authority relating to a federal contract or grant, a substantial y
and specific danger to public health or safety, or a violation of law, rule, or regulation m
related to a federal contract (including the competition for or negotiation of a contract) r
or grant.
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B. The list of persons and entities referenced in the paragraph above includes the
following: Q
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General; Q-
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iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management; U)
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v. An authorized official of the Department of Justice or other law enforcement W
agency; a
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vi. A court or grand jury; orLO
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vii. A management official or other employee of Contractor, contractor, or
subcontractor who has the responsibility to investigate, discover, or address a
misconduct. E
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C. Contractor shall inform its employees in writing of the rights and remedies provided a
under this section, in the predominant native language of the workforce.
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18. Increasing Seat Belt Use in the United States.
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to W
adopt and enforce on-the-job seat belt policies and programs for its their employees when U)
operating company-owned, rented or personally owned vehicles. U
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19. Reducing Text Messaging While Driving. o
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Pursuant to Executive Order 13513, 74 FR 51225 (October 6, 2009), Contractor is encouraged o
to adopt and enforce policies that ban text messaging while driving, and to establish workplace L
safety policies to decrease accidents caused by distracted drivers.
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20. Insurance Requirements. a
The Contractor shall provide insurance coverage as set out in this section. The intent of the
required insurance is to protect the City should there be any claims, suits, actions, costs, U)
damages or expenses arising from any loss, or negligent or intentional act or omission of the 00
Contractor or Subcontractor, or agents of either, while performing under the terms of this p
Grant. Failure to maintain the required insurance coverage may result in termination of this i
Grant. 00
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The insurance required shall be issued by an insurance company authorized to do business m
within the state of Washington. Except for Professional Liability or Errors and Omissions
Insurance, the insurance shall name the City of Kent, its agents, officers, and employees as E
additional insureds under the insurance policy. All policies shall be primary to any other valid
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5.B.a
and collectable insurance. The Contractor shall instruct the insurers to give the City thirty (30)
calendar days advance notice of any insurance cancellation, non-renewal or modification.
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The Contractor shall submit to the City within fifteen (15) calendar days of a written request by m
the City, a certificate of insurance which outlines the coverage and limits defined in this r
insurance section. During the term of the Grant, if required or requested, the Contractor shall
submit renewal certificates not less than thirty (30) calendar days prior to expiration of each
policy required under this section. E
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The Contractor shall provide, at the City's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of as
coverage, and that the City will be provided thirty (30) days advance written notice of •�
cancellation.
The Contractor shall provide insurance coverage that shall be maintained in full force and m
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effect during the term of this Grant, as follows: a
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Commercial General Liability Insurance Policy. Provide a Commercial General Liability ti
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate M
quantity to protect against legal liability arising out of Grant activity but no less than
$1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that
any Subcontractor provide adequate insurance coverage for the activities arising out of E
Subcontracts. ;v
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Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain
Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain Q
minimum limits of no less than $1,000,000 per occurrence to cover all activities by the ;v
Contractor and licensed staff employed or under contract to the Contractor. The City, its
agents, officers, and employees need not be named as additional insureds under this
policy.
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Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on E
behalf of the Contractor for the purpose of receiving or depositing funds into program
accounts or issuing financial documents, checks, or other instruments of payment for a
program costs shall be insured to provide protection against loss: o
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A. The amount of fidelity coverage secured pursuant to this Grant shall be $100,000 or the as
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name the City as beneficiary. a
B. Subcontractors that receive $10,000 or more per year in funding through this Grant and
are lenders in Flex Fund program shall secure fidelity insurance as noted 3
above.Fidelity insurance secured by subcontractors pursuant to this paragraph shall m
name the Contractor as beneficiary. U
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The Contractor shall have the "right to control" and bear the sole responsibility for the job site �
conditions, and job site safety. The Contractor shall comply with all applicable federal, state, Z
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and local safety regulations governing the job site, employees, and Subcontractors. The
Contractor shall be responsible for the Subcontractor's compliance with these provisions. E
21. Assignment. r
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5.B.a
Contractor shall not assign any interest, obligation or benefit under or in this Contract or
transfer any interest in the same, whether by assignment or novation, without prior written
consent of the City. If assignment is approved, this Contract shall be binding upon and inure to m
the benefit of the successors of the assigning party upon the written agreement by assignee to r
assume and be responsible for the obligations and liabilities of the Contract, known and
unknown, and applicable law.
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If at any time during the Contract term the Contractor experiences a change in its name or
federal tax status either through acquisition, novation, assignment, re-organization or some Q
other change that affects its Taxpayer Identification Number (TIN) or Tax Reporting Name, it �.
shall notify City of Kent immediately upon the information becoming publicly available. a
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22. Subcontracting.
A. Written Consent of the City: m
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The Contractor shall not subcontract any portion of this Contract or transfer or assign a
any claim arising pursuant to this Contract without the written consent of the City. The ti
City's consent must be sought in writing by the Contractor not less than 15 days prior M
to the date of any proposed subcontract. The City shall provide its written approval , or
rejection (and the reasons therefor) within 10 days after submission by Contractor.
Failure of the City to respond shall be deemed to constitute the City's approval. E
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Notwithstanding the foregoing, the City acknowledges that Contractor has entered into
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or may enter into (a) subcontracts with technical assistance providers that will perform
program outreach and technical or other assistance to borrowers and related services, 2
(b) subcontracts with communications consultant, DH, to develop an application ;v
landing page, social media materials and other materials as necessary to market the
Small Business Flex Fund throughout the State of Washington, including the City, and
(c) a Management Agreement with the National Council for Community Development, -J
Inc. dba National Development Council, a New York nonprofit corporation ("NDC"), U
under which NDC will perform certain of the work contemplated under this Contract, E
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The City further acknowledges that Contractor has entered into and/or will enter into a
contracts from time to time with community development financial institutions (CDFIs) o
in connection with the Work. Such CDFIs are not considered subgrantees or 2
subcontractors for purposes of the terms of this Contract, unless otherwise required by a�
federal law.
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Other known Subcontractors such as communications consultant DH, and technical y
assistance providers, Business Impact Northwest and Ventures are approved per this
Contract. N
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The rejection or approval by the City of any Subcontractor or the termination of a U
Subcontractor will not relieve Contractor of any of its responsibilities under the a
Contract, nor be the basis for additional charges to the City. 00
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In no event will the existence of the subcontract operate to release or reduce the m
liability of Contractor to the City for any breach in the performance of Contractor's
duties.
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The City has no contractual obligations to any subcontractor or vendor under contract r
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5.B.a
to the Contractor. Contractor is fully responsible for all contractual obligations, financial
or otherwise, to its subcontractors. a
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B. "Subcontract" Defined: m
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"Subcontract" shall mean any agreement between the Contractor and an individual,
association, partnership, firm, company, corporation, or combination thereof, including
joint ventures, which agreement provides for such person or entity to perform any E
portion of the Contractor's Work covered by this Contract; provided that the term
"subcontract" does not include (a) the purchase of(1) support services not related to Q
the subject matter of this Contract, or (2) supplies; or (b) a grant to a beneficiary.
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C. Required Language for Subcontracts: •�
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The Contractor shall include the following language verbatim in every subcontract for
services which relate to the subject matter of this Contract: a
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"Subcontractor shall protect, defend, indemnify, and hold harmless City of Kent, its a
officers, employees and agents from any and all costs, claims,judgments, and/or ti
awards of damages arising out of, or in any way resulting from the negligent act or M
omissions of subcontractor, its officers, employees, and/or agents in connection with or
in support of this Contract. Subcontractor expressly agrees and understands that City
of Kent is a third-party beneficiary to its Contract with Contractor and shall have the E
right to bring an action against subcontractor to enforce the provisions of this ;v
paragraph." a
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23. Nondiscrimination. Q
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A. The Contractor shall comply with all applicable federal, state and local laws regarding
discrimination, including those set forth in this Section.
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B. Nondiscrimination: L)
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In the hiring of employees for the performance of work under this Agreement or any
subcontract, the Contractor, its Subcontractors, or any person acting on behalf of the a
Contractor or Subcontractor shall not, by reason of race, religion, color, sex, age, o
sexual orientation, national origin, or the presence of any sensory, mental, or physical
disability, discriminate against any person who is qualified and available to perform the as
work to which the employment relates. The Contractor shall execute the City of Kent
Equal Employment Opportunity Policy Declaration, Comply with City Administrative a
Policy 1.2, and upon completion of the Work, file the Compliance Statement, attached y
as Exhibit E.
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C. Equal Employment Opportunity Efforts: m
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The Contractor will undertake, and require all Subcontractors to undertake equal m
employment opportunity efforts to ensure that applicants and employees are treated, �
without regard to their sex, race, color, marital status, national origin, religious m
affiliation, disability, sexual orientation, gender identity or expression or age. Equal
employment opportunity efforts shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for r
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5.B.a
training, including apprenticeships. The Contractor agrees to post, and to require
Subcontractors to post in conspicuous places available to employees and applicants
for employment notices setting forth this nondiscrimination clause.
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D. Nondiscrimination in Subcontracting Practices:
During the term of this Contract, the Contractor shall not create barriers to open and
fair opportunities to participate in City contracts or to obtain or compete for contracts E
and subcontracts as sources of supplies, equipment, construction and services. In ;v
considering offers from and doing business with subcontractors and suppliers, the Q
Contractor shall not discriminate against any person because of their sex, race, color,
marital status, national origin, religious affiliation, disability, sexual orientation, gender Q
identity or expression or age except by minimum age and retirement provisions, unless U
based upon a bona fide occupational qualification.
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24. Conflict of Interest. a
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Contractor understands and agrees it must maintain a conflict of interest policy consistent with
2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity M
funded under this award. Contractor and subrecipients must disclose in writing any potential
conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. a
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25. Political Activity Prohibited. a
None of the funds, materials, property, or services provided directly or indirectly under this a
Contract shall be used for any partisan political activity or to further the election or defeat of 0
any candidate for public office.
26. Future Support. W
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The City makes no commitment to support contracted services and assumes no obligation for E
future support of the contracted activity(-ies), except as expressly set forth in this Contract.
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27. Entire Contract. a
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The parties agree that this Contract is the complete expression of the described subject
matter, and any oral or written representations or understandings not incorporated herein are
excluded. Both parties recognize that time is of the essence in the performance of this a
Contract.
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28. Contract Amendments. N
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Either party may request changes to this Contract. Proposed changes that are mutually U
agreed upon shall be incorporated only by written amendments to this Contract. a
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29. Notices.
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Whenever this Contract provides for notice by one party to another, such notice shall be in
writing and directed to each party's contact representative indicated within the contract a
exhibits. Any time within which a party must take some action shall be computed from the date E
that any associated required notice is received by that party. r
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5.B.a
Unless otherwise specified in the Contract, all notices or documentation required or provided
pursuant to this Contract shall be in writing and shall be deemed duly given when received at 3
the addresses first set forth below via certified or registered first class mail, return receipt m
requested, personal delivery or electronic mail. However, if any of the following occur: "notice r
to cure" a default, Contractor communication in connection with an alleged default, or notice of
termination, such notice or communication shall only be delivered personally, or by certified or a
registered first class mail, return receipt requested.
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CITY OF KENT CONTRACTOR a
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Attn: Bill Ellis Attn: Joe Sky-Tucker U
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Economic & Community Business Impact Northwest.
Development U)
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220 4th Avenue South 12720 Gateway Drive South Suite W
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207
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Kent, WA 98032 Tukwila, WA 98168-3333 M
253-856-5709 206-434-4330
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Wellis@kentwa.gov Email: E
Joes@buisnessimpactnw.org ;v
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30. Services Provided in Accordance with Laws, Rules, and Regulations. a)a
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The Contractor and any Subcontractor agree to abide by the laws of the state of Washington,
rules and regulations promulgated thereunder, and regulations of the state and federal W
governments, as applicable, which control disposition of funds granted under this Contract, all cn
of which are incorporated herein by reference. L)
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If there is an irreconcilable conflict between any of the language contained in any exhibit or o
attachment to this Contract, the language in the Contract shall control over the language a
contained in the exhibit or the attachment, unless the exhibit provision expressly indicates that o
it controls over inconsistent contract language. If there is conflict among requirements set forth L
in exhibits, language contained in the lower numbered exhibit shall control unless the higher
numbered exhibit provision expressly indicates that it controls over inconsistent lower
numbered exhibit language. a
31. Applicable Law.
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A. This Contract shall be construed and interpreted in accordance with the laws of the 00
State of Washington. The venue for any action hereunder shall be in the Superior a
Court for King County, Washington. m
B. Contractor agrees to comply with the requirements of section 603 of the Act, the z_
Treasury's regulations implementing that section, and guidance issued by Treasury 00
regarding the foregoing. Contractor also agrees to comply with all other applicable
federal laws, regulations, and executive orders, and Contractor shall provide for such E
compliance by other parties in any agreements it enters into with other parties relating
to this Contract. r
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5.B.a
C. Federal regulations applicable to this award include, without limitation, the following:
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D. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for m
Federal Awards, 2 C.F.R. Part 200, including the following: r
i. Subpart A, Acronyms and Definitions;
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ii. Subpart B, General Provisions;
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iii. Subpart C, Pre-Federal Award Requirements and Contents of Federal Awards;
iv. Subpart D, Post-Federal Award Requirements; Q
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V. Subpart E, Cost Principles; and Q
vi. Subpart F, Audit Requirements.
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E. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is a
hereby incorporated by reference.
F. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, M
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
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G. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-
procurement), 2 C.F.R. Part 180, including the requirement to include a term or a
condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. a�
Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19.
H. Recipient Integrity and Performance Matters, pursuant to which the award term set forth
in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
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I. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. U)
J. New Restrictions on Lobbying, 31 C.F.R. Part 21. E
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K. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. o
§§ 4601-4655) and implementing regulations. a
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L. Generally applicable federal environmental laws and regulations. 2
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M. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following: a
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and y
Treasury's Implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or U)
activities receiving federal financial assistance; m
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ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ i
3601 et seq.), which prohibits discrimination in housing on the basis of race, 00
color, religion, national origin, sex, familial status, or disability; z
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iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
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5.B.a
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),
and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and m
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V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local E
governments or instrumentalities or agencies thereto; a
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vi. Hatch Act. Contractor agrees to comply, as applicable, with requirements of Q
the Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limits certain a
political activities of federal employees, as well as certain other employees who •�
work in connection with federally funded programs.
N. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (2 CFR 183) v)
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i. The Contractor must exercise due diligence to ensure that none of the funds,
including supplies and services, received under this Contract are provided a
directly or indirectly (including through subcontracts) to a person or entity who is ti
actively opposing the United States or coalition forces involved in a contingency M
operation in which members of the Armed Forces are actively engaged in �-
hostilities. The Contractor must terminate or void in whole or part any subcontract
with a person or entity listed in the System Award Management Exclusions(SAM) E
as a prohibited or restricted sources pursuant to subtitle E of Title VIII of the L
NDAA for FY 2015, unless the Federal awarding agency provides written a
approval to continue the subcontract.
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ii. The Federal awarding agency has the authority to terminate or void this Contract, a
in whole or in part, if the Federal awarding agency becomes aware that the
Contractor failed to exercise due diligence as required by paragraph J. of this cn
clause N. or if the Federal awarding agency becomes aware that any funds W
received under this Contract have been provided directly or indirectly to a person U)
or entity who is actively opposing coalition forces involved in a contingency E
operation in which members of the Armed Forces are actively engaged in
hostilities.
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iii. In addition to any other existing examination-of-records authority, the Federal a
Government is authorized to examine any records of the Contractor and its
Subcontracts to the extent necessary to ensure that funds, including supplies and as
services, available under this Contract are not provided, directly or indirectly, to
a person or entity that is actively engaged in hostilities, except for awards a
awarded by the Department of Defense on or before Dec 19, 2017 that will be y
performed in the United States Central Command (USCENTCOM) theater of
operations. U)
iv. The Contract must include the substance of this clause in Subcontracts that have 00
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an estimated value over$50,000 and will be performed outside the United States, a
including its outlying areas. m
O. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO z
SURVEILLANCE SERVICES OR EQUIPMENT (CFR 200.216) m
i. Costs incurred for telecommunications and video surveillance services or
equipment such as phones, internet, video surveillance, cloud servers are E
allowable except for the following circumstances:
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5.B.a
ii. Contractor and Subcontractor are prohibited from obligating or expending
contract funds to: a
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a. Procure or obtain;
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b. Extend or renew a contract to procure or obtain; or r
c. Enter into a contract(or extend or renew a contract)to procure or obtain equipment,
services, or systems that use covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology as E
part of any system. As described in Public Law 115-232, section 889, covered 0�
telecommunications equipment is telecommunications equipment produced by Q
Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate c
of such entities). Q
1. For the purpose of public safety, security of government facilities, physical W
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced U)
by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or a
affiliate of such entities). ti
2. Telecommunications or video surveillance services provided by such entities LO
or using such equipment.
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3. Telecommunications or video surveillance equipment or services produced E
or provided by an entity that the Secretary of Defense, in consultation with 2
the Director of the National Intelligence or the Director of the Federal Bureau a
of Investigation, reasonably believes to be an entity owned or controlled by,
or otherwise connected to, the government of a covered foreign country.
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P. DOMESTIC PREFERENCES FOR PROCUREMENTS (CFR 200.322)
i. As appropriate and to the extent consistent with law, the Contractor should, to
the greatest extent practicable under a Federal award, provide a preference for _j
the purchase, acquisition, or use of goods, products, or materials produced in L)
the United States (including but not limited to iron, aluminum, steel, cement, E
and other manufactured products). The requirements of this section must be
included in all subcontracting agreements and purchase orders for work or o
products under this contract. a
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ii. For purposes of this section: 2
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a. "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting state through the application a
of coatings, occurred in the United States.
b. "Manufactured products" means items and construction material composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer-
based products such as polyvinyl chloride pipe; aggregates such as concrete; 00
glass, including optical fiber; and lumber. p
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32. No Third-Party Beneficiaries. z
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Except for the parties to whom this Contract is assigned in compliance with the terms of this c
Contract, there are no third party beneficiaries to this Contract, and this Contract shall not E
impart any rights enforceable by any person or entity that is not a party hereto.
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33. Non-Waiver of Breach.
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Waiver of any default shall not be deemed to be a waiver of any subsequent default. No action y
or failure to act by the City shall constitute a waiver of any right or duty afforded to the City m
under the Contract; nor shall any such action or failure to act by the City modify the terms of r
the Contract or constitute an approval of, or acquiescence in, any breach hereunder, except as
may be specifically stated by the City in writing.
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34. Contractor Certification.
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By signing this Contract, the Contractor certifies that, in addition to agreeing to the terms and Q
conditions provided herein, it has read and understands all contracting requirements as a
contained in this Contract and the Exhibits and Attachments hereto. 2-
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35. Force Maieure.
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The term "force majeure" shall include, without limitation by the following enumeration: acts of
nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of a
emergency repairs, industrial, civil or public disturbances, causing the inability to perform the
requirements of this Contract; provided, however, "force majeure" shall not include the COVID LO
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19 pandemic which is ongoing as of the date of the execution of this Contract. If any party is
rendered unable, wholly or in part, by a force majeure event to perform or comply with any
obligation or condition of this Contract, upon giving notice and reasonably full particulars to the
other party, such obligation or condition shall be suspended only for the time and to the extent a
commercially practicable to restore normal operations. In the event the Contractor ceases to
be excused pursuant to this provision, then the City shall be entitled to exercise any remedies •Q
otherwise provided for in this Contract, including termination for default. ;v
36. Severability. W
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Whenever possible, each provision of this Contract shall be interpreted to be effective and E
valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then
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such provision or portion thereof shall be modified to the extent necessary to render it legal, a
valid and enforceable and have the intent and economic effect as close as possible to the o
invalid, illegal and unenforceable provision. L
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37. Subaward Lanquage.
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Pursuant to 2 C.R.F. Part 200.320, an agency must make a determination whether the scope
of work falls under a Subrecipient or Contractor relationship. The parties agree that the scope N
of work for this Contract falls under a subrecipient relationship. m
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38. Counterparts and Signatures by Fax or Email. O
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This Agreement may be executed in any number of counterparts, each of which shall z
constitute an original, and all of which will together constitute this one Agreement. Further, m
upon executing this Agreement, either party may deliver the signature page to the other by fax
or email and that signature shall have the same force and effect as if the Agreement bearing
the original signature was received in person. E
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IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: y
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CITY OF KENT CONTRACTOR r
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Mayor, City of Kent Signature
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Date Name (Please type or print)
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5.B.b
Exhibit A
Doing Business with the City Accelerator
BusinessTmoactNW
Business Impact NW Scope of Work Proposal—March 31,2023
Project Name: SMALL BUSINESS FINANCIAL EMPOWERMENT a
City of Kent—Doing Business with the City Accelerator-an Endeavor NW Project
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Project Background:
The City of Kent has many opportunities to contract with businesses in the community and has already committed to increasing women and BIPOC .LOM.
participation in contracting and purchasing. One issue many cities struggle with is that diverse-owned businesses are active in their procurement portal but
have yet to win a bid or contract successfully.This is often because these business owners must fully understand what the City of Kent procurement teams are
evaluating when selecting contractors. These can be things such as needing to know how to present cash flow, secure the proper bonding,or even present the
ability to articulate what their business does best cynically. Business Impact NW is excited to work with The City of Kent to design and run a BIPOC accelerator i
to ensure diverse-owned businesses have all the education,tools,and resources to bid on city contracts successfully.There is also the opportunity for other 2
cities in South Sound to join this work, increasing access to opportunities for the accelerator businesses.
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Project Purpose: Q
This project will be part of the Endeavor Northwest initiative created by The Seattle Metropolitan Chamber of Commerce,to pioneer economic recovery to
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grow scalable BIPOC-owned businesses. Endeavor NW projects focus on connecting BIPOC business to market opportunities by identifying suppliers and
procurements opportunities in the market and then illuminating the pathways to those opportunities.The program with the City of Kent will be training
diverse-owned businesses to increase opportunities for success through the City of Kent contract bidding process as well as surrounding Kent Valley cities. o
Through this project,City of Kent will be a leader in promoting equitable economic growth and opportunity,fostering diversity and inclusion within the a
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community,addressing historical inequities and systemic barriers,and create a support system for small business development. p
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Qualifications: m
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• Business Impact NW has been providing technical assistance for underserved entrepreneurs and small business owners for over 25 years with Y
demonstrated success.Since 1997 our technical assistance department has served 19,940 clients, helped launch 1,390 new businesses,and created or o
retained 17,257 jobs. r
• Business Impact NW has provided several different business accelerators and incubators. In 2022 alone,we launched an accelerator partnering with V
Cornerstone Construction and Emerald Cities which matched mid-sized contractors with Cornerstone and its larger subcontractor to mid-sized O
projects as well as a small business digital accelerator with a partnership from Amazon to prepare small businesses to maximize e-commerce and N
paired the training with a market opportunity event at the end of the year. M
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program designed to support small businesses in building a business plan, managing, marketing, and financing a business.Grow&Thrive is a twelve N
week mentor program for established businesses seeking to expand and provides training on how to develop a strategic plan, how to work with
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5.B.b
Project Overview
Business Impact NW will work with the City of Kent to create an Accelerator that would include tailored 4-6 week training with wrap-around services to
accelerate the diverse-owned ability to bid and win City contracts successfully.The program curriculum will cover general business basics and dive deep into Q
what is needed to navigate and succeed as a City of Kent contractor(and other Kent Valley cities).All programming will be delivered virtually in a hybrid format a
allowing maximum flexibility to business owners while still providing peer connections. Business Impact NW wrap-around services will include free one-on-one Q
business advising,a network of low-cost professional services,compassionate debt capital for businesses needing access to capital,and a robust online
network of peers,experts,and mentors. Business Impact NW would deploy this accelerator three times over the contract year.While the program will be M
accessible to suppliers of goods,this program will focus on those providing contract services to local cities in consulting and construction industries. This
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program will be developed and delivered in English the first year but Business Impact NW has several tools to help increase other language accessibility to the
program including on-demand translation services, on staff Spanish, Dari, Persian, and Pashto speakers during that first year. We hope in the second year to a
build out the program to be bilingual in Spanish.
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Access to Capital: 2-
We have developed a loan product that will be made available to all graduates of multi-week training programs in this scope of work that will open up an
unsecured loan product of up to$100,000. U
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Activities Timeline Outcomes&Deliverables Measured Metrics&Impacts
Develop 4-6 week core training in partnership with March-May -Completed training that prepares business o
the City of Kent 2023 owners for successful contracts with the a
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Recruit diverse-owned businesses to participate in April-June 2023 -Outreach and advertising plan. #of business owners who apply
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Accelerator) -Quality business leads into the program.
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Project name:City of Kent—City of Kent—Doing Business with the City Accelerator
BUSINESS IMPACT NW I BUSINESS CONSULTING &t TECHNICAL ASSISTANCE I CERTIFIED CDFI MICRO AND SMALL BUSINESS LOANS
Packet Pg. 37
5.B.b
• Register and Orient cohort members February-2024 #of business owners who
• Match each cohort member with Business —cohort 2 complete the training portion of
Impact NW Business Advisor the program
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Reported Metric or Impact Estimated Goal System of tracking c
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#of unique clients served by the program 45 Internal CRM and intake application/registration d
#of clients reporting new City contracts at year-end 15 Internal CRM and follow-up client surveys U
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Dollar Increase in client revenue 20% Internal CRM and follow-up client surveys a
#of jobs retained and/or created 150 Internal CRM and follow-up client surveys m
of clients who report better understanding City of Kent 80% Follow-up client surveys (D
procurement processes Y
•Female self-identified clients 60% Internal CRM and intake application/registration 0,
•of BIPOC self-identified Clients 70% Internal CRM and intake application/registration V
#of businesses interested in the program 150 Internal CRM and intake application/registration 3:
#of direct client hours provided 250 Internal CRM 0
#of training hours provided 300 Internal CRM r
#of low-cost professional service hours provided 250 Internal CRM c
Other Race/Ethnicity demographics as requested by city TBD
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5.B.c
Exhibit A
Targeted Business Services in the City of Kent and Market ReadyI�T (L
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Business Impact NW Scope of Work Proposal—March 31,2023 Q
Project Name: SMALL BUSINESS FINANCIAL EMPOWERMENT LO
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City of Kent—Targeted Business Services in the City of Kent and Market Ready
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Project Background:
The City of Kent is a unique and diverse economic area in South King County that is well known for its growing warehouse district,aerospace industry,and D
manufacturing. Kent is less known for its thousands of small,diverse businesses.Still,these businesses are an important part of Kent's economic engine and
add to the city's vibrancy and livability.The needs of small business owners are often unique and different from their large industry company counterparts.The
City of Kent is looking to ensure that these small businesses have the business service support they need to succeed.To this end,the City's Economic
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Development team and the non-profit Kent Chamber of Commerce are looking at additional ways to leverage regional business resources to support these Y
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small business owners in their growing city. Business Impact NW is a regional non-profit already providing free and low-cost direct client business services and
lending to businesses throughout the region. Business Impact NW is excited to partner with the City of Kent to expand its outreach and delivery of services in
the City of Kent. coo
Project Purpose:
The purpose of this project is to provide tailored technical assistance programming to City of Kent businesses in order to meet their needs.Through this project
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and systemic barriers, and create a support system for small business development. w
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Qualifications:
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• Business Impact NW has been providing technical assistance for underserved entrepreneurs and small business owners for over 25 years with
demonstrated success.Since 1997 our technical assistance department has served 19,940 clients, helped launch 1,390 new businesses, and created or
retained 17,257 jobs. 0,
• Business Impact NW has provided several different business accelerators and incubators. In 2022 alone,we launched an accelerator partnering with V
Cornerstone Construction and Emerald Cities which matched mid-sized contractors with Cornerstone and its larger subcontractor to mid-sized
projects as well as a small business digital accelerator with partnership from Amazon to prepare small businesses to maximize e-commerce and paired
the training with a market opportunity event at the end of the year. M
• We also provide ongoing accelerator cohort programs: Launch&Grow and Grow&Thrive. Launch &Grow is an eight-week cohort-based training o�
program designed to support small businesses in building a business plan, managing, marketing,and financing a business. Grow&Thrive is a twelve- CO)
week mentor program for established businesses seeking to expand and provides training on how to develop a strategic plan, how to work with };
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current financial statements,operating manuals, and marketing materials.
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5.B.c
Project Overview
Business Impact NW has identified selected current and upcoming programming it can tailor and/or expand to meet the unique needs of the City of Kent Q
businesses.This includes an exciting new program we are developing to support farmers and crafter looking to vend at farmers markets, craft fairs, and other a
regional pop-up events.The matrix and budget below represent the existing opportunities City of Kent could adopt or tailor to meet their unique needs. Q
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Each of the below activities and project also has noted the potential to add language accessibility. Business Impact NW utilizes several strategies to meet
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language accessibility needs.We currently have staff who speak Spanish, Dari, Persian,and Pashto who can deliver coaching and trainings in these languages.
We utilize an on-demand phone translation service for languages when they are not on staff or those staff members are not available.We also work with a)
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professional interpreters who can simultaneously translate presentations when we present virtually on the Zoom Platform. a
Access to Capital:
We have developed a loan product that will be made available to all graduates of multi-week training programs in this scope of work that will open up an R
unsecured loan product of up to$100,000.
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Project Matrix—Activities,Timeline,Outcomes,and Measured Impacts
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Activities/Training Timing Outcomes&Deliverables Measured Metrics&Impacts
(1) Deliver Square One—Introduction to Business 1-hour class/can The desired outcome is to introduce the #of attendees V
Impact NW any place or virtually for Kent Specific up to every other more City of Kent businesses to the #of businesses who engage y
Business Community.Offer or partner to deliver in month services available to them at Business with Business Impact NW U)
other languages. In-person or Virtual Impact NW services
(2) Delivery 1-hour training on a variety of topics, 1-hour class/can -Outreach and advertising plan. #of business owners who
including(in-person or Virtual) be up to monthly apply for the program m
• Business Model Canvas -Quality business leads into the program. +,
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(3)Special Offers to low-cost programs to Kent Ongoing—Virtual -Increase incentives and outreach to City of #of businesses who use these 0
businesses could include: Kent Business about two of one the most services r
• Content Marketing and Strategy Coaching—3 requested services Business Impact NW #of hours of professional c
Session program to help businesses implement provides. services MI
a practical and effective marketing strategy: -Businesses get tailored one-on-one advice N
Value$300,current charge$75,could waive from industry specialists. d
all costs for Kent Businesses. E
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Project name:City of Kent—Targeted Business Services in the City of Kent and Market Ready Q
BUSINESS IMPACT NW I BUSINESS CONSULTING Et TECHNICAL ASSISTANCE I CERTIFIED CDFI MICRO AND SMALL BUSINESS LOANS
Packet Pg. 41
5.B.c
• Virtual Tax and Bookkeeping Coaching with
TaxUSign.Value$250,Charge$40,Could Q
waive all charges for the City of Kent
businesses. Q
Many of our approved vendors can deliver services
in Spanish. If a approved vendors does not speakLO
clients languages we use on-demand language
interpretation to bridge the gap. (3
(4) Business Coaching Drop-in Hours—Increase from 4 hour blocks— -Increase accessibility to Kent Chamber of #of clients served a
the current once a month at Kent KCLS Once a month Commerce business members and other D
• Increase to one additional drop in a month at City of Kent businesses to in-person casual >,
Kent Chamber of Commerce Business advising
Based on staffing this is most likely done in English,
drop in that show up and request services in language Y
other can use on-demand services or reschedule with
different coach for a later appointment.
(5) Provide Scholarships to existing Launch and Grow Currently already -Increase City of Kent Business engagement #of scholarships offered to c
and Grow and Thrive 7-week Series Classes.Valued at scheduled and in longer series-based business City of Kent Businesses y
$400 each. include a development courses already offered by
• City of Kent would reimburse Business Impact combination of Business Impact NW
NW for any businesses attending either the in-person and rn
planned course throughout 2023/2024 or the virtual delivery -Businesses increase their knowledge and N
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rant period. Business Impact NW would not skills in running an effective business.
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7-week series are delivered in English. We have worked m
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(6)Work with the City of Kent and Kent Valley partners -Schedule would -Increase City of Kent Business engagement #of cohort participants o
to run a unique Launch&Grow or Grow&Thrive be determined in longer series-based business #Increased revenues
cohort for City of Kent Businesses interested in taking development courses already offered by #jobs created and/or V
their food based businesses to the next level. Business Impact NW retained 0
Kent Valley is home to a large and diverse food industry -Businesses increase their knowledge and c i
and this program will tap into that ecosystem to skills in running an effective business. o�
support this program. M
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BUSINESS IMPACT NW I BUSINESS CONSULTING &t TECHNICAL ASSISTANCE I CERTIFIED CDFI MICRO AND SMALL BUSINESS LOANS
Packet Pg. 42
5.B.c
7-week series are delivered in English. We have worked
with business owners in the past to accommodate Q
language needs on a individually request bases.
(7) Market Ready Accelerator—Business Impact NW is First Cohort is -Targeted support for Food and Craft #of Accelerator participants Q
developing a Market Ready program that will be a 5- Scheduled to businesses in Kent who may be interested #of professional service
week curriculum delivered virtually with the goal of recruit in 2-3 or already sell at Farmer's Markets or other awardsLO
helping businesses effectively vend at Farmer's Weeks with a area popups #Increased revenues
Markets, Pop-up Season Events, and other long or Start date Mid- aD
short-term Temporary markets.The program is April. -Businesses will increase effective vending a
targeted at craft and food businesses, but any business at market-like events D
interested in pop-up events is eligible. At the end of
the 4-week curriculum, businesses who attend all R
sessions will be eligible for$500 Profession Service
stipend with a Business Impact NW approved vendor aD
and to be determined cash award.We propose we Y
work together to increase the effectiveness of this
program in the following ways.
The City of Kent to supplement or increase the
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Professional Service or Cash Award to aD
businesses in Kent.
- City of Kent and partners work with Business (D
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Farmers Market Organizers in Kent aD
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of this program,and it can be recognized as a pip
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(8)Strategic Long-Term Partnership Work—Business Ongoing -Create equitable access to small and mid- #of partner meetings M
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valley to advance the food systems work needed to MI
support socially and economically disadvantaged N
business owners running small mid-size food
businesses.These business owners were E
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Project name:City of Kent—Targeted Business Services in the City of Kent and Market Ready Q
BUSINESS IMPACT NW I BUSINESS CONSULTING Et TECHNICAL ASSISTANCE I CERTIFIED CDFI MICRO AND SMALL BUSINESS LOANS
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5.B.c
disproportionately impacted by Covid-19 and
development of infrastructure to support these Q
businesses owners in the valley is key to their ability to
be successful in the industry. Q
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(9)Work with Kent Business Partners-Business Impact Ongoing - Increase targeted outreach through #MOU or signed contractsLO
NW will engage ecosystem partners to ensure partner organizations with partners to support the
programing is well supported, meets community needs, work of this program.
and utilizes existing work.These partners could include a
Living Well Kent, Kent Chamber of Commerce,SBDC @
Green River, Highlight College, Impact NW, Food >,
Innovation Network,and other partners in the
ecosystem.
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Reported Metric or Impact TBD-It will Depend on System of tracking
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#of unique City of Kent clients served by the program Internal CRM and intake application/registration (D
#of jobs retained and/or created by clients served Internal CRM and follow-up client surveys (n
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•of BIPOC self-identified Clients Internal CRM and intake application/registration
#of direct one-on-one client hours provided to City of Kent clients Internal CRM
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#of low-cost professional service hours provided Internal CRM
Other Race/Ethnicity demographics as requested by city Internal CRM
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Packet Pg. 44
5.0
ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5454
DATE: May 8, 2023
TO: Economic and Community Development Committee
SUBJECT: Accessory Dwelling Unit Ordinance - Adopt
MOTION: I move that City Council adopt an ordinance amending the City's
accessory dwelling unit regulations and related code provisions, as proposed by
staff.
SUMMARY: Staff presented the draft ordinance on April 24, 2023, at a Land Use
and Planning Board public hearing. LUPB recommended City Council adopt the
proposed ordinance.
BACKGROUND:
On June 1, 2021, City Council adopted the Kent Housing Options Plan (KHOP),
which included data, engagement, strategies, and policies to address housing needs
in Kent. Accessory Dwelling Units (ADUs) were included in KHOP as one housing
option to help meet the needs of current and future residents.
An ADU is an additional (accessory) dwelling unit on the same lot as a detached
single-family residence that provides basic living, sleeping, eating, cooking, and
sanitation requirements. It can be attached or detached from the primary
residence. ADUs are sometimes called "in-law" units, casitas, or backyard cottages.
Kent has allowed attached and detached accessory dwelling units since 1995.
However, less than 30 ADUs have been permitted since 2010. Following adoption of
KHOP, staff applied for and received a Housing Action Plan Implementation Grant
from the Department of Commerce for $80,000 to fund an update to ADU
development standards before June 15, 2023.
ADU CODE UPDATE PROCESS:
Outreach for this project was conducted in two phases. Phase I - background
research occurred during fall of 2022. It included interviews with residents and
professionals who have built or attempted to build ADUs in Kent. It was followed by
a staff workshop to discuss current processes, identify known barriers to ADU
construction, and identify implementation concerns for potential changes.
Phase II was a survey to further refine development standards to reduce barriers to
ADU construction based on feedback collected during creation of the Kent Housing
Packet Pg. 45
5.0
Options Plan and Phase I outreach. Surveys were available online and in paper
format in English and Spanish. 305 participants completed the survey from
February 24 to April 3, 2023. Staff attended in-person events (such as the Kent
Downtown Partnership Nerd Party), set up a table at Kent Commons and the Senior
Center, and provided flyers to the YMCA and other organizations. Staff also
attended existing community meetings. In addition, information about the project
and survey was distributed via social media ad buys, the Mayor's weekly
newsletter, postcards to a random sample of 500 households, and email blasts.
Over 300 survey responses were received. Overall, survey findings highlighted an
openness to change many existing policies related to ADUs.
A summary of the community engagement efforts and findings is attached.
SUMMARY OF PROPOSED CHANGES:
The attached draft ordinance includes the following proposed changes:
1. KCC 7.02.050: Water meters.
• Adding flexibility to allow ADUs to be served by the same water meter
and requiring a notice on title for future condo conversions.
2. 7.04.220: Sewer
• Minor changes to service charge table for multiple ADUs.
3. KCC 12.14.070: Impact fees - Parks.
• Codifying that the first ADU is considered part of the primary home's
impact fees, and the second shall be charged 50% of the single-family
impact fee rate.
4. KCC 12.16.090: Impact fees - Transportation.
• Codifying that the first ADU is considered part of the primary home's
impact fees, and the second shall be charged 50% of the single-family
impact fee rate.
5. KCC 15.02.005: Definitions - Accessory Structure.
• Removing ADU from accessory structure definition so that each section
can stand alone.
6. KCC 15.02.114: Definitions - Duplex.
• Clarifying ADUs are not duplexes under land use code for purposes of
density and development regulations.
7. KCC 15.04.030.10: Cleanup
• Removing reference to no longer relevant code section and clarifying
residential design review.
Packet Pg. 46
5.0
8. KCC 15.05.040: Parking.
• Adding 1/4 mile distance from major transit exception to ADU parking
and adding context to when the planning director can waive parking.
9. KCC 15.08.160: Cleanup.
• Removing ADU from the accessory building section in favor of having
all the ADU regulations in one place.
10.KCC 15.08.250: ADU regulations
• Two ADUs per lot
• Allowance of up to 1,000 SF per ADU
• Configurations allowed for ADUs
• Locational criteria on the lot
• Height limit of 24' and exceptions
• Design and prohibited materials
• Gross floor area calculations and exceptions
• Cross reference to parking requirements
• Applicable development standards outside of this chapter
• Removal of owner occupancy requirements
• Permitting requirements
• Separate homeownership via condominium allowance
• Allowance of deviations for existing structures
• Deviation request criteria
EXHIBITS:
1. Summary of Public Engagement
2. ADU Ordinance
BUDGET IMPACT: None. A Department of Commerce grant is funding the
development regulations update and ordinance adoption. Implementation of
development regulations are part of Economic and Community Development's
regular work plan.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
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5.0
ATTACHMENTS:
1. Kent Survey Summary_ April 24, 2023(PDF)
2. ADU 2023 Code Amendments - Ordinance_ May 8 2023 ECDC Law Review
(PDF)
04/24/23 Land Use and Planning Board RECOMMENDED TO
COUNCIL
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5.C.a
Kent ADU Community Engagement
Summary
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City of Kent ADU Code Update April 2023 Q
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Contents D
Introduction ........................................................................................................................................... 1 3
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Key Takeaways.....................................................................................................................................2
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Phase One: Interviews & Staff Workshop........................................................................................................2 M
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Phase Two: Community Survey 2 Q
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Phase One: Interviews & Staff Workshop4 LO
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Respondent Demographics................................................................................................................................13 Q-
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Introduction
This Community Engagement Summary provides an overview of the work completed by the ADU project
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team (Kent staff, BERK, and CAST Architecture) to inform updates to the ADU code. Engaging the 0
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community is crucial to any planning process, particularly for a topic as personal as housing. It was
essential that Kent residents' perspectives were sought, heard, and integrated into the policy direction for
the City. In order to effectively reduce barriers, the project team listened to issues through the lens of the
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public, residents, and professionals who have attempted to build ADUs. Q
Outreach for this project was conducted in two phases. The first phase consisted of research into the
existing landscape of ADUs in Kent, including interviews with individuals who have attempted or
successfully complete ADU construction in the city. Phase two was a community survey to test concepts for
proposed changes to reduce barriers in existing code language. These survey findings build upon
information gathered during the robust engagement process that informed the Kent Housing Options Plan
creation in 2020 and 2021.
Packet Pg. 49
5.C.a
Key Takeaways
Engagement for this project included targeted interviews with homeowners who have built ADUs, a staff
workshop at the City of Kent, and a community survey. This engagement highlighted openness to
change in many existing policies related to ADUs. A summary of findings from these engagement
efforts identifies particular areas for consideration for decreasing barriers to the construction of ADUs in
Kent.
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Phase One: Interviews & Staff Workshop Q
Interviews with six people identified existing barriers that could be removed to encourage more ADU
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construction in Kent. Takeaways from these conversations include: �a
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■ Code language related to fire separation was a barrier identified in multiple interviews.
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■ Extensive requirements and conflicting codes could be frustrating.
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■ Parking requirements are cost-prohibitive or impossible to comply with, eliminating the potential to
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construct an ADU. 0
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A two-hour workshop was held with Kent staff actively involved in permitting and construction. This
discussion focused on identifying elements of the code that create barriers to constructing and permitting Q
ADUs. Takeaways from this discussion include:
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subordinate to a single-family home. N
• Staff agreed that changes to design standards should allow for more flexibility with alternate unit N
types. Design standards included height, size allowances, materials, and roof pitch guidance. 0.
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■ Parking restrictions could better adapt to the nuance of project location and details. Limiting
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A community survey related to ADUs in Kent received 307 responses. Respondents were predominantly E
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single-family homeowners who live in Kent. They represent a range of age groups, primarily ages 25
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and older. Those identifying as White are overrepresented in survey responses (68% of respondents Q
versus 37% of the overall population), while Asian, Hispanic, and Black residents are underrepresented
(22% of survey respondents versus 52% of the total population).'
Total population estimates based on 2020 Census results,Table P2,for the City of Kent
Packet Pg. 50
5.C.a
• 56% of respondents are neutral or support allowing ADU residents to use street parking to make
it easier for homeowners to add ADUs to their property.
• 57% of respondents support or are neutral toward removing the existing height limits for
detached ADUs to allow ADUs taller than the primary home.
• 60% of respondents are neutral or support allowing homeowners to build two ADUs on a single
property (one attached and one detached).
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■ When asked about maximum square feet for ADU units, 50% of respondents support up to 800 SF, 0
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5.C.a
Phase One: Interviews & Staff Workshop
The first phase of engagement for this project included interviews with residents and professionals who
have built or attempted to build ADUs in Kent, followed by a staff workshop to discuss current processes,
identify known barriers to ADU production, and identify implementation concerns for various potential
changes.
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Interviews
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The City of Kent records identify 33 existing ADUs in the community. These include garage conversions or
additions (18), units attached to the main home (8), basement conversions (4), and separate backyard
units (3). Permits for these units date from 2003-2022. There are an additional 17 homeowners who
started the permit process for an ADU but ultimately did not complete the build. These 50 addresses p
were the pool of potential interviewees contacted for feedback on their experiences and ideas for
process improvements to encourage more ADU construction in Kent. Ultimately, five interviews were held: M
M
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1 . One homeowner who has been unable to complete their ADU build successfully E
3
2. One homeowner/architect pair who was finishing an ADU build
3. One homeowner with an existing converted basement unit with the desire to build an attic unit in a N
new home
Q
4. One homeowner with a mother-in-law suite-style ADU
M
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5. Habitat for Humanity staff who work in Kent and surrounding communities M
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These interviews occurred in the fall of 2022 (September — December). Questions identified project N
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length and costs, motivation for building an ADU, barriers encountered during the permitting and building N
process, and ideas for improving existing code. `*4
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Key takeaways include: Q
■ Requirements for fire separation and confusion between an ADU vs. duplex was a barrier
identified in multiple interviews. Suggestions for improvement highlight the desire for clearer E
E
guidelines and better/faster communication from the City. In one case of incomplete ADU plans, the
homeowner desires to structure their house as a caregiver to adult disabled children. Still, the cost
and complexity of required fire separation have made the project infeasible. it
• The owner occupancy restriction was identified as barriers that should be considered for
removal. These restrictions were called out as unresponsive to the various life circumstances that Y
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might surface for a homeowner. Specific examples cited: owning a home with a basement ADU but
moving out due to divorce; being unable to rent the ADU while downsizing to move into a retirement
home; wanting to incorporate an attic unit for a caregiver; and as a detached unit for family visitors.
Q
■ Extensive requirements and conflicting codes could be frustrating. There are inconsistencies
between building and zoning code. For example, a plans examiner might comment on improving the
construction of an ADU, but then their recommendations might conflict with zoning code language.
This added time, back-and-forth, and frustration to the building process.
Packet Pg. 52
5.C.a
■ Parking requirements are cost-prohibitive or impossible to comply with, eliminating the potential to
construct an ADU. While ADU residents may desire parking spaces, the cost of adding them to meet
code requirements often kills the ADU project. Additionally, since Kent does not count garages
towards parking requirements, there is often insufficient space on lots to add additional parking and
comply with all other requirements (such as stormwater, impervious area, etc.).
Staff Workshop
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In October 2022, a staff workshop was held to establish a shared understanding of the ADU project and 0
to discuss code elements that may create barriers to constructing and permitting ADUs in Kent. Nine staff Q
members attended, representing various aspects of permitting and construction review process. coi
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The two-hour workshop was preceded by a survey to identify areas where staff were in alignment and =
topics with identified concerns to help focus the conversation. The topics raised at this workshop included 0
clarifying definitions for various structure types, impact fees, the design review process, zoning code
language for site planning, policy restrictions such as owner-occupancy and multiple ADUs on a property, M
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parking, and how tiny homes are considered in the ADU code.
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Key takeaways from this group discussion include: o
■ There was a consensus that impact fees should be further reviewed. Staff pointed out the o
imbalance that a large single-family home addition does not increase impact fees, while an ADU N
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addition to a small home adds a high level of fees. Considerations for any needed fee backfills and Q
conversations with partners were identified as the next steps. LO
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■ Staff agreed that changes to design standards should allow for more flexibility with alternate
unit types. This includes height, size allowances, materials, and roof pitch guidance. Kent City Code N
has the same requirements for ADUs and accessory structures, which results in problems. Staff agreed N
it is important to distinguish between ADUs and accessory structures. There was a desire to clarify C*4
differences between safety standards and aesthetic-oriented language, with more flexibility to Q
reduce aesthetic design barriers. Q
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■ Zoning code language for site design could be carefully revisited. Curb cuts, subordinate entrance
requirements, lot placement guidelines, and setback standards were all discussed as potential areas E
for changes. A look at code requirements from peer communities was desired to help this process. y
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• The owner-occupancy restriction is too difficult to enforce. If it is removed, staff recommend 3
identifying a process to remove existing covenants on previously approved ADUs. Other restrictions,
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such as only one ADU per property, may require more research to galvanize public support for Y
change.
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• Parking restrictions could better adapt to the nuance of project location and details. Due to
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existing state law, projects within 114 mile of transit are not allowed to require parking for ADUs. As CU
previously mentioned, Kent does not allow a garage to count as parking, which is a unique Q
requirement that surrounding cities do not have. Additional considerations related to parking include
differences for properties with multiple ADUs, allowing garages to count toward parking totals, and
a desire to compare Kent's policies with neighboring communities.
Packet Pg. 53
5.C.a
Phase Two: Community Survey
The City of Kent conducted a survey to gather feedback from the community about a suite of code
revisions affecting the siting, construction, and permitting of Accessory Dwelling Units (ADUs). Surveys
were available online and in paper format in English and Spanish. Three hundred seven (307)
participants completed the survey from February 24 to April 3, 2023. The promotional methods for the
survey included: a
0
■ The Downtown Kent Nerd Party, Q
■ Postcard mailer,
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• Social media ad buys,
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■ Tabling at the Kent Commons and Kent Senior Center,
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■ Listsery emails and strategic outreach to local community organizations,
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■ Previous ADU permit applicants and all persons who sent emails about ADUs to the planning inbox
within the past year, and
■ In-person outreach with the Hispanic Advisory Team. 0
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Education on what an Accessory Dwelling Unit (ADU) is and how they can be used was integral to success
during outreach events. Staff discovered many misconceptions about ADUs in the community, what they Q
are used for, and how they impact the community.
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Location of Respondents N
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96% of respondents are based in Kent, across the four zip codes of the City. "Other" responses include N
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areas in Auburn, Seattle, Spanaway, Renton, and Lacey. 04
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Survey Question 1: What Is Your Zip Code? (306 responses) Q-
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Other,
495 --qqq9WE
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' • : 1 � Kent + 3
-- 980 1 U)
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Source: BERK, 2023
Packet Pg. 54
5.C.a
Current Residence Type for Respondents
The majority of respondents (84%) reported living in a single-family home. In Kent, only 51% of housing
units are single-family.' Given these figures, multifamily dwellers are underrepresented in this pool of
respondents.
Survey Question 2: What Type of Housing Do You Live In? (306 responses)
Housing Type Count % Total
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Single Family Home 257 84% Q
Apartment22..........................................................__7% c......... ......... ......... ...................................................
Townhome 8 3%
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Mobile or Manufactured Home 7 2% O
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Duplex or Multiplex 6 2% a�
......... ......... ......... ......... ......... .....................................................
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Other 4 1% =y
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Accessory Dwelling Unit (ADU) 3 1%
Source: BERK, 2023 (n
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Housing Tenure of Respondents Q
Respondents were asked about their housing situation; 269 (88%) reported owning their home, while 33 M
said they rented. City-wide, only 56% of households are owner-occupied.3 Three respondents reported
not having housing currently, and two reported "Other" as their housing status. N
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Off-Street Parking
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Parking was one of the most compelling issues to address with the survey, as during phase one outreach, L
Q.
we heard that the requirement for extra parking could be a limiting factor to the completion of an ADU Q
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project. The City has enforced a Director's Interpretation that garages cannot count towards parking
spaces. Research indicated that this is a unique requirement in Kent, and no other cities in the region have E
this same standard. To determine whether the parking requirements were truly a barrier, CAST y
Architecture analyzed multiple neighborhoods, revealing that under the city's current parking regulations,
95% of single-family properties would be unable to build an ADU if required to provide one additional 3
parking space. U)
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Aside from addressing the garageinconsistency, it was also important to ask residents about on-street Y
parking as a viable option due to potential changes in the state legislature and sites that would still have
difficulty meeting the parking requirement due to lack of onsite space. Respondents were asked whether E
they would support allowing residents who build an ADU on their property to use street parking. On a
scale of one to five (with five indicating strong support to allow on-street parking), the average (mean) Q
response score was 3.0.
2 ACS 5-year Estimates,Table DP04, 2021
3 ACS 5-year Estimates,Table DP04, 2021
Packet Pg. 55
5.C.a
Survey Question 4: Kent requires homeowners who build an ADU to include one additional off-street
parking space for every ADU constructed. Many residents have told us they do not have the space on
their property to fit an additional parking space. Would you support allowing ADU residents to use
street parking to make it easier for homeowners to add ADUs to their property? (306 responses)
Strongly Oppose
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Somewhat Oppose Q
Average response 1-5
(5 is strongly support): 3.0
Neutral
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Somewhat Support
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Strongly Support
3
0
0
Source: BERK, 2023
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5.C.a
Policy Questions
Structure Height
Kent's current regulations prohibit any accessory structure from being taller than the main home,
which can be problematic for single-story homes and older ramblers with an overall shorter roof pitch.
The survey asked respondents whether they would support removing the existing height limits for
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detached ADUs in Kent up to two stories. c
On a scale of one to five (with five indicating strong support to remove existing heigh limits), the average Q
(mean) response score was 3.1 .
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Survey Question 5: Kent's regulations prevent property owners from building detached ADUs taller than 0
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the main house on the property. This means that ADUs that share a site with one of Kent's many single-
story homes could not be taller than one story. Would you support removing the existing height limits for CD
detached ADUs to allow ADUs taller than the main home (up to two stories)? (306 responses)
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Strongly Oppose o
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Somewhat Oppose i Q
Average response 1-5 M
Neutral (5 is strongly support): 3.1
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Somewhat Support N
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Strongly Support
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Source: BERK, 2023 y
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Multiple ADUs per Lot 3
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Kent City Council and Land Use Planning Board supported the allowance of two ADUs per lot, but
stipulated that should apply to large lots. Respondents were asked whether they supported potential Y
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state legislation which would allow homeowners to build two additional dwelling units (ADUs) on their
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property, one attached and one detached, as opposed to Kent's current regulation that only permits one E
ADU. On a scale of one to five (with five indicating strong support to allow two ADUs per lot), the CU
average (mean) response score was 3.1. Q
Packet Pg. 57
5.C.a
Survey Question 6: Kent only allows homeowners to construct one ADU on their lot, regardless of whether
it is attached to or detached from the primary home. There is potential state legislation that will require
Kent to allow homeowners to build two ADUs on their property. Would you support allowing homeowners
to build TWO (2) ADUs on a single property (one attached and one detached)? (303 responses)
Strongly Oppose i
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Somewhat Oppose i Q
Average response 1-5
(5 is strongly support): 3.1
Neutral
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Strongly Support
3
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Source: BERK, 2023
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Size of ADUs in Square Feet Q
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Respondents were asked about their support for changing the maximum size allowed for accessory ,M
dwelling units (ADUs). Kent's current regulations limit the size of an ADU contained within or attached to
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an existing single-family dwelling to no more than one-third the size of the main house on the property. c
The size of a detached ADU, for either new construction or an existing home, shall be up to 800 square N
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feet or 33 percent of the size of the principal unit, whichever is smaller. For this question, respondents N
could choose multiple options for the provided size ranges. a
Survey Question 7: Kent's regulations limit the size of ADUs (in square feet) to no more than one-third the �+
size of the main house on the property. Homeowners have told us this can be so restrictive that building E
an ADU is not worth it in many cases. What size ADU would you support allowing? Choose as many as
apply. (296 responses) Cl),
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I support allowing 1- 1 support allowing 2- 1 support allowing I do not know or am
bedroom ADUs(600- bedroom ADUs(800- family-sized 3- unsure
800 sf,or square feet). 1,200 sf). bedroom ADUs(1,200-
1,500 sf).
Source: BERK, 2023
Packet Pg. 58
5.C.a
Desired Resources
While most of the questions were geared toward development regulations, collecting feedback on items
the city could pursue for implementation or future efforts after code updates were adopted was
important. Respondents were asked which resources from the city would be helpful if they were deciding
whether to build an additional dwelling unit (ADU) on their property. This helps City staff prioritize
implementation efforts. The majority of respondents, 85%, said documents that clearly explain the
process for permitting and building an ADU would be helpful. The second most popular resource was a
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pre-approved ADU design, which would reduce architecture costs and expedite permitting (79% o
support). Just over 10% of respondents chose "Other" as a potentially helpful resource. Themes of `other' Q
responses range from more timely communication from city staff, assistance with utility hookups, and
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preapproved ADU plans. a
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Survey Question 8: Which of the following resources from the City of Kent would be helpful if you were
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deciding whether to build an ADU? M
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Resources that would help build an ADU Count % Total
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Documents that clearly explain the process for permitting and building an ADU 241 85%
......................................................................................................................................................................................................................................................................................................................................................................................................... ....................................................._.................................................. o
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A preapproved ADU design to reduce architecture costs and expedite permitting 224 79% M
......... ................................._.......
A handout with estimates of potential fees and timelines 209 74% Q
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Technical assistance from city staff (for example,to create a site plan and permit 197 69% �
materials)
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A list of companies that have prefabricated and modular (ready-to-place) ADUs 176 62% o
....................................... ......... ____........................................................................................................................................................................._......................................................_......................... N
Other 32 11% N
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Source: BERK, 2023 Q
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5.C.a
Garage Conversion for Survey Respondents
Respondents were asked whether they would consider converting their garage into an additional
dwelling unit (ADU). This question was of particular interest to the project team, since a majority of the
permitted ADUs over the past twenty years have been garage conversions. Additionally, garage
conversions are the most cost-effective option for creating an ADU.
Survey Question 9: Would you consider converting your garage into an ADU? (302 responses)
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1% Q
already have
converted my garage
to an ADU
F Unsure L
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Maybe
No
23%41
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Source: BERK, 2023 LO
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Imagined uses for ADUs .9
The last question asked respondents to imagine they have an ADU tomorrow so that staff could determine Q
what these would most likely be used for. Given the feedback received at in-person events, it was clear
to staff it was assumed ADUs would be a major impact on their neighborhoods. To accurately respond to
these concerns, staff needed to know what most people would use these for. Respondents were asked E
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what they would use an additional dwelling unit (ADU) for if they had access to one tomorrow. Over half i)
of respondents indicated they would use the ADU as a residence for a family member- either for parents 4)
or their adult children. 44% of respondents indicated that they would use the ADU as a rental unit for 3
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additional income, especially to help offset increased costs of housing and property taxes. 11% of
respondents reported using the ADU for "Other" purposes, including situations for home caregivers and Y
renting at a discount to friends.
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Packet Pg. 60
5.C.a
Survey Question 10: If you had access to an ADU tomorrow, what would you use it for? Select all that
apply. (300 responses)
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Rental unit for Residence for Office or other Residence for I would move Other
additional aging family bonus/storage adult children into the ADU
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income member(s) space and rent out D
my primary a)
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residence =
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Source: BERK, 2023
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Respondent Demographics
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Understanding the demographic profile of respondents helps the City understand who is paying attention Q
to the issue of ADUs in Kent, whom they are effectively reaching with implemented outreach efforts, and M
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which groups may need to be a focus for additional project engagement to ensure community-wide
education and communication related to the project. N
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N
Age .9
N
Survey respondents were fairly balanced across age groups of 25 and older. Compared to citywide Q
population cohorts, residents 55 and over were proportionally much more likely to participate in the Q
survey.
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5.C.a
Survey Question 13: How Old Are You? (297 responses)
OverallAge Survey Respondents Kent Population
Prefer not to answer 3%
............................................................................................................................................_.......................................................................................................................................................................................................................................................................................
Under 18 years old 0% 27%
18 to 24 years old 2% 7% a
............................................._I...
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25 to 34 years old 1 1% 17% Q
....................... .... .................................................................................................................................................................................................................................................. m
35 to 44 years old 22% 14%
................................................................................................................................................................................................................................................................................................................................................................................................................................ C
45 to 54 years old 19% 12% 0
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55 to 64 years old 20% 12%
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65 years or older 22% 1 1%
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Note: ACS age cohorts break at age 19 rather than 18.As a result, the above percentages for the`under 78' group will also
include those aged 19 for the Overall Population estimate. i
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Source: ACS 5-year Estimates, Table SO101, 2027; BERK, 2023 N
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Gender Identity Q
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Respondents were asked to indicate their gender identity. Ul)
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■ 44% of respondents identified as male
N
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• 50% identified as female N
■ Two respondents (1%) identified as non-binary N
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Q.
■ One respondent identified as transgender. Q
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■ None of the respondents chose to self-identify
■ 14 respondents preferred not to answer the question. fn
Employment it
Respondents were asked to indicate their employment status. 64% are actively working and 24% are
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retired. Y
■ 37% of respondents work outside of Kent C
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■ 27% work in Kent
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■ 24% are retired Q
• 5% are not currently employed
• No students
• 7% `other.'
Packet Pg. 62
5.C.a
Household Income
Respondents were asked about their household income, which refers to the total income for all people
they live with. 47% of respondents report household incomes over $100,000. Citywide, 40% of Kent's
population makes incomes over $100,000.4 This indicates a higher income skew for respondents to this
survey.
Survey Question 16: What is your household income (the total income for all people you live with)? (290
responses) a
0
160 Q
140
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120
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100 O
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80 D
50 `
40 p
20 0
0 � N
Less than $25,000- $75,000- Over$100,000 Prefer not to
a
$25,000 $74,999 $99,999 anwser M
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Source: BERK, 2023
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Race and Ethnicity N
.9
When asked about race or ethnic identity, 68% of respondents selected 'White.' This compares to the N
Kent-wide 37% White population, demonstrating an overrepresentation of White respondents. American Q
Indian/Alaska Native and Native Hawaiian/Pacific Islander respondents roughly track with their citywide
proportions. All other identified groups (Asian, Hispanic, and Black) appear underrepresented in this ca
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survey. E
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4 ACS 5-year Estimates, Table S1901, 2027; BERK, 2023
Packet Pg. 63
5.C.a
Survey Question 17: What is your race or ethnicity? (289 responses)
Race or Ethnicity Survey Respondents Kent Population
White (of European ancestry) 68% 37%
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Asian 10% 23% o
Hispanic, Latina/Latino/Latinx ethnicity 6% 16%
...................................................................................................................................................................................................................._......................................................................................................
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Self-identify 6%
......... ......... ......... ......................................_.....................................................................................................................
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Black or African American 5% 12% O
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American Indian or Alaska Native 2% 0.5% M
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Native Hawaiian or other Pacific Islander 2% 3% z
3
Sources: 2020 Census Table P2; BERK, 202.
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Language vi
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Respondents were asked to indicate the primary language spoken in their homes. The majority of Q
respondents indicated that English is the primary language spoken in their homes. Four responded in
Spanish, four respondents reported Vietnamese as their primary language, and two reported Punjabi. M
One respondent reported that Korean and Mandarin/Cantonese were the primary languages spoken in M
their home. o
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Disability N
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Respondents were asked about their disability status. Out of the total sample, 28% report having one or Q
more disabilities. Among these, 33 respondents reported a physical disability, 12 reported a mental L
disability, and 9 reported hearing and visual disabilities. Six respondents reported having an emotional E
disability, and four reported a cognitive disability. Additionally, there were nine `other' responses. E
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5.C.b
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O
ORDINANCE NO,
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AN ORDINANCE of the City Council of the c
City of Kent, Washington, relating to the regulation
of accessory dwelling units, amending sections,
7.02.050, 7.04.220, 12.14.070, 12.16.090, Q
15.02.005, 15MA14, 15.04.030.10, 15.05.040, M
15.08.160 of the Kent City Code, and repealing and M
replacing in its entirety Section 15.08.350 of the 3
Kent City Code. 0
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3
J
RECITALS
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A. The City has adopted plans, policies, regulations, and programs N
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to increase housing supply and support housing choices. N
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B. In 2015, the City adopted the Kent Comprehensive Plan, which
includes a housing element with a purpose of"encouraging diverse housing ail
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opportunities that are affordable to all income levels and household needs."
C. The City finds that there is a need for housing units that are o
safe and affordable across all income levels, and provide additional entry
level home ownership options; and E
D. The City recognizes the need to encourage the development of
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accessory dwelling units (ADUs) as an additional strategy to address its Q
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housing needs. 0
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N
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N
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
Re: Accessory Dwelling Units (ADU)
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Packet Pg. 65
5.C.b
0.
E. On November 21, 1995, the City adopted Ordinance 3251, a
permitting ADUs in compliance with the 1993 Washington Housing Policy
Act, with the goals to increase the supply of affordable rental units through
better use of the existing housing stock; to make home ownership more o
affordable; and to increase housing options for older adults, single parent
families, and adults with disabilities.
F. Since 2000, less than 30 ADUs have been built within the City. 3
0
G. On June 1, 2021, the City adopted the Kent Housing Options
0
Plan (KHOP), establishing a comprehensive list of actions the City can take
to achieve better housing outcomes, increase housing supply, and diversify a
housing stock. M
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H. Community input received during the creation of KHOP
demonstrated a willingness from the public to incorporate the development 3
of additional ADUs as a method to gradually increase density in single-family
3
neighborhoods. _J
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I. KHOP identifies removing barriers to ADU construction as a
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near-term, high priority action item consistent with the Cities housing policy N
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goals to increase entry level homeownership opportunities. N
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J. In 2022, the City applied for and received a Department of
Commerce Housing Action Plan Implementation (HAPI) grant to create a
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naturally occurring affordable housing dashboard and update development
regulations for ADUs. o
K. Feedback from the public for increasing the development of r
ADUs has demonstrated a need for the City to reduce financial and E
regulatory barriers in order to encourage additional ADU construction.
E
L. The ADU code update project included a robust public a
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engagement and research process, including an evaluation of best practices; 0
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N
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N
2 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
Re: Accessory Dwelling Units (ADU) M
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Packet Pg. 66
5.C.b
0.
comparison with neighboring jurisdictions; interviews with parties who have a
built or want to build ADUs; and online and in person public engagement.
M. The City has identified the need for amendments to its
development regulations to provide clarity, remove barriers, improve o
implementation of established policies, and create consistency with state
laws.
N. On April 10, 2023, the Land Use and Planning Board held a 3
0
regular meeting to discuss amendments to the City's ADU regulations.
0
O. On April 10, 2023, staff presented proposed amendments to
the City's ADU regulations to the Economic and Community Development a
Committee. M
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P. On April 21, 2023, the City's SEPA Responsible Official issued
a Determination of Nonsignificance for these 2023 Accessory Dwelling Unit 3
Ordinance Update (ENV-2023-7/ RPSA-2230850) pursuant to RCW 43.21C
3
and WAC 197-11; and -J
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Q. On April 24, 2023, a request for expedited review was sent to 0
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the Washington State Department of Commerce, which acknowledged that N
0
the request was received on April 24. 2023. On April or May XX, 2023, the N
00
City was granted expedited review and was informed that it had met the
Growth Management Act notice requirements under RCW 36. 70A.106; ail
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Commerce provided no comments on the proposal.
R. On April 24, 2023, after appropriate public notice, the Land Use o
and Planning Board held a public hearing to consider the proposed code
amendments. All public comments received were in support of adopting the E
proposed amendments. The Land Use and Planning Board recommended
E
adoption of the proposed amendments, as presented by staff, to the City a
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Council. 0
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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S. On May 8, 2023, the Economic and Community Development a
Committee considered the recommendation of the Land Use and Planning
Board and made a recommendation to adopt the proposed ordinance to the
full City Council. o
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE
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SECTION 1. - Amendment - KCC 7.02.050. Section 7.02.050 of the
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Kent City Code, entitled "Separate meters required - Exceptions" is
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amended as follows: M
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Sec. 7.02.050. Separate meters required - Exceptions. Except
as provided in this chapter, each separate building occupied as a dwelling or
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as a place of business must have a separate water service and water meter. L)
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Where the applicant desires to have two or more service pipes on the same w
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premises, die they shall so state in his--their application for a water N
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connection, and separate service pipes shall be run with individual stop
cocks to each water meter. Each mobile home park and each condominium �l
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may be served by one water meter. Accessory dwelling units may be served
by the same water service and water meter as the principal dwelling unit.
No permit will be issued for an accessory dwelling unit served by a shared
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water meter until the owner records a notice evidencing the shared meter
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against the property with the King County recorder's office, at the owner's
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expense, in a form acceptable to the city attorney. An accessory dwelling E
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unit served by the same water service and water meter as the principal o
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dwelling unit is subject to KCC 7.01.020 and 7.01.030. The city council may Cl)
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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enter into agreements with commercial and industrial users to allow more a
than one building to be served by a single meter.
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SECTION 2. - Amendment - KCC 7.04.220. Section KCC 7.04.220 of o
the Kent City Code, entitled "Schedule of charges for service" is amended
as follows:
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Sec. 7.04.220. Schedule of charges for service. King County
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imposes a sanitary sewer service charge for regional sewage treatment.
These charges are passed through, without increase, directly to the city a
sanitary sewer utility customers. The King County pass-through charge for M
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2017 is known and established. It is expected, however, that King County
will increase its pass-through charge over time. Accordingly, except for the 3
2017 charge, all other King County charges are estimates only. In order to W
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simplify the rate-making structure, the finance director is authorized to _J
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amend King County's pass-through charges at the time King County imposes o
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new charges. M
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Beginning January 1, 2018, and on the first day of each calendar year
thereafter, the total sewer rate will adjust by the Consumer Price Index �l
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(CPI), specifically the CPI-W Seattle-Tacoma-Bellevue, measured from June
1st through June 1st of the previous calendar year, if the CPI-W reflects an o
upward adjustment from the previous annual June to June period. For the
years 2018-2022 the adjustment will not exceed 2.4 percent of the total E
sewer rate, but after that, beginning January 1, 2023, any increase in the
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CPI will not be subject to this 2.4 percent limit. In order to simplify the rate- a
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making structure, the finance director is authorized to amend the rate each 0
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year to reflect the CPI adjustment. CV)
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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In addition, the year 2017 city rate for all types of service is subject to any
CPI or King County rate increases; for the year 2018 the city rate will
increase $1.25 in addition to any CPI or King County rate increases; and for o
the year 2019 the city rate will increase $0.50 in addition to any CPI or King
County rate increases.
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The following sanitary sewer service charges for city sanitary sewer service
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are in effect on the dates and in the amounts listed below: y
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King cM
Tot M
City Sewer County
Type of Service Sew �
Rate Sewer >
Rat
Ratet 3
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1. "Single-family dwelling," as defined in Chapter 15.02 KCC. $22.16* $44.22 $66.3t U
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2. Residential property with two or more dwelling units when each dwelling $22.16 $44.22 $66.3t N
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unit is separately metered and charged. "Dwelling unit' includes"duplex"and per unit per unit per un 00
"multifamily dwelling" as those terms are defined in Chapter 15.02 KCC.
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3. Residential property with-two or more dwelling units that are serviced by $22.16 $44.22 $66.3t
the same meter. This includes"duplex"and "accessory dwelling UPA units," per unit per unit per un 0
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but excludes"multifamily dwelling,"as those terms are defined in
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Chapter 15.02 KCC. E
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4. All other than service types 1, 2, 3, and 4 shall be billed in accordance with $8.85** per 100 cubic feet per Q
the consumption of water and at the following rate,* except that no monthly month
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bill shall be less than the single-family residential rate set forth in service type U
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No. 1. This includes a"multifamily dwelling"with "dwelling units"that are not N
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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King Q
Tot '
City Sewer County
Type of Service Sew as
Rate Sewer
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Ratet O
separately metered and charged, as those terms are defined in
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Chapter 15.02 KCC.
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t Estimated, based on adjustments issued by King County. c
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* Customers who qualify for the lifeline utility rate, set forth in KCC a
7.01.070, will receive a rate reduction of 60 percent from the city's sewer
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rate.
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** Beginning January 1, 2018, this rate will adjust annually based on the
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basic rate shown for service types 1 and 2 above, calculated on this formula:
Total Sewer Rate/7.5 = price per 100 cubic ft. per month. U
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SECTION 3. - Amendment - KCC 12.14.070. Section KCC 12.14.070 0
of the Kent City Code, entitled 'Exemptions" is amended as follows:
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Sec. 12.14.070. Exemptions.
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A. The following shall be exempted from the payment of all
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transportation impact fees: E
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1. Alteration or replacement of an existing nonresidential
structure that does not expand the usable space or change the existing land
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use.
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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2. Miscellaneous improvements which do not generate increased a
p.m. peak hour person trips, including, but not limited to, fences, walls,
residential swimming pools, and signs.
3. Demolition or moving of a structure when additional p.m. peak o
hour person trips are not generated.
4. A change of use that has less impact than the existing use shall
not be assessed a transportation impact fee. 3
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5. Construction of an accessory residential structure, including the
0
first accessory dwelling unit (ADU)under KCC 15.08.350, as it is considered
part of the single-family use associated with this fee. Subsequent ADU a
permits shall be charged 50% of the single-family unit impact fee. M
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B. The director shall be authorized to determine whether a particular 3
development activity falls within an exemption identified in this chapter, in W
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any other KCC provision, or under other applicable law. Determinations of -J
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the director shall be in writing and shall be subject to the appeals procedures o
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set forth in KCC 12.14.100. M
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SECTION 4. - Amendment - KCC 12.16.090. Section KCC 12.16.090
of the Kent City Code, entitled "Exemptions" is amended as follows: ail
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Sec. 12.16.090. Exemptions. o
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A. The park impact fees are generated from the formula for calculating E
the fees set forth in this chapter. The amount of the impact fees is
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determined by the information contained in the adopted park and open a
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space plan, park project list, and related documents, as appended to the 0
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city's comprehensive plan. All development activity located within the city CV)
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
Re: Accessory Dwelling Units (ADU)
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shall be charged a park impact fee; provided, that the following exemptions Q
apply.
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B. The following shall be exempt from parks impact fees: 0
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1. Replacement of a structure with a new structure having the c
same use, at the same site, and with the same gross floor area, when such
replacement is within 12 months of demolition or destruction of the previous 3
structure. it 0
2. Alteration, expansion, or remodeling of an existing dwelling or
structure where no new units are created and the use is not changed. Q
3. Construction of an accessory residential structure cludinq the M
first accessory dwelling unit (A` under KCC 15.08.350, as it is considered
part of the single-family use associated with this fee. Subsequent ADU 3
permits shall be charged 50% of the single-family unit impact fee.
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4. Miscellaneous improvements including but not limited to
fences, walls, swimming pools, and signs that do not create an increase in
demand for park services. N
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5. Demolition of or moving an existing structure within the city N
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from one site to another.
6. Change of Use. A development permit for a change of use that ail
has less impact than the existing use shall not be assessed a park impact c
fee. o
7. A fee payer required to pay for system improvements pursuant
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to RCW 43.21C.060 shall not be required to pay an impact fee for the same E
improvements under this chapter.
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C. The director shall be authorized to determine whether a particular C
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development activity falls within an exemption identified in this section. CO)
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
Re: Accessory Dwelling Units (ADU)
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Determinations of the director shall be subject to the appeals procedures set a
forth in KCC 12.16.100.
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SECTION 5. - Amendment - KCC 15.02.005. Section KCC 15.02.005 0
of the Kent City Code, entitled 'Accessory use or structure" is amended as
follows:
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Sec. 15.02.005. Accessory use or structure. Accessory use or
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structure means a use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure. a
Accessory structures include, but are not limited to: garages, accessoryM
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dwelling u guest cottages, sheds, storage buildings, and workshops.
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SECTION 6. - Amendment - KCC 15.02.114. Section KCC 15.02.114 W
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of the Kent City Code, entitled 'Duplex" is amended as follows: -J
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Sec. 15.02.114. Duplex/Two Family Dwelling. Duplex two N
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family dwelling- means one (1) detached residential building containing two N
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(2) dwelling units totally separated from each other by a one (1) hour fire
wall or floor, designed for occupancy by not more than two (2) families. ail
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Accessory dwelling units attached to a principal dwelling unit regardless of
the presence of a fire wall are not considered duplexes for the purposes of o
land use and zoning regulations.
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SECTION 7. - Amendment - KCC 15.04.030.10. Section KCC
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15.04.030.10 of the Kent City Code, entitled "Residential land use a
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development conditions" is amended as follows: 0
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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10. Accessory dwelling units shall not be included in calculating the a
maximum density. Accessory dwelling units are allowed only on the same
lot with a principally permitted detached single-family dwelling unit, and are
subject to the provisions of KGG 1 C 08 1 60 and 15.08.350. Accessory �
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dwelling units that are attached to or contained within existing single-family
residences are not subject to residential design review.
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SECTION S. -Amendment— KCC 15.05.040. Section KCC 15.05.040
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of the Kent City Code, entitled "Parking standards for specific activities" is
amended as follows: a
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Sec. 15.05.040. Parking standards for specific activities.
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A. Standards for the number of parking spaces for specific activities are W
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indicated in the following chart: _J
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SPECIFIC LAND USE PARKING SPACE c
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REQUIREMENT 00
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Living activities
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Single-family Two parking spaces
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per single-family dwelling. "a
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Duplex Two parking spaces r
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per dwelling unit. E
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Multifamily)2,3,4 One parking space per unit m
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for efficiency apartments in
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all sized developments; two U
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parking spaces for o
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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SPECIFIC LAND USE PARKING SPACE Q
REQUIREMENT
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each dwelling unit for
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developments with 49 or O
less dwelling units; one and
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eight-tenths parking spaces
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per dwelling unit for 3
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developments of 50 or c
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more dwelling units.
Accessory dwelling One off-street parking space Q
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unit per accessory unit is M
required in addition to the 3
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required parking for the >
single-family home.. No off- 3
street parking is required if J
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Principal single-family w
dwelling is within '/4 mile cM�
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distance of a manor transit 00
stop as defined by RCW
36.70A.696. The planning Ul
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director may waive this
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requirement where there are O
special circumstances r
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related to the property,
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its location, and the right-of-
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way. The surface of a Q
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required ADU off-street 0
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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SPECIFIC LAND USE PARKING SPACE Q
REQUIREMENT
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parking space shall comply
L
with KCC 15.05.090(E). O
Boardinghouses and One parking space for the
lodging houses proprietor, plus one space
3
per sleeping room for
boarders or lodging use, 0
plus one additional space for
each four persons employed Q
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on the premises. M
Mobile Two parking spaces for
and manufactured each mobile home site.
home parks * c3v
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Recreational vehicle One parking space for each
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park site. M
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Hotels5 One parking space for each 00
guest room, plus two parking 2
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spaces for each three 4)
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employees.
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Commercial activities
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Banks, One parking space for each
200 square feet of gross
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floor area, except when part
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of a shopping center. o
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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SPECIFIC LAND USE PARKING SPACE Q
REQUIREMENT
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Professional and One parking space for each
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business offices6 250 square feet of gross 0
floor area, except when part
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of a shopping center.
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Shopping centers Four and one-half spaces
per 1,000 square feet of 0
gross leaseable area (GLA)
for centers having GLA of Q
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less than 400,000 square M
feet, and five spaces per 3
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1,000 square feet of GLA for
centers having a GLA of 3
over 400,000 square feet. J
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Restaurants, One parking space for each w
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nightclubs, taverns and 100 square feet of gross N
lounges, floor area, except when part °�°,
of a shopping center.
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Retail stores, One parking space for each
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supermarkets, 200 square feet of gross
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department stores and floor area, except when
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personal service located in a shopping center.
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shops,
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Other retail One parking space for each Q
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establishments; 500 square feet of gross 0
furniture, appliance, Cl)
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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SPECIFIC LAND USE PARKING SPACE Q
REQUIREMENT
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hardware stores, floor area, except when
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household equipment located in a shopping center.
service shops, clothing
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or shoe repair shops,o
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Drive-in businessil One parking space for each
100 square feet of gross 0
floor area, except when U
located in a shopping center. * Q
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Uncovered commercial One parking space for each .LOM.
area, new and used 5,000 square feet of retail
car lots, plant nursery sales area in addition to any
parking requirements
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for buildings, except when U
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located in a shopping center. w
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Motor vehicle repair One parking space for each N
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and services 400 square feet of gross
floor area, except when part 01
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of a shopping center.
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Industrial showroom One parking space for each O
and display 500 square feet of display r
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area. E
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Bulk retail stores One parking space for each E
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350 square feet of gross
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floor area. U
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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SPECIFIC LAND USE PARKING SPACE Q
REQUIREMENT
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Industrial activities
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Manufacturing and One parking space for each
industrial uses, 1,000 square feet for 90%of
including warehouses, the gross floor area, and one
3
storage buildings, and parking space per 250
speculative warehouse square feet for 10%of 0
and the gross floor area. When
industrial buildings with total of uses other than Q
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multiple use or tenant manufacturing and industrial M
potential exceeds 10%of the gross 3
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floor area, the parking
requirements for 3
those uses shall apply. J
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Recreation-amusement activities w
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Auditoriums, theaters, One parking space for each N
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places of public four fixed seats, or one
assembly, stadiums, parking space for each 100 01
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and outdoor sports square feet of floor area of
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areas12 main auditorium or of
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principal place of assembly
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not containing fixed seats,
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whichever is greater.
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Bowling alleys13 Five spaces for each alley, Q
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except when located in 0
a shopping center. Cl)
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16 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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SPECIFIC LAND USE PARKING SPACE Q
REQUIREMENT
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Dance halls and One parking space for each
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skating rinks14 200 square feet of gross O
floor area, except when
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located in a shopping center.
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3
Golf driving ranges One parking space for each
driving station. 0
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Miniature golf courses One parking space for each Q
hole. M
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Recreational buildings, One parking space for each
3
whether independent 200 square feet of gross
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or associated with a floor area. Such spaces
3
multifamily complex shall be located adjacent to —J
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the building and shall be
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designated for visitors by M
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signing or other special N
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markings.
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Educational activities 0
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Senior high schools, One space for each
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public, parochial, and employee plus one space for 0
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private each 10 students enrolled. c
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In addition, if buses for the E
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transportation of children are
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kept at the school, one off-
street parking space shall be U
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provided for each bus, of a o
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17 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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SPECIFIC LAND USE PARKING SPACE Q
REQUIREMENT
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size sufficient to park each
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bus. O
One additional parking
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space for each 100 students
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shall be provided for visitors 3
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in the vicinity of or adjacent c
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to the administration portion
of the building or complex. Q
Such parking spaces shall M
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be so designated by signing
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or other special marking as
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approved by the traffic
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engineer. _J
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Colleges and Two and one-half parking w
universities and spaces for each employee, 04
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business and plus one space for each 00
vocational schools15 three students residing on
campus, plus one space for Ul
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each five day students not
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residing on campus. In O
addition, if buses for r
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transportation of students
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are kept at the school, one
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off-street parking space shall Q
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be provided for each bus, of 0
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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SPECIFIC LAND USE PARKING SPACE Q
REQUIREMENT
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a size sufficient to park each
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bus. O
One additional parking
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space for each 100 students
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shall be provided for visitors 3
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in the vicinity of or adjacent c
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to the administration portion
of the building or complex. Q
Such parking spaces shall M
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be so designated by signing
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or other special marking as
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approved by the traffic
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engineer. —J
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Elementary and junior One parking space for each w
high employee, plus one parking 04
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space for every 50 student 00
capacity(Capacity means
the designed capacity of the Ul
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school, even if actual f°
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enrollment varies by year). O
In addition, if buses for r
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transportation of students
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are kept at the school, one
E
off-street parking space shall Q
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be provided for each bus, of 0
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a size sufficient to park each Cl)
0
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19 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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SPECIFIC LAND USE PARKING SPACE Q
REQUIREMENT
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bus. Consideration for
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student loading/unloading
and pick-up/drop-off areas
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shall be integrated in the site
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plan. 3
0
Libraries and One parking space for each 0
museums 250 square feet in office and
public use. Q
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Day-care centers One parking space for each
employee, plus loading and
unloading areas.
3
Medical activities
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Medical and dental One parking space for each w
offices" 200 square feet of gross c
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floor area, except when 00
located in a shopping center.
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Convalescent, nursing, One parking space for each c
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and health institutions two employees, plus one
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parking space for each three 0
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beds. c
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Hospitals One parking space for each
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three beds, plus one parking E
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space for each staff doctor, o
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20 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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SPECIFIC LAND USE PARKING SPACE Q
REQUIREMENT
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plus one parking space for
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each three employees. O
Religious activities
Churches, One space for each five 3
0
religious institutions, or seats in the main �+
0
other places of auditorium/gathering place; y
m
worship" provided, that the spaces for Q
any institution shall not be M
M
less than 10. One seat is .LOM.
equivalent to seven square
feet,for institutions that do
not have seats in the main
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gathering place. For all V
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existing institutions enlarging w
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the seating capacity of their N
auditoriums, one additional 00
parking space shall be 2
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provided for each five U
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additional seats provided by
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the new construction. For all 0
existing institutions making
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structural alterations or E
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additions which do not
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increase the seating
capacity of the auditorium, v
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21 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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SPECIFIC LAND USE PARKING SPACE a
REQUIREMENT
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no additional parking need
L
be provided.
Mortuaries or funeral One parking space for each
homes 100 square feet of floor area
3
of assembly rooms.
0
Other uses For uses not specifically y
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identified in this section, the - Q
amount of parking required M
M
shall be determined by the .�M.
planning department, based
on staff experience, parking
required for similar uses,
J
and, if appropriate, V
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documentation provided by w
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the applicant. N
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1. Where enclosed garages are utilized to provide parking
I
required by this title, an 18-foot stacking space shall be provided in front of c
such garage units; provided, however, the planning director shall have the
L
authority to approve alternative plans where the developer can assure that 0
such garage units will continue to be available for parking purposes and will
not cause onsite parking or circulation problems. These assurances include
c
but are not limited to: (a) covenants that run with the land or homeowners' E
a
association that require garages to be utilized for the storage of vehicles,
0
(b) maintenance of drive aisle widths of 26 feet in front of each garage unit,
M
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and (c) maintenance of minimum clearances for fire lanes on the site. N
0
22 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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Special parking for recreational vehicles will not be required as long as the a
facility does not permit recreational vehicles other than campers or vehicles
that will fit into a normal-sized parking stall. If recreational vehicles are to
be permitted on the development, they must be screened and fenced. o
2. Exceptions for senior citizen apartments in multifamily
buildings:
a. The multifamily parking requirement may be reduced as 3
0
determined by the planning director. The planning director shall base his/her
0
decision on a parking study that supports one or more of the following: y
a�
i. Availability of private, convenient, regular a
transportation services to meet the needs of the tenants; M
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ii. Accessibility to and frequency of public
transportation; 3
iii. Pedestrian access to health, medical, and shopping W
3
facilities; _J
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iv. Minimum age requirement to reside in subject o
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apartments; N
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V. Special support services offered by the facility; N
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vi. Other documentation or standards that support a
permanent reduction of parking stalls. 01
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3. In MTC-1, MTC-2, and MCR zoning districts, a minimum of cc
three-fourths parking space per dwelling unit, or conduct a parking o
feasibility study to determine need. No spaces provided for recreation
vehicles. 0
E
4. For senior developments in MTC-1, MTC-2, and MCR zoning a
E
districts, one parking space for every four dwelling units, or conduct a a
a�
parking feasibility study to determine need. 0
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23 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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5. In MTC-1, MTC-2, and MCR zoning districts, one parking space a
for each guest room, plus two parking spaces for every five employees, or
conduct a parking feasibility study to determine need.
6. In MTC-1 and MCR zoning districts, one parking space for every o
400 square feet of gross floor area, except when part of a shopping center,
or conduct a parking feasibility study to determine need; in MTC-2 zoning
district, one parking space for every 500 square feet of gross floor area, or 3
0
conduct a parking feasibility study to determine need.
0
7. In MTC-1 and MCR zoning districts, one parking space for every
400 square feet of gross floor area, or conduct a parking feasibility study to a
determine need. M
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8. In MTC-1 and MCR zoning districts, one parking space for every
200 square feet of gross floor area, or conduct a parking feasibility study to 3
determine need; in MTC-2 zoning district, a minimum of one parking space W
3
for every 300 square feet of gross floor area, or conduct a parking feasibility
U
study to determine need. No parking is required if use is 3,000 square feet o
U
or less and with a parking supply of at least 20 spaces within 500 feet or N
0
1,000 feet of a public garage. N
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9. In MTC-1 and MCR zoning districts, one parking space for every
400 square feet of gross floor area, or conduct a parking feasibility study to �l
U
determine need; in MTC-2 zoning district, one parking space for every 500 cc
square feet of gross floor area, or conduct a parking feasibility study to 0
determine need. No parking is required if use is 800 square feet or less and
with a parking supply of at least 20 spaces within 500 feet or 1,000 feet of E
a public garage. a
E
10. In MTC-1, MTC-2, and MCR zoning districts, one parking space a
a�
for every 1,000 square feet of gross floor area, or conduct a parking 0
U
feasibility study to determine need. No parking is required if use is 800 Cl)
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24 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
Re: Accessory Dwelling Units (ADU)
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square feet or less and with a parking supply of at least 20 spaces within a
500 feet or 1,000 feet of a public garage.
11. In MTC-1 and MCR zoning districts, one parking space for every
400 square feet of gross floor area, except when located in a shopping o
center.
12. In MTC-1 and MCR zoning districts, conduct a parking feasibility
study to determine need. 3
0
13. In MTC-1 and MCR zoning districts, three parking spaces for
0
each alley, except when located in a shopping center.
14. In MTC-1 and MCR zoning districts, one parking space for every a
500 square feet of gross floor area, or conduct a parking feasibility study to M
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determine need.
15. In MTC-1, MTC-2, and MCR zoning districts, conduct a parking 3
feasibility study to determine need. W
3
16. In MTC-1, MTC-2, and MCR zoning districts, a minimum of one
U
parking space for every 400 square feet of gross floor area, or conduct a o
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parking feasibility study to determine need. N
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17. In MTC-1, MTC-2, and MCR zoning districts, one parking space N
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for every 10 seats in the main auditorium; provided, that the spaces for any
church shall not be less than 10. For all existing churches enlarging the �l
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seating capacity, one additional parking space shall be provided for every
10 seats provided by the new construction. o
a
B. Mixed occupancies or mixed use if one occupancy. In the case of two E
or more uses in the same building, the total requirements for off-street a
E
parking facilities shall be the sum of the requirements for the several uses a
a�
computed separately; except in shopping centers, and except as provided 0
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in the mixed use overlay, KCC 15.04.200. Off-street parking facilities for one Cl)
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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use shall not be considered as providing required parking facilities for any a
other use, except as permitted in subsection (C) of this section pertaining to
joint use.
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C. Joint use. The minimum amount of off-street parking required by
subsection (A) of this section may be reduced by the planning director when
shared parking facilities for two or more uses are proposed if: 3
0
1. The total parking area exceeds 5,000 square feet;
0
2. The parking facilities are designed and developed as a single
onsite common parking facility, or as a system of onsite and offsite facilities a
if all facilities are connected with improved pedestrian facilities and located M
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within 500 feet of the buildings or use areas they are intended to serve;
3. The amount of reduction in off-street parking does not exceed 3
10 percent per use unless it is documented that the peak parking demand W
3
hours of two or more uses are separated by at least one hour; _J
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4. The subject properties are legally encumbered by an easement o
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or other appropriate means which provide for continuous joint use of the N
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parking facilities. Documentation shall require review and approval by the N
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city attorney; and
5. The total number of parking spaces in the shared parking 01
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facility is not less than the minimum required by any single use. cc
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D. Employee parking. Where employee parking will be maintained
separately and in addition to parking for the general public, the regulations E
of this subsection shall apply: 0
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1. Minimum parking stall sizes, aisle widths, and percentage of a
a�
compact car stalls shall be as per other requirements in this chapter. 0
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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2. Employee parking must be clearly identified as such and not a
become parking for the general public.
3. If the employee parking is changed to parking for the general
public, the normal regulations for off-street parking shall be in force. o
4. Employee parking shall not be in lieu of parking requirements
per activity as stated in this section.
a�
3
0
E. Temporary parking facilities. Temporary parking facilities may be
0
permitted by the planning director when it has been shown that:
1. The existing use of the subject property has adequate legal a
nonconforming parking or that existing parking conforms to the applicable M
LO
standards of this title.
2. The temporary parking facility is primarily intended to serve 3
the public at large and not the existing use on the property. W
3
3. The temporary parking facility serves a public need. _J
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4. The temporary facility meets the following minimum standards: o
U
a. There shall be a minimum of 285 square feet gross area N
0
per stall. N
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b. The pavement section shall be a minimum of four inches
of five-eighths-inch minus C.R. crushed rock with bituminous surface ail
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treatment, subject to engineering department review.
C. Onsite drainage control and detention shall be provided o
per the drainage ordinance.
d. Ingress and egress and interior circulation and perimeter E
control shall be subject to traffic engineer approval.
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F. Compact car parking. 0
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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1. Parking stall size shall be a minimum of eight feet by 16 feet. a
Aisle width shall be per the requirements of KCC 15.05.080 and Diagram
No. 1 following KCC 15.05.100.
2. Compact car parking spaces shall be clearly identified by o
signing or other marking as approved by the city engineer.
3. Compact car parking spaces shall not exceed 30 percent of the
total required parking, and shall be distributed throughout the entire parking 3
0
area. For parking lots of more than 20 stalls, up to 50 percent of the total
0
required parking may be compact car parking spaces. Compact stalls cannot
be located along a fire lane in lots where the percentage of compact stalls a
exceeds 30 percent, unless approved by the fire marshal. M
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4. See KCC 15.05.080 and diagram No. 1 following KCC
15.05.100 for typical compact car stall arrangements. 3
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3
G. Transit and rideshare provisions.
U
1. The planning director may reduce the minimum number of off- o
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street parking stalls for businesses which have a commute trip reduction N
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program filed with the city. Based upon a review of this program and input N
00
from other staff members, a reduction of up to 20 percent of the minimum
standard may be approved. Any reduction in the amount of required parking �l
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is only valid for as long as the approved CTR program is in effect. An
invalidated program or a change in use or operations would result in the o
application of the underlying standards per subsection (A) of this section.
2. The planning director may reduce the number of required off- E
street parking stalls for businesses which do not have a commute trip
E
reduction program by one stall for every two car pool stalls, and/or one stall a
a�
for every one van pool stall if: 0
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28 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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a. Reserved rideshare parking is located convenient to the a
primary employee entrance;
b. Reserved areas are clearly marked by signs for use by
approved and qualified rideshare vehicles; o
C. The use of reserved areas for rideshare parking is
actively enforced by the employer; and
d. The total reduction in the number of parking stalls does 3
o
not exceed 10 percent of the required stalls.
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SECTION 9. -Amendment - KCC 15.08.160. Section KCC 15.08.160 a
of the Kent City Code, entitled "Accessory buildings" is amended as follows: M
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Sec. 15.08.160. Accessory buildings. 3
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3
A. An accessory building can be located anywhere on a lot if it conforms
U
with the setbacks required by this title for a principal building. In the rear o
U
one-half of a lot the accessory building can be built to within two feet of the N
0
side and rear lot lines, except when attached to a principal building, in which N
00
case it must have the same setbacks as the main building. if ethe
regulations or erdinanees conflict with the provisions W n this subsection, the
a�
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stricter regulations shall apply. Accessory dwelling unitsare not considered cc
an accessory building subject to this section. o
a
B. There shall be not more than one guest cottage or accessory dwelling E
unit on any one lot. The guest cottage or ADU shall be located on the rear
E
half of the lot, unless determined to be infeasible due to lot shape, house a
a�
placement, or other factors as approved by the economic and community 0
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29 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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development director. a
.
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C. The combined footprint of all accessory buildings on a lot shall not o
exceed 15 percent of the lot area.
D. Accessory buildings shall not exceed 23 feet in height. 3
0
E. Accessory buildings shall not exceed the height of the principal
building.
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F. Accessory buildings that are 12 feet in height or higher must be
visually compatible with the principal building by meeting all of the following: 3
1. The exterior finish material must be the same or visually match W
3
the exterior finish material of the principal building, in type, size, and
U
placement; o
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2. The trim on the accessory building must be the same or visually N
0
match the trim used on the principal building, in type, size, and placement; N
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and
3. The roof pitch of the accessory building must be substantially �l
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the same as the roof pitch of the principal building.
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SECTION 10. - Repeal. Section 15.08.350 of the Kent City Code, r
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entitled "Accessory dwelling unit regulations" is hereby repealed in its E
entirety.
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SECTION 11. - New Section. A new Section 15.08.350 of the Kent
0
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City Code, entitled "Accessory dwelling unit (ADU) regulations" is hereby N
0
enacted as follows: N
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30 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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A. Intent. The City views accessory dwelling units (ADUs) as a method
to increase the diversity of housing stock within the City and to expand
affordable housing options. ADUs provide options for different household o
types (single people, older people aging in place, people with disabilities,
multigenerational housing, and others).
a�
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0
6. Standards and criteria. OC
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1. An ADU may be attached (established within or as an addition
to a single-family dwellin or det ed from the rin wellin a
All ADUs not established within or as an Mdition to the rinci al dwellingM
LO
shall be deemed "detached, including those attached to an accessory
structure such as a ciaracie or via an external-only connection like a 3
a�
IF
breezeway or shared roof form. W
3
2. Two ADUs per lot xajallowed in any of the following
U
configurations: o
U
a. a al hed and one detached accessory dwelling unit; M
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-I&KIMed accessory dwelling units; or N
00
c. Too dIMched accessory dwelling units.
3. ADU Lo ion: ail
u
a. An ADU may be located anywhere on a lot if it conforms cc
with the setbacks required by this title. o
b. An attached ADU must have the same setbacks as the
principal dwelling nit. E
c. A detached ADU may be located in the rear one-half of a
E
a lot and can be built to within two feet of the side and rear lot lines. If on a Q
a�
corner lot it may be built to the side yard setback of the flanking street. 0
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31 Q
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
Re: Accessory Dwelling Units (ADU)
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d. If the Planning Director determines that an ADU will be a
infeasible due to lot shape, the location of existing structures, or other
factors, the Planning Director may grant modifications to this section.
e. All applicable health and safety standards shall apply, o
including but not limited to building code standards and fire and life safety
standards.
4. A detached ADU shall not exceed twenty-four 24 feet in 3
0
height. Features such as chimneys, antennae and rail) ma extend up to
0
4 feet above the maximum allowed hei ht y
a�
5. The design and size an A U shall Col to the a
requirements of all building, plumbing, e7ectricai chanical Fergy, fire M
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health and any other applicable codes. ADUs may not use metal aluminum
or fiberglass siding. 3
6. The maximum size f ssor Vllin unit is 1,000
3
square feet. The maxim, m gross fl r ea a lowed shall not be transferred
U
between units from ohtqMDU to a ther. When calculatingthe square o
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footage of the RDU refer t KCC 15.02 definition of ross floor area." M
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The gross fl rea N
a. eas less than seven 7 feet of ceiling height, as
01
measured between the finis floor and the supporting members for the �l
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roof.
b. Covered exterior elements such as decks and porches; o
provided, the total size of all such covered exterior elements does not exceed
200 square feet. E
C. If the detached ADU is built within, above, or in addition a
E
to another accessory structure, the gross floor area of theaccessory a
a�
structure is not counted towards the gross floor area of the ADU. 0
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7. Parking requirements are set forth in KCC 15.05.040. o
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32 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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8. Development standards listed in 15.04.170 not specified in this a
section shall apply to all ADU development including, but not limited to,
building coverage, site coverage, impervious surface, and setbacks.
9. A covenant limiting the use of one of the dwelling units to an o
owner occupant is not required and previously recorded covenants to that
effect may be released by the planning director. TheA& of recording an
release shall be paid by the applicant. The release of he covenant does not 3
0
change or alter the established use or the acd4ssor%&ellinq unit on the
0
property.
10. A permit application mu a co feted an r ved for a
all ADUs. The economic and communit develo ent de a ent shall M
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determine the application requirements for an ADU permit.
11. An accessory dwelling it and the principal dwelling may be 3
a�
designated for separate ownershi H the QW does not regulate the
3
creation of condominiums or other XTAOon interest communities which are
U
governed under, state law Unifor Comm6n Interest Ownership Act o
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Chapter 64.90 RC M
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12. Thp Pla allow reasonable deviations from N
these uirem is due a conditions and existing structures. M
Any deviations granted by the planning director under this 01
section t demonstrate that the deviation does not interfere with or
negatively impact A operations of existing land uses and all legallyo
permitted uses withi the zoning district it occupies; and does not constitute r
a threat to the public health, safety, and welfare. E
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SECTION 12. - Current Applications. All applicants that have a
a�
submitted permit applications for accessory dwelling units prior to the 0
U
effective date of this ordinance may choose to have such applications Cl)
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33 a
Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
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continue to be reviewed under the regulations in effect when their a
application was submitted, or they may choose to have such applications
reviewed under the regulations adopted by this ordinance upon its effective
date without having to submit a new permit application. If an applicant elects o
to have their accessory dwelling unit permit application reviewed under the
new regulations adopted by this ordinance, they shall notify the City's permit
center in writing. 3
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SECTION 13. - Adoptions by Reference. A true and correct copy of
RCW 36.70A.696, adopted and incorporated by reference in Section 8 of this a
ordinance, is attached as Exhibit A. M
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SECTION 14. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
J
and the same shall remain in full force and effect.
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SECTION 15. - Corrections by City Clerk or Code Reviser. Upon o
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approval of the city attorney, the city clerk and the code reviser are 00
authorized to make necessary corrections to this ordinance, including the 2
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correction of clerical errors; ordinance, section, or subsection numbering; or c
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references to other local, state, or federal laws, codes, rules, or regulations.
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SECTION 16 - Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law. E
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DANA RALPH, MAYOR Date Approved N
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10,
15.05.040, 15.08.160, and repeal and replace 15.08.350
Re: Accessory Dwelling Units (ADU)
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted o
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Date Published
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APPROVED AS TO FORM: 0'
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TAMMY WHITE, CITY ATTORNEY M
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Amend KCC 7.02.050, 7.04.220, 12.14.070, 12.16.090, 15.02.005, 15.02.114, 15.04.030.10, c
15.05.040, 15.08.160, and repeal and replace 15.08.350 m
Re: Accessory Dwelling Units (ADU)
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EXHIBIT A
RCW 36.70A. 696 Accessory dwelling units—Definitions . The
definitions in this section apply throughout RCW 36 . 70A. 697 and
36 . 70A. 698 unless the context clearly requires otherwise . o
(1) "Accessory dwelling unit" means a dwelling unit located on Q
the same lot as a single-family housing unit, duplex, triplex,
townhome, or other housing unit .
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(2) "Attached accessory dwelling unit" means an accessory
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dwelling unit located within or attached to a single-family housing
unit, duplex, triplex, townhome, or other housing unit . O
(3) "City" means any city, code city, and town located in a
county planning under RCW 36 . 70A. 040 .
(4) "County" means any county planning under RCW 36 . 70A. 040 .
(5) "Detached accessory dwelling unit" means an accessory
dwelling unit that consists partly or entirely of a building that is o
separate and detached from a single-family housing unit, duplex,
triplex, townhome, or other housing unit and is on the same property. o
(6) "Dwelling unit" means a residential living unit that provides
complete independent living facilities for one or more persons and
that includes permanent provisions for living, sleeping, eating, Q
cooking, and sanitation.
(7) "Major transit stop" means :
(a) A stop on a high capacity transportation system funded or
expanded under the provisions of chapter 81 . 104 RCW; 3
(b) Commuter rail stops;
(c) Stops on rail or fixed guideway systems, including
transitways; 3
(d) Stops on bus rapid transit routes or routes that run on high _J
occupancy vehicle lanes; or t�
(e) Stops for a bus or other transit mode providing actual fixed
route service at intervals of at least fifteen minutes for at least w
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five hours during the peak hours of operation on weekdays . c
(8) "Owner" means any person who has at least 50 percent N
ownership in a property on which an accessory dwelling unit is 00,
located. �
(9) "Short-term rental" means a lodging use, that is not a hotel m�
or motel or bed and breakfast, in which a dwelling unit, or portion
thereof, is offered or provided to a guest by a short-term rental c
operator for a fee for fewer than 30 consecutive nights . [2021 c 306
§ 2; 2020 c 217 § 2 . 1 0`
Findings—Intent-2020 c 217 : " (1) The legislature makes the
following findings : 6
(a) Washington state is experiencing a housing affordability
crisis . Many communities across the state are in need of more housing a)
for renters, across the income spectrum. Accessory dwelling units are a
frequently rented at below market rate, providing additional
affordable housing options for renters .
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(b) Accessory dwelling units are often occupied by tenants who N
pay no rent at all; among these tenants are grandparents, adult N
children, family members with disabilities, friends going through life D
transitions, and community members in need. Accessory dwelling units a
meet the needs of these people who might otherwise require scarce
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subsidized housing space and resources .
(c) Accessory dwelling units can meet the needs of Washington' s E
growing senior population, making it possible for this population to
age in their communities by offering senior-friendly housing, which
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RCW (10/5/2 0 2 2 10 : 3 0 AM) L 1 ] Packet Pg. 100
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prioritizes physical accessibility, in walkable communities near
amenities essential to successful aging in place, including transit
and grocery stores, without requiring costly renovations of existing 0
housing stock. Q
(d) Homeowners who add an accessory dwelling unit may benefit
from added income and an increased sense of security.
(e) Siting accessory dwelling units near transit hubs and near
public amenities can help to reduce greenhouse gas emissions by
increasing walkability, shortening household commutes, and limiting 0`
sprawl .
(2) The legislature intends to promote and encourage the creation
of accessory dwelling units as a means to address the need for
additional affordable housing options . " [2020 c 217 § 1 . ]
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RCW (10/5/2022 10 : 30 AM) [ 2 ] Packet Pg. 101